House Bill hb1777e1

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                                          HB 1777, First Engrossed



  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; defining the term

  7         "exclusive agent county tax collector";

  8         amending ss. 322.03, 322.05, F.S., relating to

  9         the issuance of drivers' licenses; authorizing

10         the county tax collector to issue drivers'

11         licenses; prohibiting the county tax collector

12         from issuing licenses to certain persons;

13         amending s. 322.051, F.S.; authorizing the

14         county tax collector to issue identification

15         cards; providing for the tax collector to

16         retain the fee; amending s. 322.059, F.S.;

17         providing for a driver's license to be

18         surrendered to the county tax collector;

19         amending ss. 322.07, 322.09, F.S.; authorizing

20         the county tax collector to issue instruction

21         permits and temporary licenses; amending s.

22         322.091, F.S., relating to requirements for

23         school attendance; conforming provisions to

24         changes made by the act; amending s. 322.12,

25         F.S.; authorizing the county tax collector to

26         perform driver's license examinations;

27         providing for the tax collector to retain a

28         portion of the fee; amending s. 322.135, F.S.;

29         providing for certain counties to retain fees

30         related to driver's license functions;

31         providing a fiscal limitation; amending ss.


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                                          HB 1777, First Engrossed



  1         322.121, 322.13, 322.14, F.S., relating to

  2         reexaminations and examiners; conforming

  3         provisions to changes made by the act; amending

  4         ss. 322.141, 322.142, 322.161, 322.1615, F.S.,

  5         relating to the color and types of licenses;

  6         conforming provisions to changes made by the

  7         act; amending s. 322.17, F.S.; authorizing the

  8         county tax collector to issue duplicate and

  9         replacement licenses and change-of-address

10         stickers; revising distribution of the fee;

11         providing for the tax collector to retain a

12         portion of the fee; amending s. 322.18, F.S.,

13         relating to license applications and expiration

14         of licenses; conforming provisions to changes

15         made by the act; amending s. 322.20, F.S.;

16         requiring the county tax collector to maintain

17         certain records; amending s. 322.21, F.S.;

18         requiring that the county tax collector provide

19         personnel to perform the duties specified under

20         the act; providing for the county tax collector

21         to retain a portion of certain fees; amending

22         s. 322.221, F.S.; authorizing the county tax

23         collector to require reexamination of a

24         licensed driver; amending s. 322.251, F.S.;

25         providing for a cancelled, suspended, or

26         revoked driver's license to be surrendered to

27         the county tax collector; amending s. 322.282,

28         F.S.; providing for the county tax collector to

29         issue a temporary driver's permit under certain

30         circumstances; amending s. 322.32, F.S.,

31         relating to penalties imposed for failure to


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                                          HB 1777, First Engrossed



  1         surrender a driver's license; conforming

  2         provisions to changes made by the act;

  3         requiring the Auditor General to conduct a

  4         review of certain aspects of certain tax

  5         collectors operating the driver's license

  6         program; providing effective dates.

  7

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

  9

10         Section 1.  Present subsections (11) through (17) of

11  section 322.01, Florida Statutes, are redesignated as

12  subsections (12) through (18), respectively, and new

13  subsections (11) and (19) are added to that section, and

14  present subsections (18) through (42) of that section are

15  redesignated as subsections (20) through (44), respectively,

16  to read:

17         322.01  Definitions.--As used in this chapter:

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

19  collectors of this state performing as:

20         (a)  Authorized by contract; or

21         (b)  Exclusive agents of the department.

22         (19)  "Exclusive agent county tax collectors" means the

23  county tax collectors for Bradford, Escambia, Hillsborough,

24  Manatee, Pinellas, Saint Johns, and Taylor counties.

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

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

27  amended to read:

28         322.03  Drivers must be licensed; penalties.--

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

30  department or an authorized or exclusive agent county tax

31  collector shall require any person who has been convicted two


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                                          HB 1777, First Engrossed



  1  or more times of a violation of s. 316.193 or of a

  2  substantially similar alcohol-related or drug-related offense

  3  outside this state within the preceding 5 years, or who has

  4  been convicted of three or more such offenses within the

  5  preceding 10 years, to present proof of successful completion

  6  of or enrollment in a department-approved substance abuse

  7  education course. If the person fails to complete such

  8  education course within 90 days after issuance, the department

  9  shall cancel the license. Further, prior to issuing the

10  driver's license the department or county tax collector shall

11  require such person to present proof of financial

12  responsibility as provided in s. 324.031. For the purposes of

13  this paragraph, a previous conviction for violation of former

14  s. 316.028, former s. 316.1931, or former s. 860.01 shall be

15  considered a previous conviction for violation of s. 316.193.

16         (3)(a)  The department or an authorized or exclusive

17  agent county tax collector may not issue a commercial driver's

18  license to any person who is not a resident of this state.

19         Section 3.  Section 322.05, Florida Statutes, is

20  amended to read:

21         322.05  Persons not to be licensed.--The department or

22  an authorized or exclusive agent county tax collector may not

23  issue a license:

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

25  except that the department or an authorized or exclusive agent

26  county tax collector may issue a learner's driver's license to

27  a person who is at least 15 years of age and who meets the

28  requirements of ss. 322.091 and 322.1615 and of any other

29  applicable law or rule.

30

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                                          HB 1777, First Engrossed



  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


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                                          HB 1777, First Engrossed



  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.--


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                                          HB 1777, First Engrossed



  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 an authorized or

  5  exclusive agent county tax collector upon completion of an

  6  application and payment of an 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. An

28  exclusive agent county tax collector shall retain the $3 as

29  reimbursement for the cost of providing the identification

30  card.

