CS/HB 1329

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 316.0741, F.S.; redefining the
4	term "hybrid vehicle"; authorizing the driving of a
5	hybrid, low-emission, or energy-efficient vehicle in a
6	high-occupancy-vehicle lane regardless of occupancy;
7	authorizing the department to limit or discontinue such
8	driving under certain circumstances; directing the
9	Department of Transportation to review a specified federal
10	rule and make a report to the Legislature; exempting
11	certain vehicles from the payment of certain tolls;
12	amending s. 316.1575, F.S.; requiring a person walking or
13	driving a vehicle to stop at a railroad crossing upon the
14	signal of a law enforcement officer; amending s. 316.193,
15	F.S.; lowering the blood-alcohol or breath-alcohol level
16	for which enhanced penalties are imposed against a person
17	convicted of driving under the influence; amending s.
18	316.1937, F.S.; revising the conditions under which the
19	court may require the use of an ignition interlock device;
20	amending s. 316.251, F.S.; conforming a cross-reference;
21	amending s. 316.302, F.S.; revising references to rules,
22	regulations, and criteria governing commercial motor
23	vehicles engaged in intrastate commerce; providing that
24	the Department of Transportation performs duties assigned
25	to the Field Administrator of the Federal Motor Carrier
26	Safety Administration under the federal rules and may
27	enforce those rules; amending ss. 316.613 and 316.614,
28	F.S.; revising the definition of "motor vehicle" for
29	purposes of child restraint and safety belt usage
30	requirements; amending s. 316.645, F.S.; authorizing a
31	police officer to make an arrest upon probable cause of a
32	violation of laws governing motor vehicle licenses;
33	amending s. 316.650, F.S.; revising requirements for
34	traffic citation forms; providing for the electronic
35	transmission of citation data; amending s. 316.656, F.S.;
36	lowering the percentage of blood or breath alcohol content
37	relating to the prohibition against pleading guilty to a
38	lesser offense of driving under the influence than the
39	offense charged; amending s. 319.001, F.S.; defining the
40	term "certificate of title" to include information stored
41	electronically in the department's database; amending s.
42	320.01, F.S.; revising the definition of the term
43	"motorcycle" to exclude a vehicle in which the operator is
44	enclosed by a cabin; amending s. 320.02, F.S.; deleting
45	the requirement for a motorcycle endorsement at the time
46	of original registration of a motorcycle, motor-driven
47	cycle, or moped; repealing s. 320.02(13), F.S., relating
48	to a motor vehicle registration voluntary contribution for
49	the Election Campaign Financing Trust Fund; amending s.
50	320.0706, F.S.; providing that a violation of requirements
51	for displaying a truck license plate is a moving
52	violation; amending s. 320.0715, F.S.; requiring the
53	department to withhold issuing or to suspend a
54	registration and license plate for a commercial motor
55	vehicle if the federal identifying number is not provided
56	or if the motor carrier or vehicle owner has been
57	prohibited from operating; amending s. 320.08053, F.S.;
58	removing a requirement that the department create certain
59	specifications by rule for specialty license plates;
60	amending s. 320.0894, F.S.; providing for issuance of Gold
61	Star license plates to certain family members; amending s.
62	320.27, F.S.; conforming a cross-reference; amending s.
63	322.01, F.S.; defining the term "convenience service" for
64	purposes of transactions with the department; revising the
65	definition of the term "conviction" to provide for
66	application to offenses committed by a person holding a
67	commercial driver's license; revising the definition of
68	the terms "hazardous materials" and "out-of-service
69	order"; amending s. 322.03, F.S.; removing provisions for
70	issuance of a license valid in Florida only; prohibiting a
71	person from holding more than one driver's license;
72	authorizing use of such licenses until next renewal;
73	amending s. 322.051, F.S.; revising requirements for
74	application for issuance or renewal of an identification
75	card; revising provisions providing for the expiration of
76	an identification card issued by the department; amending
77	s. 322.08, F.S.; revising requirements for application for
78	a driver's license; removing a provision requiring the
79	application form to include language permitting a
80	voluntary contribution for the Election Campaign Financing
81	Trust Fund; amending s. 322.14, F.S.; revising provisions
82	for content of a driver's license; requiring the license
83	to contain the licensee's residence address; removing a
84	requirement that the license contain the licensee's
85	mailing address; amending s. 322.15, F.S.; authorizing a
86	law enforcement officer or authorized representative of
87	the department to collect a person's fingerprints
88	electronically; amending s. 322.17, F.S.; revising
89	provisions for replacement of an instruction permit or
90	driver license; removing fee amounts; requiring payment of
91	specified fee amounts; removing a provision for a change
92	of address sticker; conforming cross-references; amending
93	s. 322.18, F.S.; revising provisions providing for the
94	expiration and renewal of driver's licenses; providing for
95	the renewal of certain licenses every 8 years; conforming
96	cross-references; providing for the renewal of licenses
97	using a convenience service; requiring the department to
98	issue new licenses rather than extension stickers;
99	repealing s. 322.181(4), F.S., relating to the Florida At-
100	Risk Driver Council; amending s. 322.19, F.S.; revising
101	provisions for a licensee changing address; removing a
102	provision for the licensee to request a change-of-address
103	sticker; conforming cross-references; amending s. 322.21,
104	F.S.; revising fees for issuance of original, renewal, and
105	replacement driver's licenses and identification cards;
106	revising fees for specified endorsements; providing for
107	distribution of revised fees; amending s. 322.2715, F.S.;
108	providing that the required installation period of an
109	ignition interlock device for certain DUI offenses be
110	continuous; amending s. 322.291, F.S.; providing
111	additional requirements for a third or subsequent
112	violation of requirements for installation of an ignition
113	interlock device; requiring treatment and extension of the
114	duration of the ignition interlock requirement; amending
115	s. 322.36, F.S.; requiring the suspension for a specified
116	period of the driver's license of a person who loans a
117	vehicle to a person whose driver's license is suspended if
118	that vehicle is involved in an accident resulting in
119	bodily injury or death; repealing s. 322.60, F.S.,
120	relating to the prohibition on commercial motor vehicle
121	drivers possessing more than one license; amending s.
122	322.61, F.S.; clarifying provisions disqualifying a person
123	from operating a commercial motor vehicle following
124	certain traffic violations; providing for permanent
125	disqualification following conviction of a felony
126	involving the manufacture, distribution, or dispensing of
127	a controlled substance; amending s. 322.64, F.S.;
128	providing that a person's privilege to drive a commercial
129	motor vehicle is disqualified if the person was driving or
130	in actual physical control of a commercial motor vehicle,
131	or any motor vehicle if the person holds a commercial
132	driver's license, with an unlawful blood-alcohol level or
133	breath-alcohol level or refuses to submit to a breath,
134	urine, or blood test; providing for the period of
135	disqualification; providing procedures; providing for
136	issuance of a notice of disqualification; revising the
137	requirements for a formal review hearing following a
138	person's disqualification from operating a commercial
139	motor vehicle; amending s. 324.021, F.S.; clarifying that
140	a judgment becomes final by expiration of the time for
141	appeal; amending s. 501.976, F.S.; conforming a cross-
142	reference; prohibiting the Department of Highway Safety
143	and Motor Vehicles from issuing any new specialty license
144	plates for a specified period; designating the Joseph P.
145	Bertrand Building in Lee County; providing effective
146	dates.
147
148	Be It Enacted by the Legislature of the State of Florida:
149
150	Section 1.  Section 316.0741, Florida Statutes, is amended
151	to read:
152	316.0741  High-occupancy-vehicle High occupancy vehicle
153	lanes.--
154	(1)  As used in this section, the term:
155	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
156	or "HOV lane" means a lane of a public roadway designated for
157	use by vehicles in which there is more than one occupant unless
158	otherwise authorized by federal law.
159	(b)  "Hybrid vehicle" means a motor vehicle:
160	1.  That draws propulsion energy from onboard sources of
161	stored energy which are both an internal combustion or heat
162	engine using combustible fuel and a rechargeable energy-storage
163	system; and
164	2.  That, in the case of a passenger automobile or light
165	truck, has received a certificate of conformity under the Clean
166	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
167	equivalent qualifying California standards for a low-emission
168	vehicle.
169	(2)  The number of persons that must be in a vehicle to
170	qualify for legal use of the HOV lane and the hours during which
171	the lane will serve as an HOV lane, if it is not designated as
172	such on a full-time basis, must also be indicated on a traffic
173	control device.
174	(3)  Except as provided in subsection (4), a vehicle may
175	not be driven in an HOV lane if the vehicle is occupied by fewer
176	than the number of occupants indicated by a traffic control
177	device. A driver who violates this section shall be cited for a
178	moving violation, punishable as provided in chapter 318.
179	(4)(a)  Notwithstanding any other provision of this
180	section, an inherently low-emission vehicle (ILEV) that is
181	certified and labeled in accordance with federal regulations may
182	be driven in an HOV lane at any time, regardless of its
183	occupancy. In addition, upon the state's receipt of written
184	notice from the proper federal regulatory agency authorizing
185	such use, a vehicle defined as a hybrid vehicle under this
186	section may be driven in an HOV lane at any time, regardless of
187	its occupancy.
188	(b)  All eligible hybrid and all eligible other low-
189	emission and energy-efficient vehicles driven in an HOV lane
190	must comply with the minimum fuel economy standards in 23 U.S.C.
191	s. 166(f)(3)(B).
192	(c)  Upon issuance of the applicable United States
193	Environmental Protection Agency final rule pursuant to 23 U.S.C.
194	s. 166(e), relating to the eligibility of hybrid and other low-
195	emission and energy-efficient vehicles for operation in an HOV
196	lane, regardless of occupancy, the Department of Transportation
197	shall review the rule and recommend to the Legislature any
198	statutory changes necessary for compliance with the federal
199	rule. The department shall provide its recommendations no later
200	than 30 days following issuance of the final rule.
201	(5)  The department shall issue a decal and registration
202	certificate, to be renewed annually, reflecting the HOV lane
203	designation on such vehicles meeting the criteria in subsection
204	(4) authorizing driving in an HOV lane at any time such use. The
205	department may charge a fee for a decal, not to exceed the costs
206	of designing, producing, and distributing each decal, or $5,
207	whichever is less. The proceeds from sale of the decals shall be
208	deposited in the Highway Safety Operating Trust Fund. The
209	department may, for reasons of operation and management of HOV
210	facilities, limit or discontinue issuance of decals for the use
211	of HOV facilities by hybrid and low-emission and energy-
212	efficient vehicles, regardless of occupancy, if it has been
213	determined by the Department of Transportation that the
214	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
215	(6)  Vehicles having decals by virtue of compliance with
216	the minimum fuel economy standards under 23 U.S.C. s.
217	166(f)(3)(B), and which are registered for use in high-occupancy
218	toll lanes or express lanes in accordance with Department of
219	Transportation rule, shall be allowed to use any HOV lanes
220	redesignated as high-occupancy toll lanes or express lanes
221	without payment of a toll.
222	(5)  As used in this section, the term "hybrid vehicle"
223	means a motor vehicle:
224	(a)  That draws propulsion energy from onboard sources of
225	stored energy which are both:
226	1.  An internal combustion or heat engine using combustible
227	fuel; and
228	2.  A rechargeable energy storage system; and
229	(b)  That, in the case of a passenger automobile or light
230	truck:
231	1.  Has received a certificate of conformity under the
232	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
233	2.  Meets or exceeds the equivalent qualifying California
234	standards for a low-emission vehicle.
235	(7)(6)  The department may adopt rules necessary to
236	administer this section.
