CS/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	320.131, F.S.; requiring motor vehicle temporary tags to
63	be affixed on the exterior of the vehicle; revising the
64	requirement that the department specify media for motor
65	vehicle temporary tags; revising the requirement that the
66	department implement a print-on-demand electronic system
67	for temporary tag issuance; repealing s. 320.96, F.S.,
68	relating to a print-on-demand electronic temporary license
69	plate system; amending s. 320.27, F.S.; conforming a
70	cross-reference; amending s. 322.01, F.S.; defining the
71	term "convenience service" for purposes of transactions
72	with the department; revising the definition of the term
73	"conviction" to provide for application to offenses
74	committed by a person holding a commercial driver's
75	license; revising the definition of the terms "hazardous
76	materials" and "out-of-service order"; amending s. 322.03,
77	F.S.; removing provisions for issuance of a license valid
78	in Florida only; prohibiting a person from holding more
79	than one driver's license; authorizing use of such
80	licenses until next renewal; amending s. 322.051, F.S.;
81	revising requirements for application for issuance or
82	renewal of an identification card; revising provisions
83	providing for the expiration of an identification card
84	issued by the department; amending s. 322.08, F.S.;
85	revising requirements for application for a driver's
86	license; removing a provision requiring the application
87	form to include language permitting a voluntary
88	contribution for the Election Campaign Financing Trust
89	Fund; amending s. 322.14, F.S.; revising provisions for
90	content of a driver's license; requiring the license to
91	contain the licensee's residence address; removing a
92	requirement that the license contain the licensee's
93	mailing address; amending s. 322.15, F.S.; authorizing a
94	law enforcement officer or authorized representative of
95	the department to collect a person's fingerprints
96	electronically; amending s. 322.17, F.S.; revising
97	provisions for replacement of an instruction permit or
98	driver license; removing fee amounts; requiring payment of
99	specified fee amounts; removing a provision for a change
100	of address sticker; conforming cross-references; amending
101	s. 322.18, F.S.; revising provisions providing for the
102	expiration and renewal of driver's licenses; providing for
103	the renewal of certain licenses every 8 years; conforming
104	cross-references; providing for the renewal of licenses
105	using a convenience service; requiring the department to
106	issue new licenses rather than extension stickers;
107	repealing s. 322.181(4), F.S., relating to the Florida At-
108	Risk Driver Council; amending s. 322.19, F.S.; revising
109	provisions for a licensee changing address; removing a
110	provision for the licensee to request a change-of-address
111	sticker; conforming cross-references; amending s. 322.21,
112	F.S.; revising fees for issuance of original, renewal, and
113	replacement driver's licenses and identification cards;
114	revising fees for specified endorsements; providing for
115	distribution of revised fees; amending s. 322.2715, F.S.;
116	providing that the required installation period of an
117	ignition interlock device for certain DUI offenses be
118	continuous; amending s. 322.291, F.S.; providing
119	additional requirements for a third or subsequent
120	violation of requirements for installation of an ignition
121	interlock device; requiring treatment and extension of the
122	duration of the ignition interlock requirement; amending
123	s. 322.36, F.S.; requiring the suspension for a specified
124	period of the driver's license of a person who loans a
125	vehicle to a person whose driver's license is suspended if
126	that vehicle is involved in an accident resulting in
127	bodily injury or death; repealing s. 322.60, F.S.,
128	relating to the prohibition on commercial motor vehicle
129	drivers possessing more than one license; amending s.
130	322.61, F.S.; clarifying provisions disqualifying a person
131	from operating a commercial motor vehicle following
132	certain traffic violations; providing for permanent
133	disqualification following conviction of a felony
134	involving the manufacture, distribution, or dispensing of
135	a controlled substance; amending s. 322.64, F.S.;
136	providing that a person's privilege to drive a commercial
137	motor vehicle is disqualified if the person was driving or
138	in actual physical control of a commercial motor vehicle,
139	or any motor vehicle if the person holds a commercial
140	driver's license, with an unlawful blood-alcohol level or
141	breath-alcohol level or refuses to submit to a breath,
142	urine, or blood test; providing for the period of
143	disqualification; providing procedures; providing for
144	issuance of a notice of disqualification; revising the
145	requirements for a formal review hearing following a
146	person's disqualification from operating a commercial
147	motor vehicle; amending s. 324.021, F.S.; clarifying that
148	a judgment becomes final by expiration of the time for
149	appeal; amending s. 501.976, F.S.; conforming a cross-
150	reference; prohibiting the Department of Highway Safety
151	and Motor Vehicles from issuing any new specialty license
152	plates for a specified period; designating the Joseph P.