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                                          HB 1777, First Engrossed



  1         (2)  Every identification card shall expire, unless

  2  canceled earlier, on the fourth birthday of the applicant

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

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

  5  identification card issued under this section, the card shall

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

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

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

  9  birthday of the applicant following expiration of the

10  identification card renewed, unless surrendered earlier.  Any

11  application for renewal received later than 90 days after

12  expiration of the identification card shall be considered the

13  same as an application for an original identification card.

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

15  exclusive agent county tax collector shall retain the $3 as

16  reimbursement for the cost of providing the identification

17  card. The department shall, at the end of 4 years and 6 months

18  after the issuance or renewal of an identification card,

19  destroy any record of the card if it has expired and has not

20  been renewed, unless the cardholder is 60 years of age or

21  older.

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

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

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

25  duplicate upon furnishing satisfactory proof of such fact to

26  the department or an authorized or exclusive county tax

27  collector and upon payment of a fee of $2.50 for such

28  duplicate, which shall include payment for the color

29  photograph or digital image of the applicant. The department

30  or an exclusive agent tax collector shall retain the $2.50 as

31  reimbursement for the cost of providing the duplicate card.


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                                          HB 1777, First Engrossed



  1  Any person who loses an identification card and who, after

  2  obtaining a duplicate, finds the original card shall

  3  immediately surrender the original card to the department or

  4  an authorized or exclusive agent county tax collector. The

  5  same documentary evidence shall be furnished for a duplicate

  6  as for an original identification card.

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

  8  "cancellation" means that an identification card is terminated

  9  without prejudice and must be surrendered. Cancellation of the

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

11  when voluntarily surrendered to the department or an

12  authorized or exclusive agent county tax collector.

13         Section 5.  Section 322.059, Florida Statutes, is

14  amended to read:

15         322.059  Mandatory surrender of suspended driver's

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

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

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

19  registration to the Department of Highway Safety and Motor

20  Vehicles or an authorized or exclusive agent county tax

21  collector.  If such person fails to return his or her driver's

22  license or registration, any law enforcement agent may seize

23  the license or registration while the driver's license or

24  registration is suspended.

25         Section 6.  Section 322.07, Florida Statutes, is

26  amended to read:

27         322.07  Instruction permits and temporary licenses.--

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

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

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

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


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                                          HB 1777, First Engrossed



  1  temporary instruction permit. The department or an authorized

  2  or exclusive agent county tax collector shall issue such a

  3  permit entitling the applicant, while having the permit in his

  4  or her immediate possession, to drive a motor vehicle of the

  5  type for which a Class E driver's license is required upon the

  6  highways for a period of 90 days, but, except when operating a

  7  motorcycle or moped as defined in s. 316.003, the person must

  8  be accompanied by a licensed driver who is 21 years of age or

  9  older, who is licensed to operate the class of vehicle being

10  operated, and who is actually occupying the closest seat to

11  the right of the driver.

12         (2)  The department or an authorized or exclusive agent

13  county tax collector may, in its discretion, issue a temporary

14  permit to an applicant for a Class D or Class E driver's

15  license permitting him or her to operate a motor vehicle of

16  the type for which a Class D or Class E driver's license is

17  required while the department is completing its investigation

18  and determination of all facts relative to such applicant's

19  right to receive a driver's license.  Such permit must be in

20  his or her immediate possession while operating a motor

21  vehicle, and it shall be invalid when the applicant's license

22  has been issued or for good cause has been refused.

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

24  instruction in operating a Class D or commercial motor

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

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

27  a temporary Class D or temporary commercial instruction

28  permit. The department or an authorized or exclusive agent

29  county tax collector shall issue such a permit entitling the

30  applicant, while having the permit in his or her immediate

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                                          HB 1777, First Engrossed



  1  possession, to drive a Class D or commercial motor vehicle on

  2  the highways, provided that:

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

  4  issued in any state; and

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

  6  commercial motor vehicle, is accompanied by a licensed driver

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

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

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

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

11  Statutes, is amended to read:

12         322.09  Application of minors.--

13         (3)  The department or an authorized or exclusive agent

14  county tax collector may not issue a driver's license or

15  learner's driver's license to any applicant under the age of

16  18 years who is not in compliance with the requirements of s.

17  322.091.

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

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

20  are amended to read:

21         322.091  Attendance requirements.--

22         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

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

24  unless that minor:

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

26  or home education program and satisfies relevant attendance

27  requirements;

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

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

30  high school completion;

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                                          HB 1777, First Engrossed



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

  2  the Test of General Educational Development and satisfies

  3  relevant attendance requirements;

  4         (d)  Is enrolled in other educational activities

  5  approved by the district school board and satisfies relevant

  6  attendance requirements;

  7         (e)  Has been issued a certificate of exemption

  8  according to s. 232.06; or

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

10

11  The department or an authorized or exclusive agent county tax

12  collector may not issue a driver's license or learner's

13  driver's license to, or the department shall suspend the

14  driver's license or learner's driver's license of, any minor

15  concerning whom the department receives notification of

16  noncompliance with the requirements of this section.

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

18  RECORD OF NONCOMPLIANCE.--

19         (e)  The department or an authorized or exclusive agent

20  county tax collector may not issue a driver's license or

21  learner's driver's license to any minor for whom it has a

22  record of noncompliance with the requirements of subsection

23  (1) unless the minor submits verification of compliance

24  pursuant to subsection (4).

