1119 GENERAL DRAINAGE §298 · 2014. 10. 1. · 1119 limitation of ten per cent of the annual mainten ance tax which may be levied shall apply to the amount of benefits as readjusted

1119

limitation of ten per cent of the annual maintenance tax which may be levied shall apply to the amount of benefits as readjusted.

History.-§1, ch. 22103, 1943.

298.78 Lien; release.-Any landowner shall have right at any time within ninety days after the date of said decree, or at any time thereafter with consent of holders of not less than ninetyfive per cent of bonds, to obtain a full release of his lands from the lien and liability of the assessment by the payment of an amount to be stated in the decree, which shall include the proportionate amount of the indebtedness chargeable against said piece or parcel of land, together with an additional amount estimated to be required to pay the bonds by reason of the failure of other pieces or parcels to pay the indebtedness so charged against them, said amounts to be approved by holders of not less than ninety-five per cent of bonds.

History.-§2, ch. 22103, 1943.

298.79 Pending suits unaffected.-N othing in this law contained shall operate to abate or otherwise affect any suit pending in any state or federal court of this state on June 14, 1943, wherein the validity of the taxes or assessments or the validity of the bonds of such drainage district is being contested, unless the parties to such suit by their attorneys of record so stipulate and the court in such suit so orders.

History.-§3, ch. 22103, 1943.

298.80 Drainage districts; foreclosures by; amount of bid at foreclosure sale.-In any action by any drainage district created or organized under chapter 6458, laws of Florida, or acts amendatory thereof or supplemental thereto (Chapter 298, Florida Statutes), for the foreclosure of liens in favor of such district, the maximum amount required to be paid on be-

GENERAL DRAINAGE §298.81

half of such district by the board of supervisors at any sale therein decreed, for the lands so ordered sold, shall not be in excess of the value of the interest to be acquired at such sale by the purchaser of the lands sold, as such value shall be ascertained .and determined by the board of supervisors of such district.

History.-§1, ch. 22799, 1945.

298.81 Drainage liens; foreclosures; period for redemption.-

( I) In any suit hereafter instituted by any drainage district organized and existing under and by virtue of chapter 6458 of the acts of 1913, laws of Florida (Chapter 298, Florida Statutes), and other acts _ amendatory thereof and supplemental thereto, for the foreclosure of any lien or liens in favor of such district for delinquent drainage taxes, upon any sale therein of the premises decreed to be sold, the court may immediately confirm such sale and authorize the issuance to the purchaser, upon compliance with the terms of his bid, of a deed of conveyance for the premises so sold by the master appointed to make such sale.

(2) Nothing contained in this section shall require, in any suit of the character referred to in subsection (1), the immediate confirmation of any sale and the issuance thereupon to the purchaser of a deed of conveyance for the premises so sold, but in every such suit the court in its discretion may direct the master to deliver to the purchaser at the sale, or to the board of supervisors in case the property be bid in in the name of the district, a certificate showing such purchase, in which event there shall be allowed a period of twelve months for the redemption from such sale as provided for under existing provisions of law prior to the confirmation of the sale and the issuance of a deed to the purchaser.

History.-§§1, 2, ch. 22926, 1945.

TITLE XXI PORTS AND HARBORS

CHAPTER 307

STEVEDORES

307.01 Appointment and bond of stevedor~. 307.02 To hold licenses during good behavior. 307.03 Acting as stevedore without license. 307.04 Master may load his vessel with his own

crew. 307.01 Appointment and bond of stevedore.

-Any board of commissioners of pilotage of this state may grant licenses to competent and trustworthy persons to act as stevedores in the port and harbor for which said board is appointed; but such board shall only grant such number of licenses as it may deem necessary, having due regard to the business of the port and harbor; and no person shall be licensed except such as on examination prove competent to serve as stevedores. Said board shall require from each p.erson licensed satisfactory bond, in penalty not to exceed three hundred dollars, for the proper performance of his d~ti~s as stevedore; but the said board of comm1sswners shall not appoint any person to act as stev~dore who has not been a resident of the state s1x months previous to the date of his commission.

H istory .-§1, ch. 1740, 1870; §1, ch. 2032, 1874; RS 925; GS 1281; R GS 2451 ; C G L 3860. cf.-§205.35, Contractors, license tax.

307.02 To hold licenses during good behavior.-Persons licensed under §307.01 shall hold their licenses during good behavior, but any license may be revoked by said bo~rd upol!- complaint, after due notice an~ hearmg, 1f m the opinion of said board, the misconduct, neglect of duty or other cause of complaint shall be sufficient to justify such removal.

History.- §2, ch. 1740, 1870; RS 926; GS 1282; RGS 2452; CGL 3861.

307.03 Acting as stevedore without lic~nse. -Any person acting as stevedore on a ~hlp or other vessel in any port or harbor of th1s state without a license, shall be subject to a fine of fifty dollars or shall be imprisoned for t~irty days; and it is h~reby declar~d th~t t_o constitute the offense it w1ll be sufficient, 1f It be found that the person accused has either actually .exercised the duties of a stevedore, as aforesaid, or by any contract, agreement or engagement has undertaken the work of loading a ship, or other vessel as aforesaid, under which contract, agreement 'or engagement such ship or other vessel is being loaded by himself or another as stevedore or has in anywise made himself responsible as stevedore for the work of loading such ship or other vessel, and the work of loading is being · done under such responsibility, whether said

307.05 Certain charters void. 307.06 Compensation not to be accepted for award

ing vessel to stevedore; penalty. 307.07 Interference with awarding vessel forbid-

den; penalty.

work be done by himself or by another; and every violation of this section on the same ship or other vessel on different days, shall for each day be deemed a separate offense.

History.-§§4, 6, ch. 1740, 1870; RS 2747; GS 3742; RGS 5767; GQL 7997.

307.04 Master may load his vessel with his own crew.-N othing in this chapter shall be so construed as to prevent any master of a ship or vessel from loading his own vessel with his own crew. ccfl."~sst-§6, ch. 1740, 1870 ; RS 929; GS 1283; RGS 2453;

307.05 Certain charters void. - No action shall be maintained in this state to enforce or secure any right given by a ship charter in which charter is a provision giving the charterer, consignee or shipper a right in any way to interfere with the selection, by the master or owner, of a stevedore to load or unload his vessel. Every such charter shall be void in this state.

History.-§1, ch. 3757, 1887; RS 930; GS 1284; RGS 2454; CGL 3863.

307.06 Compensation not to be accepted for awarding vessel to stevedore; penalty.-It is not lawful for any person to accept directly or indirectly any compensation for awarding or causing to be awarded to any person the loading or unloading of any vessel. Any person violating the provisions of this section shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding one year.

History.-§2, ch. 3757, 1887; RS 931, 2748; GS 1285, 3743; RGS 2455, 5768; CGL 3864, 79998.

307.07 Interference with awarding vessel forbidden; penalty.-It is not lawful for any person to control or attempt to control the owner or master of any vessel in awarding the loading or unloading of his vessel, except by solicitation in his own behalf as a contracting stevedore regularly engaged in the business of stevedoring. Any person violating the provisions of this section shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding one year.

History.-§3, ch. 3757, 1887; RS 932, 2749 ; GS 1286, 3744; RGS 2456, 5769; CGL 3865, 7999. d.-§775.06 Alternative punishment.

1120

1121 SHIPPING MASTERS §308.04

CHAPTER 308

SHIPPING MASTERS

308.01 Appointment and duties. 308.02 Bond, etc.; penalties. 308.03 License and regulation; penalties.

308.01 Appointment and duties. - There shall be created in and for the several ports of this state, one or more shipping masters, to be appointed by the mayor with the consent of the common council -of each city or incorporated town in this state, whose business it shall be to provide and ship crews for vessels and seamen, in accordance with the laws of the United States, whenever required to do so, by proper authority, representing the vessels or owners.


308.02 Bond, etc.; penalties.-Before obtaining the license provided for in §308.03, said shipping master shall execute a bond, with two good and sufficient sureties, to be approved by the mayor, in the sum of two thousand dollars, payable to the mayor and his successors in office, conditioned for the honest and faithful transaction of all business appertaining to his office and occupation; and if any shipping master, or any other person by his consent, procurement, advice or connivance, shall be found guilty of harboring, concealing or enticing away any marine or seaman from a vessel, or encouraging any marine or seaman to mutiny or disobey lawful orders, he or they shall, in addition to the punishment provided by law for every such offence under this chapter, forfeit for the use of the port or town for which he is appointed, not less than one hundred nor more than one thousand dollars; the cause to

308.04 Acting as shipping master without license; penalties.

be tried in the proper court on complaint of the mayor or party aggrieved.

History.-§2, ch. 1750, 1870; RS 934; GS 1288; RGS 2458; CGL 3867. ct.-§862.02, Penalty tor enticing seamen from vessels.

308.03 License and regulation; penalties.The mayor and council may grant license in conformity to this chapter, under such rules and regulations as they may prescribe, and such ordinances and orders as in their judgment may be most conducive to the interests of their port, and for the government of the shipping and for the welfare and protection of the marine and seamen, subject to the laws of the United States, and for the direction and government of said shipping masters as they may deem proper; and the same at any time may amend or revoke, and may impose fines for the violation of such rules, ordinances, orders and regulations, provided such fines so imposed by city or town authority under this chapter shall not exceed fifty dollars for each offence in violating said rules, orders and regulations or ordinances.

Hlstory.-§3, ch. 1750, 1870; RS 935; GS 1289; RGS 2459; CGL 3868.

308.04 Acting as shipping master without license; penalties.-Whoever attempts to exercise the calling of a shipping master, or falsely represents himself as a shipping master, in this state, not having been licensed or appointed by law, shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars.

History.-§4, ch. 1750, 1870; RS 2750; GS 3745; RGS 5770; CGL 8000. ct.-§775.06, Alternative punishment.

§862.01, Penalty tor boarding vessel without permlaalon ot master.

§309.01 PROTECTION OF PORTS AND HARBORS 1122

CHAPTER 309

PROTECTION OF PORTS AND HARBORS

309.01 Deposit of material in tide water regulated.

309.01-Deposit of material in tide water regulated.-It is not lawful for any person to discharge or cause to be discharged, deposit or cause to be deposited, in the tide or salt waters of any bay, port, harbor or river of this state any ballast or material of any kind other than clear stone or rock free from gravel or pebbles, which said clear stone or rock shall be deposited or discharged only in the construction or enclosures in connection with wharves, piers, quays, jetties, or in the construction of permanent bulkheads connecting the solid and permanent portion of wharves. It is lawful to construct three characters of bulkheads for retention of material in solid wharves. First, clear stone or rock enclosures, or bulkheads, may be built upon all sides to a height not less than two and one-half feet above high water mark, and after the said enclosures have been made so solid, tight and permanent as to prevent any sand, mud or gravel, or other material that may be discharged or deposited in them, from drifting or escaping through such enclosure, any kind of ballast may be discharged or deposited within same. The aforesaid enclosures may be constructed of wood, stone and rock combined, the stone and rocks to be placed on the outside of the wood to a height not less at any point than two and one-half feet above high water mark. Second, a bulkhead may be built by a permanent wharf consisting of thoroughly creosoted piles not less than twelve inches in diameter at the butt end, to be driven close together and to be capped with timber not less than ten or fourteen inches drift, bolted to each pile, and one or more longitudinal stringers to be placed on the outside of the bulkhead and securely anchored by means of iron rods to piles driven within the bulkheads, clear rock to be on the inside of the bulkhead, to a height of not less than two and a half feet above high water; and after this is done, ballast or other material may be deposited within the permanent enclosure so constructed. Third, a bulkhead may be constructed to consist of creosoted piles, as described herein, driven not exceeding four feet apart from center to center, inside of which two or more longitudinal stringers may be placed, and securely bolted to the piles. Inside of these longitudinal pieces two thicknesses of creosoted sheet piling are to be driven, each course of the sheet piling to make a joint with the other so as to form an impenetrable wharf,

309.02 Deposit on wharf, etc., regulated.

and within this permanent bulkhead so constructed, any ballast or other material may be deposited. No such enclosure, piers, quays or jetties shall be begun until the point whereat it is to be built shall have been coimected by a substantial wharf with a shore or with a permanent wharf; provided, that the owners of wharves may at any time, with the consent of the board of pilot commissioners of the port or harbor in which such wharves are situated, build wharves of clear stone or rock, or creosoted walls as hereinafter provided, on each side of their wharves from the shore to a point at which the water is not more than fifteen feet deep, and when such walls have attained a height of two and one-half feet · above high water mark, and have been securely closed at the deepwater end by stone or creosoted walls of the same height, any kind of ballast may be deposited in them. The pilot commissioners of the different ports and harbors of this state shall designate by ordinance the depth of water at which enclosures, piers, quays, jetties and bulkheads may be built without obstruction to navigation within the bays, ports, rivers and harbors over which they respectively have jurisdiction. Nothing contained in this section shall interfere with any rights or privileges now enjoyed by riparian owners. While this section empowers those who desire to construct the several characters of wharves, piers, quays, jetties and bulkheads, provided for and described herein, nothing in this section shall be so construed as to require any person not desiring to construct a permanent wharf by filling up with ballast, stone or other material, to construct under the specifications contained herein; and nothing in this chapter shall be so construed as to prevent any person from constructing any wharf or placing any pilings, logs or lumber in any waters where he would have heretofore had the right so to do.

History.-Ch. 3298, 1881; RS 936; §1, ch. 4370, 1895; GS 1290; RGS 2460; CGL 3869.

309.02 Deposit on wharf, etc., regulated.It is not lawful for any person to deposit or cause to be deposited on any wharf or quay, any ballast, stone, earth, or like material, except such wharf or quay may be so secured as to prevent such ballast or other material from washing into the waters of the harbor.

History.-§3, ch. 3142, 1879; RS 937; GS 1291; RGS 2461; CGL 3870. ·

1123 PILOT ~OMMISSIONERS AND PILOTS §310.03

CHAPTER 310

PILOT COMMISSIONERS AND PILOT

310.01 Pilot conuruss10ners to be appointed and to act as port wardens.

310.02 Unlawfully personating pilot commissioner; penalty.

310.03 Pilot commissioners to examine and lice!l$e pilots.

310.04 Apprenticeship. 310.05 Suspension of pilots; revocation of license;

forfeiture; leave of absence. 310.06 Piloting without license. 310.07 Records. 310.08 Fees. 310.09 Per diem to pilots in quarantine. 310.10 Pilot bringing vessel in entitled to take

her out. 310.11 Rates of pilotage. 310.12 Pilot commissioners may make regulations

for port.

310.01 Pilot commissioners to be appointed and to act as port wardens.-The govt>rnor, by and with the advice and consent of the senate, shall appoint a board of pilot commissioners for each county in this state in which a port is located, to consist of five members, who shall not be pilots, owners or agents of pilot boats, consignees of vessels, or charterers, or officers of any corporation acting as consignee or charterer, or in any manner interested in the business of pilotage or the employment of pilots , who shall have their office for four years, unless sooner removed by the governor; the said board is to consist of citizens of said county, and the said commissioners shall be empowered to act as port wardens, and to perform all the duties of the same. They shall take the usual oath of office.

History.- §1, ch. 1670, 1868; RS 938 ; §1, ch. 4171, 1893; GS 1292; §1, ch. 6493, 1913; §1, ch. 6942, 1915; RGS 2462; CGL 3871. ct.-§313.01, Harbor master ex-officio board member.

310.02 Unlawfully personating pilot commissioner: penalty.-lt is unlawful for any person, except the commissioners legally appointed, to assume to act as pilot commissioners, or to undertake the performance of any of the duties prescribed by law, or pertaining to said office of pilot commissioner; and it is unlawful for any person to employ any other than the legally appointed commissioners for the performance of such duties; and it is, also, unlawful for any person to issue certificates of surveys on vessels, vessel material or goods damaged; and any person violating the provisions of this section shall be fined in a sum of not to exceed five hundred dollars or be imprisoned for a period not to exceed three months.

History.-§6, ch. 4046, 1891; §1, ch. 4991, 1901; GS 3735; RGS 5760; CGL 7990. cf.-§775.06 Alternative punishment.

310.03 Pilot commissioners to examine and license pilots.-The board of pilot commissioners shall examine persons who may wish to be license as pilots, in all matters pertaining to the management of vessels; also in regard to their knowledge of the channel and the harbor where they wish to act as pilots; and if upon examina-

310.13 Duties as to protection of ports. 310.14 Minimum tonnage of pilot boats on certain

bars. 310.15 Registration. 310.16 Unregistered vessels ; penalties. 310.17 Piloting in certain ports on boats of less

than twenty tons burden; penalty. 310.18 Organization of board. 310.19 Make rules and regulations. 310.20 Violating rules of board; penalty. 310.21 To examine vessel. 310.22 To keep a record of examination, etc. 310.23 Board to examine cargo, record, etc. 310.24 Board to attend sales; auctioneers. 310.25 Duties of auctioneers; compensation. 310.26 Board to receive percentage on pilotage. 310.27 Board to keep accounts.

tion they find them qualified to take command of all classes of vessels liable to enter that port and are thoroughly familiar with the channel and currents of the harbor, they shall appoint and license such number of those found qualified as are requisite to preform the duties required of the pilots for that port, so there shall not be more than four pilots for the port of Pensacola plus apprentices to come in over quota as herein provided; three for the ports of Apalachicola and Carrabelle, at both East and West Passes inclusive; four for the port of Fernandina and Nassau Inlet; nine for the port of Jacksonville, nine for the ports of Tampa, Port Tampa, and Manatee, inclusive; two for the Port of St. Petersburg, three for the port of Punta Gorda; three for the port of Charlotte Harbor; three for the port of Boca Grande; four for the port of St. Andrews; two for the port of Cedar Keys; four for the port of Key West; three for the port of St. Augustine; two for the port of Palm Beach; five for the port of Miami; three foc the Port of Port St. Joe; and two for any port not especially mentioned in this chapter; and thereafter when vacancies occur in the number of pilots in any of the ports in this state, the commissioners of that port may, in their discretion, grant licenses as pilots heretofore provided, until the number of pilots reaches the

· number allowed by this chapter for that port; provided, however, that pilots who are now duly licensed shall hold their license according to the law. Said pilots shall be entitled to hold their licenses and appointments during good behavior; provided, further, that the limits of the number of pilots shall not be construed to apply to apprentices who are now serving the time provided by law; and provided, that in the event a vacancy occurs while an apprentice is serving his apprenticeship, he shall have prior consideration over other applicants for the position; but such apprentice shall be entitled to act as pilot on complying with the law, notwithstanding the fact that the total number of pilots may exceed the limit herein provided and the sai.d board shall require from each pilot satisfactory bond for the faithful performance of his duty; provided, however, that the provisions of this

§310.04 PILOT COMMISSIONERS AND PILOTS 1124

law shall in no way affect or apply to pilots who are now duly licensed and qualified pilots, or alter, amend, repeal or change any local or special law pertaining to appointment, qualification or number of pilots for any ports in the State of Florida.

History .-§3, ch. 1670, 1868; RS 939; §1, ch. 4573, 1897; §1, ch. 5226, 1903; GS 1293; §1, ch. 5948, 1909; §1, ch. 6206, 1911; RGS 2463; §1, ch. 8540, 1921; §1, ch. 9303, 1923; §1, ch. 102(!2, 1925; §1, ch. 12194, 1927; CGL 3872; §1, ch. 13758, 1929; §1, ch. 14820, 1931; §1, ch. 16101, 1933; §1, ch. 1805!1. 1937; am. §1, ch. 23972; §1, ch. 23653, 1947.

310.04 Apprenticeship.-There may be indentured in each port of this state one apprentice for every eight, and five over eight, or multiple of eight, licensed pilots of such port; but every port may have one apprentice. Any person desiring to become a pilot's apprentice shall file with the board of pilot commissioners a written application approved by all of the licensed pilots of the port, one of whom shall signify his willingness to have such apprentice indentured to him; and if there be a vacancy in the number of apprentices allowed for such port, the board of pilot commissioners shall approve such application; and the applicant shall then, with the approval of his parent or guardian, be indentured as an apprentice to the licensed pilot who has signified his willingness to take such apprentice for the term of four years; and the indenture shall be recorded in the records of the board of pilot commissioners, and the said board shall thereupon assign the said apprentice to a regular pilot boat on the bar of such port. In filling vacancies in the number of licensed pilots for any port, the board of pilot commissioners shall prefer, in the order of service, those who have served apprenticeship under this law; provided, that no other requirements than those provided for by law shall be demanded of those who are serving as pilot apprentices.

History .-§4, ch. 1670, 1868; §3, ch. 1893, 1872; §1, ch. 3161, 1879; RS 940; §1, ch. 5225, 1903; GS 1294; RGS 2464; CGL 3873; a m. §2, ch. 23972, 1947. ct.-Ch. 446, Apprentices.

310.05 Suspension of pilots; revocation of license; forfeiture; leave of absence.-The said commissioners may suspend any pilot for misbehavior, negligence, incompetency, drunkenness, and for any conduct detrimental to commerce, or injurious to navigation, at the discretion of the board ; and said board may revoke the license of any pilot if, in the opinion of the board, the conduct of the offender is so gross as to warrant such revocation. A pilot shall forfeit his license and authority as such by more than seventy-two hours' absence from the bar, except in case of sickness, or absence in the discharge of his duty; provided, the board of pilot commissioners may grant a leave of absence to any pilot for a longer period of time if there remains on duty a sufficient number of pilots to serve the commerce of the port.

Hlstory.-§5, ch. 1670, 1868; RS 942; GS 1295; §2, ch. 6206, 1911; RGS 2465; CGL 3875.

310.06 Piloting without license.-Whoever acts as pilot for any port of this state without a license from the board of pilot commisssion-

ers shall be punished by fine not exceeding one hundred dollars for each offense.

Hlstory.-RS 2740; GS 3737; RGS 5762; CGL 7992.

310.07 Records.-The board of pilot commissioners shall keep a record of all their proceedings, including appointments, licenses and revocation of licenses, which record shall be turned over to their successors in office.

History.-§6, ch. 1670, 1868; RS 943; GS 1296; RGS 2466; CGL 387?.

310.08 Fees.-The board of pilot commissioners shall receive the sum of twenty dollars from each pilot whom they examine, appoint and license, in lieu of all other fees and compensation.


