House Bill hb1777

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                HB 1777

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act relating to the issuance of drivers'

  3         licenses; amending s. 322.01, F.S.; defining

  4         the term "county tax collector" to mean an

  5         authorized agent of the Department of Highway

  6         Safety and Motor Vehicles; amending ss. 322.03,

  7         322.05, F.S., relating to the issuance of

  8         drivers' licenses; authorizing the county tax

  9         collector to issue drivers' licenses;

10         prohibiting the county tax collector from

11         issuing licenses to certain persons; amending

12         s. 322.051, F.S.; authorizing the county tax

13         collector to issue identification cards;

14         providing for the tax collector to retain the

15         fee; amending s. 322.059, F.S.; providing for a

16         driver's license to be surrendered to the

17         county tax collector; amending ss. 322.07,

18         322.09, F.S.; authorizing the county tax

19         collector to issue instruction permits and

20         temporary licenses; amending s. 322.091, F.S.,

21         relating to requirements for school attendance;

22         conforming provisions to changes made by the

23         act; amending s. 322.12, F.S.; authorizing the

24         county tax collector to perform driver's

25         license examinations; providing for the tax

26         collector to retain a portion of the fee;

27         amending ss. 322.121, 322.13, 322.14, F.S.,

28         relating to reexaminations and examiners;

29         conforming provisions to changes made by the

30         act; amending ss. 322.141, 322.142, 322.161,

31         322.1615, F.S., relating to the color and types

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1         of licenses; conforming provisions to changes

  2         made by the act; amending s. 322.17, F.S.;

  3         authorizing the county tax collector to issue

  4         duplicate and replacement licenses and

  5         change-of-address stickers; providing for the

  6         tax collector to retain a portion of the fee;

  7         amending s. 322.18, F.S., relating to license

  8         applications and expiration of licenses;

  9         conforming provisions to changes made by the

10         act; amending s. 322.20, F.S.; requiring the

11         county tax collector to maintain certain

12         records; amending s. 322.21, F.S.; requiring

13         that the county tax collector provide personnel

14         to perform the duties specified under the act;

15         providing an effective date.

16

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

18

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

20  section 322.01, Florida Statutes, are redesignated as

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

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

23         322.01  Definitions.--As used in this chapter:

24         (11)  "County tax collector" means the county tax

25  collectors of this state performing as authorized agents of

26  the department.

27         Section 2.  Subsection (2) and paragraph (a) of

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

29  amended to read:

30         322.03  Drivers must be licensed; penalties.--

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  department or county tax collector shall require any person

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

  4  316.193 or of a substantially similar alcohol-related or

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

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

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

  8  successful completion of or enrollment in a

  9  department-approved substance abuse education course. If the

10  person fails to complete such education course within 90 days

11  after issuance, the department shall cancel the license.

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

13  or county tax collector shall require such person to present

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

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

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

17  s. 860.01 shall be considered a previous conviction for

18  violation of s. 316.193.

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

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

21  resident of this state.

22         Section 3.  Section 322.05, Florida Statutes, is

23  amended to read:

24         322.05  Persons not to be licensed.--The department or

25  county tax collector may not issue a license:

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

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

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

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

30  322.1615 and of any other applicable law or rule.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3  of s. 322.091 and holds a valid:

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

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

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

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

  8  traffic driving school for which adjudication must be withheld

  9  pursuant to s. 318.14; or

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

11  foreign jurisdiction and that would not be subject to

12  suspension or revocation under the laws of this state.

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

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

15  other responsible adult meeting the requirements of s. 322.09

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

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

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

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

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

21  of the certification. The certification is inadmissible for

22  any purpose in any civil proceeding.

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

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

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

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

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

28  provisions of paragraphs (2)(a) and (b) and ss. 322.09 and

29  322.16(2) and (3). The department may require of any such

30  applicant for a Class D driver's license such examination of

31  the qualifications of the applicant as the department

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  considers proper, and the department may limit the use of any

  2  license granted as it considers proper.

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

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

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

  6  imposed under the provisions of this chapter.

