Florida 2024 Regular Session

Florida House Bill H1481 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to taxes, licenses, and fees; amending 2
1616 s. 212.055, F.S.; removing a provision allowing the 3
1717 indigent care and trauma center surtax to be levied 4
1818 without a majority vote of electors; repealing s. 5
1919 319.32, F.S., relating to fees for certificates of 6
2020 title and disposition thereof; repealing s. 320.04, 7
2121 F.S.; relating to registration service charges; 8
2222 repealing s. 339.0801, F.S., relating to allocation of 9
2323 increased revenues; amending s. 319.20, F.S.; 10
2424 restoring provisions relating to the payment of fun ds 11
2525 collected by an officer into the State Treasury; 12
2626 amending ss. 215.211, 317.0007, 319.23, 319.24, 13
2727 319.27, 319.28, 319.29, 319.323, 319.324, 319.30, 14
2828 320.031, 320.0715, 320.08053, 320.0807, 320.084, 15
2929 320.131, 320.1325, and 379.209, F.S.; conforming 16
3030 provisions to changes made by the act; repealing ss. 17
3131 320.08 and 320.08001, F.S., relating to license taxes; 18
3232 repealing ss. 320.08015, 320.0802, 320.0804, and 19
3333 320.08046, F.S., relating to surcharges on license 20
3434 taxes; repealing ss. 320.08047, 320.081, 320.10, 21
3535 320.14, 320.15, 320.20, 320.405, and 339.0803, F.S., 22
3636 relating to a voluntary contribution for organ and 23
3737 tissue donor education, collection and distribution of 24
3838 annual license tax on certain units, exemptions, 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 fractional license tax, refund of license tax, 26
5252 disposition of license tax moneys, International 27
5353 Registration Plan records and hearings, and allocation 28
5454 of increased revenues, respectively; amending ss. 29
5555 193.075, 212.05, 212.0601, 215.22, 215.615, 282.709, 30
5656 311.07, 311.09, 316.251, 316.261, 316.515, 316.545, 31
5757 316.550, 320.01, 320.03, 320.055, 320.06, 320.0609, 32
5858 320.0655, 320.0657, 320.0659, 320.07, 320.0705, 33
5959 320.071, 320.072, 320.0801, 320.0803, 320.08035, 34
6060 320.0805, 320.08056, 320.08058, 320.08068, 320.0815, 35
6161 320.0821, 320.083, 320.0843, 320.0847, 320.086, 36
6262 320.0863, 320.0875, 320.089, 320.0891, 320.0892, 37
6363 320.0893, 320.0894, 320.102, 320.13, 320.133, 320.203, 38
6464 320.27, 320.57, 320.771, 322.025, 322.0255, 339.139, 39
6565 553.382, and 765.5155, F.S.; conforming provisions to 40
6666 changes made by the act; amending s. 322.21, F.S.; 41
6767 eliminating fees for original, renewal, and 42
6868 replacement driver licenses and identification cards, 43
6969 certain driver license endorsements, reinstatement of 44
7070 driver licenses, and certain requests for review or 45
7171 hearing; removing provisions relating to collection, 46
7272 deposit, and use of such fees; amending ss. 322.051, 47
7373 322.14, 322.17, 322.18, 322.251, 322.29, and 1003.48, 48
7474 F.S.; conforming provisions to changes made by the 49
7575 act; amending s. 601.15, F.S.; revising a specified 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 assessment on citrus; revising procedures for paym ent 51
8989 of certain assessments; amending ss. 601.041, 601.13, 52
9090 601.152, and 601.155, F.S.; conforming provisions to 53
9191 changes made by this act; repealing s. 258.0145, F.S., 54
9292 relating to military, law enforcement, and firefighter 55
9393 state park fee discounts; repealing s. 279.2213, F.S., 56
9494 relating to management area permit revenues; repealing 57
9595 s. 379.3511, F.S., relating to the appointment of 58
9696 subagents for the sale of recreational hunting, 59
9797 fishing, and trapping licenses and permits; repealing 60
9898 s. 379.3512, F.S., relating t o competitive bidding for 61
9999 the sale of licenses, permits, and authorizations; 62
100100 repealing s. 379.353, F.S., relating to exemptions 63
101101 from fees and requirements for recreational hunting 64
102102 fishing licenses and permits; repealing s. 379.356, 65
103103 F.S., relating to fish p ond licenses; repealing s. 66
104104 379.357, F.S., relating to the Fish and Wildlife 67
105105 Conservation Commission license program for tarpon; 68
106106 repealing s. 379.359, F.S., relating to voluntary 69
107107 contributions to Southeastern Guide Dogs, Inc.; 70
108108 repealing s. 938.04, F.S., rel ating to court costs for 71
109109 criminal offenses to provide compensation to victims 72
110110 of crimes; repealing s. 938.06, F.S., relating to 73
111111 court costs for criminal offenses to fund crime 74
112112 stoppers programs; repealing s. 938.15, F.S., relating 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 to criminal justice educa tion for local governments; 76
126126 amending s. 379.354, F.S.; revising fees for 77
127127 recreational licenses; revising requirements for 78
128128 licensure for certain activities; amending s. 379.352, 79
129129 F.S.; revising the collection of certain moneys for 80
130130 specified purposes; conform ing provisions to changes 81
131131 made by the act; amending ss. 16.555 and 212.06, F.S.; 82
132132 conforming provisions to changes made by the act; 83
133133 amending s. 258.014, F.S.; removing the authority of 84
134134 the Division of Parks and Recreation within the 85
135135 Department of Environmen tal Protection to set fees for 86
136136 the use of state parks; amending ss. 258.0142, 318.18, 87
137137 318.21, 327.73, 379.203, 379.207, 279.208, 379.2201, 88
138138 379.3501, 379.3581, 379.363, 379.3712, 379.3751, 89
139139 379.401, 938.01, and 943.25, F.S.; conforming 90
140140 provisions to changes made by the act; amending s. 91
141141 790.06, F.S.; removing provisions relating to the 92
142142 collection of fees for licenses to carry concealed 93
143143 weapons or concealed firearms; amending s. 790.0625, 94
144144 F.S.; removing provisions relating to collection of 95
145145 fees by tax collector s for licenses to carry concealed 96
146146 weapons or concealed firearms; amending s. 790.065, 97
147147 F.S.; conforming provisions to changes made by the 98
148148 act; amending s. 212.11, F.S.; requiring certain 99
149149 taxpayers receive an automatic extension on the due 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 date for certain tax related duties; amending s. 101
163163 220.222, F.S.; requiring the Department of Revenue to 102
164164 extend the due date for certain tax returns for 103
165165 specified taxpayers; providing an effective date. 104
166166 105
167167 Be It Enacted by the Legislature of the State of Florida: 106
168168 107
169169 Section 1. Paragraph (a) of subsection (4) of section 108
170170 212.055, Florida Statutes, is amended to read: 109
171171 212.055 Discretionary sales surtaxes; legislative intent; 110
172172 authorization and use of proceeds. —It is the legislative intent 111
173173 that any authorization for impositio n of a discretionary sales 112
174174 surtax shall be published in the Florida Statutes as a 113
175175 subsection of this section, irrespective of the duration of the 114
176176 levy. Each enactment shall specify the types of counties 115
177177 authorized to levy; the rate or rates which may be im posed; the 116
178178 maximum length of time the surtax may be imposed, if any; the 117
179179 procedure which must be followed to secure voter approval, if 118
180180 required; the purpose for which the proceeds may be expended; 119
181181 and such other requirements as the Legislature may provide. 120
182182 Taxable transactions and administrative procedures shall be as 121
183183 provided in s. 212.054. 122
184184 (4) INDIGENT CARE AND TRAUMA CENTER SURTAX. — 123
185185 (a)1. The governing body in each county the government of 124
186186 which is not consolidated with that of one or more 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 municipalities, which has a population of at least 800,000 126
200200 residents and is not authorized to levy a surtax under 127
201201 subsection (5), may levy, pursuant to an ordinance either 128
202202 approved by an extraordinary vote of the governing body or 129
203203 conditioned to take effect only upo n approval by a majority vote 130
204204 of the electors of the county voting in a referendum, a 131
205205 discretionary sales surtax at a rate that may not exceed 0.5 132
206206 percent. 133
207207 2. If the ordinance is conditioned on a referendum, A 134
208208 statement that includes a brief and general description of the 135
209209 purposes to be funded by the surtax and that conforms to the 136
210210 requirements of s. 101.161 shall be placed on the ballot by the 137
211211 governing body of the county. The following questions shall be 138
212212 placed on the ballot: 139
213213 FOR THE. . . .CENTS TAX 140
214214 AGAINST THE. . . .CENTS TAX 141
215215 3. The ordinance adopted by the governing body providing 142
216216 for the imposition of the surtax shall set forth a plan for 143
217217 providing health care services to qualified residents, as 144
218218 defined in subparagraph 4. Such plan and subsequ ent amendments 145
219219 to it shall fund a broad range of health care services for both 146
220220 indigent persons and the medically poor, including, but not 147
221221 limited to, primary care and preventive care as well as hospital 148
222222 care. The plan must also address the services to be provided by 149
223223 the Level I trauma center. It shall emphasize a continuity of 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 care in the most cost -effective setting, taking into 151
237237 consideration both a high quality of care and geographic access. 152
238238 Where consistent with these objectives, it shall include, 153
239239 without limitation, services rendered by physicians, clinics, 154
240240 community hospitals, mental health centers, and alternative 155
241241 delivery sites, as well as at least one regional referral 156
242242 hospital where appropriate. It shall provide that agreements 157
243243 negotiated between th e county and providers, including hospitals 158
244244 with a Level I trauma center, will include reimbursement 159
245245 methodologies that take into account the cost of services 160
246246 rendered to eligible patients, recognize hospitals that render a 161
247247 disproportionate share of indige nt care, provide other 162
248248 incentives to promote the delivery of charity care, promote the 163
249249 advancement of technology in medical services, recognize the 164
250250 level of responsiveness to medical needs in trauma cases, and 165
251251 require cost containment including, but not li mited to, case 166
252252 management. It must also provide that any hospitals that are 167
253253 owned and operated by government entities on May 21, 1991, must, 168
254254 as a condition of receiving funds under this subsection, afford 169
255255 public access equal to that provided under s. 286.0 11 as to 170
256256 meetings of the governing board, the subject of which is 171
257257 budgeting resources for the rendition of charity care as that 172
258258 term is defined in the Florida Hospital Uniform Reporting System 173
259259 (FHURS) manual referenced in s. 408.07. The plan shall also 174
260260 include innovative health care programs that provide cost -175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 effective alternatives to traditional methods of service 176
274274 delivery and funding. 177
275275 4. For the purpose of this paragraph, the term "qualified 178
276276 resident" means residents of the authorizing county who are: 179
277277 a. Qualified as indigent persons as certified by the 180
278278 authorizing county; 181
279279 b. Certified by the authorizing county as meeting the 182
280280 definition of the medically poor, defined as persons having 183
281281 insufficient income, resources, and assets to provide the needed 184
282282 medical care without using resources required to meet basic 185
283283 needs for shelter, food, clothing, and personal expenses; or not 186
284284 being eligible for any other state or federal program, or having 187
285285 medical needs that are not covered by any such program; or 188
286286 having insufficient third-party insurance coverage. In all 189
287287 cases, the authorizing county is intended to serve as the payor 190
288288 of last resort; or 191
289289 c. Participating in innovative, cost -effective programs 192
290290 approved by the authorizing county. 193
291291 5. Moneys collected pursua nt to this paragraph remain the 194
292292 property of the state and shall be distributed by the Department 195
293293 of Revenue on a regular and periodic basis to the clerk of the 196
294294 circuit court as ex officio custodian of the funds of the 197
295295 authorizing county. The clerk of the c ircuit court shall: 198
296296 a. Maintain the moneys in an indigent health care trust 199
297297 fund; 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 b. Invest any funds held on deposit in the trust fund 201
311311 pursuant to general law; 202
312312 c. Disburse the funds, including any interest earned, to 203
313313 any provider of health care services, as provided in 204
314314 subparagraphs 3. and 4., upon directive from the authorizing 205
315315 county. However, if a county has a population of at least 206
316316 800,000 residents and has levied the surtax authorized in this 207
317317 paragraph, notwithstanding any directive from the authorizing 208
318318 county, on October 1 of each calendar year, the clerk of the 209
319319 court shall issue a check in the amount of $6.5 million to a 210
320320 hospital in its jurisdiction that has a Level I trauma center or 211
321321 shall issue a check in the amount of $3.5 million to a h ospital 212
322322 in its jurisdiction that has a Level I trauma center if that 213
323323 county enacts and implements a hospital lien law in accordance 214
324324 with chapter 98-499, Laws of Florida. The issuance of the checks 215
325325 on October 1 of each year is provided in recognition of the 216
326326 Level I trauma center status and shall be in addition to the 217
327327 base contract amount received during fiscal year 1999 -2000 and 218
328328 any additional amount negotiated to the base contract. If the 219
329329 hospital receiving funds for its Level I trauma center status 220
330330 requests such funds to be used to generate federal matching 221
331331 funds under Medicaid, the clerk of the court shall instead issue 222
332332 a check to the Agency for Health Care Administration to 223
333333 accomplish that purpose to the extent that it is allowed through 224
334334 the General Appropriations Act; and 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 d. Prepare on a biennial basis an audit of the trust fund 226
348348 specified in sub-subparagraph a. Commencing February 1, 2004, 227
349349 such audit shall be delivered to the governing body and to the 228
350350 chair of the legislative delegation of each authoriz ing county. 229
351351 6. Notwithstanding any other provision of this section, a 230
352352 county shall not levy local option sales surtaxes authorized in 231
353353 this paragraph and subsections (2) and (3) in excess of a 232
354354 combined rate of 1 percent. 233
355355 Section 2. Sections 319.32, 320.04, and 339.0801, Florida 234
356356 Statutes, are repealed. 235
357357 Section 3. Section 319.20, Florida Statutes, is amended to 236
358358 read: 237
359359 319.20 Application of law. — 238
360360 (1) Except as otherwise specifically provided, this 239
361361 chapter applies exclusively to motor vehicles and m obile homes 240
362362 required to be registered and licensed under the laws of this 241
363363 state and defined by such registration laws, including 242
364364 residential manufactured buildings placed on mobile home lots 243
365365 under s. 553.382. A residential manufactured building placed on 244
366366 a mobile home lot as provided in s. 553.382 shall be treated as 245
367367 a mobile home for purposes of this chapter. The provisions of 246
368368 This chapter does do not apply to any moped or to any trailer or 247
369369 semitrailer having a net weight of less than 2,000 pounds. All 248
370370 provisions of this chapter relating to title certificates also 249
371371 apply to any recreational vehicle -type unit and to any mobile 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 home classified and taxed as real property pursuant to s. 251
385385 320.0815(2),; and no title, lien, or other interest in such 252
386386 vehicle or mobile home shall be valid unless evidenced in 253
387387 accordance with this chapter. 254
388388 (2) Notwithstanding chapter 116, each county officer 255
389389 within this state authorized to collect funds provided for in 256
390390 this chapter shall pay all sums officially received by the 257
391391 officer into the State Treasury no later than 5 working days 258
392392 after the close of the business day in which the officer 259
393393 received the funds. Payment by county officers to the state 260
394394 shall be made by means of electronic funds transfer. 261
395395 Section 4. Subsection (1) of section 215.211, Florida 262
396396 Statutes, is amended to read: 263
397397 215.211 Service charge; elimination or reduction for 264
398398 specified proceeds.— 265
399399 (1) Notwithstanding the provisions of s. 215.20(1) and 266
400400 former s. 215.20(3), the service charge provided in s. 215.20(1) 267
401401 and former s. 215.20(3), which is deducted from the proceeds of 268
402402 the taxes distributed under ss. 206.606(1), 207.026, and 269
403403 212.0501(6), and 319.32(5), shall be eliminated beginning July 270
404404 1, 2000. 271
405405 Section 5. Subsection (6) of section 317.0007, Florida 272
406406 Statutes, is amended to read: 273
407407 317.0007 Application for and issuance of certificate of 274
408408 title.— 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 (6) In addition to a certificate of title, the department 276
422422 may issue a validation sticker to be placed on the off -highway 277
423423 vehicle as proof of the issuance of title re quired pursuant to 278
424424 s. 317.0006(1). A validation sticker that is lost or destroyed 279
425425 may, upon application, be replaced by the department or county 280
426426 tax collector. The department and county tax collector may 281
427427 charge and deposit the fees established in ss. 320.0 3(5) and, 282
428428 320.031, and 320.04 for all original and replacement decals. 283
429429 Section 6. Subsection (1) of section 319.23, Florida 284
430430 Statutes, is amended to read: 285
431431 319.23 Application for, and issuance of, certificate of 286
432432 title.— 287
433433 (1) Application for a certific ate of title shall be made 288
434434 upon a form prescribed by the department and, shall be filed 289
435435 with the department, and shall be accompanied by the fee 290
436436 prescribed in this chapter . If a certificate of title has 291
437437 previously been issued for a motor vehicle or mobile home in 292
438438 this state, the application for a certificate of title shall be 293
439439 accompanied by the certificate of title duly assigned, or 294
440440 assigned and reassigned, unless otherwise provided for in this 295
441441 chapter. If the motor vehicle or mobile home for which 296
442442 application for a certificate of title is made is a new motor 297
443443 vehicle or new mobile home for which one or more manufacturers' 298
444444 statements of origin are required by the provisions of s. 299
445445 319.21, the application for a certificate of title shall be 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 accompanied by all s uch manufacturers' statements of origin. 301
459459 Section 7. Paragraph (a) of subsection (5) and subsection 302
460460 (6) of section 319.24, Florida Statutes, are amended to read: 303
461461 319.24 Issuance in duplicate; delivery; liens and 304
462462 encumbrances.— 305
463463 (5)(a) Upon satisfacti on of any first lien, judgment lien, 306
464464 or encumbrance recorded at the department or upon lapse of a 307
465465 judgment lien, the owner of the motor vehicle or mobile home, as 308
466466 shown on the title certificate, or the person satisfying the 309
467467 lien is entitled to demand and r eceive from the lienholder a 310
468468 satisfaction of the lien. If the lienholder, upon satisfaction 311
469469 of the lien and upon demand, fails or refuses to furnish a 312
470470 satisfaction thereof within 30 days after demand, he or she 313
471471 shall be held liable for all costs, damages, and expenses, 314
472472 including reasonable attorney fees, lawfully incurred by the 315
473473 titled owner or person satisfying the lien in any suit brought 316
474474 in this state for cancellation of the lien. A motor vehicle 317
475475 dealer acquiring ownership of a motor vehicle with an 318
476476 outstanding purchase money lien , shall pay and satisfy the 319
477477 outstanding lien within 10 working days after of acquiring 320
478478 ownership. The lienholder receiving final payment as defined in 321
479479 s. 674.215 shall mail or otherwise deliver a lien satisfaction 322
480480 and the certificate of title indicating the satisfaction within 323
481481 10 working days after of receipt of such final payment or notify 324
482482 the person satisfying the lien that the title is not available 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 within 10 working days after of receipt of such final payment. 326
496496 If the lienholder is unable to provide the certificate of title 327
497497 and notifies the person of such, the lienholder shall provide a 328
498498 lien satisfaction and shall be responsible for the cost of a 329
499499 duplicate title, including fast title charges as provided in s. 330
500500 319.323, if applicable. The provisions of This paragraph does 331
501501 shall not apply to electronic transactions pursuant to 332
502502 subsection (9). 333
503503 (6) When the original certificate of title cannot be 334
504504 returned to the department by the lienholder and evidence 335
505505 satisfactory to the departmen t is produced that all liens or 336
506506 encumbrances have been satisfied, upon application by the owner 337
507507 for a duplicate copy of the certificate upon the form prescribed 338
508508 by the department, accompanied by the fee prescribed in this 339
509509 chapter, a duplicate copy of the c ertificate of title, without 340
510510 statement of liens or encumbrances, shall be issued by the 341
511511 department and delivered to the owner. 342
512512 Section 8. Paragraph (a) of subsection (4) of section 343
513513 319.27, Florida Statutes, is amended to read: 344
514514 319.27 Notice of lien o n motor vehicles or mobile homes; 345
515515 notation on certificate; recording of lien. — 346
516516 (4)(a) Notwithstanding the provisions of subsection (2), 347
517517 any person holding a lien for purchase money or as security for 348
518518 a debt in the form of a security agreement, retain tit le 349
519519 contract, conditional bill of sale, chattel mortgage, or other 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 similar instrument covering a motor vehicle or mobile home 351
533533 previously titled or registered outside this state upon which no 352
534534 Florida certificate of title has been issued may use the 353
535535 facilities of the department for the recording of such lien as 354
536536 constructive notice of such lien to creditors and purchasers of 355
537537 such motor vehicle or mobile home in this state , provided such 356
538538 lienholder files a sworn notice of such lien in the department , 357
539539 showing the following information: 358
540540 1. The date of the lien; 359
541541 2. The name and address of the registered owner; 360
542542 3. A description of the motor vehicle or mobile home, 361
543543 showing the make, type, and vehicle identification number; and 362
544544 4. The name and addre ss of the lienholder. 363
545545 364
546546 Upon the filing of such notice of lien and the payment of the 365
547547 fee provided in s. 319.32 , the lien shall be recorded in the 366
548548 department. 367
549549 Section 9. Paragraph (a) of subsection (1) and paragraph 368
550550 (b) of subsection (2) of section 319.28, Florida Statutes, are 369
551551 amended to read: 370
552552 319.28 Transfer of ownership by operation of law. — 371
553553 (1)(a) In the event of the transfer of ownership of a 372
554554 motor vehicle or mobile home by operation of law as upon 373
555555 inheritance, devise or bequest, order in ba nkruptcy, insolvency, 374
556556 replevin, attachment, execution, or other judicial sale or 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 whenever the engine of a motor vehicle is replaced by another 376
570570 engine or whenever a motor vehicle is sold to satisfy storage or 377
571571 repair charges or repossession is had upon defau lt in 378
572572 performance of the terms of a security agreement, chattel 379
573573 mortgage, conditional sales contract, trust receipt, or other 380
574574 like agreement, and upon the surrender of the prior certificate 381
575575 of title or, when that is not possible, presentation of 382
576576 satisfactory proof to the department of ownership and right of 383
577577 possession to such motor vehicle or mobile home, and upon 384
578578 payment of the fee prescribed by law and presentation of an 385
579579 application for certificate of title, the department may issue 386
580580 to the applicant a cer tificate of title thereto. 387
581581 (2) 388
582582 (b) In case of repossession of a motor vehicle or mobile 389
583583 home pursuant to the terms of a security agreement or similar 390
584584 instrument, an affidavit by the party to whom possession has 391
585585 passed stating that the vehicle or mobile home was repossessed 392
586586 upon default in the terms of the security agreement or other 393
587587 instrument shall be considered satisfactory proof of ownership 394
588588 and right of possession. At least 5 days before prior to selling 395
589589 the repossessed vehicle, any subsequent lienho lder named in the 396
590590 last issued certificate of title shall be sent notice of the 397
591591 repossession by certified mail, on a form prescribed by the 398
592592 department. If such notice is given and no written protest to 399
593593 the department is presented by a subsequent lienholder within 15 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 days after the date on which the notice was mailed, the 401
607607 certificate of title shall be issued showing no liens. If the 402
608608 former owner or any subsequent lienholder files a written 403
609609 protest under oath within such 15 -day period, the department 404
610610 shall not issue the certificate of title for 10 days thereafter. 405
611611 If within the 10-day period no injunction or other order of a 406
612612 court of competent jurisdiction has been served on the 407
613613 department commanding it not to deliver the certificate of 408
614614 title, the department sh all deliver the certificate of title to 409
615615 the applicant or as may otherwise be directed in the application 410
616616 showing no other liens than those shown in the application. Any 411
617617 lienholder who has repossessed a vehicle in this state in 412
618618 compliance with the provisions of this section must apply to a 413
619619 tax collector's office in this state or to the department for a 414
620620 certificate of title pursuant to s. 319.323. Proof of the 415
621621 required notice to subsequent lienholders shall be submitted 416
622622 together with regular title fees . Any person found guilty of 417
623623 violating any requirements of this paragraph is shall be guilty 418
624624 of a felony of the third degree, punishable as provided in s. 419
625625 775.082, s. 775.083, or s. 775.084. 420
626626 Section 10. Subsections (1) and (3) of section 319.29, 421
627627 Florida Statutes, are amended to read: 422
628628 319.29 Lost or destroyed certificates. — 423
629629 (1) If a certificate of title is lost or destroyed, 424
630630 application for a duplicate copy thereof shall be made to the 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 department by the owner of the motor vehicle or mobile home or 426
644644 the holder of a lien thereon upon a form prescribed by the 427
645645 department and accompanied by the fee prescribed in this 428
646646 chapter. The application shall be signed and sworn to by the 429
647647 applicant. Thereupon the department shall issue a duplicate copy 430
648648 of the certificate of t itle to the person entitled to receive 431
649649 the certificate of title under the provisions of this chapter. 432
650650 The duplicate copy and all subsequent certificates of title 433
651651 issued in the chain of title originated by such duplicate copy 434
652652 shall be plainly marked across their faces "duplicate copy," and 435
653653 any subsequent purchaser of the motor vehicle or mobile home in 436
654654 the chain of title originating through such duplicate copy shall 437
655655 acquire only such rights in the motor vehicle or mobile home as 438
656656 the original holder of the du plicate copy himself or herself 439
657657 had. 440
658658 (3) If, following the issuance of an original, duplicate, 441
659659 or corrected certificate of title by the department, the 442
660660 certificate is lost in transit and is not delivered to the 443
661661 addressee, the owner of the motor vehicle o r mobile home, or the 444
662662 holder of a lien thereon, may, within 180 days after of the date 445
663663 of issuance of the title, apply to the department for reissuance 446
664664 of the certificate of title. No additional fee shall be charged 447
665665 for reissuance under this subsection. 448
666666 Section 11. Section 319.323, Florida Statutes, is amended 449
667667 to read: 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 319.323 Expedited service; applications; fees. —The 451
681681 department shall establish a separate title office which may be 452
682682 used by private citizens and licensed motor vehicle dealers to 453
683683 receive expedited service on title transfers, title issuances, 454
684684 duplicate titles, and recordation of liens. A fee of $10 shall 455
685685 be charged for this service , which fee is in addition to the 456
686686 fees imposed by s. 319.32 . The fee, after deducting the amount 457
687687 referenced by s. 319.324 and $3.50 to be retained by the 458
688688 processing agency, shall be deposited into the General Revenue 459
689689 Fund. Application for expedited service may be made by mail or 460
690690 in person. The department shall issue each title applied for 461
691691 under this section within 5 working days after receipt of the 462
692692 application except for an application for a duplicate title 463
693693 certificate covered by s. 319.23(4), in which case the title 464
694694 must be issued within 5 working days after compliance with the 465
695695 department's verification requireme nts. 466
696696 Section 12. Subsection (1) of section 319.324, Florida 467
697697 Statutes, is amended to read: 468
698698 319.324 Odometer fraud prevention and detection; funding. — 469
699699 (1) Moneys received by the department pursuant to s. 470
700700 319.32(1) in the amount of $1 for each origina l certificate of 471
701701 title, each duplicate copy of a certificate of title, and each 472
702702 assignment by a lienholder shall be deposited into the Highway 473
703703 Safety Operating Trust Fund. There shall also be deposited into 474
704704 the fund moneys received by the department pursua nt to s. 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 319.323 in the amount of $5 for each expedited service performed 476
718718 by the department for which a fee is assessed shall be deposited 477
719719 into the Highway Safety Operating Trust Fund . 478
720720 Section 13. Paragraph (i) of subsection (8) of section 479
721721 319.30, Florida Statutes, is amended to read: 480
722722 319.30 Definitions; dismantling, destruction, change of 481
723723 identity of motor vehicle or mobile home; salvage. — 482
724724 (8) 483
725725 (i) The department shall charge a fee of $3 for each 484
726726 derelict motor vehicle certificate delivered to the department 485
727727 or one of its agents for processing and shall mark the title 486
728728 record canceled. A service charge may be collected under s. 487
729729 320.04. 488
730730 Section 14. Subsection (2) of section 320.031, Florida 489
731731 Statutes, is amended to read: 490
732732 320.031 Mailing of regist ration certificates, license 491
733733 plates, and validation stickers. — 492
734734 (2) A mail service charge may be collected for each 493
735735 registration certificate, license plate, mobile home sticker, 494
736736 and validation sticker mailed by the department or any tax 495
737737 collector. Each registration certificate, license plate, mobile 496
738738 home sticker, and validation sticker shall be mailed by first -497
739739 class mail unless otherwise requested by the applicant. The 498
740740 amount of the mail service charge shall be the actual postage 499
741741 required, rounded to the n earest 5 cents, plus a 25 -cent 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 handling charge. The mail service charge is in addition to the 501
755755 service charge provided by s. 320.04. All charges collected by 502
756756 the department under this section shall be deposited into the 503
757757 Highway Safety Operating Trust Fund. 504
758758 Section 15. Paragraph (a) of subsection (3) of section 505
759759 320.0715, Florida Statutes, is amended to read: 506
760760 320.0715 International Registration Plan; motor carrier 507
761761 services; permits; retention of records. — 508
762762 (3)(a) If the department is unable to immediate ly issue 509
763763 the apportioned license plate to an applicant currently 510
764764 registered in this state under the International Registration 511
765765 Plan or to a vehicle currently titled in this state, the 512
766766 department or its designated agent may issue a 60 -day temporary 513
767767 operational permit. The department or agent of the department 514
768768 shall charge a $3 fee and the service charge authorized by s. 515
769769 320.04 for each temporary operational permit it issues. 516
770770 Section 16. Paragraph (a) of subsection (2) of section 517
771771 320.08053, Florida Statut es, is amended to read: 518
772772 320.08053 Establishment of specialty license plates. — 519
773773 (2)(a) Within 120 days after the specialty license plate 520
774774 becomes law, the department shall establish a method to issue a 521
775775 specialty license plate voucher to allow for the pres ale of the 522
776776 specialty license plate. The processing fee as prescribed in s. 523
777777 320.08056, the service charge and branch fee as prescribed in s. 524
778778 320.04, and the annual use fee as prescribed in s. 320.08056 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 shall be charged for the voucher. All other applicable fees 526
792792 shall be charged at the time of issuance of the license plates. 527
793793 Section 17. Subsection (4) of section 320.0807, Florida 528
794794 Statutes, is amended to read: 529
795795 320.0807 Special license plates for Governor and federal 530
796796 and state legislators. — 531
797797 (4) License plates purchased under subsection (1), 532
798798 subsection (2), or subsection (3) shall be replaced by the 533
799799 department at no cost, other than the fees required under s. 534
800800 320.06(3)(b) ss. 320.04 and 320.06(3)(b) , when the person to 535
801801 whom the plates have be en issued leaves the elective office with 536
802802 respect to which the license plates were issued. Within 30 days 537
803803 after leaving office, the person to whom the license plates have 538
804804 been issued must apply to the department for a replacement 539
805805 license plate. The person may return the prestige license plates 540
806806 to the department or retain the plates as souvenirs. Upon 541
807807 receipt of the replacement license plate, the person may not 542
808808 display on any vehicle the prestige license plate or plates 543
809809 issued with respect to his or her form er office. 544
810810 Section 18. Paragraph (b) of subsection (4) of section 545
811811 320.084, Florida Statutes, is amended to read: 546
812812 320.084 Free motor vehicle license plate to certain 547
813813 disabled veterans.— 548
814814 (4) 549
815815 (b) There shall be a service charge in accordance with the 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 provisions of s. 320.04 for each initial application or renewal 551
829829 of registration and an additional sum of 50 cents on each 552
830830 license plate and validation sticker as provided in s. 553
831831 320.06(3)(b). 554
832832 Section 19. Subsection (2) of section 320.131, Florida 555
833833 Statutes, is amended to read: 556
834834 320.131 Temporary tags. — 557
835835 (2) The department is authorized to sell temporary tags, 558
836836 in addition to those listed above, to their agents and where 559
837837 need is demonstrated by a consumer complainant. The fee shall be 560
838838 $2 each. One dollar from each tag sold shall be deposited into 561
839839 the Brain and Spinal Cord Injury Program Trust Fund, with the 562
840840 remaining proceeds being deposited into the Highway Safety 563
841841 Operating Trust Fund. Agents of the department shall sell 564
842842 temporary tags for $2 each and shall charge the service charge 565
843843 authorized by s. 320.04 per transaction, regardless of the 566
844844 quantity sold. Requests for purchase of temporary tags to the 567
845845 department or its agents shall be made, where applicable, on 568
846846 letterhead stationery and notarized. Except as specifically 569
847847 provided otherwise, a temporary tag shall be valid for 30 days, 570
848848 and no more than two shall be issued to the same person for the 571
849849 same vehicle. 572
850850 Section 20. Section 320.1325, Florida Statutes, is amended 573
851851 to read: 574
852852 320.1325 Registration re quired for the temporarily 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 employed.—Motor vehicles owned or leased by persons who are 576
866866 temporarily employed within the state but are not residents are 577
867867 required to be registered. Upon payment of the fees prescribed 578
868868 in this section and proof of insurance cov erage as required by 579
869869 the applicant's resident state, the department shall provide a 580
870870 temporary registration plate and a registration certificate 581
871871 valid for 90 days to an applicant who is temporarily employed in 582
872872 this state. The temporary registration plate ma y be renewed one 583
873873 time for an additional 90 -day period. At the end of the 180 -day 584
874874 period of temporary registration, the applicant shall apply for 585
875875 a permanent registration if there is a further need to remain in 586
876876 this state. A temporary license registration p late may not be 587
877877 issued for any commercial motor vehicle as defined in s. 320.01. 588
878878 The fee for the 90-day temporary registration plate shall be $40 589
879879 plus the applicable service charge required by s. 320.04 . 590
880880 Subsequent permanent registration and titling of a v ehicle 591
881881 registered hereunder shall subject the applicant to providing 592
882882 proof of Florida insurance coverage as specified in s. 320.02 593
883883 and payment of the fees required by s. 320.072, in addition to 594
884884 all other taxes and fees required. 595
885885 Section 21. Paragraph ( a) of subsection (2) of section 596
886886 379.209, Florida Statutes, is amended to read: 597
887887 379.209 Nongame Wildlife Trust Fund. — 598
888888 (2)(a) There is established within the Fish and Wildlife 599
889889 Conservation Commission the Nongame Wildlife Trust Fund. The 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 fund shall be credited with moneys collected pursuant to s. 601
903903 320.02(8) ss. 319.32(3) and 320.02(8) . Additional funds may be 602
904904 provided from legislative appropriations and by donations from 603
905905 interested individuals and organizations. The commission may 604
906906 invest and reinvest the fu nds and the interest thereof of the 605
907907 Nongame Wildlife Trust Fund. The commission shall designate an 606
908908 identifiable unit to administer the trust fund. 607
909909 Section 22. Sections 320.08, 320.08001, 320.08015, 608
910910 320.0802, 320.0804, 320.08046, 320.08047, 320.081, 320 .10, 609
911911 320.14, 320.15, 320.20, 320.405, and 339.0803, Florida Statutes, 610
912912 are repealed. 611
913913 Section 23. Subsections (2) and (4) of section 193.075, 612
914914 Florida Statutes, are amended to read: 613
915915 193.075 Mobile homes and recreational vehicles. — 614
916916 (2) A mobile home th at is not taxed as real property must 615
917917 shall have a current license plate properly affixed as provided 616
918918 in s. 320.08(11). Any such mobile home without a current license 617
919919 plate properly affixed is shall be presumed to be tangible 618
920920 personal property. 619
921921 (4) A recreational vehicle that is not taxed as real 620
922922 property must have a current license plate properly affixed as 621
923923 provided in s. 320.08(9) . Any such recreational vehicle without 622
924924 a current license plate properly affixed is presumed to be 623
925925 tangible personal property. 624
926926 Section 24. Paragraph (a) of subsection (1) of section 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 212.05, Florida Statutes, is amended to read: 626
940940 212.05 Sales, storage, use tax. —It is hereby declared to 627
941941 be the legislative intent that every person is exercising a 628
942942 taxable privilege wh o engages in the business of selling 629
943943 tangible personal property at retail in this state, including 630
944944 the business of making or facilitating remote sales; who rents 631
945945 or furnishes any of the things or services taxable under this 632
946946 chapter; or who stores for use o r consumption in this state any 633
947947 item or article of tangible personal property as defined herein 634
948948 and who leases or rents such property within the state. 635
949949 (1) For the exercise of such privilege, a tax is levied on 636
950950 each taxable transaction or incident, which tax is due and 637
951951 payable as follows: 638
952952 (a)1.a. At the rate of 6 percent of the sales price of 639
953953 each item or article of tangible personal property when sold at 640
954954 retail in this state, computed on each taxable sale for the 641
955955 purpose of remitting the amount of tax due the state, and 642
956956 including each and every retail sale. 643
957957 b. Each occasional or isolated sale of an aircraft, boat, 644
958958 mobile home, or motor vehicle of a class or type which is 645
959959 required to be registered, licensed, titled, or documented in 646
960960 this state or by the United States Government shall be subject 647
961961 to tax at the rate provided in this paragraph. The department 648
962962 shall by rule adopt any nationally recognized publication for 649
