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
141Hispanic Achievers license plate, the Children First
142license plate, and the Veterans of Foreign Wars license
143plate; establishing an annual use fee for the plates;
144providing for distribution of use fees received from the
145sale of such plates; prohibiting the department from
146establishing new voluntary contributions on the motor
147vehicle registration application form or the driver's
148license application form during a certain time period;
149providing exceptions; amending s. 320.0807, F.S.; revising
150provisions governing the special license plates issued to
151federal and state legislators; amending s. 320.084, F.S.;
152providing for a biennial registration renewal period for
153disabled veteran license plates; amending s. 321.03, F.S.;
154providing that it is unlawful to possess or color or cause
155to be colored a motor vehicle or motorcycle of the same or
156similar color as those prescribed for the Florida Highway
157Patrol unless specifically authorized by the Florida
158Highway Patrol; amending s. 321.05, F.S.; providing that
159officers of the Florida Highway Patrol have the same
160arrest and other authority as that provided for certain
161other state law enforcement officers; amending s. 322.01,
162F.S.; defining the term "tri-vehicle" and excluding such
163vehicles from the definition of "motorcycle" as those
164terms are used in provisions for drivers' licenses;
165amending s. 322.08, F.S.; requiring the application form
166for an original, renewal, or replacement driver's license
167or identification card to include language permitting the
168applicant to make voluntary contributions for certain
169purposes; requiring such forms to include language
170permitting the applicant to make a voluntary contribution
171to the League Against Cancer/La Liga Contra el Cancer and
172to state homes for veterans; providing for distribution of
173funds collected from such contributions; providing that
174such contributions are not considered income of a revenue
175nature; amending s. 322.121, F.S.; revising legislative
176intent for reexamination of licensed drivers upon the
177renewal of the driver's license; removing a requirement
178that each licensee must pass a reexamination at the time
179of license renewal; amending s. 322.18, F.S.; authorizing
180a licensed physician at a federally established veterans'
181hospital to administer a vision test for purposes of
182renewing a driver's license; conforming a cross-reference;
183amending s. 322.2615, F.S.; revising requirements for
184information an officer must submit to the department after
185suspending a driver's license for certain DUI offenses;
186removing a requirement that the officer submit a copy of a
187crash report; authorizing the officer to submit such
188report; amending s. 322.271, F.S.; providing procedures
189for the restoration of the driving privileges of certain
190persons whose driving privileges have been revoked;
191providing for a hearing; providing for the adoption of
192rules; providing a phase-in period; amending s. 322.2715,
193F.S.; requiring the installation of an ignition interlock
194device under certain circumstances; amending s. 322.34,
195F.S.; providing that if a person does not hold a
196commercial driver's license and is cited for an offense of
197knowingly driving while his or her license is suspended,
198revoked, or canceled for specified offenses, he or she
199may, in lieu of payment of a fine or court appearance,
200elect to enter a plea of nolo contendere and provide proof
201of compliance to the clerk of the court, designated
202official, or authorized operator of a traffic violations
203bureau; limiting a driver's option to elect such a remedy;
204amending s. 322.61, F.S.; revising the period of
205disqualification from operating a commercial motor vehicle
206for a violation of an out-of-service order; amending s.
207488.06, F.S.; specifying additional circumstances under
208which the department may suspend or revoke a license or
209certificate of a driving school; providing procedures for
210background screening; amending ss. 261.03 and 317.0003,
211F.S.; revising the definition of the term "ROV" to include
212vehicles of an increased width and weight for purposes of
213provisions relating to off-highway vehicles; amending s.
214316.008, F.S.; authorizing a county or municipality to
215enact an ordinance to permit, control, or regulate the
216operation of vehicles, golf carts, mopeds, motorized
217scooters, and electric personal assistive mobility devices
218on sidewalks or sidewalk areas under certain conditions;
219requiring the ordinance to restrict such vehicles or
220devices to a certain maximum speed; amending s. 316.1995,
221F.S.; specifying exceptions to restrictions on operating
222vehicles upon a bicycle path, sidewalk, or sidewalk area;
223amending s. 316.212, F.S.; providing for a local
224governmental entity to enact an ordinance relating to golf
225cart operation on sidewalks in certain areas if certain
226conditions are met; amending s. 316.2128, F.S.; revising
227requirements for signage which must be displayed by
228certain sellers of motorized scooters or miniature
229motorcycles; creating the "Ronshay Dugans Act";
230designating Drowsy Driving Prevention Week; encouraging
231the Department of Highway Safety and Motor Vehicles and
232the Department of Transportation to educate the law
233enforcement community and the public about the
234relationship between fatigue and driving performance;
235providing effective dates.
236
237Be It Enacted by the Legislature of the State of Florida:
238
239     Section 1.  Subsection (86) is added to section 316.003,
240Florida Statutes, to read:
241     316.003  Definitions.-The following words and phrases, when
242used in this chapter, shall have the meanings respectively
243ascribed to them in this section, except where the context
244otherwise requires:
245     (86)  TRI-VEHICLE.-An enclosed three-wheeled passenger
246vehicle that:
247     (a)  Is designed to operate with three wheels in contact
248with the ground;
249     (b)  Has a minimum unladen weight of 900 pounds;
250     (c)  Has a single, completely enclosed, occupant
251compartment;
252     (d)  Is produced in a minimum quantity of 300 in any
253calendar year;
254     (e)  Is capable of a speed greater than 60 miles per hour
255on level ground; and
256     (f)  Is equipped with:
257     1.  Seats that are certified by the vehicle manufacturer to
258meet the requirements of Federal Motor Vehicle Safety Standard
259No. 207, "Seating systems" (49 C.F.R. s. 571.207);
260     2.  A steering wheel used to maneuver the vehicle;
261     3.  A propulsion unit located forward or aft of the
262enclosed occupant compartment;
263     4.  A seat belt for each vehicle occupant certified to meet
264the requirements of Federal Motor Vehicle Safety Standard No.
265209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
266     5.  A windshield and an appropriate windshield wiper and
267washer system that are certified by the vehicle manufacturer to
268meet the requirements of Federal Motor Vehicle Safety Standard
269No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
270Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
271Washing Systems" (49 C.F.R. s. 571.104); and
272     6.  A vehicle structure certified by the vehicle
273manufacturer to meet the requirements of Federal Motor Vehicle
274Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
275s. 571.216).
276     Section 2.  Paragraph (b) of subsection (5) of section
277316.066, Florida Statutes, is amended to read:
278     316.066  Written reports of crashes.-
279     (5)
280     (b)  Crash reports held by an agency under paragraph (a)
281may be made immediately available to the parties involved in the
282crash, their legal representatives, their licensed insurance
283agents, their insurers or insurers to which they have applied
284for coverage, persons under contract with such insurers to
285provide claims or underwriting information, prosecutorial
286authorities, law enforcement agencies, county traffic
287operations, victim services programs, radio and television
288stations licensed by the Federal Communications Commission,
289newspapers qualified to publish legal notices under ss. 50.011
290and 50.031, and free newspapers of general circulation,
291published once a week or more often, available and of interest
292to the public generally for the dissemination of news. For the
293purposes of this section, the following products or publications
294are not newspapers as referred to in this section: those
295intended primarily for members of a particular profession or
296occupational group; those with the primary purpose of
297distributing advertising; and those with the primary purpose of
298publishing names and other personal identifying information
299concerning parties to motor vehicle crashes.
300     Section 3.  Paragraph (b) of subsection (1) of section
301316.0741, Florida Statutes, is amended to read:
302     316.0741  High-occupancy-vehicle lanes.-
303     (1)  As used in this section, the term:
304     (b)  "Hybrid vehicle" means a motor vehicle:
305     1.  That draws propulsion energy from onboard sources of
306stored energy which are both an internal combustion or heat
307engine using combustible fuel and a rechargeable energy-storage
308system; and
309     2.  That, in the case of a passenger automobile or light
310truck, has received a certificate of conformity under the Clean
311Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
312equivalent qualifying California standards for a low-emission
313vehicle; and
314     3.  That, in the case of a tri-vehicle, is an inherently
315low-emission vehicle as provided in subsection (4).
316     (4)(a)  Notwithstanding any other provision of this
317section, an inherently low-emission vehicle (ILEV) that is
318certified and labeled in accordance with federal regulations may
319be driven in an HOV lane at any time, regardless of its
320occupancy. In addition, upon the state's receipt of written
321notice from the proper federal regulatory agency authorizing
322such use, a vehicle defined as a hybrid vehicle under this
323section may be driven in an HOV lane at any time, regardless of
324its occupancy.
325     (b)  All eligible hybrid and all eligible other low-
326emission and energy-efficient vehicles driven in an HOV lane
327must comply with the minimum fuel economy standards in 23 U.S.C.
328s. 166(f)(3)(B).
329     (c)  Upon issuance of the applicable United States
330Environmental Protection Agency final rule pursuant to 23 U.S.C.
331s. 166(e), relating to the eligibility of hybrid and other low-
332emission and energy-efficient vehicles for operation in an HOV
333lane, regardless of occupancy, the Department of Transportation
334shall review the rule and recommend to the Legislature any
335statutory changes necessary for compliance with the federal
336rule. The department shall provide its recommendations no later
337than 30 days following issuance of the final rule.
338     Section 4.  Section 316.159, Florida Statutes, is amended
339to read:
340     316.159  Certain vehicles to stop or slow at all railroad
341grade crossings.-
342     (1)  The driver of any motor vehicle carrying passengers
343for hire, excluding taxicabs, of any school bus carrying any
344school child, or of any vehicle carrying explosive substances or
345flammable liquids as a cargo or part of a cargo, before crossing
346at grade any track or tracks of a railroad, shall stop such
347vehicle within 50 feet but not less than 15 feet from the
348nearest rail of the railroad and, while so stopped, shall listen
349and look in both directions along the track for any approaching
350train, and for signals indicating the approach of a train,
351except as hereinafter provided, and shall not proceed until he
352or she can do so safely. After stopping as required herein and
353upon proceeding when it is safe to do so, the driver of any such
354vehicle shall cross only in a gear of the vehicle so that there
355will be no necessity for changing gears while traversing the
356crossing, and the driver shall not shift gears while crossing
357the track or tracks.
358     (2)  No stop need be made at any such crossing where a
359police officer, a traffic control signal, or a sign directs
360traffic to proceed. However, any school bus carrying any school
361child shall be required to stop unless directed to proceed by a
362police officer.
363     (3)  The driver of any commercial motor vehicle that is not
364required to stop under subsection (1) or subsection (2) shall
365slow the motor vehicle before crossing the tracks of any
366railroad grade crossing and check that the tracks are clear of
367an approaching train.
368     (4)(3)  A violation of this section is a noncriminal
369traffic infraction, punishable as a moving violation as provided
370in chapter 318.
371     Section 5.  Subsections (13) and (14) of section 316.193,
372Florida Statutes, are amended to read:
373     316.193  Driving under the influence; penalties.-
374     (13)  If personnel of the circuit court or the sheriff do
375not immobilize vehicles, only immobilization agencies that meet
376the conditions of this subsection shall immobilize vehicles in
377that judicial circuit.
378     (a)  The immobilization agency responsible for immobilizing
379vehicles in that judicial circuit shall be subject to strict
380compliance with all of the following conditions and
381restrictions:
382     1.  Any immobilization agency engaged in the business of
383immobilizing vehicles shall provide to the clerk of the court a
384signed affidavit attesting that the agency:
385     a.  Have a class "R" license issued pursuant to part IV of
386chapter 493;
387     a.b.  Has Have at least 3 years of verifiable experience in
388immobilizing vehicles; and
389     b.c.  Maintains Maintain accurate and complete records of
390all payments for the immobilization, copies of all documents
391pertaining to the court's order of impoundment or
392immobilization, and any other documents relevant to each
393immobilization. Such records must be maintained by the
394immobilization agency for at least 3 years; and
395     c.  Employs and assigns persons to immobilize vehicles that
396meet the requirements established in subparagraph 2.
397     2.  The person who immobilizes a vehicle must:
398     a.  Not have been adjudicated incapacitated under s.
399744.331, or a similar statute in another state, unless his or
400her capacity has been judicially restored; involuntarily placed
401in a treatment facility for the mentally ill under chapter 394,
402or a similar law in any other state, unless his or her
403competency has been judicially restored; or diagnosed as having
404an incapacitating mental illness unless a psychologist or
405psychiatrist licensed in this state certifies that he or she
406does not currently suffer from the mental illness.
407     b.  Not be a chronic and habitual user of alcoholic
408beverages to the extent that his or her normal faculties are
409impaired; not have been committed under chapter 397, former
410chapter 396, or a similar law in any other state; not have been
411found to be a habitual offender under s. 856.011(3), or a
412similar law in any other state; or not have had any convictions
413under this section, or a similar law in any other state, within
4142 years before the affidavit is submitted.
415     c.  Not have been committed for controlled substance abuse
416or have been found guilty of a crime under chapter 893, or a
417similar law in any other state, relating to controlled
418substances in any other state.