237	Section 2.  Paragraph (b) of subsection (1) of section
238	316.1575, Florida Statutes, is amended to read:
239	316.1575  Obedience to traffic control devices at railroad-
240	highway grade crossings.--
241	(1)  Any person walking or driving a vehicle and
242	approaching a railroad-highway grade crossing under any of the
243	circumstances stated in this section shall stop within 50 feet
244	but not less than 15 feet from the nearest rail of such railroad
245	and shall not proceed until he or she can do so safely. The
246	foregoing requirements apply when:
247	(b)  A crossing gate is lowered or a law enforcement
248	officer or a human flagger gives or continues to give a signal
249	of the approach or passage of a railroad train;
250	Section 3.  Subsection (4) of section 316.193, Florida
251	Statutes, is amended to read:
252	316.193  Driving under the influence; penalties.--
253	(4)  Any person who is convicted of a violation of
254	subsection (1) and who has a blood-alcohol level or breath-
255	alcohol level of 0.15 0.20 or higher, or any person who is
256	convicted of a violation of subsection (1) and who at the time
257	of the offense was accompanied in the vehicle by a person under
258	the age of 18 years, shall be punished:
259	(a)  By a fine of:
260	1.  Not less than $500 or more than $1,000 for a first
261	conviction.
262	2.  Not less than $1,000 or more than $2,000 for a second
263	conviction.
264	3.  Not less than $2,000 for a third or subsequent
265	conviction.
266	(b)  By imprisonment for:
267	1.  Not more than 9 months for a first conviction.
268	2.  Not more than 12 months for a second conviction.
269
270	For the purposes of this subsection, only the instant offense is
271	required to be a violation of subsection (1) by a person who has
272	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
273	higher.
274	(c)  In addition to the penalties in paragraphs (a) and
275	(b), the court shall order the mandatory placement, at the
276	convicted person's sole expense, of an ignition interlock device
277	approved by the department in accordance with s. 316.1938 upon
278	all vehicles that are individually or jointly leased or owned
279	and routinely operated by the convicted person for up to 6
280	months for the first offense and for at least 2 years for a
281	second offense, when the convicted person qualifies for a
282	permanent or restricted license. The installation of such device
283	may not occur before July 1, 2003.
284	Section 4.  Subsection (1) of section 316.1937, Florida
285	Statutes, is amended to read:
286	316.1937  Ignition interlock devices, requiring; unlawful
287	acts.--
288	(1)  In addition to any other authorized penalties, the
289	court may require that any person who is convicted of driving
290	under the influence in violation of s. 316.193 shall not operate
291	a motor vehicle unless that vehicle is equipped with a
292	functioning ignition interlock device certified by the
293	department as provided in s. 316.1938, and installed in such a
294	manner that the vehicle will not start if the operator's blood
295	alcohol level is in excess of 0.05 percent or as otherwise
296	specified by the court. The court may require the use of an
297	approved ignition interlock device for a period of not less than
298	6 continuous months, if the person is permitted to operate a
299	motor vehicle, whether or not the privilege to operate a motor
300	vehicle is restricted, as determined by the court. The court,
301	however, shall order placement of an ignition interlock device
302	in those circumstances required by s. 316.193.
303	Section 5.  Subsection (2) of section 316.251, Florida
304	Statutes, is amended to read:
305	316.251  Maximum bumper heights.--
306	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
307	"antique automobiles" as defined in s. 320.08, "horseless
308	carriages" as defined in s. 320.086, and "street rods" as
309	defined in s. 320.0863 shall be excluded from the requirements
310	of this section.
311	Section 6.  Paragraph (b) of subsection (1) and subsections
312	(6) and (8) of section 316.302, Florida Statutes, are amended to
313	read:
314	316.302  Commercial motor vehicles; safety regulations;
315	transporters and shippers of hazardous materials; enforcement.--
316	(1)
317	(b)  Except as otherwise provided in this section, all
318	owners or drivers of commercial motor vehicles that are engaged
319	in intrastate commerce are subject to the rules and regulations
320	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
321	exception of 49 C.F.R. s. 390.5 as it relates to the definition
322	of bus, as such rules and regulations existed on October 1, 2007
323	2005.
324	(6)  The state Department of Transportation shall perform
325	the duties that are assigned to the Field Administrator, Federal
326	Motor Carrier Safety Administration Regional Federal Highway
327	Administrator under the federal rules, and an agent of that
328	department, as described in s. 316.545(9), may enforce those
329	rules.
330	(8)  For the purpose of enforcing this section, any law
331	enforcement officer of the Department of Transportation or duly
332	appointed agent who holds a current safety inspector
333	certification from the Commercial Vehicle Safety Alliance may
334	require the driver of any commercial vehicle operated on the
335	highways of this state to stop and submit to an inspection of
336	the vehicle or the driver's records. If the vehicle or driver is
337	found to be operating in an unsafe condition, or if any required
338	part or equipment is not present or is not in proper repair or
339	adjustment, and the continued operation would present an unduly
340	hazardous operating condition, the officer may require the
341	vehicle or the driver to be removed from service pursuant to the
342	North American Standard Uniform Out-of-Service Criteria, until
343	corrected. However, if continuous operation would not present an
344	unduly hazardous operating condition, the officer may give
345	written notice requiring correction of the condition within 14
346	days.
347	(a)  Any member of the Florida Highway Patrol or any law
348	enforcement officer employed by a sheriff's office or municipal
349	police department authorized to enforce the traffic laws of this
350	state pursuant to s. 316.640 who has reason to believe that a
351	vehicle or driver is operating in an unsafe condition may, as
352	provided in subsection (10), enforce the provisions of this
353	section.
354	(b)  Any person who fails to comply with an officer's
355	request to submit to an inspection under this subsection commits
356	a violation of s. 843.02 if the person resists the officer
357	without violence or a violation of s. 843.01 if the person
358	resists the officer with violence.
359	Section 7.  Subsection (2) of section 316.613, Florida
360	Statutes, is amended to read:
361	316.613  Child restraint requirements.--
362	(2)  As used in this section, the term "motor vehicle"
363	means a motor vehicle as defined in s. 316.003 that is operated
364	on the roadways, streets, and highways of the state. The term
365	does not include:
366	(a)  A school bus as defined in s. 316.003(45).
367	(b)  A bus used for the transportation of persons for
368	compensation, other than a bus regularly used to transport
369	children to or from school, as defined in s. 316.615(1) (b), or
370	in conjunction with school activities.
371	(c)  A farm tractor or implement of husbandry.
372	(d)  A truck having a gross vehicle weight rating of more
373	than 26,000 of net weight of more than 5,000 pounds.
374	(e)  A motorcycle, moped, or bicycle.
375	Section 8.  Paragraph (a) of subsection (3) of section
376	316.614, Florida Statutes, is amended to read:
377	316.614  Safety belt usage.--
378	(3)  As used in this section:
379	(a)  "Motor vehicle" means a motor vehicle as defined in s.
380	316.003 which that is operated on the roadways, streets, and
381	highways of this state. The term does not include:
382	1.  A school bus.
383	2.  A bus used for the transportation of persons for
384	compensation.
385	3.  A farm tractor or implement of husbandry.
386	4.  A truck having a gross vehicle weight rating of more
387	than 26,000 of a net weight of more than 5,000 pounds.
388	5.  A motorcycle, moped, or bicycle.
389	Section 9.  Section 316.645, Florida Statutes, is amended
390	to read:
391	316.645  Arrest authority of officer at scene of a traffic
392	crash.--A police officer who makes an investigation at the scene
393	of a traffic crash may arrest any driver of a vehicle involved
394	in the crash when, based upon personal investigation, the
395	officer has reasonable and probable grounds to believe that the
396	person has committed any offense under the provisions of this
397	chapter, chapter 320, or chapter 322 in connection with the
398	crash.
399	Section 10.  Subsections (1), (3), (4), (5), (6), and (7)
400	of section 316.650, Florida Statutes, are amended to read:
401	316.650  Traffic citations.--
402	(1)(a)  The department shall prepare, and supply to every
403	traffic enforcement agency in this state, an appropriate form
404	traffic citation that contains containing a notice to appear, is
405	(which shall be issued in prenumbered books, meets with
406	citations in quintuplicate) and meeting the requirements of this
407	chapter or any laws of this state regulating traffic, and is
408	which form shall be consistent with the state traffic court
409	rules and the procedures established by the department. The form
410	shall include a box that which is to be checked by the law
411	enforcement officer when the officer believes that the traffic
412	violation or crash was due to aggressive careless driving as
413	defined in s. 316.1923. The form shall also include a box that
414	which is to be checked by the law enforcement officer when the
415	officer writes a uniform traffic citation for a violation of s.
416	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
417	failing to stop at a traffic signal.
418	(b)  The department shall prepare, and supply to every
419	traffic enforcement agency in the state, an appropriate
420	affidavit-of-compliance form that which shall be issued along
421	with the form traffic citation for any violation of s. 316.610
422	and that indicates which shall indicate the specific defect
423	needing which needs to be corrected. However, such affidavit of
424	compliance shall not be issued in the case of a violation of s.
425	316.610 by a commercial motor vehicle as defined in s.
426	316.003(66). Such affidavit-of-compliance form shall be
427	distributed in the same manner and to the same parties as is the
428	form traffic citation.
429	(c)  Notwithstanding paragraphs (a) and (b), a traffic
430	enforcement agency may produce uniform traffic citations by
431	electronic means. Such citations must be consistent with the
432	state traffic court rules and the procedures established by the
433	department and; must be appropriately numbered and inventoried;
434	and may have fewer copies than the quintuplicate form.
435	Affidavit-of-compliance forms may also be produced by electronic
436	means.
437	(d)  The department must distribute to every traffic
438	enforcement agency and to any others who request it, a traffic
439	infraction reference guide describing the class of the traffic
440	infraction, the penalty for the infraction, the points to be
441	assessed on a driver's record license, and any other information
442	necessary to describe a violation and the penalties therefor.
443	(3)(a)  Except for a traffic citation issued pursuant to s.
444	316.1001, each traffic enforcement officer, upon issuing a
445	traffic citation to an alleged violator of any provision of the
446	motor vehicle laws of this state or of any traffic ordinance of
447	any municipality city or town, shall deposit the original and
448	one copy of such traffic citation or, in the case of a traffic
449	enforcement agency that which has an automated citation issuance
450	system, the chief administrative officer shall provide by an
451	electronic transmission a replica of the citation data to
452	facsimile with a court having jurisdiction over the alleged
453	offense or with its traffic violations bureau within 5 days
454	after issuance to the violator.
455	(b)  If a traffic citation is issued pursuant to s.
456	316.1001, a traffic enforcement officer may deposit the original
457	and one copy of such traffic citation or, in the case of a
458	traffic enforcement agency that has an automated citation
459	system, may provide by an electronic transmission a replica of
460	the citation data to facsimile with a court having jurisdiction
461	over the alleged offense or with its traffic violations bureau
462	within 45 days after the date of issuance of the citation to the
463	violator. If the person cited for the violation of s. 316.1001
464	makes the election provided by s. 318.14(12) and pays the $25
465	fine, or such other amount as imposed by the governmental entity
466	owning the applicable toll facility, plus the amount of the
467	unpaid toll that is shown on the traffic citation directly to
468	the governmental entity that issued the citation, or on whose
469	behalf the citation was issued, in accordance with s.
470	318.14(12), the traffic citation will not be submitted to the
471	court, the disposition will be reported to the department by the
472	governmental entity that issued the citation, or on whose behalf
473	the citation was issued, and no points will be assessed against
474	the person's driver's license.
475	(4)  The chief administrative officer of every traffic
476	enforcement agency shall require the return to him or her of the
477	officer-agency department record copy of every traffic citation
478	issued by an officer under the chief administrative officer's
479	supervision to an alleged violator of any traffic law or
480	ordinance and of all copies of every traffic citation that which
481	has been spoiled or upon which any entry has been made and not
482	issued to an alleged violator. In the case of a traffic
483	enforcement agency that which has an automated citation issuance
484	system, the chief administrative officer shall require the
485	return of all electronic traffic citation records.
