Bill Text: FL S1678 | 2024 | Regular Session | Introduced
Bill Title: Taxes, Fines, and Fees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Transportation [S1678 Detail]
Download: Florida-2024-S1678-Introduced.html
Florida Senate - 2024 SB 1678
By Senator Gruters
22-01439A-24 20241678__
1 A bill to be entitled
2 An act relating to taxes, fines, and fees; amending s.
3 212.055, F.S.; deleting a provision allowing the
4 indigent care and trauma center surtax to be levied
5 without a majority vote of electors; repealing s.
6 319.32, F.S., relating to fees for certificates of
7 title and disposition thereof; repealing s. 339.0801,
8 F.S., relating to allocation of increased revenues;
9 amending s. 319.20, F.S.; restoring provisions
10 relating to the payment of funds collected by a county
11 officer into the State Treasury; amending ss. 215.211,
12 319.23, 319.24, 319.27, 319.28, 319.29, 319.323,
13 319.324, 320.04, and 379.209, F.S.; conforming
14 provisions to changes made by the act; repealing ss.
15 320.08 and 320.08001, F.S., relating to license taxes;
16 repealing ss. 320.08015, 320.0802, 320.0804, and
17 320.08046, F.S., relating to surcharges on license
18 taxes; repealing ss. 320.08047, 320.081, 320.10,
19 320.14, 320.15, 320.20, 320.405, and 339.0803, F.S.,
20 relating to a voluntary contribution for organ and
21 tissue donor education, collection and distribution of
22 annual license tax on certain units, exemptions,
23 fractional license tax, refund of license tax,
24 disposition of license tax moneys, International
25 Registration Plan records and hearings, and allocation
26 of increased revenues, respectively; amending ss.
27 193.075, 212.05, 212.0601, 215.22, 215.615, 282.709,
28 311.07, 311.09, 316.251, 316.261, 316.515, 316.545,
29 316.550, 320.01, 320.03, 320.055, 320.06, 320.0609,
30 320.0655, 320.0657, 320.0659, 320.07, 320.0705,
31 320.071, 320.072, 320.0801, 320.0803, 320.08035,
32 320.0805, 320.08056, 320.08058, 320.08068, 320.0815,
33 320.0821, 320.083, 320.0843, 320.0847, 320.086,
34 320.0863, 320.0875, 320.089, 320.0891, 320.0892,
35 320.0893, 320.0894, 320.102, 320.13, 320.133, 320.203,
36 320.27, 320.57, 320.771, 322.025, 322.0255, 339.139,
37 553.382, and 765.5155, F.S.; conforming provisions to
38 changes made by the act; amending s. 322.21, F.S.;
39 eliminating fees for original, renewal, and
40 replacement driver licenses and identification cards,
41 certain driver license endorsements, reinstatement of
42 driver licenses, and certain requests for review or
43 hearing; removing provisions relating to collection,
44 deposit, and use of such fees; amending ss. 322.051,
45 322.14, 322.17, 322.18, 322.251, 322.29, and 1003.48,
46 F.S.; conforming provisions to changes made by the
47 act; amending s. 601.15, F.S.; revising a specified
48 assessment on citrus; revising procedures for payment
49 of certain assessments; amending ss. 601.041, 601.13,
50 601.152, and 601.155, F.S.; conforming provisions to
51 changes made by the act; repealing s. 97.05831, F.S.,
52 relating to voter registration applications made
53 available to the Fish and Wildlife Conservation
54 Commission; repealing s. 258.0145, F.S., relating to
55 military, law enforcement, and firefighter state park
56 fee discounts; repealing s. 379.2213, F.S., relating
57 to management area permit revenues; repealing s.
58 379.3502, F.S., relating to nontransferable
59 recreational hunting and fishing licenses and permits;
60 repealing ss. 379.3503 and 379.3504, F.S., relating to
61 providing false statements and information on
62 recreational hunting and fishing applications,
63 licenses, and permits; repealing s. 379.3511, F.S.,
64 relating to the appointment of subagents for the sale
65 of recreational hunting, fishing, and trapping
66 licenses and permits; repealing s. 379.3512, F.S.,
67 relating to competitive bidding for the sale of
68 licenses, permits, and authorizations; repealing s.
69 379.352, F.S., relating to recreational licenses,
70 permits, and authorizations to take wild animal life,
71 freshwater aquatic life, and marine life; repealing s.
72 379.353, F.S., relating to exemptions from fees and
73 requirements for recreational hunting and fishing
74 licenses and permits; repealing s. 379.354, F.S.,
75 relating to recreational hunting and fishing licenses,
76 permits, and authorizations; repealing s. 379.356,
77 F.S., relating to fish pond licenses; repealing s.
78 379.357, F.S., relating to the Fish and Wildlife
79 Conservation Commission license program for tarpon;
80 repealing s. 379.3581, F.S., relating to hunter safety
81 course requirements; repealing s. 379.359, F.S.,
82 relating to voluntary contributions to Southeastern
83 Guide Dogs, Inc.; repealing s. 938.04, F.S., relating
84 to court costs for criminal offenses to provide
85 compensation to victims of crimes; repealing s.
86 938.06, F.S., relating to court costs for criminal
87 offenses to fund crime stoppers programs; repealing s.
88 938.15, F.S., relating to criminal justice education
89 for local governments; amending ss. 16.555 and 212.06,
90 F.S.; conforming provisions to changes made by the
91 act; amending s. 258.014, F.S.; removing the authority
92 of the Division of Parks and Recreation within the
93 Department of Environmental Protection to set fees for
94 the use of state parks; amending ss. 258.0142, 318.18,
95 318.21, 327.73, 379.203, 379.207, 379.208, 379.2201,
96 379.2255, 379.363, 379.3501, 379.3582, 379.3712,
97 379.3751, 379.401, 790.0655, 938.01, and 943.25, F.S.;
98 conforming provisions to changes made by the act;
99 providing an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Paragraph (a) of subsection (4) of section
104 212.055, Florida Statutes, is amended to read:
105 212.055 Discretionary sales surtaxes; legislative intent;
106 authorization and use of proceeds.—It is the legislative intent
107 that any authorization for imposition of a discretionary sales
108 surtax shall be published in the Florida Statutes as a
109 subsection of this section, irrespective of the duration of the
110 levy. Each enactment shall specify the types of counties
111 authorized to levy; the rate or rates which may be imposed; the
112 maximum length of time the surtax may be imposed, if any; the
113 procedure which must be followed to secure voter approval, if
114 required; the purpose for which the proceeds may be expended;
115 and such other requirements as the Legislature may provide.
116 Taxable transactions and administrative procedures shall be as
117 provided in s. 212.054.
118 (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.—
119 (a)1. The governing body in each county the government of
120 which is not consolidated with that of one or more
121 municipalities, which has a population of at least 800,000
122 residents and is not authorized to levy a surtax under
123 subsection (5), may levy, pursuant to an ordinance either
124 approved by an extraordinary vote of the governing body or
125 conditioned to take effect only upon approval by a majority vote
126 of the electors of the county voting in a referendum, a
127 discretionary sales surtax at a rate that may not exceed 0.5
128 percent.
129 2. If the ordinance is conditioned on a referendum, A
130 statement that includes a brief and general description of the
131 purposes to be funded by the surtax and that conforms to the
132 requirements of s. 101.161 shall be placed on the ballot by the
133 governing body of the county. The following questions shall be
134 placed on the ballot:
135 FOR THE. . . .CENTS TAX
136 AGAINST THE. . . .CENTS TAX
137 3. The ordinance adopted by the governing body providing
138 for the imposition of the surtax shall set forth a plan for
139 providing health care services to qualified residents, as
140 defined in subparagraph 4. Such plan and subsequent amendments
141 to it shall fund a broad range of health care services for both
142 indigent persons and the medically poor, including, but not
143 limited to, primary care and preventive care as well as hospital
144 care. The plan must also address the services to be provided by
145 the Level I trauma center. It shall emphasize a continuity of
146 care in the most cost-effective setting, taking into
147 consideration both a high quality of care and geographic access.
148 Where consistent with these objectives, it shall include,
149 without limitation, services rendered by physicians, clinics,
150 community hospitals, mental health centers, and alternative
151 delivery sites, as well as at least one regional referral
152 hospital where appropriate. It shall provide that agreements
153 negotiated between the county and providers, including hospitals
154 with a Level I trauma center, will include reimbursement
155 methodologies that take into account the cost of services
156 rendered to eligible patients, recognize hospitals that render a
157 disproportionate share of indigent care, provide other
158 incentives to promote the delivery of charity care, promote the
159 advancement of technology in medical services, recognize the
160 level of responsiveness to medical needs in trauma cases, and
161 require cost containment including, but not limited to, case
162 management. It must also provide that any hospitals that are
163 owned and operated by government entities on May 21, 1991, must,
164 as a condition of receiving funds under this subsection, afford
165 public access equal to that provided under s. 286.011 as to
166 meetings of the governing board, the subject of which is
167 budgeting resources for the rendition of charity care as that
168 term is defined in the Florida Hospital Uniform Reporting System
169 (FHURS) manual referenced in s. 408.07. The plan shall also
170 include innovative health care programs that provide cost
171 effective alternatives to traditional methods of service
172 delivery and funding.
173 4. For the purpose of this paragraph, the term “qualified
174 resident” means residents of the authorizing county who are:
175 a. Qualified as indigent persons as certified by the
176 authorizing county;
177 b. Certified by the authorizing county as meeting the
178 definition of the medically poor, defined as persons having
179 insufficient income, resources, and assets to provide the needed
180 medical care without using resources required to meet basic
181 needs for shelter, food, clothing, and personal expenses; or not
182 being eligible for any other state or federal program, or having
183 medical needs that are not covered by any such program; or
184 having insufficient third-party insurance coverage. In all
185 cases, the authorizing county is intended to serve as the payor
186 of last resort; or
187 c. Participating in innovative, cost-effective programs
188 approved by the authorizing county.
189 5. Moneys collected pursuant to this paragraph remain the
190 property of the state and shall be distributed by the Department
191 of Revenue on a regular and periodic basis to the clerk of the
192 circuit court as ex officio custodian of the funds of the
193 authorizing county. The clerk of the circuit court shall:
194 a. Maintain the moneys in an indigent health care trust
195 fund;
196 b. Invest any funds held on deposit in the trust fund
197 pursuant to general law;
198 c. Disburse the funds, including any interest earned, to
199 any provider of health care services, as provided in
200 subparagraphs 3. and 4., upon directive from the authorizing
201 county. However, if a county has a population of at least
202 800,000 residents and has levied the surtax authorized in this
203 paragraph, notwithstanding any directive from the authorizing
204 county, on October 1 of each calendar year, the clerk of the
205 court shall issue a check in the amount of $6.5 million to a
206 hospital in its jurisdiction that has a Level I trauma center or
207 shall issue a check in the amount of $3.5 million to a hospital
208 in its jurisdiction that has a Level I trauma center if that
209 county enacts and implements a hospital lien law in accordance
210 with chapter 98-499, Laws of Florida. The issuance of the checks
211 on October 1 of each year is provided in recognition of the
212 Level I trauma center status and shall be in addition to the
213 base contract amount received during fiscal year 1999-2000 and
214 any additional amount negotiated to the base contract. If the
215 hospital receiving funds for its Level I trauma center status
216 requests such funds to be used to generate federal matching
217 funds under Medicaid, the clerk of the court shall instead issue
218 a check to the Agency for Health Care Administration to
219 accomplish that purpose to the extent that it is allowed through
220 the General Appropriations Act; and
221 d. Prepare on a biennial basis an audit of the trust fund
222 specified in sub-subparagraph a. Commencing February 1, 2004,
223 such audit shall be delivered to the governing body and to the
224 chair of the legislative delegation of each authorizing county.
225 6. Notwithstanding any other provision of this section, a
226 county shall not levy local option sales surtaxes authorized in
227 this paragraph and subsections (2) and (3) in excess of a
228 combined rate of 1 percent.
229 Section 2. Sections 319.32 and 339.0801, Florida Statutes,
230 are repealed.
231 Section 3. Section 319.20, Florida Statutes, is amended to
232 read:
233 319.20 Application of law.—
234 (1) Except as otherwise specifically provided, this chapter
235 applies exclusively to motor vehicles and mobile homes required
236 to be registered and licensed under the laws of this state and
237 defined by such registration laws, including residential
238 manufactured buildings placed on mobile home lots under s.
239 553.382. A residential manufactured building placed on a mobile
240 home lot as provided in s. 553.382 shall be treated as a mobile
241 home for purposes of this chapter. The provisions of This
242 chapter does do not apply to any moped or to any trailer or
243 semitrailer having a net weight of less than 2,000 pounds. All
244 provisions of this chapter relating to title certificates also
245 apply to any recreational vehicle-type unit and to any mobile
246 home classified and taxed as real property pursuant to s.
247 320.0815(2),; and no title, lien, or other interest in such
248 vehicle or mobile home shall be valid unless evidenced in
249 accordance with this chapter.
250 (2) Notwithstanding chapter 116, each county officer within
251 this state authorized to collect funds provided for in this
252 chapter shall pay all sums officially received by the officer
253 into the State Treasury no later than 5 working days after the
254 close of the business day in which the officer received the
255 funds. Payment by county officers to the state shall be made by
256 means of electronic funds transfer.
257 Section 4. Subsection (1) of section 215.211, Florida
258 Statutes, is amended to read:
259 215.211 Service charge; elimination or reduction for
260 specified proceeds.—
261 (1) Notwithstanding the provisions of s. 215.20(1) and
262 former s. 215.20(3), the service charge provided in s. 215.20(1)
263 and former s. 215.20(3), which is deducted from the proceeds of
264 the taxes distributed under ss. 206.606(1), 207.026, and
265 212.0501(6), and 319.32(5), shall be eliminated beginning July
266 1, 2000.
267 Section 5. Subsection (1) of section 319.23, Florida
268 Statutes, is amended to read:
269 319.23 Application for, and issuance of, certificate of
270 title.—
271 (1) Application for a certificate of title shall be made
272 upon a form prescribed by the department and, shall be filed
273 with the department, and shall be accompanied by the fee
274 prescribed in this chapter. If a certificate of title has
275 previously been issued for a motor vehicle or mobile home in
276 this state, the application for a certificate of title shall be
277 accompanied by the certificate of title duly assigned, or
278 assigned and reassigned, unless otherwise provided for in this
279 chapter. If the motor vehicle or mobile home for which
280 application for a certificate of title is made is a new motor
281 vehicle or new mobile home for which one or more manufacturers’
282 statements of origin are required by the provisions of s.
283 319.21, the application for a certificate of title shall be
284 accompanied by all such manufacturers’ statements of origin.
285 Section 6. Paragraph (a) of subsection (5) and subsection
286 (6) of section 319.24, Florida Statutes, are amended to read:
287 319.24 Issuance in duplicate; delivery; liens and
288 encumbrances.—
289 (5)(a) Upon satisfaction of any first lien, judgment lien,
290 or encumbrance recorded at the department or upon lapse of a
291 judgment lien, the owner of the motor vehicle or mobile home, as
292 shown on the title certificate, or the person satisfying the
293 lien is entitled to demand and receive from the lienholder a
294 satisfaction of the lien. If the lienholder, upon satisfaction
295 of the lien and upon demand, fails or refuses to furnish a
296 satisfaction thereof within 30 days after demand, he or she
297 shall be held liable for all costs, damages, and expenses,
298 including reasonable attorney fees, lawfully incurred by the
299 titled owner or person satisfying the lien in any suit brought
300 in this state for cancellation of the lien. A motor vehicle
301 dealer acquiring ownership of a motor vehicle with an
302 outstanding purchase money lien, shall pay and satisfy the
303 outstanding lien within 10 working days after of acquiring
304 ownership. The lienholder receiving final payment as defined in
305 s. 674.215 shall mail or otherwise deliver a lien satisfaction
306 and the certificate of title indicating the satisfaction within
307 10 working days after of receipt of such final payment or notify
308 the person satisfying the lien that the title is not available
309 within 10 working days after of receipt of such final payment.
310 If the lienholder is unable to provide the certificate of title
311 and notifies the person of such, the lienholder shall provide a
312 lien satisfaction and shall be responsible for the cost of a
313 duplicate title, including fast title charges as provided in s.
314 319.323, if applicable. The provisions of This paragraph does
315 shall not apply to electronic transactions pursuant to
316 subsection (9).
317 (6) When the original certificate of title cannot be
318 returned to the department by the lienholder and evidence
319 satisfactory to the department is produced that all liens or
320 encumbrances have been satisfied, upon application by the owner
321 for a duplicate copy of the certificate upon the form prescribed
322 by the department, accompanied by the fee prescribed in this
323 chapter, a duplicate copy of the certificate of title, without
324 statement of liens or encumbrances, shall be issued by the
325 department and delivered to the owner.
326 Section 7. Paragraph (a) of subsection (4) of section
327 319.27, Florida Statutes, is amended to read:
328 319.27 Notice of lien on motor vehicles or mobile homes;
329 notation on certificate; recording of lien.—
330 (4)(a) Notwithstanding the provisions of subsection (2),
331 any person holding a lien for purchase money or as security for
332 a debt in the form of a security agreement, retain title
333 contract, conditional bill of sale, chattel mortgage, or other
334 similar instrument covering a motor vehicle or mobile home
335 previously titled or registered outside this state upon which no
336 Florida certificate of title has been issued may use the
337 facilities of the department for the recording of such lien as
338 constructive notice of such lien to creditors and purchasers of
339 such motor vehicle or mobile home in this state, provided such
340 lienholder files a sworn notice of such lien in the department,
341 showing the following information:
342 1. The date of the lien;
343 2. The name and address of the registered owner;
344 3. A description of the motor vehicle or mobile home,
345 showing the make, type, and vehicle identification number; and
346 4. The name and address of the lienholder.
347
348 Upon the filing of such notice of lien and the payment of the
349 fee provided in s. 319.32, the lien shall be recorded in the
350 department.
351 Section 8. Paragraph (a) of subsection (1) and paragraph
352 (b) of subsection (2) of section 319.28, Florida Statutes, are
353 amended to read:
354 319.28 Transfer of ownership by operation of law.—
355 (1)(a) In the event of the transfer of ownership of a motor
356 vehicle or mobile home by operation of law as upon inheritance,
357 devise or bequest, order in bankruptcy, insolvency, replevin,
358 attachment, execution, or other judicial sale or whenever the
359 engine of a motor vehicle is replaced by another engine or
360 whenever a motor vehicle is sold to satisfy storage or repair
361 charges or repossession is had upon default in performance of
362 the terms of a security agreement, chattel mortgage, conditional
363 sales contract, trust receipt, or other like agreement, and upon
364 the surrender of the prior certificate of title or, when that is
365 not possible, presentation of satisfactory proof to the
366 department of ownership and right of possession to such motor
367 vehicle or mobile home, and upon payment of the fee prescribed
368 by law and presentation of an application for certificate of
369 title, the department may issue to the applicant a certificate
370 of title thereto.
371 (2)
372 (b) In case of repossession of a motor vehicle or mobile
373 home pursuant to the terms of a security agreement or similar
374 instrument, an affidavit by the party to whom possession has
375 passed stating that the vehicle or mobile home was repossessed
376 upon default in the terms of the security agreement or other
377 instrument shall be considered satisfactory proof of ownership
378 and right of possession. At least 5 days before prior to selling
379 the repossessed vehicle, any subsequent lienholder named in the
380 last issued certificate of title shall be sent notice of the
381 repossession by certified mail, on a form prescribed by the
382 department. If such notice is given and no written protest to
383 the department is presented by a subsequent lienholder within 15
384 days after the date on which the notice was mailed, the
385 certificate of title shall be issued showing no liens. If the
386 former owner or any subsequent lienholder files a written
387 protest under oath within such 15-day period, the department
388 shall not issue the certificate of title for 10 days thereafter.
389 If within the 10-day period no injunction or other order of a
390 court of competent jurisdiction has been served on the
391 department commanding it not to deliver the certificate of
392 title, the department shall deliver the certificate of title to
393 the applicant or as may otherwise be directed in the application
394 showing no other liens than those shown in the application. Any
395 lienholder who has repossessed a vehicle in this state in
396 compliance with the provisions of this section must apply to a
397 tax collector’s office in this state or to the department for a
398 certificate of title pursuant to s. 319.323. Proof of the
399 required notice to subsequent lienholders shall be submitted
400 together with regular title fees. Any person found guilty of
401 violating any requirements of this paragraph is shall be guilty
402 of a felony of the third degree, punishable as provided in s.
403 775.082, s. 775.083, or s. 775.084.
404 Section 9. Subsections (1) and (3) of section 319.29,
405 Florida Statutes, are amended to read:
406 319.29 Lost or destroyed certificates.—
407 (1) If a certificate of title is lost or destroyed,
408 application for a duplicate copy thereof shall be made to the
409 department by the owner of the motor vehicle or mobile home or
410 the holder of a lien thereon upon a form prescribed by the
411 department and accompanied by the fee prescribed in this
412 chapter. The application shall be signed and sworn to by the
413 applicant. Thereupon the department shall issue a duplicate copy
414 of the certificate of title to the person entitled to receive
415 the certificate of title under the provisions of this chapter.
416 The duplicate copy and all subsequent certificates of title
417 issued in the chain of title originated by such duplicate copy
418 shall be plainly marked across their faces “duplicate copy,” and
419 any subsequent purchaser of the motor vehicle or mobile home in
420 the chain of title originating through such duplicate copy shall
421 acquire only such rights in the motor vehicle or mobile home as
422 the original holder of the duplicate copy himself or herself
423 had.
424 (3) If, following the issuance of an original, duplicate,
425 or corrected certificate of title by the department, the
426 certificate is lost in transit and is not delivered to the
427 addressee, the owner of the motor vehicle or mobile home, or the
428 holder of a lien thereon, may, within 180 days after of the date
429 of issuance of the title, apply to the department for reissuance
430 of the certificate of title. No additional fee shall be charged
431 for reissuance under this subsection.
432 Section 10. Section 319.323, Florida Statutes, is amended
433 to read:
434 319.323 Expedited service; applications; fees.—The
435 department shall establish a separate title office which may be
436 used by private citizens and licensed motor vehicle dealers to
437 receive expedited service on title transfers, title issuances,
438 duplicate titles, and recordation of liens. A fee of $10 shall
439 be charged for this service, which fee is in addition to the
440 fees imposed by s. 319.32. The fee, after deducting the amount
441 referenced by s. 319.324 and $3.50 to be retained by the
442 processing agency, shall be deposited into the General Revenue
443 Fund. Application for expedited service may be made by mail or
444 in person. The department shall issue each title applied for
445 under this section within 5 working days after receipt of the
446 application except for an application for a duplicate title
447 certificate covered by s. 319.23(4), in which case the title
448 must be issued within 5 working days after compliance with the
449 department’s verification requirements.
450 Section 11. Subsection (1) of section 319.324, Florida
451 Statutes, is amended to read:
452 319.324 Odometer fraud prevention and detection; funding.—
453 (1) Moneys received by the department pursuant to s.
454 319.32(1) in the amount of $1 for each original certificate of
455 title, each duplicate copy of a certificate of title, and each
456 assignment by a lienholder shall be deposited into the Highway
457 Safety Operating Trust Fund. There shall also be deposited into
458 the fund moneys received by the department pursuant to s.
459 319.323 in the amount of $5 for each expedited service performed
460 by the department for which a fee is assessed shall be deposited
461 into the Highway Safety Operating Trust Fund.
462 Section 12. Paragraph (c) of subsection (1) of section
463 320.04, Florida Statutes, is amended to read:
464 320.04 Registration service charge.—
465 (1)
466 (c) The tax collector may impose an additional service
467 charge of up to 50 cents on any transaction specified in
468 paragraph (a) or paragraph (b), or on any transaction specified
469 in s. 319.32(2)(a) or s. 328.48 if such transaction occurs at a
470 tax collector’s branch office.
471 Section 13. Paragraph (a) of subsection (2) of section
472 379.209, Florida Statutes, is amended to read:
473 379.209 Nongame Wildlife Trust Fund.—
474 (2)(a) There is established within the Fish and Wildlife
475 Conservation Commission the Nongame Wildlife Trust Fund. The
476 fund shall be credited with moneys collected pursuant to s.
477 320.02(8) ss. 319.32(3) and 320.02(8). Additional funds may be
478 provided from legislative appropriations and by donations from
479 interested individuals and organizations. The commission may
480 invest and reinvest the funds and the interest thereof of the
481 Nongame Wildlife Trust Fund. The commission shall designate an
482 identifiable unit to administer the trust fund.
483 Section 14. Sections 320.08, 320.08001, 320.08015,
484 320.0802, 320.0804, 320.08046, 320.08047, 320.081, 320.10,
485 320.14, 320.15, 320.20, 320.405, and 339.0803, Florida Statutes,
486 are repealed.
487 Section 15. Subsections (2) and (4) of section 193.075,
488 Florida Statutes, are amended to read:
489 193.075 Mobile homes and recreational vehicles.—
490 (2) A mobile home that is not taxed as real property must
491 shall have a current license plate properly affixed as provided
492 in s. 320.08(11). Any such mobile home without a current license
493 plate properly affixed is shall be presumed to be tangible
494 personal property.
495 (4) A recreational vehicle that is not taxed as real
496 property must have a current license plate properly affixed as
497 provided in s. 320.08(9). Any such recreational vehicle without
498 a current license plate properly affixed is presumed to be
499 tangible personal property.
500 Section 16. Paragraph (a) of subsection (1) of section
501 212.05, Florida Statutes, is amended to read:
502 212.05 Sales, storage, use tax.—It is hereby declared to be
503 the legislative intent that every person is exercising a taxable
504 privilege who engages in the business of selling tangible
505 personal property at retail in this state, including the
506 business of making or facilitating remote sales; who rents or
507 furnishes any of the things or services taxable under this
508 chapter; or who stores for use or consumption in this state any
509 item or article of tangible personal property as defined herein
510 and who leases or rents such property within the state.
511 (1) For the exercise of such privilege, a tax is levied on
512 each taxable transaction or incident, which tax is due and
513 payable as follows:
514 (a)1.a. At the rate of 6 percent of the sales price of each
515 item or article of tangible personal property when sold at
516 retail in this state, computed on each taxable sale for the
517 purpose of remitting the amount of tax due the state, and
518 including each and every retail sale.
519 b. Each occasional or isolated sale of an aircraft, boat,
520 mobile home, or motor vehicle of a class or type which is
521 required to be registered, licensed, titled, or documented in
522 this state or by the United States Government shall be subject
523 to tax at the rate provided in this paragraph. The department
524 shall by rule adopt any nationally recognized publication for
525 valuation of used motor vehicles as the reference price list for
526 any used motor vehicle which is required to be licensed pursuant
527 to former s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9),
528 Florida Statutes 2023. If any party to an occasional or isolated
529 sale of such a vehicle reports to the tax collector a sales
530 price which is less than 80 percent of the average loan price
531 for the specified model and year of such vehicle as listed in
532 the most recent reference price list, the tax levied under this
533 paragraph shall be computed by the department on such average
534 loan price unless the parties to the sale have provided to the
535 tax collector an affidavit signed by each party, or other
536 substantial proof, stating the actual sales price. Any party to
537 such sale who reports a sales price less than the actual sales
538 price commits is guilty of a misdemeanor of the first degree,
539 punishable as provided in s. 775.082 or s. 775.083. The
540 department shall collect or attempt to collect from such party
541 any delinquent sales taxes. In addition, such party shall pay
542 any tax due and any penalty and interest assessed plus a penalty
543 equal to twice the amount of the additional tax owed.
