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Senate Bill 1200

Senate Bill sb1200

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1200

    By Senator Sebesta





    16-890-04

  1                      A bill to be entitled

  2         An act relating to highway safety and motor

  3         vehicles; amending s. 316.613, F.S.;

  4         eliminating authorization for the Department of

  5         Highway Safety and Motor Vehicles to expend

  6         certain funds; creating s. 316.6131, F.S.;

  7         authorizing the department to expend certain

  8         funds; amending s. 319.29, F.S.; directing the

  9         verification of identity for certain title

10         certificates; amending s. 320.01, F.S.;

11         clarifying the definition of the terms

12         "apportionable vehicle" and "commercial motor

13         vehicle"; amending s. 320.05, F.S.; providing

14         that certain motor vehicle and vessel

15         information is available free of charge on the

16         department's website; amending s. 320.06, F.S.;

17         correcting a cross-reference; amending s.

18         320.0607, F.S.; directing the verification of

19         identity for certain vehicle license plates and

20         registrations; amending s. 320.0843, F.S.;

21         requiring that an applicant eligible for a

22         disabled parking plate be noted on the

23         certificate; amending s. 320.0848, F.S.;

24         requiring the verification of identity for

25         certain disabled parking permits; amending s.

26         320.086, F.S.; revising provisions relating to

27         historical license plates; amending s. 320.58,

28         F.S.; authorizing inspectors employed by the

29         department to enforce certain provisions

30         relating to off-highway vehicles and vessels;

31         amending s. 322.20, F.S.; authorizing the

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1         department to charge fees for electronic access

 2         to specified information; requiring that

 3         certain driver's license information be

 4         available free of charge on the department's

 5         website; amending s. 328.11, F.S.; revising

 6         requirements relating to the issuance of a

 7         duplicate certificate of title for vessels;

 8         providing an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (4) of section 316.613, Florida

13  Statutes, is amended to read:

14         316.613  Child restraint requirements.--

15         (4)(a)  It is the legislative intent that all state,

16  county, and local law enforcement agencies, and safety

17  councils, in recognition of the problems with child death and

18  injury from unrestrained occupancy in motor vehicles, conduct

19  a continuing safety and public awareness campaign as to the

20  magnitude of the problem.

21         (b)  The department may authorize the expenditure of

22  funds for the purchase of promotional items as part of the

23  public information and education campaigns provided for in

24  this subsection and ss. 316.614, 322.025, and 403.7145.

25         Section 2.  Section 316.6131, Florida Statutes, is

26  created to read:

27         316.6131  Educational expenditures.--The department may

28  authorize the expenditure of funds for the purchase of

29  educational items as part of the public information and

30  education campaigns promoting highway safety and awareness as

31  well as departmental community-based initiatives. Funds may be

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1  expended for, but are not limited to, educational campaigns

 2  provided in chapters 316, 320, and 322 and s. 403.7145.

 3         Section 3.  Subsection (4) of section 319.29, Florida

 4  Statutes, is amended to read:

 5         319.29  Lost or destroyed certificates.--

 6         (4)  The department shall implement a system to verify

 7  that the application is signed by a person authorized to

 8  receive a duplicate title certificate under this section if

 9  the address shown on the application is different from the

10  address shown for the applicant on the records of the

11  department. If the title is being delivered to someone other

12  than the owner of record, the identity of the person to whom

13  the title is delivered must be verified and the documentation

14  of the verification must be maintained by the department.

15         Section 4.  Subsections (25) and (26) of section

16  320.01, Florida Statutes, are amended to read:

17         320.01  Definitions, general.--As used in the Florida

18  Statutes, except as otherwise provided, the term:

19         (25)  "Apportionable vehicle" means any vehicle, except

20  recreational vehicles, vehicles displaying restricted plates,

21  city pickup and delivery vehicles, buses used in

22  transportation of chartered parties, and government-owned

23  vehicles, which is used or intended for use in two or more

24  member jurisdictions that allocate or proportionally register

25  vehicles and which is used for the transportation of persons

26  for hire or is designed, used, or maintained primarily for the

27  transportation of property and:

28         (a)  Is a power unit having a gross vehicle weight in

29  excess of 26,001 pounds or more;

30         (b)  Is a power unit having three or more axles,

31  regardless of weight; or

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    Florida Senate - 2004                                  SB 1200
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 1         (c)  Is used in combination, when the weight of such

 2  combination is exceeds 26,001 pounds or more gross vehicle

 3  weight.

 4  

 5  Vehicles, or combinations thereof, having a gross vehicle

 6  weight of 26,001 pounds or less and two-axle vehicles may be

 7  proportionally registered.