963963 valuation of used motor vehicles as the reference price list for 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 any used motor vehicle which is required to be licensed pursuant 651
977977 to former s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9) , 652
978978 Florida Statutes 2023 . If any party to an occasional or isolated 653
979979 sale of such a vehicle reports to the tax collector a sales 654
980980 price which is less than 8 0 percent of the average loan price 655
981981 for the specified model and year of such vehicle as listed in 656
982982 the most recent reference price list, the tax levied under this 657
983983 paragraph shall be computed by the department on such average 658
984984 loan price unless the parties to the sale have provided to the 659
985985 tax collector an affidavit signed by each party, or other 660
986986 substantial proof, stating the actual sales price. Any party to 661
987987 such sale who reports a sales price less than the actual sales 662
988988 price commits is guilty of a misdemeanor of the first degree, 663
989989 punishable as provided in s. 775.082 or s. 775.083. The 664
990990 department shall collect or attempt to collect from such party 665
991991 any delinquent sales taxes. In addition, such party shall pay 666
992992 any tax due and any penalty and interest assessed plu s a penalty 667
993993 equal to twice the amount of the additional tax owed. 668
994994 Notwithstanding any other provision of law, the Department of 669
995995 Revenue may waive or compromise any penalty imposed pursuant to 670
996996 this subparagraph. 671
997997 2. This paragraph does not apply to the sal e of a boat or 672
998998 aircraft by or through a registered dealer under this chapter to 673
999999 a purchaser who, at the time of taking delivery, is a 674
10001000 nonresident of this state, does not make his or her permanent 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 place of abode in this state, and is not engaged in carrying on 676
10141014 in this state any employment, trade, business, or profession in 677
10151015 which the boat or aircraft will be used in this state, or is a 678
10161016 corporation none of the officers or directors of which is a 679
10171017 resident of, or makes his or her permanent place of abode in, 680
10181018 this state, or is a noncorporate entity that has no individual 681
10191019 vested with authority to participate in the management, 682
10201020 direction, or control of the entity's affairs who is a resident 683
10211021 of, or makes his or her permanent abode in, this state. For 684
10221022 purposes of this exemption, either a registered dealer acting on 685
10231023 his or her own behalf as seller, a registered dealer acting as 686
10241024 broker on behalf of a seller, or a registered dealer acting as 687
10251025 broker on behalf of the purchaser may be deemed to be the 688
10261026 selling dealer. This ex emption shall not be allowed unless: 689
10271027 a. The purchaser removes a qualifying boat, as described 690
10281028 in sub-subparagraph f., from the state within 90 days after the 691
10291029 date of purchase or extension, or the purchaser removes a 692
10301030 nonqualifying boat or an aircraft from this state within 10 days 693
10311031 after the date of purchase or, when the boat or aircraft is 694
10321032 repaired or altered, within 20 days after completion of the 695
10331033 repairs or alterations; or if the aircraft will be registered in 696
10341034 a foreign jurisdiction and: 697
10351035 (I) Application for the aircraft's registration is 698
10361036 properly filed with a civil airworthiness authority of a foreign 699
10371037 jurisdiction within 10 days after the date of purchase; 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 (II) The purchaser removes the aircraft from the state to 701
10511051 a foreign jurisdiction within 10 days after the date the 702
10521052 aircraft is registered by the applicable foreign airworthiness 703
10531053 authority; and 704
10541054 (III) The aircraft is operated in the state solely to 705
10551055 remove it from the state to a foreign jurisdiction. 706
10561056 707
10571057 For purposes of this sub -subparagraph, the term "foreign 708
10581058 jurisdiction" means any jurisdiction outside of the United 709
10591059 States or any of its territories; 710
10601060 b. The purchaser, within 90 days from the date of 711
10611061 departure, provides the department with written proof that the 712
10621062 purchaser licensed, registered, titled, or documented the boat 713
10631063 or aircraft outside the state. If such written proof is 714
10641064 unavailable, within 90 days the purchaser shall provide proof 715
10651065 that the purchaser applied for such license, title, 716
10661066 registration, or documentation. The purchaser shall forward to 717
10671067 the department proof of title, license, registration, or 718
10681068 documentation upon receipt; 719
10691069 c. The purchaser, within 30 days after removing the boat 720
10701070 or aircraft from Florida, furnishes the department with proof of 721
10711071 removal in the form of receipts for fuel, dock age, slippage, 722
10721072 tie-down, or hangaring from outside of Florida. The information 723
10731073 so provided must clearly and specifically identify the boat or 724
10741074 aircraft; 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 d. The selling dealer, within 30 days after the date of 726
10881088 sale, provides to the department a copy of the sales invoice, 727
10891089 closing statement, bills of sale, and the original affidavit 728
10901090 signed by the purchaser attesting that he or she has read the 729
10911091 provisions of this section; 730
10921092 e. The seller makes a copy of the affidavit a part of his 731
10931093 or her record for as long as required by s. 213.35; and 732
10941094 f. Unless the nonresident purchaser of a boat of 5 net 733
10951095 tons of admeasurement or larger intends to remove the boat from 734
10961096 this state within 10 days after the date of purchase or when the 735
10971097 boat is repaired or altered, within 20 days after completion of 736
10981098 the repairs or alterations, the nonresident purchaser applies to 737
10991099 the selling dealer for a decal which authorizes 90 days after 738
11001100 the date of purchase for removal of the boat. The nonresident 739
11011101 purchaser of a qualifying boat may apply to th e selling dealer 740
11021102 within 60 days after the date of purchase for an extension decal 741
11031103 that authorizes the boat to remain in this state for an 742
11041104 additional 90 days, but not more than a total of 180 days, 743
11051105 before the nonresident purchaser is required to pay the tax 744
11061106 imposed by this chapter. The department is authorized to issue 745
11071107 decals in advance to dealers. The number of decals issued in 746
11081108 advance to a dealer shall be consistent with the volume of the 747
11091109 dealer's past sales of boats which qualify under this sub -748
11101110 subparagraph. The selling dealer or his or her agent shall mark 749
11111111 and affix the decals to qualifying boats in the manner 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 prescribed by the department, before delivery of the boat. 751
11251125 (I) The department is hereby authorized to charge dealers 752
11261126 a fee sufficient to recover the costs of decals issued, except 753
11271127 the extension decal shall cost $425. 754
11281128 (II) The proceeds from the sale of decals will be 755
11291129 deposited into the administrative trust fund. 756
11301130 (III) Decals shall display information to identify the 757
11311131 boat as a qualifying boat und er this sub-subparagraph, 758
11321132 including, but not limited to, the decal's date of expiration. 759
11331133 (IV) The department is authorized to require dealers who 760
11341134 purchase decals to file reports with the department and may 761
11351135 prescribe all necessary records by rule. All suc h records are 762
11361136 subject to inspection by the department. 763
11371137 (V) Any dealer or his or her agent who issues a decal 764
11381138 falsely, fails to affix a decal, mismarks the expiration date of 765
11391139 a decal, or fails to properly account for decals will be 766
11401140 considered prima facie to have committed a fraudulent act to 767
11411141 evade the tax and will be liable for payment of the tax plus a 768
11421142 mandatory penalty of 200 percent of the tax, and shall be liable 769
11431143 for fine and punishment as provided by law for a conviction of a 770
11441144 misdemeanor of the first degree, as provided in s. 775.082 or s. 771
11451145 775.083. 772
11461146 (VI) Any nonresident purchaser of a boat who removes a 773
11471147 decal before permanently removing the boat from the state, or 774
11481148 defaces, changes, modifies, or alters a decal in a manner 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 affecting its expiration date before its expiration, or who 776
11621162 causes or allows the same to be done by another, will be 777
11631163 considered prima facie to have committed a fraudulent act to 778
11641164 evade the tax and will be liable for payment of the tax plus a 779
11651165 mandatory penalty of 200 percent of the tax, and shall be liable 780
11661166 for fine and punishment as provided by law for a conviction of a 781
11671167 misdemeanor of the first degree, as provided in s. 775.082 or s. 782
11681168 775.083. 783
11691169 (VII) The department is authorized to adopt rules 784
11701170 necessary to administer and enforce this subp aragraph and to 785
11711171 publish the necessary forms and instructions. 786
11721172 (VIII) The department is hereby authorized to adopt 787
11731173 emergency rules pursuant to s. 120.54(4) to administer and 788
11741174 enforce the provisions of this subparagraph. 789
11751175 790
11761176 If the purchaser fails to remove th e qualifying boat from this 791
11771177 state within the maximum 180 days after purchase or a 792
11781178 nonqualifying boat or an aircraft from this state within 10 days 793
11791179 after purchase or, when the boat or aircraft is repaired or 794
11801180 altered, within 20 days after completion of such repairs or 795
11811181 alterations, or permits the boat or aircraft to return to this 796
11821182 state within 6 months from the date of departure, except as 797
11831183 provided in s. 212.08(7)(fff), or if the purchaser fails to 798
11841184 furnish the department with any of the documentation required by 799
11851185 this subparagraph within the prescribed time period, the 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 purchaser shall be liable for use tax on the cost price of the 801
11991199 boat or aircraft and, in addition thereto, payment of a penalty 802
12001200 to the Department of Revenue equal to the tax payable. This 803
12011201 penalty shall be in lieu of the penalty imposed by s. 212.12(2). 804
12021202 The maximum 180-day period following the sale of a qualifying 805
12031203 boat tax-exempt to a nonresident may not be tolled for any 806
12041204 reason. 807
12051205 Section 25. Subsections (3) and (4) of section 212.0601, 808
12061206 Florida Statutes, are renumbered as subsections (2) and (3), 809
12071207 respectively, and present subsections (1) and (2) of that 810
12081208 section are amended to read: 811
12091209 212.0601 Use taxes of vehicle dealers. — 812
12101210 (1) Each motor vehicle dealer who is required by s. 813
12111211 320.08(12) to purchase one or more dealer license plates shall 814
12121212 pay an annual use tax of $27 for each dealer license plate 815
12131213 purchased under that subsection, in addition to the license tax 816
12141214 imposed by that subsection. The use tax shall be for the year 817
12151215 for which the dealer license p late was purchased. 818
12161216 (1)(2) There shall be no additional tax imposed by this 819
12171217 chapter for the use of a dealer license plate for which, after 820
12181218 July 1, 1987, a dealer use tax has been paid under this section. 821
12191219 This exemption shall apply to the time period befo re the sale or 822
12201220 any other disposition of the vehicle throughout the year for 823
12211221 which the dealer license plate required by s. 320.08(12) is 824
12221222 purchased. 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 Section 26. Paragraph (q) of subsection (1) of section 826
12361236 215.22, Florida Statutes, is amended to read: 827
12371237 215.22 Certain income and certain trust funds exempt. — 828
12381238 (1) The following income of a revenue nature or the 829
12391239 following trust funds shall be exempt from the appropriation 830
12401240 required by s. 215.20(1): 831
12411241 (q) That portion of the Highway Safety Operating Trust 832
12421242 Fund funded by the motorcycle safety education fee collected 833
12431243 pursuant to s. 320.08(1)(c). 834
12441244 Section 27. Subsection (1) of section 215.615, Florida 835
12451245 Statutes, is amended to read: 836
12461246 215.615 Fixed-guideway transportation systems funding. — 837
12471247 (1) The issuance of re venue bonds by the Division of Bond 838
12481248 Finance, on behalf of the Department of Transportation, pursuant 839
12491249 to s. 11, Art. VII of the State Constitution, is authorized, 840
12501250 pursuant to the State Bond Act, to finance or refinance fixed 841
12511251 capital expenditures for fixed -guideway transportation systems, 842
12521252 as defined in s. 341.031, including facilities appurtenant 843
12531253 thereto, costs of issuance, and other amounts relating to such 844
12541254 financing or refinancing. The Division of Bond Finance is 845
12551255 authorized to consider innovative financing techniques that may 846
12561256 include, but are not limited to, innovative bidding and 847
12571257 structures of potential financings that may result in negotiated 848
12581258 transactions. The following conditions apply to the issuance of 849
12591259 revenue bonds for fixed -guideway transportation sys tems: 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 (a) The department and any participating commuter rail 851
12731273 authority or regional transportation authority established under 852
12741274 chapter 343, local governments, or local governments 853
12751275 collectively by interlocal agreement having jurisdiction of a 854
12761276 fixed-guideway transportation system may enter into an 855
12771277 interlocal agreement to promote the efficient and cost -effective 856
12781278 financing or refinancing of fixed -guideway transportation system 857
12791279 projects by revenue bonds issued pursuant to this subsection. 858
12801280 The terms of such interlocal agreements shall include provisions 859
12811281 for the Department of Transportation to request the issuance of 860
12821282 the bonds on behalf of the parties; shall provide that after 861
12831283 reimbursement pursuant to interlocal agreement, the department's 862
12841284 share may be up to 50 percent of the eligible project cost, 863
12851285 which may include a share of annual debt service requirements of 864
12861286 such bonds; and shall include any other terms, provisions, or 865
12871287 covenants necessary to the making of and full performance under 866
12881288 such interlocal agreement. Repayments made to the department 867
12891289 under any interlocal agreement are not pledged to the repayment 868
12901290 of bonds issued hereunder, and failure of the local governmental 869
12911291 authority to make such payment shall not affect the obligation 870
12921292 of the department to pay debt service on the bonds. 871
12931293 (b) Revenue bonds issued pursuant to this subsection shall 872
12941294 not constitute a general obligation of, or a pledge of the full 873
12951295 faith and credit of, the State of Florida. Bonds issued pursuant 874
12961296 to this section shall be payable from funds available pursuant 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 to s. 206.46(3), or other funds available to the project, 876
13101310 subject to annual appropriation. The amount of revenues 877
13111311 available for debt service shall never exceed a maximum of 2 878
13121312 percent of all state revenues deposited into the S tate 879
13131313 Transportation Trust Fund. 880
13141314 (c) The projects to be financed or refinanced with the 881
13151315 proceeds of the revenue bonds issued hereunder are designated as 882
13161316 state fixed capital outlay projects for purposes of s. 11(d), 883
13171317 Art. VII of the State Constitution, and the specific projects to 884
13181318 be financed or refinanced shall be determined by the Department 885
13191319 of Transportation in accordance with state law and 886
13201320 appropriations from the State Transportation Trust Fund. Each 887
13211321 project to be financed with the proceeds of the bonds issued 888
13221322 pursuant to this subsection must first be approved by the 889
13231323 Legislature by an act of general law. 890
13241324 (d) Any complaint for validation of bonds issued pursuant 891
13251325 to this section shall be filed in the circuit court of the 892
13261326 county where the seat of state gov ernment is situated, the 893
13271327 notice required to be published by s. 75.06 shall be published 894
13281328 only in the county where the complaint is filed, and the 895
13291329 complaint and order of the circuit court shall be served only on 896
13301330 the state attorney of the circuit in which the action is 897
13311331 pending. 898
13321332 (e) The state does hereby covenant with holders of such 899
13331333 revenue bonds or other instruments of indebtedness issued 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 hereunder that it will not repeal or impair or amend these 901
13471347 provisions in any manner that will materially and adversely 902
13481348 affect the rights of such holders as long as bonds authorized by 903
13491349 this subsection are outstanding. 904
13501350 (f) This subsection supersedes any inconsistent provisions 905
13511351 in existing law. 906
13521352 907
13531353 Notwithstanding this subsection, the lien of revenue bonds 908
13541354 issued pursuant to th is subsection on moneys deposited into the 909
13551355 State Transportation Trust Fund shall be subordinate to the lien 910
13561356 on such moneys of bonds issued under ss. 215.605 , 320.20, and 911
13571357 215.616, and any pledge of such moneys to pay operating and 912
13581358 maintenance expenses under s. 206.46(5) and chapter 348, as may 913
13591359 be amended. 914
13601360 Section 28. Paragraph (b) of subsection (3) of section 915
13611361 282.709, Florida Statutes, is amended to read: 916
13621362 282.709 State agency law enforcement radio system and 917
13631363 interoperability network. — 918
13641364 (3) In recognition of the critical nature of the statewide 919
13651365 law enforcement radio communications system, the Legislature 920
13661366 finds that there is an immediate danger to the public health, 921
13671367 safety, and welfare, and that it is in the best interest of the 922
13681368 state to continue partner ing with the system's current operator. 923
13691369 The Legislature finds that continuity of coverage is critical to 924
13701370 supporting law enforcement, first responders, and other public 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 safety users. The potential for a loss in coverage or a lack of 926
13841384 interoperability between users requires emergency action and is 927
13851385 a serious concern for officers' safety and their ability to 928
13861386 communicate and respond to various disasters and events. 929
13871387 (b) The State Agency Law Enforcement Radio System Trust 930
13881388 Fund is established in the department and funded from surcharges 931
13891389 collected under ss. 318.18 , 320.0802, and 328.72. Upon 932
13901390 appropriation, moneys in the trust fund may be used by the 933
13911391 department to acquire the equipment, software, and engineering, 934
13921392 administrative, and maintenance services it needs to c onstruct, 935
13931393 operate, and maintain the statewide radio system. Moneys in the 936
13941394 trust fund from surcharges shall be used to help fund the costs 937
13951395 of the system. Upon completion of the system, moneys in the 938
13961396 trust fund may also be used by the department for payment of the 939
13971397 recurring maintenance costs of the system. 940
13981398 Section 29. Subsection (5) of section 311.07, Florida 941
13991399 Statutes, is amended to read: 942
14001400 311.07 Florida seaport transportation and economic 943
14011401 development funding. — 944
14021402 (5) The Department of Transportation may subject any 945
14031403 project that receives funds pursuant to this section and s. 946
14041404 320.20 to a final audit. The department may perform such other 947
14051405 acts as are necessary or convenient to ensure that the final 948
14061406 audits are conducted and that any deficiency or questioned c osts 949
14071407 noted by the audit are resolved. 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 Section 30. Subsection (4) of section 311.09, Florida 951
14211421 Statutes, is amended to read: 952
14221422 311.09 Florida Seaport Transportation and Economic 953
14231423 Development Council. — 954
14241424 (4) The council shall adopt rules for evaluating proj ects 955
14251425 which may be funded under s. 311.07 ss. 311.07 and 320.20 . The 956
14261426 rules shall provide criteria for evaluating the potential 957
14271427 project, including, but not limited to, such factors as 958
14281428 consistency with appropriate plans, economic benefit, readiness 959
14291429 for construction, noncompetition with other Florida ports, and 960
14301430 capacity within the seaport system. 961
14311431 Section 31. Subsection (2) of section 316.251, Florida 962
14321432 Statutes, is amended to read: 963
14331433 316.251 Maximum bumper heights. — 964
14341434 (2) "New motor vehicles" as defined in s. 319.001(9), 965
14351435 "antique automobiles" as defined in s. 320.08 , "horseless 966
14361436 carriages" as defined in s. 320.086, and "street rods" as 967
14371437 defined in s. 320.0863 are shall be excluded from the 968
14381438 requirements of this section. 969
14391439 Section 32. Paragraph (f) of subsection (3) of section 970
14401440 316.261, Florida Statutes, is amended to read: 971
14411441 316.261 Brake equipment required. —Every motor vehicle, 972
14421442 trailer, semitrailer, and pole trailer, and any combination of 973
14431443 such vehicles, operating upon a highway within this state shall 974
14441444 be equipped with brakes in compliance with the requirements of 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 this chapter. 976
14581458 (3) BRAKES ON ALL WHEELS. —Every vehicle shall be equipped 977
14591459 with brakes acting on all wheels except: 978
14601460 (f) "Antique cars" as defined in s. 320.08, and "Horseless 979
14611461 carriages" as defined in s . 320.086 and antique automobiles . 980
14621462 Section 33. Subsection (8) of section 316.515, Florida 981
14631463 Statutes, is amended to read: 982
14641464 316.515 Maximum width, height, length. — 983
14651465 (8) WRECKERS.—The limitations imposed by this section do 984
14661466 not apply to a combination of m otor vehicles consisting of a 985
14671467 wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a 986
14681468 disabled motor vehicle, trailer, semitrailer, or tractor -trailer 987
14691469 combination, or a replacement motor vehicle, which is under tow 988
14701470 by the wrecker, if the size and weight of the towed vehicle is 989
14711471 consistent with statutory requirements and the requirements of 990
14721472 this subsection. 991
14731473 (a) The limitations imposed by this section do not apply 992
14741474 to a combination of motor vehicles consisting of a wrecker 993
14751475 licensed under the Internat ional Registration Plan and a 994
14761476 disabled motor vehicle, trailer, semitrailer, tractor -trailer 995
14771477 combination, or a replacement motor vehicle, which is under tow 996
14781478 by the wrecker, if the size and weight of the towed vehicle is 997
14791479 consistent with statutory requirement s and the requirements of 998
14801480 this subsection. 999
14811481 (b) However, a wrecker may not tow a disabled 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 nonconforming vehicle operating under a current special use 1001
14951495 permit or permits where the combined weight of the wrecker and 1002
14961496 the towed nonconforming vehicle exceeds the permitted weight of 1003
14971497 the towed vehicle's permit. 1004
14981498 (c) Where the combined weight of the wrecker and the towed 1005
14991499 vehicle exceeds the maximum weight limits as established by s. 1006
15001500 316.535, the wrecker must be operating under a current wrecker 1007
15011501 special use permit or permits as provided in s. 316.550(5) or in 1008
15021502 accordance with paragraph (b). 1009
15031503 (d) The limitations imposed by this section do not apply 1010
15041504 to a combination of motor vehicles consisting of a wrecker 1011
15051505 licensed in accordance with s. 320.08(5)(d) or (e) and a 1012
15061506 nondisabled tractor-trailer combination that is under tow by the 1013
15071507 wrecker, if the tractor -trailer combination is being towed by 1014
15081508 the wrecker in an emergency situation as directed by a law 1015
15091509 enforcement officer. No wrecker shall tow a nondisabled tractor -1016
15101510 trailer combination except in an emergency situation as directed 1017
15111511 by a law enforcement officer, or as provided in s. 715.07. 1018
15121512 Section 34. Paragraph (b) of subsection (2) of section 1019
15131513 316.545, Florida Statutes, is amended to read: 1020
15141514 316.545 Weight and load unlawful ; special fuel and motor 1021
15151515 fuel tax enforcement; inspection; penalty; review. — 1022
15161516 (2) 1023
15171517 (b) The officer or inspector shall inspect the license 1024
15181518 plate or registration certificate of the commercial vehicle to 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 determine whether its gross weight is in compliance wi th the 1026
15321532 declared gross vehicle weight. If its gross weight exceeds the 1027
15331533 declared weight, the penalty shall be 5 cents per pound on the 1028
15341534 difference between such weights. In those cases when the 1029
15351535 commercial vehicle is being operated over the highways of the 1030
15361536 state with an expired registration or with no registration from 1031
15371537 this or any other jurisdiction or is not registered under the 1032
15381538 applicable provisions of chapter 320, the penalty herein shall 1033
15391539 apply on the basis of 5 cents per pound on that scaled weight 1034
15401540 which exceeds 35,000 pounds on laden truck tractor -semitrailer 1035
15411541 combinations or tandem trailer truck combinations, 10,000 pounds 1036
15421542 on laden straight trucks or straight truck -trailer combinations, 1037
15431543 or 10,000 pounds on any unladen commercial motor vehicle. A 1038
15441544 driver of a commercial motor vehicle entering the state at a 1039
15451545 designated port-of-entry location, as defined in s. 316.003, or 1040
15461546 operating on designated routes to a port -of-entry location, who 1041
15471547 obtains a temporary registration permit shall be assessed a 1042
15481548 penalty limited to the difference between its gross weight and 1043
15491549 the declared gross vehicle weight at 5 cents per pound. If the 1044
15501550 license plate or registration has not been expired for more than 1045
15511551 90 days, the penalty imposed under this paragraph may not exceed 1046
15521552 $1,000. In the case of special mobile equipment, which qualified 1047
15531553 qualifies for the license tax provided for in former s. 1048
15541554 320.08(5)(b), Florida Statutes 2023, being operated on the 1049
15551555 highways of the state with an expired registration or otherwise 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 not properly registered under t he applicable provisions of 1051
15691569 chapter 320, a penalty of $75 shall apply in addition to any 1052
15701570 other penalty which may apply in accordance with this chapter. A 1053
15711571 vehicle found in violation of this section may be detained until 1054
15721572 the owner or operator produces eviden ce that the vehicle has 1055
15731573 been properly registered. Any costs incurred by the retention of 1056
15741574 the vehicle shall be the sole responsibility of the owner. A 1057
15751575 person who has been assessed a penalty pursuant to this 1058
15761576 paragraph for failure to have a valid vehicle regi stration 1059
15771577 certificate pursuant to the provisions of chapter 320 is not 1060
15781578 subject to the delinquent fee authorized in s. 320.07 if such 1061
15791579 person obtains a valid registration certificate within 10 1062
15801580 working days after such penalty was assessed. 1063
15811581 Section 35. Subsection (3) of section 316.550, Florida 1064
15821582 Statutes, is amended to read: 1065
15831583 316.550 Operations not in conformity with law; special 1066
15841584 permits.— 1067
15851585 (3) A permit may authorize a self -propelled truck crane 1068
15861586 operating off the Interstate Highway System to tow a motor 1069
15871587 vehicle which does not weigh more than 5,000 pounds if the 1070
15881588 combined weight of the crane and such motor vehicle does not 1071
15891589 exceed 95,000 pounds. Notwithstanding s. 320.01(7) or (12), 1072
15901590 truck cranes that tow another motor vehicle under the provision 1073
15911591 of this subsection shall be taxed under the provisions of s. 1074
15921592 320.08(5)(b). 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 Section 36. Subsection (10) of section 320.01, Florida 1076
16061606 Statutes, is amended to read: 1077
16071607 320.01 Definitions, general. —As used in the Florida 1078
16081608 Statutes, except as otherwise provided, the term: 1079
16091609 (10) "Heavy truck" means any motor vehicle with a net 1080
16101610 vehicle weight of more than 5,000 pounds , which is registered on 1081
16111611 the basis of gross vehicle weight in accordance with s. 1082
16121612 320.08(4), and which is designed or used for the carriage of 1083
16131613 goods or designed or equipped with a connecting device for the 1084
16141614 purpose of drawing a trailer that is attached or coupled thereto 1085
16151615 by means of such connecting device and includes any such motor 1086
16161616 vehicle to which has been added a cabinet box, a platform, a 1087
16171617 rack, or other equipment for the purpose of carrying goods other 1088
16181618 than the personal effects of the passengers. 1089
16191619 Section 37. Paragraph (a) of subsection (5) of section 1090
16201620 320.03, Florida Statutes, is amended to read: 1091
16211621 320.03 Registration; duties of tax collectors; 1092
16221622 International Registration Plan.— 1093
16231623 (5)(a) In addition to the fees required under s. 320.08, A 1094
16241624 fee of 50 cents shall be charged on every license registration 1095
16251625 sold to cover the costs of the Florida Real Time Vehicle 1096
16261626 Information System. The fees collected shall be deposited into 1097
16271627 the Highway Safety Operating Trust Fund to be used exclusively 1098
16281628 to fund the system. The fee may only be used to fund the system 1099
16291629 equipment, software, personnel associated with the maintenance 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 and programming of the system, and networks used in the offices 1101
16431643 of the county tax collectors as agents of the department and the 1102
16441644 ancillary technology necessary to integrate the system with 1103
16451645 other tax collection systems. The department shall administer 1104
16461646 this program upon consultation with the Florida Tax Collectors, 1105
16471647 Inc., to ensure that each county tax collector's office is 1106
16481648 technologically equipped and functional for the operation of the 1107
16491649 Florida Real Time Vehicle Information System and to ensure that 1108
16501650 all ancillary technology and other tax collection systems used 1109
16511651 by tax collectors protect customer privacy and data. Tax 1110
16521652 collectors and their appr oved license plate agents shall enter 1111
16531653 into a memorandum of understanding with the department regarding 1112
16541654 use of the Florida Real Time Vehicle Information System in 1113
16551655 accordance with paragraph (4)(b). Any designated revenue 1114
16561656 collected to support functions of the county tax collectors and 1115
16571657 not used in a given year must remain exclusively in the trust 1116
16581658 fund as a carryover to the following year. 1117
16591659 Section 38. Section 320.055, Florida Statutes, is amended 1118
16601660 to read: 1119
16611661 320.055 Registration periods; renewal periods. —The 1120
16621662 following registration periods and renewal periods are 1121
16631663 established: 1122
16641664 (1)(a) For a motor vehicle subject to registration under 1123
16651665 former s. 320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d), 1124
16661666 or (f), (6)(a), (7), (8), (9), (10), or (11) , Florida Statutes 1125
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
16791679 2023, and owned by a natural person, the registration period 1126
16801680 begins the first day of the birth month of the owner and ends 1127
16811681 the last day of the month immediately preceding the owner's 1128
16821682 birth month in the succeeding year. If such vehicle is 1129
16831683 registered in the na me of more than one person, the birth month 1130
16841684 of the person whose name first appears on the registration shall 1131
16851685 be used to determine the registration period. For a vehicle 1132
16861686 subject to this registration period, the renewal period is the 1133
16871687 30-day period ending at midnight on the vehicle owner's date of 1134
16881688 birth. 1135
16891689 (b) A motor vehicle or mobile home that is subject to 1136
16901690 registration under former s. 320.08(1), (2), (3), (4)(a) or (b), 1137
16911691 (6), (7), (8), (9), (10), or (11) , Florida Statutes 2023, is 1138
16921692 eligible for an extended re gistration period as defined in s. 1139
16931693 320.01(19)(b). 1140
16941694 (c) Notwithstanding the requirements of paragraph (a), the 1141
16951695 owner of a motor vehicle subject to paragraph (a) who has had 1142
16961696 his or her driver license suspended pursuant to a violation of 1143
16971697 s. 316.193 or pursua nt to s. 322.26(2) for driving under the 1144
16981698 influence must obtain a 6 -month registration as a condition of 1145
16991699 reinstating the license, subject to renewal during the 3 -year 1146
17001700 period that financial responsibility requirements apply. The 1147
17011701 registration period begins th e first day of the birth month of 1148
17021702 the owner and ends the last day of the fifth month immediately 1149
17031703 following the owner's birth month. For such vehicles, the 1150
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17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17131713
17141714
17151715
17161716 department shall issue a vehicle registration certificate that 1151
17171717 is valid for 6 months and shall issue a validation sticker that 1152
17181718 displays an expiration date of 6 months after the date of 1153
17191719 issuance. The license tax required by s. 320.08 and all other 1154
17201720 applicable license taxes shall be one -half of the amount 1155
17211721 otherwise required, except the service charge require d by s. 1156
17221722 320.04 shall be paid in full for each 6 -month registration. A 1157
17231723 vehicle required to be registered under this paragraph is not 1158
17241724 eligible for the extended registration period under paragraph 1159
17251725 (b). 1160
17261726 (2) For a vehicle subject to registration under former s. 1161
17271727 320.08(11), Florida Statutes 2023, and not owned by a natural 1162
17281728 person, the registration period begins January 1 and ends 1163
17291729 December 31. For a vehicle subject to this registration period, 1164
17301730 the renewal period is the 31 -day period before expiration. 1165
17311731 (3) For a vehicle subject to registration under former s. 1166
17321732 320.08(12), Florida Statutes 2023, the registration period runs 1167
17331733 concurrently with the licensing period. For a vehicle subject to 1168
17341734 this registration period, the renewal period is the first month 1169
17351735 of the licensing period. 1170
17361736 (4) For a vehicle subject to registration under former s. 1171
17371737 320.08(13), Florida Statutes 2023; for vehicles subject to 1172
17381738 registration under former s. 320.08(6)(a), Florida Statutes 1173
17391739 2023, that are short-term rental vehicles ;, and for any vehicle 1174
17401740 for which a registration period is not otherwise specified, the 1175
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17491749 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17501750
17511751
17521752
17531753 registration period begins June 1 and ends May 31. For a vehicle 1176
17541754 subject to this registration period, the renewal period is the 1177
17551755 30-day period beginning June 1. 1178
17561756 (5) For a vehicle subject to ap portioned registration 1179
17571757 under former s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or 1180
17581758 (14), Florida Statutes 2023, the registration period shall be a 1181
17591759 period of 12 months beginning in a month designated by the 1182
17601760 department and ending on the last day of the 12t h month. For a 1183
17611761 vehicle subject to this registration period, the renewal period 1184
17621762 is the last month of the registration period. The registration 1185
17631763 period may be shortened or extended at the discretion of the 1186
17641764 department, on receipt of the appropriate prorated fe es, in 1187
17651765 order to evenly distribute such registrations on a monthly 1188
17661766 basis. For a vehicle subject to nonapportioned registration 1189
17671767 under former s. 320.08(4)(c)-(n), (5)(a)1., (6)(b), or (14), 1190
17681768 Florida Statutes 2023, the registration period begins December 1 1191
17691769 and ends November 30. The renewal period is the 31 -day period 1192
17701770 beginning December 1. 1193
17711771 (6) For those vehicles subject to registration under 1194
17721772 former s. 320.08(6)(a), Florida Statutes 2023, which are not 1195
17731773 short-term rental vehicles, the department shall develop and 1196
17741774 implement a registration renewal system that, where practicable, 1197
17751775 evenly distributes the registration renewal period throughout 1198
17761776 the year. For a vehicle subject to this registration period, the 1199
17771777 renewal period is the first month of the assigned registration 1200
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17861786 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17871787
17881788
17891789
17901790 period. 1201
17911791 (7) For those vehicles subject to registration under s. 1202
17921792 320.0657, the department shall implement a system that 1203
17931793 distributes the registration renewal process throughout the 1204
17941794 year. 1205
17951795 Section 39. Paragraphs (b) and (c) of subsection (1) and 1206
17961796 paragraph (a) of subsection (3) of section 320.06, Florida 1207
17971797 Statutes, are amended to read: 1208
17981798 320.06 Registration certificates, license plates, and 1209
17991799 validation stickers generally. — 1210
18001800 (1) 1211
18011801 (b)1. Registration license plates bearing a graphic symbol 1212
18021802 and the alphanumeric system of identification shall be issued 1213
18031803 for a 10-year period. At the end of the 10 -year period, upon 1214
18041804 renewal, the plate shall be replaced. The department shall 1215
18051805 extend the scheduled license plate replacement date from a 6 -1216
18061806 year period to a 10-year period. The fee for such replacement is 1217
18071807 $28, $2.80 of which shall be paid each year before the plate is 1218
18081808 replaced, to be credited toward the next $28 replacement fee. 1219
18091809 The fees shall be deposited into the Highway Safety Operating 1220
18101810 Trust Fund. A credit or refund may not be given for any prior 1221
18111811 years' payments of the prorated replacement fee if the plate is 1222
18121812 replaced or surrendered before the end of the 10 -year period, 1223
18131813 except that a credit may be given if a registrant is required by 1224
18141814 the department to replace a license plate under s. 1225
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18231823 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18241824
18251825
18261826
18271827 320.08056(8)(a). With each license plate, a validation sticker 1226
18281828 shall be issued showing the owner's birth month, license plate 1227
18291829 number, and the year of expiration or the appropriate renewal 1228
18301830 period if the owner is not a natural person. The validation 1229
18311831 sticker shall be placed on the upper right corner of the license 1230
18321832 plate. The license plate and validation sticker shall be issued 1231
18331833 based on the applicant's appropriate renewa l period. The 1232
18341834 registration period is 12 months, the extended registration 1233
18351835 period is 24 months, and all expirations occur based on the 1234
18361836 applicant's appropriate registration period. Rental vehicles 1235
18371837 formerly taxed pursuant to s. 320.08(6)(a) , Florida Statutes 1236
18381838 2023, may elect a permanent registration period, provided 1237
18391839 payment of the appropriate license taxes and fees occurs 1238
18401840 annually. 1239
18411841 2. A vehicle that has an apportioned registration shall be 1240
18421842 issued an annual license plate and a cab card that denote the 1241
18431843 declared gross vehicle weight for each apportioned jurisdiction 1242
18441844 in which the vehicle is authorized to operate. This subparagraph 1243
18451845 expires June 30, 2024. 1244
18461846 3. Beginning July 1, 2024, a vehicle registered in 1245
18471847 accordance with the International Registration Plan must be 1246
18481848 issued a license plate for a 3 -year period. At the end of the 3 -1247
18491849 year period, upon renewal, the license plate must be replaced. 1248
18501850 Each license plate must include a validation sticker showing the 1249
18511851 month of expiration. A cab card denoting the declared gross 1250
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18601860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18611861
18621862
18631863
18641864 vehicle weight for each apportioned jurisdiction must be issued 1251
18651865 annually. The fee for an original or a renewal cab card is $28, 1252
18661866 which must be deposited into the Highway Safety Operating Trust 1253
18671867 Fund. If the license plate is damaged or worn, it may be 1254
18681868 replaced at no charge by applying to the department and 1255
18691869 surrendering the current license plate. 1256
18701870 4. In order to retain the efficient administration of the 1257