486	(5)  Upon the deposit of the original and one copy of such
487	traffic citation or upon deposit of an electronic transmission
488	of a replica of citation data facsimile of the traffic citation
489	with respect to traffic enforcement agencies that which have an
490	automated citation issuance system with a court having
491	jurisdiction over the alleged offense or with its traffic
492	violations bureau as aforesaid, the original citation, the
493	electronic citation containing a replica of citation data
494	facsimile, or a copy of such traffic citation may be disposed of
495	only by trial in the court or other official action by a judge
496	of the court, including forfeiture of the bail, or by the
497	deposit of sufficient bail with, or payment of a fine to, the
498	traffic violations bureau by the person to whom such traffic
499	citation has been issued by the traffic enforcement officer.
500	(6)  The chief administrative officer shall transmit, on a
501	form approved by the department, the department record copy of
502	the uniform traffic citation to the department within 5 days
503	after submission of the original, groups of issued citations and
504	one copy to the court, or citation and transmittal data to the
505	court. Batches of electronic citations containing a replica of
506	citation data may be transmitted to the court department in an
507	electronic automated fashion, in a format form prescribed by the
508	department within 5 days after issuance to the violator. A copy
509	of such transmittal shall also be provided to the court having
510	jurisdiction for accountability purposes.
511	(7)  The chief administrative officer shall also maintain
512	or cause to be maintained in connection with every traffic
513	citation issued by an officer under his or her supervision a
514	record of the disposition of the charge by the court or its
515	traffic violations bureau in which the original or copy of the
516	traffic citation or electronic citation was deposited.
517	Section 11.  Paragraph (a) of subsection (2) of section
518	316.656, Florida Statutes, is amended to read:
519	316.656  Mandatory adjudication; prohibition against
520	accepting plea to lesser included offense.--
521	(2)(a)  No trial judge may accept a plea of guilty to a
522	lesser offense from a person charged under the provisions of
523	this act who has been given a breath or blood test to determine
524	blood or breath alcohol content, the results of which show a
525	blood or breath alcohol content by weight of 0.15 0.20 percent
526	or more.
527	Section 12.  Subsections (1) through (11) of section
528	319.001, Florida Statutes, are renumbered as subsections (2)
529	through (12), respectively, and a new subsection (1) is added to
530	that section to read:
531	319.001  Definitions.--As used in this chapter, the term:
532	(1)  "Certificate of title" means the record that is
533	evidence of ownership of a vehicle, whether a paper certificate
534	authorized by the department or a certificate consisting of
535	information that is stored in an electronic form in the
536	department's database.
537	Section 13.  Subsection (27) of section 320.01, Florida
538	Statutes, is amended to read:
539	320.01  Definitions, general.--As used in the Florida
540	Statutes, except as otherwise provided, the term:
541	(27)  "Motorcycle" means any motor vehicle having a seat or
542	saddle for the use of the rider and designed to travel on not
543	more than three wheels in contact with the ground, but excluding
544	a tractor, or a moped, or a vehicle in which the operator is
545	enclosed by a cabin.
546	Section 14.  Effective July 1, 2008, subsection (1) of
547	section 320.02, Florida Statutes, as amended by section 28 of
548	chapter 2006-290, Laws of Florida, is amended to read:
549	320.02  Registration required; application for
550	registration; forms.--
551	(1)  Except as otherwise provided in this chapter, every
552	owner or person in charge of a motor vehicle that is operated or
553	driven on the roads of this state shall register the vehicle in
554	this state. The owner or person in charge shall apply to the
555	department or to its authorized agent for registration of each
556	such vehicle on a form prescribed by the department. Prior to
557	the original registration of a motorcycle, motor-driven cycle,
558	or moped, the owner, if a natural person, must present proof
559	that he or she has a valid motorcycle endorsement as required in
560	chapter 322. A registration is not required for any motor
561	vehicle that is not operated on the roads of this state during
562	the registration period.
563	Section 15.  Subsection (13) of section 320.02, Florida
564	Statutes, is repealed.
565	Section 16.  Section 320.0706, Florida Statutes, is amended
566	to read:
567	320.0706  Display of license plates on trucks.--The owner
568	of any commercial truck of gross vehicle weight of 26,001 pounds
569	or more shall display the registration license plate on both the
570	front and rear of the truck in conformance with all the
571	requirements of s. 316.605 that do not conflict with this
572	section. The owner of a dump truck may place the rear license
573	plate on the gate no higher than 60 inches to allow for better
574	visibility. However, the owner of a truck tractor shall be
575	required to display the registration license plate only on the
576	front of such vehicle. A violation of this section is a
577	noncriminal traffic infraction, punishable as a moving violation
578	as provided in chapter 318.
579	Section 17.  Subsection (4) of section 320.0715, Florida
580	Statutes, is amended to read:
581	320.0715  International Registration Plan; motor carrier
582	services; permits; retention of records.--
583	(4)  Each motor carrier registered under the International
584	Registration Plan shall maintain and keep, for a period of 4
585	years, pertinent records and papers as may be required by the
586	department for the reasonable administration of this chapter.
587	(a)  The department shall withhold registrations and
588	license plates for commercial motor vehicles unless the
589	identifying number issued by the federal agency responsible for
590	motor carrier safety is provided for the motor carrier and the
591	entity responsible for motor carrier safety for each motor
592	vehicle as part of the application process.
593	(b)  The department may not issue a commercial motor
594	vehicle registration or license plate to, and may not transfer
595	the commercial motor vehicle registration or license plate for,
596	a motor carrier or vehicle owner who has been prohibited from
597	operating by a federal or state agency responsible for motor
598	carrier safety.
599	(c)  The department, with notice, shall suspend any
600	commercial motor vehicle registration and license plate issued
601	to a motor carrier or vehicle owner who has been prohibited from
602	operating by a federal or state agency responsible for motor
603	carrier safety.
604	Section 18.  Subsection (3) of section 320.08053, Florida
605	Statutes, is amended to read:
606	320.08053  Requirements for requests to establish specialty
607	license plates.--
608	(3)  The department shall adopt rules providing viewpoint-
609	neutral specifications for the design of specialty license
610	plates that promote or enhance the readability of all specialty
611	license plates and that discourage counterfeiting. The rules
612	shall provide uniform specifications requiring inclusion of the
613	word "Florida" in the same location on each specialty license
614	plate, in such a size and location that is clearly identifiable
615	on the specialty license plate when mounted on a vehicle, and
616	shall provide specifications for the size and location of any
617	words or logos appearing on a specialty license plate.
618	Section 19.  Paragraph (a) of subsection (4) of section
619	320.0894, Florida Statutes, is amended to read:
620	320.0894  Motor vehicle license plates to Gold Star family
621	members.--The department shall develop a special license plate
622	honoring the family members of servicemembers who have been
623	killed while serving in the Armed Forces of the United States.
624	The license plate shall be officially designated as the Gold
625	Star license plate and shall be developed and issued as provided
626	in this section.
627	(4)(a)1.a.  The Gold Star license plate shall be issued
628	only to family members of a servicemember who resided in Florida
629	at the time of the death of the servicemember.
630	b.  Any family member, as defined in subparagraph 2., of a
631	servicemember killed while serving may be issued a Gold Star
632	license plate upon payment of the license tax and appropriate
633	fees as provided in paragraph (3)(a) without regard to the state
634	of residence of the servicemember.
635	2.  To qualify for issuance of a Gold Star license plate,
636	the applicant must be directly related to a fallen servicemember
637	as spouse, legal mother or father, or stepparent who is
638	currently married to the mother or father of the fallen
639	servicemember.
640	3.  A servicemember is deemed to have been killed while in
641	service as listed by the United States Department of Defense and
642	may be verified from documentation directly from the Department
643	of Defense or from its subordinate agencies, such as the Coast
644	Guard, Reserve, or National Guard.
645	Section 20.  Paragraph (b) of subsection (9) of section
646	320.27, Florida Statutes, is amended to read:
647	320.27  Motor vehicle dealers.--
648	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
649	(b)  The department may deny, suspend, or revoke any
650	license issued hereunder or under the provisions of s. 320.77 or
651	s. 320.771 upon proof that a licensee has committed, with
652	sufficient frequency so as to establish a pattern of wrongdoing
653	on the part of a licensee, violations of one or more of the
654	following activities:
655	1.  Representation that a demonstrator is a new motor
656	vehicle, or the attempt to sell or the sale of a demonstrator as
657	a new motor vehicle without written notice to the purchaser that
658	the vehicle is a demonstrator. For the purposes of this section,
659	a "demonstrator," a "new motor vehicle," and a "used motor
660	vehicle" shall be defined as under s. 320.60.
661	2.  Unjustifiable refusal to comply with a licensee's
662	responsibility under the terms of the new motor vehicle warranty
663	issued by its respective manufacturer, distributor, or importer.
664	However, if such refusal is at the direction of the
665	manufacturer, distributor, or importer, such refusal shall not
666	be a ground under this section.
667	3.  Misrepresentation or false, deceptive, or misleading
668	statements with regard to the sale or financing of motor
669	vehicles which any motor vehicle dealer has, or causes to have,
670	advertised, printed, displayed, published, distributed,
671	broadcast, televised, or made in any manner with regard to the
672	sale or financing of motor vehicles.
673	4.  Failure by any motor vehicle dealer to provide a
674	customer or purchaser with an odometer disclosure statement and
675	a copy of any bona fide written, executed sales contract or
676	agreement of purchase connected with the purchase of the motor
677	vehicle purchased by the customer or purchaser.
678	5.  Failure of any motor vehicle dealer to comply with the
679	terms of any bona fide written, executed agreement, pursuant to
680	the sale of a motor vehicle.
681	6.  Failure to apply for transfer of a title as prescribed
682	in s. 319.23(6).
683	7.  Use of the dealer license identification number by any
684	person other than the licensed dealer or his or her designee.
685	8.  Failure to continually meet the requirements of the
686	licensure law.
687	9.  Representation to a customer or any advertisement to
688	the public representing or suggesting that a motor vehicle is a
689	new motor vehicle if such vehicle lawfully cannot be titled in
690	the name of the customer or other member of the public by the
691	seller using a manufacturer's statement of origin as permitted
692	in s. 319.23(1).
693	10.  Requirement by any motor vehicle dealer that a
694	customer or purchaser accept equipment on his or her motor
695	vehicle which was not ordered by the customer or purchaser.
696	11.  Requirement by any motor vehicle dealer that any
697	customer or purchaser finance a motor vehicle with a specific
698	financial institution or company.
699	12.  Requirement by any motor vehicle dealer that the
700	purchaser of a motor vehicle contract with the dealer for
701	physical damage insurance.
702	13.  Perpetration of a fraud upon any person as a result of
703	dealing in motor vehicles, including, without limitation, the
704	misrepresentation to any person by the licensee of the
705	licensee's relationship to any manufacturer, importer, or
706	distributor.
707	14.  Violation of any of the provisions of s. 319.35 by any
708	motor vehicle dealer.
709	15.  Sale by a motor vehicle dealer of a vehicle offered in
710	trade by a customer prior to consummation of the sale, exchange,
711	or transfer of a newly acquired vehicle to the customer, unless
712	the customer provides written authorization for the sale of the
713	trade-in vehicle prior to delivery of the newly acquired
714	vehicle.
715	16.  Willful failure to comply with any administrative rule
716	adopted by the department or the provisions of s. 320.131(8).
717	17.  Violation of chapter 319, this chapter, or ss.
718	559.901-559.9221, which has to do with dealing in or repairing
719	motor vehicles or mobile homes. Additionally, in the case of
720	used motor vehicles, the willful violation of the federal law
721	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
722	the consumer sales window form.
723	18.  Failure to maintain evidence of notification to the
724	owner or coowner of a vehicle regarding registration or titling
725	fees owed as required in s. 320.02(16)(17).