310.09 Per diem to pilots in quarantine.In all cases where a pilot shall be detained in quarantine by reas<;m of having boarded any vessel in the discharge of his duty as such pilot, the said vessel or owners shall be required to pay to such pilot four dollars per day during the time of his necessary detention in quarantine.

History .-§2, ch. 3161, 1879; RS 946; GS 1298; RGS 2468; CGL 3878.

310.10 Pilot bringing vessel in entitled to take her out.-Any licensed pilot who shall take or bring a steamer or vessel into port shall be entitled to take her out, and any other pilot taking out such steamer or vessel shall forfeit the full amount of pilotage to the pilot rejected; and the master of said steamer or vessel, or the owner or owners ihereof, shall be bound to pay to the pilot rejected the fees as established by law, unless the master shall show good cause to the contrary, which shall be satisfactory to the board of pilot commissioners. cJI{·~~7t-§1, ch. 1893, 1872; RS 947; GS 1299; RGS 2469;

310.11 Rates of pilotage.-The board of pilot commissioners of each port may fix the rate of pilotage which shall be paid by any vessel entering their port; but in no case shall they fix the rates greater than the rates now provided by law. All steamers or vessels entering any port or leaving the same, shall be subject to pay to any licensed pilot performing duty on board, or to the pilot who shall first speak to such steamer or vessel, the following rates of pilotage: For steamers or vessels drawing six feet, or less than the same, two dollars per foot; for steamers or vessels drawing from six to ten feet, three dollars per foot; for steamers or vessels drawing from ten to fourteen feet, four d.ollars per foot; for steamers or vessels drawing from fourteen to twenty feet, five dollars per foot; for steamers or vessels drawing over twenty feet, six dollars per foot. These rates shall apply to all steamers or vessels, whether owned wholly by citizens of this state or not; provided, that all steamers or vessels carrying the regular United S~ates mails s.hall pay half pilotage only; prov1ded further, that all steamers or vessels

1125 PILOT COMMISSIONERS AND PILOTS §310.18

drawing less than six feet of water, and having a coastwise license, shall be exempt from paying whole or half pilotage, unless they employ a pilot.

lllstory.-§2, ch. 1893, 1872; ch. 3160, 1879; RS 948; GS 1300; RGS 2470; CGL 3880.

310.12 Pilot commissioners may make regulations for port.-Every steamer or vessel of any description, of the tonnage of twenty tons and upwards, while lying at anchor in any of the bays, ports, harbors or rivers of this state, where there is ~ board of pilot commissioners, shall during the night show such light as may be required by the port regulations established for the port; and it shall be lawful for the board of pilot commissioners to make and promulgate, in conformity with law, rules and regulations for the government and protection of the port.

lfistory.-Ch. 3142, 1879; RS 949; GS 1301; RGS 2471; CGL 3881.

310.13 Duties as to protection of ports.The board of pilot commissioners of each port shall take such steps as may be necessary to detect any violation in their ports or waters within their jurisdiction of the laws for the protection of ports, harbors, bays and rivers; and they shall cause complaint to be made for the arrest of every offender against such laws; and the county commissioners of the county in which such pilot commissioners are appointed shall audit and pay the expenses of the board of pilot commisssioners, which shall be incurred under this section, as other charges against the county are audited and "paid. C~~·~ss~:-Ch. 3438, 1883; RS 950; GS 1302; RGS 2472;

c!.-§125.01 et seq., Powers and duties of county co=ls-sloners.

310.14 Minimum tonnage of pilot boats on certain bars.-All pilots engaged in the business of piloting on the bars of those ports of this state into which have come and taken cargo, during the past five years, foreign owned sailing vessels of five hundred tons burden and upwards, at an average rate of not less than two hundred and fifty vessels per year, according to the records of the United ~tates custom houses at such ports, respectively, are required to pursue their said business of piloting for such ports on vessels of not less than twenty tons burden, and are prohibited from carrying on their said business on vessels of any less burden than twenty tons. cJIL"~ss~:-§1, ch. 3753, 1887; RS 951; GS 1303; RGS 2473;

cf.-§311.01, Steam pilot boats regulated.

310.15 Registration.-The pilot commissioners for those ports within this state that are within the provisions of §310.14 shall register such a number of vessels of not less than twenty tons burden as are, in their opinion, requisite and necessary to the proper piloting of vessels coming into such ports, and the pilot commissioners shall provide a book for the purpose of such registration and cause the same to be kept in the office open to the inspection of the public. Each registration shall

set forth the name and tonnage of the pilot boat so registered, and for each registration the pilot commissioner making the same shall be entitled to demand and receive a fee of ten dollars.

llistory.-§2, ch. 3753, 1887; RS 952; §1, ch. 4371, 1895; GS 1304; RGS 2474; CGL 3884.

310.16 Unregistered vessels; penalties.-lt is unlawful for any vessel that shall not have been registered according to the provisions of law to be used in the business of piloting for those ports within the state that are within the provisions of §310.15; and any person, who shall engage in the business of piloting on the bars of those ports within the state that are within the provisions of the said section on any vessel not registered according to this law by the pilot commissioners of such port, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month. Whenever a vessel so registered ceases to be employed in the business of piloting for the port in which she has been registered as aforesaid, her master shall notify the pilot commissioners of such port of the same within ten days thereafter, for her name to be erased from the registry, and should any such master fail to so notify such pilot commissioners as aforesaid, he shall be deemed guilty of a misdemeanor. and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding one month.

History .-§2, ch. 3753, 1887; RS 952; §1, ch. 4371, 1895; GS 3736; RGS 5761; CGL 7991. cf.-§775.06, Alternative punishment.

§311.04, Penalty for piloting In unregistered boat.

310.17 Piloting in certain ports on boats of less than twenty tons burden; penalty.-Any pilot engaged in the business of piloting for any port within this state which is covered by the provisions of §310.14, who carries on his said business for such port on any boat or craft other than a vessel of twenty tons burden or upward, which has been duly registered in accordance with the provisions of §310.15, shall be punished by imprisonment not exceeding one month, or by fine not exceeding one hundred dollars.

History.-§3, ch. 3753, 1887; RS 2741; §1, ch. 4371, 1895; GS 3739; RGS 5764; CGL 7994. cf.-§775.06, Alternative punishment.

310.18 Organization of board.-The board of pilot commissioners and port wardens of each and every port of this state may annually elect one of their members president, and another vice-president; and appoint one of their number secretary, and fix his compensation, who shall hold his office during the pleasure of the board, said compensation to be paid out of the receipts of the office. The secretary shall keep, in such books as shall be provided for the purpose, a full, true and complete record of all their acts, proceedings, surveys and reports, and such books shall be open to the public inspection of any person interested

§310.19 PILOT COMMISSIONERS AND PILOTS 1125

therein; and the said board of commissioners shall have and use a common seal, and each commissioner and port warden may administer oaths, examine witnesses and take affidavits concerning the business of said office, and all willful false swearing under such oaths shall be deemed perjury, and shall be punished accordingly.

Hlstory.-§1, ch. 4046, 1891; GS 1305; RGS 2475; CGL 3885; am. §7, ch. 22858, 1945. cf.-§837.01, Perjury otherwise than In judicial proceedings.

310.19 Make rules and regulations.-The board of pilot commissioners may also make such rules and regulations for their own government and the discharge of their duties under this chapter as they may deem necessary and proper; provided, however, that said board of pilot commissioners and port wardens shall adopt no rules and regulations which may ~onflict in any way with the rules and regulations of the state board of health now in force, or that may hereafter be adopted by said state board of health. They shall keep an office in the port or city for which they are appointed and shall have the exclusive right to perform all the duties of pilot commissioners and port wardens for the ports or cities for which they are appointed.

History.-§1, ch. 4046, 1891; GS 1306; RGS 2476; CGL 3886. • cf.-§381.31, State board of health to promulgate quaran

tine regulations.

310.20 Violating rules of board; penalty,.Whoever violates any lawful rule or regulatiOn of a board of pilot commissioners shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars.

History.-§5, ch. 3142, 1879; RS 2744; GS 3740; RGS 5765; CGL 7995. cf.-§775.06, Alternative punishment.

310.21 To examine vessel.-The board of pilot commissioners, or some one of them, on being notified and requested by any of the parties in interest shall proceed in person on board of any vessel for the purpose of examining the condition and storage of cargo, and if there be any goods damaged on board said ve:>sel they shall inquire, examine and ascertam the cause or causes of such damage, and make a memorandum thereof, and enter the same in full upon the books of the office; and if, after the arrival in port of any vessel, the hatches shall be first opened by any person not a pilot commissioner and port warden, and the cargo, or any part thereof, shall come from on ship board in a damaged condition, these facts shall be presumptive evidence that such damage occurred in consequence of improper storage or . negligence on the part of the persons in charge of the vessel, and such default shall be chargeable to the owner, consignee, master, or other person in interest (as part owner or master of said vessel), each and all of whom shall be primarily liable for such damages; and the said board shall be exclusive surveyors of any vessel which may have suffered wreck or damage or which shall be deemed unfit to proceed to ~ea, and shall examine the condition of the

hull, spars, sails, rigging, and all the appurtenances thereof, and they shall call to their assistance one or more carpenters, sail makers, riggers, shipwrights, or other person skilled in his profession to aid them in their examination and survey; provided, such person shall not be interested therein, and all parties so called shall be sworn, and shall each be allowed a fee of five dollars, to be paid by the person requiring said examination.

Hlstory.-§2, ch. 4046, 1891; GS 1307; RGS 2477; CGL 3887; am. §7, ch. 22858, 1945.

310.22 To keep a record of examination, etc. -The commissioners shall specify what damage has occurred, and record in the books of the office a full and particular account of all surveys held on said vessel. They shall also be the judges of the repairs necessary to render said vessel again seaworthy, or for the safety of said vessel and cargo on the intended voyage. They shall also have exclusive cognizance of all matters relating to the surveys of vessels and their cargoes arriving at such ports in distress or damage in said ports, and shall be the judges of its fitness to be reshipped to its port of destination, or whether it shall be sold for the benefit of whom it may concern. They shall, also, if called upon to do so, estimate the value of measurement of any vessel, when the same is in distress or libeled, and record the same in the books of said office.

Hlstory.-§2, ch. 4046, 1891; GS 1308; RGS 2478; CGL 3888_. .

310.23 Board to examine cargo, record, etc. -The board of pilot commissioners, or some one of them, on being notified and requested so to do by any of the parties in interest, shall proceed in person to any warehouse, store or dwelling, or in the public street, or on the wharf, and examine any merchandise, vessels, materials, or other property said to have been damaged on board of any vessel, and inquire and examine and ascertain the cause or causes of such damage, and make a memorandum thereof, and of such property, and record in the books of the office a full and .complete statement thereof; and said board, when so requested, shall furnish a certificate of any record in the books of said office to any party interested therein, upon their paying to said board the regular fee for said certificate. All certificates issued shall be under the seal of said office, and signed by the president or vicepresident and secretary, and said certificate shall be evidence of the existence and contents of the record in any court in this state. In all cases of inquiries, examinations and surveys, relating to vessels and cargoes on board thereof, as specified in this chapter, the said board shall give notice to all persons interested in, or having charge of the subject matter of such inquiry, examination or survey, by advertisement in at least one daily newspaper printed and published in the said port for which they are appointed, of the pendency of such inquiry, examination or survey, and of

1127 PILOT COMMISSIONERS AND PILOTS §310.27

the time and place of completing the same; the expense whereof shall be added to and paid with the fee for making each inc1uiry, examination or survey.

History.-§3, ch. 4046, 1891; GS 1309; RGS 2479; CGL 3889.

310.24 Board to attend sales; auctioneers.-The board of pilot commissioners, or some one of the members thereof, shall attend personally all sales of vessels, when condemned vessels, materials and goods, in a damaged state, shall be sold at public auction in the ports for which they were appointed, by reason of such damage, for the benefit of owners or underwriters, or for account of whom it may concern; and auctioneers making such sales, shall give due notice thereof to said board before the sa le, and all such sales shall be made by auctioneers under the direction and by order of the commissioners, for which service they shall be entitled to receive a commission of one-half of one per cent on the gross amount of sales thereof, to be paid to said board of pilot commissioners on demand of the auctioneer making such sale; and such property shall be exempt from the payment of auction duties to the state.

38~~story.-§4, ch. 4046, 1891; GS 1310; RGS 2480; CGL

310.25 Duties of auctioneers; compensation. -The auctioneers shall make monthly statements to the board of pilot commissioners, specifying the total amount of each day's sale made by them under this chapter, which statement shall be filed in said commissioner's office, and the commissioners, when required by the owner or consignee thereof, shall certify the cause of such damage, the amount of such sales, and the charges on the same, all of which shall be recorded in the books of said office; and the said board of pilot commissioners shall be allowed, for each and every survey held on board of any vessel, on hatches. stowage of cargo or damaged goods, or at any warehouse, store or dwelling, or in the public street, or on the wharf within the limits of

the ports for which they are appointed, on goods said to be damaged, the sum of ten dollars; and for each and every certificate given in consequence thereof, the sum of two dollars; and for each and every survey on the hull, sails, spars or rigging of any "0-essel damaged, or arriving at said port in distress, the sum of five dollars; and for each and every certificate given in consequence thereof, the sum of two dollars and fifty cents; and for each valuation on measurement of any vessel, the sum of ten dollars; and the compensation and emoluments of said office shall be divided equally among the said five commissioners composing the board.

History.-§4, ch. 4046, 1891; GS 1311; RGS 2481; CGL 3891.

310.26 Board to receive percenta~e . on p1lotage.-The board of pilot commissioners shall receive, annually, from each pilot one per cent on the gross amount of pilotage earned by said pilot during each year, to be paid by each pilot at such times and in such manner as the said board of pilot commissioners shall prescribe; and this one per cent of pilotage shall be in lieu of all other fees and compensation now paid to said board of pilot commissioners by any pilot into any port into which come annually one hundred vessels of five hundred tons burden and upwards.

Hlstory.-§5, ch. 4046, 1891; GS 1312; RGS 2482; CGL 3892.

310.27 Board to keep accounts.-The said board of pilot commissioners shall keep a full and accurate account of all their receipts and expenditures, and transmit to the comptroller a true copy thereof annually, on the first Monday in January of each year, which copy shall be verified by the oaths of the president and secretary of said boards; and each commissioner shall append to such account an affidavit that he has not taken or received any moneys or goods as presents, directly or indirectly, for services as commissioner. except the legal fees.


§311.01 REGULATIONS OF BOATS TO BE USED BY BAR PILOTS 1128

CHAPTER 311

REGULATION OF THE KIND AND SIZE OF BOATS TO BE USED BY THE BAR PILOTS

311.01 Steam pilot boats. 311.02 Other pilot boats. 311.03 Register with pilot conunissioners.

311.01 Steam pilot boats.-The bar pilots for those ports of this state from which shall clear in any year, beginning January 1st and ending December 31st, for foreign ports, not less than one hundred and fifty steam vessels, which, loaded with their entire cargo in the ports from which they cleared, shall be required to carry on their business as such pilots in steam vessels of not less than fifty tons burden.

Hlstory.-§1, ch. 5224, 1903; GS 1314; RGS 2484; CGL 3894. .

311.02 Other pilot boats.-The bar pilots of all other ports of this state shall carry on their business as such pilots in steam or sail vessels of such tonnage or sizes as the board of pilot commissioners for such ports, respectively may deem suitable for such business, and shall license therefor.


311.03 Register with pilot commissioners.Before any pilot boat shall be used in the business of piloting, her tonnage and class, and the name of the managing owner thereof, shall be registered with the board of pilot commissioners of the port where she is to engage in such business, in a book to be kept for that purpose; and, on such registration she shall be numbered, and by such number licensed for the business of piloting on the

311.04 Piloting in unregistered boat; penalty. 311.05 License surrendered in certain cases. ·

bar of such port. And the board of pilot commissioners shall be entitled to a fee of ten dollars for every vessel so registered.


cf.-§310.15, Registration of pilot boats.

311.04 Piloting in unregistered boat; penalty.-Any person who shall conduct or engage in the business of piloting on the bar of any port in this state, in any boat or vessel that is not registered and licensed according to law, shall be punished by fine not exceeding one hundred dollars or by imprisonment not exceeding one month.

Hlstory.-§5, cb. 5224, 1903; GS 3738; RGS 5763; CGL 7993. ct.-§775.06, Alternative punishment.

§310.16, Penalty for piloting In unregistered boat.

311.05 License surrendered in certain cases. -Whenever a vessel registered and licensed shall cease to be employed in the business of piloting for the port where she is registered, her managing owner shall, within ten days thereafter, notify the pilot commissioners of such port and surrender to them her license, and she shall not thereafter be used as a pilot boat for such port, unless re-registered and licensed.

Hlstory.-§5, ch. 5224, 1903; GS 1317; RGS 2487; CGL 3897. cf.-§310.16, Penalty for failure to notify commissioners of

discontinuance of piloting.

1129 INCORPORATION OF PILOTS §312.04

CHAPTER 312 INCORPORATION OF PILOTS

312.01 Pilots may inco~te themselves. 312.02 Incorporation provisiOns. 312.03 By-laws; stockholders to be pilots.

312.01 Pilots may incorporate themselves.Any three or more full branch bar pilots for any po:t of this state may incorporate thems.elv~~ ~n the ~anner and with the rights and hab1hties heremafter prescribed.

38rs~story.-§1, ch. 5227, 1903; GS 1318; RGS 2488; CGL

312.02 Incorporation provisions.- All the provi~ions of t?e laws of Florida relating to the mcorporabon of any other corporation shall be followed in the procurement of letters patent for such corporations.


312.03 By-laws; stockholders to be pilots.The stockholders of the corporation may provide, by by-laws or by means of an agreement made preliminary to their application for a char~er, that the. stockholders shall consist only of pilots duly licensed to be such in and for the port of which they are incorporated; that each stockholder shall, except as provided by by-laws, devote his time and skill to the corporation, and not enter into competition there";ith under penalties to be fixed by the corporabon; that the fees and earnings accruing to each stockholder as a pilot shall belong to and be collected by the corporation; that the shares of stock sh~ll not be transferable except to the corpora~wn, or to a duly licensed pilot of the port, With the consent of the corporation· that upon the death of any stockholder, hi~ st~ck shall belong to the corporation at such pnce and on such terms as may be provided

312.04 Corporation not responsible for loss in certain cases.

in the by-laws; that when any stockholder shall cease to be an active pilot of the port for which he is licensed, his share of stock shall draw only two thirds of the dividends of earnings drawn by the shares held by stockholders who are active pilots of the port; that any stockholder who has not become a retired pilot, but who does not engage actively in piloting for the port, but shall perform other services for the corporation, shall receive earnings or dividends upon his share of stock in pursuance of such agreement as may be made between him and the corporation at the time his stock is issued to him, or at any time thereafter; that no stockholder shall mortgage, hypothecate or pledge his stock without the consent of the corporation.


312.04 Corporation not responsible for loss in certain cases.-All the rights, powers and liabilities conferred or imposed by the laws of Florida relating to corporations for profit, shall apply to corporations organized under this chapter, except so far as inconsistent with the terms hereof or with the by-laws made in pursuance of the authority conferred by this

·Chapter. The corporation, however, shall not be responsible for any loss or damage accruing by any vessel through the negligence of any stock-holding pilot, but such stockholder shall be individually liable to the same extent as if he were not a stockholder.

39g~story.-§4, ch. 5227, 1903; GS 1321; RGS 2491; CGL

§313.01 HARBOR MASTERS FOR PORTS IN GENERAL 113()

CHAPTER 313

HARBOR MASTERS FOR PORTS IN GENERAL

:!13.01 Appointment and removal of harbor masters.

313.02 Bond. 313.03 Deputies.

313.01 Appointment and removal of harbor masters.-The governor shall appoint, by and with the consent of the senate, all harbor mas- · ters required for the several ports of this state. They shall hold their offices for the term of two years, unless sooner removed. The governor may make such appointment or fill any vacancy in such office, between the sessions of the legislature, by appointment ad interim. Such harbor masters shall be ex-officio members of the board of port wardens and pilot commissioners for their respective ports. Any harbor master may be removed for neglect or breach of duty.

Hlston.-§§1, 4, ch. 3306, 1881; RS 963; §1, ch. 5223, 1903; GS 1322 ; RGS 2492; CGL 3902. cf.-Ch. 314, Harbor masters for certain ports.

313.02 Bond.-Every harbor master appointed for any port shall give an approved bond in the sum of five hundred dollars, payable to the governor of the state, for the faithful performance of his duty, such bond to be approved by the county commissioners of the county in which the port is situated, and by the comptroller, and to be filed with the secretary of state.

Hlstory.-Ch. 3602, 1885 ; RS 954; GS 1323; RGS 2493; CGL 3903.

313.03 Deputies.-Each harbor master may appoint as many deputies as he shall require for the needs of his port, such deputies to be paid by such harbor master.

History.-Ch. 3602, 1885; RS 955; GS 1324; RGS 2494; CGL 3904.

313.04 Duties.-Every master of any . vessel arriving at the ports in this state shall report to the harbor master for a station, or for a berth at the wharves, and the harbor master shall regulate and station or assign berths at the wharves to said vessel; and the harbor master shall remove or cause to be removed, from time to time, all vessels not employed in receiving or discharging their cargoes to make room for such others as re-

313.04 Duties. 313.05 Compensation. 313.06 Obstructing or resisting harbor masters;

penalties.

quire to be more immediately accommodated for the purpose of receiving and discharging their cargoes, and to facilitate their dispatch. Sa id harbor masters shall be present at all times, either in person or by deputy, to facilitate by stationing or assigning berths at the wharves to vessels arriving at the port, and to facilitate them in discharging and receiving their cargoes and to prevent confusion and delay. And the harbor masters shall have full and absolute power to determine how fa r and in what instance it is the duty of masters, and others having charge of vessels, to accommodate each other in their respective situations.

History .-RS 966 ; §2, ch. 5223, 1903; GS 1325; RGS 2495; CGL 3905.

313.05 Compensation.-Harbor masters, respectively, shall receive from the master, owner or consignee of vessels coming into the port for which he is appointed for the services rendered by himself or his deputy, under the provisions of this section, not exceeding the sum of twenty dollars for each vessel, according to the amount and value of the services rendered.


