House Bill hb1121

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    Florida House of Representatives - 2001                HB 1121

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to drivers' licenses; amending

  3         s. 322.01, F.S.; defining the term "county tax

  4         collector" with respect to duties of the

  5         Department of Highway Safety and Motor Vehicles

  6         relating to drivers' licenses; amending ss.

  7         322.02, 322.03, 322.05, 322.051, 322.059,

  8         322.07, 322.08, 322.09, 322.091, 322.095,

  9         322.12, 322.121, 322.125, 322.13, 322.135,

10         322.14, 322.141, 322.142, 322.16, 322.161,

11         322.1615, 322.17, 322.18, 322.20, 322.21,

12         322.212, 322.22, 322.221, 322.251, 322.26,

13         322.28, 322.282, 322.32, F.S.; specifying those

14         powers and duties that the department may

15         delegate to county tax collectors; providing

16         for the disposition of fees when services are

17         performed by county tax collectors; providing

18         an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Present subsections (11) through (42) of

23  section 322.01, Florida Statutes, are renumbered as

24  subsections (12) through (43), respectively, and a new

25  subsection (11) is added to that section, to read:

26         322.01  Definitions.--As used in this chapter:

27         (11)  "County tax collector" means a county tax

28  collector who is performing as an authorized agent of the

29  department.

30         Section 2.  Subsection (5) is added to section 322.02,

31  Florida Statutes, to read:

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  1         322.02  Administration.--

  2         (5)  The department shall allow any county tax

  3  collector that elects to do so to be a complete and total

  4  authorized agent of the department, for that county only, to

  5  be charged with the local administration and function of

  6  enforcing this chapter.

  7         Section 3.  Subsection (2) and paragraph (a) of

  8  subsection (3) of section 322.03, Florida Statutes, are

  9  amended to read:

10         322.03  Drivers must be licensed; penalties.--

11         (2)  Prior to issuing a driver's license, the

12  department or county tax collector shall require any person

13  who has been convicted two or more times of a violation of s.

14  316.193 or of a substantially similar alcohol-related or

15  drug-related offense outside this state within the preceding 5

16  years, or who has been convicted of three or more such

17  offenses within the preceding 10 years, to present proof of

18  successful completion of or enrollment in a

19  department-approved substance abuse education course.  If the

20  person fails to complete such education course within 90 days

21  after issuance, the department shall cancel the license.

22  Further, prior to issuing the driver's license the department

23  or county tax collector shall require such person to present

24  proof of financial responsibility as provided in s. 324.031.

25  For the purposes of this paragraph, a previous conviction for

26  violation of former s. 316.028, former s. 316.1931, or former

27  s. 860.01 shall be considered a previous conviction for

28  violation of s. 316.193.

29         (3)(a)  The department or county tax collector may not

30  issue a commercial driver's license to any person who is not a

31  resident of this state.

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  1         Section 4.  Section 322.05, Florida Statutes, is

  2  amended to read:

  3         322.05  Persons not to be licensed.--The department or

  4  a county tax collector may not issue a license:

  5         (1)  To a person who is under the age of 16 years,

  6  except that the department or a county tax collector may issue

  7  a learner's driver's license to a person who is at least 15

  8  years of age and who meets the requirements of ss. 322.091 and

  9  322.1615 and of any other applicable law or rule.

10         (2)  To a person who is at least 16 years of age but is

11  under 18 years of age unless the person meets the requirements

12  of s. 322.091 and holds a valid:

13         (a)  Learner's driver's license for at least 12 months,

14  with no traffic convictions, before applying for a license;

15         (b)  Learner's driver's license for at least 12 months

16  and who has a traffic conviction but elects to attend a

17  traffic driving school for which adjudication must be withheld

18  pursuant to s. 318.14; or

19         (c)  License that was issued in another state or in a

20  foreign jurisdiction and that would not be subject to

21  suspension or revocation under the laws of this state.

22         (3)  To a person who is at least 16 years of age but

23  who is under 18 years of age, unless the parent, guardian, or

24  other responsible adult meeting the requirements of s. 322.09

25  certifies that he or she, or another licensed driver 21 years

26  of age or older, has accompanied the applicant for a total of

27  not less than 50 hours' behind-the-wheel experience, of which

28  not less than 10 hours must be at night. This subsection is

29  not intended to create a private cause of action as a result

30  of the certification. The certification is inadmissible for

31  any purpose in any civil proceeding.

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  1         (4)  Except as provided by this subsection, to any

  2  person, as a Class A licensee, Class B licensee, Class C

  3  licensee, or Class D licensee, who is under the age of 18

  4  years.  A person age 16 or 17 years who applies for a Class D

  5  driver's license is subject to all the requirements and

  6  provisions of ss. 322.09 and 322.16(2) and (3).  Any person

  7  who applies for a Class D driver's license who is age 16 or 17

  8  years must have had a learner's driver's license or a driver's

  9  license for at least 90 days before he or she is eligible to

10  receive a Class D driver's license. The department may require

11  of any such applicant for a Class D driver's license such

12  examination of the qualifications of the applicant as the

13  department considers proper, and the department may limit the

14  use of any license granted as it considers proper.

15         (5)  To any person whose license has been suspended,

16  during such suspension, nor to any person whose license has

17  been revoked, until the expiration of the period of revocation

18  imposed under the provisions of this chapter.

19         (6)  To any person, as a commercial motor vehicle

20  operator, whose privilege to operate a commercial motor

21  vehicle has been disqualified, until the expiration of the

22  period of disqualification.

23         (7)  To any person who is an habitual drunkard, or is

24  an habitual user of narcotic drugs, or is an habitual user of

25  any other drug to a degree which renders him or her incapable

26  of safely driving a motor vehicle.

27         (8)  To any person who has been adjudged to be

28  afflicted with or suffering from any mental disability or

29  disease and who has not at the time of application been

30  restored to competency by the methods provided by law.

31

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  1         (9)  To any person who is required by this chapter to

  2  take an examination, unless such person shall have

  3  successfully passed such examination.

  4         (10)  To any person, when the department has good cause

  5  to believe that the operation of a motor vehicle on the

  6  highways by such person would be detrimental to public safety

  7  or welfare. Deafness alone shall not prevent the person

  8  afflicted from being issued a Class D or Class E driver's

  9  license.

10         (11)  To any person who is ineligible under s. 322.056.

11         Section 5.  Subsections (1), (2), (3), and (4) of

12  section 322.051, Florida Statutes, are amended to read:

13         322.051  Identification cards.--

14         (1)  Any person who is 12 years of age or older, or any

15  person who has a disability, regardless of age, who applies

16  for a disabled parking permit under s. 320.0848, may be issued

17  an identification card by the department or a county tax

18  collector upon completion of an application and payment of an

19  application fee.

20         (a)  Each such application shall include the following

21  information regarding the applicant:

22         1.  Full name (first, middle or maiden, and last),

23  gender, social security card number, residence and mailing

24  address, and a brief description.

25         2.  Proof of birth date satisfactory to the department.

26         3.  Proof of identity satisfactory to the department.

27  Such proof must include one of the following unless a driver's

28  license record or identification card record has already been

29  established: a certified copy of a United States birth

30  certificate, a valid United States passport, an alien

31  registration receipt card (green card), an employment

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  1  authorization card issued by the United States Department of

  2  Justice, or proof of nonimmigrant classification provided by

  3  the United States Department of Justice, for an original

  4  identification card.

  5         (b)  An application for an identification card must be

  6  signed and verified by the applicant in a format designated by

  7  the department before a person authorized to administer oaths.

