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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
A bill to be entitled 1
An act relating to taxes, licenses, and fees; amending 2
s. 212.055, F.S.; removing a provision allowing the 3
indigent care and trauma center surtax to be levied 4
without a majority vote of electors; repealing s. 5
319.32, F.S., relating to fees for certificates of 6
title and disposition thereof; repealing s. 320.04, 7
F.S.; relating to registration service charges; 8
repealing s. 339.0801, F.S., relating to allocation of 9
increased revenues; amending s. 319.20, F.S.; 10
restoring provisions relating to the payment of fun ds 11
collected by an officer into the State Treasury; 12
amending ss. 215.211, 317.0007, 319.23, 319.24, 13
319.27, 319.28, 319.29, 319.323, 319.324, 319.30, 14
320.031, 320.0715, 320.08053, 320.0807, 320.084, 15
320.131, 320.1325, and 379.209, F.S.; conforming 16
provisions to changes made by the act; repealing ss. 17
320.08 and 320.08001, F.S., relating to license taxes; 18
repealing ss. 320.08015, 320.0802, 320.0804, and 19
320.08046, F.S., relating to surcharges on license 20
taxes; repealing ss. 320.08047, 320.081, 320.10, 21
320.14, 320.15, 320.20, 320.405, and 339.0803, F.S., 22
relating to a voluntary contribution for organ and 23
tissue donor education, collection and distribution of 24
annual license tax on certain units, exemptions, 25
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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
fractional license tax, refund of license tax, 26
disposition of license tax moneys, International 27
Registration Plan records and hearings, and allocation 28
of increased revenues, respectively; amending ss. 29
193.075, 212.05, 212.0601, 215.22, 215.615, 282.709, 30
311.07, 311.09, 316.251, 316.261, 316.515, 316.545, 31
316.550, 320.01, 320.03, 320.055, 320.06, 320.0609, 32
320.0655, 320.0657, 320.0659, 320.07, 320.0705, 33
320.071, 320.072, 320.0801, 320.0803, 320.08035, 34
320.0805, 320.08056, 320.08058, 320.08068, 320.0815, 35
320.0821, 320.083, 320.0843, 320.0847, 320.086, 36
320.0863, 320.0875, 320.089, 320.0891, 320.0892, 37
320.0893, 320.0894, 320.102, 320.13, 320.133, 320.203, 38
320.27, 320.57, 320.771, 322.025, 322.0255, 339.139, 39
553.382, and 765.5155, F.S.; conforming provisions to 40
changes made by the act; amending s. 322.21, F.S.; 41
eliminating fees for original, renewal, and 42
replacement driver licenses and identification cards, 43
certain driver license endorsements, reinstatement of 44
driver licenses, and certain requests for review or 45
hearing; removing provisions relating to collection, 46
deposit, and use of such fees; amending ss. 322.051, 47
322.14, 322.17, 322.18, 322.251, 322.29, and 1003.48, 48
F.S.; conforming provisions to changes made by the 49
act; amending s. 601.15, F.S.; revising a specified 50
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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
assessment on citrus; revising procedures for paym ent 51
of certain assessments; amending ss. 601.041, 601.13, 52
601.152, and 601.155, F.S.; conforming provisions to 53
changes made by this act; repealing s. 258.0145, F.S., 54
relating to military, law enforcement, and firefighter 55
state park fee discounts; repealing s. 279.2213, F.S., 56
relating to management area permit revenues; repealing 57
s. 379.3511, F.S., relating to the appointment of 58
subagents for the sale of recreational hunting, 59
fishing, and trapping licenses and permits; repealing 60
s. 379.3512, F.S., relating t o competitive bidding for 61
the sale of licenses, permits, and authorizations; 62
repealing s. 379.353, F.S., relating to exemptions 63
from fees and requirements for recreational hunting 64
fishing licenses and permits; repealing s. 379.356, 65
F.S., relating to fish p ond licenses; repealing s. 66
379.357, F.S., relating to the Fish and Wildlife 67
Conservation Commission license program for tarpon; 68
repealing s. 379.359, F.S., relating to voluntary 69
contributions to Southeastern Guide Dogs, Inc.; 70
repealing s. 938.04, F.S., rel ating to court costs for 71
criminal offenses to provide compensation to victims 72
of crimes; repealing s. 938.06, F.S., relating to 73
court costs for criminal offenses to fund crime 74
stoppers programs; repealing s. 938.15, F.S., relating 75
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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
to criminal justice educa tion for local governments; 76
amending s. 379.354, F.S.; revising fees for 77
recreational licenses; revising requirements for 78
licensure for certain activities; amending s. 379.352, 79
F.S.; revising the collection of certain moneys for 80
specified purposes; conform ing provisions to changes 81
made by the act; amending ss. 16.555 and 212.06, F.S.; 82
conforming provisions to changes made by the act; 83
amending s. 258.014, F.S.; removing the authority of 84
the Division of Parks and Recreation within the 85
Department of Environmen tal Protection to set fees for 86
the use of state parks; amending ss. 258.0142, 318.18, 87
318.21, 327.73, 379.203, 379.207, 279.208, 379.2201, 88
379.3501, 379.3581, 379.363, 379.3712, 379.3751, 89
379.401, 938.01, and 943.25, F.S.; conforming 90
provisions to changes made by the act; amending s. 91
790.06, F.S.; removing provisions relating to the 92
collection of fees for licenses to carry concealed 93
weapons or concealed firearms; amending s. 790.0625, 94
F.S.; removing provisions relating to collection of 95
fees by tax collector s for licenses to carry concealed 96
weapons or concealed firearms; amending s. 790.065, 97
F.S.; conforming provisions to changes made by the 98
act; amending s. 212.11, F.S.; requiring certain 99
taxpayers receive an automatic extension on the due 100
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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
date for certain tax related duties; amending s. 101
220.222, F.S.; requiring the Department of Revenue to 102
extend the due date for certain tax returns for 103
specified taxpayers; providing an effective date. 104
105
Be It Enacted by the Legislature of the State of Florida: 106
107
Section 1. Paragraph (a) of subsection (4) of section 108
212.055, Florida Statutes, is amended to read: 109
212.055 Discretionary sales surtaxes; legislative intent; 110
authorization and use of proceeds. —It is the legislative intent 111
that any authorization for impositio n of a discretionary sales 112
surtax shall be published in the Florida Statutes as a 113
subsection of this section, irrespective of the duration of the 114
levy. Each enactment shall specify the types of counties 115
authorized to levy; the rate or rates which may be im posed; the 116
maximum length of time the surtax may be imposed, if any; the 117
procedure which must be followed to secure voter approval, if 118
required; the purpose for which the proceeds may be expended; 119
and such other requirements as the Legislature may provide. 120
Taxable transactions and administrative procedures shall be as 121
provided in s. 212.054. 122
(4) INDIGENT CARE AND TRAUMA CENTER SURTAX. — 123
(a)1. The governing body in each county the government of 124
which is not consolidated with that of one or more 125
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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
municipalities, which has a population of at least 800,000 126
residents and is not authorized to levy a surtax under 127
subsection (5), may levy, pursuant to an ordinance either 128
approved by an extraordinary vote of the governing body or 129
conditioned to take effect only upo n approval by a majority vote 130
of the electors of the county voting in a referendum, a 131
discretionary sales surtax at a rate that may not exceed 0.5 132
percent. 133
2. If the ordinance is conditioned on a referendum, A 134
statement that includes a brief and general description of the 135
purposes to be funded by the surtax and that conforms to the 136
requirements of s. 101.161 shall be placed on the ballot by the 137
governing body of the county. The following questions shall be 138
placed on the ballot: 139
FOR THE. . . .CENTS TAX 140
AGAINST THE. . . .CENTS TAX 141
3. The ordinance adopted by the governing body providing 142
for the imposition of the surtax shall set forth a plan for 143
providing health care services to qualified residents, as 144
defined in subparagraph 4. Such plan and subsequ ent amendments 145
to it shall fund a broad range of health care services for both 146
indigent persons and the medically poor, including, but not 147
limited to, primary care and preventive care as well as hospital 148
care. The plan must also address the services to be provided by 149
the Level I trauma center. It shall emphasize a continuity of 150
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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
care in the most cost -effective setting, taking into 151
consideration both a high quality of care and geographic access. 152
Where consistent with these objectives, it shall include, 153
without limitation, services rendered by physicians, clinics, 154
community hospitals, mental health centers, and alternative 155
delivery sites, as well as at least one regional referral 156
hospital where appropriate. It shall provide that agreements 157
negotiated between th e county and providers, including hospitals 158
with a Level I trauma center, will include reimbursement 159
methodologies that take into account the cost of services 160
rendered to eligible patients, recognize hospitals that render a 161
disproportionate share of indige nt care, provide other 162
incentives to promote the delivery of charity care, promote the 163
advancement of technology in medical services, recognize the 164
level of responsiveness to medical needs in trauma cases, and 165
require cost containment including, but not li mited to, case 166
management. It must also provide that any hospitals that are 167
owned and operated by government entities on May 21, 1991, must, 168
as a condition of receiving funds under this subsection, afford 169
public access equal to that provided under s. 286.0 11 as to 170
meetings of the governing board, the subject of which is 171
budgeting resources for the rendition of charity care as that 172
term is defined in the Florida Hospital Uniform Reporting System 173
(FHURS) manual referenced in s. 408.07. The plan shall also 174
include innovative health care programs that provide cost -175
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effective alternatives to traditional methods of service 176
delivery and funding. 177
4. For the purpose of this paragraph, the term "qualified 178
resident" means residents of the authorizing county who are: 179
a. Qualified as indigent persons as certified by the 180
authorizing county; 181
b. Certified by the authorizing county as meeting the 182
definition of the medically poor, defined as persons having 183
insufficient income, resources, and assets to provide the needed 184
medical care without using resources required to meet basic 185
needs for shelter, food, clothing, and personal expenses; or not 186
being eligible for any other state or federal program, or having 187
medical needs that are not covered by any such program; or 188
having insufficient third-party insurance coverage. In all 189
cases, the authorizing county is intended to serve as the payor 190
of last resort; or 191
c. Participating in innovative, cost -effective programs 192
approved by the authorizing county. 193
5. Moneys collected pursua nt to this paragraph remain the 194
property of the state and shall be distributed by the Department 195
of Revenue on a regular and periodic basis to the clerk of the 196
circuit court as ex officio custodian of the funds of the 197
authorizing county. The clerk of the c ircuit court shall: 198
a. Maintain the moneys in an indigent health care trust 199
fund; 200
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b. Invest any funds held on deposit in the trust fund 201
pursuant to general law; 202
c. Disburse the funds, including any interest earned, to 203
any provider of health care services, as provided in 204
subparagraphs 3. and 4., upon directive from the authorizing 205
county. However, if a county has a population of at least 206
800,000 residents and has levied the surtax authorized in this 207
paragraph, notwithstanding any directive from the authorizing 208
county, on October 1 of each calendar year, the clerk of the 209
court shall issue a check in the amount of $6.5 million to a 210
hospital in its jurisdiction that has a Level I trauma center or 211
shall issue a check in the amount of $3.5 million to a h ospital 212
in its jurisdiction that has a Level I trauma center if that 213
county enacts and implements a hospital lien law in accordance 214
with chapter 98-499, Laws of Florida. The issuance of the checks 215
on October 1 of each year is provided in recognition of the 216
Level I trauma center status and shall be in addition to the 217
base contract amount received during fiscal year 1999 -2000 and 218
any additional amount negotiated to the base contract. If the 219
hospital receiving funds for its Level I trauma center status 220
requests such funds to be used to generate federal matching 221
funds under Medicaid, the clerk of the court shall instead issue 222
a check to the Agency for Health Care Administration to 223
accomplish that purpose to the extent that it is allowed through 224
the General Appropriations Act; and 225
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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
d. Prepare on a biennial basis an audit of the trust fund 226
specified in sub-subparagraph a. Commencing February 1, 2004, 227
such audit shall be delivered to the governing body and to the 228
chair of the legislative delegation of each authoriz ing county. 229
6. Notwithstanding any other provision of this section, a 230
county shall not levy local option sales surtaxes authorized in 231
this paragraph and subsections (2) and (3) in excess of a 232
combined rate of 1 percent. 233
Section 2. Sections 319.32, 320.04, and 339.0801, Florida 234
Statutes, are repealed. 235
Section 3. Section 319.20, Florida Statutes, is amended to 236
read: 237
319.20 Application of law. — 238
(1) Except as otherwise specifically provided, this 239
chapter applies exclusively to motor vehicles and m obile homes 240
required to be registered and licensed under the laws of this 241
state and defined by such registration laws, including 242
residential manufactured buildings placed on mobile home lots 243
under s. 553.382. A residential manufactured building placed on 244
a mobile home lot as provided in s. 553.382 shall be treated as 245
a mobile home for purposes of this chapter. The provisions of 246
This chapter does do not apply to any moped or to any trailer or 247
semitrailer having a net weight of less than 2,000 pounds. All 248
provisions of this chapter relating to title certificates also 249
apply to any recreational vehicle -type unit and to any mobile 250
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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
home classified and taxed as real property pursuant to s. 251
320.0815(2),; and no title, lien, or other interest in such 252
vehicle or mobile home shall be valid unless evidenced in 253
accordance with this chapter. 254
(2) Notwithstanding chapter 116, each county officer 255
within this state authorized to collect funds provided for in 256
this chapter shall pay all sums officially received by the 257
officer into the State Treasury no later than 5 working days 258
after the close of the business day in which the officer 259
received the funds. Payment by county officers to the state 260
shall be made by means of electronic funds transfer. 261
Section 4. Subsection (1) of section 215.211, Florida 262
Statutes, is amended to read: 263
215.211 Service charge; elimination or reduction for 264
specified proceeds.— 265
(1) Notwithstanding the provisions of s. 215.20(1) and 266
former s. 215.20(3), the service charge provided in s. 215.20(1) 267
and former s. 215.20(3), which is deducted from the proceeds of 268
the taxes distributed under ss. 206.606(1), 207.026, and 269
212.0501(6), and 319.32(5), shall be eliminated beginning July 270
1, 2000. 271
Section 5. Subsection (6) of section 317.0007, Florida 272
Statutes, is amended to read: 273
317.0007 Application for and issuance of certificate of 274
title.— 275
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(6) In addition to a certificate of title, the department 276
may issue a validation sticker to be placed on the off -highway 277
vehicle as proof of the issuance of title re quired pursuant to 278
s. 317.0006(1). A validation sticker that is lost or destroyed 279
may, upon application, be replaced by the department or county 280
tax collector. The department and county tax collector may 281
charge and deposit the fees established in ss. 320.0 3(5) and, 282
320.031, and 320.04 for all original and replacement decals. 283
Section 6. Subsection (1) of section 319.23, Florida 284
Statutes, is amended to read: 285
319.23 Application for, and issuance of, certificate of 286
title.— 287
(1) Application for a certific ate of title shall be made 288
upon a form prescribed by the department and, shall be filed 289
with the department, and shall be accompanied by the fee 290
prescribed in this chapter . If a certificate of title has 291
previously been issued for a motor vehicle or mobile home in 292
this state, the application for a certificate of title shall be 293
accompanied by the certificate of title duly assigned, or 294
assigned and reassigned, unless otherwise provided for in this 295
chapter. If the motor vehicle or mobile home for which 296
application for a certificate of title is made is a new motor 297
vehicle or new mobile home for which one or more manufacturers' 298
statements of origin are required by the provisions of s. 299
319.21, the application for a certificate of title shall be 300
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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
accompanied by all s uch manufacturers' statements of origin. 301
Section 7. Paragraph (a) of subsection (5) and subsection 302
(6) of section 319.24, Florida Statutes, are amended to read: 303
319.24 Issuance in duplicate; delivery; liens and 304
encumbrances.— 305
(5)(a) Upon satisfacti on of any first lien, judgment lien, 306
or encumbrance recorded at the department or upon lapse of a 307
judgment lien, the owner of the motor vehicle or mobile home, as 308
shown on the title certificate, or the person satisfying the 309
lien is entitled to demand and r eceive from the lienholder a 310
satisfaction of the lien. If the lienholder, upon satisfaction 311
of the lien and upon demand, fails or refuses to furnish a 312
satisfaction thereof within 30 days after demand, he or she 313
shall be held liable for all costs, damages, and expenses, 314
including reasonable attorney fees, lawfully incurred by the 315
titled owner or person satisfying the lien in any suit brought 316
in this state for cancellation of the lien. A motor vehicle 317
dealer acquiring ownership of a motor vehicle with an 318
outstanding purchase money lien , shall pay and satisfy the 319
outstanding lien within 10 working days after of acquiring 320
ownership. The lienholder receiving final payment as defined in 321
s. 674.215 shall mail or otherwise deliver a lien satisfaction 322
and the certificate of title indicating the satisfaction within 323
10 working days after of receipt of such final payment or notify 324
the person satisfying the lien that the title is not available 325
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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
within 10 working days after of receipt of such final payment. 326
If the lienholder is unable to provide the certificate of title 327
and notifies the person of such, the lienholder shall provide a 328
lien satisfaction and shall be responsible for the cost of a 329
duplicate title, including fast title charges as provided in s. 330
319.323, if applicable. The provisions of This paragraph does 331
shall not apply to electronic transactions pursuant to 332
subsection (9). 333
(6) When the original certificate of title cannot be 334
returned to the department by the lienholder and evidence 335
satisfactory to the departmen t is produced that all liens or 336
encumbrances have been satisfied, upon application by the owner 337
for a duplicate copy of the certificate upon the form prescribed 338
by the department, accompanied by the fee prescribed in this 339
chapter, a duplicate copy of the c ertificate of title, without 340
statement of liens or encumbrances, shall be issued by the 341
department and delivered to the owner. 342
Section 8. Paragraph (a) of subsection (4) of section 343
319.27, Florida Statutes, is amended to read: 344
319.27 Notice of lien o n motor vehicles or mobile homes; 345
notation on certificate; recording of lien. — 346
(4)(a) Notwithstanding the provisions of subsection (2), 347
any person holding a lien for purchase money or as security for 348
a debt in the form of a security agreement, retain tit le 349
contract, conditional bill of sale, chattel mortgage, or other 350
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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
similar instrument covering a motor vehicle or mobile home 351
previously titled or registered outside this state upon which no 352
Florida certificate of title has been issued may use the 353
facilities of the department for the recording of such lien as 354
constructive notice of such lien to creditors and purchasers of 355
such motor vehicle or mobile home in this state , provided such 356
lienholder files a sworn notice of such lien in the department , 357
showing the following information: 358
1. The date of the lien; 359
2. The name and address of the registered owner; 360
3. A description of the motor vehicle or mobile home, 361
showing the make, type, and vehicle identification number; and 362
4. The name and addre ss of the lienholder. 363
364
Upon the filing of such notice of lien and the payment of the 365
fee provided in s. 319.32 , the lien shall be recorded in the 366
department. 367
Section 9. Paragraph (a) of subsection (1) and paragraph 368
(b) of subsection (2) of section 319.28, Florida Statutes, are 369
amended to read: 370
319.28 Transfer of ownership by operation of law. — 371
(1)(a) In the event of the transfer of ownership of a 372
motor vehicle or mobile home by operation of law as upon 373
inheritance, devise or bequest, order in ba nkruptcy, insolvency, 374
replevin, attachment, execution, or other judicial sale or 375
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whenever the engine of a motor vehicle is replaced by another 376
engine or whenever a motor vehicle is sold to satisfy storage or 377
repair charges or repossession is had upon defau lt in 378
performance of the terms of a security agreement, chattel 379
mortgage, conditional sales contract, trust receipt, or other 380
like agreement, and upon the surrender of the prior certificate 381
of title or, when that is not possible, presentation of 382
satisfactory proof to the department of ownership and right of 383
possession to such motor vehicle or mobile home, and upon 384
payment of the fee prescribed by law and presentation of an 385
application for certificate of title, the department may issue 386
to the applicant a cer tificate of title thereto. 387
(2) 388
(b) In case of repossession of a motor vehicle or mobile 389
home pursuant to the terms of a security agreement or similar 390
instrument, an affidavit by the party to whom possession has 391
passed stating that the vehicle or mobile home was repossessed 392
upon default in the terms of the security agreement or other 393
instrument shall be considered satisfactory proof of ownership 394
and right of possession. At least 5 days before prior to selling 395
the repossessed vehicle, any subsequent lienho lder named in the 396
last issued certificate of title shall be sent notice of the 397
repossession by certified mail, on a form prescribed by the 398
department. If such notice is given and no written protest to 399
the department is presented by a subsequent lienholder within 15 400
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days after the date on which the notice was mailed, the 401
certificate of title shall be issued showing no liens. If the 402
former owner or any subsequent lienholder files a written 403
protest under oath within such 15 -day period, the department 404
shall not issue the certificate of title for 10 days thereafter. 405
If within the 10-day period no injunction or other order of a 406
court of competent jurisdiction has been served on the 407
department commanding it not to deliver the certificate of 408
title, the department sh all deliver the certificate of title to 409
the applicant or as may otherwise be directed in the application 410
showing no other liens than those shown in the application. Any 411
lienholder who has repossessed a vehicle in this state in 412
compliance with the provisions of this section must apply to a 413
tax collector's office in this state or to the department for a 414
certificate of title pursuant to s. 319.323. Proof of the 415
required notice to subsequent lienholders shall be submitted 416
together with regular title fees . Any person found guilty of 417
violating any requirements of this paragraph is shall be guilty 418
of a felony of the third degree, punishable as provided in s. 419
775.082, s. 775.083, or s. 775.084. 420
Section 10. Subsections (1) and (3) of section 319.29, 421
Florida Statutes, are amended to read: 422
319.29 Lost or destroyed certificates. — 423
(1) If a certificate of title is lost or destroyed, 424
application for a duplicate copy thereof shall be made to the 425
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department by the owner of the motor vehicle or mobile home or 426
the holder of a lien thereon upon a form prescribed by the 427
department and accompanied by the fee prescribed in this 428
chapter. The application shall be signed and sworn to by the 429
applicant. Thereupon the department shall issue a duplicate copy 430
of the certificate of t itle to the person entitled to receive 431
the certificate of title under the provisions of this chapter. 432
The duplicate copy and all subsequent certificates of title 433
issued in the chain of title originated by such duplicate copy 434
shall be plainly marked across their faces "duplicate copy," and 435
any subsequent purchaser of the motor vehicle or mobile home in 436
the chain of title originating through such duplicate copy shall 437
acquire only such rights in the motor vehicle or mobile home as 438
the original holder of the du plicate copy himself or herself 439
had. 440
(3) If, following the issuance of an original, duplicate, 441
or corrected certificate of title by the department, the 442
certificate is lost in transit and is not delivered to the 443
addressee, the owner of the motor vehicle o r mobile home, or the 444
holder of a lien thereon, may, within 180 days after of the date 445
of issuance of the title, apply to the department for reissuance 446
of the certificate of title. No additional fee shall be charged 447
for reissuance under this subsection. 448
Section 11. Section 319.323, Florida Statutes, is amended 449
to read: 450
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319.323 Expedited service; applications; fees. —The 451
department shall establish a separate title office which may be 452
used by private citizens and licensed motor vehicle dealers to 453
receive expedited service on title transfers, title issuances, 454
duplicate titles, and recordation of liens. A fee of $10 shall 455
be charged for this service , which fee is in addition to the 456
fees imposed by s. 319.32 . The fee, after deducting the amount 457
referenced by s. 319.324 and $3.50 to be retained by the 458
processing agency, shall be deposited into the General Revenue 459
Fund. Application for expedited service may be made by mail or 460
in person. The department shall issue each title applied for 461
under this section within 5 working days after receipt of the 462
application except for an application for a duplicate title 463
certificate covered by s. 319.23(4), in which case the title 464
must be issued within 5 working days after compliance with the 465
department's verification requireme nts. 466
Section 12. Subsection (1) of section 319.324, Florida 467
Statutes, is amended to read: 468
319.324 Odometer fraud prevention and detection; funding. — 469
(1) Moneys received by the department pursuant to s. 470
319.32(1) in the amount of $1 for each origina l certificate of 471
title, each duplicate copy of a certificate of title, and each 472
assignment by a lienholder shall be deposited into the Highway 473
Safety Operating Trust Fund. There shall also be deposited into 474
the fund moneys received by the department pursua nt to s. 475
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319.323 in the amount of $5 for each expedited service performed 476
by the department for which a fee is assessed shall be deposited 477
into the Highway Safety Operating Trust Fund . 478
Section 13. Paragraph (i) of subsection (8) of section 479
319.30, Florida Statutes, is amended to read: 480
319.30 Definitions; dismantling, destruction, change of 481
identity of motor vehicle or mobile home; salvage. — 482
(8) 483
(i) The department shall charge a fee of $3 for each 484
derelict motor vehicle certificate delivered to the department 485
or one of its agents for processing and shall mark the title 486
record canceled. A service charge may be collected under s. 487
320.04. 488
Section 14. Subsection (2) of section 320.031, Florida 489
Statutes, is amended to read: 490
320.031 Mailing of regist ration certificates, license 491
plates, and validation stickers. — 492
(2) A mail service charge may be collected for each 493
registration certificate, license plate, mobile home sticker, 494
and validation sticker mailed by the department or any tax 495
collector. Each registration certificate, license plate, mobile 496
home sticker, and validation sticker shall be mailed by first -497
class mail unless otherwise requested by the applicant. The 498
amount of the mail service charge shall be the actual postage 499
required, rounded to the n earest 5 cents, plus a 25 -cent 500
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handling charge. The mail service charge is in addition to the 501
service charge provided by s. 320.04. All charges collected by 502
the department under this section shall be deposited into the 503
Highway Safety Operating Trust Fund. 504
Section 15. Paragraph (a) of subsection (3) of section 505
320.0715, Florida Statutes, is amended to read: 506
320.0715 International Registration Plan; motor carrier 507
services; permits; retention of records. — 508
(3)(a) If the department is unable to immediate ly issue 509
the apportioned license plate to an applicant currently 510
registered in this state under the International Registration 511
Plan or to a vehicle currently titled in this state, the 512
department or its designated agent may issue a 60 -day temporary 513
operational permit. The department or agent of the department 514
shall charge a $3 fee and the service charge authorized by s. 515
320.04 for each temporary operational permit it issues. 516
Section 16. Paragraph (a) of subsection (2) of section 517
320.08053, Florida Statut es, is amended to read: 518
320.08053 Establishment of specialty license plates. — 519
(2)(a) Within 120 days after the specialty license plate 520
becomes law, the department shall establish a method to issue a 521
specialty license plate voucher to allow for the pres ale of the 522
specialty license plate. The processing fee as prescribed in s. 523
320.08056, the service charge and branch fee as prescribed in s. 524
320.04, and the annual use fee as prescribed in s. 320.08056 525
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shall be charged for the voucher. All other applicable fees 526
shall be charged at the time of issuance of the license plates. 527
Section 17. Subsection (4) of section 320.0807, Florida 528
Statutes, is amended to read: 529
320.0807 Special license plates for Governor and federal 530
and state legislators. — 531
(4) License plates purchased under subsection (1), 532
subsection (2), or subsection (3) shall be replaced by the 533
department at no cost, other than the fees required under s. 534
320.06(3)(b) ss. 320.04 and 320.06(3)(b) , when the person to 535
whom the plates have be en issued leaves the elective office with 536
respect to which the license plates were issued. Within 30 days 537
after leaving office, the person to whom the license plates have 538
been issued must apply to the department for a replacement 539
license plate. The person may return the prestige license plates 540
to the department or retain the plates as souvenirs. Upon 541
receipt of the replacement license plate, the person may not 542
display on any vehicle the prestige license plate or plates 543
issued with respect to his or her form er office. 544
Section 18. Paragraph (b) of subsection (4) of section 545
320.084, Florida Statutes, is amended to read: 546
320.084 Free motor vehicle license plate to certain 547
disabled veterans.— 548
(4) 549
(b) There shall be a service charge in accordance with the 550
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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
provisions of s. 320.04 for each initial application or renewal 551
of registration and an additional sum of 50 cents on each 552
license plate and validation sticker as provided in s. 553
320.06(3)(b). 554
Section 19. Subsection (2) of section 320.131, Florida 555
Statutes, is amended to read: 556
320.131 Temporary tags. — 557
(2) The department is authorized to sell temporary tags, 558
in addition to those listed above, to their agents and where 559
need is demonstrated by a consumer complainant. The fee shall be 560
$2 each. One dollar from each tag sold shall be deposited into 561
the Brain and Spinal Cord Injury Program Trust Fund, with the 562
remaining proceeds being deposited into the Highway Safety 563
Operating Trust Fund. Agents of the department shall sell 564
temporary tags for $2 each and shall charge the service charge 565
authorized by s. 320.04 per transaction, regardless of the 566
quantity sold. Requests for purchase of temporary tags to the 567
department or its agents shall be made, where applicable, on 568
letterhead stationery and notarized. Except as specifically 569
provided otherwise, a temporary tag shall be valid for 30 days, 570
and no more than two shall be issued to the same person for the 571
same vehicle. 572
Section 20. Section 320.1325, Florida Statutes, is amended 573
to read: 574
320.1325 Registration re quired for the temporarily 575
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employed.—Motor vehicles owned or leased by persons who are 576
temporarily employed within the state but are not residents are 577
required to be registered. Upon payment of the fees prescribed 578
in this section and proof of insurance cov erage as required by 579
the applicant's resident state, the department shall provide a 580
temporary registration plate and a registration certificate 581
valid for 90 days to an applicant who is temporarily employed in 582
this state. The temporary registration plate ma y be renewed one 583
time for an additional 90 -day period. At the end of the 180 -day 584
period of temporary registration, the applicant shall apply for 585
a permanent registration if there is a further need to remain in 586
this state. A temporary license registration p late may not be 587
issued for any commercial motor vehicle as defined in s. 320.01. 588
The fee for the 90-day temporary registration plate shall be $40 589
plus the applicable service charge required by s. 320.04 . 590
Subsequent permanent registration and titling of a v ehicle 591
registered hereunder shall subject the applicant to providing 592
proof of Florida insurance coverage as specified in s. 320.02 593
and payment of the fees required by s. 320.072, in addition to 594
all other taxes and fees required. 595
Section 21. Paragraph ( a) of subsection (2) of section 596
379.209, Florida Statutes, is amended to read: 597
379.209 Nongame Wildlife Trust Fund. — 598
(2)(a) There is established within the Fish and Wildlife 599