313.06 Obstructing or resisting harbor masters; penalties.-If any person, master, consignee, agent, wharfinger or wharf owner, lessee of a wharf or other person shall oppose or resist the harbor master or his deputies in the execution of duty, or disobey any order given by either of said officers as to the manner of removing or adjusting the rigging of any vessel under the control of such person, he shall be punished by fine not exceeding one thousand dollars or imprisoned not exceeding six months. Any master of a vessel who shall fail to report to the harbor master for a berth at the wharves, on arriving in port, shall be punished by fine not exceeding fifty dollars or imprisoned not exceeding thirty days.

Hlstory.-§1, ch. 3602, 1885; §8, ch. 3762, 1887; RS 2745, 2746; §2, ch. 6223, 1903; GS 3741; RGS 5766; CGL 7996. cf.-§775.06 Alternative punishment.

1131 HARBOR MASTERS FOR CERTAIN SPECIFIED PORTS §314.09

CHAPTER 314

HARBOR MASTERS FOR CERTAIN SPECIFIED PORTS 314.01 Appointment. 314.02 Bond. 314.03 To be ex-officio member of pilot commis

sioners, and observe rules. 314.04 Deputies. 314.05 -Duties as to boarding vessels, etc.

314.01 Appointment.-The governor shall appoint, by and with the advice and consent of the senate, one harbor master for each port in the State of Florida, into which have come, during the past five years, vessels of .five hundred tons burden and upwards, at the average rate of not less than two hundred and fifty vessels per year, according to the records of the United States customs house at or nearest the port for which such appointment shall be made. .... History.-§1, ch. 3762, 1887; RS 957; GS 1327; RGS 2497; CGL 3907. cf.-Ch. 313, Harbor masters for ports in general.

314.02 Bond.-Each harbor master so appointed shall enter into a bond in the penal sum of two thousand dollars, with two or more sureties, payable to the governor of the State of Florida and his successors in office, conditioned for the faithful discharge of the duties of his office, by himself and his deputies, and for the payment of any damage any person may sustain in consequence of any wrongful act of such officer or his deputy under color of his office; such bond to be approved by the county commissioners of the county in which is situated said port and by the comptroller, and to be filed with the secretary of state.


314.03 To be ex-officio member of pilot commissioners, and observe rules.-Such harbor master shall be ex-officio a member of the board of port wardens and pilot commissioners of the port for which he is appointed, and shall act in obedience to the rules of such boards in all matters within their jurisdiction, with reference to which they may establish rules.


314.04 Deputies.-Any harbor master so appointed may appoint deputies to assist him in the performance of his duties, he paying them for their services and being responsible for their acts.


314.05 Duties as to boarding vessel, etc.The harbor master, by himself or deputy, shall board every vessel entering the port for which he is appointed, after such vessel has been released by the health authorities of the port, demand of the master the certificate of the vessel's release by such health authorities and deliver the same within twenty-four hours to the secretary ·of the board of health; but it is unlawful for any such officer, in boarding such vessels under this section, to solicit from sur.h

314.06 Stationing vessels. 314.07 Duties as to the loading or unloading of

vessels. 314.08 Fees. 314.09 Change of station. 314.10 Recovery of double amount.

vessel any business either for himself or any one else, and any violation of this provision by any such officer shall subject him to removal from his said office, by the governor, if such violation be committed by the harbor master, and, if committed by any deputy harbor master, then, by the harbor master, who in such cases shall remove promptly such deputy.


314.06 Stationing vessels.-The master of every vessel arriving in a port for which a harbor master shall be appointed, under the provisions of this chapter, shall apply to such harbor master, or one of his deputies, for a station in the stream, or a berth at the wharves, and the harbor master or his deputy shall forthwith station such vessel in the stream or at the wharves, as the case may be, so as to best facilitate the loading or discharge of such vessel, and at the same time interfere as little as possible with other vessels in the vicinity; but in stationing vessels at wharves or assigning them berths thereat, he shall conform in every instance to the wishes of the managers of such wharves as to their location at the same.


314.07 Duties as to the loading or unloading of vessels.-The harbor master appointed under the provisions of this chapter shall be present at all times, either in person or by deputy, to facilitate the loading or unloading of vessels by assigning to them berths at the wharves, and by requiring each to accommodate others needing more immediate accommodation, in accordance with the provisions of §314.06.


314.08 Fees.-Such harbor master shall receive from the master, owner or consignee of vessels coming into the port for which he is appointed under this chapter, for the services rendered by himself or deputy, under the· provisions of this chapter, not exceeding the· sum of twenty dollars, according to the amount and value of the services rendered.


314.09 Change of station.-Should any vessel, after having been stationed by such harbor master, require a change of station, application shall be made by the manager of such wharf to such officer, and he shall make such change, for which he shall receive no

§314.10 HARBOR MASTERS FOR CERTAIN SPECIFIED PORTS 1132

compensation, unless the vessel requiring such change requires to be removed to another wharf or out into the stream.


314.10 Recovery of double amount.-Whenever any fee or compensation due the harbor master under the provisions of this chapter is

not paid within forty-eight hours from the rendition of the services for which the same is due, such officer may then demand the same from the master or his consignee, and upon refusal of payment may sue for and recover from the person owing the same double the amount which has been so demanded. cJll."~~~t-§10, ch. 3752, 1887; RS 967; GS 1336; RGS 2506;

317.01 317.02

317.03

317.04 317.05 317.06 317.07

317.08 317.09 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18

317.19

317.20

317.21 317.22 317.23 317.24 317.25 317.26

317.27 317.28 317.29 317.30

317.31 317.32 317.33 317.34 317.35

317.36 317.37 317.38 317.39 31.7.40

317.41 317.42

317.43

317.44

TITLE XXII MOTOR VEHICLES

CHAPTER 317

REGULATION OF TRAFFIC ON IDGHWAYS

Definitions. State road department may adopt sign man

ual. State road department may sign all state

highways. Obedience to and effect of traffic laws. Obedience to official traffic-control devices. Traffic-control signal legend. Accidents involving death or personal in-

juries. Accidents involving damage to vehicle. Duty to give information and render aid. Duty upon striking unattended vehicles. Duty upon striking fixtures upon a highway. Immediate reports of accidents. Written reports of accidents. When driver unable to report. Accident report forms. Coroners to report. Accident reports confidential. Department to tabulate and analyze acci

dent reports. Any incorporated city may require accident

reports. Driving while under the influence of intox-

icating liquor or narcotic drugs. Reckless driving. Speed restrictions. Minimum speed r egulation. Establishment of state speed zones. Drive on right side of roadway ; exceptions. Passing vehicles proceeding in opposite di-

rections. Overtaking and passing a vehicle. When overtaking on the right is permitted. Limitations on overtaking and passing. Further limitations on driving to left of

center of roadway. No-passing zones. Driving on roadways laned for traffic. Following too closely. Turning a t intersections. Turning on curve or crest of grade prohi-

bited. Starting parked vehicle. When signal required. Signals by hand and arm or signal device. Method of giving hand and arm signals. Vehicles approaching or entering intersec-

tions. Vehicle turning left at intersection. Vehicle entering through highway or stop

intersections. · Vehicle entering highway from private road

or driveway. Stopping, standing, or parking outside of

municipalities.

317.45 317.46 317.47 317.48 317.49 317.50

317.51

317.52

317.53

317.54 317.55 317.56 317.57 317.58 317.59

317.60

317.61 317.62 317.63 317.64 317.65

317.66

317.67

317.68

317.69 317.70 317.71 317.72

317.73 317.74 317.75 317.76 317.77 317.78 317.79 317.80

317.81

317.82

317.83

317.84 317.85 317.86

1133

Scope and effect of regulations: equipment. When lighted lamps are required. Head lamps on motor vehicles. Tail lamps. Application of succeeding sections. Additional equipment required on certain

vehicles. Color of clearance lamps, side marker lamps,

and reflectors. Mounting of reflectors, clearance lamps, and

side marker lamps. Visibility of reflectors, clearance lamos and

marker lamps. Performance of stop lights. Lamp or flag on projecting load. Lamps on other vehicles and equipment. Signal lamps and signal devices. Headlight requirements. Requirements for use of lower beam and

auxiliary lights. Requirements for trucks hauling logs and

pulp wood. Brake equipment required. Horns and warning devices. Mufflers, prevention of noise. Mirrors. Windshields must be unobstructed and

equipped with wipers. Certain vehicles to carry flares or similar

devices. Display of warning devices when vehicle dis

abled. Inspection of vehicles; vehicles without re-

required equipment or in unsafe condition. Inspections by officers of the department. Penalties. Uniformity of interpretation. Motor vehicles, throwing advertising mate-

rials in : penalties. Motor vehicle safety law. Definitions. Violations unlawful. Maximum width, height, length. Maximum weights. Construction and loading requirements. Towing requirements. Weight and load unlawful; inspection; pen

alty. Operations not in conformity with law;

special permits. Weight, load, speed limits may be lowered;

condition precedent. Damage to highways; liability of driver and

owner. Motor vehicle lamps; equipment authorized. Same; arrangement. Approaching vehicle; distribution of light.

§317.01 REGULATION OF TRAFFIC ON HIGHWAYS 1134

317.87 Motor vehicles; single distribution lamps, when permitted.

317.88 Motor vehicles; minimum head lamp requirement.

317.89 Head lamps, auxiliary lamps; number to be displayed.

317.90 Certain lights prohibited; exception.

317.01 Definitions. - The following words and phrases, when used in this chapter shall, for the purpose of t~is chapter, ~ave ~he m~anings respectively ascnbed to them m th1s sectwn.:

(1) AUTHORIZED EMERGENCY VEHICLE. Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations a!! are designated or authorized by the director of the department of public safety or the chief of police of an incorporated city.

(2) BUS. Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

(3) BUSINESS DISTRICT. The territory contiguous to, and including, a highway when fifty per cent or more of the frontage thereon, for a distance of three hundred feet or more, is occupied by buildings in use for business.

(4) DAYTIME. Daytime means from a half hour before sunrise to a half hour after sunset. Night time means at any other hour.

(5) DEPARTMENT. The department of public safety.

(6) DIRECTOR. Director of the department of public safety.

(7) DRIVER. Every person who drives or is in actual physical control of a vehicle.

(8) INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines; or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(9) LANED HIGHWAY. A highway, the roadway of which is div'ided into three or more clearly marked lanes for vehicular traffic.

(10) MOTORCYCLE. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(11) MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(12) OFFICIAL TRAFFIC CONTROL DEVICES. All signs, signals, markings, and devices, not inconsistent with thi.s chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

(13) OFFICIAL TRAFFIC CONTROL SIG. NAL. Any device, whether manually, electric-

317.91 Transportation of explosives, etc. 317.92 Health and sanitation hazards. 317.93 Enforcement of law; inspections, etc. 317.94 Administration and enforcement. 317.95 Penalties. 317.96 Reregistration of certain motor vehicles not

conforming with §317.77.

ally, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

( 14) OWNER. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or leasee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or leasee or mortgagor shall be deemed the owner, for the purpose of this chapter.

(15) PEDESTRIAN. Any person afoot. (16) PERSON. Every natural person, firm,

copartnership, association, or corporation. (17) POLE TRAILER. Every vehicle with

out motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or ?the:wise secured to the towing vehicle, and ordmanly used for transporting long or irregular shaped loads such as poles, pipes, or structural members capable, generally, of sustaining thems~lves as beams between the supporting connectwns.

(18) POLICE OFFICER. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

(19) RESIDENCE DISTRICT. The territory contiguous to, and including, a highway not comprising a business district when the property on such highway, for a distance of three hundred feet or more, is in the main improved with residence or residences and buildings in use for business.

(20) ROADWAY. That portion of a highway improved, designed, or ordinarily used for vehicular travel.

(21) SEMI-TRAILER. Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

(22) STREET OR HIGHWAY. The entire width between the boundary of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.

(23) THROUGH HIGHWAY. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter.

(24) TRAFFIC LAWS APPLY TO PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES. Eyery person riding

1135 REGULATION OF TRAFFIC ON HIGHWAYS §317.06

an animal or driving any animal-drawn vehicle upon a roadway shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application.

(25) TRAILER. Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

(26 ) TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property.

(27) TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(28) VEHICLE. Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human . power or used exclusively upon stationary rails or tracks.

History.-§§1, 2, ch. 20578, 1941; am. §7, ch. 22858, 1945.

317.02 State road department may adopt sign manuaL-The state road department may adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter, for use upon highways within this state. Such uniform system shall correlate with, and so far as possible conform to, the system then current as approved by the American association of state highway officials.

Hlstory.-§3, ch. 20578, 1941.

317.03 State road department may sign all state highways.-The state road department may place and maintain such traffic-control devices, conforming to its manual and specifications, upon all state highways outside of municipalities as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

History .-§3, ch .. 20578, 1941.

317.04 Obedience to and effect of traffic laws.-

(1) PROVISIONS OF ACT REFERRING TO VEHICLES UPON THE HIGHWAYS; EXCEPTIONS. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways outside of municipalities, except:

(a) Where a different place is specifically referred to in a given section.

(b) The provisions of §§317.07-317.21 shall apply upon highways and elsewhere throughout the state.

(2) REQUIRED OBEDIENCE TO TRAFFIC LAWS. It is · unlawful and, unless otherwise declared in this chapter with respect to particular offense, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required, in this chapter.

(3) OBEDIENCE TO POLICE OFFICERS. No person shall willfully fail or refuse to com-

ply with any lawful order or direction of any police officer invested by law with the authority to direct, control, or regulate traffic.

(4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY ACT; EXCEPTIONS.

(a) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, State of Florida, or any county, city, town. district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles. .

(b) The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop signs shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.

(c) No driver of any authorized emergency vehicle shall assume any special privilege under this chapter, except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.

(d) The provisions of this chapter shall not apply to persons, t eams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

IIi story .-§4, ch. 20578, 1941.

317.05 Obedience to official traffic-control devices.-No driver of a veh icle or motorman of a street car shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.

Jlistory .-§5, ch. 20578, 1941.

317.06 Traffic-control signal legend.-Whenever traffic is controlled by traffic-control signals. exhibiting the words "go", "caution", or "stop". or exhibiting different colored lights successively, one at a time, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

( 1) Green, alone, or "go". (a) Vehicular traffic facing the signal may

proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the rightof-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.

(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(2) Yellow, alone, or ''caution" when shown following the green or "go" signal.

(a) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be


made in safety a vehicle may be driven cautiously through the intersection.

(b) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

(3) Red, alone, or "stop" . (a) Vehicular traffic facing the signal shall

stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line and shall remain standing until green or " go" is shown alone.

(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

History.-§6, ch. 20578, 1941.

317.07 Accidents involving death or personal injuries.-

(!) The driver of any vehicle involved in an accident resulting in injury to, or death of, any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of ~317 . 09. Every such stop shall be made without obstructing traffic more than is necessary.

(2) Any person failing to stop or to comply with said requirement under such circumstances shall upon conviction be punished by imprisonment for not more than one year or by fine of not less than twenty-five dollars nor more than five thousand dollars, or by both such fine and imprisonment.

(3 ) The department shall revoke the operator's or chauffeur's license of the person so convicted.

Histcry.-§7, ch. 20578, 1941. cf.-§322.26, Revocation of license on conviction for failure

to stop.

317.08 Accidents involvin~ dama~e to vehicle.-The driver of anv vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of §317.09. Every stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor.

Hlstory .-§8, ch . 20578, 1941. cf.-§322.26, R evocation of license on conviction for failure

to stop.

:n 7.09 Duty to ~rive information and render aid.-The driver of any vehicle involved in an accident resulting in injury to. or death of, any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the

vehicle he is driving; and shall upon request exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. ·

Hlstory.-§9, ch. 20578, 1941; am. §7, ch. 22858, 1945.

317.10 Duty upon striking unattended vehicles.-The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a ·written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

llistory.-§10, ch. 20578, 1941.

317.11 Duty upon striking fixtures upon a highway.-The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner, or person in charge of such property, of such fact and of his name and address and of the registration number of his vehicle he is driving; and shall upon request and if available exhibit the operator's or chauffeur's license and shall make report of such accident when and as re~ quired in §317.13.

llistory.- §11, ch. 20578, 1941.

317.12 Immediate reports of accidents.-(1 ) The driver of a vehicle involved in an

accident resulting in injury to, or death of, any person shall immediately by the quickest means of communication give notice of such accident to the local police department, if such accident occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida highway patrol.

(2) Every coroner, or other official performing like functions, upon learning of the death of a person in his jurisdiction as the result of a traffic accident shall immediately notify the nearest office or station of the department.

History .-§12, ch. 20578, 1941.

317.13 Written reports of accidents.-( I) The driver of a vehicle involved in an

accident resulting in injury to, or death of, any person or total property damage to an apparent extent of fifty dollars or ·more shall, within twenty-four hours after such accident, forward a written report of such accident to the department.

(2) The department may require any driver of a vehicle involved in an accident, of which report must be made as provided in this section,


to file supplemental reports, whenever the original report is insufficient in the opinion of the deoartment, and may require witnesses of accidents to render reports to the department.

(3) Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident, or thereafter by interviewing participants or witnesses shall, within twenty-four hours after completing such investigation, forward a written report of such accident to the department. .

Hlstory.-§13, ch. 20578, 1941.

317.14 When driver unable to report.-Whenever the driver of a vehicle is physically incapable of making an immediate or a written report of an accident, as required in §§317.12 and 317.13, and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report not made by the driver.

Hlstory.-§14, ch. 20578, 1941.

317.15 Accident report forms.-(1) The department shall prepare and upon

request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, forms for accident reports required hereunder, appropriate with respect to the persons required to make such reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the cause, conditions then existing, and the persons and vehicles involved.

(2) Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all the information required therein unless not available.

Hlstory.-§15, ch. 20578, 1941.

317.16 Coroners to report.-Every coroner, or other official performing like functions, shall, on or before the tenth day of every month, report in writing to the department the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.

II!story.-§16, ch. 20578, 1941.

317.17 Accident reports confidentiaL-All accident reports made by persons involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. · No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the de-

partment shall furnish upon demand of any person who has, or claims to have, made such a report or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirements that such a report be made to the department.

Hlstory.-§17, ch. 20578, 1941.

317.18 Department to tabulate and analyze accident reports.-The department shall tabulate and may analyze all accident reports and shall publish, annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.

Hlstory.-§18, ch. 20578, 1941.

317.19 Any incorporated city may require accident reports.-Any incorporated city, town, village, or other municipality may, by ordinance, require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of such accident or a copy of any report herein required to be filed with the department. All such reports shall be for the confidential use of the city department and subject to the provisions of §317.17.

History.-§19, ch. 20578, 1941.

317.20 Driving while under the influence of intoxicating liquor or narcotic drugs.-

(1) It is unlawful and punishable as provided in subdivision (2) for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs, when affected to the extent that his or her normal faculties are impaired, to drive or be in the actual physical control of any vehicle within this state.

(2) Every person who is convicted of a violation of this section shall be punished by imprisonment for not more than six months, or by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by both such fine and imprisonment. On a second or subsequent conviction he shall be punished by imprisonment for not less than ten days nor more than six months and, in the discretion of the court, a fine of not more than five hundred dollars.

Hlstory.-§20, ch. 20578, 1941. cf.-§860.01 Driving w hile Intoxica t ed.

317.21 Reckless driving.-(!) Any person who drives any vehicle in

willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(2) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not more than ninety days, or by fine of not less than twenty-five dollars, nor more than five hundred dollars, or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not more than six months, or by a fine of not less than fifty dollars


nor mor J than one thousand dollars, or by both such fine and imprisonment.

History.-§21, ch. 20578, 1941; am. §7, ch. 22000, 1943.

317.22 Speed restrictions.-(!) No person shall drive a vehicle or1 a high

way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, In every event speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(2) Where no special hazard exists the following speeds shall be lawful but any speed in excess of said limits shall be prima facie evidence of reckless driving:

(a) Twenty-five miles per hour in any business or residence district.

(b) Sixty miles per hour in other locations during the daytime.

(c) Fifty miles per hour in such other locations during the night time.

(3) Every motor vehicle of a gross weight in excess of eight thousand pounds, unless equipped with pneumatic tires and designed for carrying passengers, shall observe the following speed limits in addition to the basic rule as set forth in subsection (1):

(a) Twenty-five miles per hour in any business or residence district.

(b) Fifty miles per hour in other locations during the daytime.

(c) Forty-five miles per hour in such other locations during night time. ·

For the purposes of this subsection, any speed in excess of the above shall be considered prima facie evidence of reckless driving.

(4) No school bus shall exceed the maximum speed limit of forty miles per hour on highways outside of municipalities; twenty-five miles per hour in any business or residence district.

(5) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

History.-§22, ch. 20578, 1941. ct.-317.21, Reckless driving.

317.23 Minimum speed regulations.-N o person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

Police officers are hereby authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision, and refusal to comply with direction of an officer in accordance here-

with the continued slow operation by a driver shall be a misdemeanor.

Hlstory.-§23, ch. 20578, 1941.

317.24 Establishment of state speed zones.Whenever the state road department shall determine, upon the basis of an engineering and traffic investigation, that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of municipalities, said state road department, may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the highway.

History.-§24, ch. 20578, 1941.

317.25 Drive on right side of roadway; exceptions.-Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

( 1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When the right half of a roadway is closed to traffic while under construction or repair;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway designated and signposted for one way traffic.

History.-§25, ch. 20578, 1941.

317.26 Passing vehicles proceeding in opposite directions.-Drivers of vehicles proceeding in opposite directions shall pass each other to the right; and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway, as nearly as possible.

Hlstory.-§26, ch. 20578, 1941.

317.27 Overtaking and passing a vehicle.The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Hist-ory.-§27, ch. 20578, 1941.

317.28 When overtaking on the right is permitted.-

(1) The driver of a vehicle may overtake and


pass upon the right of another vehicle which is making or about to make a left turn.

(2) The driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width

. for four or more lines of moving traffic when such movement can be made in safety. No person shall drive off the pavement or upon the shoulder of the roadway in overtaking or passing on the right.

History.-§28, ch. 20578, 1941.

317.29 Limitations on overtaking and passing.-No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.

History.-§29, ch. 20578, 1941.

