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Senate Bill 1200

Senate Bill sb1200c1

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

    By the Committee on Transportation; and Senator Sebesta





    306-2409-04

  1                      A bill to be entitled

  2         An act relating to highway safety and motor

  3         vehicles; amending s. 316.605, F.S.; clarifying

  4         that portion of a license plate which must be

  5         clear and plainly visible; amending s. 316.613,

  6         F.S.; eliminating authorization for the

  7         Department of Highway Safety and Motor Vehicles

  8         to expend certain funds; creating s. 316.6131,

  9         F.S.; authorizing the department to expend

10         certain funds; amending s. 319.29, F.S.;

11         directing the verification of identity for

12         certain title certificates; amending s. 320.01,

13         F.S.; clarifying the definition of the terms

14         "apportionable vehicle" and "commercial motor

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

16         that certain motor vehicle and vessel

17         information is available free of charge on the

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

19         correcting a cross-reference; amending s.

20         320.0607, F.S.; directing the verification of

21         identity for certain vehicle license plates and

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

23         requiring that an applicant eligible for a

24         disabled parking plate be noted on the

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

26         requiring the verification of identity for

27         certain disabled parking permits; amending s.

28         320.086, F.S.; revising provisions relating to

29         historical license plates; amending s. 320.58,

30         F.S.; authorizing inspectors employed by the

31         department to enforce certain provisions

                                  1

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         relating to off-highway vehicles and vessels;

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

 3         department to charge fees for electronic access

 4         to specified information; requiring that

 5         certain driver's license information be

 6         available free of charge on the department's

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

 8         requirements relating to the issuance of a

 9         duplicate certificate of title for vessels;

10         providing an effective date.

11  

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

13  

14         Section 1.  Subsection (1) of section 316.605, Florida

15  Statutes, is amended to read:

16         316.605  Licensing of vehicles.--

17         (1)  Every vehicle, at all times while driven, stopped,

18  or parked upon any highways, roads, or streets of this state,

19  shall be licensed in the name of the owner thereof in

20  accordance with the laws of this state unless such vehicle is

21  not required by the laws of this state to be licensed in this

22  state and shall, except as otherwise provided in s. 320.0706

23  for front-end registration license plates on truck tractors,

24  display the license plate or both of the license plates

25  assigned to it by the state, one on the rear and, if two, the

26  other on the front of the vehicle, each to be securely

27  fastened to the vehicle outside the main body of the vehicle

28  in such manner as to prevent the plates from swinging, with

29  all letters, numerals, printing, writing, and other

30  identification marks upon the plates regarding the word

31  "Florida," the registration decal, and the alphanumeric

                                  2

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1  designation shall be clear and distinct and free from

 2  defacement, mutilation, grease, and other obscuring matter, so

 3  that they will be plainly visible and legible at all times 100

 4  feet from the rear or front. Nothing shall be placed upon the

 5  face of a Florida plate except as permitted by law or by rule

 6  or regulation of a governmental agency.  No license plates

 7  other than those furnished by the state shall be used.

 8  However, if the vehicle is not required to be licensed in this

 9  state, the license plates on such vehicle issued by another

10  state, by a territory, possession, or district of the United

11  States, or by a foreign country, substantially complying with

12  the provisions hereof, shall be considered as complying with

13  this chapter. A violation of this subsection is a noncriminal

14  traffic infraction, punishable as a nonmoving violation as

15  provided in chapter 318.

16         Section 2.  Subsection (4) of section 316.613, Florida

17  Statutes, is amended to read:

18         316.613  Child restraint requirements.--

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

20  county, and local law enforcement agencies, and safety

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

22  injury from unrestrained occupancy in motor vehicles, conduct

23  a continuing safety and public awareness campaign as to the

24  magnitude of the problem.

25         (b)  The department may authorize the expenditure of

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

27  public information and education campaigns provided for in

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

29         Section 3.  Section 316.6131, Florida Statutes, is

30  created to read:

31  

                                  3

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         316.6131  Educational expenditures.--The department may

 2  authorize the expenditure of funds for the purchase of

 3  educational items as part of the public information and

 4  education campaigns promoting highway safety and awareness as

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

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

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

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

 9  Statutes, is amended to read:

10         319.29  Lost or destroyed certificates.--

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

12  that the application is signed by a person authorized to

13  receive a duplicate title certificate under this section if

14  the address shown on the application is different from the

15  address shown for the applicant on the records of the

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

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

18  the title is delivered must be verified and the documentation

19  of the verification must be maintained by the department.