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

26  district school board shall provide a minor with written

27  verification that he or she is in compliance with the

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

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

30  request for verification of compliance.  Upon receiving

31  written verification that the minor is again in compliance


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                                          HB 1777, First Engrossed



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

  2  authorized or exclusive county tax collector shall reinstate

  3  the minor's driving privilege.  Thereafter, if the school

  4  district determines that the minor is not in compliance with

  5  the requirements of subsection (1), the department shall

  6  suspend the minor's driving privilege until the minor is 18

  7  years of age or otherwise satisfies the requirements of

  8  subsection (1), whichever occurs first.

  9         Section 9.  Section 322.12, Florida Statutes, is

10  amended to read:

11         322.12  Examination of applicants.--

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

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

14  required to pass an examination pursuant to this section.

15  However, the department or an authorized or exclusive agent

16  county tax collector may waive the knowledge, endorsement, and

17  skills tests for an applicant who is otherwise qualified and

18  who surrenders a valid driver's license from another state or

19  a province of Canada, or a valid driver's license issued by

20  the United States Armed Forces, if the driver applies for a

21  Florida license of an equal or lesser classification. A person

22  who seeks to retain a hazardous-materials endorsement,

23  pursuant to s. 322.57(1)(d), must pass the hazardous-materials

24  test, upon surrendering his or her commercial driver's

25  license, if the person has not taken and passed the

26  hazardous-materials test within 2 years preceding his or her

27  application for a commercial driver's license in this state.

28         (2)  The department or an authorized or exclusive agent

29  county tax collector shall examine every applicant for a

30  driver's license, including an applicant who is licensed in

31  another state or country, except as otherwise provided in this


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                                          HB 1777, First Engrossed



  1  chapter. A person who holds a learner's driver's license as

  2  provided for in s. 322.1615 is not required to pay a fee for

  3  successfully completing the examination showing his or her

  4  ability to operate a motor vehicle as provided for herein and

  5  need not pay the fee for a replacement license as provided in

  6  s. 322.17(2). Any person who applies for reinstatement

  7  following the suspension or revocation of his or her driver's

  8  license shall pay a service fee of $25 following a suspension,

  9  and $50 following a revocation, which is in addition to the

10  fee for a license. Any person who applies for reinstatement of

11  a commercial driver's license following the disqualification

12  of his or her privilege to operate a commercial motor vehicle

13  shall pay a service fee of $50, which is in addition to the

14  fee for a license. The department or an authorized or

15  exclusive agent county tax collector shall collect all of

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

17  retained as a service fee if the reinstated license is

18  provided by an exclusive agent county tax collector. The

19  department or an authorized or exclusive agent county tax

20  collector shall issue proper receipts for such fees and shall

21  promptly transmit all funds received by it as follows:

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

23  reinstatement following a suspension, if issued by the

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

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

26  in the Highway Safety Operating Trust Fund.  If an exclusive

27  agent county tax collector reinstates the license, the tax

28  collector shall forward $4 for deposit into General Revenue,

29  $10 for deposit into the Highway Safety Operating Trust Fund

30  and shall retain $11 as a service fee.

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                                          HB 1777, First Engrossed



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

  2  reinstatement following a revocation or disqualification, if

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

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

  5  deposited in the Highway Safety Opeating Trust Fund. If an

  6  exclusive agent county tax collector reinstates the license,

  7  the tax collector shall forward $24 for deposit into the

  8  General Revenue Fund, $15 into the Highway Safety Operating

  9  Trust Fund and shall retain $11 as a service fee.

10

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

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

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

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

15  collected from one person convicted of such violations arising

16  out of the same incident. The department or an authorized or

17  exclusive agent county tax collector shall collect the $105

18  fee and deposit it into the Highway Safety Operating Trust

19  Fund at the time of reinstatement of the person's driver's

20  license, but the fee must not be collected if the suspension

21  or revocation was overturned.

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

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

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

25  designated by the department or an authorized or exclusive

26  agent county tax collector or by a licensed ophthalmologist,

27  optometrist, or physician and a test of the applicant's

28  hearing given by a driver's license examiner or a licensed

29  physician. The examination shall also include a test of the

30  applicant's ability to read and understand highway signs

31  regulating, warning, and directing traffic; his or her


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                                          HB 1777, First Engrossed



  1  knowledge of the traffic laws of this state, including laws

  2  regulating driving under the influence of alcohol or

  3  controlled substances, driving with an unlawful blood-alcohol

  4  level, and driving while intoxicated; and his or her knowledge

  5  of the effects of alcohol and controlled substances upon

  6  persons and the dangers of driving a motor vehicle while under

  7  the influence of alcohol or controlled substances and shall

  8  include an actual demonstration of ability to exercise

  9  ordinary and reasonable control in the operation of a motor

10  vehicle.

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

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

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

14  the department or an authorized or exclusive agent county tax

15  collector or by a licensed ophthalmologist, optometrist, or

16  physician and a test of the applicant's hearing given by a

17  driver's license examiner or a licensed physician.  The

18  examination shall also include a test of the applicant's

19  ability to read and understand highway signs regulating,

20  warning, and directing traffic; his or her knowledge of the

21  traffic laws of this state pertaining to the class of motor

22  vehicle which he or she is applying to be licensed to operate,

23  including laws regulating driving under the influence of

24  alcohol or controlled substances, driving with an unlawful

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

26  knowledge of the effects of alcohol and controlled substances

27  and the dangers of driving a motor vehicle after having

28  consumed alcohol or controlled substances; and his or her

29  knowledge of any special skills, requirements, or precautions

30  necessary for the safe operation of the class of vehicle which

31  he or she is applying to be licensed to operate.  In addition,


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                                          HB 1777, First Engrossed



  1  the examination shall include an actual demonstration of the

  2  applicant's ability to exercise ordinary and reasonable

  3  control in the safe operation of a motor vehicle or

  4  combination of vehicles of the type covered by the license

  5  classification which the applicant is seeking, including an

  6  examination of the applicant's ability to perform an

  7  inspection of his or her vehicle.

