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Senate Bill 1200

Senate Bill sb1200c2

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    Florida Senate - 2004                    CS for CS for SB 1200

    By the Committees on Finance and Taxation; Transportation; and
    Senator Sebesta




    314-2567-04

  1                      A bill to be entitled

  2         An act relating to highway and vessel safety;

  3         amending s. 316.085, F.S.; prohibiting driving

  4         outside of authorized lanes or within pavement

  5         markings or traffic control devices except

  6         where explicitly permitted; providing

  7         exceptions; prohibiting vehicles from entering

  8         queues of certain slow-moving traffic; amending

  9         s. 316.605, F.S.; clarifying that portion of a

10         license plate which must be clear and plainly

11         visible; amending s. 316.613, F.S.; eliminating

12         authorization for the Department of Highway

13         Safety and Motor Vehicles to expend certain

14         funds; creating s. 316.6131, F.S.; authorizing

15         the department to expend certain funds;

16         amending s. 318.1451, F.S.; conforming

17         provisions to changes made by the act; amending

18         s. 319.29, F.S.; directing the verification of

19         identity for certain title certificates;

20         amending s. 320.01, F.S.; clarifying the

21         definition of the terms "apportionable vehicle"

22         and "commercial motor vehicle"; amending s.

23         320.05, F.S.; providing that certain motor

24         vehicle and vessel information is available

25         free of charge on the department's website;

26         amending s. 320.06, F.S.; correcting a

27         cross-reference; amending s. 320.0607, F.S.;

28         directing the verification of identity for

29         certain vehicle license plates and

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

31         requiring that an applicant eligible for a

                                  1

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 1         disabled parking plate be noted on the

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

 3         requiring the verification of identity for

 4         certain disabled parking permits; amending s.

 5         320.086, F.S.; revising provisions relating to

 6         historical license plates; amending s. 320.58,

 7         F.S.; authorizing inspectors employed by the

 8         department to enforce certain provisions

 9         relating to off-highway vehicles and vessels;

10         amending s. 322.025, F.S.; authorizing the

11         department to offer a once-in-a-lifetime

12         opportunity to attend a basic driver

13         improvement course for drivers who meet certain

14         criteria; requiring the department to deduct

15         points from a driver's record upon proof of

16         completion of the basic driver improvement

17         course; requiring the department to record on

18         the driver's record that the offer of the

19         improvement course has been accepted and used;

20         providing that this opportunity is not

21         available to any driver who has attended a

22         basic driver improvement course within the

23         previous 12 months; amending s. 322.09, F.S.;

24         requiring the signature of a secondary guardian

25         on a driver's license application for a minor

26         under certain circumstances; amending s.

27         322.11, F.S.; providing for notice to a minor

28         before canceling the minor's license due to the

29         death of or withdrawal of consent by the person

30         who co-signed the initial application; amending

31         s. 322.20, F.S.; authorizing the department to

                                  2

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 1         charge fees for electronic access to specified

 2         information; requiring that certain driver's

 3         license information be available free of charge

 4         on the department's website; creating s.

 5         327.375, F.S.; regulating commercial

 6         parasailing; amending s. 328.11, F.S.; revising

 7         requirements relating to the issuance of a

 8         duplicate certificate of title for vessels;

 9         providing an effective date.

10  

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

12  

13         Section 1.  Present subsection (3) of section 316.085,

14  Florida Statutes, is redesignated as subsection (5), and new

15  subsections (3) and (4) are added to that section, to read:

16         316.085  Limitations on overtaking, passing, changing

17  lanes and changing course.--

18         (3)  A motor vehicle may not be driven outside of the

19  authorized lane of travel or over, across, or within a

20  pavement marking or traffic control device for the purpose of

21  overtaking or passing another vehicle except where the

22  pavement marking or traffic control device explicitly permits

23  such overtaking or passing. This prohibition does not apply to

24  maneuvers taken to avoid disabled vehicles or obstructions.

25         (4)  A motor vehicle may not be driven from a direct

26  course in a lane on a highway until the driver has determined

27  that the vehicle is not entering a vehicular queue at a point

28  ahead of the last vehicle in the queue. As used in this

29  subsection, the term "queue" means more than one vehicle

30  proceeding in the same direction, traveling at less than the

31  posted speed limit, and aligned in one or more lanes for the

                                  3

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 1  purpose of exiting or entering a roadway, merging, or

 2  traveling through a designated construction zone.