  8  The fee for an identification card is $3, including payment

  9  for the color photograph or digital image of the applicant. If

10  the card is provided by a county tax collector, the office of

11  the collector shall retain $2.50 of this fee as cost

12  reimbursement.

13         (2)  Every identification card shall expire, unless

14  canceled earlier, on the fourth birthday of the applicant

15  following the date of original issue.  However, if an

16  individual is 60 years of age or older, and has an

17  identification card issued under this section, the card shall

18  not expire unless done so by cancellation by the department or

19  by the death of the cardholder.  Renewal of any identification

20  card shall be made for a term which shall expire on the fourth

21  birthday of the applicant following expiration of the

22  identification card renewed, unless surrendered earlier.  Any

23  application for renewal received later than 90 days after

24  expiration of the identification card shall be considered the

25  same as an application for an original identification card.

26  The renewal fee for an identification card shall be $3. If the

27  card is provided by a county tax collector, the office of the

28  collector shall retain $2.50 of this fee as cost

29  reimbursement. The department shall, at the end of 4 years and

30  6 months after the issuance or renewal of an identification

31  card, destroy any record of the card if it has expired and has

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  1  not been renewed, unless the cardholder is 60 years of age or

  2  older.

  3         (3)  In the event an identification card issued under

  4  this section is lost, destroyed, or mutilated or a new name is

  5  acquired, the person to whom it was issued may obtain a

  6  duplicate upon furnishing satisfactory proof of such fact to

  7  the department or a county tax collector and upon payment of a

  8  fee of $2.50 for such duplicate, which shall be retained by

  9  the issuing entity as cost reimbursement and includes include

10  payment for the color photograph or digital image of the

11  applicant.  Any person who loses an identification card and

12  who, after obtaining a duplicate, finds the original card

13  shall immediately surrender the original card to the

14  department.  The same documentary evidence shall be furnished

15  for a duplicate as for an original identification card.

16         (4)  When used with reference to identification cards,

17  "cancellation" means that an identification card is terminated

18  without prejudice and must be surrendered. Cancellation of the

19  card may be made when a card has been issued through error or

20  when voluntarily surrendered to the department or county tax

21  collector.

22         Section 6.  Section 322.059, Florida Statutes, is

23  amended to read:

24         322.059  Mandatory surrender of suspended driver's

25  license and registration.--Any person whose driver's license

26  or registration has been suspended as provided in s. 322.058

27  must immediately return his or her driver's license and

28  registration to the Department of Highway Safety and Motor

29  Vehicles or a county tax collector.  If such person fails to

30  return his or her driver's license or registration, any law

31

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  1  enforcement agent may seize the license or registration while

  2  the driver's license or registration is suspended.

  3         Section 7.  Section 322.07, Florida Statutes, is

  4  amended to read:

  5         322.07  Instruction permits and temporary licenses.--

  6         (1)  Any person who is at least 18 years of age and

  7  who, except for his or her lack of instruction in operating a

  8  motor vehicle, would otherwise be qualified to obtain a Class

  9  E driver's license under this chapter, may apply for a

10  temporary instruction permit.  The department or a county tax

11  collector shall issue such a permit entitling the applicant,

12  while having the permit in his or her immediate possession, to

13  drive a motor vehicle of the type for which a Class E driver's

14  license is required upon the highways for a period of 90 days,

15  but, except when operating a motorcycle or moped as defined in

16  s. 316.003, the person must be accompanied by a licensed

17  driver who is 21 years of age or older, who is licensed to

18  operate the class of vehicle being operated, and who is

19  actually occupying the closest seat to the right of the

20  driver.

21         (2)  The department or a county tax collector may, in

22  its discretion, issue a temporary permit to an applicant for a

23  Class D or Class E driver's license permitting him or her to

24  operate a motor vehicle of the type for which a Class D or

25  Class E driver's license is required while the department is

26  completing its investigation and determination of all facts

27  relative to such applicant's right to receive a driver's

28  license.  Such permit must be in his or her immediate

29  possession while operating a motor vehicle, and it shall be

30  invalid when the applicant's license has been issued or for

31  good cause has been refused.

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  1         (3)  Any person who, except for his or her lack of

  2  instruction in operating a Class D or commercial motor

  3  vehicle, would otherwise be qualified to obtain a Class D or

  4  commercial driver's license under this chapter, may apply for

  5  a temporary Class D or temporary commercial instruction

  6  permit. The department or county tax collector shall issue

  7  such a permit entitling the applicant, while having the permit

  8  in his or her immediate possession, to drive a Class D or

  9  commercial motor vehicle on the highways, provided that:

10         (a)  The applicant possesses a valid driver's license

11  issued in any state; and

12         (b)  The applicant, while operating a Class D or

13  commercial motor vehicle, is accompanied by a licensed driver

14  who is 21 years of age or older, who is licensed to operate

15  the class of vehicle being operated, and who is actually

16  occupying the closest seat to the right of the driver.

17         Section 8.  Subsections (2) and (5) of section 322.08,

18  Florida Statutes, are amended to read:

19         322.08  Application for license.--

20         (2)  Each such application shall include the following

21  information regarding the applicant:

22         (a)  Full name (first, middle or maiden, and last),

23  gender, social security card number, residence and mailing

24  address, and a brief description.

25         (b)  Proof of birth date satisfactory to the department

26  or county tax collector.

27         (c)  Proof of identity satisfactory to the department

28  or county tax collector. Such proof must include one of the

29  following unless a driver's license record or identification

30  card record has already been established: a certified copy of

31  a United States birth certificate, a valid United States

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  1  passport, an alien registration receipt card (green card), an

  2  employment authorization card issued by the United States

  3  Department of Justice, or proof of nonimmigrant classification

  4  provided by the United States Department of Justice, for an

  5  original license.

  6         (d)  Whether the applicant has previously been licensed

  7  to drive, and, if so, when and by what state, and whether any

  8  such license or driving privilege has ever been disqualified,

  9  revoked, or suspended, or whether an application has ever been

10  refused, and, if so, the date of and reason for such

11  disqualification, suspension, revocation, or refusal.

12         (5)  The department or county tax collector may not

13  issue a driver's license to a person who has never been issued

14  a driver's license in any jurisdiction until he or she

15  successfully completes the traffic law and substance abuse

16  education course prescribed in s. 322.095.

17         Section 9.  Subsection (3) of section 322.09, Florida

18  Statutes, is amended to read:

19         322.09  Application of minors.--

20         (3)  The department or a county tax collector may not

21  issue a driver's license or learner's driver's license to any

22  applicant under the age of 18 years who is not in compliance

23  with the requirements of s. 322.091.

24         Section 10.  Subsection (1), paragraphs (c) and (e) of

25  subsection (2), and subsection (4) of section 322.091, Florida

26  Statutes, are amended to read:

27         322.091  Attendance requirements.--

28         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

29  PRIVILEGES.--A minor is not eligible for driving privileges

30  unless that minor:

31

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  1         (a)  Is enrolled in a public school, nonpublic school,

  2  or home education program and satisfies relevant attendance

  3  requirements;

  4         (b)  Has received a high school diploma, a high school

  5  equivalency diploma, a special diploma, or a certificate of

  6  high school completion;

  7         (c)  Is enrolled in a study course in preparation for

  8  the Test of General Educational Development and satisfies

  9  relevant attendance requirements;

10         (d)  Is enrolled in other educational activities

11  approved by the district school board and satisfies relevant

12  attendance requirements;

13         (e)  Has been issued a certificate of exemption

14  according to s. 232.06; or

15         (f)  Has received a hardship waiver under this section.