317.30 Further limitations on driving to left of center of roadway.-

(!) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(a) When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(b) When "approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.

(d) The foregoing limitations shall not apply upon a one-way roadway.

History .-§30, ch. 20578, 1941.

317.31 No-passing zones.-The state road department is authorized to determine those portions of any highway outside of municipalities where overtaking and passing. or driving to the left of the roadway would be especially hazardous; and may, by appropriate signs or marks on the roadway indicate the beginning and end of such zones; and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

Hlstory.-§31, ch. 20578, 1941.

317.32 Driving on roadways laned for traffic.-Whenever any roadway has been divided into three or more clearly marked lanes for

traffic the following rules, in addition to all others consistent herewith, shall apply:

(1) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that SUI'h movement can be made with safety.

(2) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.

(3) Official signs may be erected, directing slow-moving traffic to use a designated lane, or allocating specified lanes to traffic moving in the same direction; and drivers of vehicles shall obey the directions of every such sign.

Hlstory.-§32, ch. 20578, 1941.

317.33 Following too closely.-(!) The driver of a motor vehicle shall not

follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.

(2) The driver of any motor truck, or motor truck drawing another vehicle, when traveling upon a roadway outside of a business or residence district, shall not follow within one hundred fifty feet of another motor truck or motor truck drawing another vehicle. The provisions of this subdivision shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks.

Hlotory .-§33, ch. 20578, 1941.

317.34 Turning at intersection.-The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) Both the approach for a right turn, and right turn, shall be made as close as practical to the right-hand curb or edge of the roadway.

(2) Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.

History .-§34, ch. 20578, 1941.

317.35 Turning on curve or crest of grade prohibited.-No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.

Hlstory.-§35, ch. 20578, 1941.

317.36 Starting parked vehicle.-No person shall start a vehicle which is ·stopped, standing,


or parked, unless and until such movement can be made with reasonable safety.

History.-§36, ch. 20578, 1941.

317.37 When signal required.-(!) No person shall turn a vehicle from a

direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by such movement.

(2) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is opportunity to give such signal.

History.-§37, ch. 20578, 1941.

317.38 Signals by hand and arm or signal device.-The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal device of a type approved by the department; but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then said signals must be given by such a lamp device.

Hlstory.-§38, ch. 20578, 1941.

317.39 Method of giving hand and arm signals.-All signals herein required, given by hand and arm, shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

(1) Left turn. Hand and arm extended horizontally.

(2) Right turn. Hand and arm extended upward.

(3) Stop or decrease speed. Hand and arm extended downward.

History.-§39, ch. 20578, 1941.

317.40 Vehicles approaching or entering intersection.-

(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(3) The foregoing r u 1 e s are modified at through highways and otherwise, as hereinafter stated.

History.-§40, ch. 20578, 1941.

317.41 Vehicle turning left at intersection. -The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an

immediate hazard; but said driver, having so yielded and having given a signal when and as required by this chapter, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.

History .-§41, ch. 20578, 1941.

317.42 Vehicle entering through highway or stop intersection.-

(!) The driver of a vehicle · shall stop, as required by this chapter, at the entrance to a through highway and shall yield the right-ofway to other vehicles which have entered the intersection from said through highway or which are approaching so closely on said through highway as to constitute an immediate hazard· but said driver, having so yielded, may proceed and the driver of au ocner vemcle:s approaching the intersection on said through highway shall yiel~ th~ right-of-way to the vehicle so proceedmg mto or across the through highway.

(2) The driver of a vehicle shall likewise stop in obedience to a stop sign, as required herein, at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to con"titute an immediate hazard, but may then proceed.

History.-§42, ch. 20578, 1941.

317.43 Vehicle entering highway from private road or driveway.-The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield 'the right-of-way to all vehicles approaching on said highway.

Histo•·y.-§43, ch. 20578, 1941.

317.44 Stopping, standing, or parking outside of municipalities.-

(!) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of state highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of two hundred feet in each direction upon such highway.

(2) This section shall not apply to the driver or owner of any vehicle which is disabled, while on the paved or main traveled portion of a highway, in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position, or to passenger carrying buses temporarily parked while loading or discharging passengers, where highway conditions render such parking off the paved portion of the highway hazardous or impractical.

Hlstory.-§44, ch. 20578, 1941.


317.45 Scope and effect of regulations; equip-ment.-

(1) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts, or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden, or fail to perform any act required, under this chapter.

(2) Nothing contained in this chapter shall · be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.

(3) The provisions of this chapter, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except as herein made applicable.

History .-§45, ch. 20578, 1941.

317.46 When lighted lamps are required.(!) Every vehicle upon a highway within this

state at any time from a half hour after sunset to a half hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead, shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.

(2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subdivision (1) upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.

( 3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands.

llistory .-§46, ch. 20578, 1941. cf.-§323.13, Equipment required.

317.47 Head lamps on motor vehicles.-(1) Every motor vehicle, other than a motor

cycle, shall be equipped with at least two head lamps, with at least one on each side of the front of the motor vehicle; which head lamps shall comply with the requirements and limitations set forth in this chapter.

(2) Every motorcycle shall be equipped with at least one, and not more than two, head lamps which shall comply with the requirements and limitations of this chapter.

History.-§47, ch. 20578, 1941. cf.-§323.l.,q, Equipment required.

317.48 Tail lamps.-(1) Every motor vehicle, trailer, semi-trailer

and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred feet to the rear; provided, that in the case of a train of vehicles only the tail. lamp on the rearmost vehicle need actually be seen from the distance specified.

(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

Hisiory.-§48, ch. 20578, 1941. cf.-§323.13, Equipment required.

317.49 Application of succeeding sections.The sections of this chapter immediately following, relating to clearance and marker lamps, reflectors, and stop lights, shall apply as stated in said sections to vehicles of the type therein enumerated; namely, passenger buses, trucks, truck tractors, and certain trailers, semi-trailers and pole trailers, respectively, when operated upon any highway; and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in §317.46.

Hlstory.-§49, ch. 20578, 1941.

317.50 Additional equipment required on certain vehicles.-In addition to other equipment required in this chapter, the following vehicles shall be equipped as herein stated under the conditions stated in §317.49:

(1) On every bus or truck, whatever its size, there shall be the following:

On the rear, two reflectors, one at each side, and one stop light.

(2) On every bus or truck eighty inches or more in over-all width, in addition to the requirements in subparagraph (1) :

On the front, two clearance lamps, one at each side.

On the rear, two clearance lamps, one at each side.

On each side, two side marker lamps, one at or near the front and one at or near the rear.

On each side, two reflectors, one at or near the front and one at or near the rear.

(3) On every truck tractor: On the front, two clearance lamps, one at.

each side. On the rear, one stop light. ( 4) On every trailer or semi-trailer having a-.

gross weight in excess of three thousand pounds: On the front, two clearance lamps, one at

each side. On each side, two side marker lamps, one at;

or near the front and one at or near the rear ..


On each side, two reflectors, one at or near the front and one at or near the rear.

On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stop light. .

( 5) On every pole trailer in excess of three thousand pounds gross weight:

On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side, and rear.

On the rea1; of the pole trailer or load, two reflectors, one at each side. ·

(6) On every trailer, semi-trailer, and pole trailer weighing three thousand pounds gross, or less:

On the rear two reflectors, one on each side. If any trailer 'or semi-trailer is so loaded, ~r is of such dimensions as to obscure the stop hght on the towing vehicle, then such vehicle shall also be equipped with one stop light.

Hlstory.-§50, ch . 20578, 1941. cf.-§323.13, Equipment required.

317.51 Color of clearance lamps, side marker lamps, and reflectors.-

(!) Front clearance lamps and those marker lamps and r-eflectors mounted on the ~ront, or on the side near the front, of a veh1cle shall display or reflect an amber color.

(2) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light used o~ly to illuminate the license plate shall be white as provided in subsection (2) of §317 .48.

Hlsto ry.-§51, ch. 20578, 1941. cf.-§323.13, Equipment required.

317.52 Mounting of reflectors, clearance lamps, and side marker lamps.-

( 1) Reflectors shall be mounted at a height not less than twenty-four inches and not hig~er than sixty inches above the gro~nd on ~hich the vehicle stands; except, that If the high_est part of the permanent structure of the vehicle i s less than twenty-four inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit.

The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

Any required red . reflector ?n the re~r of a vehicle may be incorporated with the tall lamp, but such reflector shall meet all the other reflector requirements of this chapter.

<( 2) Clearance lamps shall be mounted on the permanent structure of the vehicle i~ such a manner as to indicate its extren:e width, and as near the top thereof as practicable. Clearance lamps and side ma~ker l.amps. may be. mo~mted in combination, provided Illummatwn IS given as required herein with reference to both.

History .-§52, ch. 20578, 1941. ct.-§323.13, Equipment required.

317.53 Visibility of reflectors, clearance lamps and marl{er lamps.-

(1) Every reflector upon any vehicle, referred to in §317.51, shall be of such size and characteristics and so maintained as to be readily visible at night time from all distances within five hundred feet to fifty feet from the vehicle when directly in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.

(2) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of five hundred feet from the front and rear, respectively, of the vehicle.

(3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions, at the times lights are required, at a distance of five hundred feet from the side of the vehicle on which mounted.

History .-§53, ch. 20578, 1941. cf.-§323.13, Equipment required.

317.54 Performance of stop lights.-(1) Stop lights shall be actuated upon appli

cation of the service (foot) brake, and shall be capable of being seen and distinguished from a distance of one hundred feet to the rear of the vehicle in normal daylight, but shall· not project a glaring or dazzling light.

(2) A stop light may be incorporated with a tail lamp.

mstory.-§54, ch. 20578, 1941.

317.55 Lamp or flag on projecting load.Whenever the load upon any vehicle extends to the rear four feet or more, beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in §317.46, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches square.

Hlstory.-§55, ch. 20578, 1941.

317.56 J. .. amps on other vehicles and equipment.-All vehicleR, including animal-drawn vehicles and including those referred to in subsection (3) of §317.45, not hereinbefore specifically required to be equipped with lamps, shall, at the time specified in §317 .46, be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear.

Hlstory.-§56, ch. 20578, 1941.

317.57 Signal lamps and signal devices.( 1) Any motor vehicle may be equipped, and


when a signal lamp or device is required under this chapter shall be equipped, with a signal lamp or signal device which is so constructed and locat ed on the vehicle as to give a signal of intention to stop, which shall be red or yellow in color, and signals of intention to turn to the right or left, all of which signals shall be plainly visible and understandaole in normal sunlight and at night from a distance of one hundred feet to the front and rear, but shall not proj ect a glaring or dazzling light; except, that a s top signal need be visible only from the rear.

(2) All mechanical signal devices shall be self-illuminated when in use a t the times mentioned in ~317 .46.

History.-§57, ch . 20578, 1941.

317.58 Headlight requirements.-The headlights required under this chapter shall be of such intensity that when lighted they will reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading.

H istory.-§58, ch. 20578, 1941.

317.59 Requirements for use of lower beam and auxiliary lights.-When the headlights, as required under this chapter, are multi-beam, the lower or passing beam shall be used at all times when approaching within five hundred feet of an oncoming vehicle; and all auxiliary lights, other than those required by this chapter, shall be extinguished until such vehicle has passed.

History .-§59, ch. 20578, 1941.

317.60 Requirement for trucks hauling logs and pulp wood.-lt shall be the duty of every owner, licensee and driver, severally, of any truck or wagon carrying logs or pulp wood, to use such stanchions, standards, stays, supports or other equipment, appliances or contrivances, together with one or more lock chains, so as to fasten such load securely to the truck or wagon. Any person violating the provisions hereof shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Histoey.-§59-A, ch. 20578, 1941.

317.61 Brake equipment required.-( 1) Every motor vehicle, other than a motor

cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of, and to stop and hold, such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constr ucted that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

(2) Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot.

(3) Every trailer or semi-trailer of a gross weight of three thousand pounds or more, when operated upon a highway shall be equipped with brakes adequate to control the movement of, and to stop and to hold, such vehicle; and so designed as to be applied by the driver of the towing motor vehicle from its cab; and said brakes shall be so designed and connected that in case of an accidental breakway of the towed vehicle the brakes shall be automatically applied.

( 4) Performance ability of brakes. Every motor vehicle, or combination of motor-drawn vehicles, shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smoot h, level road f ree from loose material, upon application of the service (foot) brake, within the distance specified below, or shall be capable of bei.ng decelerated at a sustained rate corresponding to these distances:

Vehicles, or combinations of vehicles, having brakes on all wheels: -----------------· ______________ ____ _

Vehicles, or combinations of vehicles, not having brakes on all wheels: --------------------------------

Feet D ecelera-t o s t op tion from 20 In fee t

miles p e r p e r h o u r secon d

30 14

40 10.7

(5) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable, with respect to the wheels on opposite sides of the vehicle.

History.-§60, ch. 20578; 1941. ct.-§323.13, Equipment required.

317.62 Horns and warning devices.-(1) Every motor vehicle when operated upon

a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a highway.

(2) No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this chapter.

History .-§61, ch. 20578, 1941. ct.-§323.13, Equipment required.

317.63 Mufflers, prevention of noise.-Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway.

History.-§62, ch. 20578, 1941.

317.64 Mirrors.-Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof, from the driv-


er's position, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle.

History.-§63, ch. 20578, 1941. cf.-§323.13, Equipment required.

317.65 Windshields must be unobstructed and equipped with wipers.-

(1) No person shall drive any motor vehi?le with any sign, or other nontransparent matenal upon the front windshield, sidewings, side or rear windows of such vehicle, other than a certificate or other paper required to be so displayed by law.

(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(3) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

History.-§64, ch. 20578, 1941.

317.66 Certain vehicles to carry flares or similar devices.-

(1) No person shall operate any motor truck, passenger bus, or truck tractor upon any highway outside the corporate limits of municipalities at any time from a half hour after sunset to a half hour before sunrise, unless there shall be carried in such vehicle the following equipment, except as provided in subsection (2):

(a) At least three flares or three red electric lanterns each of which shall be capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at night time.

Each flare (liquid-burning pot torch) shall be capable of burning for not less than twelve hours in five miles per hour wind velocity, and capable of burning in any air velocity from zero to 40 miles per hour. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every such flare shall be carried in the vehicle in a metal rack or box. Every such red electric lantern shall be capable of operating continuously for not less than twelve hours and shall be substantially constructed so as to withstand reasonable shock without breakage.

(b) At least three red-burning fusees, unless red electric lanterns are carried.

Every fusee shall be made in accordance with . speci:fications of the Bureau of Explosives, New York, and so marked, and shall be capable of burning at least fifteen minutes.

(c) At least two red cloth flags, not less than twelve inches square, with standards to support same.

(2) No person shall operate, at the time and under the conditions stated in subsection (1), any motor vehicle used in the transportation of inflammable liquids in bulk, or transportin_gcompressed inflammable gases, unless there shall be carried in such vehicle three red electric lanterns meeting the requirements above stated

and there shall not be carried in any said vehicle any flares. fusees, or signal produced bv a flame.

History.-§65, ch. 20578, 1941.

317.67 Display of warning devices when vehicle disabled.-

(1) Whenever any motor truck, passenger bus, truck tractor, trailer, semi-trailer, or pole trailer is disabled upon the traveled portion of any highway, or the shoulder thereof, outside of any municipality at any time when lighted lamps are required on vehicles, the driver of such vehicle shall display the following devices upon the highway during the time the vehicle is so disabled on the highway; except, as provided in subsection (2).

(a) A lighted fusee shall be immediately placed on the roadway at the traffic side of the motor vehicle, unless electric lanterns are displayed.

(b) Within the burning period qf the fusee and as promptly as possible three lighted flares (pot torches) or three electric lanterns shall be placed on the roadway as follows:

One at a distance of approximately one hundred feet in advance of the vehicle, one at a distance of approximately one hundred feet to the rear of the veh icle each in the center of the lane of traffic occupied by the disnbled vehicle, and one at the traffic side of the vehicle approximately ten feet rearward or forward thereof.

(2) Whenever any vehicle used in the transportation of inflammable liquids in bulk, or transporting compressed inflammable gases, is disabled upon a highway at any time mentioned in subsection ( 1), the driver of such vehicle shall display upon the roadway the following lighted warning devices:

(a) One red electric lantern shall be immediately placed on the roadway at the traffic side of the vehicle and two other red electric lanterns shall be placed to the front and rear of the vehicle in the same manner prescribed in subsection ( 1) above for flares.

When a vehicle of a type specified in this subsection is disabled, the use of flares, fusees, or any signal produced by flame as warning signals is prohibited.

(3) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway, or the shoulder thereof, outside of any municipality at any time when the display of fusees, flares, or electric lanterns is not required, the driver of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle. one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the vehicle.

( 4) The flares, fusees. lanterns. and flags to be displayed as required in this section shall conform with the requirements of §317.66 applicable thereto.

Hlstory.-§66, ch. 20578, 1941.


317.68 Inspection of vehicles; vehicles without required equipment or in unsafe condition.No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof, unless the equipment upon any and every said vehicle is in good working order and adjustment, as required in this chapter, and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.

History.-§67, ch . 20578, 1941.

317.69 Inspections by officers of the department.-

(1) The director, members of the state highway patrol, and such other officers and employees of the department as the director may designate, may, at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adj ustment or repair, require the driver of sucl1 vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate.

(2) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment within a period of forty-eight hours.

Hlstory.-§68, ch. 20578, 1941. cf.-§321.01 et seq., Highway patrol.

317.70 Penalties.-( I ) It is a misdemeanor for any person to

violate any of the provisions of this chapter, unless such violation is by this chapter or other law of this state declared to be a felony.

(2) Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter, for which another penalty is not provided, shall for first conviction thereof be punished by a fine of not more than one hundred dollars or by imprisonment for not more than ten days; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than twenty days or by both such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

History .-§69, ch. 20578, 1941.

317.71 Uniformity of interpretation.-This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

Hlstory.-§70, ch. 20578, 1941.

:l17.72 Motor vehicles, throwing advertising ~aterials in; penalties.-

(!) It is unlawful for any person on a public

street, roadway, highway or sidewalk, in the State of Florida, to throw in, or attempt to throw in any motor vehicle, or offer, or attempt to offer to any occupant of any motor vehicle, whether standing or moving, or to place or throw in any motor vehicle, any advertising matter relating to hotels, restaurants, apartment houses, tourist homes, tourist camps, motor courts, trailer parks, or other lodging facilities, or the rates in connection therewith, or upon such public street, roadway, highway or sidewalk, to solicit or attempt to solicit by folder or other printed matter patronage for any such place or places from any occupant of any motor vehicle whether standing or moving or to cause or secure any person or persons to do any one of such unlawful acts.

(2) It is unlawful to throw or place, or cause to throw in, or place in any motor vehicle while the same is moving along any public highway of this state or moving along any street in any municipality in this state, or is stopped on any public highway in this state, or on any street in any municipality of this state for the purpose of observing traffic rules, warnings or regulations, any pamphlet, booklet, literature or other advertising information or matter relating to hotels, restaurants, apartment houses, tourist camps, motor courts, trailer parks and other lodging and eating facilities in the State of Florida, or t he accommodation to be had thereat or the rates in connection therewith; or to solicit any occupant of said motor vehicle to become a guest of any hotel, restaurant, apartment house, tourist camp, motor court, trailer park, inn, or other lodging or eating place in the State of Florida; excepting therefrom, however, the right of any owner of any such place of business or his bona fide employee to solicit such business from the occupant or occupants of any automobile or vehicle parked within one hundred feet of his said place of business.

(3 ) Any person violating the provisions of the foregoing sections shall be deemed to have created a nuisance or traffic hazard, and upon conviction shall be punished by fine of not more than five hundred dollars or imprisonment in the county jail for not more than six months or both such fine and imprisonment at the discretion of the court.

History.-§§1-3, ch. 21768, 1943.

317.73 Motor vehicle safety law.-Sections 317.73-317.95 shall be known as the Florida motor vehicle safety law.

History.-Comp. §1, ch. 25342, 1949.

317.74 Definitions.-For the purpose of §§317.73-317.95, the following words, phrases, and terms are hereby defined as follows:

(1) VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(2) MOTOR VEHICLE. Every vehicle which is self propelled and every vehicle which is propelled by electric power obtained from


overhead trolley wires, but not operated upon rails.

(3) MOTORCYCLE. Every motor vehicle having a saddle or similar seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor.

(4) AUTHORIZED EMERGENCY VEHICLE. Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the public safety department or the chief of police of an incorporated municipality.

(5) TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(6) FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(7) ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

(8) TRUCK. Every motor vehicle designed, used, or maintained primarily for the transportation of property.

(9) BUS. Every motor vehicle designed for carrying more than seven passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

(10) TRAILER. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

(11) SEMITRAILER. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

(12) POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomer or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

(13) PNEUMATIC TIRES. Every tire in which compressed air is designed to support the load.

(14) EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly

used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effect on contiguous objects or of destroying life or limb.

(15) SADDLE MOUNT. An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground and only the rear wheels of the towed vehicle rest upon the ground.

(16) FLAMMABLE LIQUID. Any liquid which has a flash point of seventy degrees fahrenheit, or less, as determined by a tabliabue or equivalent closed-cup test device.

(17) GROSS WEIGHT. The weight of a vehicle including the load carried thereon.

(18) PERSON. Every individual, partnership, association, trust and corporation, and the receivers, assignees or agents of any of them.

(19) DRIVER. Every person who drives or is in actual physical control of a vehicle.

(20) OWNER. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of §§317.73-317.95.

(21) HIGHWAY. Any public road, street, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches thereto, within the limits of the State of Florida.

Hlstory.-Comp. §2, ch. 25342, 1949.

317.75 Violations unlawful.-It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in §§317.73-317.95 or otherwise in violation of §§317.73-317.95, and the maximum size and weight of vehicles herein specified shall be lawful throughout the state, and local authorities shall have no power or authority to alter said limitations except as express authority may be granted in §§317.73-317.95.

Hlstory.-Comp. §3, ch. 25342, 1949.

317.76 Maximum width, height, length.(1) The total outside width of any vehicle

or the load thereon shall not exceed ninety-six inches, except as otherwise provided in §§317.73-317.95.