153	Bertrand Building in Lee County; providing effective
154	dates.
155
156	Be It Enacted by the Legislature of the State of Florida:
157
158	Section 1.  Section 316.0741, Florida Statutes, is amended
159	to read:
160	316.0741  High-occupancy-vehicle High occupancy vehicle
161	lanes.--
162	(1)  As used in this section, the term:
163	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
164	or "HOV lane" means a lane of a public roadway designated for
165	use by vehicles in which there is more than one occupant unless
166	otherwise authorized by federal law.
167	(b)  "Hybrid vehicle" means a motor vehicle:
168	1.  That draws propulsion energy from onboard sources of
169	stored energy which are both an internal combustion or heat
170	engine using combustible fuel and a rechargeable energy-storage
171	system; and
172	2.  That, in the case of a passenger automobile or light
173	truck, has received a certificate of conformity under the Clean
174	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
175	equivalent qualifying California standards for a low-emission
176	vehicle.
177	(2)  The number of persons that must be in a vehicle to
178	qualify for legal use of the HOV lane and the hours during which
179	the lane will serve as an HOV lane, if it is not designated as
180	such on a full-time basis, must also be indicated on a traffic
181	control device.
182	(3)  Except as provided in subsection (4), a vehicle may
183	not be driven in an HOV lane if the vehicle is occupied by fewer
184	than the number of occupants indicated by a traffic control
185	device. A driver who violates this section shall be cited for a
186	moving violation, punishable as provided in chapter 318.
187	(4)(a)  Notwithstanding any other provision of this
188	section, an inherently low-emission vehicle (ILEV) that is
189	certified and labeled in accordance with federal regulations may
190	be driven in an HOV lane at any time, regardless of its
191	occupancy. In addition, upon the state's receipt of written
192	notice from the proper federal regulatory agency authorizing
193	such use, a vehicle defined as a hybrid vehicle under this
194	section may be driven in an HOV lane at any time, regardless of
195	its occupancy.
196	(b)  All eligible hybrid and all eligible other low-
197	emission and energy-efficient vehicles driven in an HOV lane
198	must comply with the minimum fuel economy standards in 23 U.S.C.
199	s. 166(f)(3)(B).
200	(c)  Upon issuance of the applicable United States
201	Environmental Protection Agency final rule pursuant to 23 U.S.C.
202	s. 166(e), relating to the eligibility of hybrid and other low-
203	emission and energy-efficient vehicles for operation in an HOV
204	lane, regardless of occupancy, the Department of Transportation
205	shall review the rule and recommend to the Legislature any
206	statutory changes necessary for compliance with the federal
207	rule. The department shall provide its recommendations no later
208	than 30 days following issuance of the final rule.
209	(5)  The department shall issue a decal and registration
210	certificate, to be renewed annually, reflecting the HOV lane
211	designation on such vehicles meeting the criteria in subsection
212	(4) authorizing driving in an HOV lane at any time such use. The
213	department may charge a fee for a decal, not to exceed the costs
214	of designing, producing, and distributing each decal, or $5,
215	whichever is less. The proceeds from sale of the decals shall be
216	deposited in the Highway Safety Operating Trust Fund. The
217	department may, for reasons of operation and management of HOV
218	facilities, limit or discontinue issuance of decals for the use
219	of HOV facilities by hybrid and low-emission and energy-
220	efficient vehicles, regardless of occupancy, if it has been
221	determined by the Department of Transportation that the
222	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
223	(6)  Vehicles having decals by virtue of compliance with
224	the minimum fuel economy standards under 23 U.S.C. s.