18711871 taxes and fees imposed by this chapter, the 80 -cent fee increase 1258
18721872 in the replacement fee imposed by chapter 200 9-71, Laws of 1259
18731873 Florida, is negated as provided in s. 320.0804 . 1260
18741874 (c) Registration license plates equipped with validation 1261
18751875 stickers subject to the registration period are valid for not 1262
18761876 more than 12 months and expire at midnight on the last day of 1263
18771877 the registration period. A registration license plate equipped 1264
18781878 with a validation sticker subject to the extended registration 1265
18791879 period is valid for not more than 24 months and expires at 1266
18801880 midnight on the last day of the extended registration period. A 1267
18811881 registration license plate equipped with a validation sticker 1268
18821882 subject to a permanent registration period is permanently valid 1269
18831883 but shall become void if appropriate license taxes and fees are 1270
18841884 not paid annually. For each registration period after the one in 1271
18851885 which the metal registration license plate is issued, and until 1272
18861886 the license plate is required to be replaced, a validation 1273
18871887 sticker showing the month and year of expiration shall be issued 1274
18881888 upon payment of the proper license tax amount and fees and is 1275
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18971897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18981898
18991899
19001900
19011901 valid for not more than 1 2 months. For each extended 1276
19021902 registration period occurring after the one in which the metal 1277
19031903 registration license plate is issued and until the license plate 1278
19041904 is required to be replaced, a validation sticker showing the 1279
19051905 year of expiration shall be issued upon payment of the proper 1280
19061906 license tax amount and fees and is valid for not more than 24 1281
19071907 months. For each permanent registration period occurring after 1282
19081908 the one in which the metal registration license plate is issued 1283
19091909 and until the license plate is required to b e replaced, a 1284
19101910 validation sticker showing a permanent registration period shall 1285
19111911 be issued upon payment of the proper license tax amount and fees 1286
19121912 and is permanently valid but shall become void if the proper 1287
19131913 license taxes and fees are not paid annually. When license 1288
19141914 plates equipped with validation stickers are issued in any month 1289
19151915 other than the owner's birth month or the designated 1290
19161916 registration period for any other motor vehicle, the effective 1291
19171917 date shall reflect the birth month or month and the year of 1292
19181918 renewal. However, when a license plate or validation sticker is 1293
19191919 issued for a period of less than 12 months, the applicant shall 1294
19201920 pay the appropriate amount of license tax and the applicable fee 1295
19211921 under s. 320.14 in addition to all other fees. Validation 1296
19221922 stickers issued for vehicles formerly taxed under s. 1297
19231923 320.08(6)(a), Florida Statutes 2023, for any company that owns 1298
19241924 250 vehicles or more, or for semitrailers formerly taxed under 1299
19251925 the provisions of s. 320.08(5)(a), Florida Statutes 2023, for 1300
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19341934 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19351935
19361936
19371937
19381938 any company that owns 50 ve hicles or more, may be placed on any 1301
19391939 vehicle in the fleet so long as the vehicle receiving the 1302
19401940 validation sticker has the same owner's name and address as the 1303
19411941 vehicle to which the validation sticker was originally assigned. 1304
19421942 (3)(a) Registration license pl ates must be made of metal 1305
19431943 specially treated with a retroreflection material, as specified 1306
19441944 by the department. The registration license plate is designed to 1307
19451945 increase nighttime visibility and legibility and must be at 1308
19461946 least 6 inches wide and not less than 12 inches in length, 1309
19471947 unless a plate with reduced dimensions is deemed necessary by 1310
19481948 the department to accommodate motorcycles, mopeds, or similar 1311
19491949 smaller vehicles. Validation stickers must also be treated with 1312
19501950 a retroreflection material, must be of such size as specified by 1313
19511951 the department, and must adhere to the license plate. The 1314
19521952 registration license plate must be imprinted with a combination 1315
19531953 of bold letters and numerals or numerals, not to exceed seven 1316
19541954 digits, to identify the registration license plate numbe r. The 1317
19551955 license plate must be imprinted with the word "Florida" at the 1318
19561956 top and the name of the county in which it is sold, the state 1319
19571957 motto, or the words "Sunshine State" at the bottom. Apportioned 1320
19581958 license plates must have the word "Apportioned" at the botto m, 1321
19591959 and license plates issued for vehicles formerly taxed under s. 1322
19601960 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) , Florida 1323
19611961 Statutes 2023, must have the word "Restricted" at the bottom. 1324
19621962 License plates issued for vehicles formerly taxed under s. 1325
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19711971 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19721972
19731973
19741974
19751975 320.08(12), Florida Statutes 2023, must be imprinted with the 1326
19761976 word "Florida" at the top and the word "Dealer" at the bottom 1327
19771977 unless the license plate is a specialty license plate as 1328
19781978 authorized in s. 320.08056. Manufacturer license plates issued 1329
19791979 for vehicles formerly taxed under s. 320.08(12) , Florida 1330
19801980 Statutes 2023, must be imprinted with the word "Florida" at the 1331
19811981 top and the word "Manufacturer" at the bottom. License plates 1332
19821982 issued for vehicles formerly taxed under s. 320.08(5)(d) or (e) , 1333
19831983 Florida Statutes 2023, must be imprinted with the word "Wrecker" 1334
19841984 at the bottom. Any county may, upon majority vote of the county 1335
19851985 commission, elect to have the county name removed from the 1336
19861986 license plates sold in that county. The state motto or the words 1337
19871987 "Sunshine State" shall be print ed in lieu thereof. A license 1338
19881988 plate issued for a vehicle formerly taxed under s. 320.08(6) , 1339
19891989 Florida Statutes 2023, may not be assigned a registration 1340
19901990 license number, or be issued with any other distinctive 1341
19911991 character or designation, that distinguishes the motor vehicle 1342
19921992 as a for-hire motor vehicle. 1343
19931993 Section 40. Paragraph (b) of subsection (2) and paragraphs 1344
19941994 (a) and (b) of subsection (5) of section 320.0609, Florida 1345
19951995 Statutes, are amended to read: 1346
19961996 320.0609 Transfer and exchange of registration license 1347
19971997 plates; transfer fee. — 1348
19981998 (2) 1349
19991999 (b) The requirement to pay a transfer fee does not apply 1350
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20082008 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20092009
20102010
20112011
20122012 when the replacement vehicle is classified under former s. 1351
20132013 320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) , Florida 1352
20142014 Statutes 2023, and the original vehicle to be replaced is also 1353
20152015 classified under former s. 320.08(2)(b), (c), or (d) or (3)(a), 1354
20162016 (b), or (c), Florida Statutes 2023 . 1355
20172017 (5) For a transfer or exchange other than one specified in 1356
20182018 paragraph (2)(b), the following provisions apply: 1357
20192019 (a) If the replacement motor vehicle is classified under 1358
20202020 the same provisions of former s. 320.08, Florida Statutes 2023, 1359
20212021 requires the same amount of l icense tax under s. 320.08 as the 1360
20222022 original vehicle to be replaced, no additional fee tax other 1361
20232023 than the transfer fee of $4.50, accompanied by an application 1362
20242024 for transfer on a form supplied by the department, is required 1363
20252025 to transfer or exchange a registrati on license plate for use on 1364
20262026 a replacement vehicle for the duration of a current registration 1365
20272027 period and to issue a new certificate of registration. 1366
20282028 (b) If the replacement motor vehicle is within a 1367
20292029 classification requiring a higher license tax under former s. 1368
20302030 320.08, Florida Statutes 2023, than that of the original vehicle 1369
20312031 to be replaced, the original license plate shall be surrendered 1370
20322032 in exchange for a plate within the appropriate classification , 1371
20332033 and an amount representing the pro rata difference in the t ax 1372
20342034 required shall be paid for the remaining months of the 1373
20352035 registration period. Such payment is in addition to the transfer 1374
20362036 fee authorized in this section. The minimum charge for issuance 1375
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20462046
20472047
20482048
20492049 of a license plate provided in s. 320.14 does not apply to an 1376
20502050 exchange of license plates under this section . 1377
20512051 Section 41. Subsection (3) of section 320.0655, Florida 1378
20522052 Statutes, is amended to read: 1379
20532053 320.0655 Permanent license plates for governmental 1380
20542054 entities and volunteer fire departments. — 1381
20552055 (3) Any motor vehicle issued a license plate pursuant to 1382
20562056 this section is exempt from the requirement to pay annual 1383
20572057 license taxes pursuant to s. 320.08 but must pay the fee 1384
20582058 provided by s. 320.10(2). 1385
20592059 Section 42. Paragraphs (a) and (c) of subsection (2) of 1386
20602060 section 320.0657, Florida S tatutes, are amended to read: 1387
20612061 320.0657 Permanent registration; fleet license plates. — 1388
20622062 (2)(a) The owner or lessee of a fleet of motor vehicles 1389
20632063 shall, upon application in the manner and at the time prescribed 1390
20642064 and upon approval by the department and payment of the license 1391
20652065 tax prescribed under s. 320.08(2), (3), (4), (5)(a) and (b), 1392
20662066 (6)(a), (7), and (8) , be issued permanent fleet license plates. 1393
20672067 All vehicles with a fleet license plate shall have the company's 1394
20682068 name or logo and unit number displayed so that t hey are readily 1395
20692069 identifiable. 1396
20702070 (c) In addition to the license tax prescribed by s. 1397
20712071 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), An 1398
20722072 annual fleet management fee of $2 shall be charged. A one -time 1399
20732073 license plate manufacturing fee of $1.50 shall be charged for 1400
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20822082 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20832083
20842084
20852085
20862086 plates issued for the established number of vehicles in the 1401
20872087 fleet. If the size of the fleet is increased, an issuance fee of 1402
20882088 $10 per vehicle will be charged to include the license plate 1403
20892089 manufacturing fee. If the license plate manufacturing c ost 1404
20902090 increases, the department shall increase the license plate 1405
20912091 manufacturing fee to recoup its cost. Fees collected shall be 1406
20922092 deposited into the Highway Safety Operating Trust Fund. Payment 1407
20932093 of registration license tax and fees shall be made annually and 1408
20942094 be evidenced only by the issuance of a single receipt by the 1409
20952095 department. The provisions of s. 320.0605 do not apply to 1410
20962096 vehicles registered in accordance with this section, and no 1411
20972097 annual validation sticker is required. 1412
20982098 Section 43. Section 320.0659, Florida Statutes, is amended 1413
20992099 to read: 1414
21002100 320.0659 Permanent registration of trailer for hire and 1415
21012101 semitrailers.— 1416
21022102 (1) A permanent license plate may be issued for any 1417
21032103 semitrailer classified under former s. 320.08(5)(a)2., Florida 1418
21042104 Statutes 2023. All such license pla tes shall be of a distinctive 1419
21052105 color, and shall be imprinted with the words "Permanent Trl" at 1420
21062106 the bottom. Such plates shall be displayed as required by s. 1421
21072107 316.605 and shall be removed upon the sale of the vehicle or 1422
21082108 upon the vehicle's being removed from se rvice. If the plate is 1423
21092109 lost, mutilated, or destroyed, the plate may be replaced as 1424
21102110 provided by s. 320.0607. The use of such plate on any vehicle 1425
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21192119 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21202120
21212121
21222122
21232123 other than the one to which it is issued is prohibited. No 1426
21242124 refunds shall be issued for this plate. 1427
21252125 (2) If apportionment is required for a permanent 1428
21262126 semitrailer, the apportionment must be indicated by means of a 1429
21272127 serially numbered decal, or decals, with the name of the state 1430
21282128 for which apportionment is granted and the year for which the 1431
21292129 apportionment is valid. The a pportionment must be for 1 calendar 1432
21302130 year and must be renewed as necessary. For jurisdictions that do 1433
21312131 not require additional trailer fees, the fee provided in s. 1434
21322132 320.08(5)(a)2. applies. 1435
21332133 Section 44. Subsection (2) of section 320.07, Florida 1436
21342134 Statutes, is amended to read: 1437
21352135 320.07 Expiration of registration; renewal required; 1438
21362136 penalties.— 1439
21372137 (2) Registration shall be renewed semiannually, annually, 1440
21382138 or biennially, as provided in this subsection, during the 1441
21392139 applicable renewal period, upon payment of the applicable 1442
21402140 license tax amounts required by s. 320.08, service charges 1443
21412141 required by s. 320.04, and any additional fees required by law. 1444
21422142 (a) Any person who owns a motor vehicle registered under 1445
21432143 former s. 320.08(4)(c)-(n), (6)(b), or (13) , Florida Statutes 1446
21442144 2023, may register semiannually as provided in s. 320.0705. 1447
21452145 (b) Any person who owns a motor vehicle or mobile home 1448
21462146 registered under former s. 320.08(1), (2), (3), (4)(a) or (b), 1449
21472147 (6), (7), (8), (9), (10), or (11) , Florida Statutes 2023, may 1450
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21562156 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21572157
21582158
21592159
21602160 renew the vehicle registration biennially during the applicable 1451
21612161 renewal period upon payment of the 2 -year cumulative total of 1452
21622162 all applicable license tax amounts required by s. 320.08 and 1453
21632163 service charges or surcharges required by ss. 320.03, 320.04, 1454
21642164 320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, 1455
21652165 and 320.08056 and payment of the 2 -year cumulative total of any 1456
21662166 additional fees required by law for an annual registration. 1457
21672167 Section 45. Section 320.0705, Florida Statutes, is amended 1458
21682168 to read: 1459
21692169 320.0705 Semiannual registration or renewal for certain 1460
21702170 vehicles.— 1461
21712171 (1) The owner of a motor vehicle formerly taxed under s. 1462
21722172 320.08(4)(c)-(n) or (6)(b), Florida Statutes 2023, may register 1463
21732173 his or her vehicle semiannually , if the amount of license tax 1464
21742174 due annually is more than $100 and the vehicle registration fee 1465
21752175 is not required to be apportioned, upon payment of a fee of 1466
21762176 $2.50 for each semiannual registration. 1467
21772177 (2) During the first 3 months of the semiannual 1468
21782178 registration period beginning either June 1 or De cember 1, the 1469
21792179 semiannual tax shall be one -half of the respective annual amount 1470
21802180 set forth in s. 320.08. The fee for registration during the 1471
21812181 fourth month of the semiannual period or thereafter shall be at 1472
21822182 the rate of one-twelfth of the annual amount for the month of 1473
21832183 registration and one -twelfth of the annual amount for each month 1474
21842184 of the semiannual registration period succeeding the month of 1475
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21932193 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21942194
21952195
21962196
21972197 registration. However, any vehicle not registered in this state 1476
21982198 during the prior semiannual period and not subject to 1477
21992199 registration during such prior registration period may be 1478
22002200 registered in any month of the semiannual registration period 1479
22012201 beginning June 1 or December 1 at the rate of one -twelfth of the 1480
22022202 annual amount for the month of registration and one -twelfth of 1481
22032203 the annual amount for each month of the semiannual period 1482
22042204 succeeding the month of registration. The provisions of s. 1483
22052205 320.14 do not apply to such vehicles. 1484
22062206 (2)(3) The owner of a motor vehicle formerly taxed under 1485
22072207 s. 320.08(6)(a), Florida Statutes 2023, may register such 1486
22082208 vehicle for any 6-month period upon payment of one-half the 1487
22092209 annual license tax plus an additional fee of $2.50 for each 1488
22102210 period; provided, notwithstanding any other provision of law, 1489
22112211 such person is not entitled to a refund of any tax imposed under 1490
22122212 s. 320.08(6) upon such vehicle . 1491
22132213 Section 46. Subsection (2) of section 320.071, Florida 1492
22142214 Statutes, is amended to read: 1493
22152215 320.071 Advance registration renewal; procedures. — 1494
22162216 (2) Upon the filing of the application and payment of the 1495
22172217 appropriate license tax u nder s. 320.08, service charges 1496
22182218 required by s. 320.04, and any additional fees required by law, 1497
22192219 the department or its agent shall issue to the owner of the 1498
22202220 motor vehicle or mobile home a validation sticker or mobile home 1499
22212221 sticker, as appropriate, which, whe n affixed to the license 1500
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22302230 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22312231
22322232
22332233
22342234 plate or mobile home, shall renew the registration for the 1501
22352235 appropriate registration period. 1502
22362236 Section 47. Subsection (1), paragraph (f) of subsection 1503
22372237 (2), and subsection (3) of section 320.072, Florida Statutes, 1504
22382238 are amended to read: 1505
22392239 320.072 Additional fee imposed on certain motor vehicle 1506
22402240 registration transactions. — 1507
22412241 (1) A fee of $225 is imposed upon the initial application 1508
22422242 for registration pursuant to s. 320.06 of every motor vehicle 1509
22432243 classified in former s. 320.08(2), (3), an d (9)(c) and (d), 1510
22442244 Florida Statutes 2023 . 1511
22452245 (2) The fee imposed by subsection (1) shall not apply to: 1512
22462246 (f) The registration of a truck defined in former s. 1513
22472247 320.08(3)(d), Florida Statutes 2023 . 1514
22482248 (3) A refund of the fee imposed under subsection (1) shall 1515
22492249 be granted to anyone who, within 3 months after paying such fee, 1516
22502250 sells, transfers, or otherwise disposes of a motor vehicle 1517
22512251 classified in former s. 320.08(2), (3), or (9)(c) or (d) , 1518
22522252 Florida Statutes 2023, in any transaction not exempt from the 1519
22532253 fee pursuant to paragraph (2)(b), paragraph (2)(c), or paragraph 1520
22542254 (2)(d). A person requesting a refund must present proof of 1521
22552255 having paid the fee pursuant to subsection (1) and must 1522
22562256 surrender the license plate of the disposed -of vehicle. 1523
22572257 Section 48. Section 320.0801, Florida Statutes, is amended 1524
22582258 to read: 1525
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22672267 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22682268
22692269
22702270
22712271 320.0801 Additional License tax on certain vehicles. — 1526
22722272 (1) In addition to the license taxes specified in s. 1527
22732273 320.08 and in subsection (2), there is hereby levied and imposed 1528
22742274 an annual license tax of 10 cents for the operation of a motor 1529
22752275 vehicle, as defined in s. 320.01, and moped, as defined in s. 1530
22762276 316.003, which tax shall be paid to the department or its agent 1531
22772277 upon the registration or renewal of registration of the vehicle. 1532
22782278 Notwithstanding s. 320.20, Revenues collected from the tax 1533
22792279 imposed in this subsection shall be deposited in the Emergency 1534
22802280 Medical Services Trust Fund and used solely for the purpose of 1535
22812281 carrying out ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 1536
22822282 11, chapter 87-399, Laws of Florida. 1537
22832283 (2) In addition to the license taxes imposed by s. 320.08 1538
22842284 and by subsection (1), there is imposed an additional surcharge 1539
22852285 of $10 on each commercial motor vehicle having a gross vehicle 1540
22862286 weight of 10,000 pounds or more, which surcharge must be paid to 1541
22872287 the department or its agent upon the registration or renewal of 1542
22882288 registration of the commercial motor vehicle. Fifty 1543
22892289 Notwithstanding the provisions of s. 320.20, 50 percent of the 1544
22902290 revenues collected from the surcharge imposed in this subsection 1545
22912291 shall be deposited into the S tate Transportation Trust Fund, and 1546
22922292 50 percent shall be deposited in the General Revenue Fund. 1547
22932293 Section 49. Subsection (2) of section 320.0803, Florida 1548
22942294 Statutes, is amended to read: 1549
22952295 320.0803 Moped license plates. — 1550
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23042304 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23052305
23062306
23072307
23082308 (2) Each request for a license plat e for a moped shall be 1551
23092309 submitted to the department or its agent on an application form 1552
23102310 supplied by the department , accompanied by the license tax 1553
23112311 required in s. 320.08 . 1554
23122312 Section 50. Section 320.08035, Florida Statutes, is 1555
23132313 amended to read: 1556
23142314 320.08035 Persons who have disabilities; reduced dimension 1557
23152315 license plate.—The owner or lessee of a motorcycle, moped, or 1558
23162316 motorized disability access vehicle who resides in this state 1559
23172317 and qualifies for a parking permit for a person who has a 1560
23182318 disability under s. 320.084 8, upon application and payment of 1561
23192319 the appropriate license tax and fees under s. 320.08(1) , must be 1562
23202320 issued a license plate that has reduced dimensions as provided 1563
23212321 under s. 320.06(3)(a). The plate must be stamped with the 1564
23222322 international symbol of accessibili ty after the numeric and 1565
23232323 alpha serial number of the license plate. The plate entitles the 1566
23242324 person to all privileges afforded by a disabled parking permit 1567
23252325 issued under s. 320.0848. 1568
23262326 Section 51. Subsections (2) and (9) of section 320.0805, 1569
23272327 Florida Statutes, are amended to read: 1570
23282328 320.0805 Personalized prestige license plates. — 1571
23292329 (2) Each request for specific numbers or letters or 1572
23302330 combinations thereof shall be submitted annually to the 1573
23312331 department on an application form supplied by the department, 1574
23322332 accompanied by the following tax and fees: 1575
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23412341 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23422342
23432343
23442344
23452345 (a) The license tax required for the vehicle, as set forth 1576
23462346 in s. 320.08. 1577
23472347 (a)(b) A prestige plate annual use fee of $10. 1578
23482348 (b)(c) A processing fee of $5, to be deposited into the 1579
23492349 Highway Safety Operating Trust Fund. 1580
23502350 (9) The annual use fee generated pursuant to this section 1581
23512351 shall be distributed pursuant to s. 320.20. 1582
23522352 Section 52. Subsection (3), paragraph (c) of subsection 1583
23532353 (8), paragraph (a) of subsection (10), and subsection (12) of 1584
23542354 section 320.08056, Florida Statutes , are amended to read: 1585
23552355 320.08056 Specialty license plates. — 1586
23562356 (3) Each request must be made annually to the department 1587
23572357 or an authorized agent serving on behalf of the department, 1588
23582358 accompanied by the following tax and fees: 1589
23592359 (a) The license tax required f or the vehicle as set forth 1590
23602360 in s. 320.08. 1591
23612361 (a)(b) A processing fee of $5, to be deposited into the 1592
23622362 Highway Safety Operating Trust Fund. 1593
23632363 (b)(c) A license plate fee as required by s. 320.06(1)(b). 1594
23642364 (c)(d) Unless the amount of an annual use fee is otherwi se 1595
23652365 specified in subsection (4) for a particular specialty license 1596
23662366 plate, an annual use fee of $25 for any specialty license plate 1597
23672367 that is required to be developed under s. 320.08058. 1598
23682368 1599
23692369 A request may be made any time during a registration period. If 1600
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23782378 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23792379
23802380
23812381
23822382 a request is made for a specialty license plate to replace a 1601
23832383 current valid license plate, the specialty license plate must be 1602
23842384 issued with appropriate decals attached at no tax for the plate, 1603
23852385 but all fees and service charges must be paid. If a request is 1604
23862386 made for a specialty license plate at the beginning of the 1605
23872387 registration period, the tax, together with all applicable fees 1606
23882388 and service charges, must be paid. 1607
23892389 (8) 1608
23902390 (c) A vehicle owner or lessee issued a specialty license 1609
23912391 plate that has been discontinued by the depa rtment may keep the 1610
23922392 discontinued specialty license plate for the remainder of the 1611
23932393 10-year license plate replacement period and must pay all other 1612
23942394 applicable registration fees. However, such owner or lessee is 1613
23952395 exempt from paying the applicable specialty lic ense plate annual 1614
23962396 use fee under paragraph (3)(c) (3)(d) or subsection (4) for the 1615
23972397 remainder of the 10-year license plate replacement period. 1616
23982398 (10)(a) A specialty license plate annual use fee collected 1617
23992399 and distributed under this chapter, or any interest ea rned from 1618
24002400 those fees, may not be used for commercial or for -profit 1619
24012401 activities nor for general or administrative expenses, except as 1620
24022402 authorized by s. 320.08058 or to pay the cost of the audit or 1621
24032403 report required by s. 320.08062(1). The fees and any interest 1622
24042404 earned from the fees may be expended only for use in this state 1623
24052405 unless the annual use fee is derived from the sale of United 1624
24062406 States Armed Forces and veterans -related specialty license 1625
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24152415 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24162416
24172417
24182418
24192419 plates pursuant to paragraph (3)(c) (3)(d) for the Support Our 1626
24202420 Troops, American Legion, and Honor Flight license plates; 1627
24212421 paragraphs (4)(b), (q), and (v) for the Florida Salutes 1628
24222422 Veterans, United States Marine Corps, and Military Services 1629
24232423 license plates, respectively; and s. 320.0891 for the U.S. 1630
24242424 Paratrooper license plate. 1631
24252425 (12) Notwithstanding s. 320.08058(3)(a), the department, 1632
24262426 in cooperation with the independent colleges or universities as 1633
24272427 described in s. 1009.89, shall create a standard template 1634
24282428 specialty license plate with a unique logo or graphic 1635
24292429 identifying each independe nt college or university. Each 1636
24302430 independent college or university may elect to use this standard 1637
24312431 template specialty license plate in lieu of its own specialty 1638
24322432 license plate. Annual use fees from the sale of these license 1639
24332433 plates shall be distributed to the i ndependent college or 1640
24342434 university for which the logo or graphic is displayed on the 1641
24352435 license plate and shall be used as provided in s. 320.08058(3). 1642
24362436 An independent college or university opting to use the standard 1643
24372437 template specialty license plate shall have t he standard 1644
24382438 template specialty license plate sales added to the total number 1645
24392439 of remaining current valid registrations under paragraph (8)(a) 1646
24402440 for the formerly separate independent college and university 1647
24412441 license plates which were issued before the independen t college 1648
24422442 or university elected to use the standard template specialty 1649
24432443 license plate for purposes of the standard template specialty 1650
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24522452 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24532453
24542454
24552455
24562456 license plate meeting the minimum license plate sales threshold 1651
24572457 in paragraph (8)(a) and for determining the license plate l imit 1652
24582458 in s. 320.08053(3)(b). Specialty license plates created pursuant 1653
24592459 to this subsection must be ordered directly from the department. 1654
24602460 If the independent college or university elects to use the 1655
24612461 standard template specialty license plate, the department shal l 1656
24622462 discontinue the existing specialty license plate and, 1657
24632463 notwithstanding paragraph (8)(c), shall continue to collect the 1658
24642464 applicable specialty license plate annual use fee under 1659
24652465 paragraph (3)(c) (3)(d) or subsection (4) for the remainder of 1660
24662466 the 10-year license plate replacement period for the existing 1661
24672467 plate being discontinued or being replaced with the standard 1662
24682468 template specialty license plate. 1663
24692469 Section 53. Paragraph (c) of subsection (5) of section 1664
24702470 320.08058, Florida Statutes, is amended to read: 1665
24712471 320.08058 Specialty license plates. — 1666
24722472 (5) FLORIDA PANTHER LICENSE PLATES. — 1667
24732473 (c) A person or corporation that purchases 10,000 or more 1668
24742474 panther license plates shall pay an annual use fee of $5 per 1669
24752475 plate and an annual processing fee of $2 per plate , in addition 1670
24762476 to the applicable license tax required under s. 320.08 . 1671
24772477 Section 54. Subsection (3) of section 320.08068, Florida 1672
24782478 Statutes, is amended to read: 1673
24792479 320.08068 Motorcycle specialty license plates. — 1674
24802480 (3) Each request must be made annually to the department, 1675
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24892489 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24902490
24912491
24922492
24932493 accompanied by the following taxes and fees: 1676
24942494 (a) The license tax required under s. 320.08. 1677
24952495 (a)(b) A license plate fee as required by s. 320.06(1)(b). 1678
24962496 (b)(c) A processing fee of $2. 1679
24972497 (c)(d) A license plate annual use fee as required in 1680
24982498 subsection (4). 1681
24992499 Section 55. Section 320.0815, Florida Statutes, is amended 1682
25002500 to read: 1683
25012501 320.0815 Mobile homes and recreational vehicle -type units 1684
25022502 required to have appropriate license plates or stickers. — 1685
25032503 (1) Recreational vehicle -type units formerly taxed under 1686
25042504 s. 320.08(9) and (10) , Florida Statutes 2023, shall be issued 1687
25052505 appropriate license plates , except as provided in subsection 1688
25062506 (2). 1689
25072507 (2) A mobile home or recreational vehicle -type unit which 1690
25082508 is permanently affixed to the land shall be issued a mobile home 1691
25092509 sticker at the fee prescribed in s. 320.08(11) unless the mobile 1692
25102510 home or recreational vehicle -type unit is qualified and taxed as 1693
25112511 real property, in which case the mobile home or recreational 1694
25122512 vehicle-type unit shall be issued an "RP" series sticker. Series 1695
25132513 "RP" stickers shall be provided by the department to the tax 1696
25142514 collectors, and such a sticker will be issued by the tax 1697
25152515 collector to the registered owner of such a mobile home or 1698
25162516 recreational vehicle -type unit upon the production of a 1699
25172517 certificate of the respective property appraiser that such 1700
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25272527
25282528
25292529
25302530 mobile home or recreational vehicle -type unit is included in an 1701
25312531 assessment of the property of su ch registered owner for ad 1702
25322532 valorem taxation. An "RP" series sticker shall be issued by the 1703
25332533 tax collector for an aggregate fee of $3 each, to be distributed 1704
25342534 as follows: $2.50 shall be retained by the tax collector as a 1705
25352535 service charge; 25 cents shall be remi tted to the property 1706
25362536 appraiser; and 25 cents shall be remitted to the department to 1707
25372537 defray the cost of manufacture and handling. Mobile home 1708
25382538 stickers and "RP" series stickers shall be of a size to be 1709
25392539 determined by the department. A mobile home sticker or " RP" 1710
25402540 series sticker shall be affixed to the lower left corner of the 1711
25412541 window closest to the street or road providing access to such 1712
25422542 residence. 1713
25432543 Section 56. Subsections (1) and (3) of section 320.0821, 1714
25442544 Florida Statutes, are amended to read: 1715
25452545 320.0821 Wrecker license plates.— 1716
25462546 (1) The department shall issue a wrecker license plate to 1717
25472547 the owner of any motor vehicle that is used to tow, carry, or 1718
25482548 otherwise transport motor vehicles and that is equipped for that 1719
25492549 purpose with a boom, winch, carrier, or other si milar equipment, 1720
25502550 except a motor vehicle registered under the International 1721
25512551 Registration Plan, upon application and payment of the 1722
25522552 appropriate license tax and fees in accordance with s. 1723
25532553 320.08(5)(d) or (e). 1724
25542554 (3) Any license plate issued under former s. 320.08(5)(e), 1725
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25632563 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25642564
25652565
25662566
25672567 Florida Statutes 2023, shall be in a distinctive color approved 1726
25682568 by the department. 1727
25692569 Section 57. Subsection (1) of section 320.083, Florida 1728
25702570 Statutes, is amended to read: 1729
25712571 320.083 Amateur radio operators; special license plates; 1730
25722572 fees.— 1731
25732573 (1) A person who is the owner or lessee of an automobile 1732
25742574 or truck for private use, a truck weighing not more than 7,999 1733
25752575 pounds, or a recreational vehicle as specified in former s. 1734
25762576 320.08(9)(c) or (d), Florida Statutes 2023, which is not used 1735
25772577 for hire or commercial use; who is a resident of the state; and 1736
25782578 who holds a valid official amateur radio station license 1737
25792579 recognized by the Federal Communications Commission shall be 1738
25802580 issued a special license plate upon application, accompanied by 1739
25812581 proof of ownership of such ra dio station license, and payment of 1740
25822582 the following tax and fees: 1741
25832583 (a) The license tax required for the vehicle, as 1742
25842584 prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), 1743
25852585 (c), (d), (e), or (f), or (9); and 1744
25862586 (b) an initial additional fee of $5, and a an additional 1745
25872587 fee of $1.50 thereafter. 1746
25882588 Section 58. Subsection (1) of section 320.0843, Florida 1747
25892589 Statutes, is amended to read: 1748
25902590 320.0843 License plates for persons with disabilities 1749
25912591 eligible for permanent disabled parking permits. — 1750
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26002600 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26012601
26022602
26032603
26042604 (1) Any owner or lessee of a motor vehicle classified in 1751
26052605 former s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), 1752
26062606 (6)(a), or (9)(c) or (d), Florida Statutes 2023, who resides in 1753
26072607 this state and qualifies for a disabled parking permit under s. 1754
26082608 320.0848(2), upon applicati on to the department and payment of 1755
26092609 the license tax for a motor vehicle registered under s. 1756
26102610 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or 1757
26112611 (9)(c) or (d), shall be issued a license plate as provided by s. 1758
26122612 320.06 which, in lieu of the serial number prescribed by s. 1759
26132613 320.06, shall be stamped with the international wheelchair user 1760
26142614 symbol after the serial number of the license plate. The license 1761
26152615 plate entitles the person to all privileges afforded by a 1762
26162616 parking permit issued under s. 320.0848. When more than one 1763
26172617 registrant is listed on the registration issued under this 1764
26182618 section, the eligible applicant shall be noted on the 1765
26192619 registration certificate. 1766
26202620 Section 59. Section 320.0847, Florida Statutes, is amended 1767
26212621 to read: 1768
26222622 320.0847 Mini truck and low -speed vehicle license plates. — 1769
26232623 (1) The department shall issue a license plate of to the 1770
26242624 owner or lessee of any vehicle registered as a low-speed vehicle 1771
26252625 as defined in s. 320.01 or a mini truck as defined in s. 320.01 1772
26262626 upon payment of the appropriate licen se taxes and fees 1773
26272627 prescribed in s. 320.08. 1774
26282628 (2) The license plate for a low -speed vehicle or mini 1775
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26372637 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26382638
26392639
26402640
26412641 truck shall comply with the provisions of s. 320.06. 1776
26422642 Section 60. Subsection (1), paragraph (a) of subsection 1777
26432643 (2), and subsection (3) of section 320.086, Florida Statutes, 1778
26442644 are amended to read: 1779
26452645 320.086 Ancient or antique motor vehicles; horseless 1780
26462646 carriage, antique, or historical license plates; former military 1781
26472647 vehicles.— 1782
26482648 (1) The owner of a motor vehicle for private use 1783
26492649 manufactured in model year 1945 or earlier and operated on the 1784
26502650 streets and highways of this state shall, upon application in 1785
26512651 the manner and at the time prescribed by the department and upon 1786
26522652 payment of the license tax for an ancient motor vehicle 1787
26532653 prescribed by s. 320.08(1)(g), (2)(a), or (3) (e), be issued a 1788
26542654 special license plate for such motor vehicle. The license plate 1789
26552655 shall be permanent and valid for use without renewal so long as 1790
26562656 the vehicle is in existence. In addition to the payment of all 1791
26572657 other fees required by law, the applicant shall pay such fee for 1792
26582658 the issuance of the special license plate as may be prescribed 1793
26592659 by the department commensurate with the cost of its manufacture. 1794
26602660 The registration numbers and special license plates assigned to 1795
26612661 such motor vehicles shall run in a separate num erical series, 1796
26622662 commencing with "Horseless Carriage No. 1," and the plates shall 1797
26632663 be of a distinguishing color. 1798
26642664 (2)(a) The owner of a motor vehicle for private use 1799
26652665 manufactured in a model year after 1945 and of the age of 30 1800
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26742674 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26752675
26762676
26772677
26782678 years or more after the model y ear and operated on the streets 1801
26792679 and highways of this state may, upon application in the manner 1802
26802680 and at the time prescribed by the department and upon payment of 1803
26812681 the license tax prescribed by s. 320.08(1)(g), (2)(a), or 1804
26822682 (3)(e), be issued a special license pl ate for such motor 1805
26832683 vehicle. In addition to the payment of all other fees required 1806
26842684 by law, the applicant shall pay the fee for the issuance of the 1807
26852685 special license plate prescribed by the department, commensurate 1808
26862686 with the cost of its manufacture. The registr ation numbers and 1809
26872687 special license plates assigned to such motor vehicles shall run 1810
26882688 in a separate numerical series, commencing with "Antique No. 1," 1811
26892689 and the plates shall be of a distinguishing color. The owner of 1812
26902690 the motor vehicle may, upon application and payment of the 1813
26912691 license tax prescribed by s. 320.08 , be issued a regular Florida 1814
26922692 license plate or specialty license plate in lieu of the special 1815
26932693 "Antique" license plate. 1816
26942694 (3) The owner of an ancient or antique firefighting 1817
26952695 apparatus, former military vehicl e, or other historical motor 1818
26962696 vehicle 30 years old or older which is used only in exhibitions, 1819
26972697 parades, or public display may, upon application in the manner 1820
26982698 and at the time prescribed by the department and upon payment of 1821
26992699 the license tax prescribed by s. 3 20.08(2)(a), be issued a 1822
27002700 license plate as prescribed in subsection (1) or subsection (2). 1823
27012701 License plates issued under this subsection shall be permanent 1824
27022702 and valid for use without renewal as long as the vehicle is in 1825
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27112711 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27122712
27132713
27142714
27152715 existence and its use is consistent with this subsection. 1826
27162716 Section 61. Paragraph (a) of subsection (3) of section 1827
27172717 320.0863, Florida Statutes, is amended to read: 1828
27182718 320.0863 Custom vehicles and street rods; registration and 1829
27192719 license plates.— 1830
27202720 (3) To register a street rod or custom vehicle, the owner 1831
27212721 shall apply to the department by submitting a completed 1832
27222722 application form and providing: 1833
27232723 (a) The license tax prescribed by s. 320.08(2)(a) and A 1834
27242724 processing fee of $3; 1835
27252725 Section 62. Subsection (1) of section 320.0875, Florida 1836
27262726 Statutes, is amended to read: 1837
