HB 7079

1	A bill to be entitled
2	An act relating to highway safety and motor vehicles;
3	amending s. 207.008, F.S.; revising requirements for motor
4	carriers to retain certain records as required by the
5	Department of Highway Safety and Motor Vehicles for tax
6	purposes; amending s. 207.021, F.S.; authorizing the
7	department to adopt rules establishing informal
8	conferences to resolve disputes with motor carriers
9	arising from the assessment of taxes, penalties, or
10	interest or the denial of refunds; specifying certain
11	rights of the motor carrier; providing for closing
12	agreements to settle or compromise the taxpayer's
13	liability; providing conditions for settlement or
14	compromise; authorizing installment payment to settle
15	liability; amending s. 316.003, F.S.; revising the
16	definitions of "motor vehicle," "motorcycle," and
17	"motorized scooter"; defining "miniature motorcycle" and
18	"full mount"; revising the definition of "saddle mount" to
19	provide for a full mount; amending s. 316.211, F.S.;
20	requiring motorcycles registered to certain persons to
21	display a license plate that is unique in design and
22	color; providing penalties; creating s. 316.2123, F.S.;
23	providing for all-terrain vehicle operation under certain
24	conditions; requiring the operator to provide proof of
25	ownership to a law enforcement officer; creating s.
26	316.2128, F.S.; prohibiting use of motorized scooters and
27	miniature motorcycles on public roads and sidewalks;
28	requiring the operator to possess proof of ownership;
29	prohibiting causing or allowing a child or ward to operate
30	a motorized scooter or miniature motorcycle on public
31	roads or sidewalks or without proof of ownership;
32	providing penalties; providing requirements for commercial
33	sale of motorized scooters and miniature motorcycles;
34	providing that a violation of the commercial sales
35	requirements is an unfair and deceptive trade practice;
36	amending s. 316.221, F.S.; providing an exemption from
37	certain taillamp requirements for dump trucks and vehicles
38	with dump bodies; amending s. 316.302, F.S.; updating
39	reference to federal commercial motor vehicle regulations;
40	revising hours-of-service requirements for certain
41	intrastate motor carriers; revising conditions for an
42	exemption from commercial driver license requirements;
43	revising weight requirements for application of certain
44	exceptions to specified federal regulations and to
45	operation of certain commercial motor vehicles by persons
46	of a certain age; amending s. 316.515, F.S.; authorizing
47	certain uses of forestry equipment; providing width and
48	speed limitations; requiring such vehicles to be operated
49	in accordance with specified safety requirements; revising
50	length and mount requirements for automobile towaway and
51	driveaway operations; authorizing saddle mount
52	combinations to include one full mount; amending s.
53	318.1215, F.S.; increasing the amount of a local option
54	surcharge on traffic penalties; amending s. 318.14, F.S.;
55	providing exceptions to procedures for certain speed limit
56	violations; removing the option for certain offenders to
57	attend driver improvement school; amending s. 318.18,
58	F.S.; providing increased penalties for certain speed
59	limit violations and violations of vehicle load
60	requirements; defining "conviction" for specified
61	purposes; amending s. 318.19, F.S.; requiring mandatory
62	hearings for certain speed limit violations; amending s.
63	319.14, F.S.; revising definition of "police vehicle" for
64	purpose of resale or exchange; amending s. 320.02, F.S.;
65	requiring proof of required endorsement on a driver
66	license as a condition for original registration of a
67	motorcycle, motor-driven cycle, or moped; amending s.
68	320.0706, F.S.; revising license display requirements for
69	dump trucks; amending s. 320.089, F.S.; providing for
70	Operation Iraqi Freedom and Operation Enduring Freedom
71	license plates for qualified military personnel; amending
72	s. 320.27, F.S.; revising motor vehicle dealer licensing
73	requirements; revising the definition of "motor vehicle"
74	to provide an exception for certain low-speed vehicles;
75	revising conditions for license renewal for certain
76	independent dealers; removing certain training provisions;
77	correcting terminology; correcting a cross-reference;
78	amending s. 320.405, F.S.; authorizing the department to
79	enter into certain agreements to schedule payments to
80	settle certain liabilities under the International
81	Registration Plan; amending s. 322.01, F.S.; revising the
82	definition of "driver's license"; defining "identification
83	card," "temporary driver's license," and "temporary
84	identification card"; amending s. 322.051, F.S.; revising
85	the age requirement for issuance of an identification
86	card; revising criteria for proof of the identity and
87	status of an applicant for an identification card;
88	revising the period of issuance for certain temporary
89	identification cards; amending s. 322.08, F.S.; revising
90	criteria for proof of the identity and status of an
91	applicant for a driver license; revising the period of
92	issuance for certain temporary driver licenses or permits;
93	amending s. 322.12, F.S.; requiring all first-time
94	applicants for licensure to operate a motorcycle to
95	provide proof of completion of a motorcycle safety course;
96	amending s. 322.121, F.S.; revising periodic license
97	examination requirements; providing for such testing of
98	applicants for renewal of a license under provisions
99	requiring an endorsement permitting the applicant to
100	operate a tank vehicle transporting hazardous materials;
101	amending s. 322.142, F.S.; providing authority for driver
102	license digital images and signatures to be reproduced and
103	provided to supervisors of elections for certain purposes;
104	amending s. 322.2615, F.S.; revising provisions for
105	suspension of driver licenses and review of suspension by
106	the department; revising criteria for notice of the
107	suspension; providing that certain materials shall be
108	considered self-authenticating and available to a hearing
109	officer; revising authority of the hearing officer to
110	subpoena and question witnesses; removing provision for
111	the department and the person arrested to subpoena
112	witnesses; providing for appeal by a law enforcement
113	agency of a department decision invalidating a suspension;
114	providing that the court review may not be used in a trial
115	for driving under the influence; amending s. 322.27, F.S.;
116	providing for an increase in driver license points
117	assessed for certain speed limit violations and for
118	traffic control signal device violations resulting in a
119	crash; defining "conviction" for specified purposes;
120	providing effective dates.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1.  Section 207.008, Florida Statutes, is amended
125	to read:
126	207.008  Retention of records by motor carrier.--Each
127	registered motor carrier shall maintain and keep pertinent
128	records and papers as may be required by the department for the
129	reasonable administration of this chapter and shall preserve the
130	records upon which each quarterly tax return is based for 4
131	years after the due date or filing date of the return, whichever
132	is later such records as long as required by s. 213.35.
133	Section 2.  Section 207.021, Florida Statutes, is amended
134	to read:
135	207.021  Informal conferences; settlement or compromise of
136	taxes, penalties, or interest.--The department may settle or
137	compromise, pursuant to s. 213.21, penalties or interest imposed
138	under this chapter.
139	(1)(a)  The department may adopt rules pursuant to ss.
140	120.536(1) and 120.54 for establishing informal conferences to
141	resolve disputes arising from the assessment of taxes,
142	penalties, or interest or the denial of refunds.
143	(b)  During any proceeding arising under this section, the
144	motor carrier has the right to be represented at and record all
145	proceedings at the motor carrier's expense.
146	(2)(a)  The executive director of the department or his or
147	her designee is authorized to enter into closing agreements with
148	any taxpayer settling or compromising the taxpayer's liability
149	for any tax, interest, or penalty assessed under this chapter.
150	The agreement shall be in writing and must be in the form of a
151	closing agreement approved by the department and signed by the
152	executive director or his or her designee. The agreement shall
153	be final and conclusive except upon a showing of material fraud
154	or misrepresentation of material fact. No additional assessment
155	may be made by the department against the taxpayer for the tax,
156	interest, or penalty specified in the closing agreement for the
157	time specified in the closing agreement, and the taxpayer shall
158	not be entitled to institute any judicial or administrative
159	proceeding to recover any tax, interest, or penalty paid
160	pursuant to the closing agreement. The executive director or his
161	or her designee is authorized to approve any such closing
162	agreement.
163	(b)  Notwithstanding the provisions of paragraph (a), for
164	the purpose of settling and compromising the liability of any
165	taxpayer for tax or interest on the grounds of doubt as to
166	liability based on the taxpayer's reasonable reliance on a
167	written determination issued by the department, the department
168	may compromise the amount of such tax or interest resulting from
169	such reasonable reliance.
