CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Attkisson offered the following:
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13 Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Present subsections (11) through (17) of
18 section 322.01, Florida Statutes, are redesignated as
19 subsections (12) through (18), respectively, and new
20 subsections (11) and (19) are added to that section, and
21 present subsections (18) through (42) of that section are
22 redesignated as subsections (20) through (44), respectively,
23 to read:
24 322.01 Definitions.--As used in this chapter:
25 (11) "County tax collector" means the county tax
26 collectors of this state performing as:
27 (a) Authorized by contract; or
28 (b) Exclusive agents of the department.
29 (19) "Exclusive agent county tax collectors" means the
30 county tax collectors for Bradford, Escambia, Hillsborough,
31 Manatee, Pinellas, Saint Johns, and Taylor counties.
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 Section 2. Subsection (2) and paragraph (a) of
2 subsection (3) of section 322.03, Florida Statutes, are
3 amended to read:
4 322.03 Drivers must be licensed; penalties.--
5 (2) Prior to issuing a driver's license, the
6 department or an authorized or exclusive agent county tax
7 collector shall require any person who has been convicted two
8 or more times of a violation of s. 316.193 or of a
9 substantially similar alcohol-related or drug-related offense
10 outside this state within the preceding 5 years, or who has
11 been convicted of three or more such offenses within the
12 preceding 10 years, to present proof of successful completion
13 of or enrollment in a department-approved substance abuse
14 education course. If the person fails to complete such
15 education course within 90 days after issuance, the department
16 shall cancel the license. Further, prior to issuing the
17 driver's license the department or county tax collector shall
18 require such person to present proof of financial
19 responsibility as provided in s. 324.031. For the purposes of
20 this paragraph, a previous conviction for violation of former
21 s. 316.028, former s. 316.1931, or former s. 860.01 shall be
22 considered a previous conviction for violation of s. 316.193.
23 (3)(a) The department or an authorized or exclusive
24 agent county tax collector may not issue a commercial driver's
25 license to any person who is not a resident of this state.
26 Section 3. Section 322.05, Florida Statutes, is
27 amended to read:
28 322.05 Persons not to be licensed.--The department or
29 an authorized or exclusive agent county tax collector may not
30 issue a license:
31 (1) To a person who is under the age of 16 years,
2
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 except that the department or an authorized or exclusive agent
2 county tax collector may issue a learner's driver's license to
3 a person who is at least 15 years of age and who meets the
4 requirements of ss. 322.091 and 322.1615 and of any other
5 applicable law or rule.
6 (2) To a person who is at least 16 years of age but is
7 under 18 years of age unless the person meets the requirements
8 of s. 322.091 and holds a valid:
9 (a) Learner's driver's license for at least 12 months,
10 with no traffic convictions, before applying for a license;
11 (b) Learner's driver's license for at least 12 months
12 and who has a traffic conviction but elects to attend a
13 traffic driving school for which adjudication must be withheld
14 pursuant to s. 318.14; or
15 (c) License that was issued in another state or in a
16 foreign jurisdiction and that would not be subject to
17 suspension or revocation under the laws of this state.
18 (3) To a person who is at least 16 years of age but
19 who is under 18 years of age, unless the parent, guardian, or
20 other responsible adult meeting the requirements of s. 322.09
21 certifies that he or she, or another licensed driver 21 years
22 of age or older, has accompanied the applicant for a total of
23 not less than 50 hours' behind-the-wheel experience, of which
24 not less than 10 hours must be at night. This subsection is
25 not intended to create a private cause of action as a result
26 of the certification. The certification is inadmissible for
27 any purpose in any civil proceeding.
28 (4) Except as provided by this subsection, to any
29 person, as a Class A licensee, Class B licensee, Class C
30 licensee, or Class D licensee, who is under the age of 18
31 years. A person age 16 or 17 years who applies for a Class D
3
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 driver's license is subject to all the requirements and
2 provisions of paragraphs (2)(a) and (b) and ss. 322.09 and
3 322.16(2) and (3). The department may require of any such
4 applicant for a Class D driver's license such examination of
5 the qualifications of the applicant as the department
6 considers proper, and the department may limit the use of any
7 license granted as it considers proper.
8 (5) To any person whose license has been suspended,
9 during such suspension, nor to any person whose license has
10 been revoked, until the expiration of the period of revocation
11 imposed under the provisions of this chapter.
12 (6) To any person, as a commercial motor vehicle
13 operator, whose privilege to operate a commercial motor
14 vehicle has been disqualified, until the expiration of the
15 period of disqualification.
16 (7) To any person who is an habitual drunkard, or is
17 an habitual user of narcotic drugs, or is an habitual user of
18 any other drug to a degree which renders him or her incapable
19 of safely driving a motor vehicle.
20 (8) To any person who has been adjudged to be
21 afflicted with or suffering from any mental disability or
22 disease and who has not at the time of application been
23 restored to competency by the methods provided by law.
24 (9) To any person who is required by this chapter to
25 take an examination, unless such person shall have
26 successfully passed such examination.
27 (10) To any person, when the department has good cause
28 to believe that the operation of a motor vehicle on the
29 highways by such person would be detrimental to public safety
30 or welfare. Deafness alone shall not prevent the person
31 afflicted from being issued a Class D or Class E driver's
4
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 license.
2 (11) To any person who is ineligible under s. 322.056.
3 Section 4. Subsections (1), (2), (3), and (4) of
4 section 322.051, Florida Statutes, are amended to read:
5 322.051 Identification cards.--
6 (1) Any person who is 12 years of age or older, or any
7 person who has a disability, regardless of age, who applies
8 for a disabled parking permit under s. 320.0848, may be issued
9 an identification card by the department or an authorized or
10 exclusive agent county tax collector upon completion of an
11 application and payment of an application fee.
12 (a) Each such application shall include the following
13 information regarding the applicant:
14 1. Full name (first, middle or maiden, and last),
15 gender, social security card number, residence and mailing
16 address, and a brief description.
17 2. Proof of birth date satisfactory to the department.
18 3. Proof of identity satisfactory to the department.
19 Such proof must include one of the following unless a driver's
20 license record or identification card record has already been
21 established: a certified copy of a United States birth
22 certificate, a valid United States passport, an alien
23 registration receipt card (green card), an employment
24 authorization card issued by the United States Department of
25 Justice, or proof of nonimmigrant classification provided by
26 the United States Department of Justice, for an original
27 identification card.
28 (b) An application for an identification card must be
29 signed and verified by the applicant in a format designated by
30 the department before a person authorized to administer oaths.
31 The fee for an identification card is $3, including payment
5
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 for the color photograph or digital image of the applicant. An
2 exclusive agent county tax collector shall retain the $3 as
3 reimbursement for the cost of providing the identification
4 card.