Conservation Commission the Nongame Wildlife Trust Fund. The 600
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fund shall be credited with moneys collected pursuant to s. 601
320.02(8) ss. 319.32(3) and 320.02(8) . Additional funds may be 602
provided from legislative appropriations and by donations from 603
interested individuals and organizations. The commission may 604
invest and reinvest the fu nds and the interest thereof of the 605
Nongame Wildlife Trust Fund. The commission shall designate an 606
identifiable unit to administer the trust fund. 607
Section 22. Sections 320.08, 320.08001, 320.08015, 608
320.0802, 320.0804, 320.08046, 320.08047, 320.081, 320 .10, 609
320.14, 320.15, 320.20, 320.405, and 339.0803, Florida Statutes, 610
are repealed. 611
Section 23. Subsections (2) and (4) of section 193.075, 612
Florida Statutes, are amended to read: 613
193.075 Mobile homes and recreational vehicles. — 614
(2) A mobile home th at is not taxed as real property must 615
shall have a current license plate properly affixed as provided 616
in s. 320.08(11). Any such mobile home without a current license 617
plate properly affixed is shall be presumed to be tangible 618
personal property. 619
(4) A recreational vehicle that is not taxed as real 620
property must have a current license plate properly affixed as 621
provided in s. 320.08(9) . Any such recreational vehicle without 622
a current license plate properly affixed is presumed to be 623
tangible personal property. 624
Section 24. Paragraph (a) of subsection (1) of section 625
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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
212.05, Florida Statutes, is amended to read: 626
212.05 Sales, storage, use tax. —It is hereby declared to 627
be the legislative intent that every person is exercising a 628
taxable privilege wh o engages in the business of selling 629
tangible personal property at retail in this state, including 630
the business of making or facilitating remote sales; who rents 631
or furnishes any of the things or services taxable under this 632
chapter; or who stores for use o r consumption in this state any 633
item or article of tangible personal property as defined herein 634
and who leases or rents such property within the state. 635
(1) For the exercise of such privilege, a tax is levied on 636
each taxable transaction or incident, which tax is due and 637
payable as follows: 638
(a)1.a. At the rate of 6 percent of the sales price of 639
each item or article of tangible personal property when sold at 640
retail in this state, computed on each taxable sale for the 641
purpose of remitting the amount of tax due the state, and 642
including each and every retail sale. 643
b. Each occasional or isolated sale of an aircraft, boat, 644
mobile home, or motor vehicle of a class or type which is 645
required to be registered, licensed, titled, or documented in 646
this state or by the United States Government shall be subject 647
to tax at the rate provided in this paragraph. The department 648
shall by rule adopt any nationally recognized publication for 649
valuation of used motor vehicles as the reference price list for 650
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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
any used motor vehicle which is required to be licensed pursuant 651
to former s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9) , 652
Florida Statutes 2023 . If any party to an occasional or isolated 653
sale of such a vehicle reports to the tax collector a sales 654
price which is less than 8 0 percent of the average loan price 655
for the specified model and year of such vehicle as listed in 656
the most recent reference price list, the tax levied under this 657
paragraph shall be computed by the department on such average 658
loan price unless the parties to the sale have provided to the 659
tax collector an affidavit signed by each party, or other 660
substantial proof, stating the actual sales price. Any party to 661
such sale who reports a sales price less than the actual sales 662
price commits is guilty of a misdemeanor of the first degree, 663
punishable as provided in s. 775.082 or s. 775.083. The 664
department shall collect or attempt to collect from such party 665
any delinquent sales taxes. In addition, such party shall pay 666
any tax due and any penalty and interest assessed plu s a penalty 667
equal to twice the amount of the additional tax owed. 668
Notwithstanding any other provision of law, the Department of 669
Revenue may waive or compromise any penalty imposed pursuant to 670
this subparagraph. 671
2. This paragraph does not apply to the sal e of a boat or 672
aircraft by or through a registered dealer under this chapter to 673
a purchaser who, at the time of taking delivery, is a 674
nonresident of this state, does not make his or her permanent 675
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place of abode in this state, and is not engaged in carrying on 676
in this state any employment, trade, business, or profession in 677
which the boat or aircraft will be used in this state, or is a 678
corporation none of the officers or directors of which is a 679
resident of, or makes his or her permanent place of abode in, 680
this state, or is a noncorporate entity that has no individual 681
vested with authority to participate in the management, 682
direction, or control of the entity's affairs who is a resident 683
of, or makes his or her permanent abode in, this state. For 684
purposes of this exemption, either a registered dealer acting on 685
his or her own behalf as seller, a registered dealer acting as 686
broker on behalf of a seller, or a registered dealer acting as 687
broker on behalf of the purchaser may be deemed to be the 688
selling dealer. This ex emption shall not be allowed unless: 689
a. The purchaser removes a qualifying boat, as described 690
in sub-subparagraph f., from the state within 90 days after the 691
date of purchase or extension, or the purchaser removes a 692
nonqualifying boat or an aircraft from this state within 10 days 693
after the date of purchase or, when the boat or aircraft is 694
repaired or altered, within 20 days after completion of the 695
repairs or alterations; or if the aircraft will be registered in 696
a foreign jurisdiction and: 697
(I) Application for the aircraft's registration is 698
properly filed with a civil airworthiness authority of a foreign 699
jurisdiction within 10 days after the date of purchase; 700
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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
(II) The purchaser removes the aircraft from the state to 701
a foreign jurisdiction within 10 days after the date the 702
aircraft is registered by the applicable foreign airworthiness 703
authority; and 704
(III) The aircraft is operated in the state solely to 705
remove it from the state to a foreign jurisdiction. 706
707
For purposes of this sub -subparagraph, the term "foreign 708
jurisdiction" means any jurisdiction outside of the United 709
States or any of its territories; 710
b. The purchaser, within 90 days from the date of 711
departure, provides the department with written proof that the 712
purchaser licensed, registered, titled, or documented the boat 713
or aircraft outside the state. If such written proof is 714
unavailable, within 90 days the purchaser shall provide proof 715
that the purchaser applied for such license, title, 716
registration, or documentation. The purchaser shall forward to 717
the department proof of title, license, registration, or 718
documentation upon receipt; 719
c. The purchaser, within 30 days after removing the boat 720
or aircraft from Florida, furnishes the department with proof of 721
removal in the form of receipts for fuel, dock age, slippage, 722
tie-down, or hangaring from outside of Florida. The information 723
so provided must clearly and specifically identify the boat or 724
aircraft; 725
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d. The selling dealer, within 30 days after the date of 726
sale, provides to the department a copy of the sales invoice, 727
closing statement, bills of sale, and the original affidavit 728
signed by the purchaser attesting that he or she has read the 729
provisions of this section; 730
e. The seller makes a copy of the affidavit a part of his 731
or her record for as long as required by s. 213.35; and 732
f. Unless the nonresident purchaser of a boat of 5 net 733
tons of admeasurement or larger intends to remove the boat from 734
this state within 10 days after the date of purchase or when the 735
boat is repaired or altered, within 20 days after completion of 736
the repairs or alterations, the nonresident purchaser applies to 737
the selling dealer for a decal which authorizes 90 days after 738
the date of purchase for removal of the boat. The nonresident 739
purchaser of a qualifying boat may apply to th e selling dealer 740
within 60 days after the date of purchase for an extension decal 741
that authorizes the boat to remain in this state for an 742
additional 90 days, but not more than a total of 180 days, 743
before the nonresident purchaser is required to pay the tax 744
imposed by this chapter. The department is authorized to issue 745
decals in advance to dealers. The number of decals issued in 746
advance to a dealer shall be consistent with the volume of the 747
dealer's past sales of boats which qualify under this sub -748
subparagraph. The selling dealer or his or her agent shall mark 749
and affix the decals to qualifying boats in the manner 750
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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
prescribed by the department, before delivery of the boat. 751
(I) The department is hereby authorized to charge dealers 752
a fee sufficient to recover the costs of decals issued, except 753
the extension decal shall cost $425. 754
(II) The proceeds from the sale of decals will be 755
deposited into the administrative trust fund. 756
(III) Decals shall display information to identify the 757
boat as a qualifying boat und er this sub-subparagraph, 758
including, but not limited to, the decal's date of expiration. 759
(IV) The department is authorized to require dealers who 760
purchase decals to file reports with the department and may 761
prescribe all necessary records by rule. All suc h records are 762
subject to inspection by the department. 763
(V) Any dealer or his or her agent who issues a decal 764
falsely, fails to affix a decal, mismarks the expiration date of 765
a decal, or fails to properly account for decals will be 766
considered prima facie to have committed a fraudulent act to 767
evade the tax and will be liable for payment of the tax plus a 768
mandatory penalty of 200 percent of the tax, and shall be liable 769
for fine and punishment as provided by law for a conviction of a 770
misdemeanor of the first degree, as provided in s. 775.082 or s. 771
775.083. 772
(VI) Any nonresident purchaser of a boat who removes a 773
decal before permanently removing the boat from the state, or 774
defaces, changes, modifies, or alters a decal in a manner 775
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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
affecting its expiration date before its expiration, or who 776
causes or allows the same to be done by another, will be 777
considered prima facie to have committed a fraudulent act to 778
evade the tax and will be liable for payment of the tax plus a 779
mandatory penalty of 200 percent of the tax, and shall be liable 780
for fine and punishment as provided by law for a conviction of a 781
misdemeanor of the first degree, as provided in s. 775.082 or s. 782
775.083. 783
(VII) The department is authorized to adopt rules 784
necessary to administer and enforce this subp aragraph and to 785
publish the necessary forms and instructions. 786
(VIII) The department is hereby authorized to adopt 787
emergency rules pursuant to s. 120.54(4) to administer and 788
enforce the provisions of this subparagraph. 789
790
If the purchaser fails to remove th e qualifying boat from this 791
state within the maximum 180 days after purchase or a 792
nonqualifying boat or an aircraft from this state within 10 days 793
after purchase or, when the boat or aircraft is repaired or 794
altered, within 20 days after completion of such repairs or 795
alterations, or permits the boat or aircraft to return to this 796
state within 6 months from the date of departure, except as 797
provided in s. 212.08(7)(fff), or if the purchaser fails to 798
furnish the department with any of the documentation required by 799
this subparagraph within the prescribed time period, the 800
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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
purchaser shall be liable for use tax on the cost price of the 801
boat or aircraft and, in addition thereto, payment of a penalty 802
to the Department of Revenue equal to the tax payable. This 803
penalty shall be in lieu of the penalty imposed by s. 212.12(2). 804
The maximum 180-day period following the sale of a qualifying 805
boat tax-exempt to a nonresident may not be tolled for any 806
reason. 807
Section 25. Subsections (3) and (4) of section 212.0601, 808
Florida Statutes, are renumbered as subsections (2) and (3), 809
respectively, and present subsections (1) and (2) of that 810
section are amended to read: 811
212.0601 Use taxes of vehicle dealers. — 812
(1) Each motor vehicle dealer who is required by s. 813
320.08(12) to purchase one or more dealer license plates shall 814
pay an annual use tax of $27 for each dealer license plate 815
purchased under that subsection, in addition to the license tax 816
imposed by that subsection. The use tax shall be for the year 817
for which the dealer license p late was purchased. 818
(1)(2) There shall be no additional tax imposed by this 819
chapter for the use of a dealer license plate for which, after 820
July 1, 1987, a dealer use tax has been paid under this section. 821
This exemption shall apply to the time period befo re the sale or 822
any other disposition of the vehicle throughout the year for 823
which the dealer license plate required by s. 320.08(12) is 824
purchased. 825
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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
Section 26. Paragraph (q) of subsection (1) of section 826
215.22, Florida Statutes, is amended to read: 827
215.22 Certain income and certain trust funds exempt. — 828
(1) The following income of a revenue nature or the 829
following trust funds shall be exempt from the appropriation 830
required by s. 215.20(1): 831
(q) That portion of the Highway Safety Operating Trust 832
Fund funded by the motorcycle safety education fee collected 833
pursuant to s. 320.08(1)(c). 834
Section 27. Subsection (1) of section 215.615, Florida 835
Statutes, is amended to read: 836
215.615 Fixed-guideway transportation systems funding. — 837
(1) The issuance of re venue bonds by the Division of Bond 838
Finance, on behalf of the Department of Transportation, pursuant 839
to s. 11, Art. VII of the State Constitution, is authorized, 840
pursuant to the State Bond Act, to finance or refinance fixed 841
capital expenditures for fixed -guideway transportation systems, 842
as defined in s. 341.031, including facilities appurtenant 843
thereto, costs of issuance, and other amounts relating to such 844
financing or refinancing. The Division of Bond Finance is 845
authorized to consider innovative financing techniques that may 846
include, but are not limited to, innovative bidding and 847
structures of potential financings that may result in negotiated 848
transactions. The following conditions apply to the issuance of 849
revenue bonds for fixed -guideway transportation sys tems: 850
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(a) The department and any participating commuter rail 851
authority or regional transportation authority established under 852
chapter 343, local governments, or local governments 853
collectively by interlocal agreement having jurisdiction of a 854
fixed-guideway transportation system may enter into an 855
interlocal agreement to promote the efficient and cost -effective 856
financing or refinancing of fixed -guideway transportation system 857
projects by revenue bonds issued pursuant to this subsection. 858
The terms of such interlocal agreements shall include provisions 859
for the Department of Transportation to request the issuance of 860
the bonds on behalf of the parties; shall provide that after 861
reimbursement pursuant to interlocal agreement, the department's 862
share may be up to 50 percent of the eligible project cost, 863
which may include a share of annual debt service requirements of 864
such bonds; and shall include any other terms, provisions, or 865
covenants necessary to the making of and full performance under 866
such interlocal agreement. Repayments made to the department 867
under any interlocal agreement are not pledged to the repayment 868
of bonds issued hereunder, and failure of the local governmental 869
authority to make such payment shall not affect the obligation 870
of the department to pay debt service on the bonds. 871
(b) Revenue bonds issued pursuant to this subsection shall 872
not constitute a general obligation of, or a pledge of the full 873
faith and credit of, the State of Florida. Bonds issued pursuant 874
to this section shall be payable from funds available pursuant 875
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to s. 206.46(3), or other funds available to the project, 876
subject to annual appropriation. The amount of revenues 877
available for debt service shall never exceed a maximum of 2 878
percent of all state revenues deposited into the S tate 879
Transportation Trust Fund. 880
(c) The projects to be financed or refinanced with the 881
proceeds of the revenue bonds issued hereunder are designated as 882
state fixed capital outlay projects for purposes of s. 11(d), 883
Art. VII of the State Constitution, and the specific projects to 884
be financed or refinanced shall be determined by the Department 885
of Transportation in accordance with state law and 886
appropriations from the State Transportation Trust Fund. Each 887
project to be financed with the proceeds of the bonds issued 888
pursuant to this subsection must first be approved by the 889
Legislature by an act of general law. 890
(d) Any complaint for validation of bonds issued pursuant 891
to this section shall be filed in the circuit court of the 892
county where the seat of state gov ernment is situated, the 893
notice required to be published by s. 75.06 shall be published 894
only in the county where the complaint is filed, and the 895
complaint and order of the circuit court shall be served only on 896
the state attorney of the circuit in which the action is 897
pending. 898
(e) The state does hereby covenant with holders of such 899
revenue bonds or other instruments of indebtedness issued 900
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hereunder that it will not repeal or impair or amend these 901
provisions in any manner that will materially and adversely 902
affect the rights of such holders as long as bonds authorized by 903
this subsection are outstanding. 904
(f) This subsection supersedes any inconsistent provisions 905
in existing law. 906
907
Notwithstanding this subsection, the lien of revenue bonds 908
issued pursuant to th is subsection on moneys deposited into the 909
State Transportation Trust Fund shall be subordinate to the lien 910
on such moneys of bonds issued under ss. 215.605 , 320.20, and 911
215.616, and any pledge of such moneys to pay operating and 912
maintenance expenses under s. 206.46(5) and chapter 348, as may 913
be amended. 914
Section 28. Paragraph (b) of subsection (3) of section 915
282.709, Florida Statutes, is amended to read: 916
282.709 State agency law enforcement radio system and 917
interoperability network. — 918
(3) In recognition of the critical nature of the statewide 919
law enforcement radio communications system, the Legislature 920
finds that there is an immediate danger to the public health, 921
safety, and welfare, and that it is in the best interest of the 922
state to continue partner ing with the system's current operator. 923
The Legislature finds that continuity of coverage is critical to 924
supporting law enforcement, first responders, and other public 925
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safety users. The potential for a loss in coverage or a lack of 926
interoperability between users requires emergency action and is 927
a serious concern for officers' safety and their ability to 928
communicate and respond to various disasters and events. 929
(b) The State Agency Law Enforcement Radio System Trust 930
Fund is established in the department and funded from surcharges 931
collected under ss. 318.18 , 320.0802, and 328.72. Upon 932
appropriation, moneys in the trust fund may be used by the 933
department to acquire the equipment, software, and engineering, 934
administrative, and maintenance services it needs to c onstruct, 935
operate, and maintain the statewide radio system. Moneys in the 936
trust fund from surcharges shall be used to help fund the costs 937
of the system. Upon completion of the system, moneys in the 938
trust fund may also be used by the department for payment of the 939
recurring maintenance costs of the system. 940
Section 29. Subsection (5) of section 311.07, Florida 941
Statutes, is amended to read: 942
311.07 Florida seaport transportation and economic 943
development funding. — 944
(5) The Department of Transportation may subject any 945
project that receives funds pursuant to this section and s. 946
320.20 to a final audit. The department may perform such other 947
acts as are necessary or convenient to ensure that the final 948
audits are conducted and that any deficiency or questioned c osts 949
noted by the audit are resolved. 950
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Section 30. Subsection (4) of section 311.09, Florida 951
Statutes, is amended to read: 952
311.09 Florida Seaport Transportation and Economic 953
Development Council. — 954
(4) The council shall adopt rules for evaluating proj ects 955
which may be funded under s. 311.07 ss. 311.07 and 320.20 . The 956
rules shall provide criteria for evaluating the potential 957
project, including, but not limited to, such factors as 958
consistency with appropriate plans, economic benefit, readiness 959
for construction, noncompetition with other Florida ports, and 960
capacity within the seaport system. 961
Section 31. Subsection (2) of section 316.251, Florida 962
Statutes, is amended to read: 963
316.251 Maximum bumper heights. — 964
(2) "New motor vehicles" as defined in s. 319.001(9), 965
"antique automobiles" as defined in s. 320.08 , "horseless 966
carriages" as defined in s. 320.086, and "street rods" as 967
defined in s. 320.0863 are shall be excluded from the 968
requirements of this section. 969
Section 32. Paragraph (f) of subsection (3) of section 970
316.261, Florida Statutes, is amended to read: 971
316.261 Brake equipment required. —Every motor vehicle, 972
trailer, semitrailer, and pole trailer, and any combination of 973
such vehicles, operating upon a highway within this state shall 974
be equipped with brakes in compliance with the requirements of 975
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this chapter. 976
(3) BRAKES ON ALL WHEELS. —Every vehicle shall be equipped 977
with brakes acting on all wheels except: 978
(f) "Antique cars" as defined in s. 320.08, and "Horseless 979
carriages" as defined in s . 320.086 and antique automobiles . 980
Section 33. Subsection (8) of section 316.515, Florida 981
Statutes, is amended to read: 982
316.515 Maximum width, height, length. — 983
(8) WRECKERS.—The limitations imposed by this section do 984
not apply to a combination of m otor vehicles consisting of a 985
wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a 986
disabled motor vehicle, trailer, semitrailer, or tractor -trailer 987
combination, or a replacement motor vehicle, which is under tow 988
by the wrecker, if the size and weight of the towed vehicle is 989
consistent with statutory requirements and the requirements of 990
this subsection. 991
(a) The limitations imposed by this section do not apply 992
to a combination of motor vehicles consisting of a wrecker 993
licensed under the Internat ional Registration Plan and a 994
disabled motor vehicle, trailer, semitrailer, tractor -trailer 995
combination, or a replacement motor vehicle, which is under tow 996
by the wrecker, if the size and weight of the towed vehicle is 997
consistent with statutory requirement s and the requirements of 998
this subsection. 999
(b) However, a wrecker may not tow a disabled 1000
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nonconforming vehicle operating under a current special use 1001
permit or permits where the combined weight of the wrecker and 1002
the towed nonconforming vehicle exceeds the permitted weight of 1003
the towed vehicle's permit. 1004
(c) Where the combined weight of the wrecker and the towed 1005
vehicle exceeds the maximum weight limits as established by s. 1006
316.535, the wrecker must be operating under a current wrecker 1007
special use permit or permits as provided in s. 316.550(5) or in 1008
accordance with paragraph (b). 1009
(d) The limitations imposed by this section do not apply 1010
to a combination of motor vehicles consisting of a wrecker 1011
licensed in accordance with s. 320.08(5)(d) or (e) and a 1012
nondisabled tractor-trailer combination that is under tow by the 1013
wrecker, if the tractor -trailer combination is being towed by 1014
the wrecker in an emergency situation as directed by a law 1015
enforcement officer. No wrecker shall tow a nondisabled tractor -1016
trailer combination except in an emergency situation as directed 1017
by a law enforcement officer, or as provided in s. 715.07. 1018
Section 34. Paragraph (b) of subsection (2) of section 1019
316.545, Florida Statutes, is amended to read: 1020
316.545 Weight and load unlawful ; special fuel and motor 1021
fuel tax enforcement; inspection; penalty; review. — 1022
(2) 1023
(b) The officer or inspector shall inspect the license 1024
plate or registration certificate of the commercial vehicle to 1025
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determine whether its gross weight is in compliance wi th the 1026
declared gross vehicle weight. If its gross weight exceeds the 1027
declared weight, the penalty shall be 5 cents per pound on the 1028
difference between such weights. In those cases when the 1029
commercial vehicle is being operated over the highways of the 1030
state with an expired registration or with no registration from 1031
this or any other jurisdiction or is not registered under the 1032
applicable provisions of chapter 320, the penalty herein shall 1033
apply on the basis of 5 cents per pound on that scaled weight 1034
which exceeds 35,000 pounds on laden truck tractor -semitrailer 1035
combinations or tandem trailer truck combinations, 10,000 pounds 1036
on laden straight trucks or straight truck -trailer combinations, 1037
or 10,000 pounds on any unladen commercial motor vehicle. A 1038
driver of a commercial motor vehicle entering the state at a 1039
designated port-of-entry location, as defined in s. 316.003, or 1040
operating on designated routes to a port -of-entry location, who 1041
obtains a temporary registration permit shall be assessed a 1042
penalty limited to the difference between its gross weight and 1043
the declared gross vehicle weight at 5 cents per pound. If the 1044
license plate or registration has not been expired for more than 1045
90 days, the penalty imposed under this paragraph may not exceed 1046
$1,000. In the case of special mobile equipment, which qualified 1047
qualifies for the license tax provided for in former s. 1048
320.08(5)(b), Florida Statutes 2023, being operated on the 1049
highways of the state with an expired registration or otherwise 1050
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not properly registered under t he applicable provisions of 1051
chapter 320, a penalty of $75 shall apply in addition to any 1052
other penalty which may apply in accordance with this chapter. A 1053
vehicle found in violation of this section may be detained until 1054
the owner or operator produces eviden ce that the vehicle has 1055
been properly registered. Any costs incurred by the retention of 1056
the vehicle shall be the sole responsibility of the owner. A 1057
person who has been assessed a penalty pursuant to this 1058
paragraph for failure to have a valid vehicle regi stration 1059
certificate pursuant to the provisions of chapter 320 is not 1060
subject to the delinquent fee authorized in s. 320.07 if such 1061
person obtains a valid registration certificate within 10 1062
working days after such penalty was assessed. 1063
Section 35. Subsection (3) of section 316.550, Florida 1064
Statutes, is amended to read: 1065
316.550 Operations not in conformity with law; special 1066
permits.— 1067
(3) A permit may authorize a self -propelled truck crane 1068
operating off the Interstate Highway System to tow a motor 1069
vehicle which does not weigh more than 5,000 pounds if the 1070
combined weight of the crane and such motor vehicle does not 1071
exceed 95,000 pounds. Notwithstanding s. 320.01(7) or (12), 1072
truck cranes that tow another motor vehicle under the provision 1073
of this subsection shall be taxed under the provisions of s. 1074
320.08(5)(b). 1075
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Section 36. Subsection (10) of section 320.01, Florida 1076
Statutes, is amended to read: 1077
320.01 Definitions, general. —As used in the Florida 1078
Statutes, except as otherwise provided, the term: 1079
(10) "Heavy truck" means any motor vehicle with a net 1080
vehicle weight of more than 5,000 pounds , which is registered on 1081
the basis of gross vehicle weight in accordance with s. 1082
320.08(4), and which is designed or used for the carriage of 1083
goods or designed or equipped with a connecting device for the 1084
purpose of drawing a trailer that is attached or coupled thereto 1085
by means of such connecting device and includes any such motor 1086
vehicle to which has been added a cabinet box, a platform, a 1087
rack, or other equipment for the purpose of carrying goods other 1088
than the personal effects of the passengers. 1089
Section 37. Paragraph (a) of subsection (5) of section 1090
320.03, Florida Statutes, is amended to read: 1091
320.03 Registration; duties of tax collectors; 1092
International Registration Plan.— 1093
(5)(a) In addition to the fees required under s. 320.08, A 1094
fee of 50 cents shall be charged on every license registration 1095
sold to cover the costs of the Florida Real Time Vehicle 1096
Information System. The fees collected shall be deposited into 1097
the Highway Safety Operating Trust Fund to be used exclusively 1098
to fund the system. The fee may only be used to fund the system 1099
equipment, software, personnel associated with the maintenance 1100
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and programming of the system, and networks used in the offices 1101
of the county tax collectors as agents of the department and the 1102
ancillary technology necessary to integrate the system with 1103
other tax collection systems. The department shall administer 1104
this program upon consultation with the Florida Tax Collectors, 1105
Inc., to ensure that each county tax collector's office is 1106
technologically equipped and functional for the operation of the 1107
Florida Real Time Vehicle Information System and to ensure that 1108
all ancillary technology and other tax collection systems used 1109
by tax collectors protect customer privacy and data. Tax 1110
collectors and their appr oved license plate agents shall enter 1111
into a memorandum of understanding with the department regarding 1112
use of the Florida Real Time Vehicle Information System in 1113
accordance with paragraph (4)(b). Any designated revenue 1114
collected to support functions of the county tax collectors and 1115
not used in a given year must remain exclusively in the trust 1116
fund as a carryover to the following year. 1117
Section 38. Section 320.055, Florida Statutes, is amended 1118
to read: 1119
320.055 Registration periods; renewal periods. —The 1120
following registration periods and renewal periods are 1121
established: 1122
(1)(a) For a motor vehicle subject to registration under 1123
former s. 320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d), 1124
or (f), (6)(a), (7), (8), (9), (10), or (11) , Florida Statutes 1125
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2023, and owned by a natural person, the registration period 1126
begins the first day of the birth month of the owner and ends 1127
the last day of the month immediately preceding the owner's 1128
birth month in the succeeding year. If such vehicle is 1129
registered in the na me of more than one person, the birth month 1130
of the person whose name first appears on the registration shall 1131
be used to determine the registration period. For a vehicle 1132
subject to this registration period, the renewal period is the 1133
30-day period ending at midnight on the vehicle owner's date of 1134
birth. 1135
(b) A motor vehicle or mobile home that is subject to 1136
registration under former s. 320.08(1), (2), (3), (4)(a) or (b), 1137
(6), (7), (8), (9), (10), or (11) , Florida Statutes 2023, is 1138
eligible for an extended re gistration period as defined in s. 1139
320.01(19)(b). 1140
(c) Notwithstanding the requirements of paragraph (a), the 1141
owner of a motor vehicle subject to paragraph (a) who has had 1142
his or her driver license suspended pursuant to a violation of 1143
s. 316.193 or pursua nt to s. 322.26(2) for driving under the 1144
influence must obtain a 6 -month registration as a condition of 1145
reinstating the license, subject to renewal during the 3 -year 1146
period that financial responsibility requirements apply. The 1147
registration period begins th e first day of the birth month of 1148
the owner and ends the last day of the fifth month immediately 1149
following the owner's birth month. For such vehicles, the 1150
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department shall issue a vehicle registration certificate that 1151
is valid for 6 months and shall issue a validation sticker that 1152
displays an expiration date of 6 months after the date of 1153
issuance. The license tax required by s. 320.08 and all other 1154
applicable license taxes shall be one -half of the amount 1155
otherwise required, except the service charge require d by s. 1156
320.04 shall be paid in full for each 6 -month registration. A 1157
vehicle required to be registered under this paragraph is not 1158
eligible for the extended registration period under paragraph 1159
(b). 1160
(2) For a vehicle subject to registration under former s. 1161
320.08(11), Florida Statutes 2023, and not owned by a natural 1162
person, the registration period begins January 1 and ends 1163
December 31. For a vehicle subject to this registration period, 1164
the renewal period is the 31 -day period before expiration. 1165
(3) For a vehicle subject to registration under former s. 1166
320.08(12), Florida Statutes 2023, the registration period runs 1167
concurrently with the licensing period. For a vehicle subject to 1168
this registration period, the renewal period is the first month 1169
of the licensing period. 1170
(4) For a vehicle subject to registration under former s. 1171
320.08(13), Florida Statutes 2023; for vehicles subject to 1172
registration under former s. 320.08(6)(a), Florida Statutes 1173
2023, that are short-term rental vehicles ;, and for any vehicle 1174
for which a registration period is not otherwise specified, the 1175
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registration period begins June 1 and ends May 31. For a vehicle 1176
subject to this registration period, the renewal period is the 1177
30-day period beginning June 1. 1178
(5) For a vehicle subject to ap portioned registration 1179
under former s. 320.08(4)(c)-(n), (5)(a)1. or (e), (6)(b), or 1180
(14), Florida Statutes 2023, the registration period shall be a 1181
period of 12 months beginning in a month designated by the 1182
department and ending on the last day of the 12t h month. For a 1183
vehicle subject to this registration period, the renewal period 1184