419     d.  Not have been found guilty of or entered a plea of
420guilty or nolo contendere to, regardless of adjudication, or
421been convicted of a felony, unless his or her civil rights have
422been restored.
423     e.  Be a citizen or legal resident alien of the United
424States or have been granted authorization to seek employment in
425this country by the United States Bureau of Citizenship and
426Immigration Services.
427     (b)  The immobilization agency shall conduct a state
428criminal history check through the Florida Department of Law
429Enforcement to ensure that the person hired to immobilize a
430vehicle meets the requirements in sub-subparagraph (a)2.d. never
431have been convicted of any felony or of driving or boating under
432the influence of alcohol or a controlled substance in the last 3
433years.
434     (c)(b)  A person who violates paragraph (a) commits a
435misdemeanor of the first degree, punishable as provided in s.
436775.082 or s. 775.083.
437     (c)  Any immobilization agency who is aggrieved by a
438person's violation of paragraph (a) may bring a civil action
439against the person who violated paragraph (a) seeking injunctive
440relief, damages, reasonable attorney's fees and costs, and any
441other remedy available at law or in equity as may be necessary
442to enforce this subsection. In any action to enforce this
443subsection, establishment of a violation of paragraph (a) shall
444conclusively establish a clear legal right to injunctive relief,
445that irreparable harm will be caused if an injunction does not
446issue, that no adequate remedy at law exists, and that public
447policy favors issuance of injunctive relief.
448     (14)  As used in this chapter, the term:
449     (a)  "Immobilization," "immobilizing," or "immobilize"
450means the act of installing a vehicle antitheft device on the
451steering wheel of a vehicle, the act of placing a tire lock or
452wheel clamp on a vehicle, or a governmental agency's act of
453taking physical possession of the license tag and vehicle
454registration rendering a vehicle legally inoperable to prevent
455any person from operating the vehicle pursuant to an order of
456impoundment or immobilization under subsection (6).
457     (b)  "Immobilization agency" or "immobilization agencies"
458means any person, firm, company, agency, organization,
459partnership, corporation, association, trust, or other business
460entity of any kind whatsoever that meets all of the conditions
461of subsection (13).
462     (c)  "Impoundment," "impounding," or "impound" means the
463act of storing a vehicle at a storage facility pursuant to an
464order of impoundment or immobilization under subsection (6)
465where the person impounding the vehicle exercises control,
466supervision, and responsibility over the vehicle.
467     (d)  "Person" means any individual, firm, company, agency,
468organization, partnership, corporation, association, trust, or
469other business entity of any kind whatsoever.
470     Section 6.  Subsections (5) and (20) of section 316.2065,
471Florida Statutes, are amended to read:
472     316.2065  Bicycle regulations.-
473     (5)(a)  Any person operating a bicycle upon a roadway at
474less than the normal speed of traffic at the time and place and
475under the conditions then existing shall ride in the lane marked
476for bicycle use or, if no lane is marked for bicycle use, as
477close as practicable to the right-hand curb or edge of the
478roadway except under any of the following situations:
479     1.  When overtaking and passing another bicycle or vehicle
480proceeding in the same direction.
481     2.  When preparing for a left turn at an intersection or
482into a private road or driveway.
483     3.  When reasonably necessary to avoid any condition,
484including, but not limited to, a fixed or moving object, parked
485or moving vehicle, bicycle, pedestrian, animal, surface hazard,
486or substandard-width lane, that makes it unsafe to continue
487along the right-hand curb or edge. For the purposes of this
488subsection, a "substandard-width lane" is a lane that is too
489narrow for a bicycle and another vehicle to travel safely side
490by side within the lane.
491     (b)  Any person operating a bicycle upon a one-way highway
492with two or more marked traffic lanes may ride as near the left-
493hand curb or edge of such roadway as practicable.
494     (20)  Except as otherwise provided in this section, a
495violation of this section is a noncriminal traffic infraction,
496punishable as a pedestrian violation as provided in chapter 318.
497A law enforcement officer may issue traffic citations for a
498violation of subsection (3) or subsection (16) only if the
499violation occurs on a bicycle path or road, as defined in s.
500334.03. However, a law enforcement officer they may not issue
501citations to persons on private property, except any part
502thereof which is open to the use of the public for purposes of
503vehicular traffic.
504     Section 7.  Subsection (3) of section 316.2085, Florida
505Statutes, is amended to read:
506     316.2085  Riding on motorcycles or mopeds.-
507     (3)  The license tag of a motorcycle or moped must be
508permanently affixed to the vehicle and may not be adjusted or
509capable of being flipped up. No device for or method of
510concealing or obscuring the legibility of the license tag of a
511motorcycle shall be installed or used. The license tag of a
512motorcycle or moped may be affixed horizontally to the ground so
513that the numbers and letters read from left to right.
514Alternatively, a license tag for a motorcycle or moped for which
515the numbers and letters read from top to bottom may be affixed
516perpendicularly to the ground, provided that the registered
517owner of the motorcycle or moped maintains a prepaid toll
518account in good standing and a transponder associated with the
519prepaid toll account is affixed to the motorcycle or moped.
520     Section 8.  Paragraph (d) is added to subsection (2) of
521section 316.2952, Florida Statutes, to read:
522     316.2952  Windshields; requirements; restrictions.-
523     (2)  A person shall not operate any motor vehicle on any
524public highway, road, or street with any sign, sunscreening
525material, product, or covering attached to, or located in or
526upon, the windshield, except the following:
527     (d)  A global positioning system device or similar
528satellite receiver device which uses the global positioning
529system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
530obtaining navigation or routing information while the motor
531vehicle is being operated.
532     Section 9.  Section 316.29545, Florida Statutes, is amended
533to read:
534     316.29545  Window sunscreening exclusions; medical
535exemption; certain law enforcement vehicles and private
536investigative service vehicles exempt.-
537     (1)  The department shall issue medical exemption
538certificates to persons who are afflicted with Lupus, any
539autoimmune disease, or other similar medical conditions which
540require a limited exposure to light, which certificates shall
541entitle the person to whom the certificate is issued to have
542sunscreening material on the windshield, side windows, and
543windows behind the driver which is in violation of the
544requirements of ss. 316.2951-316.2957. The department shall
545consult with the Medical Advisory Board established in s.
546322.125 for guidance with respect to the autoimmune diseases and
547other medical conditions which shall be included on provide, by
548rule, for the form of the medical certificate authorized by this
549section. At a minimum, the medical exemption certificate shall
550include a vehicle description with the make, model, year,
551vehicle identification number, medical exemption decal number
552issued for the vehicle, and the name of the person or persons
553who are the registered owners of the vehicle. A medical
554exemption certificate shall be nontransferable and shall become
555null and void upon the sale or transfer of the vehicle
556identified on the certificate.
557     (2)  The department shall exempt all law enforcement
558vehicles used in undercover or canine operations from the window
559sunscreening requirements of ss. 316.2951-316.2957.
560     (3)  The department shall exempt from the window
561sunscreening restrictions of ss. 316.2953, 316.2954, and
562316.2956 vehicles that are owned or leased by private
563investigators or private investigative agencies licensed under
564chapter 493.
565     (4)(3)  The department may charge a fee in an amount
566sufficient to defray the expenses of issuing a medical exemption
567certificate as described in subsection (1).
568     (5)  The department is authorized to promulgate rules for
569the implementation of this section.
570     Section 10.  Subsection (1) of section 316.605, Florida
571Statutes, is amended to read:
572     316.605  Licensing of Vehicles.-
573     (1)  Every vehicle, at all times while driven, stopped, or
574parked upon any highways, roads, or streets of this state, shall
575be licensed in the name of the owner thereof in accordance with
576the laws of this state unless such vehicle is not required by
577the laws of this state to be licensed in this state and shall,
578except as otherwise provided in s. 320.0706 for front-end
579registration license plates on truck tractors and s. 320.086(5)
580which exempts display of license plates on described former
581military vehicles, display the license plate or both of the
582license plates assigned to it by the state, one on the rear and,
583if two, the other on the front of the vehicle, each to be
584securely fastened to the vehicle outside the main body of the
585vehicle not higher than 60 inches and not lower than 12 inches
586from the ground and no more than 24 inches to the left or right
587of the centerline of the vehicle, and in such manner as to
588prevent the plates from swinging, and all letters, numerals,
589printing, writing, and other identification marks upon the
590plates regarding the word "Florida," the registration decal, and
591the alphanumeric designation shall be clear and distinct and
592free from defacement, mutilation, grease, and other obscuring
593matter, so that they will be plainly visible and legible at all
594times 100 feet from the rear or front. Except as provided in s.
595316.2085(3), vehicle license plates shall be affixed and
596displayed in such a manner that the letters and numerals shall
597be read from left to right parallel to the ground. No vehicle
598license plate may be displayed in an inverted or reversed
599position or in such a manner that the letters and numbers and
600their proper sequence are not readily identifiable. Nothing
601shall be placed upon the face of a Florida plate except as
602permitted by law or by rule or regulation of a governmental
603agency. No license plates other than those furnished by the
604state shall be used. However, if the vehicle is not required to
605be licensed in this state, the license plates on such vehicle
606issued by another state, by a territory, possession, or district
607of the United States, or by a foreign country, substantially
608complying with the provisions hereof, shall be considered as
609complying with this chapter. A violation of this subsection is a
610noncriminal traffic infraction, punishable as a nonmoving
611violation as provided in chapter 318.
612     Section 11.  Subsection (3) of section 316.646, Florida
613Statutes, is amended to read:
614     316.646  Security required; proof of security and display
615thereof; dismissal of cases.-
616     (3)  Any person who violates this section commits a
617nonmoving traffic infraction subject to the penalty provided in
618chapter 318 and shall be required to furnish proof of security
619as provided in this section. If any person charged with a
620violation of this section fails to furnish proof, at or before
621the scheduled court appearance date, that security was in effect
622at the time of the violation, the court shall, upon conviction,
623notify the department to may immediately suspend the
624registration and driver's license of such person. If the court
625fails to order the suspension of the person's registration and
626driver's license for a conviction of this section at the time of
627sentencing, the department shall, upon receiving notice of the
628conviction from the court, suspend the person's registration and
629driver's license for the violation of this section. Such license
630and registration may be reinstated only as provided in s.
631324.0221.
632     Section 12.  Subsections (1), (2), (3), and (10) of section
633318.14, Florida Statutes, are amended to read:
634     318.14  Noncriminal traffic infractions; exception;
635procedures.-
636     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
637person cited for a violation of chapter 316, s. 320.0605, s.
638320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
639(3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
640charged with a noncriminal infraction and must be cited for such
641an infraction and cited to appear before an official. If another
642person dies as a result of the noncriminal infraction, the
643person cited may be required to perform 120 community service
644hours under s. 316.027(4), in addition to any other penalties.
645     (2)  Except as provided in s. 316.1001(2), any person cited
646for a violation requiring a mandatory hearing listed in s.
647318.19 or any other criminal traffic violation listed in chapter
648316 an infraction under this section must sign and accept a
649citation indicating a promise to appear. The officer may
650indicate on the traffic citation the time and location of the
651scheduled hearing and must indicate the applicable civil penalty
652established in s. 318.18. For all other infractions under this
653section, except for infractions under s. 316.1001, the officer
654must certify by electronic, electronic facsimile, or written
655signature that the citation was delivered to the person cited.
656This certification is prima facie evidence that the person cited
657was served with the citation.
658     (3)  Any person who willfully refuses to accept and sign a
659summons as provided in subsection (2) commits is guilty of a
660misdemeanor of the second degree.
661     (10)(a)  Any person who does not hold a commercial driver's
662license and who is cited for an offense listed under this
663subsection may, in lieu of payment of fine or court appearance,
664elect to enter a plea of nolo contendere and provide proof of
665compliance to the clerk of the court, designated official, or
666authorized operator of a traffic violations bureau. In such
667case, adjudication shall be withheld; however, no election shall
668be made under this subsection if such person has made an
669election under this subsection in the 12 months preceding
670election hereunder. No person may make more than three elections
671under this subsection. This subsection applies to the following
672offenses:
673     1.  Operating a motor vehicle without a valid driver's
674license in violation of the provisions of s. 322.03, s. 322.065,
675or s. 322.15(1), or operating a motor vehicle with a license
676that which has been suspended for failure to appear, failure to
677pay civil penalty, or failure to attend a driver improvement
678course pursuant to s. 322.291.
679     2.  Operating a motor vehicle without a valid registration
680in violation of s. 320.0605, s. 320.07, or s. 320.131.
681     3.  Operating a motor vehicle in violation of s. 316.646.
682     4.  Operating a motor vehicle with a license that has been
683suspended under s. 61.13016 or s. 322.245 for failure to pay
684child support or for failure to pay any other financial
685obligation as provided in s. 322.245; however, this subparagraph
686does not apply if the license has been suspended pursuant to s.
687322.245(1).
688     5.  Operating a motor vehicle with a license that has been
689suspended under s. 322.091 for failure to meet school attendance
690requirements.