5 (2) Every identification card shall expire, unless
6 canceled earlier, on the fourth birthday of the applicant
7 following the date of original issue. However, if an
8 individual is 60 years of age or older, and has an
9 identification card issued under this section, the card shall
10 not expire unless done so by cancellation by the department or
11 by the death of the cardholder. Renewal of any identification
12 card shall be made for a term which shall expire on the fourth
13 birthday of the applicant following expiration of the
14 identification card renewed, unless surrendered earlier. Any
15 application for renewal received later than 90 days after
16 expiration of the identification card shall be considered the
17 same as an application for an original identification card.
18 The renewal fee for an identification card shall be $3. An
19 exclusive agent county tax collector shall retain the $3 as
20 reimbursement for the cost of providing the identification
21 card. The department shall, at the end of 4 years and 6 months
22 after the issuance or renewal of an identification card,
23 destroy any record of the card if it has expired and has not
24 been renewed, unless the cardholder is 60 years of age or
25 older.
26 (3) In the event an identification card issued under
27 this section is lost, destroyed, or mutilated or a new name is
28 acquired, the person to whom it was issued may obtain a
29 duplicate upon furnishing satisfactory proof of such fact to
30 the department or an authorized or exclusive county tax
31 collector and upon payment of a fee of $2.50 for such
6
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 duplicate, which shall include payment for the color
2 photograph or digital image of the applicant. The department
3 or an exclusive agent tax collector shall retain the $2.50 as
4 reimbursement for the cost of providing the duplicate card.
5 Any person who loses an identification card and who, after
6 obtaining a duplicate, finds the original card shall
7 immediately surrender the original card to the department or
8 an authorized or exclusive agent county tax collector. The
9 same documentary evidence shall be furnished for a duplicate
10 as for an original identification card.
11 (4) When used with reference to identification cards,
12 "cancellation" means that an identification card is terminated
13 without prejudice and must be surrendered. Cancellation of the
14 card may be made when a card has been issued through error or
15 when voluntarily surrendered to the department or an
16 authorized or exclusive agent county tax collector.
17 Section 5. Section 322.059, Florida Statutes, is
18 amended to read:
19 322.059 Mandatory surrender of suspended driver's
20 license and registration.--Any person whose driver's license
21 or registration has been suspended as provided in s. 322.058
22 must immediately return his or her driver's license and
23 registration to the Department of Highway Safety and Motor
24 Vehicles or an authorized or exclusive agent county tax
25 collector. If such person fails to return his or her driver's
26 license or registration, any law enforcement agent may seize
27 the license or registration while the driver's license or
28 registration is suspended.
29 Section 6. Section 322.07, Florida Statutes, is
30 amended to read:
31 322.07 Instruction permits and temporary licenses.--
7
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 (1) Any person who is at least 18 years of age and
2 who, except for his or her lack of instruction in operating a
3 motor vehicle, would otherwise be qualified to obtain a Class
4 E driver's license under this chapter, may apply for a
5 temporary instruction permit. The department or an authorized
6 or exclusive agent county tax collector shall issue such a
7 permit entitling the applicant, while having the permit in his
8 or her immediate possession, to drive a motor vehicle of the
9 type for which a Class E driver's license is required upon the
10 highways for a period of 90 days, but, except when operating a
11 motorcycle or moped as defined in s. 316.003, the person must
12 be accompanied by a licensed driver who is 21 years of age or
13 older, who is licensed to operate the class of vehicle being
14 operated, and who is actually occupying the closest seat to
15 the right of the driver.
16 (2) The department or an authorized or exclusive agent
17 county tax collector may, in its discretion, issue a temporary
18 permit to an applicant for a Class D or Class E driver's
19 license permitting him or her to operate a motor vehicle of
20 the type for which a Class D or Class E driver's license is
21 required while the department is completing its investigation
22 and determination of all facts relative to such applicant's
23 right to receive a driver's license. Such permit must be in
24 his or her immediate possession while operating a motor
25 vehicle, and it shall be invalid when the applicant's license
26 has been issued or for good cause has been refused.
27 (3) Any person who, except for his or her lack of
28 instruction in operating a Class D or commercial motor
29 vehicle, would otherwise be qualified to obtain a Class D or
30 commercial driver's license under this chapter, may apply for
31 a temporary Class D or temporary commercial instruction
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 permit. The department or an authorized or exclusive agent
2 county tax collector shall issue such a permit entitling the
3 applicant, while having the permit in his or her immediate
4 possession, to drive a Class D or commercial motor vehicle on
5 the highways, provided that:
6 (a) The applicant possesses a valid driver's license
7 issued in any state; and
8 (b) The applicant, while operating a Class D or
9 commercial motor vehicle, is accompanied by a licensed driver
10 who is 21 years of age or older, who is licensed to operate
11 the class of vehicle being operated, and who is actually
12 occupying the closest seat to the right of the driver.
13 Section 7. Subsection (3) of section 322.09, Florida
14 Statutes, is amended to read:
15 322.09 Application of minors.--
16 (3) The department or an authorized or exclusive agent
17 county tax collector may not issue a driver's license or
18 learner's driver's license to any applicant under the age of
19 18 years who is not in compliance with the requirements of s.
20 322.091.
21 Section 8. Subsection (1), paragraph (e) of subsection
22 (2), and subsection (4) of section 322.091, Florida Statutes,
23 are amended to read:
24 322.091 Attendance requirements.--
25 (1) ELIGIBILITY REQUIREMENTS FOR DRIVING
26 PRIVILEGES.--A minor is not eligible for driving privileges
27 unless that minor:
28 (a) Is enrolled in a public school, nonpublic school,
29 or home education program and satisfies relevant attendance
30 requirements;
31 (b) Has received a high school diploma, a high school
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 equivalency diploma, a special diploma, or a certificate of
2 high school completion;
3 (c) Is enrolled in a study course in preparation for
4 the Test of General Educational Development and satisfies
5 relevant attendance requirements;
6 (d) Is enrolled in other educational activities
7 approved by the district school board and satisfies relevant
8 attendance requirements;
9 (e) Has been issued a certificate of exemption
10 according to s. 232.06; or
11 (f) Has received a hardship waiver under this section.
12
13 The department or an authorized or exclusive agent county tax
14 collector may not issue a driver's license or learner's
15 driver's license to, or the department shall suspend the
16 driver's license or learner's driver's license of, any minor
17 concerning whom the department receives notification of
18 noncompliance with the requirements of this section.
19 (2) NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;
20 RECORD OF NONCOMPLIANCE.--
21 (e) The department or an authorized or exclusive agent
22 county tax collector may not issue a driver's license or
23 learner's driver's license to any minor for whom it has a
24 record of noncompliance with the requirements of subsection
25 (1) unless the minor submits verification of compliance
26 pursuant to subsection (4).