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

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

10  department or by an entity authorized by the department to

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

12  examination shall be administered at a location approved by

13  the department.

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

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

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

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

18  years preceding his or her application for a commercial

19  driver's license in this state.

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

21  examination for applicants for licenses to operate

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

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

24  successfully complete such an examination, which is in

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

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

27  operation of a motorcycle and of any traffic laws specifically

28  relating thereto and must include an actual demonstration of

29  his or her ability to exercise ordinary and reasonable control

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

31  examination, the department shall consider the use of the


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                                          HB 1777, First Engrossed



  1  Motorcycle Operator Skills Test and the Motorcycle in Traffic

  2  Test offered by the Motorcycle Safety Foundation. The

  3  department or an authorized or exclusive agent county tax

  4  collector shall indicate on the license of any person who

  5  successfully completes the examination that the licensee is

  6  authorized to operate a motorcycle.  If the applicant wishes

  7  to be licensed to operate a motorcycle only, he or she need

  8  not take the skill or road test required under subsection (3)

  9  for the operation of a motor vehicle, and the department or an

10  authorized or exclusive agent county tax collector shall

11  indicate such a limitation on his or her license as a

12  restriction. Every first-time applicant for licensure to

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

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

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

16  operate a motorcycle.

17         (b)  The department or an authorized or exclusive agent

18  county tax collector may exempt any applicant from the

19  examination provided in this subsection if the applicant

20  presents a certificate showing successful completion of a

21  course approved by the department, which course includes a

22  similar examination of the knowledge and skill of the

23  applicant in the operation of a motorcycle.

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

25  Statutes, is amended to read:

26         322.121  Periodic reexamination of all drivers.--

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

28  show any revocations, disqualifications, or suspensions for

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

30  years except for convictions of the following nonmoving

31  violations:


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                                          HB 1777, First Engrossed



  1         (a)  Failure to exhibit a vehicle registration

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

  3  320.0605;

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

  5  registration that has been expired for 4 months or less

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

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

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

  9  322.065;

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

11  s. 322.15(1); or

12         (e)  Failure to notify the department or an authorized

13  or exclusive agent county tax collector of a change of address

14  or name within 10 days pursuant to s. 322.19,

15

16  the department or an authorized or exclusive agent county tax

17  collector shall cause such licensee's license to be

18  prominently marked with the notation "Safe Driver."

19         Section 11.  Section 322.13, Florida Statutes, is

20  amended to read:

21         322.13  Driver's license examiners.--

22         (1)(a)  The department or an authorized or exclusive

23  agent county tax collector shall designate employees or other

24  persons to serve as driver's license examiners who, upon

25  accepting such designation, shall conduct examinations

26  hereunder, perform other assigned duties, and make factual

27  reports of findings and recommendations to the department or

28  county tax collector as it may require. In the course of his

29  or her duties, an examiner may is authorized to administer

30  oaths or have persons affirm as to the truth of statements

31  filed before him or her.


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                                          HB 1777, First Engrossed



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

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

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

  4  768.28.

  5         (2)  The department or an authorized or exclusive agent

  6  county tax collector shall further designate employees or

  7  other persons to serve as driver's license examiners to

  8  enforce all driver's license laws; suspension, revocation, and

  9  cancellation orders; and laws relating to the registration of

10  motor vehicles entered in compliance with the provisions of

11  this chapter and chapters 320, 324, and 488. Upon designation,

12  certain examiners shall be empowered to issue uniform traffic

13  citations to persons found in violation of such chapters. Any

14  person who fails or refuses to surrender his or her driver's

15  license, registration certificate, and license plate upon

16  lawful demand of an examiner is guilty of a misdemeanor of the

17  second degree, punishable as provided in s. 775.082 or s.

18  775.083. Persons designated as examiners by the department or

19  county tax collector shall not be considered for membership in

20  the state high-risk retirement program.

21         Section 12.  Paragraph (6) of section 322.135, Florida

22  Statutes, is amended to read:

23         322.135  Driver's license agents.--

24         (6)  Administration of driver license services by a

25  county tax collector as the exclusive agent of the department

26  must be revenue neutral with no adverse state fiscal impact

27  and with no adverse unfunded mandate to the tax collector.

28  Fees retained by the tax collectors as exclusive agents,

29  except in Bradford County, St. Johns County, and Taylor County

30  where the department has no driver license facilities, shall

31  not exceed costs incurred by the department in providing


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                                          HB 1777, First Engrossed



  1  driver license issuance services in that county calculated on

  2  the basis of actual cost incurred in that county in fiscal

  3  year 2000-2001 adjusted by the lesser of the consumer price

  4  index or 3% per fiscal year.  There shall be no revenue

  5  reduction to the Highway Safety Operating Trust Fund.Toward

  6  this end, The Cost Determination and Allocation Task Force is

  7  created, to be established by July 1, 2001.  The task force

  8  shall be composed of two representatives appointed by the

  9  executive director of the department, two tax collectors

10  appointed by the president of the Florida Tax Collectors,

11  Inc., one from a small-population county and one from a

12  large-population county; one person appointed by the Speaker

13  of the House of Representatives; one person appointed by the

14  President of the Senate; and the Governor's appointee.  If

15  requested by the task force, the Auditor General must provide

16  technical assistance.  The purpose of the task force is to

17  recommend the allocation of cost between the Department of

18  Highway Safety and Motor Vehicles and tax collectors to

19  administer driver license services authorized in this chapter.