225	166(f)(3)(B), and which are registered for use in high-occupancy
226	toll lanes or express lanes in accordance with Department of
227	Transportation rule, shall be allowed to use any HOV lanes
228	redesignated as high-occupancy toll lanes or express lanes
229	without payment of a toll.
230	(5)  As used in this section, the term "hybrid vehicle"
231	means a motor vehicle:
232	(a)  That draws propulsion energy from onboard sources of
233	stored energy which are both:
234	1.  An internal combustion or heat engine using combustible
235	fuel; and
236	2.  A rechargeable energy storage system; and
237	(b)  That, in the case of a passenger automobile or light
238	truck:
239	1.  Has received a certificate of conformity under the
240	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
241	2.  Meets or exceeds the equivalent qualifying California
242	standards for a low-emission vehicle.
243	(7)(6)  The department may adopt rules necessary to
244	administer this section.
245	Section 2.  Paragraph (b) of subsection (1) of section
246	316.1575, Florida Statutes, is amended to read:
247	316.1575  Obedience to traffic control devices at railroad-
248	highway grade crossings.--
249	(1)  Any person walking or driving a vehicle and
250	approaching a railroad-highway grade crossing under any of the
251	circumstances stated in this section shall stop within 50 feet
252	but not less than 15 feet from the nearest rail of such railroad
253	and shall not proceed until he or she can do so safely. The
254	foregoing requirements apply when:
255	(b)  A crossing gate is lowered or a law enforcement
256	officer or a human flagger gives or continues to give a signal
257	of the approach or passage of a railroad train;
258	Section 3.  Subsection (4) of section 316.193, Florida
259	Statutes, is amended to read:
260	316.193  Driving under the influence; penalties.--
261	(4)  Any person who is convicted of a violation of
262	subsection (1) and who has a blood-alcohol level or breath-
263	alcohol level of 0.15 0.20 or higher, or any person who is
264	convicted of a violation of subsection (1) and who at the time
265	of the offense was accompanied in the vehicle by a person under
266	the age of 18 years, shall be punished:
267	(a)  By a fine of:
268	1.  Not less than $500 or more than $1,000 for a first
269	conviction.
270	2.  Not less than $1,000 or more than $2,000 for a second
271	conviction.
272	3.  Not less than $2,000 for a third or subsequent
273	conviction.
274	(b)  By imprisonment for:
275	1.  Not more than 9 months for a first conviction.
276	2.  Not more than 12 months for a second conviction.
277
278	For the purposes of this subsection, only the instant offense is
279	required to be a violation of subsection (1) by a person who has
280	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
281	higher.
282	(c)  In addition to the penalties in paragraphs (a) and
283	(b), the court shall order the mandatory placement, at the
284	convicted person's sole expense, of an ignition interlock device
285	approved by the department in accordance with s. 316.1938 upon
286	all vehicles that are individually or jointly leased or owned
287	and routinely operated by the convicted person for up to 6
288	months for the first offense and for at least 2 years for a
289	second offense, when the convicted person qualifies for a
290	permanent or restricted license. The installation of such device
291	may not occur before July 1, 2003.
292	Section 4.  Subsection (1) of section 316.1937, Florida
293	Statutes, is amended to read:
294	316.1937  Ignition interlock devices, requiring; unlawful
295	acts.--
296	(1)  In addition to any other authorized penalties, the
297	court may require that any person who is convicted of driving
298	under the influence in violation of s. 316.193 shall not operate
299	a motor vehicle unless that vehicle is equipped with a
300	functioning ignition interlock device certified by the
301	department as provided in s. 316.1938, and installed in such a
302	manner that the vehicle will not start if the operator's blood
303	alcohol level is in excess of 0.05 percent or as otherwise
304	specified by the court. The court may require the use of an
305	approved ignition interlock device for a period of not less than
306	6 continuous months, if the person is permitted to operate a
307	motor vehicle, whether or not the privilege to operate a motor
308	vehicle is restricted, as determined by the court. The court,
309	however, shall order placement of an ignition interlock device
310	in those circumstances required by s. 316.193.