27 (4) VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A
28 district school board shall provide a minor with written
29 verification that he or she is in compliance with the
30 requirements of subsection (1) if the district determines that
31 he or she has been in compliance for 30 days prior to the
10
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 request for verification of compliance. Upon receiving
2 written verification that the minor is again in compliance
3 with the requirements of subsection (1), the department or an
4 authorized or exclusive county tax collector shall reinstate
5 the minor's driving privilege. Thereafter, if the school
6 district determines that the minor is not in compliance with
7 the requirements of subsection (1), the department shall
8 suspend the minor's driving privilege until the minor is 18
9 years of age or otherwise satisfies the requirements of
10 subsection (1), whichever occurs first.
11 Section 9. Section 322.12, Florida Statutes, is
12 amended to read:
13 322.12 Examination of applicants.--
14 (1) It is the intent of the Legislature that every
15 applicant for an original driver's license in this state be
16 required to pass an examination pursuant to this section.
17 However, the department or an authorized or exclusive agent
18 county tax collector may waive the knowledge, endorsement, and
19 skills tests for an applicant who is otherwise qualified and
20 who surrenders a valid driver's license from another state or
21 a province of Canada, or a valid driver's license issued by
22 the United States Armed Forces, if the driver applies for a
23 Florida license of an equal or lesser classification. A person
24 who seeks to retain a hazardous-materials endorsement,
25 pursuant to s. 322.57(1)(d), must pass the hazardous-materials
26 test, upon surrendering his or her commercial driver's
27 license, if the person has not taken and passed the
28 hazardous-materials test within 2 years preceding his or her
29 application for a commercial driver's license in this state.
30 (2) The department or an authorized or exclusive agent
31 county tax collector shall examine every applicant for a
11
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 driver's license, including an applicant who is licensed in
2 another state or country, except as otherwise provided in this
3 chapter. A person who holds a learner's driver's license as
4 provided for in s. 322.1615 is not required to pay a fee for
5 successfully completing the examination showing his or her
6 ability to operate a motor vehicle as provided for herein and
7 need not pay the fee for a replacement license as provided in
8 s. 322.17(2). Any person who applies for reinstatement
9 following the suspension or revocation of his or her driver's
10 license shall pay a service fee of $25 following a suspension,
11 and $50 following a revocation, which is in addition to the
12 fee for a license. Any person who applies for reinstatement of
13 a commercial driver's license following the disqualification
14 of his or her privilege to operate a commercial motor vehicle
15 shall pay a service fee of $50, which is in addition to the
16 fee for a license. The department or an authorized or
17 exclusive agent county tax collector shall collect all of
18 these fees at the time of reinstatement, of which $11 shall be
19 retained as a service fee if the reinstated license is
20 provided by an exclusive agent county tax collector. The
21 department or an authorized or exclusive agent county tax
22 collector shall issue proper receipts for such fees and shall
23 promptly transmit all funds received by it as follows:
24 (a) Of the $25 fee received from a licensee for
25 reinstatement following a suspension, if issued by the
26 department, shall deposit $15 shall be deposited in the
27 General Revenue Fund and the remaining $10 shall be deposited
28 in the Highway Safety Operating Trust Fund. If an exclusive
29 agent county tax collector reinstates the license, the tax
30 collector shall forward $14 of the $25 fee to the department
31 for deposit into the General Revenue Fund and shall retain $11
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 as a service fee.
2 (b) Of the $50 fee received from a licensee for
3 reinstatement following a revocation or disqualification, if
4 issued by the department, shall deposit $35 shall be deposited
5 in the General Revenue Fund and the remaining $15 shall be
6 deposited in the Highway Safety Operating Trust Fund. If an
7 exclusive agent county tax collector reinstates the license,
8 the tax collector shall forward $39 of the $50 fee to the
9 department for deposit into the General Revenue Fund and shall
10 retain $11 as a service fee.
11
12 If the revocation or suspension of the driver's license was
13 for a violation of s. 316.193, or for refusal to submit to a
14 lawful breath, blood, or urine test, an additional fee of $105
15 must be charged. However, only one such $105 fee is to be
16 collected from one person convicted of such violations arising
17 out of the same incident. The department or an authorized or
18 exclusive agent county tax collector shall collect the $105
19 fee and deposit it into the Highway Safety Operating Trust
20 Fund at the time of reinstatement of the person's driver's
21 license, but the fee must not be collected if the suspension
22 or revocation was overturned.
23 (3) For an applicant for a Class D or a Class E
24 driver's license, such examination shall include a test of the
25 applicant's eyesight given by the driver's license examiner
26 designated by the department or an authorized or exclusive
27 agent county tax collector or by a licensed ophthalmologist,
28 optometrist, or physician and a test of the applicant's
29 hearing given by a driver's license examiner or a licensed
30 physician. The examination shall also include a test of the
31 applicant's ability to read and understand highway signs
13
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 regulating, warning, and directing traffic; his or her
2 knowledge of the traffic laws of this state, including laws
3 regulating driving under the influence of alcohol or
4 controlled substances, driving with an unlawful blood-alcohol
5 level, and driving while intoxicated; and his or her knowledge
6 of the effects of alcohol and controlled substances upon
7 persons and the dangers of driving a motor vehicle while under
8 the influence of alcohol or controlled substances and shall
9 include an actual demonstration of ability to exercise
10 ordinary and reasonable control in the operation of a motor
11 vehicle.
12 (4) The examination for an applicant for a commercial
13 driver's license shall include a test of the applicant's
14 eyesight given by a driver's license examiner designated by
15 the department or an authorized or exclusive agent county tax
16 collector or by a licensed ophthalmologist, optometrist, or
17 physician and a test of the applicant's hearing given by a
18 driver's license examiner or a licensed physician. The
19 examination shall also include a test of the applicant's
20 ability to read and understand highway signs regulating,
21 warning, and directing traffic; his or her knowledge of the
22 traffic laws of this state pertaining to the class of motor
23 vehicle which he or she is applying to be licensed to operate,
24 including laws regulating driving under the influence of
25 alcohol or controlled substances, driving with an unlawful
26 blood-alcohol level, and driving while intoxicated; his or her
27 knowledge of the effects of alcohol and controlled substances
28 and the dangers of driving a motor vehicle after having
29 consumed alcohol or controlled substances; and his or her
30 knowledge of any special skills, requirements, or precautions
31 necessary for the safe operation of the class of vehicle which
14
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743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 he or she is applying to be licensed to operate. In addition,
2 the examination shall include an actual demonstration of the
3 applicant's ability to exercise ordinary and reasonable
4 control in the safe operation of a motor vehicle or
5 combination of vehicles of the type covered by the license
6 classification which the applicant is seeking, including an
7 examination of the applicant's ability to perform an
8 inspection of his or her vehicle.