726	19.  Failure to register a mobile home salesperson with the
727	department as required by this section.
728	Section 21.  Subsections (10) through (44) of section
729	322.01, Florida Statutes, are renumbered as subsections (11)
730	through (45), respectively, present subsections (10), (23), and
731	(29) are amended, and a new subsection (10) is added to that
732	section, to read:
733	322.01  Definitions.--As used in this chapter:
734	(10)  "Convenience service" means any means whereby an
735	individual conducts a transaction with the department other than
736	in person.
737	(11)(10)(a)  "Conviction" means a conviction of an offense
738	relating to the operation of motor vehicles on highways which is
739	a violation of this chapter or any other such law of this state
740	or any other state, including an admission or determination of a
741	noncriminal traffic infraction pursuant to s. 318.14, or a
742	judicial disposition of an offense committed under any federal
743	law substantially conforming to the aforesaid state statutory
744	provisions.
745	(b)  Notwithstanding any other provisions of this chapter,
746	the definition of "conviction" provided in 49 C.F.R. part 383.5
747	applies to offenses committed in a commercial motor vehicle or
748	by a person holding a commercial driver's license.
749	(24)(23)  "Hazardous materials" means any material that has
750	been designated as hazardous under 49 U.S.C. s. 5103 and is
751	required to be placarded under subpart F of 49 C.F.R. part 172
752	or any quantity of a material listed as a select agent or toxin
753	in 42 C.F.R. part 73 has the meaning such term has under s. 103
754	of the Hazardous Materials Transportation Act.
755	(30)(29)  "Out-of-service order" means a prohibition issued
756	by an authorized local, state, or Federal Government official
757	which precludes a person from driving a commercial motor vehicle
758	for a period of 72 hours or less.
759	Section 22.  Subsection (1) of section 322.03, Florida
760	Statutes, is amended to read:
761	322.03  Drivers must be licensed; penalties.--
762	(1)  Except as otherwise authorized in this chapter, a
763	person may not drive any motor vehicle upon a highway in this
764	state unless such person has a valid driver's license under the
765	provisions of this chapter.
766	(a)  A person who drives a commercial motor vehicle shall
767	not receive a driver's license unless and until he or she
768	surrenders to the department all driver's licenses in his or her
769	possession issued to him or her by any other jurisdiction or
770	makes an affidavit that he or she does not possess a driver's
771	license. Any such person who fails to surrender such licenses or
772	who makes a false affidavit concerning such licenses is guilty
773	of a misdemeanor of the first degree, punishable as provided in
774	s. 775.082 or s. 775.083.
775	(b)  A person who does not drive a commercial motor vehicle
776	is not required to surrender a license issued by another
777	jurisdiction, upon a showing to the department that such license
778	is necessary because of employment or part-time residence. Any
779	person who retains a driver's license because of employment or
780	part-time residence shall, upon qualifying for a license in this
781	state, be issued a driver's license which shall be valid within
782	this state only. All surrendered licenses may be returned by the
783	department to the issuing jurisdiction together with information
784	that the licensee is now licensed in a new jurisdiction or may
785	be destroyed by the department, which shall notify the issuing
786	jurisdiction of such destruction. A person may not have more
787	than one valid Florida driver's license at any time.
788	(c)  Part-time residents issued a license pursuant to
789	paragraph (b) may continue to hold such license until the next
790	regularly scheduled renewal. Licenses that are identified as
791	"Valid in Florida only" may not be issued or renewed effective
792	July 1, 2009. This paragraph expires June 30, 2017.
793	Section 23.  Subsections (1) and (2) of section 322.051,
794	Florida Statutes, are amended to read:
795	322.051  Identification cards.--
796	(1)  Any person who is 5 years of age or older, or any
797	person who has a disability, regardless of age, who applies for
798	a disabled parking permit under s. 320.0848, may be issued an
799	identification card by the department upon completion of an
800	application and payment of an application fee.
801	(a)  Each such application shall include the following
802	information regarding the applicant:
803	1.  Full name (first, middle or maiden, and last), gender,
804	proof of social security card number satisfactory to the
805	department, county of residence, and mailing address, proof of
806	residential address satisfactory to the department, country of
807	birth, and a brief description.
808	2.  Proof of birth date satisfactory to the department.
809	3.  Proof of identity satisfactory to the department. Such
810	proof must include one of the following documents issued to the
811	applicant:
812	a.  A driver's license record or identification card record
813	from another jurisdiction that required the applicant to submit
814	a document for identification which is substantially similar to
815	a document required under sub-subparagraph b., sub-subparagraph
816	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
817	f., or sub-subparagraph g., or sub-subparagraph h.;
818	b.  A certified copy of a United States birth certificate;
819	c.  A valid, unexpired United States passport;
820	d.  A naturalization certificate issued by the United
821	States Department of Homeland Security;
822	e.  A valid, unexpired An alien registration receipt card
823	(green card);
824	f.  A Consular Report of Birth Abroad provided by the
825	United States Department of State;
826	g.f.  An unexpired employment authorization card issued by
827	the United States Department of Homeland Security; or
828	h.g.  Proof of nonimmigrant classification provided by the
829	United States Department of Homeland Security, for an original
830	identification card. In order to prove such nonimmigrant
831	classification, applicants may produce but are not limited to
832	the following documents:
833	(I)  A notice of hearing from an immigration court
834	scheduling a hearing on any proceeding.
835	(II)  A notice from the Board of Immigration Appeals
836	acknowledging pendency of an appeal.
837	(III)  Notice of the approval of an application for
838	adjustment of status issued by the United States Bureau of
839	Citizenship and Immigration Services.
840	(IV)  Any official documentation confirming the filing of a
841	petition for asylum or refugee status or any other relief issued
842	by the United States Bureau of Citizenship and Immigration
843	Services.
844	(V)  Notice of action transferring any pending matter from
845	another jurisdiction to Florida, issued by the United States
846	Bureau of Citizenship and Immigration Services.
847	(VI)  Order of an immigration judge or immigration officer
848	granting any relief that authorizes the alien to live and work
849	in the United States including, but not limited to asylum.
850	(VII)  Evidence that an application is pending for
851	adjustment of status to that of an alien lawfully admitted for
852	permanent residence in the United States or conditional
853	permanent resident status in the United States, if a visa number
854	is available having a current priority date for processing by
855	the United States Bureau of Citizenship and Immigration
856	Services.
857	(VIII)  On or after January 1, 2010, an unexpired foreign
858	passport with an unexpired United States Visa affixed,
859	accompanied by an approved I-94, documenting the most recent
860	admittance into the United States.
861
862	Presentation of any of the documents described in sub-
863	subparagraph g. f. or sub-subparagraph h. g. entitles the
864	applicant to an identification card for a period not to exceed
865	the expiration date of the document presented or 1 year,
866	whichever first occurs.
867	(b)  An application for an identification card must be
868	signed and verified by the applicant in a format designated by
869	the department before a person authorized to administer oaths
870	and payment of the applicable fee pursuant to s. 322.21. The fee
871	for an identification card is $3, including payment for the
872	color photograph or digital image of the applicant.
873	(c)  Each such applicant may include fingerprints and any
874	other unique biometric means of identity.
875	(2)(a)  Every identification card:
876	1.  Issued to a person 5 years of age to 14 years of age
877	shall expire, unless canceled earlier, on the fourth birthday of
878	the applicant following the date of original issue.
879	2.  Issued to a person 15 years of age and older shall
880	expire, unless canceled earlier, on the eighth birthday of the
881	applicant following the date of original issue.
882
883	Renewal of an identification card shall be made for the
884	applicable term enumerated in this paragraph. However, if an
885	individual is 60 years of age or older, and has an
886	identification card issued under this section, the card shall
887	not expire unless done so by cancellation by the department or
888	by the death of the cardholder. Renewal of any identification
889	card shall be made for a term which shall expire on the fourth
890	birthday of the applicant following expiration of the
891	identification card renewed, unless surrendered earlier. Any
892	application for renewal received later than 90 days after
893	expiration of the identification card shall be considered the
894	same as an application for an original identification card. The
895	renewal fee for an identification card shall be $10, of which $4
896	shall be deposited into the General Revenue Fund and $6 into the
897	Highway Safety Operating Trust Fund. The department shall, at
898	the end of 4 years and 6 months after the issuance or renewal of
899	an identification card, destroy any record of the card if it has
900	expired and has not been renewed, unless the cardholder is 60
901	years of age or older.
902	(b)  Notwithstanding any other provision of this chapter,
903	if an applicant establishes his or her identity for an
904	identification card using a document authorized under sub-
905	subparagraph (1)(a)3.e., the identification card shall expire on
906	the eighth fourth birthday of the applicant following the date
907	of original issue or upon first renewal or duplicate issued
908	after implementation of this section. After an initial showing
909	of such documentation, he or she is exempted from having to
910	renew or obtain a duplicate in person.
911	(c)  Notwithstanding any other provisions of this chapter,
912	if an applicant establishes his or her identity for an
913	identification card using an identification document authorized
914	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
915	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
916	year 2 years after the date of issuance or upon the expiration
917	date cited on the United States Department of Homeland Security
918	documents, whichever date first occurs, and may not be renewed
919	or obtain a duplicate except in person.
920	Section 24.  Subsections (1), (2), and (6) of section
921	322.08, Florida Statutes, are amended to read:
922	322.08  Application for license.--
923	(1)  Each application for a driver's license shall be made
924	in a format designated by the department and sworn to or
925	affirmed by the applicant as to the truth of the statements made
926	in the application.
927	(2)  Each such application shall include the following
928	information regarding the applicant:
929	(a)  Full name (first, middle or maiden, and last), gender,
930	proof of social security card number satisfactory to the
931	department, county of residence, and mailing address, proof of
932	residential address satisfactory to the department, country of
933	birth, and a brief description.
934	(b)  Proof of birth date satisfactory to the department.
935	(c)  Proof of identity satisfactory to the department. Such
936	proof must include one of the following documents issued to the
937	applicant:
938	1.  A driver's license record or identification card record
939	from another jurisdiction that required the applicant to submit
940	a document for identification which is substantially similar to
941	a document required under subparagraph 2., subparagraph 3.,
942	subparagraph 4., subparagraph 5., subparagraph 6., or
943	subparagraph 7., or subparagraph 8.;
944	2.  A certified copy of a United States birth certificate;
945	3.  A valid, unexpired United States passport;
946	4.  A naturalization certificate issued by the United
947	States Department of Homeland Security;
948	5.  A valid, unexpired An alien registration receipt card
949	(green card);
950	6.  A Consular Report of Birth Abroad provided by the
951	United States Department of State;
952	7.6.  An unexpired employment authorization card issued by
953	the United States Department of Homeland Security; or
954	8.7.  Proof of nonimmigrant classification provided by the
955	United States Department of Homeland Security, for an original
956	driver's license. In order to prove nonimmigrant classification,
957	an applicant may produce the following documents, including, but
958	not limited to:
959	a.  A notice of hearing from an immigration court
960	scheduling a hearing on any proceeding.
961	b.  A notice from the Board of Immigration Appeals
962	acknowledging pendency of an appeal.
963	c.  A notice of the approval of an application for
964	adjustment of status issued by the United States Bureau of
965	Citizenship and Immigration Services.
966	d.  Any official documentation confirming the filing of a
967	petition for asylum or refugee status or any other relief issued
968	by the United States Bureau of Citizenship and Immigration
969	Services.
970	e.  A notice of action transferring any pending matter from
971	another jurisdiction to this state issued by the United States
972	Bureau of Citizenship and Immigration Services.
973	f.  An order of an immigration judge or immigration officer
974	granting any relief that authorizes the alien to live and work
975	in the United States, including, but not limited to, asylum.