170	(3)  A taxpayer's liability for any tax or interest
171	specified in this chapter may be compromised by the department
172	upon the grounds of doubt as to liability for or the ability to
173	collect such tax or interest. Doubt as to the liability of a
174	taxpayer for tax and interest exists if the taxpayer
175	demonstrates that he or she reasonably relied on a written
176	determination of the department.
177	(4)  A taxpayer's liability for any tax or interest under
178	this chapter shall be settled or compromised in whole or in part
179	whenever or to the extent allowable under the International Fuel
180	Tax Agreement Articles of Agreement.
181	(5)  A taxpayer's liability for penalties under this
182	chapter may be settled or compromised if it is determined by the
183	department that the noncompliance is due to reasonable cause and
184	not to willful negligence, willful neglect, or fraud.
185	(6)  The department is authorized to enter into agreements
186	for scheduling payments of taxes, penalties, and interest due to
187	the department as a result of audit assessments issued under
188	this chapter.
189	Section 3.  Subsections (21), (22), (43), and (82) of
190	section 316.003, Florida Statutes, are amended, and subsection
191	(86) is added to that section, to read:
192	316.003  Definitions.--The following words and phrases,
193	when used in this chapter, shall have the meanings respectively
194	ascribed to them in this section, except where the context
195	otherwise requires:
196	(21)  MOTOR VEHICLE.--Any self-propelled vehicle not
197	operated upon rails or guideway, but not including any bicycle,
198	motorized scooter, electric personal assistive mobility device,
199	or moped.
200	(22)  MOTORCYCLE.--Any motor vehicle having a seat or
201	saddle for the use of the rider and designed to travel on not
202	more than three wheels in contact with the ground, but excluding
203	a tractor, a miniature motorcycle, or a moped.
204	(43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby the
205	front wheels of one vehicle rest in a secured position upon
206	another vehicle. All of the wheels of the towing vehicle are
207	upon the ground and only the rear wheels of the towed vehicle
208	rest upon the ground. Such combinations may include one full
209	mount, whereby a smaller transport vehicle is placed completely
210	on the last towed vehicle.
211	(82)  MOTORIZED SCOOTER.--Any vehicle not having a seat or
212	saddle for the use of the rider, designed to travel on not more
213	than three wheels, and not capable of propelling the vehicle at
214	a speed greater than 30 miles per hour on level ground and that,
215	because of its small size, its design or lack of required safety
216	equipment, or other noncompliance with federal regulations, is
217	not eligible for a manufacturer's certificate of origin and for
218	registration pursuant to chapter 320.
219	(86)  MINIATURE MOTORCYCLE.--Any vehicle having a seat or
220	saddle for the use of the rider and designed to travel on not
221	more than three wheels in contact with the ground and that,
222	because of its small size, its design or lack of required safety
223	equipment, or other noncompliance with federal regulations, is
224	not eligible for a manufacturer's certificate of origin and for
225	registration as a motorcycle pursuant to chapter 320. The term
226	does not include off-highway vehicles as defined in chapter 317.
227	Section 4.  Effective January 1, 2007, subsection (6) of
228	section 316.211, Florida Statutes, is renumbered as subsection
229	(7), and a new subsection (6) is added to that section, to read:
230	316.211  Equipment for motorcycle and moped riders.--
231	(6)  Motorcycles registered to persons who have not
232	attained 21 years of age shall display a license plate that is
233	unique in design and color.
234	(7)(6)  A violation of this section is a noncriminal
235	traffic infraction, punishable as a nonmoving violation as
236	provided in chapter 318.
237	Section 5.  Section 316.2123, Florida Statutes, is created
238	to read:
239	316.2123  Operation of an ATV on certain roadways.--The
240	operation of an ATV as defined in s. 317.0003 upon the public
241	roads or streets of this state is prohibited, except that an ATV
242	may be operated during the daytime on an unpaved roadway where
243	the posted speed limit is less than 35 miles per hour by a
244	licensed driver or by a minor under the supervision of a
245	licensed driver. The operator must provide proof of ownership
246	pursuant to chapter 317 upon request by a law enforcement
247	officer.
248	Section 6.  Section 316.2128, Florida Statutes, is created
249	to read:
250	316.2128  Operation of motorized scooters and miniature
251	motorcycles; requirements for sales.--
252	(1)  The operation of motorized scooters and miniature
253	motorcycles, as defined in s. 316.003, on the public roads or
254	streets of this state or on the sidewalks of this state is
255	prohibited, and such vehicles may not be registered pursuant to
256	chapter 320. Except when operating the vehicle on the operator's
257	own private property, the operator of such a vehicle must keep
258	proof of ownership in the form of a receipt, sales invoice, bill
259	of sale, or other written documentation in his or her possession
260	at all times.
261	(2)(a)  No person shall cause or knowingly permit his or
262	her child or ward who has not attained 16 years of age to drive
263	a motorized scooter or miniature motorcycle in violation of
264	subsection (1).
265	(b)  No person shall cause or knowingly permit his or her
266	child or ward who is between 16 to 18 years of age and who is
267	not a licensed driver to drive a motorized scooter or miniature
268	motorcycle in violation of subsection (1).
269	(3)  A violation of subsection (1) or subsection (2) is a
270	noncriminal traffic infraction, punishable as a moving violation
271	as provided in chapter 318. A minor in violation of any
272	provision of this section is also subject to the additional
273	sanctions of s. 318.143.
274	(4)  A person who engages in the business of, serves in the
275	capacity of, or acts as a commercial seller of motorized
276	scooters or miniature motorcycles in this state must comply with
277	this subsection. Each such person shall prominently display at
278	his or her place of business a notice that such vehicles are not
279	legal to operate on public roads or sidewalks and may not be
280	registered as motor vehicles. The required notice must also
281	appear in all forms of advertising offering motorized scooters
282	or miniature motorcycles for sale. The notice and a copy of this
283	section must also be provided to a consumer prior to the
284	consumer's purchasing or becoming obligated to purchase a
285	motorized scooter or a miniature motorcycle. Any person selling
286	or offering a motorized scooter or a miniature motorcycle for
287	sale in violation of this subsection commits an unfair and
288	deceptive trade practice as defined in part II of chapter 501.
289	Section 7.  Subsection (2) of section 316.221, Florida
290	Statutes, is amended to read:
291	316.221  Taillamps.--
292	(2)  Either a taillamp or a separate lamp shall be so
293	constructed and placed as to illuminate with a white light the
294	rear registration plate and render it clearly legible from a
295	distance of 50 feet to the rear. Any taillamp or taillamps,
296	together with any separate lamp or lamps for illuminating the
297	rear registration plate, shall be so wired as to be lighted
298	whenever the headlamps or auxiliary driving lamps are lighted.
299	Dump trucks and vehicles with dump bodies are exempt from the
300	requirements of this subsection.
301	Section 8.  Paragraph (b) of subsection (1), paragraphs
302	(b), (c), (d), (f), and (i) of subsection (2), and subsection
303	(3) of section 316.302, Florida Statutes, are amended to read:
304	316.302  Commercial motor vehicles; safety regulations;
305	transporters and shippers of hazardous materials; enforcement.--
306	(1)
307	(b)  Except as otherwise provided in this section, all
308	owners or drivers of commercial motor vehicles that are engaged
309	in intrastate commerce are subject to the rules and regulations
310	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
311	exception of 49 C.F.R. s. 390.5 as it relates to the definition
312	of bus, as such rules and regulations existed on October 1, 2005
313	2004.
314	(2)
315	(b)  Except as provided in 49 C.F.R. s. 395.1(k), a person
316	who operates a commercial motor vehicle solely in intrastate
317	commerce not transporting any hazardous material in amounts that
318	require placarding pursuant to 49 C.F.R. part 172 may not drive:
319	1.  More than 12 hours following 10 consecutive hours off
320	duty; or
321	2.  For any period after the end of the 16th hour after
322	coming on duty following 10 consecutive hours off duty is exempt
323	from 49 C.F.R. s. 395.3(a) and (b) and may, after 8 hours' rest,
324	and following the required initial motor vehicle inspection, be
325	permitted to drive any part of the first 15 on-duty hours in any
326	24-hour period, but may not be permitted to operate a commercial
327	motor vehicle after that until the requirement of another 8
328	hours' rest has been fulfilled.