544 Notwithstanding any other provision of law, the Department of
545 Revenue may waive or compromise any penalty imposed pursuant to
546 this subparagraph.
547 2. This paragraph does not apply to the sale of a boat or
548 aircraft by or through a registered dealer under this chapter to
549 a purchaser who, at the time of taking delivery, is a
550 nonresident of this state, does not make his or her permanent
551 place of abode in this state, and is not engaged in carrying on
552 in this state any employment, trade, business, or profession in
553 which the boat or aircraft will be used in this state, or is a
554 corporation none of the officers or directors of which is a
555 resident of, or makes his or her permanent place of abode in,
556 this state, or is a noncorporate entity that has no individual
557 vested with authority to participate in the management,
558 direction, or control of the entity’s affairs who is a resident
559 of, or makes his or her permanent abode in, this state. For
560 purposes of this exemption, either a registered dealer acting on
561 his or her own behalf as seller, a registered dealer acting as
562 broker on behalf of a seller, or a registered dealer acting as
563 broker on behalf of the purchaser may be deemed to be the
564 selling dealer. This exemption shall not be allowed unless:
565 a. The purchaser removes a qualifying boat, as described in
566 sub-subparagraph f., from the state within 90 days after the
567 date of purchase or extension, or the purchaser removes a
568 nonqualifying boat or an aircraft from this state within 10 days
569 after the date of purchase or, when the boat or aircraft is
570 repaired or altered, within 20 days after completion of the
571 repairs or alterations; or if the aircraft will be registered in
572 a foreign jurisdiction and:
573 (I) Application for the aircraft’s registration is properly
574 filed with a civil airworthiness authority of a foreign
575 jurisdiction within 10 days after the date of purchase;
576 (II) The purchaser removes the aircraft from the state to a
577 foreign jurisdiction within 10 days after the date the aircraft
578 is registered by the applicable foreign airworthiness authority;
579 and
580 (III) The aircraft is operated in the state solely to
581 remove it from the state to a foreign jurisdiction.
582
583 For purposes of this sub-subparagraph, the term “foreign
584 jurisdiction” means any jurisdiction outside of the United
585 States or any of its territories;
586 b. The purchaser, within 90 days from the date of
587 departure, provides the department with written proof that the
588 purchaser licensed, registered, titled, or documented the boat
589 or aircraft outside the state. If such written proof is
590 unavailable, within 90 days the purchaser shall provide proof
591 that the purchaser applied for such license, title,
592 registration, or documentation. The purchaser shall forward to
593 the department proof of title, license, registration, or
594 documentation upon receipt;
595 c. The purchaser, within 30 days after removing the boat or
596 aircraft from Florida, furnishes the department with proof of
597 removal in the form of receipts for fuel, dockage, slippage,
598 tie-down, or hangaring from outside of Florida. The information
599 so provided must clearly and specifically identify the boat or
600 aircraft;
601 d. The selling dealer, within 30 days after the date of
602 sale, provides to the department a copy of the sales invoice,
603 closing statement, bills of sale, and the original affidavit
604 signed by the purchaser attesting that he or she has read the
605 provisions of this section;
606 e. The seller makes a copy of the affidavit a part of his
607 or her record for as long as required by s. 213.35; and
608 f. Unless the nonresident purchaser of a boat of 5 net tons
609 of admeasurement or larger intends to remove the boat from this
610 state within 10 days after the date of purchase or when the boat
611 is repaired or altered, within 20 days after completion of the
612 repairs or alterations, the nonresident purchaser applies to the
613 selling dealer for a decal which authorizes 90 days after the
614 date of purchase for removal of the boat. The nonresident
615 purchaser of a qualifying boat may apply to the selling dealer
616 within 60 days after the date of purchase for an extension decal
617 that authorizes the boat to remain in this state for an
618 additional 90 days, but not more than a total of 180 days,
619 before the nonresident purchaser is required to pay the tax
620 imposed by this chapter. The department is authorized to issue
621 decals in advance to dealers. The number of decals issued in
622 advance to a dealer shall be consistent with the volume of the
623 dealer’s past sales of boats which qualify under this sub
624 subparagraph. The selling dealer or his or her agent shall mark
625 and affix the decals to qualifying boats in the manner
626 prescribed by the department, before delivery of the boat.
627 (I) The department is hereby authorized to charge dealers a
628 fee sufficient to recover the costs of decals issued, except the
629 extension decal shall cost $425.
630 (II) The proceeds from the sale of decals will be deposited
631 into the administrative trust fund.
632 (III) Decals shall display information to identify the boat
633 as a qualifying boat under this sub-subparagraph, including, but
634 not limited to, the decal’s date of expiration.
635 (IV) The department is authorized to require dealers who
636 purchase decals to file reports with the department and may
637 prescribe all necessary records by rule. All such records are
638 subject to inspection by the department.
639 (V) Any dealer or his or her agent who issues a decal
640 falsely, fails to affix a decal, mismarks the expiration date of
641 a decal, or fails to properly account for decals will be
642 considered prima facie to have committed a fraudulent act to
643 evade the tax and will be liable for payment of the tax plus a
644 mandatory penalty of 200 percent of the tax, and shall be liable
645 for fine and punishment as provided by law for a conviction of a
646 misdemeanor of the first degree, as provided in s. 775.082 or s.
647 775.083.
648 (VI) Any nonresident purchaser of a boat who removes a
649 decal before permanently removing the boat from the state, or
650 defaces, changes, modifies, or alters a decal in a manner
651 affecting its expiration date before its expiration, or who
652 causes or allows the same to be done by another, will be
653 considered prima facie to have committed a fraudulent act to
654 evade the tax and will be liable for payment of the tax plus a
655 mandatory penalty of 200 percent of the tax, and shall be liable
656 for fine and punishment as provided by law for a conviction of a
657 misdemeanor of the first degree, as provided in s. 775.082 or s.
658 775.083.
659 (VII) The department is authorized to adopt rules necessary
660 to administer and enforce this subparagraph and to publish the
661 necessary forms and instructions.
662 (VIII) The department is hereby authorized to adopt
663 emergency rules pursuant to s. 120.54(4) to administer and
664 enforce the provisions of this subparagraph.
665
666 If the purchaser fails to remove the qualifying boat from this
667 state within the maximum 180 days after purchase or a
668 nonqualifying boat or an aircraft from this state within 10 days
669 after purchase or, when the boat or aircraft is repaired or
670 altered, within 20 days after completion of such repairs or
671 alterations, or permits the boat or aircraft to return to this
672 state within 6 months from the date of departure, except as
673 provided in s. 212.08(7)(fff), or if the purchaser fails to
674 furnish the department with any of the documentation required by
675 this subparagraph within the prescribed time period, the
676 purchaser shall be liable for use tax on the cost price of the
677 boat or aircraft and, in addition thereto, payment of a penalty
678 to the Department of Revenue equal to the tax payable. This
679 penalty shall be in lieu of the penalty imposed by s. 212.12(2).
680 The maximum 180-day period following the sale of a qualifying
681 boat tax-exempt to a nonresident may not be tolled for any
682 reason.
683 Section 17. Subsections (3) and (4) of section 212.0601,
684 Florida Statutes, are renumbered as subsections (2) and (3),
685 respectively, and present subsections (1) and (2) of that
686 section are amended, to read:
687 212.0601 Use taxes of vehicle dealers.—
688 (1) Each motor vehicle dealer who is required by s.
689 320.08(12) to purchase one or more dealer license plates shall
690 pay an annual use tax of $27 for each dealer license plate
691 purchased under that subsection, in addition to the license tax
692 imposed by that subsection. The use tax shall be for the year
693 for which the dealer license plate was purchased.
694 (1)(2) There shall be no additional tax imposed by this
695 chapter for the use of a dealer license plate for which, after
696 July 1, 1987, a dealer use tax has been paid under this section.
697 This exemption shall apply to the time period before the sale or
698 any other disposition of the vehicle throughout the year for
699 which the dealer license plate required by s. 320.08(12) is
700 purchased.
701 Section 18. Paragraph (q) of subsection (1) of section
702 215.22, Florida Statutes, is amended to read:
703 215.22 Certain income and certain trust funds exempt.—
704 (1) The following income of a revenue nature or the
705 following trust funds shall be exempt from the appropriation
706 required by s. 215.20(1):
707 (q) That portion of the Highway Safety Operating Trust Fund
708 funded by the motorcycle safety education fee collected pursuant
709 to s. 320.08(1)(c).
710 Section 19. Subsection (1) of section 215.615, Florida
711 Statutes, is amended to read:
712 215.615 Fixed-guideway transportation systems funding.—
713 (1) The issuance of revenue bonds by the Division of Bond
714 Finance, on behalf of the Department of Transportation, pursuant
715 to s. 11, Art. VII of the State Constitution, is authorized,
716 pursuant to the State Bond Act, to finance or refinance fixed
717 capital expenditures for fixed-guideway transportation systems,
718 as defined in s. 341.031, including facilities appurtenant
719 thereto, costs of issuance, and other amounts relating to such
720 financing or refinancing. The Division of Bond Finance is
721 authorized to consider innovative financing techniques that may
722 include, but are not limited to, innovative bidding and
723 structures of potential financings that may result in negotiated
724 transactions. The following conditions apply to the issuance of
725 revenue bonds for fixed-guideway transportation systems:
726 (a) The department and any participating commuter rail
727 authority or regional transportation authority established under
728 chapter 343, local governments, or local governments
729 collectively by interlocal agreement having jurisdiction of a
730 fixed-guideway transportation system may enter into an
731 interlocal agreement to promote the efficient and cost-effective
732 financing or refinancing of fixed-guideway transportation system
733 projects by revenue bonds issued pursuant to this subsection.
734 The terms of such interlocal agreements shall include provisions
735 for the Department of Transportation to request the issuance of
736 the bonds on behalf of the parties; shall provide that after
737 reimbursement pursuant to interlocal agreement, the department’s
738 share may be up to 50 percent of the eligible project cost,
739 which may include a share of annual debt service requirements of
740 such bonds; and shall include any other terms, provisions, or
741 covenants necessary to the making of and full performance under
742 such interlocal agreement. Repayments made to the department
743 under any interlocal agreement are not pledged to the repayment
744 of bonds issued hereunder, and failure of the local governmental
745 authority to make such payment shall not affect the obligation
746 of the department to pay debt service on the bonds.
747 (b) Revenue bonds issued pursuant to this subsection shall
748 not constitute a general obligation of, or a pledge of the full
749 faith and credit of, the State of Florida. Bonds issued pursuant
750 to this section shall be payable from funds available pursuant
751 to s. 206.46(3), or other funds available to the project,
752 subject to annual appropriation. The amount of revenues
753 available for debt service shall never exceed a maximum of 2
754 percent of all state revenues deposited into the State
755 Transportation Trust Fund.
756 (c) The projects to be financed or refinanced with the
757 proceeds of the revenue bonds issued hereunder are designated as
758 state fixed capital outlay projects for purposes of s. 11(d),
759 Art. VII of the State Constitution, and the specific projects to
760 be financed or refinanced shall be determined by the Department
761 of Transportation in accordance with state law and
762 appropriations from the State Transportation Trust Fund. Each
763 project to be financed with the proceeds of the bonds issued
764 pursuant to this subsection must first be approved by the
765 Legislature by an act of general law.
766 (d) Any complaint for validation of bonds issued pursuant
767 to this section shall be filed in the circuit court of the
768 county where the seat of state government is situated, the
769 notice required to be published by s. 75.06 shall be published
770 only in the county where the complaint is filed, and the
771 complaint and order of the circuit court shall be served only on
772 the state attorney of the circuit in which the action is
773 pending.
774 (e) The state does hereby covenant with holders of such
775 revenue bonds or other instruments of indebtedness issued
776 hereunder that it will not repeal or impair or amend these
777 provisions in any manner that will materially and adversely
778 affect the rights of such holders as long as bonds authorized by
779 this subsection are outstanding.
780 (f) This subsection supersedes any inconsistent provisions
781 in existing law.
782
783 Notwithstanding this subsection, the lien of revenue bonds
784 issued pursuant to this subsection on moneys deposited into the
785 State Transportation Trust Fund shall be subordinate to the lien
786 on such moneys of bonds issued under ss. 215.605, 320.20, and
787 215.616, and any pledge of such moneys to pay operating and
788 maintenance expenses under s. 206.46(5) and chapter 348, as may
789 be amended.
790 Section 20. Paragraph (b) of subsection (3) of section
791 282.709, Florida Statutes, is amended to read:
792 282.709 State agency law enforcement radio system and
793 interoperability network.—
794 (3) In recognition of the critical nature of the statewide
795 law enforcement radio communications system, the Legislature
796 finds that there is an immediate danger to the public health,
797 safety, and welfare, and that it is in the best interest of the
798 state to continue partnering with the system’s current operator.
799 The Legislature finds that continuity of coverage is critical to
800 supporting law enforcement, first responders, and other public
801 safety users. The potential for a loss in coverage or a lack of
802 interoperability between users requires emergency action and is
803 a serious concern for officers’ safety and their ability to
804 communicate and respond to various disasters and events.
805 (b) The State Agency Law Enforcement Radio System Trust
806 Fund is established in the department and funded from surcharges
807 collected under ss. 318.18, 320.0802, and 328.72. Upon
808 appropriation, moneys in the trust fund may be used by the
809 department to acquire the equipment, software, and engineering,
810 administrative, and maintenance services it needs to construct,
811 operate, and maintain the statewide radio system. Moneys in the
812 trust fund from surcharges shall be used to help fund the costs
813 of the system. Upon completion of the system, moneys in the
814 trust fund may also be used by the department for payment of the
815 recurring maintenance costs of the system.
816 Section 21. Subsection (5) of section 311.07, Florida
817 Statutes, is amended to read:
818 311.07 Florida seaport transportation and economic
819 development funding.—
820 (5) The Department of Transportation may subject any
821 project that receives funds pursuant to this section and s.
822 320.20 to a final audit. The department may perform such other
823 acts as are necessary or convenient to ensure that the final
824 audits are conducted and that any deficiency or questioned costs
825 noted by the audit are resolved.
826 Section 22. Subsection (4) of section 311.09, Florida
827 Statutes, is amended to read:
828 311.09 Florida Seaport Transportation and Economic
829 Development Council.—
830 (4) The council shall adopt rules for evaluating projects
831 which may be funded under s. 311.07 ss. 311.07 and 320.20. The
832 rules shall provide criteria for evaluating the potential
833 project, including, but not limited to, such factors as
834 consistency with appropriate plans, economic benefit, readiness
835 for construction, noncompetition with other Florida ports, and
836 capacity within the seaport system.
837 Section 23. Subsection (2) of section 316.251, Florida
838 Statutes, is amended to read:
839 316.251 Maximum bumper heights.—
840 (2) “New motor vehicles” as defined in s. 319.001(9),
841 “antique automobiles” as defined in s. 320.08, “horseless
842 carriages” as defined in s. 320.086, and “street rods” as
843 defined in s. 320.0863 are shall be excluded from the
844 requirements of this section.
845 Section 24. Paragraph (f) of subsection (3) of section
846 316.261, Florida Statutes, is amended to read:
847 316.261 Brake equipment required.—Every motor vehicle,
848 trailer, semitrailer, and pole trailer, and any combination of
849 such vehicles, operating upon a highway within this state shall
850 be equipped with brakes in compliance with the requirements of
851 this chapter.
852 (3) BRAKES ON ALL WHEELS.—Every vehicle shall be equipped
853 with brakes acting on all wheels except:
854 (f) “Antique cars” as defined in s. 320.08, and “Horseless
855 carriages” as defined in s. 320.086 and antique automobiles.
856 Section 25. Subsection (8) of section 316.515, Florida
857 Statutes, is amended to read:
858 316.515 Maximum width, height, length.—
859 (8) WRECKERS.—The limitations imposed by this section do
860 not apply to a combination of motor vehicles consisting of a
861 wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
862 disabled motor vehicle, trailer, semitrailer, or tractor-trailer
863 combination, or a replacement motor vehicle, which is under tow
864 by the wrecker, if the size and weight of the towed vehicle is
865 consistent with statutory requirements and the requirements of
866 this subsection.
867 (a) The limitations imposed by this section do not apply to
868 a combination of motor vehicles consisting of a wrecker licensed
869 under the International Registration Plan and a disabled motor
870 vehicle, trailer, semitrailer, tractor-trailer combination, or a
871 replacement motor vehicle, which is under tow by the wrecker, if
872 the size and weight of the towed vehicle is consistent with
873 statutory requirements and the requirements of this subsection.
874 (b) However, a wrecker may not tow a disabled nonconforming
875 vehicle operating under a current special use permit or permits
876 where the combined weight of the wrecker and the towed
877 nonconforming vehicle exceeds the permitted weight of the towed
878 vehicle’s permit.
879 (c) Where the combined weight of the wrecker and the towed
880 vehicle exceeds the maximum weight limits as established by s.
881 316.535, the wrecker must be operating under a current wrecker
882 special use permit or permits as provided in s. 316.550(5) or in
883 accordance with paragraph (b).
884 (d) The limitations imposed by this section do not apply to
885 a combination of motor vehicles consisting of a wrecker licensed
886 in accordance with s. 320.08(5)(d) or (e) and a nondisabled
887 tractor-trailer combination that is under tow by the wrecker, if
888 the tractor-trailer combination is being towed by the wrecker in
889 an emergency situation as directed by a law enforcement officer.
890 No wrecker shall tow a nondisabled tractor-trailer combination
891 except in an emergency situation as directed by a law
892 enforcement officer, or as provided in s. 715.07.
893 Section 26. Paragraph (b) of subsection (2) of section
894 316.545, Florida Statutes, is amended to read:
895 316.545 Weight and load unlawful; special fuel and motor
896 fuel tax enforcement; inspection; penalty; review.—
897 (2)
898 (b) The officer or inspector shall inspect the license
899 plate or registration certificate of the commercial vehicle to
900 determine whether its gross weight is in compliance with the
901 declared gross vehicle weight. If its gross weight exceeds the
902 declared weight, the penalty shall be 5 cents per pound on the
903 difference between such weights. In those cases when the
904 commercial vehicle is being operated over the highways of the
905 state with an expired registration or with no registration from
906 this or any other jurisdiction or is not registered under the
907 applicable provisions of chapter 320, the penalty herein shall
908 apply on the basis of 5 cents per pound on that scaled weight
909 which exceeds 35,000 pounds on laden truck tractor-semitrailer
910 combinations or tandem trailer truck combinations, 10,000 pounds
911 on laden straight trucks or straight truck-trailer combinations,
912 or 10,000 pounds on any unladen commercial motor vehicle. A
913 driver of a commercial motor vehicle entering the state at a
914 designated port-of-entry location, as defined in s. 316.003, or
915 operating on designated routes to a port-of-entry location, who
916 obtains a temporary registration permit shall be assessed a
917 penalty limited to the difference between its gross weight and
918 the declared gross vehicle weight at 5 cents per pound. If the
919 license plate or registration has not been expired for more than
920 90 days, the penalty imposed under this paragraph may not exceed
921 $1,000. In the case of special mobile equipment, which qualified
922 qualifies for the license tax provided for in former s.
923 320.08(5)(b), Florida Statutes 2023, being operated on the
924 highways of the state with an expired registration or otherwise
925 not properly registered under the applicable provisions of
926 chapter 320, a penalty of $75 shall apply in addition to any
927 other penalty which may apply in accordance with this chapter. A
928 vehicle found in violation of this section may be detained until
929 the owner or operator produces evidence that the vehicle has
930 been properly registered. Any costs incurred by the retention of
931 the vehicle shall be the sole responsibility of the owner. A
932 person who has been assessed a penalty pursuant to this
933 paragraph for failure to have a valid vehicle registration
934 certificate pursuant to the provisions of chapter 320 is not
935 subject to the delinquent fee authorized in s. 320.07 if such
936 person obtains a valid registration certificate within 10
937 working days after such penalty was assessed.
938 Section 27. Subsection (3) of section 316.550, Florida
939 Statutes, is amended to read:
940 316.550 Operations not in conformity with law; special
941 permits.—
942 (3) A permit may authorize a self-propelled truck crane
943 operating off the Interstate Highway System to tow a motor
944 vehicle which does not weigh more than 5,000 pounds if the
945 combined weight of the crane and such motor vehicle does not
946 exceed 95,000 pounds. Notwithstanding s. 320.01(7) or (12),
947 truck cranes that tow another motor vehicle under the provision
948 of this subsection shall be taxed under the provisions of s.
949 320.08(5)(b).
950 Section 28. Subsection (10) of section 320.01, Florida
951 Statutes, is amended to read:
952 320.01 Definitions, general.—As used in the Florida
953 Statutes, except as otherwise provided, the term:
954 (10) “Heavy truck” means any motor vehicle with a net
955 vehicle weight of more than 5,000 pounds, which is registered on
956 the basis of gross vehicle weight in accordance with s.
957 320.08(4), and which is designed or used for the carriage of
958 goods or designed or equipped with a connecting device for the
959 purpose of drawing a trailer that is attached or coupled thereto
960 by means of such connecting device and includes any such motor
961 vehicle to which has been added a cabinet box, a platform, a
962 rack, or other equipment for the purpose of carrying goods other
963 than the personal effects of the passengers.
964 Section 29. Paragraph (a) of subsection (5) of section
965 320.03, Florida Statutes, is amended to read:
966 320.03 Registration; duties of tax collectors;
967 International Registration Plan.—
968 (5)(a) In addition to the fees required under s. 320.08, A
969 fee of 50 cents shall be charged on every license registration
970 sold to cover the costs of the Florida Real Time Vehicle
971 Information System. The fees collected shall be deposited into
972 the Highway Safety Operating Trust Fund to be used exclusively
973 to fund the system. The fee may only be used to fund the system
974 equipment, software, personnel associated with the maintenance
975 and programming of the system, and networks used in the offices
976 of the county tax collectors as agents of the department and the
977 ancillary technology necessary to integrate the system with
978 other tax collection systems. The department shall administer
979 this program upon consultation with the Florida Tax Collectors,
980 Inc., to ensure that each county tax collector’s office is
981 technologically equipped and functional for the operation of the
982 Florida Real Time Vehicle Information System and to ensure that
983 all ancillary technology and other tax collection systems used
984 by tax collectors protect customer privacy and data. Tax
985 collectors and their approved license plate agents shall enter
986 into a memorandum of understanding with the department regarding
987 use of the Florida Real Time Vehicle Information System in
988 accordance with paragraph (4)(b). Any designated revenue
989 collected to support functions of the county tax collectors and
990 not used in a given year must remain exclusively in the trust
991 fund as a carryover to the following year.
992 Section 30. Section 320.055, Florida Statutes, is amended
993 to read:
994 320.055 Registration periods; renewal periods.—The
995 following registration periods and renewal periods are
996 established:
997 (1)(a) For a motor vehicle subject to registration under
998 former s. 320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d),
999 or (f), (6)(a), (7), (8), (9), (10), or (11), Florida Statutes
1000 2023, and owned by a natural person, the registration period
1001 begins the first day of the birth month of the owner and ends
1002 the last day of the month immediately preceding the owner’s
1003 birth month in the succeeding year. If such vehicle is
1004 registered in the name of more than one person, the birth month
1005 of the person whose name first appears on the registration shall
1006 be used to determine the registration period. For a vehicle
1007 subject to this registration period, the renewal period is the
1008 30-day period ending at midnight on the vehicle owner’s date of
1009 birth.
1010 (b) A motor vehicle or mobile home that is subject to
1011 registration under former s. 320.08(1), (2), (3), (4)(a) or (b),
1012 (6), (7), (8), (9), (10), or (11), Florida Statutes 2023, is
1013 eligible for an extended registration period as defined in s.
1014 320.01(19)(b).
1015 (c) Notwithstanding the requirements of paragraph (a), the
1016 owner of a motor vehicle subject to paragraph (a) who has had
1017 his or her driver license suspended pursuant to a violation of
1018 s. 316.193 or pursuant to s. 322.26(2) for driving under the
1019 influence must obtain a 6-month registration as a condition of
1020 reinstating the license, subject to renewal during the 3-year
1021 period that financial responsibility requirements apply. The
1022 registration period begins the first day of the birth month of
1023 the owner and ends the last day of the fifth month immediately
1024 following the owner’s birth month. For such vehicles, the
1025 department shall issue a vehicle registration certificate that
1026 is valid for 6 months and shall issue a validation sticker that
1027 displays an expiration date of 6 months after the date of
1028 issuance. The license tax required by s. 320.08 and all other
1029 applicable license taxes shall be one-half of the amount
1030 otherwise required, except The service charge required by s.
1031 320.04 shall be paid in full for each 6-month registration. A
1032 vehicle required to be registered under this paragraph is not
1033 eligible for the extended registration period under paragraph
1034 (b).
1035 (2) For a vehicle subject to registration under former s.
1036 320.08(11), Florida Statutes 2023, and not owned by a natural
1037 person, the registration period begins January 1 and ends
1038 December 31. For a vehicle subject to this registration period,
1039 the renewal period is the 31-day period before expiration.
1040 (3) For a vehicle subject to registration under former s.
1041 320.08(12), Florida Statutes 2023, the registration period runs
1042 concurrently with the licensing period. For a vehicle subject to
1043 this registration period, the renewal period is the first month
1044 of the licensing period.
1045 (4) For a vehicle subject to registration under former s.
1046 320.08(13), Florida Statutes 2023; for vehicles subject to
1047 registration under former s. 320.08(6)(a), Florida Statutes
1048 2023, that are short-term rental vehicles;, and for any vehicle
1049 for which a registration period is not otherwise specified, the
1050 registration period begins June 1 and ends May 31. For a vehicle
1051 subject to this registration period, the renewal period is the
1052 30-day period beginning June 1.
1053 (5) For a vehicle subject to apportioned registration under
1054 former s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or (14),
1055 Florida Statutes 2023, the registration period shall be a period
1056 of 12 months beginning in a month designated by the department
1057 and ending on the last day of the 12th month. For a vehicle
1058 subject to this registration period, the renewal period is the
1059 last month of the registration period. The registration period
1060 may be shortened or extended at the discretion of the
1061 department, on receipt of the appropriate prorated fees, in
1062 order to evenly distribute such registrations on a monthly
1063 basis. For a vehicle subject to nonapportioned registration
1064 under former s. 320.08(4)(c)-(n), (5)(a)1., (6)(b), or (14),
1065 Florida Statutes 2023, the registration period begins December 1
1066 and ends November 30. The renewal period is the 31-day period
1067 beginning December 1.
1068 (6) For those vehicles subject to registration under former
1069 s. 320.08(6)(a), Florida Statutes 2023, which are not short-term
1070 rental vehicles, the department shall develop and implement a
1071 registration renewal system that, where practicable, evenly
1072 distributes the registration renewal period throughout the year.
1073 For a vehicle subject to this registration period, the renewal
1074 period is the first month of the assigned registration period.
1075 (7)For those vehicles subject to registration under s.
1076 320.0657, the department shall implement a system that
1077 distributes the registration renewal process throughout the
1078 year.