311	Section 5.  Subsection (2) of section 316.251, Florida
312	Statutes, is amended to read:
313	316.251  Maximum bumper heights.--
314	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
315	"antique automobiles" as defined in s. 320.08, "horseless
316	carriages" as defined in s. 320.086, and "street rods" as
317	defined in s. 320.0863 shall be excluded from the requirements
318	of this section.
319	Section 6.  Paragraph (b) of subsection (1) and subsections
320	(6) and (8) of section 316.302, Florida Statutes, are amended to
321	read:
322	316.302  Commercial motor vehicles; safety regulations;
323	transporters and shippers of hazardous materials; enforcement.--
324	(1)
325	(b)  Except as otherwise provided in this section, all
326	owners or drivers of commercial motor vehicles that are engaged
327	in intrastate commerce are subject to the rules and regulations
328	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
329	exception of 49 C.F.R. s. 390.5 as it relates to the definition
330	of bus, as such rules and regulations existed on October 1, 2007
331	2005.
332	(6)  The state Department of Transportation shall perform
333	the duties that are assigned to the Field Administrator, Federal
334	Motor Carrier Safety Administration Regional Federal Highway
335	Administrator under the federal rules, and an agent of that
336	department, as described in s. 316.545(9), may enforce those
337	rules.
338	(8)  For the purpose of enforcing this section, any law
339	enforcement officer of the Department of Transportation or duly
340	appointed agent who holds a current safety inspector
341	certification from the Commercial Vehicle Safety Alliance may
342	require the driver of any commercial vehicle operated on the
343	highways of this state to stop and submit to an inspection of
344	the vehicle or the driver's records. If the vehicle or driver is
345	found to be operating in an unsafe condition, or if any required
346	part or equipment is not present or is not in proper repair or
347	adjustment, and the continued operation would present an unduly
348	hazardous operating condition, the officer may require the
349	vehicle or the driver to be removed from service pursuant to the
350	North American Standard Uniform Out-of-Service Criteria, until
351	corrected. However, if continuous operation would not present an
352	unduly hazardous operating condition, the officer may give
353	written notice requiring correction of the condition within 14
354	days.
355	(a)  Any member of the Florida Highway Patrol or any law
356	enforcement officer employed by a sheriff's office or municipal
357	police department authorized to enforce the traffic laws of this
358	state pursuant to s. 316.640 who has reason to believe that a
359	vehicle or driver is operating in an unsafe condition may, as
360	provided in subsection (10), enforce the provisions of this
361	section.
362	(b)  Any person who fails to comply with an officer's
363	request to submit to an inspection under this subsection commits
364	a violation of s. 843.02 if the person resists the officer
365	without violence or a violation of s. 843.01 if the person
366	resists the officer with violence.
367	Section 7.  Subsection (2) of section 316.613, Florida
368	Statutes, is amended to read:
369	316.613  Child restraint requirements.--
370	(2)  As used in this section, the term "motor vehicle"
371	means a motor vehicle as defined in s. 316.003 that is operated
372	on the roadways, streets, and highways of the state. The term
373	does not include:
374	(a)  A school bus as defined in s. 316.003(45).
375	(b)  A bus used for the transportation of persons for
376	compensation, other than a bus regularly used to transport
377	children to or from school, as defined in s. 316.615(1) (b), or
378	in conjunction with school activities.
379	(c)  A farm tractor or implement of husbandry.
380	(d)  A truck having a gross vehicle weight rating of more
381	than 26,000 of net weight of more than 5,000 pounds.
382	(e)  A motorcycle, moped, or bicycle.
383	Section 8.  Paragraph (a) of subsection (3) of section
384	316.614, Florida Statutes, is amended to read:
385	316.614  Safety belt usage.--
386	(3)  As used in this section:
387	(a)  "Motor vehicle" means a motor vehicle as defined in s.
388	316.003 which that is operated on the roadways, streets, and
389	highways of this state. The term does not include:
390	1.  A school bus.
391	2.  A bus used for the transportation of persons for
392	compensation.
393	3.  A farm tractor or implement of husbandry.