329
330	The provisions of this paragraph do not apply to drivers of
331	utility service vehicles as defined in 49 C.F.R. s. 395.2 public
332	utility vehicles or authorized emergency vehicles during periods
333	of severe weather or other emergencies.
334	(c)  Except as provided in 49 C.F.R. s. 395.1(k), a person
335	who operates a commercial motor vehicle solely in intrastate
336	commerce not transporting any hazardous material in amounts that
337	require placarding pursuant to 49 C.F.R. part 172 may not drive
338	after having been on duty more than 70 hours in any period of 7
339	consecutive days or more than 80 hours in any period of 8
340	consecutive days if the motor carrier operates every day of the
341	week. Twenty-four be on duty more than 72 hours in any period of
342	7 consecutive days, but carriers operating every day in a week
343	may permit drivers to remain on duty for a total of not more
344	than 84 hours in any period of 8 consecutive days; however, 24
345	consecutive hours off duty shall constitute the end of any such
346	period of 7 or 8 consecutive days. This weekly limit does not
347	apply to a person who operates a commercial motor vehicle solely
348	within this state while transporting, during harvest periods,
349	any unprocessed agricultural products or unprocessed food or
350	fiber that is are subject to seasonal harvesting from place of
351	harvest to the first place of processing or storage or from
352	place of harvest directly to market or while transporting
353	livestock, livestock feed, or farm supplies directly related to
354	growing or harvesting agricultural products. Upon request of the
355	Department of Transportation, motor carriers shall furnish time
356	records or other written verification to that department so that
357	the Department of Transportation can determine compliance with
358	this subsection. These time records must be furnished to the
359	Department of Transportation within 10 days after receipt of
360	that department's request. Falsification of such information is
361	subject to a civil penalty not to exceed $100. The provisions of
362	this paragraph do not apply to drivers of public utility service
363	vehicles as defined in 49 C.F.R. s. 395.2 or authorized
364	emergency vehicles during periods of severe weather or other
365	emergencies.
366	(d)  A person who operates a commercial motor vehicle
367	solely in intrastate commerce not transporting any hazardous
368	material in amounts that require placarding pursuant to 49
369	C.F.R. part 172 within a 150 200 air-mile radius of the location
370	where the vehicle is based need not comply with 49 C.F.R. s.
371	395.8, except that time records shall be maintained as
372	prescribed in 49 C.F.R. s. 395.1(e)(5).
373	(f)  A person who operates a commercial motor vehicle
374	having a declared gross vehicle weight of less than 26,001
375	26,000 pounds solely in intrastate commerce and who is not
376	transporting hazardous materials in amounts that require
377	placarding pursuant to 49 C.F.R. part 172, or who is
378	transporting petroleum products as defined in s. 376.301, is
379	exempt from subsection (1). However, such person must comply
380	with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
381	396.3(a)(1) and 396.9.
382	(i)  A person who was a regularly employed driver of a
383	commercial motor vehicle on July 4, 1987, and whose driving
384	record shows no traffic convictions, pursuant to s. 322.61,
385	during the 2-year period immediately preceding the application
386	for the commercial driver's license, and who is otherwise
387	qualified as a driver under 49 C.F.R. part 391, and who operates
388	a commercial vehicle in intrastate commerce only, shall be
389	exempt from the requirements of 49 C.F.R. part 391, subpart E,
390	s. 391.41(b)(10). However, such operators are still subject to
391	the requirements of ss. 322.12 and 322.121. As proof of
392	eligibility, such driver shall have in his or her possession a
393	physical examination form dated within the past 24 months.
394	(3)  A person who has not attained under the age of 18
395	years of age may not operate a commercial motor vehicle, except
396	that a person who has not attained under the age of 18 years of
397	age may operate a commercial motor vehicle which has a gross
398	vehicle weight of less than 26,001 26,000 pounds while
399	transporting agricultural products, including horticultural or
400	forestry products, from farm or harvest place to storage or
401	market.
402	Section 9.  Subsections (5) and (10) of section 316.515,
403	Florida Statutes, are amended to read:
404	316.515  Maximum width, height, length.--
405	(5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
406	FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.--
407	(a)  Notwithstanding any other provisions of law, straight
408	trucks, agricultural tractors, and cotton module movers, not
409	exceeding 50 feet in length, or any combination of up to and
410	including three implements of husbandry including the towing
411	power unit, and any single agricultural trailer with a load
412	thereon or any agricultural implements attached to a towing
413	power unit not exceeding 130 inches in width, or a self-
414	propelled agricultural implement or an agricultural tractor not
415	exceeding 130 inches in width, is authorized for the purpose of
416	transporting peanuts, grains, soybeans, cotton, hay, straw, or
417	other perishable farm products from their point of production to
418	the first point of change of custody or of long-term storage,
419	and for the purpose of returning to such point of production, or
420	for the purpose of moving such tractors, movers, and implements
421	from one point of agricultural production to another, by a
422	person engaged in the production of any such product or custom
423	hauler, if such vehicle or combination of vehicles otherwise
424	complies with this section. Such vehicles shall be operated in
425	accordance with all safety requirements prescribed by law and
426	Department of Transportation rules. The Department of
427	Transportation may issue overlength permits for cotton module
428	movers greater than 50 feet but not more than 55 feet in overall
429	length.
430	(b)  Notwithstanding any other provisions of law, equipment
431	not exceeding 136 inches in width and not capable of speeds
432	exceeding 20 miles per hour that is used exclusively for the
433	purpose of harvesting forestry products is authorized for the
434	purpose of transporting the equipment from one point of harvest
435	to another point of harvest, not to exceed 10 miles, by a person
436	engaged in the harvesting of forestry products. Such vehicles
437	shall be operated in accordance with all safety requirements
438	prescribed by s. 316.2295(5) and (6).
439	(10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An
440	automobile towaway or driveaway operation transporting new or
441	used trucks may use what is known to the trade as "saddle
442	mounts," if the overall length does not exceed 97 75 feet and no
443	more than three saddle mounts are towed. Such combinations may
444	include one full mount. Saddle mount combinations must also
445	comply with the applicable safety regulations in 49 C.F.R. s.
446	393.71.
447	Section 10.  Section 318.1215, Florida Statutes, is amended
448	to read:
449	318.1215  Dori Slosberg Driver Education Safety
450	Act.--Effective October 1, 2002, Notwithstanding the provisions
451	of s. 318.121, a board of county commissioners may require, by
452	ordinance, that the clerk of the court collect an additional $5
453	$3 with each civil traffic penalty, which shall be used to fund
454	driver education programs in public and nonpublic schools. The
455	ordinance shall provide for the board of county commissioners to
456	administer the funds, which shall be used for enhancement, and
457	not replacement, of driver education program funds. The funds
458	shall be used for direct educational expenses and shall not be
459	used for administration. Each driver education program receiving
460	funds pursuant to this section shall require that a minimum of
461	30 percent of a student's time in the program be behind-the-
462	wheel training. This section may be cited as the "Dori Slosberg
463	Driver Education Safety Act."
464	Section 11.  Subsection (9) of section 318.14, Florida
465	Statutes, is amended to read:
466	318.14  Noncriminal traffic infractions; exception;
467	procedures.--
468	(9)  Any person who does not hold a commercial driver's
469	license and who is cited for an infraction under this section
470	other than a violation of s. 316.183(2), s. 316.187, or s.
471	316.189, when the driver exceeds the posted limit by 30 miles
472	per hour or more, or s. 320.0605, s. 320.07(3)(a) or (b), s.
473	322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a
474	court appearance, elect to attend in the location of his or her
475	choice within this state a basic driver improvement course
476	approved by the Department of Highway Safety and Motor Vehicles.