9 (a) The portion of the examination which tests an
10 applicant's safe driving ability shall be administered by the
11 department or by an entity authorized by the department to
12 administer such examination, pursuant to s. 322.56. Such
13 examination shall be administered at a location approved by
14 the department.
15 (b) A person who seeks to retain a hazardous-materials
16 endorsement must, upon renewal, pass the test for such
17 endorsement as specified in s. 322.57(1)(d), if the person has
18 not taken and passed the hazardous-materials test within 2
19 years preceding his or her application for a commercial
20 driver's license in this state.
21 (5)(a) The department shall formulate a separate
22 examination for applicants for licenses to operate
23 motorcycles. Any applicant for a driver's license who wishes
24 to operate a motorcycle, and who is otherwise qualified, must
25 successfully complete such an examination, which is in
26 addition to the examination administered under subsection (3).
27 The examination must test the applicant's knowledge of the
28 operation of a motorcycle and of any traffic laws specifically
29 relating thereto and must include an actual demonstration of
30 his or her ability to exercise ordinary and reasonable control
31 in the operation of a motorcycle. In the formulation of the
15
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 examination, the department shall consider the use of the
2 Motorcycle Operator Skills Test and the Motorcycle in Traffic
3 Test offered by the Motorcycle Safety Foundation. The
4 department or an authorized or exclusive agent county tax
5 collector shall indicate on the license of any person who
6 successfully completes the examination that the licensee is
7 authorized to operate a motorcycle. If the applicant wishes
8 to be licensed to operate a motorcycle only, he or she need
9 not take the skill or road test required under subsection (3)
10 for the operation of a motor vehicle, and the department or an
11 authorized or exclusive agent county tax collector shall
12 indicate such a limitation on his or her license as a
13 restriction. Every first-time applicant for licensure to
14 operate a motorcycle who is under 21 years of age must provide
15 proof of completion of a motorcycle safety course, as provided
16 for in s. 322.0255, before the applicant may be licensed to
17 operate a motorcycle.
18 (b) The department or an authorized or exclusive agent
19 county tax collector may exempt any applicant from the
20 examination provided in this subsection if the applicant
21 presents a certificate showing successful completion of a
22 course approved by the department, which course includes a
23 similar examination of the knowledge and skill of the
24 applicant in the operation of a motorcycle.
25 Section 10. Subsection (3) of section 322.121, Florida
26 Statutes, is amended to read:
27 322.121 Periodic reexamination of all drivers.--
28 (3) For each licensee whose driving record does not
29 show any revocations, disqualifications, or suspensions for
30 the preceding 7 years or any convictions for the preceding 3
31 years except for convictions of the following nonmoving
16
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 violations:
2 (a) Failure to exhibit a vehicle registration
3 certificate, rental agreement, or cab card pursuant to s.
4 320.0605;
5 (b) Failure to renew a motor vehicle or mobile home
6 registration that has been expired for 4 months or less
7 pursuant to s. 320.07(3)(a);
8 (c) Operating a motor vehicle with an expired license
9 that has been expired for 4 months or less pursuant to s.
10 322.065;
11 (d) Failure to carry or exhibit a license pursuant to
12 s. 322.15(1); or
13 (e) Failure to notify the department or an authorized
14 or exclusive agent county tax collector of a change of address
15 or name within 10 days pursuant to s. 322.19,
16
17 the department or an authorized or exclusive agent county tax
18 collector shall cause such licensee's license to be
19 prominently marked with the notation "Safe Driver."
20 Section 11. Section 322.13, Florida Statutes, is
21 amended to read:
22 322.13 Driver's license examiners.--
23 (1)(a) The department or an authorized or exclusive
24 agent county tax collector shall designate employees or other
25 persons to serve as driver's license examiners who, upon
26 accepting such designation, shall conduct examinations
27 hereunder, perform other assigned duties, and make factual
28 reports of findings and recommendations to the department or
29 county tax collector as it may require. In the course of his
30 or her duties, an examiner may is authorized to administer
31 oaths or have persons affirm as to the truth of statements
17
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Amendment No. ___ (for drafter's use only)
1 filed before him or her.
2 (b) Those persons serving as driver's license
3 examiners are not liable for actions taken within the scope of
4 their employment or designation, except as provided by s.
5 768.28.
6 (2) The department or an authorized or exclusive agent
7 county tax collector shall further designate employees or
8 other persons to serve as driver's license examiners to
9 enforce all driver's license laws; suspension, revocation, and
10 cancellation orders; and laws relating to the registration of
11 motor vehicles entered in compliance with the provisions of
12 this chapter and chapters 320, 324, and 488. Upon designation,
13 certain examiners shall be empowered to issue uniform traffic
14 citations to persons found in violation of such chapters. Any
15 person who fails or refuses to surrender his or her driver's
16 license, registration certificate, and license plate upon
17 lawful demand of an examiner is guilty of a misdemeanor of the
18 second degree, punishable as provided in s. 775.082 or s.
19 775.083. Persons designated as examiners by the department or
20 county tax collector shall not be considered for membership in
21 the state high-risk retirement program.
22 Section 12. Paragraph (a) of subsection (1) of section
23 322.14, Florida Statutes, is amended to read:
24 322.14 Licenses issued to drivers.--
25 (1)(a) The department or an authorized or exclusive
26 agent county tax collector shall, upon successful completion
27 of all required examinations and payment of the required fee,
28 issue to every applicant qualifying therefor, a driver's
29 license as applied for, which license shall bear thereon a
30 color photograph or digital image of the licensee; the name of
31 the state; a distinguishing number assigned to the licensee;
18
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Amendment No. ___ (for drafter's use only)
1 and the licensee's full name, date of birth, and mailing
2 address; a brief description of the licensee, including, but
3 not limited to, the licensee's gender and height; and the
4 dates of issuance and expiration of the license. A space shall
5 be provided upon which the licensee shall affix his or her
6 usual signature. No license shall be valid until it has been
7 so signed by the licensee except that the signature of said
8 licensee shall not be required if it appears thereon in
9 facsimile or if the licensee is not present within the state
10 at the time of issuance. Applicants qualifying to receive a
11 Class A, Class B, or Class C driver's license must appear in
12 person within the state for issuance of a color photographic
13 or digital imaged driver's license pursuant to s. 322.142.