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

  8  operator, whose privilege to operate a commercial motor

  9  vehicle has been disqualified, until the expiration of the

10  period of disqualification.

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

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

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

14  of safely driving a motor vehicle.

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

16  afflicted with or suffering from any mental disability or

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

18  restored to competency by the methods provided by law.

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

20  take an examination, unless such person shall have

21  successfully passed such examination.

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

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

24  highways by such person would be detrimental to public safety

25  or welfare. Deafness alone shall not prevent the person

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

27  license.

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

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

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

31         322.051  Identification cards.--

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

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

  4  an identification card by the department or county tax

  5  collector upon completion of an application and payment of an

  6  application fee.

  7         (a)  Each such application shall include the following

  8  information regarding the applicant:

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

10  gender, social security card number, residence and mailing

11  address, and a brief description.

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

13         3.  Proof of identity satisfactory to the department.

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

15  license record or identification card record has already been

16  established: a certified copy of a United States birth

17  certificate, a valid United States passport, an alien

18  registration receipt card (green card), an employment

19  authorization card issued by the United States Department of

20  Justice, or proof of nonimmigrant classification provided by

21  the United States Department of Justice, for an original

22  identification card.

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

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

25  the department before a person authorized to administer oaths.

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

27  for the color photograph or digital image of the applicant.

28  The county tax collector shall retain the $3 as reimbursement

29  for the cost of providing the identification card.

30         (2)  Every identification card shall expire, unless

31  canceled earlier, on the fourth birthday of the applicant

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3  identification card issued under this section, the card shall

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

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

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

  7  birthday of the applicant following expiration of the

  8  identification card renewed, unless surrendered earlier.  Any

  9  application for renewal received later than 90 days after

10  expiration of the identification card shall be considered the

11  same as an application for an original identification card.

12  The renewal fee for an identification card shall be $3. The

13  county tax collector shall retain the $3 as reimbursement for

14  the cost of providing the identification card. The department

15  shall, at the end of 4 years and 6 months after the issuance

16  or renewal of an identification card, destroy any record of

17  the card if it has expired and has not been renewed, unless

18  the cardholder is 60 years of age or older.

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

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

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

22  duplicate upon furnishing satisfactory proof of such fact to

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

24  fee of $2.50 for such duplicate, which shall include payment

25  for the color photograph or digital image of the applicant.

26  The issuing entity shall retain the $2.50 as reimbursement for

27  the cost of providing the duplicate card. Any person who loses

28  an identification card and who, after obtaining a duplicate,

29  finds the original card shall immediately surrender the

30  original card to the department or county tax collector. The

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  same documentary evidence shall be furnished for a duplicate

  2  as for an original identification card.

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

  4  "cancellation" means that an identification card is terminated

  5  without prejudice and must be surrendered. Cancellation of the

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

  7  when voluntarily surrendered to the department or county tax

  8  collector.

  9         Section 5.  Section 322.059, Florida Statutes, is

10  amended to read:

11         322.059  Mandatory surrender of suspended driver's

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

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

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

15  registration to the Department of Highway Safety and Motor

16  Vehicles or county tax collector.  If such person fails to

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

18  enforcement agent may seize the license or registration while

19  the driver's license or registration is suspended.

20         Section 6.  Section 322.07, Florida Statutes, is

21  amended to read:

22         322.07  Instruction permits and temporary licenses.--

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

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

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

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

27  temporary instruction permit. The department or county tax

28  collector shall issue such a permit entitling the applicant,

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

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

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

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

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

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

  5  actually occupying the closest seat to the right of the

  6  driver.

  7         (2)  The department or county tax collector may, in its

  8  discretion, issue a temporary permit to an applicant for a

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

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

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

12  completing its investigation and determination of all facts

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

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

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

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

17  good cause has been refused.