477	In such a case, adjudication must be withheld; points, as
478	provided by s. 322.27, may not be assessed; and the civil
479	penalty that is imposed by s. 318.18(3) must be reduced by 18
480	percent; however, a person may not make an election under this
481	subsection if the person has made an election under this
482	subsection in the preceding 12 months. A person may make no more
483	than five elections under this subsection. The requirement for
484	community service under s. 318.18(8) is not waived by a plea of
485	nolo contendere or by the withholding of adjudication of guilt
486	by a court.
487	Section 12.  Paragraph (g) is added to subsection (3) of
488	section 318.18, Florida Statutes, and subsection (12) of that
489	section is amended, to read:
490	318.18  Amount of civil penalties.--The penalties required
491	for a noncriminal disposition pursuant to s. 318.14 are as
492	follows:
493	(3)
494	(g)  A person cited for a second or subsequent violation of
495	exceeding the speed limit by 30 miles per hour and above within
496	a 12-month period shall pay a fine double the amount listed in
497	paragraph (b). For purposes of this paragraph, the term
498	"conviction" means a finding of guilt, with or without
499	adjudication of guilt, as a result of a jury verdict, nonjury
500	trial, or entry of a plea of guilty or nolo contendere,
501	notwithstanding s. 318.14(11).
502	(12)  Two One hundred dollars for a violation of s.
503	316.520(1) or (2). If, at a hearing, the alleged offender is
504	found to have committed this offense, the court shall impose a
505	minimum civil penalty of $200 $100. For a second or subsequent
506	adjudication within a period of 5 years, the department shall
507	suspend the driver's license of the person for not less than 1
508	year 180 days and not more than 2 years 1 year.
509	Section 13.  Section 318.19, Florida Statutes, is amended
510	to read:
511	318.19  Infractions requiring a mandatory hearing.--Any
512	person cited for the infractions listed in this section shall
513	not have the provisions of s. 318.14(2), (4), and (9) available
514	to him or her but must appear before the designated official at
515	the time and location of the scheduled hearing:
516	(1)  Any infraction which results in a crash that causes
517	the death of another;
518	(2)  Any infraction which results in a crash that causes
519	"serious bodily injury" of another as defined in s. 316.1933(1);
520	(3)  Any infraction of s. 316.172(1)(b); or
521	(4)  Any infraction of s. 316.520(1) or (2); or
522	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
523	316.189 of exceeding the speed limit by 30 miles per hour or
524	more.
525	Section 14.  Paragraph (c) of subsection (1) of section
526	319.14, Florida Statutes, is amended to read:
527	319.14  Sale of motor vehicles registered or used as
528	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
529	and nonconforming vehicles.--
530	(1)
531	(c)  As used in this section:
532	1.  "Police vehicle" means a motor vehicle owned or leased
533	by the state or a county or municipality, marked and outfitted
534	as a pursuit vehicle, and used in law enforcement.
535	2.a.  "Short-term-lease vehicle" means a motor vehicle
536	leased without a driver and under a written agreement to one or
537	more persons from time to time for a period of less than 12
538	months.
539	b.  "Long-term-lease vehicle" means a motor vehicle leased
540	without a driver and under a written agreement to one person for
541	a period of 12 months or longer.
542	c.  "Lease vehicle" includes both short-term-lease vehicles
543	and long-term-lease vehicles.
544	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
545	built from salvage or junk, as defined in s. 319.30(1).
546	4.  "Assembled from parts" means a motor vehicle or mobile
547	home assembled from parts or combined from parts of motor
548	vehicles or mobile homes, new or used. "Assembled from parts"
549	does not mean a motor vehicle defined as a "rebuilt vehicle" in
550	subparagraph 3., which has been declared a total loss pursuant
551	to s. 319.30.
552	5.  "Kit car" means a motor vehicle assembled with a kit
553	supplied by a manufacturer to rebuild a wrecked or outdated
554	motor vehicle with a new body kit.
555	6.  "Glider kit" means a vehicle assembled with a kit
556	supplied by a manufacturer to rebuild a wrecked or outdated
557	truck or truck tractor.
558	7.  "Replica" means a complete new motor vehicle
559	manufactured to look like an old vehicle.
560	8.  "Flood vehicle" means a motor vehicle or mobile home
561	that has been declared to be a total loss pursuant to s.
562	319.30(3)(a) resulting from damage caused by water.
563	9.  "Nonconforming vehicle" means a motor vehicle which has
564	been purchased by a manufacturer pursuant to a settlement,
565	determination, or decision under chapter 681.
566	10.  "Settlement" means an agreement entered into between a
567	manufacturer and a consumer that occurs after a dispute is
568	submitted to a program, or an informal dispute settlement
569	procedure established by a manufacturer or is approved for
570	arbitration before the New Motor Vehicle Arbitration Board as
571	defined in s. 681.102.
572	Section 15.  Effective January 1, 2007, subsection (1) of
573	section 320.02, Florida Statutes, is amended to read:
574	320.02  Registration required; application for
575	registration; forms.--
576	(1)  Except as otherwise provided in this chapter, every
577	owner or person in charge of a motor vehicle which is operated
578	or driven on the roads of this state shall register the vehicle
579	in this state. The owner or person in charge shall apply to the
580	department or to its authorized agent for registration of each
581	such vehicle on a form prescribed by the department. Prior to an
582	original registration of any motorcycle, motor-driven cycle, or
583	moped, the owner shall present proof that he or she has obtained
584	the necessary endorsement as required in s. 322.57. No
585	registration is required for any motor vehicle which is not
586	operated on the roads of this state during the registration
587	period.
588	Section 16.  Section 320.0706, Florida Statutes, is amended
589	to read:
590	320.0706  Display of license plates on trucks.--The owner
591	of any commercial truck of gross vehicle weight of 26,001 pounds
592	or more shall display the registration license plate on both the
593	front and rear of the truck in conformance with all the
594	requirements of s. 316.605 that do not conflict with this
595	section. To allow for better visibility, the owner of a dump
596	truck may place the rear license plate on the gate so that the
597	distance from the ground to the top of the license plate is no
598	more than 60 inches. However, the owner of a truck tractor shall
599	be required to display the registration license plate only on
600	the front of such vehicle.
601	Section 17.  Subsection (4) is added to section 320.089,
602	Florida Statutes, to read:
603	320.089  Members of National Guard and active United States
604	Armed Forces reservists; former prisoners of war; survivors of
605	Pearl Harbor; Purple Heart medal recipients; Operation Iraqi
606	Freedom and Operation Enduring Freedom veterans; special license
607	plates; fee.--
608	(4)  Each owner or lessee of an automobile or truck for
609	private use, truck weighing not more than 7,999 pounds, or
610	recreational vehicle as specified in s. 320.08(9)(c) or (d),
611	which automobile, truck, or recreational vehicle is not used for
612	hire or commercial use, who is a resident of the state and a
613	current or former member of the United States military who was
614	deployed and served in Iraq during Operation Iraqi Freedom or in
615	Afghanistan during Operation Enduring Freedom shall, upon
616	application to the department, accompanied by proof of active
617	membership or former active duty status during one of these
618	operations, and upon payment of the license tax for the vehicle
619	as provided in s. 320.08, be issued a license plate as provided
620	by s. 320.06 upon which, in lieu of the registration license
621	number prescribed by s. 320.06, shall be stamped the words
622	"Operation Iraqi Freedom" or "Operation Enduring Freedom," as
623	appropriate, followed by the registration license number of the
624	plate.
625	Section 18.  Paragraph (b) of subsection (1), paragraph (a)
626	of subsection (4), and paragraph (b) of subsection (9) of
627	section 320.27, Florida Statutes, are amended to read:
628	320.27  Motor vehicle dealers.--
629	(1)  DEFINITIONS.--The following words, terms, and phrases
630	when used in this section have the meanings respectively
631	ascribed to them in this subsection, except where the context
632	clearly indicates a different meaning:
633	(b)  "Motor vehicle" means any motor vehicle of the type
634	and kind required to be registered and titled under chapter 319
635	and this chapter, except a recreational vehicle, moped,
636	motorcycle powered by a motor with a displacement of 50 cubic
637	centimeters or less, low-speed vehicle as defined in s. 320.01,
638	or mobile home.