20         Section 5.  Subsections (25) and (26) of section

21  320.01, Florida Statutes, are amended to read:

22         320.01  Definitions, general.--As used in the Florida

23  Statutes, except as otherwise provided, the term:

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

25  recreational vehicles, vehicles displaying restricted plates,

26  city pickup and delivery vehicles, buses used in

27  transportation of chartered parties, and government-owned

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

29  member jurisdictions that allocate or proportionally register

30  vehicles and which is used for the transportation of persons

31  

                                  4

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




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

 2  transportation of property and:

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

 4  excess of 26,001 pounds or more;

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

 6  regardless of weight; or

 7         (c)  Is used in combination, when the weight of such

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

 9  weight.

10  

11  Vehicles, or combinations thereof, having a gross vehicle

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

13  proportionally registered.

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

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

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

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

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

19  combination when the weight of the such combination is exceeds

20  26,001 pounds or more gross vehicle weight.

21         Section 6.  Subsection (3) of section 320.05, Florida

22  Statutes, is amended to read:

23         320.05  Records of the department; inspection

24  procedure; lists and searches; fees.--

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

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

27  furnish lists containing motor vehicle or vessel information

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

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

30  make photographic copies of the department records and

31  attestations thereof.

                                  5

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




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

 2  follows:

 3         1.  For providing lists of motor vehicle or vessel

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

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

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

 7         2.  For providing noncertified photographic copies of

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

 9         3.  For providing noncertified photographic copies of

10  micrographic records, $1 per page.

11         4.  For providing certified copies of motor vehicle or

12  vessel records, $3 per record.

13         5.  For providing noncertified computer-generated

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

15  record.

16         6.  For providing certified computer-generated

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

18         7.  For providing electronic access to motor vehicle,

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

20  vehicle identification number, title number, or decal number,

21  50 cents per item, except that information provided via the

22  department's Internet website is free of charge.

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

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

25  license number, 50 cents per item.

26         8.9.  For providing lists of licensed mobile home

27  dealers and manufacturers and recreational vehicle dealers and

28  manufacturers, $15 per list.

29         9.10.  For providing lists of licensed motor vehicle

30  dealers, $25 per list.

31  

                                  6

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         10.11.  For each copy of a videotape record, $15 per

 2  tape.

 3         11.12.  For each copy of the Division of Motor Vehicles

 4  Procedures Manual, $25.

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

 6  shall be deposited into the Highway Safety Operating Trust

 7  Fund.

 8         (d)  The department shall furnish the such information

 9  without charge to any court or governmental entity.

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

11  registration data is provided by electronic access through a

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

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

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

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

16  collector for the electronic access. Notwithstanding paragraph

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

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

19         Section 7.  Subsection (4) of section 320.06, Florida

20  Statutes, is amended to read:

21         320.06  Registration certificates, license plates, and

22  validation stickers generally.--

23         (4)  The corporation organized under chapter 946 may

24  manufacture license plates, validation stickers, and decals,

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

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

27  Motor Vehicles as provided in this chapter and chapter 328

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

29  not required to obtain competitive bids in order to contract

30  with the corporation.

31  

                                  7

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         Section 8.  Section 320.0607, Florida Statutes, is

 2  amended to read:

 3         320.0607  Replacement license plates, validation decal,

 4  or mobile home sticker.--

 5         (1)  A Any law enforcement officer or department

 6  license and registration inspector may at any time inspect a

 7  license plate or validation decal for proper display and

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

 9  plate or decal may be required to be replaced.

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

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

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

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

14  department for a replacement. The application shall contain

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

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

17  application includes a copy of the police report prepared in

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

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

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

21  that the replacement application is signed by a person

22  authorized to receive a replacement license plate or duplicate

23  registration if the address on the application is different

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

25  department. If the replacement license plate or registration

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

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

28  physical documentation of the verification must be maintained

29  by the department.

30         (4)(3)  Except as provided in subsection (2), in all

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

                                  8

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




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

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

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

 4  application is true. The replacement fee shall be deposited

 5  into the Highway Safety Operating Trust Fund.

 6         (5)(4)  Any license plate, sticker, or decal lost in

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

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

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

10  a replacement must shall contain a statement that the license

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

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

13         (6)(5)  Upon the issuance of an original license plate,

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

15  Highway Safety Operating Trust Fund.

16         (7)(6)  All funds derived from the sale of temporary

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

18  the Highway Safety Operating Trust Fund.