27272727 320.0875 Purple Heart special motorcycle license plate. — 1838
27282728 (1) Upon application to the department and payment of the 1839
27292729 license tax for the motorcycle as provided in s. 320.08 , a 1840
27302730 resident of the state who owns or leases a motorcycle that is 1841
27312731 not used for hire or commercial use shall be issued a Purple 1842
27322732 Heart special motorcycle license plate if he or she provides 1843
27332733 documentation acceptable to the department that he or she is a 1844
27342734 recipient of the Purple Heart medal. 1845
27352735 Section 63. Section 320.089, Florida Statutes, is amended 1846
27362736 to read: 1847
27372737 320.089 Veterans of the United States Armed Forces; 1848
27382738 members of National Guard; survivors of Pearl Harbor; Purple 1849
27392739 Heart medal recipients; Bronze Star recipients; active or 1850
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27482748 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27492749
27502750
27512751
27522752 retired United States Armed Forces reservists; Combat Infantry 1851
27532753 Badge, Combat Medical Badge, or Combat Action Badge recipients; 1852
27542754 Combat Action Ribbon recipients; Air Force Combat Action Medal 1853
27552755 recipients; Distinguished Flying Cross recipients; former 1854
27562756 prisoners of war; Korean War Veterans; Vietnam War Veterans; 1855
27572757 Operation Desert Shield Veterans; Operation Desert Storm 1856
27582758 Veterans; Operation Enduring Freedom Veterans; Operation Iraqi 1857
27592759 Freedom Veterans; Women Veterans; World War II Veterans; Navy 1858
27602760 Submariners; and Army of Occupation Veterans; special license 1859
27612761 plates; fee.— 1860
27622762 (1)(a) Each owner or lessee of an automobile or truck for 1861
27632763 private use or recreational vehicle as specified in former s. 1862
27642764 320.08(9)(c) or (d), Florida Statutes 2023, which is not used 1863
27652765 for hire or commercial use, who is a resident of the state and a 1864
27662766 veteran of the United States Armed Forces, a Woman Veteran, a 1865
27672767 World War II Veteran, a Navy Submariner, an active or retired 1866
27682768 member of the Florida National Guard, a survivor of the attack 1867
27692769 on Pearl Harbor, a recipient of the Purple Heart medal, a 1868
27702770 recipient of the Bronze Star, an active or retired member of any 1869
27712771 branch of the United States Armed Forces Reserve, or a recipient 1870
27722772 of the Combat Infantry Badge, Combat Medical Badge, Combat 1871
27732773 Action Badge, Combat Action Ribbon, Air Force Combat Action 1872
27742774 Medal, or Distinguished Flying Cross, upon application to the 1873
27752775 department, accompanied by proof of release or discharge from 1874
27762776 any branch of the United States Armed Forces, proof of active 1875
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27852785 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27862786
27872787
27882788
27892789 membership or retired status in the Florida National Guard, 1876
27902790 proof of membership in the Pearl Harbor Survivors Association or 1877
27912791 proof of active military duty in Pearl Harbor on December 7, 1878
27922792 1941, proof of being a Purple Heart medal recipient, proof of 1879
27932793 being a Bronze Star recipient, proof of active or retired 1880
27942794 membership in any branch of the United Stat es Armed Forces 1881
27952795 Reserve, or proof of membership in the Combat Infantrymen's 1882
27962796 Association, Inc., or proof of being a recipient of the Combat 1883
27972797 Infantry Badge, Combat Medical Badge, Combat Action Badge, 1884
27982798 Combat Action Ribbon, Air Force Combat Action Medal, or 1885
27992799 Distinguished Flying Cross, and upon payment of the license tax 1886
28002800 for the vehicle as provided in s. 3 20.08, shall be issued a 1887
28012801 license plate as provided by s. 320.06 which, in lieu of the 1888
28022802 serial numbers prescribed by s. 320.06, is stamped with the 1889
28032803 words "Veteran," "Woman Veteran," "WWII Veteran," "Navy 1890
28042804 Submariner," "National Guard," "Pearl Harbor Survivor, " "Combat-1891
28052805 wounded veteran," "Bronze Star," "U.S. Reserve," "Combat 1892
28062806 Infantry Badge," "Combat Medical Badge," "Combat Action Badge," 1893
28072807 "Combat Action Ribbon," "Air Force Combat Action Medal," or 1894
28082808 "Distinguished Flying Cross," as appropriate, and a likeness of 1895
28092809 the related campaign medal or badge, followed by the serial 1896
28102810 number of the license plate. Additionally, the Purple Heart 1897
28112811 plate may have the words "Purple Heart" stamped on the plate and 1898
28122812 the likeness of the Purple Heart medal appearing on the plate. 1899
28132813 (b) The military members listed in paragraph (a) are 1900
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28222822 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28232823
28242824
28252825
28262826 eligible to be issued special veteran's motorcycle license 1901
28272827 plates. The veteran's motorcycle license plate design shall be 1902
28282828 the same as the design for the motor vehicle "Veteran" and 1903
28292829 "Woman Veteran" special licen se plate. The word "Veteran" or 1904
28302830 "Woman Veteran" shall be displayed at the bottom of the 1905
28312831 motorcycle license plate. 1906
28322832 (c) Notwithstanding any other provision of law to the 1907
28332833 contrary, beginning with fiscal year 2002 -2003 and annually 1908
28342834 thereafter, the first $100 ,000 in general revenue generated from 1909
28352835 the sale of license plates issued under this section shall be 1910
28362836 deposited into the Grants and Donations Trust Fund, as described 1911
28372837 in s. 296.38(2), to be used for the purposes established by law 1912
28382838 for that trust fund. Any a dditional general revenue generated 1913
28392839 from the sale of such plates shall be deposited into the 1914
28402840 Operations and Maintenance Trust Fund within the Department of 1915
28412841 Veterans' Affairs and used to support program operations that 1916
28422842 benefit veterans or the operation, mai ntenance, or construction 1917
28432843 of domiciliary and nursing homes for veterans, subject to the 1918
28442844 requirements of chapter 216. 1919
28452845 (d) Any revenue generated from the sale of Woman Veteran 1920
28462846 license plates must be deposited into the Operations and 1921
28472847 Maintenance Trust Fund administered by the Department of 1922
28482848 Veterans' Affairs pursuant to s. 20.375(3) and must be used 1923
28492849 solely for the purpose of creating and implementing programs to 1924
28502850 benefit women veterans. Notwithstanding any provisions of law to 1925
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28592859 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28602860
28612861
28622862
28632863 the contrary, an applicant for a Pearl Harbor Survivor license 1926
28642864 plate or a Purple Heart license plate who also qualifies for a 1927
28652865 disabled veteran's license plate under s. 320.084 shall be 1928
28662866 issued the appropriate special license plate without payment of 1929
28672867 the license tax imposed by s. 320.08. 1930
28682868 (2) Each owner or lessee of an automobile or truck for 1931
28692869 private use, a truck weighing not more than 7,999 pounds, or a 1932
28702870 recreational vehicle as specified in former s. 320.08(9)(c) or 1933
28712871 (d), Florida Statutes 2023, which is not used for hire or 1934
28722872 commercial use who is a resident of this state and who is a 1935
28732873 former prisoner of war, or his or her unremarried surviving 1936
28742874 spouse, upon application to the department, shall be issued a 1937
28752875 license plate as provided in s. 320.06, stamped with the words 1938
28762876 "Ex-POW" followed by the ser ial number. Each application shall 1939
28772877 be accompanied by proof that the applicant meets the 1940
28782878 qualifications specified in paragraph (a) or paragraph (b). 1941
28792879 (a) A citizen of the United States who served as a member 1942
28802880 of the Armed Forces of the United States or the armed forces of 1943
28812881 a nation allied with the United States who was held as a 1944
28822882 prisoner of war at such time as the Armed Forces of the United 1945
28832883 States were engaged in combat, or his or her unremarried 1946
28842884 surviving spouse, may be issued the special license plate 1947
28852885 provided for in this subsection without payment of the license 1948
28862886 tax imposed by s. 320.08 . 1949
28872887 (b) A person who was serving as a civilian with the 1950
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28962896 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28972897
28982898
28992899
29002900 consent of the United States Government, or a person who was a 1951
29012901 member of the Armed Forces of the United States while h e or she 1952
29022902 was not a United States citizen and was held as a prisoner of 1953
29032903 war when the Armed Forces of the United States were engaged in 1954
29042904 combat, or his or her unremarried surviving spouse, may be 1955
29052905 issued the special license plate provided for in this subsectio n 1956
29062906 upon payment of the license tax imposed by s. 320.08 . 1957
29072907 (3) Each owner or lessee of an automobile or truck for 1958
29082908 private use, a truck weighing not more than 7,999 pounds, or a 1959
29092909 recreational vehicle as specified in former s. 320.08(9)(c) or 1960
29102910 (d), Florida Statutes 2023, which is not used for hire or 1961
29112911 commercial use who is a resident of this state and who is the 1962
29122912 unremarried surviving spouse of a recipient of the Purple Heart 1963
29132913 medal, upon application to the department accompanied by the 1964
29142914 payment of the required fees , shall be issued a license plate as 1965
29152915 provided in s. 320.06 which is stamped with the words "Purple 1966
29162916 Heart" and the likeness of the Purple Heart medal followed by 1967
29172917 the serial number. Each application shall be accompanied by 1968
29182918 proof that the applicant is the unr emarried surviving spouse of 1969
29192919 a recipient of the Purple Heart medal. 1970
29202920 (4) The owner or lessee of an automobile or truck for 1971
29212921 private use, a truck weighing not more than 7,999 pounds, or a 1972
29222922 recreational vehicle as specified in former s. 320.08(9)(c) or 1973
29232923 (d), Florida Statutes 2023, which is not used for hire or 1974
29242924 commercial use who is a resident of this state and a current or 1975
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29332933 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29342934
29352935
29362936
29372937 former member of the United States Armed Forces who was deployed 1976
29382938 and served in Korea during the Korean War as defined in s. 1977
29392939 1.01(14), upon application to the department accompanied by 1978
29402940 proof of active membership or former active duty status during 1979
29412941 the Korean War and payment of the license tax for the vehicle as 1980
29422942 provided in s. 320.08 , shall be issued a license plate as 1981
29432943 provided by s. 320.06 whic h, in lieu of the registration license 1982
29442944 number prescribed by s. 320.06, is stamped with the words 1983
29452945 "Korean War Veteran" and a likeness of the Korean Service Medal, 1984
29462946 followed by the registration license number of the plate. Proof 1985
29472947 that the applicant was awarded the Korean Service Medal is 1986
29482948 sufficient to establish eligibility for the license plate. 1987
29492949 (5) The owner or lessee of an automobile or truck for 1988
29502950 private use, a truck weighing not more than 7,999 pounds, or a 1989
29512951 recreational vehicle as specified in former s. 320.08(9)(c) or 1990
29522952 (d), Florida Statutes 2023, which is not used for hire or 1991
29532953 commercial use who is a resident of this state and a current or 1992
29542954 former member of the United States military who was deployed and 1993
29552955 served in Vietnam during United States military deploym ent in 1994
29562956 Indochina, upon application to the department accompanied by 1995
29572957 proof of active membership or former active duty status during 1996
29582958 these operations and payment of the license tax for the vehicle 1997
29592959 as provided in s. 320.08 , shall be issued a license plate as 1998
29602960 provided by s. 320.06 which, in lieu of the registration license 1999
29612961 number prescribed by s. 320.06, is stamped with the words 2000
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29702970 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29712971
29722972
29732973
29742974 "Vietnam War Veteran" and a likeness of the Vietnam Service 2001
29752975 Medal, followed by the registration license number of the plate. 2002
29762976 Proof that the applicant was awarded the Vietnam Service Medal 2003
29772977 is sufficient to establish eligibility for the license plate. 2004
29782978 (6) The owner or lessee of an automobile or truck for 2005
29792979 private use, a truck weighing not more than 7,999 pounds, or a 2006
29802980 recreational vehicle as specified in former s. 320.08(9)(c) or 2007
29812981 (d), Florida Statutes 2023, which is not used for hire or 2008
29822982 commercial use who is a resident of this state and a current or 2009
29832983 former member of the United States military who was deployed and 2010
29842984 served in Saudi Arabia, Ku wait, or another area of the Persian 2011
29852985 Gulf during Operation Desert Shield or Operation Desert Storm; 2012
29862986 in Afghanistan during Operation Enduring Freedom; or in Iraq 2013
29872987 during Operation Iraqi Freedom, upon application to the 2014
29882988 department accompanied by proof of acti ve membership or former 2015
29892989 active duty status during one of these operations and payment of 2016
29902990 the license tax for the vehicle as provided in s. 320.08 , shall 2017
29912991 be issued a license plate as provided by s. 320.06 which, in 2018
29922992 lieu of the registration license number pr escribed by s. 320.06, 2019
29932993 is stamped with the words "Operation Desert Shield," "Operation 2020
29942994 Desert Storm," "Operation Enduring Freedom," or "Operation Iraqi 2021
29952995 Freedom," as appropriate, and a likeness of the related campaign 2022
29962996 medal followed by the registration lice nse number of the plate. 2023
29972997 Proof that the applicant was awarded the Southwest Asia Service 2024
29982998 Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, or 2025
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30073007 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30083008
30093009
30103010
30113011 Global War on Terrorism Expeditionary Medal is sufficient to 2026
30123012 establish eligibility for the appropriate licen se plate. 2027
30133013 (7) The owner or lessee of an automobile or truck for 2028
30143014 private use, a truck weighing not more than 7,999 pounds, or a 2029
30153015 recreational vehicle as specified in former s. 320.08(9)(c) or 2030
30163016 (d), Florida Statutes 2023, which is not used for hire or 2031
30173017 commercial use who is a resident of this state and a current or 2032
30183018 former member of the United States military who was permanently 2033
30193019 assigned to occupation forces in specific overseas locations 2034
30203020 during the Cold War between May 9, 1945, and October 2, 1990, 2035
30213021 upon application to the department accompanied by proof of 2036
30223022 active membership or former active duty status during this 2037
30233023 period at one of these locations and payment of the license tax 2038
30243024 for the vehicle as provided in s. 320.08 , shall be issued a 2039
30253025 license plate as provided by s. 320.06 which, in lieu of the 2040
30263026 registration license number prescribed by s. 320.06, is stamped 2041
30273027 with the words "Army of Occupation" and a likeness of the 2042
30283028 subject medal, followed by the registration license number of 2043
30293029 the plate. Proof that the applicant was awarded the Army of 2044
30303030 Occupation Medal is sufficient to establish eligibility for the 2045
30313031 license plate. 2046
30323032 Section 64. Subsections (3) and (5) of section 320.0891, 2047
30333033 Florida Statutes, are amended to read: 2048
30343034 320.0891 U.S. Paratroopers license plate. — 2049
30353035 (3) Each owner or lessee of an automobile or truck for 2050
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30443044 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30453045
30463046
30473047
30483048 private use, truck weighing not more than 7,999 pounds, or 2051
30493049 recreational vehicle as specified in former s. 320.08(9)(c) or 2052
30503050 (d), Florida Statutes 2023, which is not used for hire or 2053
30513051 commercial use, who is a re sident of this state and who meets 2054
30523052 the qualifications contained in subsection (2) shall, upon 2055
30533053 application therefor to the department, with the payment of the 2056
30543054 taxes and fees described in subsection (5), be issued a U.S. 2057
30553055 Paratroopers license plate. Each appl ication must be accompanied 2058
30563056 by proof that the applicant has been decorated as a parachutist, 2059
30573057 has completed the U.S. Army Jump School, or has completed U.S. 2060
30583058 Army Air Assault School. 2061
30593059 (5) Each request must be made annually to the department, 2062
30603060 accompanied by the following tax and fees: 2063
30613061 (a) The license tax required for the vehicle as set forth 2064
30623062 in s. 320.08. 2065
30633063 (a)(b) A processing fee of $2. 2066
30643064 (b)(c) A license plate fee as required under s. 2067
30653065 320.06(1)(b). 2068
30663066 (c)(d) A license plate annual use fee of $20. 2069
30673067 Section 65. Section 320.0892, Florida Statutes, is amended 2070
30683068 to read: 2071
30693069 320.0892 Motor vehicle license plates for recipients of 2072
30703070 the Silver Star, Distinguished Service Cross, Navy Cross, or Air 2073
30713071 Force Cross.—Upon receipt of an application and proof that the 2074
30723072 applicant meets the qualifications listed in this section for 2075
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30813081 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30823082
30833083
30843084
30853085 the applicable license plate, the department shall issue the 2076
30863086 applicable license plate to the applicant without payment of the 2077
30873087 license tax imposed under s. 320.08 : 2078
30883088 (1) SILVER STAR.—Any United States citizen who is a 2079
30893089 resident of Florida and who was awarded the Silver Star while 2080
30903090 serving as a member of the United States Armed Forces shall be 2081
30913091 issued a license plate on which is stamped the words "Silver 2082
30923092 Star" followed by the serial number. 2083
30933093 (2) DISTINGUISHED SERVICE CROSS.—Any United States citizen 2084
30943094 who is a resident of Florida and who was awarded the 2085
30953095 Distinguished Service Cross while serving as a member of the 2086
30963096 United States Armed Forces shall be issued a license plate on 2087
30973097 which is stamped the words "Distingu ished Service Cross" 2088
30983098 followed by the serial number. 2089
30993099 (3) NAVY CROSS.—Any United States citizen who is a 2090
31003100 resident of Florida and who was awarded the Navy Cross while 2091
31013101 serving as a member of the United States Armed Forces shall be 2092
31023102 issued a license plate on w hich is stamped the words "Navy 2093
31033103 Cross" followed by the serial number. 2094
31043104 (4) AIR FORCE CROSS. —Any United States citizen who is a 2095
31053105 resident of Florida and who was awarded the Air Force Cross 2096
31063106 while serving as a member of the United States Armed Forces 2097
31073107 shall be issued a license plate on which is stamped the words 2098
31083108 "Air Force Cross" followed by the serial number. 2099
31093109 Section 66. Section 320.0893, Florida Statutes, is amended 2100
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31183118 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31193119
31203120
31213121
31223122 to read: 2101
31233123 320.0893 Motor vehicle license plates to recipients of the 2102
31243124 Medal of Honor.—Any United States citizen who is a resident of 2103
31253125 Florida and who was awarded the Medal of Honor while serving as 2104
31263126 a member of the United States Armed Forces may , upon application 2105
31273127 to the department, be issued a license plate on which is stamped 2106
31283128 the words "Medal of Honor" followed by the serial number . upon 2107
31293129 submission to the department of an the application and proof 2108
31303130 that the applicant meets the above qualifications the plate 2109
31313131 shall be issued without payment of the license tax imposed by s. 2110
31323132 320.08. 2111
31333133 Section 67. Paragraph (a) of subsection (3) of section 2112
31343134 320.0894, Florida Statutes, is amended to read: 2113
31353135 320.0894 Motor vehicle license plates to Gold Star family 2114
31363136 members.—The department shall develop a special license plate 2115
31373137 honoring the family members of servicemembe rs who have been 2116
31383138 killed while serving in the Armed Forces of the United States. 2117
31393139 The license plate shall be officially designated as the Gold 2118
31403140 Star license plate and shall be developed and issued as provided 2119
31413141 in this section. 2120
31423142 (3)(a) Each owner or lessee of an automobile or truck for 2121
31433143 private use, truck weighing not more than 7,999 pounds, or 2122
31443144 recreational vehicle as specified in former s. 320.08(9)(c) or 2123
31453145 (d), Florida Statutes 2023, which automobile, truck, or vehicle 2124
31463146 is not used for hire or commercial use, who is a resident of 2125
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31553155 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31563156
31573157
31583158
31593159 this state, and who meets the qualifications provided in 2126
31603160 subsection (4) shall, upon application therefor to the 2127
31613161 department and payment of the license tax and appropriate fees 2128
31623162 established in this chapter, be issued a Gold Star license 2129
31633163 plate. Each initial application for a Gold Star license plate 2130
31643164 must be accompanied by proof that the applicant meets the 2131
31653165 requirements provided in subsection (4). 2132
31663166 Section 68. Section 320.102, Florida Statutes, is amended 2133
31673167 to read: 2134
31683168 320.102 Marine boat traile rs owned by nonprofit 2135
31693169 organizations; exemptions. —The registration or renewal of a 2136
31703170 registration of any marine boat trailer owned and operated by a 2137
31713171 nonprofit organization that is exempt from federal income tax 2138
31723172 under s. 501(c)(3) of the Internal Revenue Code and which is 2139
31733173 used exclusively in carrying out its customary nonprofit 2140
31743174 activities is exempt from paying the fees, taxes, surcharges, 2141
31753175 and charges in ss. 320.03(5), (6), and (9), 320.031(2), 2142
31763176 320.04(1), 320.06(1)(b) and (3)(b), and 320.0801, 320.0802, 2143
31773177 320.0804, and 320.08046. 2144
31783178 Section 69. Section 320.13, Florida Statutes, is amended 2145
31793179 to read: 2146
31803180 320.13 Dealer and manufacturer license plates and 2147
31813181 alternative method of registration. — 2148
31823182 (1)(a) Any licensed motor vehicle dealer and any licensed 2149
31833183 mobile home dealer m ay, upon payment of the license tax imposed 2150
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31923192 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31933193
31943194
31953195
31963196 by s. 320.08(12), secure one or more dealer license plates, 2151
31973197 which are valid for use on motor vehicles or mobile homes owned 2152
31983198 by the dealer to whom such plates are issued while the motor 2153
31993199 vehicles are in inventory a nd for sale, or while being operated 2154
32003200 in connection with such dealer's business, but are not valid for 2155
32013201 use for hire. Dealer license plates may not be used on any tow 2156
32023202 truck or wrecker unless the tow truck or wrecker is being 2157
32033203 demonstrated for sale, and the de aler license plates may not be 2158
32043204 used on a vehicle used to transport another motor vehicle for 2159
32053205 the motor vehicle dealer. 2160
32063206 (b)1. Marine boat trailer dealers and manufacturers may , 2161
32073207 upon payment of the license taxes imposed by s. 320.08(12), 2162
32083208 secure one or more dealer plates, which are valid for use on 2163
32093209 boat trailers owned by the dealer to whom such plates are issued 2164
32103210 while being used in connection with such dealer's business, but 2165
32113211 are not valid for use for hire. 2166
32123212 2. It is the intent of the Legislature that the me thod 2167
32133213 currently used to license marine boat trailer dealers to do 2168
32143214 business in the state, that is, by an occupational license 2169
32153215 issued by the city or county, not be changed. The department 2170
32163216 shall not interpret this act to mean that it is empowered to 2171
32173217 license such dealers to do business. An occupational license tax 2172
32183218 certificate shall be sufficient proof upon which the department 2173
32193219 may issue dealer license plates. 2174
32203220 (c) A dealer of heavy trucks as defined in s. 320.01(10) , 2175
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32293229 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32303230
32313231
32323232
32333233 upon payment of the license tax imposed by s . 320.08(12), may 2176
32343234 secure one or more dealer license plates that are valid for use 2177
32353235 on vehicles owned by the dealer to whom such plates are issued 2178
32363236 while the heavy trucks are in inventory and for sale and are 2179
32373237 being used only in the state for demonstration pur poses. The 2180
32383238 license plates may be used for demonstration purposes for a 2181
32393239 period not to exceed 24 hours. The license plates must be 2182
32403240 validated on a form prescribed by the department and must be 2183
32413241 retained in the vehicle being operated. 2184
32423242 (2) A licensed manufactu rer, importer, or distributor of 2185
32433243 motor vehicles may, upon payment of the license tax imposed by 2186
32443244 s. 320.08(12), secure one or more manufacturer license plates, 2187
32453245 which are valid for use on motor vehicles owned by the 2188
32463246 manufacturer, importer, or distributor to whom such plates are 2189
32473247 issued while the motor vehicles are in inventory and for sale, 2190
32483248 being operated for demonstration purposes, or in connection with 2191
32493249 the manufacturer's business, but are not valid for use for hire. 2192
32503250 (3) When a licensed dealer or a marine b oat trailer dealer 2193
32513251 chooses to register any motor vehicle or boat trailer he or she 2194
32523252 owns and has for sale and secure a regular motor vehicle license 2195
32533253 plate therefor, the dealer may, upon sale thereof, submit to the 2196
32543254 department a transfer fee of $4.50 and an a pplication for 2197
32553255 transfer of the license plate to a comparable motor vehicle or 2198
32563256 boat trailer owned by the dealer of the same weight series as 2199
32573257 set forth under former s. 320.08, Florida Statutes 2023 . 2200
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32663266 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32673267
32683268
32693269
32703270 Section 70. Subsections (1) and (3) of section 320.133, 2201
32713271 Florida Statutes, are amended to read: 2202
32723272 320.133 Transporter license plates. — 2203
32733273 (1) The department is authorized to issue a transporter 2204
32743274 license plate to any applicant who, incidental to the conduct of 2205
32753275 his or her business, engages in the transporting of mo tor 2206
32763276 vehicles which are not currently registered to any owner and 2207
32773277 which do not have license plates, upon payment of the license 2208
32783278 tax imposed by s. 320.08(15) for each such license plate and 2209
32793279 upon proof of liability insurance coverage in the amount of 2210
32803280 $100,000 or more. Such a transporter license plate is valid for 2211
32813281 use on any motor vehicle in the possession of the transporter 2212
32823282 while the motor vehicle is being transported in the course of 2213
32833283 the transporter's business. 2214
32843284 (3) A license plate issued under this section is valid for 2215
32853285 a period of 12 months, beginning January 1 and ending December 2216
32863286 31. No refund of the license tax imposed may be provided for any 2217
32873287 unexpired portion of a license period. 2218
32883288 Section 71. Subsection (1) of section 320.203, Florida 2219
32893289 Statutes, is amended to read: 2220
32903290 320.203 Disposition of biennial license tax moneys. — 2221
32913291 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or 2222
32923292 (b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 2223
32933293 and pursuant to s. 216.351, after the provisions of s. 2224
32943294 320.20(1), (2), (3), (4), and (5) are fulfilled, an amount equal 2225
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33033303 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33043304
33053305
33063306
33073307 to 50 percent of revenues collected from the biennial 2226
33083308 registrations created in s. 320.07 shall be retained in the 2227
33093309 Motor Vehicle License Clearing Trust Fund, authorized in s. 2228
33103310 215.32(2)(b)2.f., until July 1. After July 1 of the subsequent 2229
33113311 fiscal year, an amount equal to 50 percent of revenues collected 2230
33123312 from the biennial registrations created in s. 320.07 shall be 2231
33133313 distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b), 2232
33143314 (6), (7), (8), (9), (10), or (11 ), 320.08058 and, 328.76, and 2233
33153315 320.20(1), (2), (3), (4), and (5) . 2234
33163316 Section 72. Paragraph (c) of subsection (1) of section 2235
33173317 320.27, Florida Statutes, is amended to read: 2236
33183318 320.27 Motor vehicle dealers. — 2237
33193319 (1) DEFINITIONS.—The following words, terms, and ph rases 2238
33203320 when used in this section have the meanings respectively 2239
33213321 ascribed to them in this subsection, except where the context 2240
33223322 clearly indicates a different meaning: 2241
33233323 (c) "Motor vehicle dealer" means any person engaged in the 2242
33243324 business of buying, selling, or dealing in motor vehicles or 2243
33253325 offering or displaying motor vehicles for sale at wholesale or 2244
33263326 retail, or who may service and repair motor vehicles pursuant to 2245
33273327 an agreement as defined in s. 320.60(1). Any person who buys, 2246
33283328 sells, or deals in three or more mot or vehicles in any 12 -month 2247
33293329 period or who offers or displays for sale three or more motor 2248
33303330 vehicles in any 12-month period shall be prima facie presumed to 2249
33313331 be engaged in such business. The terms "selling" and "sale" 2250
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33403340 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33413341
33423342
33433343
33443344 include lease-purchase transactions. A mo tor vehicle dealer may, 2251
33453345 at retail or wholesale, sell a recreational vehicle as described 2252
33463346 in s. 320.01(1)(b)1. -6. and 8., acquired in exchange for the 2253
33473347 sale of a motor vehicle, provided such acquisition is incidental 2254
33483348 to the principal business of being a moto r vehicle dealer. 2255
33493349 However, a motor vehicle dealer may not buy a recreational 2256
33503350 vehicle for the purpose of resale unless licensed as a 2257
33513351 recreational vehicle dealer pursuant to s. 320.771. A motor 2258
33523352 vehicle dealer may apply for a certificate of title to a motor 2259
33533353 vehicle required to be registered under former s. 320.08(2)(b), 2260
33543354 (c), and (d), Florida Statutes 2023, using a manufacturer's 2261
33553355 statement of origin as permitted by s. 319.23(1), only if such 2262
33563356 dealer is authorized by a franchised agreement as defined in s. 2263
33573357 320.60(1), to buy, sell, or deal in such vehicle and is 2264
33583358 authorized by such agreement to perform delivery and preparation 2265
33593359 obligations and warranty defect adjustments on the motor 2266
33603360 vehicle; provided this limitation shall not apply to 2267
33613361 recreational vehicles, van conv ersions, or any other motor 2268
33623362 vehicle manufactured on a truck chassis. The transfer of a motor 2269
33633363 vehicle by a dealer not meeting these qualifications shall be 2270
33643364 titled as a used vehicle. The classifications of motor vehicle 2271
33653365 dealers are defined as follows: 2272
33663366 1. "Franchised motor vehicle dealer" means any person who 2273
33673367 engages in the business of repairing, servicing, buying, 2274
33683368 selling, or dealing in motor vehicles pursuant to an agreement 2275
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33773377 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33783378
33793379
33803380
33813381 as defined in s. 320.60(1). 2276
33823382 2. "Independent motor vehicle dealer" means any pers on 2277
33833383 other than a franchised or wholesale motor vehicle dealer who 2278
33843384 engages in the business of buying, selling, or dealing in motor 2279
33853385 vehicles, and who may service and repair motor vehicles. 2280
33863386 3. "Wholesale motor vehicle dealer" means any person who 2281
33873387 engages exclusively in the business of buying, selling, or 2282
33883388 dealing in motor vehicles at wholesale or with motor vehicle 2283
33893389 auctions. Such person shall be licensed to do business in this 2284
33903390 state, shall not sell or auction a vehicle to any person who is 2285
33913391 not a licensed deale r, and shall not have the privilege of the 2286
33923392 use of dealer license plates. Any person who buys, sells, or 2287
33933393 deals in motor vehicles at wholesale or with motor vehicle 2288
33943394 auctions on behalf of a licensed motor vehicle dealer and as a 2289
33953395 bona fide employee of such lic ensed motor vehicle dealer is not 2290
33963396 required to be licensed as a wholesale motor vehicle dealer. In 2291
33973397 such cases it shall be prima facie presumed that a bona fide 2292
33983398 employer-employee relationship exists. A wholesale motor vehicle 2293
33993399 dealer shall be exempt from the display provisions of this 2294
34003400 section but shall maintain an office wherein records are kept in 2295
34013401 order that those records may be inspected. 2296
34023402 4. "Motor vehicle auction" means any person offering motor 2297
34033403 vehicles or recreational vehicles for sale to the highest bi dder 2298
34043404 where buyers are licensed motor vehicle dealers. Such person 2299
34053405 shall not sell a vehicle to anyone other than a licensed motor 2300
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34143414 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34153415
34163416
34173417
34183418 vehicle dealer. 2301
34193419 5. "Salvage motor vehicle dealer" means any person who 2302
34203420 engages in the business of acquiring salvaged or wrecked motor 2303
34213421 vehicles for the purpose of reselling them and their parts. 2304
34223422 2305
34233423 The term "motor vehicle dealer" does not include persons not 2306
34243424 engaged in the purchase or sale of motor vehicles as a business 2307
34253425 who are disposing of vehicles acquired for their own use or for 2308
34263426 use in their business or acquired by foreclosure or by operation 2309
34273427 of law, provided such vehicles are acquired and sold in good 2310
34283428 faith and not for the purpose of avoiding the provisions of this 2311
34293429 law; persons engaged in the business of manufacturing, se lling, 2312
34303430 or offering or displaying for sale at wholesale or retail no 2313
34313431 more than 25 trailers in a 12 -month period; public officers 2314
34323432 while performing their official duties; receivers; trustees, 2315
34333433 administrators, executors, guardians, or other persons appointed 2316
34343434 by, or acting under the judgment or order of, any court; banks, 2317
34353435 finance companies, or other loan agencies that acquire motor 2318
34363436 vehicles as an incident to their regular business; motor vehicle 2319
34373437 brokers; and motor vehicle rental and leasing companies that 2320
34383438 sell motor vehicles to motor vehicle dealers licensed under this 2321
34393439 section. Vehicles owned under circumstances described in this 2322
34403440 paragraph may be disposed of at retail, wholesale, or auction, 2323
34413441 unless otherwise restricted. A manufacturer of fire trucks, 2324
34423442 ambulances, or school buses may sell such vehicles directly to 2325
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34513451 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34523452
34533453
34543454
34553455 governmental agencies or to persons who contract to perform or 2326
34563456 provide firefighting, ambulance, or school transportation 2327
34573457 services exclusively to governmental agencies without processing 2328
34583458 such sales through d ealers if such fire trucks, ambulances, 2329
34593459 school buses, or similar vehicles are not presently available 2330
34603460 through motor vehicle dealers licensed by the department. 2331
34613461 Section 73. Subsection (2) of section 320.57, Florida 2332
34623462 Statutes, is amended to read: 2333
34633463 320.57 Penalties for violations of this chapter. — 2334
34643464 (2) The owner of a truck tractor and semitrailer 2335
34653465 combination or commercial truck and trailer combination , the 2336
34663466 actual gross vehicle weight of which exceeds the declared weight 2337
34673467 for registration purposes under former s. 320.08(4), Florida 2338
34683468 Statutes 2023 must, is required to pay to the department the 2339
34693469 difference between the license tax amount paid and the required 2340
34703470 license tax due for the proper gross vehicle weight prescribed 2341
34713471 by s. 320.08(4), plus a civil penalty of $ 50. 2342
34723472 Section 74. Paragraph (a) of subsection (1) of section 2343
34733473 320.771, Florida Statutes, is amended to read: 2344
34743474 320.771 License required of recreational vehicle dealers. — 2345
34753475 (1) DEFINITIONS.—As used in this section, the term: 2346
34763476 (a)1. "Dealer" means any pers on engaged in the business of 2347
34773477 buying, selling, or dealing in recreational vehicles or offering 2348
34783478 or displaying recreational vehicles for sale. The term "dealer" 2349
34793479 includes a recreational vehicle broker. Any person who buys, 2350
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34883488 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34893489
34903490
34913491
34923492 sells, deals in, or offers or displa ys for sale, or who acts as 2351
34933493 the agent for the sale of, one or more recreational vehicles in 2352
34943494 any 12-month period shall be prima facie presumed to be a 2353
34953495 dealer. The terms "selling" and "sale" include lease -purchase 2354
34963496 transactions. The term "dealer" does not inc lude banks, credit 2355
34973497 unions, and finance companies that acquire recreational vehicles 2356
34983498 as an incident to their regular business and does not include 2357
34993499 mobile home rental and leasing companies that sell recreational 2358
35003500 vehicles to dealers licensed under this sectio n. 2359
35013501 2. A licensed dealer may transact business in recreational 2360
35023502 vehicles with a motor vehicle auction as defined in s. 2361
35033503 320.27(1)(c)4. Further, a licensed dealer may, at retail or 2362
35043504 wholesale, sell a motor vehicle, as described in s. 2363
35053505 320.01(1)(a), acquired in exchange for the sale of a 2364
35063506 recreational vehicle, if the acquisition is incidental to the 2365
35073507 principal business of being a recreational vehicle dealer. 2366
35083508 However, a recreational vehicle dealer may not buy a motor 2367
35093509 vehicle for the purpose of resale unless license d as a motor 2368
35103510 vehicle dealer pursuant to s. 320.27. A dealer may apply for a 2369
35113511 certificate of title to a recreational vehicle required to be 2370
35123512 registered under former s. 320.08(9), Florida Statutes 2023, 2371
35133513 using a manufacturer's statement of origin as permitted b y s. 2372
35143514 319.23(1), only if the dealer is authorized by a 2373
35153515 manufacturer/dealer agreement, as defined in s. 320.3202, on 2374
35163516 file with the department, to buy, sell, or deal in that 2375
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35253525 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
35263526
35273527
35283528
35293529 particular line-make of recreational vehicle, and the dealer is 2376
35303530 authorized by the man ufacturer/dealer agreement to perform 2377
35313531 delivery and preparation obligations and warranty defect 2378
35323532 adjustments on that line -make. 2379
35333533 Section 75. Section 322.025, Florida Statutes, is amended 2380
35343534 to read: 2381
35353535 322.025 Driver improvement. —The department may implement 2382
35363536 programs to improve the driving ability of the drivers of this 2383
35373537 state. Such programs may include, but shall not be limited to, 2384
35383538 safety awareness campaigns, driver training, and licensing 2385
35393539 improvement. Motorcycle driver improvement programs implemented 2386
35403540 pursuant to this section or s. 322.0255 may be funded by the 2387
35413541 motorcycle safety education fee collected pursuant to s. 2388
35423542 320.08(1)(c), which shall be deposited in the Highway Safety 2389
35433543 Operating Trust Fund. 2390
35443544 Section 76. Subsection (1) of section 322.0255, Florida 2391
35453545 Statutes, is amended to read: 2392
35463546 322.0255 Florida Motorcycle Safety Education Program. — 2393
35473547 (1) The department shall establish a Florida Motorcycle 2394
35483548 Safety Education Program. The program shall be funded as 2395
35493549 provided by ss. 320.08 and 322.025. 2396
35503550 Section 77. Paragraph (b) of subsection (2) of section 2397
35513551 339.139, Florida Statutes, is amended to read: 2398
35523552 339.139 Transportation debt assessment. — 2399
35533553 (2) The department shall provide a debt and debt -like 2400
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35623562 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
35633563
35643564
35653565
35663566 contractual obligations load report to the Executive Office of 2401
35673567 the Governor, the President of the Senate, the Speaker of the 2402