20  These recommendations must be submitted in a written report by

21  January 1, 2002.  The task force shall dissolve on January 1,

22  2002.  The written report shall be presented to the President

23  of the Senate, the Speaker of the House of Representatives,

24  and the Executive Office of the Governor, and shall contain

25  findings and determinations and related allocation

26  recommendations dealing with costs, both construction and

27  operating costs, of both the department and the applicable tax

28  collectors, appropriate allocations of costs between the

29  department and the tax collectors, and fee recommendations to

30  assure that the fees paid for these driver license services do

31


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                                          HB 1777, First Engrossed



  1  not result in a loss of revenue to the state in excess of

  2  costs incurred by the state.

  3         Section 13.  Paragraph (a) of subsection (1) of section

  4  322.14, Florida Statutes, is amended to read:

  5         322.14  Licenses issued to drivers.--

  6         (1)(a)  The department or an authorized or exclusive

  7  agent county tax collector shall, upon successful completion

  8  of all required examinations and payment of the required fee,

  9  issue to every applicant qualifying therefor, a driver's

10  license as applied for, which license shall bear thereon a

11  color photograph or digital image of the licensee; the name of

12  the state; a distinguishing number assigned to the licensee;

13  and the licensee's full name, date of birth, and mailing

14  address; a brief description of the licensee, including, but

15  not limited to, the licensee's gender and height; and the

16  dates of issuance and expiration of the license. A space shall

17  be provided upon which the licensee shall affix his or her

18  usual signature. No license shall be valid until it has been

19  so signed by the licensee except that the signature of said

20  licensee shall not be required if it appears thereon in

21  facsimile or if the licensee is not present within the state

22  at the time of issuance. Applicants qualifying to receive a

23  Class A, Class B, or Class C driver's license must appear in

24  person within the state for issuance of a color photographic

25  or digital imaged driver's license pursuant to s. 322.142.

26         Section 14.  Section 322.141, Florida Statutes, is

27  amended to read:

28         322.141  Color of licenses.--

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

30  department or an authorized or exclusive agent county tax

31  collector to persons under the age of 21 years for the


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                                          HB 1777, First Engrossed



  1  operation of motor vehicles shall have markings or color which

  2  shall be obviously separate and distinct from all other

  3  licenses issued by the department or county tax collector for

  4  the operation of motor vehicles.

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

  6  vehicles originally issued or reissued by the department or an

  7  authorized or exclusive agent county tax collector to persons

  8  who have insulin-dependent diabetes may, at the request of the

  9  applicant, have distinctive markings separate and distinct

10  from all other licenses issued by the department or county tax

11  collector.

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

13  reissue, the department or an authorized or exclusive agent

14  county tax collector shall require such proof as it deems

15  appropriate that a person has insulin-dependent diabetes.

16         Section 15.  Subsections (1) and (2) of section

17  322.142, Florida Statutes, are amended to read:

18         322.142  Color photographic or digital imaged

19  licenses.--

20         (1)  The department or an authorized or exclusive agent

21  county tax collector shall, upon receipt of the required fee,

22  issue to each qualified applicant for an original driver's

23  license a color photographic or digital imaged driver's

24  license bearing a fullface photograph or digital image of the

25  licensee.  A space shall be provided upon which the licensee

26  shall affix his or her usual signature, as required in s.

27  322.14, in the presence of an authorized agent of the

28  department or county tax collector so as to ensure that such

29  signature becomes a part of the license.

30         (2)  The department or an authorized or exclusive agent

31  county tax collector shall, upon receipt of the required fee,


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                                          HB 1777, First Engrossed



  1  issue to each qualified licensee applying for a renewal

  2  license in accordance with s. 322.18 a color photographic or

  3  digital imaged license as provided for in subsection (1).

  4         Section 16.  Paragraphs (b) and (c) of subsection (1)

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

  6         322.161  High-risk drivers; restricted licenses.--

  7         (1)

  8         (b)  Upon determination that any person has accumulated

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

10  and issue the licensee a restricted license for business

11  purposes only. The licensee must appear before the department

12  or an authorized or exclusive agent county tax collector

13  within 10 days after notification to have this restriction

14  applied. The period of restriction shall be for a period of no

15  less than 1 year beginning on the date it is applied by the

16  department or county tax collector.

17         (c)  The restriction shall be automatically withdrawn

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

19  accumulate any additional points.  If the licensee accumulates

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

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

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

23  no other grounds for restriction exist.  The licensee must

24  appear before the department or an authorized or exclusive

25  agent county tax collector to have the restriction removed and

26  a duplicate license issued.

27         Section 17.  Subsection (1) of section 322.1615,

28  Florida Statutes, is amended to read:

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

30

31


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                                          HB 1777, First Engrossed



  1         (1)  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:

  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 18.  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 an authorized or exclusive agent county tax collector that

21  such permit or license has been lost or destroyed, and further

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

23  mailing address, proof of birth satisfactory to the department

24  or county tax collector, and proof of identity satisfactory to

25  the department. Nine Five dollars of the fee levied in this

26  paragraph shall go to the Highway Safety Operating Trust Fund

27  when the duplicate or substitute is issued by of the

28  department and, if the permit or license is reissued by an

29  exclusive agent county tax collector, the tax collector shall

30  retain $5 as a service fee, and $5 shall go to the Highway

31  Safety Operating Trust Fund.


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                                          HB 1777, First Engrossed



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

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

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

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

  5  furnishing proof satisfactory to the department or an

  6  authorized or exclusive agent county tax collector that such

  7  permit or license was stolen and further furnishing the full

  8  name, date of birth, sex, residence and mailing address, proof

  9  of birth satisfactory to the department, and proof of identity

10  satisfactory to the department or county tax collector.