is the last month of the registration period. The registration 1185
period may be shortened or extended at the discretion of the 1186
department, on receipt of the appropriate prorated fe es, in 1187
order to evenly distribute such registrations on a monthly 1188
basis. For a vehicle subject to nonapportioned registration 1189
under former s. 320.08(4)(c)-(n), (5)(a)1., (6)(b), or (14), 1190
Florida Statutes 2023, the registration period begins December 1 1191
and ends November 30. The renewal period is the 31 -day period 1192
beginning December 1. 1193
(6) For those vehicles subject to registration under 1194
former s. 320.08(6)(a), Florida Statutes 2023, which are not 1195
short-term rental vehicles, the department shall develop and 1196
implement a registration renewal system that, where practicable, 1197
evenly distributes the registration renewal period throughout 1198
the year. For a vehicle subject to this registration period, the 1199
renewal period is the first month of the assigned registration 1200
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period. 1201
(7) For those vehicles subject to registration under s. 1202
320.0657, the department shall implement a system that 1203
distributes the registration renewal process throughout the 1204
year. 1205
Section 39. Paragraphs (b) and (c) of subsection (1) and 1206
paragraph (a) of subsection (3) of section 320.06, Florida 1207
Statutes, are amended to read: 1208
320.06 Registration certificates, license plates, and 1209
validation stickers generally. — 1210
(1) 1211
(b)1. Registration license plates bearing a graphic symbol 1212
and the alphanumeric system of identification shall be issued 1213
for a 10-year period. At the end of the 10 -year period, upon 1214
renewal, the plate shall be replaced. The department shall 1215
extend the scheduled license plate replacement date from a 6 -1216
year period to a 10-year period. The fee for such replacement is 1217
$28, $2.80 of which shall be paid each year before the plate is 1218
replaced, to be credited toward the next $28 replacement fee. 1219
The fees shall be deposited into the Highway Safety Operating 1220
Trust Fund. A credit or refund may not be given for any prior 1221
years' payments of the prorated replacement fee if the plate is 1222
replaced or surrendered before the end of the 10 -year period, 1223
except that a credit may be given if a registrant is required by 1224
the department to replace a license plate under s. 1225
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320.08056(8)(a). With each license plate, a validation sticker 1226
shall be issued showing the owner's birth month, license plate 1227
number, and the year of expiration or the appropriate renewal 1228
period if the owner is not a natural person. The validation 1229
sticker shall be placed on the upper right corner of the license 1230
plate. The license plate and validation sticker shall be issued 1231
based on the applicant's appropriate renewa l period. The 1232
registration period is 12 months, the extended registration 1233
period is 24 months, and all expirations occur based on the 1234
applicant's appropriate registration period. Rental vehicles 1235
formerly taxed pursuant to s. 320.08(6)(a) , Florida Statutes 1236
2023, may elect a permanent registration period, provided 1237
payment of the appropriate license taxes and fees occurs 1238
annually. 1239
2. A vehicle that has an apportioned registration shall be 1240
issued an annual license plate and a cab card that denote the 1241
declared gross vehicle weight for each apportioned jurisdiction 1242
in which the vehicle is authorized to operate. This subparagraph 1243
expires June 30, 2024. 1244
3. Beginning July 1, 2024, a vehicle registered in 1245
accordance with the International Registration Plan must be 1246
issued a license plate for a 3 -year period. At the end of the 3 -1247
year period, upon renewal, the license plate must be replaced. 1248
Each license plate must include a validation sticker showing the 1249
month of expiration. A cab card denoting the declared gross 1250
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vehicle weight for each apportioned jurisdiction must be issued 1251
annually. The fee for an original or a renewal cab card is $28, 1252
which must be deposited into the Highway Safety Operating Trust 1253
Fund. If the license plate is damaged or worn, it may be 1254
replaced at no charge by applying to the department and 1255
surrendering the current license plate. 1256
4. In order to retain the efficient administration of the 1257
taxes and fees imposed by this chapter, the 80 -cent fee increase 1258
in the replacement fee imposed by chapter 200 9-71, Laws of 1259
Florida, is negated as provided in s. 320.0804 . 1260
(c) Registration license plates equipped with validation 1261
stickers subject to the registration period are valid for not 1262
more than 12 months and expire at midnight on the last day of 1263
the registration period. A registration license plate equipped 1264
with a validation sticker subject to the extended registration 1265
period is valid for not more than 24 months and expires at 1266
midnight on the last day of the extended registration period. A 1267
registration license plate equipped with a validation sticker 1268
subject to a permanent registration period is permanently valid 1269
but shall become void if appropriate license taxes and fees are 1270
not paid annually. For each registration period after the one in 1271
which the metal registration license plate is issued, and until 1272
the license plate is required to be replaced, a validation 1273
sticker showing the month and year of expiration shall be issued 1274
upon payment of the proper license tax amount and fees and is 1275
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valid for not more than 1 2 months. For each extended 1276
registration period occurring after the one in which the metal 1277
registration license plate is issued and until the license plate 1278
is required to be replaced, a validation sticker showing the 1279
year of expiration shall be issued upon payment of the proper 1280
license tax amount and fees and is valid for not more than 24 1281
months. For each permanent registration period occurring after 1282
the one in which the metal registration license plate is issued 1283
and until the license plate is required to b e replaced, a 1284
validation sticker showing a permanent registration period shall 1285
be issued upon payment of the proper license tax amount and fees 1286
and is permanently valid but shall become void if the proper 1287
license taxes and fees are not paid annually. When license 1288
plates equipped with validation stickers are issued in any month 1289
other than the owner's birth month or the designated 1290
registration period for any other motor vehicle, the effective 1291
date shall reflect the birth month or month and the year of 1292
renewal. However, when a license plate or validation sticker is 1293
issued for a period of less than 12 months, the applicant shall 1294
pay the appropriate amount of license tax and the applicable fee 1295
under s. 320.14 in addition to all other fees. Validation 1296
stickers issued for vehicles formerly taxed under s. 1297
320.08(6)(a), Florida Statutes 2023, for any company that owns 1298
250 vehicles or more, or for semitrailers formerly taxed under 1299
the provisions of s. 320.08(5)(a), Florida Statutes 2023, for 1300
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any company that owns 50 ve hicles or more, may be placed on any 1301
vehicle in the fleet so long as the vehicle receiving the 1302
validation sticker has the same owner's name and address as the 1303
vehicle to which the validation sticker was originally assigned. 1304
(3)(a) Registration license pl ates must be made of metal 1305
specially treated with a retroreflection material, as specified 1306
by the department. The registration license plate is designed to 1307
increase nighttime visibility and legibility and must be at 1308
least 6 inches wide and not less than 12 inches in length, 1309
unless a plate with reduced dimensions is deemed necessary by 1310
the department to accommodate motorcycles, mopeds, or similar 1311
smaller vehicles. Validation stickers must also be treated with 1312
a retroreflection material, must be of such size as specified by 1313
the department, and must adhere to the license plate. The 1314
registration license plate must be imprinted with a combination 1315
of bold letters and numerals or numerals, not to exceed seven 1316
digits, to identify the registration license plate numbe r. The 1317
license plate must be imprinted with the word "Florida" at the 1318
top and the name of the county in which it is sold, the state 1319
motto, or the words "Sunshine State" at the bottom. Apportioned 1320
license plates must have the word "Apportioned" at the botto m, 1321
and license plates issued for vehicles formerly taxed under s. 1322
320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) , Florida 1323
Statutes 2023, must have the word "Restricted" at the bottom. 1324
License plates issued for vehicles formerly taxed under s. 1325
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320.08(12), Florida Statutes 2023, must be imprinted with the 1326
word "Florida" at the top and the word "Dealer" at the bottom 1327
unless the license plate is a specialty license plate as 1328
authorized in s. 320.08056. Manufacturer license plates issued 1329
for vehicles formerly taxed under s. 320.08(12) , Florida 1330
Statutes 2023, must be imprinted with the word "Florida" at the 1331
top and the word "Manufacturer" at the bottom. License plates 1332
issued for vehicles formerly taxed under s. 320.08(5)(d) or (e) , 1333
Florida Statutes 2023, must be imprinted with the word "Wrecker" 1334
at the bottom. Any county may, upon majority vote of the county 1335
commission, elect to have the county name removed from the 1336
license plates sold in that county. The state motto or the words 1337
"Sunshine State" shall be print ed in lieu thereof. A license 1338
plate issued for a vehicle formerly taxed under s. 320.08(6) , 1339
Florida Statutes 2023, may not be assigned a registration 1340
license number, or be issued with any other distinctive 1341
character or designation, that distinguishes the motor vehicle 1342
as a for-hire motor vehicle. 1343
Section 40. Paragraph (b) of subsection (2) and paragraphs 1344
(a) and (b) of subsection (5) of section 320.0609, Florida 1345
Statutes, are amended to read: 1346
320.0609 Transfer and exchange of registration license 1347
plates; transfer fee. — 1348
(2) 1349
(b) The requirement to pay a transfer fee does not apply 1350
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when the replacement vehicle is classified under former s. 1351
320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) , Florida 1352
Statutes 2023, and the original vehicle to be replaced is also 1353
classified under former s. 320.08(2)(b), (c), or (d) or (3)(a), 1354
(b), or (c), Florida Statutes 2023 . 1355
(5) For a transfer or exchange other than one specified in 1356
paragraph (2)(b), the following provisions apply: 1357
(a) If the replacement motor vehicle is classified under 1358
the same provisions of former s. 320.08, Florida Statutes 2023, 1359
requires the same amount of l icense tax under s. 320.08 as the 1360
original vehicle to be replaced, no additional fee tax other 1361
than the transfer fee of $4.50, accompanied by an application 1362
for transfer on a form supplied by the department, is required 1363
to transfer or exchange a registrati on license plate for use on 1364
a replacement vehicle for the duration of a current registration 1365
period and to issue a new certificate of registration. 1366
(b) If the replacement motor vehicle is within a 1367
classification requiring a higher license tax under former s. 1368
320.08, Florida Statutes 2023, than that of the original vehicle 1369
to be replaced, the original license plate shall be surrendered 1370
in exchange for a plate within the appropriate classification , 1371
and an amount representing the pro rata difference in the t ax 1372
required shall be paid for the remaining months of the 1373
registration period. Such payment is in addition to the transfer 1374
fee authorized in this section. The minimum charge for issuance 1375
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of a license plate provided in s. 320.14 does not apply to an 1376
exchange of license plates under this section . 1377
Section 41. Subsection (3) of section 320.0655, Florida 1378
Statutes, is amended to read: 1379
320.0655 Permanent license plates for governmental 1380
entities and volunteer fire departments. — 1381
(3) Any motor vehicle issued a license plate pursuant to 1382
this section is exempt from the requirement to pay annual 1383
license taxes pursuant to s. 320.08 but must pay the fee 1384
provided by s. 320.10(2). 1385
Section 42. Paragraphs (a) and (c) of subsection (2) of 1386
section 320.0657, Florida S tatutes, are amended to read: 1387
320.0657 Permanent registration; fleet license plates. — 1388
(2)(a) The owner or lessee of a fleet of motor vehicles 1389
shall, upon application in the manner and at the time prescribed 1390
and upon approval by the department and payment of the license 1391
tax prescribed under s. 320.08(2), (3), (4), (5)(a) and (b), 1392
(6)(a), (7), and (8) , be issued permanent fleet license plates. 1393
All vehicles with a fleet license plate shall have the company's 1394
name or logo and unit number displayed so that t hey are readily 1395
identifiable. 1396
(c) In addition to the license tax prescribed by s. 1397
320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), An 1398
annual fleet management fee of $2 shall be charged. A one -time 1399
license plate manufacturing fee of $1.50 shall be charged for 1400
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plates issued for the established number of vehicles in the 1401
fleet. If the size of the fleet is increased, an issuance fee of 1402
$10 per vehicle will be charged to include the license plate 1403
manufacturing fee. If the license plate manufacturing c ost 1404
increases, the department shall increase the license plate 1405
manufacturing fee to recoup its cost. Fees collected shall be 1406
deposited into the Highway Safety Operating Trust Fund. Payment 1407
of registration license tax and fees shall be made annually and 1408
be evidenced only by the issuance of a single receipt by the 1409
department. The provisions of s. 320.0605 do not apply to 1410
vehicles registered in accordance with this section, and no 1411
annual validation sticker is required. 1412
Section 43. Section 320.0659, Florida Statutes, is amended 1413
to read: 1414
320.0659 Permanent registration of trailer for hire and 1415
semitrailers.— 1416
(1) A permanent license plate may be issued for any 1417
semitrailer classified under former s. 320.08(5)(a)2., Florida 1418
Statutes 2023. All such license pla tes shall be of a distinctive 1419
color, and shall be imprinted with the words "Permanent Trl" at 1420
the bottom. Such plates shall be displayed as required by s. 1421
316.605 and shall be removed upon the sale of the vehicle or 1422
upon the vehicle's being removed from se rvice. If the plate is 1423
lost, mutilated, or destroyed, the plate may be replaced as 1424
provided by s. 320.0607. The use of such plate on any vehicle 1425
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other than the one to which it is issued is prohibited. No 1426
refunds shall be issued for this plate. 1427
(2) If apportionment is required for a permanent 1428
semitrailer, the apportionment must be indicated by means of a 1429
serially numbered decal, or decals, with the name of the state 1430
for which apportionment is granted and the year for which the 1431
apportionment is valid. The a pportionment must be for 1 calendar 1432
year and must be renewed as necessary. For jurisdictions that do 1433
not require additional trailer fees, the fee provided in s. 1434
320.08(5)(a)2. applies. 1435
Section 44. Subsection (2) of section 320.07, Florida 1436
Statutes, is amended to read: 1437
320.07 Expiration of registration; renewal required; 1438
penalties.— 1439
(2) Registration shall be renewed semiannually, annually, 1440
or biennially, as provided in this subsection, during the 1441
applicable renewal period, upon payment of the applicable 1442
license tax amounts required by s. 320.08, service charges 1443
required by s. 320.04, and any additional fees required by law. 1444
(a) Any person who owns a motor vehicle registered under 1445
former s. 320.08(4)(c)-(n), (6)(b), or (13) , Florida Statutes 1446
2023, may register semiannually as provided in s. 320.0705. 1447
(b) Any person who owns a motor vehicle or mobile home 1448
registered under former s. 320.08(1), (2), (3), (4)(a) or (b), 1449
(6), (7), (8), (9), (10), or (11) , Florida Statutes 2023, may 1450
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renew the vehicle registration biennially during the applicable 1451
renewal period upon payment of the 2 -year cumulative total of 1452
all applicable license tax amounts required by s. 320.08 and 1453
service charges or surcharges required by ss. 320.03, 320.04, 1454
320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, 1455
and 320.08056 and payment of the 2 -year cumulative total of any 1456
additional fees required by law for an annual registration. 1457
Section 45. Section 320.0705, Florida Statutes, is amended 1458
to read: 1459
320.0705 Semiannual registration or renewal for certain 1460
vehicles.— 1461
(1) The owner of a motor vehicle formerly taxed under s. 1462
320.08(4)(c)-(n) or (6)(b), Florida Statutes 2023, may register 1463
his or her vehicle semiannually , if the amount of license tax 1464
due annually is more than $100 and the vehicle registration fee 1465
is not required to be apportioned, upon payment of a fee of 1466
$2.50 for each semiannual registration. 1467
(2) During the first 3 months of the semiannual 1468
registration period beginning either June 1 or De cember 1, the 1469
semiannual tax shall be one -half of the respective annual amount 1470
set forth in s. 320.08. The fee for registration during the 1471
fourth month of the semiannual period or thereafter shall be at 1472
the rate of one-twelfth of the annual amount for the month of 1473
registration and one -twelfth of the annual amount for each month 1474
of the semiannual registration period succeeding the month of 1475
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registration. However, any vehicle not registered in this state 1476
during the prior semiannual period and not subject to 1477
registration during such prior registration period may be 1478
registered in any month of the semiannual registration period 1479
beginning June 1 or December 1 at the rate of one -twelfth of the 1480
annual amount for the month of registration and one -twelfth of 1481
the annual amount for each month of the semiannual period 1482
succeeding the month of registration. The provisions of s. 1483
320.14 do not apply to such vehicles. 1484
(2)(3) The owner of a motor vehicle formerly taxed under 1485
s. 320.08(6)(a), Florida Statutes 2023, may register such 1486
vehicle for any 6-month period upon payment of one-half the 1487
annual license tax plus an additional fee of $2.50 for each 1488
period; provided, notwithstanding any other provision of law, 1489
such person is not entitled to a refund of any tax imposed under 1490
s. 320.08(6) upon such vehicle . 1491
Section 46. Subsection (2) of section 320.071, Florida 1492
Statutes, is amended to read: 1493
320.071 Advance registration renewal; procedures. — 1494
(2) Upon the filing of the application and payment of the 1495
appropriate license tax u nder s. 320.08, service charges 1496
required by s. 320.04, and any additional fees required by law, 1497
the department or its agent shall issue to the owner of the 1498
motor vehicle or mobile home a validation sticker or mobile home 1499
sticker, as appropriate, which, whe n affixed to the license 1500
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plate or mobile home, shall renew the registration for the 1501
appropriate registration period. 1502
Section 47. Subsection (1), paragraph (f) of subsection 1503
(2), and subsection (3) of section 320.072, Florida Statutes, 1504
are amended to read: 1505
320.072 Additional fee imposed on certain motor vehicle 1506
registration transactions. — 1507
(1) A fee of $225 is imposed upon the initial application 1508
for registration pursuant to s. 320.06 of every motor vehicle 1509
classified in former s. 320.08(2), (3), an d (9)(c) and (d), 1510
Florida Statutes 2023 . 1511
(2) The fee imposed by subsection (1) shall not apply to: 1512
(f) The registration of a truck defined in former s. 1513
320.08(3)(d), Florida Statutes 2023 . 1514
(3) A refund of the fee imposed under subsection (1) shall 1515
be granted to anyone who, within 3 months after paying such fee, 1516
sells, transfers, or otherwise disposes of a motor vehicle 1517
classified in former s. 320.08(2), (3), or (9)(c) or (d) , 1518
Florida Statutes 2023, in any transaction not exempt from the 1519
fee pursuant to paragraph (2)(b), paragraph (2)(c), or paragraph 1520
(2)(d). A person requesting a refund must present proof of 1521
having paid the fee pursuant to subsection (1) and must 1522
surrender the license plate of the disposed -of vehicle. 1523
Section 48. Section 320.0801, Florida Statutes, is amended 1524
to read: 1525
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320.0801 Additional License tax on certain vehicles. — 1526
(1) In addition to the license taxes specified in s. 1527
320.08 and in subsection (2), there is hereby levied and imposed 1528
an annual license tax of 10 cents for the operation of a motor 1529
vehicle, as defined in s. 320.01, and moped, as defined in s. 1530
316.003, which tax shall be paid to the department or its agent 1531
upon the registration or renewal of registration of the vehicle. 1532
Notwithstanding s. 320.20, Revenues collected from the tax 1533
imposed in this subsection shall be deposited in the Emergency 1534
Medical Services Trust Fund and used solely for the purpose of 1535
carrying out ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 1536
11, chapter 87-399, Laws of Florida. 1537
(2) In addition to the license taxes imposed by s. 320.08 1538
and by subsection (1), there is imposed an additional surcharge 1539
of $10 on each commercial motor vehicle having a gross vehicle 1540
weight of 10,000 pounds or more, which surcharge must be paid to 1541
the department or its agent upon the registration or renewal of 1542
registration of the commercial motor vehicle. Fifty 1543
Notwithstanding the provisions of s. 320.20, 50 percent of the 1544
revenues collected from the surcharge imposed in this subsection 1545
shall be deposited into the S tate Transportation Trust Fund, and 1546
50 percent shall be deposited in the General Revenue Fund. 1547
Section 49. Subsection (2) of section 320.0803, Florida 1548
Statutes, is amended to read: 1549
320.0803 Moped license plates. — 1550
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(2) Each request for a license plat e for a moped shall be 1551
submitted to the department or its agent on an application form 1552
supplied by the department , accompanied by the license tax 1553
required in s. 320.08 . 1554
Section 50. Section 320.08035, Florida Statutes, is 1555
amended to read: 1556
320.08035 Persons who have disabilities; reduced dimension 1557
license plate.—The owner or lessee of a motorcycle, moped, or 1558
motorized disability access vehicle who resides in this state 1559
and qualifies for a parking permit for a person who has a 1560
disability under s. 320.084 8, upon application and payment of 1561
the appropriate license tax and fees under s. 320.08(1) , must be 1562
issued a license plate that has reduced dimensions as provided 1563
under s. 320.06(3)(a). The plate must be stamped with the 1564
international symbol of accessibili ty after the numeric and 1565
alpha serial number of the license plate. The plate entitles the 1566
person to all privileges afforded by a disabled parking permit 1567
issued under s. 320.0848. 1568
Section 51. Subsections (2) and (9) of section 320.0805, 1569
Florida Statutes, are amended to read: 1570
320.0805 Personalized prestige license plates. — 1571
(2) Each request for specific numbers or letters or 1572
combinations thereof shall be submitted annually to the 1573
department on an application form supplied by the department, 1574
accompanied by the following tax and fees: 1575
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(a) The license tax required for the vehicle, as set forth 1576
in s. 320.08. 1577
(a)(b) A prestige plate annual use fee of $10. 1578
(b)(c) A processing fee of $5, to be deposited into the 1579
Highway Safety Operating Trust Fund. 1580
(9) The annual use fee generated pursuant to this section 1581
shall be distributed pursuant to s. 320.20. 1582
Section 52. Subsection (3), paragraph (c) of subsection 1583
(8), paragraph (a) of subsection (10), and subsection (12) of 1584
section 320.08056, Florida Statutes , are amended to read: 1585
320.08056 Specialty license plates. — 1586
(3) Each request must be made annually to the department 1587
or an authorized agent serving on behalf of the department, 1588
accompanied by the following tax and fees: 1589
(a) The license tax required f or the vehicle as set forth 1590
in s. 320.08. 1591
(a)(b) A processing fee of $5, to be deposited into the 1592
Highway Safety Operating Trust Fund. 1593
(b)(c) A license plate fee as required by s. 320.06(1)(b). 1594
(c)(d) Unless the amount of an annual use fee is otherwi se 1595
specified in subsection (4) for a particular specialty license 1596
plate, an annual use fee of $25 for any specialty license plate 1597
that is required to be developed under s. 320.08058. 1598
1599
A request may be made any time during a registration period. If 1600
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a request is made for a specialty license plate to replace a 1601
current valid license plate, the specialty license plate must be 1602
issued with appropriate decals attached at no tax for the plate, 1603
but all fees and service charges must be paid. If a request is 1604
made for a specialty license plate at the beginning of the 1605
registration period, the tax, together with all applicable fees 1606
and service charges, must be paid. 1607
(8) 1608
(c) A vehicle owner or lessee issued a specialty license 1609
plate that has been discontinued by the depa rtment may keep the 1610
discontinued specialty license plate for the remainder of the 1611
10-year license plate replacement period and must pay all other 1612
applicable registration fees. However, such owner or lessee is 1613
exempt from paying the applicable specialty lic ense plate annual 1614
use fee under paragraph (3)(c) (3)(d) or subsection (4) for the 1615
remainder of the 10-year license plate replacement period. 1616
(10)(a) A specialty license plate annual use fee collected 1617
and distributed under this chapter, or any interest ea rned from 1618
those fees, may not be used for commercial or for -profit 1619
activities nor for general or administrative expenses, except as 1620
authorized by s. 320.08058 or to pay the cost of the audit or 1621
report required by s. 320.08062(1). The fees and any interest 1622
earned from the fees may be expended only for use in this state 1623
unless the annual use fee is derived from the sale of United 1624
States Armed Forces and veterans -related specialty license 1625
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plates pursuant to paragraph (3)(c) (3)(d) for the Support Our 1626
Troops, American Legion, and Honor Flight license plates; 1627
paragraphs (4)(b), (q), and (v) for the Florida Salutes 1628
Veterans, United States Marine Corps, and Military Services 1629
license plates, respectively; and s. 320.0891 for the U.S. 1630
Paratrooper license plate. 1631
(12) Notwithstanding s. 320.08058(3)(a), the department, 1632
in cooperation with the independent colleges or universities as 1633
described in s. 1009.89, shall create a standard template 1634
specialty license plate with a unique logo or graphic 1635
identifying each independe nt college or university. Each 1636
independent college or university may elect to use this standard 1637
template specialty license plate in lieu of its own specialty 1638
license plate. Annual use fees from the sale of these license 1639
plates shall be distributed to the i ndependent college or 1640
university for which the logo or graphic is displayed on the 1641
license plate and shall be used as provided in s. 320.08058(3). 1642
An independent college or university opting to use the standard 1643
template specialty license plate shall have t he standard 1644
template specialty license plate sales added to the total number 1645
of remaining current valid registrations under paragraph (8)(a) 1646
for the formerly separate independent college and university 1647
license plates which were issued before the independen t college 1648
or university elected to use the standard template specialty 1649
license plate for purposes of the standard template specialty 1650
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license plate meeting the minimum license plate sales threshold 1651
in paragraph (8)(a) and for determining the license plate l imit 1652
in s. 320.08053(3)(b). Specialty license plates created pursuant 1653
to this subsection must be ordered directly from the department. 1654
If the independent college or university elects to use the 1655
standard template specialty license plate, the department shal l 1656
discontinue the existing specialty license plate and, 1657
notwithstanding paragraph (8)(c), shall continue to collect the 1658
applicable specialty license plate annual use fee under 1659
paragraph (3)(c) (3)(d) or subsection (4) for the remainder of 1660
the 10-year license plate replacement period for the existing 1661
plate being discontinued or being replaced with the standard 1662
template specialty license plate. 1663
Section 53. Paragraph (c) of subsection (5) of section 1664
320.08058, Florida Statutes, is amended to read: 1665
320.08058 Specialty license plates. — 1666
(5) FLORIDA PANTHER LICENSE PLATES. — 1667
(c) A person or corporation that purchases 10,000 or more 1668
panther license plates shall pay an annual use fee of $5 per 1669
plate and an annual processing fee of $2 per plate , in addition 1670
to the applicable license tax required under s. 320.08 . 1671
Section 54. Subsection (3) of section 320.08068, Florida 1672
Statutes, is amended to read: 1673
320.08068 Motorcycle specialty license plates. — 1674
(3) Each request must be made annually to the department, 1675
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accompanied by the following taxes and fees: 1676
(a) The license tax required under s. 320.08. 1677
(a)(b) A license plate fee as required by s. 320.06(1)(b). 1678
(b)(c) A processing fee of $2. 1679
(c)(d) A license plate annual use fee as required in 1680
subsection (4). 1681
Section 55. Section 320.0815, Florida Statutes, is amended 1682
to read: 1683
320.0815 Mobile homes and recreational vehicle -type units 1684
required to have appropriate license plates or stickers. — 1685
(1) Recreational vehicle -type units formerly taxed under 1686
s. 320.08(9) and (10) , Florida Statutes 2023, shall be issued 1687
appropriate license plates , except as provided in subsection 1688
(2). 1689
(2) A mobile home or recreational vehicle -type unit which 1690
is permanently affixed to the land shall be issued a mobile home 1691
sticker at the fee prescribed in s. 320.08(11) unless the mobile 1692
home or recreational vehicle -type unit is qualified and taxed as 1693
real property, in which case the mobile home or recreational 1694
vehicle-type unit shall be issued an "RP" series sticker. Series 1695
"RP" stickers shall be provided by the department to the tax 1696
collectors, and such a sticker will be issued by the tax 1697
collector to the registered owner of such a mobile home or 1698
recreational vehicle -type unit upon the production of a 1699
certificate of the respective property appraiser that such 1700
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mobile home or recreational vehicle -type unit is included in an 1701
assessment of the property of su ch registered owner for ad 1702
valorem taxation. An "RP" series sticker shall be issued by the 1703
tax collector for an aggregate fee of $3 each, to be distributed 1704
as follows: $2.50 shall be retained by the tax collector as a 1705
service charge; 25 cents shall be remi tted to the property 1706
appraiser; and 25 cents shall be remitted to the department to 1707
defray the cost of manufacture and handling. Mobile home 1708
stickers and "RP" series stickers shall be of a size to be 1709
determined by the department. A mobile home sticker or " RP" 1710
series sticker shall be affixed to the lower left corner of the 1711
window closest to the street or road providing access to such 1712
residence. 1713
Section 56. Subsections (1) and (3) of section 320.0821, 1714
Florida Statutes, are amended to read: 1715
320.0821 Wrecker license plates.— 1716
(1) The department shall issue a wrecker license plate to 1717
the owner of any motor vehicle that is used to tow, carry, or 1718
otherwise transport motor vehicles and that is equipped for that 1719
purpose with a boom, winch, carrier, or other si milar equipment, 1720
except a motor vehicle registered under the International 1721
Registration Plan, upon application and payment of the 1722
appropriate license tax and fees in accordance with s. 1723
320.08(5)(d) or (e). 1724
(3) Any license plate issued under former s. 320.08(5)(e), 1725
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Florida Statutes 2023, shall be in a distinctive color approved 1726
by the department. 1727
Section 57. Subsection (1) of section 320.083, Florida 1728
Statutes, is amended to read: 1729
320.083 Amateur radio operators; special license plates; 1730
fees.— 1731
(1) A person who is the owner or lessee of an automobile 1732
or truck for private use, a truck weighing not more than 7,999 1733
pounds, or a recreational vehicle as specified in former s. 1734
320.08(9)(c) or (d), Florida Statutes 2023, which is not used 1735
for hire or commercial use; who is a resident of the state; and 1736
who holds a valid official amateur radio station license 1737
recognized by the Federal Communications Commission shall be 1738
issued a special license plate upon application, accompanied by 1739
proof of ownership of such ra dio station license, and payment of 1740
the following tax and fees: 1741
(a) The license tax required for the vehicle, as 1742
prescribed by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), 1743
(c), (d), (e), or (f), or (9); and 1744
(b) an initial additional fee of $5, and a an additional 1745
fee of $1.50 thereafter. 1746
Section 58. Subsection (1) of section 320.0843, Florida 1747
Statutes, is amended to read: 1748
320.0843 License plates for persons with disabilities 1749
eligible for permanent disabled parking permits. — 1750
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(1) Any owner or lessee of a motor vehicle classified in 1751
former s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), 1752
(6)(a), or (9)(c) or (d), Florida Statutes 2023, who resides in 1753
this state and qualifies for a disabled parking permit under s. 1754
320.0848(2), upon applicati on to the department and payment of 1755
the license tax for a motor vehicle registered under s. 1756
320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or 1757
(9)(c) or (d), shall be issued a license plate as provided by s. 1758
320.06 which, in lieu of the serial number prescribed by s. 1759
320.06, shall be stamped with the international wheelchair user 1760
symbol after the serial number of the license plate. The license 1761
plate entitles the person to all privileges afforded by a 1762
parking permit issued under s. 320.0848. When more than one 1763
registrant is listed on the registration issued under this 1764
section, the eligible applicant shall be noted on the 1765
registration certificate. 1766
Section 59. Section 320.0847, Florida Statutes, is amended 1767
to read: 1768
320.0847 Mini truck and low -speed vehicle license plates. — 1769
(1) The department shall issue a license plate of to the 1770
owner or lessee of any vehicle registered as a low-speed vehicle 1771
as defined in s. 320.01 or a mini truck as defined in s. 320.01 1772