19         Section 9.  Section 320.0843, Florida Statutes, is

20  amended to read:

21         320.0843  License plates for persons with disabilities

22  eligible for permanent disabled parking permits.--

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

24  resides in this state and qualifies for a disabled parking

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

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

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

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

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

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

31  the international wheelchair user symbol after the serial

                                  9

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




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

 2  person to all privileges afforded by a parking permit issued

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

 4  the registration issued under this section, the eligible

 5  applicant for the license plate shall be noted on the

 6  registration certificate.

 7         (2)  All applications for these such license plates

 8  must be made to the department.

 9         Section 10.  Paragraph (f) of subsection (2) of section

10  320.0848, Florida Statutes, is amended to read:

11         320.0848  Persons who have disabilities; issuance of

12  disabled parking permits; temporary permits; permits for

13  certain providers of transportation services to persons who

14  have disabilities.--

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

16  MOBILITY PROBLEMS.--

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

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

19  application on a form prescribed by the department and must

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

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

22  application a police report documenting that the permit was

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

24  implement a system to verify that the application for a

25  disabled parking permit is signed by a person authorized to

26  receive a replacement or duplicate disabled parking permit if

27  the address on the application is different from the address

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

29  replacement or duplicate disabled parking permit is being

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

31  identity for that person must be verified and the physical

                                  10

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1  documentation of the verification must be maintained by the

 2  department.

 3         Section 11.  Subsection (4) of section 320.086, Florida

 4  Statutes, is amended to read:

 5         320.086  Ancient or antique motor vehicles; "horseless

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

 7         (4)  Any person who is the registered owner of a motor

 8  vehicle as defined in this section and manufactured in the

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

10  for permission to use a historical Florida license plate that

11  clearly represents the model year of the vehicle as a

12  personalized prestige license plate. This plate shall be

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

14  department with a reasonable fee to be determined by the

15  department for approval and for authentication that the

16  historic license plate and any applicable decals were issued

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

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

19  historical plates authorized under this subsection.

20         Section 12.  Section 320.58, Florida Statutes, is

21  amended to read:

22         320.58  License inspectors; powers, appointment.--

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

24  inspectors and supervisors as it deems necessary to enforce

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

26  324, and 328. In order to enforce the provisions of these

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

28  owned and privately owned property and to issue uniform

29  traffic citations to persons found in violation thereof. The

30  department is further empowered to delegate the power to issue

31  uniform traffic citations to persons acting as its agents for

                                  11

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1  the purpose of enforcing the registration provisions of this

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

 3  personnel employed by district school boards as agreed to by

 4  the school board and the county tax collector.

 5         (b)  License inspectors appointed under pursuant to

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

 7  be considered for membership in the state high-risk retirement

 8  program.

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

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

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

12  authorized agent of the department commits is guilty of a

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

14  775.082 or s. 775.083.

15         Section 13.  Subsection (11) of section 322.20, Florida

16  Statutes, is amended to read:

17         322.20  Records of the department; fees; destruction of

18  records.--

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

20  following fees for the following services and documents:

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

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

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

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

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

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

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

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

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

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

31  individual...............................................$3.10

                                  12

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         4.  For providing a certified photographic copy of a

 2  document, per page.......................................$1.00

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

 4         6.  For providing photocopies of documents, papers,

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

 6  per page.................................................$0.50

 7         7.  For assisting persons in searching any one

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

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

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

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

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

13  except that information provided via the department's Internet

14  shall be free of charge.

15         (b)  The department shall furnish the such information

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

17  agency or court upon proof satisfactory to the department as

18  to the purpose of the investigation.

19         Section 14.  Subsection (2) of section 328.11, Florida

20  Statutes, is amended to read:

21         328.11  Duplicate certificate of title.--

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

23  the Department of Highway Safety and Motor Vehicles shall

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

25  duplicate certificate of title. Application for such expedited

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

27  shall issue each certificate of title applied for under this

28  subsection within 5 working days after receipt of a proper

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

30  request by the applicant.

31  

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    Florida Senate - 2004                           CS for SB 1200
    306-2409-04




 1         Section 15.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 1200

 6                                 

 7  This CS clarifies that portion of the license plate which must
    be clear and plainly visible.  Specifically, the word
 8  "Florida," the registration decal and the alphanumeric
    designation must be plainly visible and free from obscuring
 9  objects.

10  

11  

12  

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14  

15  

16  

17  

18  

19  

20  

21  

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24  

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                                  14

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