Senate Bill 1290
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
By Senator Silver
38-1617-98 See HB 797
1 A bill to be entitled
2 An act relating to driver's licenses; amending
3 s. 322.12, F.S.; requiring tests of certain
4 elderly drivers at designated intervals;
5 amending s. 322.121, F.S.; basing license
6 reexaminations on point assessments; amending
7 s. 322.18, F.S.; providing for a 3-year license
8 for certain drivers; amending s. 322.21, F.S.;
9 revising the fee for certain original or
10 renewal driver's licenses; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (6) is added to section 322.12,
16 Florida Statutes, to read:
17 322.12 Examination of applicants.--
18 (6)(a) The department shall examine every applicant
19 for an original driver's license, or renewal thereof, every 3
20 years after the attainment of the licensee's 75th birthday.
21 (b) Any applicant or licensee who has attained the age
22 of 73 years and 6 months, but is not older than 75 years of
23 age, may be issued a Florida driver's license valid through
24 midnight of the applicant's 78th birthday.
25 (c) All examinations and reexaminations conducted by
26 the department, pursuant to this subsection, shall include
27 vision, hearing, and other such tests as deemed necessary by
28 the department.
29 (d) The department is authorized to adjust the
30 expiration date of any issued license necessary to comply with
31 the provisions of this subsection.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 Section 2. Section 322.121, Florida Statutes, is
2 amended to read:
3 322.121 Periodic reexamination of all drivers.--
4 (1) It is the intent of the Legislature that all
5 licensed drivers in Florida be reexamined upon renewal of
6 their licenses. Because only a small percentage of drivers in
7 the state are categorized as problem drivers, the Legislature
8 intends that the large number of drivers who have not had any
9 convictions for the 3 years preceding renewal and whose
10 driving privilege in this state has not been revoked,
11 disqualified, or suspended at any time during the 7 years
12 preceding renewal be processed expeditiously upon renewal of
13 their licenses by examinations of their eyesight and hearing
14 only and that all other licensees be tested, in addition to
15 the eyesight and hearing examinations, with respect to their
16 ability to read and understand highway signs regulating,
17 warning, and directing traffic.
18 (1)(2) Each licensee must pass a reexamination at the
19 time of renewal, except as otherwise provided in this chapter.
20 For each licensee whose driving record does not show
21 assessment of more than three points during any convictions
22 for the preceding 3 years or any revocations,
23 disqualifications, or suspensions for the preceding 7 years;
24 and who, at the time of renewal, presents a renewal notice
25 verifying such safe driving record, the reexamination shall
26 consist of tests of the licensee's eyesight and hearing. For
27 all other licensees, in addition to the eyesight and hearing
28 tests, the reexamination must include tests of the ability to
29 read and understand highway signs and pavement markings
30 regulating, warning, and directing traffic.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 (2)(3) For each licensee whose driving record does not
2 show assessment of more than three points during any
3 revocations, disqualifications, or suspensions for the
4 preceding 7 years or any convictions for the preceding 3
5 years, except for convictions of the following nonmoving
6 violations:
7 (a) Failure to exhibit a vehicle registration
8 certificate, rental agreement, or cab card pursuant to s.
9 320.0605(1);
10 (b) Failure to renew a motor vehicle or mobile home
11 registration that has been expired for 4 months or less
12 pursuant to s. 320.07(3)(a);
13 (c) Operating a motor vehicle with an expired license
14 that has been expired for 4 months or less pursuant to s.
15 322.065;
16 (d) Failure to carry or exhibit a license pursuant to
17 s. 322.15(1); or
18 (e) Failure to notify the department of a change of
19 address or name within 10 days pursuant to s. 322.19,
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21 the department shall cause such licensee's license to be
22 prominently marked with the notation "Safe Driver."
23 (3)(4) Eyesight examinations must be administered as
24 provided in s. 322.12.
25 (4)(5) An examination fee may not be assessed for
26 reexamination required by this section.
27 (5)(6) Members of the Armed Forces, or their
28 dependents residing with them, shall be granted an automatic
29 extension for the expiration of their licenses without
30 reexamination while serving on active duty outside this state.
31 This extension is valid for 90 days after the member of the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 Armed Forces is either discharged or returns to this state to
2 live.
3 (6)(7) In addition to any other examination authorized
4 by this section, an applicant for a renewal of a commercial
5 driver's license may be required to complete successfully an
6 examination of his or her knowledge regarding state and
7 federal rules, regulations, and laws, governing the type of
8 vehicle which he or she is applying to be licensed to operate.
9 (7)(8) In addition to any other examination authorized
10 by this section, an applicant for a renewal of an endorsement
11 issued under s. 322.57(1)(a), (b), (c), (d), or (e) may be
12 required to complete successfully an examination of his or her
13 knowledge regarding state and federal rules, regulations, and
14 laws, governing the type of vehicle which he or she is seeking
15 an endorsement to operate.