 3         Section 2.  Subsection (1) of section 316.605, Florida

 4  Statutes, is amended to read:

 5         316.605  Licensing of vehicles.--

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

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

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

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

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

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

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

13  display the license plate or both of the license plates

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

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

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

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

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

19  identification marks upon the plates regarding the word

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

21  designation shall be clear and distinct and free from

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

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

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

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

26  or regulation of a governmental agency.  No license plates

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

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

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

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

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

                                  4

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 1  the provisions hereof, shall be considered as complying with

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

 3  traffic infraction, punishable as a nonmoving violation as

 4  provided in chapter 318.

 5         Section 3.  Subsection (4) of section 316.613, Florida

 6  Statutes, is amended to read:

 7         316.613  Child restraint requirements.--

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

 9  county, and local law enforcement agencies, and safety

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

11  injury from unrestrained occupancy in motor vehicles, conduct

12  a continuing safety and public awareness campaign as to the

13  magnitude of the problem.

14         (b)  The department may authorize the expenditure of

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

16  public information and education campaigns provided for in

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

18         Section 4.  Section 316.6131, Florida Statutes, is

19  created to read:

20         316.6131  Educational expenditures.--The department may

21  authorize the expenditure of funds for the purchase of

22  educational items as part of the public information and

23  education campaigns promoting highway safety and awareness as

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

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

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

27         Section 5.  Subsection (4) of section 318.1451, Florida

28  Statutes, is amended to read:

29         318.1451  Driver improvement schools.--

30         (4)  In addition to a regular course fee, an assessment

31  fee in the amount of $2.50 shall be collected by the school

                                  5

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 1  from each person who elects to attend a course, as it relates

 2  to ss. 318.14(9), 322.025(2), 322.0261, 322.291, and

 3  627.06501, which shall be remitted to the Department of

 4  Highway Safety and Motor Vehicles and deposited in the Highway

 5  Safety Operating Trust Fund to administer this program and to

 6  fund the general operations of the department.

 7         Section 6.  Subsection (4) of section 319.29, Florida

 8  Statutes, is amended to read:

 9         319.29  Lost or destroyed certificates.--

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

11  that the application is signed by a person authorized to

12  receive a duplicate title certificate under this section if

13  the address shown on the application is different from the

14  address shown for the applicant on the records of the

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

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

17  the title is delivered must be verified and the documentation

18  of the verification must be maintained by the department.

19         Section 7.  Subsections (25) and (26) of section

20  320.01, Florida Statutes, are amended to read:

21         320.01  Definitions, general.--As used in the Florida

22  Statutes, except as otherwise provided, the term:

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

24  recreational vehicles, vehicles displaying restricted plates,

25  city pickup and delivery vehicles, buses used in

26  transportation of chartered parties, and government-owned

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

28  member jurisdictions that allocate or proportionally register

29  vehicles and which is used for the transportation of persons

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

31  transportation of property and:

                                  6

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

 2  excess of 26,001 pounds or more;

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

 4  regardless of weight; or

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

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

 7  weight.

 8  

 9  Vehicles, or combinations thereof, having a gross vehicle

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

11  proportionally registered.

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

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

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

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

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

17  combination when the weight of the such combination is exceeds

18  26,001 pounds or more gross vehicle weight.

19         Section 8.  Subsection (3) of section 320.05, Florida

20  Statutes, is amended to read:

21         320.05  Records of the department; inspection

22  procedure; lists and searches; fees.--

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

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

25  furnish lists containing motor vehicle or vessel information

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

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

28  make photographic copies of the department records and

29  attestations thereof.

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

31  follows:

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 1         1.  For providing lists of motor vehicle or vessel

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

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

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

 5         2.  For providing noncertified photographic copies of

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

 7         3.  For providing noncertified photographic copies of

 8  micrographic records, $1 per page.

 9         4.  For providing certified copies of motor vehicle or

10  vessel records, $3 per record.

11         5.  For providing noncertified computer-generated

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

13  record.

14         6.  For providing certified computer-generated

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

16         7.  For providing electronic access to motor vehicle,

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

18  vehicle identification number, title number, or decal number,

19  50 cents per item, except that information provided via the

20  department's Internet website is free of charge.

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

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

23  license number, 50 cents per item.

24         8.9.  For providing lists of licensed mobile home

25  dealers and manufacturers and recreational vehicle dealers and

26  manufacturers, $15 per list.

27         9.10.  For providing lists of licensed motor vehicle

28  dealers, $25 per list.