16

17  The department or a county tax collector may not issue a

18  driver's license or learner's driver's license to, or shall

19  suspend the driver's license or learner's driver's license of,

20  any minor concerning whom the department receives notification

21  of noncompliance with the requirements of this section.

22         (2)  NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;

23  RECORD OF NONCOMPLIANCE.--

24         (c)  Twenty days after the date of issuance of this

25  notice, the department shall suspend the minor's operator's

26  license or learner's driver's license or record the legal

27  name, sex, date of birth, and social security number of each

28  minor who does not possess a driver's license or learner's

29  driver's license, unless the minor has provided the department

30  or a county tax collector with verification of compliance with

31  the requirements of subsection (1) or the appropriate school

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  1  official has provided the department or a county tax collector

  2  with verification of a request for a waiver hearing.

  3         (e)  The department or a county tax collector may not

  4  issue a driver's license or learner's driver's license to any

  5  minor for whom it has a record of noncompliance with the

  6  requirements of subsection (1) unless the minor submits

  7  verification of compliance pursuant to subsection (4).

  8         (4)  VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A

  9  district school board shall provide a minor with written

10  verification that he or she is in compliance with the

11  requirements of subsection (1) if the district determines that

12  he or she has been in compliance for 30 days prior to the

13  request for verification of compliance.  Upon receiving

14  written verification that the minor is again in compliance

15  with the requirements of subsection (1), the department or

16  county tax collector shall reinstate the minor's driving

17  privilege.  Thereafter, if the school district determines that

18  the minor is not in compliance with the requirements of

19  subsection (1), the department shall suspend the minor's

20  driving privilege until the minor is 18 years of age or

21  otherwise satisfies the requirements of subsection (1),

22  whichever occurs first.

23         Section 11.  Subsection (1) of section 322.095, Florida

24  Statutes, is amended to read:

25         322.095  Traffic law and substance abuse education

26  program for driver's license applicants.--

27         (1)  The Department of Highway Safety and Motor

28  Vehicles must approve traffic law and substance abuse

29  education courses that must be completed by applicants for a

30  Florida driver's license.  The curricula for the courses must

31  provide instruction on the physiological and psychological

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  1  consequences of the abuse of alcohol and other drugs, the

  2  societal and economic costs of alcohol and drug abuse, the

  3  effects of alcohol and drug abuse on the driver of a motor

  4  vehicle, and the laws of this state relating to the operation

  5  of a motor vehicle. All instructors teaching the courses shall

  6  be certified by the department or a county tax collector.

  7         Section 12.  Section 322.12, Florida Statutes, is

  8  amended to read:

  9         322.12  Examination of applicants.--

10         (1)  It is the intent of the Legislature that every

11  applicant for an original driver's license in this state be

12  required to pass an examination pursuant to this section.

13  However, the department or a county tax collector may waive

14  the knowledge, endorsement, and skills tests for an applicant

15  who is otherwise qualified and who surrenders a valid driver's

16  license from another state or a province of Canada, or a valid

17  driver's license issued by the United States Armed Forces, if

18  the driver applies for a Florida license of an equal or lesser

19  classification. A person who seeks to retain a

20  hazardous-materials endorsement, pursuant to s. 322.57(1)(d),

21  must pass the hazardous-materials test, upon surrendering his

22  or her commercial driver's license, if the person has not

23  taken and passed the hazardous-materials test within 2 years

24  preceding his or her application for a commercial driver's

25  license in this state.

26         (2)  The department or a county tax collector shall

27  examine every applicant for a driver's license, including an

28  applicant who is licensed in another state or country, except

29  as otherwise provided in this chapter. A person who holds a

30  learner's driver's license as provided for in s. 322.1615 is

31  not required to pay a fee for successfully completing the

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  1  examination showing his or her ability to operate a motor

  2  vehicle as provided for herein and need not pay the fee for a

  3  replacement license as provided in s. 322.17(2).  Any person

  4  who applies for reinstatement following the suspension or

  5  revocation of his or her driver's license shall pay a service

  6  fee of $25 following a suspension, and $50 following a

  7  revocation, which is in addition to the fee for a license. Any

  8  person who applies for reinstatement of a commercial driver's

  9  license following the disqualification of his or her privilege

10  to operate a commercial motor vehicle shall pay a service fee

11  of $50, which is in addition to the fee for a license.  The

12  department or an authorized county tax collector shall collect

13  all of these fees at the time of reinstatement.  If the

14  license is reinstated by a county tax collector, $15 of the

15  fee shall be retained by the office of the county tax

16  collector as a service fee. The department or a county tax

17  collector shall issue proper receipts for such fees and shall

18  promptly transmit all funds received by it as follows:

19         (a)  Of the $25 fee received from a licensee for

20  reinstatement following a suspension issued by, the

21  department, shall deposit $15 shall be deposited into in the

22  General Revenue Fund and the remaining $10 shall be deposited

23  in the Highway Safety Operating Trust Fund. Of the $25 fee

24  received for reinstatement of a suspension issued by a county

25  tax collector, $10 shall be forwarded to the department for

26  deposit into the General Revenue Fund and $15 shall be

27  retained as a service fee by the office of the county tax

28  collector.

29         (b)  Of the $50 fee received from a licensee for

30  reinstatement following a revocation or disqualification

31  issued by, the department, shall deposit $35 shall be

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  1  deposited in the General Revenue Fund and the remaining $15

  2  shall be deposited in the Highway Safety Operating Trust Fund.

  3  Of the $50 fee received for reinstatement of a revocation or

  4  disqualification issued by a county tax collector, $35 shall

  5  be forwarded to the department for deposit into the General

  6  Revenue Fund and $15 will be retained as a service fee by the

  7  office of the county tax collector.

  8

  9  If the revocation or suspension of the driver's license was

10  for a violation of s. 316.193, or for refusal to submit to a

11  lawful breath, blood, or urine test, an additional fee of $105

12  must be charged.  However, only one such $105 fee is to be

13  collected from one person convicted of such violations arising

14  out of the same incident.  The department or county tax

15  collector shall collect the $105 fee and deposit it into the

16  Highway Safety Operating Trust Fund at the time of

17  reinstatement of the person's driver's license, but the fee

18  must not be collected if the suspension or revocation was

19  overturned.

20         (3)  For an applicant for a Class D or a Class E

21  driver's license, such examination shall include a test of the

22  applicant's eyesight given by the driver's license examiner

23  designated by the department or a county tax collector or by a

24  licensed ophthalmologist, optometrist, or physician and a test

25  of the applicant's hearing given by a driver's license

26  examiner or a licensed physician.  The examination shall also

27  include a test of the applicant's ability to read and

28  understand highway signs regulating, warning, and directing

29  traffic; his or her knowledge of the traffic laws of this

30  state, including laws regulating driving under the influence

31  of alcohol or controlled substances, driving with an unlawful

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  1  blood-alcohol level, and driving while intoxicated; and his or

  2  her knowledge of the effects of alcohol and controlled

  3  substances upon persons and the dangers of driving a motor

  4  vehicle while under the influence of alcohol or controlled

  5  substances and shall include an actual demonstration of

  6  ability to exercise ordinary and reasonable control in the

  7  operation of a motor vehicle.

