HB 1513 2003
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.1932,
3	F.S.; revising provision for placement of consent language
4	on driver's licenses; amending s. 316.302, F.S.; deleting
5	obsolete language; amending s. 320.05, F.S.; excluding
6	information provided by the Department of Highway Safety
7	and Motor Vehicles via its Internet website from certain
8	charges; deleting provision for charges for described
9	access to certain license status reports; amending s.
10	322.051, F.S.; revising provisions relating to issuance of
11	identification cards; specifying additional proof of
12	identity for application for such card; amending s.
13	322.08, F.S.; revising provisions relating to issuance of
14	driver's license; specifying additional proof of identity
15	for application for such license; specifying documents for
16	proof of immigration classification; amending s. 322.12,
17	F.S.; revising specified fees for reissuance of suspended
18	license; providing for deposit of funds into the Highway
19	Safety Law Enforcement Trust Fund; amending s. 322.135,
20	F.S.; requiring certain driver's license agents to remit
21	funds within a specified time period; providing for method
22	of remittance; amending s. 322.142, F.S.; providing for
23	color photographic or digital imaged identification cards;
24	amending ss. 322.17, 322.18, and 322.19, F.S.; correcting
25	references; amending s. 322.20, F.S.; providing for
26	charges for described access to certain license status
27	reports; amending s. 322.53, F.S.; deleting certain
28	license and endorsement requirements for described drivers
29	with specified exemption; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Paragraph (e) of subsection (1) of section
34	316.1932, Florida Statutes, is amended to read:
35	316.1932 Breath, blood, and urine tests for alcohol,
36	chemical substances, or controlled substances; implied consent;
37	refusal.--
38	(1)
39	(e)1. By applying for a driver's license and by accepting
40	and using a driver's license, the person holding the driver's
41	license is deemed to have expressed his or her consent to the
42	provisions of this section.
43	2. A nonresident or any other person driving in a status
44	exempt from the requirements of the driver's license law, by his
45	or her act of driving in such exempt status, is deemed to have
46	expressed his or her consent to the provisions of this section.
47	3. A warning of the consent provision of this section
48	shall be printed above the signature lineon each new or renewed
49	driver's license.
50	Section 2. Paragraph (i) of subsection (2) of section
51	316.302, Florida Statutes, is amended to read:
52	316.302 Commercial motor vehicles; safety regulations;
53	transporters and shippers of hazardous materials; enforcement.--
54	(2)
55	(i) A person who was a regularly employed driver of a
56	commercial motor vehicle on July 4, 1987, andwhose driving
57	record shows no traffic convictions, pursuant to s. 322.61,
58	during the 2-year period immediately preceding the application
59	for the commercial driver's license, and who is otherwise
60	qualified as a driver under 49 C.F.R. part 391, and who operates
61	a commercial vehicle in intrastate commerce only, shall be
62	exempt from the requirements of 49 C.F.R. part 391, subpart E,
63	s. 391.41(b)(10). However, such operators are still subject to
64	the requirements of ss. 322.12 and 322.121. As proof of
65	eligibility such driver shall have in his or her possession a
66	physical examination form dated within the past 24 months.
67	Section 3. Paragraph (b) of subsection (3) of section
68	320.05, Florida Statutes, is amended to read:
69	320.05 Records of the department; inspection procedure;
70	lists and searches; fees.--
71	(3)
72	(b) Fees therefor shall be charged and collected as
73	follows:
74	1. For providing lists of motor vehicle or vessel records
75	for the entire state, or any part or parts thereof, divided
76	according to counties, a sum computed at a rate of not less than
77	1 cent nor more than 5 cents per item.
78	2. For providing noncertified photographic copies of motor
79	vehicle or vessel documents, $1 per page.
80	3. For providing noncertified photographic copies of
81	micrographic records, $1 per page.
82	4. For providing certified copies of motor vehicle or
83	vessel records, $3 per record.
84	5. For providing noncertified computer-generated printouts
85	of motor vehicle or vessel records, 50 cents per record.
86	6. For providing certified computer-generated printouts of
87	motor vehicle or vessel records, $3 per record.