976	g.  Evidence that an application is pending for adjustment
977	of status to that of an alien lawfully admitted for permanent
978	residence in the United States or conditional permanent resident
979	status in the United States, if a visa number is available
980	having a current priority date for processing by the United
981	States Bureau of Citizenship and Immigration Services.
982	h.  On or after January 1, 2010, an unexpired foreign
983	passport with an unexpired United States Visa affixed,
984	accompanied by an approved I-94, documenting the most recent
985	admittance into the United States.
986
987	Presentation of any of the documents in subparagraph 7. 6. or
988	subparagraph 8. 7. entitles the applicant to a driver's license
989	or temporary permit for a period not to exceed the expiration
990	date of the document presented or 1 year, whichever occurs
991	first.
992	(d)  Whether the applicant has previously been licensed to
993	drive, and, if so, when and by what state, and whether any such
994	license or driving privilege has ever been disqualified,
995	revoked, or suspended, or whether an application has ever been
996	refused, and, if so, the date of and reason for such
997	disqualification, suspension, revocation, or refusal.
998	(e)  Each such application may include fingerprints and
999	other unique biometric means of identity.
1000	(6)  The application form for a driver's license or
1001	duplicate thereof shall include language permitting the
1002	following:
1003	(a)  A voluntary contribution of $5 per applicant, which
1004	contribution shall be transferred into the Election Campaign
1005	Financing Trust Fund.
1006	(a)(b)  A voluntary contribution of $1 per applicant, which
1007	contribution shall be deposited into the Florida Organ and
1008	Tissue Donor Education and Procurement Trust Fund for organ and
1009	tissue donor education and for maintaining the organ and tissue
1010	donor registry.
1011	(b)(c)  A voluntary contribution of $1 per applicant, which
1012	contribution shall be distributed to the Florida Council of the
1013	Blind.
1014	(c)(d)  A voluntary contribution of $2 per applicant, which
1015	shall be distributed to the Hearing Research Institute,
1016	Incorporated.
1017	(d)(e)  A voluntary contribution of $1 per applicant, which
1018	shall be distributed to the Juvenile Diabetes Foundation
1019	International.
1020	(e)(f)  A voluntary contribution of $1 per applicant, which
1021	shall be distributed to the Children's Hearing Help Fund.
1022
1023	A statement providing an explanation of the purpose of the trust
1024	funds shall also be included. For the purpose of applying the
1025	service charge provided in s. 215.20, contributions received
1026	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1027	and under s. 322.18(9)(a) are not income of a revenue nature.
1028	Section 25.  Paragraph (a) of subsection (1) of section
1029	322.14, Florida Statutes, is amended to read:
1030	322.14  Licenses issued to drivers.--
1031	(1)(a)  The department shall, upon successful completion of
1032	all required examinations and payment of the required fee, issue
1033	to every applicant qualifying therefor, a driver's license as
1034	applied for, which license shall bear thereon a color photograph
1035	or digital image of the licensee; the name of the state; a
1036	distinguishing number assigned to the licensee; and the
1037	licensee's full name, date of birth, and residence mailing
1038	address; a brief description of the licensee, including, but not
1039	limited to, the licensee's gender and height; and the dates of
1040	issuance and expiration of the license. A space shall be
1041	provided upon which the licensee shall affix his or her usual
1042	signature. No license shall be valid until it has been so signed
1043	by the licensee except that the signature of said licensee shall
1044	not be required if it appears thereon in facsimile or if the
1045	licensee is not present within the state at the time of
1046	issuance. Applicants qualifying to receive a Class A, Class B,
1047	or Class C driver's license must appear in person within the
1048	state for issuance of a color photographic or digital imaged
1049	driver's license pursuant to s. 322.142.
1050	Section 26.  Section 322.15, Florida Statutes, is amended
1051	to read:
1052	322.15  License to be carried and exhibited on demand;
1053	fingerprint to be imprinted upon a citation.--
1054	(1)  Every licensee shall have his or her driver's license,
1055	which must be fully legible with no portion of such license
1056	faded, altered, mutilated, or defaced, in his or her immediate
1057	possession at all times when operating a motor vehicle and shall
1058	display the same upon the demand of a law enforcement officer or
1059	an authorized representative of the department.
1060	(2)  Upon the failure of any person to display a driver's
1061	license as required by subsection (1), the law enforcement
1062	officer or authorized representative of the department stopping
1063	the person shall require the person to imprint his or her
1064	fingerprints fingerprint upon any citation issued by the officer
1065	or authorized representative, or the officer or authorized
1066	representative shall collect the fingerprints electronically.
1067	(3)  In relation to violations of subsection (1) or s.
1068	322.03(5), persons who cannot supply proof of a valid driver's
1069	license for the reason that the license was suspended for
1070	failure to comply with that citation shall be issued a
1071	suspension clearance by the clerk of the court for that citation
1072	upon payment of the applicable penalty and fee for that
1073	citation. If proof of a valid driver's license is not provided
1074	to the clerk of the court within 30 days, the person's driver's
1075	license shall again be suspended for failure to comply.
1076	(4)  A violation of subsection (1) is a noncriminal traffic
1077	infraction, punishable as a nonmoving violation as provided in
1078	chapter 318.
1079	Section 27.  Section 322.17, Florida Statutes, is amended
1080	to read:
1081	322.17  Duplicate and replacement certificates.--
1082	(1)(a)  In the event that an instruction permit or driver's
1083	license issued under the provisions of this chapter is lost or
1084	destroyed, the person to whom the same was issued may, upon
1085	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1086	a replacement duplicate, or substitute thereof, upon furnishing
1087	proof satisfactory to the department that such permit or license
1088	has been lost or destroyed, and further furnishing the full
1089	name, date of birth, sex, residence and mailing address, proof
1090	of birth satisfactory to the department, and proof of identity
1091	satisfactory to the department. Five dollars of the fee levied
1092	in this paragraph shall go to the Highway Safety Operating Trust
1093	Fund of the department.
1094	(b)  In the event that an instruction permit or driver's
1095	license issued under the provisions of this chapter is stolen,
1096	the person to whom the same was issued may, at no charge, obtain
1097	a replacement duplicate, or substitute thereof, upon furnishing
1098	proof satisfactory to the department that such permit or license
1099	was stolen and further furnishing the full name, date of birth,
1100	sex, residence and mailing address, proof of birth satisfactory
1101	to the department, and proof of identity satisfactory to the
1102	department.
1103	(2)  Upon the surrender of the original license and the
1104	payment of the appropriate fees pursuant to s. 322.21 a $10
1105	replacement fee, the department shall issue a replacement
1106	license to make a change in name, address, or restrictions. Upon
1107	written request by the licensee and notification of a change in
1108	address, and the payment of a $10 fee, the department shall
1109	issue an address sticker which shall be affixed to the back of
1110	the license by the licensee. Nine dollars of the fee levied in
1111	this subsection shall go to the Highway Safety Operating Trust
1112	Fund of the department.
1113	(3)  Notwithstanding any other provisions of this chapter,
1114	if a licensee establishes his or her identity for a driver's
1115	license using an identification document authorized under s.
1116	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
1117	duplicate or replacement instruction permit or driver's license
1118	except in person and upon submission of an identification
1119	document authorized under s. 322.08(2)(c)7.6. or 8.7.
1120	Section 28.  Subsections (2), (4), (5), (8), and (9) of
1121	section 322.18, Florida Statutes, are amended to read:
1122	322.18  Original applications, licenses, and renewals;
1123	expiration of licenses; delinquent licenses.--
1124	(2)  Each applicant who is entitled to the issuance of a
1125	driver's license, as provided in this section, shall be issued a
1126	driver's license, as follows:
1127	(a)  An applicant who has not attained 80 years of age
1128	applying for an original issuance shall be issued a driver's
1129	license that which expires at midnight on the licensee's
1130	birthday which next occurs on or after the eighth sixth
1131	anniversary of the date of issue. An applicant who is at least
1132	80 years of age applying for an original issuance shall be
1133	issued a driver's license that expires at midnight on the
1134	licensee's birthday that next occurs on or after the sixth
1135	anniversary of the date of issue.
1136	(b)  An applicant who has not attained 80 years of age
1137	applying for a renewal issuance or renewal extension shall be
1138	issued a driver's license that or renewal extension sticker
1139	which expires at midnight on the licensee's birthday that which
1140	next occurs 8 4 years after the month of expiration of the
1141	license being renewed. An applicant who is at least 80 years of
1142	age applying for a renewal issuance shall be issued a driver's
1143	license that, except that a driver whose driving record reflects
1144	no convictions for the preceding 3 years shall be issued a
1145	driver's license or renewal extension sticker which expires at
1146	midnight on the licensee's birthday that which next occurs 6
1147	years after the month of expiration of the license being
1148	renewed.
1149	(c)  Notwithstanding any other provision of this chapter,
1150	if an applicant establishes his or her identity for a driver's
1151	license using a document authorized under s. 322.08(2)(c)5., the
1152	driver's license shall expire in accordance with paragraph (b).
1153	After an initial showing of such documentation, he or she is
1154	exempted from having to renew or obtain a duplicate in person.
1155	(d)  Notwithstanding any other provision of this chapter,
1156	if an applicant establishes his or her identity for a driver's
1157	license using a document authorized in s. 322.08(2)(c)7.6. or
1158	8.7., the driver's license shall expire 1 year 2 years after the
1159	date of issuance or upon the expiration date cited on the United
1160	States Department of Homeland Security documents, whichever date
1161	first occurs.
1162	(e)  Notwithstanding any other provision of this chapter,
1163	an applicant applying for an original or renewal issuance of a
1164	commercial driver's license as defined in s. 322.01(7), with a
1165	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1166	shall be issued a driver's license that expires at midnight on
1167	the licensee's birthday that next occurs 4 years after the month
1168	of expiration of the license being issued or renewed.
1169	(4)(a)  Except as otherwise provided in this chapter, all
1170	licenses shall be renewable every 8 4 years or 6 years,
1171	depending upon the terms of issuance and shall be issued or
1172	renewed extended upon application, payment of the fees required
1173	by s. 322.21, and successful passage of any required
1174	examination, unless the department has reason to believe that
1175	the licensee is no longer qualified to receive a license.
1176	(b)  Notwithstanding any other provision of this chapter,
1177	if an applicant establishes his or her identity for a driver's
1178	license using a document authorized under s. 322.08(2)(c)5., the
1179	license, upon an initial showing of such documentation, is
1180	exempted from having to renew or obtain a duplicate in person,
1181	unless the renewal or duplication coincides with the periodic
1182	reexamination of a driver as required pursuant to s. 322.121.
1183	(c)  Notwithstanding any other provision of this chapter,
1184	if a licensee establishes his or her identity for a driver's
1185	license using an identification document authorized under s.
1186	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1187	driver's license except in person and upon submission of an
1188	identification document authorized under s. 322.08(2)(c)7.6. or
1189	8.7. A driver's license renewed under this paragraph expires 1
1190	year 4 years after the date of issuance or upon the expiration
1191	date cited on the United States Department of Homeland Security
1192	documents, whichever date first occurs.
1193	(5)  All renewal driver's licenses may be issued after the
1194	applicant licensee has been determined to be eligible by the
1195	department.
1196	(a)  A licensee who is otherwise eligible for renewal and
1197	who is at least 80 over 79 years of age:
1198	1.  Must submit to and pass a vision test administered at
1199	any driver's license office; or
1200	2.  If the licensee applies for a renewal using a
1201	convenience service an extension by mail as provided in
1202	subsection (8), he or she must submit to a vision test
1203	administered by a physician licensed under chapter 458 or
1204	chapter 459, or an optometrist licensed under chapter 463, must
1205	send the results of that test to the department on a form
1206	obtained from the department and signed by such health care
1207	practitioner, and must meet vision standards that are equivalent
1208	to the standards for passing the departmental vision test. The
1209	physician or optometrist may submit the results of a vision test
1210	by a department-approved electronic means.