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

19  instruction in operating a Class D or commercial motor

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

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

22  a temporary Class D or temporary commercial instruction

23  permit. The department or county tax collector shall issue

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

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

26  commercial motor vehicle on the highways, provided that:

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

28  issued in any state; and

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

30  commercial motor vehicle, is accompanied by a licensed driver

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

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3         Section 7.  Subsection (3) of section 322.09, Florida

  4  Statutes, is amended to read:

  5         322.09  Application of minors.--

  6         (3)  The department or county tax collector may not

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

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

  9  with the requirements of s. 322.091.

10         Section 8.  Subsection (1), paragraph (e) of subsection

11  (2), and subsection (4) of section 322.091, Florida Statutes,

12  are amended to read:

13         322.091  Attendance requirements.--

14         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

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

16  unless that minor:

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

18  or home education program and satisfies relevant attendance

19  requirements;

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

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

22  high school completion;

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

24  the Test of General Educational Development and satisfies

25  relevant attendance requirements;

26         (d)  Is enrolled in other educational activities

27  approved by the district school board and satisfies relevant

28  attendance requirements;

29         (e)  Has been issued a certificate of exemption

30  according to s. 232.06; or

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

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1

  2  The department or county tax collector may not issue a

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

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

  5  any minor concerning whom the department receives notification

  6  of noncompliance with the requirements of this section.

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

  8  RECORD OF NONCOMPLIANCE.--

  9         (e)  The department or county tax collector may not

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

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

12  requirements of subsection (1) unless the minor submits

13  verification of compliance pursuant to subsection (4).

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

15  district school board shall provide a minor with written

16  verification that he or she is in compliance with the

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

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

19  request for verification of compliance.  Upon receiving

20  written verification that the minor is again in compliance

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

22  county tax collector shall reinstate the minor's driving

23  privilege.  Thereafter, if the school district determines that

24  the minor is not in compliance with the requirements of

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

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

27  otherwise satisfies the requirements of subsection (1),

28  whichever occurs first.

29         Section 9.  Section 322.12, Florida Statutes, is

30  amended to read:

31         322.12  Examination of applicants.--

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3  required to pass an examination pursuant to this section.

  4  However, the department or county tax collector may waive the

  5  knowledge, endorsement, and skills tests for an applicant who

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

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

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

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

10  classification. A person who seeks to retain a

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

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

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

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

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

16  license in this state.

17         (2)  The department or county tax collector shall

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

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

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

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

22  not required to pay a fee for successfully completing the

23  examination showing his or her ability to operate a motor

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

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

26  who applies for reinstatement following the suspension or

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

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

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

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

31  license following the disqualification of his or her privilege

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3  department or county tax collector shall collect all of these

  4  fees at the time of reinstatement, of which $11 shall be

  5  retained as a service fee if the reinstated license is

  6  provided by the county tax collector. The department or county

  7  tax collector shall issue proper receipts for such fees and

  8  shall promptly transmit all funds received by it as follows:

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

10  reinstatement following a suspension, if issued by the

11  department, shall deposit $15 shall be deposited in the

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

13  in the Highway Safety Operating Trust Fund. If the county tax

14  collector reinstates the license, the tax collector shall

15  forward $14 of the $25 fee to the department for deposit into

16  the General Revenue Fund and shall retain $11 as a service

17  fee.

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

19  reinstatement following a revocation or disqualification, if

20  issued by the department, shall deposit $35 shall be deposited

21  in the General Revenue Fund and the remaining $15 shall be

22  deposited in the Highway Safety Operating Trust Fund. If the

23  county tax collector reinstates the license, the tax collector

24  shall forward $39 of the $50 fee to the department for deposit

25  into the General Revenue Fund and shall retain $11 as a

26  service fee.

27

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

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

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

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

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  collected from one person convicted of such violations arising

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

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

  4  Highway Safety Operating Trust Fund at the time of

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

  6  must not be collected if the suspension or revocation was

  7  overturned.