 8         (26)  "Commercial motor vehicle" means any vehicle that

 9  which is not owned or operated by a governmental entity, which

10  uses special fuel or motor fuel on the public highways, and

11  which has a gross vehicle weight of 26,001 pounds or more, or

12  has three or more axles regardless of weight, or is used in

13  combination when the weight of the such combination is exceeds

14  26,001 pounds or more gross vehicle weight.

15         Section 5.  Subsection (3) of section 320.05, Florida

16  Statutes, is amended to read:

17         320.05  Records of the department; inspection

18  procedure; lists and searches; fees.--

19         (3)(a)  The department is authorized, upon application

20  of any person and payment of the proper fees, to prepare and

21  furnish lists containing motor vehicle or vessel information

22  in a such form as the department may authorize, to search the

23  records of the department and make reports thereof, and to

24  make photographic copies of the department records and

25  attestations thereof.

26         (b)  Fees therefor shall be charged and collected as

27  follows:

28         1.  For providing lists of motor vehicle or vessel

29  records for the entire state, or any part or parts thereof,

30  divided according to counties, a sum computed at a rate of not

31  less than 1 cent nor more than 5 cents per item.

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1         2.  For providing noncertified photographic copies of

 2  motor vehicle or vessel documents, $1 per page.

 3         3.  For providing noncertified photographic copies of

 4  micrographic records, $1 per page.

 5         4.  For providing certified copies of motor vehicle or

 6  vessel records, $3 per record.

 7         5.  For providing noncertified computer-generated

 8  printouts of motor vehicle or vessel records, 50 cents per

 9  record.

10         6.  For providing certified computer-generated

11  printouts of motor vehicle or vessel records, $3 per record.

12         7.  For providing electronic access to motor vehicle,

13  vessel, and mobile home registration data requested by tag,

14  vehicle identification number, title number, or decal number,

15  50 cents per item, except that information provided via the

16  department's Internet website is free of charge.

17         8.  For providing electronic access to driver's license

18  status report by name, sex, and date of birth or by driver

19  license number, 50 cents per item.

20         8.9.  For providing lists of licensed mobile home

21  dealers and manufacturers and recreational vehicle dealers and

22  manufacturers, $15 per list.

23         9.10.  For providing lists of licensed motor vehicle

24  dealers, $25 per list.

25         10.11.  For each copy of a videotape record, $15 per

26  tape.

27         11.12.  For each copy of the Division of Motor Vehicles

28  Procedures Manual, $25.

29         (c)  Fees collected under pursuant to paragraph (b)

30  shall be deposited into the Highway Safety Operating Trust

31  Fund.

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    Florida Senate - 2004                                  SB 1200
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 1         (d)  The department shall furnish the such information

 2  without charge to any court or governmental entity.

 3         (e)  When motor vehicle, vessel, or mobile home

 4  registration data is provided by electronic access through a

 5  tax collector's office, a fee for the electronic access is not

 6  required to be assessed. However, at the tax collector's

 7  discretion, a fee equal to or less than the fee charged by the

 8  department for the such information may be assessed by the tax

 9  collector for the electronic access. Notwithstanding paragraph

10  (c), any funds collected by the tax collector as a result of

11  providing such access shall be retained by the tax collector.

12         Section 6.  Subsection (4) of section 320.06, Florida

13  Statutes, is amended to read:

14         320.06  Registration certificates, license plates, and

15  validation stickers generally.--

16         (4)  The corporation organized under chapter 946 may

17  manufacture license plates, validation stickers, and decals,

18  as well as temporary tags, disabled hang tags, vessel decals,

19  and fuel use decals, for the Department of Highway Safety and

20  Motor Vehicles as provided in this chapter and chapter 328

21  327. The Department of Highway Safety and Motor Vehicles is

22  not required to obtain competitive bids in order to contract

23  with the corporation.

24         Section 7.  Section 320.0607, Florida Statutes, is

25  amended to read:

26         320.0607  Replacement license plates, validation decal,

27  or mobile home sticker.--

28         (1)  A Any law enforcement officer or department

29  license and registration inspector may at any time inspect a

30  license plate or validation decal for proper display and

31  

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1  legibility as prescribed by chapter 316.  A damaged or defaced

 2  plate or decal may be required to be replaced.

 3         (2)  When a license plate, mobile home sticker, or

 4  validation decal has been lost, stolen, or destroyed, the

 5  owner of the motor vehicle or mobile home for which the plate,

 6  sticker, or decal was issued shall make application to the

 7  department for a replacement. The application shall contain

 8  the plate, sticker, or decal number being replaced and a

 9  statement that the item was lost, stolen, or destroyed. If the

10  application includes a copy of the police report prepared in

11  response to a report of a stolen plate, sticker, or decal,

12  such plate, sticker, or decal must be replaced at no charge.