14 Section 13. Section 322.141, Florida Statutes, is
15 amended to read:
16 322.141 Color of licenses.--
17 (1) All licenses originally issued or reissued by the
18 department or an authorized or exclusive agent county tax
19 collector to persons under the age of 21 years for the
20 operation of motor vehicles shall have markings or color which
21 shall be obviously separate and distinct from all other
22 licenses issued by the department or county tax collector for
23 the operation of motor vehicles.
24 (2)(a) All licenses for the operation of motor
25 vehicles originally issued or reissued by the department or an
26 authorized or exclusive agent county tax collector to persons
27 who have insulin-dependent diabetes may, at the request of the
28 applicant, have distinctive markings separate and distinct
29 from all other licenses issued by the department or county tax
30 collector.
31 (b) At the time of application for original license or
19
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Amendment No. ___ (for drafter's use only)
1 reissue, the department or an authorized or exclusive agent
2 county tax collector shall require such proof as it deems
3 appropriate that a person has insulin-dependent diabetes.
4 Section 14. Subsections (1) and (2) of section
5 322.142, Florida Statutes, are amended to read:
6 322.142 Color photographic or digital imaged
7 licenses.--
8 (1) The department or an authorized or exclusive agent
9 county tax collector shall, upon receipt of the required fee,
10 issue to each qualified applicant for an original driver's
11 license a color photographic or digital imaged driver's
12 license bearing a fullface photograph or digital image of the
13 licensee. A space shall be provided upon which the licensee
14 shall affix his or her usual signature, as required in s.
15 322.14, in the presence of an authorized agent of the
16 department or county tax collector so as to ensure that such
17 signature becomes a part of the license.
18 (2) The department or an authorized or exclusive agent
19 county tax collector shall, upon receipt of the required fee,
20 issue to each qualified licensee applying for a renewal
21 license in accordance with s. 322.18 a color photographic or
22 digital imaged license as provided for in subsection (1).
23 Section 15. 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 six 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 an authorized or exclusive agent county tax collector
20
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Amendment No. ___ (for drafter's use only)
1 within 10 days after notification to have this restriction
2 applied. The period of restriction shall be for a period of no
3 less than 1 year beginning on the date it is applied by the
4 department or county tax collector.
5 (c) The restriction shall be automatically withdrawn
6 by the department after 1 year if the licensee does not
7 accumulate any additional points. If the licensee accumulates
8 any additional points, then the period of restriction shall be
9 extended 90 days for each point. The restriction shall also be
10 automatically withdrawn upon the licensee's 18th birthday if
11 no other grounds for restriction exist. The licensee must
12 appear before the department or an authorized or exclusive
13 agent county tax collector to have the restriction removed and
14 a duplicate license issued.
15 Section 16. Subsection (1) of section 322.1615,
16 Florida Statutes, is amended to read:
17 322.1615 Learner's driver's license.--
18 (1) The department or an authorized or exclusive agent
19 county tax collector may issue a learner's driver's license to
20 a person who is at least 15 years of age and who:
21 (a) Has passed the written examination for a learner's
22 driver's license;
23 (b) Has passed the vision and hearing examination
24 administered under s. 322.12;
25 (c) Has completed the traffic law and substance abuse
26 education course prescribed in s. 322.095; and
27 (d) Meets all other requirements set forth in law and
28 by rule of the department.
29 Section 17. Section 322.17, Florida Statutes, is
30 amended to read:
31 322.17 Duplicate and replacement certificates.--
21
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Amendment No. ___ (for drafter's use only)
1 (1)(a) In the event that an instruction permit or
2 driver's license issued under the provisions of this chapter
3 is lost or destroyed, the person to whom the same was issued
4 may, upon payment of $10, obtain a duplicate, or substitute
5 thereof, upon furnishing proof satisfactory to the department
6 or an authorized or exclusive agent county tax collector that
7 such permit or license has been lost or destroyed, and further
8 furnishing the full name, date of birth, sex, residence and
9 mailing address, proof of birth satisfactory to the department
10 or county tax collector, and proof of identity satisfactory to
11 the department. Nine Five dollars of the fee levied in this
12 paragraph shall go to the Highway Safety Operating Trust Fund
13 when the duplicate or substitute is issued by of the
14 department and, if the permit or license is reissued by an
15 exclusive agent county tax collector, the tax collector shall
16 retain $6 as a service fee, and $4 shall go to the Highway
17 Safety Operating Trust Fund.
18 (b) If In the event that an instruction permit or
19 driver's license issued under the provisions of this chapter
20 is stolen, the person to whom the same was issued may, at no
21 charge, obtain a duplicate, or substitute thereof, upon
22 furnishing proof satisfactory to the department or an
23 authorized or exclusive agent county tax collector that such
24 permit or license was stolen and further furnishing the full
25 name, date of birth, sex, residence and mailing address, proof
26 of birth satisfactory to the department, and proof of identity
27 satisfactory to the department or county tax collector.
28 (2) Upon the surrender of the original license and the
29 payment of a $10 replacement fee, the department or an
30 authorized or exclusive agent county tax collector shall issue
31 a replacement license to make a change in name, address, or
22
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Amendment No. ___ (for drafter's use only)
1 restrictions. If the department replaces the license, the
2 entire $10 fee shall be deposited into the Highway Safety
3 Operating Trust Fund. If an exclusive agent county tax
4 collector replaces the license, the tax collector shall
5 forward $4 of the $10 fee to the department for deposit into
6 the Highway Safety Operating Trust Fund and shall retain $6 as
7 reimbursement for the cost of replacing the license.
8 (3) Upon written request by the licensee and
9 notification of a change in address, and the payment of a $10
10 fee, the department or an authorized or exclusive agent county
11 tax collector shall issue an address sticker that which shall
12 be affixed to the back of the license by the licensee or issue
13 a replacement license to the licensee. If the department
14 issues the address sticker, the entire $10 fee shall be
15 deposited into the Highway Safety Operating Trust Fund. If an
16 exclusive agent county tax collector issues a replacement
17 license, the tax collector shall forward $5 of the $10 fee to
18 the department for deposit into the Highway Safety Operating
19 Trust Fund and shall retain $5 as reimbursement for the cost
20 of issuing the replacement license. Nine dollars of the fee
21 levied in this subsection shall go to the Highway Safety
22 Operating Trust Fund of the department.
23 Section 18. Subsections (1), (4), (5), (6), (7), and
24 (8) of section 322.18, Florida Statutes, are amended to read:
25 322.18 Original applications, licenses, and renewals;
26 expiration of licenses; delinquent licenses.--
27 (1)(a) Except as provided in paragraph (b), the
28 department or an authorized or exclusive agent county tax
29 collector may issue an original driver's license only after
30 the applicant successfully passes the required examinations
31 and presents the application to the department or county tax
23
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Amendment No. ___ (for drafter's use only)
1 collector.