29         10.11.  For each copy of a videotape record, $15 per

30  tape.

31  

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 1         11.12.  For each copy of the Division of Motor Vehicles

 2  Procedures Manual, $25.

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

 4  shall be deposited into the Highway Safety Operating Trust

 5  Fund.

 6         (d)  The department shall furnish the such information

 7  without charge to any court or governmental entity.

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

 9  registration data is provided by electronic access through a

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

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

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

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

14  collector for the electronic access. Notwithstanding paragraph

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

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

17         Section 9.  Subsection (4) of section 320.06, Florida

18  Statutes, is amended to read:

19         320.06  Registration certificates, license plates, and

20  validation stickers generally.--

21         (4)  The corporation organized under chapter 946 may

22  manufacture license plates, validation stickers, and decals,

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

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

25  Motor Vehicles as provided in this chapter and chapter 328

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

27  not required to obtain competitive bids in order to contract

28  with the corporation.

29         Section 10.  Section 320.0607, Florida Statutes, is

30  amended to read:

31  

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 1         320.0607  Replacement license plates, validation decal,

 2  or mobile home sticker.--

 3         (1)  A Any law enforcement officer or department

 4  license and registration inspector may at any time inspect a

 5  license plate or validation decal for proper display and

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

 7  plate or decal may be required to be replaced.

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

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

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

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

12  department for a replacement. The application shall contain

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

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

15  application includes a copy of the police report prepared in

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

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

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

19  that the replacement application is signed by a person

20  authorized to receive a replacement license plate or duplicate

21  registration if the address on the application is different

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

23  department. If the replacement license plate or registration

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

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

26  physical documentation of the verification must be maintained

27  by the department.

28         (4)(3)  Except as provided in subsection (2), in all

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

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

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

                                  10

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

 2  application is true. The replacement fee shall be deposited

 3  into the Highway Safety Operating Trust Fund.

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

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

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

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

 8  a replacement must shall contain a statement that the license

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

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

11         (6)(5)  Upon the issuance of an original license plate,

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

13  Highway Safety Operating Trust Fund.

14         (7)(6)  All funds derived from the sale of temporary

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

16  the Highway Safety Operating Trust Fund.

17         Section 11.  Section 320.0843, Florida Statutes, is

18  amended to read:

19         320.0843  License plates for persons with disabilities

20  eligible for permanent disabled parking permits.--

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

22  resides in this state and qualifies for a disabled parking

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

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

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

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

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

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

29  the international wheelchair user symbol after the serial

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

31  person to all privileges afforded by a parking permit issued

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

 2  the registration issued under this section, the eligible

 3  applicant for the license plate shall be noted on the

 4  registration certificate.

 5         (2)  All applications for these such license plates

 6  must be made to the department.

 7         Section 12.  Paragraph (f) of subsection (2) of section

 8  320.0848, Florida Statutes, is amended to read:

 9         320.0848  Persons who have disabilities; issuance of

10  disabled parking permits; temporary permits; permits for

11  certain providers of transportation services to persons who

12  have disabilities.--

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

14  MOBILITY PROBLEMS.--

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

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

17  application on a form prescribed by the department and must

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

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

20  application a police report documenting that the permit was

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

22  implement a system to verify that the application for a

23  disabled parking permit is signed by a person authorized to

24  receive a replacement or duplicate disabled parking permit if

25  the address on the application is different from the address

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

27  replacement or duplicate disabled parking permit is being

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

29  identity for that person must be verified and the physical

30  documentation of the verification must be maintained by the

31  department.

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 1         Section 13.  Subsection (4) of section 320.086, Florida

 2  Statutes, is amended to read:

 3         320.086  Ancient or antique motor vehicles; "horseless

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

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

 6  vehicle as defined in this section and manufactured in the

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

 8  for permission to use a historical Florida license plate that

 9  clearly represents the model year of the vehicle as a

10  personalized prestige license plate. This plate shall be

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

12  department with a reasonable fee to be determined by the

13  department for approval and for authentication that the

14  historic license plate and any applicable decals were issued

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

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

17  historical plates authorized under this subsection.

18         Section 14.  Section 320.58, Florida Statutes, is

19  amended to read:

20         320.58  License inspectors; powers, appointment.--

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

22  inspectors and supervisors as it deems necessary to enforce

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

24  324, and 328. In order to enforce the provisions of these

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

26  owned and privately owned property and to issue uniform

27  traffic citations to persons found in violation thereof. The

28  department is further empowered to delegate the power to issue

29  uniform traffic citations to persons acting as its agents for

30  the purpose of enforcing the registration provisions of this

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

                                  13

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 1  personnel employed by district school boards as agreed to by

 2  the school board and the county tax collector.