upon payment of the appropriate licen se taxes and fees 1773
prescribed in s. 320.08. 1774
(2) The license plate for a low -speed vehicle or mini 1775
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truck shall comply with the provisions of s. 320.06. 1776
Section 60. Subsection (1), paragraph (a) of subsection 1777
(2), and subsection (3) of section 320.086, Florida Statutes, 1778
are amended to read: 1779
320.086 Ancient or antique motor vehicles; horseless 1780
carriage, antique, or historical license plates; former military 1781
vehicles.— 1782
(1) The owner of a motor vehicle for private use 1783
manufactured in model year 1945 or earlier and operated on the 1784
streets and highways of this state shall, upon application in 1785
the manner and at the time prescribed by the department and upon 1786
payment of the license tax for an ancient motor vehicle 1787
prescribed by s. 320.08(1)(g), (2)(a), or (3) (e), be issued a 1788
special license plate for such motor vehicle. The license plate 1789
shall be permanent and valid for use without renewal so long as 1790
the vehicle is in existence. In addition to the payment of all 1791
other fees required by law, the applicant shall pay such fee for 1792
the issuance of the special license plate as may be prescribed 1793
by the department commensurate with the cost of its manufacture. 1794
The registration numbers and special license plates assigned to 1795
such motor vehicles shall run in a separate num erical series, 1796
commencing with "Horseless Carriage No. 1," and the plates shall 1797
be of a distinguishing color. 1798
(2)(a) The owner of a motor vehicle for private use 1799
manufactured in a model year after 1945 and of the age of 30 1800
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years or more after the model y ear and operated on the streets 1801
and highways of this state may, upon application in the manner 1802
and at the time prescribed by the department and upon payment of 1803
the license tax prescribed by s. 320.08(1)(g), (2)(a), or 1804
(3)(e), be issued a special license pl ate for such motor 1805
vehicle. In addition to the payment of all other fees required 1806
by law, the applicant shall pay the fee for the issuance of the 1807
special license plate prescribed by the department, commensurate 1808
with the cost of its manufacture. The registr ation numbers and 1809
special license plates assigned to such motor vehicles shall run 1810
in a separate numerical series, commencing with "Antique No. 1," 1811
and the plates shall be of a distinguishing color. The owner of 1812
the motor vehicle may, upon application and payment of the 1813
license tax prescribed by s. 320.08 , be issued a regular Florida 1814
license plate or specialty license plate in lieu of the special 1815
"Antique" license plate. 1816
(3) The owner of an ancient or antique firefighting 1817
apparatus, former military vehicl e, or other historical motor 1818
vehicle 30 years old or older which is used only in exhibitions, 1819
parades, or public display may, upon application in the manner 1820
and at the time prescribed by the department and upon payment of 1821
the license tax prescribed by s. 3 20.08(2)(a), be issued a 1822
license plate as prescribed in subsection (1) or subsection (2). 1823
License plates issued under this subsection shall be permanent 1824
and valid for use without renewal as long as the vehicle is in 1825
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existence and its use is consistent with this subsection. 1826
Section 61. Paragraph (a) of subsection (3) of section 1827
320.0863, Florida Statutes, is amended to read: 1828
320.0863 Custom vehicles and street rods; registration and 1829
license plates.— 1830
(3) To register a street rod or custom vehicle, the owner 1831
shall apply to the department by submitting a completed 1832
application form and providing: 1833
(a) The license tax prescribed by s. 320.08(2)(a) and A 1834
processing fee of $3; 1835
Section 62. Subsection (1) of section 320.0875, Florida 1836
Statutes, is amended to read: 1837
320.0875 Purple Heart special motorcycle license plate. — 1838
(1) Upon application to the department and payment of the 1839
license tax for the motorcycle as provided in s. 320.08 , a 1840
resident of the state who owns or leases a motorcycle that is 1841
not used for hire or commercial use shall be issued a Purple 1842
Heart special motorcycle license plate if he or she provides 1843
documentation acceptable to the department that he or she is a 1844
recipient of the Purple Heart medal. 1845
Section 63. Section 320.089, Florida Statutes, is amended 1846
to read: 1847
320.089 Veterans of the United States Armed Forces; 1848
members of National Guard; survivors of Pearl Harbor; Purple 1849
Heart medal recipients; Bronze Star recipients; active or 1850
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retired United States Armed Forces reservists; Combat Infantry 1851
Badge, Combat Medical Badge, or Combat Action Badge recipients; 1852
Combat Action Ribbon recipients; Air Force Combat Action Medal 1853
recipients; Distinguished Flying Cross recipients; former 1854
prisoners of war; Korean War Veterans; Vietnam War Veterans; 1855
Operation Desert Shield Veterans; Operation Desert Storm 1856
Veterans; Operation Enduring Freedom Veterans; Operation Iraqi 1857
Freedom Veterans; Women Veterans; World War II Veterans; Navy 1858
Submariners; and Army of Occupation Veterans; special license 1859
plates; fee.— 1860
(1)(a) Each owner or lessee of an automobile or truck for 1861
private use or recreational vehicle as specified in former s. 1862
320.08(9)(c) or (d), Florida Statutes 2023, which is not used 1863
for hire or commercial use, who is a resident of the state and a 1864
veteran of the United States Armed Forces, a Woman Veteran, a 1865
World War II Veteran, a Navy Submariner, an active or retired 1866
member of the Florida National Guard, a survivor of the attack 1867
on Pearl Harbor, a recipient of the Purple Heart medal, a 1868
recipient of the Bronze Star, an active or retired member of any 1869
branch of the United States Armed Forces Reserve, or a recipient 1870
of the Combat Infantry Badge, Combat Medical Badge, Combat 1871
Action Badge, Combat Action Ribbon, Air Force Combat Action 1872
Medal, or Distinguished Flying Cross, upon application to the 1873
department, accompanied by proof of release or discharge from 1874
any branch of the United States Armed Forces, proof of active 1875
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membership or retired status in the Florida National Guard, 1876
proof of membership in the Pearl Harbor Survivors Association or 1877
proof of active military duty in Pearl Harbor on December 7, 1878
1941, proof of being a Purple Heart medal recipient, proof of 1879
being a Bronze Star recipient, proof of active or retired 1880
membership in any branch of the United Stat es Armed Forces 1881
Reserve, or proof of membership in the Combat Infantrymen's 1882
Association, Inc., or proof of being a recipient of the Combat 1883
Infantry Badge, Combat Medical Badge, Combat Action Badge, 1884
Combat Action Ribbon, Air Force Combat Action Medal, or 1885
Distinguished Flying Cross, and upon payment of the license tax 1886
for the vehicle as provided in s. 3 20.08, shall be issued a 1887
license plate as provided by s. 320.06 which, in lieu of the 1888
serial numbers prescribed by s. 320.06, is stamped with the 1889
words "Veteran," "Woman Veteran," "WWII Veteran," "Navy 1890
Submariner," "National Guard," "Pearl Harbor Survivor, " "Combat-1891
wounded veteran," "Bronze Star," "U.S. Reserve," "Combat 1892
Infantry Badge," "Combat Medical Badge," "Combat Action Badge," 1893
"Combat Action Ribbon," "Air Force Combat Action Medal," or 1894
"Distinguished Flying Cross," as appropriate, and a likeness of 1895
the related campaign medal or badge, followed by the serial 1896
number of the license plate. Additionally, the Purple Heart 1897
plate may have the words "Purple Heart" stamped on the plate and 1898
the likeness of the Purple Heart medal appearing on the plate. 1899
(b) The military members listed in paragraph (a) are 1900
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eligible to be issued special veteran's motorcycle license 1901
plates. The veteran's motorcycle license plate design shall be 1902
the same as the design for the motor vehicle "Veteran" and 1903
"Woman Veteran" special licen se plate. The word "Veteran" or 1904
"Woman Veteran" shall be displayed at the bottom of the 1905
motorcycle license plate. 1906
(c) Notwithstanding any other provision of law to the 1907
contrary, beginning with fiscal year 2002 -2003 and annually 1908
thereafter, the first $100 ,000 in general revenue generated from 1909
the sale of license plates issued under this section shall be 1910
deposited into the Grants and Donations Trust Fund, as described 1911
in s. 296.38(2), to be used for the purposes established by law 1912
for that trust fund. Any a dditional general revenue generated 1913
from the sale of such plates shall be deposited into the 1914
Operations and Maintenance Trust Fund within the Department of 1915
Veterans' Affairs and used to support program operations that 1916
benefit veterans or the operation, mai ntenance, or construction 1917
of domiciliary and nursing homes for veterans, subject to the 1918
requirements of chapter 216. 1919
(d) Any revenue generated from the sale of Woman Veteran 1920
license plates must be deposited into the Operations and 1921
Maintenance Trust Fund administered by the Department of 1922
Veterans' Affairs pursuant to s. 20.375(3) and must be used 1923
solely for the purpose of creating and implementing programs to 1924
benefit women veterans. Notwithstanding any provisions of law to 1925
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the contrary, an applicant for a Pearl Harbor Survivor license 1926
plate or a Purple Heart license plate who also qualifies for a 1927
disabled veteran's license plate under s. 320.084 shall be 1928
issued the appropriate special license plate without payment of 1929
the license tax imposed by s. 320.08. 1930
(2) Each owner or lessee of an automobile or truck for 1931
private use, a truck weighing not more than 7,999 pounds, or a 1932
recreational vehicle as specified in former s. 320.08(9)(c) or 1933
(d), Florida Statutes 2023, which is not used for hire or 1934
commercial use who is a resident of this state and who is a 1935
former prisoner of war, or his or her unremarried surviving 1936
spouse, upon application to the department, shall be issued a 1937
license plate as provided in s. 320.06, stamped with the words 1938
"Ex-POW" followed by the ser ial number. Each application shall 1939
be accompanied by proof that the applicant meets the 1940
qualifications specified in paragraph (a) or paragraph (b). 1941
(a) A citizen of the United States who served as a member 1942
of the Armed Forces of the United States or the armed forces of 1943
a nation allied with the United States who was held as a 1944
prisoner of war at such time as the Armed Forces of the United 1945
States were engaged in combat, or his or her unremarried 1946
surviving spouse, may be issued the special license plate 1947
provided for in this subsection without payment of the license 1948
tax imposed by s. 320.08 . 1949
(b) A person who was serving as a civilian with the 1950
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consent of the United States Government, or a person who was a 1951
member of the Armed Forces of the United States while h e or she 1952
was not a United States citizen and was held as a prisoner of 1953
war when the Armed Forces of the United States were engaged in 1954
combat, or his or her unremarried surviving spouse, may be 1955
issued the special license plate provided for in this subsectio n 1956
upon payment of the license tax imposed by s. 320.08 . 1957
(3) Each owner or lessee of an automobile or truck for 1958
private use, a truck weighing not more than 7,999 pounds, or a 1959
recreational vehicle as specified in former s. 320.08(9)(c) or 1960
(d), Florida Statutes 2023, which is not used for hire or 1961
commercial use who is a resident of this state and who is the 1962
unremarried surviving spouse of a recipient of the Purple Heart 1963
medal, upon application to the department accompanied by the 1964
payment of the required fees , shall be issued a license plate as 1965
provided in s. 320.06 which is stamped with the words "Purple 1966
Heart" and the likeness of the Purple Heart medal followed by 1967
the serial number. Each application shall be accompanied by 1968
proof that the applicant is the unr emarried surviving spouse of 1969
a recipient of the Purple Heart medal. 1970
(4) The owner or lessee of an automobile or truck for 1971
private use, a truck weighing not more than 7,999 pounds, or a 1972
recreational vehicle as specified in former s. 320.08(9)(c) or 1973
(d), Florida Statutes 2023, which is not used for hire or 1974
commercial use who is a resident of this state and a current or 1975
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former member of the United States Armed Forces who was deployed 1976
and served in Korea during the Korean War as defined in s. 1977
1.01(14), upon application to the department accompanied by 1978
proof of active membership or former active duty status during 1979
the Korean War and payment of the license tax for the vehicle as 1980
provided in s. 320.08 , shall be issued a license plate as 1981
provided by s. 320.06 whic h, in lieu of the registration license 1982
number prescribed by s. 320.06, is stamped with the words 1983
"Korean War Veteran" and a likeness of the Korean Service Medal, 1984
followed by the registration license number of the plate. Proof 1985
that the applicant was awarded the Korean Service Medal is 1986
sufficient to establish eligibility for the license plate. 1987
(5) The owner or lessee of an automobile or truck for 1988
private use, a truck weighing not more than 7,999 pounds, or a 1989
recreational vehicle as specified in former s. 320.08(9)(c) or 1990
(d), Florida Statutes 2023, which is not used for hire or 1991
commercial use who is a resident of this state and a current or 1992
former member of the United States military who was deployed and 1993
served in Vietnam during United States military deploym ent in 1994
Indochina, upon application to the department accompanied by 1995
proof of active membership or former active duty status during 1996
these operations and payment of the license tax for the vehicle 1997
as provided in s. 320.08 , shall be issued a license plate as 1998
provided by s. 320.06 which, in lieu of the registration license 1999
number prescribed by s. 320.06, is stamped with the words 2000
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"Vietnam War Veteran" and a likeness of the Vietnam Service 2001
Medal, followed by the registration license number of the plate. 2002
Proof that the applicant was awarded the Vietnam Service Medal 2003
is sufficient to establish eligibility for the license plate. 2004
(6) The owner or lessee of an automobile or truck for 2005
private use, a truck weighing not more than 7,999 pounds, or a 2006
recreational vehicle as specified in former s. 320.08(9)(c) or 2007
(d), Florida Statutes 2023, which is not used for hire or 2008
commercial use who is a resident of this state and a current or 2009
former member of the United States military who was deployed and 2010
served in Saudi Arabia, Ku wait, or another area of the Persian 2011
Gulf during Operation Desert Shield or Operation Desert Storm; 2012
in Afghanistan during Operation Enduring Freedom; or in Iraq 2013
during Operation Iraqi Freedom, upon application to the 2014
department accompanied by proof of acti ve membership or former 2015
active duty status during one of these operations and payment of 2016
the license tax for the vehicle as provided in s. 320.08 , shall 2017
be issued a license plate as provided by s. 320.06 which, in 2018
lieu of the registration license number pr escribed by s. 320.06, 2019
is stamped with the words "Operation Desert Shield," "Operation 2020
Desert Storm," "Operation Enduring Freedom," or "Operation Iraqi 2021
Freedom," as appropriate, and a likeness of the related campaign 2022
medal followed by the registration lice nse number of the plate. 2023
Proof that the applicant was awarded the Southwest Asia Service 2024
Medal, Iraq Campaign Medal, Afghanistan Campaign Medal, or 2025
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Global War on Terrorism Expeditionary Medal is sufficient to 2026
establish eligibility for the appropriate licen se plate. 2027
(7) The owner or lessee of an automobile or truck for 2028
private use, a truck weighing not more than 7,999 pounds, or a 2029
recreational vehicle as specified in former s. 320.08(9)(c) or 2030
(d), Florida Statutes 2023, which is not used for hire or 2031
commercial use who is a resident of this state and a current or 2032
former member of the United States military who was permanently 2033
assigned to occupation forces in specific overseas locations 2034
during the Cold War between May 9, 1945, and October 2, 1990, 2035
upon application to the department accompanied by proof of 2036
active membership or former active duty status during this 2037
period at one of these locations and payment of the license tax 2038
for the vehicle as provided in s. 320.08 , shall be issued a 2039
license plate as provided by s. 320.06 which, in lieu of the 2040
registration license number prescribed by s. 320.06, is stamped 2041
with the words "Army of Occupation" and a likeness of the 2042
subject medal, followed by the registration license number of 2043
the plate. Proof that the applicant was awarded the Army of 2044
Occupation Medal is sufficient to establish eligibility for the 2045
license plate. 2046
Section 64. Subsections (3) and (5) of section 320.0891, 2047
Florida Statutes, are amended to read: 2048
320.0891 U.S. Paratroopers license plate. — 2049
(3) Each owner or lessee of an automobile or truck for 2050
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private use, truck weighing not more than 7,999 pounds, or 2051
recreational vehicle as specified in former s. 320.08(9)(c) or 2052
(d), Florida Statutes 2023, which is not used for hire or 2053
commercial use, who is a re sident of this state and who meets 2054
the qualifications contained in subsection (2) shall, upon 2055
application therefor to the department, with the payment of the 2056
taxes and fees described in subsection (5), be issued a U.S. 2057
Paratroopers license plate. Each appl ication must be accompanied 2058
by proof that the applicant has been decorated as a parachutist, 2059
has completed the U.S. Army Jump School, or has completed U.S. 2060
Army Air Assault School. 2061
(5) Each request must be made annually to the department, 2062
accompanied by the following tax and fees: 2063
(a) The license tax required for the vehicle as set forth 2064
in s. 320.08. 2065
(a)(b) A processing fee of $2. 2066
(b)(c) A license plate fee as required under s. 2067
320.06(1)(b). 2068
(c)(d) A license plate annual use fee of $20. 2069
Section 65. Section 320.0892, Florida Statutes, is amended 2070
to read: 2071
320.0892 Motor vehicle license plates for recipients of 2072
the Silver Star, Distinguished Service Cross, Navy Cross, or Air 2073
Force Cross.—Upon receipt of an application and proof that the 2074
applicant meets the qualifications listed in this section for 2075
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the applicable license plate, the department shall issue the 2076
applicable license plate to the applicant without payment of the 2077
license tax imposed under s. 320.08 : 2078
(1) SILVER STAR.—Any United States citizen who is a 2079
resident of Florida and who was awarded the Silver Star while 2080
serving as a member of the United States Armed Forces shall be 2081
issued a license plate on which is stamped the words "Silver 2082
Star" followed by the serial number. 2083
(2) DISTINGUISHED SERVICE CROSS.—Any United States citizen 2084
who is a resident of Florida and who was awarded the 2085
Distinguished Service Cross while serving as a member of the 2086
United States Armed Forces shall be issued a license plate on 2087
which is stamped the words "Distingu ished Service Cross" 2088
followed by the serial number. 2089
(3) NAVY CROSS.—Any United States citizen who is a 2090
resident of Florida and who was awarded the Navy Cross while 2091
serving as a member of the United States Armed Forces shall be 2092
issued a license plate on w hich is stamped the words "Navy 2093
Cross" followed by the serial number. 2094
(4) AIR FORCE CROSS. —Any United States citizen who is a 2095
resident of Florida and who was awarded the Air Force Cross 2096
while serving as a member of the United States Armed Forces 2097
shall be issued a license plate on which is stamped the words 2098
"Air Force Cross" followed by the serial number. 2099
Section 66. Section 320.0893, Florida Statutes, is amended 2100
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to read: 2101
320.0893 Motor vehicle license plates to recipients of the 2102
Medal of Honor.—Any United States citizen who is a resident of 2103
Florida and who was awarded the Medal of Honor while serving as 2104
a member of the United States Armed Forces may , upon application 2105
to the department, be issued a license plate on which is stamped 2106
the words "Medal of Honor" followed by the serial number . upon 2107
submission to the department of an the application and proof 2108
that the applicant meets the above qualifications the plate 2109
shall be issued without payment of the license tax imposed by s. 2110
320.08. 2111
Section 67. Paragraph (a) of subsection (3) of section 2112
320.0894, Florida Statutes, is amended to read: 2113
320.0894 Motor vehicle license plates to Gold Star family 2114
members.—The department shall develop a special license plate 2115
honoring the family members of servicemembe rs who have been 2116
killed while serving in the Armed Forces of the United States. 2117
The license plate shall be officially designated as the Gold 2118
Star license plate and shall be developed and issued as provided 2119
in this section. 2120
(3)(a) Each owner or lessee of an automobile or truck for 2121
private use, truck weighing not more than 7,999 pounds, or 2122
recreational vehicle as specified in former s. 320.08(9)(c) or 2123
(d), Florida Statutes 2023, which automobile, truck, or vehicle 2124
is not used for hire or commercial use, who is a resident of 2125
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this state, and who meets the qualifications provided in 2126
subsection (4) shall, upon application therefor to the 2127
department and payment of the license tax and appropriate fees 2128
established in this chapter, be issued a Gold Star license 2129
plate. Each initial application for a Gold Star license plate 2130
must be accompanied by proof that the applicant meets the 2131
requirements provided in subsection (4). 2132
Section 68. Section 320.102, Florida Statutes, is amended 2133
to read: 2134
320.102 Marine boat traile rs owned by nonprofit 2135
organizations; exemptions. —The registration or renewal of a 2136
registration of any marine boat trailer owned and operated by a 2137
nonprofit organization that is exempt from federal income tax 2138
under s. 501(c)(3) of the Internal Revenue Code and which is 2139
used exclusively in carrying out its customary nonprofit 2140
activities is exempt from paying the fees, taxes, surcharges, 2141
and charges in ss. 320.03(5), (6), and (9), 320.031(2), 2142
320.04(1), 320.06(1)(b) and (3)(b), and 320.0801, 320.0802, 2143
320.0804, and 320.08046. 2144
Section 69. Section 320.13, Florida Statutes, is amended 2145
to read: 2146
320.13 Dealer and manufacturer license plates and 2147
alternative method of registration. — 2148
(1)(a) Any licensed motor vehicle dealer and any licensed 2149
mobile home dealer m ay, upon payment of the license tax imposed 2150
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by s. 320.08(12), secure one or more dealer license plates, 2151
which are valid for use on motor vehicles or mobile homes owned 2152
by the dealer to whom such plates are issued while the motor 2153
vehicles are in inventory a nd for sale, or while being operated 2154
in connection with such dealer's business, but are not valid for 2155
use for hire. Dealer license plates may not be used on any tow 2156
truck or wrecker unless the tow truck or wrecker is being 2157
demonstrated for sale, and the de aler license plates may not be 2158
used on a vehicle used to transport another motor vehicle for 2159
the motor vehicle dealer. 2160
(b)1. Marine boat trailer dealers and manufacturers may , 2161
upon payment of the license taxes imposed by s. 320.08(12), 2162
secure one or more dealer plates, which are valid for use on 2163
boat trailers owned by the dealer to whom such plates are issued 2164
while being used in connection with such dealer's business, but 2165
are not valid for use for hire. 2166
2. It is the intent of the Legislature that the me thod 2167
currently used to license marine boat trailer dealers to do 2168
business in the state, that is, by an occupational license 2169
issued by the city or county, not be changed. The department 2170
shall not interpret this act to mean that it is empowered to 2171
license such dealers to do business. An occupational license tax 2172
certificate shall be sufficient proof upon which the department 2173
may issue dealer license plates. 2174
(c) A dealer of heavy trucks as defined in s. 320.01(10) , 2175
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upon payment of the license tax imposed by s . 320.08(12), may 2176
secure one or more dealer license plates that are valid for use 2177
on vehicles owned by the dealer to whom such plates are issued 2178
while the heavy trucks are in inventory and for sale and are 2179
being used only in the state for demonstration pur poses. The 2180
license plates may be used for demonstration purposes for a 2181
period not to exceed 24 hours. The license plates must be 2182
validated on a form prescribed by the department and must be 2183
retained in the vehicle being operated. 2184
(2) A licensed manufactu rer, importer, or distributor of 2185
motor vehicles may, upon payment of the license tax imposed by 2186
s. 320.08(12), secure one or more manufacturer license plates, 2187
which are valid for use on motor vehicles owned by the 2188
manufacturer, importer, or distributor to whom such plates are 2189
issued while the motor vehicles are in inventory and for sale, 2190
being operated for demonstration purposes, or in connection with 2191
the manufacturer's business, but are not valid for use for hire. 2192
(3) When a licensed dealer or a marine b oat trailer dealer 2193
chooses to register any motor vehicle or boat trailer he or she 2194
owns and has for sale and secure a regular motor vehicle license 2195
plate therefor, the dealer may, upon sale thereof, submit to the 2196
department a transfer fee of $4.50 and an a pplication for 2197
transfer of the license plate to a comparable motor vehicle or 2198
boat trailer owned by the dealer of the same weight series as 2199
set forth under former s. 320.08, Florida Statutes 2023 . 2200
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Section 70. Subsections (1) and (3) of section 320.133, 2201
Florida Statutes, are amended to read: 2202
320.133 Transporter license plates. — 2203
(1) The department is authorized to issue a transporter 2204
license plate to any applicant who, incidental to the conduct of 2205
his or her business, engages in the transporting of mo tor 2206
vehicles which are not currently registered to any owner and 2207
which do not have license plates, upon payment of the license 2208
tax imposed by s. 320.08(15) for each such license plate and 2209
upon proof of liability insurance coverage in the amount of 2210
$100,000 or more. Such a transporter license plate is valid for 2211
use on any motor vehicle in the possession of the transporter 2212
while the motor vehicle is being transported in the course of 2213
the transporter's business. 2214
(3) A license plate issued under this section is valid for 2215
a period of 12 months, beginning January 1 and ending December 2216
31. No refund of the license tax imposed may be provided for any 2217
unexpired portion of a license period. 2218
Section 71. Subsection (1) of section 320.203, Florida 2219
Statutes, is amended to read: 2220
320.203 Disposition of biennial license tax moneys. — 2221
(1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or 2222
(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76 2223
and pursuant to s. 216.351, after the provisions of s. 2224
320.20(1), (2), (3), (4), and (5) are fulfilled, an amount equal 2225
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to 50 percent of revenues collected from the biennial 2226
registrations created in s. 320.07 shall be retained in the 2227
Motor Vehicle License Clearing Trust Fund, authorized in s. 2228
215.32(2)(b)2.f., until July 1. After July 1 of the subsequent 2229
fiscal year, an amount equal to 50 percent of revenues collected 2230
from the biennial registrations created in s. 320.07 shall be 2231
distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b), 2232
(6), (7), (8), (9), (10), or (11 ), 320.08058 and, 328.76, and 2233
320.20(1), (2), (3), (4), and (5) . 2234
Section 72. Paragraph (c) of subsection (1) of section 2235
320.27, Florida Statutes, is amended to read: 2236
320.27 Motor vehicle dealers. — 2237
(1) DEFINITIONS.—The following words, terms, and ph rases 2238
when used in this section have the meanings respectively 2239
ascribed to them in this subsection, except where the context 2240
clearly indicates a different meaning: 2241
(c) "Motor vehicle dealer" means any person engaged in the 2242
business of buying, selling, or dealing in motor vehicles or 2243
offering or displaying motor vehicles for sale at wholesale or 2244
retail, or who may service and repair motor vehicles pursuant to 2245
an agreement as defined in s. 320.60(1). Any person who buys, 2246
sells, or deals in three or more mot or vehicles in any 12 -month 2247
period or who offers or displays for sale three or more motor 2248
vehicles in any 12-month period shall be prima facie presumed to 2249
be engaged in such business. The terms "selling" and "sale" 2250
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include lease-purchase transactions. A mo tor vehicle dealer may, 2251
at retail or wholesale, sell a recreational vehicle as described 2252
in s. 320.01(1)(b)1. -6. and 8., acquired in exchange for the 2253
sale of a motor vehicle, provided such acquisition is incidental 2254
to the principal business of being a moto r vehicle dealer. 2255
However, a motor vehicle dealer may not buy a recreational 2256
vehicle for the purpose of resale unless licensed as a 2257
recreational vehicle dealer pursuant to s. 320.771. A motor 2258
vehicle dealer may apply for a certificate of title to a motor 2259
vehicle required to be registered under former s. 320.08(2)(b), 2260
(c), and (d), Florida Statutes 2023, using a manufacturer's 2261
statement of origin as permitted by s. 319.23(1), only if such 2262
dealer is authorized by a franchised agreement as defined in s. 2263
320.60(1), to buy, sell, or deal in such vehicle and is 2264
authorized by such agreement to perform delivery and preparation 2265
obligations and warranty defect adjustments on the motor 2266
vehicle; provided this limitation shall not apply to 2267
recreational vehicles, van conv ersions, or any other motor 2268
vehicle manufactured on a truck chassis. The transfer of a motor 2269
vehicle by a dealer not meeting these qualifications shall be 2270
titled as a used vehicle. The classifications of motor vehicle 2271
dealers are defined as follows: 2272
1. "Franchised motor vehicle dealer" means any person who 2273
engages in the business of repairing, servicing, buying, 2274
selling, or dealing in motor vehicles pursuant to an agreement 2275
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as defined in s. 320.60(1). 2276
2. "Independent motor vehicle dealer" means any pers on 2277
other than a franchised or wholesale motor vehicle dealer who 2278
engages in the business of buying, selling, or dealing in motor 2279
vehicles, and who may service and repair motor vehicles. 2280
3. "Wholesale motor vehicle dealer" means any person who 2281
engages exclusively in the business of buying, selling, or 2282
dealing in motor vehicles at wholesale or with motor vehicle 2283
auctions. Such person shall be licensed to do business in this 2284
state, shall not sell or auction a vehicle to any person who is 2285
not a licensed deale r, and shall not have the privilege of the 2286
use of dealer license plates. Any person who buys, sells, or 2287
deals in motor vehicles at wholesale or with motor vehicle 2288
auctions on behalf of a licensed motor vehicle dealer and as a 2289
bona fide employee of such lic ensed motor vehicle dealer is not 2290
required to be licensed as a wholesale motor vehicle dealer. In 2291
such cases it shall be prima facie presumed that a bona fide 2292
employer-employee relationship exists. A wholesale motor vehicle 2293
dealer shall be exempt from the display provisions of this 2294
section but shall maintain an office wherein records are kept in 2295
order that those records may be inspected. 2296
4. "Motor vehicle auction" means any person offering motor 2297
vehicles or recreational vehicles for sale to the highest bi dder 2298
where buyers are licensed motor vehicle dealers. Such person 2299
shall not sell a vehicle to anyone other than a licensed motor 2300
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vehicle dealer. 2301
5. "Salvage motor vehicle dealer" means any person who 2302
engages in the business of acquiring salvaged or wrecked motor 2303
vehicles for the purpose of reselling them and their parts. 2304
2305
The term "motor vehicle dealer" does not include persons not 2306
engaged in the purchase or sale of motor vehicles as a business 2307
who are disposing of vehicles acquired for their own use or for 2308
use in their business or acquired by foreclosure or by operation 2309
of law, provided such vehicles are acquired and sold in good 2310
faith and not for the purpose of avoiding the provisions of this 2311
law; persons engaged in the business of manufacturing, se lling, 2312
or offering or displaying for sale at wholesale or retail no 2313
more than 25 trailers in a 12 -month period; public officers 2314
while performing their official duties; receivers; trustees, 2315
administrators, executors, guardians, or other persons appointed 2316
by, or acting under the judgment or order of, any court; banks, 2317
finance companies, or other loan agencies that acquire motor 2318
vehicles as an incident to their regular business; motor vehicle 2319
brokers; and motor vehicle rental and leasing companies that 2320
sell motor vehicles to motor vehicle dealers licensed under this 2321
section. Vehicles owned under circumstances described in this 2322
paragraph may be disposed of at retail, wholesale, or auction, 2323
unless otherwise restricted. A manufacturer of fire trucks, 2324
ambulances, or school buses may sell such vehicles directly to 2325
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governmental agencies or to persons who contract to perform or 2326
provide firefighting, ambulance, or school transportation 2327
services exclusively to governmental agencies without processing 2328
such sales through d ealers if such fire trucks, ambulances, 2329
school buses, or similar vehicles are not presently available 2330
through motor vehicle dealers licensed by the department. 2331
Section 73. Subsection (2) of section 320.57, Florida 2332
Statutes, is amended to read: 2333
320.57 Penalties for violations of this chapter. — 2334
(2) The owner of a truck tractor and semitrailer 2335
combination or commercial truck and trailer combination , the 2336
actual gross vehicle weight of which exceeds the declared weight 2337
for registration purposes under former s. 320.08(4), Florida 2338
Statutes 2023 must, is required to pay to the department the 2339
difference between the license tax amount paid and the required 2340
license tax due for the proper gross vehicle weight prescribed 2341
by s. 320.08(4), plus a civil penalty of $ 50. 2342
Section 74. Paragraph (a) of subsection (1) of section 2343
320.771, Florida Statutes, is amended to read: 2344
320.771 License required of recreational vehicle dealers. — 2345