  8         (4)  The examination for an applicant for a commercial

  9  driver's license shall include a test of the applicant's

10  eyesight given by a driver's license examiner designated by

11  the department or a county tax collector or by a licensed

12  ophthalmologist, optometrist, or physician and a test of the

13  applicant's hearing given by a driver's license examiner or a

14  licensed physician.  The examination shall also include a test

15  of the applicant's ability to read and understand highway

16  signs regulating, warning, and directing traffic; his or her

17  knowledge of the traffic laws of this state pertaining to the

18  class of motor vehicle which he or she is applying to be

19  licensed to operate, including laws regulating driving under

20  the influence of alcohol or controlled substances, driving

21  with an unlawful blood-alcohol level, and driving while

22  intoxicated; his or her knowledge of the effects of alcohol

23  and controlled substances and the dangers of driving a motor

24  vehicle after having consumed alcohol or controlled

25  substances; and his or her knowledge of any special skills,

26  requirements, or precautions necessary for the safe operation

27  of the class of vehicle which he or she is applying to be

28  licensed to operate.  In addition, the examination shall

29  include an actual demonstration of the applicant's ability to

30  exercise ordinary and reasonable control in the safe operation

31  of a motor vehicle or combination of vehicles of the type

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  1  covered by the license classification which the applicant is

  2  seeking, including an examination of the applicant's ability

  3  to perform an inspection of his or her vehicle.

  4         (a)  The portion of the examination which tests an

  5  applicant's safe driving ability shall be administered by the

  6  department or a county tax collector or by an entity

  7  authorized by the department to administer such examination,

  8  pursuant to s. 322.56.  Such examination shall be administered

  9  at a location approved by the department.

10         (b)  A person who seeks to retain a hazardous-materials

11  endorsement must, upon renewal, pass the test for such

12  endorsement as specified in s. 322.57(1)(d), if the person has

13  not taken and passed the hazardous-materials test within 2

14  years preceding his or her application for a commercial

15  driver's license in this state.

16         (5)(a)  The department shall formulate a separate

17  examination for applicants for licenses to operate

18  motorcycles.  Any applicant for a driver's license who wishes

19  to operate a motorcycle, and who is otherwise qualified, must

20  successfully complete such an examination, which is in

21  addition to the examination administered under subsection (3).

22  The examination must test the applicant's knowledge of the

23  operation of a motorcycle and of any traffic laws specifically

24  relating thereto and must include an actual demonstration of

25  his or her ability to exercise ordinary and reasonable control

26  in the operation of a motorcycle.  In the formulation of the

27  examination, the department shall consider the use of the

28  Motorcycle Operator Skills Test and the Motorcycle in Traffic

29  Test offered by the Motorcycle Safety Foundation. The

30  department or county tax collector shall indicate on the

31  license of any person who successfully completes the

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  1  examination that the licensee is authorized to operate a

  2  motorcycle.  If the applicant wishes to be licensed to operate

  3  a motorcycle only, he or she need not take the skill or road

  4  test required under subsection (3) for the operation of a

  5  motor vehicle, and the department or county tax collector

  6  shall indicate such a limitation on his or her license as a

  7  restriction. Every first-time applicant for licensure to

  8  operate a motorcycle who is under 21 years of age must provide

  9  proof of completion of a motorcycle safety course, as provided

10  for in s. 322.0255, before the applicant may be licensed to

11  operate a motorcycle.

12         (b)  The department or a county tax collector may

13  exempt any applicant from the examination provided in this

14  subsection if the applicant presents a certificate showing

15  successful completion of a course approved by the department,

16  which course includes a similar examination of the knowledge

17  and skill of the applicant in the operation of a motorcycle.

18         Section 13.  Subsection (3) of section 322.121, Florida

19  Statutes, is amended to read:

20         322.121  Periodic reexamination of all drivers.--

21         (3)  For each licensee whose driving record does not

22  show any revocations, disqualifications, or suspensions for

23  the preceding 7 years or any convictions for the preceding 3

24  years except for convictions of the following nonmoving

25  violations:

26         (a)  Failure to exhibit a vehicle registration

27  certificate, rental agreement, or cab card pursuant to s.

28  320.0605;

29         (b)  Failure to renew a motor vehicle or mobile home

30  registration that has been expired for 4 months or less

31  pursuant to s. 320.07(3)(a);

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  1         (c)  Operating a motor vehicle with an expired license

  2  that has been expired for 4 months or less pursuant to s.

  3  322.065;

  4         (d)  Failure to carry or exhibit a license pursuant to

  5  s. 322.15(1); or

  6         (e)  Failure to notify the department or a county tax

  7  collector of a change of address or name within 10 days

  8  pursuant to s. 322.19,

  9

10  the department or county tax collector shall cause such

11  licensee's license to be prominently marked with the notation

12  "Safe Driver."

13         Section 14.  Subsection (4) of section 322.125, Florida

14  Statutes, is amended to read:

15         322.125  Medical Advisory Board.--

16         (4)  Reports received or made by the board or its

17  members for the purpose of assisting the department in

18  determining whether a person is qualified to be licensed are

19  for the confidential use of the board, or the department, or a

20  county tax collector and may not be divulged to any person

21  except the licensed driver or applicant or used as evidence in

22  any trial, and are exempt from the provisions of s. 119.07(1),

23  except that the reports may be admitted in proceedings under

24  s. 322.271 or s. 322.31.  Any person conducting an examination

25  pursuant to this section may be compelled to testify

26  concerning his or her observations and findings in such

27  proceedings.

28         Section 15.  Section 322.13, Florida Statutes, is

29  amended to read:

30         322.13  Driver's license examiners.--

31

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  1         (1)(a)  The department or a county tax collector shall

  2  designate employees or other persons to serve as driver's

  3  license examiners who, upon accepting such designation, shall

  4  conduct examinations hereunder, perform other assigned duties,

  5  and make factual reports of findings and recommendations to

  6  the department or county tax collector as is required it may

  7  require. In the course of his or her duties, an examiner is

  8  authorized to administer oaths or have persons affirm as to

  9  the truth of statements filed before him or her.

10         (b)  Those persons serving as driver's license

11  examiners are not liable for actions taken within the scope of

12  their employment or designation, except as provided by s.

13  768.28.

14         (2)  The department or a county tax collector shall

15  further designate employees or other persons to serve as

16  driver's license examiners to enforce all driver's license

17  laws; suspension, revocation, and cancellation orders; and

18  laws relating to the registration of motor vehicles entered in

19  compliance with the provisions of this chapter and chapters

20  320, 324, and 488.  Upon designation, certain examiners shall

21  be empowered to issue uniform traffic citations to persons

22  found in violation of such chapters.  Any person who fails or

23  refuses to surrender his or her driver's license, registration

24  certificate, and license plate upon lawful demand of an

25  examiner is guilty of a misdemeanor of the second degree,

26  punishable as provided in s. 775.082 or s. 775.083.  Persons

27  designated as examiners by the department or a county tax

28  collector shall not be considered for membership in the state

29  high-risk retirement program.

30

31

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  1         Section 16.  Subsection (1), paragraph (a) of

  2  subsection (2), and subsection (4) of section 322.135, Florida

  3  Statutes, are amended to read:

  4         322.135  Driver's license agents.--

  5         (1)  The department may, upon application, authorize

  6  any or all of the tax collectors in the several counties of

  7  the state, subject to the requirements of law, in accordance

  8  with rules of the department, to serve as its agent for the

  9  provision of specified driver's license services.

10         (a)  These services may shall be limited in some

11  counties to the issuance of driver's licenses and

12  identification cards as authorized by this chapter.

13         (b)  Each tax collector who is authorized by the

14  department to provide driver's license services shall receive

15  compensation as defined for each transaction fee identified

16  within the Florida Statutes bear all costs associated with

17  providing those services.