691     (b)  Any person cited for an offense listed in this
692subsection shall present proof of compliance prior to the
693scheduled court appearance date. For the purposes of this
694subsection, proof of compliance shall consist of a valid,
695renewed, or reinstated driver's license or registration
696certificate and proper proof of maintenance of security as
697required by s. 316.646. Notwithstanding waiver of fine, any
698person establishing proof of compliance shall be assessed court
699costs of $25, except that a person charged with violation of s.
700316.646(1)-(3) may be assessed court costs of $8. One dollar of
701such costs shall be remitted to the Department of Revenue for
702deposit into the Child Welfare Training Trust Fund of the
703Department of Children and Family Services. One dollar of such
704costs shall be distributed to the Department of Juvenile Justice
705for deposit into the Juvenile Justice Training Trust Fund.
706Fourteen dollars of such costs shall be distributed to the
707municipality and $9 shall be deposited by the clerk of the court
708into the fine and forfeiture fund established pursuant to s.
709142.01, if the offense was committed within the municipality. If
710the offense was committed in an unincorporated area of a county
711or if the citation was for a violation of s. 316.646(1)-(3), the
712entire amount shall be deposited by the clerk of the court into
713the fine and forfeiture fund established pursuant to s. 142.01,
714except for the moneys to be deposited into the Child Welfare
715Training Trust Fund and the Juvenile Justice Training Trust
716Fund. This subsection shall not be construed to authorize the
717operation of a vehicle without a valid driver's license, without
718a valid vehicle tag and registration, or without the maintenance
719of required security.
720     Section 13.  Paragraph (c) of subsection (3) of section
721318.18, Florida Statutes, is amended to read:
722     318.18  Amount of penalties.-The penalties required for a
723noncriminal disposition pursuant to s. 318.14 or a criminal
724offense listed in s. 318.17 are as follows:
725     (3)(a)  Except as otherwise provided in this section, $60
726for all moving violations not requiring a mandatory appearance.
727     (b)  For moving violations involving unlawful speed, the
728fines are as follows:
729     For speed exceeding the limit by:     Fine:
730     1-5 m.p.h     Warning
731     6-9 m.p.h     $25
732     10-14 m.p.h     $100
733     15-19 m.p.h     $150
734     20-29 m.p.h     $175
735     30 m.p.h. and above     $250
736     (c)  Notwithstanding paragraph (b), a person cited for
737exceeding the speed limit by up to 5 m.p.h. in a legally posted
738school zone will be fined $50. A person exceeding the speed
739limit in a school zone or designated school crossing shall pay a
740fine double the amount listed in paragraph (b).
741     Section 14.  Effective July 1, 2010, paragraph (b) of
742subsection (2) of section 319.28, Florida Statutes, is amended
743to read:
744     319.28  Transfer of ownership by operation of law.-
745     (2)
746     (b)  In case of repossession of a motor vehicle or mobile
747home pursuant to the terms of a security agreement or similar
748instrument, an affidavit by the party to whom possession has
749passed stating that the vehicle or mobile home was repossessed
750upon default in the terms of the security agreement or other
751instrument shall be considered satisfactory proof of ownership
752and right of possession. At least 5 days prior to selling the
753repossessed vehicle, any subsequent lienholder named in the last
754issued certificate of title shall be sent notice of the
755repossession by certified mail, on a form prescribed by the
756department. If such notice is given and no written protest to
757the department is presented by a subsequent lienholder within 15
758days from the date on which the notice was mailed, the
759certificate of title or the certificate of repossession shall be
760issued showing no liens. If the former owner or any subsequent
761lienholder files a written protest under oath within such 15-day
762period, the department shall not issue the certificate of title
763or certificate of repossession for 10 days thereafter. If within
764the 10-day period no injunction or other order of a court of
765competent jurisdiction has been served on the department
766commanding it not to deliver the certificate of title or
767certificate of repossession, the department shall deliver the
768certificate of title or repossession to the applicant or as may
769otherwise be directed in the application showing no other liens
770than those shown in the application. Any lienholder who has
771repossessed a vehicle in this state in compliance with the
772provisions of this section must may apply to a the tax
773collector's office in this state or to the department for a
774certificate of repossession or to the department for a
775certificate of title pursuant to s. 319.323. Proof of the
776required notice to subsequent lienholders shall be submitted
777together with regular title fees. A lienholder to whom a
778certificate of repossession has been issued may assign the
779certificate of title to the subsequent owner. Any person found
780guilty of violating any requirements of this paragraph shall be
781guilty of a felony of the third degree, punishable as provided
782in s. 775.082, s. 775.083, or s. 775.084.
783     Section 15.  Paragraphs (g) through (u) of subsection (1)
784of section 319.30, Florida Statutes, are redesignated as
785paragraphs (h) through (v), respectively, a new paragraph (g) is
786added to that subsection, subsection (9) of that section is
787renumbered as subsection (10), and a new subsection (9) is added
788to that section, to read:
789     319.30  Definitions; dismantling, destruction, change of
790identity of motor vehicle or mobile home; salvage.-
791     (1)  As used in this section, the term:
792     (g)  "Independent entity" means a business or entity that
793may temporarily store damaged or dismantled motor vehicles
794pursuant to an agreement with an insurance company and is
795engaged in the sale or resale of damaged or dismantled motor
796vehicles. The term does not include a wrecker operator, towing
797company, or a repair facility.
798     (9)(a)  An insurance company may notify an independent
799entity that obtains possession of a damaged or dismantled motor
800vehicle to release the vehicle to the owner. The insurance
801company shall provide the independent entity a release statement
802on a form prescribed by the department authorizing the
803independent entity to release the vehicle to the owner. The form
804shall, at a minimum, contain the following:
805     1.  The policy and claim number.
806     2.  The name and address of the insured.
807     3.  The vehicle identification number.
808     4.  The signature of an authorized representative of the
809insurance company.
810     (b)  The independent entity in possession of a motor
811vehicle must send a notice to the owner that the vehicle is
812available for pick up when it receives a release statement from
813the insurance company. The notice shall be sent by certified
814mail to the owner at the owner's address reflected in the
815department's records. The notice must inform the owner that the
816owner has 30 days after receipt of the notice to pick up the
817vehicle from the independent entity. If the motor vehicle is not
818claimed within 30 days after the owner receives the notice, the
819independent entity may apply for a certificate of destruction or
820a certificate of title.
821     (c)  Upon applying for a certificate of destruction or
822certificate of title, the independent entity shall provide a
823copy of the release statement from the insurance company to the
824independent entity, proof of providing the 30-day notice to the
825owner, and applicable fees.
826     (d)  The independent entity may not charge an owner of the
827vehicle storage fees or apply for a title under s. 713.585 or s.
828713.78.
829     Section 16.  Paragraph (i) is added to subsection (15) of
830section 320.02, Florida Statutes, to read:
831     320.02  Registration required; application for
832registration; forms.-
833     (15)
834     (i)  Notwithstanding s. 320.023, the application forms for
835motor vehicle registration and renewal of registration must
836include language permitting a voluntary contribution of $1 per
837applicant, which shall be distributed to the League Against
838Cancer/La Liga Contra el Cancer. Such contributions shall be
839distributed by the department to the League Against Cancer/La
840Liga Contra el Cancer, a not-for-profit organization that
841provides free medical care to needy cancer patients. The
842department shall retain all contributions necessary, up to a
843maximum of $10,000, to defray the cost of including the
844voluntary contribution language on the registration forms.
845
846For the purpose of applying the service charge provided in s.
847215.20, contributions received under this subsection are not
848income of a revenue nature.
849     Section 17.  Effective July 1, 2010, subsection (10) of
850section 320.03, Florida Statutes, is amended to read:
851     320.03  Registration; duties of tax collectors;
852International Registration Plan.-
853     (10)(a)  Jurisdiction over the outsourced electronic filing
854system for use by authorized electronic filing system agents to
855electronically title or register motor vehicles, vessels, mobile
856homes, or off-highway vehicles; issue or transfer registration
857license plates or decals; electronically transfer fees due for
858the title and registration process; and perform inquiries for
859title, registration, and lienholder verification and
860certification of service providers licensed motor vehicle
861dealers electronically to title and to register motor vehicles
862and to issue or to transfer registration license plates or
863decals is expressly preempted to the state and the department
864shall have regulatory authority over the system. The department
865shall continue its current outsourcing of the existing
866electronic filing system, including its program standards. The
867electronic filing system shall be available for use statewide
868and applied uniformly throughout the state is approved for use
869in all counties, shall apply uniformly to all tax
870the state, and no tax collector may add or detract
871program standards in his or her respective county. An
872that, in the normal course of its business, sells products that
873must be titled or registered, provides title and registration
874services on behalf of its consumers and meets all established
875requirements may be an authorized electronic filing system agent
876and shall not be precluded from participating in the electronic
877filing system in any county. Upon request from a qualified
878entity, the tax collector shall appoint the entity as an
879authorized electronic filing system agent for that county. The
880department shall adopt rules in accordance with chapter 120 to
881replace the December 10, 2009, program standards and to
882administer the provisions of this section, including, but not
883limited to, establishing participation requirements,
884certification of service providers, electronic filing system
885requirements, and enforcement authority for noncompliance. The
886December 10, 2009, program standards, excluding any standards
887which conflict with this paragraph, shall remain in effect until
888the rules are adopted. An authorized electronic filing agent A
889motor vehicle dealer licensed under this chapter may charge a
890fee to the customer for use of the electronic filing system, and
891such fee is not a component of the program standards. Final
892authority over disputes relating to program standards lies with
893the department. By January 1, 2010, the Office of Program Policy
894Analysis and Government Accountability, with input from the
895department and from affected parties, including tax collectors,
896service providers, and motor vehicle dealers, shall report to
897the President of the Senate and the Speaker of the House of
898Representatives on the status of the outsourced electronic
899filing system, including the program standards, and its
900compliance with this subsection. The report shall identify all
901public and private alternatives for continued operation of the
902electronic filing system and shall include any and all
903appropriate recommendations, including revisions to the program
904standards.
905     (b)  Notwithstanding paragraph (a), the private entity
906providers of the electronic filing system shall continue to
907comply with the financial arrangements with the Tax Collector
908Service Corporation which were in effect as of January 1, 2010,
909through December 31, 2010. This paragraph expires January 1,
9102011.
911     Section 18.  Effective January 1, 2011, subsection (3) of
912section 320.05, Florida Statutes, is amended to read:
913     320.05  Records of the department; inspection procedure;
914lists and searches; fees.-
915     (3)(a)  The department is authorized, upon application of
916any person and payment of the proper fees, to prepare and
917furnish lists containing motor vehicle or vessel information in
918such form as the department may authorize, to search the records
919of the department and make reports thereof, and to make
920photographic copies of the department records and attestations
921thereof.
922     (b)  Fees therefor shall be charged and collected as
923follows:
924     1.  For providing lists of motor vehicle or vessel records
925for the entire state, or any part or parts thereof, divided
926according to counties, a sum computed at a rate of not less than
9271 cent nor more than 5 cents per item.
928     2.  For providing noncertified photographic copies of motor
929vehicle or vessel documents, $1 per page.
930     3.  For providing noncertified photographic copies of
931micrographic records, $1 per page.
932     4.  For providing certified copies of motor vehicle or
933vessel records, $3 per record.
934     5.  For providing noncertified computer-generated printouts
935of motor vehicle or vessel records, 50 cents per record.
936     6.  For providing certified computer-generated printouts of
937motor vehicle or vessel records, $3 per record.
938     7.  For providing electronic access to motor vehicle,
939vessel, and mobile home registration data requested by tag,
940vehicle identification number, title number, or decal number, 50
941cents per item.
942     8.  For providing electronic access to driver's license
943status report by name, sex, and date of birth or by driver
944license number, 50 cents per item.
945     9.  For providing lists of licensed mobile home dealers and
946manufacturers and recreational vehicle dealers and
947manufacturers, $15 per list.
948     10.  For providing lists of licensed motor vehicle dealers,
949$25 per list.
950     11.  For each copy of a videotape record, $15 per tape.
951     12.  For each copy of the Division of Motor Vehicles
952Procedures Manual, $25.
953     (c)  Fees collected pursuant to paragraph (b) shall be
954deposited into the Highway Safety Operating Trust Fund.
955     (d)  The department shall furnish such information without
956charge to any court or governmental entity.
957     (e)  When motor vehicle, vessel, or mobile home
958registration data is provided by electronic access through a tax
959collector's office, the applicable fee as provided in paragraph
960(b) must be collected and deposited pursuant to paragraph (c).
961However, when such registration data is obtained through an
962electronic system described in s. 320.03(10), s. 320.0609, or s.
963320.131 and results in the issuance of a title certificate or
964the registration credential, such fee shall not apply a fee for
965the electronic access is not required to be assessed. However,
966at the tax collector's discretion, a fee equal to or less than
967the fee charged by the department for such information may be
968assessed by the tax collector for the electronic access.
969Notwithstanding paragraph (c), any funds collected by the tax
970collector as a result of providing such access shall be retained
971by the tax collector.