(1) DEFINITIONS.—As used in this section, the term: 2346
(a)1. "Dealer" means any pers on engaged in the business of 2347
buying, selling, or dealing in recreational vehicles or offering 2348
or displaying recreational vehicles for sale. The term "dealer" 2349
includes a recreational vehicle broker. Any person who buys, 2350
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sells, deals in, or offers or displa ys for sale, or who acts as 2351
the agent for the sale of, one or more recreational vehicles in 2352
any 12-month period shall be prima facie presumed to be a 2353
dealer. The terms "selling" and "sale" include lease -purchase 2354
transactions. The term "dealer" does not inc lude banks, credit 2355
unions, and finance companies that acquire recreational vehicles 2356
as an incident to their regular business and does not include 2357
mobile home rental and leasing companies that sell recreational 2358
vehicles to dealers licensed under this sectio n. 2359
2. A licensed dealer may transact business in recreational 2360
vehicles with a motor vehicle auction as defined in s. 2361
320.27(1)(c)4. Further, a licensed dealer may, at retail or 2362
wholesale, sell a motor vehicle, as described in s. 2363
320.01(1)(a), acquired in exchange for the sale of a 2364
recreational vehicle, if the acquisition is incidental to the 2365
principal business of being a recreational vehicle dealer. 2366
However, a recreational vehicle dealer may not buy a motor 2367
vehicle for the purpose of resale unless license d as a motor 2368
vehicle dealer pursuant to s. 320.27. A dealer may apply for a 2369
certificate of title to a recreational vehicle required to be 2370
registered under former s. 320.08(9), Florida Statutes 2023, 2371
using a manufacturer's statement of origin as permitted b y s. 2372
319.23(1), only if the dealer is authorized by a 2373
manufacturer/dealer agreement, as defined in s. 320.3202, on 2374
file with the department, to buy, sell, or deal in that 2375
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particular line-make of recreational vehicle, and the dealer is 2376
authorized by the man ufacturer/dealer agreement to perform 2377
delivery and preparation obligations and warranty defect 2378
adjustments on that line -make. 2379
Section 75. Section 322.025, Florida Statutes, is amended 2380
to read: 2381
322.025 Driver improvement. —The department may implement 2382
programs to improve the driving ability of the drivers of this 2383
state. Such programs may include, but shall not be limited to, 2384
safety awareness campaigns, driver training, and licensing 2385
improvement. Motorcycle driver improvement programs implemented 2386
pursuant to this section or s. 322.0255 may be funded by the 2387
motorcycle safety education fee collected pursuant to s. 2388
320.08(1)(c), which shall be deposited in the Highway Safety 2389
Operating Trust Fund. 2390
Section 76. Subsection (1) of section 322.0255, Florida 2391
Statutes, is amended to read: 2392
322.0255 Florida Motorcycle Safety Education Program. — 2393
(1) The department shall establish a Florida Motorcycle 2394
Safety Education Program. The program shall be funded as 2395
provided by ss. 320.08 and 322.025. 2396
Section 77. Paragraph (b) of subsection (2) of section 2397
339.139, Florida Statutes, is amended to read: 2398
339.139 Transportation debt assessment. — 2399
(2) The department shall provide a debt and debt -like 2400
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contractual obligations load report to the Executive Office of 2401
the Governor, the President of the Senate, the Speaker of the 2402
House of Representatives, and the legislative appropriations 2403
committees in conjunction with the tentative work program 2404
required under s. 339.135. The debt and debt -like contractual 2405
obligations load repo rt must include the following data on 2406
current and planned department commitments that are payable from 2407
the State Transportation Trust Fund: 2408
(b) Funding for seaports which has been pledged to the 2409
payment of principal and interest on bonds issued by the Fl orida 2410
Ports Financing Commission pursuant to s. 320.20. 2411
Section 78. Section 553.382, Florida Statutes, is amended 2412
to read: 2413
553.382 Placement of certain housing. —Notwithstanding any 2414
other law or ordinance to the contrary, in order to expand the 2415
availability of affordable housing in this state, any 2416
residential manufactured building that is certified under this 2417
chapter by the department may be placed on a mobile home lot in 2418
a mobile home park, recreational vehicle park, or mobile home 2419
condominium, cooperative, or subdivision. Any such housing unit 2420
placed on a mobile home lot is a mobile home for purposes of 2421
chapter 723 and, therefore, all rights, obligations, and duties 2422
under chapter 723 apply, including the specifics of the 2423
prospectus. However, a housing unit subject to this section may 2424
not be placed on a mobile home lot without the prior written 2425
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approval of the park owner. Each housing unit subject to this 2426
section shall be taxed as a mobile home under s. 320.08(11) and 2427
is subject to payments to the Flori da Mobile Home Relocation 2428
Fund under s. 723.06116. 2429
Section 79. Subsection (4) of section 765.5155, Florida 2430
Statutes, is amended to read: 2431
765.5155 Donor registry; education program. — 2432
(4) Costs for the donor registry and education program 2433
shall be paid by the agency from the funds deposited into the 2434
Health Care Trust Fund pursuant to s. 322.08 ss. 320.08047 and 2435
322.08, which are designated for maintaining the donor registry 2436
and education program. In addition, the contractor may receive 2437
and use voluntary contributions to help support the registry and 2438
provide education. 2439
Section 80. Section 322.21, Florida Statutes, is amended 2440
to read: 2441
322.21 Driver licenses; department duties License fees; 2442
procedure for handling and collecting fees .— 2443
(1) Except as otherwise provided herein, the fee for: 2444
(a) An original or renewal commercial driver license is 2445
$75, which shall include the fee for driver education provided 2446
by s. 1003.48. However, if an applicant has completed training 2447
and is applying for employmen t or is currently employed in a 2448
public or nonpublic school system that requires the commercial 2449
license, the fee is the same as for a Class E driver license. A 2450
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delinquent fee of $15 shall be added for a renewal within 12 2451
months after the license expiration date. 2452
(b) An original Class E driver license is $48, which 2453
includes the fee for driver education provided by s. 1003.48. 2454
However, if an applicant has completed training and is applying 2455
for employment or is currently employed in a public or nonpublic 2456
school system that requires a commercial driver license, the fee 2457
is the same as for a Class E license. 2458
(c) The renewal or extension of a Class E driver license 2459
or of a license restricted to motorcycle use only is $48, except 2460
that a delinquent fee of $15 shall be added for a renewal or 2461
extension made within 12 months after the license expiration 2462
date. The fee provided in this paragraph includes the fee for 2463
driver education provided by s. 1003.48. 2464
(d) An original driver license restricted to motorcycle 2465
use only is $48, which includes the fee for driver education 2466
provided by s. 1003.48. 2467
(e) A replacement driver license issued pursuant to s. 2468
322.17 is $25. Of this amount $7 shall be deposited into the 2469
Highway Safety Operating Trust Fund and $18 shall be de posited 2470
into the General Revenue Fund. Beginning July 1, 2015, or upon 2471
completion of the transition of driver license issuance 2472
services, if the replacement driver license is issued by the tax 2473
collector, the tax collector shall retain the $7 that would 2474
otherwise be deposited into the Highway Safety Operating Trust 2475
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Fund and the remaining revenues shall be deposited into the 2476
General Revenue Fund. 2477
(f) An original, renewal, or replacement identification 2478
card issued pursuant to s. 322.051 is $25. 2479
1. An applicant who meets any of the following criteria is 2480
exempt from the fee under this paragraph for an original, 2481
renewal, or replacement identification card: 2482
a. The applicant presents a valid Florida voter's 2483
registration card to the department and attests that h e or she 2484
is experiencing a financial hardship. 2485
b. The applicant presents evidence satisfactory to the 2486
department that he or she is homeless as defined in s. 2487
414.0252(7). 2488
c. The applicant presents evidence satisfactory to the 2489
department that his or her annual income is at or below 100 2490
percent of the federal poverty level. 2491
d. The applicant is a juvenile offender who is in the 2492
custody or under the supervision of the Department of Juvenile 2493
Justice, who is receiving services pursuant to s. 985.461, and 2494
whose identification card is issued by the department's mobile 2495
issuing units. 2496
2. Pursuant to s. 322.051(10), an applicant who is 80 2497
years of age or older and whose driving privilege is denied due 2498
to failure to pass a vision test administered pursuant to s. 2499
322.18(5) is exempt from the fee under this paragraph for an 2500
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original identification card. 2501
3. Funds collected from fees for original, renewal, or 2502
replacement identification cards shall be distributed as 2503
follows: 2504
a. For an original identification card i ssued pursuant to 2505
s. 322.051, the fee shall be deposited into the General Revenue 2506
Fund. 2507
b. For a renewal identification card issued pursuant to s. 2508
322.051, $6 shall be deposited into the Highway Safety Operating 2509
Trust Fund, and $19 shall be deposited int o the General Revenue 2510
Fund. 2511
c. For a replacement identification card issued pursuant 2512
to s. 322.051, $9 shall be deposited into the Highway Safety 2513
Operating Trust Fund, and $16 shall be deposited into the 2514
General Revenue Fund. Beginning July 1, 2015, or u pon completion 2515
of the transition of the driver license issuance services, if 2516
the replacement identification card is issued by the tax 2517
collector, the tax collector shall retain the $9 that would 2518
otherwise be deposited into the Highway Safety Operating Trust 2519
Fund and the remaining revenues shall be deposited into the 2520
General Revenue Fund. 2521
(g) Each endorsement required by s. 322.57 is $7. 2522
(h) A hazardous-materials endorsement, as required by s. 2523
322.57(1)(e), shall be set by the department by rule and must 2524
reflect the cost of the required criminal history check, 2525
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including the cost of the state and federal fingerprint check, 2526
and the cost to the department of providing and issuing the 2527
license. The fee shall not exceed $100. This fee shall be 2528
deposited in the Highway Safety Operating Trust Fund. The 2529
department may adopt rules to administer this section. 2530
(1)(2) It is the duty of the director of the Division of 2531
Motorist Services to set up a division in the department with 2532
the necessary personnel to perform the n ecessary clerical and 2533
routine work for the department in issuing and recording 2534
applications, licenses, and certificates of eligibility, 2535
including the receiving and accounting of all license funds and 2536
their payment into the State Treasury, and other incidental 2537
clerical work connected with the administration of this chapter. 2538
The department may use such electronic, mechanical, or other 2539
devices as necessary to accomplish the purposes of this chapter. 2540
(2)(3) The department shall prepare sufficient forms for 2541
certificates of eligibility, applications, notices, and license 2542
materials to supply all applicants for driver licenses and all 2543
renewal licenses. 2544
(3)(4) If the department determines from its records or is 2545
otherwise satisfied that the holder of a license abo ut to expire 2546
is entitled to have it renewed, the department shall mail a 2547
renewal notice to the licensee at his or her last known address , 2548
within 30 days before the licensee's birthday. The licensee 2549
shall be issued a renewal license, after reexamination, if 2550
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required, during the 30 days immediately preceding his or her 2551
birthday upon presenting a renewal notice and, his or her 2552
current license, and the fee for renewal to the department at 2553
any driver license examining office. 2554
(5) The department shall collect a nd transmit all fees 2555
received by it under this section to the Chief Financial Officer 2556
to be deposited into the General Revenue Fund, and sufficient 2557
funds for the necessary expenses of the department shall be 2558
included in the appropriations act. The fees sha ll be used for 2559
the maintenance and operation of the department. 2560
(6) Any member of the Armed Forces or his or her spouse, 2561
daughter, son, stepdaughter, or stepson, who holds a Florida 2562
driver license and who presents an affidavit showing that he or 2563
she was out of the state due to service in the Armed Forces of 2564
the United States at the time of license expiration is exempt 2565
from paying the delinquent fee if the application for renewal is 2566
made within 15 months after the expiration of his or her license 2567
and within 90 days after the date of discharge or transfer to a 2568
military or naval establishment in this state as shown in the 2569
affidavit. However, such a person is not exempt from any 2570
reexamination requirement. 2571
(7) Any veteran honorably discharged from the Armed F orces 2572
who has been issued a valid identification card by the 2573
Department of Veterans' Affairs in accordance with s. 295.17, 2574
has been determined by the United States Department of Veterans 2575
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Affairs or its predecessor to have a 100 -percent total and 2576
permanent service-connected disability rating for compensation, 2577
or has been determined to have a service -connected total and 2578
permanent disability rating of 100 percent, is in receipt of 2579
disability retirement pay from any branch of the United States 2580
Armed Services, and who is qualified to obtain a driver license 2581
under this chapter is exempt from all fees required by this 2582
section. 2583
(8) A person who applies for reinstatement following the 2584
suspension or revocation of the person's driver license must pay 2585
a service fee of $45 following a suspension, and $75 following a 2586
revocation, which is in addition to the fee for a license. A 2587
person who applies for reinstatement of a commercial driver 2588
license following the disqualification of the person's privilege 2589
to operate a commerci al motor vehicle shall pay a service fee of 2590
$75, which is in addition to the fee for a license. The 2591
department shall collect all of these fees at the time of 2592
reinstatement. The department shall issue proper receipts for 2593
such fees and shall promptly transmi t all funds received by it 2594
as follows: 2595
(a) Of the $45 fee received from a licensee for 2596
reinstatement following a suspension: 2597
1. If the reinstatement is processed by the department, 2598
the department shall deposit $15 in the General Revenue Fund and 2599
$30 in the Highway Safety Operating Trust Fund. 2600
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2. If the reinstatement is processed by the tax collector, 2601
$15, less the general revenue service charge set forth in s. 2602
215.20(1), shall be retained by the tax collector, $15 shall be 2603
deposited into the Highway S afety Operating Trust Fund, and $15 2604
shall be deposited into the General Revenue Fund. 2605
(b) Of the $75 fee received from a licensee for 2606
reinstatement following a revocation or disqualification: 2607
1. If the reinstatement is processed by the department, 2608
the department shall deposit $35 in the General Revenue Fund and 2609
$40 in the Highway Safety Operating Trust Fund. 2610
2. If the reinstatement is processed by the tax collector, 2611
$20, less the general revenue service charge set forth in s. 2612
215.20(1), shall be retained by the tax collector, $20 shall be 2613
deposited into the Highway Safety Operating Trust Fund, and $35 2614
shall be deposited into the General Revenue Fund. 2615
2616
If the revocation or suspension of the driver license was for a 2617
violation of s. 316.193, or for r efusal to submit to a lawful 2618
breath, blood, or urine test, an additional fee of $130 must be 2619
charged. However, only one $130 fee may be collected from one 2620
person convicted of violations arising out of the same incident. 2621
The department shall collect the $13 0 fee and deposit the fee 2622
into the Highway Safety Operating Trust Fund at the time of 2623
reinstatement of the person's driver license, but the fee may 2624
not be collected if the suspension or revocation is overturned. 2625
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If the revocation or suspension of the drive r license was for a 2626
conviction for a violation of s. 817.234(8) or (9) or s. 2627
817.505, an additional fee of $180 is imposed for each offense. 2628
The department shall collect and deposit the additional fee into 2629
the Highway Safety Operating Trust Fund at the tim e of 2630
reinstatement of the person's driver license. 2631
(9) An applicant: 2632
(a) Requesting a review authorized in s. 322.222, s. 2633
322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing 2634
fee of $25 to be deposited into the Highway Safety Operating 2635
Trust Fund. 2636
(b) Petitioning the department for a hearing authorized in 2637
s. 322.271 must pay a filing fee of $12 to be deposited into the 2638
Highway Safety Operating Trust Fund. 2639
Section 81. Subsections (1), (3), (8), (9), and (10) of 2640
section 322.051, Florida Statutes, are amended to read: 2641
322.051 Identification cards. — 2642
(1) Any person who is 5 years of age or older, or any 2643
person who has a disability, regardless of age, who applies for 2644
a disabled parking permit under s. 320.0848, may be issued an 2645
identification card by the department upon completion of an 2646
application and payment of an application fee . 2647
(a) The application must include the following information 2648
regarding the applicant: 2649
1. Full name (first, middle or maiden, and last), gender, 2650
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proof of social security card number satisfactory to the 2651
department, which may include a military identification card, 2652
county of residence, mailing address, proof of residential 2653
address satisfactory to the department, country of birth, and a 2654
brief description. 2655
2. Proof of birth date satisfactory to the department. 2656
3. Proof of identity satisfactory to the department. Such 2657
proof must include one of the following documents issued to the 2658
applicant: 2659
a. A driver license record or identification card record 2660
from another jurisdiction that required the applicant to submit 2661
a document for identification which is substantially similar to 2662
a document required under sub -subparagraph b., sub -subparagraph 2663
c., sub-subparagraph d., sub -subparagraph e., sub -subparagraph 2664
f., sub-subparagraph g., or sub-subparagraph h.; 2665
b. A certified copy of a United States birth certificate; 2666
c. A valid, unexpired United States passport; 2667
d. A naturalization certificate issued by the United 2668
States Department of Homeland Security; 2669
e. A valid, unexpired alien registration receipt card 2670
(green card); 2671
f. A Consular Report of Birth Abroad provided by the 2672
United States Department of State; 2673
g. An unexpired employment authorization card issued by 2674
the United States Department of Homeland Security; or 2675
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h. Proof of nonimmigrant classification provided by the 2676
United States Department of Homeland Security, for an original 2677
identification card. In order to prove nonimmigrant 2678
classification, an applicant must provide at least one of the 2679
following documents. In addition, the department may require 2680
applicants to produce United States Department of Homeland 2681
Security documents for the sole purpose of establishing the 2682
maintenance of, or efforts to maintain, continuous lawful 2683
presence: 2684
(I) A notice of hearing from an immigration court 2685
scheduling a hearing on any proceeding. 2686
(II) A notice from the Board of Immigration Appeals 2687
acknowledging pendency of an appeal. 2688
(III) A notice of the approval of an application for 2689
adjustment of status issued by the United States Citizenship and 2690
Immigration Services. 2691
(IV) An official documentation confirming the filing of a 2692
petition for asylum or refugee status or any other relief issued 2693
by the United States Citizenship and Immigration Services. 2694
(V) A notice of action transferr ing any pending matter 2695
from another jurisdiction to Florida, issued by the United 2696
States Citizenship and Immigration Services. 2697
(VI) An order of an immigration judge or immigration 2698
officer granting relief that authorizes the alien to live and 2699
work in the United States, including, but not limited to, 2700
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asylum. 2701
(VII) Evidence that an application is pending for 2702
adjustment of status to that of an alien lawfully admitted for 2703
permanent residence in the United States or conditional 2704
permanent resident status in th e United States, if a visa number 2705
is available having a current priority date for processing by 2706
the United States Citizenship and Immigration Services. 2707
(VIII) On or after January 1, 2010, an unexpired foreign 2708
passport with an unexpired United States Visa affixed, 2709
accompanied by an approved I -94, documenting the most recent 2710
admittance into the United States. 2711
2712
An identification card issued based on documents required in 2713
sub-subparagraph g. or sub -subparagraph h. is valid for a period 2714
not to exceed the expiration date of the document presented or 1 2715
year, whichever occurs first. 2716
(b) An application for an identification card must be 2717
signed and verified by the applicant in a format designated by 2718
the department before a person authorized to administer oath s 2719
and payment of the applicable fee pursuant to s. 322.21 . 2720
(c) Each such applicant may include fingerprints and any 2721
other unique biometric means of identity. 2722
(3) If an identification card issued under this section is 2723
lost, destroyed, or mutilated or a new name is acquired, the 2724
person to whom it was issued may obtain a duplicate upon 2725
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furnishing satisfactory proof of such fact to the department and 2726
upon payment of a fee as provided in s. 322.21. The fee must 2727
include payment for the color photograph or dig ital image of the 2728
applicant. Any person who loses an identification card and who, 2729
after obtaining a duplicate, finds the original card shall 2730
immediately surrender the original card to the department. The 2731
same documentary evidence shall be furnished for a d uplicate as 2732
for an original identification card. 2733
(8)(a) The department shall, upon receipt of the required 2734
fee, issue to each qualified applicant for an identification 2735
card a color photographic or digital image identification card 2736
bearing a fullface phot ograph or digital image of the 2737
identification cardholder. Notwithstanding chapter 761 or s. 2738
761.05, the requirement for a fullface photograph or digital 2739
image of the identification cardholder may not be waived. A 2740
space shall be provided upon which the iden tification cardholder 2741
shall affix his or her usual signature, as required in s. 2742
322.14, in the presence of an authorized agent of the department 2743
so as to ensure that such signature becomes a part of the 2744
identification card. Beginning November 1, 2023, each 2745
distinguishing number assigned to an original, renewal, or 2746
replacement identification card must have a minimum of four 2747
randomly generated digits. 2748
(b)1. The word "Veteran" must be exhibited on the 2749
identification card of a veteran upon the presentation of a copy 2750
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of the person's: 2751
a. DD Form 214, issued by the United States Department of 2752
Defense; 2753
b. Veteran health identification card, issued by the 2754
United States Department of Veterans Affairs; 2755
c. Veteran identification card, issued by the United 2756
States Department of Veterans Affairs pursuant to the Veterans 2757
Identification Card Act of 2015, Pub. L. No. 114 -31; or 2758
d. Other acceptable form specified by the Department of 2759
Veterans' Affairs. 2760
2. Until a veteran's identification card is next renewed, 2761
the veteran may have the word "Veteran" added to his or her 2762
identification card upon surrender of his or her current 2763
identification card and presentation of any of the forms of 2764
identification specified in subparagraph 1. If the applicant is 2765
not conducting any ot her transaction affecting the 2766
identification card, a replacement identification card must be 2767
issued with the word "Veteran" without payment of the fee 2768
required in s. 322.21(1)(f)3.c. 2769
(c) The international symbol for the deaf and hard of 2770
hearing shall be exhibited on the identification card of a 2771
person who is deaf or hard of hearing upon the payment of a an 2772
additional $1 fee for the identification card and the 2773
presentation of sufficient proof that the person is deaf or hard 2774
of hearing as determined by the department. Until a person's 2775
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identification card is next renewed, the person may have the 2776
symbol added to his or her identification card upon surrender of 2777
his or her current identification card, payment of a $2 fee to 2778
be deposited into the Highway Safety O perating Trust Fund, and 2779
presentation of sufficient proof that the person is deaf or hard 2780
of hearing as determined by the department. If the applicant is 2781
not conducting any other transaction affecting the 2782
identification card, a replacement identification c ard may be 2783
issued with the symbol without payment of the fee required in s. 2784
322.21(1)(f)3.c. For purposes of this paragraph, the 2785
international symbol for the deaf and hard of hearing is 2786
substantially as follows: 2787
2788
2789
2790
(d) The department shall include symbo ls representing the 2791
following on an identification card upon the payment of a an 2792
additional $1 fee by an applicant who meets the requirements of 2793
subsection (1) and presents his or her: 2794
1. Lifetime freshwater fishing license; 2795
2. Lifetime saltwater fishi ng license; 2796
3. Lifetime hunting license; 2797
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4. Lifetime sportsman's license; or 2798
5. Lifetime boater safety identification card. 2799
2800
A person may replace his or her identification card before its 2801
expiration date with a card that includes his or her status as a 2802
lifetime licensee or boater safety cardholder upon surrender of 2803
his or her current identification card, payment of a $2 fee to 2804
be deposited into the Highway Safety Operating Trust Fund, and 2805
presentation of the person's lifetime license or card. If the 2806
sole purpose of the replacement identification card is the 2807
inclusion of the applicant's status as a lifetime licensee or 2808
cardholder, the replacement identification card must be issued 2809
without payment of the fee required in s. 322.21(1)(f)3.c. 2810
(e)1. Upon request by a person who has a developmental 2811
disability, or by a parent or guardian of a child or ward who 2812
has a developmental disability, the department shall issue an 2813
identification card exhibiting a capital "D" for the person, 2814
child, or ward if the person or the parent or guardian of the 2815
child or ward submits: 2816
a. Payment of a an additional $1 fee; and 2817
b. Proof acceptable to the department of a diagnosis by a 2818
licensed physician of a developmental disability as defined in 2819
s. 393.063. 2820
2. The department shall deposit the additional $1 fee into 2821
the Agency for Persons with Disabilities Operations and 2822
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Maintenance Trust Fund under s. 20.1971(2). 2823
3. A replacement identification card that includes the 2824
designation may be issued without payment of the fee required 2825
under s. 322.21(1)(f) . 2826
4. The department shall develop rules to facilitate the 2827
issuance, requirements, and oversight of developmental 2828
disability identification cards under this section. 2829
(9)(a) Notwithstanding any other provision of this sectio n 2830
or s. 322.21 to the contrary, the department shall issue or 2831
renew a card at no charge to: 2832
1. A person who presents a valid Florida voter's 2833
registration card to the department and attests that he or she 2834
is experiencing a financial hardship. The departme nt may not 2835
require such person to present evidence of a financial hardship. 2836
2. A person who presents evidence satisfactory to the 2837
department that he or she is homeless as defined in s. 2838
414.0252(7). 2839
3. A juvenile offender who is in the custody or under the 2840
supervision of the Department of Juvenile Justice and receiving 2841
services pursuant to s. 985.461. 2842
4. An inmate receiving a card issued pursuant to s. 2843
944.605(7), or, if necessary, to an inmate receiving a 2844
replacement card if the department determines that he or she has 2845
a valid state identification card. If the replacement state 2846
identification card is scheduled to expire within 6 months, the 2847
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department may also issue a temporary permit valid for at least 2848
6 months after the release date. 2849
(b) The department's mobile issuing units shall process 2850
the identification cards for juvenile offenders and inmates at 2851
no charge, as provided by s. 944.605(7)(a) and (b). 2852
(10) Notwithstanding any other provision of this section 2853
or s. 322.21 to the contrary, the depart ment shall issue an 2854
identification card at no charge to a person who is 80 years of 2855
age or older and whose driving privilege is denied due to 2856
failure to pass a vision test administered pursuant to s. 2857
322.18(5). 2858
Section 82. Paragraphs (c) through (f) of subsection (1) 2859
of section 322.14, Florida Statutes, are amended to read: 2860
322.14 Licenses issued to drivers. — 2861
(1) 2862
(c) The international symbol for the deaf and hard of 2863
hearing provided in s. 322.051(8)(c) shall be exhibited on the 2864
driver license of a person who is deaf or hard of hearing upon 2865
the payment of a an additional $1 fee for the license and the 2866
presentation of sufficient proof that the person is deaf or hard 2867
of hearing as determined by the department. Until a person's 2868
license is next renewed, the person may have the symbol added to 2869
his or her license upon the surrender of his or her current 2870
license, payment of a $2 fee to be deposited into the Highway 2871
Safety Operating Trust Fund, and presentation of sufficient 2872
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proof that the person is deaf or h ard of hearing as determined 2873
by the department. If the applicant is not conducting any other 2874
transaction affecting the driver license, a replacement license 2875
may be issued with the symbol without payment of the fee 2876
required in s. 322.21(1)(e). 2877
(d)1. The word "Veteran" must be exhibited on the driver 2878
license of a veteran upon the presentation of a copy of the 2879
person's: 2880
a. DD Form 214, issued by the United States Department of 2881
Defense; 2882
b. Veteran health identification card, issued by the 2883
United States Department of Veterans Affairs; 2884
c. Veteran identification card, issued by the United 2885
States Department of Veterans Affairs pursuant to the Veterans 2886
Identification Card Act of 2015, Pub. L. No. 114 -31; or 2887
d. Other acceptable form specified by the Departme nt of 2888
Veterans' Affairs. 2889
2. Until a veteran's license is next renewed, the veteran 2890
may have the word "Veteran" added to his or her license upon 2891
surrender of his or her current license and presentation of any 2892
of the forms of identification specified in su bparagraph 1. If 2893
the applicant is not conducting any other transaction affecting 2894
the driver license, a replacement license must be issued with 2895
the word "Veteran" without payment of the fee required in s. 2896
322.21(1)(e). 2897
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(e) The department shall include sym bols representing the 2898
following on a driver license upon the payment of an additional 2899
$1 fee by an applicant who meets the requirements of s. 322.08 2900
and presents his or her: 2901
1. Lifetime freshwater fishing license; 2902
2. Lifetime saltwater fishing license; 2903
3. Lifetime hunting license; 2904
4. Lifetime sportsman's license; or 2905
5. Lifetime boater safety identification card. 2906
2907
A person may replace his or her driver license before its 2908
expiration date with a license that includes his or her status 2909
as a lifetime licensee or boater safety cardholder upon 2910
surrender of his or her current driver license, payment of a $2 2911
fee to be deposited into the Highway Safety Operating Trust 2912
Fund, and presentation of the person's lifetime license or 2913
identification card. If the sole purpose of the replacement 2914
driver license is the inclusion of the applicant's status as a 2915
lifetime licensee or cardholder, the replacement driver license 2916
must be issued without payment of the fee required in s. 2917
322.21(1)(e). 2918
(f)1. Upon request by a pers on who has a developmental 2919
disability, or by a parent or legal guardian of a child or ward 2920
who has a developmental disability, the capital letter "D" shall 2921
be exhibited on the driver license of a person who has a 2922
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developmental disability, as defined in s. 393.063, if the 2923
person, or his or her parent or legal guardian, presents 2924
sufficient proof that the person has been diagnosed with a 2925
developmental disability by a physician licensed under chapter 2926
458 or chapter 459 as determined by the department. 2927
2. Until a person's driver license is next renewed, the 2928
person, or his or her parent or legal guardian, may have the 2929
capital letter "D" added to or removed from his or her license 2930
upon the surrender of his or her current license and 2931
presentation of sufficient pro of that the person has been 2932
diagnosed with a developmental disability by a physician 2933
licensed under chapter 458 or chapter 459 as determined by the 2934
department. If the applicant is not conducting any other 2935
transaction affecting the driver license, a replace ment license 2936
may be issued with the capital letter "D" added or removed 2937
without payment of the fee required in s. 322.21(1)(e). 2938
Section 83. Paragraph (a) of subsection (1) and 2939
subsections (2) and (4) of section 322.17, Florida Statutes, are 2940
amended to read: 2941
322.17 Replacement licenses and permits. — 2942
(1)(a) In the event that an instruction permit or driver 2943
license issued under the provisions of this chapter is lost or 2944
destroyed, the person to whom the same was issued may , upon 2945
payment of the appropria te fee pursuant to s. 322.21, obtain a 2946
replacement upon furnishing proof satisfactory to the department 2947
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that such permit or license has been lost or destroyed, and 2948
further furnishing the full name, date of birth, sex, residence 2949
and mailing address, proof o f birth satisfactory to the 2950
department, and proof of identity satisfactory to the 2951
department. 2952