1211	(b)  A licensee who is at least 80 over 79 years of age may
1212	not submit an application for renewal extension under subsection
1213	(8) by a convenience service electronic or telephonic means,
1214	unless the results of a vision test have been electronically
1215	submitted in advance by the physician or optometrist.
1216	(8)  The department shall issue 8-year renewals using a
1217	convenience service 4-year and 6-year license extensions by
1218	mail, electronic, or telephonic means without reexamination to
1219	drivers who have not attained 80 years of age. The department
1220	shall issue 6-year renewals using a convenience service when the
1221	applicant has satisfied the requirements of subsection (5).
1222	(a)  If the department determines from its records that the
1223	holder of a license about to expire is eligible for renewal, the
1224	department shall mail a renewal notice to the licensee at his or
1225	her last known address, not less than 30 days prior to the
1226	licensee's birthday. The renewal notice shall direct the
1227	licensee to appear at a driver license office for in-person
1228	renewal or to transmit the completed renewal notice and the fees
1229	required by s. 322.21 to the department using a convenience
1230	service by mail, electronically, or telephonically within the 30
1231	days preceding the licensee's birthday for a license extension.
1232	License extensions shall not be available to drivers directed to
1233	appear for in-person renewal.
1234	(b)  Upon receipt of a properly completed renewal notice,
1235	payment of the required fees, and upon determining that the
1236	licensee is still eligible for renewal, the department shall
1237	send a new license extension sticker to the licensee to affix to
1238	the expiring license as evidence that the license term has been
1239	extended.
1240	(c)  The department shall issue one renewal using a
1241	convenience service license extensions for two consecutive
1242	license expirations only. Upon expiration of two consecutive
1243	license extension periods, in-person renewal with reexamination
1244	as provided in s. 322.121 shall be required. A person who is out
1245	of this state when his or her license expires may be issued a
1246	90-day temporary driving permit without reexamination. At the
1247	end of the 90-day period, the person must either return to this
1248	state or apply for a license where the person is located, except
1249	for a member of the Armed Forces as provided in s. 322.121(6).
1250	(d)  In-person renewal at a driver license office shall not
1251	be available to drivers whose records indicate they were
1252	directed to apply for a license extension.
1253	(d)(e)  Any person who knowingly possesses any forged,
1254	stolen, fictitious, counterfeit, or unlawfully issued license
1255	extension sticker, unless possession by such person has been
1256	duly authorized by the department, commits a misdemeanor of the
1257	second degree, punishable as provided in s. 775.082 or s.
1258	775.083.
1259	(e)(f)  The department shall develop a plan for the
1260	equitable distribution of license extensions and renewals and
1261	the orderly implementation of this section.
1262	(9)(a)  The application form for a renewal issuance or
1263	renewal extension shall include language permitting a voluntary
1264	contribution of $1 per applicant, to be quarterly distributed by
1265	the department to Prevent Blindness Florida, a not-for-profit
1266	organization, to prevent blindness and preserve the sight of the
1267	residents of this state. A statement providing an explanation of
1268	the purpose of the funds shall be included with the application
1269	form.
1270	(b)  Prior to the department distributing the funds
1271	collected pursuant to paragraph (a), Prevent Blindness Florida
1272	must submit a report to the department that identifies how such
1273	funds were used during the preceding year.
1274	Section 29.  Subsection (4) of section 322.181, Florida
1275	Statutes, is repealed.
1276	Section 30.  Subsections (2) and (4) of section 322.19,
1277	Florida Statutes, are amended to read:
1278	322.19  Change of address or name.--
1279	(2)  Whenever any person, after applying for or receiving a
1280	driver's license, changes the residence or mailing address in
1281	the application or license, the person must, within 10 calendar
1282	days, either obtain a replacement license that reflects the
1283	change or request in writing a change-of-address sticker. A The
1284	written request to the department must include the old and new
1285	addresses and the driver's license number.
1286	(4)  Notwithstanding any other provision of this chapter,
1287	if a licensee established his or her identity for a driver's
1288	license using an identification document authorized under s.
1289	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1290	name or address except in person and upon submission of an
1291	identification document authorized under s. 322.08(2)(c)7.6. or
1292	8.7.
1293	Section 31.  Subsection (1) of section 322.21, Florida
1294	Statutes, is amended to read:
1295	322.21  License fees; procedure for handling and collecting
1296	fees.--
1297	(1)  Except as otherwise provided herein, the fee for:
1298	(a)  An original or renewal commercial driver's license is
1299	$67 $50, which shall include the fee for driver education
1300	provided by s. 1003.48; however, if an applicant has completed
1301	training and is applying for employment or is currently employed
1302	in a public or nonpublic school system that requires the
1303	commercial license, the fee shall be the same as for a Class E
1304	driver's license. A delinquent fee of $1 shall be added for a
1305	renewal made not more than 12 months after the license
1306	expiration date.
1307	(b)  An original Class E driver's license is $27 $20, which
1308	shall include the fee for driver's education provided by s.
1309	1003.48; however, if an applicant has completed training and is
1310	applying for employment or is currently employed in a public or
1311	nonpublic school system that requires a commercial driver
1312	license, the fee shall be the same as for a Class E license.
1313	(c)  The renewal or extension of a Class E driver's license
1314	or of a license restricted to motorcycle use only is $20 $15,
1315	except that a delinquent fee of $1 shall be added for a renewal
1316	or extension made not more than 12 months after the license
1317	expiration date. The fee provided in this paragraph shall
1318	include the fee for driver's education provided by s. 1003.48.
1319	(d)  An original driver's license restricted to motorcycle
1320	use only is $27 $20, which shall include the fee for driver's
1321	education provided by s. 1003.48.
1322	(e)  A replacement driver's license issued pursuant to s.
1323	322.17 is $10. Of this amount $7 shall be deposited into the
1324	Highway Safety Operating Trust Fund and $3 shall be deposited
1325	into the General Revenue Fund.
1326	(f)  An original, renewal, or replacement identification
1327	card issued pursuant to s. 322.051 is $10. Funds collected from
1328	these fees shall be distributed as follows:
1329	1.  For an original identification card issued pursuant to
1330	s. 322.051 the fee shall be $10. This amount shall be deposited
1331	into the General Revenue Fund.
1332	2.  For a renewal identification card issued pursuant to s.
1333	322.051 the fee shall be $10. Of this amount, $6 shall be
1334	deposited into the Highway Safety Operating Trust Fund and $4
1335	shall be deposited into the General Revenue Fund.
1336	3.  For a replacement identification card issued pursuant
1337	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1338	deposited into the Highway Safety Operating Trust Fund and $1
1339	shall be deposited into the General Revenue Fund.
1340	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1341	(h)(f)  A hazardous-materials endorsement, as required by
1342	s. 322.57(1)(d), shall be set by the department by rule and
1343	shall reflect the cost of the required criminal history check,
1344	including the cost of the state and federal fingerprint check,
1345	and the cost to the department of providing and issuing the
1346	license. The fee shall not exceed $100. This fee shall be
1347	deposited in the Highway Safety Operating Trust Fund. The
1348	department may adopt rules to administer this section.
1349	Section 32.  Subsection (3) of section 322.2715, Florida
1350	Statutes is amended to read:
1351	322.2715  Ignition interlock device.--
1352	(3)  If the person is convicted of:
1353	(a)  A first offense of driving under the influence under
1354	s. 316.193 and has an unlawful blood-alcohol level or breath-
1355	alcohol level as specified in s. 316.193(4), or if a person is
1356	convicted of a violation of s. 316.193 and was at the time of
1357	the offense accompanied in the vehicle by a person younger than
1358	18 years of age, the person shall have the ignition interlock
1359	device installed for 6 continuous months for the first offense
1360	and for at least 2 continuous years for a second offense.
1361	(b)  A second offense of driving under the influence, the
1362	ignition interlock device shall be installed for a period of not
1363	less than 1 continuous year.
1364	(c)  A third offense of driving under the influence which
1365	occurs within 10 years after a prior conviction for a violation
1366	of s.316.193, the ignition interlock device shall be installed
1367	for a period of not less than 2 continuous years.
1368	(d)  A third offense of driving under the influence which
1369	occurs more than 10 years after the date of a prior conviction,
1370	the ignition interlock device shall be installed for a period of
1371	not less than 2 continuous years.
1372	Section 33.  Section 322.291, Florida Statutes is amended
1373	to read:
1374	322.291  Driver improvement schools or DUI programs;
1375	required in certain suspension and revocation cases.--Except as
1376	provided in s. 322.03(2), any person:
1377	(1)  Whose driving privilege has been revoked:
1378	(a)  Upon conviction for:
1379	1.  Driving, or being in actual physical control of, any
1380	vehicle while under the influence of alcoholic beverages, any
1381	chemical substance set forth in s. 877.111, or any substance
1382	controlled under chapter 893, in violation of s. 316.193;
1383	2.  Driving with an unlawful blood- or breath-alcohol
1384	level;
1385	3.  Manslaughter resulting from the operation of a motor
1386	vehicle;
1387	4.  Failure to stop and render aid as required under the
1388	laws of this state in the event of a motor vehicle crash
1389	resulting in the death or personal injury of another;
1390	5.  Reckless driving; or
1391	(b)  As a an habitual offender;
1392	(c)  Upon direction of the court, if the court feels that
1393	the seriousness of the offense and the circumstances surrounding
1394	the conviction warrant the revocation of the licensee's driving
1395	privilege; or
1396	(2)  Whose license was suspended under the point system,
1397	was suspended for driving with an unlawful blood-alcohol level
1398	of 0.10 percent or higher before January 1, 1994, was suspended
1399	for driving with an unlawful blood-alcohol level of 0.08 percent
1400	or higher after December 31, 1993, was suspended for a violation
1401	of s. 316.193(1), or was suspended for refusing to submit to a
1402	lawful breath, blood, or urine test as provided in s. 322.2615
1403
1404	shall, before the driving privilege may be reinstated, present
1405	to the department proof of enrollment in a department-approved
1406	advanced driver improvement course operating pursuant to s.
1407	318.1451 or a substance abuse education course conducted by a
1408	DUI program licensed pursuant to s. 322.292, which shall include
1409	a psychosocial evaluation and treatment, if referred.
1410	Additionally, for a third or subsequent violation of
1411	requirements for installation of an ignition interlock device, a
1412	person must complete treatment as determined by a licensed
1413	treatment agency following a referral by a DUI program and have
1414	the duration of the ignition interlock device requirement
1415	extended by at least 1 month up to the time period required to
1416	complete treatment. If the person fails to complete such course
1417	or evaluation within 90 days after reinstatement, or
1418	subsequently fails to complete treatment, if referred, the DUI
1419	program shall notify the department of the failure. Upon receipt
1420	of the notice, the department shall cancel the offender's
1421	driving privilege, notwithstanding the expiration of the
1422	suspension or revocation of the driving privilege. The
1423	department may temporarily reinstate the driving privilege upon
1424	verification from the DUI program that the offender has
1425	completed the education course and evaluation requirement and
1426	has reentered and is currently participating in treatment. If
1427	the DUI program notifies the department of the second failure to
1428	complete treatment, the department shall reinstate the driving
1429	privilege only after notice of completion of treatment from the
1430	DUI program.
1431	Section 34.  Section 322.36, Florida Statutes, is amended
1432	to read:
1433	322.36  Permitting unauthorized operator to drive.--A No
1434	person may not shall authorize or knowingly permit a motor
1435	vehicle owned by him or her or under his or her dominion or
1436	control to be operated upon any highway or public street except
1437	by a person who is persons duly authorized to operate a motor
1438	vehicle vehicles under the provisions of this chapter. Any
1439	person who violates violating this section commits provision is
1440	guilty of a misdemeanor of the second degree, punishable as
1441	provided in s. 775.082 or s. 775.083. If a person violates this
1442	section by knowingly loaning a vehicle to a person whose
1443	driver's license is suspended and if that vehicle is involved in
1444	an accident resulting in bodily injury or death, the driver's
1445	license of the person violating this section shall be suspended
1446	for 1 year.