639	(4)  LICENSE CERTIFICATE.--
640	(a)  A license certificate shall be issued by the
641	department in accordance with such application when the
642	application is regular in form and in compliance with the
643	provisions of this section. The license certificate may be in
644	the form of a document or a computerized card as determined by
645	the department. The actual cost of each original, additional, or
646	replacement computerized card shall be borne by the licensee and
647	is in addition to the fee for licensure. Such license, when so
648	issued, entitles the licensee to carry on and conduct the
649	business of a motor vehicle dealer. Each license issued to a
650	franchise motor vehicle dealer expires annually on December 31
651	unless revoked or suspended prior to that date. Each license
652	issued to an independent or wholesale dealer or auction expires
653	annually on April 30 unless revoked or suspended prior to that
654	date. Not less than 60 days prior to the license expiration
655	date, the department shall deliver or mail to each licensee the
656	necessary renewal forms. Each independent dealer who has been in
657	business for less than 5 years shall certify that the dealer
658	principal (owner, partner, officer of the corporation, or
659	director) has completed 8 hours of continuing education prior to
660	filing the renewal forms with the department. Such certification
661	shall be filed once every 2 years commencing with the 2006
662	renewal period. The continuing education shall include at least
663	2 hours of legal or legislative issues, 1 hour of department
664	issues, and 5 hours of relevant motor vehicle industry topics.
665	Continuing education shall be provided by dealer schools
666	licensed under paragraph (b) either in a classroom setting or by
667	correspondence. Such schools shall provide certificates of
668	completion to the department and the customer which shall be
669	filed with the license renewal form, and such schools may charge
670	a fee for providing continuing education. Any licensee who does
671	not file his or her application and fees and any other requisite
672	documents, as required by law, with the department at least 30
673	days prior to the license expiration date shall cease to engage
674	in business as a motor vehicle dealer on the license expiration
675	date. A renewal filed with the department within 45 days after
676	the expiration date shall be accompanied by a delinquent fee of
677	$100. Thereafter, a new application is required, accompanied by
678	the initial license fee. A license certificate duly issued by
679	the department may be modified by endorsement to show a change
680	in the name of the licensee, provided, as shown by affidavit of
681	the licensee, the majority ownership interest of the licensee
682	has not changed or the name of the person appearing as
683	franchisee on the sales and service agreement has not changed.
684	Modification of a license certificate to show any name change as
685	herein provided shall not require initial licensure or
686	reissuance of dealer tags; however, any dealer obtaining a name
687	change shall transact all business in and be properly identified
688	by that name. All documents relative to licensure shall reflect
689	the new name. In the case of a franchise dealer, the name change
690	shall be approved by the manufacturer, distributor, or importer.
691	A licensee applying for a name change endorsement shall pay a
692	fee of $25 which fee shall apply to the change in the name of a
693	main location and all additional locations licensed under the
694	provisions of subsection (5). Each initial license application
695	received by the department shall be accompanied by verification
696	that, within the preceding 6 months, the applicant, or one or
697	more of his or her designated employees, has attended a training
698	and information seminar conducted by a licensed motor vehicle
699	dealer training school. Such seminar shall include, but is not
700	limited to, statutory dealer requirements, which requirements
701	include required bookkeeping and recordkeeping procedures,
702	requirements for the collection of sales and use taxes, and such
703	other information that in the opinion of the department will
704	promote good business practices. No seminar may exceed 8 hours
705	in length.
706	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
707	(b)  The department may deny, suspend, or revoke any
708	license issued hereunder or under the provisions of s. 320.77 or
709	s. 320.771 upon proof that a licensee has committed, with
710	sufficient frequency so as to establish a pattern of wrongdoing
711	on the part of a licensee, violations of one or more of the
712	following activities:
713	1.  Representation that a demonstrator is a new motor
714	vehicle, or the attempt to sell or the sale of a demonstrator as
715	a new motor vehicle without written notice to the purchaser that
716	the vehicle is a demonstrator. For the purposes of this section,
717	a "demonstrator," a "new motor vehicle," and a "used motor
718	vehicle" shall be defined as under s. 320.60.
719	2.  Unjustifiable refusal to comply with a licensee's
720	responsibility under the terms of the new motor vehicle warranty
721	issued by its respective manufacturer, distributor, or importer.
722	However, if such refusal is at the direction of the
723	manufacturer, distributor, or importer, such refusal shall not
724	be a ground under this section.
725	3.  Misrepresentation or false, deceptive, or misleading
726	statements with regard to the sale or financing of motor
727	vehicles which any motor vehicle dealer has, or causes to have,
728	advertised, printed, displayed, published, distributed,
729	broadcast, televised, or made in any manner with regard to the
730	sale or financing of motor vehicles.
731	4.  Failure by any motor vehicle dealer to provide a
732	customer or purchaser with an odometer disclosure statement and
733	a copy of any bona fide written, executed sales contract or
734	agreement of purchase connected with the purchase of the motor
735	vehicle purchased by the customer or purchaser.
736	5.  Failure of any motor vehicle dealer to comply with the
737	terms of any bona fide written, executed agreement, pursuant to
738	the sale of a motor vehicle.
739	6.  Failure to apply for transfer of a title as prescribed
740	in s. 319.23(6).
741	7.  Use of the dealer license identification number by any
742	person other than the licensed dealer or his or her designee.
743	8.  Failure to continually meet the requirements of the
744	licensure law.
745	9.  Representation to a customer or any advertisement to
746	the public representing or suggesting that a motor vehicle is a
747	new motor vehicle if such vehicle lawfully cannot be titled in
748	the name of the customer or other member of the public by the
749	seller using a manufacturer's statement of origin as permitted
750	in s. 319.23(1).
751	10.  Requirement by any motor vehicle dealer that a
752	customer or purchaser accept equipment on his or her motor
753	vehicle which was not ordered by the customer or purchaser.
754	11.  Requirement by any motor vehicle dealer that any
755	customer or purchaser finance a motor vehicle with a specific
756	financial institution or company.
757	12.  Requirement by any motor vehicle dealer that the
758	purchaser of a motor vehicle contract with the dealer for
759	physical damage insurance.
760	13.  Perpetration of a fraud upon any person as a result of
761	dealing in motor vehicles, including, without limitation, the
762	misrepresentation to any person by the licensee of the
763	licensee's relationship to any manufacturer, importer, or
764	distributor.
765	14.  Violation of any of the provisions of s. 319.35 by any
766	motor vehicle dealer.
767	15.  Sale by a motor vehicle dealer of a vehicle offered in
768	trade by a customer prior to consummation of the sale, exchange,
769	or transfer of a newly acquired vehicle to the customer, unless
770	the customer provides written authorization for the sale of the
771	trade-in vehicle prior to delivery of the newly acquired
772	vehicle.
773	16.  Willful failure to comply with any administrative rule
774	adopted by the department or the provisions of s. 320.131(8).
775	17.  Violation of chapter 319, this chapter, or ss.
776	559.901-559.9221, which has to do with dealing in or repairing
777	motor vehicles or mobile homes. Additionally, in the case of
778	used motor vehicles, the willful violation of the federal law
779	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
780	the consumer sales window form.
781	18.  Failure to maintain evidence of notification to the
782	owner or coowner of a vehicle regarding registration or titling
783	fees owed owned as required in s. 320.02(17) 320.02(19).
784	Section 19.  Subsection (5) is added to section 320.405,
785	Florida Statutes, to read:
786	320.405  International Registration Plan; inspection of
787	records; hearings.--
788	(5)  The department is authorized to enter into agreements
789	for scheduling payments of taxes and penalties due to the
790	department as a result of audit assessments issued under this
791	section.
792	Section 20.  Subsection (16) of section 322.01, Florida
793	Statutes, is amended, subsections (24)-(40) are renumbered as
794	subsections (25)-(41), respectively, subsections (41) and (42)
795	are renumbered as subsections (44) and (45), respectively, and
796	new subsections (24), (42), and (43) are added to that section,
797	to read:
798	322.01  Definitions.--As used in this chapter:
799	(16)  "Driver's license" means a certificate that which,
800	subject to all other requirements of law, authorizes an
801	individual to drive a motor vehicle and that denotes an
802	operator's license as defined in 49 U.S.C. s. 30301.