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

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

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

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

12  licensed ophthalmologist, optometrist, or physician and a test

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

14  examiner or a licensed physician. The examination shall also

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

16  understand highway signs regulating, warning, and directing

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

18  state, including laws regulating driving under the influence

19  of alcohol or controlled substances, driving with an unlawful

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

21  her knowledge of the effects of alcohol and controlled

22  substances upon persons and the dangers of driving a motor

23  vehicle while under the influence of alcohol or controlled

24  substances and shall include an actual demonstration of

25  ability to exercise ordinary and reasonable control in the

26  operation of a motor vehicle.

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

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

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

30  the department or county tax collector or by a licensed

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

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  licensed physician.  The examination shall also include a test

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

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

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

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

  7  licensed to operate, including laws regulating driving under

  8  the influence of alcohol or controlled substances, driving

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

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

11  and controlled substances and the dangers of driving a motor

12  vehicle after having consumed alcohol or controlled

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

14  requirements, or precautions necessary for the safe operation

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

16  licensed to operate.  In addition, the examination shall

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

18  exercise ordinary and reasonable control in the safe operation

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

20  covered by the license classification which the applicant is

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

22  to perform an inspection of his or her vehicle.

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

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

25  department or by an entity authorized by the department to

26  administer such examination, pursuant to s. 322.56.  Such

27  examination shall be administered at a location approved by

28  the department.

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

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

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

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  years preceding his or her application for a commercial

  3  driver's license in this state.

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

  5  examination for applicants for licenses to operate

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

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

  8  successfully complete such an examination, which is in

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

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

11  operation of a motorcycle and of any traffic laws specifically

12  relating thereto and must include an actual demonstration of

13  his or her ability to exercise ordinary and reasonable control

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

15  examination, the department shall consider the use of the

16  Motorcycle Operator Skills Test and the Motorcycle in Traffic

17  Test offered by the Motorcycle Safety Foundation. The

18  department or county tax collector shall indicate on the

19  license of any person who successfully completes the

20  examination that the licensee is authorized to operate a

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

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

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

24  motor vehicle, and the department or county tax collector

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

26  restriction. Every first-time applicant for licensure to

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

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

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

30  operate a motorcycle.

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1         (b)  The department or county tax collector may exempt

  2  any applicant from the examination provided in this subsection

  3  if the applicant presents a certificate showing successful

  4  completion of a course approved by the department, which

  5  course includes a similar examination of the knowledge and

  6  skill of the applicant in the operation of a motorcycle.

  7         Section 10.  Subsection (3) of section 322.121, Florida

  8  Statutes, is amended to read:

  9         322.121  Periodic reexamination of all drivers.--

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

11  show any revocations, disqualifications, or suspensions for

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

13  years except for convictions of the following nonmoving

14  violations:

15         (a)  Failure to exhibit a vehicle registration

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

17  320.0605;

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

19  registration that has been expired for 4 months or less

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

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

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

23  322.065;

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

25  s. 322.15(1); or

26         (e)  Failure to notify the department or county tax

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

28  pursuant to s. 322.19,

29

30

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  the department or county tax collector shall cause such

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

  3  "Safe Driver."

  4         Section 11.  Section 322.13, Florida Statutes, is

  5  amended to read:

  6         322.13  Driver's license examiners.--

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

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

  9  license examiners who, upon accepting such designation, shall

10  conduct examinations hereunder, perform other assigned duties,

11  and make factual reports of findings and recommendations to

12  the department or county tax collector as it may require. In

13  the course of his or her duties, an examiner may is authorized

14  to administer oaths or have persons affirm as to the truth of

15  statements filed before him or her.

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

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

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

19  768.28.

20         (2)  The department or county tax collector shall

21  further designate employees or other persons to serve as

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

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

24  laws relating to the registration of motor vehicles entered in

25  compliance with the provisions of this chapter and chapters

26  320, 324, and 488. Upon designation, certain examiners shall

27  be empowered to issue uniform traffic citations to persons

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

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

30  certificate, and license plate upon lawful demand of an

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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  designated as examiners by the department or county tax

  3  collector shall not be considered for membership in the state

  4  high-risk retirement program.