1447	Section 35.  Section 322.60, Florida Statutes, is repealed.
1448	Section 36.  Subsections (1) through (6) of section 322.61,
1449	Florida Statutes, are amended to read:
1450	322.61  Disqualification from operating a commercial motor
1451	vehicle.--
1452	(1)  A person who, for offenses occurring within a 3-year
1453	period, is convicted of two of the following serious traffic
1454	violations or any combination thereof, arising in separate
1455	incidents committed in a commercial motor vehicle shall, in
1456	addition to any other applicable penalties, be disqualified from
1457	operating a commercial motor vehicle for a period of 60 days. A
1458	holder of a commercial driver's license person who, for offenses
1459	occurring within a 3-year period, is convicted of two of the
1460	following serious traffic violations, or any combination
1461	thereof, arising in separate incidents committed in a
1462	noncommercial motor vehicle shall, in addition to any other
1463	applicable penalties, be disqualified from operating a
1464	commercial motor vehicle for a period of 60 days if such
1465	convictions result in the suspension, revocation, or
1466	cancellation of the licenseholder's driving privilege:
1467	(a)  A violation of any state or local law relating to
1468	motor vehicle traffic control, other than a parking violation, a
1469	weight violation, or a vehicle equipment violation, arising in
1470	connection with a crash resulting in death or personal injury to
1471	any person;
1472	(b)  Reckless driving, as defined in s. 316.192;
1473	(c)  Careless driving, as defined in s. 316.1925;
1474	(d)  Fleeing or attempting to elude a law enforcement
1475	officer, as defined in s. 316.1935;
1476	(e)  Unlawful speed of 15 miles per hour or more above the
1477	posted speed limit;
1478	(f)  Driving a commercial motor vehicle, owned by such
1479	person, which is not properly insured;
1480	(g)  Improper lane change, as defined in s. 316.085;
1481	(h)  Following too closely, as defined in s. 316.0895;
1482	(i)  Driving a commercial vehicle without obtaining a
1483	commercial driver's license;
1484	(j)  Driving a commercial vehicle without the proper class
1485	of commercial driver's license or without the proper
1486	endorsement; or
1487	(k)  Driving a commercial vehicle without a commercial
1488	driver's license in possession, as required by s. 322.03. Any
1489	individual who provides proof to the clerk of the court or
1490	designated official in the jurisdiction where the citation was
1491	issued, by the date the individual must appear in court or pay
1492	any fine for such a violation, that the individual held a valid
1493	commercial driver's license on the date the citation was issued
1494	is not guilty of this offense.
1495	(2)(a)  Any person who, for offenses occurring within a 3-
1496	year period, is convicted of three serious traffic violations
1497	specified in subsection (1) or any combination thereof, arising
1498	in separate incidents committed in a commercial motor vehicle
1499	shall, in addition to any other applicable penalties, including
1500	but not limited to the penalty provided in subsection (1), be
1501	disqualified from operating a commercial motor vehicle for a
1502	period of 120 days.
1503	(b)  A holder of a commercial driver's license person who,
1504	for offenses occurring within a 3-year period, is convicted of
1505	three serious traffic violations specified in subsection (1) or
1506	any combination thereof arising in separate incidents committed
1507	in a noncommercial motor vehicle shall, in addition to any other
1508	applicable penalties, including, but not limited to, the penalty
1509	provided in subsection (1), be disqualified from operating a
1510	commercial motor vehicle for a period of 120 days if such
1511	convictions result in the suspension, revocation, or
1512	cancellation of the licenseholder's driving privilege.
1513	(3)(a)  Except as provided in subsection (4), any person
1514	who is convicted of one of the following offenses listed in
1515	paragraph (b) while operating a commercial motor vehicle shall,
1516	in addition to any other applicable penalties, be disqualified
1517	from operating a commercial motor vehicle for a period of 1
1518	year:
1519	(b)  Except as provided in subsection (4), any holder of a
1520	commercial driver's license who is convicted of one of the
1521	offenses listed in this paragraph while operating a
1522	noncommercial motor vehicle shall, in addition to any other
1523	applicable penalties, be disqualified from operating a
1524	commercial motor vehicle for a period of 1 year:
1525	1.(a)  Driving a commercial motor vehicle while he or she
1526	is under the influence of alcohol or a controlled substance;
1527	2.(b)  Driving a commercial motor vehicle while the alcohol
1528	concentration of his or her blood, breath, or urine is .04
1529	percent or higher;
1530	3.(c)  Leaving the scene of a crash involving a commercial
1531	motor vehicle driven by such person;
1532	4.(d)  Using a commercial motor vehicle in the commission
1533	of a felony;
1534	5.(e)  Driving a commercial motor vehicle while in
1535	possession of a controlled substance;
1536	6.(f)  Refusing to submit to a test to determine his or her
1537	alcohol concentration while driving a commercial motor vehicle;
1538	7.(g)  Driving a commercial vehicle while the
1539	licenseholder's commercial driver's license is suspended,
1540	revoked, or canceled or while the licenseholder is disqualified
1541	from driving a commercial vehicle; or
1542	8.(h)  Causing a fatality through the negligent operation
1543	of a commercial motor vehicle.
1544	(4)  Any person who is transporting hazardous materials as
1545	defined in s. 322.01(24) in a vehicle that is required to be
1546	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1547	shall, upon conviction of an offense specified in subsection
1548	(3), be disqualified from operating a commercial motor vehicle
1549	for a period of 3 years. The penalty provided in this subsection
1550	shall be in addition to any other applicable penalty.
1551	(5)  Any person who is convicted of two violations
1552	specified in subsection (3) which were committed while operating
1553	a commercial motor vehicle, or any combination thereof, arising
1554	in separate incidents shall be permanently disqualified from
1555	operating a commercial motor vehicle. Any holder of a commercial
1556	driver's license who is convicted of two violations specified in
1557	subsection (3) which were committed while operating a
1558	noncommercial motor vehicle, or any combination thereof, arising
1559	in separate incidents shall be permanently disqualified from
1560	operating a commercial motor vehicle. The penalty provided in
1561	this subsection is shall be in addition to any other applicable
1562	penalty.
1563	(6)  Notwithstanding subsections (3), (4), and (5), any
1564	person who uses a commercial motor vehicle in the commission of
1565	any felony involving the manufacture, distribution, or
1566	dispensing of a controlled substance, including possession with
1567	intent to manufacture, distribute, or dispense a controlled
1568	substance, shall, upon conviction of such felony, be permanently
1569	disqualified from operating a commercial motor vehicle.
1570	Notwithstanding subsections (3), (4), and (5), any holder of a
1571	commercial driver's license who uses a noncommercial motor
1572	vehicle in the commission of any felony involving the
1573	manufacture, distribution, or dispensing of a controlled
1574	substance, including possession with intent to manufacture,
1575	distribute, or dispense a controlled substance, shall, upon
1576	conviction of such felony, be permanently disqualified from
1577	operating a commercial motor vehicle. The penalty provided in
1578	this subsection is shall be in addition to any other applicable
1579	penalty.
1580	Section 37.  Section 322.64, Florida Statutes, is amended
1581	to read:
1582	322.64  Holder of commercial driver's license; persons
1583	operating a commercial motor vehicle; driving with unlawful
1584	blood-alcohol level; refusal to submit to breath, urine, or
1585	blood test.--
1586	(1)(a)  A law enforcement officer or correctional officer
1587	shall, on behalf of the department, disqualify from operating
1588	any commercial motor vehicle a person who while operating or in
1589	actual physical control of a commercial motor vehicle is
1590	arrested for a violation of s. 316.193, relating to unlawful
1591	blood-alcohol level or breath-alcohol level, or a person who has
1592	refused to submit to a breath, urine, or blood test authorized
1593	by s. 322.63 arising out of the operation or actual physical
1594	control of a commercial motor vehicle. A law enforcement officer
1595	or correctional officer shall, on behalf of the department,
1596	disqualify the holder of a commercial driver's license from
1597	operating any commercial motor vehicle if the licenseholder,
1598	while operating or in actual physical control of a motor
1599	vehicle, is arrested for a violation of s. 316.193, relating to
1600	unlawful blood-alcohol level or breath-alcohol level, or refused
1601	to submit to a breath, urine, or blood test authorized by s.
1602	322.63. Upon disqualification of the person, the officer shall
1603	take the person's driver's license and issue the person a 10-day
1604	temporary permit for the operation of noncommercial vehicles
1605	only if the person is otherwise eligible for the driving
1606	privilege and shall issue the person a notice of
1607	disqualification. If the person has been given a blood, breath,
1608	or urine test, the results of which are not available to the
1609	officer at the time of the arrest, the agency employing the
1610	officer shall transmit such results to the department within 5
1611	days after receipt of the results. If the department then
1612	determines that the person was arrested for a violation of s.
1613	316.193 and that the person had a blood-alcohol level or breath-
1614	alcohol level of 0.08 or higher, the department shall disqualify
1615	the person from operating a commercial motor vehicle pursuant to
1616	subsection (3).
1617	(b)  The disqualification under paragraph (a) shall be
1618	pursuant to, and the notice of disqualification shall inform the
1619	driver of, the following:
1620	1.a.  The driver refused to submit to a lawful breath,
1621	blood, or urine test and he or she is disqualified from
1622	operating a commercial motor vehicle for a period of 1 year, for
1623	a first refusal, or permanently, if he or she has previously
1624	been disqualified as a result of a refusal to submit to such a
1625	test; or
1626	b.  The driver was driving or in actual physical control of
1627	a commercial motor vehicle, or any motor vehicle if the driver
1628	holds a commercial driver's license, had an unlawful blood-
1629	alcohol level or breath-alcohol level of 0.08 or higher, and his
1630	or her driving privilege shall be disqualified for a period of 1
1631	year for a first offense or permanently disqualified if his or
1632	her driving privilege has been previously disqualified under
1633	this section. violated s. 316.193 by driving with an unlawful
1634	blood-alcohol level and he or she is disqualified from operating
1635	a commercial motor vehicle for a period of 6 months for a first
1636	offense or for a period of 1 year if he or she has previously
1637	been disqualified, or his or her driving privilege has been
1638	previously suspended, for a violation of s. 316.193.
1639	2.  The disqualification period for operating commercial
1640	vehicles shall commence on the date of arrest or issuance of the
1641	notice of disqualification, whichever is later.
1642	3.  The driver may request a formal or informal review of
1643	the disqualification by the department within 10 days after the
1644	date of arrest or issuance of the notice of disqualification,
1645	whichever is later.
1646	4.  The temporary permit issued at the time of arrest or
1647	disqualification expires will expire at midnight of the 10th day
1648	following the date of disqualification.
1649	5.  The driver may submit to the department any materials
1650	relevant to the disqualification arrest.
1651	(2)  Except as provided in paragraph (1)(a), the law
1652	enforcement officer shall forward to the department, within 5
1653	days after the date of the arrest or the issuance of the notice
1654	of disqualification, whichever is later, a copy of the notice of
1655	disqualification, the driver's license of the person
1656	disqualified arrested, and a report of the arrest, including, if
1657	applicable, an affidavit stating the officer's grounds for
1658	belief that the person disqualified arrested was operating or in
1659	actual physical control of a commercial motor vehicle, or holds
1660	a commercial driver's license, and had an unlawful blood-alcohol
1661	or breath-alcohol level in violation of s. 316.193; the results
1662	of any breath or blood or urine test or an affidavit stating
1663	that a breath, blood, or urine test was requested by a law
1664	enforcement officer or correctional officer and that the person
1665	arrested refused to submit; a copy of the notice of
1666	disqualification citation issued to the person arrested; and the
1667	officer's description of the person's field sobriety test, if
1668	any. The failure of the officer to submit materials within the
1669	5-day period specified in this subsection or subsection (1) does
1670	shall not affect the department's ability to consider any
1671	evidence submitted at or prior to the hearing. The officer may
1672	also submit a copy of a videotape of the field sobriety test or
1673	the attempt to administer such test and a copy of the crash
1674	report, if any.