803	(24)  "Identification card" means a personal identification
804	card issued by the department that conforms to the definition in
805	18 U.S.C. s. 1028(D).
806	(42)  "Temporary driver's license" means a certificate
807	issued by the department that, subject to all other requirements
808	of law, authorizes an individual to drive a motor vehicle,
809	denotes an operator's license as defined in 49 U.S.C. s. 30301,
810	and denotes that the holder is not a permanent resident of the
811	United States but is permitted to stay in the United States for
812	a short duration of time specified on the license.
813	(43)  "Temporary identification card" means a personal
814	identification card issued by the department that conforms to
815	the definition in 18 U.S.C. s. 1028(D) and denotes that the
816	holder is not a permanent resident of the United States but is
817	permitted to stay in the United States for a short duration of
818	time specified on the card.
819	Section 21.  Subsection (1) of section 322.051, Florida
820	Statutes, is amended to read:
821	322.051  Identification cards.--
822	(1)  Any person who is 5 12 years of age or older, or any
823	person who has a disability, regardless of age, who applies for
824	a disabled parking permit under s. 320.0848, may be issued an
825	identification card by the department upon completion of an
826	application and payment of an application fee.
827	(a)  Each such application shall include the following
828	information regarding the applicant:
829	1.  Full name (first, middle or maiden, and last), gender,
830	social security card number, county of residence and mailing
831	address, country of birth, and a brief description.
832	2.  Proof of birth date satisfactory to the department.
833	3.  Proof of identity satisfactory to the department. Such
834	proof must include one of the following documents issued to the
835	applicant:
836	a.  A driver's license record or identification card record
837	from another jurisdiction that required the applicant to submit
838	a document for identification which is substantially similar to
839	a document required under sub-subparagraph b., sub-subparagraph
840	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
841	f., or sub-subparagraph g.;
842	b.  A certified copy of a United States birth certificate;
843	c.  A United States passport;
844	d.  A naturalization certificate issued by the United
845	States Department of Homeland Security;
846	e.  An alien registration receipt card (green card);
847	f.  An employment authorization card issued by the United
848	States Department of Homeland Security; or
849	g.  Proof of nonimmigrant classification provided by the
850	United States Department of Homeland Security, for an original
851	identification card. In order to prove such nonimmigrant
852	classification, applicants may produce but are not limited to
853	the following documents:
854	(I)  A notice of hearing from an immigration court
855	scheduling a hearing on any proceeding.
856	(II)  A notice from the Board of Immigration Appeals
857	acknowledging pendency of an appeal.
858	(III)  Notice of the approval of an application for
859	adjustment of status issued by the United States Bureau of
860	Citizenship and Immigration Services.
861	(IV)  Any official documentation confirming the filing of a
862	petition for asylum status or any other relief issued by the
863	United States Bureau of Citizenship and Immigration Services.
864	(V)  Notice of action transferring any pending matter from
865	another jurisdiction to Florida, issued by the United States
866	Bureau of Citizenship and Immigration Services.
867	(VI)  Order of an immigration judge or immigration officer
868	granting any relief that authorizes the alien to live and work
869	in the United States including, but not limited to asylum.
870	(VII)  Evidence that an application is pending for
871	adjustment of status to that of an alien lawfully admitted for
872	permanent residence in the United States or conditional
873	permanent resident status in the United States, provided that a
874	visa number is available with a current priority date for
875	processing by the United States Citizenship and Immigration
876	Services.
877
878	Presentation of any of the documents described in sub-
879	subparagraph f. or sub-subparagraph g. entitles the applicant to
880	an identification card for a period not to exceed the expiration
881	date of the document presented or 1 year 2 years, whichever
882	first occurs.
883	(b)  An application for an identification card must be
884	signed and verified by the applicant in a format designated by
885	the department before a person authorized to administer oaths.
886	The fee for an identification card is $3, including payment for
887	the color photograph or digital image of the applicant.
888	(c)  Each such applicant may include fingerprints and any
889	other unique biometric means of identity.
890	Section 22.  Paragraph (c) of subsection (2) of section
891	322.08, Florida Statutes, is amended to read:
892	322.08  Application for license.--
893	(2)  Each such application shall include the following
894	information regarding the applicant:
895	(c)  Proof of identity satisfactory to the department. Such
896	proof must include one of the following documents issued to the
897	applicant:
898	1.  A driver's license record or identification card record
899	from another jurisdiction that required the applicant to submit
900	a document for identification which is substantially similar to
901	a document required under subparagraph 2., subparagraph 3.,
902	subparagraph 4., subparagraph 5., subparagraph 6., or
903	subparagraph 7.;
904	2.  A certified copy of a United States birth certificate;
905	3.  A United States passport;
906	4.  A naturalization certificate issued by the United
907	States Department of Homeland Security;
908	5.  An alien registration receipt card (green card);
909	6.  An employment authorization card issued by the United
910	States Department of Homeland Security; or
911	7.  Proof of nonimmigrant classification provided by the
912	United States Department of Homeland Security, for an original
913	driver's license. In order to prove nonimmigrant classification,
914	an applicant may produce the following documents, including, but
915	not limited to:
916	a.  A notice of hearing from an immigration court
917	scheduling a hearing on any proceeding.
918	b.  A notice from the Board of Immigration Appeals
919	acknowledging pendency of an appeal.
920	c.  A notice of the approval of an application for
921	adjustment of status issued by the United States Immigration and
922	Naturalization Service.
923	d.  Any official documentation confirming the filing of a
924	petition for asylum or refugee status or any other relief issued
925	by the United States Immigration and Naturalization Service.
926	e.  A notice of action transferring any pending matter from
927	another jurisdiction to this state issued by the United States
928	Immigration and Naturalization Service.
929	f.  An order of an immigration judge or immigration officer
930	granting any relief that authorizes the alien to live and work
931	in the United States, including, but not limited to, asylum.
932	g.  Evidence that an application is pending for adjustment
933	of status to that of an alien lawfully admitted for permanent
934	residence in the United States or conditional permanent resident
935	status in the United States, provided that a visa number is
936	available with a current priority date for processing by the
937	United States Citizenship and Immigration Services.
938
939	Presentation of any of the documents in subparagraph 6. or
940	subparagraph 7. entitles the applicant to a driver's license or
941	temporary permit for a period not to exceed the expiration date
942	of the document presented or 1 year 2 years, whichever occurs
943	first.
944	Section 23.   Effective July 1, 2008, paragraph (a) of
945	subsection (5) of section 322.12, Florida Statutes, is amended
946	to read:
947	322.12  Examination of applicants.--
948	(5)(a)  The department shall formulate a separate
949	examination for applicants for licenses to operate motorcycles.
950	Any applicant for a driver's license who wishes to operate a
951	motorcycle, and who is otherwise qualified, must successfully
952	complete such an examination, which is in addition to the
953	examination administered under subsection (3). The examination
954	must test the applicant's knowledge of the operation of a
955	motorcycle and of any traffic laws specifically relating thereto
956	and must include an actual demonstration of his or her ability
957	to exercise ordinary and reasonable control in the operation of
958	a motorcycle. Any applicant who fails to pass the initial
959	knowledge examination will incur a $5 fee for each subsequent
960	examination, to be deposited into the Highway Safety Operating
961	Trust Fund. Any applicant who fails to pass the initial skills
962	examination will incur a $10 fee for each subsequent
963	examination, to be deposited into the Highway Safety Operating
964	Trust Fund. In the formulation of the examination, the
965	department shall consider the use of the Motorcycle Operator
966	Skills Test and the Motorcycle in Traffic Test offered by the
967	Motorcycle Safety Foundation. The department shall indicate on
968	the license of any person who successfully completes the
969	examination that the licensee is authorized to operate a
970	motorcycle. If the applicant wishes to be licensed to operate a
971	motorcycle only, he or she need not take the skill or road test
972	required under subsection (3) for the operation of a motor
973	vehicle, and the department shall indicate such a limitation on
974	his or her license as a restriction. Every first-time applicant
975	for licensure to operate a motorcycle who is under 21 years of
976	age must provide proof of completion of a motorcycle safety
977	course, as provided for in s. 322.0255, before the applicant may
978	be licensed to operate a motorcycle.