 3         (b)  License inspectors appointed under pursuant to

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

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

 6  program.

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

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

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

10  authorized agent of the department commits is guilty of a

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

12  775.082 or s. 775.083.

13         Section 15.  Section 322.025, Florida Statutes, is

14  amended to read:

15         322.025  Driver improvement.--

16         (1)  The department may implement programs to improve

17  the driving ability of the drivers of this state.  Such

18  programs may include, but are shall not be limited to, safety

19  awareness campaigns, driver training, and licensing

20  improvement.  Motorcycle driver improvement programs

21  implemented under pursuant to this section or s. 322.0255

22  shall be funded by the motorcycle safety education fee

23  collected under pursuant to s. 320.08(1)(c), which shall be

24  deposited in the Highway Safety Operating Trust Fund of the

25  department and appropriated for that purpose.

26         (2)  The department may offer once during a driver's

27  lifetime to each driver who receives a points-warning letter

28  under s. 322.27(3)(f) or a restriction letter under s. 322.161

29  the opportunity to attend, within 60 days after the date of

30  such letter, a basic driver improvement course approved by the

31  department. If the driver completes an approved course and

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 1  presents proof of completion to the department, the department

 2  shall deduct three points from the citation that caused the

 3  action from the driver's record and permanently record on the

 4  driver's record that the one-time offer has been accepted and

 5  used. This election is not available to any driver who has

 6  attended a basic driver improvement course within the previous

 7  12 months.

 8         Section 16.  Paragraph (a) of subsection (1) of section

 9  322.09, Florida Statutes, is amended to read:

10         322.09  Application of minors; responsibility for

11  negligence or misconduct of minor.--

12         (1)(a)  The application of any person under the age of

13  18 years for a driver's license must be signed and verified

14  before a person authorized to administer oaths by the father,

15  mother, or guardian, by a secondary guardian if the primary

16  guardian dies before the minor reaches 18 years of age, or, if

17  there is no parent or guardian, by another responsible adult

18  who is willing to assume the obligation imposed under this

19  chapter upon a person signing the application of a minor.

20  This section does not apply to a person under the age of 18

21  years who is emancipated by marriage.

22         Section 17.  Section 322.11, Florida Statutes, is

23  amended to read:

24         322.11  Revocation of license upon death of person

25  signing minor's application.--The department, upon receipt of

26  satisfactory evidence of the death of the person who signed

27  the application of a minor for a license, shall, 90 days after

28  giving written notice to the minor, cancel such license and

29  may shall not issue a new license until such time as the new

30  application, duly signed and verified, is made as required by

31  

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 1  this chapter.  This provision does shall not apply if in the

 2  event the minor has attained the age of 18 years.

 3         Section 18.  Subsection (11) of section 322.20, Florida

 4  Statutes, is amended to read:

 5         322.20  Records of the department; fees; destruction of

 6  records.--

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

 8  following fees for the following services and documents:

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

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

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

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

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

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

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

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

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

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

19  individual...............................................$3.10

20         4.  For providing a certified photographic copy of a

21  document, per page.......................................$1.00

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

23         6.  For providing photocopies of documents, papers,

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

25  per page.................................................$0.50

26         7.  For assisting persons in searching any one

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

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

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

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

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

                                  16

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    Florida Senate - 2004                    CS for CS for SB 1200
    314-2567-04




 1  except that information provided via the department's Internet

 2  shall be free of charge.

 3         (b)  The department shall furnish the such information

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

 5  agency or court upon proof satisfactory to the department as

 6  to the purpose of the investigation.

 7         Section 19.  Section 327.375, Florida Statutes, is

 8  created to read:

 9         327.375  Commercial parasailing.--

10         (1)  Notwithstanding the provisions of s. 327.37,

11  commercial parasailing is permitted on the waters of the state

12  except where prohibited by this section or by local ordinance.

13         (2)  "Commercial parasailing" means any device for hire

14  with a rider towed by a power vessel by means of a tow rope

15  where the rider ascends into the air by the tow line being

16  extended from the vessel and remains suspended in the air as

17  the vessel runs its course.