(2) No vehicle shall exceed a height of


twelve feet six inches, inclusive of load carried thereon; provided, however, that automobile transports may be thirteen feet six inches when loaded. Nothing contained in this section shall permit the operation of any vehicle of a height in excess of twelve feet six inches except where clearances greater than that amount permit.

(3) No vehicle shall exceed a length of forty feet extreme over all dimension, inclusive of front and rear bumpers, and load carried thereon; provided, that any vehicle in excess of thirty-five feet, except buses, shall have not less than three axles. No combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of fifty feet, inclusive of load carried thereon; provided, that automobile tow-away or drive-away operations, transporting new or used trucks may use what is known to the trade as saddle mounts, provided the over all length shall not exceed fifty feet and in no instance may more than two saddle mounts be towed.

( 4) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with a bumper.

(5) The length limitation imposed by this section shall not apply to vehicles operated in the daytime when transporting poles, pipes, machinery or other objects of a structural nature which cannot readily be dismembered, nor to such vehicles transporting such objects operated at night by a public utility when required for emergency repair of public service facilities or properties, when operated under special permit as hereinafter provided for, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.

Hlstory.-Comp. §§4, 5, ch. 25342, 1949.

317.77 Maximum weights.-( I) The gross weight imposed on the high

way by the wheels of any one axle of a vehicle shall not exceed eighteen thousand pounds.

(2) For the purpose of §§317.73-317.95, an axle load shall be defined as the total load transmitted to the road by all wheels whose centers are included between • two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.

(3) Subject to the limit upon the weight imposed upon the highway through any one axle a:; set forth herein, the total weight with load imposed upon the highway by all the axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and last axle of the vehicle or combination of vehicles,

measured longitudinally to the nearest foot as set forth in the following table: Distance in feet be-tween first and last axles of vehicle or combination of veicles.

4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

Maximum load in pounds on all the axles.

32,000 32,000 32,000 32,000 32,610 33,580 34,550 35,510 36,470 37,420 38,360 39,300 40,230 41,160 42,080 42,990 43,900 44,800 45,700 46,590 47,470 48,350 49,220 50,090 50,950 51,800 52,650 53,490 54,330 55,160 55,980 56,800 57,610 58,420 59,220 60,010 60,800 61,580 62,360 63,130 63,890 64,650

Except as hereinafter provided, no vehicle or combination of vehicles exceeding the gross weights specified above shall be permitted to travel on the public highways within the State of Florida.

History.-Comp. §6, ch. 25342, 1949.

317.78 Construction and loading requirements.-N o vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except for road maintenance purposes.

Hlstory.-Comi!. §7, ch. 25342, 1949.

317.79 Towing requirements.-When one veicle is towing another vehicle the drawbar or other connection shall be of sufficient strength


to pull all weight towed thereby and said drawbar or other connection shall not exceed fifteen feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered. When one vehicle is towing another vehicle and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square.

Hlstory.-Comp. §8, ch. 25342, 1949.

317.80 Weight and load unlawful; inspection; penalty.-

(1) Any officer or agent of the motor vehicle department, state department or public safety or the Florida railroad and public utilities commission, having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales, provided such public scales are within two miles.

(2) Whenever an officer upon weighing a vehicle or combination of vehicles with load, determines that the axle weight or gross weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until a determination can be made as to the amount of overweight and the amount of penalty to be assessed as provided herein, provided, however, that any and all gross weight over and beyond six thousand pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator; provided, that for enforcement purposes of this section all scaled weights of the gross weight of vehicles and combinations of vehicles shall be deemed to be not closer than 10 per cent to the true gross weights.

(3) Any person who violates the overloading provisions of this section shall be conclusively presumed to have damaged the highways of this state by reason of such overloading, which damage is hereby fixed as follows:

One cent per pound for each pound of excess gross weight over one thousand pounds when the excess is two thousand pounds or less;

Two cents per pound for each pound of excess gross weight when the excess exceeds two thousand pounds and is three thousand pounds or less;

Three cents per pound for each pound of excess gross weight when the excess exceeds three thousand pounds and is four thousand pounds or less;

Four cents per pound for each pound of excess gross weight when the excess exceeds four thousand pounds and is five thousand pounds or less;

Five cents per pound for each pound of excess gross weight when the excess exceeds five thousand.

(4) Whenever any person violates the provisions of this section and becomes indebted because of such violation in the amounts aforesaid and refuses to pay the said penalty, such penalty shall become a lien upon said overloaded motor vehicle and the motor vehicle commissioner, department of public safety or the Florida railroad and public utilities commission or any of their authorized agents, shall issue a warrant directed to all and singular, the sheriffs and highway patrolmen of this state, commanding them, and each of them, to levy upon and sell the property of the person liable for said penalty, and it shall be presumed that the owner of the overloaded motor vehicle is liable for said sum and that the said warrant may be levied thereon.

(5) Any officer collecting the penalty herein imposed shall give to the owner and/or driver of the overloaded vehicle an official receipt for all penalties collected, such officers or agents of the state departments shall cooperate with the owners and/or drivers of motor vehicles so as not to unduly delay said vehicles. All penalties imposed and collected under this section by any state agency having jurisdiction, shall be paid to the treasurer of the State of Florida, who shall credit the total amount thereof to the state road department fund which shall be used to repair and maintain the roads of this state. It is the intent of the legislature that this section shall specifically repeal §320.73, Florida Statutes.

History.-Comp. §9, ch. 25342, 1949.

317.81 Operations not in conformity with law; special permits.-The state road department with respect to highways under its jurisdiction and local authorities with respect to highways under their jurisdiction may in their discretion upon application in writing and good cause being shown therefor that the same is in the public interest issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in §§317.73-317.95; or otherwise not in conformity with the provisions of §§317.73-317.95, upon any highway under the jurisdiction of the party issuing such permit and for the maintenance of which said party is responsible. The application for any such permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which permit to operate is requested. The state road department or local authority is authorized to issue or withhold such permit at its discretion; or if such permit is issued, to limit or prescribe conditions of operation of such vehicle or vehicles and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure. Every such permit shall be


carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granted such permit, and no person shall violate any of the terms or conditions of such special permit.

History.-Comp. §10, ch. 25342, 1949.

317.82 Weight, load, speed limits may be lowered; condition precedent.-Anything in §§317.73-317.95 to the contrary notwithstanding, the state road department with respect to state highways and local authorities with respect to highways under their jurisdiction, may prescribe, by notice hereinafter provided for, loads and weights and speed limits lower than the limits prescribed in §§317.73-317.95 and other laws, whenever in its or their judgment any road or part thereof, or any bridge or culvert, shall by reason of its design, deterioration, rain or other climatic or natural causes be liable to be damaged or destroyed by motor vehicles, trailers or semitrailers, if the gross weight and / or speed limit thereof shall exceed the limits prescribed in said notice; and said state road department or local authority may, by like notice, regulate or prohibit, in whole or in part, the operation of any specified class or size of m,otor vehicles, trailers or semitrailers on any highways or specified parts thereof under its or their jurisdiction, whenever in its or their judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on said highways, or parts

. thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience. The notice or the substance thereof shall be posted at conspicuous places at terminals of and all intermediate crossroads and road junctions with the section of highway to which sa id notice shall apply. After any such notice shall have been posted, the operation of any motor vehicle or combination contrary to its provisions shall constitute a violation of §§317. 73-317.95; provided, that no limitation shall be established by any county, municipal or other local authorities pursuant to the provisions of this section that would interfere with or interrupt traffic as authorized hereunder over state highways, including officially established detours for such highways, including cases where such traffic passes over roads, streets or thoroughfares within the sole jurisdiction of such county, municipa l 6r other local authorities unless such limitations and further restrictions shall have first been approved by the st~te road department, provided, further, that with respect to county roads, except such as are in use as state highway detours. the respective county road authorities shall ·have full power and authority to further limit the weights of vehicles upon bridges and culverts upon such public notice as they deem sufficient and existing laws applicable thereto shall not be affected by the terms of §§317.73-317.95.

Hlstory.-Comp. §11, ch. 25342, 1949.

317.83 Damage to highways; liability of driver and owner.-Any person driving or moving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damages which said highway or structure may sustain as a result of any illegal operating, driving or moving of such vehicles, object, or contrivance; whether or not such daniage is a result of operating, driving or moving any vehicle, object, or contrivance weighing in excess of the maximum weights as provided in this act but authorized by special permit issued pursuant to §317.81. Whenever such driver is not the owner of such vehicle, object or contrivance but is so operating, driving or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage. Such damage may be recovered in any civil action brought by the authorities in control of such highway or highway structure.

Hlstory.-Comp. §12, ch. 25342, 1949.

317.84 Motor vehicle lamps; equipment authorized.-

(1 ) Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. Any motor vehicle may be equipped with not to exceed three auxiliary driving lamps mounted on the front at a height not less than twelve inches nor more than forty-two inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in §§317.73-317.95.

(2) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. ·

(3) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

(4) Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp; except that no such backup lamp shall be a continuously lighted one when the motor vehicle is in forward motion.

(5) No person shall operate any vehicle upon a highway unless the same shall be fully equipped and supplied with flares, lights, and other devices as may be required for use by law.

Hi story.-Comp . §§13, 14, ch. 25342, 1949.

317.85 Same; arrangement.-Except as hereinafter provided, the headlamps, or the auxiliary driving lamps or combinations thereof, on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, sub-


ject to the following requirements and limitations:

(1) There shall be an uppermost distribution of light, or composite beam, so aimed of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading. The maximum intensity of this uppermost distribution of light or composite beam one degree of arc or more above the horizontal level of the lamps when the vehicle is not loaded shall not exceed eight thousand apparent candle power, and at no other point of the distribution of light or composite beam shall there be an intensity of more than seventy-five thousand apparent candle power.

(2) There shall be a lowermost distribution of light, or composite beam, so aimed that:

(a) When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the left of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five feet ahead, project higher than a level of ten inches below the level of the center of the lamp, from which it comes.

(b) When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes.

(c) In no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead.

(3) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with subsection (2) (a) of this section.

(4) All road lighting beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least two hun dred feet ahead.

History.-Comp. §15, ch. 25342, 1949.

317.86 Approaching vehicle; distribution of light.-Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light if so equipped or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five feet ahead, and in no case higher than a level of forty-two inches above the level upon which the vehicle stands at a distance of seventy-five feet ahead.

Hlstory.-Comp. §16, ch. 25342, 1949.

317.87 Motor vehicles; single distribution lamps, when permitted.-Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to June 1, 1950, in lieu of multiple-beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations.

(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead.

(2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet.

History.-Comp. §17, ch. 25342, 1949.

317.88 Motor vehicles; minimum head lamp requirement.-Any motor vehicle may be operated under the conditions specified in §§317.85 and 317.87, when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in said §§317.85 and 317.87; provided, that at no time when lighted lamps a re required shall such motor vehicle be operated at a speed in excess of twenty miles an hour.

History.-Comp. §18, ch. 25342, 1949.

317.89 Head lamps, auxiliary lamps; number to be displayed.-

( !) At all times when lamps are required to be lighted under the laws of Florida, at least two lighted lamps shall be displayed, one on each side of the front of every motor vehicle other than a motorcycle or motor driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.

(2) Whenever a . motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred candle power not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time upon a highway.

Hlstory.-Comp. §19, ch. 25342, 1949.

317.90 Certain lights prohibited; exception.-

(1) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front thereof.

(2 ) Flashing lights are hereby prohibited on motor vehicles except as a means of indicating a right or left turn.


(3) This section shall not apply to police, :fire or authorized emergency vehicles.

Hlstory.-Comp. §20, ch. 25342, 1949.

317.91 Transportation of explosives, etc.Any vehicle' used for transporting any explosives or flammable liquids as a cargo or part of a cargo upon the highway shall be marked or placarded on each side and the rear with the word "explosives" in let ters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word "danger" in white letters six inches high. Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. The insurance commissioner is hereby authorized to promulgate such additional rules and regulations governing the transportation of explosives and other dangerous articles by vehicles upon the highways as he shall deem advisable for the protection of the public, and all such rules and regulations shall have the full force and effect of law.

Hlstory .-Comp. §21, ch. 25342, 1949.

317.92 Health and sanitation hazards.-No motor vehicle, trailer or semitrailer shall be equipped with an open toilet or other device that may be a hazard from a health and sanitation standpoint.

History.-Comp. §22, ch. 25342, 1949.

317.93 Enforcement of law; inspections, etc.-Any officer of the State of Florida authorized to administer or enforce the motor vehicle laws of the state may require the driver of a vehicle to stop and submit such vehicle and its equipment to an inspection, and such test with reference hereto as may be appropriate, to determine that such vehicle is in a safe operating condition, and that it complies with the provisions of §§317.73-317.95.

Hlstory.-Comp. §23, ch. 25342, 1949.

317.94 Administration and enforcement.The motor vehicle department, department of public safety, state road department and Florida railroad and public utilities commission are hereby authorized and directed to administer and enforce the provisions of §§317.73-317 .95 with respect to state highways, and law enforcement officers generally shall also enforce §§317.73-317.95 within their respective jurisdictions.

History.-Comp. §24, ch. 25342, 1949.

317.95 Penalties.-Any person violating any provision of §§317.73-317.95 other than the overloading provisions as provided for in §317.80 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished according to the laws governing misdemeanors.

H istory.-Comp. §25, ch. 25342, 1949.

317.96 Reregistration of certain motor vehicles not conforming with §317. 77 .-Any motor vehicles which conformed to the requirements of any prior laws repealed or superseded by this act, which are or may be registered for operation in this state for the year 1949 or any part thereof, and may not, in the opinion of the state motor vehicle commissioner, be made to conform to the requirements of §317.77 without excessive expense, may be reregistered for the years 1950, 1951, 1952 and 1953 or any of them without being made to conform to §317.77, except such motor vehicles shall in no instance be allowed to carry maximum loads in excess of sixty thousand pounds plus the tolerance provided for in §317.80. Such reregistrations may

. be made only by the said commissioner and shall show that the license is a specially issued one. No such vehicle may be reregistered for the year 1954 or any subsequent year without being made to conform to the requirements of §§317.73-317.95; provided that §317.77 shall not apply to dump trucks which use either gravity or mechanical means for unloading.

Hlstory.-Comp. §1, ch. 26331, 1949.

§318.01 MOTOR VEHICLE COMMISSIONER 1152

CHAPTER 318

MOTOR VEHICLE COMMISSIONER

318.01 State motor vehicle commissioner; term; salary.

318.02 State motor vehicle commissioner; oath; bond.

318.03 Powers and duties of commissioner. 318.04 Quarterly accounting required. 318.05 Revolving fund; payment of moneys col

lected; auditors.

318.01 State motor vehicle commissioner; term; salary.-The state motor vehicle commissioner shall have full and complete charge of all the affairs of administering the laws of the state relative to motor vehicles as hereinafter provided and may employ such clerical assistants as may be necessary from time to time to enable him to speedily, completely and efficiently perform the duties oi his office and of said laws. The said state motor vehicle commissioner shall be appointed by the governor for a term of four years and shall receive an annual salary as appropriated by the state budget commission, not to exceed seven thousand five hundred dollars per annum, payable in equal monthly installments on his own requisition on warrants to be issued by the comptroller and countersigned by the governor in the same manner as salaries of other state officials are pa id. The terms of office of said motor vehicle commissioner shall begin and run concurrently with the regular terms of office of the successive governors of this state.

History.-§ §1, 4, ch. 11901, 1927; CGL 1327, 1330; §1, ch. 15720, 1931 ; §1, ch. 15859, 1933 ; H , ch. 19363, 1939; §1, ch. 20299, 1941 ; am. §1, ch. 23971, 1947 ; §11, ch. 25035, 1949. cf.-Title certificates, duties and functions respecting.

318.02 State motor vehicle commissioner; · oath; bond.-The state motor vehicle commissioner shall be required to take and subscribe to the oath of office prescribed by the constitution of Florida to be taken by all state officers and to make and file an approved surety bond in the sum of two hundred thousand dolJars, payable to the governor of Florida and his successors in office, conditioned upon the faithful performance of his duties and the strict accounting for and paying over to the state treasurer all sums of money coming into his hands by virtue of his office or under color thereof.

History.-§3, ch. 11901, 1927 ; CGL 1329. cf.-§2, Art. XVI, Florida canst. Oa th of office.

318.03 Powers and duties oi commissioner. -The duties of the state motor vehicle commissioner are as follows:

(1) To carry out and administer all laws of the State of Florida relative to the registration, re-registration, licens ing and certification of motor vehicles as provided by law.

(2) To issue and cancel title certificates of motor vehicles.

(3) To collect all sums of money required to be collected in connection with his office.

( 4) To issue, in the n::tme of the state motor vehicle commissioner, all licenses, permits and certificates required to be issued, being strictly accountable therefor.

318.06 Funds from which salaries, expenses, etc., to be paid.

318.07 Comptroller not liable for acts or omissions of commissioner.

318.08 Offices of commissioner and clerks. 318.09 Microfilming, and destroying records.

(5) In general, to perform all duties devolving upon him under provisions of law relating to the subject of licenses for motor vehicles, whether now existing or hereafter enacted.

It is the intention of the legislature that this section shall be liberally construed in accordance with the purpose and intent of the recommendation of the governor and comptroller to the 1927 session of the legislature.

History.-§§2, 3, ch. 11901, 1927; CGL 1328, 1329. cf.-§319.08 et seq., Title certificates, duties respecting.

§320.01 et seq., Licenses a;nd registration, duties respecting.

318.04 Quarterly accounting required. -The state motor vehicle commissioner shall render a quarterly accounting to the comptroller showing a complete record of all moneys collected, of all expenditures of his office, of the amounts remitted or paid over to the state treasury, and of the amounts payable to the treasury but held in suspension awaiting final adjustment.

History.-§7, ch. 11901, 1927; CGL 1333. cf.-§197.08, Penalty for violation.

318.05 Revolving fund; payment of moneys collected; auditors.-The state motor vehicle commissioner may maintain a revolving fund of not exceeding twenty thousand dollars, for the purpose of keeping the accounts in balance with the state. All moneys collected shall be paid over to the state treasurer within one week after the correct amount due has been ascertained by proper audit, which audit shall be made semimonthly by a competent auditor to be designated by the governor for that purpose, who shall receive a sa lary not to exceed four thousand dollars per annum and be a permanent employee m the office of said state motor vehicle commissioner.

History.-§5, ch. 11901, 1927; CGL 1331; am. §1, ch. 23971, 1947.

318.06 Funds from which salaries, expenses, etc. to be paid.-Salaries of the state motor ve-

hicle commissioner, auditors and all clerical help employed in the administration of the motor vehicle laws, together with the actual, reasonable and necessary traveling expenses of the state motor vehicle commissioner when absent from the capitol on official business connected with the duties of his office shall be payable ·out of the funds derived f;om licenses, registration and other fees collected under the motor vehicle laws, and counted as part of the expense of administration of said laws.

Hiotory.-§6, ch. 11901, 1927; CGL 1332.

1153

318.07 Comptroller not liable for acts or omissions of commissioner.-No liability shall attach to the comptroller for any acts done or thing omitted by the state motor vehicle commissioner, or· under his direction, by virtue of the administration of the motor vehicle laws of this state, but all responsibility therefor shall rest upon said motor vehicle commissioner under his oath of office and official bond provided for in §318.02.

Hlstory.-§8, ch. 11901, 1927; CGL 1334.

318.08 · Offices of commissioner and clerks. -The offices of the state motor vehicle commissioner, and of all clerical assistants under his control, shall be in the building provided by the state for the use of the state road department; and janitor and other service connected with said offices shall be provided by said commissioner as part of the expenses of his office.

History.-§9, ch. 11901, 1927; CGL 1335.

318.09 Microfilming, and destroying records.-

(1) The purpose of this section is to make available for the use of the state motor vehicle commissioner sufficient floor space to enable him to efficiently administer the affairs of the agency.

(2) The state motor vehicle commissioner is hereby authorized to destroy records and documents as hereinafter provided, and to reclaim binders and filing equipment.

(3) The state motor vehicle commissioner is hereby authorized in his discretion to destroy

MOTOR VEHICLE COMMISSIONER §318.09

agency reports, receipts, tag applications, and other records not specifically provided for herein, after audit of his office and the respective county offices involved has been completed for the period embracing the dates of said instruments; that the commissioner is hereby authorized in his discretion to destroy general correspondence files over three years old and bills of sale and other supporting title data in excess of seven years old.

(4) That the commissioner is hereby authorized to photograph, microphotograph, or reproduce on film whereby each page will be exposed in exact conformity with the original, the old cash books, title record books, and such other documents as he may in his discretion select and that, he is hereby authorized to destroy any of said documents after they have been photographed and filed and after audit of his office and the respective counties offices involved has been completed for the period embracing the dates of said instruments. That photographs or microphotographs in the form of film or print of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

Hlstory.-§§1-3, ch. 23666, 1947; §11, ch. 25035, 1949.

§319.01 TITLE CERTIFICATES 1154

CHAPTER 319

TITLE CERTIFICATES

319.08

319.14 319.15

319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24

319.25

319.26

Appointment of deputies; their duties; "auto-theft fund," etc.

Sale ot motor vehicles used as taxi cabs, etc. Notice of lien on motor vehicles; record, sub-

sequent creditors, etc. Satisfaction of lien. Rules and regulations; public record. Fees for recording, etc. Failure to furnish satisfaction. Application of law; definitions. Necessity of certificate of title. Transfer of title. Application for, and issuan~e of ce_rtificate. Issuance in duplicate; dehvery; hens and

encumbrances. Rules and regulations; forms; cancellation

of certificates; lists and searches; fees. Theft or conversion of motor vehicles.

319.01-319.07 Repealed.-History-§§1-3, 5, 7, 8, 10, ch. 9157, 1923; CGL 3977-3983;

repealed by §16, ch. 23658, 1947.

319.08 Appointment of deputies; their duties; "auto-theft fund," etc.-

(1) The state motor vehicle commissioner, with the approval in writing of the governor, may employ all necessary deputies, in addition to the present officers of the law, t~ carry out the provisions of this chapter, and mcur such additional necessary expenses in the enforcement of this chapter, as may be first approved by the governor in writing, and the commissioner, together with such deputies, employees and the existing officers of the law, are required to enforce this chapter by c~iminal prosecution for violations thereof. W1th the permission and consent of the sheriff of any county, or the chief of police of any city, the commissioner may employ temporarily and deputize any deputy sheriff or police officer to investigate any auto theft matters or other violations of this chapter. Any officer, or deputy of the said commissioner shall use reasonable diligence in ascertaining whether the owners and operators of motor vehicles are complying with the provisions of this chapter. All expenditures under the provisions of this section shall be paid from the fund hereafter designated as the "auto-theft fund."