972     Section 19.  Paragraph (b) of subsection (1) of section
973320.071, Florida Statutes, is amended to read:
974     320.071  Advance registration renewal; procedures.-
975     (1)
976     (b)  The owner of any apportioned motor vehicle currently
977registered in this state may file an application for renewal of
978registration with the department any time during the 3 5 months
979preceding the date of expiration of the registration period.
980     Section 20.  Section 320.08, Florida Statutes, is amended
981to read:
982     320.08  License taxes.-Except as otherwise provided herein,
983there are hereby levied and imposed annual license taxes for the
984operation of motor vehicles, mopeds, motorized bicycles as
985defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
986and mobile homes, as defined in s. 320.01, which shall be paid
987to and collected by the department or its agent upon the
988registration or renewal of registration of the following:
989     (1)  MOTORCYCLES AND MOPEDS.-
990     (a)  Any motorcycle: $13.50 flat, of which $3.50 shall be
991deposited into the General Revenue Fund.
992     (b)  Any moped: $6.75 flat, of which $1.75 shall be
993deposited into the General Revenue Fund.
994     (c)  Upon registration of any motorcycle, motor-driven
995cycle, or moped there shall be paid in addition to the license
996taxes specified in this subsection a nonrefundable motorcycle
997safety education fee in the amount of $2.50. The proceeds of
998such additional fee shall be deposited in the Highway Safety
999Operating Trust Fund to fund a motorcycle driver improvement
1000program implemented pursuant to s. 322.025, the Florida
1001Motorcycle Safety Education Program established in s. 322.0255,
1002or the general operations of the department.
1003     (d)  An ancient or antique motorcycle: $8.50 $13.50 flat,
1004of which $3.50 shall be deposited into the General Revenue Fund.
1005     (2)  AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.-
1006     (a)  An ancient or antique automobile, as defined in s.
1007320.086, or a street rod, as defined in s. 320.0863: $10.25
1008flat, of which $2.75 shall be deposited into the General Revenue
1009Fund.
1010     (b)  Net weight of less than 2,500 pounds: $19.50 flat, of
1011which $5 shall be deposited into the General Revenue Fund.
1012     (c)  Net weight of 2,500 pounds or more, but less than
10133,500 pounds: $30.50 flat, of which $8 shall be deposited into
1014the General Revenue Fund.
1015     (d)  Net weight of 3,500 pounds or more: $44 flat, of which
1016$11.50 shall be deposited into the General Revenue Fund.
1017     (3)  TRUCKS.-
1018     (a)  Net weight of less than 2,000 pounds: $19.50 flat, of
1019which $5 shall be deposited into the General Revenue Fund.
1020     (b)  Net weight of 2,000 pounds or more, but not more than
10213,000 pounds: $30.50 flat, of which $8 shall be deposited into
1022the General Revenue Fund.
1023     (c)  Net weight more than 3,000 pounds, but not more than
10245,000 pounds: $44 flat, of which $11.50 shall be deposited into
1025the General Revenue Fund.
1026     (d)  A truck defined as a "goat," or any other vehicle if
1027used in the field by a farmer or in the woods for the purpose of
1028harvesting a crop, including naval stores, during such
1029harvesting operations, and which is not principally operated
1030upon the roads of the state: $10.25 flat, of which $2.75 shall
1031be deposited into the General Revenue Fund. A "goat" is a motor
1032vehicle designed, constructed, and used principally for the
1033transportation of citrus fruit within citrus groves or for the
1034transportation of crops on farms, and which can also be used for
1035the hauling of associated equipment or supplies, including
1036required sanitary equipment, and the towing of farm trailers.
1037     (e)  An ancient or antique truck, as defined in s. 320.086:
1038$10.25 flat, of which $2.75 shall be deposited into the General
1039Revenue Fund.
1040     (4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1041VEHICLE WEIGHT.-
1042     (a)  Gross vehicle weight of 5,001 pounds or more, but less
1043than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1044deposited into the General Revenue Fund.
1045     (b)  Gross vehicle weight of 6,000 pounds or more, but less
1046than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1047deposited into the General Revenue Fund.
1048     (c)  Gross vehicle weight of 8,000 pounds or more, but less
1049than 10,000 pounds: $103 flat, of which $27 shall be deposited
1050into the General Revenue Fund.
1051     (d)  Gross vehicle weight of 10,000 pounds or more, but
1052less than 15,000 pounds: $118 flat, of which $31 shall be
1053deposited into the General Revenue Fund.
1054     (e)  Gross vehicle weight of 15,000 pounds or more, but
1055less than 20,000 pounds: $177 flat, of which $46 shall be
1056deposited into the General Revenue Fund.
1057     (f)  Gross vehicle weight of 20,000 pounds or more, but
1058less than 26,001 pounds: $251 flat, of which $65 shall be
1059deposited into the General Revenue Fund.
1060     (g)  Gross vehicle weight of 26,001 pounds or more, but
1061less than 35,000: $324 flat, of which $84 shall be deposited
1062into the General Revenue Fund.
1063     (h)  Gross vehicle weight of 35,000 pounds or more, but
1064less than 44,000 pounds: $405 flat, of which $105 shall be
1065deposited into the General Revenue Fund.
1066     (i)  Gross vehicle weight of 44,000 pounds or more, but
1067less than 55,000 pounds: $773 flat, of which $201 shall be
1068deposited into the General Revenue Fund.
1069     (j)  Gross vehicle weight of 55,000 pounds or more, but
1070less than 62,000 pounds: $916 flat, of which $238 shall be
1071deposited into the General Revenue Fund.
1072     (k)  Gross vehicle weight of 62,000 pounds or more, but
1073less than 72,000 pounds: $1,080 flat, of which $280 shall be
1074deposited into the General Revenue Fund.
1075     (l)  Gross vehicle weight of 72,000 pounds or more: $1,322
1076flat, of which $343 shall be deposited into the General Revenue
1077Fund.
1078     (m)  Notwithstanding the declared gross vehicle weight, a
1079truck tractor used within a 150-mile radius of its home address
1080is eligible for a license plate for a fee of $324 flat if:
1081     1.  The truck tractor is used exclusively for hauling
1082forestry products; or
1083     2.  The truck tractor is used primarily for the hauling of
1084forestry products, and is also used for the hauling of
1085associated forestry harvesting equipment used by the owner of
1086the truck tractor.
1087
1088Of the fee imposed by this paragraph, $84 shall be deposited
1089into the General Revenue Fund.
1090     (n)  A truck tractor or heavy truck, not operated as a for-
1091hire vehicle, which is engaged exclusively in transporting raw,
1092unprocessed, and nonmanufactured agricultural or horticultural
1093products within a 150-mile radius of its home address, is
1094eligible for a restricted license plate for a fee of:
1095     1.  If such vehicle's declared gross vehicle weight is less
1096than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1097deposited into the General Revenue Fund.
1098     2.  If such vehicle's declared gross vehicle weight is
109944,000 pounds or more and such vehicle only transports from the
1100point of production to the point of primary manufacture; to the
1101point of assembling the same; or to a shipping point of a rail,
1102water, or motor transportation company, $324 flat, of which $84
1103shall be deposited into the General Revenue Fund.
1104
1105Such not-for-hire truck tractors and heavy trucks used
1106exclusively in transporting raw, unprocessed, and
1107nonmanufactured agricultural or horticultural products may be
1108incidentally used to haul farm implements and fertilizers
1109delivered direct to the growers. The department may require any
1110documentation deemed necessary to determine eligibility prior to
1111issuance of this license plate. For the purpose of this
1112paragraph, "not-for-hire" means the owner of the motor vehicle
1113must also be the owner of the raw, unprocessed, and
1114nonmanufactured agricultural or horticultural product, or the
1115user of the farm implements and fertilizer being delivered.
1116     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1117SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1118     (a)1.  A semitrailer drawn by a GVW truck tractor by means
1119of a fifth-wheel arrangement: $13.50 flat per registration year
1120or any part thereof, of which $3.50 shall be deposited into the
1121General Revenue Fund.
1122     2.  A semitrailer drawn by a GVW truck tractor by means of
1123a fifth-wheel arrangement: $68 flat per permanent registration,
1124of which $18 shall be deposited into the General Revenue Fund.
1125     (b)  A motor vehicle equipped with machinery and designed
1126for the exclusive purpose of well drilling, excavation,
1127construction, spraying, or similar activity, and which is not
1128designed or used to transport loads other than the machinery
1129described above over public roads: $44 flat, of which $11.50
1130shall be deposited into the General Revenue Fund.
1131     (c)  A school bus used exclusively to transport pupils to
1132and from school or school or church activities or functions
1133within their own county: $41 flat, of which $11 shall be
1134deposited into the General Revenue Fund.
1135     (d)  A wrecker, as defined in s. 320.01(40), which is used
1136to tow a vessel as defined in s. 327.02(39), a disabled,
1137abandoned, stolen-recovered, or impounded motor vehicle as
1138defined in s. 320.01(38), or a replacement motor vehicle as
1139defined in s. 320.01(39): $41 flat, of which $11 shall be
1140deposited into the General Revenue Fund.
1141     (e)  A wrecker that is used to tow any motor vehicle,
1142regardless of whether such motor vehicle is a disabled motor
1143vehicle, a replacement motor vehicle, a vessel, or any other
1144cargo, as follows:
1145     1.  Gross vehicle weight of 10,000 pounds or more, but less
1146than 15,000 pounds: $118 flat, of which $31 shall be deposited
1147into the General Revenue Fund.
1148     2.  Gross vehicle weight of 15,000 pounds or more, but less
1149than 20,000 pounds: $177 flat, of which $46 shall be deposited
1150into the General Revenue Fund.
1151     3.  Gross vehicle weight of 20,000 pounds or more, but less
1152than 26,000 pounds: $251 flat, of which $65 shall be deposited
1153into the General Revenue Fund.
1154     4.  Gross vehicle weight of 26,000 pounds or more, but less
1155than 35,000 pounds: $324 flat, of which $84 shall be deposited
1156into the General Revenue Fund.
1157     5.  Gross vehicle weight of 35,000 pounds or more, but less
1158than 44,000 pounds: $405 flat, of which $105 shall be deposited
1159into the General Revenue Fund.
1160     6.  Gross vehicle weight of 44,000 pounds or more, but less
1161than 55,000 pounds: $772 flat, of which $200 shall be deposited
1162into the General Revenue Fund.
1163     7.  Gross vehicle weight of 55,000 pounds or more, but less
1164than 62,000 pounds: $915 flat, of which $237 shall be deposited
1165into the General Revenue Fund.
1166     8.  Gross vehicle weight of 62,000 pounds or more, but less
1167than 72,000 pounds: $1,080 flat, of which $280 shall be
1168deposited into the General Revenue Fund.
1169     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1170flat, of which $343 shall be deposited into the General Revenue
1171Fund.
1172     (f)  A hearse or ambulance: $40.50 flat, of which $10.50
1173shall be deposited into the General Revenue Fund.
1174     (6)  MOTOR VEHICLES FOR HIRE.-
1175     (a)  Under nine passengers: $17 flat, of which $4.50 shall
1176be deposited into the General Revenue Fund; plus $1.50 per cwt,
1177of which 50 cents shall be deposited into the General Revenue
1178Fund.
1179     (b)  Nine passengers and over: $17 flat, of which $4.50
1180shall be deposited into the General Revenue Fund; plus $2 per
1181cwt, of which 50 cents shall be deposited into the General
1182Revenue Fund.
1183     (7)  TRAILERS FOR PRIVATE USE.-
1184     (a)  Any trailer weighing 500 pounds or less: $6.75 flat
1185per year or any part thereof, of which $1.75 shall be deposited
1186into the General Revenue Fund.
1187     (b)  Net weight over 500 pounds: $3.50 flat, of which $1
1188shall be deposited into the General Revenue Fund; plus $1 per
1189cwt, of which 25 cents shall be deposited into the General
1190Revenue Fund.
1191     (8)  TRAILERS FOR HIRE.-
1192     (a)  Net weight under 2,000 pounds: $3.50 flat, of which $1
1193shall be deposited into the General Revenue Fund; plus $1.50 per
1194cwt, of which 50 cents shall be deposited into the General
1195Revenue Fund.
1196     (b)  Net weight 2,000 pounds or more: $13.50 flat, of which
1197$3.50 shall be deposited into the General Revenue Fund; plus
1198$1.50 per cwt, of which 50 cents shall be deposited into the
1199General Revenue Fund.
1200     (9)  RECREATIONAL VEHICLE-TYPE UNITS.-
1201     (a)  A travel trailer or fifth-wheel trailer, as defined by
1202s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1203flat, of which $7 shall be deposited into the General Revenue
1204Fund.
1205     (b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
1206$13.50 flat, of which $3.50 shall be deposited into the General
1207Revenue Fund.
1208     (c)  A motor home, as defined by s. 320.01(1)(b)4.:
1209     1.  Net weight of less than 4,500 pounds: $27 flat, of
1210which $7 shall be deposited into the General Revenue Fund.