88	7. For providing electronic access to motor vehicle,
89	vessel, and mobile home registration data requested by tag,
90	vehicle identification number, title number, or decal number, 50
91	cents per item, except that information provided via the
92	department’s Internet website shall be free of charge.
93	8. For providing electronic access to driver's license
94	status report by name, sex, and date of birth or by driver
95	license number, 50 cents per item.
96	8.9.For providing lists of licensed mobile home dealers
97	and manufacturers and recreational vehicle dealers and
98	manufacturers, $15 per list.
99	9.10.For providing lists of licensed motor vehicle
100	dealers, $25 per list.
101	10.11.For each copy of a videotape record, $15 per tape.
102	11.12.For each copy of the Division of Motor Vehicles
103	Procedures Manual, $25.
104	Section 4. Paragraph (a) of subsection (1) and paragraphs
105	(b) and (c) of subsection (2) of section 322.051, Florida
106	Statutes, are amended to read:
107	322.051 Identification cards.--
108	(1) Any person who is 12 years of age or older, or any
109	person who has a disability, regardless of age, who applies for
110	a disabled parking permit under s. 320.0848, may be issued an
111	identification card by the department upon completion of an
112	application and payment of an application fee.
113	(a) Each such application shall include the following
114	information regarding the applicant:
115	1. Full name (first, middle or maiden, and last), gender,
116	social security card number, county of residence and mailing
117	address, country of birth, and a brief description.
118	2. Proof of birth date satisfactory to the department.
119	3. Proof of identity satisfactory to the department. Such
120	proof must include one of the following documents issued to the
121	applicant:
122	a. A driver's license record or identification card record
123	from another jurisdiction that required the applicant to submit
124	a document for identification which is substantially similar to
125	a document required under sub-subparagraph b., sub-subparagraph
126	c., sub-subparagraph d., sub-subparagraph e., orsub-
127	subparagraph f., or sub-subparagraph g.;
128	b. A certified copy of a United States birth certificate;
129	c. A validUnited States passport;
130	d. A naturalization certificate issued by the United
131	States Department of Justice;
132	e.d.An alien registration receipt card (green card);
133	f.e.An employment authorization card issued by the United
134	States Department of Justice; or
135	g.f.Proof of nonimmigrant classification provided by the
136	United States Department of Justice, for an original
137	identification card. In order to prove such nonimmigrant
138	classification, applicants may produce but are not limited to
139	the following documents:
140	(I) A notice of hearing from an immigration court
141	scheduling a hearing on any proceeding.
142	(II) A notice from the Board of Immigration Appeals
143	acknowledging pendency of an appeal.
144	(III) Notice of the approval of an application for
145	adjustment of status issued by the United States Immigration and
146	Naturalization Service.
147	(IV) Any official documentation confirming the filing of a
148	petition for asylum status or any other relief issued by the
149	United States Immigration and Naturalization Service.
150	(V) Notice of action transferring any pending matter from
151	another jurisdiction to Florida, issued by the United States
152	Immigration and Naturalization Service.
153	(VI) Order of an immigration judge or immigration officer
154	granting any relief that authorizes the alien to live and work
155	in the United States including, but not limited to asylum.
156
157	Presentation of any of the foregoing documents shall entitle the
158	applicant to an identification carda driver's license or
159	temporary permitfor a period not to exceed the expiration date
160	of the document presented or 2 years, whichever first occurs.
161	(2)
162	(b) Notwithstanding any other provision of this chapter,
163	if an applicant establishes his or her identity for an
164	identification card using a document authorized under sub-
165	subparagraph (1)(a)3.e.(a)3.d., the identification card shall
166	expire on the fourth birthday of the applicant following the
167	date of original issue or upon first renewal or duplicate issued
168	after implementation of this section. After an initial showing
169	of such documentation, he or she is exempted from having to
170	renew or obtain a duplicate in person.
171	(c) Notwithstanding any other provisions of this chapter,
172	if an applicant establishes his or her identity for an
173	identification card using an identification document authorized
174	under sub-subparagraphs (1)(a)3.f.-g.(a)3.e.-f., the
175	identification card shall expire 4 years after the date of
176	issuance or upon the expiration date cited on the United States
177	Department of Justice documents, whichever date first occurs,
178	and may not be renewed or obtain a duplicate except in person.