35683568 House of Representatives, and the legislative appropriations 2403
35693569 committees in conjunction with the tentative work program 2404
35703570 required under s. 339.135. The debt and debt -like contractual 2405
35713571 obligations load repo rt must include the following data on 2406
35723572 current and planned department commitments that are payable from 2407
35733573 the State Transportation Trust Fund: 2408
35743574 (b) Funding for seaports which has been pledged to the 2409
35753575 payment of principal and interest on bonds issued by the Fl orida 2410
35763576 Ports Financing Commission pursuant to s. 320.20. 2411
35773577 Section 78. Section 553.382, Florida Statutes, is amended 2412
35783578 to read: 2413
35793579 553.382 Placement of certain housing. —Notwithstanding any 2414
35803580 other law or ordinance to the contrary, in order to expand the 2415
35813581 availability of affordable housing in this state, any 2416
35823582 residential manufactured building that is certified under this 2417
35833583 chapter by the department may be placed on a mobile home lot in 2418
35843584 a mobile home park, recreational vehicle park, or mobile home 2419
35853585 condominium, cooperative, or subdivision. Any such housing unit 2420
35863586 placed on a mobile home lot is a mobile home for purposes of 2421
35873587 chapter 723 and, therefore, all rights, obligations, and duties 2422
35883588 under chapter 723 apply, including the specifics of the 2423
35893589 prospectus. However, a housing unit subject to this section may 2424
35903590 not be placed on a mobile home lot without the prior written 2425
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35993599 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36003600
36013601
36023602
36033603 approval of the park owner. Each housing unit subject to this 2426
36043604 section shall be taxed as a mobile home under s. 320.08(11) and 2427
36053605 is subject to payments to the Flori da Mobile Home Relocation 2428
36063606 Fund under s. 723.06116. 2429
36073607 Section 79. Subsection (4) of section 765.5155, Florida 2430
36083608 Statutes, is amended to read: 2431
36093609 765.5155 Donor registry; education program. — 2432
36103610 (4) Costs for the donor registry and education program 2433
36113611 shall be paid by the agency from the funds deposited into the 2434
36123612 Health Care Trust Fund pursuant to s. 322.08 ss. 320.08047 and 2435
36133613 322.08, which are designated for maintaining the donor registry 2436
36143614 and education program. In addition, the contractor may receive 2437
36153615 and use voluntary contributions to help support the registry and 2438
36163616 provide education. 2439
36173617 Section 80. Section 322.21, Florida Statutes, is amended 2440
36183618 to read: 2441
36193619 322.21 Driver licenses; department duties License fees; 2442
36203620 procedure for handling and collecting fees .— 2443
36213621 (1) Except as otherwise provided herein, the fee for: 2444
36223622 (a) An original or renewal commercial driver license is 2445
36233623 $75, which shall include the fee for driver education provided 2446
36243624 by s. 1003.48. However, if an applicant has completed training 2447
36253625 and is applying for employmen t or is currently employed in a 2448
36263626 public or nonpublic school system that requires the commercial 2449
36273627 license, the fee is the same as for a Class E driver license. A 2450
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36363636 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36373637
36383638
36393639
36403640 delinquent fee of $15 shall be added for a renewal within 12 2451
36413641 months after the license expiration date. 2452
36423642 (b) An original Class E driver license is $48, which 2453
36433643 includes the fee for driver education provided by s. 1003.48. 2454
36443644 However, if an applicant has completed training and is applying 2455
36453645 for employment or is currently employed in a public or nonpublic 2456
36463646 school system that requires a commercial driver license, the fee 2457
36473647 is the same as for a Class E license. 2458
36483648 (c) The renewal or extension of a Class E driver license 2459
36493649 or of a license restricted to motorcycle use only is $48, except 2460
36503650 that a delinquent fee of $15 shall be added for a renewal or 2461
36513651 extension made within 12 months after the license expiration 2462
36523652 date. The fee provided in this paragraph includes the fee for 2463
36533653 driver education provided by s. 1003.48. 2464
36543654 (d) An original driver license restricted to motorcycle 2465
36553655 use only is $48, which includes the fee for driver education 2466
36563656 provided by s. 1003.48. 2467
36573657 (e) A replacement driver license issued pursuant to s. 2468
36583658 322.17 is $25. Of this amount $7 shall be deposited into the 2469
36593659 Highway Safety Operating Trust Fund and $18 shall be de posited 2470
36603660 into the General Revenue Fund. Beginning July 1, 2015, or upon 2471
36613661 completion of the transition of driver license issuance 2472
36623662 services, if the replacement driver license is issued by the tax 2473
36633663 collector, the tax collector shall retain the $7 that would 2474
36643664 otherwise be deposited into the Highway Safety Operating Trust 2475
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36733673 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
36743674
36753675
36763676
36773677 Fund and the remaining revenues shall be deposited into the 2476
36783678 General Revenue Fund. 2477
36793679 (f) An original, renewal, or replacement identification 2478
36803680 card issued pursuant to s. 322.051 is $25. 2479
36813681 1. An applicant who meets any of the following criteria is 2480
36823682 exempt from the fee under this paragraph for an original, 2481
36833683 renewal, or replacement identification card: 2482
36843684 a. The applicant presents a valid Florida voter's 2483
36853685 registration card to the department and attests that h e or she 2484
36863686 is experiencing a financial hardship. 2485
36873687 b. The applicant presents evidence satisfactory to the 2486
36883688 department that he or she is homeless as defined in s. 2487
36893689 414.0252(7). 2488
36903690 c. The applicant presents evidence satisfactory to the 2489
36913691 department that his or her annual income is at or below 100 2490
36923692 percent of the federal poverty level. 2491
36933693 d. The applicant is a juvenile offender who is in the 2492
36943694 custody or under the supervision of the Department of Juvenile 2493
36953695 Justice, who is receiving services pursuant to s. 985.461, and 2494
36963696 whose identification card is issued by the department's mobile 2495
36973697 issuing units. 2496
36983698 2. Pursuant to s. 322.051(10), an applicant who is 80 2497
36993699 years of age or older and whose driving privilege is denied due 2498
37003700 to failure to pass a vision test administered pursuant to s. 2499
37013701 322.18(5) is exempt from the fee under this paragraph for an 2500
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37103710 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37113711
37123712
37133713
37143714 original identification card. 2501
37153715 3. Funds collected from fees for original, renewal, or 2502
37163716 replacement identification cards shall be distributed as 2503
37173717 follows: 2504
37183718 a. For an original identification card i ssued pursuant to 2505
37193719 s. 322.051, the fee shall be deposited into the General Revenue 2506
37203720 Fund. 2507
37213721 b. For a renewal identification card issued pursuant to s. 2508
37223722 322.051, $6 shall be deposited into the Highway Safety Operating 2509
37233723 Trust Fund, and $19 shall be deposited int o the General Revenue 2510
37243724 Fund. 2511
37253725 c. For a replacement identification card issued pursuant 2512
37263726 to s. 322.051, $9 shall be deposited into the Highway Safety 2513
37273727 Operating Trust Fund, and $16 shall be deposited into the 2514
37283728 General Revenue Fund. Beginning July 1, 2015, or u pon completion 2515
37293729 of the transition of the driver license issuance services, if 2516
37303730 the replacement identification card is issued by the tax 2517
37313731 collector, the tax collector shall retain the $9 that would 2518
37323732 otherwise be deposited into the Highway Safety Operating Trust 2519
37333733 Fund and the remaining revenues shall be deposited into the 2520
37343734 General Revenue Fund. 2521
37353735 (g) Each endorsement required by s. 322.57 is $7. 2522
37363736 (h) A hazardous-materials endorsement, as required by s. 2523
37373737 322.57(1)(e), shall be set by the department by rule and must 2524
37383738 reflect the cost of the required criminal history check, 2525
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37473747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37483748
37493749
37503750
37513751 including the cost of the state and federal fingerprint check, 2526
37523752 and the cost to the department of providing and issuing the 2527
37533753 license. The fee shall not exceed $100. This fee shall be 2528
37543754 deposited in the Highway Safety Operating Trust Fund. The 2529
37553755 department may adopt rules to administer this section. 2530
37563756 (1)(2) It is the duty of the director of the Division of 2531
37573757 Motorist Services to set up a division in the department with 2532
37583758 the necessary personnel to perform the n ecessary clerical and 2533
37593759 routine work for the department in issuing and recording 2534
37603760 applications, licenses, and certificates of eligibility, 2535
37613761 including the receiving and accounting of all license funds and 2536
37623762 their payment into the State Treasury, and other incidental 2537
37633763 clerical work connected with the administration of this chapter. 2538
37643764 The department may use such electronic, mechanical, or other 2539
37653765 devices as necessary to accomplish the purposes of this chapter. 2540
37663766 (2)(3) The department shall prepare sufficient forms for 2541
37673767 certificates of eligibility, applications, notices, and license 2542
37683768 materials to supply all applicants for driver licenses and all 2543
37693769 renewal licenses. 2544
37703770 (3)(4) If the department determines from its records or is 2545
37713771 otherwise satisfied that the holder of a license abo ut to expire 2546
37723772 is entitled to have it renewed, the department shall mail a 2547
37733773 renewal notice to the licensee at his or her last known address , 2548
37743774 within 30 days before the licensee's birthday. The licensee 2549
37753775 shall be issued a renewal license, after reexamination, if 2550
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37843784 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
37853785
37863786
37873787
37883788 required, during the 30 days immediately preceding his or her 2551
37893789 birthday upon presenting a renewal notice and, his or her 2552
37903790 current license, and the fee for renewal to the department at 2553
37913791 any driver license examining office. 2554
37923792 (5) The department shall collect a nd transmit all fees 2555
37933793 received by it under this section to the Chief Financial Officer 2556
37943794 to be deposited into the General Revenue Fund, and sufficient 2557
37953795 funds for the necessary expenses of the department shall be 2558
37963796 included in the appropriations act. The fees sha ll be used for 2559
37973797 the maintenance and operation of the department. 2560
37983798 (6) Any member of the Armed Forces or his or her spouse, 2561
37993799 daughter, son, stepdaughter, or stepson, who holds a Florida 2562
38003800 driver license and who presents an affidavit showing that he or 2563
38013801 she was out of the state due to service in the Armed Forces of 2564
38023802 the United States at the time of license expiration is exempt 2565
38033803 from paying the delinquent fee if the application for renewal is 2566
38043804 made within 15 months after the expiration of his or her license 2567
38053805 and within 90 days after the date of discharge or transfer to a 2568
38063806 military or naval establishment in this state as shown in the 2569
38073807 affidavit. However, such a person is not exempt from any 2570
38083808 reexamination requirement. 2571
38093809 (7) Any veteran honorably discharged from the Armed F orces 2572
38103810 who has been issued a valid identification card by the 2573
38113811 Department of Veterans' Affairs in accordance with s. 295.17, 2574
38123812 has been determined by the United States Department of Veterans 2575
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38213821 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38223822
38233823
38243824
38253825 Affairs or its predecessor to have a 100 -percent total and 2576
38263826 permanent service-connected disability rating for compensation, 2577
38273827 or has been determined to have a service -connected total and 2578
38283828 permanent disability rating of 100 percent, is in receipt of 2579
38293829 disability retirement pay from any branch of the United States 2580
38303830 Armed Services, and who is qualified to obtain a driver license 2581
38313831 under this chapter is exempt from all fees required by this 2582
38323832 section. 2583
38333833 (8) A person who applies for reinstatement following the 2584
38343834 suspension or revocation of the person's driver license must pay 2585
38353835 a service fee of $45 following a suspension, and $75 following a 2586
38363836 revocation, which is in addition to the fee for a license. A 2587
38373837 person who applies for reinstatement of a commercial driver 2588
38383838 license following the disqualification of the person's privilege 2589
38393839 to operate a commerci al motor vehicle shall pay a service fee of 2590
38403840 $75, which is in addition to the fee for a license. The 2591
38413841 department shall collect all of these fees at the time of 2592
38423842 reinstatement. The department shall issue proper receipts for 2593
38433843 such fees and shall promptly transmi t all funds received by it 2594
38443844 as follows: 2595
38453845 (a) Of the $45 fee received from a licensee for 2596
38463846 reinstatement following a suspension: 2597
38473847 1. If the reinstatement is processed by the department, 2598
38483848 the department shall deposit $15 in the General Revenue Fund and 2599
38493849 $30 in the Highway Safety Operating Trust Fund. 2600
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38583858 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38593859
38603860
38613861
38623862 2. If the reinstatement is processed by the tax collector, 2601
38633863 $15, less the general revenue service charge set forth in s. 2602
38643864 215.20(1), shall be retained by the tax collector, $15 shall be 2603
38653865 deposited into the Highway S afety Operating Trust Fund, and $15 2604
38663866 shall be deposited into the General Revenue Fund. 2605
38673867 (b) Of the $75 fee received from a licensee for 2606
38683868 reinstatement following a revocation or disqualification: 2607
38693869 1. If the reinstatement is processed by the department, 2608
38703870 the department shall deposit $35 in the General Revenue Fund and 2609
38713871 $40 in the Highway Safety Operating Trust Fund. 2610
38723872 2. If the reinstatement is processed by the tax collector, 2611
38733873 $20, less the general revenue service charge set forth in s. 2612
38743874 215.20(1), shall be retained by the tax collector, $20 shall be 2613
38753875 deposited into the Highway Safety Operating Trust Fund, and $35 2614
38763876 shall be deposited into the General Revenue Fund. 2615
38773877 2616
38783878 If the revocation or suspension of the driver license was for a 2617
38793879 violation of s. 316.193, or for r efusal to submit to a lawful 2618
38803880 breath, blood, or urine test, an additional fee of $130 must be 2619
38813881 charged. However, only one $130 fee may be collected from one 2620
38823882 person convicted of violations arising out of the same incident. 2621
38833883 The department shall collect the $13 0 fee and deposit the fee 2622
38843884 into the Highway Safety Operating Trust Fund at the time of 2623
38853885 reinstatement of the person's driver license, but the fee may 2624
38863886 not be collected if the suspension or revocation is overturned. 2625
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38953895 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
38963896
38973897
38983898
38993899 If the revocation or suspension of the drive r license was for a 2626
39003900 conviction for a violation of s. 817.234(8) or (9) or s. 2627
39013901 817.505, an additional fee of $180 is imposed for each offense. 2628
39023902 The department shall collect and deposit the additional fee into 2629
39033903 the Highway Safety Operating Trust Fund at the tim e of 2630
39043904 reinstatement of the person's driver license. 2631
39053905 (9) An applicant: 2632
39063906 (a) Requesting a review authorized in s. 322.222, s. 2633
39073907 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing 2634
39083908 fee of $25 to be deposited into the Highway Safety Operating 2635
39093909 Trust Fund. 2636
39103910 (b) Petitioning the department for a hearing authorized in 2637
39113911 s. 322.271 must pay a filing fee of $12 to be deposited into the 2638
39123912 Highway Safety Operating Trust Fund. 2639
39133913 Section 81. Subsections (1), (3), (8), (9), and (10) of 2640
39143914 section 322.051, Florida Statutes, are amended to read: 2641
39153915 322.051 Identification cards. — 2642
39163916 (1) Any person who is 5 years of age or older, or any 2643
39173917 person who has a disability, regardless of age, who applies for 2644
39183918 a disabled parking permit under s. 320.0848, may be issued an 2645
39193919 identification card by the department upon completion of an 2646
39203920 application and payment of an application fee . 2647
39213921 (a) The application must include the following information 2648
39223922 regarding the applicant: 2649
39233923 1. Full name (first, middle or maiden, and last), gender, 2650
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39323932 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
39333933
39343934
39353935
39363936 proof of social security card number satisfactory to the 2651
39373937 department, which may include a military identification card, 2652
39383938 county of residence, mailing address, proof of residential 2653
39393939 address satisfactory to the department, country of birth, and a 2654
39403940 brief description. 2655
39413941 2. Proof of birth date satisfactory to the department. 2656
39423942 3. Proof of identity satisfactory to the department. Such 2657
39433943 proof must include one of the following documents issued to the 2658
39443944 applicant: 2659
39453945 a. A driver license record or identification card record 2660
39463946 from another jurisdiction that required the applicant to submit 2661
39473947 a document for identification which is substantially similar to 2662
39483948 a document required under sub -subparagraph b., sub -subparagraph 2663
39493949 c., sub-subparagraph d., sub -subparagraph e., sub -subparagraph 2664
39503950 f., sub-subparagraph g., or sub-subparagraph h.; 2665
39513951 b. A certified copy of a United States birth certificate; 2666
39523952 c. A valid, unexpired United States passport; 2667
39533953 d. A naturalization certificate issued by the United 2668
39543954 States Department of Homeland Security; 2669
39553955 e. A valid, unexpired alien registration receipt card 2670
39563956 (green card); 2671
39573957 f. A Consular Report of Birth Abroad provided by the 2672
39583958 United States Department of State; 2673
39593959 g. An unexpired employment authorization card issued by 2674
39603960 the United States Department of Homeland Security; or 2675
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39693969 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
39703970
39713971
39723972
39733973 h. Proof of nonimmigrant classification provided by the 2676
39743974 United States Department of Homeland Security, for an original 2677
39753975 identification card. In order to prove nonimmigrant 2678
39763976 classification, an applicant must provide at least one of the 2679
39773977 following documents. In addition, the department may require 2680
39783978 applicants to produce United States Department of Homeland 2681
39793979 Security documents for the sole purpose of establishing the 2682
39803980 maintenance of, or efforts to maintain, continuous lawful 2683
39813981 presence: 2684
39823982 (I) A notice of hearing from an immigration court 2685
39833983 scheduling a hearing on any proceeding. 2686
39843984 (II) A notice from the Board of Immigration Appeals 2687
39853985 acknowledging pendency of an appeal. 2688
39863986 (III) A notice of the approval of an application for 2689
39873987 adjustment of status issued by the United States Citizenship and 2690
39883988 Immigration Services. 2691
39893989 (IV) An official documentation confirming the filing of a 2692
39903990 petition for asylum or refugee status or any other relief issued 2693
39913991 by the United States Citizenship and Immigration Services. 2694
39923992 (V) A notice of action transferr ing any pending matter 2695
39933993 from another jurisdiction to Florida, issued by the United 2696
39943994 States Citizenship and Immigration Services. 2697
39953995 (VI) An order of an immigration judge or immigration 2698
39963996 officer granting relief that authorizes the alien to live and 2699
39973997 work in the United States, including, but not limited to, 2700
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40064006 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40074007
40084008
40094009
40104010 asylum. 2701
40114011 (VII) Evidence that an application is pending for 2702
40124012 adjustment of status to that of an alien lawfully admitted for 2703
40134013 permanent residence in the United States or conditional 2704
40144014 permanent resident status in th e United States, if a visa number 2705
40154015 is available having a current priority date for processing by 2706
40164016 the United States Citizenship and Immigration Services. 2707
40174017 (VIII) On or after January 1, 2010, an unexpired foreign 2708
40184018 passport with an unexpired United States Visa affixed, 2709
40194019 accompanied by an approved I -94, documenting the most recent 2710
40204020 admittance into the United States. 2711
40214021 2712
40224022 An identification card issued based on documents required in 2713
40234023 sub-subparagraph g. or sub -subparagraph h. is valid for a period 2714
40244024 not to exceed the expiration date of the document presented or 1 2715
40254025 year, whichever occurs first. 2716
40264026 (b) An application for an identification card must be 2717
40274027 signed and verified by the applicant in a format designated by 2718
40284028 the department before a person authorized to administer oath s 2719
40294029 and payment of the applicable fee pursuant to s. 322.21 . 2720
40304030 (c) Each such applicant may include fingerprints and any 2721
40314031 other unique biometric means of identity. 2722
40324032 (3) If an identification card issued under this section is 2723
40334033 lost, destroyed, or mutilated or a new name is acquired, the 2724
40344034 person to whom it was issued may obtain a duplicate upon 2725
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40434043 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40444044
40454045
40464046
40474047 furnishing satisfactory proof of such fact to the department and 2726
40484048 upon payment of a fee as provided in s. 322.21. The fee must 2727
40494049 include payment for the color photograph or dig ital image of the 2728
40504050 applicant. Any person who loses an identification card and who, 2729
40514051 after obtaining a duplicate, finds the original card shall 2730
40524052 immediately surrender the original card to the department. The 2731
40534053 same documentary evidence shall be furnished for a d uplicate as 2732
40544054 for an original identification card. 2733
40554055 (8)(a) The department shall, upon receipt of the required 2734
40564056 fee, issue to each qualified applicant for an identification 2735
40574057 card a color photographic or digital image identification card 2736
40584058 bearing a fullface phot ograph or digital image of the 2737
40594059 identification cardholder. Notwithstanding chapter 761 or s. 2738
40604060 761.05, the requirement for a fullface photograph or digital 2739
40614061 image of the identification cardholder may not be waived. A 2740
40624062 space shall be provided upon which the iden tification cardholder 2741
40634063 shall affix his or her usual signature, as required in s. 2742
40644064 322.14, in the presence of an authorized agent of the department 2743
40654065 so as to ensure that such signature becomes a part of the 2744
40664066 identification card. Beginning November 1, 2023, each 2745
40674067 distinguishing number assigned to an original, renewal, or 2746
40684068 replacement identification card must have a minimum of four 2747
40694069 randomly generated digits. 2748
40704070 (b)1. The word "Veteran" must be exhibited on the 2749
40714071 identification card of a veteran upon the presentation of a copy 2750
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40804080 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
40814081
40824082
40834083
40844084 of the person's: 2751
40854085 a. DD Form 214, issued by the United States Department of 2752
40864086 Defense; 2753
40874087 b. Veteran health identification card, issued by the 2754
40884088 United States Department of Veterans Affairs; 2755
40894089 c. Veteran identification card, issued by the United 2756
40904090 States Department of Veterans Affairs pursuant to the Veterans 2757
40914091 Identification Card Act of 2015, Pub. L. No. 114 -31; or 2758
40924092 d. Other acceptable form specified by the Department of 2759
40934093 Veterans' Affairs. 2760
40944094 2. Until a veteran's identification card is next renewed, 2761
40954095 the veteran may have the word "Veteran" added to his or her 2762
40964096 identification card upon surrender of his or her current 2763
40974097 identification card and presentation of any of the forms of 2764
40984098 identification specified in subparagraph 1. If the applicant is 2765
40994099 not conducting any ot her transaction affecting the 2766
41004100 identification card, a replacement identification card must be 2767
41014101 issued with the word "Veteran" without payment of the fee 2768
41024102 required in s. 322.21(1)(f)3.c. 2769
41034103 (c) The international symbol for the deaf and hard of 2770
41044104 hearing shall be exhibited on the identification card of a 2771
41054105 person who is deaf or hard of hearing upon the payment of a an 2772
41064106 additional $1 fee for the identification card and the 2773
41074107 presentation of sufficient proof that the person is deaf or hard 2774
41084108 of hearing as determined by the department. Until a person's 2775
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41174117 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
41184118
41194119
41204120
41214121 identification card is next renewed, the person may have the 2776
41224122 symbol added to his or her identification card upon surrender of 2777
41234123 his or her current identification card, payment of a $2 fee to 2778
41244124 be deposited into the Highway Safety O perating Trust Fund, and 2779
41254125 presentation of sufficient proof that the person is deaf or hard 2780
41264126 of hearing as determined by the department. If the applicant is 2781
41274127 not conducting any other transaction affecting the 2782
41284128 identification card, a replacement identification c ard may be 2783
41294129 issued with the symbol without payment of the fee required in s. 2784
41304130 322.21(1)(f)3.c. For purposes of this paragraph, the 2785
41314131 international symbol for the deaf and hard of hearing is 2786
41324132 substantially as follows: 2787
41334133 2788
41344134 2789
41354135 2790
41364136 (d) The department shall include symbo ls representing the 2791
41374137 following on an identification card upon the payment of a an 2792
41384138 additional $1 fee by an applicant who meets the requirements of 2793
41394139 subsection (1) and presents his or her: 2794
41404140 1. Lifetime freshwater fishing license; 2795
41414141 2. Lifetime saltwater fishi ng license; 2796
41424142 3. Lifetime hunting license; 2797
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41514151 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
41524152
41534153
41544154
41554155 4. Lifetime sportsman's license; or 2798
41564156 5. Lifetime boater safety identification card. 2799
41574157 2800
41584158 A person may replace his or her identification card before its 2801
41594159 expiration date with a card that includes his or her status as a 2802
41604160 lifetime licensee or boater safety cardholder upon surrender of 2803
41614161 his or her current identification card, payment of a $2 fee to 2804
41624162 be deposited into the Highway Safety Operating Trust Fund, and 2805
41634163 presentation of the person's lifetime license or card. If the 2806
41644164 sole purpose of the replacement identification card is the 2807
41654165 inclusion of the applicant's status as a lifetime licensee or 2808
41664166 cardholder, the replacement identification card must be issued 2809
41674167 without payment of the fee required in s. 322.21(1)(f)3.c. 2810
41684168 (e)1. Upon request by a person who has a developmental 2811
41694169 disability, or by a parent or guardian of a child or ward who 2812
41704170 has a developmental disability, the department shall issue an 2813
41714171 identification card exhibiting a capital "D" for the person, 2814
41724172 child, or ward if the person or the parent or guardian of the 2815
41734173 child or ward submits: 2816
41744174 a. Payment of a an additional $1 fee; and 2817
41754175 b. Proof acceptable to the department of a diagnosis by a 2818
41764176 licensed physician of a developmental disability as defined in 2819
41774177 s. 393.063. 2820
41784178 2. The department shall deposit the additional $1 fee into 2821
41794179 the Agency for Persons with Disabilities Operations and 2822
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41884188 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
41894189
41904190
41914191
41924192 Maintenance Trust Fund under s. 20.1971(2). 2823
41934193 3. A replacement identification card that includes the 2824
41944194 designation may be issued without payment of the fee required 2825
41954195 under s. 322.21(1)(f) . 2826
41964196 4. The department shall develop rules to facilitate the 2827
41974197 issuance, requirements, and oversight of developmental 2828
41984198 disability identification cards under this section. 2829
41994199 (9)(a) Notwithstanding any other provision of this sectio n 2830
42004200 or s. 322.21 to the contrary, the department shall issue or 2831
42014201 renew a card at no charge to: 2832
42024202 1. A person who presents a valid Florida voter's 2833
42034203 registration card to the department and attests that he or she 2834
42044204 is experiencing a financial hardship. The departme nt may not 2835
42054205 require such person to present evidence of a financial hardship. 2836
42064206 2. A person who presents evidence satisfactory to the 2837
42074207 department that he or she is homeless as defined in s. 2838
42084208 414.0252(7). 2839
42094209 3. A juvenile offender who is in the custody or under the 2840
42104210 supervision of the Department of Juvenile Justice and receiving 2841
42114211 services pursuant to s. 985.461. 2842
42124212 4. An inmate receiving a card issued pursuant to s. 2843
42134213 944.605(7), or, if necessary, to an inmate receiving a 2844
42144214 replacement card if the department determines that he or she has 2845
42154215 a valid state identification card. If the replacement state 2846
42164216 identification card is scheduled to expire within 6 months, the 2847
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42254225 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
42264226
42274227
42284228
42294229 department may also issue a temporary permit valid for at least 2848
42304230 6 months after the release date. 2849
42314231 (b) The department's mobile issuing units shall process 2850
42324232 the identification cards for juvenile offenders and inmates at 2851
42334233 no charge, as provided by s. 944.605(7)(a) and (b). 2852
42344234 (10) Notwithstanding any other provision of this section 2853
42354235 or s. 322.21 to the contrary, the depart ment shall issue an 2854
42364236 identification card at no charge to a person who is 80 years of 2855
42374237 age or older and whose driving privilege is denied due to 2856
42384238 failure to pass a vision test administered pursuant to s. 2857
42394239 322.18(5). 2858
42404240 Section 82. Paragraphs (c) through (f) of subsection (1) 2859
42414241 of section 322.14, Florida Statutes, are amended to read: 2860
42424242 322.14 Licenses issued to drivers. — 2861
42434243 (1) 2862
42444244 (c) The international symbol for the deaf and hard of 2863
42454245 hearing provided in s. 322.051(8)(c) shall be exhibited on the 2864
42464246 driver license of a person who is deaf or hard of hearing upon 2865
42474247 the payment of a an additional $1 fee for the license and the 2866
42484248 presentation of sufficient proof that the person is deaf or hard 2867
42494249 of hearing as determined by the department. Until a person's 2868
42504250 license is next renewed, the person may have the symbol added to 2869
42514251 his or her license upon the surrender of his or her current 2870
42524252 license, payment of a $2 fee to be deposited into the Highway 2871
42534253 Safety Operating Trust Fund, and presentation of sufficient 2872
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42624262 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
42634263
42644264
42654265
42664266 proof that the person is deaf or h ard of hearing as determined 2873
42674267 by the department. If the applicant is not conducting any other 2874
42684268 transaction affecting the driver license, a replacement license 2875
42694269 may be issued with the symbol without payment of the fee 2876
42704270 required in s. 322.21(1)(e). 2877
42714271 (d)1. The word "Veteran" must be exhibited on the driver 2878
42724272 license of a veteran upon the presentation of a copy of the 2879
42734273 person's: 2880
42744274 a. DD Form 214, issued by the United States Department of 2881
42754275 Defense; 2882
42764276 b. Veteran health identification card, issued by the 2883
42774277 United States Department of Veterans Affairs; 2884
42784278 c. Veteran identification card, issued by the United 2885
42794279 States Department of Veterans Affairs pursuant to the Veterans 2886
42804280 Identification Card Act of 2015, Pub. L. No. 114 -31; or 2887
42814281 d. Other acceptable form specified by the Departme nt of 2888
42824282 Veterans' Affairs. 2889
42834283 2. Until a veteran's license is next renewed, the veteran 2890
42844284 may have the word "Veteran" added to his or her license upon 2891
42854285 surrender of his or her current license and presentation of any 2892
42864286 of the forms of identification specified in su bparagraph 1. If 2893
42874287 the applicant is not conducting any other transaction affecting 2894
42884288 the driver license, a replacement license must be issued with 2895
42894289 the word "Veteran" without payment of the fee required in s. 2896
42904290 322.21(1)(e). 2897
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42994299 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
43004300
43014301
43024302
43034303 (e) The department shall include sym bols representing the 2898
43044304 following on a driver license upon the payment of an additional 2899
43054305 $1 fee by an applicant who meets the requirements of s. 322.08 2900
43064306 and presents his or her: 2901
43074307 1. Lifetime freshwater fishing license; 2902
43084308 2. Lifetime saltwater fishing license; 2903
43094309 3. Lifetime hunting license; 2904
43104310 4. Lifetime sportsman's license; or 2905
43114311 5. Lifetime boater safety identification card. 2906
43124312 2907
43134313 A person may replace his or her driver license before its 2908
43144314 expiration date with a license that includes his or her status 2909
43154315 as a lifetime licensee or boater safety cardholder upon 2910
43164316 surrender of his or her current driver license, payment of a $2 2911
43174317 fee to be deposited into the Highway Safety Operating Trust 2912
43184318 Fund, and presentation of the person's lifetime license or 2913
43194319 identification card. If the sole purpose of the replacement 2914
43204320 driver license is the inclusion of the applicant's status as a 2915
43214321 lifetime licensee or cardholder, the replacement driver license 2916
43224322 must be issued without payment of the fee required in s. 2917
43234323 322.21(1)(e). 2918
43244324 (f)1. Upon request by a pers on who has a developmental 2919
43254325 disability, or by a parent or legal guardian of a child or ward 2920
43264326 who has a developmental disability, the capital letter "D" shall 2921
43274327 be exhibited on the driver license of a person who has a 2922
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43364336 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
43374337
43384338
43394339
43404340 developmental disability, as defined in s. 393.063, if the 2923
43414341 person, or his or her parent or legal guardian, presents 2924
43424342 sufficient proof that the person has been diagnosed with a 2925
43434343 developmental disability by a physician licensed under chapter 2926
43444344 458 or chapter 459 as determined by the department. 2927
43454345 2. Until a person's driver license is next renewed, the 2928
43464346 person, or his or her parent or legal guardian, may have the 2929
43474347 capital letter "D" added to or removed from his or her license 2930
43484348 upon the surrender of his or her current license and 2931
43494349 presentation of sufficient pro of that the person has been 2932
43504350 diagnosed with a developmental disability by a physician 2933
43514351 licensed under chapter 458 or chapter 459 as determined by the 2934
43524352 department. If the applicant is not conducting any other 2935
43534353 transaction affecting the driver license, a replace ment license 2936
43544354 may be issued with the capital letter "D" added or removed 2937
43554355 without payment of the fee required in s. 322.21(1)(e). 2938
43564356 Section 83. Paragraph (a) of subsection (1) and 2939
43574357 subsections (2) and (4) of section 322.17, Florida Statutes, are 2940
43584358 amended to read: 2941
43594359 322.17 Replacement licenses and permits. — 2942
43604360 (1)(a) In the event that an instruction permit or driver 2943
43614361 license issued under the provisions of this chapter is lost or 2944
43624362 destroyed, the person to whom the same was issued may , upon 2945
43634363 payment of the appropria te fee pursuant to s. 322.21, obtain a 2946
43644364 replacement upon furnishing proof satisfactory to the department 2947
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43734373 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
43744374
43754375
43764376
43774377 that such permit or license has been lost or destroyed, and 2948
43784378 further furnishing the full name, date of birth, sex, residence 2949
43794379 and mailing address, proof o f birth satisfactory to the 2950
43804380 department, and proof of identity satisfactory to the 2951
43814381 department. 2952
43824382 (2) Upon the surrender of the original license and the 2953
43834383 payment of the appropriate fees pursuant to s. 322.21 , the 2954
43844384 department shall issue a replacement license t o make a change in 2955
43854385 name, address, or restrictions. 2956
43864386 (4) Notwithstanding any other provision of this section or 2957
43874387 s. 322.21, the department shall, if necessary, issue or renew a 2958
43884388 replacement driver license at no charge to an inmate if the 2959
43894389 department determine s that he or she has a valid driver license. 2960
43904390 If the replacement driver license is scheduled to expire within 2961
43914391 6 months, the department may also issue a temporary permit valid 2962
43924392 for at least 6 months after the release date. 2963
43934393 Section 84. Paragraph (a) of sub section (4) and paragraph 2964
43944394 (a) of subsection (8) of section 322.18, Florida Statutes, are 2965
43954395 amended to read: 2966
43964396 322.18 Original applications, licenses, and renewals; 2967
43974397 expiration of licenses; delinquent licenses. — 2968
43984398 (4)(a) Except as otherwise provided in this ch apter, all 2969
43994399 licenses shall be renewable every 8 years and shall be issued or 2970
44004400 renewed upon application , payment of the fees required by s. 2971
44014401 322.21, and successful passage of any required examination, 2972
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44104410 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
44114411
44124412
44134413
44144414 unless the department has reason to believe that the licensee is 2973
44154415 no longer qualified to receive a license. 2974
44164416 (8) The department shall issue 8 -year renewals using a 2975
44174417 convenience service without reexamination to drivers who have 2976
44184418 not attained 80 years of age. The department shall issue 6 -year 2977
44194419 renewals using a convenience service when the applicant has 2978
44204420 satisfied the requirements of subsection (5). 2979
44214421 (a) If the department determines from its records that the 2980
44224422 holder of a license about to expire is eligible for renewal, the 2981
44234423 department shall mail a renewal notice to t he licensee at his or 2982
44244424 her last known address , not less than 30 days before prior to 2983
44254425 the licensee's birthday. The renewal notice shall direct the 2984
44264426 licensee to appear at a driver license office for in -person 2985
44274427 renewal or to transmit the completed renewal notice and the fees 2986
44284428 required by s. 322.21 to the department using a convenience 2987
44294429 service. 2988
44304430 Section 85. Subsection (4) of section 322.251, Florida 2989
44314431 Statutes, is amended to read: 2990
44324432 322.251 Notice of cancellation, suspension, revocation, or 2991
44334433 disqualification of lic ense.— 2992
44344434 (4) A person whose privilege to operate a commercial motor 2993
44354435 vehicle is temporarily disqualified may, upon surrendering his 2994
44364436 or her commercial driver license, be issued a Class E driver 2995
44374437 license, valid for the length of his or her unexpired commercial 2996
44384438 driver license, at no cost. Such person may, upon the completion 2997
44394439
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44474447 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