1211     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1212which $12.25 shall be deposited into the General Revenue Fund.
1213     (d)  A truck camper as defined by s. 320.01(1)(b)3.:
1214     1.  Net weight of less than 4,500 pounds: $27 flat, of
1215which $7 shall be deposited into the General Revenue Fund.
1216     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1217which $12.25 shall be deposited into the General Revenue Fund.
1218     (e)  A private motor coach as defined by s. 320.01(1)(b)5.:
1219     1.  Net weight of less than 4,500 pounds: $27 flat, of
1220which $7 shall be deposited into the General Revenue Fund.
1221     2.  Net weight of 4,500 pounds or more: $47.25 flat, of
1222which $12.25 shall be deposited into the General Revenue Fund.
1223     (10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
122435 FEET TO 40 FEET.-
1225     (a)  Park trailers.-Any park trailer, as defined in s.
1226320.01(1)(b)7.: $25 flat.
1227     (b)  A travel trailer or fifth-wheel trailer, as defined in
1228s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1229     (11)  MOBILE HOMES.-
1230     (a)  A mobile home not exceeding 35 feet in length: $20
1231flat.
1232     (b)  A mobile home over 35 feet in length, but not
1233exceeding 40 feet: $25 flat.
1234     (c)  A mobile home over 40 feet in length, but not
1235exceeding 45 feet: $30 flat.
1236     (d)  A mobile home over 45 feet in length, but not
1237exceeding 50 feet: $35 flat.
1238     (e)  A mobile home over 50 feet in length, but not
1239exceeding 55 feet: $40 flat.
1240     (f)  A mobile home over 55 feet in length, but not
1241exceeding 60 feet: $45 flat.
1242     (g)  A mobile home over 60 feet in length, but not
1243exceeding 65 feet: $50 flat.
1244     (h)  A mobile home over 65 feet in length: $80 flat.
1245     (12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
1246motor vehicle dealer, independent motor vehicle dealer, marine
1247boat trailer dealer, or mobile home dealer and manufacturer
1248license plate: $17 flat, of which $4.50 shall be deposited into
1249the General Revenue Fund.
1250     (13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
1251official license plate: $4 flat, of which $1 shall be deposited
1252into the General Revenue Fund.
1253     (14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
1254vehicle for hire operated wholly within a city or within 25
1255miles thereof: $17 flat, of which $4.50 shall be deposited into
1256the General Revenue Fund; plus $2 per cwt, of which 50 cents
1257shall be deposited into the General Revenue Fund.
1258     (15)  TRANSPORTER.-Any transporter license plate issued to
1259a transporter pursuant to s. 320.133: $101.25 flat, of which
1260$26.25 shall be deposited into the General Revenue Fund.
1261     Section 21.  Section 45 of chapter 2008-176, Laws of
1262Florida, is amended to read:
1263     Section 45.  Except for a specialty license plate proposal
1264which has submitted a letter of intent to the Department of
1265Highway Safety and Motor Vehicles prior to May 2, 2008, and
1266which has submitted a valid survey, marketing strategy, and
1267application fee as required by s. 320.08053, Florida Statutes,
1268prior to October 1, 2008 the effective date of this act, or
1269which was included in a bill filed during the 2008 Legislative
1270Session, the Department of Highway Safety and Motor Vehicles may
1271not issue any new specialty license plates pursuant to ss.
1272320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1273and July 1, 2014 2011.
1274     Section 22.  Section 320.08053, Florida Statutes, is
1275amended to read:
1276     320.08053  Requirements for requests to establish specialty
1277license plates.-
1278     (1)  An organization that seeks authorization to establish
1279a new specialty license plate for which an annual use fee is to
1280be charged must submit to the department:
1281     (a)  A request for the particular specialty license plate
1282being sought, describing the proposed specialty license plate in
1283specific terms, including a sample plate that conforms to the
1284specifications set by the department and this chapter, and that
1285is in substantially final form.
1286     (b)  The results of a scientific sample survey of Florida
1287motor vehicle owners that indicates at least 30,000 motor
1288vehicle owners intend to purchase the proposed specialty license
1289plate at the increased cost. As used in this paragraph, the term
1290"scientific sample survey" means information that is gathered
1291from a representative subset of the population as a whole. The
1292sample survey of registered motor vehicle owners must be
1293performed independently of the requesting organization by an
1294organization that conducts similar sample surveys as a normal
1295course of business. Prior to conducting a sample survey for the
1296purposes of this section, a requesting organization must obtain
1297a determination from the department that the organization
1298selected to conduct the survey performs similar surveys as a
1299normal course of business and is independent of the requesting
1300organization. The methodology, results, and any evaluation by
1301the department of the scientific sample survey shall be
1302validated by the Auditor General as a condition precedent to
1303submission of the specialty license plate for approval by the
1304Legislature.
1305     (b)(c)  An application fee, not to exceed $60,000, to
1306defray the department's cost for reviewing the application and
1307developing the specialty license plate, if authorized. State
1308funds may not be used to pay the application fee, except for
1309collegiate specialty license plates authorized in s.
1310320.08058(3) and (13). The specialty license plate application
1311provisions of this act shall not apply to any organization which
1312has requested and received the required forms for obtaining a
1313specialty license plate authorization from the Department of
1314Highway Safety and Motor Vehicles, has opened a bank account for
1315the funds collected for the specialty license tag and has made
1316deposits to such an account, and has obtained signatures toward
1317completing the requirements for the specialty license tag. All
1318applications requested on or after the effective date of this
1319act must meet the requirements of this act.
1320     (c)(d)  A marketing strategy outlining short-term and long-
1321term marketing plans for the requested specialty license plate
1322and a financial analysis outlining the anticipated revenues and
1323the planned expenditures of the revenues to be derived from the
1324sale of the requested specialty license plates.
1325
1326The information required under this subsection must be submitted
1327to the department at least 90 days before the convening of the
1328next regular session of the Legislature.
1329     (2)  If the specialty license plate requested by the
1330organization is approved by law, the organization must submit
1331the proposed art design for the specialty license plate to the
1332department, in a medium prescribed by the department, as soon as
1333practicable, but no later than 60 days after the act approving
1334the specialty license plate becomes a law. If the specialty
1335license plate requested by the organization is not approved by
1336the Legislature or does not meet the presale requirements in
1337subsection (3), the application fee shall be refunded to the
1338requesting organization.
1339     (3)(a)  Within 120 days following the specialty license
1340plate becoming law, the department shall establish a method to
1341issue a specialty license plate voucher to allow for the presale
1342of the specialty license plate. The processing fee as prescribed
1343in s. 320.08056, the service charge and branch fee as prescribed
1344in s. 320.04, and the annual use fee as prescribed in s.
1345320.08056 shall be charged for the voucher. All other applicable
1346fees shall be charged at the time of issuance of the license
1347plates.
1348     (b)  Within 24 months after the presale specialty license
1349plate voucher is established, the approved specialty license
1350plate organization must record with the department a minimum of
13511,000 voucher sales before manufacture of the license plate may
1352commence. If, at the conclusion of the 24-month presale period,
1353the minimum sales requirements have not been met, the specialty
1354plate is deauthorized and the department shall discontinue
1355development of the plate and discontinue issuance of the presale
1356vouchers. Upon deauthorization of the license plate, a purchaser
1357of the license plate voucher may use the annual use fee
1358collected as a credit towards any other specialty license plate
1359or apply for a refund on a form prescribed by the department.
1360     (c)  An organization that meets the requirements of this
1361subsection shall be deemed to have submitted a valid survey for
1362purposes of s. 45 of chapter 2008-176, Laws of Florida, as
1363amended.
1364     Section 23.  The amendments to s. 320.08053, Florida
1365Statutes, made by this act do not apply to organizations that
1366are exempt from the moratorium contained in section 45 of
1367chapter 2008-176, Laws of Florida, and that have complied with
1368the provisions of s. 320.08053, Florida Statutes (2009).
1369     Section 24.  Subsection (1) and paragraph (b) of subsection
1370(8) of section 320.08056, Florida Statutes, are amended, and
1371paragraphs (rrr), (sss), and (ttt) are added to subsection (4)
1372of that section, to read:
1373     320.08056  Specialty license plates.-
1374     (1)  The department is responsible for developing the
1375specialty license plates authorized in s. 320.08053. The
1376department shall begin production and distribution of each new
1377specialty license plate within 1 year after approval of the
1378specialty license plate by the Legislature.
1379     (4)  The following license plate annual use fees shall be
1380collected for the appropriate specialty license plates:
1381     (rrr)  Hispanic Achievers license plate, $25.
1382     (sss)  Children First license plate, $25.
1383     (ttt)  Veterans of Foreign Wars license plate, $25.
1384     (8)
1385     (b)  The department is authorized to discontinue the
1386issuance of a specialty license plate and distribution of
1387associated annual use fee proceeds if the organization no longer
1388exists, if the organization has stopped providing services that
1389are authorized to be funded from the annual use fee proceeds, if
1390the organization does not meet the presale requirements as
1391prescribed in s. 320.08053(3), or pursuant to an organizational
1392recipient's request. Organizations shall are required to notify
1393the department immediately to stop all warrants for plate sales
1394if any of the conditions in this section exist, and must meet
1395the requirements of s. 320.08062 for any period of operation
1396during a fiscal year.
1397     Section 25.  Subsections (70), (71), and (72) are added to
1398section 320.08058, Florida Statutes, to read:
1399     320.08058  Specialty license plates.-
1400     (70)  HISPANIC ACHIEVERS LICENSE PLATES.-
1401     (a)  Notwithstanding the requirements of s. 320.08053, the
1402department shall develop a Hispanic Achievers license plate as
1403provided in this section. The plate must bear the colors and
1404design approved by the department. The word "Florida" must
1405appear at the top of the plate, and the words "Hispanic
1406Achievers" must appear at the bottom of the plate.
1407     (b)  The proceeds from the license plate annual use fee
1408shall be distributed to National Hispanic Corporate Achievers,
1409Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1410Revenue Code, to fund grants to nonprofit organizations to
1411operate programs and provide scholarships and for marketing the
1412Hispanic Achievers license plate. National Hispanic Corporate
1413Achievers, Inc., shall establish a Hispanic Achievers Grant
1414Council that shall provide recommendations for statewide grants
1415from available Hispanic Achievers license plate proceeds to
1416nonprofit organizations for programs and scholarships for
1417Hispanic and minority Floridians. National Hispanic Corporate
1418Achievers, Inc., shall also establish a Hispanic Achievers
1419License Plate Fund. Moneys in the fund shall be used by the
1420grant council as provided in this paragraph. All funds received
1421under this subsection must be used in this state.
1422     (c)  National Hispanic Corporate Achievers, Inc., may
1423retain all proceeds from the annual use fee until documented
1424startup costs for developing and establishing the plate have
1425been recovered. Thereafter, the proceeds from the annual use fee
1426shall be used as follows:
1427     1.  Up to 10 percent of the proceeds may be used for the
1428cost of administration of the Hispanic Achievers License Plate
1429Fund, the Hispanic Achievers Grant Council, and related matters.
1430     2.  Funds may be used as necessary for annual audit or
1431compliance affidavit costs.
1432     3.  Twenty-five percent of the proceeds shall be used by
1433the Hispanic Corporate Achievers, Inc., located in Seminole
1434County, for grants.
1435     4.  The remaining proceeds shall be available to the
1436Hispanic Achievers Grant Council to award grants for services,
1437programs, or scholarships for Hispanic and minority individuals
1438and organizations throughout Florida. All grant recipients must
1439provide to the Hispanic Achievers Grant Council an annual
1440program and financial report regarding the use of grant funds.
1441Such reports must be available to the public.
1442     (71)  CHILDREN FIRST LICENSE PLATES.-
1443     (a)  Upon Children First Florida, Inc., meeting the
1444requirements of s. 320.08053, the department shall develop a
1445Children First license plate as provided in this section. The
1446plate must bear the colors and design approved by the
1447department. The word "Florida" must appear at the top of the
1448plate, and the words "Children First" must appear at the bottom
1449of the plate.
1450     (b)  The proceeds from the license plate annual use fee
1451shall be distributed to Children First Florida, Inc., which
1452shall retain all proceeds until the startup costs to develop and
1453establish the plates have been recovered. Thereafter, the
1454proceeds shall be used as follows:
1455     1.  A maximum of 10 percent of the proceeds may be used to
1456administer the license plate program, for direct administrative
1457costs associated with the operations of Children First Florida,
1458Inc., and to promote and market the license plates.
1459     2.  The remaining fees shall be used by Children First
1460Florida, Inc., to fund public schools in this state, including
1461teacher salaries.
1462     (72)  VETERANS OF FOREIGN WARS LICENSE PLATES.-
1463     (a)  Upon Veterans of Foreign Wars, Department of Florida,
1464meeting the requirements of s. 320.08053, the department shall
1465develop a Veterans of Foreign Wars license plate as provided in
1466this section. The plates must bear the colors and design
1467approved by the department and must incorporate the Great Seal
1468of the Veterans of Foreign Wars of the United States as
1469described in Art. VIII, s. 801 of the Congressional Charter and
1470By-Laws of the Veterans of Foreign Wars of the United States.