1079 Section 31. Paragraphs (b) and (c) of subsection (1) and
1080 paragraph (a) of subsection (3) of section 320.06, Florida
1081 Statutes, are amended to read:
1082 320.06 Registration certificates, license plates, and
1083 validation stickers generally.—
1084 (1)
1085 (b)1. Registration license plates bearing a graphic symbol
1086 and the alphanumeric system of identification shall be issued
1087 for a 10-year period. At the end of the 10-year period, upon
1088 renewal, the plate shall be replaced. The department shall
1089 extend the scheduled license plate replacement date from a 6
1090 year period to a 10-year period. The fee for such replacement is
1091 $28, $2.80 of which shall be paid each year before the plate is
1092 replaced, to be credited toward the next $28 replacement fee.
1093 The fees shall be deposited into the Highway Safety Operating
1094 Trust Fund. A credit or refund may not be given for any prior
1095 years’ payments of the prorated replacement fee if the plate is
1096 replaced or surrendered before the end of the 10-year period,
1097 except that a credit may be given if a registrant is required by
1098 the department to replace a license plate under s.
1099 320.08056(8)(a). With each license plate, a validation sticker
1100 shall be issued showing the owner’s birth month, license plate
1101 number, and the year of expiration or the appropriate renewal
1102 period if the owner is not a natural person. The validation
1103 sticker shall be placed on the upper right corner of the license
1104 plate. The license plate and validation sticker shall be issued
1105 based on the applicant’s appropriate renewal period. The
1106 registration period is 12 months, the extended registration
1107 period is 24 months, and all expirations occur based on the
1108 applicant’s appropriate registration period. Rental vehicles
1109 formerly taxed pursuant to s. 320.08(6)(a), Florida Statutes
1110 2023, may elect a permanent registration period, provided
1111 payment of the appropriate license taxes and fees occurs
1112 annually.
1113 2. A vehicle that has an apportioned registration shall be
1114 issued an annual license plate and a cab card that denote the
1115 declared gross vehicle weight for each apportioned jurisdiction
1116 in which the vehicle is authorized to operate. This subparagraph
1117 expires June 30, 2024.
1118 3. Beginning July 1, 2024, a vehicle registered in
1119 accordance with the International Registration Plan must be
1120 issued a license plate for a 3-year period. At the end of the 3
1121 year period, upon renewal, the license plate must be replaced.
1122 Each license plate must include a validation sticker showing the
1123 month of expiration. A cab card denoting the declared gross
1124 vehicle weight for each apportioned jurisdiction must be issued
1125 annually. The fee for an original or a renewal cab card is $28,
1126 which must be deposited into the Highway Safety Operating Trust
1127 Fund. If the license plate is damaged or worn, it may be
1128 replaced at no charge by applying to the department and
1129 surrendering the current license plate.
1130 4. In order to retain the efficient administration of the
1131 taxes and fees imposed by this chapter, the 80-cent fee increase
1132 in the replacement fee imposed by chapter 2009-71, Laws of
1133 Florida, is negated as provided in s. 320.0804.
1134 (c) Registration license plates equipped with validation
1135 stickers subject to the registration period are valid for not
1136 more than 12 months and expire at midnight on the last day of
1137 the registration period. A registration license plate equipped
1138 with a validation sticker subject to the extended registration
1139 period is valid for not more than 24 months and expires at
1140 midnight on the last day of the extended registration period. A
1141 registration license plate equipped with a validation sticker
1142 subject to a permanent registration period is permanently valid
1143 but shall become void if appropriate license taxes and fees are
1144 not paid annually. For each registration period after the one in
1145 which the metal registration license plate is issued, and until
1146 the license plate is required to be replaced, a validation
1147 sticker showing the month and year of expiration shall be issued
1148 upon payment of the proper license tax amount and fees and is
1149 valid for not more than 12 months. For each extended
1150 registration period occurring after the one in which the metal
1151 registration license plate is issued and until the license plate
1152 is required to be replaced, a validation sticker showing the
1153 year of expiration shall be issued upon payment of the proper
1154 license tax amount and fees and is valid for not more than 24
1155 months. For each permanent registration period occurring after
1156 the one in which the metal registration license plate is issued
1157 and until the license plate is required to be replaced, a
1158 validation sticker showing a permanent registration period shall
1159 be issued upon payment of the proper license tax amount and fees
1160 and is permanently valid but shall become void if the proper
1161 license taxes and fees are not paid annually. When license
1162 plates equipped with validation stickers are issued in any month
1163 other than the owner’s birth month or the designated
1164 registration period for any other motor vehicle, the effective
1165 date shall reflect the birth month or month and the year of
1166 renewal. However, when a license plate or validation sticker is
1167 issued for a period of less than 12 months, the applicant shall
1168 pay the appropriate amount of license tax and the applicable fee
1169 under s. 320.14 in addition to all other fees. Validation
1170 stickers issued for vehicles formerly taxed under s.
1171 320.08(6)(a), Florida Statutes 2023, for any company that owns
1172 250 vehicles or more, or for semitrailers formerly taxed under
1173 the provisions of s. 320.08(5)(a), Florida Statutes 2023, for
1174 any company that owns 50 vehicles or more, may be placed on any
1175 vehicle in the fleet so long as the vehicle receiving the
1176 validation sticker has the same owner’s name and address as the
1177 vehicle to which the validation sticker was originally assigned.
1178 (3)(a) Registration license plates must be made of metal
1179 specially treated with a retroreflection material, as specified
1180 by the department. The registration license plate is designed to
1181 increase nighttime visibility and legibility and must be at
1182 least 6 inches wide and not less than 12 inches in length,
1183 unless a plate with reduced dimensions is deemed necessary by
1184 the department to accommodate motorcycles, mopeds, or similar
1185 smaller vehicles. Validation stickers must also be treated with
1186 a retroreflection material, must be of such size as specified by
1187 the department, and must adhere to the license plate. The
1188 registration license plate must be imprinted with a combination
1189 of bold letters and numerals or numerals, not to exceed seven
1190 digits, to identify the registration license plate number. The
1191 license plate must be imprinted with the word “Florida” at the
1192 top and the name of the county in which it is sold, the state
1193 motto, or the words “Sunshine State” at the bottom. Apportioned
1194 license plates must have the word “Apportioned” at the bottom,
1195 and license plates issued for vehicles formerly taxed under s.
1196 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14), Florida
1197 Statutes 2023, must have the word “Restricted” at the bottom.
1198 License plates issued for vehicles formerly taxed under s.
1199 320.08(12), Florida Statutes 2023, must be imprinted with the
1200 word “Florida” at the top and the word “Dealer” at the bottom
1201 unless the license plate is a specialty license plate as
1202 authorized in s. 320.08056. Manufacturer license plates issued
1203 for vehicles formerly taxed under s. 320.08(12), Florida
1204 Statutes 2023, must be imprinted with the word “Florida” at the
1205 top and the word “Manufacturer” at the bottom. License plates
1206 issued for vehicles formerly taxed under s. 320.08(5)(d) or (e),
1207 Florida Statutes 2023, must be imprinted with the word “Wrecker”
1208 at the bottom. Any county may, upon majority vote of the county
1209 commission, elect to have the county name removed from the
1210 license plates sold in that county. The state motto or the words
1211 “Sunshine State” shall be printed in lieu thereof. A license
1212 plate issued for a vehicle formerly taxed under s. 320.08(6),
1213 Florida Statutes 2023, may not be assigned a registration
1214 license number, or be issued with any other distinctive
1215 character or designation, that distinguishes the motor vehicle
1216 as a for-hire motor vehicle.
1217 Section 32. Paragraph (b) of subsection (2) and paragraphs
1218 (a) and (b) of subsection (5) of section 320.0609, Florida
1219 Statutes, are amended to read:
1220 320.0609 Transfer and exchange of registration license
1221 plates; transfer fee.—
1222 (2)
1223 (b) The requirement to pay a transfer fee does not apply
1224 when the replacement vehicle is classified under former s.
1225 320.08(2)(b), (c), or (d) or (3)(a), (b), or (c), Florida
1226 Statutes 2023, and the original vehicle to be replaced is also
1227 classified under former s. 320.08(2)(b), (c), or (d) or (3)(a),
1228 (b), or (c), Florida Statutes 2023.
1229 (5) For a transfer or exchange other than one specified in
1230 paragraph (2)(b), the following provisions apply:
1231 (a) If the replacement motor vehicle is classified under
1232 the same provisions of former s. 320.08, Florida Statutes 2023,
1233 requires the same amount of license tax under s. 320.08 as the
1234 original vehicle to be replaced, no additional fee tax other
1235 than the transfer fee of $4.50, accompanied by an application
1236 for transfer on a form supplied by the department, is required
1237 to transfer or exchange a registration license plate for use on
1238 a replacement vehicle for the duration of a current registration
1239 period and to issue a new certificate of registration.
1240 (b) If the replacement motor vehicle is within a
1241 classification requiring a higher license tax under former s.
1242 320.08, Florida Statutes 2023, than that of the original vehicle
1243 to be replaced, the original license plate shall be surrendered
1244 in exchange for a plate within the appropriate classification,
1245 and an amount representing the pro rata difference in the tax
1246 required shall be paid for the remaining months of the
1247 registration period. Such payment is in addition to the transfer
1248 fee authorized in this section. The minimum charge for issuance
1249 of a license plate provided in s. 320.14 does not apply to an
1250 exchange of license plates under this section.
1251 Section 33. Subsection (3) of section 320.0655, Florida
1252 Statutes, is amended to read:
1253 320.0655 Permanent license plates for governmental entities
1254 and volunteer fire departments.—
1255 (3) Any motor vehicle issued a license plate pursuant to
1256 this section is exempt from the requirement to pay annual
1257 license taxes pursuant to s. 320.08 but must pay the fee
1258 provided by s. 320.10(2).
1259 Section 34. Paragraphs (a) and (c) of subsection (2) of
1260 section 320.0657, Florida Statutes, are amended to read:
1261 320.0657 Permanent registration; fleet license plates.—
1262 (2)(a) The owner or lessee of a fleet of motor vehicles
1263 shall, upon application in the manner and at the time prescribed
1264 and upon approval by the department and payment of the license
1265 tax prescribed under s. 320.08(2), (3), (4), (5)(a) and (b),
1266 (6)(a), (7), and (8), be issued permanent fleet license plates.
1267 All vehicles with a fleet license plate shall have the company’s
1268 name or logo and unit number displayed so that they are readily
1269 identifiable.
1270 (c) In addition to the license tax prescribed by s.
1271 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), An
1272 annual fleet management fee of $2 shall be charged. A one-time
1273 license plate manufacturing fee of $1.50 shall be charged for
1274 plates issued for the established number of vehicles in the
1275 fleet. If the size of the fleet is increased, an issuance fee of
1276 $10 per vehicle will be charged to include the license plate
1277 manufacturing fee. If the license plate manufacturing cost
1278 increases, the department shall increase the license plate
1279 manufacturing fee to recoup its cost. Fees collected shall be
1280 deposited into the Highway Safety Operating Trust Fund. Payment
1281 of registration license tax and fees shall be made annually and
1282 be evidenced only by the issuance of a single receipt by the
1283 department. The provisions of s. 320.0605 do not apply to
1284 vehicles registered in accordance with this section, and no
1285 annual validation sticker is required.
1286 Section 35. Section 320.0659, Florida Statutes, is amended
1287 to read:
1288 320.0659 Permanent registration of trailer for hire and
1289 semitrailers.—
1290 (1) A permanent license plate may be issued for any
1291 semitrailer classified under former s. 320.08(5)(a)2., Florida
1292 Statutes 2023. All such license plates shall be of a distinctive
1293 color, and shall be imprinted with the words “Permanent Trl” at
1294 the bottom. Such plates shall be displayed as required by s.
1295 316.605 and shall be removed upon the sale of the vehicle or
1296 upon the vehicle’s being removed from service. If the plate is
1297 lost, mutilated, or destroyed, the plate may be replaced as
1298 provided by s. 320.0607. The use of such plate on any vehicle
1299 other than the one to which it is issued is prohibited. No
1300 refunds shall be issued for this plate.
1301 (2) If apportionment is required for a permanent
1302 semitrailer, the apportionment must be indicated by means of a
1303 serially numbered decal, or decals, with the name of the state
1304 for which apportionment is granted and the year for which the
1305 apportionment is valid. The apportionment must be for 1 calendar
1306 year and must be renewed as necessary. For jurisdictions that do
1307 not require additional trailer fees, the fee provided in s.
1308 320.08(5)(a)2. applies.
1309 Section 36. Subsection (2) of section 320.07, Florida
1310 Statutes, is amended to read:
1311 320.07 Expiration of registration; renewal required;
1312 penalties.—
1313 (2) Registration shall be renewed semiannually, annually,
1314 or biennially, as provided in this subsection, during the
1315 applicable renewal period, upon payment of the applicable
1316 license tax amounts required by s. 320.08, service charges
1317 required by s. 320.04, and any additional fees required by law.
1318 (a) Any person who owns a motor vehicle registered under
1319 former s. 320.08(4)(c)-(n), (6)(b), or (13), Florida Statutes
1320 2023, may register semiannually as provided in s. 320.0705.
1321 (b) Any person who owns a motor vehicle or mobile home
1322 registered under former s. 320.08(1), (2), (3), (4)(a) or (b),
1323 (6), (7), (8), (9), (10), or (11), Florida Statutes 2023, may
1324 renew the vehicle registration biennially during the applicable
1325 renewal period upon payment of the 2-year cumulative total of
1326 all applicable license tax amounts required by s. 320.08 and
1327 service charges or surcharges required by ss. 320.03, 320.04,
1328 320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046,
1329 and 320.08056 and payment of the 2-year cumulative total of any
1330 additional fees required by law for an annual registration.
1331 Section 37. Section 320.0705, Florida Statutes, is amended
1332 to read:
1333 320.0705 Semiannual registration or renewal for certain
1334 vehicles.—
1335 (1) The owner of a motor vehicle formerly taxed under s.
1336 320.08(4)(c)-(n) or (6)(b), Florida Statutes 2023, may register
1337 his or her vehicle semiannually, if the amount of license tax
1338 due annually is more than $100 and the vehicle registration fee
1339 is not required to be apportioned, upon payment of a fee of
1340 $2.50 for each semiannual registration.
1341 (2) During the first 3 months of the semiannual
1342 registration period beginning either June 1 or December 1, the
1343 semiannual tax shall be one-half of the respective annual amount
1344 set forth in s. 320.08. The fee for registration during the
1345 fourth month of the semiannual period or thereafter shall be at
1346 the rate of one-twelfth of the annual amount for the month of
1347 registration and one-twelfth of the annual amount for each month
1348 of the semiannual registration period succeeding the month of
1349 registration. However, any vehicle not registered in this state
1350 during the prior semiannual period and not subject to
1351 registration during such prior registration period may be
1352 registered in any month of the semiannual registration period
1353 beginning June 1 or December 1 at the rate of one-twelfth of the
1354 annual amount for the month of registration and one-twelfth of
1355 the annual amount for each month of the semiannual period
1356 succeeding the month of registration. The provisions of s.
1357 320.14 do not apply to such vehicles.
1358 (2)(3) The owner of a motor vehicle formerly taxed under s.
1359 320.08(6)(a), Florida Statutes 2023, may register such vehicle
1360 for any 6-month period upon payment of one-half the annual
1361 license tax plus an additional fee of $2.50 for each period;
1362 provided, notwithstanding any other provision of law, such
1363 person is not entitled to a refund of any tax imposed under s.
1364 320.08(6) upon such vehicle.
1365 Section 38. Subsection (2) of section 320.071, Florida
1366 Statutes, is amended to read:
1367 320.071 Advance registration renewal; procedures.—
1368 (2) Upon the filing of the application and payment of the
1369 appropriate license tax under s. 320.08, service charges
1370 required by s. 320.04, and any additional fees required by law,
1371 the department or its agent shall issue to the owner of the
1372 motor vehicle or mobile home a validation sticker or mobile home
1373 sticker, as appropriate, which, when affixed to the license
1374 plate or mobile home, shall renew the registration for the
1375 appropriate registration period.
1376 Section 39. Subsection (1), paragraph (f) of subsection
1377 (2), and subsection (3) of section 320.072, Florida Statutes,
1378 are amended to read:
1379 320.072 Additional fee imposed on certain motor vehicle
1380 registration transactions.—
1381 (1) A fee of $225 is imposed upon the initial application
1382 for registration pursuant to s. 320.06 of every motor vehicle
1383 classified in former s. 320.08(2), (3), and (9)(c) and (d),
1384 Florida Statutes 2023.
1385 (2) The fee imposed by subsection (1) shall not apply to:
1386 (f) The registration of a truck defined in former s.
1387 320.08(3)(d), Florida Statutes 2023.
1388 (3) A refund of the fee imposed under subsection (1) shall
1389 be granted to anyone who, within 3 months after paying such fee,
1390 sells, transfers, or otherwise disposes of a motor vehicle
1391 classified in former s. 320.08(2), (3), or (9)(c) or (d),
1392 Florida Statutes 2023, in any transaction not exempt from the
1393 fee pursuant to paragraph (2)(b), paragraph (2)(c), or paragraph
1394 (2)(d). A person requesting a refund must present proof of
1395 having paid the fee pursuant to subsection (1) and must
1396 surrender the license plate of the disposed-of vehicle.
1397 Section 40. Section 320.0801, Florida Statutes, is amended
1398 to read:
1399 320.0801 Additional License tax on certain vehicles.—
1400 (1) In addition to the license taxes specified in s. 320.08
1401 and in subsection (2), there is hereby levied and imposed an
1402 annual license tax of 10 cents for the operation of a motor
1403 vehicle, as defined in s. 320.01, and moped, as defined in s.
1404 316.003, which tax shall be paid to the department or its agent
1405 upon the registration or renewal of registration of the vehicle.
1406 Notwithstanding s. 320.20, Revenues collected from the tax
1407 imposed in this subsection shall be deposited in the Emergency
1408 Medical Services Trust Fund and used solely for the purpose of
1409 carrying out ss. 395.401, 395.4015, 395.404, and 395.4045 and s.
1410 11, chapter 87-399, Laws of Florida.
1411 (2) In addition to the license taxes imposed by s. 320.08
1412 and by subsection (1), there is imposed an additional surcharge
1413 of $10 on each commercial motor vehicle having a gross vehicle
1414 weight of 10,000 pounds or more, which surcharge must be paid to
1415 the department or its agent upon the registration or renewal of
1416 registration of the commercial motor vehicle. Fifty
1417 Notwithstanding the provisions of s. 320.20, 50 percent of the
1418 revenues collected from the surcharge imposed in this subsection
1419 shall be deposited into the State Transportation Trust Fund, and
1420 50 percent shall be deposited in the General Revenue Fund.
1421 Section 41. Subsection (2) of section 320.0803, Florida
1422 Statutes, is amended to read:
1423 320.0803 Moped license plates.—
1424 (2) Each request for a license plate for a moped shall be
1425 submitted to the department or its agent on an application form
1426 supplied by the department, accompanied by the license tax
1427 required in s. 320.08.
1428 Section 42. Section 320.08035, Florida Statutes, is amended
1429 to read:
1430 320.08035 Persons who have disabilities; reduced dimension
1431 license plate.—The owner or lessee of a motorcycle, moped, or
1432 motorized disability access vehicle who resides in this state
1433 and qualifies for a parking permit for a person who has a
1434 disability under s. 320.0848, upon application and payment of
1435 the appropriate license tax and fees under s. 320.08(1), must be
1436 issued a license plate that has reduced dimensions as provided
1437 under s. 320.06(3)(a). The plate must be stamped with the
1438 international symbol of accessibility after the numeric and
1439 alpha serial number of the license plate. The plate entitles the
1440 person to all privileges afforded by a disabled parking permit
1441 issued under s. 320.0848.
1442 Section 43. Subsections (2) and (9) of section 320.0805,
1443 Florida Statutes, are amended to read:
1444 320.0805 Personalized prestige license plates.—
1445 (2) Each request for specific numbers or letters or
1446 combinations thereof shall be submitted annually to the
1447 department on an application form supplied by the department,
1448 accompanied by the following tax and fees:
1449 (a) The license tax required for the vehicle, as set forth
1450 in s. 320.08.
1451 (a)(b) A prestige plate annual use fee of $10.
1452 (b)(c) A processing fee of $5, to be deposited into the
1453 Highway Safety Operating Trust Fund.
1454 (9) The annual use fee generated pursuant to this section
1455 shall be distributed pursuant to s. 320.20.
1456 Section 44. Subsection (3), paragraph (c) of subsection
1457 (8), paragraph (a) of subsection (10), and subsection (12) of
1458 section 320.08056, Florida Statutes, are amended to read:
1459 320.08056 Specialty license plates.—
1460 (3) Each request must be made annually to the department or
1461 an authorized agent serving on behalf of the department,
1462 accompanied by the following tax and fees:
1463 (a) The license tax required for the vehicle as set forth
1464 in s. 320.08.
1465 (a)(b) A processing fee of $5, to be deposited into the
1466 Highway Safety Operating Trust Fund.
1467 (b)(c) A license plate fee as required by s. 320.06(1)(b).
1468 (c)(d) Unless the amount of an annual use fee is otherwise
1469 specified in subsection (4) for a particular specialty license
1470 plate, an annual use fee of $25 for any specialty license plate
1471 that is required to be developed under s. 320.08058.
1472
1473 A request may be made any time during a registration period. If
1474 a request is made for a specialty license plate to replace a
1475 current valid license plate, the specialty license plate must be
1476 issued with appropriate decals attached at no tax for the plate,
1477 but all fees and service charges must be paid. If a request is
1478 made for a specialty license plate at the beginning of the
1479 registration period, the tax, together with all applicable fees
1480 and service charges, must be paid.
1481 (8)
1482 (c) A vehicle owner or lessee issued a specialty license
1483 plate that has been discontinued by the department may keep the
1484 discontinued specialty license plate for the remainder of the
1485 10-year license plate replacement period and must pay all other
1486 applicable registration fees. However, such owner or lessee is
1487 exempt from paying the applicable specialty license plate annual
1488 use fee under paragraph (3)(c) (3)(d) or subsection (4) for the
1489 remainder of the 10-year license plate replacement period.
1490 (10)(a) A specialty license plate annual use fee collected
1491 and distributed under this chapter, or any interest earned from
1492 those fees, may not be used for commercial or for-profit
1493 activities nor for general or administrative expenses, except as
1494 authorized by s. 320.08058 or to pay the cost of the audit or
1495 report required by s. 320.08062(1). The fees and any interest
1496 earned from the fees may be expended only for use in this state
1497 unless the annual use fee is derived from the sale of United
1498 States Armed Forces and veterans-related specialty license
1499 plates pursuant to paragraph (3)(c) (3)(d) for the Support Our
1500 Troops, American Legion, and Honor Flight license plates;
1501 paragraphs (4)(b), (q), and (v) for the Florida Salutes
1502 Veterans, United States Marine Corps, and Military Services
1503 license plates, respectively; and s. 320.0891 for the U.S.
1504 Paratrooper license plate.
1505 (12) Notwithstanding s. 320.08058(3)(a), the department, in
1506 cooperation with the independent colleges or universities as
1507 described in s. 1009.89, shall create a standard template
1508 specialty license plate with a unique logo or graphic
1509 identifying each independent college or university. Each
1510 independent college or university may elect to use this standard
1511 template specialty license plate in lieu of its own specialty
1512 license plate. Annual use fees from the sale of these license
1513 plates shall be distributed to the independent college or
1514 university for which the logo or graphic is displayed on the
1515 license plate and shall be used as provided in s. 320.08058(3).
1516 An independent college or university opting to use the standard
1517 template specialty license plate shall have the standard
1518 template specialty license plate sales added to the total number
1519 of remaining current valid registrations under paragraph (8)(a)
1520 for the formerly separate independent college and university
1521 license plates which were issued before the independent college
1522 or university elected to use the standard template specialty
1523 license plate for purposes of the standard template specialty
1524 license plate meeting the minimum license plate sales threshold
1525 in paragraph (8)(a) and for determining the license plate limit
1526 in s. 320.08053(3)(b). Specialty license plates created pursuant
1527 to this subsection must be ordered directly from the department.
1528 If the independent college or university elects to use the
1529 standard template specialty license plate, the department shall
1530 discontinue the existing specialty license plate and,
1531 notwithstanding paragraph (8)(c), shall continue to collect the
1532 applicable specialty license plate annual use fee under
1533 paragraph (3)(c) (3)(d) or subsection (4) for the remainder of
1534 the 10-year license plate replacement period for the existing
1535 plate being discontinued or being replaced with the standard
1536 template specialty license plate.
1537 Section 45. Paragraph (c) of subsection (5) of section
1538 320.08058, Florida Statutes, is amended to read:
1539 320.08058 Specialty license plates.—
1540 (5) FLORIDA PANTHER LICENSE PLATES.—
1541 (c) A person or corporation that purchases 10,000 or more
1542 panther license plates shall pay an annual use fee of $5 per
1543 plate and an annual processing fee of $2 per plate, in addition
1544 to the applicable license tax required under s. 320.08.
1545 Section 46. Subsection (3) of section 320.08068, Florida
1546 Statutes, is amended to read:
1547 320.08068 Motorcycle specialty license plates.—
1548 (3) Each request must be made annually to the department,
1549 accompanied by the following taxes and fees:
1550 (a) The license tax required under s. 320.08.
1551 (a)(b) A license plate fee as required by s. 320.06(1)(b).
1552 (b)(c) A processing fee of $2.
1553 (c)(d) A license plate annual use fee as required in
1554 subsection (4).
1555 Section 47. Section 320.0815, Florida Statutes, is amended
1556 to read:
1557 320.0815 Mobile homes and recreational vehicle-type units
1558 required to have appropriate license plates or stickers.—
1559 (1) Recreational vehicle-type units formerly taxed under s.
1560 320.08(9) and (10), Florida Statutes 2023, shall be issued
1561 appropriate license plates, except as provided in subsection
1562 (2).
1563 (2) A mobile home or recreational vehicle-type unit which
1564 is permanently affixed to the land shall be issued a mobile home
1565 sticker at the fee prescribed in s. 320.08(11) unless the mobile
1566 home or recreational vehicle-type unit is qualified and taxed as
1567 real property, in which case the mobile home or recreational
1568 vehicle-type unit shall be issued an “RP” series sticker. Series
1569 “RP” stickers shall be provided by the department to the tax
1570 collectors, and such a sticker will be issued by the tax
1571 collector to the registered owner of such a mobile home or
1572 recreational vehicle-type unit upon the production of a
1573 certificate of the respective property appraiser that such
1574 mobile home or recreational vehicle-type unit is included in an
1575 assessment of the property of such registered owner for ad
1576 valorem taxation. An “RP” series sticker shall be issued by the
1577 tax collector for an aggregate fee of $3 each, to be distributed
1578 as follows: $2.50 shall be retained by the tax collector as a
1579 service charge; 25 cents shall be remitted to the property
1580 appraiser; and 25 cents shall be remitted to the department to
1581 defray the cost of manufacture and handling. Mobile home
1582 stickers and “RP” series stickers shall be of a size to be
1583 determined by the department. A mobile home sticker or “RP”
1584 series sticker shall be affixed to the lower left corner of the
1585 window closest to the street or road providing access to such
1586 residence.