44484448
44494449
44504450
44514451 of his or her disqualification, be issued a commercial driver 2998
44524452 license, of the type disqualified, for the remainder of his or 2999
44534453 her unexpired license period. Any such person shall pay the 3000
44544454 reinstatement fee provided in s. 322.21 before being issued a 3001
44554455 commercial driver license. 3002
44564456 Section 86. Subsection (2) of section 322.29, Florida 3003
44574457 Statutes, is amended to read: 3004
44584458 322.29 Surrender and return of license. — 3005
44594459 (2) Notwithstanding subsection (1), an examination is not 3006
44604460 required for the return of a license suspended under s. 318.15 3007
44614461 or s. 322.245 unless an examination is otherwise required by 3008
44624462 this chapter. A person applying for the return of a license 3009
44634463 suspended under s. 318.15 or s. 322.245 must present to the 3010
44644464 department certification from the court that he or she has 3011
44654465 complied with all obligations and penalties imposed pursuant to 3012
44664466 s. 318.15 or, in the case of a suspension pursuant to s. 3013
44674467 322.245, that he or she has complied with all directives of the 3014
44684468 court and the requirements of s. 322.245 and shall pay to the 3015
44694469 department a nonrefundable service fee of $60, of which $37.50 3016
44704470 shall be deposited into the General Revenue Fund and $22.50 3017
44714471 shall be deposited into the Highway Safety Operating Trust Fund. 3018
44724472 If reinstated by the clerk of the court or tax collector, $37.50 3019
44734473 shall be retained and $22.50 shall be remitted to the Department 3020
44744474 of Revenue for deposit into the Highway Safety Operating Trust 3021
44754475 Fund. However, the service fee is not required if the person is 3022
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44844484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
44854485
44864486
44874487
44884488 required to pay a $45 fee or $75 fee under s. 322.21(8). 3023
44894489 Section 87. Subsection (4) of section 1003.48, Florida 3024
44904490 Statutes, is amended to read: 3025
44914491 1003.48 Instruction in operation of motor vehicles. — 3026
44924492 (4) For the purpose of financing the driver education 3027
44934493 program in the secondary schools, there shall be levied an 3028
44944494 additional 50 cents per year to the driver license fee required 3029
44954495 by s. 322.21. The additional fee shall be promptly remitted to 3030
44964496 the Department of Highway Safety and Motor Vehicles, which shall 3031
44974497 transmit the fee to the Chief Financial Officer to be deposited 3032
44984498 in the General Revenue Fund. 3033
44994499 Section 88. Section 601.15, Florida Statutes, is amended 3034
45004500 to read: 3035
45014501 601.15 Advertising campaign; methods of conducting; 3036
45024502 assessments; emergency reserve fund; citrus research. — 3037
45034503 (1) The department shall administer this section, 3038
45044504 prescribe suitable and reasonable rules for the enforcement of 3039
45054505 this section, and administer the assessments levied and imposed 3040
45064506 under this section. All funds collected under this section and 3041
45074507 the interest accrued on such funds are consideration for a 3042
45084508 social contract between the state and the citrus growers of the 3043
45094509 state whereby the state must hold such funds in trust and 3044
45104510 inviolate and use them only for the purposes prescribed in this 3045
45114511 chapter. The department may cause its duly authorized agent or 3046
45124512 representative to enter upon the premises of any handler of 3047
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45214521 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
45224522
45234523
45244524
45254525 citrus fruits and to examine or cause to be examined any books, 3048
45264526 papers, records, or memoranda bearing on the amount of 3049
45274527 assessments payable and to secure oth er information directly or 3050
45284528 indirectly concerned in the enforcement of this section. Any 3051
45294529 person who is required to pay the assessments levied and imposed 3052
45304530 and who by any practice or evasion makes it difficult to enforce 3053
45314531 this section by inspection, or any per son who, after demand by 3054
45324532 the department or any agent or representative designated by it 3055
45334533 for that purpose, refuses to allow full inspection of the 3056
45344534 premises or any part thereof or any books, records, documents, 3057
45354535 or other instruments in any manner relating to the liability of 3058
45364536 the person or entity liable for the assessment imposed or 3059
45374537 hinders, delays, or prevents such inspection, commits a 3060
45384538 misdemeanor of the second degree, punishable as provided in s. 3061
45394539 775.082 or s. 775.083. 3062
45404540 (2) The department shall plan and con duct campaigns for 3063
45414541 commodity advertising, publicity, and sales promotion, and may 3064
45424542 conduct campaigns to encourage noncommodity advertising, to 3065
45434543 increase the consumption of citrus fruits and may contract for 3066
45444544 any such advertising, publicity, and sales promotio n service. To 3067
45454545 accomplish such purpose, the department shall: 3068
45464546 (a) Disseminate information relating to: 3069
45474547 1. Citrus fruits and the importance thereof in preserving 3070
45484548 the public health, the economy thereof in the diet of the 3071
45494549 people, and the importance thereof in the nutrition of children. 3072
45504550
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45584558 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
45594559
45604560
45614561
45624562 2. The manner, method, and means used and employed in the 3073
45634563 production and marketing of citrus fruits and information 3074
45644564 relating to laws of the state regulating and safeguarding such 3075
45654565 production and marketing. 3076
45664566 3. The added cost to the producer and dealer in producing 3077
45674567 and handling citrus fruits to meet the high standards imposed by 3078
45684568 the state that ensure a pure and wholesome product. 3079
45694569 4. The effect upon the public health that would result 3080
45704570 from a breakdown of the state's citrus i ndustry or any part 3081
45714571 thereof. 3082
45724572 5. The reasons that producers and dealers should receive a 3083
45734573 reasonable return on their labor and investment. 3084
45744574 6. The problem of furnishing the consumer at all times 3085
45754575 with an abundant supply of fine quality citrus fruits at 3086
45764576 reasonable prices. 3087
45774577 7. Factors of instability peculiar to the citrus fruit 3088
45784578 industry, such as unbalanced production, the effect of the 3089
45794579 weather, the influence of consumer purchasing power, and price 3090
45804580 relative to the cost of other items of food in the normal diet 3091
45814581 of people, all to the end that an intelligent and increasing 3092
45824582 consumer demand may be created. 3093
45834583 8. The possibilities with particular reference to 3094
45844584 increased consumption of citrus fruits. 3095
45854585 9. Such additional information that tends to promote 3096
45864586 increased consumption of citrus fruits and that fosters a better 3097
45874587
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45954595 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
45964596
45974597
45984598
45994599 understanding and more efficient cooperation among producers, 3098
46004600 dealers, and the consuming public. 3099
46014601 (b) Decide upon some distinctive and suggestive trade name 3100
46024602 and promote its use in all ways to advertise Florida citrus 3101
46034603 fruit. 3102
46044604 (3)(a) There is levied and imposed upon each standard -3103
46054605 packed box of citrus fruit grown and placed into the primary 3104
46064606 channel of trade in this state an assessment at maximum annual 3105
46074607 rates for each citrus season as provided in this para graph. The 3106
46084608 rates may be set at any lower rate in any year pursuant to 3107
46094609 paragraph (e). 3108
46104610 1. The maximum assessment for grapefruit that enters the 3109
46114611 primary channel of trade for use in fresh form may not exceed 36 3110
46124612 cents per box. 3111
46134613 2. The maximum assessment for grapefruit that enters the 3112
46144614 primary channel of trade for use in processed form may not 3113
46154615 exceed 36 cents per box. 3114
46164616 3. The maximum assessment for oranges that enter the 3115
46174617 primary channel of trade for use in fresh form may not exceed 7 3116
46184618 cents per box. 3117
46194619 4. The maximum assessment for oranges that enter the 3118
46204620 primary channel of trade for use in processed form may not 3119
46214621 exceed 25 cents per box. 3120
46224622 5. The actual assessment levied each year upon tangerines 3121
46234623 and citrus hybrids regulated by the department that enter the 3122
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46324632 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46334633
46344634
46354635
46364636 primary channel of trade for use in processed form may not 3123
46374637 exceed 25 cents per box. 3124
46384638 6. The maximum assessment for tangerines and citrus 3125
46394639 hybrids regulated by the department that enter the primary 3126
46404640 channel of trade for use in fresh form may not exceed 16 cents 3127
46414641 per box. 3128
46424642 (b) Whenever citrus fruit is purchased, acquired, or 3129
46434643 handled on a weight basis, the following weights are deemed the 3130
46444644 equivalent of one standard -packed box for assessment purposes 3131
46454645 under this section: 3132
46464646 1. Grapefruit, 85 pounds. 3133
46474647 2. Oranges, 90 pounds. 3134
46484648 3. Tangerines, 95 pounds. 3135
46494649 4. Citrus hybrids, 90 pounds. 3136
46504650 (c) The assessments imposed by this section do not apply 3137
46514651 to citrus fruit used for noncommercial domestic consumption on 3138
46524652 the premises where produced. 3139
46534653 (d) For purposes of this subsection, a citrus season 3140
46544654 begins on August 1 of a year and ends on July 31 of the 3141
46554655 following year. 3142
46564656 (e) The commission, upon an affirmative vote of a majority 3143
46574657 of its members and by an order entered by it before November 1 3144
46584658 of any year, may set the assessments up to th e maximum rates 3145
46594659 specified in this subsection. The assessment shall apply only to 3146
46604660 the citrus season that began on August 1 of the same calendar 3147
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46694669 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46704670
46714671
46724672
46734673 year. Such assessment may be applied by variety and on the basis 3148
46744674 of whether the fruit enters the primary channel of trade for use 3149
46754675 in fresh or processed form. If the commission cannot agree on a 3150
46764676 box assessment, the assessment for the previous year shall 3151
46774677 remain in effect until the commission approves a new assessment. 3152
46784678 (3)(4) Every handler shall keep a complete and ac curate 3153
46794679 record of all citrus fruit handled by her or him. Such record 3154
46804680 shall be in such form and contain such other information as the 3155
46814681 department shall by rule prescribe. Such records shall be 3156
46824682 preserved by such handlers for a period of 1 year and shall be 3157
46834683 offered for inspection at any time upon oral or written demand 3158
46844684 by the department or its duly authorized agents or 3159
46854685 representatives. 3160
46864686 (4)(5) Every handler shall, at such times and in such 3161
46874687 manner as the department may by rule require, file with the 3162
46884688 department a return certified as true and correct, on forms 3163
46894689 furnished by the department, stating, in addition to other 3164
46904690 information, the number of standard -packed boxes of each kind of 3165
46914691 citrus fruit handled by such handler in the primary channel of 3166
46924692 trade during the per iod of time covered by the return. Full 3167
46934693 payment of all assessments due for the period reported shall 3168
46944694 accompany each handler's return. 3169
46954695 (6)(a) All assessments levied and imposed pursuant to this 3170
46964696 section are due and payable and shall be paid, or the amount 3171
46974697 thereof guaranteed as provided in this subsection, at the time 3172
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47064706 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
47074707
47084708
47094709
47104710 the citrus fruit is first handled in the primary channels of 3173
47114711 trade. All such assessments shall be paid, or the payment 3174
47124712 thereof shall be guaranteed, to the department by the person 3175
47134713 first handling the fruit in the primary channel of trade, except 3176
47144714 that payment of assessments on fruit delivered or sold for 3177
47154715 processing in this state shall be paid, or payment thereof shall 3178
47164716 be guaranteed in accordance with department rules, by the person 3179
47174717 processing such fruit. 3180
47184718 (b) Periodic payment of assessments upon citrus fruit by 3181
47194719 the person liable for such payment is permitted only in 3182
47204720 accordance with department rules, and the payment thereof shall 3183
47214721 be guaranteed by the posting of a good and sufficient letter of 3184
47224722 credit from an issuing financial institution located in the 3185
47234723 United States, a cash bond, an appropriate certificate of 3186
47244724 deposit, or an approved surety bond in an amount and manner as 3187
47254725 prescribed by department rule. Evidence of such guarantee of 3188
47264726 payment of assessments must be made on the grade certificate in 3189
47274727 such manner and form as may be prescribed by department rule. 3190
47284728 (c) All assessments collected by the department shall be 3191
47294729 delivered to the State Treasury for payment into the proper 3192
47304730 advertising fund. 3193
47314731 (7) All assessments levied and collected under this 3194
47324732 chapter shall be paid into the State Treasury on or before the 3195
47334733 15th day of each month. Such moneys shall be accounted for in A 3196
47344734 special fund to be designated as the Florida Citrus Advertising 3197
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47434743 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
47444744
47454745
47464746
47474747 Trust Fund, and all mon eys in such fund are appropriated to the 3198
47484748 department for the following purposes: 3199
47494749 (a) Four percent of all income of a revenue nature 3200
47504750 deposited in this fund, including transfers from any subsidiary 3201
47514751 accounts thereof and any interest income, shall be deposite d in 3202
47524752 the General Revenue Fund pursuant to chapter 215. 3203
47534753 (5)(a)(b) Moneys in the Florida Citrus Advertising Trust 3204
47544754 Fund shall be expended for the activities authorized by s. 3205
47554755 601.13 and for the cost of those general overhead, research and 3206
47564756 development, maintenance, salaries, professional fees, 3207
47574757 enforcement costs, and other such expenses that are not related 3208
47584758 to advertising, merchandising, public relations, trade 3209
47594759 luncheons, publicity, and other associated activities. The cost 3210
47604760 of general overhead, maintenance, sal aries, professional fees, 3211
47614761 enforcement costs, and other such expenses that are related to 3212
47624762 advertising, merchandising, public relations, trade luncheons, 3213
47634763 publicity, and associated activities shall be paid from the 3214
47644764 balance of the Florida Citrus Advertising Tr ust Fund. 3215
47654765 (b)(c) Moneys in the Florida Citrus Advertising Trust Fund 3216
47664766 shall also be used by the department for defraying those 3217
47674767 expenses not included in paragraph (a)(b). After payment of such 3218
47684768 expenses, the money levied and collected under subsection (3) 3219
47694769 shall be used exclusively for commodity and noncommodity 3220
47704770 advertising, merchandising, publicity, or sales promotion of 3221
47714771 citrus products in both fresh form and processed form, including 3222
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47804780 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
47814781
47824782
47834783
47844784 citrus cattle feed and all other products of citrus fruits, 3223
47854785 produced in the state, in such equitable manner and proration as 3224
47864786 the department may determine, but funds expended for commodity 3225
47874787 advertising thereunder shall be expended through an established 3226
47884788 advertising agency. A proration of moneys between commodity 3227
47894789 programs and noncommodity programs and among types of citrus 3228
47904790 products shall be made on or before November 1 of each shipping 3229
47914791 season and may not thereafter be modified for that shipping 3230
47924792 season unless the department finds such action necessary to 3231
47934793 preserve the economic welfare of the citrus industry. 3232
47944794 (d) The pro rata portion of moneys allocated to each type 3233
47954795 of citrus product in noncommodity programs shall be used by the 3234
47964796 department to encourage substantial increases in the 3235
47974797 effectiveness, frequency, and volume of noncommodity 3236
47984798 advertising, merchandising, publicity, and sales promotion of 3237
47994799 such citrus products through rebates and incentive payments to 3238
48004800 handlers and trade customers for these activities. The 3239
48014801 department shall adopt rules providing for the use of such 3240
48024802 moneys. The rules shall establish alternate incentive programs, 3241
48034803 including at least one incentive program for product sold under 3242
48044804 advertised brands, one incentive program for product sold under 3243
48054805 private label brands, and one incentive program for product sold 3244
48064806 in bulk. For each incentive program, the ru les must establish 3245
48074807 eligibility and performance requirements and must provide 3246
48084808 appropriate limitations on amounts payable to a handler or trade 3247
48094809
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48174817 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48184818
48194819
48204820
48214821 customer for a particular season. Such limitations may relate to 3248
48224822 the amount of citrus assessments levied and colle cted on the 3249
48234823 citrus product handled by such handler or trade customer during 3250
48244824 a 12-month representative period. 3251
48254825 (6)(8)(a) On certification by any employee of the 3252
48264826 department that her or his actual and necessary expenses on any 3253
48274827 particular day while traveling outside the state exceeded the 3254
48284828 per diem provided by law, such employee shall show such excess 3255
48294829 on her or his regular expense voucher and support the same by 3256
48304830 the proof required pursuant to rules adopted by the department. 3257
48314831 (b) The department is authorized to spend such amount as 3258
48324832 it deems advisable for guests involved in promotional activities 3259
48334833 in the sale of Florida citrus fruits and products. 3260
48344834 (c) All obligations, expenses, and costs incurred under 3261
48354835 this section shall be paid out of the Citrus Advertising F und 3262
48364836 upon warrant of the Chief Financial Officer when vouchers 3263
48374837 thereof, approved by the department, are exhibited. 3264
48384838 (7)(9)(a) Any handler who fails to file a return or to pay 3265
48394839 any assessment within the time required shall thereby forfeit to 3266
48404840 the department a penalty of 5 percent of the amount of 3267
48414841 assessment determined to be due, but the department, if 3268
48424842 satisfied that the delay was excusable, may remit all or any 3269
48434843 part of such penalty. Such penalty shall be paid to the 3270
48444844 department and disposed of as provided with respect to moneys 3271
48454845 derived from the assessments levied and imposed by subsection 3272
48464846
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48544854 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48554855
48564856
48574857
48584858 (3). 3273
48594859 (b) The department may collect any assessments levied and 3274
48604860 assessed by this chapter in any o r all of the following methods: 3275
48614861 1. By the voluntary payment by the person liable therefor. 3276
48624862 2. By a suit at law. 3277
48634863 3. By a suit in equity to enjoin and restrain any handler, 3278
48644864 citrus fruit dealer, or other person owing such assessments from 3279
48654865 operating her or his business or engaging in business as a 3280
48664866 citrus fruit dealer until the delinquent assessments are paid. 3281
48674867 Such action may include an accounting to determine the amount of 3282
48684868 assessments plus delinquencies due. In any such proceeding, it 3283
48694869 is not necessary to allege or prove that an adequate remedy at 3284
48704870 law does not exist. 3285
48714871 (8)(10) The powers and duties of the department include 3286
48724872 the following: 3287
48734873 (a) To adopt and periodically alter, rescind, modify, and 3288
48744874 amend all proper and necessary rules and orders for the exer cise 3289
48754875 of its powers and the performance of its duties under this 3290
48764876 chapter. 3291
48774877 (b) To employ and at its pleasure discharge an advertising 3292
48784878 manager, agents, advertising agencies, and such clerical and 3293
48794879 other help as it deems necessary and to outline their powers and 3294
48804880 duties and fix their compensation. 3295
48814881 (c) To make in the name of the department such advertising 3296
48824882 contracts and other agreements as may be necessary. 3297
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48914891 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48924892
48934893
48944894
48954895 (d) To keep books, records, and accounts of all of its 3298
48964896 activities, which books, records, and accounts shall be open to 3299
48974897 inspection, audit, and examination by the Auditor General and 3300
48984898 the Office of Program Policy Analysis and Government 3301
48994899 Accountability. 3302
49004900 (e) To purchase or authorize the purchase of all office 3303
49014901 equipment and supplies and to incur all other reas onable and 3304
49024902 necessary expenses and obligations in connection with and 3305
49034903 required for the proper administration of this chapter. 3306
49044904 (f) To conduct, and pay out of the Florida Citrus 3307
49054905 Advertising Trust Fund, premium and prize promotions designed to 3308
49064906 increase the use of citrus in any form. 3309
49074907 (g) To advertise citrus cattle feed and promote its use. 3310
49084908 (h) To conduct marketing activities in foreign countries 3311
49094909 and other programs designed to develop and protect domestic and 3312
49104910 international markets. 3313
49114911 Section 89. Paragraph (b) of subsection (1) of section 3314
49124912 601.041, Florida Statutes, is amended to read: 3315
49134913 601.041 The Friends of Florida Citrus Program; advisory 3316
49144914 council.— 3317
49154915 (1) The Friends of Florida Citrus Program is established 3318
49164916 within the department to provide support and ass istance for 3319
49174917 existing and future programs within the department. 3320
49184918 (b) The department may receive donations from private 3321
49194919 corporations to support the program. The department shall 3322
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49284928 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
49294929
49304930
49314931
49324932 deposit donations to the program into the Florida Citrus 3323
49334933 Advertising Trust Fun d, as established in s. 601.15(7), and such 3324
49344934 donations shall be exempt from s. 601.15(7)(a) . 3325
49354935 Section 90. Subsection (5) of section 601.13, Florida 3326
49364936 Statutes, is amended to read: 3327
49374937 601.13 Citrus research; administration by Department of 3328
49384938 Citrus; appropriation.— 3329
49394939 (5) There is appropriated and made available for defraying 3330
49404940 the expenses of the administration of this section from the 3331
49414941 moneys in the Florida Citrus Advertising Trust Fund derived from 3332
49424942 advertising assessments levied on citrus fruit such amounts as 3333
49434943 the department may deem necessary within the percentage 3334
49444944 limitations imposed by s. 601.15 . 3335
49454945 Section 91. Paragraph (a) of subsection (9) of section 3336
49464946 601.152, Florida Statutes, is amended to read: 3337
49474947 601.152 Special marketing orders. — 3338
49484948 (9)(a) All moneys coll ected by the department under this 3339
49494949 section shall be set aside in the Florida Citrus Advertising 3340
49504950 Trust Fund as a special fund to be known as the "Citrus Special 3341
49514951 Marketing Order Fund." All moneys in such fund , after deducting 3342
49524952 the service charge provided in s . 601.15(7), are appropriated to 3343
49534953 the department for the actual expenses incurred by the 3344
49544954 department for the formulation, issuance, administration, and 3345
49554955 enforcement of any marketing order so implemented and in the 3346
49564956 conduct of the special marketing campaign or market and product 3347
49574957
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49654965 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
49664966
49674967
49684968
49694969 research and development to be carried out pursuant to any such 3348
49704970 marketing order so implemented. Upon the completion of the 3349
49714971 special marketing campaign or market and product research and 3350
49724972 development provided for pursuant to any marketing o rder so 3351
49734973 implemented, any and all moneys remaining and not required by 3352
49744974 the department to defray the expenses of such marketing order 3353
49754975 shall be deposited to and made a part of the Florida Citrus 3354
49764976 Advertising Trust Fund created by s. 601.15 . 3355
49774977 Section 92. Subsection (11) of section 601.155, Florida 3356
49784978 Statutes, is amended to read: 3357
49794979 601.155 Equalizing assessment; credit; exemption. — 3358
49804980 (11) All assessments levied and collected under this 3359
49814981 section, including penalties, shall be paid into the State 3360
49824982 Treasury to be made a part of the Florida Citrus Advertising 3361
49834983 Trust Fund in the same manner , for the same purposes, and in the 3362
49844984 same proportions as set forth in s. 601.15(7) . Any person 3363
49854985 failing to file a return or pay any assessment within the time 3364
49864986 required shall thereby f orfeit to the department a penalty of 5 3365
49874987 percent of the amount of assessment then due, but the 3366
49884988 department, on good cause shown, may waive all or any part of 3367
49894989 such penalty. 3368
49904990 Section 93. Section 258.0145, Florida Statutes, is 3369
49914991 repealed. 3370
49924992 Section 94. Section 379.2213, Florida Statutes, is 3371
49934993 repealed. 3372
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50025002 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
50035003
50045004
50055005
50065006 Section 95. Section 379.3511, Florida Statutes, is 3373
50075007 repealed. 3374
50085008 Section 96. Section 379.3512, Florida Statutes, is 3375
50095009 repealed. 3376
50105010 Section 97. Section 379.353, Florida Statutes, is 3377
50115011 repealed. 3378
50125012 Section 98. Section 379.356, Florida Statutes, is 3379
50135013 repealed. 3380
50145014 Section 99. Section 379.357, Florida Statutes, is 3381
50155015 repealed. 3382
50165016 Section 100. Section 379.359, Florida Statutes, is 3383
50175017 repealed. 3384
50185018 Section 101. Section 938.04, Florida Statutes, is 3385
50195019 repealed. 3386
50205020 Section 102. Section 938.06, Florida Statutes, is 3387
50215021 repealed. 3388
50225022 Section 103. Section 938.15, Florida Statutes, is 3389
50235023 repealed. 3390
50245024 Section 104. Section 379.354, Florida Statutes, is amended 3391
50255025 to read: 3392
50265026 379.354 Recreational licenses, permits, and authorization 3393
50275027 numbers; fees established.— 3394
50285028 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED. —3395
50295029 Except as provided in s. 379.353, no A person may not shall take 3396
50305030 game, freshwater or saltwater fish, or fur-bearing animals 3397
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50395039 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
50405040
50415041
50425042
50435043 within this state without having first obtained a license, 3398
50445044 permit, or authorization number and paid the fees set forth in 3399
50455045 this chapter. Such license, permit, or authorization number 3400
50465046 shall authorize the person to whom it is issued to take game , 3401
50475047 freshwater or saltwater fish, or fur-bearing animals, and 3402
50485048 participate in outdoor recreational activities in accordance 3403
50495049 with the laws of the state and rules of the commission. 3404
50505050 (2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION. — 3405
50515051 (a) Licenses, permits, and authorization numbers issued 3406
50525052 under this part are not transferable. Each license and permit 3407
50535053 must bear on its face in indelible ink the name of the person to 3408
50545054 whom it is issued and other information as deemed necessary by 3409
50555055 the commission. Licenses issued to the owner, operator, or 3410
50565056 custodian of a vessel that directly or indir ectly collects fees 3411
50575057 for taking or attempting to take or possess saltwater fish for 3412
50585058 noncommercial purposes must include the vessel registration 3413
50595059 number or federal documentation number. 3414
50605060 (b) The lifetime licenses and 5 -year licenses authorized 3415
50615061 in this section shall be embossed with the name, date of birth, 3416
50625062 date of issuance, and other pertinent information as deemed 3417
50635063 necessary by the commission. A certified copy of the applicant's 3418
50645064 birth certificate shall accompany each application for a 3419
50655065 lifetime license for a r esident 12 years of age or younger. 3420
50665066 (c) A positive form of identification is required when 3421
50675067 using a free license, a lifetime license, a 5 -year license, or 3422
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50765076 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
50775077
50785078
50795079
50805080 an authorization number issued under this chapter, or when 3423
50815081 otherwise required by a license or permit . 3424
50825082 (3) PERSONAL POSSESSION REQUIRED. —Each recreational 3425
50835083 license, state-issued identification card or driver license 3426
50845084 indicating possession of a recreational license, permit, or 3427
50855085 authorization number must be in the personal possession of the 3428
50865086 person to whom it is issued while the person is taking, 3429
50875087 attempting to take, or possessing game , freshwater or saltwater 3430
50885088 fish, or fur-bearing animals. Any person taking, attempting to 3431
50895089 take, or possessing game, freshwater or saltwater fish, or fur-3432
50905090 bearing animals who fails t o produce a recreational license, 3433
50915091 state-issued identification card or driver license indicating 3434
50925092 possession of a recreational license, permit, or authorization 3435
50935093 number at the request of a commission law enforcement officer 3436
50945094 commits a violation of the law. 3437
50955095 (4) RESIDENT HUNTING AND FISHING LICENSES. —The licenses 3438
50965096 and fees for residents participating in hunting and fishing 3439
50975097 activities in this state are as follows: 3440
50985098 (a) Annual freshwater fishing license, $15.50. 3441
50995099 (b) Annual saltwater fishing license, $15.50. 3442
51005100 (c) Annual hunting license to take game, $15.50. 3443
51015101 (d) Annual combination hunting and freshwater fishing 3444
51025102 license, $31. 3445
51035103 (e) Annual combination freshwater fishing and saltwater 3446
51045104 fishing license, $31. 3447
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51135113 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51145114
51155115
51165116
51175117 (f) Annual combination hunting, freshwater fishing, an d 3448
51185118 saltwater fishing license, $46.50. 3449
51195119 (g) Annual license to take fur -bearing animals, $25. 3450
51205120 However, a resident with a valid hunting license or a no -cost 3451
51215121 license who is taking fur -bearing animals for noncommercial 3452
51225122 purposes using guns or dogs only, and not traps or other 3453
51235123 devices, is not required to purchase this license. Also, a 3454
51245124 resident 65 years of age or older is not required to purchase 3455
51255125 this license. 3456
51265126 (h) Annual sportsman's license, $79, except that an annual 3457
51275127 sportsman's license for a resident 64 years of age or older is 3458
51285128 $12. A sportsman's license authorizes the person to whom it is 3459
51295129 issued to take game and freshwater fish, subject to the state 3460
51305130 and federal laws, rules, and regulations, including rules of the 3461
51315131 commission, in effect at the time of the taking . Other 3462
51325132 authorized activities include activities authorized by a 3463
51335133 management area permit, a muzzle -loading gun season permit, a 3464
51345134 crossbow season permit, a turkey permit, a Florida waterfowl 3465
51355135 permit, a deer permit, and an archery season permit. 3466
51365136 (i) Annual gold sportsman's license, $98.50. The gold 3467
51375137 sportsman's license authorizes the person to whom it is issued 3468
51385138 to take freshwater fish, saltwater fish, and game, subject to 3469
51395139 the state and federal laws, rules, and regulations, including 3470
51405140 rules of the commission, in effect at the time of taking. Other 3471
51415141 authorized activities include activities authorized by a 3472
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51505150 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51515151
51525152
51535153
51545154 management area permit, a muzzle -loading gun season permit, a 3473
51555155 crossbow season permit, a turkey permit, a Florida waterfowl 3474
51565156 permit, a deer permit, an archery season permit, a snook permit, 3475
51575157 and a spiny lobster permit. 3476
51585158 (j) Annual military gold sportsman's license, $18.50. A 3477
51595159 resident who is an active or retired member of the United States 3478
51605160 Armed Forces, the United States Armed Forces Reserve, the 3479
51615161 National Guard, the Un ited States Coast Guard, or the United 3480
51625162 States Coast Guard Reserve may purchase the military gold 3481
51635163 sportsman's license upon submission of a current military 3482
51645164 identification card. The annual military gold sportsman's 3483
51655165 license authorizes the same activities as t he annual gold 3484
51665166 sportsman's license. 3485
51675167 (k) An annual resident shoreline fishing license shall be 3486
51685168 issued without a fee to allow any resident to saltwater fish 3487
51695169 from land or from a structure fixed to the land. This license is 3488
51705170 not required for any resident issu ed any other license 3489
51715171 identified in this section which allows the taking of saltwater 3490
51725172 fish. 3491
51735173 (5) NONRESIDENT HUNTING AND FISHING LICENSES. —The licenses 3492
51745174 and fees for nonresidents participating in hunting and fishing 3493
51755175 activities in the state are as follows: 3494
51765176 (a) Freshwater fishing license to take freshwater fish for 3495
51775177 3 consecutive days, $15.50. 3496
51785178 (b) Freshwater fishing license to take freshwater fish for 3497
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51875187 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51885188
51895189
51905190
51915191 7 consecutive days, $28.50. 3498
51925192 (c) Saltwater fishing license to take saltwater fish for 3 3499
51935193 consecutive days, $15.50. 3500
51945194 (d) Saltwater fishing license to take saltwater fish for 7 3501
51955195 consecutive days, $28.50. 3502
51965196 (e) Annual freshwater fishing license, $45.50. 3503
51975197 (f) Annual saltwater fishing license, $45.50. 3504
51985198 (g) Hunting license to take game for 10 consecutive days, 3505
51995199 $45. 3506
52005200 (h) Annual hunting license to take game, $150. 3507
52015201 (i) Annual license to take fur -bearing animals, $25. 3508
52025202 However, a nonresident with a valid Florida hunting license who 3509
52035203 is taking fur-bearing animals for noncommercial purposes using 3510
52045204 guns or dogs only, and n ot traps or other devices, is not 3511
52055205 required to purchase this license. 3512
52065206 (6) PIER LICENSE.—A pier license for any pier fixed to 3513
52075207 land for the purpose of taking or attempting to take saltwater 3514
52085208 fish is $500 per year. The pier license may be purchased at the 3515
52095209 option of the owner, operator, or custodian of such pier and 3516
52105210 must be available for inspection at all times. 3517
52115211 (7) VESSEL LICENSES. — 3518
52125212 (a) Except as provided in paragraph (f), a person may not 3519
52135213 operate any vessel wherein a fee is paid, either directly or 3520
52145214 indirectly, for the purpose of taking, attempting to take, or 3521
52155215 possessing any saltwater fish for noncommercial purposes unless 3522
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52245224 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
52255225
52265226
52275227
52285228 she or he has obtained a license for each vessel for that 3523
52295229 purpose, and has paid the license fee pursuant to paragraphs (b) 3524
52305230 and (c) for such vessel. 3525
52315231 (b) A license for any person who operates any vessel 3526
52325232 licensed to carry more than 10 customers, wherein a fee is paid, 3527
52335233 either directly or indirectly, for the purpose of taking or 3528
52345234 attempting to take saltwater fish, is $800 per year. The license 3529
52355235 must be kept aboard the vessel at all times. 3530
52365236 (c)1. A license for any person who operates any vessel 3531
52375237 licensed to carry no more than 10 customers, or for any person 3532
52385238 licensed to operate any vessel carrying 6 or fewer customers, 3533
52395239 wherein a fee is paid, eithe r directly or indirectly, for the 3534
52405240 purpose of taking or attempting to take saltwater fish, is $400 3535
52415241 per year. 3536
52425242 2. A license for any person licensed to operate any vessel 3537
52435243 carrying 6 or fewer customers but who operates a vessel carrying 3538
52445244 4 or fewer customers, wherein a fee is paid, either directly or 3539
52455245 indirectly, for the purpose of taking or attempting to take 3540
52465246 saltwater fish, is $200 per year. The license must be kept 3541
52475247 aboard the vessel at all times. 3542
52485248 3. A person who operates a vessel required to be licensed 3543
52495249 pursuant to paragraph (b) or this paragraph may obtain a license 3544
52505250 in her or his own name, and such license shall be transferable 3545
52515251 and apply to any vessel operated by the purchaser, provided that 3546
52525252 the purchaser has paid the appropriate license fee. 3547
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52615261 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
52625262
52635263
52645264
52655265 (d) A license for a recreational vessel not for hire and 3548
52665266 for which no fee is paid, either directly or indirectly, by 3549
52675267 guests for the purpose of taking or attempting to take saltwater 3550
52685268 fish noncommercially is $2,000 per year. The license may be 3551
52695269 purchased at the option of the vessel owner and must be kept 3552
52705270 aboard the vessel at all times. A log of species taken and the 3553
52715271 date the species were taken shall be maintained and a copy of 3554
52725272 the log filed with the commission at the time of renewal of the 3555
52735273 license. 3556
52745274 (e) The owner, operat or, or custodian of a vessel the 3557
52755275 operator of which has been licensed pursuant to paragraph (a) 3558
52765276 must maintain and report such statistical data as required by, 3559
52775277 and in a manner set forth in, the rules of the commission. 3560
52785278 (f) If the operator of a vessel that carries scuba divers 3561
52795279 for a fee, either directly or indirectly, maintains the 3562
52805280 appropriate vessel license under this subsection based upon the 3563
52815281 number of persons the vessel is licensed to carry and the 3564
52825282 applicable permits, the individual scuba divers engaging in 3565
52835283 taking or attempting to take saltwater products are not required 3566
52845284 to obtain individual fishing licenses or any applicable permits. 3567
52855285 However, if the operator of such a vessel does not have the 3568
52865286 appropriate license and applicable permits, the individual scub a 3569
52875287 divers engaging in taking or attempting to take saltwater 3570
52885288 products must have individual fishing licenses and any 3571
52895289 applicable permits. 3572
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52985298 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
52995299
53005300
53015301
53025302 (8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY 3573
53035303 PERMITS.—In order to ensure that the cultural heritage of 3574
53045304 hunting and sport fishing as recognized in s. 379.104 is passed 3575
53055305 on to future Floridians, the commission shall use up to 10 3576
53065306 percent of the proceeds from the hunting and sport fishing 3577
53075307 permits issued pursuant to this subsection to promote hunting 3578
53085308 and sport fishing activities with an emphasis on youth 3579
53095309 participation. In addition to any license required under this 3580
53105310 chapter, the following permits and fees for specified hunting, 3581
53115311 fishing, and other recreational uses and activities are 3582
53125312 required: 3583
53135313 (a) An annual Florida w aterfowl permit for a resident or 3584
53145314 nonresident to take wild ducks or geese within the state or its 3585
53155315 coastal waters is $5. Revenue generated from the sale of 3586
53165316 waterfowl permits or that pro rata portion of any license that 3587
53175317 includes waterfowl hunting privileges provided for in this 3588
53185318 paragraph shall be used for conservation, research, and 3589
53195319 management of waterfowl; for the development, restoration, 3590