179	Section 5. Paragraph (c) of subsection (2) of section
180	322.08, Florida Statutes, is amended to read:
181	322.08 Application for license.--
182	(2) Each such application shall include the following
183	information regarding the applicant:
184	(c) Proof of identity satisfactory to the department. Such
185	proof must include one of the following documents issued to the
186	applicant:
187	1. A driver's license record or identification card record
188	from another jurisdiction that required the applicant to submit
189	a document for identification which is substantially similar to
190	a document required under subparagraph 2., subparagraph 3.,
191	subparagraph 4., subparagraph 5., or subparagraph 6., or
192	subparagraph 7.;
193	2. A certified copy of a United States birth certificate;
194	3. A validUnited States passport;
195	4. A naturalization certificate issued by the United
196	States Department of Justice;
197	5.4.An alien registration receipt card (green card);
198	6.5.An employment authorization card issued by the United
199	States Department of Justice; or
200	7.6.Proof of nonimmigrant classification provided by the
201	United States Department of Justice, for an original driver's
202	license. In order to prove such nonimmigrant classification,
203	applicants may produce, but are not limited to the following
204	documents:
205	a. A notice of hearing from an immigration court
206	scheduling a hearing on any proceeding.
207	b. A notice from the Board of Immigration Appeals
208	acknowledging pendency of an appeal.
209	c. Notice of the approval of an application for adjustment
210	of status issued by the United States Immigration and
211	Naturalization Service.
212	d. Any official documentation confirming the filing of a
213	petition for asylum status or any other relief issued by the
214	United States Immigration and Naturalization Service.
215	e. Notice of action transferring any pending matter from
216	another jurisdiction to Florida issued by the United States
217	Immigration and Naturalization Service.
218	f. Order of an immigration judge or immigration officer
219	granting any relief that authorizes the alien to live and work
220	in the United States, including, but not limited to, asylum.
221
222	Presentation of any of the foregoing documents shall entitle the
223	applicant to a driver’s license or temporary permit for a period
224	not to exceed the expiration date of the document presented or 2
225	years, whichever first occurs.
226	Section 6. Subsection (2) of section 322.12, Florida
227	Statutes, is amended to read:
228	322.12 Examination of applicants.--
229	(2) The department shall examine every applicant for a
230	driver's license, including an applicant who is licensed in
231	another state or country, except as otherwise provided in this
232	chapter. A person who holds a learner's driver's license as
233	provided for in s. 322.1615 is not required to pay a fee for
234	successfully completing the examination showing his or her
235	ability to operate a motor vehicle as provided for herein and
236	need not pay the fee for a replacement license as provided in s.
237	322.17(2). Any person who applies for reinstatement following
238	the suspension or revocation of his or her driver's license
239	shall pay a service fee of $25 following a suspension, and $50
240	following a revocation, which is in addition to the fee for a
241	license. Any person who applies for reinstatement of a
242	commercial driver's license following the disqualification of
243	his or her privilege to operate a commercial motor vehicle shall
244	pay a service fee of $50, which is in addition to the fee for a
245	license. The department shall collect all of these fees at the
246	time of reinstatement. The department shall issue proper
247	receipts for such fees and shall promptly transmit all funds
248	received by it as follows:
249	(a) Of the $25 fee received from a licensee for
250	reinstatement following a suspension, the department shall
251	deposit $15 in the General Revenue Fund and the remaining $10 in
252	the Highway Safety Operating Trust Fund.
253	(b) Of the $50 fee received from a licensee for
254	reinstatement following a revocation or disqualification, the
255	department shall deposit $35 in the General Revenue Fund and the
256	remaining $15 in the Highway Safety Operating Trust Fund.