1587 Section 48. Subsections (1) and (3) of section 320.0821,
1588 Florida Statutes, are amended to read:
1589 320.0821 Wrecker license plates.—
1590 (1) The department shall issue a wrecker license plate to
1591 the owner of any motor vehicle that is used to tow, carry, or
1592 otherwise transport motor vehicles and that is equipped for that
1593 purpose with a boom, winch, carrier, or other similar equipment,
1594 except a motor vehicle registered under the International
1595 Registration Plan, upon application and payment of the
1596 appropriate license tax and fees in accordance with s.
1597 320.08(5)(d) or (e).
1598 (3) Any license plate issued under former s. 320.08(5)(e),
1599 Florida Statutes 2023, shall be in a distinctive color approved
1600 by the department.
1601 Section 49. Subsection (1) of section 320.083, Florida
1602 Statutes, is amended to read:
1603 320.083 Amateur radio operators; special license plates;
1604 fees.—
1605 (1) A person who is the owner or lessee of an automobile or
1606 truck for private use, a truck weighing not more than 7,999
1607 pounds, or a recreational vehicle as specified in former s.
1608 320.08(9)(c) or (d), Florida Statutes 2023, which is not used
1609 for hire or commercial use; who is a resident of the state; and
1610 who holds a valid official amateur radio station license
1611 recognized by the Federal Communications Commission shall be
1612 issued a special license plate upon application, accompanied by
1613 proof of ownership of such radio station license, and payment of
1614 the following tax and fees:
1615 (a) The license tax required for the vehicle, as prescribed
1616 by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), (c), (d),
1617 (e), or (f), or (9); and
1618 (b) an initial additional fee of $5, and a an additional
1619 fee of $1.50 thereafter.
1620 Section 50. Subsection (1) of section 320.0843, Florida
1621 Statutes, is amended to read:
1622 320.0843 License plates for persons with disabilities
1623 eligible for permanent disabled parking permits.—
1624 (1) Any owner or lessee of a motor vehicle classified in
1625 former s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b),
1626 (6)(a), or (9)(c) or (d), Florida Statutes 2023, who resides in
1627 this state and qualifies for a disabled parking permit under s.
1628 320.0848(2), upon application to the department and payment of
1629 the license tax for a motor vehicle registered under s.
1630 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1631 (9)(c) or (d), shall be issued a license plate as provided by s.
1632 320.06 which, in lieu of the serial number prescribed by s.
1633 320.06, shall be stamped with the international wheelchair user
1634 symbol after the serial number of the license plate. The license
1635 plate entitles the person to all privileges afforded by a
1636 parking permit issued under s. 320.0848. When more than one
1637 registrant is listed on the registration issued under this
1638 section, the eligible applicant shall be noted on the
1639 registration certificate.
1640 Section 51. Section 320.0847, Florida Statutes, is amended
1641 to read:
1642 320.0847 Mini truck and low-speed vehicle license plates.—
1643 (1) The department shall issue a license plate of to the
1644 owner or lessee of any vehicle registered as a low-speed vehicle
1645 as defined in s. 320.01 or a mini truck as defined in s. 320.01
1646 upon payment of the appropriate license taxes and fees
1647 prescribed in s. 320.08.
1648 (2) The license plate for a low-speed vehicle or mini truck
1649 shall comply with the provisions of s. 320.06.
1650 Section 52. Subsection (1), paragraph (a) of subsection
1651 (2), and subsection (3) of section 320.086, Florida Statutes,
1652 are amended to read:
1653 320.086 Ancient or antique motor vehicles; horseless
1654 carriage, antique, or historical license plates; former military
1655 vehicles.—
1656 (1) The owner of a motor vehicle for private use
1657 manufactured in model year 1945 or earlier and operated on the
1658 streets and highways of this state shall, upon application in
1659 the manner and at the time prescribed by the department and upon
1660 payment of the license tax for an ancient motor vehicle
1661 prescribed by s. 320.08(1)(g), (2)(a), or (3)(e), be issued a
1662 special license plate for such motor vehicle. The license plate
1663 shall be permanent and valid for use without renewal so long as
1664 the vehicle is in existence. In addition to the payment of all
1665 other fees required by law, the applicant shall pay such fee for
1666 the issuance of the special license plate as may be prescribed
1667 by the department commensurate with the cost of its manufacture.
1668 The registration numbers and special license plates assigned to
1669 such motor vehicles shall run in a separate numerical series,
1670 commencing with “Horseless Carriage No. 1,” and the plates shall
1671 be of a distinguishing color.
1672 (2)(a) The owner of a motor vehicle for private use
1673 manufactured in a model year after 1945 and of the age of 30
1674 years or more after the model year and operated on the streets
1675 and highways of this state may, upon application in the manner
1676 and at the time prescribed by the department and upon payment of
1677 the license tax prescribed by s. 320.08(1)(g), (2)(a), or
1678 (3)(e), be issued a special license plate for such motor
1679 vehicle. In addition to the payment of all other fees required
1680 by law, the applicant shall pay the fee for the issuance of the
1681 special license plate prescribed by the department, commensurate
1682 with the cost of its manufacture. The registration numbers and
1683 special license plates assigned to such motor vehicles shall run
1684 in a separate numerical series, commencing with “Antique No. 1,”
1685 and the plates shall be of a distinguishing color. The owner of
1686 the motor vehicle may, upon application and payment of the
1687 license tax prescribed by s. 320.08, be issued a regular Florida
1688 license plate or specialty license plate in lieu of the special
1689 “Antique” license plate.
1690 (3) The owner of an ancient or antique firefighting
1691 apparatus, former military vehicle, or other historical motor
1692 vehicle 30 years old or older which is used only in exhibitions,
1693 parades, or public display may, upon application in the manner
1694 and at the time prescribed by the department and upon payment of
1695 the license tax prescribed by s. 320.08(2)(a), be issued a
1696 license plate as prescribed in subsection (1) or subsection (2).
1697 License plates issued under this subsection shall be permanent
1698 and valid for use without renewal as long as the vehicle is in
1699 existence and its use is consistent with this subsection.
1700 Section 53. Paragraph (a) of subsection (3) of section
1701 320.0863, Florida Statutes, is amended to read:
1702 320.0863 Custom vehicles and street rods; registration and
1703 license plates.—
1704 (3) To register a street rod or custom vehicle, the owner
1705 shall apply to the department by submitting a completed
1706 application form and providing:
1707 (a) The license tax prescribed by s. 320.08(2)(a) and A
1708 processing fee of $3;
1709 Section 54. Subsection (1) of section 320.0875, Florida
1710 Statutes, is amended to read:
1711 320.0875 Purple Heart special motorcycle license plate.—
1712 (1) Upon application to the department and payment of the
1713 license tax for the motorcycle as provided in s. 320.08, a
1714 resident of the state who owns or leases a motorcycle that is
1715 not used for hire or commercial use shall be issued a Purple
1716 Heart special motorcycle license plate if he or she provides
1717 documentation acceptable to the department that he or she is a
1718 recipient of the Purple Heart medal.
1719 Section 55. Section 320.089, Florida Statutes, is amended
1720 to read:
1721 320.089 Veterans of the United States Armed Forces; members
1722 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1723 recipients; Bronze Star recipients; active or retired United
1724 States Armed Forces reservists; Combat Infantry Badge, Combat
1725 Medical Badge, or Combat Action Badge recipients; Combat Action
1726 Ribbon recipients; Air Force Combat Action Medal recipients;
1727 Distinguished Flying Cross recipients; former prisoners of war;
1728 Korean War Veterans; Vietnam War Veterans; Operation Desert
1729 Shield Veterans; Operation Desert Storm Veterans; Operation
1730 Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
1731 Women Veterans; World War II Veterans; Navy Submariners; and
1732 Army of Occupation Veterans; special license plates; fee.—
1733 (1)(a) Each owner or lessee of an automobile or truck for
1734 private use or recreational vehicle as specified in former s.
1735 320.08(9)(c) or (d), Florida Statutes 2023, which is not used
1736 for hire or commercial use, who is a resident of the state and a
1737 veteran of the United States Armed Forces, a Woman Veteran, a
1738 World War II Veteran, a Navy Submariner, an active or retired
1739 member of the Florida National Guard, a survivor of the attack
1740 on Pearl Harbor, a recipient of the Purple Heart medal, a
1741 recipient of the Bronze Star, an active or retired member of any
1742 branch of the United States Armed Forces Reserve, or a recipient
1743 of the Combat Infantry Badge, Combat Medical Badge, Combat
1744 Action Badge, Combat Action Ribbon, Air Force Combat Action
1745 Medal, or Distinguished Flying Cross, upon application to the
1746 department, accompanied by proof of release or discharge from
1747 any branch of the United States Armed Forces, proof of active
1748 membership or retired status in the Florida National Guard,
1749 proof of membership in the Pearl Harbor Survivors Association or
1750 proof of active military duty in Pearl Harbor on December 7,
1751 1941, proof of being a Purple Heart medal recipient, proof of
1752 being a Bronze Star recipient, proof of active or retired
1753 membership in any branch of the United States Armed Forces
1754 Reserve, or proof of membership in the Combat Infantrymen’s
1755 Association, Inc., or proof of being a recipient of the Combat
1756 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1757 Combat Action Ribbon, Air Force Combat Action Medal, or
1758 Distinguished Flying Cross, and upon payment of the license tax
1759 for the vehicle as provided in s. 320.08, shall be issued a
1760 license plate as provided by s. 320.06 which, in lieu of the
1761 serial numbers prescribed by s. 320.06, is stamped with the
1762 words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
1763 Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
1764 wounded veteran,” “Bronze Star,” “U.S. Reserve,” “Combat
1765 Infantry Badge,” “Combat Medical Badge,” “Combat Action Badge,”
1766 “Combat Action Ribbon,” “Air Force Combat Action Medal,” or
1767 “Distinguished Flying Cross,” as appropriate, and a likeness of
1768 the related campaign medal or badge, followed by the serial
1769 number of the license plate. Additionally, the Purple Heart
1770 plate may have the words “Purple Heart” stamped on the plate and
1771 the likeness of the Purple Heart medal appearing on the plate.
1772 (b) The military members listed in paragraph (a) are
1773 eligible to be issued special veteran’s motorcycle license
1774 plates. The veteran’s motorcycle license plate design shall be
1775 the same as the design for the motor vehicle “Veteran” and
1776 “Woman Veteran” special license plate. The word “Veteran” or
1777 “Woman Veteran” shall be displayed at the bottom of the
1778 motorcycle license plate.
1779 (c) Notwithstanding any other provision of law to the
1780 contrary, beginning with fiscal year 2002-2003 and annually
1781 thereafter, the first $100,000 in general revenue generated from
1782 the sale of license plates issued under this section shall be
1783 deposited into the Grants and Donations Trust Fund, as described
1784 in s. 296.38(2), to be used for the purposes established by law
1785 for that trust fund. Any additional general revenue generated
1786 from the sale of such plates shall be deposited into the
1787 Operations and Maintenance Trust Fund within the Department of
1788 Veterans’ Affairs and used to support program operations that
1789 benefit veterans or the operation, maintenance, or construction
1790 of domiciliary and nursing homes for veterans, subject to the
1791 requirements of chapter 216.
1792 (d) Any revenue generated from the sale of Woman Veteran
1793 license plates must be deposited into the Operations and
1794 Maintenance Trust Fund administered by the Department of
1795 Veterans’ Affairs pursuant to s. 20.375(3) and must be used
1796 solely for the purpose of creating and implementing programs to
1797 benefit women veterans. Notwithstanding any provisions of law to
1798 the contrary, an applicant for a Pearl Harbor Survivor license
1799 plate or a Purple Heart license plate who also qualifies for a
1800 disabled veteran’s license plate under s. 320.084 shall be
1801 issued the appropriate special license plate without payment of
1802 the license tax imposed by s. 320.08.
1803 (2) Each owner or lessee of an automobile or truck for
1804 private use, a truck weighing not more than 7,999 pounds, or a
1805 recreational vehicle as specified in former s. 320.08(9)(c) or
1806 (d), Florida Statutes 2023, which is not used for hire or
1807 commercial use who is a resident of this state and who is a
1808 former prisoner of war, or his or her unremarried surviving
1809 spouse, upon application to the department, shall be issued a
1810 license plate as provided in s. 320.06, stamped with the words
1811 “Ex-POW” followed by the serial number. Each application shall
1812 be accompanied by proof that the applicant meets the
1813 qualifications specified in paragraph (a) or paragraph (b).
1814 (a) A citizen of the United States who served as a member
1815 of the Armed Forces of the United States or the armed forces of
1816 a nation allied with the United States who was held as a
1817 prisoner of war at such time as the Armed Forces of the United
1818 States were engaged in combat, or his or her unremarried
1819 surviving spouse, may be issued the special license plate
1820 provided for in this subsection without payment of the license
1821 tax imposed by s. 320.08.
1822 (b) A person who was serving as a civilian with the consent
1823 of the United States Government, or a person who was a member of
1824 the Armed Forces of the United States while he or she was not a
1825 United States citizen and was held as a prisoner of war when the
1826 Armed Forces of the United States were engaged in combat, or his
1827 or her unremarried surviving spouse, may be issued the special
1828 license plate provided for in this subsection upon payment of
1829 the license tax imposed by s. 320.08.
1830 (3) Each owner or lessee of an automobile or truck for
1831 private use, a truck weighing not more than 7,999 pounds, or a
1832 recreational vehicle as specified in former s. 320.08(9)(c) or
1833 (d), Florida Statutes 2023, which is not used for hire or
1834 commercial use who is a resident of this state and who is the
1835 unremarried surviving spouse of a recipient of the Purple Heart
1836 medal, upon application to the department accompanied by the
1837 payment of the required fees, shall be issued a license plate as
1838 provided in s. 320.06 which is stamped with the words “Purple
1839 Heart” and the likeness of the Purple Heart medal followed by
1840 the serial number. Each application shall be accompanied by
1841 proof that the applicant is the unremarried surviving spouse of
1842 a recipient of the Purple Heart medal.
1843 (4) The owner or lessee of an automobile or truck for
1844 private use, a truck weighing not more than 7,999 pounds, or a
1845 recreational vehicle as specified in former s. 320.08(9)(c) or
1846 (d), Florida Statutes 2023, which is not used for hire or
1847 commercial use who is a resident of this state and a current or
1848 former member of the United States Armed Forces who was deployed
1849 and served in Korea during the Korean War as defined in s.
1850 1.01(14), upon application to the department accompanied by
1851 proof of active membership or former active duty status during
1852 the Korean War and payment of the license tax for the vehicle as
1853 provided in s. 320.08, shall be issued a license plate as
1854 provided by s. 320.06 which, in lieu of the registration license
1855 number prescribed by s. 320.06, is stamped with the words
1856 “Korean War Veteran” and a likeness of the Korean Service Medal,
1857 followed by the registration license number of the plate. Proof
1858 that the applicant was awarded the Korean Service Medal is
1859 sufficient to establish eligibility for the license plate.
1860 (5) The owner or lessee of an automobile or truck for
1861 private use, a truck weighing not more than 7,999 pounds, or a
1862 recreational vehicle as specified in former s. 320.08(9)(c) or
1863 (d), Florida Statutes 2023, which is not used for hire or
1864 commercial use who is a resident of this state and a current or
1865 former member of the United States military who was deployed and
1866 served in Vietnam during United States military deployment in
1867 Indochina, upon application to the department accompanied by
1868 proof of active membership or former active duty status during
1869 these operations and payment of the license tax for the vehicle
1870 as provided in s. 320.08, shall be issued a license plate as
1871 provided by s. 320.06 which, in lieu of the registration license
1872 number prescribed by s. 320.06, is stamped with the words
1873 “Vietnam War Veteran” and a likeness of the Vietnam Service
1874 Medal, followed by the registration license number of the plate.
1875 Proof that the applicant was awarded the Vietnam Service Medal
1876 is sufficient to establish eligibility for the license plate.
1877 (6) The owner or lessee of an automobile or truck for
1878 private use, a truck weighing not more than 7,999 pounds, or a
1879 recreational vehicle as specified in former s. 320.08(9)(c) or
1880 (d), Florida Statutes 2023, which is not used for hire or
1881 commercial use who is a resident of this state and a current or
1882 former member of the United States military who was deployed and
1883 served in Saudi Arabia, Kuwait, or another area of the Persian
1884 Gulf during Operation Desert Shield or Operation Desert Storm;
1885 in Afghanistan during Operation Enduring Freedom; or in Iraq
1886 during Operation Iraqi Freedom, upon application to the
1887 department accompanied by proof of active membership or former
1888 active duty status during one of these operations and payment of
1889 the license tax for the vehicle as provided in s. 320.08, shall
1890 be issued a license plate as provided by s. 320.06 which, in
1891 lieu of the registration license number prescribed by s. 320.06,
1892 is stamped with the words “Operation Desert Shield,” “Operation
1893 Desert Storm,” “Operation Enduring Freedom,” or “Operation Iraqi
1894 Freedom,” as appropriate, and a likeness of the related campaign
1895 medal followed by the registration license number of the plate.
1896 Proof that the applicant was awarded the Southwest Asia Service
1897 Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, or
1898 Global War on Terrorism Expeditionary Medal is sufficient to
1899 establish eligibility for the appropriate license plate.
1900 (7) The owner or lessee of an automobile or truck for
1901 private use, a truck weighing not more than 7,999 pounds, or a
1902 recreational vehicle as specified in former s. 320.08(9)(c) or
1903 (d), Florida Statutes 2023, which is not used for hire or
1904 commercial use who is a resident of this state and a current or
1905 former member of the United States military who was permanently
1906 assigned to occupation forces in specific overseas locations
1907 during the Cold War between May 9, 1945, and October 2, 1990,
1908 upon application to the department accompanied by proof of
1909 active membership or former active duty status during this
1910 period at one of these locations and payment of the license tax
1911 for the vehicle as provided in s. 320.08, shall be issued a
1912 license plate as provided by s. 320.06 which, in lieu of the
1913 registration license number prescribed by s. 320.06, is stamped
1914 with the words “Army of Occupation” and a likeness of the
1915 subject medal, followed by the registration license number of
1916 the plate. Proof that the applicant was awarded the Army of
1917 Occupation Medal is sufficient to establish eligibility for the
1918 license plate.
1919 Section 56. Subsections (3) and (5) of section 320.0891,
1920 Florida Statutes, are amended to read:
1921 320.0891 U.S. Paratroopers license plate.—
1922 (3) Each owner or lessee of an automobile or truck for
1923 private use, truck weighing not more than 7,999 pounds, or
1924 recreational vehicle as specified in former s. 320.08(9)(c) or
1925 (d), Florida Statutes 2023, which is not used for hire or
1926 commercial use, who is a resident of this state and who meets
1927 the qualifications contained in subsection (2) shall, upon
1928 application therefor to the department, with the payment of the
1929 taxes and fees described in subsection (5), be issued a U.S.
1930 Paratroopers license plate. Each application must be accompanied
1931 by proof that the applicant has been decorated as a parachutist,
1932 has completed the U.S. Army Jump School, or has completed U.S.
1933 Army Air Assault School.
1934 (5) Each request must be made annually to the department,
1935 accompanied by the following tax and fees:
1936 (a) The license tax required for the vehicle as set forth
1937 in s. 320.08.
1938 (a)(b) A processing fee of $2.
1939 (b)(c) A license plate fee as required under s.
1940 320.06(1)(b).
1941 (c)(d) A license plate annual use fee of $20.
1942 Section 57. Section 320.0892, Florida Statutes, is amended
1943 to read:
1944 320.0892 Motor vehicle license plates for recipients of the
1945 Silver Star, Distinguished Service Cross, Navy Cross, or Air
1946 Force Cross.—Upon receipt of an application and proof that the
1947 applicant meets the qualifications listed in this section for
1948 the applicable license plate, the department shall issue the
1949 applicable license plate to the applicant without payment of the
1950 license tax imposed under s. 320.08:
1951 (1) SILVER STAR.—Any United States citizen who is a
1952 resident of Florida and who was awarded the Silver Star while
1953 serving as a member of the United States Armed Forces shall be
1954 issued a license plate on which is stamped the words “Silver
1955 Star” followed by the serial number.
1956 (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen
1957 who is a resident of Florida and who was awarded the
1958 Distinguished Service Cross while serving as a member of the
1959 United States Armed Forces shall be issued a license plate on
1960 which is stamped the words “Distinguished Service Cross”
1961 followed by the serial number.
1962 (3) NAVY CROSS.—Any United States citizen who is a resident
1963 of Florida and who was awarded the Navy Cross while serving as a
1964 member of the United States Armed Forces shall be issued a
1965 license plate on which is stamped the words “Navy Cross”
1966 followed by the serial number.
1967 (4) AIR FORCE CROSS.—Any United States citizen who is a
1968 resident of Florida and who was awarded the Air Force Cross
1969 while serving as a member of the United States Armed Forces
1970 shall be issued a license plate on which is stamped the words
1971 “Air Force Cross” followed by the serial number.
1972 Section 58. Section 320.0893, Florida Statutes, is amended
1973 to read:
1974 320.0893 Motor vehicle license plates to recipients of the
1975 Medal of Honor.—Any United States citizen who is a resident of
1976 Florida and who was awarded the Medal of Honor while serving as
1977 a member of the United States Armed Forces may, upon application
1978 to the department, be issued a license plate on which is stamped
1979 the words “Medal of Honor” followed by the serial number. upon
1980 submission to the department of an the application and proof
1981 that the applicant meets the above qualifications the plate
1982 shall be issued without payment of the license tax imposed by s.
1983 320.08.
1984 Section 59. Paragraph (a) of subsection (3) of section
1985 320.0894, Florida Statutes, is amended to read:
1986 320.0894 Motor vehicle license plates to Gold Star family
1987 members.—The department shall develop a special license plate
1988 honoring the family members of servicemembers who have been
1989 killed while serving in the Armed Forces of the United States.
1990 The license plate shall be officially designated as the Gold
1991 Star license plate and shall be developed and issued as provided
1992 in this section.
1993 (3)(a) Each owner or lessee of an automobile or truck for
1994 private use, truck weighing not more than 7,999 pounds, or
1995 recreational vehicle as specified in former s. 320.08(9)(c) or
1996 (d), Florida Statutes 2023, which automobile, truck, or vehicle
1997 is not used for hire or commercial use, who is a resident of
1998 this state, and who meets the qualifications provided in
1999 subsection (4) shall, upon application therefor to the
2000 department and payment of the license tax and appropriate fees
2001 established in this chapter, be issued a Gold Star license
2002 plate. Each initial application for a Gold Star license plate
2003 must be accompanied by proof that the applicant meets the
2004 requirements provided in subsection (4).
2005 Section 60. Section 320.102, Florida Statutes, is amended
2006 to read:
2007 320.102 Marine boat trailers owned by nonprofit
2008 organizations; exemptions.—The registration or renewal of a
2009 registration of any marine boat trailer owned and operated by a
2010 nonprofit organization that is exempt from federal income tax
2011 under s. 501(c)(3) of the Internal Revenue Code and which is
2012 used exclusively in carrying out its customary nonprofit
2013 activities is exempt from paying the fees, taxes, surcharges,
2014 and charges in ss. 320.03(5), (6), and (9), 320.031(2),
2015 320.04(1), 320.06(1)(b) and (3)(b), and 320.0801, 320.0802,
2016 320.0804, and 320.08046.
2017 Section 61. Section 320.13, Florida Statutes, is amended to
2018 read:
2019 320.13 Dealer and manufacturer license plates and
2020 alternative method of registration.—
2021 (1)(a) Any licensed motor vehicle dealer and any licensed
2022 mobile home dealer may, upon payment of the license tax imposed
2023 by s. 320.08(12), secure one or more dealer license plates,
2024 which are valid for use on motor vehicles or mobile homes owned
2025 by the dealer to whom such plates are issued while the motor
2026 vehicles are in inventory and for sale, or while being operated
2027 in connection with such dealer’s business, but are not valid for
2028 use for hire. Dealer license plates may not be used on any tow
2029 truck or wrecker unless the tow truck or wrecker is being
2030 demonstrated for sale, and the dealer license plates may not be
2031 used on a vehicle used to transport another motor vehicle for
2032 the motor vehicle dealer.
2033 (b)1. Marine boat trailer dealers and manufacturers may,
2034 upon payment of the license taxes imposed by s. 320.08(12),
2035 secure one or more dealer plates, which are valid for use on
2036 boat trailers owned by the dealer to whom such plates are issued
2037 while being used in connection with such dealer’s business, but
2038 are not valid for use for hire.
2039 2. It is the intent of the Legislature that the method
2040 currently used to license marine boat trailer dealers to do
2041 business in the state, that is, by an occupational license
2042 issued by the city or county, not be changed. The department
2043 shall not interpret this act to mean that it is empowered to
2044 license such dealers to do business. An occupational license tax
2045 certificate shall be sufficient proof upon which the department
2046 may issue dealer license plates.
2047 (c) A dealer of heavy trucks as defined in s. 320.01(10),
2048 upon payment of the license tax imposed by s. 320.08(12), may
2049 secure one or more dealer license plates that are valid for use
2050 on vehicles owned by the dealer to whom such plates are issued
2051 while the heavy trucks are in inventory and for sale and are
2052 being used only in the state for demonstration purposes. The
2053 license plates may be used for demonstration purposes for a
2054 period not to exceed 24 hours. The license plates must be
2055 validated on a form prescribed by the department and must be
2056 retained in the vehicle being operated.
2057 (2) A licensed manufacturer, importer, or distributor of
2058 motor vehicles may, upon payment of the license tax imposed by
2059 s. 320.08(12), secure one or more manufacturer license plates,
2060 which are valid for use on motor vehicles owned by the
2061 manufacturer, importer, or distributor to whom such plates are
2062 issued while the motor vehicles are in inventory and for sale,
2063 being operated for demonstration purposes, or in connection with
2064 the manufacturer’s business, but are not valid for use for hire.
2065 (3) When a licensed dealer or a marine boat trailer dealer
2066 chooses to register any motor vehicle or boat trailer he or she
2067 owns and has for sale and secure a regular motor vehicle license
2068 plate therefor, the dealer may, upon sale thereof, submit to the
2069 department a transfer fee of $4.50 and an application for
2070 transfer of the license plate to a comparable motor vehicle or
2071 boat trailer owned by the dealer of the same weight series as
2072 set forth under former s. 320.08, Florida Statutes 2023.
2073 Section 62. Subsections (1) and (3) of section 320.133,
2074 Florida Statutes, are amended to read:
2075 320.133 Transporter license plates.—
2076 (1) The department is authorized to issue a transporter
2077 license plate to any applicant who, incidental to the conduct of
2078 his or her business, engages in the transporting of motor
2079 vehicles which are not currently registered to any owner and
2080 which do not have license plates, upon payment of the license
2081 tax imposed by s. 320.08(15) for each such license plate and
2082 upon proof of liability insurance coverage in the amount of
2083 $100,000 or more. Such a transporter license plate is valid for
2084 use on any motor vehicle in the possession of the transporter
2085 while the motor vehicle is being transported in the course of
2086 the transporter’s business.
2087 (3) A license plate issued under this section is valid for
2088 a period of 12 months, beginning January 1 and ending December
2089 31. No refund of the license tax imposed may be provided for any
2090 unexpired portion of a license period.