1471The word "Florida" must appear at the top of the plate, and the
1472words "Veterans of Foreign Wars" must appear at the bottom of
1473the plate.
1474     (b)  The Veterans of Foreign Wars, Department of Florida
1475shall retain all revenues from the sale of such plates until all
1476startup costs for developing and issuing the plates have been
1477recovered. Thereafter, 60 percent of the annual revenues shall
1478be distributed to the Veterans of Foreign Wars, Department of
1479Florida to support the Voice of Democracy and Patriots' Pen
1480Scholarship programs, to support high school and college ROTC
1481programs, and for administration and marketing the plate; 20
1482percent of the annual revenues shall be distributed to the
1483direct-support organization created under s. 292.055 under the
1484Florida Department of Veterans' Affairs; and 20 percent of the
1485annual revenues shall be distributed to the direct-support
1486organization created under s. 250.115 under the Department of
1487Military Affairs. From the funds distributed to the Veterans of
1488Foreign Wars, Department of Florida, an amount not to exceed 10
1489percent of the annual revenues received from the sale of the
1490plate may be used for administration and marketing the plate.
1491     Section 26.  The Department of Highway Safety and Motor
1492Vehicles may not establish any new voluntary contributions on
1493the motor vehicle registration application form under s.
1494320.023, Florida Statutes, or the driver's license application
1495form under s. 322.081, Florida Statutes, between July 1, 2010,
1496and July 1, 2013. However, the department may establish a
1497voluntary contribution for an organization that has:
1498     (1)(a)  Submitted a request to establish a voluntary
1499contribution on a motor vehicle registration application under
1500s. 320.023, Florida Statutes, or a driver's license application
1501under s. 322.081, Florida Statutes, to the department before May
15021, 2010; and
1503     (b)  Submitted a valid financial analysis, marketing
1504strategy, and application fee before September 1, 2010; or
1505     (2)  Filed a bill during the 2010 Legislative Session to
1506establish a voluntary contribution and have met the requirements
1507of s. 320.023 or s. 322.081, Florida Statutes.
1508     Section 27.  Subsections (1) and (2) of section 320.0807,
1509Florida Statutes, are amended to read:
1510     320.0807  Special license plates for Governor and federal
1511and state legislators.-
1512     (1)  Upon application by any member of the House of
1513Representatives of Congress and payment of the fees prescribed
1514by s. 320.0805, the department is authorized to issue to such
1515Member of Congress a license plate stamped "Member of Congress"
1516followed by the number of the appropriate congressional district
1517and the letters "MC," or any other configuration chosen by the
1518member which is not already in use. Upon application by a United
1519States Senator and payment of the fees prescribed by s.
1520320.0805, the department is authorized to issue a license plate
1521stamped "USS," followed by the numeral II in the case of the
1522junior senator.
1523     (2)  Upon application by any member of the state House of
1524Representatives and payment of the fees prescribed by s.
1525320.0805, the department is authorized to issue such state
1526representative license plates stamped in bold letters "State
1527Legislator," followed by the number of the appropriate House of
1528Representatives district and the letters "HR," or any other
1529configuration chosen by the member which is not already in use
1530on one plate; the numbers of the other plates will be assigned
1531by the department. Upon application by a state senator and
1532payment of the fees prescribed by s. 320.0805, the department is
1533authorized to issue license plates stamped in bold letters
1534"State Senator," followed by the number of the appropriate
1535Senate district and the letters "SN," or any other configuration
1536chosen by the member which is not already in use on one plate;
1537the numbers of the other plates will be assigned by the
1538department.
1539     Section 28.  Subsection (4) of section 320.084, Florida
1540Statutes, is amended to read:
1541     320.084  Free motor vehicle license plate to certain
1542disabled veterans.-
1543     (4)(a)  With the issuance of each new permanent "DV"
1544numerical motor vehicle license plate, the department shall
1545initially issue, without cost to the applicant, a validation
1546sticker reflecting the owner's birth month and a serially
1547numbered validation sticker reflecting the year of expiration.
1548The initial sticker reflecting the year of expiration may not
1549exceed 27 15 months.
1550     (b)  There shall be a service charge in accordance with the
1551provisions of s. 320.04 for each initial application or renewal
1552of registration and an additional sum of 50 cents on each
1553license plate and validation sticker as provided in s.
1554320.06(3)(b).
1555     (c)  Registration under this section shall be renewed
1556annually or biennially during the applicable renewal period on
1557forms prescribed by the department, which shall include, in
1558addition to any other information required by the department, a
1559certified statement as to the continued eligibility of the
1560applicant to receive the special "DV" license plate. Any
1561applicant who falsely or fraudulently submits to the department
1562the certified statement required by this paragraph is guilty of
1563a noncriminal violation and is subject to a civil penalty of
1564$50.
1565     Section 29.  Section 321.03, Florida Statutes, is amended
1566to read:
1567     321.03  Imitations prohibited; penalty.-Unless specifically
1568authorized by the Florida Highway Patrol, a it shall be unlawful
1569for any person or persons in the state shall not to
1570cause to be colored any motor vehicle or motorcycle the same or
1571similar color as the color or colors so prescribed for the
1572Florida Highway Patrol. A Any person who violates violating any
1573of the provisions of this section or s. 321.02 with respect to
1574uniforms, emblems, motor vehicles and motorcycles commits shall
1575be guilty of a misdemeanor of the first degree, punishable as
1576provided in s. 775.082 or s. 775.083. The Department of Highway
1577Safety and Motor Vehicles shall employ such clerical help and
1578mechanics as may be necessary for the economical and efficient
1579operation of such department.
1580     Section 30.  Section 321.05, Florida Statutes, is amended
1581to read:
1582     321.05  Duties, functions, and powers of patrol officers.-
1583The members of the Florida Highway Patrol are hereby declared to
1584be conservators of the peace and law enforcement officers of the
1585state, with the common-law right to arrest a person who, in the
1586presence of the arresting officer, commits a felony or commits
1587an affray or breach of the peace constituting a misdemeanor,
1588with full power to bear arms; and they shall apprehend, without
1589warrant, any person in the unlawful commission of any of the
1590acts over which the members of the Florida Highway Patrol are
1591given jurisdiction as hereinafter set out and deliver him or her
1592to the sheriff of the county that further proceedings may be had
1593against him or her according to law. In the performance of any
1594of the powers, duties, and functions authorized by law, members
1595of the Florida Highway Patrol shall have the same protections
1596and immunities afforded other peace officers, which shall be
1597recognized by all courts having jurisdiction over offenses
1598against the laws of this state, and shall have authority to
1599apply for, serve, and execute search warrants, arrest warrants,
1600capias, and other process of the court in those matters in which
1601patrol officers have primary responsibility as set forth in
1602subsection (1). The patrol officers under the direction and
1603supervision of the Department of Highway Safety and Motor
1604Vehicles shall perform and exercise throughout the state the
1605following duties, functions, and powers:
1606     (1)  To patrol the state highways and regulate, control,
1607and direct the movement of traffic thereon; to maintain the
1608public peace by preventing violence on highways; to apprehend
1609fugitives from justice; to enforce all laws now in effect
1610regulating and governing traffic, travel, and public safety upon
1611the public highways and providing for the protection of the
1612public highways and public property thereon; to make arrests
1613without warrant for the violation of any state law committed in
1614their presence in accordance with the laws of this state;
1615providing that no search shall be made unless it is incident to
1616a lawful arrest, to regulate and direct traffic concentrations
1617and congestions; to enforce laws governing the operation,
1618licensing, and taxing and limiting the size, weight, width,
1619length, and speed of vehicles and licensing and controlling the
1620operations of drivers and operators of vehicles; to cooperate
1621with officials designated by law to collect all state fees and
1622revenues levied as an incident to the use or right to use the
1623highways for any purpose; to require the drivers of vehicles to
1624stop and exhibit their driver's licenses, registration cards, or
1625documents required by law to be carried by such vehicles; to
1626investigate traffic accidents, secure testimony of witnesses and
1627of persons involved, and make report thereof with copy, when
1628requested in writing, to any person in interest or his or her
1629attorney; to investigate reported thefts of vehicles and to
1630seize contraband or stolen property on or being transported on
1631the highways. Each patrol officer of the Florida Highway Patrol
1632is subject to and has the same arrest and other authority
1633provided for law enforcement officers generally in chapter 901
1634and has statewide jurisdiction. Each officer also has arrest
1635authority as provided for state law enforcement officers in s.
1636901.15. This section shall not be construed as being in conflict
1637with, but is supplemental to, chapter 933.
1638     (2)  To assist other constituted law enforcement officers
1639of the state to quell mobs and riots, guard prisoners, and
1640police disaster areas.
1641     (3)(a)  To make arrests while in fresh pursuit of a person
1642believed to have violated the traffic and other laws.
1643     (b)  To make arrest of a person wanted for a felony or
1644against whom a warrant has been issued on any charge in
1645violation of federal, state, or county laws or municipal
1646ordinances.
1647     (4)(a)  All fines and costs and the proceeds of the
1648forfeiture of bail bonds and recognizances resulting from the
1649enforcement of this chapter by patrol officers shall be paid
1650into the fine and forfeiture fund established pursuant to s.
1651142.01 of the county where the offense is committed. In all
1652cases of arrest by patrol officers, the person arrested shall be
1653delivered forthwith by the said officer to the sheriff of the
1654county, or he or she shall obtain from the such person arrested
1655a recognizance or, if deemed necessary, a cash bond or other
1656sufficient security conditioned for his or her appearance before
1657the proper tribunal of the such county to answer the charge for
1658which he or she has been arrested; and all fees accruing shall
1659be taxed against the party arrested, which fees are hereby
1660declared to be part of the compensation of the said sheriffs
1661authorized to be fixed by the Legislature under s. 5(c), Art. II
1662of the State Constitution, to be paid such sheriffs in the same
1663manner as fees are paid for like services in other criminal
1664cases. All patrol officers are hereby directed to deliver all
1665bonds accepted and approved by them to the sheriff of the county
1666in which the offense is alleged to have been committed. However,
1667a no sheriff shall not be paid any arrest fee for the arrest of
1668a person for violation of any section of chapter 316 when the
1669arresting officer was transported in a Florida Highway Patrol
1670car to the vicinity where the arrest was made; and a no sheriff
1671shall not be paid any fee for mileage for himself or herself or
1672a prisoner for miles traveled in a Florida Highway Patrol car. A
1673No patrol officer is not shall be entitled to any fee or mileage
1674cost except when responding to a subpoena in a civil cause or
1675except when the such patrol officer is appearing as an official
1676witness to testify at any hearing or law action in any court of
1677this state as a direct result of his or her employment as a
1678patrol officer during time not compensated as a part of his or
1679her normal duties. Nothing herein shall be construed as limiting
1680the power to locate and to take from any person under arrest or
1681about to be arrested deadly weapons. Nothing contained in This
1682section is not shall be construed as a limitation upon existing
1683powers and duties of sheriffs or police officers.
1684     (b)  Any person so arrested and released on his or her own
1685recognizance by an officer and who fails shall fail to appear or
1686respond to a notice to appear shall, in addition to the traffic
1687violation charge, commits be guilty of a noncriminal traffic
1688infraction subject to the penalty provided in s. 318.18(2).
1689     (5)  The department may employ or assign some fit and
1690suitable person with experience in the field of public relations
1691who shall have the duty to promote, coordinate, and publicize
1692the traffic safety activities in the state and assign such
1693person to the office of the Governor at a salary to be fixed by
1694the department. The person so assigned or employed shall be a
1695member of the uniform division of the Florida Highway Patrol,
1696and he or she shall have the pay and rank of lieutenant while on
1697such assignment.
1698     (6)  The Division of Florida Highway Patrol is authorized
1699to adopt promulgate rules and regulations which may be necessary
1700to implement the provisions of chapter 316.
1701     Section 31.  Subsection (26) of section 322.01, Florida
1702Statutes, is amended, and subsection (46) is added to that
1703section, to read:
1704     322.01  Definitions.-As used in this chapter:
1705     (26)  "Motorcycle" means a motor vehicle powered by a motor
1706with a displacement of more than 50 cubic centimeters, having a
1707seat or saddle for the use of the rider, and designed to travel
1708on not more than three wheels in contact with the ground, but
1709excluding a tractor, tri-vehicle, or moped.
1710     (46)  "Tri-vehicle" means an enclosed three-wheeled
1711passenger vehicle that:
1712     (a)  Is designed to operate with three wheels in contact
1713with the ground;
1714     (b)  Has a minimum unladen weight of 900 pounds;
1715     (c)  Has a single, completely enclosed, occupant
1716compartment;
1717     (d)  Is produced in a minimum quantity of 300 in any
1718calendar year;
1719     (e)  Is capable of a speed greater than 60 miles per hour
1720on level ground; and
1721     (f)  Is equipped with:
1722     1.  Seats that are certified by the vehicle manufacturer to
1723meet the requirements of Federal Motor Vehicle Safety Standard
1724No. 207, "Seating systems" (49 C.F.R. s. 571.207);
1725     2.  A steering wheel used to maneuver the vehicle;
1726     3.  A propulsion unit located forward or aft of the
1727enclosed occupant compartment;
1728     4.  A seat belt for each vehicle occupant certified to meet
1729the requirements of Federal Motor Vehicle Safety Standard No.