18         (c)  A fee of $5.25 is to be charged and retained as

19  compensation, in addition to the fees set forth in this

20  chapter, for any driver's license issued or renewed by a tax

21  collector performing only limited services as described in

22  paragraph (a). County tax collectors providing full driver

23  license service as complete county agents for the department

24  may not charge or collect this $5.25 fee One dollar of the

25  $5.25 fee must be deposited into the Highway Safety Operating

26  Trust Fund.

27         (2)  Each tax collector is required to give a good and

28  sufficient surety bond, payable to the department, conditioned

29  upon his or her faithfully and truly performing the duties

30  imposed upon him or her according to the requirements of law

31  and the rules of the department and upon his or her accounting

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  1  for all materials, records, and other property and money that

  2  come into his or her possession or control by reason of

  3  performing these duties.

  4         (a)  The amount of the bond must be determined by the

  5  department as an amount not less than 10 percent above the

  6  average of the daily deposits collected as an agent for the

  7  department by of each tax collector.

  8         (4)  A limited service tax collector, as described in

  9  paragraph (1)(a), may not issue or renew a driver's license if

10  he or she has any reason to believe that the licensee or

11  prospective licensee is physically or mentally unqualified to

12  operate a motor vehicle. The tax collector shall direct any

13  Such licensee shall be directed to the department or a county

14  tax collector for examination or reexamination under s.

15  322.221.

16         Section 17.  Paragraph (a) of subsection (1) of section

17  322.14, Florida Statutes, is amended to read:

18         322.14  Licenses issued to drivers.--

19         (1)(a)  The department or a county tax collector shall,

20  upon successful completion of all required examinations and

21  payment of the required fee, issue to every applicant

22  qualifying therefor, a driver's license as applied for, which

23  license shall bear thereon a color photograph or digital image

24  of the licensee; the name of the state; a distinguishing

25  number assigned to the licensee; and the licensee's full name,

26  date of birth, and mailing address; a brief description of the

27  licensee, including, but not limited to, the licensee's gender

28  and height; and the dates of issuance and expiration of the

29  license. A space shall be provided upon which the licensee

30  shall affix his or her usual signature. No license shall be

31  valid until it has been so signed by the licensee except that

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  1  the signature of said licensee shall not be required if it

  2  appears thereon in facsimile or if the licensee is not present

  3  within the state at the time of issuance. Applicants

  4  qualifying to receive a Class A, Class B, or Class C driver's

  5  license must appear in person within the state for issuance of

  6  a color photographic or digital imaged driver's license

  7  pursuant to s. 322.142.

  8         Section 18.  Section 322.141, Florida Statutes, is

  9  amended to read:

10         322.141  Color of licenses.--

11         (1)  All licenses originally issued or reissued by the

12  department or a county tax collector to persons under the age

13  of 21 years for the operation of motor vehicles shall have

14  markings or color which shall be obviously separate and

15  distinct from all other licenses issued by the department or

16  county tax collector for the operation of motor vehicles.

17         (2)(a)  All licenses for the operation of motor

18  vehicles originally issued or reissued by the department or a

19  county tax collector to persons who have insulin-dependent

20  diabetes may, at the request of the applicant, have

21  distinctive markings separate and distinct from all other

22  licenses issued by the department or county tax collector.

23         (b)  At the time of application for original license or

24  reissue, the department or county tax collector shall require

25  such proof as it deems appropriate that a person has

26  insulin-dependent diabetes.

27         Section 19.  Section 322.142, Florida Statutes, is

28  amended to read:

29         322.142  Color photographic or digital imaged

30  licenses.--

31

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  1         (1)  The department or a county tax collector shall,

  2  upon receipt of the required fee, issue to each qualified

  3  applicant for an original driver's license a color

  4  photographic or digital imaged driver's license bearing a

  5  fullface photograph or digital image of the licensee.  A space

  6  shall be provided upon which the licensee shall affix his or

  7  her usual signature, as required in s. 322.14, in the presence

  8  of an authorized agent of the department so as to ensure that

  9  such signature becomes a part of the license.

10         (2)  The department or a county tax collector shall,

11  upon receipt of the required fee, issue to each qualified

12  licensee applying for a renewal license in accordance with s.

13  322.18 a color photographic or digital imaged license as

14  provided for in subsection (1).

15         (3)  The department or a county tax collector may

16  conduct negotiations and enter into contracts with qualified

17  firms possessing the requisite qualifications for the

18  development and production of photographic or digital imaged

19  identification documents to assure efficient and economical

20  processing of such licenses in sufficient quantity and of

21  acceptable quality to meet the requirements and intent of this

22  section, and to ensure adequate service at a sufficient number

23  of locations, at the lowest competitive sealed bid price.

24         (4)  The department may maintain a film negative or

25  print file. The department shall maintain a record of the

26  digital image and signature of the licensees, together with

27  other data required by the department for identification and

28  retrieval. Reproductions from the file or digital record shall

29  be made and issued only for departmental administrative

30  purposes or those of a county tax collector, for the issuance

31  of duplicate licenses, or in response to law enforcement

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  1  agency requests and are exempt from the provisions of s.

  2  119.07(1).

  3         Section 20.  Paragraphs (a) and (b) of subsection (1)

  4  of section 322.16, Florida Statutes, are amended to read:

  5         322.16  License restrictions.--

  6         (1)(a)  The department or a county tax collector, upon

  7  issuing a driver's license, may, whenever good cause appears,

  8  impose restrictions suitable to the licensee's driving ability

  9  with respect to the type of special mechanical control devices

10  required on a motor vehicle that the licensee may operate,

11  including, but not limited to, restricting the licensee to

12  operating only vehicles equipped with air brakes, or imposing

13  upon the licensee such other restrictions as the department or

14  county tax collector determines are appropriate to assure the

15  safe operation of a motor vehicle by the licensee.

16         (b)  The department or a county tax collector may

17  further impose other suitable restrictions on use of the

18  license with respect to time and purpose of use, including,

19  but not limited to, a restriction providing for intrastate

20  operation only, or may impose any other condition or

21  restriction that the department considers necessary for driver

22  improvement, safety, or control of drivers in this state.

23         Section 21.  Paragraphs (b) and (c) of subsection (1)

24  of section 322.161, Florida Statutes, are amended to read:

25         322.161  High-risk drivers; restricted licenses.--

26         (1)

27         (b)  Upon determination that any person has accumulated

28  four or more points, the department shall notify the licensee

29  and issue the licensee a restricted license for business

30  purposes only.  The licensee must appear before the department

31  or a county tax collector within 10 days after notification to

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  1  have this restriction applied.  The period of restriction

  2  shall be for a period of no less than 1 year beginning on the

  3  date it is applied by the department or county tax collector.

  4         (c)  The restriction shall be automatically withdrawn

  5  by the department after 1 year if the licensee does not

  6  accumulate any additional points.  If the licensee accumulates

  7  any additional points, then the period of restriction shall be

  8  extended 90 days for each point.  The restriction shall also

  9  be automatically withdrawn upon the licensee's 18th birthday

10  if no other grounds for restriction exist.  The licensee must

11  appear before the department or a county tax collector to have

12  the restriction removed and a duplicate license issued.

13         Section 22.  Subsection (1) of section 322.1615,

14  Florida Statutes, is amended to read:

15         322.1615  Learner's driver's license.--

16         (1)  The department or a county tax collector may issue

17  a learner's driver's license to a person who is at least 15

18  years of age and who:

19         (a)  Has passed the written examination for a learner's

20  driver's license;

21         (b)  Has passed the vision and hearing examination

22  administered under s. 322.12;

23         (c)  Has completed the traffic law and substance abuse

24  education course prescribed in s. 322.095; and

25         (d)  Meets all other requirements set forth in law and

26  by rule of the department.