(2) Upon the surrender of the original license and the 2953
payment of the appropriate fees pursuant to s. 322.21 , the 2954
department shall issue a replacement license t o make a change in 2955
name, address, or restrictions. 2956
(4) Notwithstanding any other provision of this section or 2957
s. 322.21, the department shall, if necessary, issue or renew a 2958
replacement driver license at no charge to an inmate if the 2959
department determine s that he or she has a valid driver license. 2960
If the replacement driver license is scheduled to expire within 2961
6 months, the department may also issue a temporary permit valid 2962
for at least 6 months after the release date. 2963
Section 84. Paragraph (a) of sub section (4) and paragraph 2964
(a) of subsection (8) of section 322.18, Florida Statutes, are 2965
amended to read: 2966
322.18 Original applications, licenses, and renewals; 2967
expiration of licenses; delinquent licenses. — 2968
(4)(a) Except as otherwise provided in this ch apter, all 2969
licenses shall be renewable every 8 years and shall be issued or 2970
renewed upon application , payment of the fees required by s. 2971
322.21, and successful passage of any required examination, 2972
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unless the department has reason to believe that the licensee is 2973
no longer qualified to receive a license. 2974
(8) The department shall issue 8 -year renewals using a 2975
convenience service without reexamination to drivers who have 2976
not attained 80 years of age. The department shall issue 6 -year 2977
renewals using a convenience service when the applicant has 2978
satisfied the requirements of subsection (5). 2979
(a) If the department determines from its records that the 2980
holder of a license about to expire is eligible for renewal, the 2981
department shall mail a renewal notice to t he licensee at his or 2982
her last known address , not less than 30 days before prior to 2983
the licensee's birthday. The renewal notice shall direct the 2984
licensee to appear at a driver license office for in -person 2985
renewal or to transmit the completed renewal notice and the fees 2986
required by s. 322.21 to the department using a convenience 2987
service. 2988
Section 85. Subsection (4) of section 322.251, Florida 2989
Statutes, is amended to read: 2990
322.251 Notice of cancellation, suspension, revocation, or 2991
disqualification of lic ense.— 2992
(4) A person whose privilege to operate a commercial motor 2993
vehicle is temporarily disqualified may, upon surrendering his 2994
or her commercial driver license, be issued a Class E driver 2995
license, valid for the length of his or her unexpired commercial 2996
driver license, at no cost. Such person may, upon the completion 2997
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of his or her disqualification, be issued a commercial driver 2998
license, of the type disqualified, for the remainder of his or 2999
her unexpired license period. Any such person shall pay the 3000
reinstatement fee provided in s. 322.21 before being issued a 3001
commercial driver license. 3002
Section 86. Subsection (2) of section 322.29, Florida 3003
Statutes, is amended to read: 3004
322.29 Surrender and return of license. — 3005
(2) Notwithstanding subsection (1), an examination is not 3006
required for the return of a license suspended under s. 318.15 3007
or s. 322.245 unless an examination is otherwise required by 3008
this chapter. A person applying for the return of a license 3009
suspended under s. 318.15 or s. 322.245 must present to the 3010
department certification from the court that he or she has 3011
complied with all obligations and penalties imposed pursuant to 3012
s. 318.15 or, in the case of a suspension pursuant to s. 3013
322.245, that he or she has complied with all directives of the 3014
court and the requirements of s. 322.245 and shall pay to the 3015
department a nonrefundable service fee of $60, of which $37.50 3016
shall be deposited into the General Revenue Fund and $22.50 3017
shall be deposited into the Highway Safety Operating Trust Fund. 3018
If reinstated by the clerk of the court or tax collector, $37.50 3019
shall be retained and $22.50 shall be remitted to the Department 3020
of Revenue for deposit into the Highway Safety Operating Trust 3021
Fund. However, the service fee is not required if the person is 3022
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required to pay a $45 fee or $75 fee under s. 322.21(8). 3023
Section 87. Subsection (4) of section 1003.48, Florida 3024
Statutes, is amended to read: 3025
1003.48 Instruction in operation of motor vehicles. — 3026
(4) For the purpose of financing the driver education 3027
program in the secondary schools, there shall be levied an 3028
additional 50 cents per year to the driver license fee required 3029
by s. 322.21. The additional fee shall be promptly remitted to 3030
the Department of Highway Safety and Motor Vehicles, which shall 3031
transmit the fee to the Chief Financial Officer to be deposited 3032
in the General Revenue Fund. 3033
Section 88. Section 601.15, Florida Statutes, is amended 3034
to read: 3035
601.15 Advertising campaign; methods of conducting; 3036
assessments; emergency reserve fund; citrus research. — 3037
(1) The department shall administer this section, 3038
prescribe suitable and reasonable rules for the enforcement of 3039
this section, and administer the assessments levied and imposed 3040
under this section. All funds collected under this section and 3041
the interest accrued on such funds are consideration for a 3042
social contract between the state and the citrus growers of the 3043
state whereby the state must hold such funds in trust and 3044
inviolate and use them only for the purposes prescribed in this 3045
chapter. The department may cause its duly authorized agent or 3046
representative to enter upon the premises of any handler of 3047
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citrus fruits and to examine or cause to be examined any books, 3048
papers, records, or memoranda bearing on the amount of 3049
assessments payable and to secure oth er information directly or 3050
indirectly concerned in the enforcement of this section. Any 3051
person who is required to pay the assessments levied and imposed 3052
and who by any practice or evasion makes it difficult to enforce 3053
this section by inspection, or any per son who, after demand by 3054
the department or any agent or representative designated by it 3055
for that purpose, refuses to allow full inspection of the 3056
premises or any part thereof or any books, records, documents, 3057
or other instruments in any manner relating to the liability of 3058
the person or entity liable for the assessment imposed or 3059
hinders, delays, or prevents such inspection, commits a 3060
misdemeanor of the second degree, punishable as provided in s. 3061
775.082 or s. 775.083. 3062
(2) The department shall plan and con duct campaigns for 3063
commodity advertising, publicity, and sales promotion, and may 3064
conduct campaigns to encourage noncommodity advertising, to 3065
increase the consumption of citrus fruits and may contract for 3066
any such advertising, publicity, and sales promotio n service. To 3067
accomplish such purpose, the department shall: 3068
(a) Disseminate information relating to: 3069
1. Citrus fruits and the importance thereof in preserving 3070
the public health, the economy thereof in the diet of the 3071
people, and the importance thereof in the nutrition of children. 3072
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2. The manner, method, and means used and employed in the 3073
production and marketing of citrus fruits and information 3074
relating to laws of the state regulating and safeguarding such 3075
production and marketing. 3076
3. The added cost to the producer and dealer in producing 3077
and handling citrus fruits to meet the high standards imposed by 3078
the state that ensure a pure and wholesome product. 3079
4. The effect upon the public health that would result 3080
from a breakdown of the state's citrus i ndustry or any part 3081
thereof. 3082
5. The reasons that producers and dealers should receive a 3083
reasonable return on their labor and investment. 3084
6. The problem of furnishing the consumer at all times 3085
with an abundant supply of fine quality citrus fruits at 3086
reasonable prices. 3087
7. Factors of instability peculiar to the citrus fruit 3088
industry, such as unbalanced production, the effect of the 3089
weather, the influence of consumer purchasing power, and price 3090
relative to the cost of other items of food in the normal diet 3091
of people, all to the end that an intelligent and increasing 3092
consumer demand may be created. 3093
8. The possibilities with particular reference to 3094
increased consumption of citrus fruits. 3095
9. Such additional information that tends to promote 3096
increased consumption of citrus fruits and that fosters a better 3097
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understanding and more efficient cooperation among producers, 3098
dealers, and the consuming public. 3099
(b) Decide upon some distinctive and suggestive trade name 3100
and promote its use in all ways to advertise Florida citrus 3101
fruit. 3102
(3)(a) There is levied and imposed upon each standard -3103
packed box of citrus fruit grown and placed into the primary 3104
channel of trade in this state an assessment at maximum annual 3105
rates for each citrus season as provided in this para graph. The 3106
rates may be set at any lower rate in any year pursuant to 3107
paragraph (e). 3108
1. The maximum assessment for grapefruit that enters the 3109
primary channel of trade for use in fresh form may not exceed 36 3110
cents per box. 3111
2. The maximum assessment for grapefruit that enters the 3112
primary channel of trade for use in processed form may not 3113
exceed 36 cents per box. 3114
3. The maximum assessment for oranges that enter the 3115
primary channel of trade for use in fresh form may not exceed 7 3116
cents per box. 3117
4. The maximum assessment for oranges that enter the 3118
primary channel of trade for use in processed form may not 3119
exceed 25 cents per box. 3120
5. The actual assessment levied each year upon tangerines 3121
and citrus hybrids regulated by the department that enter the 3122
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primary channel of trade for use in processed form may not 3123
exceed 25 cents per box. 3124
6. The maximum assessment for tangerines and citrus 3125
hybrids regulated by the department that enter the primary 3126
channel of trade for use in fresh form may not exceed 16 cents 3127
per box. 3128
(b) Whenever citrus fruit is purchased, acquired, or 3129
handled on a weight basis, the following weights are deemed the 3130
equivalent of one standard -packed box for assessment purposes 3131
under this section: 3132
1. Grapefruit, 85 pounds. 3133
2. Oranges, 90 pounds. 3134
3. Tangerines, 95 pounds. 3135
4. Citrus hybrids, 90 pounds. 3136
(c) The assessments imposed by this section do not apply 3137
to citrus fruit used for noncommercial domestic consumption on 3138
the premises where produced. 3139
(d) For purposes of this subsection, a citrus season 3140
begins on August 1 of a year and ends on July 31 of the 3141
following year. 3142
(e) The commission, upon an affirmative vote of a majority 3143
of its members and by an order entered by it before November 1 3144
of any year, may set the assessments up to th e maximum rates 3145
specified in this subsection. The assessment shall apply only to 3146
the citrus season that began on August 1 of the same calendar 3147
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year. Such assessment may be applied by variety and on the basis 3148
of whether the fruit enters the primary channel of trade for use 3149
in fresh or processed form. If the commission cannot agree on a 3150
box assessment, the assessment for the previous year shall 3151
remain in effect until the commission approves a new assessment. 3152
(3)(4) Every handler shall keep a complete and ac curate 3153
record of all citrus fruit handled by her or him. Such record 3154
shall be in such form and contain such other information as the 3155
department shall by rule prescribe. Such records shall be 3156
preserved by such handlers for a period of 1 year and shall be 3157
offered for inspection at any time upon oral or written demand 3158
by the department or its duly authorized agents or 3159
representatives. 3160
(4)(5) Every handler shall, at such times and in such 3161
manner as the department may by rule require, file with the 3162
department a return certified as true and correct, on forms 3163
furnished by the department, stating, in addition to other 3164
information, the number of standard -packed boxes of each kind of 3165
citrus fruit handled by such handler in the primary channel of 3166
trade during the per iod of time covered by the return. Full 3167
payment of all assessments due for the period reported shall 3168
accompany each handler's return. 3169
(6)(a) All assessments levied and imposed pursuant to this 3170
section are due and payable and shall be paid, or the amount 3171
thereof guaranteed as provided in this subsection, at the time 3172
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the citrus fruit is first handled in the primary channels of 3173
trade. All such assessments shall be paid, or the payment 3174
thereof shall be guaranteed, to the department by the person 3175
first handling the fruit in the primary channel of trade, except 3176
that payment of assessments on fruit delivered or sold for 3177
processing in this state shall be paid, or payment thereof shall 3178
be guaranteed in accordance with department rules, by the person 3179
processing such fruit. 3180
(b) Periodic payment of assessments upon citrus fruit by 3181
the person liable for such payment is permitted only in 3182
accordance with department rules, and the payment thereof shall 3183
be guaranteed by the posting of a good and sufficient letter of 3184
credit from an issuing financial institution located in the 3185
United States, a cash bond, an appropriate certificate of 3186
deposit, or an approved surety bond in an amount and manner as 3187
prescribed by department rule. Evidence of such guarantee of 3188
payment of assessments must be made on the grade certificate in 3189
such manner and form as may be prescribed by department rule. 3190
(c) All assessments collected by the department shall be 3191
delivered to the State Treasury for payment into the proper 3192
advertising fund. 3193
(7) All assessments levied and collected under this 3194
chapter shall be paid into the State Treasury on or before the 3195
15th day of each month. Such moneys shall be accounted for in A 3196
special fund to be designated as the Florida Citrus Advertising 3197
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Trust Fund, and all mon eys in such fund are appropriated to the 3198
department for the following purposes: 3199
(a) Four percent of all income of a revenue nature 3200
deposited in this fund, including transfers from any subsidiary 3201
accounts thereof and any interest income, shall be deposite d in 3202
the General Revenue Fund pursuant to chapter 215. 3203
(5)(a)(b) Moneys in the Florida Citrus Advertising Trust 3204
Fund shall be expended for the activities authorized by s. 3205
601.13 and for the cost of those general overhead, research and 3206
development, maintenance, salaries, professional fees, 3207
enforcement costs, and other such expenses that are not related 3208
to advertising, merchandising, public relations, trade 3209
luncheons, publicity, and other associated activities. The cost 3210
of general overhead, maintenance, sal aries, professional fees, 3211
enforcement costs, and other such expenses that are related to 3212
advertising, merchandising, public relations, trade luncheons, 3213
publicity, and associated activities shall be paid from the 3214
balance of the Florida Citrus Advertising Tr ust Fund. 3215
(b)(c) Moneys in the Florida Citrus Advertising Trust Fund 3216
shall also be used by the department for defraying those 3217
expenses not included in paragraph (a)(b). After payment of such 3218
expenses, the money levied and collected under subsection (3) 3219
shall be used exclusively for commodity and noncommodity 3220
advertising, merchandising, publicity, or sales promotion of 3221
citrus products in both fresh form and processed form, including 3222
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citrus cattle feed and all other products of citrus fruits, 3223
produced in the state, in such equitable manner and proration as 3224
the department may determine, but funds expended for commodity 3225
advertising thereunder shall be expended through an established 3226
advertising agency. A proration of moneys between commodity 3227
programs and noncommodity programs and among types of citrus 3228
products shall be made on or before November 1 of each shipping 3229
season and may not thereafter be modified for that shipping 3230
season unless the department finds such action necessary to 3231
preserve the economic welfare of the citrus industry. 3232
(d) The pro rata portion of moneys allocated to each type 3233
of citrus product in noncommodity programs shall be used by the 3234
department to encourage substantial increases in the 3235
effectiveness, frequency, and volume of noncommodity 3236
advertising, merchandising, publicity, and sales promotion of 3237
such citrus products through rebates and incentive payments to 3238
handlers and trade customers for these activities. The 3239
department shall adopt rules providing for the use of such 3240
moneys. The rules shall establish alternate incentive programs, 3241
including at least one incentive program for product sold under 3242
advertised brands, one incentive program for product sold under 3243
private label brands, and one incentive program for product sold 3244
in bulk. For each incentive program, the ru les must establish 3245
eligibility and performance requirements and must provide 3246
appropriate limitations on amounts payable to a handler or trade 3247
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customer for a particular season. Such limitations may relate to 3248
the amount of citrus assessments levied and colle cted on the 3249
citrus product handled by such handler or trade customer during 3250
a 12-month representative period. 3251
(6)(8)(a) On certification by any employee of the 3252
department that her or his actual and necessary expenses on any 3253
particular day while traveling outside the state exceeded the 3254
per diem provided by law, such employee shall show such excess 3255
on her or his regular expense voucher and support the same by 3256
the proof required pursuant to rules adopted by the department. 3257
(b) The department is authorized to spend such amount as 3258
it deems advisable for guests involved in promotional activities 3259
in the sale of Florida citrus fruits and products. 3260
(c) All obligations, expenses, and costs incurred under 3261
this section shall be paid out of the Citrus Advertising F und 3262
upon warrant of the Chief Financial Officer when vouchers 3263
thereof, approved by the department, are exhibited. 3264
(7)(9)(a) Any handler who fails to file a return or to pay 3265
any assessment within the time required shall thereby forfeit to 3266
the department a penalty of 5 percent of the amount of 3267
assessment determined to be due, but the department, if 3268
satisfied that the delay was excusable, may remit all or any 3269
part of such penalty. Such penalty shall be paid to the 3270
department and disposed of as provided with respect to moneys 3271
derived from the assessments levied and imposed by subsection 3272
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(3). 3273
(b) The department may collect any assessments levied and 3274
assessed by this chapter in any o r all of the following methods: 3275
1. By the voluntary payment by the person liable therefor. 3276
2. By a suit at law. 3277
3. By a suit in equity to enjoin and restrain any handler, 3278
citrus fruit dealer, or other person owing such assessments from 3279
operating her or his business or engaging in business as a 3280
citrus fruit dealer until the delinquent assessments are paid. 3281
Such action may include an accounting to determine the amount of 3282
assessments plus delinquencies due. In any such proceeding, it 3283
is not necessary to allege or prove that an adequate remedy at 3284
law does not exist. 3285
(8)(10) The powers and duties of the department include 3286
the following: 3287
(a) To adopt and periodically alter, rescind, modify, and 3288
amend all proper and necessary rules and orders for the exer cise 3289
of its powers and the performance of its duties under this 3290
chapter. 3291
(b) To employ and at its pleasure discharge an advertising 3292
manager, agents, advertising agencies, and such clerical and 3293
other help as it deems necessary and to outline their powers and 3294
duties and fix their compensation. 3295
(c) To make in the name of the department such advertising 3296
contracts and other agreements as may be necessary. 3297
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(d) To keep books, records, and accounts of all of its 3298
activities, which books, records, and accounts shall be open to 3299
inspection, audit, and examination by the Auditor General and 3300
the Office of Program Policy Analysis and Government 3301
Accountability. 3302
(e) To purchase or authorize the purchase of all office 3303
equipment and supplies and to incur all other reas onable and 3304
necessary expenses and obligations in connection with and 3305
required for the proper administration of this chapter. 3306
(f) To conduct, and pay out of the Florida Citrus 3307
Advertising Trust Fund, premium and prize promotions designed to 3308
increase the use of citrus in any form. 3309
(g) To advertise citrus cattle feed and promote its use. 3310
(h) To conduct marketing activities in foreign countries 3311
and other programs designed to develop and protect domestic and 3312
international markets. 3313
Section 89. Paragraph (b) of subsection (1) of section 3314
601.041, Florida Statutes, is amended to read: 3315
601.041 The Friends of Florida Citrus Program; advisory 3316
council.— 3317
(1) The Friends of Florida Citrus Program is established 3318
within the department to provide support and ass istance for 3319
existing and future programs within the department. 3320
(b) The department may receive donations from private 3321
corporations to support the program. The department shall 3322
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deposit donations to the program into the Florida Citrus 3323
Advertising Trust Fun d, as established in s. 601.15(7), and such 3324
donations shall be exempt from s. 601.15(7)(a) . 3325
Section 90. Subsection (5) of section 601.13, Florida 3326
Statutes, is amended to read: 3327
601.13 Citrus research; administration by Department of 3328
Citrus; appropriation.— 3329
(5) There is appropriated and made available for defraying 3330
the expenses of the administration of this section from the 3331
moneys in the Florida Citrus Advertising Trust Fund derived from 3332
advertising assessments levied on citrus fruit such amounts as 3333
the department may deem necessary within the percentage 3334
limitations imposed by s. 601.15 . 3335
Section 91. Paragraph (a) of subsection (9) of section 3336
601.152, Florida Statutes, is amended to read: 3337
601.152 Special marketing orders. — 3338
(9)(a) All moneys coll ected by the department under this 3339
section shall be set aside in the Florida Citrus Advertising 3340
Trust Fund as a special fund to be known as the "Citrus Special 3341
Marketing Order Fund." All moneys in such fund , after deducting 3342
the service charge provided in s . 601.15(7), are appropriated to 3343
the department for the actual expenses incurred by the 3344
department for the formulation, issuance, administration, and 3345
enforcement of any marketing order so implemented and in the 3346
conduct of the special marketing campaign or market and product 3347
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research and development to be carried out pursuant to any such 3348
marketing order so implemented. Upon the completion of the 3349
special marketing campaign or market and product research and 3350
development provided for pursuant to any marketing o rder so 3351
implemented, any and all moneys remaining and not required by 3352
the department to defray the expenses of such marketing order 3353
shall be deposited to and made a part of the Florida Citrus 3354
Advertising Trust Fund created by s. 601.15 . 3355
Section 92. Subsection (11) of section 601.155, Florida 3356
Statutes, is amended to read: 3357
601.155 Equalizing assessment; credit; exemption. — 3358
(11) All assessments levied and collected under this 3359
section, including penalties, shall be paid into the State 3360
Treasury to be made a part of the Florida Citrus Advertising 3361
Trust Fund in the same manner , for the same purposes, and in the 3362
same proportions as set forth in s. 601.15(7) . Any person 3363
failing to file a return or pay any assessment within the time 3364
required shall thereby f orfeit to the department a penalty of 5 3365
percent of the amount of assessment then due, but the 3366
department, on good cause shown, may waive all or any part of 3367
such penalty. 3368
Section 93. Section 258.0145, Florida Statutes, is 3369
repealed. 3370
Section 94. Section 379.2213, Florida Statutes, is 3371
repealed. 3372
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Section 95. Section 379.3511, Florida Statutes, is 3373
repealed. 3374
Section 96. Section 379.3512, Florida Statutes, is 3375
repealed. 3376
Section 97. Section 379.353, Florida Statutes, is 3377
repealed. 3378
Section 98. Section 379.356, Florida Statutes, is 3379
repealed. 3380
Section 99. Section 379.357, Florida Statutes, is 3381
repealed. 3382
Section 100. Section 379.359, Florida Statutes, is 3383
repealed. 3384
Section 101. Section 938.04, Florida Statutes, is 3385
repealed. 3386
Section 102. Section 938.06, Florida Statutes, is 3387
repealed. 3388
Section 103. Section 938.15, Florida Statutes, is 3389
repealed. 3390
Section 104. Section 379.354, Florida Statutes, is amended 3391
to read: 3392
379.354 Recreational licenses, permits, and authorization 3393
numbers; fees established.— 3394
(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED. —3395
Except as provided in s. 379.353, no A person may not shall take 3396
game, freshwater or saltwater fish, or fur-bearing animals 3397
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within this state without having first obtained a license, 3398
permit, or authorization number and paid the fees set forth in 3399
this chapter. Such license, permit, or authorization number 3400
shall authorize the person to whom it is issued to take game , 3401
freshwater or saltwater fish, or fur-bearing animals, and 3402
participate in outdoor recreational activities in accordance 3403
with the laws of the state and rules of the commission. 3404
(2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION. — 3405
(a) Licenses, permits, and authorization numbers issued 3406
under this part are not transferable. Each license and permit 3407
must bear on its face in indelible ink the name of the person to 3408
whom it is issued and other information as deemed necessary by 3409
the commission. Licenses issued to the owner, operator, or 3410
custodian of a vessel that directly or indir ectly collects fees 3411
for taking or attempting to take or possess saltwater fish for 3412
noncommercial purposes must include the vessel registration 3413
number or federal documentation number. 3414
(b) The lifetime licenses and 5 -year licenses authorized 3415
in this section shall be embossed with the name, date of birth, 3416
date of issuance, and other pertinent information as deemed 3417
necessary by the commission. A certified copy of the applicant's 3418
birth certificate shall accompany each application for a 3419
lifetime license for a r esident 12 years of age or younger. 3420
(c) A positive form of identification is required when 3421
using a free license, a lifetime license, a 5 -year license, or 3422
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an authorization number issued under this chapter, or when 3423
otherwise required by a license or permit . 3424
(3) PERSONAL POSSESSION REQUIRED. —Each recreational 3425
license, state-issued identification card or driver license 3426
indicating possession of a recreational license, permit, or 3427
authorization number must be in the personal possession of the 3428
person to whom it is issued while the person is taking, 3429
attempting to take, or possessing game , freshwater or saltwater 3430
fish, or fur-bearing animals. Any person taking, attempting to 3431
take, or possessing game, freshwater or saltwater fish, or fur-3432
bearing animals who fails t o produce a recreational license, 3433
state-issued identification card or driver license indicating 3434
possession of a recreational license, permit, or authorization 3435
number at the request of a commission law enforcement officer 3436
commits a violation of the law. 3437
(4) RESIDENT HUNTING AND FISHING LICENSES. —The licenses 3438
and fees for residents participating in hunting and fishing 3439
activities in this state are as follows: 3440
(a) Annual freshwater fishing license, $15.50. 3441
(b) Annual saltwater fishing license, $15.50. 3442
(c) Annual hunting license to take game, $15.50. 3443
(d) Annual combination hunting and freshwater fishing 3444
license, $31. 3445
(e) Annual combination freshwater fishing and saltwater 3446
fishing license, $31. 3447
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(f) Annual combination hunting, freshwater fishing, an d 3448
saltwater fishing license, $46.50. 3449
(g) Annual license to take fur -bearing animals, $25. 3450
However, a resident with a valid hunting license or a no -cost 3451
license who is taking fur -bearing animals for noncommercial 3452
purposes using guns or dogs only, and not traps or other 3453
devices, is not required to purchase this license. Also, a 3454
resident 65 years of age or older is not required to purchase 3455
this license. 3456
(h) Annual sportsman's license, $79, except that an annual 3457
sportsman's license for a resident 64 years of age or older is 3458
$12. A sportsman's license authorizes the person to whom it is 3459
issued to take game and freshwater fish, subject to the state 3460
and federal laws, rules, and regulations, including rules of the 3461
commission, in effect at the time of the taking . Other 3462
authorized activities include activities authorized by a 3463
management area permit, a muzzle -loading gun season permit, a 3464
crossbow season permit, a turkey permit, a Florida waterfowl 3465
permit, a deer permit, and an archery season permit. 3466
(i) Annual gold sportsman's license, $98.50. The gold 3467
sportsman's license authorizes the person to whom it is issued 3468
to take freshwater fish, saltwater fish, and game, subject to 3469
the state and federal laws, rules, and regulations, including 3470
rules of the commission, in effect at the time of taking. Other 3471
authorized activities include activities authorized by a 3472
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management area permit, a muzzle -loading gun season permit, a 3473
crossbow season permit, a turkey permit, a Florida waterfowl 3474
permit, a deer permit, an archery season permit, a snook permit, 3475
and a spiny lobster permit. 3476
(j) Annual military gold sportsman's license, $18.50. A 3477
resident who is an active or retired member of the United States 3478
Armed Forces, the United States Armed Forces Reserve, the 3479
National Guard, the Un ited States Coast Guard, or the United 3480
States Coast Guard Reserve may purchase the military gold 3481
sportsman's license upon submission of a current military 3482
identification card. The annual military gold sportsman's 3483
license authorizes the same activities as t he annual gold 3484
sportsman's license. 3485
(k) An annual resident shoreline fishing license shall be 3486
issued without a fee to allow any resident to saltwater fish 3487
from land or from a structure fixed to the land. This license is 3488
not required for any resident issu ed any other license 3489
identified in this section which allows the taking of saltwater 3490
fish. 3491
(5) NONRESIDENT HUNTING AND FISHING LICENSES. —The licenses 3492
and fees for nonresidents participating in hunting and fishing 3493
activities in the state are as follows: 3494
(a) Freshwater fishing license to take freshwater fish for 3495
3 consecutive days, $15.50. 3496
(b) Freshwater fishing license to take freshwater fish for 3497
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7 consecutive days, $28.50. 3498
(c) Saltwater fishing license to take saltwater fish for 3 3499
consecutive days, $15.50. 3500
(d) Saltwater fishing license to take saltwater fish for 7 3501
consecutive days, $28.50. 3502
(e) Annual freshwater fishing license, $45.50. 3503
(f) Annual saltwater fishing license, $45.50. 3504
(g) Hunting license to take game for 10 consecutive days, 3505
$45. 3506
(h) Annual hunting license to take game, $150. 3507
(i) Annual license to take fur -bearing animals, $25. 3508
However, a nonresident with a valid Florida hunting license who 3509
is taking fur-bearing animals for noncommercial purposes using 3510
guns or dogs only, and n ot traps or other devices, is not 3511
required to purchase this license. 3512
(6) PIER LICENSE.—A pier license for any pier fixed to 3513
land for the purpose of taking or attempting to take saltwater 3514
fish is $500 per year. The pier license may be purchased at the 3515
option of the owner, operator, or custodian of such pier and 3516
must be available for inspection at all times. 3517
(7) VESSEL LICENSES. — 3518
(a) Except as provided in paragraph (f), a person may not 3519
operate any vessel wherein a fee is paid, either directly or 3520
indirectly, for the purpose of taking, attempting to take, or 3521
possessing any saltwater fish for noncommercial purposes unless 3522
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she or he has obtained a license for each vessel for that 3523
purpose, and has paid the license fee pursuant to paragraphs (b) 3524
and (c) for such vessel. 3525
(b) A license for any person who operates any vessel 3526
licensed to carry more than 10 customers, wherein a fee is paid, 3527
either directly or indirectly, for the purpose of taking or 3528
attempting to take saltwater fish, is $800 per year. The license 3529
must be kept aboard the vessel at all times. 3530
(c)1. A license for any person who operates any vessel 3531
licensed to carry no more than 10 customers, or for any person 3532
licensed to operate any vessel carrying 6 or fewer customers, 3533
wherein a fee is paid, eithe r directly or indirectly, for the 3534
purpose of taking or attempting to take saltwater fish, is $400 3535
per year. 3536
2. A license for any person licensed to operate any vessel 3537
carrying 6 or fewer customers but who operates a vessel carrying 3538
4 or fewer customers, wherein a fee is paid, either directly or 3539
indirectly, for the purpose of taking or attempting to take 3540
saltwater fish, is $200 per year. The license must be kept 3541
aboard the vessel at all times. 3542
3. A person who operates a vessel required to be licensed 3543
pursuant to paragraph (b) or this paragraph may obtain a license 3544
in her or his own name, and such license shall be transferable 3545
and apply to any vessel operated by the purchaser, provided that 3546
the purchaser has paid the appropriate license fee. 3547
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(d) A license for a recreational vessel not for hire and 3548
for which no fee is paid, either directly or indirectly, by 3549
guests for the purpose of taking or attempting to take saltwater 3550
fish noncommercially is $2,000 per year. The license may be 3551
purchased at the option of the vessel owner and must be kept 3552
aboard the vessel at all times. A log of species taken and the 3553
date the species were taken shall be maintained and a copy of 3554
the log filed with the commission at the time of renewal of the 3555
license. 3556
(e) The owner, operat or, or custodian of a vessel the 3557
operator of which has been licensed pursuant to paragraph (a) 3558