394	4.  A truck having a gross vehicle weight rating of more
395	than 26,000 of a net weight of more than 5,000 pounds.
396	5.  A motorcycle, moped, or bicycle.
397	Section 9.  Section 316.645, Florida Statutes, is amended
398	to read:
399	316.645  Arrest authority of officer at scene of a traffic
400	crash.--A police officer who makes an investigation at the scene
401	of a traffic crash may arrest any driver of a vehicle involved
402	in the crash when, based upon personal investigation, the
403	officer has reasonable and probable grounds to believe that the
404	person has committed any offense under the provisions of this
405	chapter, chapter 320, or chapter 322 in connection with the
406	crash.
407	Section 10.  Subsections (1), (3), (4), (5), (6), and (7)
408	of section 316.650, Florida Statutes, are amended to read:
409	316.650  Traffic citations.--
410	(1)(a)  The department shall prepare, and supply to every
411	traffic enforcement agency in this state, an appropriate form
412	traffic citation that contains containing a notice to appear, is
413	(which shall be issued in prenumbered books, meets with
414	citations in quintuplicate) and meeting the requirements of this
415	chapter or any laws of this state regulating traffic, and is
416	which form shall be consistent with the state traffic court
417	rules and the procedures established by the department. The form
418	shall include a box that which is to be checked by the law
419	enforcement officer when the officer believes that the traffic
420	violation or crash was due to aggressive careless driving as
421	defined in s. 316.1923. The form shall also include a box that
422	which is to be checked by the law enforcement officer when the
423	officer writes a uniform traffic citation for a violation of s.
424	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
425	failing to stop at a traffic signal.
426	(b)  The department shall prepare, and supply to every
427	traffic enforcement agency in the state, an appropriate
428	affidavit-of-compliance form that which shall be issued along
429	with the form traffic citation for any violation of s. 316.610
430	and that indicates which shall indicate the specific defect
431	needing which needs to be corrected. However, such affidavit of
432	compliance shall not be issued in the case of a violation of s.
433	316.610 by a commercial motor vehicle as defined in s.
434	316.003(66). Such affidavit-of-compliance form shall be
435	distributed in the same manner and to the same parties as is the
436	form traffic citation.
437	(c)  Notwithstanding paragraphs (a) and (b), a traffic
438	enforcement agency may produce uniform traffic citations by
439	electronic means. Such citations must be consistent with the
440	state traffic court rules and the procedures established by the
441	department and; must be appropriately numbered and inventoried;
442	and may have fewer copies than the quintuplicate form.
443	Affidavit-of-compliance forms may also be produced by electronic
444	means.
445	(d)  The department must distribute to every traffic
446	enforcement agency and to any others who request it, a traffic
447	infraction reference guide describing the class of the traffic
448	infraction, the penalty for the infraction, the points to be
449	assessed on a driver's record license, and any other information
450	necessary to describe a violation and the penalties therefor.
451	(3)(a)  Except for a traffic citation issued pursuant to s.
452	316.1001, each traffic enforcement officer, upon issuing a
453	traffic citation to an alleged violator of any provision of the
454	motor vehicle laws of this state or of any traffic ordinance of
455	any municipality city or town, shall deposit the original and
456	one copy of such traffic citation or, in the case of a traffic
457	enforcement agency that which has an automated citation issuance
458	system, the chief administrative officer shall provide by an
459	electronic transmission a replica of the citation data to
460	facsimile with a court having jurisdiction over the alleged
461	offense or with its traffic violations bureau within 5 days
462	after issuance to the violator.
463	(b)  If a traffic citation is issued pursuant to s.
464	316.1001, a traffic enforcement officer may deposit the original
465	and one copy of such traffic citation or, in the case of a
466	traffic enforcement agency that has an automated citation
467	system, may provide by an electronic transmission a replica of
468	the citation data to facsimile with a court having jurisdiction
469	over the alleged offense or with its traffic violations bureau
470	within 45 days after the date of issuance of the citation to the
471	violator. If the person cited for the violation of s. 316.1001
472	makes the election provided by s. 318.14(12) and pays the $25
473	fine, or such other amount as imposed by the governmental entity
474	owning the applicable toll facility, plus the amount of the
475	unpaid toll that is shown on the traffic citation directly to
476	the governmental entity that issued the citation, or on whose
477	behalf the citation was issued, in accordance with s.