  5         Section 12.  Paragraph (a) of subsection (1) of section

  6  322.14, Florida Statutes, is amended to read:

  7         322.14  Licenses issued to drivers.--

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

  9  upon successful completion of all required examinations and

10  payment of the required fee, issue to every applicant

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

12  license shall bear thereon a color photograph or digital image

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

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

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

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

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

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

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

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

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

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

23  within the state at the time of issuance. Applicants

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

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

26  a color photographic or digital imaged driver's license

27  pursuant to s. 322.142.

28         Section 13.  Section 322.141, Florida Statutes, is

29  amended to read:

30         322.141  Color of licenses.--

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  department or county tax collector to persons under the age of

  3  21 years for the operation of motor vehicles shall have

  4  markings or color which shall be obviously separate and

  5  distinct from all other licenses issued by the department or

  6  county tax collector for the operation of motor vehicles.

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

  8  vehicles originally issued or reissued by the department or

  9  county tax collector to persons who have insulin-dependent

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

11  distinctive markings separate and distinct from all other

12  licenses issued by the department or county tax collector.

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

14  reissue, the department or county tax collector shall require

15  such proof as it deems appropriate that a person has

16  insulin-dependent diabetes.

17         Section 14.  Subsections (1) and (2) of section

18  322.142, Florida Statutes, are amended to read:

19         322.142  Color photographic or digital imaged

20  licenses.--

21         (1)  The department or county tax collector shall, upon

22  receipt of the required fee, issue to each qualified applicant

23  for an original driver's license a color photographic or

24  digital imaged driver's license bearing a fullface photograph

25  or digital image of the licensee.  A space shall be provided

26  upon which the licensee shall affix his or her usual

27  signature, as required in s. 322.14, in the presence of an

28  authorized agent of the department or county tax collector so

29  as to ensure that such signature becomes a part of the

30  license.

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1         (2)  The department or county tax collector shall, upon

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

  3  applying for a renewal license in accordance with s. 322.18 a

  4  color photographic or digital imaged license as provided for

  5  in subsection (1).

  6         Section 15.  Paragraphs (b) and (c) of subsection (1)

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

  8         322.161  High-risk drivers; restricted licenses.--

  9         (1)

10         (b)  Upon determination that any person has accumulated

11  six or more points, the department shall notify the licensee

12  and issue the licensee a restricted license for business

13  purposes only. The licensee must appear before the department

14  or county tax collector within 10 days after notification to

15  have this restriction applied. The period of restriction shall

16  be for a period of no less than 1 year beginning on the date

17  it is applied by the department or county tax collector.

18         (c)  The restriction shall be automatically withdrawn

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

20  accumulate any additional points.  If the licensee accumulates

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

22  extended 90 days for each point. The restriction shall also be

23  automatically withdrawn upon the licensee's 18th birthday if

24  no other grounds for restriction exist.  The licensee must

25  appear before the department or county tax collector to have

26  the restriction removed and a duplicate license issued.

27         Section 16.  Subsection (1) of section 322.1615,

28  Florida Statutes, is amended to read:

29         322.1615  Learner's driver's license.--

30

31

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

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

  3  years of age and who:

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

  5  driver's license;

  6         (b)  Has passed the vision and hearing examination

  7  administered under s. 322.12;

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

  9  education course prescribed in s. 322.095; and

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

11  by rule of the department.

12         Section 17.  Section 322.17, Florida Statutes, is

13  amended to read:

14         322.17  Duplicate and replacement certificates.--

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

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

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

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

19  thereof, upon furnishing proof satisfactory to the department

20  or county tax collector that such permit or license has been

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

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

23  satisfactory to the department or county tax collector, and

24  proof of identity satisfactory to the department. Four Five

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

26  Highway Safety Operating Trust Fund of the department and, if

27  the permit or license is reissued by the county tax collector,

28  the tax collector shall retain $6 as a service fee.

29         (b)  If In the event that an instruction permit or

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

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

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  furnishing proof satisfactory to the department or county tax

  3  collector that such permit or license was stolen and further

  4  furnishing the full name, date of birth, sex, residence and

  5  mailing address, proof of birth satisfactory to the

  6  department, and proof of identity satisfactory to the

  7  department or county tax collector.