16 Section 3. Subsections (2), (4), and (8) of section
17 322.18, Florida Statutes, are amended to read:
18 322.18 Original applications, licenses, and renewals;
19 expiration of licenses; delinquent licenses.--
20 (2) Each applicant who is entitled to the issuance of
21 a driver's license, as provided in this section, shall be
22 issued a driver's license, as follows:
23 (a) An applicant applying for an original issuance
24 shall be issued a driver's license which expires at midnight
25 on the licensee's birthday which next occurs on or after the
26 sixth anniversary of the date of issue. An applicant for an
27 original license who is 75 years of age or older shall be
28 issued a license that expires at midnight on the licensee's
29 next birthday that occurs on or after the third anniversary of
30 the date of issue.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 (b) An applicant applying for a renewal issuance or
2 renewal extension whose driving record reflects assessment of
3 no more than three points for the preceding 3 years shall be
4 issued a driver's license or renewal extension sticker which
5 expires at midnight on the licensee's birthday which next
6 occurs 6 4 years after the month of expiration of the license
7 being renewed, except that a driver whose driving record
8 reflects no convictions for the preceding 3 years shall be
9 issued a driver's license or renewal extension sticker which
10 expires at midnight on the licensee's birthday which next
11 occurs 6 years after the month of expiration of the license
12 being renewed.
13 (4) Except as otherwise provided in this chapter, all
14 licenses shall be renewable every 3 4 years or 6 years,
15 depending upon the terms of issuance and shall be issued or
16 extended upon application, payment of the fees required by s.
17 322.21, and successful passage of any required examination,
18 unless the department has reason to believe that the licensee
19 is no longer qualified to receive a license.
20 (8) The department shall issue 4-year and 6-year
21 license extensions by mail, electronic, or telephonic means
22 without reexamination for no more than 2 consecutive license
23 extensions.
24 (a) If the department determines from its records that
25 the holder of a license about to expire is eligible for
26 renewal, the department shall mail a renewal notice to the
27 licensee at his or her last known address, not less than 30
28 days prior to the licensee's birthday. The renewal notice
29 shall direct the licensee to appear at a driver license office
30 for in-person renewal or to transmit the completed renewal
31 notice and the fees required by s. 322.21 to the department by
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Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 mail, electronically, or telephonically within the 30 days
2 preceding the licensee's birthday for a license extension.
3 License extensions shall not be available to drivers directed
4 to appear for in-person renewal.
5 (b) Upon receipt of a properly completed renewal
6 notice, payment of the required fees, and upon determining
7 that the licensee is still eligible for renewal, the
8 department shall send a license extension sticker to the
9 licensee to affix to the expiring license as evidence that the
10 license term has been extended.
11 (c) The department shall issue license extensions for
12 two consecutive license expirations only. Upon expiration of
13 a second two consecutive license extension period periods,
14 in-person renewal with reexamination as provided in s. 322.121
15 shall be required. A person who is out of this state when his
16 or her license expires may be issued a 90-day temporary
17 driving permit without reexamination. At the end of the 90-day
18 period, the person must either return to this state or apply
19 for a license where the person is located, except for a member
20 of the Armed Forces as provided in s. 322.121(5)(6).
21 (d) In-person renewal at a driver license office shall
22 not be available to drivers whose records indicate they were
23 directed to apply for a license extension.
24 (e) Any person who knowingly possesses any forged,
25 stolen, fictitious, counterfeit, or unlawfully issued license
26 extension sticker, unless possession by such person has been
27 duly authorized by the department, commits a misdemeanor of
28 the second degree, punishable as provided in s. 775.082 or s.
29 775.083.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 (f) The department shall develop a plan for the
2 equitable distribution of license extensions and renewals and
3 the orderly implementation of this section.
4 Section 4. Subsection (1) of section 322.21, Florida
5 Statutes, is amended to read:
6 322.21 License fees; procedure for handling and
7 collecting fees.--
8 (1) Except as otherwise provided herein, the fee for:
9 (a) An original or renewal commercial driver's license
10 is $50, which shall include the fee for driver education
11 provided by s. 233.063; however, if an applicant has completed
12 training and is applying for employment or is currently
13 employed in a public or nonpublic school system that requires
14 the commercial license, the fee shall be the same as for a
15 Class E driver's license. A delinquent fee of $1 shall be
16 added for a renewal made not more than 12 months after the
17 license expiration date.
18 (b) An original Class D or Class E driver's license is
19 $10 for a license issued for 3 years and $20 for a license
20 issued for 6 years $20, which shall include the fee for
21 driver's education provided by s. 233.063; however, if an
22 applicant has completed training and is applying for
23 employment or is currently employed in a public or nonpublic
24 school system that requires a commercial driver license, the
25 fee shall be the same as for a Class E license.
26 (c) The renewal or extension of a Class D or Class E
27 driver's license issued for 3 years is $7.50, and the renewal
28 or extension of a Class D or Class E driver's license issued
29 for 6 years or of a license restricted to motorcycle use only
30 is $15, except that a delinquent fee of $1 shall be added for
31 a renewal or extension made not more than 12 months after the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1290
38-1617-98 See HB 797
1 license expiration date. The fee provided in this paragraph
2 shall include the fee for driver's education provided by s.
3 233.063.
4 (d) An original driver's license restricted to
5 motorcycle use only is $20, which shall include the fee for
6 driver's education provided by s. 233.063.
7 (e) Each endorsement required by s. 322.57 is $5.
8 Section 5. This act shall take effect July 1, 1998.
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11 LEGISLATIVE SUMMARY
12 Requires tests of certain elderly drivers at designated
intervals. Revises provisions governing reexaminations
13 and criteria for being designated a safe driver. Provides
for a 3-year license for certain drivers and revises fees
14 for issuance and renewal of licenses.
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