must maintain and report such statistical data as required by, 3559
and in a manner set forth in, the rules of the commission. 3560
(f) If the operator of a vessel that carries scuba divers 3561
for a fee, either directly or indirectly, maintains the 3562
appropriate vessel license under this subsection based upon the 3563
number of persons the vessel is licensed to carry and the 3564
applicable permits, the individual scuba divers engaging in 3565
taking or attempting to take saltwater products are not required 3566
to obtain individual fishing licenses or any applicable permits. 3567
However, if the operator of such a vessel does not have the 3568
appropriate license and applicable permits, the individual scub a 3569
divers engaging in taking or attempting to take saltwater 3570
products must have individual fishing licenses and any 3571
applicable permits. 3572
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(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY 3573
PERMITS.—In order to ensure that the cultural heritage of 3574
hunting and sport fishing as recognized in s. 379.104 is passed 3575
on to future Floridians, the commission shall use up to 10 3576
percent of the proceeds from the hunting and sport fishing 3577
permits issued pursuant to this subsection to promote hunting 3578
and sport fishing activities with an emphasis on youth 3579
participation. In addition to any license required under this 3580
chapter, the following permits and fees for specified hunting, 3581
fishing, and other recreational uses and activities are 3582
required: 3583
(a) An annual Florida w aterfowl permit for a resident or 3584
nonresident to take wild ducks or geese within the state or its 3585
coastal waters is $5. Revenue generated from the sale of 3586
waterfowl permits or that pro rata portion of any license that 3587
includes waterfowl hunting privileges provided for in this 3588
paragraph shall be used for conservation, research, and 3589
management of waterfowl; for the development, restoration, 3590
maintenance, and preservation of wetlands within the state; or 3591
to promote the cultural heritage of hunting. 3592
(b)1. An annual Florida turkey permit for a resident to 3593
take wild turkeys within the state is $10. Revenue generated 3594
from the sale of resident wild turkey permits or that pro rata 3595
portion of any license that includes turkey hunting privileges 3596
provided for in this su bparagraph shall be used for the 3597
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conservation, research, and management of wild turkeys or to 3598
promote the cultural heritage of hunting. 3599
2. An annual Florida turkey permit for a nonresident to 3600
take wild turkeys within the state is $125. Revenue generated 3601
from the sale of nonresident wild turkey permits or that pro 3602
rata portion of any license that includes turkey hunting 3603
privileges provided for in this subparagraph shall be used for 3604
the conservation, research, and management of wild turkeys or to 3605
promote the cultural heritage of hunting. 3606
(c) An annual snook permit for a resident or nonresident 3607
to take or possess any snook from any waters of the state is 3608
$10. Revenue generated from the sale of snook permits shall be 3609
used exclusively for programs to benefit the snook population. 3610
(d) An annual spiny lobster permit for a resident or 3611
nonresident to take or possess any spiny lobster for 3612
recreational purposes from any waters of the state is $5. 3613
Revenue generated from the sale of spiny lobster permits shall 3614
be used exclusively for programs to benefit the spiny lobster 3615
population. 3616
(e) A $5 fee is imposed for each of the following permits: 3617
1. An annual archery season permit for a resident or 3618
nonresident to hunt within the state during any archery season 3619
authorized by the commission. 3620
2. An annual crossbow season permit for a resident or 3621
nonresident to hunt within the state during any crossbow season 3622
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authorized by the commission. 3623
3. An annual muzzle -loading gun season permit for a 3624
resident or nonresident to h unt within the state during any 3625
muzzle-loading gun season authorized by the commission. 3626
(f) A special use permit for a resident or nonresident to 3627
participate in limited entry hunting or fishing activities as 3628
authorized by commission rule shall not exceed $150 per day or 3629
$300 per week. Notwithstanding any other provision of this 3630
chapter, there are no exclusions, exceptions, or exemptions from 3631
this permit fee. In addition to the permit fee, the commission 3632
may charge each special use permit applicant a nonre fundable 3633
application fee not to exceed $10. 3634
(g)1. A management area permit for a resident or 3635
nonresident to hunt on, fish on, or otherwise use for outdoor 3636
recreational purposes land owned, leased, or managed by the 3637
commission, or by the state for the use and benefit of the 3638
commission, shall not exceed $30 per year. 3639
2. Permit fees for short -term use of land that is owned, 3640
leased, or managed by the commission may be established by rule 3641
of the commission for activities on such lands. Such permits may 3642
be in lieu of, or in addition to, the annual management area 3643
permit authorized in subparagraphs 1. and 4. 3644
3. Other than for hunting or fishing, the provisions of 3645
this paragraph shall not apply on any lands not owned by the 3646
commission, unless the commission ha s obtained the written 3647
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consent of the owner or primary custodian of such lands. 3648
4. A management area permit for a resident or nonresident 3649
to hike, camp, or otherwise engage in other outdoor recreational 3650
activities, except hunting or fishing, on managemen t area lands 3651
shall not exceed $5 per day or $30 per year. 3652
(h)1. A recreational user permit is required to hunt on, 3653
fish on, or otherwise use for outdoor recreational purposes land 3654
leased by the commission from private nongovernmental owners. 3655
The fee for a recreational user permit shall be based upon the 3656
economic compensation desired by the landowner, game population 3657
levels, desired hunter density, and administrative costs. The 3658
permit fee shall be set by commission rule on a per -acre basis. 3659
The recreational user permit fee, less administrative costs of 3660
up to $30 per permit, shall be remitted to the landowner as 3661
provided in the lease agreement for each area. 3662
2. One minor dependent under 16 years of age may hunt 3663
under the supervision of the permittee and is exempt from the 3664
recreational user permit requirements. The spouse and dependent 3665
children of a permittee are exempt from the recreational user 3666
permit requirements when engaged in outdoor recreational 3667
activities other than hunting and when accompanied by a 3668
permittee. Notwithstanding any other provision of this chapter, 3669
no other exclusions, exceptions, or exemptions from the 3670
recreational user permit fee are authorized. 3671
(i) An annual deer permit for a resident or nonresident to 3672
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take deer within the state dur ing any season authorized by the 3673
commission is $5. Revenue generated from the sale of deer 3674
permits shall be used for the conservation, research, and 3675
management of white-tailed deer or to promote the cultural 3676
heritage of hunting. 3677
3678
The commission shall prepare an annual report documenting the 3679
use of funds generated pursuant to paragraphs (a) and (b) and 3680
shall submit the report to the Governor, the Speaker of the 3681
House of Representatives, and the President of the Senate no 3682
later than September 1 of each y ear. 3683
(4)(9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.— 3684
(a) Five-year licenses are available for residents only , 3685
as follows: 3686
1. A 5-year freshwater fishing or saltwater fishing 3687
license is $77.50 for each type of license and authorizes the 3688
person to whom the license is issued to take or attempt to take 3689
or possess freshwater fish or saltwater fish consistent with the 3690
state and federal laws and regulations and rules of the 3691
commission in effect at the time of taking. 3692
2. A 5-year hunting license is $7 7.50 and authorizes the 3693
person to whom it is issued to take or attempt to take or 3694
possess game consistent with the state and federal laws and 3695
regulations and rules of the commission in effect at the time of 3696
taking. 3697
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3. The commission is authorized to sell the hunting, 3698
fishing, and recreational activity permits authorized in 3699
subsection (8) for a 5 -year period to match the purchase of 5 -3700
year fishing and hunting licenses. The fee for each permit 3701
issued under this paragraph shall be five times the annual cost 3702
established in subsection (8). 3703
(b) Proceeds from the sale of all 5 -year licenses and 3704
permits shall be deposited into the Dedicated License Trust 3705
Fund, to be distributed in accordance with the provisions of s. 3706
379.203. 3707
(10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING 3708
LICENSES.— 3709
(a) Lifetime freshwater fishing licenses or saltwater 3710
fishing licenses are available for residents only, as follows, 3711
for: 3712
1. Persons 4 years of age or younger, for a fee of $125. 3713
2. Persons 5 years of age or older, but under 13 years of 3714
age, for a fee of $225. 3715
3. Persons 13 years of age or older, for a fee of $300. 3716
(b) The following activities are authorized by the 3717
purchase of a lifetime freshwater fishing license: 3718
1. Taking, or attempting to take or possess, fres hwater 3719
fish consistent with the state and federal laws and regulations 3720
and rules of the commission in effect at the time of the taking. 3721
2. All activities authorized by a management area permit, 3722
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excluding hunting. 3723
(c) The following activities are authorized by the 3724
purchase of a lifetime saltwater fishing license: 3725
1. Taking, or attempting to take or possess, saltwater 3726
fish consistent with the state and federal laws and regulations 3727
and rules of the commission in effect at the time of the taking. 3728
2. All activities authorized by a snook permit and a spiny 3729
lobster permit. 3730
3. All activities for which an additional license, permit, 3731
or fee is required to take or attempt to take or possess 3732
saltwater fish, which additional license, permit, or fee was 3733
imposed subsequent to the date of the purchase of the lifetime 3734
saltwater fishing license. 3735
(5)(11) RESIDENT LIFETIME HUNTING LICENSES. — 3736
(a) Lifetime hunting licenses are available to residents 3737
only and authorizes the person to whom it is issued , as 3738
follows, for: 3739
1. Persons 4 years of age or younger, for a fee of $200. 3740
2. Persons 5 years of age or older, but under 13 years of 3741
age, for a fee of $350. 3742
3. Persons 13 years of age or older, for a fee of $500. 3743
(b) The following activities are authorized by the 3744
purchase of a lifetime hunting license: 3745
1. Taking, or attempting to take or attempt to take or 3746
possess, game consistent with the state and federal laws and 3747
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regulations and rules of the commission in effect at the time of 3748
the taking. 3749
2. All activities authorized by a muzzle -loading gun 3750
season permit, a crossbow season permit, a turkey permit, an 3751
archery season permit, a Florida waterfowl permit, a deer 3752
permit, and a management area permit, excluding fishing. 3753
(12) RESIDENT LIFETIME SPORTSMAN'S LI CENSES.— 3754
(a) Lifetime sportsman's licenses are available to 3755
residents only, as follows, for: 3756
1. Persons 4 years of age or younger, for a fee of $400. 3757
2. Persons 5 years of age or older, but under 13 years of 3758
age, for a fee of $700. 3759
3. Persons 13 years of age or older, for a fee of $1,000. 3760
(b) The following activities are authorized by the 3761
purchase of a lifetime sportsman's license: 3762
1. Taking, or attempting to take or possess, freshwater 3763
and saltwater fish, and game, consistent with the state and 3764
federal laws and regulations and rules of the commission in 3765
effect at the time of taking. 3766
2. All activities authorized by a management area permit, 3767
a muzzle-loading gun season permit, a crossbow season permit, a 3768
turkey permit, an archery season permit, a Florida waterfowl 3769
permit, a deer permit, a snook permit, and a spiny lobster 3770
permit. 3771
(13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES. —The 3772
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proceeds from the sale of all lifetime licenses authorized in 3773
this section shall be deposited into the Lifetime F ish and 3774
Wildlife Trust Fund, to be distributed as provided in s. 3775
379.207. 3776
(14) RECIPROCAL FEE AGREEMENTS. —The commission is 3777
authorized to reduce the fees for licenses and permits under 3778
this section for residents of those states with which the 3779
commission has entered into reciprocal agreements with respect 3780
to such fees. 3781
(15) FREE FISHING DAYS. —The commission may designate by 3782
rule no more than 6 consecutive or nonconsecutive days in each 3783
year as free freshwater fishing days and no more than 6 3784
consecutive or nonconsecutive days in each year as free 3785
saltwater fishing days. Notwithstanding any other provision of 3786
this chapter, a person may take freshwater fish for 3787
noncommercial purposes on a free freshwater fishing day and may 3788
take saltwater fish for noncommerc ial purposes on a free 3789
saltwater fishing day, without obtaining or possessing a license 3790
or permit or paying a license or permit fee as set forth in this 3791
section. A person who takes freshwater or saltwater fish on a 3792
free fishing day must comply with all law s, rules, and 3793
regulations governing the holders of a fishing license or permit 3794
and all other conditions and limitations regulating the taking 3795
of freshwater or saltwater fish as are imposed by law or rule. 3796
(6)(16) PROHIBITED LICENSES OR PERMITS. —A person may not 3797
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make, forge, counterfeit, or reproduce a license or permit 3798
required under this section, except for those persons authorized 3799
by the commission to make or reproduce such a license or permit. 3800
A person may not knowingly possess a forgery, counterfeit, or 3801
unauthorized reproduction of such a license or permit. A person 3802
who violates this subsection commits a Level Four violation 3803
under s. 379.401. 3804
(7)(17) SUSPENDED OR REVOKED LICENSES. —A person may not 3805
take game, freshwater fish, saltwater fish, or fur-bearing 3806
animals within this state if a license issued to such person as 3807
required under this section or a privilege granted to such 3808
person under s. 379.353 is suspended or revoked . A person who 3809
violates this subsection commits a Level Three violatio n under 3810
s. 379.401. 3811
(8)(18) VIOLATION OF SECTION. —Unless otherwise provided by 3812
law, a person who violates this section commits a Level One 3813
violation under s. 379.401. 3814
Section 105. Section 379.352, Florida Statutes, is amended 3815
to read: 3816
379.352 Recreational licenses, permits, and authorization 3817
numbers to take wild animal life , freshwater aquatic life, and 3818
marine life; issuance; costs; reporting.— 3819
(1) This section applies to all recreational licenses and 3820
permits and to any authorization numbers issue d by the 3821
commission for the use of such recreational licenses or permits. 3822
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(2) The commission shall establish forms for the issuance 3823
of recreational licenses and permits. 3824
(3) The commission shall issue a license, permit, or 3825
authorization number to take wild animal life, freshwater 3826
aquatic life, or marine life when an applicant provides proof 3827
that she or he is entitled to such license, permit, or 3828
authorization number. Each applicant for a recreational license, 3829
permit, or authorization number shall provide her or his social 3830
security number on the application form. Disclosure of social 3831
security numbers obtained through this requirement shall be 3832
limited to the purposes of administration of the Title IV -D 3833
program for child support enforcement, use by the commi ssion, 3834
and as otherwise provided by law. 3835
(4) Licenses and permits to take wild animal life, 3836
freshwater aquatic life, or marine life may be sold by the 3837
commission or, by any tax collector in the state , or by any 3838
subagent authorized under s. 379.3511 . 3839
(5) In addition to any license or permit fee, the sum of 3840
$1.50 shall be charged for each license or management area 3841
permit, except for replacement licenses, to cover the cost of 3842
issuing such license or permit. This charge does not apply to 3843
the shoreline fishing license; however, for each shoreline 3844
fishing license issued, the tax collector may retain 50 cents 3845
from other license proceeds otherwise due the commission. 3846
(6)(a) The fee established pursuant to subsection (5) 3847
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shall be distributed as follows: 3848
1. For each hunting license and freshwater fishing license 3849
sold by a tax collector, including the combination freshwater 3850
fishing and hunting license, the sportsman's license, and the 3851
gold sportsman's license, a tax collector may retain $1.00. 3852
2. For each management area permit sold by a tax 3853
collector, a tax collector may retain $1.00. 3854
3. For each saltwater fishing tag and saltwater fishing 3855
license sold by a tax collector, including the combination 3856
saltwater fishing and freshwater fishing license and the 3857
combination saltwater fishing, freshwater fishing, and hunting 3858
license, a tax collector may retain $1.50. 3859
4. For licenses and management area permits sold by 3860
subagents, a tax collector may retain 50 cents for each license 3861
sold in the tax collector's county. 3862
5. Any and all remaining fees shall be deposited in the 3863
State Game Trust Fund and shall be used to support an automated 3864
license system and administration of the license program. 3865
(b) Tax collectors shall remit license and permit revenue 3866
to the commission weekly. 3867
(7)(a) The sum of $10 shall be charged for each 3868
replacement lifetime license and $2 for all other replacement 3869
licenses and permits. A tax collector may retain $1.00 for each 3870
replacement license. 3871
(b) Fees collected from the issuance of replac ement 3872
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licenses shall be deposited in the State Game Trust Fund. 3873
(5)(8) At each location where hunting , fishing, or 3874
trapping licenses or permits are sold, voter registration 3875
applications shall be displayed and made available to the 3876
public. Subagents shall ask each person who applies for a 3877
hunting, fishing, or trapping license or permit if he or she 3878
would like a voter registration application and may provide such 3879
application to the license or permit applicant but shall not 3880
assist such persons with voter reg istration applications or 3881
collect complete or incomplete voter registration applications. 3882
(6)(9) Except as provided in subsections (8) and (12), 3883
each person who applies for a hunting , fishing, or trapping 3884
license or permit shall be asked if he or she wou ld like the 3885
appropriate supervisor of elections to provide a voter 3886
registration application to the applicant at a later date. If at 3887
the time a license is purchased the applicant indicates that he 3888
or she would like to receive a voter registration applicatio n, 3889
the commission shall, within 7 days, make the request available 3890
to the appropriate supervisor of elections or voter registration 3891
agency so that an application may be sent to the applicant. 3892
Supervisors of elections shall mail an application to each 3893
person requesting such application within 5 business days after 3894
receipt of the request. 3895
(7)(10) The commission may satisfy the requirements of 3896
subsection (6) (9) by providing access to an Internet site with 3897
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the voter registration information included thereon. 3898
(8)(11) When acting in its official capacity pursuant to 3899
this section, neither the commission nor a subagent is not 3900
deemed a third-party registration organization, as defined in s. 3901
97.021, or a voter registration agency, as defined in s. 97.021, 3902
and is not authorized to solicit, accept, or collect voter 3903
registration applications or provide voter registration 3904
services. 3905
(9)(12) Each person who applies for a hunting , fishing, or 3906
trapping license or permit on the Internet shall be provided a 3907
link to the Department of State's online uniform statewide voter 3908
registration application. 3909
(13) The commission, any tax collector in this state, or 3910
any subagent authorized to sell licenses and permits under s. 3911
379.3511 may request and collect donations when selling a 3912
recreational license or permit authorized under s. 379.354. All 3913
donations collected under this subsection shall be deposited 3914
into the State Game Trust Fund to be used solely for the purpose 3915
of enhancing youth hunting and youth freshwater and saltwater 3916
fishing programs. By January 1, the commission shall provide a 3917
complete and detailed annual report on the status of its youth 3918
programs and activities performed under this subsection to the 3919
Governor, the President of the Senate, and the Speaker of the 3920
House of Representatives. 3921
(10)(14) The commission is authorized to adopt rules 3922
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pursuant to ss. 120.536(1) and 120.54 to implement the 3923
provisions of this section. 3924
Section 106. Paragraph (b) of subsection (4) and paragraph 3925
(b) of subsection (5) of section 16.55 5, Florida Statutes, are 3926
amended to read: 3927
16.555 Crime Stoppers Trust Fund; rulemaking. — 3928
(4) 3929
(b) The proceeds of the court cost imposed by s. 938.06 3930
shall be deposited in a separate account in the trust fund, and 3931
within that account the funds shall be designated according to 3932
the judicial circuit in which they were collected. The funds in 3933
this account shall be used as provided in paragraph (5)(b). 3934
(5) 3935
(b) Funds deposited in the trust fund pursuant to 3936
paragraph (4)(b) shall be disbursed as provided in this 3937
paragraph. A county may apply to the department under s. 938.06 3938
for a grant from the funds collected in the judicial circuit in 3939
which the county is located. A grant may be awarded only to 3940
counties that are served by an official member of the Florida 3941
Association of Crime Stoppers and may be used only to support 3942
Crime Stoppers and its crime fighting programs. Only one such 3943
official member is eligible for support within any county. To 3944
aid the department in determining eligibility, the secretary of 3945
the Florida Association of Crime Stoppers shall furnish the 3946
department with a schedule of authorized crime stoppers programs 3947
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and shall update the schedule as necessary. The department shall 3948
award grants to eligible counties from available funds and shall 3949
distribute funds as equitably as possible, based on amounts 3950
collected within each county, if more than one county is 3951
eligible within a judicial circuit. 3952
Section 107. Paragraph (b) of subsection (8) of section 3953
212.06, Florida Statutes, is amended to read: 3954
212.06 Sales, storage, use tax; collectible from dealers; 3955
"dealer" defined; dealers to collect from purchasers; 3956
legislative intent as to scope of tax. — 3957
(8) 3958
(b) The presumption that tangible personal property used 3959
in another state, territory of the United States, or the 3960
District of Columbia for 6 months or longer before being 3961
imported into this state was not purchased for use in this state 3962
does not apply to any boat for which a saltwater fishing license 3963
fee is required to be paid pursuant to s. 379.354(7) , either 3964
directly or indirectly, for the purpose of taking, attempting to 3965
take, or possessing any saltwater fish for noncommercial 3966
purposes. Use tax shall app ly and be due on such a boat as 3967
provided in this paragraph, and proof of payment of such tax 3968
must be presented prior to the first such licensure of the boat, 3969
registration of the boat pursuant to chapter 328, and titling of 3970
the boat pursuant to chapter 328. A boat that is first licensed 3971
within 1 year after purchase shall be subject to use tax on the 3972
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full amount of the purchase price; a boat that is first licensed 3973
in the second year after purchase shall be subject to use tax on 3974
90 percent of the purchase pric e; a boat that is first licensed 3975
in the third year after purchase shall be subject to use tax on 3976
80 percent of the purchase price; a boat that is first licensed 3977
in the fourth year after purchase shall be subject to use tax on 3978
70 percent of the purchase pri ce; a boat that is first licensed 3979
in the fifth year after purchase shall be subject to use tax on 3980
60 percent of the purchase price; and a boat that is first 3981
licensed in the sixth year after purchase, or later, shall be 3982
subject to use tax on 50 percent of t he purchase price. If the 3983
purchaser fails to provide the purchase invoice on such boat, 3984
the fair market value of the boat at the time of importation 3985
into this state shall be used to compute the tax. 3986
Section 108. Subsection (1) of section 258.014, Flori da 3987
Statutes, is amended to read: 3988
258.014 Use of state parks; fees for use; campsite 3989
reservations.— 3990
(1) STATE PARK TRUST FUND FEES FOR USE.— 3991
(a) The Division of Recreation and Parks shall have the 3992
power to charge reasonable fees, rentals, or charges f or the use 3993
or operation of facilities and concessions in state parks. All 3994
such fees, rentals, and charges so collected must be deposited 3995
in the State Treasury to the credit of " State Park Trust Fund ," 3996
which is hereby created., The continuing balance of the which 3997
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fund is hereby appropriated to be expended by the Division of 3998
Recreation and Parks for the administration, improvement, and 3999
maintenance of state parks and for the acquisition and 4000
development of lands hereafter acquired for state park purposes. 4001
The appropriation of the fund shall be continuing and may not 4002
revert to the General Revenue Fund at the end of any fiscal year 4003
or at any other time but shall, until expended, be continually 4004
available to the division for the uses and purposes set forth. 4005
(b) Any moneys received in trust by the division by gift, 4006
devise, appropriation, or otherwise shall, subject to the terms 4007
of such trust, be deposited with the Chief Financial Officer in 4008
a fund to be known as the "State Park Trust Fund, " and shall be 4009
subject to withdrawal upon application of the division for 4010
expenditure or investment in accordance with the terms of the 4011
trust. Unless prohibited by the terms of the trust by which the 4012
moneys are derived, all such moneys may be invested as provided 4013
by law. 4014
Section 109. Section 258.0142, Florida Statutes, is 4015
amended to read: 4016
258.0142 Foster and adoptive family state park events fee 4017
discounts.— 4018
(1) To promote awareness of the contributions made by 4019
foster families and adoptive families to the vitality of the 4020
state, the Division of Recreation and Parks shall provide the 4021
following discounts on state park fees to persons who present 4022
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written documentation satisfactory to the division which 4023
evidences their eligibility for the discounts: 4024
(a) Families operating a licens ed family foster home under 4025
s. 409.175 shall receive family annual entrance passes at no 4026
charge and a 50 percent discount on base campsite fees at state 4027
parks. 4028
(b) Families who adopt a difficult -to-place child as 4029
described in s. 409.166(2)(d)2. from the Department of Children 4030
and Families shall receive a one -time family annual entrance 4031
pass at no charge at the time of the adoption. 4032
(2) The division, in consultation with the Department of 4033
Children and Families, shall identify the types of documentation 4034
sufficient to establish eligibility for the discounts under this 4035
section and establish a procedure for obtaining the discounts. 4036
(3) The division shall continue its partnership with the 4037
Department of Children and Families to promote fostering and 4038
adoption of difficult-to-place children with events held each 4039
year during National Foster Care Month and National Adoption 4040
Month. 4041
Section 110. Paragraphs (c) and (d) of subsection (11) of 4042
section 318.18, Florida Statutes, are amended to read: 4043
318.18 Amount of penalties.—The penalties required for a 4044
noncriminal disposition pursuant to s. 318.14 or a criminal 4045
offense listed in s. 318.17 are as follows: 4046
(11) 4047
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(c) In addition to the court cost required under paragraph 4048
(a), a $2.50 court cost must be paid for eac h infraction to be 4049
distributed by the clerk to the county to help pay for criminal 4050
justice education and training programs pursuant to s. 938.15 . 4051
Funds from the distribution to the county not directed by the 4052
county to fund these centers or programs shall b e retained by 4053
the clerk and used for funding the court -related services of the 4054
clerk. 4055
(d) In addition to the court cost required under paragraph 4056
(a), a $3 court cost must be paid for each infraction to be 4057
distributed as provided in s. 938.01 and a $2 court cost as 4058
provided in s. 938.15 when assessed by a municipality or county . 4059
Section 111. Subsection (10) of section 318.21, Florida 4060
Statutes, is amended to read: 4061
318.21 Disposition of civil penalties by county courts. —4062
All civil penalties received by a county court pursuant to the 4063
provisions of this chapter shall be distributed and paid monthly 4064
as follows: 4065
(10) The additional costs and surcharges on criminal 4066
traffic offenses provided for under s. 938.03 ss. 938.03 and 4067
938.04 must be collected and dis tributed by the clerk of the 4068
court as provided in those sections. The additional costs and 4069
surcharges must also be collected for the violation of any 4070
ordinances adopting the criminal traffic offenses enumerated in 4071
s. 318.17. 4072
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Section 112. Paragraph (b) of subsection (11) of section 4073
327.73, Florida Statutes, is amended to read: 4074
327.73 Noncriminal infractions. — 4075
(11) 4076
(b) In addition to the court cost assessed under paragraph 4077
(a), the court shall impose a $3 court cost for each noncriminal 4078
infraction, to be distributed as provided in s. 938.01 , and a $2 4079
court cost as provided in s. 938.15 when assessed by a 4080
municipality or county . 4081
4082
Court costs imposed under this subsection may not exceed $45. A 4083
criminal justice selection center or both local criminal jus tice 4084
access and assessment centers may be funded from these court 4085
costs. 4086
Section 113. Section 379.203, Florida Statutes, is amended 4087
to read: 4088
379.203 Dedicated License Trust Fund. — 4089
(1) There is established within the Fish and Wildlife 4090
Conservation Commission the Dedicated License Trust Fund. The 4091
fund shall be credited with moneys collected pursuant to s. 4092
379.354 for 5-year licenses and permits and replacement 5 -year 4093
licenses. 4094
(2)(a) One-fifth of the total proceeds from the sale of 5-4095
year hunting and freshwater fishing licenses, permits, and 4096
replacement licenses, and all interest derived therefrom, shall 4097
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be appropriated annually to the State Game Trust Fund. 4098
(b) One-fifth of the total proceeds from the sale of 5-4099
year saltwater fishing licenses, permits, and replacement 4100
licenses, and all interest derived therefrom, shall be 4101
appropriated annually to the Marine Resources Conservation Trust 4102
Fund. 4103
(3) The fund shall be exempt from the provisions of s. 4104
215.20. 4105
Section 114. Subsection (2) of section 379.207, Florida 4106
Statutes, is amended to read: 4107
379.207 Lifetime Fish and Wildlife Trust Fund. — 4108
(2) The principal of the fund shall be derived from the 4109
following: 4110
(a) proceeds of any gifts, grants, and contributions to 4111
the state which are specifically designated for inclusion in the 4112
fund. 4113
(b) Proceeds from the sale of lifetime licenses issued in 4114
accordance with s. 379.354. 4115
Section 115. Paragraph (c) of subsection (2) of section 4116
379.208, Florida Statutes, is amended to read: 4117
379.208 Marine Resources Conservation Trust Fund; 4118
purposes.— 4119
(2) The Marine Resources Conservation Trust Fund shall 4120
receive the proceeds from: 4121
(c) All fees collected under ss. 379.2424, 379.357, 4122
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379.365, 379.366, and 379.3671. 4123
Section 116. Section 379.2201, Florida Statutes, is 4124
amended to read: 4125
379.2201 Deposit of license fees; allocation of federal 4126
funds.— 4127
(1) Funds in Except as provided in ss. 379.203 and 4128
379.207, all saltwater license and permit fees collected 4129
pursuant to s. 379.354 shall be deposited into the Marine 4130
Resources Conservation Trust Fund shall, to be used as follows: 4131
(a) Not more than 7.5 percent of the total fees collected 4132
shall be used for administration of the licensing pr ogram and 4133
for information and education. 4134
(b) Not less than 30 percent of the total funds fees 4135
collected shall be used for law enforcement. 4136
(c) Not less than 32.5 percent of the total funds fees 4137
collected shall be used for marine research and management . 4138
(d) Not less than 30 percent of the total funds shall be 4139
used fees collected, for fishery enhancement, including, but not 4140
limited to, fishery statistics development, artificial reefs, 4141
and fish hatcheries. 4142
(2) The proceeds from recreational saltwater fishing 4143
license fees paid by fishers shall only be appropriated to the 4144
commission. 4145
(2)(3) Funds available from the Wallop -Breaux Aquatic 4146
Resources Trust Fund shall be distributed by the commission 4147
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between freshwater fisheries management and research and marine 4148
fisheries management and research in proportion to the numbers 4149
of resident fresh and saltwater anglers as determined by the 4150
most current data on license sales. Unless otherwise provided by 4151
federal law, the commission, at a minimum, shall provide the 4152
following: 4153
(a) Not less than 5 percent or more than 10 percent of the 4154
funds allocated to the commission shall be expended for an 4155
aquatic resources education program; and 4156
(b) Not less than 10 percent of the funds allocated to the 4157
commission shall be ex pended for acquisition, development, 4158
renovation, or improvement of boating facilities. 4159
Section 117. Section 379.3501, Florida Statutes, is 4160
amended to read: 4161
379.3501 Expiration of licenses and permits. —Each license 4162
or permit issued under this part mus t be dated when issued. Each 4163
license or permit issued under this part remains valid for 12 4164
months after the date of issuance, except for a lifetime license 4165
issued pursuant to s. 379.354 which is valid from the date of 4166
issuance until the death of the indivi dual to whom the license 4167
is issued unless otherwise revoked in accordance with s. 379.401 4168
or s. 379.404, or a 5 -year license issued pursuant to s. 379.354 4169
which is valid for 5 consecutive years from the date of purchase 4170