257
258	If the revocation or suspension of the driver's license was for
259	a violation of s. 316.193, or for refusal to submit to a lawful
260	breath, blood, or urine test, an additional fee of $115$105
261	must be charged. However, only one such $115$105fee is to be
262	collected from one person convicted of such violations arising
263	out of the same incident. The department shall collect the $115
264	$105 fee and deposit $105itinto the Highway Safety Operating
265	Trust Fund and $10 into the Highway Safety Law Enforcement Trust
266	Fundat the time of reinstatement of the person's driver's
267	license, but the fee must not be collected if the suspension or
268	revocation was overturned.
269	Section 7. Subsection (9) is added to section 322.135,
270	Florida Statutes, to read:
271	322.135 Driver's license agents.--
272	(9) Notwithstanding chapter 116, every county officer
273	within this state authorized to collect funds provided for in
274	this chapter shall pay all sums officially received by the
275	officer into the State Treasury no later than 5 working days
276	after the close of the business day in which the officer
277	received the funds. Payment by county officers to the state
278	shall be made by means of electronic funds transfer.
279	Section 8. Subsection (1) of section 322.142, Florida
280	Statutes, is amended to read:
281	322.142 Color photographic or digital imaged licenses and
282	identification cards.--
283	(1) The department shall, upon receipt of the required
284	fee, issue to each qualified applicant for an original driver's
285	license or an identification card issued pursuant to s. 322.051
286	a color photographic or digital imaged driver's license or
287	identification cardbearing a fullface photograph or digital
288	image of the licensee or applicant for identification card. The
289	provisions of chapter 761 and s. 761.05 shall have no
290	application to the requirement for a fullface photograph or
291	digital image of the licensee or applicant for identification
292	card. A space shall be provided upon which the licensee or
293	applicant for identification cardshall affix his or her usual
294	signature, as required in s. 322.14, in the presence of an
295	authorized agent of the department so as to ensure that such
296	signature becomes a part of the license or identification card.
297	Section 9. Subsection (3) of section 322.17, Florida
298	Statutes, is amended to read:
299	322.17 Duplicate and replacement certificates.--
300	(3) Notwithstanding any other provisions of this chapter,
301	if a licensee establishes his or her identity for a driver's
302	license using an identification document authorized under s.
303	322.08(2)(c)6. or 7.322.08(2)(c)5.-6., the licensee may not
304	obtain a duplicate or replacement instruction permit or driver's
305	license except in person and upon submission of an
306	identification document authorized under s. 322.08(2)(c)6. or 7.
307	322.08(2)(c)5.-6.
308	Section 10. Paragraphs (c) and (d) of subsection (2) and
309	paragraphs (b) and (c) of subsection (4) of section 322.18,
310	Florida Statutes, are amended to read:
311	322.18 Original applications, licenses, and renewals;
312	expiration of licenses; delinquent licenses.--
313	(2) Each applicant who is entitled to the issuance of a
314	driver's license, as provided in this section, shall be issued a
315	driver's license, as follows:
316	(c) Notwithstanding any other provision of this chapter,
317	if an applicant establishes his or her identity for a driver's
318	license using a document authorized under s. 322.08(2)(c)5.
319	322.08(2)(c)4., the driver's license shall expire in accordance
320	with paragraph (b). After an initial showing of such
321	documentation, he or she is exempted from having to renew or
322	obtain a duplicate in person.
323	(d) Notwithstanding any other provision of this chapter,
324	if applicant establishes his or her identity for a driver's
325	license using a document authorized in s. 322.08(2)(c)6. or 7.
326	322.08(2)(c)5. or 6., the driver's license shall expire 4 years
327	after the date of issuance or upon the expiration date cited on
328	the United States Department of Justice documents, whichever
329	date first occurs.
330	(4)
331	(b) Notwithstanding any other provision of this chapter,
332	if an applicant establishes his or her identity for a driver's
333	license using a document authorized under s. 322.08(2)(c)5.
334	322.08(2)(c)4., the license, upon an initial showing of such
335	documentation, is exempted from having to renew or obtain a
336	duplicate in person, unless the renewal or duplication coincides
337	with the periodic reexamination of a driver as required pursuant
338	to s. 322.121.
339	(c) Notwithstanding any other provision of this chapter,
340	if a licensee establishes his or her identity for a driver's
341	license using an identification document authorized under s.