2091 Section 63. Subsection (1) of section 320.203, Florida
2092 Statutes, is amended to read:
2093 320.203 Disposition of biennial license tax moneys.—
2094 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or (b),
2095 (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 and
2096 pursuant to s. 216.351, after the provisions of s. 320.20(1),
2097 (2), (3), (4), and (5) are fulfilled, an amount equal to 50
2098 percent of revenues collected from the biennial registrations
2099 created in s. 320.07 shall be retained in the Motor Vehicle
2100 License Clearing Trust Fund, authorized in s. 215.32(2)(b)2.f.,
2101 until July 1. After July 1 of the subsequent fiscal year, an
2102 amount equal to 50 percent of revenues collected from the
2103 biennial registrations created in s. 320.07 shall be distributed
2104 according to ss. 320.08(1), (2), (3), (4)(a) or (b), (6), (7),
2105 (8), (9), (10), or (11), 320.08058 and, 328.76, and 320.20(1),
2106 (2), (3), (4), and (5).
2107 Section 64. Paragraph (c) of subsection (1) of section
2108 320.27, Florida Statutes, is amended to read:
2109 320.27 Motor vehicle dealers.—
2110 (1) DEFINITIONS.—The following words, terms, and phrases
2111 when used in this section have the meanings respectively
2112 ascribed to them in this subsection, except where the context
2113 clearly indicates a different meaning:
2114 (c) “Motor vehicle dealer” means any person engaged in the
2115 business of buying, selling, or dealing in motor vehicles or
2116 offering or displaying motor vehicles for sale at wholesale or
2117 retail, or who may service and repair motor vehicles pursuant to
2118 an agreement as defined in s. 320.60(1). Any person who buys,
2119 sells, or deals in three or more motor vehicles in any 12-month
2120 period or who offers or displays for sale three or more motor
2121 vehicles in any 12-month period shall be prima facie presumed to
2122 be engaged in such business. The terms “selling” and “sale”
2123 include lease-purchase transactions. A motor vehicle dealer may,
2124 at retail or wholesale, sell a recreational vehicle as described
2125 in s. 320.01(1)(b)1.-6. and 8., acquired in exchange for the
2126 sale of a motor vehicle, provided such acquisition is incidental
2127 to the principal business of being a motor vehicle dealer.
2128 However, a motor vehicle dealer may not buy a recreational
2129 vehicle for the purpose of resale unless licensed as a
2130 recreational vehicle dealer pursuant to s. 320.771. A motor
2131 vehicle dealer may apply for a certificate of title to a motor
2132 vehicle required to be registered under former s. 320.08(2)(b),
2133 (c), and (d), Florida Statutes 2023, using a manufacturer’s
2134 statement of origin as permitted by s. 319.23(1), only if such
2135 dealer is authorized by a franchised agreement as defined in s.
2136 320.60(1), to buy, sell, or deal in such vehicle and is
2137 authorized by such agreement to perform delivery and preparation
2138 obligations and warranty defect adjustments on the motor
2139 vehicle; provided this limitation shall not apply to
2140 recreational vehicles, van conversions, or any other motor
2141 vehicle manufactured on a truck chassis. The transfer of a motor
2142 vehicle by a dealer not meeting these qualifications shall be
2143 titled as a used vehicle. The classifications of motor vehicle
2144 dealers are defined as follows:
2145 1. “Franchised motor vehicle dealer” means any person who
2146 engages in the business of repairing, servicing, buying,
2147 selling, or dealing in motor vehicles pursuant to an agreement
2148 as defined in s. 320.60(1).
2149 2. “Independent motor vehicle dealer” means any person
2150 other than a franchised or wholesale motor vehicle dealer who
2151 engages in the business of buying, selling, or dealing in motor
2152 vehicles, and who may service and repair motor vehicles.
2153 3. “Wholesale motor vehicle dealer” means any person who
2154 engages exclusively in the business of buying, selling, or
2155 dealing in motor vehicles at wholesale or with motor vehicle
2156 auctions. Such person shall be licensed to do business in this
2157 state, shall not sell or auction a vehicle to any person who is
2158 not a licensed dealer, and shall not have the privilege of the
2159 use of dealer license plates. Any person who buys, sells, or
2160 deals in motor vehicles at wholesale or with motor vehicle
2161 auctions on behalf of a licensed motor vehicle dealer and as a
2162 bona fide employee of such licensed motor vehicle dealer is not
2163 required to be licensed as a wholesale motor vehicle dealer. In
2164 such cases it shall be prima facie presumed that a bona fide
2165 employer-employee relationship exists. A wholesale motor vehicle
2166 dealer shall be exempt from the display provisions of this
2167 section but shall maintain an office wherein records are kept in
2168 order that those records may be inspected.
2169 4. “Motor vehicle auction” means any person offering motor
2170 vehicles or recreational vehicles for sale to the highest bidder
2171 where buyers are licensed motor vehicle dealers. Such person
2172 shall not sell a vehicle to anyone other than a licensed motor
2173 vehicle dealer.
2174 5. “Salvage motor vehicle dealer” means any person who
2175 engages in the business of acquiring salvaged or wrecked motor
2176 vehicles for the purpose of reselling them and their parts.
2177
2178 The term “motor vehicle dealer” does not include persons not
2179 engaged in the purchase or sale of motor vehicles as a business
2180 who are disposing of vehicles acquired for their own use or for
2181 use in their business or acquired by foreclosure or by operation
2182 of law, provided such vehicles are acquired and sold in good
2183 faith and not for the purpose of avoiding the provisions of this
2184 law; persons engaged in the business of manufacturing, selling,
2185 or offering or displaying for sale at wholesale or retail no
2186 more than 25 trailers in a 12-month period; public officers
2187 while performing their official duties; receivers; trustees,
2188 administrators, executors, guardians, or other persons appointed
2189 by, or acting under the judgment or order of, any court; banks,
2190 finance companies, or other loan agencies that acquire motor
2191 vehicles as an incident to their regular business; motor vehicle
2192 brokers; and motor vehicle rental and leasing companies that
2193 sell motor vehicles to motor vehicle dealers licensed under this
2194 section. Vehicles owned under circumstances described in this
2195 paragraph may be disposed of at retail, wholesale, or auction,
2196 unless otherwise restricted. A manufacturer of fire trucks,
2197 ambulances, or school buses may sell such vehicles directly to
2198 governmental agencies or to persons who contract to perform or
2199 provide firefighting, ambulance, or school transportation
2200 services exclusively to governmental agencies without processing
2201 such sales through dealers if such fire trucks, ambulances,
2202 school buses, or similar vehicles are not presently available
2203 through motor vehicle dealers licensed by the department.
2204 Section 65. Subsection (2) of section 320.57, Florida
2205 Statutes, is amended to read:
2206 320.57 Penalties for violations of this chapter.—
2207 (2) The owner of a truck tractor and semitrailer
2208 combination or commercial truck and trailer combination, the
2209 actual gross vehicle weight of which exceeds the declared weight
2210 for registration purposes under former s. 320.08(4), Florida
2211 Statutes 2023, must, is required to pay to the department the
2212 difference between the license tax amount paid and the required
2213 license tax due for the proper gross vehicle weight prescribed
2214 by s. 320.08(4), plus a civil penalty of $50.
2215 Section 66. Paragraph (a) of subsection (1) of section
2216 320.771, Florida Statutes, is amended to read:
2217 320.771 License required of recreational vehicle dealers.—
2218 (1) DEFINITIONS.—As used in this section, the term:
2219 (a)1. “Dealer” means any person engaged in the business of
2220 buying, selling, or dealing in recreational vehicles or offering
2221 or displaying recreational vehicles for sale. The term “dealer”
2222 includes a recreational vehicle broker. Any person who buys,
2223 sells, deals in, or offers or displays for sale, or who acts as
2224 the agent for the sale of, one or more recreational vehicles in
2225 any 12-month period shall be prima facie presumed to be a
2226 dealer. The terms “selling” and “sale” include lease-purchase
2227 transactions. The term “dealer” does not include banks, credit
2228 unions, and finance companies that acquire recreational vehicles
2229 as an incident to their regular business and does not include
2230 mobile home rental and leasing companies that sell recreational
2231 vehicles to dealers licensed under this section.
2232 2. A licensed dealer may transact business in recreational
2233 vehicles with a motor vehicle auction as defined in s.
2234 320.27(1)(c)4. Further, a licensed dealer may, at retail or
2235 wholesale, sell a motor vehicle, as described in s.
2236 320.01(1)(a), acquired in exchange for the sale of a
2237 recreational vehicle, if the acquisition is incidental to the
2238 principal business of being a recreational vehicle dealer.
2239 However, a recreational vehicle dealer may not buy a motor
2240 vehicle for the purpose of resale unless licensed as a motor
2241 vehicle dealer pursuant to s. 320.27. A dealer may apply for a
2242 certificate of title to a recreational vehicle required to be
2243 registered under former s. 320.08(9), Florida Statutes 2023,
2244 using a manufacturer’s statement of origin as permitted by s.
2245 319.23(1), only if the dealer is authorized by a
2246 manufacturer/dealer agreement, as defined in s. 320.3202, on
2247 file with the department, to buy, sell, or deal in that
2248 particular line-make of recreational vehicle, and the dealer is
2249 authorized by the manufacturer/dealer agreement to perform
2250 delivery and preparation obligations and warranty defect
2251 adjustments on that line-make.
2252 Section 67. Section 322.025, Florida Statutes, is amended
2253 to read:
2254 322.025 Driver improvement.—The department may implement
2255 programs to improve the driving ability of the drivers of this
2256 state. Such programs may include, but shall not be limited to,
2257 safety awareness campaigns, driver training, and licensing
2258 improvement. Motorcycle driver improvement programs implemented
2259 pursuant to this section or s. 322.0255 may be funded by the
2260 motorcycle safety education fee collected pursuant to s.
2261 320.08(1)(c), which shall be deposited in the Highway Safety
2262 Operating Trust Fund.
2263 Section 68. Subsection (1) of section 322.0255, Florida
2264 Statutes, is amended to read:
2265 322.0255 Florida Motorcycle Safety Education Program.—
2266 (1) The department shall establish a Florida Motorcycle
2267 Safety Education Program. The program shall be funded as
2268 provided by ss. 320.08 and 322.025.
2269 Section 69. Paragraph (b) of subsection (2) of section
2270 339.139, Florida Statutes, is amended to read:
2271 339.139 Transportation debt assessment.—
2272 (2) The department shall provide a debt and debt-like
2273 contractual obligations load report to the Executive Office of
2274 the Governor, the President of the Senate, the Speaker of the
2275 House of Representatives, and the legislative appropriations
2276 committees in conjunction with the tentative work program
2277 required under s. 339.135. The debt and debt-like contractual
2278 obligations load report must include the following data on
2279 current and planned department commitments that are payable from
2280 the State Transportation Trust Fund:
2281 (b) Funding for seaports which has been pledged to the
2282 payment of principal and interest on bonds issued by the Florida
2283 Ports Financing Commission pursuant to s. 320.20.
2284 Section 70. Section 553.382, Florida Statutes, is amended
2285 to read:
2286 553.382 Placement of certain housing.—Notwithstanding any
2287 other law or ordinance to the contrary, in order to expand the
2288 availability of affordable housing in this state, any
2289 residential manufactured building that is certified under this
2290 chapter by the department may be placed on a mobile home lot in
2291 a mobile home park, recreational vehicle park, or mobile home
2292 condominium, cooperative, or subdivision. Any such housing unit
2293 placed on a mobile home lot is a mobile home for purposes of
2294 chapter 723 and, therefore, all rights, obligations, and duties
2295 under chapter 723 apply, including the specifics of the
2296 prospectus. However, a housing unit subject to this section may
2297 not be placed on a mobile home lot without the prior written
2298 approval of the park owner. Each housing unit subject to this
2299 section shall be taxed as a mobile home under s. 320.08(11) and
2300 is subject to payments to the Florida Mobile Home Relocation
2301 Fund under s. 723.06116.
2302 Section 71. Subsection (4) of section 765.5155, Florida
2303 Statutes, is amended to read:
2304 765.5155 Donor registry; education program.—
2305 (4) Costs for the donor registry and education program
2306 shall be paid by the agency from the funds deposited into the
2307 Health Care Trust Fund pursuant to s. 322.08 ss. 320.08047 and
2308 322.08, which are designated for maintaining the donor registry
2309 and education program. In addition, the contractor may receive
2310 and use voluntary contributions to help support the registry and
2311 provide education.
2312 Section 72. Section 322.21, Florida Statutes, is amended to
2313 read:
2314 322.21 Driver licenses; department duties License fees;
2315 procedure for handling and collecting fees.—
2316 (1) Except as otherwise provided herein, the fee for:
2317 (a) An original or renewal commercial driver license is
2318 $75, which shall include the fee for driver education provided
2319 by s. 1003.48. However, if an applicant has completed training
2320 and is applying for employment or is currently employed in a
2321 public or nonpublic school system that requires the commercial
2322 license, the fee is the same as for a Class E driver license. A
2323 delinquent fee of $15 shall be added for a renewal within 12
2324 months after the license expiration date.
2325 (b) An original Class E driver license is $48, which
2326 includes the fee for driver education provided by s. 1003.48.
2327 However, if an applicant has completed training and is applying
2328 for employment or is currently employed in a public or nonpublic
2329 school system that requires a commercial driver license, the fee
2330 is the same as for a Class E license.
2331 (c) The renewal or extension of a Class E driver license or
2332 of a license restricted to motorcycle use only is $48, except
2333 that a delinquent fee of $15 shall be added for a renewal or
2334 extension made within 12 months after the license expiration
2335 date. The fee provided in this paragraph includes the fee for
2336 driver education provided by s. 1003.48.
2337 (d) An original driver license restricted to motorcycle use
2338 only is $48, which includes the fee for driver education
2339 provided by s. 1003.48.
2340 (e) A replacement driver license issued pursuant to s.
2341 322.17 is $25. Of this amount $7 shall be deposited into the
2342 Highway Safety Operating Trust Fund and $18 shall be deposited
2343 into the General Revenue Fund. Beginning July 1, 2015, or upon
2344 completion of the transition of driver license issuance
2345 services, if the replacement driver license is issued by the tax
2346 collector, the tax collector shall retain the $7 that would
2347 otherwise be deposited into the Highway Safety Operating Trust
2348 Fund and the remaining revenues shall be deposited into the
2349 General Revenue Fund.
2350 (f) An original, renewal, or replacement identification
2351 card issued pursuant to s. 322.051 is $25.
2352 1. An applicant who meets any of the following criteria is
2353 exempt from the fee under this paragraph for an original,
2354 renewal, or replacement identification card:
2355 a. The applicant presents a valid Florida voter’s
2356 registration card to the department and attests that he or she
2357 is experiencing a financial hardship.
2358 b. The applicant presents evidence satisfactory to the
2359 department that he or she is homeless as defined in s.
2360 414.0252(7).
2361 c. The applicant presents evidence satisfactory to the
2362 department that his or her annual income is at or below 100
2363 percent of the federal poverty level.
2364 d. The applicant is a juvenile offender who is in the
2365 custody or under the supervision of the Department of Juvenile
2366 Justice, who is receiving services pursuant to s. 985.461, and
2367 whose identification card is issued by the department’s mobile
2368 issuing units.
2369 2. Pursuant to s. 322.051(10), an applicant who is 80 years
2370 of age or older and whose driving privilege is denied due to
2371 failure to pass a vision test administered pursuant to s.
2372 322.18(5) is exempt from the fee under this paragraph for an
2373 original identification card.
2374 3. Funds collected from fees for original, renewal, or
2375 replacement identification cards shall be distributed as
2376 follows:
2377 a. For an original identification card issued pursuant to
2378 s. 322.051, the fee shall be deposited into the General Revenue
2379 Fund.
2380 b. For a renewal identification card issued pursuant to s.
2381 322.051, $6 shall be deposited into the Highway Safety Operating
2382 Trust Fund, and $19 shall be deposited into the General Revenue
2383 Fund.
2384 c. For a replacement identification card issued pursuant to
2385 s. 322.051, $9 shall be deposited into the Highway Safety
2386 Operating Trust Fund, and $16 shall be deposited into the
2387 General Revenue Fund. Beginning July 1, 2015, or upon completion
2388 of the transition of the driver license issuance services, if
2389 the replacement identification card is issued by the tax
2390 collector, the tax collector shall retain the $9 that would
2391 otherwise be deposited into the Highway Safety Operating Trust
2392 Fund and the remaining revenues shall be deposited into the
2393 General Revenue Fund.
2394 (g) Each endorsement required by s. 322.57 is $7.
2395 (h) A hazardous-materials endorsement, as required by s.
2396 322.57(1)(e), shall be set by the department by rule and must
2397 reflect the cost of the required criminal history check,
2398 including the cost of the state and federal fingerprint check,
2399 and the cost to the department of providing and issuing the
2400 license. The fee shall not exceed $100. This fee shall be
2401 deposited in the Highway Safety Operating Trust Fund. The
2402 department may adopt rules to administer this section.
2403 (1)(2) It is the duty of the director of the Division of
2404 Motorist Services to set up a division in the department with
2405 the necessary personnel to perform the necessary clerical and
2406 routine work for the department in issuing and recording
2407 applications, licenses, and certificates of eligibility,
2408 including the receiving and accounting of all license funds and
2409 their payment into the State Treasury, and other incidental
2410 clerical work connected with the administration of this chapter.
2411 The department may use such electronic, mechanical, or other
2412 devices as necessary to accomplish the purposes of this chapter.
2413 (2)(3) The department shall prepare sufficient forms for
2414 certificates of eligibility, applications, notices, and license
2415 materials to supply all applicants for driver licenses and all
2416 renewal licenses.
2417 (3)(4) If the department determines from its records or is
2418 otherwise satisfied that the holder of a license about to expire
2419 is entitled to have it renewed, the department shall mail a
2420 renewal notice to the licensee at his or her last known address,
2421 within 30 days before the licensee’s birthday. The licensee
2422 shall be issued a renewal license, after reexamination, if
2423 required, during the 30 days immediately preceding his or her
2424 birthday upon presenting a renewal notice and, his or her
2425 current license, and the fee for renewal to the department at
2426 any driver license examining office.
2427 (5) The department shall collect and transmit all fees
2428 received by it under this section to the Chief Financial Officer
2429 to be deposited into the General Revenue Fund, and sufficient
2430 funds for the necessary expenses of the department shall be
2431 included in the appropriations act. The fees shall be used for
2432 the maintenance and operation of the department.
2433 (6) Any member of the Armed Forces or his or her spouse,
2434 daughter, son, stepdaughter, or stepson, who holds a Florida
2435 driver license and who presents an affidavit showing that he or
2436 she was out of the state due to service in the Armed Forces of
2437 the United States at the time of license expiration is exempt
2438 from paying the delinquent fee if the application for renewal is
2439 made within 15 months after the expiration of his or her license
2440 and within 90 days after the date of discharge or transfer to a
2441 military or naval establishment in this state as shown in the
2442 affidavit. However, such a person is not exempt from any
2443 reexamination requirement.
2444 (7) Any veteran honorably discharged from the Armed Forces
2445 who has been issued a valid identification card by the
2446 Department of Veterans’ Affairs in accordance with s. 295.17,
2447 has been determined by the United States Department of Veterans
2448 Affairs or its predecessor to have a 100-percent total and
2449 permanent service-connected disability rating for compensation,
2450 or has been determined to have a service-connected total and
2451 permanent disability rating of 100 percent, is in receipt of
2452 disability retirement pay from any branch of the United States
2453 Armed Services, and who is qualified to obtain a driver license
2454 under this chapter is exempt from all fees required by this
2455 section.
2456 (8) A person who applies for reinstatement following the
2457 suspension or revocation of the person’s driver license must pay
2458 a service fee of $45 following a suspension, and $75 following a
2459 revocation, which is in addition to the fee for a license. A
2460 person who applies for reinstatement of a commercial driver
2461 license following the disqualification of the person’s privilege
2462 to operate a commercial motor vehicle shall pay a service fee of
2463 $75, which is in addition to the fee for a license. The
2464 department shall collect all of these fees at the time of
2465 reinstatement. The department shall issue proper receipts for
2466 such fees and shall promptly transmit all funds received by it
2467 as follows:
2468 (a) Of the $45 fee received from a licensee for
2469 reinstatement following a suspension:
2470 1. If the reinstatement is processed by the department, the
2471 department shall deposit $15 in the General Revenue Fund and $30
2472 in the Highway Safety Operating Trust Fund.
2473 2. If the reinstatement is processed by the tax collector,
2474 $15, less the general revenue service charge set forth in s.
2475 215.20(1), shall be retained by the tax collector, $15 shall be
2476 deposited into the Highway Safety Operating Trust Fund, and $15
2477 shall be deposited into the General Revenue Fund.
2478 (b) Of the $75 fee received from a licensee for
2479 reinstatement following a revocation or disqualification:
2480 1. If the reinstatement is processed by the department, the
2481 department shall deposit $35 in the General Revenue Fund and $40
2482 in the Highway Safety Operating Trust Fund.
2483 2. If the reinstatement is processed by the tax collector,
2484 $20, less the general revenue service charge set forth in s.
2485 215.20(1), shall be retained by the tax collector, $20 shall be
2486 deposited into the Highway Safety Operating Trust Fund, and $35
2487 shall be deposited into the General Revenue Fund.
2488
2489 If the revocation or suspension of the driver license was for a
2490 violation of s. 316.193, or for refusal to submit to a lawful
2491 breath, blood, or urine test, an additional fee of $130 must be
2492 charged. However, only one $130 fee may be collected from one
2493 person convicted of violations arising out of the same incident.
2494 The department shall collect the $130 fee and deposit the fee
2495 into the Highway Safety Operating Trust Fund at the time of
2496 reinstatement of the person’s driver license, but the fee may
2497 not be collected if the suspension or revocation is overturned.
2498 If the revocation or suspension of the driver license was for a
2499 conviction for a violation of s. 817.234(8) or (9) or s.
2500 817.505, an additional fee of $180 is imposed for each offense.
2501 The department shall collect and deposit the additional fee into
2502 the Highway Safety Operating Trust Fund at the time of
2503 reinstatement of the person’s driver license.
2504 (9) An applicant:
2505 (a) Requesting a review authorized in s. 322.222, s.
2506 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
2507 fee of $25 to be deposited into the Highway Safety Operating
2508 Trust Fund.
2509 (b) Petitioning the department for a hearing authorized in
2510 s. 322.271 must pay a filing fee of $12 to be deposited into the
2511 Highway Safety Operating Trust Fund.
2512 Section 73. Subsections (1), (3), (8), (9), and (10) of
2513 section 322.051, Florida Statutes, are amended to read:
2514 322.051 Identification cards.—
2515 (1) Any person who is 5 years of age or older, or any
2516 person who has a disability, regardless of age, who applies for
2517 a disabled parking permit under s. 320.0848, may be issued an
2518 identification card by the department upon completion of an
2519 application and payment of an application fee.
2520 (a) The application must include the following information
2521 regarding the applicant:
2522 1. Full name (first, middle or maiden, and last), gender,
2523 proof of social security card number satisfactory to the
2524 department, which may include a military identification card,
2525 county of residence, mailing address, proof of residential
2526 address satisfactory to the department, country of birth, and a
2527 brief description.
2528 2. Proof of birth date satisfactory to the department.
2529 3. Proof of identity satisfactory to the department. Such
2530 proof must include one of the following documents issued to the
2531 applicant:
2532 a. A driver license record or identification card record
2533 from another jurisdiction that required the applicant to submit
2534 a document for identification which is substantially similar to
2535 a document required under sub-subparagraph b., sub-subparagraph
2536 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
2537 f., sub-subparagraph g., or sub-subparagraph h.;
2538 b. A certified copy of a United States birth certificate;
2539 c. A valid, unexpired United States passport;
2540 d. A naturalization certificate issued by the United States
2541 Department of Homeland Security;
2542 e. A valid, unexpired alien registration receipt card
2543 (green card);
2544 f. A Consular Report of Birth Abroad provided by the United
2545 States Department of State;
2546 g. An unexpired employment authorization card issued by the
2547 United States Department of Homeland Security; or
2548 h. Proof of nonimmigrant classification provided by the
2549 United States Department of Homeland Security, for an original
2550 identification card. In order to prove nonimmigrant
2551 classification, an applicant must provide at least one of the
2552 following documents. In addition, the department may require
2553 applicants to produce United States Department of Homeland
2554 Security documents for the sole purpose of establishing the
2555 maintenance of, or efforts to maintain, continuous lawful
2556 presence:
2557 (I) A notice of hearing from an immigration court
2558 scheduling a hearing on any proceeding.
2559 (II) A notice from the Board of Immigration Appeals
2560 acknowledging pendency of an appeal.
2561 (III) A notice of the approval of an application for
2562 adjustment of status issued by the United States Citizenship and
2563 Immigration Services.
2564 (IV) An official documentation confirming the filing of a
2565 petition for asylum or refugee status or any other relief issued
2566 by the United States Citizenship and Immigration Services.
2567 (V) A notice of action transferring any pending matter from
2568 another jurisdiction to Florida, issued by the United States
2569 Citizenship and Immigration Services.
2570 (VI) An order of an immigration judge or immigration
2571 officer granting relief that authorizes the alien to live and
2572 work in the United States, including, but not limited to,
2573 asylum.
2574 (VII) Evidence that an application is pending for
2575 adjustment of status to that of an alien lawfully admitted for
2576 permanent residence in the United States or conditional
2577 permanent resident status in the United States, if a visa number
2578 is available having a current priority date for processing by
2579 the United States Citizenship and Immigration Services.
2580 (VIII) On or after January 1, 2010, an unexpired foreign
2581 passport with an unexpired United States Visa affixed,
2582 accompanied by an approved I-94, documenting the most recent
2583 admittance into the United States.
2584
2585 An identification card issued based on documents required in
2586 sub-subparagraph g. or sub-subparagraph h. is valid for a period
2587 not to exceed the expiration date of the document presented or 1
2588 year, whichever occurs first.
2589 (b) An application for an identification card must be
2590 signed and verified by the applicant in a format designated by
2591 the department before a person authorized to administer oaths
2592 and payment of the applicable fee pursuant to s. 322.21.
2593 (c) Each such applicant may include fingerprints and any
2594 other unique biometric means of identity.
2595 (3) If an identification card issued under this section is
2596 lost, destroyed, or mutilated or a new name is acquired, the
2597 person to whom it was issued may obtain a duplicate upon
2598 furnishing satisfactory proof of such fact to the department and
2599 upon payment of a fee as provided in s. 322.21. The fee must
2600 include payment for the color photograph or digital image of the
2601 applicant. Any person who loses an identification card and who,
2602 after obtaining a duplicate, finds the original card shall
2603 immediately surrender the original card to the department. The
2604 same documentary evidence shall be furnished for a duplicate as
2605 for an original identification card.
2606 (8)(a) The department shall, upon receipt of the required
2607 fee, issue to each qualified applicant for an identification
2608 card a color photographic or digital image identification card
2609 bearing a fullface photograph or digital image of the
2610 identification cardholder. Notwithstanding chapter 761 or s.
2611 761.05, the requirement for a fullface photograph or digital
2612 image of the identification cardholder may not be waived. A
2613 space shall be provided upon which the identification cardholder
2614 shall affix his or her usual signature, as required in s.