979	Section 24.  Subsection (8) of section 322.121, Florida
980	Statutes, is amended to read:
981	322.121  Periodic reexamination of all drivers.--
982	(8)  In addition to any other examination authorized by
983	this section, an applicant for a renewal of an endorsement
984	issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) may
985	be required to complete successfully an examination of his or
986	her knowledge regarding state and federal rules, regulations,
987	and laws, governing the type of vehicle which he or she is
988	seeking an endorsement to operate.
989	Section 25.  Subsection (4) of section 322.142, Florida
990	Statutes, is amended to read:
991	322.142  Color photographic or digital imaged licenses.--
992	(4)  The department may maintain a film negative or print
993	file. The department shall maintain a record of the digital
994	image and signature of the licensees, together with other data
995	required by the department for identification and retrieval.
996	Reproductions from the file or digital record shall be made and
997	issued only for departmental administrative purposes; for the
998	issuance of duplicate licenses; in response to law enforcement
999	agency requests; to the Department of State and to the
1000	supervisors of elections pursuant to an interagency agreement to
1001	facilitate determinations of eligibility of voter registration
1002	applicants and registered voters in accordance with ss. 98.045
1003	and 98.075; to the Department of Revenue pursuant to an
1004	interagency agreement for use in establishing paternity and
1005	establishing, modifying, or enforcing support obligations in
1006	Title IV-D cases; or to the Department of Financial Services
1007	pursuant to an interagency agreement to facilitate the location
1008	of owners of unclaimed property, the validation of unclaimed
1009	property claims, and the identification of fraudulent or false
1010	claims, and are exempt from the provisions of s. 119.07(1).
1011	Section 26.  Subsections (1) through (5), paragraphs (a)
1012	and (b) of subsection (6), subsections (7) and (8), paragraph
1013	(b) of subsection (10), and subsections (13) and (14) of section
1014	322.2615, Florida Statutes, are amended to read:
1015	322.2615  Suspension of license; right to review.--
1016	(1)(a)  A law enforcement officer or correctional officer
1017	shall, on behalf of the department, suspend the driving
1018	privilege of a person who is driving or in actual physical
1019	control of a motor vehicle with an has been arrested by a law
1020	enforcement officer for a violation of s. 316.193, relating to
1021	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
1022	higher, or of a person who has refused to submit to a breath,
1023	urine, or blood test or a test of his or her breath-alcohol or
1024	blood-alcohol level authorized by s. 316.1932. The officer shall
1025	take the person's driver's license and issue the person a 10-day
1026	temporary permit if the person is otherwise eligible for the
1027	driving privilege and shall issue the person a notice of
1028	suspension. If a blood test has been administered, the results
1029	of which are not available to the officer or at the time of the
1030	arrest, the agency employing the officer shall transmit the such
1031	results to the department within 5 days after receipt of the
1032	results. If the department then determines that the person was
1033	arrested for a violation of s. 316.193 and that the person had a
1034	blood-alcohol level or breath-alcohol level of 0.08 or higher,
1035	the department shall suspend the person's driver's license
1036	pursuant to subsection (3).
1037	(b)  The suspension under paragraph (a) shall be pursuant
1038	to, and the notice of suspension shall inform the driver of, the
1039	following:
1040	1.a.  The driver refused to submit to a lawful breath,
1041	blood, or urine test and his or her driving privilege is
1042	suspended for a period of 1 year for a first refusal or for a
1043	period of 18 months if his or her driving privilege has been
1044	previously suspended as a result of a refusal to submit to such
1045	a test; or
1046	b.  The driver was driving or in actual physical control of
1047	a motor vehicle violated s. 316.193 by driving with an unlawful
1048	blood-alcohol level or breath-alcohol level of 0.08 or higher as
1049	provided in that section and his or her driving privilege is
1050	suspended for a period of 6 months for a first offense or for a
1051	period of 1 year if his or her driving privilege has been
1052	previously suspended under this section for a violation of s.
1053	316.193.
1054	2.  The suspension period shall commence on the date of
1055	arrest or issuance of the notice of suspension, whichever is
1056	later.
1057	3.  The driver may request a formal or informal review of
1058	the suspension by the department within 10 days after the date
1059	of arrest or issuance of the notice of suspension, whichever is
1060	later.
1061	4.  The temporary permit issued at the time of arrest will
1062	expire at midnight of the 10th day following the date of arrest
1063	or issuance of the notice of suspension, whichever is later.
1064	5.  The driver may submit to the department any materials
1065	relevant to the suspension arrest.
1066	(2)  Except as provided in paragraph (1)(a), the law
1067	enforcement officer shall forward to the department, within 5
1068	days after issuing the date of the arrest, a copy of the notice
1069	of suspension, the person's driver's license and of the person
1070	arrested, and a report of the arrest, including an affidavit
1071	stating the officer's grounds for belief that the person was
1072	driving or in actual physical control of a motor vehicle while
1073	under the influence of alcoholic beverages or chemical or
1074	controlled substances arrested was in violation of s. 316.193;
1075	the results of any breath or blood test or an affidavit stating
1076	that a breath, blood, or urine test was requested by a law
1077	enforcement officer or correctional officer and that the person
1078	arrested refused to submit; a copy of the citation issued to the
1079	person arrested; and the officer's description of the person's
1080	field sobriety test, if any; a copy of the crash report, if any;
1081	and the notice of suspension. The failure of the officer to
1082	submit materials within the 5-day period specified in this
1083	subsection and in subsection (1) shall not affect the
1084	department's ability to consider any evidence submitted at or
1085	prior to the hearing. The officer may also submit a copy of a
1086	videotape of the field sobriety test or the attempt to
1087	administer such test. Materials submitted to the department by a
1088	law enforcement agency or correctional agency shall be
1089	considered self-authenticating and shall be in the record for
1090	consideration by the hearing officer. Notwithstanding s.
1091	316.066(4), the crash report shall be considered by the hearing
1092	officer.
1093	(3)  If the department determines that the license of the
1094	person arrested should be suspended pursuant to this section and
1095	if the notice of suspension has not already been served upon the
1096	person by a law enforcement officer or correctional officer as
1097	provided in subsection (1), the department shall issue a notice
1098	of suspension and, unless the notice is mailed pursuant to s.
1099	322.251, a temporary permit which expires 10 days after the date
1100	of issuance if the driver is otherwise eligible.
1101	(4)  If the person whose license is suspended arrested
1102	requests an informal review pursuant to subparagraph (1)(b)3.,
1103	the department shall conduct the informal review by a hearing
1104	officer employed by the department. Such informal review hearing
1105	shall consist solely of an examination by the department of the
1106	materials submitted by a law enforcement officer or correctional
1107	officer and by the person whose license is suspended arrested,
1108	and the presence of an officer or witness is not required.
1109	(5)  After completion of the informal review, notice of the
1110	department's decision sustaining, amending, or invalidating the
1111	suspension of the person's driver's license of the person
1112	arrested must be provided to such person. Such notice must be
1113	mailed to the person at the last known address shown on the
1114	department's records, or to the address provided in the law
1115	enforcement officer's report if such address differs from the
1116	address of record, within 21 days after the expiration of the
1117	temporary permit issued pursuant to subsection (1) or subsection
1118	(3).
1119	(6)(a)  If the person whose license is suspended arrested
1120	requests a formal review, the department must schedule a hearing
1121	to be held within 30 days after such request is received by the
1122	department and must notify the person of the date, time, and
1123	place of the hearing.
1124	(b)  Such formal review hearing shall be held before a
1125	hearing officer employed by the department, and the hearing
1126	officer shall be authorized to administer oaths, examine
1127	witnesses and take testimony, receive relevant evidence, issue
1128	subpoenas for the officers and witnesses identified in documents
1129	provided in subsection (2), regulate the course and conduct of
1130	the hearing, question witnesses, and make a ruling on the
1131	suspension. The department and the person arrested may subpoena
1132	witnesses, and the party requesting the presence of a witness
1133	shall be responsible for the payment of any witness fees and for
1134	notifying in writing the state attorney's office in the
1135	appropriate circuit of the issuance of the subpoena. If the
1136	person who requests a formal review hearing fails to appear and
1137	the hearing officer finds such failure to be without just cause,
1138	the right to a formal hearing is waived and the suspension shall
1139	be sustained.