(2) All moneys received by the commissioner under the provisions of this chapter shall be set aside and shall be known as the "auto-theft fund" and shall be held and retained in the state treasury as a separate fund and shall be used first to meet the necessary additional expenses incurred by the commissioner in the performance of duties required by this chapter, including the maintaining of indexes by name of owner or vendor and vendee, and of cars, by make and by manufacturers' motor number and chassis number, and in the enforcement of the motor vehicle and traffic laws of this state. If at the end of any fiscal year there be a balance in said fund, which has not been previously obligated by the said

319.27 Application of existing laws; righ_ts of mortgagees, lien holders, etc.; notat10n on certificate.

319.28 Transfer of ownership by operation of law. 319.29 Lost or destroyed certificates; memorandum

certificates. 319.30 Dismantling, destruction or change of

319.31 319.32 319.33

identity of vehicle. Requisites of certificates; forms. Fees. Alteration or forgery; procuring or passing

certificate covering stolen vehicle; serial numbers; false or fictitious name or address.

319.34 Transfer without delivery of certificate; operation without certificate; failure to surrender; other violations.

commissioner, said unobligated balance shall be credited to the state road fund for the maintenance of state roads under the supervision of the state road department.

Hlstory.-§12, ch. 9157, 1923; CGL 3984, 3985. cf.-§320.76 Transferred to auto theft expense fund.

319.09-319.13 Repealed.-History.-§§4, 6, 9, 13, ch. 9157, 1923; CGL 8131, 7347, 7480;

repealed by §16, ch. 23658, 1947.

319.14 Sale of motor vehicles used as taxi cabs, etc.-

(1) No person, firm or corporation shall knowingly offer for sale, sell, or exchange any motor vehicle as now or as may hereafter be defined by law, which was previously licensed or registered and used as a taxi cab, u-drive-it, or for hire, until the certificate of title for such motor vehicle, or its duplicate, in the event a duplicate has been issued, shall have been surrendered to the motor vehicle commissioner, and until the motor vehicle commissioner has stamped in a conspicuous place on such certificate of title, or its duplicate, the words: "This motor vehicle has previously been used as a taxi cab, u-drive-it or for hire."

(2) The owner of such vehicle, before offering the same for sale or exchange, shall affix, as may be prescribed by the motor vehicle commissioner, a notice on the lower right hand corner of the windshield, not less than six inches square, stating that said motor vehicle has been previously used as a taxi cab, u-drive-it or for hire.

(3) Any person, who sells or exchanges a motor vehicle contrary to the provisions of this section, and every officer, agent or employee of any person, firm or corporation and every person who shall authorize, direct, aid in, or consent to the sale or exchange of a motor vehicle contrary to the provisions of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

Hlstory.-§§1-3, ch. 20226, 1941.

1155

319.15 Notice of lien on motor vehicles; recorded, subsequent creditors, etc.-No liens for purchase money or as security for a debt in the form of retain title contract, conditional bill of sale or chattel mortgage, or otherwise, on a motor vehicle, as now or may hereafter be defined by law, shall be enforceable in any of the courts of this state, against creditors or s•.Jbsequent purchasers for a valuable consideration and without notice, unless a sworn notice of such lien, showing the following information, viz:

(1) Name and address of the registered owner;

(2) Date and amount of lien; (3) Description of the motor vehicle; par

ticularly showing make, type, motor and serial number; and

( 4) N arne and addrAss of lien holder; shall be recorded in the office of the . motor vehicle commissioner of the State of Florida, which filing is in lieu of all filing and recording now required or authorized by law, and shall be effective as constructive notice when filed; provided, however, that this law shall not apply or be effective as to any retain title contract, conditional bill of sale, chattel mortgage or other like instrument executed prior to August 1, 1941, nor to any retain title contract, conditional bill of sale, chattel mortgage or other like instrument covering any new or used motor vehicle floor plan stock of any motor vehicle dealer.

Hlstory.-§1, ch. 20917, 1941.

319.16 Satisfaction of lien.-Upon the payment of any such lien the debtor, or the registered owner of such motor vehicle, shall be entitled to demand and receive from the lien holder a satisfaction of such lien which shall likewise be filed in the office of such motor vehicle com-missioner.

Hlstory.-§2, ch. 20917, 1941.

319.17 Rules and regulations; public record. -The motor vehicle commissioner shall make such rules and regulations as he deems necessary or proper for the effective administration of this law and shaH· prepare the forms of such notice of lien and satisfactions thereof, to be supplied, at not to exceed fifty per cent more than cost to any applicant, for recording such liens or satisfactions and shall keep a permanent record of such notice of liens and satisfactions in a book in his office open to the inspection of the public at all reasonable times. The said commissioner is hereby authorized to furnish certified copies of such notices or satisfactions for a fee of one dollar; which certified copies shall be admissible in evidence in all courts of this state under same conditions and to same effect as certified copies of other public records.

Hlstory.-§3, ch. 20917, 1941.

319.18 Fees for recording, etc.-The motor vehicle commissioner shall be entitled to a fee of fifty cents for the recording of each notice of lien and each satisfaction thereof, to be paid at the time of the recording thereof. All of

TITLE CERTIFICATES §319.21

such fees collected shall be paid into the motor vehicle expense fund.

Hlstory.-§4, ch. 20917, 1941.

319.19 Failure to furnish satisfaction.Should any person, firm or corporat_ion holding such lien which has been recorded m the office of such ~otor vehicle commissioner, upon payment of such lien and on demand, fail or refuse, within thirty days after such payment and demand to furnish the debtor or the registered owne~ of such motor vehicle a satisfaction thereof, then, in that event, he, it or they, shall be held liable for all costs, damages, and expenses, including reasonable attorney's fees, lawfully incurred by the debtor or the registered owner of such vehicle in any suit which may be brought in the courts of this state for the cancellation of such lien.

History.-§5, ch. 20917, 1941.

319.20 Application of law; definitions.-:-The provisions of this law shall apply exclusively, except as otherwise specifically P!Ovided, to m~tor vehicles required to be reg1stered and licensed under the provisions of chapter 320 ~f the Florida Statutes. For the purposes of this Act the term "Motor Vehicle" shall also include a commercial trailer of one ton or more and a tractor-trailer combination and trailercoach. For the purposes of this law "perso!l" includes a natural person, firm, co-partnership, association or corporation; "Trailer-Coach'' means any trailer or semi-trailer so designed and equipped as to provide living and/?r sleeping facilities and drawn by a motor veh.Icle; and "Commissioner" means the motor vehicle commissioner of Florida.

History.-§1, ch. 23658, 1947.

319.21 Necessity of certificate of title.-No person hereafter shall sell or otherwise dispose of a motor vehicle without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show title in the purchaser, nor purchase, or otherwise acquire, or bring into this state a motor vehicle, except for temporary use, unless such perso~ s~all obtain. a certificate of title for same m his, her or Its name in accordance with the provisions of this law; provided that any dealer hol_ding current dealer license plates issued by this state may, in lieu of having a certificate of title issued in the name of such dealer, reassign any existing certificate of title issued in this state or, if no certificate of title exists on such motor vehicles in this state, such dealer shall, over his signature, briefly note such fact of nonexistence and show the name and address of the party from whom the vehicle was obtained, on the face of the separate application for initial certificate of title which is made by the purchaser or transferee. It shall not be necessary for any licensed automobile dealer in Florida to obtain a certificate of title on any new motor vehicle which he is selling but such dealer shall, over his signature, certify on the face of the separate application for initial certificate of title which

§319.22 TITLE CERTIFICATES

is made by the purchaser that said motor vehicle is a new motor vehicle, and shall also disclose the name and address of the manufacturer, distributor, or other person from whom he acquired said new motor vehicle. Notwithstanding provisions of other laws of this state, no motor vehicle shall be eligible for initial registration in this state on and after August 1, 1949 unless the provisions of this section have been complied with insofar as said motor vehicle is concerned.

Hlstor;r.-§2, ch. 23658, 1947. Am. §1, ch. 25150, 1949.

319.22 Transfer of title.-(1) Except as provided in §§319.21 and

319.28, no person acquiring a motor vehicle from the owner thereof, whether such owner be a dealer or otherwise, hereafter shall acquire a marketable title in or to said motor vehicle until he, she, or it shall have had issued to him, her or it a certificate of title to said motor vehicle; nor shall any waiver or estoppel oper~ ate in f avor of such person against a person having possession of such certificate of title or an assignment of such certificate for said motor vehicle for a valuable consideration. Except as otherwise provided herein, no court in any case at law or in equity shall recognize the right, title, claim or interest of any person in or to any such motor vehicle, hereafter sold or disposed of, or mortgaged or encumbered, unless evidenced by and on a certificate of title duly issued, in accordance with the provisions of this law.

(2) An owner who has made a bona fide sale or transfer of a motor vehicle and has delivered possession thereof to a purchaser shall not by reason of any of the provisions of this law, be deemed the owner of such vehicle so as to be subject to civil liability for the operation of such vehicle thereafter by another when such owner has fulfilled either of the following requirements:

(a) When such owner has made proper endorsement and delivery of the certificate of title as provided by this law.

(b) When such owner has delivered to the commissioner, or placed in the United States mail, addressed to the commissioner, either certificate of title properly endorsed, or the following notice: Motor Vehicle Commissioner Tallahassee, Florida I have this day sold and delivered to ................... . .......................................................................... , Motor

(Name and Address of New Owner) Vehicle, Certificate of Title No .............................. . Make .................. Type .................. Model ................. . Serial No ........... Motor No ........... Year Make ......... . Date ................. .. .

(Former Owner)

(Address of Former Owner) Hlstory.-§3, ch. 23658, 1947. Am. §2, oh. 25150, 1949.

1156

319.23 Application for, and issuance of certificate.-

(1) Application for a cerificate of title shall be made upon a form to be prescribed by the commissioner and shall be sworn to before a notary public or other officer empowered to administer oaths; and shall be filed with the commissioner and shall be accompanied by the fee prescribed in this law; and if a certificate of title has previously been issued for such motor vehicle in this state, shall be accompanied by said certificate of title duly assigned, or assigned and reassigned, unless otherwise provided for in this law.

(2) If a certificate of title has not previously been issued for such motor vehicle in this state, said application unless otherwise provided for in this law shall be accompanied by a proper bill of sale or sworn statement of ownership, or a duly certified copy thereof, or by a certificate of title, bill of sale or other evidence of ownership required by the law of another state from which such motor vehicle was brought into this state.

(3 ) Upon application for certificate of title of a vehicle previously titled or registered outside of this state, the application shall show on its face such fact and the time and place of the last issuance of certificate of title, or registration, of such vehicle outside this state, and the name and address of the governmental officer, agency, or authority making such registration, together with such further information relative to its previous registration, as may reasonably be required by the commissioner, including the time and place of original registration, if known, and if different from such last foreign registration. The applicant shall surrender to the commissioner all certificates, registration cards, or other evidence of foreign registration as may be in his possession or under his control.

( 4) The certificate of title issued by the commissioner for a vehicle previously registered outside this state shall give the name of the state or country in which such vehicle was last previously registered outside this state. The commissioner shall retain the evidence of title presented by the applicant and on which the certificate of title is issued. The commissioner shall use reasonable diligence in ascertaining whether or not the facts in said application are true by checking the application and documents accompanying same with the records of motor vehicles in his office, or otherwise as he may decide; and if satisfied that the applicant is the owner of such motor vehicle and that the application is in the proper form, he shall issue a certificate of title over his signature, but not otherwise.

(5) In the case of the sale of a motor vehicle by a dealer to a general purchaser or user, the certificate of title shall be obtained in the name of the purchaser by the dealer upon application signed by the purchaser, and in all other cases such certificate shall be obtained by the purchaser. In all cases of transfers of motor

1157

vehicles, the application for certificate of title, or corrected certificate, or assignment or reassignment, shall be filed within ten days from the delivery of such motor vehicle. An applicant shall be required to pay an extra fee of one dollar, in addition to all other fees and penalties required by law for failing to file such application within said ten days. Licensed dealers need not apply for certificates of title for such motor vehicles in stock or where such are acquired for stock purposes, but upon transfer of same shall either give transferee a reassignment of the certificate of title on such motor vehicle or shall make notation on the face of the application by transferee as provided in §319.21.

Hlstory.-§4, ch. 23658, 1947. Am. §3, ch. 25150, 1949.

319.24 Issuance in duplicate; delivery; liens and encumbrances.-

(1) The commissioner shall issue the certificate of title and all corrected certificates in duplicate. Ony copy shall be retained by him and filed in his office.

(2) The commissioner or his duly authorized deputy shall sign the original certificate of title · and all corrected certificates, and, if there are no liens or encumbrances on said motor vehicle, as shown in his records or as shown in the application, shall deliver said certificate to the applicant, or as directed by the applicant in the application. If there are one or more liens or encumbrances on said motor vehicle, said certificate and a form in duplicate describing the identical motor vehicle, to be subsequently used by the lien holder as a satisfaction, shall be delivered or mailed to the holder of the first lien as shown by the records in the office of the commissioner as soon as possible. If the application shows the name of a first lien holder different from the name of the first lien holder as shown by the records in the office of the commissioner, the certificate shall not be issued to any person until after all parties who appear to hold a lien or liens and the applicant for the certificate have been notified in writing by the commissioner of the conflict. If the parties do not amicably clear up the conflict within ten days from the date of the sending of such notice, then the commissioner shall serve notice in writing by registered mail on all persons appearing to hold liens on that particular vehicle, including the applicant for the certificate, to show cause within ten days from the date the notice is mailed why he should not issue and deliver the certificate to the lien holder whose name appears in the application as the first lien holder without showing any lien or liens as outstanding other than those appearing in the application or which may have been filed subsequent to the filing of the application for the certificate. If any person other than the lien holder shown in the application or a party filing a subsequent lien should in answer to said notice to show cause appear in person, or by a representative, or in writing, and file a statement in writing under oath that his lien or liens on that particular vehicle is still out-


standing with the amount unpaid, then the commissioner shall not issue the certificate to anyone until after such conflict has been settled by the lien claimants involved or by a court of competent jurisdiction. Should no sworn statement be filed within such time, the commissioner shall issue and deliver the certificate to the lien holder whose name appears in the application as the first lien holder and the certificate, and all duplicates and thereafter corrected certificates, shall only show such lien as was shown in said application and subsequently filed liens still outstanding.

(3) The certificate of title shall be retained by the first lien holder until the entire amount of such first lien is fully paid.

( 4) If the owner of the motor vehicle desires to place a second or subsequent lien or encumbrance against said motor vehicle, upon written request of the owner as shown by the certificate of title, to the first lien holder such lien holder shall forward the certificate to the commissioner for such endorsement or endorsements, and the commissioner shall return the certificate to the first lien holder after endorsing such lien on the certificate and on his duplicate. The commissioner shall make the same notation on the memorandum certificate, if one accompanied the notice of lien, and return same to the owner. If the first lien holder should fail, neglect or refuse to forward the certificate of title to the motor vehicle commissioner at the request of the owner within ten days from the date of such request, then the motor vehicle commissioner, on the written request of the owner, shall demand of the first lien holder the return of said certificate for the notation of the second or subsequent lien or encumbrance.

(5) If there is a subsequent lien or encumbrance on said motor vehicle, the certificate shall be delivered to the person holding the next lien or encumbrance upon said motor vehicle and be retained by such person until the entire amount of such lien or encumbrance is fully paid.

(6) Upon final payment being made of any lien or encumbrance, the certificate of title and a satisfaction thereof on a form to be provided by the commissioner shall be forwarded to the motor vehicle commissioner within ten days for the cancellation of the lien or encumbrance so paid, and such lien holder shall deliver to the owner a duplicate executed copy of such satisfaction. If there are no subsequent liens or encumbrances upon said motor vehicle, the motor vehicle commissioner shall forward to the owner a corrected certificate showing no liens or encumbrances.

(7) When the original certificate of title cannot be returned and evidence satisfactory to the commissioner is produced that all liens or encumbrances have been satisfied, upon request of the owner, a corrected certificate of title without statement of liens or encumbrances shall be issued by the commissioner and delivered to the owner.

(8) Any person failing to forward to the motor vehicle commissioner upon written de-


mand of the commissioner such satisfaction of lien and the certificate of title, as required by this section, shall upon conviction, for a first offense, be sentenced to pay a fine of ten dollars and costs of prosecution, and, in default of the payment thereof, shall be imprisoned for not more than five days, and for every subsequent failure to deliver upon demand such satisfaction and the certificate of title be sentenced to pay a fine of twenty-five dollars, and costs of prosecution, and, in default of the payment thereof, shall be imprisoned for not more than ten days.

(9) Any person failing to return to the commissioner a certificate of title, when there are subsequent liens or encumbrances to be noted, or for correction and delivery of corrected certificate as provided by this law, shall upon conviction be sentenced to pay a fine of ten dollars and costs of prosecution, and in default of the payment thereof be imprisoned for not more than five days, and for every subsequent failure to return such certificate of title shall be sentenced to pay a fine of twenty-five dollars and costs of prosecution, and, in default of the payment thereof, shall be imprisoned for not more than ten days; provided, that no person shall be deemed guilty of a violation of this section if he shall forward the certificate of title to the commissioner within ten days of the demand by the commissioner together with the satisfaction of any lien or encumbrance paid to him.

(10) The commissioner shall assign a number for each certificate of title and shall maintain in his office indices for such certificate of title. The commissioner shall not be required to retain on file any bill of sale or duplicate thereof, or notice of lien, or satisfaction of lien, covering any motor vehicle for a period longer than seven years after the date of the filing thereof and thereafter the same may be destroyed.

(11) The commissioner shall in the sending of any notice only be required to use the last known address as shown by the records in his office. Hlstor~-.-§5, ch. 23658, 1947. Am. §4, ch. 25150, 1949.

319.25 Rules and regulations; forms; cancellation of certificates; lists and searches; fees.-

(1) The commissioner may adopt such reasonable rules and regulations as he may deem necessary to insure uniform and orderly operation of this law. The commissioner shall provide and furnish the forms required by this law.

(2) If it appears that a certificate of title has been improperly issued, the commissioner shall have the power and it shall be his duty to cancel same. Upon cancellation of any certificate of title the commissioner shall notify the person to whom such certificate of title was issued as well as any lien holders appearing thereon of said cancellation and shall demand the surrender of such certificate of title, but said cancellation shall not affect the val-

1158

idity of any lien noted thereon. The holder of such certificate of title shall return same to the commissioner forthwith. If a certificate of registration has been issued to the holder of a certificate of title so cancelled, the commissioner shall immediately cancel same and demand the return of such certificate of registration and license plates or tags, and the holder of such certificate of registration and license plates or tags shall return the same to the commissioner forthwith.

(3) The commissioner shall keep on hand a sufficient supply of blank forms, which, except certificate of title and memorandum certificate forms, shall be furnished and distributed without charge to all persons residing within the state.

(4) The commissioner ls authorized, upon application of any person and payment of the proper fees, to prepare and furnish lists containing title information in such form and subject to such territorial division and/ or other classification as the commissioner may authorize; to search the records of the bureau and make reports thereof, and to make photographic copies of the bureau records and attestations thereof.

(5) Fees therefor shall be charged and collected as follows:

(a) For lists of title for the entire state, or any part or parts thereof, divided according to counties, a sum computed at the rate of one cent per item.

(b) For photographic copies of records and attestations thereof, under the signature and seal of the commissioner, fifty cents a copy. Such copy or copies shall be taken as prima facie evidence of the fact therein stated, in any court of the State of Florida. Any individual, firm or corporation may obtain without charge oral or written reports concerning up to and including five titles in any one day and up to and including fifty titles in any one month. The commissioner shall furnish without charge to state highway patrol, sheriffs or chiefs of police information on any title.

Hlstory.-§6, ch. 23658, 1947. Am. §5, ch. 25150, 1949. ·

319.26 Theft or conversion of motor vehicles.-

(1) It shall be the duty of the department of public safety, every sheriff, chief of police, constable, or designated officer of the motor vehicle department, having knowledge of a stolen motor vehicle, immediately to furnish the commissioner with full information in connection therewith.

(2) It shall be the duty of the commissioner whenever he may receive a report of the theft or conversion of a motor vehicle, whether the same has been registered or not, and whether owned in this or any other state, together with the make and manufacturer's serial number or motor number thereof, to make a distinctive record thereof and file same in the numerical order of the manufacturer's serial number or motor number with the index records of the vehicles of such make. Such index shall be

1159

known as the "Stolen and Recovered Motor Vehicle Index". The commissioner shall prepare a report listing motor vehicles stolen and recovered as disclosed by the reports submitted to him, to be distributed as he may deem advisable.

(.3) The commissioner shall publish once a month a list of all motor vehicles stolen or recovered during the previous month and forward a copy of the same to the director of public safety, a copy to every sheriff and all police departments in Florida. The published list shall not include the converted cars. Such list shall also be forwarded to the secretary of state, or other proper official, in each state of the United States. Before issuing a certificate of title, or corrected certificate, or duplicate, or memorandum certificate, as heretofore provided, the said commissioner shall check the motor, chassis and serial number on the motor vehicle to be registered against the stolen and recovered motor vehicle index.

(4 ) In the event of the recovery of a stolen or converted motor vehicle it shall be the duty of the owner immediately to notify the commissioner who shall cause the record of the theft or conversion to be removed from his index.

Hlstory.-§7, ch. 23658, 1947.

319.27 Application of existing laws; rights of mortgagees, lien holders, etc.; notation on certificate.-

(!) The provisions of §§28.22 and 319.15 of the Florida Statutes, shall never be construed to apply to or to permit or require the notice of lien, deposit, filing or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or similar instrument, or any copy of the same, made hereafter and covering a motor vehicle.