2615 322.14, in the presence of an authorized agent of the department
2616 so as to ensure that such signature becomes a part of the
2617 identification card. Beginning November 1, 2023, each
2618 distinguishing number assigned to an original, renewal, or
2619 replacement identification card must have a minimum of four
2620 randomly generated digits.
2621 (b)1. The word “Veteran” must be exhibited on the
2622 identification card of a veteran upon the presentation of a copy
2623 of the person’s:
2624 a. DD Form 214, issued by the United States Department of
2625 Defense;
2626 b. Veteran health identification card, issued by the United
2627 States Department of Veterans Affairs;
2628 c. Veteran identification card, issued by the United States
2629 Department of Veterans Affairs pursuant to the Veterans
2630 Identification Card Act of 2015, Pub. L. No. 114-31; or
2631 d. Other acceptable form specified by the Department of
2632 Veterans’ Affairs.
2633 2. Until a veteran’s identification card is next renewed,
2634 the veteran may have the word “Veteran” added to his or her
2635 identification card upon surrender of his or her current
2636 identification card and presentation of any of the forms of
2637 identification specified in subparagraph 1. If the applicant is
2638 not conducting any other transaction affecting the
2639 identification card, a replacement identification card must be
2640 issued with the word “Veteran” without payment of the fee
2641 required in s. 322.21(1)(f)3.c.
2642 (c) The international symbol for the deaf and hard of
2643 hearing shall be exhibited on the identification card of a
2644 person who is deaf or hard of hearing upon the payment of a an
2645 additional $1 fee for the identification card and the
2646 presentation of sufficient proof that the person is deaf or hard
2647 of hearing as determined by the department. Until a person’s
2648 identification card is next renewed, the person may have the
2649 symbol added to his or her identification card upon surrender of
2650 his or her current identification card, payment of a $2 fee to
2651 be deposited into the Highway Safety Operating Trust Fund, and
2652 presentation of sufficient proof that the person is deaf or hard
2653 of hearing as determined by the department. If the applicant is
2654 not conducting any other transaction affecting the
2655 identification card, a replacement identification card may be
2656 issued with the symbol without payment of the fee required in s.
2657 322.21(1)(f)3.c. For purposes of this paragraph, the
2658 international symbol for the deaf and hard of hearing is
2659 substantially as follows:
2660
2661
2662
2663 (d) The department shall include symbols representing the
2664 following on an identification card upon the payment of a an
2665 additional $1 fee by an applicant who meets the requirements of
2666 subsection (1) and presents his or her:
2667 1. Lifetime freshwater fishing license;
2668 2. Lifetime saltwater fishing license;
2669 3. Lifetime hunting license;
2670 4. Lifetime sportsman’s license; or
2671 5. Lifetime boater safety identification card.
2672
2673 A person may replace his or her identification card before its
2674 expiration date with a card that includes his or her status as a
2675 lifetime licensee or boater safety cardholder upon surrender of
2676 his or her current identification card, payment of a $2 fee to
2677 be deposited into the Highway Safety Operating Trust Fund, and
2678 presentation of the person’s lifetime license or card. If the
2679 sole purpose of the replacement identification card is the
2680 inclusion of the applicant’s status as a lifetime licensee or
2681 cardholder, the replacement identification card must be issued
2682 without payment of the fee required in s. 322.21(1)(f)3.c.
2683 (e)1. Upon request by a person who has a developmental
2684 disability, or by a parent or guardian of a child or ward who
2685 has a developmental disability, the department shall issue an
2686 identification card exhibiting a capital “D” for the person,
2687 child, or ward if the person or the parent or guardian of the
2688 child or ward submits:
2689 a. Payment of a an additional $1 fee; and
2690 b. Proof acceptable to the department of a diagnosis by a
2691 licensed physician of a developmental disability as defined in
2692 s. 393.063.
2693 2. The department shall deposit the additional $1 fee into
2694 the Agency for Persons with Disabilities Operations and
2695 Maintenance Trust Fund under s. 20.1971(2).
2696 3. A replacement identification card that includes the
2697 designation may be issued without payment of the fee required
2698 under s. 322.21(1)(f).
2699 4. The department shall develop rules to facilitate the
2700 issuance, requirements, and oversight of developmental
2701 disability identification cards under this section.
2702 (9)(a) Notwithstanding any other provision of this section
2703 or s. 322.21 to the contrary, the department shall issue or
2704 renew a card at no charge to:
2705 1. A person who presents a valid Florida voter’s
2706 registration card to the department and attests that he or she
2707 is experiencing a financial hardship. The department may not
2708 require such person to present evidence of a financial hardship.
2709 2. A person who presents evidence satisfactory to the
2710 department that he or she is homeless as defined in s.
2711 414.0252(7).
2712 3. A juvenile offender who is in the custody or under the
2713 supervision of the Department of Juvenile Justice and receiving
2714 services pursuant to s. 985.461.
2715 4. An inmate receiving a card issued pursuant to s.
2716 944.605(7), or, if necessary, to an inmate receiving a
2717 replacement card if the department determines that he or she has
2718 a valid state identification card. If the replacement state
2719 identification card is scheduled to expire within 6 months, the
2720 department may also issue a temporary permit valid for at least
2721 6 months after the release date.
2722 (b) The department’s mobile issuing units shall process the
2723 identification cards for juvenile offenders and inmates at no
2724 charge, as provided by s. 944.605(7)(a) and (b).
2725 (10) Notwithstanding any other provision of this section or
2726 s. 322.21 to the contrary, the department shall issue an
2727 identification card at no charge to a person who is 80 years of
2728 age or older and whose driving privilege is denied due to
2729 failure to pass a vision test administered pursuant to s.
2730 322.18(5).
2731 Section 74. Paragraphs (c) through (f) of subsection (1) of
2732 section 322.14, Florida Statutes, are amended to read:
2733 322.14 Licenses issued to drivers.—
2734 (1)
2735 (c) The international symbol for the deaf and hard of
2736 hearing provided in s. 322.051(8)(c) shall be exhibited on the
2737 driver license of a person who is deaf or hard of hearing upon
2738 the payment of a an additional $1 fee for the license and the
2739 presentation of sufficient proof that the person is deaf or hard
2740 of hearing as determined by the department. Until a person’s
2741 license is next renewed, the person may have the symbol added to
2742 his or her license upon the surrender of his or her current
2743 license, payment of a $2 fee to be deposited into the Highway
2744 Safety Operating Trust Fund, and presentation of sufficient
2745 proof that the person is deaf or hard of hearing as determined
2746 by the department. If the applicant is not conducting any other
2747 transaction affecting the driver license, a replacement license
2748 may be issued with the symbol without payment of the fee
2749 required in s. 322.21(1)(e).
2750 (d)1. The word “Veteran” must be exhibited on the driver
2751 license of a veteran upon the presentation of a copy of the
2752 person’s:
2753 a. DD Form 214, issued by the United States Department of
2754 Defense;
2755 b. Veteran health identification card, issued by the United
2756 States Department of Veterans Affairs;
2757 c. Veteran identification card, issued by the United States
2758 Department of Veterans Affairs pursuant to the Veterans
2759 Identification Card Act of 2015, Pub. L. No. 114-31; or
2760 d. Other acceptable form specified by the Department of
2761 Veterans’ Affairs.
2762 2. Until a veteran’s license is next renewed, the veteran
2763 may have the word “Veteran” added to his or her license upon
2764 surrender of his or her current license and presentation of any
2765 of the forms of identification specified in subparagraph 1. If
2766 the applicant is not conducting any other transaction affecting
2767 the driver license, a replacement license must be issued with
2768 the word “Veteran” without payment of the fee required in s.
2769 322.21(1)(e).
2770 (e) The department shall include symbols representing the
2771 following on a driver license upon the payment of an additional
2772 $1 fee by an applicant who meets the requirements of s. 322.08
2773 and presents his or her:
2774 1. Lifetime freshwater fishing license;
2775 2. Lifetime saltwater fishing license;
2776 3. Lifetime hunting license;
2777 4. Lifetime sportsman’s license; or
2778 5. Lifetime boater safety identification card.
2779
2780 A person may replace his or her driver license before its
2781 expiration date with a license that includes his or her status
2782 as a lifetime licensee or boater safety cardholder upon
2783 surrender of his or her current driver license, payment of a $2
2784 fee to be deposited into the Highway Safety Operating Trust
2785 Fund, and presentation of the person’s lifetime license or
2786 identification card. If the sole purpose of the replacement
2787 driver license is the inclusion of the applicant’s status as a
2788 lifetime licensee or cardholder, the replacement driver license
2789 must be issued without payment of the fee required in s.
2790 322.21(1)(e).
2791 (f)1. Upon request by a person who has a developmental
2792 disability, or by a parent or legal guardian of a child or ward
2793 who has a developmental disability, the capital letter “D” shall
2794 be exhibited on the driver license of a person who has a
2795 developmental disability, as defined in s. 393.063, if the
2796 person, or his or her parent or legal guardian, presents
2797 sufficient proof that the person has been diagnosed with a
2798 developmental disability by a physician licensed under chapter
2799 458 or chapter 459 as determined by the department.
2800 2. Until a person’s driver license is next renewed, the
2801 person, or his or her parent or legal guardian, may have the
2802 capital letter “D” added to or removed from his or her license
2803 upon the surrender of his or her current license and
2804 presentation of sufficient proof that the person has been
2805 diagnosed with a developmental disability by a physician
2806 licensed under chapter 458 or chapter 459 as determined by the
2807 department. If the applicant is not conducting any other
2808 transaction affecting the driver license, a replacement license
2809 may be issued with the capital letter “D” added or removed
2810 without payment of the fee required in s. 322.21(1)(e).
2811 Section 75. Paragraph (a) of subsection (1) and subsections
2812 (2) and (4) of section 322.17, Florida Statutes, are amended to
2813 read:
2814 322.17 Replacement licenses and permits.—
2815 (1)(a) In the event that an instruction permit or driver
2816 license issued under the provisions of this chapter is lost or
2817 destroyed, the person to whom the same was issued may, upon
2818 payment of the appropriate fee pursuant to s. 322.21, obtain a
2819 replacement upon furnishing proof satisfactory to the department
2820 that such permit or license has been lost or destroyed, and
2821 further furnishing the full name, date of birth, sex, residence
2822 and mailing address, proof of birth satisfactory to the
2823 department, and proof of identity satisfactory to the
2824 department.
2825 (2) Upon the surrender of the original license and the
2826 payment of the appropriate fees pursuant to s. 322.21, the
2827 department shall issue a replacement license to make a change in
2828 name, address, or restrictions.
2829 (4) Notwithstanding any other provision of this section or
2830 s. 322.21, the department shall, if necessary, issue or renew a
2831 replacement driver license at no charge to an inmate if the
2832 department determines that he or she has a valid driver license.
2833 If the replacement driver license is scheduled to expire within
2834 6 months, the department may also issue a temporary permit valid
2835 for at least 6 months after the release date.
2836 Section 76. Paragraph (a) of subsection (4) and paragraph
2837 (a) of subsection (8) of section 322.18, Florida Statutes, are
2838 amended to read:
2839 322.18 Original applications, licenses, and renewals;
2840 expiration of licenses; delinquent licenses.—
2841 (4)(a) Except as otherwise provided in this chapter, all
2842 licenses shall be renewable every 8 years and shall be issued or
2843 renewed upon application, payment of the fees required by s.
2844 322.21, and successful passage of any required examination,
2845 unless the department has reason to believe that the licensee is
2846 no longer qualified to receive a license.
2847 (8) The department shall issue 8-year renewals using a
2848 convenience service without reexamination to drivers who have
2849 not attained 80 years of age. The department shall issue 6-year
2850 renewals using a convenience service when the applicant has
2851 satisfied the requirements of subsection (5).
2852 (a) If the department determines from its records that the
2853 holder of a license about to expire is eligible for renewal, the
2854 department shall mail a renewal notice to the licensee at his or
2855 her last known address, not less than 30 days before prior to
2856 the licensee’s birthday. The renewal notice shall direct the
2857 licensee to appear at a driver license office for in-person
2858 renewal or to transmit the completed renewal notice and the fees
2859 required by s. 322.21 to the department using a convenience
2860 service.
2861 Section 77. Subsection (4) of section 322.251, Florida
2862 Statutes, is amended to read:
2863 322.251 Notice of cancellation, suspension, revocation, or
2864 disqualification of license.—
2865 (4) A person whose privilege to operate a commercial motor
2866 vehicle is temporarily disqualified may, upon surrendering his
2867 or her commercial driver license, be issued a Class E driver
2868 license, valid for the length of his or her unexpired commercial
2869 driver license, at no cost. Such person may, upon the completion
2870 of his or her disqualification, be issued a commercial driver
2871 license, of the type disqualified, for the remainder of his or
2872 her unexpired license period. Any such person shall pay the
2873 reinstatement fee provided in s. 322.21 before being issued a
2874 commercial driver license.
2875 Section 78. Subsection (2) of section 322.29, Florida
2876 Statutes, is amended to read:
2877 322.29 Surrender and return of license.—
2878 (2) Notwithstanding subsection (1), an examination is not
2879 required for the return of a license suspended under s. 318.15
2880 or s. 322.245 unless an examination is otherwise required by
2881 this chapter. A person applying for the return of a license
2882 suspended under s. 318.15 or s. 322.245 must present to the
2883 department certification from the court that he or she has
2884 complied with all obligations and penalties imposed pursuant to
2885 s. 318.15 or, in the case of a suspension pursuant to s.
2886 322.245, that he or she has complied with all directives of the
2887 court and the requirements of s. 322.245 and shall pay to the
2888 department a nonrefundable service fee of $60, of which $37.50
2889 shall be deposited into the General Revenue Fund and $22.50
2890 shall be deposited into the Highway Safety Operating Trust Fund.
2891 If reinstated by the clerk of the court or tax collector, $37.50
2892 shall be retained and $22.50 shall be remitted to the Department
2893 of Revenue for deposit into the Highway Safety Operating Trust
2894 Fund. However, the service fee is not required if the person is
2895 required to pay a $45 fee or $75 fee under s. 322.21(8).
2896 Section 79. Subsection (4) of section 1003.48, Florida
2897 Statutes, is amended to read:
2898 1003.48 Instruction in operation of motor vehicles.—
2899 (4) For the purpose of financing the driver education
2900 program in the secondary schools, there shall be levied an
2901 additional 50 cents per year to the driver license fee required
2902 by s. 322.21. The additional fee shall be promptly remitted to
2903 the Department of Highway Safety and Motor Vehicles, which shall
2904 transmit the fee to the Chief Financial Officer to be deposited
2905 in the General Revenue Fund.
2906 Section 80. Section 601.15, Florida Statutes, is amended to
2907 read:
2908 601.15 Advertising campaign; methods of conducting;
2909 assessments; emergency reserve fund; citrus research.—
2910 (1) The department shall administer this section and,
2911 prescribe suitable and reasonable rules for the enforcement of
2912 this section, and administer the assessments levied and imposed
2913 under this section. All funds collected under this section and
2914 the interest accrued on such funds are consideration for a
2915 social contract between the state and the citrus growers of the
2916 state whereby the state must hold such funds in trust and
2917 inviolate and use them only for the purposes prescribed in this
2918 chapter. The department may cause its duly authorized agent or
2919 representative to enter upon the premises of any handler of
2920 citrus fruits and to examine or cause to be examined any books,
2921 papers, records, or memoranda bearing on the amount of
2922 assessments payable and to secure other information directly or
2923 indirectly concerned in the enforcement of this section. Any
2924 person who is required to pay the assessments levied and imposed
2925 and who by any practice or evasion makes it difficult to enforce
2926 this section by inspection, or any person who, after demand by
2927 the department or any agent or representative designated by it
2928 for that purpose, refuses to allow full inspection of the
2929 premises or any part thereof or any books, records, documents,
2930 or other instruments in any manner relating to the liability of
2931 the person or entity liable for the assessment imposed or
2932 hinders, delays, or prevents such inspection, commits a
2933 misdemeanor of the second degree, punishable as provided in s.
2934 775.082 or s. 775.083.
2935 (2) The department shall plan and conduct campaigns for
2936 commodity advertising, publicity, and sales promotion, and may
2937 conduct campaigns to encourage noncommodity advertising, to
2938 increase the consumption of citrus fruits and may contract for
2939 any such advertising, publicity, and sales promotion service. To
2940 accomplish such purpose, the department shall:
2941 (a) Disseminate information relating to:
2942 1. Citrus fruits and the importance thereof in preserving
2943 the public health, the economy thereof in the diet of the
2944 people, and the importance thereof in the nutrition of children.
2945 2. The manner, method, and means used and employed in the
2946 production and marketing of citrus fruits and information
2947 relating to laws of the state regulating and safeguarding such
2948 production and marketing.
2949 3. The added cost to the producer and dealer in producing
2950 and handling citrus fruits to meet the high standards imposed by
2951 the state that ensure a pure and wholesome product.
2952 4. The effect upon the public health that would result from
2953 a breakdown of the state’s citrus industry or any part thereof.
2954 5. The reasons that producers and dealers should receive a
2955 reasonable return on their labor and investment.
2956 6. The problem of furnishing the consumer at all times with
2957 an abundant supply of fine quality citrus fruits at reasonable
2958 prices.
2959 7. Factors of instability peculiar to the citrus fruit
2960 industry, such as unbalanced production, the effect of the
2961 weather, the influence of consumer purchasing power, and price
2962 relative to the cost of other items of food in the normal diet
2963 of people, all to the end that an intelligent and increasing
2964 consumer demand may be created.
2965 8. The possibilities with particular reference to increased
2966 consumption of citrus fruits.
2967 9. Such additional information that tends to promote
2968 increased consumption of citrus fruits and that fosters a better
2969 understanding and more efficient cooperation among producers,
2970 dealers, and the consuming public.
2971 (b) Decide upon some distinctive and suggestive trade name
2972 and promote its use in all ways to advertise Florida citrus
2973 fruit.
2974 (3)(a) There is levied and imposed upon each standard
2975 packed box of citrus fruit grown and placed into the primary
2976 channel of trade in this state an assessment at maximum annual
2977 rates for each citrus season as provided in this paragraph. The
2978 rates may be set at any lower rate in any year pursuant to
2979 paragraph (e).
2980 1. The maximum assessment for grapefruit that enters the
2981 primary channel of trade for use in fresh form may not exceed 36
2982 cents per box.
2983 2. The maximum assessment for grapefruit that enters the
2984 primary channel of trade for use in processed form may not
2985 exceed 36 cents per box.
2986 3. The maximum assessment for oranges that enter the
2987 primary channel of trade for use in fresh form may not exceed 7
2988 cents per box.
2989 4. The maximum assessment for oranges that enter the
2990 primary channel of trade for use in processed form may not
2991 exceed 25 cents per box.
2992 5. The actual assessment levied each year upon tangerines
2993 and citrus hybrids regulated by the department that enter the
2994 primary channel of trade for use in processed form may not
2995 exceed 25 cents per box.
2996 6. The maximum assessment for tangerines and citrus hybrids
2997 regulated by the department that enter the primary channel of
2998 trade for use in fresh form may not exceed 16 cents per box.
2999 (b) Whenever citrus fruit is purchased, acquired, or
3000 handled on a weight basis, the following weights are deemed the
3001 equivalent of one standard-packed box for assessment purposes
3002 under this section:
3003 1. Grapefruit, 85 pounds.
3004 2. Oranges, 90 pounds.
3005 3. Tangerines, 95 pounds.
3006 4. Citrus hybrids, 90 pounds.
3007 (c) The assessments imposed by this section do not apply to
3008 citrus fruit used for noncommercial domestic consumption on the
3009 premises where produced.
3010 (d) For purposes of this subsection, a citrus season begins
3011 on August 1 of a year and ends on July 31 of the following year.
3012 (e) The commission, upon an affirmative vote of a majority
3013 of its members and by an order entered by it before November 1
3014 of any year, may set the assessments up to the maximum rates
3015 specified in this subsection. The assessment shall apply only to
3016 the citrus season that began on August 1 of the same calendar
3017 year. Such assessment may be applied by variety and on the basis
3018 of whether the fruit enters the primary channel of trade for use
3019 in fresh or processed form. If the commission cannot agree on a
3020 box assessment, the assessment for the previous year shall
3021 remain in effect until the commission approves a new assessment.
3022 (3)(4) Every handler shall keep a complete and accurate
3023 record of all citrus fruit handled by her or him. Such record
3024 shall be in such form and contain such other information as the
3025 department shall by rule prescribe. Such records shall be
3026 preserved by such handlers for a period of 1 year and shall be
3027 offered for inspection at any time upon oral or written demand
3028 by the department or its duly authorized agents or
3029 representatives.
3030 (4)(5) Every handler shall, at such times and in such
3031 manner as the department may by rule require, file with the
3032 department a return certified as true and correct, on forms
3033 furnished by the department, stating, in addition to other
3034 information, the number of standard-packed boxes of each kind of
3035 citrus fruit handled by such handler in the primary channel of
3036 trade during the period of time covered by the return. Full
3037 payment of all assessments due for the period reported shall
3038 accompany each handler’s return.
3039 (6)(a) All assessments levied and imposed pursuant to this
3040 section are due and payable and shall be paid, or the amount
3041 thereof guaranteed as provided in this subsection, at the time
3042 the citrus fruit is first handled in the primary channels of
3043 trade. All such assessments shall be paid, or the payment
3044 thereof shall be guaranteed, to the department by the person
3045 first handling the fruit in the primary channel of trade, except
3046 that payment of assessments on fruit delivered or sold for
3047 processing in this state shall be paid, or payment thereof shall
3048 be guaranteed in accordance with department rules, by the person
3049 processing such fruit.
3050 (b) Periodic payment of assessments upon citrus fruit by
3051 the person liable for such payment is permitted only in
3052 accordance with department rules, and the payment thereof shall
3053 be guaranteed by the posting of a good and sufficient letter of
3054 credit from an issuing financial institution located in the
3055 United States, a cash bond, an appropriate certificate of
3056 deposit, or an approved surety bond in an amount and manner as
3057 prescribed by department rule. Evidence of such guarantee of
3058 payment of assessments must be made on the grade certificate in
3059 such manner and form as may be prescribed by department rule.
3060 (c) All assessments collected by the department shall be
3061 delivered to the State Treasury for payment into the proper
3062 advertising fund.
3063 (7) All assessments levied and collected under this chapter
3064 shall be paid into the State Treasury on or before the 15th day
3065 of each month. Such moneys shall be accounted for in A special
3066 fund to be designated as the Florida Citrus Advertising Trust
3067 Fund, and all moneys in such fund are appropriated to the
3068 department for the following purposes:
3069 (a) Four percent of all income of a revenue nature
3070 deposited in this fund, including transfers from any subsidiary
3071 accounts thereof and any interest income, shall be deposited in
3072 the General Revenue Fund pursuant to chapter 215.
3073 (5)(a)(b) Moneys in the Florida Citrus Advertising Trust
3074 Fund shall be expended for the activities authorized by s.
3075 601.13 and for the cost of those general overhead, research and
3076 development, maintenance, salaries, professional fees,
3077 enforcement costs, and other such expenses that are not related
3078 to advertising, merchandising, public relations, trade
3079 luncheons, publicity, and other associated activities. The cost
3080 of general overhead, maintenance, salaries, professional fees,
3081 enforcement costs, and other such expenses that are related to
3082 advertising, merchandising, public relations, trade luncheons,
3083 publicity, and associated activities shall be paid from the
3084 balance of the Florida Citrus Advertising Trust Fund.
3085 (b)(c) Moneys in the Florida Citrus Advertising Trust Fund
3086 shall also be used by the department for defraying those
3087 expenses not included in paragraph (a) (b). After payment of
3088 such expenses, the money levied and collected under subsection
3089 (3) shall be used exclusively for commodity and noncommodity
3090 advertising, merchandising, publicity, or sales promotion of
3091 citrus products in both fresh form and processed form, including
3092 citrus cattle feed and all other products of citrus fruits,
3093 produced in the state, in such equitable manner and proration as
3094 the department may determine, but funds expended for commodity
3095 advertising thereunder shall be expended through an established
3096 advertising agency. A proration of moneys between commodity
3097 programs and noncommodity programs and among types of citrus
3098 products shall be made on or before November 1 of each shipping
3099 season and may not thereafter be modified for that shipping
3100 season unless the department finds such action necessary to
3101 preserve the economic welfare of the citrus industry.
3102 (d) The pro rata portion of moneys allocated to each type
3103 of citrus product in noncommodity programs shall be used by the
3104 department to encourage substantial increases in the
3105 effectiveness, frequency, and volume of noncommodity
3106 advertising, merchandising, publicity, and sales promotion of
3107 such citrus products through rebates and incentive payments to
3108 handlers and trade customers for these activities. The
3109 department shall adopt rules providing for the use of such
3110 moneys. The rules shall establish alternate incentive programs,
3111 including at least one incentive program for product sold under
3112 advertised brands, one incentive program for product sold under
3113 private label brands, and one incentive program for product sold
3114 in bulk. For each incentive program, the rules must establish
3115 eligibility and performance requirements and must provide
3116 appropriate limitations on amounts payable to a handler or trade
3117 customer for a particular season. Such limitations may relate to
3118 the amount of citrus assessments levied and collected on the
3119 citrus product handled by such handler or trade customer during
3120 a 12-month representative period.
3121 (6)(8)(a) On certification by any employee of the
3122 department that her or his actual and necessary expenses on any
3123 particular day while traveling outside the state exceeded the
3124 per diem provided by law, such employee shall show such excess
3125 on her or his regular expense voucher and support the same by
3126 the proof required pursuant to rules adopted by the department.
3127 (b) The department is authorized to spend such amount as it
3128 deems advisable for guests involved in promotional activities in
3129 the sale of Florida citrus fruits and products.
3130 (c) All obligations, expenses, and costs incurred under
3131 this section shall be paid out of the Citrus Advertising Fund
3132 upon warrant of the Chief Financial Officer when vouchers
3133 thereof, approved by the department, are exhibited.
3134 (7)(9)(a) Any handler who fails to file a return or to pay
3135 any assessment within the time required shall thereby forfeit to
3136 the department a penalty of 5 percent of the amount of
3137 assessment determined to be due, but the department, if
3138 satisfied that the delay was excusable, may remit all or any
3139 part of such penalty. Such penalty shall be paid to the
3140 department and disposed of as provided with respect to moneys
3141 derived from the assessments levied and imposed by subsection
3142 (3).
3143 (b) The department may collect any assessments levied and
3144 assessed by this chapter in any or all of the following methods:
3145 1. By the voluntary payment by the person liable therefor.
3146 2. By a suit at law.
3147 3. By a suit in equity to enjoin and restrain any handler,
3148 citrus fruit dealer, or other person owing such assessments from
3149 operating her or his business or engaging in business as a
3150 citrus fruit dealer until the delinquent assessments are paid.
3151 Such action may include an accounting to determine the amount of
3152 assessments plus delinquencies due. In any such proceeding, it
3153 is not necessary to allege or prove that an adequate remedy at
3154 law does not exist.
3155 (8)(10) The powers and duties of the department include the
3156 following:
3157 (a) To adopt and periodically alter, rescind, modify, and
3158 amend all proper and necessary rules and orders for the exercise
3159 of its powers and the performance of its duties under this
3160 chapter.