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

12  payment of a $10 replacement fee, the department or an

13  authorized or exclusive agent county tax collector shall issue

14  a replacement license to make a change in name, address, or

15  restrictions.  If the department replaces the license, $9 of

16  the fee shall be deposited into the Highway Safety Operating

17  Trust Fund and $1 shall be deposited into the General Revenue

18  Trust Fund.  If an exclusive agent county tax collector

19  replaces the license, the tax collector shall foward $9 to the

20  Highway Safety Operating Trust Fund and shall retain $1 as

21  reimbursement for the cost of replacing the license.

22         (3)  Upon written request by the licensee and

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

24  fee, the department shall issue an address sticker that shall

25  be affixed to the back of the license by the licensee.  Nine

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

27  Highway Safety Operating Trust Fund of the department.

28         Section 19.  Subsections (1), (4), (5), (6), (7), and

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

30         322.18  Original applications, licenses, and renewals;

31  expiration of licenses; delinquent licenses.--


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                                          HB 1777, First Engrossed



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

  2  department or an authorized or exclusive agent county tax

  3  collector may issue an original driver's license only after

  4  the applicant successfully passes the required examinations

  5  and presents the application to the department or county tax

  6  collector.

  7         (b)  The department or an authorized or exclusive agent

  8  county tax collector may waive the driver's license

  9  examination requirement if the applicant is otherwise

10  qualified and surrenders a valid license issued by another

11  state, a province of Canada, or the United States Armed Forces

12  which is of an equal or lesser classification as provided in

13  s. 322.12.

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

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

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

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

18  322.21, and successful passage of any required examination,

19  unless the department or an authorized or exclusive agent

20  county tax collector has reason to believe that the licensee

21  is no longer qualified to receive a license.

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

23  the applicant licensee has been determined to be eligible by

24  the department or an authorized or exclusive agent county tax

25  collector.

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

27  the licensee or applicant may apply to the department or an

28  authorized or exclusive agent county tax collector, under

29  oath, at any driver's license examining office. Such

30  application shall be on a form prepared and furnished by the

31  department. The department shall make such forms available to


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                                          HB 1777, First Engrossed



  1  the various authorized examining offices throughout the state.

  2  Upon receipt of such application, the department or county tax

  3  collector shall issue a license or temporary permit to the

  4  applicant or shall advise the applicant that no license or

  5  temporary permit will be issued and advise the applicant of

  6  the reason for his or her ineligibility.

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

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

  9  reexamination, if required, upon payment of the required

10  delinquent fee or taking and passing the written examination.

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

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

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

14  regular working day. The department or an authorized or

15  exclusive agent county tax collector may refuse to issue any

16  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 shall issue 4-year and 6-year

22  license extensions by mail, electronic, or telephonic means

23  without reexamination.

24         (a)  If the department determines from its records that

25  the holder of a license about to expire is eligible for

26  renewal, the department shall mail a renewal notice to the

27  licensee at his or her last known address, not less than 30

28  days prior to the licensee's birthday. The renewal notice

29  shall direct the licensee to appear at an authorized a driver

30  license office for in-person renewal or to transmit the

31  completed renewal notice and the fees required by s. 322.21 to


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                                          HB 1777, First Engrossed



  1  the department by mail, electronically, or telephonically

  2  within the 30 days preceding the licensee's birthday for a

  3  license extension. License extensions shall not be available

  4  to drivers directed to appear for in-person renewal.

  5         (b)  Upon receipt of a properly completed renewal

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

  7  that the licensee is still eligible for renewal, the

  8  department shall send a license extension sticker to the

  9  licensee to affix to the expiring license as evidence that the

10  license term has been extended.

11         (c)  The department shall issue license extensions for

12  two consecutive license expirations only. Upon expiration of

13  two consecutive license extension periods, in-person renewal

14  with reexamination as provided in s. 322.121 shall be

15  required.  A person who is out of this state when his or her

16  license expires may be issued a 90-day temporary driving

17  permit without reexamination. At the end of the 90-day period,

18  the person must either return to this state or apply for a

19  license where the person is located, except for a member of

20  the Armed Forces as provided in s. 322.121(6).

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

22  license office shall not be available to drivers whose records

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

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

25  stolen, fictitious, counterfeit, or unlawfully issued license

26  extension sticker, unless possession by such person has been

27  duly authorized by the department, commits a misdemeanor of

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

29  775.083.

30

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                                          HB 1777, First Engrossed



  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 20.  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 an authorized or

11  exclusive agent county tax collector. The possession of such

12  an application form, whether filled out or in blank, or of a

13  counterfeit thereof, not authorized by the department or its

14  personnel constitutes a misdemeanor of the second degree,

15  punishable as provided in 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 an authorized or

20  exclusive agent county tax collector upon application for

21  renewal of a license and at other suitable times. The release

22  by the department of the driver history record, with respect

23  to crashes involving a licensee, shall not include any

24  notation or record of the occurrence of a motor vehicle crash

25  unless the licensee received a traffic citation as a direct

26  result of the crash, and to this extent such notation or

27  record is exempt from the 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  or an authorized or exclusive agent county tax collector


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                                          HB 1777, First Engrossed



  1  unless the alteration, erasure, removal, or destruction has

  2  been duly authorized.