1730209, "Seat belt assemblies" (49 C.F.R. s. 571.209);
1731     5.  A windshield and an appropriate windshield wiper and
1732washer system that are certified by the vehicle manufacture to
1733meet the requirements of Federal Motor Vehicle Safety Standard
1734No. 205, "Glazing Materials" (49 C.F.R. s. 571.205) and Federal
1735Motor Vehicle Safety Standard No. 104, "Windshield Wiping and
1736Washing Systems" (49 C.F.R. s. 571.104); and
1737     6.  A vehicle structure certified by the vehicle
1738manufacturer to meet the requirements of Federal Motor Vehicle
1739Safety Standard No. 216, "Rollover crush resistance" (49 C.F.R.
1740s. 571.216).
1741     Section 32.  Subsection (7) of section 322.08, Florida
1742Statutes, is amended to read:
1743     322.08  Application for license; requirements for license
1744and identification card forms.-
1745     (7)  The application form for an original, renewal, or
1746replacement a driver's license or identification card duplicate
1747thereof shall include language permitting the following:
1748     (a)  A voluntary contribution of $1 per applicant, which
1749contribution shall be deposited into the Health Care Trust Fund
1750for organ and tissue donor education and for maintaining the
1751organ and tissue donor registry.
1752     (b)  A voluntary contribution of $1 per applicant, which
1753contribution shall be distributed to the Florida Council of the
1754Blind.
1755     (c)  A voluntary contribution of $2 per applicant, which
1756shall be distributed to the Hearing Research Institute,
1757Incorporated.
1758     (d)  A voluntary contribution of $1 per applicant, which
1759shall be distributed to the Juvenile Diabetes Foundation
1760International.
1761     (e)  A voluntary contribution of $1 per applicant, which
1762shall be distributed to the Children's Hearing Help Fund.
1763     (f)  A voluntary contribution of $1 per applicant, which
1764shall be distributed to Family First, a nonprofit organization.
1765     (g)  A voluntary contribution of $1 per applicant, to Stop
1766Heart Disease, which shall be distributed to the Florida Heart
1767Research Institute, a nonprofit organization.
1768     (h)  Notwithstanding s. 322.081, a voluntary contribution
1769of $1 per applicant, which shall be distributed to the League
1770Against Cancer/La Liga Contra el Cancer, a not-for-profit
1771organization.
1772     (i)  Notwithstanding s. 322.081, a voluntary contribution
1773of $1 per applicant to the state homes for veterans, to be
1774distributed on a quarterly basis by the department to the State
1775Homes for Veterans Trust Fund, which is administered by the
1776Department of Veterans' Affairs.
1777
1778A statement providing an explanation of the purpose of the trust
1779funds shall also be included. For the purpose of applying the
1780service charge provided in s. 215.20, contributions received
1781under paragraphs (b)-(i) (b), (c), (d), (e), (f), and (g) and
1782under s. 322.18(9) are not income of a revenue nature.
1783     Section 33.  Section 322.121, Florida Statutes, is amended
1784to read:
1785     322.121  Periodic reexamination of all drivers.-
1786     (1)  It is the intent of the Legislature that all licensed
1787drivers in Florida be reexamined upon renewal of their licenses.
1788Because only a small percentage of drivers in the state are
1789categorized as problem drivers, the Legislature intends that
1790renewals the large number of drivers who have not had any
1791convictions for the 3 years preceding renewal and whose driving
1792privilege in this state has not been revoked, disqualified, or
1793suspended at any time during the 7 years preceding renewal be
1794processed expeditiously upon renewal of their licenses by
1795examinations of the licensee's their eyesight and hearing only
1796and that all other licensees be tested, in addition to the
1797eyesight and hearing examinations, with respect to their ability
1798to read and understand highway signs regulating, warning, and
1799directing traffic.
1800     (2)  Each licensee must pass a reexamination at the time of
1801renewal, except as otherwise provided in this chapter. For each
1802licensee whose driving record does not show any convictions for
1803the preceding 3 years or any revocations, disqualifications, or
1804suspensions for the preceding 7 years; and who, at the time of
1805renewal, presents a renewal notice verifying such safe driving
1806record, the reexamination shall consist of tests of the
1807licensee's eyesight and hearing. For all other licensees, in
1808addition to the eyesight and hearing tests, the reexamination
1809must include tests of the ability to read and understand highway
1810signs and pavement markings regulating, warning, and directing
1811traffic.
1812     (2)(3)  For each licensee whose driving record does not
1813show any revocations, disqualifications, or suspensions for the
1814preceding 7 years or any convictions for the preceding 3 years
1815except for convictions of the following nonmoving violations:
1816     (a)  Failure to exhibit a vehicle registration certificate,
1817rental agreement, or cab card pursuant to s. 320.0605;
1818     (b)  Failure to renew a motor vehicle or mobile home
1819registration that has been expired for 4 months or less pursuant
1820to s. 320.07(3)(a);
1821     (c)  Operating a motor vehicle with an expired license that
1822has been expired for 4 months or less pursuant to s. 322.065;
1823     (d)  Failure to carry or exhibit a license pursuant to s.
1824322.15(1); or
1825     (e)  Failure to notify the department of a change of
1826address or name within 10 days pursuant to s. 322.19,
1827
1828the department shall cause such licensee's license to be
1829prominently marked with the notation "Safe Driver."
1830     (3)(4)  Eyesight examinations must be administered as
1831provided in s. 322.12.
1832     (4)(5)  An examination fee may not be assessed for
1833reexamination required by this section.
1834     (5)(6)  Members of the Armed Forces, or their dependents
1835residing with them, shall be granted an automatic extension for
1836the expiration of their licenses without reexamination while
1837serving on active duty outside this state. This extension is
1838valid for 90 days after the member of the Armed Forces is either
1839discharged or returns to this state to live.
1840     (6)(7)  In addition to any other examination authorized by
1841this section, an applicant for a renewal of a commercial
1842driver's license may be required to complete successfully an
1843examination of his or her knowledge regarding state and federal
1844rules, regulations, and laws, governing the type of vehicle
1845which he or she is applying to be licensed to operate.
1846     (7)(8)  In addition to any other examination authorized by
1847this section, an applicant for a renewal of an endorsement
1848issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
1849required to complete successfully an examination of his or her
1850knowledge regarding state and federal rules, regulations, and
1851laws, governing the type of vehicle which he or she is seeking
1852an endorsement to operate.
1853     Section 34.  Paragraph (a) of subsection (5) and paragraph
1854(c) of subsection (8) of section 322.18, Florida Statutes, are
1855amended, to read:
1856     322.18  Original applications, licenses, and renewals;
1857expiration of licenses; delinquent licenses.-
1858     (5)  All renewal driver's licenses may be issued after the
1859applicant licensee has been determined to be eligible by the
1860department.
1861     (a)  A licensee who is otherwise eligible for renewal and
1862who is at least 80 years of age:
1863     1.  Must submit to and pass a vision test administered at
1864any driver's license office; or
1865     2.  If the licensee applies for a renewal using a
1866convenience service as provided in subsection (8), he or she
1867must submit to a vision test administered by a physician
1868licensed under chapter 458 or chapter 459, or an optometrist
1869licensed under chapter 463, or a licensed physician at a
1870federally established veterans' hospital, must send the results
1871of that test to the department on a form obtained from the
1872department and signed by such health care practitioner, and must
1873meet vision standards that are equivalent to the standards for
1874passing the departmental vision test. The physician or
1875optometrist may submit the results of a vision test by a
1876department-approved electronic means.
1877     (8)  The department shall issue 8-year renewals using a
1878convenience service without reexamination to drivers who have
1879not attained 80 years of age. The department shall issue 6-year
1880renewals using a convenience service when the applicant has
1881satisfied the requirements of subsection (5).
1882     (c)  The department shall issue one renewal using a
1883convenience service. A person who is out of this state when his
1884or her license expires may be issued a 90-day temporary driving
1885permit without reexamination. At the end of the 90-day period,
1886the person must either return to this state or apply for a
1887license where the person is located, except for a member of the
1888Armed Forces as provided in s. 322.121(5) s. 322.121(6).
1889     Section 35.  Subsection (2) of section 322.2615, Florida
1890Statutes, is amended to read:
1891     322.2615  Suspension of license; right to review.-
1892     (2)  Except as provided in paragraph (1)(a), the law
1893enforcement officer shall forward to the department, within 5
1894days after issuing the notice of suspension, the driver's
1895license; an affidavit stating the officer's grounds for belief
1896that the person was driving or in actual physical control of a
1897motor vehicle while under the influence of alcoholic beverages
1898or chemical or controlled substances; the results of any breath
1899or blood test or an affidavit stating that a breath, blood, or
1900urine test was requested by a law enforcement officer or
1901correctional officer and that the person refused to submit; the
1902officer's description of the person's field sobriety test, if
1903any; and the notice of suspension; and a copy of the crash
1904report, if any. The failure of the officer to submit materials
1905within the 5-day period specified in this subsection and in
1906subsection (1) does not affect the department's ability to
1907consider any evidence submitted at or prior to the hearing. The
1908officer may also submit a copy of the crash report and a copy of
1909a videotape of the field sobriety test or the attempt to
1910administer such test. Materials submitted to the department by a
1911law enforcement agency or correctional agency shall be
1912considered self-authenticating and shall be in the record for
1913consideration by the hearing officer. Notwithstanding s.
1914316.066(7), the crash report shall be considered by the hearing
1915officer.
1916     Section 36.  Effective October 1, 2010, subsection (5) of
1917section 322.271, Florida Statutes, is renumbered as subsection
1918(6), and a new subsection (5) is added to that section, to read:
1919     322.271  Authority to modify revocation, cancellation, or
1920suspension order.-
1921     (5)  Notwithstanding the provisions of s. 322.28(2)(e), a
1922person whose driving privilege has been permanently revoked
1923because he or she has been convicted four or more times of
1924violating s. 316.193 or former s. 316.1931 may, upon the
1925expiration of 10 years after the date of the last conviction or
1926the expiration of 10 years after the termination of any
1927incarceration under s. 316.193 or former s. 316.1931, whichever
1928is later, petition the department for reinstatement of his or
1929her driving privilege.
1930     (a)  Within 30 days after receipt of a petition, the
1931department shall provide for a hearing, at which the petitioner
1932must demonstrate that he or she:
1933     1.  Has not been arrested for a drug-related offense for at
1934least 5 years prior to filing the petition;
1935     2.  Has not driven a motor vehicle without a license for at
1936least 5 years prior to the hearing;
1937     3.  Has been drug-free for at least 5 years prior to the
1938hearing; and
1939     4.  Has completed a DUI program licensed by the department.
1940     (b)  At the hearing, the department shall determine the
1941petitioner's qualification, fitness, and need to drive, and may,
1942after such determination, reinstate the petitioner's driver's
1943license. The reinstatement shall be subject to the following
1944qualifications:
1945     1.  The petitioner's license must be restricted for
1946employment purposes for not less than 1 year; and
1947     2.  The petitioner must be supervised by a DUI program
1948licensed by the department and must report to the program for
1949supervision and education at least four times a year or more, as
1950required by the program, for the remainder of the revocation
1951period. The supervision shall include evaluation, education,
1952referral into treatment, and other activities required by the
1953department.
1954     (c)  The petitioner must assume the reasonable costs of
1955supervision. If the petitioner does not comply with the required
1956supervision, the program shall report the failure to the
1957department, and the department shall cancel such person's
1958driving privilege.
1959     (d)  If, after reinstatement, the petitioner is convicted
1960of an offense for which mandatory license revocation is
1961required, the department shall revoke his or her driving
1962privilege.
1963     (e)  The department shall adopt rules regulating the
1964services provided by DUI programs pursuant to this section.
1965     Section 37.  Effective October 1, 2011, subsection (5) of
1966section 322.271, Florida Statutes, as created by this act, is
1967amended to read:
1968     322.271  Authority to modify revocation, cancellation, or
1969suspension order.-
1970     (5)  Notwithstanding the provisions of s. 322.28(2)(e), a
1971person whose driving privilege has been permanently revoked
1972because he or she has been convicted four or more times of
1973violating s. 316.193 or former s. 316.1931 may, upon the
1974expiration of 5 10 years after the date of the last conviction
1975or the expiration of 5 10 years after the termination of any
1976incarceration under s. 316.193 or former s. 316.1931, whichever
1977is later, petition the department for reinstatement of his or
1978her driving privilege.