3161 (b) To employ and at its pleasure discharge an advertising
3162 manager, agents, advertising agencies, and such clerical and
3163 other help as it deems necessary and to outline their powers and
3164 duties and fix their compensation.
3165 (c) To make in the name of the department such advertising
3166 contracts and other agreements as may be necessary.
3167 (d) To keep books, records, and accounts of all of its
3168 activities, which books, records, and accounts shall be open to
3169 inspection, audit, and examination by the Auditor General and
3170 the Office of Program Policy Analysis and Government
3171 Accountability.
3172 (e) To purchase or authorize the purchase of all office
3173 equipment and supplies and to incur all other reasonable and
3174 necessary expenses and obligations in connection with and
3175 required for the proper administration of this chapter.
3176 (f) To conduct, and pay out of the Florida Citrus
3177 Advertising Trust Fund, premium and prize promotions designed to
3178 increase the use of citrus in any form.
3179 (g) To advertise citrus cattle feed and promote its use.
3180 (h) To conduct marketing activities in foreign countries
3181 and other programs designed to develop and protect domestic and
3182 international markets.
3183 Section 81. Paragraph (b) of subsection (1) of section
3184 601.041, Florida Statutes, is amended to read:
3185 601.041 The Friends of Florida Citrus Program; advisory
3186 council.—
3187 (1) The Friends of Florida Citrus Program is established
3188 within the department to provide support and assistance for
3189 existing and future programs within the department.
3190 (b) The department may receive donations from private
3191 corporations to support the program. The department shall
3192 deposit donations to the program into the Florida Citrus
3193 Advertising Trust Fund, as established in s. 601.15(7), and such
3194 donations shall be exempt from s. 601.15(7)(a).
3195 Section 82. Subsection (5) of section 601.13, Florida
3196 Statutes, is amended to read:
3197 601.13 Citrus research; administration by Department of
3198 Citrus; appropriation.—
3199 (5) There is appropriated and made available for defraying
3200 the expenses of the administration of this section from the
3201 moneys in the Florida Citrus Advertising Trust Fund derived from
3202 advertising assessments levied on citrus fruit such amounts as
3203 the department may deem necessary within the percentage
3204 limitations imposed by s. 601.15.
3205 Section 83. Paragraph (a) of subsection (9) of section
3206 601.152, Florida Statutes, is amended to read:
3207 601.152 Special marketing orders.—
3208 (9)(a) All moneys collected by the department under this
3209 section shall be set aside in the Florida Citrus Advertising
3210 Trust Fund as a special fund to be known as the “Citrus Special
3211 Marketing Order Fund.” All moneys in such fund, after deducting
3212 the service charge provided in s. 601.15(7), are appropriated to
3213 the department for the actual expenses incurred by the
3214 department for the formulation, issuance, administration, and
3215 enforcement of any marketing order so implemented and in the
3216 conduct of the special marketing campaign or market and product
3217 research and development to be carried out pursuant to any such
3218 marketing order so implemented. Upon the completion of the
3219 special marketing campaign or market and product research and
3220 development provided for pursuant to any marketing order so
3221 implemented, any and all moneys remaining and not required by
3222 the department to defray the expenses of such marketing order
3223 shall be deposited to and made a part of the Florida Citrus
3224 Advertising Trust Fund created by s. 601.15.
3225 Section 84. Subsection (11) of section 601.155, Florida
3226 Statutes, is amended to read:
3227 601.155 Equalizing assessment; credit; exemption.—
3228 (11) All assessments levied and collected under this
3229 section, including penalties, shall be paid into the State
3230 Treasury to be made a part of the Florida Citrus Advertising
3231 Trust Fund in the same manner, for the same purposes, and in the
3232 same proportions as set forth in s. 601.15(7). Any person
3233 failing to file a return or pay any assessment within the time
3234 required shall thereby forfeit to the department a penalty of 5
3235 percent of the amount of assessment then due, but the
3236 department, on good cause shown, may waive all or any part of
3237 such penalty.
3238 Section 85. Section 97.05831, Florida Statutes, is
3239 repealed.
3240 Section 86. Section 258.0145, Florida Statutes, is
3241 repealed.
3242 Section 87. Section 379.2213, Florida Statutes, is
3243 repealed.
3244 Section 88. Section 379.3502, Florida Statutes, is
3245 repealed.
3246 Section 89. Section 379.3503, Florida Statutes, is
3247 repealed.
3248 Section 90. Section 379.3504, Florida Statutes, is
3249 repealed.
3250 Section 91. Section 379.3511, Florida Statutes, is
3251 repealed.
3252 Section 92. Section 379.3512, Florida Statutes, is
3253 repealed.
3254 Section 93. Section 379.352, Florida Statutes, is repealed.
3255 Section 94. Section 379.353, Florida Statutes, is repealed.
3256 Section 95. Section 379.354, Florida Statutes, is repealed.
3257 Section 96. Section 379.356, Florida Statutes, is repealed.
3258 Section 97. Section 379.357, Florida Statutes, is repealed.
3259 Section 98. Section 379.3581, Florida Statutes, is
3260 repealed.
3261 Section 99. Section 379.359, Florida Statutes, is repealed.
3262 Section 100. Section 938.04, Florida Statutes, is repealed.
3263 Section 101. Section 938.06, Florida Statutes, is repealed.
3264 Section 102. Section 938.15, Florida Statutes, is repealed.
3265 Section 103. Paragraph (b) of subsection (4) and paragraph
3266 (b) of subsection (5) of section 16.555, Florida Statutes, are
3267 amended to read:
3268 16.555 Crime Stoppers Trust Fund; rulemaking.—
3269 (4)
3270 (b) The proceeds of the court cost imposed by s. 938.06
3271 shall be deposited in a separate account in the trust fund, and
3272 within that account the funds shall be designated according to
3273 the judicial circuit in which they were collected. The funds in
3274 this account shall be used as provided in paragraph (5)(b).
3275 (5)
3276 (b) Funds deposited in the trust fund pursuant to paragraph
3277 (4)(b) shall be disbursed as provided in this paragraph. A
3278 county may apply to the department under s. 938.06 for a grant
3279 from the funds collected in the judicial circuit in which the
3280 county is located. A grant may be awarded only to counties that
3281 are served by an official member of the Florida Association of
3282 Crime Stoppers and may be used only to support Crime Stoppers
3283 and its crime fighting programs. Only one such official member
3284 is eligible for support within any county. To aid the department
3285 in determining eligibility, the secretary of the Florida
3286 Association of Crime Stoppers shall furnish the department with
3287 a schedule of authorized crime stoppers programs and shall
3288 update the schedule as necessary. The department shall award
3289 grants to eligible counties from available funds and shall
3290 distribute funds as equitably as possible, based on amounts
3291 collected within each county, if more than one county is
3292 eligible within a judicial circuit.
3293 Section 104. Paragraph (b) of subsection (8) of section
3294 212.06, Florida Statutes, is amended to read:
3295 212.06 Sales, storage, use tax; collectible from dealers;
3296 “dealer” defined; dealers to collect from purchasers;
3297 legislative intent as to scope of tax.—
3298 (8)
3299 (b) The presumption that tangible personal property used in
3300 another state, territory of the United States, or the District
3301 of Columbia for 6 months or longer before being imported into
3302 this state was not purchased for use in this state does not
3303 apply to any boat for which a saltwater fishing license fee is
3304 required to be paid pursuant to s. 379.354(7), either directly
3305 or indirectly, for the purpose of taking, attempting to take, or
3306 possessing any saltwater fish for noncommercial purposes. Use
3307 tax shall apply and be due on such a boat as provided in this
3308 paragraph, and proof of payment of such tax must be presented
3309 prior to the first such licensure of the boat, registration of
3310 the boat pursuant to chapter 328, and titling of the boat
3311 pursuant to chapter 328. A boat that is first licensed within 1
3312 year after purchase shall be subject to use tax on the full
3313 amount of the purchase price; a boat that is first licensed in
3314 the second year after purchase shall be subject to use tax on 90
3315 percent of the purchase price; a boat that is first licensed in
3316 the third year after purchase shall be subject to use tax on 80
3317 percent of the purchase price; a boat that is first licensed in
3318 the fourth year after purchase shall be subject to use tax on 70
3319 percent of the purchase price; a boat that is first licensed in
3320 the fifth year after purchase shall be subject to use tax on 60
3321 percent of the purchase price; and a boat that is first licensed
3322 in the sixth year after purchase, or later, shall be subject to
3323 use tax on 50 percent of the purchase price. If the purchaser
3324 fails to provide the purchase invoice on such boat, the fair
3325 market value of the boat at the time of importation into this
3326 state shall be used to compute the tax.
3327 Section 105. Subsection (1) of section 258.014, Florida
3328 Statutes, is amended to read:
3329 258.014 Use of state parks; fees for use; campsite
3330 reservations.—
3331 (1) STATE PARK TRUST FUND FEES FOR USE.—
3332 (a) The Division of Recreation and Parks shall have the
3333 power to charge reasonable fees, rentals, or charges for the use
3334 or operation of facilities and concessions in state parks. All
3335 such fees, rentals, and charges so collected must be deposited
3336 in the State Treasury to the credit of “State Park Trust Fund,”
3337 which is hereby created., The continuing balance of the which
3338 fund is hereby appropriated to be expended by the Division of
3339 Recreation and Parks for the administration, improvement, and
3340 maintenance of state parks and for the acquisition and
3341 development of lands hereafter acquired for state park purposes.
3342 The appropriation of the fund shall be continuing and may not
3343 revert to the General Revenue Fund at the end of any fiscal year
3344 or at any other time but shall, until expended, be continually
3345 available to the division for the uses and purposes set forth.
3346 (b) Any moneys received in trust by the division by gift,
3347 devise, appropriation, or otherwise shall, subject to the terms
3348 of such trust, be deposited with the Chief Financial Officer in
3349 a fund to be known as the “State Park Trust Fund,” and shall be
3350 subject to withdrawal upon application of the division for
3351 expenditure or investment in accordance with the terms of the
3352 trust. Unless prohibited by the terms of the trust by which the
3353 moneys are derived, all such moneys may be invested as provided
3354 by law.
3355 Section 106. Section 258.0142, Florida Statutes, is amended
3356 to read:
3357 258.0142 Foster and adoptive family state park events fee
3358 discounts.—
3359 (1) To promote awareness of the contributions made by
3360 foster families and adoptive families to the vitality of the
3361 state, the Division of Recreation and Parks shall provide the
3362 following discounts on state park fees to persons who present
3363 written documentation satisfactory to the division which
3364 evidences their eligibility for the discounts:
3365 (a) Families operating a licensed family foster home under
3366 s. 409.175 shall receive family annual entrance passes at no
3367 charge and a 50 percent discount on base campsite fees at state
3368 parks.
3369 (b) Families who adopt a difficult-to-place child as
3370 described in s. 409.166(2)(d)2. from the Department of Children
3371 and Families shall receive a one-time family annual entrance
3372 pass at no charge at the time of the adoption.
3373 (2) The division, in consultation with the Department of
3374 Children and Families, shall identify the types of documentation
3375 sufficient to establish eligibility for the discounts under this
3376 section and establish a procedure for obtaining the discounts.
3377 (3) The division shall continue its partnership with the
3378 Department of Children and Families to promote fostering and
3379 adoption of difficult-to-place children with events held each
3380 year during National Foster Care Month and National Adoption
3381 Month.
3382 Section 107. Paragraphs (c) and (d) of subsection (11) of
3383 section 318.18, Florida Statutes, are amended to read:
3384 318.18 Amount of penalties.—The penalties required for a
3385 noncriminal disposition pursuant to s. 318.14 or a criminal
3386 offense listed in s. 318.17 are as follows:
3387 (11)
3388 (c) In addition to the court cost required under paragraph
3389 (a), a $2.50 court cost must be paid for each infraction to be
3390 distributed by the clerk to the county to help pay for criminal
3391 justice education and training programs pursuant to s. 938.15.
3392 Funds from the distribution to the county not directed by the
3393 county to fund these centers or programs shall be retained by
3394 the clerk and used for funding the court-related services of the
3395 clerk.
3396 (d) In addition to the court cost required under paragraph
3397 (a), a $3 court cost must be paid for each infraction to be
3398 distributed as provided in s. 938.01 and a $2 court cost as
3399 provided in s. 938.15 when assessed by a municipality or county.
3400 Section 108. Subsection (10) of section 318.21, Florida
3401 Statutes, is amended to read:
3402 318.21 Disposition of civil penalties by county courts.—All
3403 civil penalties received by a county court pursuant to the
3404 provisions of this chapter shall be distributed and paid monthly
3405 as follows:
3406 (10) The additional costs and surcharges on criminal
3407 traffic offenses provided for under s. 938.03 ss. 938.03 and
3408 938.04 must be collected and distributed by the clerk of the
3409 court as provided in those sections. The additional costs and
3410 surcharges must also be collected for the violation of any
3411 ordinances adopting the criminal traffic offenses enumerated in
3412 s. 318.17.
3413 Section 109. Paragraph (b) of subsection (11) of section
3414 327.73, Florida Statutes, is amended to read:
3415 327.73 Noncriminal infractions.—
3416 (11)
3417 (b) In addition to the court cost assessed under paragraph
3418 (a), the court shall impose a $3 court cost for each noncriminal
3419 infraction, to be distributed as provided in s. 938.01, and a $2
3420 court cost as provided in s. 938.15 when assessed by a
3421 municipality or county.
3422
3423 Court costs imposed under this subsection may not exceed $45. A
3424 criminal justice selection center or both local criminal justice
3425 access and assessment centers may be funded from these court
3426 costs.
3427 Section 110. Section 379.203, Florida Statutes, is amended
3428 to read:
3429 379.203 Dedicated License Trust Fund.—
3430 (1) There is established within the Fish and Wildlife
3431 Conservation Commission the Dedicated License Trust Fund. The
3432 fund shall be credited with moneys collected pursuant to s.
3433 379.354 for 5-year licenses and permits and replacement 5-year
3434 licenses.
3435 (2)(a) One-fifth of the total proceeds from the sale of 5
3436 year hunting and freshwater fishing licenses, permits, and
3437 replacement licenses, and all interest derived therefrom, shall
3438 be appropriated annually to the State Game Trust Fund.
3439 (b) One-fifth of the total proceeds from the sale of 5-year
3440 saltwater fishing licenses, permits, and replacement licenses,
3441 and all interest derived therefrom, shall be appropriated
3442 annually to the Marine Resources Conservation Trust Fund.
3443 (3) The fund shall be exempt from the provisions of s.
3444 215.20.
3445 Section 111. Subsection (2) of section 379.207, Florida
3446 Statutes, is amended to read:
3447 379.207 Lifetime Fish and Wildlife Trust Fund.—
3448 (2) The principal of the fund shall be derived from the
3449 following:
3450 (a) proceeds of any gifts, grants, and contributions to the
3451 state which are specifically designated for inclusion in the
3452 fund.
3453 (b) Proceeds from the sale of lifetime licenses issued in
3454 accordance with s. 379.354.
3455 Section 112. Paragraph (c) of subsection (2) of section
3456 379.208, Florida Statutes, is amended to read:
3457 379.208 Marine Resources Conservation Trust Fund;
3458 purposes.—
3459 (2) The Marine Resources Conservation Trust Fund shall
3460 receive the proceeds from:
3461 (c) All fees collected under ss. 379.2424, 379.357,
3462 379.365, 379.366, and 379.3671.
3463 Section 113. Section 379.2201, Florida Statutes, is amended
3464 to read:
3465 379.2201 Deposit of license fees; allocation of federal
3466 funds.—
3467 (1) Funds in Except as provided in ss. 379.203 and 379.207,
3468 all saltwater license and permit fees collected pursuant to s.
3469 379.354 shall be deposited into the Marine Resources
3470 Conservation Trust Fund shall, to be used as follows:
3471 (a) Not more than 7.5 percent of the total fees collected
3472 shall be used for administration of the licensing program and
3473 for information and education.
3474 (b) Not less than 30 percent of the total funds fees
3475 collected shall be used for law enforcement.
3476 (c) Not less than 32.5 percent of the total funds fees
3477 collected shall be used for marine research and management.
3478 (d) Not less than 30 percent of the total funds shall be
3479 used fees collected, for fishery enhancement, including, but not
3480 limited to, fishery statistics development, artificial reefs,
3481 and fish hatcheries.
3482 (2) The proceeds from recreational saltwater fishing
3483 license fees paid by fishers shall only be appropriated to the
3484 commission.
3485 (2)(3) Funds available from the Wallop-Breaux Aquatic
3486 Resources Trust Fund shall be distributed by the commission
3487 between freshwater fisheries management and research and marine
3488 fisheries management and research in proportion to the numbers
3489 of resident fresh and saltwater anglers as determined by the
3490 most current data on license sales. Unless otherwise provided by
3491 federal law, the commission, at a minimum, shall provide the
3492 following:
3493 (a) Not less than 5 percent or more than 10 percent of the
3494 funds allocated to the commission shall be expended for an
3495 aquatic resources education program; and
3496 (b) Not less than 10 percent of the funds allocated to the
3497 commission shall be expended for acquisition, development,
3498 renovation, or improvement of boating facilities.
3499 Section 114. Section 379.2255, Florida Statutes, is amended
3500 to read:
3501 379.2255 Wildlife Violator Compact Act.—The Wildlife
3502 Violator Compact is created and entered into with all other
3503 jurisdictions legally joining therein in the form substantially
3504 as follows:
3505
3506 ARTICLE I
3507 Findings and Purpose
3508
3509 (1) The participating states find that:
3510 (a) Wildlife resources are managed in trust by the
3511 respective states for the benefit of all residents and visitors.
3512 (b) The protection of the wildlife resources of a state is
3513 materially affected by the degree of compliance with state
3514 statutes, laws, regulations, ordinances, and administrative
3515 rules relating to the management of such resources.
3516 (c) The preservation, protection, management, and
3517 restoration of wildlife contributes immeasurably to the
3518 aesthetic, recreational, and economic aspects of such natural
3519 resources.
3520 (d) Wildlife resources are valuable without regard to
3521 political boundaries; therefore, every person should be required
3522 to comply with wildlife preservation, protection, management,
3523 and restoration laws, ordinances, and administrative rules and
3524 regulations of the participating states as a condition precedent
3525 to the continuance or issuance of any license to hunt, fish,
3526 trap, or possess wildlife.
3527 (e) Violation of wildlife laws interferes with the
3528 management of wildlife resources and may endanger the safety of
3529 persons and property.
3530 (f) The mobility of many wildlife law violators
3531 necessitates the maintenance of channels of communication among
3532 the various states.
3533 (g) In most instances, a person who is cited for a wildlife
3534 violation in a state other than his or her home state is:
3535 1. Required to post collateral or a bond to secure
3536 appearance for a trial at a later date;
3537 2. Taken into custody until the collateral or bond is
3538 posted; or
3539 3. Taken directly to court for an immediate appearance.
3540 (h) The purpose of the enforcement practices set forth in
3541 paragraph (g) is to ensure compliance with the terms of a
3542 wildlife citation by the cited person who, if permitted to
3543 continue on his or her way after receiving the citation, could
3544 return to his or her home state and disregard his or her duty
3545 under the terms of the citation.
3546 (i) In most instances, a person receiving a wildlife
3547 citation in his or her home state is permitted to accept the
3548 citation from the officer at the scene of the violation and
3549 immediately continue on his or her way after agreeing or being
3550 instructed to comply with the terms of the citation.
3551 (j) The practices described in paragraph (g) cause
3552 unnecessary inconvenience and, at times, a hardship for the
3553 person who is unable at the time to post collateral, furnish a
3554 bond, stand trial, or pay a fine, and thus is compelled to
3555 remain in custody until some alternative arrangement is made.
3556 (k) The enforcement practices described in paragraph (g)
3557 consume an undue amount of time of law enforcement agencies.
3558 (2) It is the policy of the participating states to:
3559 (a) Promote compliance with the statutes, laws, ordinances,
3560 regulations, and administrative rules relating to the management
3561 of wildlife resources in their respective states.
3562 (b) Recognize a suspension of the wildlife license
3563 privileges of any person whose license privileges have been
3564 suspended by a participating state and treat such suspension as
3565 if it had occurred in each respective state.
3566 (c) Allow a violator, except as provided in subsection (2)
3567 of Article III, to accept a wildlife citation and, without
3568 delay, proceed on his or her way, whether or not the violator is
3569 a resident of the state in which the citation was issued, if the
3570 violator’s home state is party to this compact.
3571 (d) Report to the appropriate participating state, as
3572 provided in the compact manual, any conviction recorded against
3573 any person whose home state was not the issuing state.
3574 (e) Allow the home state to recognize and treat convictions
3575 recorded against its residents, which convictions occurred in a
3576 participating state, as though they had occurred in the home
3577 state.
3578 (f) Extend cooperation to its fullest extent among the
3579 participating states for enforcing compliance with the terms of
3580 a wildlife citation issued in one participating state to a
3581 resident of another participating state.
3582 (g) Maximize the effective use of law enforcement personnel
3583 and information.
3584 (h) Assist court systems in the efficient disposition of
3585 wildlife violations.
3586 (3) The purpose of this compact is to:
3587 (a) Provide a means through which participating states may
3588 join in a reciprocal program to effectuate the policies
3589 enumerated in subsection (2) in a uniform and orderly manner.
3590 (b) Provide for the fair and impartial treatment of
3591 wildlife violators operating within participating states in
3592 recognition of the violator’s right to due process and the
3593 sovereign status of a participating state.
3594
3595 ARTICLE II
3596 Definitions
3597
3598 As used in this compact, the term:
3599 (1) “Citation” means any summons, complaint, summons and
3600 complaint, ticket, penalty assessment, or other official
3601 document issued to a person by a wildlife officer or other peace
3602 officer for a wildlife violation which contains an order
3603 requiring the person to respond.
3604 (2) “Collateral” means any cash or other security deposited
3605 to secure an appearance for trial in connection with the
3606 issuance by a wildlife officer or other peace officer of a
3607 citation for a wildlife violation.
3608 (3) “Compliance” with respect to a citation means the act
3609 of answering a citation through an appearance in a court or
3610 tribunal, or through the payment of fines, costs, and
3611 surcharges, if any.
3612 (4) “Conviction” means a conviction that results in
3613 suspension or revocation of a license, including any court
3614 conviction, for any offense related to the preservation,
3615 protection, management, or restoration of wildlife which is
3616 prohibited by state statute, law, regulation, ordinance, or
3617 administrative rule. The term also includes the forfeiture of
3618 any bail, bond, or other security deposited to secure appearance
3619 by a person charged with having committed any such offense, the
3620 payment of a penalty assessment, a plea of nolo contendere, or
3621 the imposition of a deferred or suspended sentence by the court.
3622 (5) “Court” means a court of law, including magistrate’s
3623 court and the justice of the peace court.
3624 (6) “Home state” means the state of primary residence of a
3625 person.
3626 (7) “Issuing state” means the participating state that
3627 issues a wildlife citation to the violator.
3628 (8) “License” means any license, permit, or other public
3629 document that conveys to the person to whom it was issued the
3630 privilege of pursuing, possessing, or taking any wildlife
3631 regulated by statute, law, regulation, ordinance, or
3632 administrative rule of a participating state; any privilege to
3633 obtain such license, permit, or other public document; or any
3634 statutory exemption from the requirement to obtain such license,
3635 permit, or other public document. However, when applied to a
3636 license, permit, or privilege issued or granted by the State of
3637 Florida, only a license or permit issued under s. 379.354, or a
3638 privilege granted under s. 379.353, shall be considered a
3639 license.
3640 (9) “Licensing authority” means the department or division
3641 within each participating state which is authorized by law to
3642 issue or approve licenses or permits to hunt, fish, trap, or
3643 possess wildlife.
3644 (10) “Participating state” means any state that enacts
3645 legislation to become a member of this wildlife compact.
3646 (11) “Personal recognizance” means an agreement by a person
3647 made at the time of issuance of the wildlife citation that such
3648 person will comply with the terms of the citation.
3649 (12) “State” means any state, territory, or possession of
3650 the United States, the District of Columbia, the Commonwealth of
3651 Puerto Rico, the Provinces of Canada, and other countries.
3652 (13) “Suspension” means any revocation, denial, or
3653 withdrawal of any or all license privileges, including the
3654 privilege to apply for, purchase, or exercise the benefits
3655 conferred by any license.
3656 (14) “Terms of the citation” means those conditions and
3657 options expressly stated upon the citation.
3658 (15) “Wildlife” means all species of animals, including,
3659 but not limited to, mammals, birds, fish, reptiles, amphibians,
3660 mollusks, and crustaceans, which are defined as “wildlife” and
3661 are protected or otherwise regulated by statute, law,
3662 regulation, ordinance, or administrative rule in a participating
3663 state. Species included in the definition of “wildlife” vary
3664 from state to state and the determination of whether a species
3665 is “wildlife” for the purposes of this compact shall be based on
3666 local law.
3667 (16) “Wildlife law” means any statute, law, regulation,
3668 ordinance, or administrative rule developed and enacted for the
3669 management of wildlife resources and the uses thereof.
3670 (17) “Wildlife officer” means any individual authorized by
3671 a participating state to issue a citation for a wildlife
3672 violation.
3673 (18) “Wildlife violation” means any cited violation of a
3674 statute, law, regulation, ordinance, or administrative rule
3675 developed and enacted for the management of wildlife resources
3676 and the uses thereof.
3677
3678 ARTICLE III
3679 Procedures for Issuing State
3680
3681 (1) When issuing a citation for a wildlife violation, a
3682 wildlife officer shall issue a citation to any person whose
3683 primary residence is in a participating state in the same manner
3684 as though the person were a resident of the issuing state and
3685 shall not require such person to post collateral to secure
3686 appearance, subject to the exceptions noted in subsection (2),
3687 if the officer receives the recognizance of such person that he
3688 will comply with the terms of the citation.
3689 (2) Personal recognizance is acceptable if not prohibited
3690 by local law; by policy, procedure, or regulation of the issuing
3691 agency; or by the compact manual and if the violator provides
3692 adequate proof of identification to the wildlife officer.
3693 (3) Upon conviction or failure of a person to comply with
3694 the terms of a wildlife citation, the appropriate official shall
3695 report the conviction or failure to comply to the licensing
3696 authority of the participating state in which the wildlife
3697 citation was issued. The report shall be made in accordance with
3698 procedures specified by the issuing state and must contain
3699 information as specified in the compact manual as minimum
3700 requirements for effective processing by the home state.
3701 (4) Upon receipt of the report of conviction or
3702 noncompliance pursuant to subsection (3), the licensing
3703 authority of the issuing state shall transmit to the licensing
3704 authority of the home state of the violator the information in
3705 the form and content prescribed in the compact manual.
3706
3707 ARTICLE IV
3708 Procedure for Home State
3709
3710 (1) Upon receipt of a report from the licensing authority
3711 of the issuing state reporting the failure of a violator to
3712 comply with the terms of a citation, the licensing authority of
3713 the home state shall notify the violator and shall initiate a
3714 suspension action in accordance with the home state’s suspension
3715 procedures and shall suspend the violator’s license privileges
3716 until satisfactory evidence of compliance with the terms of the
3717 wildlife citation has been furnished by the issuing state to the
3718 home state licensing authority. Due-process safeguards shall be
3719 accorded.