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

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

10  collector shall issue a replacement license to make a change

11  in name, address, or restrictions. If the department replaces

12  the license, the entire $10 fee shall be deposited into the

13  Highway Safety Operating Trust Fund. If the county tax

14  collector replaces the license, the tax collector shall

15  forward $4 of the $10 fee to the department for deposit into

16  the Highway Safety Operating Trust Fund and shall retain $6 as

17  reimbursement for the cost of replacing the license.

18         (3)  Upon written request by the licensee and

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

20  fee, the department or county tax collector shall issue an

21  address sticker that which shall be affixed to the back of the

22  license by the licensee. If the department issues the address

23  sticker, the entire $10 fee shall be deposited into the

24  Highway Safety Operating Trust Fund. If the county tax

25  collector issues the address sticker, the tax collector shall

26  forward $5 of the $10 fee to the department for deposit into

27  the Highway Safety Operating Trust Fund and shall retain $5 as

28  reimbursement for the cost of issuing the sticker. Nine

29  dollars of the fee levied in this subsection shall go to the

30  Highway Safety Operating Trust Fund of the department.

31

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1         Section 18.  Subsections (1), (4), (5), (6), (7), and

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

  3         322.18  Original applications, licenses, and renewals;

  4  expiration of licenses; delinquent licenses.--

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

  6  department or county tax collector may issue an original

  7  driver's license only after the applicant successfully passes

  8  the required examinations and presents the application to the

  9  department or county tax collector.

10         (b)  The department or county tax collector may waive

11  the driver's license examination requirement if the applicant

12  is otherwise qualified and surrenders a valid license issued

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

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

15  provided in s. 322.12.

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

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

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

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

20  322.21, and successful passage of any required examination,

21  unless the department or county tax collector has reason to

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

23  license.

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

25  the applicant licensee has been determined to be eligible by

26  the department or county tax collector.

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

28  the licensee or applicant may apply to the department or

29  county tax collector, under oath, at any driver's license

30  examining office. Such application shall be on a form prepared

31  and furnished by the department. The department shall make

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  such forms available to the various authorized examining

  2  offices throughout the state. Upon receipt of such

  3  application, the department or county tax collector shall

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

  5  advise the applicant that no license or temporary permit will

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

  7  her ineligibility.

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

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

10  reexamination, if required, upon payment of the required

11  delinquent fee or taking and passing the written examination.

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

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

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

15  regular working day. The department or county tax collector

16  may refuse to issue any license if:

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

18  qualified to receive a license.

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

20  privilege is under suspension or revocation.

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

22  4-year and 6-year license extensions by mail, electronic, or

23  telephonic means without reexamination.

24         (a)  If the department or county tax collector

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

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

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

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

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

30  licensee to appear at an authorized a driver license office

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

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  county tax collector by mail, electronically, or

  3  telephonically within the 30 days preceding the licensee's

  4  birthday for a license extension. License extensions shall not

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

  6  renewal.

  7         (b)  Upon receipt of a properly completed renewal

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

  9  that the licensee is still eligible for renewal, the

10  department or county tax collector shall send a license

11  extension sticker to the licensee to affix to the expiring

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

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

14  license extensions for two consecutive license expirations

15  only.  Upon expiration of two consecutive license extension

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

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

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

19  temporary driving permit without reexamination. At the end of

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

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

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

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

24  license office shall not be available to drivers whose records

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

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

27  stolen, fictitious, counterfeit, or unlawfully issued license

28  extension sticker, unless possession by such person has been

29  duly authorized by the department, commits a misdemeanor of

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

31  775.083.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






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

  2  equitable distribution of license extensions and renewals and

  3  the orderly implementation of this section.