1675	(3)  If the department determines that the person arrested
1676	should be disqualified from operating a commercial motor vehicle
1677	pursuant to this section and if the notice of disqualification
1678	has not already been served upon the person by a law enforcement
1679	officer or correctional officer as provided in subsection (1),
1680	the department shall issue a notice of disqualification and,
1681	unless the notice is mailed pursuant to s. 322.251, a temporary
1682	permit which expires 10 days after the date of issuance if the
1683	driver is otherwise eligible.
1684	(4)  If the person disqualified arrested requests an
1685	informal review pursuant to subparagraph (1)(b)3., the
1686	department shall conduct the informal review by a hearing
1687	officer employed by the department. Such informal review hearing
1688	shall consist solely of an examination by the department of the
1689	materials submitted by a law enforcement officer or correctional
1690	officer and by the person disqualified arrested, and the
1691	presence of an officer or witness is not required.
1692	(5)  After completion of the informal review, notice of the
1693	department's decision sustaining, amending, or invalidating the
1694	disqualification must be provided to the person. Such notice
1695	must be mailed to the person at the last known address shown on
1696	the department's records, and to the address provided in the law
1697	enforcement officer's report if such address differs from the
1698	address of record, within 21 days after the expiration of the
1699	temporary permit issued pursuant to subsection (1) or subsection
1700	(3).
1701	(6)(a)  If the person disqualified arrested requests a
1702	formal review, the department must schedule a hearing to be held
1703	within 30 days after such request is received by the department
1704	and must notify the person of the date, time, and place of the
1705	hearing.
1706	(b)  Such formal review hearing shall be held before a
1707	hearing officer employed by the department, and the hearing
1708	officer shall be authorized to administer oaths, examine
1709	witnesses and take testimony, receive relevant evidence, issue
1710	subpoenas for the officers and witnesses identified in documents
1711	as provided in subsection (2), regulate the course and conduct
1712	of the hearing, and make a ruling on the disqualification. The
1713	department and the person disqualified arrested may subpoena
1714	witnesses, and the party requesting the presence of a witness
1715	shall be responsible for the payment of any witness fees. If the
1716	person who requests a formal review hearing fails to appear and
1717	the hearing officer finds such failure to be without just cause,
1718	the right to a formal hearing is waived and the department shall
1719	conduct an informal review of the disqualification under
1720	subsection (4).
1721	(c)  A party may seek enforcement of a subpoena under
1722	paragraph (b) by filing a petition for enforcement in the
1723	circuit court of the judicial circuit in which the person
1724	failing to comply with the subpoena resides. A failure to comply
1725	with an order of the court shall result in a finding of contempt
1726	of court. However, a person shall not be in contempt while a
1727	subpoena is being challenged.
1728	(d)  The department must, within 7 days after a formal
1729	review hearing, send notice to the person of the hearing
1730	officer's decision as to whether sufficient cause exists to
1731	sustain, amend, or invalidate the disqualification.
1732	(7)  In a formal review hearing under subsection (6) or an
1733	informal review hearing under subsection (4), the hearing
1734	officer shall determine by a preponderance of the evidence
1735	whether sufficient cause exists to sustain, amend, or invalidate
1736	the disqualification. The scope of the review shall be limited
1737	to the following issues:
1738	(a)  If the person was disqualified from operating a
1739	commercial motor vehicle for driving with an unlawful blood-
1740	alcohol level in violation of s. 316.193:
1741	1.  Whether the arresting law enforcement officer had
1742	probable cause to believe that the person was driving or in
1743	actual physical control of a commercial motor vehicle, or any
1744	motor vehicle if the driver holds a commercial driver's license,
1745	in this state while he or she had any alcohol, chemical
1746	substances, or controlled substances in his or her body.
1747	2.  Whether the person was placed under lawful arrest for a
1748	violation of s. 316.193.
1749	2.3.  Whether the person had an unlawful blood-alcohol
1750	level or breath-alcohol level of 0.08 or higher as provided in
1751	s. 316.193.
1752	(b)  If the person was disqualified from operating a
1753	commercial motor vehicle for refusal to submit to a breath,
1754	blood, or urine test:
1755	1.  Whether the law enforcement officer had probable cause
1756	to believe that the person was driving or in actual physical
1757	control of a commercial motor vehicle, or any motor vehicle if
1758	the driver holds a commercial driver's license, in this state
1759	while he or she had any alcohol, chemical substances, or
1760	controlled substances in his or her body.
1761	2.  Whether the person refused to submit to the test after
1762	being requested to do so by a law enforcement officer or
1763	correctional officer.
1764	3.  Whether the person was told that if he or she refused
1765	to submit to such test he or she would be disqualified from
1766	operating a commercial motor vehicle for a period of 1 year or,
1767	in the case of a second refusal, permanently.
1768	(8)  Based on the determination of the hearing officer
1769	pursuant to subsection (7) for both informal hearings under
1770	subsection (4) and formal hearings under subsection (6), the
1771	department shall:
1772	(a)  Sustain the disqualification for a period of 1 year
1773	for a first refusal, or permanently if such person has been
1774	previously disqualified from operating a commercial motor
1775	vehicle as a result of a refusal to submit to such tests. The
1776	disqualification period commences on the date of the arrest or
1777	issuance of the notice of disqualification, whichever is later.
1778	(b)  Sustain the disqualification:
1779	1.  For a period of 1 year if the person was driving or in
1780	actual physical control of a commercial motor vehicle, or any
1781	motor vehicle if the driver holds a commercial driver's license,
1782	and had an unlawful blood-alcohol level or breath-alcohol level
1783	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1784	for a period of 1 year
1785	2.  Permanently if the person has been previously
1786	disqualified from operating a commercial motor vehicle or his or
1787	her driving privilege has been previously suspended for driving
1788	or being in actual physical control of a commercial motor
1789	vehicle, or any motor vehicle if the driver holds a commercial
1790	driver's license, and had an unlawful blood-alcohol level or
1791	breath-alcohol level of 0.08 or higher as a result of a
1792	violation of s. 316.193.
1793
1794	The disqualification period commences on the date of the arrest
1795	or issuance of the notice of disqualification, whichever is
1796	later.
1797	(9)  A request for a formal review hearing or an informal
1798	review hearing shall not stay the disqualification. If the
1799	department fails to schedule the formal review hearing to be
1800	held within 30 days after receipt of the request therefor, the
1801	department shall invalidate the disqualification. If the
1802	scheduled hearing is continued at the department's initiative,
1803	the department shall issue a temporary driving permit limited to
1804	noncommercial vehicles which is shall be valid until the hearing
1805	is conducted if the person is otherwise eligible for the driving
1806	privilege. Such permit shall not be issued to a person who
1807	sought and obtained a continuance of the hearing. The permit
1808	issued under this subsection shall authorize driving for
1809	business purposes or employment use only.
1810	(10)  A person who is disqualified from operating a
1811	commercial motor vehicle under subsection (1) or subsection (3)
1812	is eligible for issuance of a license for business or employment
1813	purposes only under s. 322.271 if the person is otherwise
1814	eligible for the driving privilege. However, such business or
1815	employment purposes license shall not authorize the driver to
1816	operate a commercial motor vehicle.
1817	(11)  The formal review hearing may be conducted upon a
1818	review of the reports of a law enforcement officer or a
1819	correctional officer, including documents relating to the
1820	administration of a breath test or blood test or the refusal to
1821	take either test. However, as provided in subsection (6), the
1822	driver may subpoena the officer or any person who administered
1823	or analyzed a breath or blood test.
1824	(12)  The formal review hearing and the informal review
1825	hearing are exempt from the provisions of chapter 120. The
1826	department is authorized to adopt rules for the conduct of
1827	reviews under this section.
1828	(13)  A person may appeal any decision of the department
1829	sustaining the disqualification from operating a commercial
1830	motor vehicle by a petition for writ of certiorari to the
1831	circuit court in the county wherein such person resides or
1832	wherein a formal or informal review was conducted pursuant to s.
1833	322.31. However, an appeal shall not stay the disqualification.
1834	This subsection shall not be construed to provide for a de novo
1835	appeal.
1836	(14)  The decision of the department under this section
1837	shall not be considered in any trial for a violation of s.
1838	316.193, s. 322.61, or s. 322.62, nor shall any written
1839	statement submitted by a person in his or her request for
1840	departmental review under this section be admissible into
1841	evidence against him or her in any such trial. The disposition
1842	of any related criminal proceedings shall not affect a
1843	disqualification imposed pursuant to this section.
1844	(15)  This section does not preclude the suspension of the
1845	driving privilege pursuant to s. 322.2615. The driving privilege
1846	of a person who has been disqualified from operating a
1847	commercial motor vehicle also may be suspended for a violation
1848	of s. 316.193.
1849	Section 38.  Subsection (10) of section 324.021, Florida
1850	Statutes, is amended to read:
1851	324.021  Definitions; minimum insurance required.--The
1852	following words and phrases when used in this chapter shall, for
1853	the purpose of this chapter, have the meanings respectively
1854	ascribed to them in this section, except in those instances
1855	where the context clearly indicates a different meaning:
1856	(10)  JUDGMENT.--Any judgment becoming which shall have
1857	become final by expiration without appeal of the time within
1858	which an appeal might have been perfected, or by final
1859	affirmation on appeal, rendered by a court of competent
1860	jurisdiction of any state or of the United States upon a cause
1861	of action arising out of the ownership, maintenance, or use of
1862	any motor vehicle for damages, including damages for care and
1863	loss of services because of bodily injury to or death of any
1864	person, or for damages because of injury to or destruction of
1865	property, including the loss of use thereof, or upon a cause of
1866	action on an agreement of settlement for such damage.
1867	Section 39.  Subsection (19) of section 501.976, Florida
1868	Statutes, is amended to read:
1869	501.976  Actionable, unfair, or deceptive acts or
1870	practices.--It is an unfair or deceptive act or practice,
1871	actionable under the Florida Deceptive and Unfair Trade
1872	Practices Act, for a dealer to:
1873	(19)  Fail to disclose damage to a new motor vehicle, as
1874	defined in s. 319.001(9)(8), of which the dealer had actual
1875	knowledge, if the dealer's actual cost of repairs exceeds the
1876	threshold amount, excluding replacement items.
1877
1878	In any civil litigation resulting from a violation of this
1879	section, when evaluating the reasonableness of an award of
1880	attorney's fees to a private person, the trial court shall
1881	consider the amount of actual damages in relation to the time
1882	spent.
1883	Section 40.  Effective July 1, 2008, except for specialty
1884	license plates approved before or during the 2008 Legislative
1885	session, the Department of Highway Safety and Motor Vehicles may
1886	not issue any new specialty license plates pursuant to ss.
1887	320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1888	and July 1, 2011.
1889	Section 41.  Joseph P. Bertrand Building designated;
1890	Department of Highway Safety and Motor Vehicles to erect
1891	suitable markers.--
1892	(1)  The Regional Transportation Management Center in the
1893	City of Fort Myers in Lee County is designated the "Joseph P.
1894	Bertrand Building."
1895	(2)  The Department of Highway Safety and Motor Vehicles is
1896	directed to erect suitable markers designating the "Joseph P.
1897	Bertrand Building" as described in subsection (1).
1898	Section 42.  Except as otherwise expressly provided in this
1899	act and except for this section, which shall take effect July 1,
1900	2008, this act shall take effect October 1, 2008.

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