53205320 maintenance, and preservation of wetlands within the state; or 3591
53215321 to promote the cultural heritage of hunting. 3592
53225322 (b)1. An annual Florida turkey permit for a resident to 3593
53235323 take wild turkeys within the state is $10. Revenue generated 3594
53245324 from the sale of resident wild turkey permits or that pro rata 3595
53255325 portion of any license that includes turkey hunting privileges 3596
53265326 provided for in this su bparagraph shall be used for the 3597
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53355335 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
53365336
53375337
53385338
53395339 conservation, research, and management of wild turkeys or to 3598
53405340 promote the cultural heritage of hunting. 3599
53415341 2. An annual Florida turkey permit for a nonresident to 3600
53425342 take wild turkeys within the state is $125. Revenue generated 3601
53435343 from the sale of nonresident wild turkey permits or that pro 3602
53445344 rata portion of any license that includes turkey hunting 3603
53455345 privileges provided for in this subparagraph shall be used for 3604
53465346 the conservation, research, and management of wild turkeys or to 3605
53475347 promote the cultural heritage of hunting. 3606
53485348 (c) An annual snook permit for a resident or nonresident 3607
53495349 to take or possess any snook from any waters of the state is 3608
53505350 $10. Revenue generated from the sale of snook permits shall be 3609
53515351 used exclusively for programs to benefit the snook population. 3610
53525352 (d) An annual spiny lobster permit for a resident or 3611
53535353 nonresident to take or possess any spiny lobster for 3612
53545354 recreational purposes from any waters of the state is $5. 3613
53555355 Revenue generated from the sale of spiny lobster permits shall 3614
53565356 be used exclusively for programs to benefit the spiny lobster 3615
53575357 population. 3616
53585358 (e) A $5 fee is imposed for each of the following permits: 3617
53595359 1. An annual archery season permit for a resident or 3618
53605360 nonresident to hunt within the state during any archery season 3619
53615361 authorized by the commission. 3620
53625362 2. An annual crossbow season permit for a resident or 3621
53635363 nonresident to hunt within the state during any crossbow season 3622
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53725372 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
53735373
53745374
53755375
53765376 authorized by the commission. 3623
53775377 3. An annual muzzle -loading gun season permit for a 3624
53785378 resident or nonresident to h unt within the state during any 3625
53795379 muzzle-loading gun season authorized by the commission. 3626
53805380 (f) A special use permit for a resident or nonresident to 3627
53815381 participate in limited entry hunting or fishing activities as 3628
53825382 authorized by commission rule shall not exceed $150 per day or 3629
53835383 $300 per week. Notwithstanding any other provision of this 3630
53845384 chapter, there are no exclusions, exceptions, or exemptions from 3631
53855385 this permit fee. In addition to the permit fee, the commission 3632
53865386 may charge each special use permit applicant a nonre fundable 3633
53875387 application fee not to exceed $10. 3634
53885388 (g)1. A management area permit for a resident or 3635
53895389 nonresident to hunt on, fish on, or otherwise use for outdoor 3636
53905390 recreational purposes land owned, leased, or managed by the 3637
53915391 commission, or by the state for the use and benefit of the 3638
53925392 commission, shall not exceed $30 per year. 3639
53935393 2. Permit fees for short -term use of land that is owned, 3640
53945394 leased, or managed by the commission may be established by rule 3641
53955395 of the commission for activities on such lands. Such permits may 3642
53965396 be in lieu of, or in addition to, the annual management area 3643
53975397 permit authorized in subparagraphs 1. and 4. 3644
53985398 3. Other than for hunting or fishing, the provisions of 3645
53995399 this paragraph shall not apply on any lands not owned by the 3646
54005400 commission, unless the commission ha s obtained the written 3647
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54095409 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
54105410
54115411
54125412
54135413 consent of the owner or primary custodian of such lands. 3648
54145414 4. A management area permit for a resident or nonresident 3649
54155415 to hike, camp, or otherwise engage in other outdoor recreational 3650
54165416 activities, except hunting or fishing, on managemen t area lands 3651
54175417 shall not exceed $5 per day or $30 per year. 3652
54185418 (h)1. A recreational user permit is required to hunt on, 3653
54195419 fish on, or otherwise use for outdoor recreational purposes land 3654
54205420 leased by the commission from private nongovernmental owners. 3655
54215421 The fee for a recreational user permit shall be based upon the 3656
54225422 economic compensation desired by the landowner, game population 3657
54235423 levels, desired hunter density, and administrative costs. The 3658
54245424 permit fee shall be set by commission rule on a per -acre basis. 3659
54255425 The recreational user permit fee, less administrative costs of 3660
54265426 up to $30 per permit, shall be remitted to the landowner as 3661
54275427 provided in the lease agreement for each area. 3662
54285428 2. One minor dependent under 16 years of age may hunt 3663
54295429 under the supervision of the permittee and is exempt from the 3664
54305430 recreational user permit requirements. The spouse and dependent 3665
54315431 children of a permittee are exempt from the recreational user 3666
54325432 permit requirements when engaged in outdoor recreational 3667
54335433 activities other than hunting and when accompanied by a 3668
54345434 permittee. Notwithstanding any other provision of this chapter, 3669
54355435 no other exclusions, exceptions, or exemptions from the 3670
54365436 recreational user permit fee are authorized. 3671
54375437 (i) An annual deer permit for a resident or nonresident to 3672
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54465446 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
54475447
54485448
54495449
54505450 take deer within the state dur ing any season authorized by the 3673
54515451 commission is $5. Revenue generated from the sale of deer 3674
54525452 permits shall be used for the conservation, research, and 3675
54535453 management of white-tailed deer or to promote the cultural 3676
54545454 heritage of hunting. 3677
54555455 3678
54565456 The commission shall prepare an annual report documenting the 3679
54575457 use of funds generated pursuant to paragraphs (a) and (b) and 3680
54585458 shall submit the report to the Governor, the Speaker of the 3681
54595459 House of Representatives, and the President of the Senate no 3682
54605460 later than September 1 of each y ear. 3683
54615461 (4)(9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.— 3684
54625462 (a) Five-year licenses are available for residents only , 3685
54635463 as follows: 3686
54645464 1. A 5-year freshwater fishing or saltwater fishing 3687
54655465 license is $77.50 for each type of license and authorizes the 3688
54665466 person to whom the license is issued to take or attempt to take 3689
54675467 or possess freshwater fish or saltwater fish consistent with the 3690
54685468 state and federal laws and regulations and rules of the 3691
54695469 commission in effect at the time of taking. 3692
54705470 2. A 5-year hunting license is $7 7.50 and authorizes the 3693
54715471 person to whom it is issued to take or attempt to take or 3694
54725472 possess game consistent with the state and federal laws and 3695
54735473 regulations and rules of the commission in effect at the time of 3696
54745474 taking. 3697
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54835483 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
54845484
54855485
54865486
54875487 3. The commission is authorized to sell the hunting, 3698
54885488 fishing, and recreational activity permits authorized in 3699
54895489 subsection (8) for a 5 -year period to match the purchase of 5 -3700
54905490 year fishing and hunting licenses. The fee for each permit 3701
54915491 issued under this paragraph shall be five times the annual cost 3702
54925492 established in subsection (8). 3703
54935493 (b) Proceeds from the sale of all 5 -year licenses and 3704
54945494 permits shall be deposited into the Dedicated License Trust 3705
54955495 Fund, to be distributed in accordance with the provisions of s. 3706
54965496 379.203. 3707
54975497 (10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING 3708
54985498 LICENSES.— 3709
54995499 (a) Lifetime freshwater fishing licenses or saltwater 3710
55005500 fishing licenses are available for residents only, as follows, 3711
55015501 for: 3712
55025502 1. Persons 4 years of age or younger, for a fee of $125. 3713
55035503 2. Persons 5 years of age or older, but under 13 years of 3714
55045504 age, for a fee of $225. 3715
55055505 3. Persons 13 years of age or older, for a fee of $300. 3716
55065506 (b) The following activities are authorized by the 3717
55075507 purchase of a lifetime freshwater fishing license: 3718
55085508 1. Taking, or attempting to take or possess, fres hwater 3719
55095509 fish consistent with the state and federal laws and regulations 3720
55105510 and rules of the commission in effect at the time of the taking. 3721
55115511 2. All activities authorized by a management area permit, 3722
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55205520 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
55215521
55225522
55235523
55245524 excluding hunting. 3723
55255525 (c) The following activities are authorized by the 3724
55265526 purchase of a lifetime saltwater fishing license: 3725
55275527 1. Taking, or attempting to take or possess, saltwater 3726
55285528 fish consistent with the state and federal laws and regulations 3727
55295529 and rules of the commission in effect at the time of the taking. 3728
55305530 2. All activities authorized by a snook permit and a spiny 3729
55315531 lobster permit. 3730
55325532 3. All activities for which an additional license, permit, 3731
55335533 or fee is required to take or attempt to take or possess 3732
55345534 saltwater fish, which additional license, permit, or fee was 3733
55355535 imposed subsequent to the date of the purchase of the lifetime 3734
55365536 saltwater fishing license. 3735
55375537 (5)(11) RESIDENT LIFETIME HUNTING LICENSES. — 3736
55385538 (a) Lifetime hunting licenses are available to residents 3737
55395539 only and authorizes the person to whom it is issued , as 3738
55405540 follows, for: 3739
55415541 1. Persons 4 years of age or younger, for a fee of $200. 3740
55425542 2. Persons 5 years of age or older, but under 13 years of 3741
55435543 age, for a fee of $350. 3742
55445544 3. Persons 13 years of age or older, for a fee of $500. 3743
55455545 (b) The following activities are authorized by the 3744
55465546 purchase of a lifetime hunting license: 3745
55475547 1. Taking, or attempting to take or attempt to take or 3746
55485548 possess, game consistent with the state and federal laws and 3747
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55575557 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
55585558
55595559
55605560
55615561 regulations and rules of the commission in effect at the time of 3748
55625562 the taking. 3749
55635563 2. All activities authorized by a muzzle -loading gun 3750
55645564 season permit, a crossbow season permit, a turkey permit, an 3751
55655565 archery season permit, a Florida waterfowl permit, a deer 3752
55665566 permit, and a management area permit, excluding fishing. 3753
55675567 (12) RESIDENT LIFETIME SPORTSMAN'S LI CENSES.— 3754
55685568 (a) Lifetime sportsman's licenses are available to 3755
55695569 residents only, as follows, for: 3756
55705570 1. Persons 4 years of age or younger, for a fee of $400. 3757
55715571 2. Persons 5 years of age or older, but under 13 years of 3758
55725572 age, for a fee of $700. 3759
55735573 3. Persons 13 years of age or older, for a fee of $1,000. 3760
55745574 (b) The following activities are authorized by the 3761
55755575 purchase of a lifetime sportsman's license: 3762
55765576 1. Taking, or attempting to take or possess, freshwater 3763
55775577 and saltwater fish, and game, consistent with the state and 3764
55785578 federal laws and regulations and rules of the commission in 3765
55795579 effect at the time of taking. 3766
55805580 2. All activities authorized by a management area permit, 3767
55815581 a muzzle-loading gun season permit, a crossbow season permit, a 3768
55825582 turkey permit, an archery season permit, a Florida waterfowl 3769
55835583 permit, a deer permit, a snook permit, and a spiny lobster 3770
55845584 permit. 3771
55855585 (13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES. —The 3772
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55945594 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
55955595
55965596
55975597
55985598 proceeds from the sale of all lifetime licenses authorized in 3773
55995599 this section shall be deposited into the Lifetime F ish and 3774
56005600 Wildlife Trust Fund, to be distributed as provided in s. 3775
56015601 379.207. 3776
56025602 (14) RECIPROCAL FEE AGREEMENTS. —The commission is 3777
56035603 authorized to reduce the fees for licenses and permits under 3778
56045604 this section for residents of those states with which the 3779
56055605 commission has entered into reciprocal agreements with respect 3780
56065606 to such fees. 3781
56075607 (15) FREE FISHING DAYS. —The commission may designate by 3782
56085608 rule no more than 6 consecutive or nonconsecutive days in each 3783
56095609 year as free freshwater fishing days and no more than 6 3784
56105610 consecutive or nonconsecutive days in each year as free 3785
56115611 saltwater fishing days. Notwithstanding any other provision of 3786
56125612 this chapter, a person may take freshwater fish for 3787
56135613 noncommercial purposes on a free freshwater fishing day and may 3788
56145614 take saltwater fish for noncommerc ial purposes on a free 3789
56155615 saltwater fishing day, without obtaining or possessing a license 3790
56165616 or permit or paying a license or permit fee as set forth in this 3791
56175617 section. A person who takes freshwater or saltwater fish on a 3792
56185618 free fishing day must comply with all law s, rules, and 3793
56195619 regulations governing the holders of a fishing license or permit 3794
56205620 and all other conditions and limitations regulating the taking 3795
56215621 of freshwater or saltwater fish as are imposed by law or rule. 3796
56225622 (6)(16) PROHIBITED LICENSES OR PERMITS. —A person may not 3797
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56315631 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
56325632
56335633
56345634
56355635 make, forge, counterfeit, or reproduce a license or permit 3798
56365636 required under this section, except for those persons authorized 3799
56375637 by the commission to make or reproduce such a license or permit. 3800
56385638 A person may not knowingly possess a forgery, counterfeit, or 3801
56395639 unauthorized reproduction of such a license or permit. A person 3802
56405640 who violates this subsection commits a Level Four violation 3803
56415641 under s. 379.401. 3804
56425642 (7)(17) SUSPENDED OR REVOKED LICENSES. —A person may not 3805
56435643 take game, freshwater fish, saltwater fish, or fur-bearing 3806
56445644 animals within this state if a license issued to such person as 3807
56455645 required under this section or a privilege granted to such 3808
56465646 person under s. 379.353 is suspended or revoked . A person who 3809
56475647 violates this subsection commits a Level Three violatio n under 3810
56485648 s. 379.401. 3811
56495649 (8)(18) VIOLATION OF SECTION. —Unless otherwise provided by 3812
56505650 law, a person who violates this section commits a Level One 3813
56515651 violation under s. 379.401. 3814
56525652 Section 105. Section 379.352, Florida Statutes, is amended 3815
56535653 to read: 3816
56545654 379.352 Recreational licenses, permits, and authorization 3817
56555655 numbers to take wild animal life , freshwater aquatic life, and 3818
56565656 marine life; issuance; costs; reporting.— 3819
56575657 (1) This section applies to all recreational licenses and 3820
56585658 permits and to any authorization numbers issue d by the 3821
56595659 commission for the use of such recreational licenses or permits. 3822
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56685668 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
56695669
56705670
56715671
56725672 (2) The commission shall establish forms for the issuance 3823
56735673 of recreational licenses and permits. 3824
56745674 (3) The commission shall issue a license, permit, or 3825
56755675 authorization number to take wild animal life, freshwater 3826
56765676 aquatic life, or marine life when an applicant provides proof 3827
56775677 that she or he is entitled to such license, permit, or 3828
56785678 authorization number. Each applicant for a recreational license, 3829
56795679 permit, or authorization number shall provide her or his social 3830
56805680 security number on the application form. Disclosure of social 3831
56815681 security numbers obtained through this requirement shall be 3832
56825682 limited to the purposes of administration of the Title IV -D 3833
56835683 program for child support enforcement, use by the commi ssion, 3834
56845684 and as otherwise provided by law. 3835
56855685 (4) Licenses and permits to take wild animal life, 3836
56865686 freshwater aquatic life, or marine life may be sold by the 3837
56875687 commission or, by any tax collector in the state , or by any 3838
56885688 subagent authorized under s. 379.3511 . 3839
56895689 (5) In addition to any license or permit fee, the sum of 3840
56905690 $1.50 shall be charged for each license or management area 3841
56915691 permit, except for replacement licenses, to cover the cost of 3842
56925692 issuing such license or permit. This charge does not apply to 3843
56935693 the shoreline fishing license; however, for each shoreline 3844
56945694 fishing license issued, the tax collector may retain 50 cents 3845
56955695 from other license proceeds otherwise due the commission. 3846
56965696 (6)(a) The fee established pursuant to subsection (5) 3847
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57055705 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
57065706
57075707
57085708
57095709 shall be distributed as follows: 3848
57105710 1. For each hunting license and freshwater fishing license 3849
57115711 sold by a tax collector, including the combination freshwater 3850
57125712 fishing and hunting license, the sportsman's license, and the 3851
57135713 gold sportsman's license, a tax collector may retain $1.00. 3852
57145714 2. For each management area permit sold by a tax 3853
57155715 collector, a tax collector may retain $1.00. 3854
57165716 3. For each saltwater fishing tag and saltwater fishing 3855
57175717 license sold by a tax collector, including the combination 3856
57185718 saltwater fishing and freshwater fishing license and the 3857
57195719 combination saltwater fishing, freshwater fishing, and hunting 3858
57205720 license, a tax collector may retain $1.50. 3859
57215721 4. For licenses and management area permits sold by 3860
57225722 subagents, a tax collector may retain 50 cents for each license 3861
57235723 sold in the tax collector's county. 3862
57245724 5. Any and all remaining fees shall be deposited in the 3863
57255725 State Game Trust Fund and shall be used to support an automated 3864
57265726 license system and administration of the license program. 3865
57275727 (b) Tax collectors shall remit license and permit revenue 3866
57285728 to the commission weekly. 3867
57295729 (7)(a) The sum of $10 shall be charged for each 3868
57305730 replacement lifetime license and $2 for all other replacement 3869
57315731 licenses and permits. A tax collector may retain $1.00 for each 3870
57325732 replacement license. 3871
57335733 (b) Fees collected from the issuance of replac ement 3872
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57425742 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
57435743
57445744
57455745
57465746 licenses shall be deposited in the State Game Trust Fund. 3873
57475747 (5)(8) At each location where hunting , fishing, or 3874
57485748 trapping licenses or permits are sold, voter registration 3875
57495749 applications shall be displayed and made available to the 3876
57505750 public. Subagents shall ask each person who applies for a 3877
57515751 hunting, fishing, or trapping license or permit if he or she 3878
57525752 would like a voter registration application and may provide such 3879
57535753 application to the license or permit applicant but shall not 3880
57545754 assist such persons with voter reg istration applications or 3881
57555755 collect complete or incomplete voter registration applications. 3882
57565756 (6)(9) Except as provided in subsections (8) and (12), 3883
57575757 each person who applies for a hunting , fishing, or trapping 3884
57585758 license or permit shall be asked if he or she wou ld like the 3885
57595759 appropriate supervisor of elections to provide a voter 3886
57605760 registration application to the applicant at a later date. If at 3887
57615761 the time a license is purchased the applicant indicates that he 3888
57625762 or she would like to receive a voter registration applicatio n, 3889
57635763 the commission shall, within 7 days, make the request available 3890
57645764 to the appropriate supervisor of elections or voter registration 3891
57655765 agency so that an application may be sent to the applicant. 3892
57665766 Supervisors of elections shall mail an application to each 3893
57675767 person requesting such application within 5 business days after 3894
57685768 receipt of the request. 3895
57695769 (7)(10) The commission may satisfy the requirements of 3896
57705770 subsection (6) (9) by providing access to an Internet site with 3897
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57795779 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
57805780
57815781
57825782
57835783 the voter registration information included thereon. 3898
57845784 (8)(11) When acting in its official capacity pursuant to 3899
57855785 this section, neither the commission nor a subagent is not 3900
57865786 deemed a third-party registration organization, as defined in s. 3901
57875787 97.021, or a voter registration agency, as defined in s. 97.021, 3902
57885788 and is not authorized to solicit, accept, or collect voter 3903
57895789 registration applications or provide voter registration 3904
57905790 services. 3905
57915791 (9)(12) Each person who applies for a hunting , fishing, or 3906
57925792 trapping license or permit on the Internet shall be provided a 3907
57935793 link to the Department of State's online uniform statewide voter 3908
57945794 registration application. 3909
57955795 (13) The commission, any tax collector in this state, or 3910
57965796 any subagent authorized to sell licenses and permits under s. 3911
57975797 379.3511 may request and collect donations when selling a 3912
57985798 recreational license or permit authorized under s. 379.354. All 3913
57995799 donations collected under this subsection shall be deposited 3914
58005800 into the State Game Trust Fund to be used solely for the purpose 3915
58015801 of enhancing youth hunting and youth freshwater and saltwater 3916
58025802 fishing programs. By January 1, the commission shall provide a 3917
58035803 complete and detailed annual report on the status of its youth 3918
58045804 programs and activities performed under this subsection to the 3919
58055805 Governor, the President of the Senate, and the Speaker of the 3920
58065806 House of Representatives. 3921
58075807 (10)(14) The commission is authorized to adopt rules 3922
58085808
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58165816 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
58175817
58185818
58195819
58205820 pursuant to ss. 120.536(1) and 120.54 to implement the 3923
58215821 provisions of this section. 3924
58225822 Section 106. Paragraph (b) of subsection (4) and paragraph 3925
58235823 (b) of subsection (5) of section 16.55 5, Florida Statutes, are 3926
58245824 amended to read: 3927
58255825 16.555 Crime Stoppers Trust Fund; rulemaking. — 3928
58265826 (4) 3929
58275827 (b) The proceeds of the court cost imposed by s. 938.06 3930
58285828 shall be deposited in a separate account in the trust fund, and 3931
58295829 within that account the funds shall be designated according to 3932
58305830 the judicial circuit in which they were collected. The funds in 3933
58315831 this account shall be used as provided in paragraph (5)(b). 3934
58325832 (5) 3935
58335833 (b) Funds deposited in the trust fund pursuant to 3936
58345834 paragraph (4)(b) shall be disbursed as provided in this 3937
58355835 paragraph. A county may apply to the department under s. 938.06 3938
58365836 for a grant from the funds collected in the judicial circuit in 3939
58375837 which the county is located. A grant may be awarded only to 3940
58385838 counties that are served by an official member of the Florida 3941
58395839 Association of Crime Stoppers and may be used only to support 3942
58405840 Crime Stoppers and its crime fighting programs. Only one such 3943
58415841 official member is eligible for support within any county. To 3944
58425842 aid the department in determining eligibility, the secretary of 3945
58435843 the Florida Association of Crime Stoppers shall furnish the 3946
58445844 department with a schedule of authorized crime stoppers programs 3947
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58535853 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
58545854
58555855
58565856
58575857 and shall update the schedule as necessary. The department shall 3948
58585858 award grants to eligible counties from available funds and shall 3949
58595859 distribute funds as equitably as possible, based on amounts 3950
58605860 collected within each county, if more than one county is 3951
58615861 eligible within a judicial circuit. 3952
58625862 Section 107. Paragraph (b) of subsection (8) of section 3953
58635863 212.06, Florida Statutes, is amended to read: 3954
58645864 212.06 Sales, storage, use tax; collectible from dealers; 3955
58655865 "dealer" defined; dealers to collect from purchasers; 3956
58665866 legislative intent as to scope of tax. — 3957
58675867 (8) 3958
58685868 (b) The presumption that tangible personal property used 3959
58695869 in another state, territory of the United States, or the 3960
58705870 District of Columbia for 6 months or longer before being 3961
58715871 imported into this state was not purchased for use in this state 3962
58725872 does not apply to any boat for which a saltwater fishing license 3963
58735873 fee is required to be paid pursuant to s. 379.354(7) , either 3964
58745874 directly or indirectly, for the purpose of taking, attempting to 3965
58755875 take, or possessing any saltwater fish for noncommercial 3966
58765876 purposes. Use tax shall app ly and be due on such a boat as 3967
58775877 provided in this paragraph, and proof of payment of such tax 3968
58785878 must be presented prior to the first such licensure of the boat, 3969
58795879 registration of the boat pursuant to chapter 328, and titling of 3970
58805880 the boat pursuant to chapter 328. A boat that is first licensed 3971
58815881 within 1 year after purchase shall be subject to use tax on the 3972
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58905890 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
58915891
58925892
58935893
58945894 full amount of the purchase price; a boat that is first licensed 3973
58955895 in the second year after purchase shall be subject to use tax on 3974
58965896 90 percent of the purchase pric e; a boat that is first licensed 3975
58975897 in the third year after purchase shall be subject to use tax on 3976
58985898 80 percent of the purchase price; a boat that is first licensed 3977
58995899 in the fourth year after purchase shall be subject to use tax on 3978
59005900 70 percent of the purchase pri ce; a boat that is first licensed 3979
59015901 in the fifth year after purchase shall be subject to use tax on 3980
59025902 60 percent of the purchase price; and a boat that is first 3981
59035903 licensed in the sixth year after purchase, or later, shall be 3982
59045904 subject to use tax on 50 percent of t he purchase price. If the 3983
59055905 purchaser fails to provide the purchase invoice on such boat, 3984
59065906 the fair market value of the boat at the time of importation 3985
59075907 into this state shall be used to compute the tax. 3986
59085908 Section 108. Subsection (1) of section 258.014, Flori da 3987
59095909 Statutes, is amended to read: 3988
59105910 258.014 Use of state parks; fees for use; campsite 3989
59115911 reservations.— 3990
59125912 (1) STATE PARK TRUST FUND FEES FOR USE.— 3991
59135913 (a) The Division of Recreation and Parks shall have the 3992
59145914 power to charge reasonable fees, rentals, or charges f or the use 3993
59155915 or operation of facilities and concessions in state parks. All 3994
59165916 such fees, rentals, and charges so collected must be deposited 3995
59175917 in the State Treasury to the credit of " State Park Trust Fund ," 3996
59185918 which is hereby created., The continuing balance of the which 3997
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59275927 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
59285928
59295929
59305930
59315931 fund is hereby appropriated to be expended by the Division of 3998
59325932 Recreation and Parks for the administration, improvement, and 3999
59335933 maintenance of state parks and for the acquisition and 4000
59345934 development of lands hereafter acquired for state park purposes. 4001
59355935 The appropriation of the fund shall be continuing and may not 4002
59365936 revert to the General Revenue Fund at the end of any fiscal year 4003
59375937 or at any other time but shall, until expended, be continually 4004
59385938 available to the division for the uses and purposes set forth. 4005
59395939 (b) Any moneys received in trust by the division by gift, 4006
59405940 devise, appropriation, or otherwise shall, subject to the terms 4007
59415941 of such trust, be deposited with the Chief Financial Officer in 4008
59425942 a fund to be known as the "State Park Trust Fund, " and shall be 4009
59435943 subject to withdrawal upon application of the division for 4010
59445944 expenditure or investment in accordance with the terms of the 4011
59455945 trust. Unless prohibited by the terms of the trust by which the 4012
59465946 moneys are derived, all such moneys may be invested as provided 4013
59475947 by law. 4014
59485948 Section 109. Section 258.0142, Florida Statutes, is 4015
59495949 amended to read: 4016
59505950 258.0142 Foster and adoptive family state park events fee 4017
59515951 discounts.— 4018
59525952 (1) To promote awareness of the contributions made by 4019
59535953 foster families and adoptive families to the vitality of the 4020
59545954 state, the Division of Recreation and Parks shall provide the 4021
59555955 following discounts on state park fees to persons who present 4022
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59645964 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
59655965
59665966
59675967
59685968 written documentation satisfactory to the division which 4023
59695969 evidences their eligibility for the discounts: 4024
59705970 (a) Families operating a licens ed family foster home under 4025
59715971 s. 409.175 shall receive family annual entrance passes at no 4026
59725972 charge and a 50 percent discount on base campsite fees at state 4027
59735973 parks. 4028
59745974 (b) Families who adopt a difficult -to-place child as 4029
59755975 described in s. 409.166(2)(d)2. from the Department of Children 4030
59765976 and Families shall receive a one -time family annual entrance 4031
59775977 pass at no charge at the time of the adoption. 4032
59785978 (2) The division, in consultation with the Department of 4033
59795979 Children and Families, shall identify the types of documentation 4034
59805980 sufficient to establish eligibility for the discounts under this 4035
59815981 section and establish a procedure for obtaining the discounts. 4036
59825982 (3) The division shall continue its partnership with the 4037
59835983 Department of Children and Families to promote fostering and 4038
59845984 adoption of difficult-to-place children with events held each 4039
59855985 year during National Foster Care Month and National Adoption 4040
59865986 Month. 4041
59875987 Section 110. Paragraphs (c) and (d) of subsection (11) of 4042
59885988 section 318.18, Florida Statutes, are amended to read: 4043
59895989 318.18 Amount of penalties.—The penalties required for a 4044
59905990 noncriminal disposition pursuant to s. 318.14 or a criminal 4045
59915991 offense listed in s. 318.17 are as follows: 4046
59925992 (11) 4047
59935993
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60016001 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
60026002
60036003
60046004
60056005 (c) In addition to the court cost required under paragraph 4048
60066006 (a), a $2.50 court cost must be paid for eac h infraction to be 4049
60076007 distributed by the clerk to the county to help pay for criminal 4050
60086008 justice education and training programs pursuant to s. 938.15 . 4051
60096009 Funds from the distribution to the county not directed by the 4052
60106010 county to fund these centers or programs shall b e retained by 4053
60116011 the clerk and used for funding the court -related services of the 4054
60126012 clerk. 4055
60136013 (d) In addition to the court cost required under paragraph 4056
60146014 (a), a $3 court cost must be paid for each infraction to be 4057
60156015 distributed as provided in s. 938.01 and a $2 court cost as 4058
60166016 provided in s. 938.15 when assessed by a municipality or county . 4059
60176017 Section 111. Subsection (10) of section 318.21, Florida 4060
60186018 Statutes, is amended to read: 4061
60196019 318.21 Disposition of civil penalties by county courts. —4062
60206020 All civil penalties received by a county court pursuant to the 4063
60216021 provisions of this chapter shall be distributed and paid monthly 4064
60226022 as follows: 4065
60236023 (10) The additional costs and surcharges on criminal 4066
60246024 traffic offenses provided for under s. 938.03 ss. 938.03 and 4067
60256025 938.04 must be collected and dis tributed by the clerk of the 4068
60266026 court as provided in those sections. The additional costs and 4069
60276027 surcharges must also be collected for the violation of any 4070
60286028 ordinances adopting the criminal traffic offenses enumerated in 4071
60296029 s. 318.17. 4072
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60386038 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
60396039
60406040
60416041
60426042 Section 112. Paragraph (b) of subsection (11) of section 4073
60436043 327.73, Florida Statutes, is amended to read: 4074
60446044 327.73 Noncriminal infractions. — 4075
60456045 (11) 4076
60466046 (b) In addition to the court cost assessed under paragraph 4077
60476047 (a), the court shall impose a $3 court cost for each noncriminal 4078
60486048 infraction, to be distributed as provided in s. 938.01 , and a $2 4079
60496049 court cost as provided in s. 938.15 when assessed by a 4080
60506050 municipality or county . 4081
60516051 4082
60526052 Court costs imposed under this subsection may not exceed $45. A 4083
60536053 criminal justice selection center or both local criminal jus tice 4084
60546054 access and assessment centers may be funded from these court 4085
60556055 costs. 4086
60566056 Section 113. Section 379.203, Florida Statutes, is amended 4087
60576057 to read: 4088
60586058 379.203 Dedicated License Trust Fund. — 4089
60596059 (1) There is established within the Fish and Wildlife 4090
60606060 Conservation Commission the Dedicated License Trust Fund. The 4091
60616061 fund shall be credited with moneys collected pursuant to s. 4092
60626062 379.354 for 5-year licenses and permits and replacement 5 -year 4093
60636063 licenses. 4094
60646064 (2)(a) One-fifth of the total proceeds from the sale of 5-4095
60656065 year hunting and freshwater fishing licenses, permits, and 4096
60666066 replacement licenses, and all interest derived therefrom, shall 4097
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60756075 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
60766076
60776077
60786078
60796079 be appropriated annually to the State Game Trust Fund. 4098
60806080 (b) One-fifth of the total proceeds from the sale of 5-4099
60816081 year saltwater fishing licenses, permits, and replacement 4100
60826082 licenses, and all interest derived therefrom, shall be 4101
60836083 appropriated annually to the Marine Resources Conservation Trust 4102
60846084 Fund. 4103
60856085 (3) The fund shall be exempt from the provisions of s. 4104
60866086 215.20. 4105
60876087 Section 114. Subsection (2) of section 379.207, Florida 4106
60886088 Statutes, is amended to read: 4107
60896089 379.207 Lifetime Fish and Wildlife Trust Fund. — 4108
60906090 (2) The principal of the fund shall be derived from the 4109
60916091 following: 4110
60926092 (a) proceeds of any gifts, grants, and contributions to 4111
60936093 the state which are specifically designated for inclusion in the 4112
60946094 fund. 4113
60956095 (b) Proceeds from the sale of lifetime licenses issued in 4114
60966096 accordance with s. 379.354. 4115
60976097 Section 115. Paragraph (c) of subsection (2) of section 4116
60986098 379.208, Florida Statutes, is amended to read: 4117
60996099 379.208 Marine Resources Conservation Trust Fund; 4118
61006100 purposes.— 4119
61016101 (2) The Marine Resources Conservation Trust Fund shall 4120
61026102 receive the proceeds from: 4121
61036103 (c) All fees collected under ss. 379.2424, 379.357, 4122
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61126112 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
61136113
61146114
61156115
61166116 379.365, 379.366, and 379.3671. 4123
61176117 Section 116. Section 379.2201, Florida Statutes, is 4124
61186118 amended to read: 4125
61196119 379.2201 Deposit of license fees; allocation of federal 4126
61206120 funds.— 4127
61216121 (1) Funds in Except as provided in ss. 379.203 and 4128
61226122 379.207, all saltwater license and permit fees collected 4129
61236123 pursuant to s. 379.354 shall be deposited into the Marine 4130
61246124 Resources Conservation Trust Fund shall, to be used as follows: 4131
61256125 (a) Not more than 7.5 percent of the total fees collected 4132
61266126 shall be used for administration of the licensing pr ogram and 4133
61276127 for information and education. 4134
61286128 (b) Not less than 30 percent of the total funds fees 4135
61296129 collected shall be used for law enforcement. 4136
61306130 (c) Not less than 32.5 percent of the total funds fees 4137
61316131 collected shall be used for marine research and management . 4138
61326132 (d) Not less than 30 percent of the total funds shall be 4139
61336133 used fees collected, for fishery enhancement, including, but not 4140
61346134 limited to, fishery statistics development, artificial reefs, 4141
61356135 and fish hatcheries. 4142
61366136 (2) The proceeds from recreational saltwater fishing 4143
61376137 license fees paid by fishers shall only be appropriated to the 4144
61386138 commission. 4145
61396139 (2)(3) Funds available from the Wallop -Breaux Aquatic 4146
61406140 Resources Trust Fund shall be distributed by the commission 4147
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61496149 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
61506150
61516151
61526152
61536153 between freshwater fisheries management and research and marine 4148
61546154 fisheries management and research in proportion to the numbers 4149
61556155 of resident fresh and saltwater anglers as determined by the 4150
61566156 most current data on license sales. Unless otherwise provided by 4151
61576157 federal law, the commission, at a minimum, shall provide the 4152
61586158 following: 4153
61596159 (a) Not less than 5 percent or more than 10 percent of the 4154
61606160 funds allocated to the commission shall be expended for an 4155
61616161 aquatic resources education program; and 4156
61626162 (b) Not less than 10 percent of the funds allocated to the 4157
61636163 commission shall be ex pended for acquisition, development, 4158
61646164 renovation, or improvement of boating facilities. 4159
61656165 Section 117. Section 379.3501, Florida Statutes, is 4160
61666166 amended to read: 4161
61676167 379.3501 Expiration of licenses and permits. —Each license 4162
61686168 or permit issued under this part mus t be dated when issued. Each 4163
61696169 license or permit issued under this part remains valid for 12 4164
61706170 months after the date of issuance, except for a lifetime license 4165
61716171 issued pursuant to s. 379.354 which is valid from the date of 4166
61726172 issuance until the death of the indivi dual to whom the license 4167
61736173 is issued unless otherwise revoked in accordance with s. 379.401 4168
61746174 or s. 379.404, or a 5 -year license issued pursuant to s. 379.354 4169
61756175 which is valid for 5 consecutive years from the date of purchase 4170
61766176 unless otherwise revoked in accordan ce with s. 379.401 or s. 4171
61776177 379.404, or a license issued pursuant to s. 379.354(5)(a), (b), 4172
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61866186 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
61876187
61886188
61896189
61906190 (c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for 4173
61916191 the period specified on the license . A resident lifetime license 4174
61926192 or a resident 5-year license that has been purchased by a 4175
61936193 resident of this state and who subsequently resides in another 4176
61946194 state shall be honored for activities authorized by that 4177
61956195 license. 4178
61966196 Section 118. Paragraph (b) of subsection (2), subsection 4179
61976197 (7), and subsection (8) of section 379.3581, F lorida Statutes, 4180
61986198 are amended to read: 4181
61996199 379.3581 Hunter safety course; requirements; penalty. — 4182
62006200 (2) 4183
62016201 (b) A person born on or after June 1, 1975, who has not 4184
62026202 successfully completed a hunter safety course may apply to the 4185
62036203 commission for a special authorization to hunt under 4186
62046204 supervision. The special authorization for supervised hunting 4187
62056205 shall be designated o n any license or permit required under this 4188