3720 (2) Upon receipt of a report of conviction from the
3721 licensing authority of the issuing state, the licensing
3722 authority of the home state shall enter such conviction in its
3723 records and shall treat such conviction as though it occurred in
3724 the home state for purposes of the suspension of license
3725 privileges.
3726 (3) The licensing authority of the home state shall
3727 maintain a record of actions taken and shall make reports to
3728 issuing states as provided in the compact manual.
3729
3730 ARTICLE V
3731 Reciprocal Recognition of Suspension
3732
3733 (1) Each participating state may recognize the suspension
3734 of license privileges of any person by any other participating
3735 state as though the violation resulting in the suspension had
3736 occurred in that state and would have been the basis for
3737 suspension of license privileges in that state.
3738 (2) Each participating state shall communicate suspension
3739 information to other participating states in the form and
3740 content contained in the compact manual.
3741
3742 ARTICLE VI
3743 Applicability of Other Laws
3744
3745 Except as expressly required by provisions of this compact, this
3746 compact does not affect the right of any participating state to
3747 apply any of its laws relating to license privileges to any
3748 person or circumstance or to invalidate or prevent any agreement
3749 or other cooperative arrangement between a participating state
3750 and a nonparticipating state concerning the enforcement of
3751 wildlife laws.
3752
3753 ARTICLE VII
3754 Compact Administrator Procedures
3755
3756 (1) For the purpose of administering the provisions of this
3757 compact and to serve as a governing body for the resolution of
3758 all matters relating to the operation of this compact, a board
3759 of compact administrators is established. The board shall be
3760 composed of one representative from each of the participating
3761 states to be known as the compact administrator. The compact
3762 administrator shall be appointed by the head of the licensing
3763 authority of each participating state and shall serve and be
3764 subject to removal in accordance with the laws of the state he
3765 or she represents. A compact administrator may provide for the
3766 discharge of his or her duties and the performance of his or her
3767 functions as a board member by an alternate. An alternate is not
3768 entitled to serve unless written notification of his or her
3769 identity has been given to the board.
3770 (2) Each member of the board of compact administrators
3771 shall be entitled to one vote. No action of the board shall be
3772 binding unless taken at a meeting at which a majority of the
3773 total number of the board’s votes are cast in favor thereof.
3774 Action by the board shall be only at a meeting at which a
3775 majority of the participating states are represented.
3776 (3) The board shall elect annually from its membership a
3777 chairperson and vice chairperson.
3778 (4) The board shall adopt bylaws not inconsistent with the
3779 provisions of this compact or the laws of a participating state
3780 for the conduct of its business and shall have the power to
3781 amend and rescind its bylaws.
3782 (5) The board may accept for any of its purposes and
3783 functions under this compact any and all donations and grants of
3784 moneys, equipment, supplies, materials, and services,
3785 conditional or otherwise, from any state, the United States, or
3786 any governmental agency, and may receive, use, and dispose of
3787 the same.
3788 (6) The board may contract with, or accept services or
3789 personnel from, any governmental or intergovernmental agency,
3790 individual, firm, corporation, or private nonprofit organization
3791 or institution.
3792 (7) The board shall formulate all necessary procedures and
3793 develop uniform forms and documents for administering the
3794 provisions of this compact. All procedures and forms adopted
3795 pursuant to board action shall be contained in a compact manual.
3796
3797 ARTICLE VIII
3798 Entry into Compact and Withdrawal
3799
3800 (1) This compact shall become effective at such time as it
3801 is adopted in substantially similar form by two or more states.
3802 (2)(a) Entry into the compact shall be made by resolution
3803 of ratification executed by the authorized officials of the
3804 applying state and submitted to the chairperson of the board.
3805 (b) The resolution shall substantially be in the form and
3806 content as provided in the compact manual and must include the
3807 following:
3808 1. A citation of the authority from which the state is
3809 empowered to become a party to this compact;
3810 2. An agreement of compliance with the terms and provisions
3811 of this compact; and
3812 3. An agreement that compact entry is with all states
3813 participating in the compact and with all additional states
3814 legally becoming a party to the compact.
3815 (c) The effective date of entry shall be specified by the
3816 applying state, but may not be less than 60 days after notice
3817 has been given by the chairperson of the board of the compact
3818 administrators or by the secretariat of the board to each
3819 participating state that the resolution from the applying state
3820 has been received.
3821 (3) A participating state may withdraw from participation
3822 in this compact by official written notice to each participating
3823 state, but withdrawal shall not become effective until 90 days
3824 after the notice of withdrawal is given. The notice must be
3825 directed to the compact administrator of each member state. The
3826 withdrawal of any state does not affect the validity of this
3827 compact as to the remaining participating states.
3828
3829 ARTICLE IX
3830 Amendments to the Compact
3831
3832 (1) This compact may be amended from time to time.
3833 Amendments shall be presented in resolution form to the
3834 chairperson of the board of compact administrators and shall be
3835 initiated by one or more participating states.
3836 (2) Adoption of an amendment shall require endorsement by
3837 all participating states and shall become effective 30 days
3838 after the date of the last endorsement.
3839
3840 ARTICLE X
3841 Construction and Severability
3842
3843 This compact shall be liberally construed so as to effectuate
3844 the purposes stated herein. The provisions of this compact are
3845 severable and if any phrase, clause, sentence, or provision of
3846 this compact is declared to be contrary to the constitution of
3847 any participating state or of the United States, or if the
3848 applicability thereof to any government, agency, individual, or
3849 circumstance is held invalid, the validity of the remainder of
3850 this compact shall not be affected thereby. If this compact is
3851 held contrary to the constitution of any participating state,
3852 the compact shall remain in full force and effect as to the
3853 remaining states and in full force and effect as to the
3854 participating state affected as to all severable matters.
3855
3856 ARTICLE XI
3857 Title
3858
3859 This compact shall be known as the “Wildlife Violator
3860 Compact.”
3861 Section 115. Paragraph (a) of subsection (1) of section
3862 379.363, Florida Statutes, is amended to read:
3863 379.363 Freshwater fish dealer’s license.—
3864 (1) No person shall engage in the business of taking for
3865 sale or selling any frogs or freshwater fish, including live
3866 bait, of any species or size, or importing any exotic or
3867 nonnative fish, until such person has obtained a license and
3868 paid the fee therefor as set forth herein. The license issued
3869 shall be in the possession of the person to whom issued while
3870 such person is engaging in the business of taking for sale or
3871 selling freshwater fish or frogs, is not transferable, shall
3872 bear on its face in indelible ink the name of the person to whom
3873 it is issued, and shall be affixed to a license identification
3874 card issued by the commission. Such license is not valid unless
3875 it bears the name of the person to whom it is issued and is so
3876 affixed. The failure of such person to exhibit such license to
3877 the commission or any of its wildlife officers when such person
3878 is found engaging in such business is a violation of law. The
3879 license fees and activities permitted under particular licenses
3880 are as follows:
3881 (a) The fee for a resident commercial fishing license,
3882 which permits a resident to take freshwater fish or frogs by any
3883 lawful method prescribed by the commission and to sell such fish
3884 or frogs, shall be $25. The license provided for in this
3885 paragraph shall also allow noncommercial fishing as provided by
3886 law and commission rules, and the license in s. 379.354(4)(a)
3887 shall not be required.
3888 Section 116. Section 379.3501, Florida Statutes, is amended
3889 to read:
3890 379.3501 Expiration of licenses and permits.—Each license
3891 or permit issued under this part must be dated when issued. Each
3892 license or permit issued under this part remains valid for 12
3893 months after the date of issuance, except for a lifetime license
3894 issued pursuant to s. 379.354 which is valid from the date of
3895 issuance until the death of the individual to whom the license
3896 is issued unless otherwise revoked in accordance with s. 379.401
3897 or s. 379.404, or a 5-year license issued pursuant to s. 379.354
3898 which is valid for 5 consecutive years from the date of purchase
3899 unless otherwise revoked in accordance with s. 379.401 or s.
3900 379.404, or a license issued pursuant to s. 379.354(5)(a), (b),
3901 (c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for
3902 the period specified on the license. A resident lifetime license
3903 or a resident 5-year license that has been purchased by a
3904 resident of this state and who subsequently resides in another
3905 state shall be honored for activities authorized by that
3906 license.
3907 Section 117. Section 379.3582, Florida Statutes, is amended
3908 to read:
3909 379.3582 Hunter safety course for juveniles.—The Fish and
3910 Wildlife Conservation Commission shall develop a hunter safety
3911 course for juveniles who are at least 5 years of age but less
3912 than 16 years of age. The course must include, but is not
3913 limited to, instruction in the competent and safe handling of
3914 firearms, conservation, and hunting ethics. The course must be
3915 appropriate for the ages of the students. The course is
3916 voluntary and must be offered in each county in the state at
3917 least annually. The course is in addition to, and not in lieu
3918 of, the hunter safety course prescribed in s. 379.3581.
3919 Section 118. Subsection (2) of section 379.3712, Florida
3920 Statutes, is amended to read:
3921 379.3712 Private hunting preserve license fees; exception.—
3922 (2) A commercial hunting preserve license, which shall
3923 exempt patrons of licensed preserves from the license and permit
3924 requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j);
3925 (5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12)
3926 while hunting on the licensed preserve property, shall be $500.
3927 Such commercial hunting preserve license shall be available only
3928 to those private hunting preserves licensed pursuant to this
3929 section which are operated exclusively for commercial purposes,
3930 which are open to the public, and for which a uniform fee is
3931 charged to patrons for hunting privileges.
3932 Section 119. Paragraphs (e), (f), and (g) of subsection (1)
3933 of section 379.3751, Florida Statutes, are amended to read:
3934 379.3751 Taking and possession of alligators; trapping
3935 licenses; fees.—
3936 (1)
3937 (e) An alligator trapping license or alligator trapping
3938 agent license is not required for a person taking alligators
3939 under a military or disabled veterans event permit issued by the
3940 commission pursuant to s. 379.353(2)(q).
3941 (f) An alligator trapping license or alligator trapping
3942 agent license shall be issued without fee to any disabled
3943 resident who meets the requirements of s. 379.353(1).
3944 (g) A person engaged in the taking of alligators under any
3945 permit issued by the commission which authorizes the taking of
3946 alligators is not required to possess a management area permit
3947 under s. 379.354(8).
3948 Section 120. Section 379.401, Florida Statutes, is amended
3949 to read:
3950 379.401 Penalties and violations; civil penalties for
3951 noncriminal infractions; criminal penalties; suspension and
3952 forfeiture of licenses and permits.—
3953 (1) LEVEL ONE VIOLATIONS.—
3954 (a) A person commits a Level One violation if he or she
3955 violates any of the following provisions:
3956 1. Rules or orders of the commission relating to the filing
3957 of reports or other documents required to be filed by persons
3958 who hold any recreational licenses and permits or any alligator
3959 licenses and permits issued by the commission.
3960 1.2. Rules or orders of the commission relating to quota
3961 hunt permits, daily use permits, hunting zone assignments,
3962 camping, alcoholic beverages, vehicles, and check stations
3963 within wildlife management areas or other areas managed by the
3964 commission.
3965 2.3. Rules or orders of the commission relating to daily
3966 use permits, alcoholic beverages, swimming, possession of
3967 firearms, operation of vehicles, and watercraft speed within
3968 fish management areas managed by the commission.
3969 3.4. Rules or orders of the commission relating to vessel
3970 size or specifying motor restrictions on specified water bodies.
3971 4.5. Rules or orders of the commission requiring the return
3972 of unused CITES tags issued under the Statewide Alligator
3973 Harvest Program or the Statewide Nuisance Alligator Program.
3974 5.6. Section 379.3003, prohibiting deer hunting unless
3975 required clothing is worn.
3976 7. Section 379.354(1)-(15), providing for recreational
3977 licenses to hunt, fish, and trap.
3978 8. Section 379.3581, providing hunter safety course
3979 requirements.
3980 (b) A person who commits a Level One violation commits a
3981 noncriminal infraction and shall be cited to appear before the
3982 county court.
3983 (c)1. The civil penalty for committing a Level One
3984 violation involving the license and permit requirements of s.
3985 379.354 is $50 plus the cost of the license or permit, unless
3986 subparagraph 2. applies. Alternatively, except for a person who
3987 violates s. 379.354(6), (7), or (8)(f) or (h), a person who
3988 violates the license and permit requirements of s. 379.354 and
3989 is subject to the penalties of this subparagraph may purchase
3990 the license or permit, provide proof of such license or permit,
3991 and pay a civil penalty of $50.
3992 2. The civil penalty for committing a Level One violation
3993 involving the license and permit requirements of s. 379.354 is
3994 $250 plus the cost of the license or permit if the person cited
3995 has previously committed the same Level One violation within the
3996 preceding 36 months. Alternatively, except for a person who
3997 violates s. 379.354(6), (7), or (8)(f) or (h), a person who
3998 violates the license and permit requirements of s. 379.354 and
3999 is subject to the penalties of this subparagraph may purchase
4000 the license or permit, provide proof of such license or permit,
4001 and pay a civil penalty of $250.
4002 (c)(d)1. The civil penalty for any other Level One
4003 violation is $50 unless subparagraph 2. applies.
4004 2. The civil penalty for any other Level One violation is
4005 $250 if the person cited has previously committed the same Level
4006 One violation within the preceding 36 months.
4007 (d)(e) A person cited for a Level One violation shall sign
4008 and accept a citation to appear before the county court. The
4009 issuing officer may indicate on the citation the time and
4010 location of the scheduled hearing and shall indicate the
4011 applicable civil penalty.
4012 (e)(f) A person cited for a Level One violation may pay the
4013 civil penalty, and, if applicable, provide proof of the license
4014 or permit required under s. 379.354 by mail or in person within
4015 30 days after receipt of the citation. If the civil penalty is
4016 paid, the person shall be deemed to have admitted committing the
4017 Level One violation and to have waived his or her right to a
4018 hearing before the county court. Such admission may not be used
4019 as evidence in any other proceedings except to determine the
4020 appropriate fine for any subsequent violations.
4021 (f)(g) A person who refuses to accept a citation, who fails
4022 to pay the civil penalty for a Level One violation, or who fails
4023 to appear before a county court as required commits a
4024 misdemeanor of the second degree, punishable as provided in s.
4025 775.082 or s. 775.083.
4026 (g)(h) A person who elects to appear before the county
4027 court or who is required to appear before the county court shall
4028 be deemed to have waived the limitations on civil penalties
4029 provided under paragraph paragraphs (c) and (d). After a
4030 hearing, the county court shall determine if a Level One
4031 violation has been committed, and if so, may impose a civil
4032 penalty of not less than $50 for a first-time violation, and not
4033 more than $500 for subsequent violations. A person found guilty
4034 of committing a Level One violation may appeal that finding to
4035 the circuit court. The commission of a violation must be proved
4036 beyond a reasonable doubt.
4037 (i) A person cited for violating the requirements of s.
4038 379.354 relating to personal possession of a license or permit
4039 may not be convicted if, before or at the time of a county court
4040 hearing, the person produces the required license or permit for
4041 verification by the hearing officer or the court clerk. The
4042 license or permit must have been valid at the time the person
4043 was cited. The clerk or hearing officer may assess a $10 fee for
4044 costs under this paragraph, from which the clerk shall remit $5
4045 to the Department of Revenue for deposit into the General
4046 Revenue Fund.
4047 (2) LEVEL TWO VIOLATIONS.—
4048 (a) A person commits a Level Two violation if he or she
4049 violates any of the following provisions:
4050 1. Rules or orders of the commission relating to seasons or
4051 time periods for the taking of wildlife, freshwater fish, or
4052 saltwater fish.
4053 2. Rules or orders of the commission establishing bag,
4054 possession, or size limits or restricting methods of taking
4055 wildlife, freshwater fish, or saltwater fish.
4056 3. Rules or orders of the commission prohibiting access or
4057 otherwise relating to access to wildlife management areas or
4058 other areas managed by the commission.
4059 4. Rules or orders of the commission relating to the
4060 feeding of saltwater fish.
4061 5. Rules or orders of the commission relating to landing
4062 requirements for freshwater fish or saltwater fish.
4063 6. Rules or orders of the commission relating to restricted
4064 hunting areas, critical wildlife areas, or bird sanctuaries.
4065 7. Rules or orders of the commission relating to tagging
4066 requirements for wildlife and fur-bearing animals.
4067 8. Rules or orders of the commission relating to the use of
4068 dogs for the taking of wildlife.
4069 9. Rules or orders of the commission which are not
4070 otherwise classified.
4071 10. Rules or orders of the commission prohibiting the
4072 unlawful use of traps, unless otherwise provided by law.
4073 11. Rules or orders of the commission requiring the
4074 maintenance of records relating to alligators.
4075 12. Rules or orders of the commission requiring the return
4076 of unused CITES tags issued under an alligator program other
4077 than the Statewide Alligator Harvest Program or the Statewide
4078 Nuisance Alligator Program.
4079 13. All requirements or prohibitions under this chapter
4080 which are not otherwise classified.
4081 14. Section 379.105, prohibiting the intentional harassment
4082 of hunters, fishers, or trappers.
4083 15. Section 379.2421, relating to fishers and equipment.
4084 16. Section 379.2425, relating to spearfishing.
4085 17. Section 379.29, prohibiting the contamination of fresh
4086 waters.
4087 18. Section 379.295, prohibiting the use of explosives and
4088 other substances or force in fresh waters.
4089 19. Section 379.3502, prohibiting the loan or transfer of a
4090 license or permit and the use of a borrowed or transferred
4091 license or permit.
4092 20. Section 379.3503, prohibiting false statements in an
4093 application for a license or permit.
4094 21. Section 379.3504, prohibiting entering false
4095 information on licenses or permits.
4096 22. Section 379.3511, relating to the sale of hunting,
4097 fishing, and trapping licenses and permits by subagents.
4098 23. Section 379.357(3), prohibiting the taking, killing, or
4099 possession of tarpon without purchasing a tarpon tag.
4100 19.24. Section 379.363, relating to freshwater fish dealer
4101 licenses.
4102 20.25. Section 379.364, relating to fur and hide dealer
4103 licenses.
4104 21.26. Section 379.365(2)(b), prohibiting the theft of
4105 stone crab trap contents or trap gear.
4106 22.27. Section 379.366(4)(b), prohibiting the theft of blue
4107 crab trap contents or trap gear.
4108 23.28. Section 379.3671(2)(c), except s. 379.3671(2)(c)5.,
4109 prohibiting the theft of spiny lobster trap contents or trap
4110 gear.
4111 24.29. Section 379.3751, relating to licenses for the
4112 taking and possession of alligators.
4113 25.30. Section 379.3752, relating to tagging requirements
4114 for alligators and hides.
4115 26.31. Section 379.413, prohibiting the unlawful taking of
4116 bonefish.
4117 (b)1. A person who commits a Level Two violation but who
4118 has not been convicted of a Level Two or higher violation within
4119 the past 3 years commits a misdemeanor of the second degree,
4120 punishable as provided in s. 775.082 or s. 775.083.
4121 2. Unless the stricter penalties in subparagraph 3. or
4122 subparagraph 4. apply, a person who commits a Level Two
4123 violation within 3 years after a previous conviction for a Level
4124 Two or higher violation commits a misdemeanor of the first
4125 degree, punishable as provided in s. 775.082 or s. 775.083, with
4126 a minimum mandatory fine of $250.
4127 3. Unless the stricter penalties in subparagraph 4. apply,
4128 a person who commits a Level Two violation within 5 years after
4129 two previous convictions for a Level Two or higher violation,
4130 commits a misdemeanor of the first degree, punishable as
4131 provided in s. 775.082 or s. 775.083, with a minimum mandatory
4132 fine of $500 and a suspension of any recreational license or
4133 permit issued under s. 379.354 for 1 year. Such suspension shall
4134 include the suspension of the privilege to obtain such license
4135 or permit and the suspension of the ability to exercise any
4136 privilege granted under any exemption in s. 379.353.
4137 4. A person who commits a Level Two violation within 10
4138 years after three previous convictions for a Level Two or higher
4139 violation commits a misdemeanor of the first degree, punishable
4140 as provided in s. 775.082 or s. 775.083, with a minimum
4141 mandatory fine of $750 and a suspension of any recreational
4142 license or permit issued under s. 379.354 for 3 years. Such
4143 suspension shall include the suspension of the privilege to
4144 obtain such license or permit and the suspension of the ability
4145 to exercise any privilege granted under s. 379.353. If the
4146 recreational license or permit being suspended was an annual
4147 license or permit, any privileges under ss. 379.353 and 379.354
4148 may not be acquired for a 3-year period following the date of
4149 the violation.
4150 (3) LEVEL THREE VIOLATIONS.—
4151 (a) A person commits a Level Three violation if he or she
4152 violates any of the following provisions:
4153 1. Rules or orders of the commission prohibiting the sale
4154 of saltwater fish.
4155 2. Rules or orders of the commission prohibiting the
4156 illegal importation or possession of exotic marine plants or
4157 animals.
4158 3. Section 379.28, prohibiting the importation of
4159 freshwater fish.
4160 4. Section 379.3014, prohibiting the illegal sale or
4161 possession of alligators.
4162 5. Section 379.354(17), prohibiting the taking of game,
4163 freshwater fish, or saltwater fish while a required license is
4164 suspended or revoked.
4165 6. Section 379.357(4), prohibiting the sale, transfer, or
4166 purchase of tarpon.
4167 5.7. Section 379.404(1), (3), and (6), prohibiting the
4168 illegal taking and possession of deer and wild turkey.
4169 6.8. Section 379.4041(1), prohibiting the illegal taking
4170 and possession of bears.
4171 7.9. Section 379.406, prohibiting the possession and
4172 transportation of commercial quantities of freshwater game fish.
4173 8.10. Section 379.407(2), establishing major violations.
4174 9.11. Section 379.407(4), prohibiting the possession of
4175 certain finfish in excess of recreational daily bag limits.
4176 (b)1. A person who commits a Level Three violation but who
4177 has not been convicted of a Level Three or higher violation
4178 within the past 10 years commits a misdemeanor of the first
4179 degree, punishable as provided in s. 775.082 or s. 775.083.
4180 2. A person who commits a Level Three violation within 10
4181 years after a previous conviction for a Level Three or higher
4182 violation commits a misdemeanor of the first degree, punishable
4183 as provided in s. 775.082 or s. 775.083, with a minimum
4184 mandatory fine of $750 and a suspension of any recreational
4185 license or permit issued under s. 379.354 for the remainder of
4186 the period for which the license or permit was issued up to 3
4187 years. Such suspension shall include the suspension of the
4188 privilege to obtain such license or permit and the ability to
4189 exercise any privilege granted under s. 379.353. If the
4190 recreational license or permit being suspended was an annual
4191 license or permit, any privileges under ss. 379.353 and 379.354
4192 may not be acquired for a 3-year period following the date of
4193 the violation.
4194 3. A person who commits a violation of s. 379.354(17) shall
4195 receive a mandatory fine of $1,000. Any privileges under ss.
4196 379.353 and 379.354 may not be acquired for a 5-year period
4197 following the date of the violation.
4198 (4) LEVEL FOUR VIOLATIONS.—
4199 (a) A person commits a Level Four violation if he or she
4200 violates any of the following provisions:
4201 1. Section 379.354(16), prohibiting the making, forging,
4202 counterfeiting, or reproduction of a recreational license or the
4203 possession of same without authorization from the commission.
4204 1.2. Section 379.365(2)(c), prohibiting criminal activities
4205 relating to the taking of stone crabs.
4206 2.3. Section 379.366(4)(c), prohibiting criminal activities
4207 relating to the taking and harvesting of blue crabs.
4208 3.4. Section 379.367(4), prohibiting the willful
4209 molestation of spiny lobster gear.
4210 4.5. Section 379.3671(2)(c)5., prohibiting the unlawful
4211 reproduction, possession, sale, trade, or barter of spiny
4212 lobster trap tags or certificates.
4213 5.6. Section 379.404(5), prohibiting the sale of illegally
4214 taken deer or wild turkey.
4215 6.7. Section 379.4041(2), prohibiting the sale of illegally
4216 taken bears.
4217 7.8. Section 379.405, prohibiting the molestation or theft
4218 of freshwater fishing gear.
4219 8.9. Section 379.409, prohibiting the unlawful killing,
4220 injuring, possessing, or capturing of alligators or other
4221 crocodilia or their eggs.
4222 9.10. Section 379.411, prohibiting the intentional killing
4223 or wounding of any species designated as endangered, threatened,
4224 or of special concern.
4225 10.11. Section 379.4115, prohibiting the killing of any
4226 Florida or wild panther.
4227 (b) A person who commits a Level Four violation commits a
4228 felony of the third degree, punishable as provided in s.
4229 775.082, s. 775.083, or s. 775.084.
4230 (5) ILLEGAL ACTIVITIES WHILE COMMITTING TRESPASS.—In
4231 addition to any other penalty provided by law, a person who
4232 violates the criminal provisions of this chapter or rules or
4233 orders of the commission by illegally killing, taking,
4234 possessing, or selling fish and wildlife in or out of season
4235 while violating chapter 810 shall pay a fine of $500 for each
4236 such violation, plus court costs and any restitution ordered by
4237 the court. All fines collected under this subsection shall be
4238 remitted by the clerk of the court to the Department of Revenue
4239 to be deposited into the State Game Trust Fund.
4240 (6) SUSPENSION OR FORFEITURE OF LICENSE.—The court may
4241 order the suspension or forfeiture of any license or permit
4242 issued under this chapter to a person who is found guilty of
4243 committing a violation of this chapter.
4244 (6)(7) CONVICTION DEFINED.—As used in this section, the
4245 term “conviction” means any judicial disposition other than
4246 acquittal or dismissal.
4247 Section 121. Paragraph (c) of subsection (2) of section
4248 790.0655, Florida Statutes, is amended to read:
4249 790.0655 Purchase and delivery of firearms; mandatory
4250 waiting period; exceptions; penalties.—
4251 (2) The waiting period does not apply in the following
4252 circumstances:
4253 (c) To the purchase of a rifle or shotgun, upon a person’s
4254 successfully completing a minimum of a 16-hour hunter safety
4255 course and possessing a hunter safety certification card issued
4256 under s. 379.3581. A person who is exempt from the hunter safety
4257 course requirements under s. 379.3581 and holds a valid Florida
4258 hunting license is exempt from the mandatory waiting period
4259 under this section for the purchase of a rifle or shotgun.
4260 Section 122. Subsection (2) of section 938.01, Florida
4261 Statutes, is amended to read:
4262 938.01 Additional Court Cost Clearing Trust Fund.—
4263 (2) Except as provided by s. 938.15 and Notwithstanding any
4264 other provision of law, no funds collected and deposited
4265 pursuant to this section or s. 943.25 shall be expended unless
4266 specifically appropriated by the Legislature.
4267 Section 123. Subsection (11) of section 943.25, Florida
4268 Statutes, is amended to read:
4269 943.25 Criminal justice trust funds; source of funds; use
4270 of funds.—
4271 (11) Except as provided by s. 938.15 and Notwithstanding
4272 any other provision of law, no funds collected and deposited
4273 pursuant to this section shall be expended unless specifically
4274 appropriated by the Legislature.
4275 Section 124. This act shall take effect July 1, 2024.