27         Section 23.  Section 322.17, Florida Statutes, is

28  amended to read:

29         322.17  Duplicate and replacement certificates.--

30         (1)(a)  In the event that an instruction permit or

31  driver's license issued under the provisions of this chapter

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  1  is lost or destroyed, the person to whom the same was issued

  2  may, upon payment of $10, obtain a duplicate, or substitute

  3  thereof, upon furnishing proof satisfactory to the department

  4  or a county tax collector that such permit or license has been

  5  lost or destroyed, and further furnishing the full name, date

  6  of birth, sex, residence and mailing address, proof of birth

  7  satisfactory to the department, and proof of identity

  8  satisfactory to the department or county tax collector. Five

  9  dollars of the fee levied in this paragraph shall go to the

10  Highway Safety Operating Trust Fund of the department. If the

11  duplicate or substitute is issued by a county tax collector,

12  $5 shall be retained as a service fee by the office of the

13  county tax collector.

14         (b)  In the event that an instruction permit or

15  driver's license issued under the provisions of this chapter

16  is stolen, the person to whom the same was issued may, at no

17  charge, obtain a duplicate, or substitute thereof, upon

18  furnishing proof satisfactory to the department or a county

19  tax collector that such permit or license was stolen and

20  further furnishing the full name, date of birth, sex,

21  residence and mailing address, proof of birth satisfactory to

22  the department, and proof of identity satisfactory to the

23  department or county tax collector.

24         (2)  Upon the surrender of the original license and the

25  payment of a $10 replacement fee, the department or a county

26  tax collector shall issue a replacement license to make a

27  change in name, address, or restrictions. If the original

28  license is replaced by the department, the entire $10 fee will

29  be deposited into the Highway Safety Operating Trust Fund. If

30  the original license is replaced by a county tax collector, $5

31  of the $10 fee will be retained by the office of the county

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  1  tax collector as cost reimbursement and $5 will be deposited

  2  into the Highway Safety Operating Trust Fund.

  3         (3)  Upon written request by the licensee and

  4  notification of a change in address, and the payment of a $10

  5  fee, the department or a county tax collector shall issue an

  6  address sticker which shall be affixed to the back of the

  7  license by the licensee. If the address sticker is processed

  8  and affixed by a county tax collector, $2 of the $10 fee will

  9  be retained by the office of the county tax collector as cost

10  reimbursement and $8 Nine dollars of the fee levied in this

11  subsection shall go to the Highway Safety Operating Trust Fund

12  of the department. Otherwise, the whole fee will be deposited

13  into the Highway Safety Operating Trust Fund.

14         Section 24.  Subsections (1), (4), (5), (6), (7), and

15  (8) of section 322.18, Florida Statutes, are amended to read:

16         322.18  Original applications, licenses, and renewals;

17  expiration of licenses; delinquent licenses.--

18         (1)(a)  Except as provided in paragraph (b), the

19  department or a county tax collector may issue an original

20  driver's license only after the applicant successfully passes

21  the required examinations and presents the application to the

22  department or county tax collector.

23         (b)  The department or a county tax collector may waive

24  the driver's license examination requirement if the applicant

25  is otherwise qualified and surrenders a valid license issued

26  by another state, a province of Canada, or the United States

27  Armed Forces which is of an equal or lesser classification as

28  provided in s. 322.12.

29         (4)  Except as otherwise provided in this chapter, all

30  licenses shall be renewable every 4 years or 6 years,

31  depending upon the terms of issuance and shall be issued or

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  1  extended upon application, payment of the fees required by s.

  2  322.21, and successful passage of any required examination,

  3  unless the department or county tax collector has reason to

  4  believe that the licensee is no longer qualified to receive a

  5  license.

  6         (5)  All renewal driver's licenses may be issued after

  7  the applicant licensee has been determined to be eligible by

  8  the department or county tax collector.

  9         (6)  If the licensee does not receive a renewal notice,

10  the licensee or applicant may apply to the department or a

11  county tax collector, under oath, at any authorized driver's

12  license examining office. Such application shall be on a form

13  prepared and furnished by the department.  The department

14  shall make such forms available to the various authorized

15  examining offices throughout the state.  Upon receipt of such

16  application, the department or county tax collector shall

17  issue a license or temporary permit to the applicant or shall

18  advise the applicant that no license or temporary permit will

19  be issued and advise the applicant of the reason for his or

20  her ineligibility.

21         (7)  An expired Florida driver's license may be renewed

22  any time within 12 months after the expiration date, with

23  reexamination, if required, upon payment of the required

24  delinquent fee or taking and passing the written examination.

25  If the final date upon which a license may be renewed under

26  this section falls upon a Saturday, Sunday, or legal holiday,

27  the renewal period shall be extended to midnight of the next

28  regular working day.  The department or county tax collector

29  may refuse to issue any license if:

30         (a)  It has reason to believe the licensee is no longer

31  qualified to receive a license.

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  1         (b)  Its records reflect that the applicant's driving

  2  privilege is under suspension or revocation.

  3         (8)  The department or county tax collector shall issue

  4  4-year and 6-year license extensions by mail, electronic, or

  5  telephonic means without reexamination.

  6         (a)  If the department or county tax collector

  7  determines from its records that the holder of a license about

  8  to expire is eligible for renewal, the department or county

  9  tax collector shall mail a renewal notice to the licensee at

10  his or her last known address, not less than 30 days prior to

11  the licensee's birthday.  The renewal notice shall direct the

12  licensee to appear at an authorized a driver license office

13  for in-person renewal or to transmit the completed renewal

14  notice and the fees required by s. 322.21 to the department or

15  county tax collector by mail, electronically, or

16  telephonically within the 30 days preceding the licensee's

17  birthday for a license extension. License extensions shall not

18  be available to drivers directed to appear for in-person

19  renewal.

20         (b)  Upon receipt of a properly completed renewal

21  notice, payment of the required fees, and upon determining

22  that the licensee is still eligible for renewal, the

23  department or county tax collector shall send a license

24  extension sticker to the licensee to affix to the expiring

25  license as evidence that the license term has been extended.

26         (c)  The department or county tax collector shall issue

27  license extensions for two consecutive license expirations

28  only.  Upon expiration of two consecutive license extension

29  periods, in-person renewal with reexamination as provided in

30  s. 322.121 shall be required.  A person who is out of this

31  state when his or her license expires may be issued a 90-day

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  1  temporary driving permit without reexamination. At the end of

  2  the 90-day period, the person must either return to this state

  3  or apply for a license where the person is located, except for

  4  a member of the Armed Forces as provided in s. 322.121(6).

  5         (d)  In-person renewal at an authorized a driver

  6  license office shall not be available to drivers whose records

  7  indicate they were directed to apply for a license extension.

  8         (e)  Any person who knowingly possesses any forged,

  9  stolen, fictitious, counterfeit, or unlawfully issued license

10  extension sticker, unless possession by such person has been

11  duly authorized by the department, commits a misdemeanor of

12  the second degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (f)  The department shall develop a plan for the

15  equitable distribution of license extensions and renewals and

16  the orderly implementation of this section.

17         Section 25.  Subsections (3), (4), (11), (12), (13),

18  and (14) of section 322.20, Florida Statutes, are amended to

19  read:

20         322.20  Records of the department; fees; destruction of

21  records.--

22         (3)  The department shall maintain convenient records

23  or make suitable notations, in order that the individual

24  driver history record of each licensee is readily available

25  for the consideration of the department or a county tax

26  collector upon application for renewal of a license and at

27  other suitable times.  The release by the department of the

28  driver history record, with respect to crashes involving a

29  licensee, shall not include any notation or record of the

30  occurrence of a motor vehicle crash unless the licensee

31  received a traffic citation as a direct result of the crash,

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  1  and to this extent such notation or record is exempt from the

  2  provisions of s. 119.07(1).