2 (b) The department or an authorized or exclusive agent
3 county tax collector may waive the driver's license
4 examination requirement if the applicant is otherwise
5 qualified and surrenders a valid license issued by another
6 state, a province of Canada, or the United States Armed Forces
7 which is of an equal or lesser classification as provided in
8 s. 322.12.
9 (4) Except as otherwise provided in this chapter, all
10 licenses shall be renewable every 4 years or 6 years,
11 depending upon the terms of issuance and shall be issued or
12 extended upon application, payment of the fees required by s.
13 322.21, and successful passage of any required examination,
14 unless the department or an authorized or exclusive agent
15 county tax collector has reason to believe that the licensee
16 is no longer qualified to receive a license.
17 (5) All renewal driver's licenses may be issued after
18 the applicant licensee has been determined to be eligible by
19 the department or an authorized or exclusive agent county tax
20 collector.
21 (6) If the licensee does not receive a renewal notice,
22 the licensee or applicant may apply to the department or an
23 authorized or exclusive agent county tax collector, under
24 oath, at any driver's license examining office. Such
25 application shall be on a form prepared and furnished by the
26 department. The department shall make such forms available to
27 the various authorized examining offices throughout the state.
28 Upon receipt of such application, the department or county tax
29 collector shall issue a license or temporary permit to the
30 applicant or shall advise the applicant that no license or
31 temporary permit will be issued and advise the applicant of
24
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 the reason for his or her ineligibility.
2 (7) An expired Florida driver's license may be renewed
3 any time within 12 months after the expiration date, with
4 reexamination, if required, upon payment of the required
5 delinquent fee or taking and passing the written examination.
6 If the final date upon which a license may be renewed under
7 this section falls upon a Saturday, Sunday, or legal holiday,
8 the renewal period shall be extended to midnight of the next
9 regular working day. The department or an authorized or
10 exclusive agent county tax collector may refuse to issue any
11 license if:
12 (a) It has reason to believe the licensee is no longer
13 qualified to receive a license.
14 (b) Its records reflect that the applicant's driving
15 privilege is under suspension or revocation.
16 (8) The department shall issue 4-year and 6-year
17 license extensions by mail, electronic, or telephonic means
18 without reexamination.
19 (a) If the department determines from its records that
20 the holder of a license about to expire is eligible for
21 renewal, the department shall mail a renewal notice to the
22 licensee at his or her last known address, not less than 30
23 days prior to the licensee's birthday. The renewal notice
24 shall direct the licensee to appear at an authorized a driver
25 license office for in-person renewal or to transmit the
26 completed renewal notice and the fees required by s. 322.21 to
27 the department by mail, electronically, or telephonically
28 within the 30 days preceding the licensee's birthday for a
29 license extension. License extensions shall not be available
30 to drivers directed to appear for in-person renewal.
31 (b) Upon receipt of a properly completed renewal
25
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1 notice, payment of the required fees, and upon determining
2 that the licensee is still eligible for renewal, the
3 department shall send a license extension sticker to the
4 licensee to affix to the expiring license as evidence that the
5 license term has been extended.
6 (c) The department shall issue license extensions for
7 two consecutive license expirations only. Upon expiration of
8 two consecutive license extension periods, in-person renewal
9 with reexamination as provided in s. 322.121 shall be
10 required. A person who is out of this state when his or her
11 license expires may be issued a 90-day temporary driving
12 permit without reexamination. At the end of the 90-day period,
13 the person must either return to this state or apply for a
14 license where the person is located, except for a member of
15 the Armed Forces as provided in s. 322.121(6).
16 (d) In-person renewal at an authorized a driver
17 license office shall not be available to drivers whose records
18 indicate they were directed to apply for a license extension.
19 (e) Any person who knowingly possesses any forged,
20 stolen, fictitious, counterfeit, or unlawfully issued license
21 extension sticker, unless possession by such person has been
22 duly authorized by the department, commits a misdemeanor of
23 the second degree, punishable as provided in s. 775.082 or s.
24 775.083.
25 (f) The department shall develop a plan for the
26 equitable distribution of license extensions and renewals and
27 the orderly implementation of this section.
28 Section 19. Subsections (1), (3), (4), (11), (12),
29 (13), and (14) of section 322.20, Florida Statutes, are
30 amended to read:
31 322.20 Records of the department; fees; destruction of
26
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 records.--
2 (1) The department shall maintain a record of every
3 application for license received by it or an authorized or
4 exclusive agent county tax collector. The possession of such
5 an application form, whether filled out or in blank, or of a
6 counterfeit thereof, not authorized by the department or its
7 personnel constitutes a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 (3) The department shall maintain convenient records
10 or make suitable notations, in order that the individual
11 driver history record of each licensee is readily available
12 for the consideration of the department or an authorized or
13 exclusive agent county tax collector upon application for
14 renewal of a license and at other suitable times. The release
15 by the department of the driver history record, with respect
16 to crashes involving a licensee, shall not include any
17 notation or record of the occurrence of a motor vehicle crash
18 unless the licensee received a traffic citation as a direct
19 result of the crash, and to this extent such notation or
20 record is exempt from the provisions of s. 119.07(1).
21 (4) It is unlawful for any person to falsify, alter,
22 erase, remove, or destroy, or cause to be altered, erased,
23 removed, or destroyed, any record maintained by the department
24 or an authorized or exclusive agent county tax collector
25 unless the alteration, erasure, removal, or destruction has
26 been duly authorized.
27 (11)(a) The department or an authorized or exclusive
28 agent county tax collector may is authorized to charge the
29 following fees for the following services and documents:
30 1. For providing a transcript of any one individual's
31 driver history record or any portion thereof for the past 3
27
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 years or for searching for such record when no record is found
2 to be on file............................................$2.10
3 2. For providing a transcript of any one individual's
4 driver history record or any portion thereof for the past 7
5 years or for searching for such record when no record is found
6 to be on file............................................$3.10
7 3. For providing a certified copy of a transcript of
8 the driver history record or any portion thereof for any one
9 individual...............................................$3.10
10 4. For providing a certified photographic copy of a
11 document, per page.......................................$1.00
12 5. For providing an exemplified record..........$15.00
13 6. For providing photocopies of documents, papers,
14 letters, clearances, or license or insurance status reports,
15 per page.................................................$0.50
16 7. For assisting persons in searching any one
17 individual's driver record at a terminal located at the
18 department's general headquarters in Tallahassee.........$2.00
19 (b) The department shall furnish such information
20 without charge to any local, state, or federal law enforcement
21 agency or court upon proof satisfactory to the department as
22 to the purpose of the investigation.