62066206 chapter for a person to take game or fur -bearing animals. A 4189
62076207 person issued a license with a special authorization to hunt 4190
62086208 under supervision must hunt under the supervision of, and in the 4191
62096209 presence of, a person 21 y ears of age or older who is licensed 4192
62106210 to hunt pursuant to s. 379.354 or who is exempt from licensing 4193
62116211 requirements or eligible for a free license pursuant to s. 4194
62126212 379.353. 4195
62136213 (7) The hunter safety requirements of this section do not 4196
62146214 apply to persons for whom li censes are not required under s. 4197
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62236223 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
62246224
62256225
62266226
62276227 379.353(2). 4198
62286228 (7)(8) A person who violates this section commits a Level 4199
62296229 One violation under s. 379.401. 4200
62306230 4201
62316231 Section 119. Paragraph (a) of subsection (1) of section 4202
62326232 379.363, Florida Statutes, is amended to read: 4203
62336233 379.363 Freshwater fish dealer's license. — 4204
62346234 (1) No person shall engage in the business of taking for 4205
62356235 sale or selling any frogs or freshwater fish, including live 4206
62366236 bait, of any species or size, or importing any exotic or 4207
62376237 nonnative fish, until such person has obtaine d a license and 4208
62386238 paid the fee therefor as set forth herein. The license issued 4209
62396239 shall be in the possession of the person to whom issued while 4210
62406240 such person is engaging in the business of taking for sale or 4211
62416241 selling freshwater fish or frogs, is not transferable, shall 4212
62426242 bear on its face in indelible ink the name of the person to whom 4213
62436243 it is issued, and shall be affixed to a license identification 4214
62446244 card issued by the commission. Such license is not valid unless 4215
62456245 it bears the name of the person to whom it is issued and is so 4216
62466246 affixed. The failure of such person to exhibit such license to 4217
62476247 the commission or any of its wildlife officers when such person 4218
62486248 is found engaging in such business is a violation of law. The 4219
62496249 license fees and activities permitted under particular licens es 4220
62506250 are as follows: 4221
62516251 (a) The fee for a resident commercial fishing license, 4222
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62606260 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
62616261
62626262
62636263
62646264 which permits a resident to take freshwater fish or frogs by any 4223
62656265 lawful method prescribed by the commission and to sell such fish 4224
62666266 or frogs, shall be $25. The license provided for i n this 4225
62676267 paragraph shall also allow noncommercial fishing as provided by 4226
62686268 law and commission rules, and the license in s. 379.354(4)(a) 4227
62696269 shall not be required. 4228
62706270 Section 120. Subsection (2) of section 379.3712, Florida 4229
62716271 Statutes, is amended to read: 4230
62726272 379.3712 Private hunting preserve license fees; 4231
62736273 exception.— 4232
62746274 (2) A commercial hunting preserve license , which shall 4233
62756275 exempt patrons of licensed preserves from the license and permit 4234
62766276 requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j); 4235
62776277 (5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12) 4236
62786278 while hunting on the licensed preserve property, shall be $500. 4237
62796279 Such commercial hunting preserve license shall be available only 4238
62806280 to those private hunting preserves licensed pursuant to this 4239
62816281 section which are oper ated exclusively for commercial purposes, 4240
62826282 which are open to the public, and for which a uniform fee is 4241
62836283 charged to patrons for hunting privileges. 4242
62846284 Section 121. Paragraphs (e) and (g) of subsection (1) of 4243
62856285 section 379.3751, Florida Statutes, are amended t o read: 4244
62866286 379.3751 Taking and possession of alligators; trapping 4245
62876287 licenses; fees.— 4246
62886288 (1) 4247
62896289
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62976297 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
62986298
62996299
63006300
63016301 (e) An alligator trapping license or alligator trapping 4248
63026302 agent license is not required for a person taking alligators 4249
63036303 under a military or disabled veterans event permit issued by the 4250
63046304 commission pursuant to s. 379.353(2)(q) , Florida Statutes 2023 . 4251
63056305 (g) A person engaged in the taking of alligators under any 4252
63066306 permit issued by the commission which authorizes the taking of 4253
63076307 alligators is not required to possess a management ar ea permit 4254
63086308 under s. 379.354(8). 4255
63096309 Section 122. Section 379.401, Florida Statutes, is amended 4256
63106310 to read: 4257
63116311 379.401 Penalties and violations; civil penalties for 4258
63126312 noncriminal infractions; criminal penalties; suspension and 4259
63136313 forfeiture of licenses and permits. — 4260
63146314 (1) LEVEL ONE VIOLATIONS. — 4261
63156315 (a) A person commits a Level One violation if he or she 4262
63166316 violates any of the following provisions: 4263
63176317 1. Rules or orders of the commission relating to the 4264
63186318 filing of reports or other documents required to be filed by 4265
63196319 persons who hold any recreational licenses and permits or any 4266
63206320 alligator licenses and permits issued by the commission. 4267
63216321 2. Rules or orders of the commission relating to quota 4268
63226322 hunt permits, daily use permits, hunting zone assignments, 4269
63236323 camping, alcoholic beverages, ve hicles, and check stations 4270
63246324 within wildlife management areas or other areas managed by the 4271
63256325 commission. 4272
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63346334 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
63356335
63366336
63376337
63386338 3. Rules or orders of the commission relating to daily use 4273
63396339 permits, alcoholic beverages, swimming, possession of firearms, 4274
63406340 operation of vehicles, and wa tercraft speed within fish 4275
63416341 management areas managed by the commission. 4276
63426342 4. Rules or orders of the commission relating to vessel 4277
63436343 size or specifying motor restrictions on specified water bodies. 4278
63446344 5. Rules or orders of the commission requiring the return 4279
63456345 of unused CITES tags issued under the Statewide Alligator 4280
63466346 Harvest Program or the Statewide Nuisance Alligator Program. 4281
63476347 6. Section 379.3003, prohibiting deer hunting unless 4282
63486348 required clothing is worn. 4283
63496349 7. Section 379.354(1), (2), and (3) Section 379.354(1)-4284
63506350 (15), providing for recreational licenses to hunt, fish, and 4285
63516351 trap. 4286
63526352 8. Section 379.3581, providing hunter safety course 4287
63536353 requirements. 4288
63546354 (b) A person who commits a Level One violation commits a 4289
63556355 noncriminal infraction and shall be cited to appear before the 4290
63566356 county court. 4291
63576357 (c)1. The civil penalty for committing a Level One 4292
63586358 violation involving the license and permit requirements of s. 4293
63596359 379.354 is $50 plus the cost of the license or permit , unless 4294
63606360 subparagraph 2. applies. Alternatively , except for a person who 4295
63616361 violates s. 379.354(6), (7), or (8)(f) or (h), a person who 4296
63626362 violates the license and permit requirements of s. 379.354 and 4297
63636363
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63716371 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
63726372
63736373
63746374
63756375 is subject to the penalties of this subparagraph may purchase 4298
63766376 the license or permit, provide proof of such license or permit, 4299
63776377 and pay a civil penalty of $50. 4300
63786378 2. The civil penalty for committing a Level One violation 4301
63796379 involving the license and permit requirements of s. 379.354 is 4302
63806380 $250 plus the cost of the license or permit if the person cited 4303
63816381 has previously committed the same Level One violation within the 4304
63826382 preceding 36 months. Alternatively , except for a person who 4305
63836383 violates s. 379.354(6), (7), or (8)(f) or (h), a person who 4306
63846384 violates the license and permit requirements of s. 379.354 and 4307
63856385 is subject to the penalties of this subparagraph may purchase 4308
63866386 the license or permit, provide proof of such license or permit, 4309
63876387 and pay a civil penalty of $250. 4310
63886388 (d)1. The civil penalty for any other Level One violation 4311
63896389 is $50 unless subparagraph 2. applies. 4312
63906390 2. The civil penalty for any other Level One vio lation is 4313
63916391 $250 if the person cited has previously committed the same Level 4314
63926392 One violation within the preceding 36 months. 4315
63936393 (e) A person cited for a Level One violation shall sign 4316
63946394 and accept a citation to appear before the county court. The 4317
63956395 issuing officer may indicate on the citation the time and 4318
63966396 location of the scheduled hearing and shall indicate the 4319
63976397 applicable civil penalty. 4320
63986398 (f) A person cited for a Level One violation may pay the 4321
63996399 civil penalty, and, if applicable, provide proof of the license 4322
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64086408 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
64096409
64106410
64116411
64126412 or permit required under s. 379.354 by mail or in person within 4323
64136413 30 days after receipt of the citation. If the civil penalty is 4324
64146414 paid, the person shall be deemed to have admitted committing the 4325
64156415 Level One violation and to have waived his or her right to a 4326
64166416 hearing before the county court. Such admission may not be used 4327
64176417 as evidence in any other proceedings except to determine the 4328
64186418 appropriate fine for any subsequent violations. 4329
64196419 (g) A person who refuses to accept a citation, who fails 4330
64206420 to pay the civil penalty for a Leve l One violation, or who fails 4331
64216421 to appear before a county court as required commits a 4332
64226422 misdemeanor of the second degree, punishable as provided in s. 4333
64236423 775.082 or s. 775.083. 4334
64246424 (h) A person who elects to appear before the county court 4335
64256425 or who is required to appe ar before the county court shall be 4336
64266426 deemed to have waived the limitations on civil penalties 4337
64276427 provided under paragraphs (c) and (d). After a hearing, the 4338
64286428 county court shall determine if a Level One violation has been 4339
64296429 committed, and if so, may impose a civil penalty of not less 4340
64306430 than $50 for a first -time violation, and not more than $500 for 4341
64316431 subsequent violations. A person found guilty of committing a 4342
64326432 Level One violation may appeal that finding to the circuit 4343
64336433 court. The commission of a violation must be proved beyond a 4344
64346434 reasonable doubt. 4345
64356435 (i) A person cited for violating the requirements of s. 4346
64366436 379.354 relating to personal possession of a license or permit 4347
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64456445 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
64466446
64476447
64486448
64496449 may not be convicted if, before or at the time of a county court 4348
64506450 hearing, the person produces the required license or permit for 4349
64516451 verification by the hearing officer or the court clerk. The 4350
64526452 license or permit must have been valid at the time the person 4351
64536453 was cited. The clerk or hearing officer may assess a $10 fee for 4352
64546454 costs under this paragraph, from which the cler k shall remit $5 4353
64556455 to the Department of Revenue for deposit into the General 4354
64566456 Revenue Fund. 4355
64576457 (2) LEVEL TWO VIOLATIONS. — 4356
64586458 (a) A person commits a Level Two violation if he or she 4357
64596459 violates any of the following provisions: 4358
64606460 1. Rules or orders of the commission relating to seasons 4359
64616461 or time periods for the taking of wildlife, freshwater fish, or 4360
64626462 saltwater fish. 4361
64636463 2. Rules or orders of the commission establishing bag, 4362
64646464 possession, or size limits or restricting methods of taking 4363
64656465 wildlife, freshwater fish, or saltwate r fish. 4364
64666466 3. Rules or orders of the commission prohibiting access or 4365
64676467 otherwise relating to access to wildlife management areas or 4366
64686468 other areas managed by the commission. 4367
64696469 4. Rules or orders of the commission relating to the 4368
64706470 feeding of saltwater fish. 4369
64716471 5. Rules or orders of the commission relating to landing 4370
64726472 requirements for freshwater fish or saltwater fish. 4371
64736473 6. Rules or orders of the commission relating to 4372
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64826482 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
64836483
64846484
64856485
64866486 restricted hunting areas, critical wildlife areas, or bird 4373
64876487 sanctuaries. 4374
64886488 7. Rules or orders of the commission relating to tagging 4375
64896489 requirements for wildlife and fur -bearing animals. 4376
64906490 8. Rules or orders of the commission relating to the use 4377
64916491 of dogs for the taking of wildlife. 4378
64926492 9. Rules or orders of the commission which are not 4379
64936493 otherwise classified. 4380
64946494 10. Rules or orders of the commission prohibiting the 4381
64956495 unlawful use of traps, unless otherwise provided by law. 4382
64966496 11. Rules or orders of the commission requiring the 4383
64976497 maintenance of records relating to alligators. 4384
64986498 12. Rules or orders of the commission requi ring the return 4385
64996499 of unused CITES tags issued under an alligator program other 4386
65006500 than the Statewide Alligator Harvest Program or the Statewide 4387
65016501 Nuisance Alligator Program. 4388
65026502 13. All requirements or prohibitions under this chapter 4389
65036503 which are not otherwise classif ied. 4390
65046504 14. Section 379.105, prohibiting the intentional 4391
65056505 harassment of hunters, fishers, or trappers. 4392
65066506 15. Section 379.2421, relating to fishers and equipment. 4393
65076507 16. Section 379.2425, relating to spearfishing. 4394
65086508 17. Section 379.29, prohibiting the contamin ation of fresh 4395
65096509 waters. 4396
65106510 18. Section 379.295, prohibiting the use of explosives and 4397
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65196519 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
65206520
65216521
65226522
65236523 other substances or force in fresh waters. 4398
65246524 19. Section 379.3502, prohibiting the loan or transfer of 4399
65256525 a license or permit and the use of a borrowed or transferred 4400
65266526 license or permit. 4401
65276527 20. Section 379.3503, prohibiting false statements in an 4402
65286528 application for a license or permit. 4403
65296529 21. Section 379.3504, prohibiting entering false 4404
65306530 information on licenses or permits. 4405
65316531 22. Section 379.3511, relating to the sale of hunting, 4406
65326532 fishing, and trapping licenses and permits by subagents. 4407
65336533 23. Section 379.357(3), prohibiting the taking, killing, 4408
65346534 or possession of tarpon without purchasing a tarpon tag. 4409
65356535 22.24. Section 379.363, relating to freshwater fish dealer 4410
65366536 licenses. 4411
65376537 23.25. Section 379.364, relating to fur and hide dealer 4412
65386538 licenses. 4413
65396539 24.26. Section 379.365(2)(b), prohibiting the theft of 4414
65406540 stone crab trap contents or trap gear. 4415
65416541 25.27. Section 379.366(4)(b), prohibiting the theft of 4416
65426542 blue crab trap contents or trap gear. 4417
65436543 26.28. Section 379.3671(2)(c), except s. 379.3671(2)(c)5., 4418
65446544 prohibiting the theft of spiny lobster trap contents or trap 4419
65456545 gear. 4420
65466546 27.29. Section 379.3751, relating to licenses for the 4421
65476547 taking and possession of alligators. 4422
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65566556 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
65576557
65586558
65596559
65606560 28.30. Section 379.3752, relating to tagging requirements 4423
65616561 for alligators and hides. 4424
65626562 29.31. Section 379.413, prohibiting the unlawful taking of 4425
65636563 bonefish. 4426
65646564 (b)1. A person who commits a Level Two violation but who 4427
65656565 has not been convicted of a Level Two or higher violation within 4428
65666566 the past 3 years commits a misdemeanor of the second degree, 4429
65676567 punishable as provided in s. 775.082 or s. 775.083. 4430
65686568 2. Unless the stricter penalties in subparagraph 3. or 4431
65696569 subparagraph 4. apply, a person who commits a Level Two 4432
65706570 violation within 3 years after a previous conviction for a Level 4433
65716571 Two or higher violation commits a misdemeanor of the first 4434
65726572 degree, punishable as provided in s. 775.082 or s. 775.083, with 4435
65736573 a minimum mandatory fine of $250. 4436
65746574 3. Unless the stricter penalties in subpara graph 4. apply, 4437
65756575 a person who commits a Level Two violation within 5 years after 4438
65766576 two previous convictions for a Level Two or higher violation, 4439
65776577 commits a misdemeanor of the first degree, punishable as 4440
65786578 provided in s. 775.082 or s. 775.083, with a minimum mand atory 4441
65796579 fine of $500 and a suspension of any recreational license or 4442
65806580 permit issued under s. 379.354 for 1 year. Such suspension shall 4443
65816581 include the suspension of the privilege to obtain such license 4444
65826582 or permit and the suspension of the ability to exercise any 4445
65836583 privilege granted under any exemption in s. 379.353 . 4446
65846584 4. A person who commits a Level Two violation within 10 4447
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65936593 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
65946594
65956595
65966596
65976597 years after three previous convictions for a Level Two or higher 4448
65986598 violation commits a misdemeanor of the first degree, punishable 4449
65996599 as provided in s. 775.082 or s. 775.083, with a minimum 4450
66006600 mandatory fine of $750 and a suspension of any recreational 4451
66016601 license or permit issued under s. 379.354 for 3 years. Such 4452
66026602 suspension shall include the suspension of the privilege to 4453
66036603 obtain such license or permit and the suspension of the ability 4454
66046604 to exercise any privilege granted under s. 379.353. If the 4455
66056605 recreational license or permit being suspended was an annual 4456
66066606 license or permit, any privileges under s. 379.354 ss. 379.353 4457
66076607 and 379.354 may not be acquired for a 3 -year period following 4458
66086608 the date of the violation. 4459
66096609 (3) LEVEL THREE VIOLATIONS. — 4460
66106610 (a) A person commits a Level Three violation if he or she 4461
66116611 violates any of the following provisions: 4462
66126612 1. Rules or orders of the commission prohibiting the sale 4463
66136613 of saltwater fish. 4464
66146614 2. Rules or orders of the commission prohibiting the 4465
66156615 illegal importation or possession of exotic marine plants or 4466
66166616 animals. 4467
66176617 3. Section 379.28, prohibiting the importation of 4468
66186618 freshwater fish. 4469
66196619 4. Section 379.3014, prohibiting the illegal sale or 4470
66206620 possession of alligators. 4471
66216621 5. Section 379.354(7) section 379.354(17), prohibiting the 4472
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66306630 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
66316631
66326632
66336633
66346634 taking of game, freshwater fish, or saltwater fish while a 4473
66356635 required license is suspended or revoked. 4474
66366636 6. Section 379.357(4), prohibiting the sale, transfer, or 4475
66376637 purchase of tarpon. 4476
66386638 6.7. Section 379.404(1), (3), and (6), prohibiting the 4477
66396639 illegal taking and possession of deer and wild turkey. 4478
66406640 7.8. Section 379.4041(1), prohibiting the illegal taking 4479
66416641 and possession of bears. 4480
66426642 8.9. Section 379.406, prohibiting the possession and 4481
66436643 transportation of commercial quantities of freshwater game fish. 4482
66446644 9.10. Section 379.407(2), establishing major violations. 4483
66456645 10.11. Section 379.407(4), prohibiting the possession of 4484
66466646 certain finfish in excess of recreational daily bag limits. 4485
66476647 (b)1. A person who commits a Level Three violation but who 4486
66486648 has not been convicted of a Level Three or higher violation 4487
66496649 within the past 10 years commits a misdemeanor of the first 4488
66506650 degree, punishable as provided in s. 775.082 or s. 775.083. 4489
66516651 2. A person who commits a Level Three violation within 10 4490
66526652 years after a previous conviction for a Level Three or higher 4491
66536653 violation commits a misdemeanor of the first degree, punishable 4492
66546654 as provided in s. 775.082 or s. 775.083, with a minimum 4493
66556655 mandatory fine of $750 and a suspension of any recreational 4494
66566656 license or permit issued under s. 379.354 for the remainder of 4495
66576657 the period for which the license or permit was issued up to 3 4496
66586658 years. Such suspension shall include the suspension of the 4497
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66676667 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
66686668
66696669
66706670
66716671 privilege to obtain such license or permit and the ability to 4498
66726672 exercise any privilege granted under s. 379.353. If the 4499
66736673 recreational license or permit being suspended was an annual 4500
66746674 license or permit, any privileges under s. 379.354 ss. 379.353 4501
66756675 and 379.354 may not be acquired for a 3 -year period following 4502
66766676 the date of the violation. 4503
66776677 3. A person who commits a violation of s. 379.354(7) s. 4504
66786678 379.354(17) shall receive a mandatory fine of $1,000. Any 4505
66796679 privileges under s. 379.354 ss. 379.353 and 379.354 may not be 4506
66806680 acquired for a 5-year period following the date of th e 4507
66816681 violation. 4508
66826682 (4) LEVEL FOUR VIOLATIONS. — 4509
66836683 (a) A person commits a Level Four violation if he or she 4510
66846684 violates any of the following provisions: 4511
66856685 1. Section 379.354(6) section 379.354(16), prohibiting the 4512
66866686 making, forging, counterfeiting, or reproduction of a 4513
66876687 recreational license or the possession of same without 4514
66886688 authorization from the commission. 4515
66896689 2. Section 379.365(2)(c), prohibiting criminal activities 4516
66906690 relating to the taking of stone crabs. 4517
66916691 3. Section 379.366(4)(c), prohibiting criminal activities 4518
66926692 relating to the taking and harvesting of blue crabs. 4519
66936693 4. Section 379.367(4), prohibiting the willful molestation 4520
66946694 of spiny lobster gear. 4521
66956695 5. Section 379.3671(2)(c)5., prohibiting the unlawful 4522
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67046704 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
67056705
67066706
67076707
67086708 reproduction, possession, sale, trade, or barter of spiny 4523
67096709 lobster trap tags or certificates. 4524
67106710 6. Section 379.404(5), prohibiting the sale of illegally 4525
67116711 taken deer or wild turkey. 4526
67126712 7. Section 379.4041(2), prohibiting the sale of illegally 4527
67136713 taken bears. 4528
67146714 8. Section 379.405, prohibiting the molestation or theft 4529
67156715 of freshwater fishing gear. 4530
67166716 9. Section 379.409, prohibiting the unlawful killing, 4531
67176717 injuring, possessing, or capturing of alligators or other 4532
67186718 crocodilia or their eggs. 4533
67196719 10. Section 379.411, prohibiting the intentional killing 4534
67206720 or wounding of any species designated as endangered, threatened, 4535
67216721 or of special concern. 4536
67226722 11. Section 379.4115, prohibiting the killing of any 4537
67236723 Florida or wild panther. 4538
67246724 (b) A person who commits a Level Four violation commits a 4539
67256725 felony of the third degree, punishable as provided in s. 4540
67266726 775.082, s. 775.083, or s. 775.084. 4541
67276727 (5) ILLEGAL ACTIVITIES WHILE COMMITTING TRESPASS. —In 4542
67286728 addition to any other penalty provided by law, a person who 4543
67296729 violates the criminal provisions of this chapter or rules or 4544
67306730 orders of the commission by illegally killing, taking, 4545
67316731 possessing, or selling fish and wildlife in or out of season 4546
67326732 while violating chapter 810 shall pay a fine of $500 for each 4547
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67416741 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
67426742
67436743
67446744
67456745 such violation, plus court costs and any restitution ordered by 4548
67466746 the court. All fines collected under this subsection shall be 4549
67476747 remitted by the clerk of the court to the Department of Revenue 4550
67486748 to be deposited into the State Game Trust Fund. 4551
67496749 (6) SUSPENSION OR FORFEITURE OF LICENSE. —The court may 4552
67506750 order the suspension or forfeiture of any license or permit 4553
67516751 issued under this chapter to a pers on who is found guilty of 4554
67526752 committing a violation of this chapter. 4555
67536753 (7) CONVICTION DEFINED. —As used in this section, the term 4556
67546754 "conviction" means any judicial disposition other than acquittal 4557
67556755 or dismissal. 4558
67566756 Section 123. Subsection (2) of section 938.01, Florida 4559
67576757 Statutes, is amended to read: 4560
67586758 938.01 Additional Court Cost Clearing Trust Fund. — 4561
67596759 (2) Except as provided by s. 938.15 and Notwithstanding 4562
67606760 any other provision of law, no funds collected and deposited 4563
67616761 pursuant to this section or s. 943.25 shall be expended unless 4564
67626762 specifically appropriated by the Legislature. 4565
67636763 Section 124. Subsection (11) of section 943.25, Florida 4566
67646764 Statutes, is amended to read: 4567
67656765 943.25 Criminal justice trust funds; source of funds; use 4568
67666766 of funds.— 4569
67676767 (11) Except as provided by s. 938.15 and Notwithstanding 4570
67686768 any other provision of law, no funds collected and deposited 4571
67696769 pursuant to this section shall be expended unless specifically 4572
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67786778 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
67796779
67806780
67816781
67826782 appropriated by the Legislature. 4573
67836783 4574
67846784 Section 125. Subsections (16), (17), and (18) of section 4575
67856785 790.06, Florida Statutes, are renumbered as subsections (15), 4576
67866786 (16), and (17), respectively, and paragraph (b) of subsection 4577
67876787 (5), paragraphs (b) and (e) of subsection (6), subsection (11), 4578
67886788 and present subsection (15) of that section are amended to read: 4579
67896789 790.06 License to carry concealed weapon or concealed 4580
67906790 firearm.— 4581
67916791 (5) The applicant shall submit to the Department of 4582
67926792 Agriculture and Consumer Services or an approved tax collector 4583
67936793 pursuant to s. 790.0625: 4584
67946794 (b) A nonrefundable license fee of up to $55 if he or s he 4585
67956795 has not previously been issued a statewide license or of up to 4586
67966796 $45 for renewal of a statewide license. The cost of processing 4587
67976797 fingerprints as required in paragraph (c) shall be borne by the 4588
67986798 state from general revenue applicant. However, an individual 4589
67996799 holding an active certification from the Criminal Justice 4590
68006800 Standards and Training Commission as a law enforcement officer, 4591
68016801 correctional officer, or correctional probation officer as 4592
68026802 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is 4593
68036803 exempt from the licensing requirements of this section. If such 4594
68046804 individual wishes to receive a concealed weapon or concealed 4595
68056805 firearm license, he or she is exempt from the background 4596
68066806 investigation and all background investigation fees but must pay 4597
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68156815 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
68166816
68176817
68186818
68196819 the current license fees r egularly required to be paid by 4598
68206820 nonexempt applicants . Further, a law enforcement officer, a 4599
68216821 correctional officer, or a correctional probation officer as 4600
68226822 defined in s. 943.10(1), (2), or (3) is exempt from the required 4601
68236823 fees and background investigation for 1 year after his or her 4602
68246824 retirement. 4603
68256825 (6) 4604
68266826 (b) The sheriff's office shall provide fingerprinting 4605
68276827 service if requested by the applicant and may charge a fee not 4606
68286828 to exceed $5 for this service . 4607
68296829 (e) A consular security official of a foreign government 4608
68306830 that maintains diplomatic relations and treaties of commerce, 4609
68316831 friendship, and navigation with the United States and is 4610
68326832 certified as such by the foreign government and by the 4611
68336833 appropriate embassy in this country must be issued a license 4612
68346834 within 20 days after the da te of the receipt of a completed 4613
68356835 application, certification document, color photograph as 4614
68366836 specified in paragraph (5)(e) , and a nonrefundable license fee 4615
68376837 of $300. Consular security official licenses shall be valid for 4616
68386838 1 year and may be renewed upon completi on of the application 4617
68396839 process as provided in this section. 4618
68406840 (11)(a) At least 90 days before the expiration date of the 4619
68416841 license, the Department of Agriculture and Consumer Services 4620
68426842 shall mail to each licensee a written notice of the expiration 4621
68436843 and a renewal form prescribed by the Department of Agriculture 4622
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68526852 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
68536853
68546854
68556855
68566856 and Consumer Services. The licensee must renew his or her 4623
68576857 license on or before the expiration date by filing with the 4624
68586858 Department of Agriculture and Consumer Services the renewal form 4625
68596859 containing an affidavi t submitted under oath and under penalty 4626
68606860 of perjury stating that the licensee remains qualified pursuant 4627
68616861 to the criteria specified in subsections (2) and (3), and a 4628
68626862 color photograph as specified in paragraph (5)(e) , and the 4629
68636863 required renewal fee . Out-of-state residents must also submit a 4630
68646864 complete set of fingerprints and fingerprint processing fee . The 4631
68656865 license shall be renewed upon receipt of the completed renewal 4632
68666866 form, color photograph, appropriate payment of fees, and, if 4633
68676867 applicable, fingerprints. Additionally, a licensee who fails to 4634
68686868 file a renewal application on or before its expiration date must 4635
68696869 renew his or her license by paying a late fee of $15. A license 4636
68706870 may not be renewed 180 days or more after its expiration date, 4637
68716871 and such a license is deem ed to be permanently expired. A person 4638
68726872 whose license has been permanently expired may reapply for 4639
68736873 licensure; however, an application for licensure and fees under 4640
68746874 subsection (5) must be submitted, and a background investigation 4641
68756875 shall be conducted pursuant t o this section. A person who 4642
68766876 knowingly files false information under this subsection is 4643
68776877 subject to criminal prosecution under s. 837.06. 4644
68786878 (b) A license issued to a servicemember, as defined in s. 4645
68796879 250.01, is subject to paragraph (a); however, such a licens e 4646
68806880 does not expire while the servicemember is serving on military 4647
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68896889 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
68906890
68916891
68926892
68936893 orders that have taken him or her over 35 miles from his or her 4648
68946894 residence and shall be extended, as provided in this paragraph, 4649
68956895 for up to 180 days after his or her return to such residence. If 4650
68966896 the license renewal requirements in paragraph (a) are met within 4651
68976897 the 180-day extension period, the servicemember may not be 4652
68986898 charged any additional costs, such as, but not limited to, late 4653
68996899 fees or delinquency fees, above the normal license fees. The 4654
69006900 servicemember must present to the Department of Agriculture and 4655
69016901 Consumer Services a copy of his or her official military orders 4656
69026902 or a written verification from the member's commanding officer 4657
69036903 before the end of the 180 -day period in order to qualify for the 4658
69046904 extension. 4659
69056905 (15) All funds received by the sheriff pursuant to the 4660
69066906 provisions of this section shall be deposited into the general 4661
69076907 revenue fund of the county and shall be budgeted to the sheriff. 4662
69086908 Section 126. Subsections (6) through (8) of section 4663
69096909 790.0625, Florida Statutes, are renumbered as subsections (5) 4664
69106910 through (7), respectively, and present subsections (5) and (8) 4665
69116911 of that section are amended to read: 4666
69126912 790.0625 Appointment of tax collectors to accept 4667
69136913 applications for a concealed weapon or firearm licen se; fees; 4668
69146914 penalties.— 4669
69156915 (5) A tax collector appointed under this section may 4670
69166916 collect and retain a convenience fee of $22 for each new 4671
69176917 application and $12 for each renewal application and shall remit 4672
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69266926 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
69276927
69286928
69296929
69306930 weekly to the department the license fees pursuant to s. 790.06 4673
69316931 for deposit in the Division of Licensing Trust Fund. 4674
69326932 (7)(8) Upon receipt of a completed renewal application 4675
69336933 and, a new color photograph , and appropriate payment of fees , a 4676
69346934 tax collector authorized to accept renewal applications for 4677
69356935 concealed weapon or firearm licenses under this section may, 4678
69366936 upon approval and confirmation of license issuance by the 4679
69376937 department, print and deliver a concealed weapon or firearm 4680
69386938 license to a licensee renewing his or her license at the tax 4681
69396939 collector's office. 4682
69406940 Section 127. Paragraph (a) of subsection (1) of section 4683
69416941 790.065, Florida Statutes, is amended to read: 4684
69426942 790.065 Sale and delivery of firearms. — 4685
69436943 (1)(a) A licensed importer, licensed manufacturer, or 4686
69446944 licensed dealer may not sell or deliver from her or his 4687
69456945 inventory at her or his licensed premises any firearm to another 4688
69466946 person, other than a licensed importer, licensed manufacturer, 4689
69476947 licensed dealer, or licensed collector, until she or he has: 4690
69486948 1. Obtained a completed form from the potential buyer or 4691
69496949 transferee, which form shall have been promulgated by the 4692
69506950 Department of Law Enforcement and provided by the licensed 4693
69516951 importer, licensed manufacturer, or licensed dealer, which shall 4694
69526952 include the name, date of birth, gender, race, and social 4695
69536953 security number or other ident ification number of such potential 4696
69546954 buyer or transferee and has inspected proper identification 4697
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69636963 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
69646964
69656965
69666966
69676967 including an identification containing a photograph of the 4698
69686968 potential buyer or transferee. 4699
69696969 2. Collected a fee from the potential buyer for processing 4700
69706970 the criminal history check of the potential buyer. The fee shall 4701
69716971 be established by the Department of Law Enforcement and may not 4702
69726972 exceed $8 per transaction. The Department of Law Enforcement may 4703
69736973 reduce, or suspend collection of, the fee to reflect payment 4704
69746974 received from the Federal Government applied to the cost of 4705
69756975 maintaining the criminal history check system established by 4706
69766976 this section as a means of facilitating or supplementing the 4707
69776977 National Instant Criminal Background Check System. The 4708
69786978 Department of Law Enforcement shall, by rule, establish 4709
69796979 procedures for the fees to be transmitted by the licensee to the 4710
69806980 Department of Law Enforcement. Such procedures must provide that 4711
69816981 fees may be paid or transmitted by electronic means, including, 4712
69826982 but not limited to, debit cards, cre dit cards, or electronic 4713
69836983 funds transfers. All such fees shall be deposited into the 4714
69846984 Department of Law Enforcement Operating Trust Fund, but shall be 4715
69856985 segregated from all other funds deposited into such trust fund 4716
69866986 and must be accounted for separately. Such s egregated funds must 4717
69876987 not be used for any purpose other than the operation of the 4718
69886988 criminal history checks required by this section. The Department 4719
69896989 of Law Enforcement, each year before February 1, shall make a 4720
69906990 full accounting of all receipts and expenditures of such funds 4721
69916991 to the President of the Senate, the Speaker of the House of 4722
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70007000 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
70017001
70027002
70037003
70047004 Representatives, the majority and minority leaders of each house 4723
70057005 of the Legislature, and the chairs of the appropriations 4724
70067006 committees of each house of the Legislature. In the event t hat 4725
70077007 the cumulative amount of funds collected exceeds the cumulative 4726
70087008 amount of expenditures by more than $2.5 million, excess funds 4727
70097009 may be used for the purpose of purchasing soft body armor for 4728
70107010 law enforcement officers. 4729
70117011 2.3. Requested, by means of a toll -free telephone call or 4730
70127012 other electronic means, the Department of Law Enforcement to 4731
70137013 conduct a check of the information as reported and reflected in 4732
70147014 the Florida Crime Information Center and National Crime 4733
70157015 Information Center systems as of the date of the req uest. 4734
70167016 3.4. Received a unique approval number for that inquiry 4735
70177017 from the Department of Law Enforcement, and recorded the date 4736
70187018 and such number on the consent form. 4737
70197019 Section 128. Paragraph (b) of subsection (1) and paragraph 4738
70207020 (b) of subsection (4) of secti on 212.11, Florida Statutes, are 4739
70217021 amended to read: 4740
70227022 212.11 Tax returns and regulations. — 4741
70237023 (1) 4742
70247024 (b) For the purpose of ascertaining the amount of tax 4743
70257025 payable under this chapter, it shall be the duty of all dealers 4744
70267026 to file a return and remit the tax, on or before the 20th day of 4745
70277027 the month, to the department, upon forms prepared and furnished 4746
70287028 by it or in a format prescribed by it. Such return must show the 4747
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70377037 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
70387038
70397039
70407040
70417041 rentals, admissions, gross sales, or purchases, as the case may 4748
70427042 be, arising from all leases, rentals, ad missions, sales, or 4749
70437043 purchases taxable under this chapter during the preceding 4750
70447044 calendar month. However, if a state of emergency is declared 4751
70457045 pursuant to s. 252.36 within 5 business days before the 20th day 4752
70467046 of the month, dealers located in affected counties s hall be 4753
70477047 granted an automatic 10 -day extension from the due date for 4754
70487048 filing a return and remitting the tax. 4755
70497049 (4) 4756
70507050 (b) The amount of any estimated tax shall be due, payable, 4757
70517051 and remitted by electronic funds transfer by the 20th day of the 4758
70527052 month for which it is estimated. The difference between the 4759
70537053 amount of estimated tax paid and the actual amount of tax due 4760
70547054 under this chapter for such month shall be due and payable by 4761
70557055 the first day of the following month and remitted by electronic 4762
70567056 funds transfer by the 20th day thereof. However, if a state of 4763
70577057 emergency is declared pursuant to s. 252.36 within 5 business 4764
70587058 days before the 20th day of the month, dealers located in 4765
70597059 affected counties shall be granted an automatic 10 -day extension 4766
70607060 from the due date for filing a ret urn and remitting the tax. 4767
70617061 Section 129. Paragraphs (c) and (d) of subsection (2) of 4768
70627062 section 220.222, Florida Statutes, are redesignated as 4769
70637063 paragraphs (d) and (e), respectively, and a new paragraph (c) is 4770
70647064 added to that subsection, to read: 4771
70657065 220.222 Returns; time and place for filing. — 4772
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70677067 HB 1481 2024
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70697069
70707070
70717071 CODING: Words stricken are deletions; words underlined are additions.
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70747074 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
70757075
70767076
70777077
70787078 (2) 4773
70797079 (c) When a taxpayer has been granted an extension or 4774
70807080 extensions of time within which to file its federal income tax 4775
70817081 return for any taxable year due to a federally declared 4776
70827082 disaster, and if the requirements of s. 220.32 are met, the 4777
70837083 department shall automatically extend the due date of the return 4778
70847084 required under this code until the 15th day after the due date, 4779
70857085 including any extensions provided for such federally declared 4780
70867086 disaster, for the filing of the related feder al return for the 4781
70877087 taxable year. 4782
70887088 Section 130. This act shall take effect July 1, 2024. 4783