18         (3)  The commission shall regulate the use of

19  commercial parasailing by requiring, at a minimum, the

20  licensing of persons engaged in commercial parasailing and by

21  requiring minimum liability insurance necessary for commercial

22  parasailing. The commission may impose a fee to be established

23  by rule, not to exceed $500, for recovering the associated

24  costs of regulating commercial parasailing.

25         (4)  Any person engaged in commercial parasailing

26  operations shall meet the following operation requirements:

27         (a)  Vessels engaged in commercial parasailing

28  operations must be designed by the manufacturer for towing a

29  rider, and must be equipped with a rear launch platform and

30  powered winch used to release and retrieve the tow line.

31  

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    Florida Senate - 2004                    CS for CS for SB 1200
    314-2567-04




 1         (b)  All commercial parasail operators shall have a

 2  captain's license for carrying passengers for hire issued by

 3  the United States Coast Guard.

 4         (c)  All commercial parasailing operations shall

 5  include an observer 18 years of age or older at all times to

 6  monitor the progress of the airborne parasail rider and

 7  parachute.

 8         (d)  All commercial parasail riders shall wear a United

 9  States Coast Guard approved type I, type II, or type III

10  personal flotation device of the proper size and must be

11  connected to the tow line and secured in a seat harness

12  attached to an ascending type of parachute.

13         (e)  Commercial parasailing conducted in the Atlantic

14  Ocean and the Gulf of Mexico shall be restricted to not less

15  than three-eights nautical mile from the shore. This

16  restriction applies to the entire commercial parasailing

17  apparatus, including the vessel tow line and rider.

18         (f)  No commercial parasailing shall be permitted

19  within 600 feet of bridge span, concrete bridge supports,

20  barriers, other vessels, or persons in the water.

21         (g)  Commercial parasailing shall not be permitted on

22  bodies of water less than 1,200 feet in width from shore to

23  shore.

24         (h)  All commercial parasailing towing vessels shall be

25  equipped with a functional VHF radio.

26         (i)  Commercial parasailing shall be conducted only

27  from one-half hour after sunrise to one-half hour before

28  sunset, and at no time during restricted visibility.

29         (j)  Commercial parasailing is prohibited when

30  sustained winds are 25 knots or more and seas are 5 feet or

31  higher in the area of operation.

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    Florida Senate - 2004                    CS for CS for SB 1200
    314-2567-04




 1         (k)  Tow lines may not exceed 500 feet in length.

 2         (l)  Persons who are intending to provide commercial

 3  parasailing shall notify the sheriff of the county nearest the

 4  area of operation 24 hours in advance.

 5         (m)  Commercial parasail operators shall launch riders

 6  only from the flight deck of the vessels.

 7         (5)  A person convicted of violating this section

 8  commits a misdemeanor of the second degree, punishable as

 9  provided in s. 775.082 or s. 775.083.

10         Section 20.  Subsection (2) of section 328.11, Florida

11  Statutes, is amended to read:

12         328.11  Duplicate certificate of title.--

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

14  the Department of Highway Safety and Motor Vehicles shall

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

16  duplicate certificate of title. Application for such expedited

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

18  shall issue each certificate of title applied for under this

19  subsection within 5 working days after receipt of a proper

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

21  request by the applicant.

22         Section 21.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

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    Florida Senate - 2004                    CS for CS for SB 1200
    314-2567-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1200

 3                                 

 4  The committee substitute prohibits driving outside of
    authorized travel lanes or without pavement markings or
 5  traffic control devices for the purpose of overtaking or
    passing another vehicle except where explicitly permitted.
 6  
    The committee substitute prohibits a motor vehicle from being
 7  driven from a direct course in a lane on a highway until the
    driver has determined that the vehicle is not entering a
 8  vehicular queue at a point ahead of the last vehicle in the
    queue. The term "queue" is defined.
 9  
    The committee substitute requires the signature of a secondary
10  guardian on a driver's license application for a minor if the
    primary guardian dies before the minor reaches 18 years of
11  age. In addition, the DHSMV must provide 90 days notice to a
    minor before canceling the minor's license due to the death or
12  withdrawal of consent by the person who co-signed the initial
    driver's license application.
13  
    The committee substitute provides for the regulation of
14  commercial parasailing by the Fish and Wildlife Conservation
    Commission.
15  
    The committee substitute allows the DHSMV to offer once during
16  a driver's lifetime, the opportunity to attend drivers school
    after the driver receives a points-warning letter.
17  

18  

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23  

24  

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