13         (3)  The department shall implement a system to verify

14  that the replacement application is signed by a person

15  authorized to receive a replacement license plate or duplicate

16  registration if the address on the application is different

17  from the address for the applicant on the records of the

18  department. If the replacement license plate or registration

19  is being delivered to someone other than the owner of record,

20  proof of identity for that person must be verified and the

21  physical documentation of the verification must be maintained

22  by the department.

23         (4)(3)  Except as provided in subsection (2), in all

24  such cases, upon filing of an application accompanied by a fee

25  of $10 plus applicable service charges, the department shall

26  issue a replacement plate, sticker, or decal as the case may

27  be if it is satisfied that the information reported in the

28  application is true. The replacement fee shall be deposited

29  into the Highway Safety Operating Trust Fund.

30         (5)(4)  Any license plate, sticker, or decal lost in

31  the mail shall may be replaced at no charge.  A Neither the

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1  service charge or nor the replacement fee may not shall be

 2  applied to the this replacement.  However, the application for

 3  a replacement must shall contain a statement that the license

 4  plate, sticker, or decal was lost in the mail of such fact,

 5  the audit number of the lost item, and the date issued.

 6         (6)(5)  Upon the issuance of an original license plate,

 7  the applicant shall pay a fee of $10 to be deposited in the

 8  Highway Safety Operating Trust Fund.

 9         (7)(6)  All funds derived from the sale of temporary

10  tags under the provisions of s. 320.131 shall be deposited in

11  the Highway Safety Operating Trust Fund.

12         Section 8.  Section 320.0843, Florida Statutes, is

13  amended to read:

14         320.0843  License plates for persons with disabilities

15  eligible for permanent disabled parking permits.--

16         (1)  An Any owner or lessee of a motor vehicle who

17  resides in this state and qualifies for a disabled parking

18  permit under s. 320.0848(2), upon application to the

19  department and payment of the license tax for a motor vehicle

20  registered under s. 320.08(2), (3)(a), (b), (c), or (e),

21  (4)(a) or (b), (6)(a), or (9)(c) or (d), shall be issued a

22  license plate as provided by s. 320.06 which, in lieu of the

23  serial number prescribed by s. 320.06, shall be stamped with

24  the international wheelchair user symbol after the serial

25  number of the license plate.  The license plate entitles the

26  person to all privileges afforded by a parking permit issued

27  under s. 320.0848. If more than one registrant is listed on

28  the registration issued under this section, the eligible

29  applicant for the license plate shall be noted on the

30  registration certificate.

31  

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    Florida Senate - 2004                                  SB 1200
    16-890-04




 1         (2)  All applications for these such license plates

 2  must be made to the department.

 3         Section 9.  Paragraph (f) of subsection (2) of section

 4  320.0848, Florida Statutes, is amended to read:

 5         320.0848  Persons who have disabilities; issuance of

 6  disabled parking permits; temporary permits; permits for

 7  certain providers of transportation services to persons who

 8  have disabilities.--

 9         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

10  MOBILITY PROBLEMS.--

11         (f)  To obtain a replacement for a disabled parking

12  permit that has been lost or stolen, a person must submit an

13  application on a form prescribed by the department and must

14  pay a replacement fee in the amount of $1.00, to be retained

15  by the issuing agency. If the person submits with the

16  application a police report documenting that the permit was

17  stolen, there is no replacement fee. The department shall

18  implement a system to verify that the application for a

19  disabled parking permit is signed by a person authorized to

20  receive a replacement or duplicate disabled parking permit if

21  the address on the application is different from the address

22  for the applicant on the records of the department. If the

23  replacement or duplicate disabled parking permit is being

24  delivered to someone other than the owner of record, proof of

25  identity for that person must be verified and the physical

26  documentation of the verification must be maintained by the

27  department.

28         Section 10.  Subsection (4) of section 320.086, Florida

29  Statutes, is amended to read:

30         320.086  Ancient or antique motor vehicles; "horseless

31  carriage," antique, or historical license plates.--

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    Florida Senate - 2004                                  SB 1200
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 1         (4)  Any person who is the registered owner of a motor

 2  vehicle as defined in this section and manufactured in the

 3  model year 1975 1974 or earlier, may apply to the department

 4  for permission to use a historical Florida license plate that

 5  clearly represents the model year of the vehicle as a

 6  personalized prestige license plate. This plate shall be

 7  furnished by the such person and shall be presented to the

 8  department with a reasonable fee to be determined by the

 9  department for approval and for authentication that the

10  historic license plate and any applicable decals were issued

11  by this state in the same year as the model year of the car or

12  truck. The requirements of s. 320.0805(8)(b) do not apply to

13  historical plates authorized under this subsection.