23 (12) If the service is provided by the department, the
24 fees collected under this section shall be placed in the
25 Highway Safety Operating Trust Fund. If the service is
26 provided by an exclusive agent county tax collector, the fees
27 collected under this section shall be retained by the tax
28 collector as reimbursement for providing the service as agent
29 of the department.
30 (13) The department or an authorized or exclusive
31 agent county tax collector may is authorized in accordance
28
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Amendment No. ___ (for drafter's use only)
1 with chapter 257, to destroy reports, records, documents,
2 papers, and correspondence in the Division of Driver Licenses
3 or the tax collector's office which are considered obsolete.
4 (14) The department or an authorized or exclusive
5 agent county tax collector may is authorized to photograph,
6 microphotograph, or reproduce on film such documents, records,
7 and reports as it may select. The photographs or
8 microphotographs in the form of film or print of any records
9 made in compliance with the provisions of this section shall
10 have the same force and effect as the originals thereof and
11 shall be treated as originals for the purpose of their
12 admissibility in evidence. Duly certified or authenticated
13 reproductions of such photographs or microphotographs shall be
14 admitted in evidence equally with the original photographs or
15 microphotographs.
16 Section 20. Subsections (2), (3), (4), and (5) of
17 section 322.21, Florida Statutes, are amended to read:
18 322.21 License fees; procedure for handling and
19 collecting fees.--
20 (2) It is the duty of The Director of the Division of
21 Driver Licenses shall to set up a division in the department
22 with the necessary personnel to perform the necessary clerical
23 and routine work for the department and an authorized or
24 exclusive agent county tax collector shall provide sufficient
25 personnel to perform all clerical and routine work for the tax
26 collector in issuing and recording applications, licenses, and
27 certificates of eligibility, including the receiving, and
28 accounting, and proper disbursement of all license funds and
29 their payment into the State Treasury, and performing other
30 incidental clerical work connected with the administration of
31 this chapter. The department or county tax collector may is
29
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743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 authorized to use such electronic, mechanical, or other
2 devices as necessary to accomplish the purposes of this
3 chapter.
4 (3) The department shall prepare sufficient forms for
5 certificates of eligibility, applications, notices, and
6 license materials to supply all authorized agents and all
7 applicants for driver's licenses and all renewal licenses.
8 (4) If the department determines from its records or
9 is otherwise satisfied that the holder of a license about to
10 expire is entitled to have it renewed, the department shall
11 mail a renewal notice to him or her at his or her last known
12 address, not less than 30 days prior to the licensee's
13 birthday. The licensee shall be issued a renewal license,
14 after reexamination, if required, during the 30 days
15 immediately preceding his or her birthday upon presenting a
16 renewal notice, his or her current license, and the fee for
17 renewal to the department or an authorized or exclusive agent
18 county tax collector at any driver's license examining office.
19 (5)(a) The department shall collect and transmit all
20 fees received by it under this section to the Treasurer to be
21 placed in the General Revenue Fund of the state, and
22 sufficient funds for the necessary expenses of the department
23 shall be included in the appropriations act. The fees shall
24 be used for the maintenance and operation of the department.
25 (b) A county tax collector, when serving as an
26 exclusive agent for the department, shall retain as
27 reimbursement for actual services rendered the following
28 portions of fees:
29 1. For renewal of a commercial driver's license as
30 provided under paragraph (1)(a), $7 of the $50 fee and, when
31 applicable, 50 cents of the delinquent fee of $1.
30
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HOUSE AMENDMENT
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Amendment No. ___ (for drafter's use only)
1 2. For issuance of an original Class D or Class E
2 driver's license as provided under paragraph (1)(b) or a
3 learner's driver's license as provided under s. 322.1615, $13
4 of the $20 fee.
5 3. For renewal or extension of a Class D or Class E
6 driver's license as provided under paragraph (1)(c) or a
7 license restricted to motorcycle use only, $5 of the $15 fee
8 and, when applicable, the delinquent fee of $1.
9 4. For issuance of an original driver's license
10 restricted to motorcycle use only, $15 of the $20 fee.
11 5. For issuance of an endorsement required under s.
12 322.57, $5.
13 6. For processing the written test portion of the
14 commercial driver's license requirement of paragraph (1)(a), a
15 fee of $7.
16 Section 21. Section 322.221, Florida Statutes, is
17 amended to read:
18 322.221 Department or an exclusive agent county tax
19 collector may require reexamination.--
20 (1) The department, having good cause to believe that
21 a licensed driver is incompetent or otherwise not qualified to
22 be licensed, may, at any time upon written notice of at least
23 5 days to the licensee, require him or her to submit to an
24 examination or reexamination. Good cause as used herein shall
25 be construed to mean that a licensee's driving record, a
26 report as provided in s. 322.126, or other evidence is
27 sufficient to indicate that his or her driving privilege is
28 detrimental to public safety.
29 (2)(a) The department may require an examination or
30 reexamination to determine the competence and driving ability
31 of any driver causing or contributing to the cause of any
31
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 crash resulting in death, personal injury, or property damage.
2 (b) The department or an exclusive agent county tax
3 collector may, in their its discretion, require any licensed
4 driver to submit to an examination or reexamination prior to
5 his or her normal renewal date upon receipt of a
6 recommendation from a court having jurisdiction of traffic
7 offenses, a law enforcement agency, or a physician stating
8 that the driver's ability to operate a motor vehicle safely is
9 questionable. At the time of renewal of his or her license a
10 driver may be required to submit to an examination or
11 reexamination at the discretion of the examiner if the
12 physical appearance or actions of the licensee give rise to
13 serious doubt as to his or her ability to operate a vehicle
14 safely.
15 (c) If the department or an exclusive agent county tax
16 collector has reason to believe that a licensee is physically
17 or mentally unqualified to operate a motor vehicle, it may
18 require the licensee to submit medical reports regarding his
19 or her physical or mental condition to the department's
20 medical advisory board for its review and recommendation. The
21 submission of medical reports shall be made without expense to
22 the state.
23 (3) Upon the conclusion of such examination or
24 reexamination the department shall take action as may be
25 appropriate and may suspend or revoke the license of such
26 person or permit him or her to retain such license, or may
27 issue a license subject to restrictions as permitted under s.
28 322.16. Refusal or neglect of the licensee to submit to such
29 examination or reexamination shall be ground for suspension or
30 revocation of his or her license.