342	322.08(2)(c)6. or 7.322.08(2)(c)5. or 6., the licensee may not
343	renew the driver's license except in person and upon submission
344	of an identification document authorized under s.
345	322.08(2)(c)5.-7.322.08(2)(c)4.-6.A driver's license renewed
346	under this paragraph expires 4 years after the date of issuance
347	or upon the expiration date cited on the United States
348	Department of Justice documents, whichever date first occurs.
349	Section 11. Subsection (4) of section 322.19, Florida
350	Statutes, is amended to read:
351	322.19 Change of address or name.--
352	(4) Notwithstanding any other provision of this chapter,
353	if a licensee established his or her identity for a driver's
354	license using an identification document authorized under s.
355	322.08(2)(c)6. or 7.322.08(2)(c)5.-6., the licensee may not
356	change his or her name or address except in person and upon
357	submission of an identification document authorized under s.
358	322.08(2)(c)5.-7.322.08(2)(c)4.-6.
359	Section 12. Paragraph (a) of subsection (11) of section
360	322.20, Florida Statutes, is amended to read:
361	322.20 Records of the department; fees; destruction of
362	records.--
363	(11)(a) The department is authorized to charge the
364	following fees for the following services and documents:
365	1. For providing a transcript of any one individual's
366	driver history record or any portion thereof for the past 3
367	years or for searching for such record when no record is found
368	to be on file
369	$2.10
370	2. For providing a transcript of any one individual's
371	driver history record or any portion thereof for the past 7
372	years or for searching for such record when no record is found
373	to be on file
374	$3.10
375	3. For providing a certified copy of a transcript of the
376	driver history record or any portion thereof for any one
377	individual $3.10
378	4. For providing a certified photographic copy of a
379	document, per page $1.00
380	5. For providing an exemplified record $15.00
381	6. For providing photocopies of documents, papers,
382	letters, clearances, or license or insurance status reports, per
383	page
384	$0.50
385	7. For assisting persons in searching any one individual's
386	driver record at a terminal located at the department's general
387	headquarters in Tallahassee $2.00
388	8. For providing electronic access to driver’s license
389	status report by name, sex, and date of birth or by driver's
390	license number, 50 cents per item, except that information
391	provided via the department’s Internet website shall be free of
392	charge.
393	Section 13. Subsections (4), (5), and (6) of section
394	322.53, Florida Statutes, are amended to read:
395	322.53 License required; exemptions.--
396	(2) The following persons are exempt from the requirement
397	to obtain a commercial driver's license:
398	(a) Drivers of authorized emergency vehicles.
399	(b) Military personnel driving military vehicles.
400	(c) Farmers transporting farm supplies or farm machinery
401	within 150 miles of their farm, or transporting agricultural
402	products to or from the first place of storage or processing or
403	directly to or from market, within 150 miles of their farm.
404	(d) Drivers of recreational vehicles, as defined in s.
405	320.01.
406	(e) Drivers who operate straight trucks, as defined in s.
407	316.003, that are exclusively transporting their own tangible
408	personal property which is not for sale.
409	(f) An employee of a publicly owned transit system who is
410	limited to moving vehicles for maintenance or parking purposes
411	exclusively within the restricted-access confines of a transit
412	system's property.
413	(4) A resident who is exempt from obtaining a commercial
414	driver's license pursuant to paragraph (2)(a) or paragraph
415	(2)(c) and who drives a commercial motor vehicle must obtain a
416	Class D driver's license endorsed to authorize the operation of
417	the particular type of vehicle for which his or her exemption is
418	granted.
419	(4)(5)A resident who is exempt from obtaining a
420	commercial driver's license pursuant to paragraph (2)(b),
421	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
422	drive a commercial motor vehicle pursuant to the exemption
423	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
424	or paragraph (2)(f) if he or she possesses a valid Class D or
425	Class E driver's license or a military license.
426	(5)(6)The department shall adopt rules and enter into
427	necessary agreements with other jurisdictions to provide for the
428	operation of commercial vehicles by nonresidents pursuant to the
429	exemption granted in subsection (2).
430	Section 14. This act shall take effect July 1, 2003.