14         Section 11.  Section 320.58, Florida Statutes, is

15  amended to read:

16         320.58  License inspectors; powers, appointment.--

17         (1)(a)  The department shall appoint as many license

18  inspectors and supervisors as it deems necessary to enforce

19  the provisions of this chapter and chapters 317, 319, 322, and

20  324, and 328. In order to enforce the provisions of these

21  laws, the inspectors are empowered to enter on both publicly

22  owned and privately owned property and to issue uniform

23  traffic citations to persons found in violation thereof. The

24  department is further empowered to delegate the power to issue

25  uniform traffic citations to persons acting as its agents for

26  the purpose of enforcing the registration provisions of this

27  chapter, which may include, but are not be limited to,

28  personnel employed by district school boards as agreed to by

29  the school board and the county tax collector.

30         (b)  License inspectors appointed under pursuant to

31  this section and agents delegated by the department are not to

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    Florida Senate - 2004                                  SB 1200
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 1  be considered for membership in the state high-risk retirement

 2  program.

 3         (2)  Any person who fails or refuses to surrender his

 4  or her driver's license, registration certificate, and license

 5  plate upon lawful demand of an inspector, supervisor, or

 6  authorized agent of the department commits is guilty of a

 7  misdemeanor of the second degree, punishable as provided in s.

 8  775.082 or s. 775.083.

 9         Section 12.  Subsection (11) of section 322.20, Florida

10  Statutes, is amended to read:

11         322.20  Records of the department; fees; destruction of

12  records.--

13         (11)(a)  The department is authorized to charge the

14  following fees for the following services and documents:

15         1.  For providing a transcript of any one individual's

16  driver history record or any portion thereof for the past 3

17  years or for searching for the such record when no record is

18  found to be on file......................................$2.10

19         2.  For providing a transcript of any one individual's

20  driver history record or any portion thereof for the past 7

21  years or for searching for the such record when no record is

22  found to be on file......................................$3.10

23         3.  For providing a certified copy of a transcript of

24  the driver history record or any portion thereof for any one

25  individual...............................................$3.10

26         4.  For providing a certified photographic copy of a

27  document, per page.......................................$1.00

28         5.  For providing an exemplified record..........$15.00

29         6.  For providing photocopies of documents, papers,

30  letters, clearances, or license or insurance status reports,

31  per page.................................................$0.50

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    Florida Senate - 2004                                  SB 1200
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 1         7.  For assisting persons in searching any one

 2  individual's driver record at a terminal located at the

 3  department's general headquarters in Tallahassee.........$2.00

 4         8.  For providing electronic access to driver's license

 5  status by name, gender, and date of birth, or by driver

 6  license number, per item................................$0.50,

 7  except that information provided via the department's Internet

 8  shall be free of charge.

 9         (b)  The department shall furnish the such information

10  without charge to any local, state, or federal law enforcement

11  agency or court upon proof satisfactory to the department as

12  to the purpose of the investigation.

13         Section 13.  Subsection (2) of section 328.11, Florida

14  Statutes, is amended to read:

15         328.11  Duplicate certificate of title.--

16         (2)  In addition to the fee imposed by subsection (1),

17  the Department of Highway Safety and Motor Vehicles shall

18  charge a fee of $5 for expedited service in issuing a

19  duplicate certificate of title. Application for such expedited

20  service may be made by mail or in person.  The department

21  shall issue each certificate of title applied for under this

22  subsection within 5 working days after receipt of a proper

23  application or shall refund the additional $5 fee upon written

24  request by the applicant.

25         Section 14.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  

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    Florida Senate - 2004                                  SB 1200
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Eliminates the authority of the Department of Highway
      Safety and Motor Vehicles to expend certain funds.
 4    Authorizes the department to expend certain funds.
      Requires identity verification for certain title
 5    certificates. Directs that certain motor vehicle and
      vessel information be available free of charge on the
 6    department's website. Requires identity verification for
      certain vehicle license plates and registrations. Directs
 7    that all eligible registrants for a disabled parking
      plate be noted on the certificate. Requires identity
 8    verification for certain disabled parking permits.
      Provides provisions relating to historical license
 9    plates. Authorizes inspectors employed by the department
      to enforce certain provisions relating to off-highway
10    vehicles and vessels. Provides that certain driver's
      license information is available free of charge on the
11    department's website. Revises requirements relating to
      the issuance of a duplicate certificate of title for
12    vessels.

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