  3         (11)(a)  The department or an authorized or exclusive

  4  agent county tax collector may is authorized to charge the

  5  following fees for the following 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


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                                          HB 1777, First Engrossed



  1  Highway Safety Operating Trust Fund. If the service is

  2  provided by an exclusive agent county tax collector, the fees

  3  collected under this section shall be retained by the tax

  4  collector as reimbursement for providing the service as agent

  5  of the department.

  6         (13)  The department or an authorized or exclusive

  7  agent county tax collector may is authorized in accordance

  8  with chapter 257, to destroy reports, records, documents,

  9  papers, and correspondence in the Division of Driver Licenses

10  or the tax collector's office which are considered obsolete.

11         (14)  The department or an authorized or exclusive

12  agent county tax collector may is authorized to photograph,

13  microphotograph, or reproduce on film such documents, records,

14  and reports as it may select. The photographs or

15  microphotographs in the form of film or print of any records

16  made in compliance with the provisions of this section shall

17  have the same force and effect as the originals thereof and

18  shall be treated as originals for the purpose of their

19  admissibility in evidence.  Duly certified or authenticated

20  reproductions of such photographs or microphotographs shall be

21  admitted in evidence equally with the original photographs or

22  microphotographs.

23         Section 21.  Subsections (2), (3), (4), and (5) of

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

25         322.21  License fees; procedure for handling and

26  collecting fees.--

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

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

29  with the necessary personnel to perform the necessary clerical

30  and routine work for the department and an authorized or

31  exclusive agent county tax collector shall provide sufficient


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                                          HB 1777, First Engrossed



  1  personnel to perform all clerical and routine work for the tax

  2  collector in issuing and recording applications, licenses, and

  3  certificates of eligibility, including the receiving, and

  4  accounting, and proper disbursement of all license funds and

  5  their payment into the State Treasury, and performing other

  6  incidental clerical work connected with the administration of

  7  this chapter. The department or county tax collector may is

  8  authorized to use such electronic, mechanical, or other

  9  devices as necessary to accomplish the purposes of this

10  chapter.

11         (3)  The department shall prepare sufficient forms for

12  certificates of eligibility, applications, notices, and

13  license materials to supply all authorized agents and all

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

15         (4)  If the department determines from its records or

16  is otherwise satisfied that the holder of a license about to

17  expire is entitled to have it renewed, the department shall

18  mail a renewal notice to him or her at his or her last known

19  address, not less than 30 days prior to the licensee's

20  birthday. The licensee shall be issued a renewal license,

21  after reexamination, if required, during the 30 days

22  immediately preceding his or her birthday upon presenting a

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

24  renewal to the department or an authorized or exclusive agent

25  county tax collector at any driver's license examining office.

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

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

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

29  sufficient funds for the necessary expenses of the department

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

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


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                                          HB 1777, First Engrossed



  1         (b)  A county tax collector, when serving as an

  2  exclusive agent for the department, shall retain as

  3  reimbursement for actual services rendered the following

  4  portions of fees:

  5         1.  For renewal of a commercial driver's license as

  6  provided under paragraph (1)(a), $7 of the $50 fee and, when

  7  applicable, 50 cents of the delinquent fee of $1.

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

  9  driver's license as provided under paragraph (1)(b) or a

10  learner's driver's license as provided under s. 322.1615, $13

11  of the $20 fee.

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

13  driver's license as provided under paragraph (1)(c) or a

14  license restricted to motorcycle use only, $5 of the $15 fee

15  and, when applicable, the delinquent fee of $1.

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

17  restricted to motorcycle use only, $15 of the $20 fee.

18         5.  For issuance of an endorsement required under s.

19  322.57, $5.

20         6.  For processing the written test portion of the

21  commercial driver's license requirement of paragraph (1)(a), a

22  fee of $7.

23         Section 22.  Section 322.221, Florida Statutes, is

24  amended to read:

25         322.221  Department or an exclusive agent county tax

26  collector may require reexamination.--

27         (1)  The department, having good cause to believe that

28  a licensed driver is incompetent or otherwise not qualified to

29  be licensed, may, at any time upon written notice of at least

30  5 days to the licensee, require him or her to submit to an

31  examination or reexamination. Good cause as used herein shall


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                                          HB 1777, First Engrossed



  1  be construed to mean that a licensee's driving record, a

  2  report as provided in s. 322.126, or other evidence is

  3  sufficient to indicate that his or her driving privilege is

  4  detrimental to public safety.

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

  6  reexamination to determine the competence and driving ability

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

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

  9         (b)  The department or an exclusive agent county tax

10  collector may, in their its discretion, require any licensed

11  driver to submit to an examination or reexamination prior to

12  his or her normal renewal date upon receipt of a

13  recommendation from a court having jurisdiction of traffic

14  offenses, a law enforcement agency, or a physician stating

15  that the driver's ability to operate a motor vehicle safely is

16  questionable.  At the time of renewal of his or her license a

17  driver may be required to submit to an examination or

18  reexamination at the discretion of the examiner if the

19  physical appearance or actions of the licensee give rise to

20  serious doubt as to his or her ability to operate a vehicle

21  safely.

22         (c)  If the department or an exclusive agent county tax

23  collector has reason to believe that a licensee is physically

24  or mentally unqualified to operate a motor vehicle, it may

25  require the licensee to submit medical reports regarding his

26  or her physical or mental condition to the department's

27  medical advisory board for its review and recommendation.  The

28  submission of medical reports shall be made without expense to

29  the state.