  3         (4)  It is unlawful for any person to falsify, alter,

  4  erase, remove, or destroy, or cause to be altered, erased,

  5  removed, or destroyed, any record maintained by the department

  6  or a county tax collector unless the alteration, erasure,

  7  removal, or destruction has been duly authorized.

  8         (11)(a)  The department or a county tax collector is

  9  authorized to charge the following fees for the following

10  services and documents:

11         1.  For providing a transcript of any one individual's

12  driver history record or any portion thereof for the past 3

13  years or for searching for such record when no record is found

14  to be on file............................................$2.10

15         2.  For providing a transcript of any one individual's

16  driver history record or any portion thereof for the past 7

17  years or for searching for such record when no record is found

18  to be on file............................................$3.10

19         3.  For providing a certified copy of a transcript of

20  the driver history record or any portion thereof for any one

21  individual...............................................$3.10

22         4.  For providing a certified photographic copy of a

23  document, per page.......................................$1.00

24         5.  For providing an exemplified record..........$15.00

25         6.  For providing photocopies of documents, papers,

26  letters, clearances, or license or insurance status reports,

27  per page.................................................$0.50

28         7.  For assisting persons in searching any one

29  individual's driver record at a terminal located at the

30  department's general headquarters in Tallahassee.........$2.00

31

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  1         (b)  The department shall furnish such information

  2  without charge to any local, state, or federal law enforcement

  3  agency or court upon proof satisfactory to the department as

  4  to the purpose of the investigation.

  5         (12)  The fees collected under this section shall be

  6  placed in the Highway Safety Operating Trust Fund when the

  7  service is provided by the department or retained as cost

  8  reimbursement by the office of a county tax collector

  9  providing the service as agent for the department.

10         (13)  The department or a county tax collector is

11  authorized in accordance with chapter 257 to destroy reports,

12  records, documents, papers, and correspondence in the Division

13  of Driver Licenses or local county tax collector office which

14  are considered obsolete.

15         (14)  The department or a county tax collector is

16  authorized to photograph, microphotograph, or reproduce on

17  film such documents, records, and reports as it may select.

18  The photographs or microphotographs in the form of film or

19  print of any records made in compliance with the provisions of

20  this section shall have the same force and effect as the

21  originals thereof and shall be treated as originals for the

22  purpose of their admissibility in evidence.  Duly certified or

23  authenticated reproductions of such photographs or

24  microphotographs shall be admitted in evidence equally with

25  the original photographs or microphotographs.

26         Section 26.  Subsections (2), (3), (4), and (5) of

27  section 322.21, Florida Statutes, are amended to read:

28         322.21  License fees; procedure for handling and

29  collecting fees.--

30         (2)  It is the duty of the Director of the Division of

31  Driver Licenses to set up a division in the department with

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  1  the necessary personnel to perform the necessary clerical and

  2  routine work for the department, and it is the duty of each

  3  county tax collector to provide sufficient personnel to

  4  perform all clerical and routine work, in issuing and

  5  recording applications, licenses, and certificates of

  6  eligibility, including the receiving, and accounting, and

  7  proper disbursement of all license funds and their payment

  8  into the State Treasury, and performing other incidental

  9  clerical work connected with the administration of this

10  chapter.  The department and county tax collectors are is

11  authorized to use such electronic, mechanical, or other

12  devices as necessary to accomplish the purposes of this

13  chapter.

14         (3)  The department shall prepare sufficient forms for

15  certificates of eligibility, applications, notices, and

16  license materials to supply all authorized agents and all

17  applicants for driver's licenses and all renewal licenses.

18         (4)  If the department or a county tax collector

19  determines from its records or is otherwise satisfied that the

20  holder of a license about to expire is entitled to have it

21  renewed, the department or county tax collector shall mail a

22  renewal notice to him or her at his or her last known address,

23  not less than 30 days prior to the licensee's birthday. The

24  licensee shall be issued a renewal license, after

25  reexamination, if required, during the 30 days immediately

26  preceding his or her birthday upon presenting a renewal

27  notice, his or her current license, and the fee for renewal to

28  the department or county tax collector at any driver's license

29  examining office.

30         (5)(a)  The department shall collect and transmit all

31  fees received by it under this section to the Treasurer to be

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  1  placed in the General Revenue Fund of the state, and

  2  sufficient funds for the necessary expenses of the department

  3  shall be included in the appropriations act.  The fees shall

  4  be used for the maintenance and operation of the department.

  5         (b)  A county tax collector serving as local countywide

  6  agent for the department shall retain the following amounts as

  7  reimbursement for actual services rendered:

  8         1.  For issuance of an original or renewal commercial

  9  driver's license described in paragraph (1)(a), $30 of the $50

10  fee plus, when applicable, the $1 delinquent fee. The balance

11  will be distributed in accordance with paragraph (a).

12         2.  For issuance of an original Class D or Class E

13  driver's license under paragraph (1)(b) or a learner driver's

14  license under s. 322.1615, $18 of the $20 fee. The balance

15  will be distributed in accordance with paragraph (a).

16         3.  For renewal or extension of a Class D or Class E

17  driver's license or of a license restricted to motorcycle use

18  only under paragraph (1)(c), $10 of the $15 fee plus, when

19  applicable, the $1 delinquent fee. The balance will be

20  distributed in accordance with paragraph (a).

21         4.  For issuance of an original driver's license

22  restricted to motorcycle use only, $16 of the $20 fee. The

23  balance will be distributed in accordance with paragraph (a).

24         5.  For each endorsement required by s. 322.57, $5.

25         Section 27.  Subsection (3) of section 322.212, Florida

26  Statutes, is amended to read:

27         322.212  Unauthorized possession of, and other unlawful

28  acts in relation to, driver's license or identification

29  card.--

30         (3)  It is unlawful for any employee of the department

31  or a county tax collector to allow or permit the issuance of a

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  1  driver's license or identification card when he or she knows

  2  that the applicant has not lawfully fulfilled the requirements

  3  of this chapter for the issuance of such license or

  4  identification card.

  5         Section 28.  Section 322.22, Florida Statutes, is

  6  amended to read:

  7         322.22  Authority of department to cancel license.--

  8         (1)  The department or a county tax collector is

  9  authorized to cancel any driver's license, upon determining

10  that the licensee was not entitled to the issuance thereof, or

11  that the licensee failed to give the required or correct

12  information in his or her application or committed any fraud

13  in making such application, or that the licensee has two or

14  more licenses on file with the department, each in a different

15  name but bearing the photograph of the licensee, unless the

16  licensee has complied with the requirements of this chapter in

17  obtaining the licenses. The department or county tax collector

18  may cancel any driver's license if the licensee fails to pay

19  the correct fee or pays for the license or pays any

20  administrative, delinquency, or reinstatement fee by a

21  dishonored check.

22         (2)  Upon such cancellation, the licensee must

23  surrender to the department or county tax collector the

24  license so canceled.

25         Section 29.  Section 322.221, Florida Statutes, is

26  amended to read:

27         322.221  Department or county tax collector may require

28  reexamination.--

29         (1)  The department or a county tax collector, having

30  good cause to believe that a licensed driver is incompetent or

31  otherwise not qualified to be licensed, may, at any time upon

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  1  written notice of at least 5 days to the licensee, require him

  2  or her to submit to an examination or reexamination. Good

  3  cause as used herein shall be construed to mean that a

  4  licensee's driving record, a report as provided in s. 322.126,

  5  or other evidence is sufficient to indicate that his or her

  6  driving privilege is detrimental to public safety.