  4         Section 19.  Subsections (1), (3), (4), (11), (12),

  5  (13), and (14) of section 322.20, Florida Statutes, are

  6  amended to read:

  7         322.20  Records of the department; fees; destruction of

  8  records.--

  9         (1)  The department shall maintain a record of every

10  application for license received by it or the county tax

11  collectors. The possession of such an application form,

12  whether filled out or in blank, or of a counterfeit thereof,

13  not authorized by the department or its personnel constitutes

14  a misdemeanor of the second degree, punishable as provided in

15  s. 775.082 or s. 775.083.

16         (3)  The department shall maintain convenient records

17  or make suitable notations, in order that the individual

18  driver history record of each licensee is readily available

19  for the consideration of the department or county tax

20  collector upon application for renewal of a license and at

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

22  driver history record, with respect to crashes involving a

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

24  occurrence of a motor vehicle crash unless the licensee

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

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

27  provisions of s. 119.07(1).

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

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

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

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  or county tax collector unless the alteration, erasure,

  2  removal, or destruction has been duly authorized.

  3         (11)(a)  The department or county tax collector may is

  4  authorized to charge the following fees for the following

  5  services and documents:

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

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

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

  9  to be on file............................................$2.10

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

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

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

13  to be on file............................................$3.10

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

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

16  individual...............................................$3.10

17         4.  For providing a certified photographic copy of a

18  document, per page.......................................$1.00

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

20         6.  For providing photocopies of documents, papers,

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

22  per page.................................................$0.50

23         7.  For assisting persons in searching any one

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

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

26         (b)  The department shall furnish such information

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

28  agency or court upon proof satisfactory to the department as

29  to the purpose of the investigation.

30         (12)  If the service is provided by the department, the

31  fees collected under this section shall be placed in the

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  Highway Safety Operating Trust Fund. If the service is

  2  provided by the county tax collector, the fees collected under

  3  this section shall be retained by the tax collector as

  4  reimbursement for providing the service as agent of the

  5  department.

  6         (13)  The department or county tax collector may is

  7  authorized in accordance with chapter 257, to destroy reports,

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

  9  of Driver Licenses or the tax collector's office which are

10  considered obsolete.

11         (14)  The department or county tax collector may is

12  authorized to photograph, microphotograph, or reproduce on

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

14  The photographs or microphotographs in the form of film or

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

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

17  originals thereof and shall be treated as originals for the

18  purpose of their admissibility in evidence.  Duly certified or

19  authenticated reproductions of such photographs or

20  microphotographs shall be admitted in evidence equally with

21  the original photographs or microphotographs.

22         Section 20.  Subsections (2) and (3) of section 322.21,

23  Florida Statutes, are amended to read:

24         322.21  License fees; procedure for handling and

25  collecting fees.--

26         (2)  It is the duty of The Director of the Division of

27  Driver Licenses shall to set up a division in the department

28  with the necessary personnel to perform the necessary clerical

29  and routine work for the department and the county tax

30  collector shall provide sufficient personnel to perform all

31  clerical and routine work for the tax collector in issuing and

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1777

    743-115-02






  1  recording applications, licenses, and certificates of

  2  eligibility, including the receiving, and accounting, and

  3  proper disbursement of all license funds and their payment

  4  into the State Treasury, and performing other incidental

  5  clerical work connected with the administration of this

  6  chapter. The department or county tax collector may is

  7  authorized to use such electronic, mechanical, or other

  8  devices as necessary to accomplish the purposes of this

  9  chapter.

10         (3)  The department shall prepare sufficient forms for

11  certificates of eligibility, applications, notices, and

12  license materials to supply all authorized agents and all

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

14         Section 21.  This act shall take effect October 1,

15  2002.

16

17            *****************************************

18                          SENATE SUMMARY

19    Authorizes the county tax collectors to issue drivers'
      licenses and identification cards as agents of the
20    Department of Highway Safety and Motor Vehicles. Provides
      for the tax collectors to retain a portion of the license
21    fees as reimbursement for the costs of issuance. Requires
      that the county tax collectors maintain records and
22    provide personnel to perform the duties required under
      the act. (See bill for details.)
23

24

25

26

27

28

29

30

31

                                  30

CODING: Words stricken are deletions; words underlined are additions.