(2) Any mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument made after August 1, 1949, and covering a motor vehicle required to be registered, if a notation of the lien or encumbrance has been made by the commissioner on the face of the certificate of title for such vehicle, shall be valid as against the creditors of the mortgagor whether armed with process or not and subsequent purchasers, mortgagees and other lien holders or claimants, but otherwise shall not be valid against them. All liens, mortgages and encumbrances noted upon a certificate of title shall take priority acco~ding to the order of time in which the same are noted thereon by the commissioner. Provided, however, that the lien shown on the application for original certificate of title shall take priority over all liens or encumbrances filed subsequent to the date shown on such application. Exposure for sale of any motor vehicle by the owner thereof, .with the knowledge or with the knowledge and consent of the holder of any duly noted lien, mortgage or encumbrance thereon, shall not render the same void or ineffective as against the creditors of such owner,


or holder of subsequent liens, mortgages or encumbrances upon such motor vehicle.

(3) The holder of a chattel mortgage,_ t~ust receipt, conditional sales con tract or s1m1lar instrument covering a motor vehicle, upon presentation of the certificate of title issued in this state and the surrender of the memorandum certificate previously issued to the owner, if one is available, together with a sworn notice of lien on a form to be provided by the commissioner and showing the following information: (a) date and amount of lien, (b) kind of lien, (c) name and address of register~d owner, (d) description of motor vehicle, showmg make, type, motor and serial number, and (e) name and address of lien holder; may have notation of such lien made on the face of such certificate of title. Should the certificate of title be in the possession of a prior lien holder and it is impracticable for the holder of a subsequent mortgage or similar instrument to deliver the certificate of title, the commissioner may accept such sworn evidence as heretofore provided, and in such event shall demand of the holder of the certificate the return of such certificate for the purpose of noting such subsequent lien on the said certificate and after such notation the commissioner shall return the certificate to the first lien holder. Should the original lien holder sell and assign his lien to some other person and such assignee desires to have his name substituted on the certificate of title as the holder or such lien, he may on delivering the original certificate of title to the commissioner and a sworn statement of such assignment, have his name substituted as such lien holder.

(4) The provisions of §§28.22 and 319.15 of the Florida Statutes, shall continue to apply to the notice of lien, deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of same, made prior to August 1, 1949, and covering a motor vehicle, unless and until the indebtedness evidenced by such chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument, or any copy of same, has been noted by the motor vehicle commissioner on the certificate of title provided for by this law.

IUs tory .-§8, elL 23658, 1947. Am. §6, ch. 25150, 1949.

319.28 Transfer of ownership by operation of law.-

(1) In the event of the transfer of ownership of a motor vehicle by operation of law as upon inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, attachment, execution or other judicial sale or whenever the engine of a motor vehicle is replaced by another engine, or whenever a motor vehicle is sold to satisfy storage or repair charges, or repossession is had upon default in performance of the terms of a chattel mortgage, trust receipt, conditional sales contract or other like


agreement, the commissioner, upon the surrender of the prior certificate of title, or when that is not possible, upon presentation of satisfactory proof to the said commissioner of ownership and right of possession to such motor vehicle, and upon payment of the fee prescribed by law, and presentation of an application for certificate of title, may issue to the applicant a certificate of title thereto.

(2) Only an affidavit by the person, or agent of the person to whom possession of such motor vehicle has so passed, setting forth facts entitling him to such possession and ownership, together with a copy of the journal entry, court order or instrument upon which such claim of possession and ownership is founded, shall be considered satisfactory proof of ownership and right of possession. If the applicant cannot produce such proof of ownership he may submit such evidence as he may have, and the commissioner may thereupon, if he finds the evidence sufficient, issue a certificate of title.

(3) If, from the records in the office of said commissioner, there appears to be any other lien or liens on said motor vehicle, such certificate of title shall co~'.;ain a statement of said liens, unless such application is either accompanied by proper evidence of their satisfaction or extinction, or contains a statement reciting that at least five days' registered mail notice of intention to seek repossessed certificate of title has been given each lien or encumbrance holder noted as subsequent on the last issued certificate of title. If such notice is given and no written protest to the commissioner i:! presented within ten days from the date of the giving of the registered notice by any subsequent lien holder, then the certificate of title shall be issued showing no liens. If the former owner or any subsequent lien holder should file within the said ten days a written protest, under oath, then the commissioner shall not issue the repossessed certificate for ten days thereafter. If within said ten days no injunction or other order of a court of competent jurisdiction has been served on the commissioner commanding him not to deliver the certificate, then he shall deliver the repossessed certificate to the applicant or as may otherwise be directed in the application showing no other liens than those shown in the application.

History.-§9, ch. 23658, §§1, 2, ch. 23723, 1947. Am. §7, ch. 25150, 1949.

319.29 Lost or destroyed certificates; memorandum certificates.-

(!) In the event of a lost or destroyed certificate of title, application shall be made to the commissioner by the owner ' of said motor vehicle or the holder of a lien thereon for a duplicate copy of same upon a prescribed form and under regulations issued by the commissioner and accompanied by a fee prescribed by this law. Such application shall be signed and sworn to by the person making the same. Thereupon the commissioner shall issue a duplicate copy of said certificate of title to the person entitled to receive the certificate of title under

1160

the provisions of this law. Said duplicate copy and all subsequent certificates of title issued in the chain of title originated by said duplicate copy shall be plainly marked across their faces "duplicate copy," and any subsequent purchaser of said motor vehicle in the chain of title originating through such duplicate copy shall acquire only such rights in such motor vehicle as the original holder of said duplicate copy himself had.

(2) Any purchaser of such motor vehicle may at the time of such purchase require the seller of same to indemnify him and all subsequent purchasers of said motor vehicle against any loss which he or they may suffer by reason of any claim or claims presented upon the original certificate. In the event of the recovery of the original certificate of title by: said owner he shall forthwith surrender same to the commissioner for cancellation.

(3) The owner of a motor vehicle shown by the certificate of title may at any time make application to the commissioner for a memorandum certificate, which application shall be made upon a form to be prescribed by the motor vehicle commissioner and signed and sworn to by such applicant. Upon receipt of such application, if the same appears to be regular, together with the fee prescribed by this law, the commissioner shall issue to such applicant a memorandum certificate for said motor vehicle. Whenever the original certificate is delivered to a lien holder, the commissioner shall furnish to the owner a memorandum certificate without application and without any further fees. If the application is made at the time of application for a certificate of title no fee shall be required for the memorandum certificate. In the event such memorandum certificate is lost or destroyed, the holder thereof may obtain a duplicate copy of the same upon the filing of an application therefor with said commissioner on a prescribed form and accompanied by the fee prescribed in this law. In the event of the recovery of the original memorandum certificate by said owner he shall forthwith surrender same to the commissioner for cancellation. Such memorandum certificate shall be effective only for the purpose of obtaining a certificate of registration, is not assignable, and constitutes no evidence of title or of right to transfer or encumber the motor vehicle described therein.

History.-§10, ch. 23658, 1947. Am. §8, ch. 25150, 1949.

319.30 Dismantling, destruction or change of identity of vehicle.-Each owner of a motor vehicle and each person mentioned as owner in the last certificate of title, when such motor vehicle is dismantled, destroyed, or changed in such manner that · it is not the motor vehicle described in the certificate of title, shall surrender his certificate of title to the commissioner and thereupon said commissioner shall with the consent of any holders of any liens noted thereon, enter a cancellation upon his records. Upon cancellation of a certificate of

1161

title in the manner prescribed by this section, the commissioner may cancel and destroy all certificates and all memorandum certificates in that chain of title.

History.-§11, ch. 23658, 1947. Am. §9, ch. 25150, 1949.

319.31 Requisites of certificates; forms.A certificate of title shall be printed upon a special watermarked paper to be selected by the commissioner. The commissioner may by regulation require aqditional information and may alter, change or modify the following forms shown in this section. He may prescribe such additional forms as may be needed in the administration of this law.

(1) CERTIFICATE OF TITLE No ... ............ ......... .

State of Florida, County of ..................................... . This is to Certify that ...... ........................ ............... .

(Registered Owner's Name)

(Registered Owner's Address in Full) is the owner of the following described motor vehicle: Make ............ Body ..... ...... . Type .......... ModeL ...... . Mfr's Serial No ................... Motor No .................. . Year made ................. . having acquired title to said motor vehicle from ......................................... ............................... : .... .

(Name of Previous Owner) upon which motor vehicle are the f.ollowing liens, mortgages or encumbrances:

LIENS ............................................... . (Note: If there are no liens, mortgages or encumbrances the word "none" will appear above, if there are any liens the word "yes" will appear with the following information.)

FIRST LIEN Amount Kind of Lien Holder Address

Date of Notation ................................... . Date of Satisfaction ...................... ....... .

Commissioner's Signature ....... .......... ..... ....... .... . SECOND LIEN

Amount Kind of Lien Holder Address

Date of Notation ........................... ........ . Date of Satisfaction ..................... ........ .

Commissioner's Signature ................................. . THIRD LIEN

Amount Kind of Lien Holder Address

Date of Notation ................................... . Date of Satisfaction ............................. .

Commissioner's Signature ................................. . Witness my hand this .... .... day of ................ , 19 ..... .

(Motor Vehicle Commissioner)

(2) An "Assignment of Certificate of Title" shall appear on the face of or on the reverse side of each certificate of title.

ASSIGNMENT OF CERTIFICATE OF TITLE State of Florida County of ............................................... .


The under!;;igned, being the owner of the motor vehicle described in the within Certificate of Title, hereby sells and assigns all right, title and interest in and to said Certificate of Title and the motor vehicle described therein to ......... .

(Name of Assignee)

(Address of Assignee in Full) The undersigned states and warrants that there are no mortgages, liens or encumbrances on said motor vehicle except as noted on the face of this Certificate of Title. Date ....................... ........................ .

(Signature of Assignor)

(Address in Full) Subscribed and sworn to before me at ................. . in the State oL ............. ..................... this ............... . day of ................ ... .... ................... , 19 ......... .

(Notary Public) A "reassignment by .......................... dealer" shall likewise appear on the reverse side of each Certificate of Title. REASSIGNMENT BY .............................. DEALER To be filled in by .......... ................................ Dealer only .... ....................... .......... ..... ......... . State of Florida County of ................................. .............. .

The undersigned, being a .................. ...... Dealer, License No ..................... who purchased the motor vehicle described in the within Certificate of Title, hereby sells and assigns all his right, title and interest in and to said Certificate of Title and the motor vehicle described, therein to

(Name of Assignee)

(Address of Assignee) The undersigned states and warrants that

there are no mortgages, liens or encumbrances on said motor vehicle except as noted on the face of this Certificate of Title. Date ...... ..... ... ......... .

......... ... ................ .................... DEALER SUBSCRIBED and sworn to before me at ........... . . .................. .in the State of. .................... ........... ....... . this .............. day oL .................................... , 19 ....... .

(Notary Public)

(3) APPLICATION FOR CERTIFICATE OF TITLE

State of Florida County of ................... ... ......................... .

(Name of Applicant) (Address in Full) hereby states that he, she, or it is the lawful owner or purchaser of the following described motor vehicle and makes application for a Certificate of Title to same: Make ............ Body ............ Type .......... ModeL ...... . Mfr's Serial No ........... ........ Motor No .. ..... ........ ... . Year Made ...... ............. .


Applicant acquired said motor vehicle by __ _____ _

(State How Acquired) From ____ _____ ______ _____ _________ ________________ _______ ____ ______ ______ _____ __ _

residing at --- ---------------------------------- -- ------ ----------- -- ------ --(Address of Previous Owner in Full )

The following is a full st a tement of all liens, mortgages or encumbrances on sa id motor vehicle:

LIENS __ _______ ______ __ _____ ____ ________ ____ ___ _____ ______ _ _ (Note: If there are no liens, mortgages or encumbrances, the word "none" must appear on the above line ; if there are any liens the word "yes" must appear with the following information. )

Amount Kind of Lien Holder Address First Lien -------------- ---- -------------------- ------- -- -------- ----·-·----Second Lien -------------- ---- --- -- ------ ------------------------ -------·-Third Lien ------- ---- ------ --- --- -- -- --- -- ----------- ---------------- -· ---Deliver Certificate to ------------ -- --- ----- -- ------------------- ---Address ----------------------------- ------ ----------- ---------------- ------ --If previously registered outside of Florida ; "The above vehicle was pr eviously registered on the ---------- day of ---------------------- --- --- A. D. 19 ..... . a t --- --- -- -------- ------------------------ --- -- --------- in the County of ------ --- --- -------------------- -- State of -- ----------------------- -- -By -------------------------- ---------- ------ ------------- ---------------------- ---

(Officer, Agency or Authority) Date--- -------- ------ -- --- ---- -- --

(Signature of Applicant) Subscribed and sworn to before me at ---- -- -------- ---- -- ------------- ------ -- ----- - in the State of ---------- ----------this ------------ day of ---------------------------------- 19 ....... .

(Notary Public) DEALER CERTIFICATE

(To be part of Application) I hereby certify that the Motor Vehicle de

scribed above is a -- ----- -------- ------------- vehicle, and (new or used)

was acquired by me from ------ --- -- ------ ----- ------------- ---(Name of Manufac-

------- -- ----------------- --------------- ----- -------------- -- --- ----- ---- whose turer, Distributor or Former Owner) address is -------------- -- -- ---- -- ---- --- ------- ------- ------- -------- ------and no certificate has previously been issued.

I warrant title and cer tify that there a re no liens other than shown in such application.

By ----- --- -- ------ ---- ---------------------- --- ------------ --- ----License No. -------- ---------------------- ----------------Address --- ---- --- --------- -- -- ---- -------- ---------------··

(4) MEMORANDUM CERTIFICATE CERTIFICATE OF TITLE

State of Florida, County of --- ------------------- ----- ------No. -------- ------- ------ ----- --- ----------- ---- -- This is to certify that----- -------- -- --- ---- ----------- --- ------- ---------- --- ----------- -----------

(Registered Owner's Name)

(Registered Owner's Address in Full ) appears from the record of this office to be the Registered Owner named in the abovementioned certificate of title for the following described motor vehicle:

1162

Make -- ------------------------------- - Body -- ------------------------ ----Type --- ------------------------------- Model --------- --- ---- -----------Mfr's. Ser. No. -------------------------- ---- -------------- Motor No. ----------------- --- ---------- ---- -- Year Made ------------------Having acquired title to said motor vehicle from:

~ - ---- ----------- -------------------- ---- --- --- ------ --------------- --- ---- -------------. (Name of P~evious Owner) ·

(Address of Previous Owner in Full ) upon which motor vehicle are the following liens, mortgages or encumbrances:

LIENS -------- ---- ------------------------- ---------- -- ----- ----(Note: If there are no liens, mortgages or encumbrances the word "none" will appear above; if there are any liens the word "yes" will appear with the following information. )

FIRST LIEN Amount ----- --------- -- ------ Kind of Lien ---- -- ---- ------- ----Holder ---------------------------- Address ----------- --------- -- ---, Date of Notation --- ----------- -- ----- ------------ --- --Date of Satisfaction ------ ----------- ----- --- -----

Commissioner's Signature ------- -------- ---------------SECOND LIEN

Amount ---- ----- ------- ------ Kind of Lien --- ------- --- ---- --- -Holder --------------- ---- --------- Address --------- ----- -- ----- ----Date of Notation -------------- --- --------- -- ------ ----Date of Satisfaction ----------- ------- ---- --------

Commissioner's Signature ---------- -- ------ ---- --- -----THIRD LIEN

Amount --- ------------------- Kind of Lien -- -- --------- --------· Holder -- ---------- ------------ --- - Address ----------- ----------- ---Date of Notation -- --- --------- ------ ------------------Date of Satisfaction ------ ------ ------- --- --------

Commissioner's Signature ----- -- ------ -- --- ----- -------This memorandum certificate is effective only

for the purpose of obtaining a certificate of registration, is not assignable, and constitutes no evidence of title or of right to transfer or encumber the motor vehicle described herein.

Witness my hand this -- --- --- --- --------------------- day of --- --------------- ------- -- --- ---------- -- ------ 19 ____ _____ __ _

(5)

(Motor Vehicle Commissioner)

APPLICATION FOR MEMORANDUM CERTIFICATE

State of Florida, County of --------- -- --- -- ----- ------- -- ---· The undersigned hereby represents that he

is the Registered Owner named in the Certificate of Title Number ----- ----- ---- -- --- --- ---- issued by Motor Vehicle Commissioner -- ---- --- -------- ------------· ------ ------- ------- -- for the following described motor vehicle: Make ------ -- ------- ------ ----- -- -- Body ----------------------- ---------

i{f~~s.-·s·~-~:-·N·~-_- --_-_-_-_-_-_-_-_-_-_·:_· __ ~~~~~--::: : : : : : :: : ::: : ::··M~t~~ No. -- ------------------ -- -- -- ------- --- Year Made -- ------- --- -- -----and that he is the lawful owner of said motor vehicle and is entitled by law to receive a memorandum certificate therefor.

(Signature of Applicant) Subscribed and sworn to before me at ------------------------ ---------- ------- in the State of --------- --- -- ---- ---------· this ---------------- day of ------- ---- ----- -- ----- ------- 19 ....... .

1163

(Notary Public)

(6) APPLICATION FOR ASSIGNMENT OF LIEN

State of Florida County of ----- -- --- ------- --- -- ----- --- ---- ------------

The undersigned hereby represents that he is the assignee of that certain lien dated the --------------- --- day of ---------------------------------------- 19 ....... . covering that certain motor vehicle described as follows:

Make Type Motor Serial Number

originally held by ---------------------------------------------------whose address is ----------------------------------------------- ----as shown by accompanying certificate of title and desires to have the certificate show such lien now held by the undersigned and represents that on this date there is a balance of $---------------- as principal still due and unpaid.

(Signature of Applicant)

(Address) Subscribed and sworn to before me at ___________ _ ---- ---- ---------------------- in the State of -------------------- -- ---· this ----- ---- ------ --- day of ---------------------.------- 19 ....... .

(Notary Public)

(7) APPLICATION :{t'OR DUPLICATE COPY OF CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE

~tate of Florida, County of ---------------------------------· The undersigned hereby makes application

for a duplicate copy of (Certificate of Title) (Memorandum Certificate) No. ----------------------------issued to ---------------- --- ----- ---------------·----------------------------

(Owner's Name) residing at ------- ---- ----------------------------- -- ----------------·---·-on the --- --------- day of ------------------------------ 19 ........ , for the following described motor vehicle: Make ------------------------------ Body -------- -------- ----- -----------Type -------------------------------- Model ------------------------------Mfr's. Ser. No. _____________ ; ______________________ ___ _____ Motor

No. -----------------------·------ Year Made ---------------- ---- ----upon ·which there are the following mortgages, liens, and encumbrances:

LIENS -------------------------------------------- --------------(Note: If there are no liens, mortgages or encumbrances the word "none" will appear above; if there are any liens the word "yes" will appear with the following information.)

FIRST LIEN Amount ---------------------- Kind of Lien ---------------------Holder ---- --- ---------------- --- Address ---------------------------Date of Notation ------------------------------

SECOND LIEN Amount ___ ------------------ Kind of Lien --------------------·-Holder --- --------- --- ----------- Address --- --------------- ---------Date of Notation ---------------- -- ------------

THIRD LIEN Amount -- ------------------ -- Kind of Lien ---------------------Holder -- --------------- -- ------- Address -- ---- ---.------------------Date of Notation --------------- --------- ------

This applicant represents, for the purpose of obtaining said duplicate copy that he is the


lawful owner of (lien holder of) said motor vehicle, and that the original Certificate of Title (memorandum certificate) has been lost or destroyed; that said motor vehicle has not been sold or disposed of, or mortgaged or otherwise encumbered except as above set forth, and is now in the possession of ---------------·----·--·

(Name of Owner or Lien Holder) residing at ---------------------------------- --- ---------------------------

(Address in Full) and that if said Certificate of Title (memorandum certificate) be hereafter recovered by this applicant, he will deliver same to the Commissioner of motor vehicles for cancellation.

Deliver Certificate to ---------------------------------------------· Address ----------------------------------------------------------------------Dated -------------------------- ----- -- ---

(Signature of Applicant)

(Address in Full) Subscribed and sworn to before me at -----------· --- --------------------- in the State of ·--------·-·---·-----··---···-• this ---------------- day of -------------------- -- -----·-----· 19 ....... .

(Notary Public)

(8) NOTICE OF LIEN Certificate No. ---·--------------

Notice is hereby given that there is an existing written contract between the undersigned involving the motor vehicle described below, and the undersigned lien holder claims a lien as herein shown. Motor No. Serial No.

Make Year Type

Kind of Lien Amount of Lien Date of Lien

(To be signed by the Registered Owner or Owners and by the Lien Holder and sworn to by each before a Notary.)

(Signature of Registered Owner)

(Address of Owner) Sworn to and subscribed before me this -------------- day of ------ -- -------------------- 19 ....... .

(Notary Public (SEAL)

(Signature of Lien Holder)

(Address of Lien Holder) Sworn to and subscribed before me this ------------------ day of -------------------------- 19 ....... .

(Notary Public

(9) SATISFACTION OF LIEN Certificate No. ----------- --------- --

(SEAL)

The undersigned owner and holder of the fol-


lowing described lien on the following described motor vehicle : Motor No. Serial No.

Make Year Type

Kind of Lien Amount of Lien Date of Lien

Hereby acknowledges full payment and satis-faction of the above described lien this ............. . day of ........................................ 19 ....... .

(Signature of Lien Holder)

(Address of Lien Holder) Sworn to and subscribed before me this ............. . day of ...................................... 19 ....... .

(Notary Public History.-§12, ch. 23658, 1947. Am. §10, ch. 25150, 1949.

(SEAL)

319.32 Fees.-The commissioner shall charge a fee of fifty cents for each memorandum certificate, except as provided in §319.29; fifty cents for each duplicate copy of a certificate of title; fifty cents for each assignment by a lien holder and a fee of one dollar for each original certificate of title. He shall also charge a fee of one dollar for noting a lien on a certificate, which fee shall include the services for the subsequent issuance of a corrected certificate or cancellation of lien when that particular lien is satisfied.

He shall charge a fee of fifty cents for noting the cancellation of any lien filed prior to August 1, 1949.

All fees collected under this law shall be paid into the auto theft fund.

History.-§13, ch. 23658, 1947. Am. §11, ch. 25150, 1949.