  7         (2)(a)  The department may require an examination or

  8  reexamination to determine the competence and driving ability

  9  of any driver causing or contributing to the cause of any

10  crash resulting in death, personal injury, or property damage.

11         (b)  The department or a county tax collector may, in

12  its discretion, require any licensed driver to submit to an

13  examination or reexamination prior to his or her normal

14  renewal date upon receipt of a recommendation from a court

15  having jurisdiction of traffic offenses, a law enforcement

16  agency, or a physician stating that the driver's ability to

17  operate a motor vehicle safely is questionable.  At the time

18  of renewal of his or her license a driver may be required to

19  submit to an examination or reexamination at the discretion of

20  the examiner if the physical appearance or actions of the

21  licensee give rise to serious doubt as to his or her ability

22  to operate a vehicle safely.

23         (c)  If the department or a county tax collector has

24  reason to believe that a licensee is physically or mentally

25  unqualified to operate a motor vehicle, it may require the

26  licensee to submit medical reports regarding his or her

27  physical or mental condition to the department's medical

28  advisory board for its review and recommendation.  The

29  submission of medical reports shall be made without expense to

30  the state.

31

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  1         (3)  Upon the conclusion of such examination or

  2  reexamination the department shall take action as may be

  3  appropriate and may suspend or revoke the license of such

  4  person or permit him or her to retain such license, or may

  5  issue a license subject to restrictions as permitted under s.

  6  322.16.  Refusal or neglect of the licensee to submit to such

  7  examination or reexamination shall be ground for suspension or

  8  revocation of his or her license.

  9         Section 30.  Subsections (3) and (6) of section

10  322.251, Florida Statutes, are amended to read:

11         322.251  Notice of cancellation, suspension,

12  revocation, or disqualification of license.--

13         (3)  Whenever the driving privilege is suspended,

14  revoked, or disqualified under the provisions of this chapter,

15  the period of such suspension, revocation, or disqualification

16  shall be indicated on the order of suspension, revocation, or

17  disqualification, and the department shall require the

18  licensee whose driving privilege is suspended, revoked, or

19  disqualified to surrender all licenses then held by him or her

20  to the department or a county tax collector. However, should

21  the person fail to surrender such licenses, the suspension,

22  revocation, or disqualification period shall not expire until

23  a period identical to the period for which the driving

24  privilege was suspended, revoked, or disqualified has expired

25  after the date of surrender of the licenses, or the date an

26  affidavit swearing such licenses are lost has been filed with

27  the department or county tax collector. In any instance where

28  the suspension, revocation, or disqualification order is

29  mailed as provided herein, and the license is not surrendered

30  to the department, and such license thereafter expires, the

31  department or a county tax collector shall not renew that

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  1  license until a period of time identical to the period of such

  2  suspension, revocation, or disqualification imposed has

  3  expired.

  4         (6)  Whenever a cancellation, suspension, revocation,

  5  or disqualification occurs, the department shall enter the

  6  cancellation, suspension, revocation, or disqualification

  7  order on the licensee's driver file 20 days after the notice

  8  was actually placed in the mail.  Any inquiry into the file

  9  after the 20-day period shall reveal that the license is

10  canceled, suspended, revoked, or disqualified and whether the

11  license has been received by the department or a county tax

12  collector.

13         Section 31.  Subsection (5) of section 322.26, Florida

14  Statutes, is amended to read:

15         322.26  Mandatory revocation of license by

16  department.--The department shall forthwith revoke the license

17  or driving privilege of any person upon receiving a record of

18  such person's conviction of any of the following offenses:

19         (5)  Perjury or the making of a false affidavit or

20  statement under oath to the department or a county tax

21  collector under this law, or under any other law relating to

22  the ownership or operation of motor vehicles.

23         Section 32.  Paragraph (d) of subsection (2) of section

24  322.28, Florida Statutes, is amended to read:

25         322.28  Period of suspension or revocation.--

26         (2)  In a prosecution for a violation of s. 316.193 or

27  former s. 316.1931, the following provisions apply:

28         (d)  When any driver's license or driving privilege has

29  been revoked pursuant to the provisions of this section, the

30  department shall not grant a new license, except upon

31  reexamination of the licensee after the expiration of the

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  1  period of revocation so prescribed. However, the court may, in

  2  its sound discretion, issue an order of reinstatement on a

  3  form furnished by the department which the person may take to

  4  any authorized Florida driver's license examining office for

  5  reinstatement by the department pursuant to s. 322.282.

  6         Section 33.  Paragraphs (a) and (b) of subsection (2)

  7  of section 322.282, Florida Statutes, are amended to read:

  8         322.282  Procedure when court revokes or suspends

  9  license or driving privilege and orders reinstatement.--When a

10  court suspends or revokes a person's license or driving

11  privilege and, in its discretion, orders reinstatement as

12  provided by s. 322.28(2)(d) or former s. 322.261(5):

13         (2)(a)  The court shall issue an order of

14  reinstatement, on a form to be furnished by the department,

15  which the person may take to any driver's license examining

16  office. The department or a county tax collector shall issue a

17  temporary driver's permit to a licensee who presents the

18  court's order of reinstatement, proof of completion of a

19  department-approved driver training or substance abuse

20  education course, and a written request for a hearing under s.

21  322.271.  The permit shall not be issued if a record check by

22  the department or county tax collector shows that the person

23  has previously been convicted for a violation of s. 316.193,

24  former s. 316.1931, former s. 316.028, former s. 860.01, or a

25  previous conviction outside this state for driving under the

26  influence, driving while intoxicated, driving with an unlawful

27  blood-alcohol level, or any similar alcohol-related or

28  drug-related traffic offense; that the person's driving

29  privilege has been previously suspended for refusal to submit

30  to a lawful test of breath, blood, or urine; or that the

31  person is otherwise not entitled to issuance of a driver's

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  1  license.  This paragraph shall not be construed to prevent the

  2  reinstatement of a license or driving privilege that is

  3  presently suspended for driving with an unlawful blood-alcohol

  4  level or a refusal to submit to a breath, urine, or blood test

  5  and is also revoked for a conviction for a violation of s.

  6  316.193 or former s. 316.1931, if the suspension and

  7  revocation arise out of the same incident.

  8         (b)  The temporary driver's permit shall be restricted

  9  to either business or employment purposes described in s.

10  322.271, as determined by the department or county tax

11  collector, and shall not be used for pleasure, recreational,

12  or nonessential driving.

13         Section 34.  Subsection (4) of section 322.32, Florida

14  Statutes, is amended to read:

15         322.32  Unlawful use of license.--It is a misdemeanor

16  of the second degree, punishable as provided in s. 775.082 or

17  s. 775.083, for any person:

18         (4)  To fail or refuse to surrender to the department,

19  to a county tax collector, or to any law enforcement officer,

20  upon lawful demand, any driver's license in his or her

21  possession that has been suspended, revoked, disqualified, or

22  canceled.

23         Section 35.  This act shall take effect July 1, 2001.

24

25            *****************************************

26                       LEGISLATIVE SUMMARY

27    Authorizes the Department of Highway Safety and Motor
      Vehicles to delegate to willing county tax collectors, as
28    its agents, certain responsibilities relating to the
      issuance, renewal, and revocation of driver's licenses
29    within those tax collectors' counties.

30

31

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