unless otherwise revoked in accordan ce with s. 379.401 or s. 4171
379.404, or a license issued pursuant to s. 379.354(5)(a), (b), 4172
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(c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for 4173
the period specified on the license . A resident lifetime license 4174
or a resident 5-year license that has been purchased by a 4175
resident of this state and who subsequently resides in another 4176
state shall be honored for activities authorized by that 4177
license. 4178
Section 118. Paragraph (b) of subsection (2), subsection 4179
(7), and subsection (8) of section 379.3581, F lorida Statutes, 4180
are amended to read: 4181
379.3581 Hunter safety course; requirements; penalty. — 4182
(2) 4183
(b) A person born on or after June 1, 1975, who has not 4184
successfully completed a hunter safety course may apply to the 4185
commission for a special authorization to hunt under 4186
supervision. The special authorization for supervised hunting 4187
shall be designated o n any license or permit required under this 4188
chapter for a person to take game or fur -bearing animals. A 4189
person issued a license with a special authorization to hunt 4190
under supervision must hunt under the supervision of, and in the 4191
presence of, a person 21 y ears of age or older who is licensed 4192
to hunt pursuant to s. 379.354 or who is exempt from licensing 4193
requirements or eligible for a free license pursuant to s. 4194
379.353. 4195
(7) The hunter safety requirements of this section do not 4196
apply to persons for whom li censes are not required under s. 4197
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379.353(2). 4198
(7)(8) A person who violates this section commits a Level 4199
One violation under s. 379.401. 4200
4201
Section 119. Paragraph (a) of subsection (1) of section 4202
379.363, Florida Statutes, is amended to read: 4203
379.363 Freshwater fish dealer's license. — 4204
(1) No person shall engage in the business of taking for 4205
sale or selling any frogs or freshwater fish, including live 4206
bait, of any species or size, or importing any exotic or 4207
nonnative fish, until such person has obtaine d a license and 4208
paid the fee therefor as set forth herein. The license issued 4209
shall be in the possession of the person to whom issued while 4210
such person is engaging in the business of taking for sale or 4211
selling freshwater fish or frogs, is not transferable, shall 4212
bear on its face in indelible ink the name of the person to whom 4213
it is issued, and shall be affixed to a license identification 4214
card issued by the commission. Such license is not valid unless 4215
it bears the name of the person to whom it is issued and is so 4216
affixed. The failure of such person to exhibit such license to 4217
the commission or any of its wildlife officers when such person 4218
is found engaging in such business is a violation of law. The 4219
license fees and activities permitted under particular licens es 4220
are as follows: 4221
(a) The fee for a resident commercial fishing license, 4222
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which permits a resident to take freshwater fish or frogs by any 4223
lawful method prescribed by the commission and to sell such fish 4224
or frogs, shall be $25. The license provided for i n this 4225
paragraph shall also allow noncommercial fishing as provided by 4226
law and commission rules, and the license in s. 379.354(4)(a) 4227
shall not be required. 4228
Section 120. Subsection (2) of section 379.3712, Florida 4229
Statutes, is amended to read: 4230
379.3712 Private hunting preserve license fees; 4231
exception.— 4232
(2) A commercial hunting preserve license , which shall 4233
exempt patrons of licensed preserves from the license and permit 4234
requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j); 4235
(5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12) 4236
while hunting on the licensed preserve property, shall be $500. 4237
Such commercial hunting preserve license shall be available only 4238
to those private hunting preserves licensed pursuant to this 4239
section which are oper ated exclusively for commercial purposes, 4240
which are open to the public, and for which a uniform fee is 4241
charged to patrons for hunting privileges. 4242
Section 121. Paragraphs (e) and (g) of subsection (1) of 4243
section 379.3751, Florida Statutes, are amended t o read: 4244
379.3751 Taking and possession of alligators; trapping 4245
licenses; fees.— 4246
(1) 4247
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(e) An alligator trapping license or alligator trapping 4248
agent license is not required for a person taking alligators 4249
under a military or disabled veterans event permit issued by the 4250
commission pursuant to s. 379.353(2)(q) , Florida Statutes 2023 . 4251
(g) A person engaged in the taking of alligators under any 4252
permit issued by the commission which authorizes the taking of 4253
alligators is not required to possess a management ar ea permit 4254
under s. 379.354(8). 4255
Section 122. Section 379.401, Florida Statutes, is amended 4256
to read: 4257
379.401 Penalties and violations; civil penalties for 4258
noncriminal infractions; criminal penalties; suspension and 4259
forfeiture of licenses and permits. — 4260
(1) LEVEL ONE VIOLATIONS. — 4261
(a) A person commits a Level One violation if he or she 4262
violates any of the following provisions: 4263
1. Rules or orders of the commission relating to the 4264
filing of reports or other documents required to be filed by 4265
persons who hold any recreational licenses and permits or any 4266
alligator licenses and permits issued by the commission. 4267
2. Rules or orders of the commission relating to quota 4268
hunt permits, daily use permits, hunting zone assignments, 4269
camping, alcoholic beverages, ve hicles, and check stations 4270
within wildlife management areas or other areas managed by the 4271
commission. 4272
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3. Rules or orders of the commission relating to daily use 4273
permits, alcoholic beverages, swimming, possession of firearms, 4274
operation of vehicles, and wa tercraft speed within fish 4275
management areas managed by the commission. 4276
4. Rules or orders of the commission relating to vessel 4277
size or specifying motor restrictions on specified water bodies. 4278
5. Rules or orders of the commission requiring the return 4279
of unused CITES tags issued under the Statewide Alligator 4280
Harvest Program or the Statewide Nuisance Alligator Program. 4281
6. Section 379.3003, prohibiting deer hunting unless 4282
required clothing is worn. 4283
7. Section 379.354(1), (2), and (3) Section 379.354(1)-4284
(15), providing for recreational licenses to hunt, fish, and 4285
trap. 4286
8. Section 379.3581, providing hunter safety course 4287
requirements. 4288
(b) A person who commits a Level One violation commits a 4289
noncriminal infraction and shall be cited to appear before the 4290
county court. 4291
(c)1. The civil penalty for committing a Level One 4292
violation involving the license and permit requirements of s. 4293
379.354 is $50 plus the cost of the license or permit , unless 4294
subparagraph 2. applies. Alternatively , except for a person who 4295
violates s. 379.354(6), (7), or (8)(f) or (h), a person who 4296
violates the license and permit requirements of s. 379.354 and 4297
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is subject to the penalties of this subparagraph may purchase 4298
the license or permit, provide proof of such license or permit, 4299
and pay a civil penalty of $50. 4300
2. The civil penalty for committing a Level One violation 4301
involving the license and permit requirements of s. 379.354 is 4302
$250 plus the cost of the license or permit if the person cited 4303
has previously committed the same Level One violation within the 4304
preceding 36 months. Alternatively , except for a person who 4305
violates s. 379.354(6), (7), or (8)(f) or (h), a person who 4306
violates the license and permit requirements of s. 379.354 and 4307
is subject to the penalties of this subparagraph may purchase 4308
the license or permit, provide proof of such license or permit, 4309
and pay a civil penalty of $250. 4310
(d)1. The civil penalty for any other Level One violation 4311
is $50 unless subparagraph 2. applies. 4312
2. The civil penalty for any other Level One vio lation is 4313
$250 if the person cited has previously committed the same Level 4314
One violation within the preceding 36 months. 4315
(e) A person cited for a Level One violation shall sign 4316
and accept a citation to appear before the county court. The 4317
issuing officer may indicate on the citation the time and 4318
location of the scheduled hearing and shall indicate the 4319
applicable civil penalty. 4320
(f) A person cited for a Level One violation may pay the 4321
civil penalty, and, if applicable, provide proof of the license 4322
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or permit required under s. 379.354 by mail or in person within 4323
30 days after receipt of the citation. If the civil penalty is 4324
paid, the person shall be deemed to have admitted committing the 4325
Level One violation and to have waived his or her right to a 4326
hearing before the county court. Such admission may not be used 4327
as evidence in any other proceedings except to determine the 4328
appropriate fine for any subsequent violations. 4329
(g) A person who refuses to accept a citation, who fails 4330
to pay the civil penalty for a Leve l One violation, or who fails 4331
to appear before a county court as required commits a 4332
misdemeanor of the second degree, punishable as provided in s. 4333
775.082 or s. 775.083. 4334
(h) A person who elects to appear before the county court 4335
or who is required to appe ar before the county court shall be 4336
deemed to have waived the limitations on civil penalties 4337
provided under paragraphs (c) and (d). After a hearing, the 4338
county court shall determine if a Level One violation has been 4339
committed, and if so, may impose a civil penalty of not less 4340
than $50 for a first -time violation, and not more than $500 for 4341
subsequent violations. A person found guilty of committing a 4342
Level One violation may appeal that finding to the circuit 4343
court. The commission of a violation must be proved beyond a 4344
reasonable doubt. 4345
(i) A person cited for violating the requirements of s. 4346
379.354 relating to personal possession of a license or permit 4347
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may not be convicted if, before or at the time of a county court 4348
hearing, the person produces the required license or permit for 4349
verification by the hearing officer or the court clerk. The 4350
license or permit must have been valid at the time the person 4351
was cited. The clerk or hearing officer may assess a $10 fee for 4352
costs under this paragraph, from which the cler k shall remit $5 4353
to the Department of Revenue for deposit into the General 4354
Revenue Fund. 4355
(2) LEVEL TWO VIOLATIONS. — 4356
(a) A person commits a Level Two violation if he or she 4357
violates any of the following provisions: 4358
1. Rules or orders of the commission relating to seasons 4359
or time periods for the taking of wildlife, freshwater fish, or 4360
saltwater fish. 4361
2. Rules or orders of the commission establishing bag, 4362
possession, or size limits or restricting methods of taking 4363
wildlife, freshwater fish, or saltwate r fish. 4364
3. Rules or orders of the commission prohibiting access or 4365
otherwise relating to access to wildlife management areas or 4366
other areas managed by the commission. 4367
4. Rules or orders of the commission relating to the 4368
feeding of saltwater fish. 4369
5. Rules or orders of the commission relating to landing 4370
requirements for freshwater fish or saltwater fish. 4371
6. Rules or orders of the commission relating to 4372
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restricted hunting areas, critical wildlife areas, or bird 4373
sanctuaries. 4374
7. Rules or orders of the commission relating to tagging 4375
requirements for wildlife and fur -bearing animals. 4376
8. Rules or orders of the commission relating to the use 4377
of dogs for the taking of wildlife. 4378
9. Rules or orders of the commission which are not 4379
otherwise classified. 4380
10. Rules or orders of the commission prohibiting the 4381
unlawful use of traps, unless otherwise provided by law. 4382
11. Rules or orders of the commission requiring the 4383
maintenance of records relating to alligators. 4384
12. Rules or orders of the commission requi ring the return 4385
of unused CITES tags issued under an alligator program other 4386
than the Statewide Alligator Harvest Program or the Statewide 4387
Nuisance Alligator Program. 4388
13. All requirements or prohibitions under this chapter 4389
which are not otherwise classif ied. 4390
14. Section 379.105, prohibiting the intentional 4391
harassment of hunters, fishers, or trappers. 4392
15. Section 379.2421, relating to fishers and equipment. 4393
16. Section 379.2425, relating to spearfishing. 4394
17. Section 379.29, prohibiting the contamin ation of fresh 4395
waters. 4396
18. Section 379.295, prohibiting the use of explosives and 4397
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other substances or force in fresh waters. 4398
19. Section 379.3502, prohibiting the loan or transfer of 4399
a license or permit and the use of a borrowed or transferred 4400
license or permit. 4401
20. Section 379.3503, prohibiting false statements in an 4402
application for a license or permit. 4403
21. Section 379.3504, prohibiting entering false 4404
information on licenses or permits. 4405
22. Section 379.3511, relating to the sale of hunting, 4406
fishing, and trapping licenses and permits by subagents. 4407
23. Section 379.357(3), prohibiting the taking, killing, 4408
or possession of tarpon without purchasing a tarpon tag. 4409
22.24. Section 379.363, relating to freshwater fish dealer 4410
licenses. 4411
23.25. Section 379.364, relating to fur and hide dealer 4412
licenses. 4413
24.26. Section 379.365(2)(b), prohibiting the theft of 4414
stone crab trap contents or trap gear. 4415
25.27. Section 379.366(4)(b), prohibiting the theft of 4416
blue crab trap contents or trap gear. 4417
26.28. Section 379.3671(2)(c), except s. 379.3671(2)(c)5., 4418
prohibiting the theft of spiny lobster trap contents or trap 4419
gear. 4420
27.29. Section 379.3751, relating to licenses for the 4421
taking and possession of alligators. 4422
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28.30. Section 379.3752, relating to tagging requirements 4423
for alligators and hides. 4424
29.31. Section 379.413, prohibiting the unlawful taking of 4425
bonefish. 4426
(b)1. A person who commits a Level Two violation but who 4427
has not been convicted of a Level Two or higher violation within 4428
the past 3 years commits a misdemeanor of the second degree, 4429
punishable as provided in s. 775.082 or s. 775.083. 4430
2. Unless the stricter penalties in subparagraph 3. or 4431
subparagraph 4. apply, a person who commits a Level Two 4432
violation within 3 years after a previous conviction for a Level 4433
Two or higher violation commits a misdemeanor of the first 4434
degree, punishable as provided in s. 775.082 or s. 775.083, with 4435
a minimum mandatory fine of $250. 4436
3. Unless the stricter penalties in subpara graph 4. apply, 4437
a person who commits a Level Two violation within 5 years after 4438
two previous convictions for a Level Two or higher violation, 4439
commits a misdemeanor of the first degree, punishable as 4440
provided in s. 775.082 or s. 775.083, with a minimum mand atory 4441
fine of $500 and a suspension of any recreational license or 4442
permit issued under s. 379.354 for 1 year. Such suspension shall 4443
include the suspension of the privilege to obtain such license 4444
or permit and the suspension of the ability to exercise any 4445
privilege granted under any exemption in s. 379.353 . 4446
4. A person who commits a Level Two violation within 10 4447
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years after three previous convictions for a Level Two or higher 4448
violation commits a misdemeanor of the first degree, punishable 4449
as provided in s. 775.082 or s. 775.083, with a minimum 4450
mandatory fine of $750 and a suspension of any recreational 4451
license or permit issued under s. 379.354 for 3 years. Such 4452
suspension shall include the suspension of the privilege to 4453
obtain such license or permit and the suspension of the ability 4454
to exercise any privilege granted under s. 379.353. If the 4455
recreational license or permit being suspended was an annual 4456
license or permit, any privileges under s. 379.354 ss. 379.353 4457
and 379.354 may not be acquired for a 3 -year period following 4458
the date of the violation. 4459
(3) LEVEL THREE VIOLATIONS. — 4460
(a) A person commits a Level Three violation if he or she 4461
violates any of the following provisions: 4462
1. Rules or orders of the commission prohibiting the sale 4463
of saltwater fish. 4464
2. Rules or orders of the commission prohibiting the 4465
illegal importation or possession of exotic marine plants or 4466
animals. 4467
3. Section 379.28, prohibiting the importation of 4468
freshwater fish. 4469
4. Section 379.3014, prohibiting the illegal sale or 4470
possession of alligators. 4471
5. Section 379.354(7) section 379.354(17), prohibiting the 4472
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taking of game, freshwater fish, or saltwater fish while a 4473
required license is suspended or revoked. 4474
6. Section 379.357(4), prohibiting the sale, transfer, or 4475
purchase of tarpon. 4476
6.7. Section 379.404(1), (3), and (6), prohibiting the 4477
illegal taking and possession of deer and wild turkey. 4478
7.8. Section 379.4041(1), prohibiting the illegal taking 4479
and possession of bears. 4480
8.9. Section 379.406, prohibiting the possession and 4481
transportation of commercial quantities of freshwater game fish. 4482
9.10. Section 379.407(2), establishing major violations. 4483
10.11. Section 379.407(4), prohibiting the possession of 4484
certain finfish in excess of recreational daily bag limits. 4485
(b)1. A person who commits a Level Three violation but who 4486
has not been convicted of a Level Three or higher violation 4487
within the past 10 years commits a misdemeanor of the first 4488
degree, punishable as provided in s. 775.082 or s. 775.083. 4489
2. A person who commits a Level Three violation within 10 4490
years after a previous conviction for a Level Three or higher 4491
violation commits a misdemeanor of the first degree, punishable 4492
as provided in s. 775.082 or s. 775.083, with a minimum 4493
mandatory fine of $750 and a suspension of any recreational 4494
license or permit issued under s. 379.354 for the remainder of 4495
the period for which the license or permit was issued up to 3 4496
years. Such suspension shall include the suspension of the 4497
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privilege to obtain such license or permit and the ability to 4498
exercise any privilege granted under s. 379.353. If the 4499
recreational license or permit being suspended was an annual 4500
license or permit, any privileges under s. 379.354 ss. 379.353 4501
and 379.354 may not be acquired for a 3 -year period following 4502
the date of the violation. 4503
3. A person who commits a violation of s. 379.354(7) s. 4504
379.354(17) shall receive a mandatory fine of $1,000. Any 4505
privileges under s. 379.354 ss. 379.353 and 379.354 may not be 4506
acquired for a 5-year period following the date of th e 4507
violation. 4508
(4) LEVEL FOUR VIOLATIONS. — 4509
(a) A person commits a Level Four violation if he or she 4510
violates any of the following provisions: 4511
1. Section 379.354(6) section 379.354(16), prohibiting the 4512
making, forging, counterfeiting, or reproduction of a 4513
recreational license or the possession of same without 4514
authorization from the commission. 4515
2. Section 379.365(2)(c), prohibiting criminal activities 4516
relating to the taking of stone crabs. 4517
3. Section 379.366(4)(c), prohibiting criminal activities 4518
relating to the taking and harvesting of blue crabs. 4519
4. Section 379.367(4), prohibiting the willful molestation 4520
of spiny lobster gear. 4521
5. Section 379.3671(2)(c)5., prohibiting the unlawful 4522
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reproduction, possession, sale, trade, or barter of spiny 4523
lobster trap tags or certificates. 4524
6. Section 379.404(5), prohibiting the sale of illegally 4525
taken deer or wild turkey. 4526
7. Section 379.4041(2), prohibiting the sale of illegally 4527
taken bears. 4528
8. Section 379.405, prohibiting the molestation or theft 4529
of freshwater fishing gear. 4530
9. Section 379.409, prohibiting the unlawful killing, 4531
injuring, possessing, or capturing of alligators or other 4532
crocodilia or their eggs. 4533
10. Section 379.411, prohibiting the intentional killing 4534
or wounding of any species designated as endangered, threatened, 4535
or of special concern. 4536
11. Section 379.4115, prohibiting the killing of any 4537
Florida or wild panther. 4538
(b) A person who commits a Level Four violation commits a 4539
felony of the third degree, punishable as provided in s. 4540
775.082, s. 775.083, or s. 775.084. 4541
(5) ILLEGAL ACTIVITIES WHILE COMMITTING TRESPASS. —In 4542
addition to any other penalty provided by law, a person who 4543
violates the criminal provisions of this chapter or rules or 4544
orders of the commission by illegally killing, taking, 4545
possessing, or selling fish and wildlife in or out of season 4546
while violating chapter 810 shall pay a fine of $500 for each 4547
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such violation, plus court costs and any restitution ordered by 4548
the court. All fines collected under this subsection shall be 4549
remitted by the clerk of the court to the Department of Revenue 4550
to be deposited into the State Game Trust Fund. 4551
(6) SUSPENSION OR FORFEITURE OF LICENSE. —The court may 4552
order the suspension or forfeiture of any license or permit 4553
issued under this chapter to a pers on who is found guilty of 4554
committing a violation of this chapter. 4555
(7) CONVICTION DEFINED. —As used in this section, the term 4556
"conviction" means any judicial disposition other than acquittal 4557
or dismissal. 4558
Section 123. Subsection (2) of section 938.01, Florida 4559
Statutes, is amended to read: 4560
938.01 Additional Court Cost Clearing Trust Fund. — 4561
(2) Except as provided by s. 938.15 and Notwithstanding 4562
any other provision of law, no funds collected and deposited 4563
pursuant to this section or s. 943.25 shall be expended unless 4564
specifically appropriated by the Legislature. 4565
Section 124. Subsection (11) of section 943.25, Florida 4566
Statutes, is amended to read: 4567
943.25 Criminal justice trust funds; source of funds; use 4568
of funds.— 4569
(11) Except as provided by s. 938.15 and Notwithstanding 4570
any other provision of law, no funds collected and deposited 4571
pursuant to this section shall be expended unless specifically 4572
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appropriated by the Legislature. 4573
4574
Section 125. Subsections (16), (17), and (18) of section 4575
790.06, Florida Statutes, are renumbered as subsections (15), 4576
(16), and (17), respectively, and paragraph (b) of subsection 4577
(5), paragraphs (b) and (e) of subsection (6), subsection (11), 4578
and present subsection (15) of that section are amended to read: 4579
790.06 License to carry concealed weapon or concealed 4580
firearm.— 4581
(5) The applicant shall submit to the Department of 4582
Agriculture and Consumer Services or an approved tax collector 4583
pursuant to s. 790.0625: 4584
(b) A nonrefundable license fee of up to $55 if he or s he 4585
has not previously been issued a statewide license or of up to 4586
$45 for renewal of a statewide license. The cost of processing 4587
fingerprints as required in paragraph (c) shall be borne by the 4588
state from general revenue applicant. However, an individual 4589
holding an active certification from the Criminal Justice 4590
Standards and Training Commission as a law enforcement officer, 4591
correctional officer, or correctional probation officer as 4592
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is 4593
exempt from the licensing requirements of this section. If such 4594
individual wishes to receive a concealed weapon or concealed 4595
firearm license, he or she is exempt from the background 4596
investigation and all background investigation fees but must pay 4597
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the current license fees r egularly required to be paid by 4598
nonexempt applicants . Further, a law enforcement officer, a 4599
correctional officer, or a correctional probation officer as 4600
defined in s. 943.10(1), (2), or (3) is exempt from the required 4601
fees and background investigation for 1 year after his or her 4602
retirement. 4603
(6) 4604
(b) The sheriff's office shall provide fingerprinting 4605
service if requested by the applicant and may charge a fee not 4606
to exceed $5 for this service . 4607
(e) A consular security official of a foreign government 4608
that maintains diplomatic relations and treaties of commerce, 4609
friendship, and navigation with the United States and is 4610
certified as such by the foreign government and by the 4611
appropriate embassy in this country must be issued a license 4612
within 20 days after the da te of the receipt of a completed 4613
application, certification document, color photograph as 4614
specified in paragraph (5)(e) , and a nonrefundable license fee 4615
of $300. Consular security official licenses shall be valid for 4616
1 year and may be renewed upon completi on of the application 4617
process as provided in this section. 4618
(11)(a) At least 90 days before the expiration date of the 4619
license, the Department of Agriculture and Consumer Services 4620
shall mail to each licensee a written notice of the expiration 4621
and a renewal form prescribed by the Department of Agriculture 4622
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and Consumer Services. The licensee must renew his or her 4623
license on or before the expiration date by filing with the 4624
Department of Agriculture and Consumer Services the renewal form 4625
containing an affidavi t submitted under oath and under penalty 4626
of perjury stating that the licensee remains qualified pursuant 4627
to the criteria specified in subsections (2) and (3), and a 4628
color photograph as specified in paragraph (5)(e) , and the 4629
required renewal fee . Out-of-state residents must also submit a 4630
complete set of fingerprints and fingerprint processing fee . The 4631
license shall be renewed upon receipt of the completed renewal 4632
form, color photograph, appropriate payment of fees, and, if 4633
applicable, fingerprints. Additionally, a licensee who fails to 4634
file a renewal application on or before its expiration date must 4635
renew his or her license by paying a late fee of $15. A license 4636
may not be renewed 180 days or more after its expiration date, 4637
and such a license is deem ed to be permanently expired. A person 4638
whose license has been permanently expired may reapply for 4639
licensure; however, an application for licensure and fees under 4640
subsection (5) must be submitted, and a background investigation 4641
shall be conducted pursuant t o this section. A person who 4642
knowingly files false information under this subsection is 4643
subject to criminal prosecution under s. 837.06. 4644
(b) A license issued to a servicemember, as defined in s. 4645
250.01, is subject to paragraph (a); however, such a licens e 4646
does not expire while the servicemember is serving on military 4647
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orders that have taken him or her over 35 miles from his or her 4648
residence and shall be extended, as provided in this paragraph, 4649
for up to 180 days after his or her return to such residence. If 4650
the license renewal requirements in paragraph (a) are met within 4651
the 180-day extension period, the servicemember may not be 4652
charged any additional costs, such as, but not limited to, late 4653
fees or delinquency fees, above the normal license fees. The 4654
servicemember must present to the Department of Agriculture and 4655
Consumer Services a copy of his or her official military orders 4656
or a written verification from the member's commanding officer 4657
before the end of the 180 -day period in order to qualify for the 4658
extension. 4659
(15) All funds received by the sheriff pursuant to the 4660
provisions of this section shall be deposited into the general 4661
revenue fund of the county and shall be budgeted to the sheriff. 4662
Section 126. Subsections (6) through (8) of section 4663
790.0625, Florida Statutes, are renumbered as subsections (5) 4664
through (7), respectively, and present subsections (5) and (8) 4665
of that section are amended to read: 4666
790.0625 Appointment of tax collectors to accept 4667
applications for a concealed weapon or firearm licen se; fees; 4668
penalties.— 4669
(5) A tax collector appointed under this section may 4670
collect and retain a convenience fee of $22 for each new 4671
application and $12 for each renewal application and shall remit 4672
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weekly to the department the license fees pursuant to s. 790.06 4673
for deposit in the Division of Licensing Trust Fund. 4674
(7)(8) Upon receipt of a completed renewal application 4675
and, a new color photograph , and appropriate payment of fees , a 4676
tax collector authorized to accept renewal applications for 4677
concealed weapon or firearm licenses under this section may, 4678
upon approval and confirmation of license issuance by the 4679
department, print and deliver a concealed weapon or firearm 4680
license to a licensee renewing his or her license at the tax 4681
collector's office. 4682
Section 127. Paragraph (a) of subsection (1) of section 4683
790.065, Florida Statutes, is amended to read: 4684
790.065 Sale and delivery of firearms. — 4685
(1)(a) A licensed importer, licensed manufacturer, or 4686
licensed dealer may not sell or deliver from her or his 4687
inventory at her or his licensed premises any firearm to another 4688
person, other than a licensed importer, licensed manufacturer, 4689
licensed dealer, or licensed collector, until she or he has: 4690
1. Obtained a completed form from the potential buyer or 4691
transferee, which form shall have been promulgated by the 4692
Department of Law Enforcement and provided by the licensed 4693
importer, licensed manufacturer, or licensed dealer, which shall 4694
include the name, date of birth, gender, race, and social 4695
security number or other ident ification number of such potential 4696
buyer or transferee and has inspected proper identification 4697
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including an identification containing a photograph of the 4698
potential buyer or transferee. 4699
2. Collected a fee from the potential buyer for processing 4700
the criminal history check of the potential buyer. The fee shall 4701
be established by the Department of Law Enforcement and may not 4702
exceed $8 per transaction. The Department of Law Enforcement may 4703
reduce, or suspend collection of, the fee to reflect payment 4704
received from the Federal Government applied to the cost of 4705
maintaining the criminal history check system established by 4706
this section as a means of facilitating or supplementing the 4707
National Instant Criminal Background Check System. The 4708
Department of Law Enforcement shall, by rule, establish 4709
procedures for the fees to be transmitted by the licensee to the 4710
Department of Law Enforcement. Such procedures must provide that 4711
fees may be paid or transmitted by electronic means, including, 4712
but not limited to, debit cards, cre dit cards, or electronic 4713
funds transfers. All such fees shall be deposited into the 4714
Department of Law Enforcement Operating Trust Fund, but shall be 4715
segregated from all other funds deposited into such trust fund 4716
and must be accounted for separately. Such s egregated funds must 4717
not be used for any purpose other than the operation of the 4718
criminal history checks required by this section. The Department 4719
of Law Enforcement, each year before February 1, shall make a 4720
full accounting of all receipts and expenditures of such funds 4721
to the President of the Senate, the Speaker of the House of 4722
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Representatives, the majority and minority leaders of each house 4723
of the Legislature, and the chairs of the appropriations 4724
committees of each house of the Legislature. In the event t hat 4725
the cumulative amount of funds collected exceeds the cumulative 4726
amount of expenditures by more than $2.5 million, excess funds 4727
may be used for the purpose of purchasing soft body armor for 4728
law enforcement officers. 4729
2.3. Requested, by means of a toll -free telephone call or 4730
other electronic means, the Department of Law Enforcement to 4731
conduct a check of the information as reported and reflected in 4732
the Florida Crime Information Center and National Crime 4733
Information Center systems as of the date of the req uest. 4734
3.4. Received a unique approval number for that inquiry 4735
from the Department of Law Enforcement, and recorded the date 4736
and such number on the consent form. 4737
Section 128. Paragraph (b) of subsection (1) and paragraph 4738
(b) of subsection (4) of secti on 212.11, Florida Statutes, are 4739
amended to read: 4740
212.11 Tax returns and regulations. — 4741
(1) 4742
(b) For the purpose of ascertaining the amount of tax 4743
payable under this chapter, it shall be the duty of all dealers 4744
to file a return and remit the tax, on or before the 20th day of 4745
the month, to the department, upon forms prepared and furnished 4746
by it or in a format prescribed by it. Such return must show the 4747
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rentals, admissions, gross sales, or purchases, as the case may 4748
be, arising from all leases, rentals, ad missions, sales, or 4749
purchases taxable under this chapter during the preceding 4750
calendar month. However, if a state of emergency is declared 4751
pursuant to s. 252.36 within 5 business days before the 20th day 4752
of the month, dealers located in affected counties s hall be 4753
granted an automatic 10 -day extension from the due date for 4754
filing a return and remitting the tax. 4755
(4) 4756
(b) The amount of any estimated tax shall be due, payable, 4757
and remitted by electronic funds transfer by the 20th day of the 4758
month for which it is estimated. The difference between the 4759
amount of estimated tax paid and the actual amount of tax due 4760
under this chapter for such month shall be due and payable by 4761
the first day of the following month and remitted by electronic 4762
funds transfer by the 20th day thereof. However, if a state of 4763
emergency is declared pursuant to s. 252.36 within 5 business 4764
days before the 20th day of the month, dealers located in 4765
affected counties shall be granted an automatic 10 -day extension 4766
from the due date for filing a ret urn and remitting the tax. 4767
Section 129. Paragraphs (c) and (d) of subsection (2) of 4768
section 220.222, Florida Statutes, are redesignated as 4769
paragraphs (d) and (e), respectively, and a new paragraph (c) is 4770
added to that subsection, to read: 4771
220.222 Returns; time and place for filing. — 4772
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(2) 4773
(c) When a taxpayer has been granted an extension or 4774
extensions of time within which to file its federal income tax 4775
return for any taxable year due to a federally declared 4776
disaster, and if the requirements of s. 220.32 are met, the 4777
department shall automatically extend the due date of the return 4778
required under this code until the 15th day after the due date, 4779
including any extensions provided for such federally declared 4780
disaster, for the filing of the related feder al return for the 4781
taxable year. 4782
Section 130. This act shall take effect July 1, 2024. 4783