319.33 Alteration or forgery; procuring or passing certificate covering stolen vehicle; serial numbers; false or fictitious name or address.Whoever alters or forges any certificate of title to a motor vehicle, or any assignment thereof or any cancellation of any liens on a motor vehicle; or whoever holds or uses such certificate or assignment or cancellation knowing the same to have been altered or forged; or whoever procures or attempts to procure a certificate of title to a motor vehicle, or passes or attempts to pass a certificate of title or any assignment thereof to a motor vehicle, knowing or having reason to believe that such motor vehicle has been stolen;

1164

or whoever sells or offers for sale in this state a motor vehicle on which the motor number or manufacturer's serial number has been destroyed, removed, covered, altered or defaced with knowledge of such destruction, removal, covering, alteration or defacement of said motor number or manufacturer's serial number; or whoever uses a false or fictitious name or gives a false or fictitious address or makes any false statement in any application or affidavit required under the provisions of this law, or in a bill of sale or sworn statement of ownership or otherwise commits a fraud in any application shall upon conviction thereof be punished by imprisonment in the state penitentiary not exceeding five years, or by fine not exceeding five thousand dollars or both, in the discretion of the court. This section shall not be exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of motor vehicles, but shall be deemed supplementary thereto.

History.-§14, ch. 23658, 1947.

319.34 Transfer without delivery of certificate; operation without certificate; failure to surrender; other violations.-Whoever shall, except as otherwise provided for in this law, purport to sell or transfer a motor vehicle without delivery to the purchaser or transferee thereof a certificate of title thereto duly assigned to such · purchaser as provided in this law or shall operate in this state a motor vehicle for which a certificate of title is required without such certificate having been obtained in accordance with the provisions of • this law, or upon which the certificate of title has been cancelled; or whoever shall fail to surrender any certificate of title or memorandum certificate or any certificate of registration or license plates or tags upon cancellation of the same by the commissioner and notice thereof as prescribed in this law; or whoever fails to surrender the certificate of title to the commissioner as provided in this law in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title; or whoever shall violate any of the other provisions of the law, or any lawful rule or regulation promulgated pursuant to the provisions of this law, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both, for each offense.

History.-§15, ch. 23658, 1947. Am. §12, ch. 25150, 1949.

1165 MOTOR VEHICLE LICENSES, ETC. §320.01

CHAPTER 320

MOTOR VEHICLE LICENSES, ETC.

320.01 Definitions, general. 320.02 Application for registration; forms. 320.03 License plates·; duties of tax collectors. 320.04 License pltates; service charge. 320.05 Registration; open to inspection. 320.06 Registration; certificate and number. 320.07 Registration renewed annually. 320.08 License fees. 320.081 License fees for trailer coaches and trailers

used for housing accommodation, etc. 320.082 License fees for antiquated vehicles. 320.083 Amateur radio operators; special tags; fee. 320.09 Additional fee for certain vehicles. 320.10 Exemptions. 320.11 Solid tires and airless cushion tires. 320.12 License tax for nonresidents operating auto

mobiles for hire; penalty. 320.13 Dealers' registration tags, duplicates, and

320.14 320.15 320.16

alternative method of registration. Fractional registration fee. Deductions from registration tax. Interstate commerce; advance payment and

refund. 320.17 Classification and assessment by commis-

320.18 320.19 320.20 320.21 320.22 320.23 320.24

320.25

320.26

320.27 320.28

320.29 320.30 320.31 320.32 320.33

320.34 320.35 320.36

320.37

sioner. Withholding registration. Lien of tax and enforcement. Disposition of license moneys. Motor vehicle expense fund. Motor vehicle refund fund. Taxes deemed compensatory. Counties and municipalities may not im

pose licenses on motor vehicles, etc. Obtaining license by false statements;

penalty. Counterfeiting tags, etc., prohibited; pen

alty. License required of secondhand dealers. Nonresident dealers in secondhand motor

vehicles. Title certificate to be delivered. Penalty for violating §§320.28-320.29. Definitions covering § §320.28-320.30. Transfer of registration; fee; penalty. Unlawful to possess . motor vehicles from

which serial number has been removed. Failure to register motor vehicle. License plates; how displ,ayed. "For hire" certificates; containers and

transfer; penalty. Registration not to apply to nonresidents.

320.01 Definitions, generaL-In construing these statutes, when applied to motor vehicles, where the context permits, the word, phrase or term:

(1) "Motor vehicle" includes automobiles, motorcycles, motor trucks and all other vehicles operated over the public highways and streets of this state and propelled by power other than muscular power, but does not include traction engines, road .rollers and such vehicles as run only upon a track.

(2) "Local authorities" includes all officers and public officials of the several counties and municipalities of this state.

f3) "Owner" includes any person, firm, corporation, or association controlling any motor vehicle by right of purchase, gift, lease or otherwise.

320.38 When nonresident exemption not allowed. 320.39 Reciprocal agreements for nonresident ex

emption. 320.40 Maximum weights. 320.41 Maximum length, width and height; chains

of trailers prohibited. 320.42 Rough surfaced wheels prohibited; penalty. 320.43 Certain vehicles prohibited on hard sur

320.45 320.46 320.47 :S<:O.<±d 3~U.b.l 320.54

faced roads. Crossing railway tracks. Signs at dangerous crossings. Locomotive whistles. 1-'enaltY tor ViOlations of §§320.45-320.47. 1:<-arm tractors and trailers exempt. Regulation of traffic on state roads, pen

alty. 320.55 ' Conflicting ordinances prohibited; excep

320.56 320.57 320.58

320.59 320.60 320.61

320.62 320.63 320.64

320.65 320.66 320.67 320.68

320.69 320.70 320.'11 J20.72 320.74 320.75

320.76 320.77 320.78 320.79 320.80 320.81

tion. Excessive appearance bonds prohibited. Penalties for violations of this chapter. License inspectors; powers, appointment,

etc. Liability to guest or passenger. Definitwns for §§320.51-320.70. Licenses required of motor vehicle manu

facturers, factory branches and factory representatives.

Licenses; amount; disposition of proceeds. Application for license; contents. Denial, suspension or revocation of license~

grounds. Denial of license; notice. Hearing for revocation, etc. Inspection of license, books, etc. Revocation of license held by firms or cor

porations. Rules and regulations. Penalties for violation. Non-resident automobile dealer's license. Specially selected numbers. For hire license plate; when use prohibited. License plates; manufacture from substitute

material. Transfer of certain funds. Licensing trailer coach dealers; definitions. Acting as dealer without license prohibited. Application for license. Bond. License fee; presumption as to acting as

dealer or agent. 320.82 Noncompliance with law.

( 4) "Chauffeur" includes any person operating any motor vehicle as an employee of the owner thereof; provided, the term "chauffeur" does not apply to a person using a motor driven vehicle as an incident to their employment in some other capacity.

(5) "Trailer" includes all four wheel vehicles coupled to, or drawn by, a motor vehicle.

(6) "Semi-trailer" includes any two wheel vehicle coupled to, or drawn by, any motor vehicle.

(7) "Motorcycle sidecar" includes any attachment to a motorcycle for extra conveying capacity, requiring the use of one or more extra wheels.

(8) "Solid tires" includes all tires of any material or substance, which do not depend

§320.02 MOTOR VEHICLE LICENSES, ETC.

upon confined air for the support of the load, except airless cushion tires.

(9) "Pneumatic tires" includes all tires made of rubber and fabric inflated with air.

(10) "Trucks" includes any motor vehicle designed or used principally for carrying things other than passengers and includes a motor vehicle to which has been added a cabinet box, platform, rack or other equipment for the purpose of carrying merchandise other than the person or effects of the passengers; also, any unit consisting of tractor and trailer so constructed as to haul merchandise or loads other than persons.

(11) "Tractor" includes any motor vehicle having four or more wheels designated or used for drawing other vehicles, but having no provision for carrying loads independently.

(12) "Cwt." shall be understood to refer to the net weight per hundred pounds, or major fraction thereof, of a motor vehicle.

(13) "Net weight" shall be construed to be the actual scale weight with complete catalogue equipment.

(14) The word "passenger", or any abbreviation thereof, shall not include the driver. . (15) "Private use" shall be construed to mean the use of all vehicles, which are not properly classified as "for hire" vehicles.

(16) "For hire" vehicles include all motor vehicles, or trailers drawn by motor vehicles, when used for transporting persons, commodities or materials for compensation; let or rented to another for a consideration; offered for rent or hire as a means of transportation for compensation; advertised in a newspaper or generally held out as being for rent or hire; used in connection with a travel bureau or when offered or used to provide transportation for persons solicited through personal contact or advertised on a "share-expense" basis. When freight or passengers are transported in a motor vehicle outside of a municipal corporation of this state, for compensation or when freight is transported in a motor vehicle not owned by the same person owning the said freight, so that there is identity of ownership between the said freight and motor vehicle, such transportation shall be deemed "for hire." The carrying of goods, wares, merchandise and other personal property in motor vehicles by corporations or associations for their stockholders, sharehoJders and members, cooperative or otherwise, shall be deemed transportation "for hire"; provided, however, the following shall not be deemed as operating "for hire," to-wit: Motor vehicles used for transporting school children to and from school under contract with school officials; hearses and ambulances when operated by licensed embalmers and morticians, their agents and employees in this state; motor vehicles used in the transportation of agricultural and horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of said supplies or to associa-

1166

tions of said growers or consumers; and motor vehicles temporarily used by farmers for the transportation of agricultural and horticultural products from farms or groves to packing houses or to points of shipment by transportation companies.

(17) "State road" shall be construed to mean any part of any road, including the bridges thereon, heretofore or which may hereafter be designated by the legislature or by the state road department, in ·accordance with law, as a state road, which has been, or may hereafter be constructed, maintained, or otherwise improved by the state road department, or which is now, or may hereafter be, in course of construction, maintenance or improvement by such department.

U8) ''Station wagons," also known as "suburbans," not used for hire, are hereby declared to be "automobiles for private use" so far as the same relates to the laws of this state, fixing and prescribing fees and taxes on automobiles, and shall hereafter pay the same fees and taxes as are prescribed by the laws of Florida for "automobiles for private use."

( 19) A "farm tractor" is hereby defined to be a motor vehicle operated principally upon a farm, grove, or orchard in agricultural or horticultural ·pursuits and which uses the highways of this state incidentally in going from their headquarters to such farms, groves or orchards and returning therefrom, or in going from one farm, grove or orchard to another, except that said term shall not include a truck chassis upon which any spraying machine is hauled by anyone engaged in whole or in part in spraying for others for compensation. A "farm trailer" is defined as a vehicle without motive power which is drawn by a farm tractor and used principally for the purpose of transporting plows, harrows, fertilizer distributors, spray machines and other farm or grove implements, and which uses the highways of this state only incidentally in connection with farm tractors as above described.

History.- §§!, 6, ch. 7275, 1917; §1, ch. 7737, 1918; RGS 1006, 1011; §§2, 5, ch. 8410, 1921; §2, ch. 9156, 1923; §§1, 3, ch. 10182. 1925; CGL 1280, 1285, 1677; §3, ch. 15625, 1931; §3, ch. 16085, 1933; §1, ch. 20743, 1941; §1, ch. 20911, 1941; RGS 1006. cf.-§1.01 for general definitions.

320.02 Application for registration; forms. -Every owner, or person in charge of a motor vehicle, trailer, semi-trailer, or motorcycle sidecar, which shall be operated or driven upon the highways of the state, or which shall be maintained in this state, shall for each such vehicle so owned, cause to be filed by mail or otherwise, in the office of the state motor vehicle commissioner of the State of Florida, a certified application for registration of same on a blank to be furnished for that purpose, containing:

(1) A description of each motor vehicle to be registered, including purpose for which it is to be used, the name of the manufacturer, the style, type, engine number, horsepower and net weight in pounds, and in case of motor trucks, trailers, and semi-trailers, the factory rated load capacity, as well as the net weight

1167

in pounds, according to the standard of the Nationa l Automobile Chamber of Commerce ; , and in case of motor vehicles for carrying passengers, the net weight in pounds and the seating capacity.

(2) The name, age, residence and business address of the owner of such vehicle, and also the county and state or place, if outside of the state, in which he resides; and a statement that he is over sixteen years of age, and if to be operated wholly within the limits of a municipality, the name of such municipality shall be given.

History.-§2, ch. 7275, 1917 ; R GS 1007; §3, ch. 8410, 1921; §2, ch. 10182, 1925 ; CGL 1281 ; §1, ch. 15625, 1931 ; §1, ch. 16085, 1933. cf .-§47.29 et seq. Service of process on nonresident motor

vehicle owners or operators. §320.37, C_erta in nonresidents exempt from r egist.r a tion

requirem ents. §320.51, Exemption of f a rm tra ctors a nd tra ilers.

320.03 License plates; duties of tax collectors. -The tax collectors in the several counties of the State of Florida shall deliver license .plates to applicants, subject to the requirements of law, in accordance with rules and regulations to be prescribed with reference thereto by the state motor vehicle commissioner. Each tax collector shall be required to give a good and sufficient surety bond, payable to the state motor vehicle commissioner and his successors in office, condit ioned that he will f a ithfully and truly perform the duties imposed upon him according to the requirements of law and the rules and regulations of the state motor vehicle commissioner, and that he will well and truly pay over and account for all license plates, records and other property and money which may come into his possession or control by reason of such service. The amount of such bond shall be fixed by the state motor vehicle commissioner and shali be in proportion to the amount of accountability which is likely to arise in such capacity, the said amount to be fixed by the state motor vehicle commissioner.

Each tax collector shall keep a full and cornpletP. record and account of all license plates or other properties received by him from the state motor vehicle commissioner, or from any other source, and shall make prompt remitt ance of moneys collected by him at such times and in such manner as rules and regulations promulgated in that behalf may prescribe.

History.-§2, ch. 7275, 1917; RGS 1007 ; §3, ch. 8410, 1921; ~~08~h .1l~i:82 , 1925 ; CGL 1281; §1, ch. 15625, 1931; §1, ch.

cf.- P opula tion t ables in Volu me II f or d e livery of motor vehicle license pla t es by jus tice of the peace, dist. no. 6, In certnln counties.

320.04 License plates; service charge.-(1) There shall be a service charge of twenty

five cents for each application which is handled, which service charge shall be collected from the applicant as compensation for all services rendered in connection with the handling of the application. Said fee shall be retained by the tax collector as other fees accruing to the tax collector's office. Provided, however, that each tax collector shall be entitled to receive minimum com-

MOTOR VEHICLE LICENSES, ETC. §320.06

pensation of five hundred dollars per year for his sa id services as agent for the motor vehicle cornmissioner . Each tax collector of the State of Florida who is affected by this law shall, as soon as practicable after November 30th of each year, fil e a written report with the motor vehicle cornmissioner showing the amount of all fees received by him under the provisions of this section since the last such report was filed (except for the tag year commencing December 1, 1944, such report shall be filed not later than January 15, 1946) ; and the motor vehicle commissioner, or such other person as may be now or hereafter authorized by law, after auditing and verifying such report is hereby authorized and directed to remit to such tax collector out of the motor vehicle expense fund an amount sufficient to cover the difference between the said fees collected by the tax collector and the minimum amount as provided by this law.

(2) The service fees herein provided for shall be collected by the motor vehicle commissioner on all license tags issued direct from his office, and the proceeds thereof, together with the proceeds of all f ees returned to him by tax collectors shall be paid into the motor vehicle expense fund. No tax collector, deputy t ax collector or employee of the sta te or any county shall charge, collect or r eceive any fee or compensation as notar y public or otherwise, f or any service in connection with the execution of any notarial certificate to any applicati on for license, application for title, reg istration, change of title or for other service incidental to the issuance of license tags.

( 3 ) The provisions hereof shall be applicable to the said service rendered by the said tax collectors commencing with December 1, 1944.

Jli s tory.-§2, ch. 7275, 1917 ; RGS 1007 ; §3, ch. 8410, 1921 ; §2, c h . 10182, 1925 ; CGL 1281 ; §1, ch. 15625, 1931 ; §§1, 5, ch . 16085, 1933; a m. § §1, 2, ch. 23149, 1945.

320.05 Registration; open to inspection.Upon the receipt of an application for the registration of a motor vehicle, as herein provided for, the state motor vehicle commissioner shall file such application in his office and register such motor vehicle, with the name, residence and business address of the owner, manufacturer or dealer, as the case may be, together with the facts stated in such application, in a book or index to be kept for the purpose, under the distinctive number assigned to such motor vehicle by the state motor vehicle commissioner, which book or index shall be open to the inspection of the public during business hours.

History.-§3, ch. 7275, 1917; RGS 1008 ; CGL 1282.

320.06 Registration; certificate and number.-Upon the filing of such application and the payment of the fee herein provided for, the state motor vehicle commissioner shall assign to such motor vehicle a distinctive license number, and without expense to the applicant, issue and deliver to the owner a certificate of registration and one license number plate for each motor vehicle, trailer, semi-trailer and motorcycle sidecar so registered, of the form and size herein provided

§320.07 MOTOR VEHICLE LICENSES, ETC.

for. In the event of the loss, mutilation or destruction of a certificate of registration or a license number plate, the owner of a registered motor vehicle, trailer, semi-trailer, or motorcycle sidecar may obtain from the state motor ve?icl~ commissioner a duplicate thereof upon fihng m the office of the state motor vehicle commissioner an affidavit showing the facts and upon the payment of a fee of one dollar for each duplicate. Number plates shall be of metal at least five inches wide and not less than twelve inches in length, and shall show in bold characters the year of registration, serial number, name of the state, and some slogan or emblem or slogan and emblem, such as "YEAR ROUND STATE", or other appropriate slogan or emblem which in the opinion of the motor vehicle commissioner shall advertise the resources, advantages, history, or development of the state of Florida, provided, however, that the slogan or emblem or slogan and emblem hereinabove required may be eliminated from such tags by executive order of the governor, and the motor vehicle commissioner, if, in their discretion, they find that the costs of same are t oo great, or the difficulty in complying with such provision is disproportionate to the value thereof. It is expressly understood that the provisions of this paragraph do not apply to the tags issued for the year 1942.

History.-§§4, 13, ch. 7275, 1917 ; RGS 1009, 1018 ; §§4, 10 ch. 8410, 1921; §5, ch. 10182, 1925; CGL 1283, 1292 ; §1, ch: 13701, 1929; §1, ch. 20408, 1941.

320.07 Registration renewed annually. -Such registration shall be renewed annually and in the same manner and upon payment of the same fee as provided for in the original registration, such renewal to take effect on the first day of January of each year; provided, however, that auto transportation companies holding certificates of public convenience and necessity may register semiannually the commercial motor vehicles used by them under such certificates in their business and no registration or license shall be required to be paid during such semiannual period as the same may not be registered and in use, if the annual registration rate for the aforesaid motor vehicles is in excess of one hundred dollars, fee not included.

The sale of license number plates by the motor vehicle commissioner or his agents, for the ensuing year, shall begin on December first. The operation of any motor vehicle after the fifteenth of January, without having attached thereto a license tag for the current year, shall subject the operator thereof to arrest and punishment as provided by law for the operation of a motor vehicle without proper license. The time for the operation of any motor vehicle for the current year may be extended by the governor from January fifteenth of the current year for a period of thirty days if within his judgment and discretion an emer~ gency exists justifying the thirty days extension period.

Hlstory.-§5, ch. 7275, 1917; RGS 1010; CGL 1284 ; §2, ch. 15625, 1931; §1, ch. 16084, 1933; §§2, 5, ch. 16085, 1933.

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320.08 License fees.-The following license fees shall be paid to and collected by the state motor vehicle commissioner upon the registration or reregistration of the following vehicles:

MOTORCYCLES: "A" Series: All motorcycles: $5.00 fiat.

AUTOMOBILES FOR PRIVATE USE: "T" Series: Net weight of 2,000 pounds or

less: $5.00 fiat. "D" Series: Net weight of 2,000 pounds or

more, but less than 2,500 pounds: $10.00 fiat. "Plain Series": Net weight of 2,500 pounds

or more but less than 3,500 pounds: $15.00 fiat. "W" Series: Net weight of 3,500 pounds or

more, but less than 4,500 pounds: $20.00 fiat. "WW" Series: Net weight of 4,500 pounds

or more: $25.00 fiat. TRUCKS FOR PRIVATE USE:

"G" Series: Net weight less than 2,000 pounds: $0.50 per cwt.

"GH" Series: Net weight not less than 2,000 pounds and not more than 3,000 pounds: $0.60 per cwt. ·

"GK" Series: Net weight not less than 3,000 pounds and not more than 5,000 pounds: $0.75 per cwt.

"GL" Series: Net weight more than 5,000 pounds: $1.00 per cwt.

TRUCKS FOR HIRE, FACTORY RATED LOAD CAP A CITY TO BE INCLUDED IN

CALCULATION OF NET WEIGHT: "GFH" Series: Weight less than 4,000

pounds: $1.00 per cwt. "HFH" Series: Weight over 4,000 pounds:

$1.75 per cwt. "K" Series: School buses used exclusively

for the purpose of transporting pupils to and from school: $25.00 fiat.

The operators of any motor vehicle used exclusively for the transportation of pupils to and from school, shall not be charged any sum greater than that paid by the operators or owners of ambulances, hearses or automobile wreckers owned and operated by a garage in connection with its regular business.

"K" Series: Motor vehicles operated solely as wreckers, owned and operated by a garage in connection with its regular business: $25.00 fiat.

"K" Series: Hearses, ambulances: $25.00 fiat.

AUTOMOBILES FOR HIRE: "E" Series: Under 7 passengers: $1.00 per

cwt. "F" Series: 7 to 16 passengers: $1.50 per

cwt. plus $10.00 per passenger. "S" Series: Over 16 passengers: $1.50 per

cwt. plus $10.00 per passenger. SMALL TRAILERS:

"V" Series: All two-wheel trailers weighing 500 pounds or less: $2.50 fiat, per year or any part thereof. There shall be no reduction for half or quarter year license for trailers in this special class. The minimum charge law for issuing license tags shall be inapplicable to the aforesaid special class.

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1119 GENERAL DRAINAGE §298 · 2014. 10. 1. · 1119 limitation of ten per cent of the annual mainten ance tax which may be levied shall apply to the amount of benefits as readjusted