31 Section 22. Subsections (3) and (6) of section
32
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 322.251, Florida Statutes, are amended to read:
2 322.251 Notice of cancellation, suspension,
3 revocation, or disqualification of license.--
4 (3) Whenever the driving privilege is suspended,
5 revoked, or disqualified under the provisions of this chapter,
6 the period of such suspension, revocation, or disqualification
7 shall be indicated on the order of suspension, revocation, or
8 disqualification, and the department shall require the
9 licensee whose driving privilege is suspended, revoked, or
10 disqualified to surrender all licenses then held by him or her
11 to the department or an authorized or exclusive agent county
12 tax collector. However, should the person fail to surrender
13 such licenses, the suspension, revocation, or disqualification
14 period shall not expire until a period identical to the period
15 for which the driving privilege was suspended, revoked, or
16 disqualified has expired after the date of surrender of the
17 licenses, or the date an affidavit swearing such licenses are
18 lost has been filed with the department or county tax
19 collector. In any instance where the suspension, revocation,
20 or disqualification order is mailed as provided in this
21 section herein, and the license is not surrendered to the
22 department, and such license thereafter expires, the
23 department or county tax collector may shall not renew that
24 license until a period of time identical to the period of such
25 suspension, revocation, or disqualification imposed has
26 expired.
27 (6) Whenever a cancellation, suspension, revocation,
28 or disqualification occurs, the department shall enter the
29 cancellation, suspension, revocation, or disqualification
30 order on the licensee's driver file 20 days after the notice
31 was actually placed in the mail. Any inquiry into the file
33
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 after the 20-day period shall reveal that the license is
2 canceled, suspended, revoked, or disqualified and whether the
3 license has been received by the department or an authorized
4 or exclusive agent county tax collector.
5 Section 23. Paragraph (a) of subsection (2) of section
6 322.282, Florida Statutes, is amended to read:
7 322.282 Procedure when court revokes or suspends
8 license or driving privilege and orders reinstatement.--When a
9 court suspends or revokes a person's license or driving
10 privilege and, in its discretion, orders reinstatement as
11 provided by s. 322.28(2)(d) or former s. 322.261(5):
12 (2)(a) The court shall issue an order of
13 reinstatement, on a form to be furnished by the department,
14 which the person may take to any driver's license examining
15 office. The department or an authorized or exclusive agent
16 county tax collector shall issue a temporary driver's permit
17 to a licensee who presents the court's order of reinstatement,
18 proof of completion of a department-approved driver training
19 or substance abuse education course, and a written request for
20 a hearing under s. 322.271. The permit shall not be issued if
21 a record check by the department or county tax collector shows
22 that the person has previously been convicted for a violation
23 of s. 316.193, former s. 316.1931, former s. 316.028, former
24 s. 860.01, or a previous conviction outside this state for
25 driving under the influence, driving while intoxicated,
26 driving with an unlawful blood-alcohol level, or any similar
27 alcohol-related or drug-related traffic offense; that the
28 person's driving privilege has been previously suspended for
29 refusal to submit to a lawful test of breath, blood, or urine;
30 or that the person is otherwise not entitled to issuance of a
31 driver's license. This paragraph shall not be construed to
34
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 prevent the reinstatement of a license or driving privilege
2 that is presently suspended for driving with an unlawful
3 blood-alcohol level or a refusal to submit to a breath, urine,
4 or blood test and is also revoked for a conviction for a
5 violation of s. 316.193 or former s. 316.1931, if the
6 suspension and revocation arise out of the same incident.
7 Section 24. Subsection (4) of section 322.32, Florida
8 Statutes, is amended to read:
9 322.32 Unlawful use of license.--It is a misdemeanor
10 of the second degree, punishable as provided in s. 775.082 or
11 s. 775.083, for any person:
12 (4) To fail or refuse to surrender to the department
13 or an authorized or exclusive agent county tax collector or to
14 any law enforcement officer, upon lawful demand, any driver's
15 license in his or her possession that has been suspended,
16 revoked, disqualified, or canceled.
17 Section 25. This act shall take effect October 1,
18 2002.
19
20
21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 Delete everything before the enacting clause
24
25 and insert:
26 A bill to be entitled
27 An act relating to the issuance of drivers'
28 licenses; amending s. 322.01, F.S.; defining
29 the term "county tax collector" to mean an
30 authorized agent of the Department of Highway
31 Safety and Motor Vehicles; defining the term
35
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HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 "exclusive agent county tax collector";
2 amending ss. 322.03, 322.05, F.S., relating to
3 the issuance of drivers' licenses; authorizing
4 the county tax collector to issue drivers'
5 licenses; prohibiting the county tax collector
6 from issuing licenses to certain persons;
7 amending s. 322.051, F.S.; authorizing the
8 county tax collector to issue identification
9 cards; providing for the tax collector to
10 retain the fee; amending s. 322.059, F.S.;
11 providing for a driver's license to be
12 surrendered to the county tax collector;
13 amending ss. 322.07, 322.09, F.S.; authorizing
14 the county tax collector to issue instruction
15 permits and temporary licenses; amending s.
16 322.091, F.S., relating to requirements for
17 school attendance; conforming provisions to
18 changes made by the act; amending s. 322.12,
19 F.S.; authorizing the county tax collector to
20 perform driver's license examinations;
21 providing for the tax collector to retain a
22 portion of the fee; amending ss. 322.121,
23 322.13, 322.14, F.S., relating to
24 reexaminations and examiners; conforming
25 provisions to changes made by the act; amending
26 ss. 322.141, 322.142, 322.161, 322.1615, F.S.,
27 relating to the color and types of licenses;
28 conforming provisions to changes made by the
29 act; amending s. 322.17, F.S.; authorizing the
30 county tax collector to issue duplicate and
31 replacement licenses and change-of-address
36
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hbd0002 05:45 pm 01777-0079-252275
HOUSE AMENDMENT
743-115AX-02 Bill No. HB 1777
Amendment No. ___ (for drafter's use only)
1 stickers; revising distribution of the fee;
2 providing for the tax collector to retain a
3 portion of the fee; amending s. 322.18, F.S.,
4 relating to license applications and expiration
5 of licenses; conforming provisions to changes
6 made by the act; amending s. 322.20, F.S.;
7 requiring the county tax collector to maintain
8 certain records; amending s. 322.21, F.S.;
9 requiring that the county tax collector provide
10 personnel to perform the duties specified under
11 the act; providing for the county tax collector
12 to retain a portion of certain fees; amending
13 s. 322.221, F.S.; authorizing the county tax
14 collector to require reexamination of a
15 licensed driver; amending s. 322.251, F.S.;
16 providing for a cancelled, suspended, or
17 revoked driver's license to be surrendered to
18 the county tax collector; amending s. 322.282,
19 F.S.; providing for the county tax collector to
20 issue a temporary driver's permit under certain
21 circumstances; amending s. 322.32, F.S.,
22 relating to penalties imposed for failure to
23 surrender a driver's license; conforming
24 provisions to changes made by the act;
25 providing for an effective date.
26
27
28
29
30
31
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