30         (3)  Upon the conclusion of such examination or

31  reexamination the department shall take action as may be


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                                          HB 1777, First Engrossed



  1  appropriate and may suspend or revoke the license of such

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

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

  4  322.16.  Refusal or neglect of the licensee to submit to such

  5  examination or reexamination shall be ground for suspension or

  6  revocation of his or her license.

  7         Section 23.  Subsections (3) and (6) of section

  8  322.251, Florida Statutes, are amended to read:

  9         322.251  Notice of cancellation, suspension,

10  revocation, or disqualification of license.--

11         (3)  Whenever the driving privilege is suspended,

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

13  the period of such suspension, revocation, or disqualification

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

15  disqualification, and the department shall require the

16  licensee whose driving privilege is suspended, revoked, or

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

18  to the department or an authorized or exclusive agent county

19  tax collector. However, should the person fail to surrender

20  such licenses, the suspension, revocation, or disqualification

21  period shall not expire until a period identical to the period

22  for which the driving privilege was suspended, revoked, or

23  disqualified has expired after the date of surrender of the

24  licenses, or the date an affidavit swearing such licenses are

25  lost has been filed with the department or county tax

26  collector. In any instance where the suspension, revocation,

27  or disqualification order is mailed as provided in this

28  section herein, and the license is not surrendered to the

29  department, and such license thereafter expires, the

30  department or county tax collector may shall not renew that

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


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                                          HB 1777, First Engrossed



  1  suspension, revocation, or disqualification imposed has

  2  expired.

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

  4  or disqualification occurs, the department shall enter the

  5  cancellation, suspension, revocation, or disqualification

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

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

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

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

10  license has been received by the department or an authorized

11  or exclusive agent county tax collector.

12         Section 24.  Paragraph (a) of subsection (2) of section

13  322.282, Florida Statutes, is amended to read:

14         322.282  Procedure when court revokes or suspends

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

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

17  privilege and, in its discretion, orders reinstatement as

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

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

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

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

22  office. The department or an authorized or exclusive agent

23  county tax collector shall issue a temporary driver's permit

24  to a licensee who presents the court's order of reinstatement,

25  proof of completion of a department-approved driver training

26  or substance abuse education course, and a written request for

27  a hearing under s. 322.271. The permit shall not be issued if

28  a record check by the department or county tax collector shows

29  that the person has previously been convicted for a violation

30  of s. 316.193, former s. 316.1931, former s. 316.028, former

31  s. 860.01, or a previous conviction outside this state for


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                                          HB 1777, First Engrossed



  1  driving under the influence, driving while intoxicated,

  2  driving with an unlawful blood-alcohol level, or any similar

  3  alcohol-related or drug-related traffic offense; that the

  4  person's driving privilege has been previously suspended for

  5  refusal to submit to a lawful test of breath, blood, or urine;

  6  or that the person is otherwise not entitled to issuance of a

  7  driver's license. This paragraph shall not be construed to

  8  prevent the reinstatement of a license or driving privilege

  9  that is presently suspended for driving with an unlawful

10  blood-alcohol level or a refusal to submit to a breath, urine,

11  or blood test and is also revoked for a conviction for a

12  violation of s. 316.193 or former s. 316.1931, if the

13  suspension and revocation arise out of the same incident.

14         Section 25.  Subsection (4) of section 322.32, Florida

15  Statutes, is amended to read:

16         322.32  Unlawful use of license.--It is a misdemeanor

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

18  s. 775.083, for any person:

19         (4)  To fail or refuse to surrender to the department

20  or an authorized or exclusive agent county tax collector or to

21  any law enforcement officer, upon lawful demand, any driver's

22  license in his or her possession that has been suspended,

23  revoked, disqualified, or canceled.

24         Section 26.  (1) The Auditor General, shall provide a

25  fiscal impact analysis of the effect of each participating tax

26  collector performing services related to the issuance of

27  driver licenses consistent with the requirements of this act.

28  The Auditor General's analysis shall include, but not be

29  limited to,

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                                          HB 1777, First Engrossed



  1         (a)  A cost analysis, including an analysis of revenues

  2  lost by the state compared to the reduction in the state's

  3  costs to administer the program.

  4         (b)  An analysis of the difference in state program

  5  costs and state revenues associated with tax collectors who

  6  are currently providing driver license services compared to

  7  the program costs and state revenues if those tax collectors

  8  provide services consistent with the requirements of this act.

  9         (c)  A projection of the total fiscal impact if the

10  pilot established in this act is implemented statewide.

11         (d)  Identification of any recommendations for the

12  delivery of driver license services by tax collectors

13  statewide, and performance measures and standards tax

14  collectors should be required to meet if they elect to provide

15  driver license services under the requirements of this act.

16         (2)  Each tax collector in the pilot project shall

17  provide to the Auditor General, no later than October 1, 2002,

18  the following data to assist the Auditor General in conducting

19  his review.

20         (a)  Total costs within each county's budget for the

21  tax collector to provide all services including a breakdown of

22  transactions per service and a calculation of relative costs

23  for each of its services provided.

24         (b)  Specific cost projections of providing either

25  continued or additional driver's license services.

26         (c)  Projections relating to the ability of the tax

27  collectors to improve or maintain performance standards and

28  measures as established by the Legislature.

29         (3)  The Auditor General shall submit the results of

30  his review and his recommendations to the Governor, the

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                                          HB 1777, First Engrossed



  1  Speaker of the House and the President of the Senate by

  2  February 1, 2003.

  3         (4)  This section shall take effect upon becoming law.

  4         Section 27.  Except as otherwise provided herein, this

  5  act shall take effect July 1, 2003.

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