1979     (a)  Within 30 days after receipt of a petition, the
1980department shall provide for a hearing, at which the petitioner
1981must demonstrate that he or she:
1982     1.  Has not been arrested for a drug-related offense for at
1983least 5 years prior to filing the petition;
1984     2.  Has not driven a motor vehicle without a license for at
1985least 5 years prior to the hearing;
1986     3.  Has been drug-free for at least 5 years prior to the
1987hearing; and
1988     4.  Has completed a DUI program licensed by the department.
1989     (b)  At the hearing, the department shall determine the
1990petitioner's qualification, fitness, and need to drive, and may,
1991after such determination, reinstate the petitioner's driver's
1992license. The reinstatement shall be subject to the following
1993qualifications:
1994     1.  The petitioner's license must be restricted for
1995employment purposes for not less than 1 year; and
1996     2.  The petitioner must be supervised by a DUI program
1997licensed by the department and must report to the program for
1998supervision and education at least four times a year or more, as
1999required by the program, for the remainder of the revocation
2000period. The supervision shall include evaluation, education,
2001referral into treatment, and other activities required by the
2002department.
2003     (c)  The petitioner must assume the reasonable costs of
2004supervision. If the petitioner does not comply with the required
2005supervision, the program shall report the failure to the
2006department, and the department shall cancel such person's
2007driving privilege.
2008     (d)  If, after reinstatement, the petitioner is convicted
2009of an offense for which mandatory license revocation is
2010required, the department shall revoke his or her driving
2011privilege.
2012     (e)  The department shall adopt rules regulating the
2013services provided by DUI programs pursuant to this section.
2014     Section 38.  Paragraph (e) is added to subsection (3) of
2015section 322.2715, Florida Statutes, to read:
2016     322.2715  Ignition interlock device.-
2017     (3)  If the person is convicted of:
2018     (e)  A fourth or subsequent offense of driving under the
2019influence, the ignition interlock device shall be installed for
2020a period of not less than 5 years.
2021     Section 39.  Subsection (11) is added to section 322.34,
2022Florida Statutes, to read:
2023     322.34  Driving while license suspended, revoked, canceled,
2024or disqualified.-
2025     (10)(a)  Notwithstanding any other provision of this
2026section, if a person does not have a prior forcible felony
2027conviction as defined in s. 776.08, the penalties provided in
2028paragraph (b) apply if a person's driver's license or driving
2029privilege is canceled, suspended, or revoked for:
2030     1.  Failing to pay child support as provided in s. 322.245
2031or s. 61.13016;
2032     2.  Failing to pay any other financial obligation as
2033provided in s. 322.245 other than those specified in s.
2034322.245(1);
2035     3.  Failing to comply with a civil penalty required in s.
2036318.15;
2037     4.  Failing to maintain vehicular financial responsibility
2038as required by chapter 324;
2039     5.  Failing to comply with attendance or other requirements
2040for minors as set forth in s. 322.091; or
2041     6.  Having been designated a habitual traffic offender
2042under s. 322.264(1)(d) as a result of suspensions of his or her
2043driver's license or driver privilege for any underlying
2044violation listed in subparagraphs 1.-5.
2045     (b)1.  Upon a first conviction for knowingly driving while
2046his or her license is suspended, revoked, or canceled for any of
2047the underlying violations listed in subparagraphs (a)1.-6., a
2048person commits a misdemeanor of the second degree, punishable as
2049provided in s. 775.082 or s. 775.083.
2050     2.  Upon a second or subsequent conviction for the same
2051offense of knowingly driving while his or her license is
2052suspended, revoked, or canceled for any of the underlying
2053violations listed in subparagraphs (a)1.-6., a person commits a
2054misdemeanor of the first degree, punishable as provided in s.
2055775.082 or s. 775.083.
2056     (11)(a)  A person who does not hold a commercial driver's
2057license and who is cited for an offense of knowingly driving
2058while his or her license is suspended, revoked, or canceled for
2059any of the underlying violations listed in paragraph (10)(a)
2060may, in lieu of payment of fine or court appearance, elect to
2061enter a plea of nolo contendere and provide proof of compliance
2062to the clerk of the court, designated official, or authorized
2063operator of a traffic violations bureau. In such case,
2064adjudication shall be withheld. However, no election shall be
2065made under this subsection if such person has made an election
2066under this subsection during the preceding 12 months. A person
2067may not make more than three elections under this subsection.
2068     (b)  If adjudication is withheld under paragraph (a), such
2069action is not a conviction.
2070     Section 40.  Subsection (8) of section 322.61, Florida
2071Statutes, is amended to read:
2072     322.61  Disqualification from operating a commercial motor
2073vehicle.-
2074     (8)  A driver who is convicted of or otherwise found to
2075have committed a violation of an out-of-service order while
2076driving a commercial motor vehicle is disqualified as follows:
2077     (a)  Not less than 180 90 days nor more than 1 year if the
2078driver is convicted of or otherwise found to have committed a
2079first violation of an out-of-service order.
2080     (b)  Not less than 2 years 1 year nor more than 5 years if,
2081for offenses occurring during any 10-year period, the driver is
2082convicted of or otherwise found to have committed two violations
2083of out-of-service orders in separate incidents.
2084     (c)  Not less than 3 years nor more than 5 years if, for
2085offenses occurring during any 10-year period, the driver is
2086convicted of or otherwise found to have committed three or more
2087violations of out-of-service orders in separate incidents.
2088     (d)  Not less than 180 days nor more than 2 years if the
2089driver is convicted of or otherwise found to have committed a
2090first violation of an out-of-service order while transporting
2091hazardous materials required to be placarded under the Hazardous
2092Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2093while operating motor vehicles designed to transport more than
209415 passengers, including the driver. A driver is disqualified
2095for a period of not less than 3 years nor more than 5 years if,
2096for offenses occurring during any 10-year period, the driver is
2097convicted of or otherwise found to have committed any subsequent
2098violations of out-of-service orders, in separate incidents,
2099while transporting hazardous materials required to be placarded
2100under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
21015101 et seq., or while operating motor vehicles designed to
2102transport more than 15 passengers, including the driver.
2103     Section 41.  Section 488.06, Florida Statutes, is amended
2104to read:
2105     488.06  Revocation or suspension of license or
2106certificate.-The Department of Highway Safety and Motor Vehicles
2107may suspend or revoke any license or certificate issued under
2108the provisions of this chapter if the holder of the license or
2109certificate or an instructor, agent, or employee of the
2110commercial driving school has:
2111     (1)  Violated the provisions of this chapter;.
2112     (2)  Been convicted of, pled no contest to, or had
2113adjudication withheld for any felony offense or misdemeanor
2114offense, as shown by a fingerprint-based criminal background
2115check, the cost of which must be borne by the applicant,
2116instructor, agent, or employee;
2117     (3)  Committed any fraud or willful misrepresentation in
2118applying for or obtaining a license; or
2119     (4)  Solicited business on any premises, including parking
2120areas, used by the department or a tax collector for the purpose
2121of licensing drivers.
2122
2123For purposes of subsection (2), fingerprints shall be submitted
2124by the Department of Highway Safety and Motor Vehicles to the
2125Florida Department of Law Enforcement for state processing, and
2126the Florida Department of Law Enforcement shall forward them to
2127the Federal Bureau of Investigation for national processing. The
2128Department of Highway Safety and Motor Vehicles shall screen the
2129background check results to determine if an applicant,
2130instructor, agency or employee meets licensure or certification
2131requirements.
2132     Section 42.  Subsection (9) of section 261.03, Florida
2133Statutes, is amended to read:
2134     261.03  Definitions.-As used in this chapter, the term:
2135     (9)  "ROV" means any motorized recreational off-highway
2136vehicle 64 60 inches or less in width, having a dry weight of
21372,000 1,500 pounds or less, designed to travel on four or more
2138nonhighway tires, having nonstraddle seating and a steering
2139wheel, and manufactured for recreational use by one or more
2140persons. The term "ROV" does not include a golf cart as defined
2141in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
2142defined in s. 320.01(42).
2143     Section 43.  Subsection (9) of section 317.0003, Florida
2144Statutes, is amended to read:
2145     317.0003  Definitions.-As used in this chapter, the term:
2146     (9)  "ROV" means any motorized recreational off-highway
2147vehicle 64 60 inches or less in width, having a dry weight of
21482,000 1,500 pounds or less, designed to travel on four or more
2149nonhighway tires, having nonstraddle seating and a steering
2150wheel, and manufactured for recreational use by one or more
2151persons. The term "ROV" does not include a golf cart as defined
2152in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
2153defined in s. 320.01(42).
2154     Section 44.  Subsection (7) is added to section 316.008,
2155Florida Statutes, to read:
2156     316.008  Powers of local authorities.-
2157     (7)  A county or municipality may enact an ordinance to
2158permit, control, or regulate the operation of vehicles, golf
2159carts, mopeds, motorized scooters, and electric personal
2160assistive mobility devices on sidewalks or sidewalk areas when
2161such use is permissible under federal law. The ordinance must
2162restrict such vehicles or devices to a maximum speed of 15 miles
2163per hour in such areas.
2164     Section 45.  Section 316.1995, Florida Statutes, is amended
2165to read:
2166     316.1995  Driving upon sidewalk or bicycle path.-
2167     (1)  Except as provided in s. 316.008 or s. 316.212(8), a
2168No person may not shall drive any vehicle other than by human
2169power upon a bicycle path, sidewalk, or sidewalk area, except
2170upon a permanent or duly authorized temporary driveway.
2171     (2)  A violation of this section is a noncriminal traffic
2172infraction, punishable as a moving violation as provided in
2173chapter 318.
2174     (3)  This section does not apply to motorized wheelchairs.
2175     Section 46.  Subsection (8) of section 316.212, Florida
2176Statutes, is amended to read:
2177     316.212  Operation of golf carts on certain roadways.-The
2178operation of a golf cart upon the public roads or streets of
2179this state is prohibited except as provided herein:
2180     (8)  A local governmental entity may enact an ordinance
2181relating to:
2182     (a)  Regarding Golf cart operation and equipment which is
2183more restrictive than those enumerated in this section. Upon
2184enactment of such ordinance, the local governmental entity shall
2185post appropriate signs or otherwise inform the residents that
2186such an ordinance exists and that it will be enforced within the
2187local government's jurisdictional territory. An ordinance
2188referred to in this section must apply only to an unlicensed
2189driver.
2190     (b)  Golf cart operation on sidewalks adjacent to specific
2191segments of municipal streets, county roads, or state highways
2192within the jurisdictional territory of the local governmental
2193entity if:
2194     1.  The local governmental entity determines, after
2195considering the condition and current use of the sidewalks, the
2196character of the surrounding community, and the locations of
2197authorized golf cart crossings, that golf carts, bicycles, and
2198pedestrians may safely share the sidewalk;
2199     2.  The local governmental entity consults with the
2200Department of Transportation before adopting the ordinance;
2201     3.  The ordinance restricts golf carts to a maximum speed
2202of 15 miles per hour and permits such use on sidewalks adjacent
2203to state highways only if the sidewalks are at least 8 feet
2204wide;
2205     4.  The ordinance requires the golf carts to meet the
2206equipment requirements in subsection (6). However, the ordinance
2207may require additional equipment, including horns or other
2208warning devices required by s. 316.271; and
2209     5.  The local governmental entity posts appropriate signs
2210or otherwise informs residents that the ordinance exists and
2211applies to such sidewalks.
2212     Section 47.  Section 316.2128, Florida Statutes, is amended
2213to read:
2214     316.2128  Operation of motorized scooters and miniature
2215motorcycles; requirements for sales.-
2216     (1)  A person who engages in the business of, serves in the
2217capacity of, or acts as a commercial seller of motorized
2218scooters or miniature motorcycles in this state must prominently
2219display at his or her place of business a notice that such
2220vehicles are not legal to operate on public roads, or sidewalks
2221and may not be registered as motor vehicles, and may not be
2222operated on sidewalks unless authorized by an ordinance enacted
2223pursuant to s. 316.008(7) or s. 316.212(8). The required notice
2224must also appear in all forms of advertising offering motorized
2225scooters or miniature motorcycles for sale. The notice and a
2226copy of this section must also be provided to a consumer prior
2227to the consumer's purchasing or becoming obligated to purchase a
2228motorized scooter or a miniature motorcycle.
2229     (2)  Any person selling or offering a motorized scooter or
2230a miniature motorcycle for sale in violation of this section
2231commits an unfair and deceptive trade practice as defined in
2232part II of chapter 501.
2233     Section 48.  Ronshay Dugans Act.-
2234     (1)  This section may be cited as the "Ronshay Dugans Act."
2235     (2)  The first week of September is designated as "Drowsy
2236Driving Prevention Week" in this state. During Drowsy Driving
2237Prevention Week, the Department of Highway Safety and Motor
2238Vehicles and the Department of Transportation are encouraged to
2239educate the law enforcement community and the public about the
2240relationship between fatigue and performance and the research
2241showing fatigue to be as much of an impairment as alcohol and as
2242dangerous while operating a motor vehicle.
2243     Section 49.  Except as otherwise expressly provided in this
2244act, this act shall take effect September 1, 2010.


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