1140	(7)  In a formal review hearing under subsection (6) or an
1141	informal review hearing under subsection (4), the hearing
1142	officer shall determine by a preponderance of the evidence
1143	whether sufficient cause exists to sustain, amend, or invalidate
1144	the suspension. The scope of the review shall be limited to the
1145	following issues:
1146	(a)  If the license was suspended for driving with an
1147	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
1148	higher in violation of s. 316.193:
1149	1.  Whether the arresting law enforcement officer had
1150	probable cause to believe that the person whose license is
1151	suspended was driving or in actual physical control of a motor
1152	vehicle in this state while under the influence of alcoholic
1153	beverages or chemical or controlled substances.
1154	2.  Whether the person was placed under lawful arrest for a
1155	violation of s. 316.193.
1156	2.3.  Whether the person whose license is suspended had an
1157	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
1158	higher as provided in s. 316.193.
1159	(b)  If the license was suspended for refusal to submit to
1160	a breath, blood, or urine test:
1161	1.  Whether the arresting law enforcement officer had
1162	probable cause to believe that the person whose license is
1163	suspended was driving or in actual physical control of a motor
1164	vehicle in this state while under the influence of alcoholic
1165	beverages or chemical or controlled substances.
1166	2.  Whether the person was placed under lawful arrest for a
1167	violation of s. 316.193.
1168	2.3.  Whether the person whose license is suspended refused
1169	to submit to any such test after being requested to do so by a
1170	law enforcement officer or correctional officer.
1171	3.4.  Whether the person whose license is suspended was
1172	told that if he or she refused to submit to such test his or her
1173	privilege to operate a motor vehicle would be suspended for a
1174	period of 1 year or, in the case of a second or subsequent
1175	refusal, for a period of 18 months.
1176	(8)  Based on the determination of the hearing officer
1177	pursuant to subsection (7) for both informal hearings under
1178	subsection (4) and formal hearings under subsection (6), the
1179	department shall:
1180	(a)  Sustain the suspension of the person's driving
1181	privilege for a period of 1 year for a first refusal, or for a
1182	period of 18 months if the driving privilege of such person has
1183	been previously suspended as a result of a refusal to submit to
1184	such tests, if the arrested person refused to submit to a lawful
1185	breath, blood, or urine test. The suspension period commences on
1186	the date of the arrest or issuance of the notice of suspension,
1187	whichever is later.
1188	(b)  Sustain the suspension of the person's driving
1189	privilege for a period of 6 months for a blood-alcohol level or
1190	breath-alcohol level of 0.08 or higher violation of s. 316.193,
1191	or for a period of 1 year if the driving privilege of such
1192	person has been previously suspended under this section as a
1193	result of driving with an unlawful blood-alcohol level or
1194	breath-alcohol level a violation of s. 316.193. The suspension
1195	period commences on the date of the arrest or issuance of the
1196	notice of suspension, whichever is later.
1197	(10)  A person whose driver's license is suspended under
1198	subsection (1) or subsection (3) may apply for issuance of a
1199	license for business or employment purposes only if the person
1200	is otherwise eligible for the driving privilege pursuant to s.
1201	322.271.
1202	(b)  If the suspension of the person's driver's license of
1203	the person arrested for a violation of s. 316.193, relating to
1204	an unlawful blood-alcohol level or breath-alcohol level of 0.08
1205	or higher, is sustained, the person is not eligible to receive a
1206	license for business or employment purposes only pursuant to s.
1207	322.271 until 30 days have elapsed after the expiration of the
1208	last temporary permit issued. If the driver is not issued a 10-
1209	day permit pursuant to this section or s. 322.64 because he or
1210	she is ineligible for the permit and the suspension for a
1211	violation of s. 316.193, relating to an unlawful blood-alcohol
1212	level or breath-alcohol level of 0.08 or higher, is not
1213	invalidated by the department, the driver is not eligible to
1214	receive a business or employment license pursuant to s. 322.271
1215	until 30 days have elapsed from the date of the suspension
1216	arrest.
1217	(13)  A person may appeal any decision of the department
1218	sustaining a suspension of his or her driver's license by a
1219	petition for writ of certiorari to the circuit court in the
1220	county wherein such person resides or wherein a formal or
1221	informal review was conducted pursuant to s. 322.31. However, an
1222	appeal shall not stay the suspension. A law enforcement agency
1223	may appeal any decision of the department invalidating a
1224	suspension by a petition for writ of certiorari to the circuit
1225	court in the county where a formal or informal review was
1226	conducted. This subsection shall not be construed to provide for
1227	a de novo appeal.
1228	(14)(a)  The decision of the department under this section
1229	or any circuit court review thereof may not be considered in any
1230	trial for a violation of s. 316.193, and a written statement
1231	submitted by a person in his or her request for departmental
1232	review under this section may not be admitted into evidence
1233	against him or her in any such trial.
1234	(b)  The disposition of any related criminal proceedings
1235	does not affect a suspension for refusal to submit to a blood,
1236	breath, or urine test, authorized by s. 316.1932 or s. 316.1933,
1237	imposed under this section.
1238	Section 27.  Paragraph (d) of subsection (3) of section
1239	322.27, Florida Statutes, is amended, and paragraph (j) is added
1240	to that subsection, to read:
1241	322.27  Authority of department to suspend or revoke
1242	license.--
1243	(3)  There is established a point system for evaluation of
1244	convictions of violations of motor vehicle laws or ordinances,
1245	and violations of applicable provisions of s. 403.413(6)(b) when
1246	such violations involve the use of motor vehicles, for the
1247	determination of the continuing qualification of any person to
1248	operate a motor vehicle. The department is authorized to suspend
1249	the license of any person upon showing of its records or other
1250	good and sufficient evidence that the licensee has been
1251	convicted of violation of motor vehicle laws or ordinances, or
1252	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1253	more points as determined by the point system. The suspension
1254	shall be for a period of not more than 1 year.
1255	(d)  The point system shall have as its basic element a
1256	graduated scale of points assigning relative values to
1257	convictions of the following violations:
1258	1.  Reckless driving, willful and wanton--4 points.
1259	2.  Leaving the scene of a crash resulting in property
1260	damage of more than $50--6 points.
1261	3.  Unlawful speed resulting in a crash--6 points.
1262	4.  Passing a stopped school bus--4 points.
1263	5.  Unlawful speed:
1264	a.  Not in excess of 15 miles per hour of lawful or posted
1265	speed--3 points.
1266	b.  In excess of 15 miles per hour but not in excess of 30
1267	miles per hour of lawful or posted speed--4 points.
1268	c.  In excess of 30 miles per hour of lawful or posted
1269	speed--6 points.
1270	6.a.  A violation of a traffic control signal device as
1271	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
1272	b.  A violation of a traffic control signal device as
1273	provided in s. 316.074(1) or s. 316.075(1)(c)1. resulting in a
1274	crash--6 points.
1275	7.  All other moving violations (including parking on a
1276	highway outside the limits of a municipality)--3 points.
1277	However, no points shall be imposed for a violation of s.
1278	316.0741 or s. 316.2065(12).
1279	8.  Any moving violation covered above, excluding unlawful
1280	speed, resulting in a crash--4 points.
1281	9.  Any conviction under s. 403.413(6)(b)--3 points.
1282	10.  Any conviction under s. 316.0775(2)--4 points.
1283	(j)  For purposes of sub-subparagraph (d)5.c., the term
1284	"conviction" means a finding of guilt, with or without
1285	adjudication of guilt, as a result of a jury verdict, nonjury
1286	trial, or entry of a plea of guilty or nolo contendere,
1287	notwithstanding s. 318.14(11).
1288	Section 28.  Except as otherwise expressly provided in this
1289	act, this act shall take effect October 1, 2006.

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