478	318.14(12), the traffic citation will not be submitted to the
479	court, the disposition will be reported to the department by the
480	governmental entity that issued the citation, or on whose behalf
481	the citation was issued, and no points will be assessed against
482	the person's driver's license.
483	(4)  The chief administrative officer of every traffic
484	enforcement agency shall require the return to him or her of the
485	officer-agency department record copy of every traffic citation
486	issued by an officer under the chief administrative officer's
487	supervision to an alleged violator of any traffic law or
488	ordinance and of all copies of every traffic citation that which
489	has been spoiled or upon which any entry has been made and not
490	issued to an alleged violator. In the case of a traffic
491	enforcement agency that which has an automated citation issuance
492	system, the chief administrative officer shall require the
493	return of all electronic traffic citation records.
494	(5)  Upon the deposit of the original and one copy of such
495	traffic citation or upon deposit of an electronic transmission
496	of a replica of citation data facsimile of the traffic citation
497	with respect to traffic enforcement agencies that which have an
498	automated citation issuance system with a court having
499	jurisdiction over the alleged offense or with its traffic
500	violations bureau as aforesaid, the original citation, the
501	electronic citation containing a replica of citation data
502	facsimile, or a copy of such traffic citation may be disposed of
503	only by trial in the court or other official action by a judge
504	of the court, including forfeiture of the bail, or by the
505	deposit of sufficient bail with, or payment of a fine to, the
506	traffic violations bureau by the person to whom such traffic
507	citation has been issued by the traffic enforcement officer.
508	(6)  The chief administrative officer shall transmit, on a
509	form approved by the department, the department record copy of
510	the uniform traffic citation to the department within 5 days
511	after submission of the original, groups of issued citations and
512	one copy to the court, or citation and transmittal data to the
513	court. Batches of electronic citations containing a replica of
514	citation data may be transmitted to the court department in an
515	electronic automated fashion, in a format form prescribed by the
516	department within 5 days after issuance to the violator. A copy
517	of such transmittal shall also be provided to the court having
518	jurisdiction for accountability purposes.
519	(7)  The chief administrative officer shall also maintain
520	or cause to be maintained in connection with every traffic
521	citation issued by an officer under his or her supervision a
522	record of the disposition of the charge by the court or its
523	traffic violations bureau in which the original or copy of the
524	traffic citation or electronic citation was deposited.
525	Section 11.  Paragraph (a) of subsection (2) of section
526	316.656, Florida Statutes, is amended to read:
527	316.656  Mandatory adjudication; prohibition against
528	accepting plea to lesser included offense.--
529	(2)(a)  No trial judge may accept a plea of guilty to a
530	lesser offense from a person charged under the provisions of
531	this act who has been given a breath or blood test to determine
532	blood or breath alcohol content, the results of which show a
533	blood or breath alcohol content by weight of 0.15 0.20 percent
534	or more.
535	Section 12.  Subsections (1) through (11) of section
536	319.001, Florida Statutes, are renumbered as subsections (2)
537	through (12), respectively, and a new subsection (1) is added to
538	that section to read:
539	319.001  Definitions.--As used in this chapter, the term:
540	(1)  "Certificate of title" means the record that is
541	evidence of ownership of a vehicle, whether a paper certificate
542	authorized by the department or a certificate consisting of
543	information that is stored in an electronic form in the
544	department's database.
545	Section 13.  Subsection (27) of section 320.01, Florida
546	Statutes, is amended to read:
547	320.01  Definitions, general.--As used in the Florida
548	Statutes, except as otherwise provided, the term:
549	(27)  "Motorcycle" means any motor vehicle having a seat or
550	saddle for the use of the rider and designed to travel on not
551	more than three wheels in contact with the ground, but excluding
552	a tractor, or a moped, or a vehicle in which the operator is
553	enclosed by a cabin.
554	Section 14.  Effective July 1, 2008, subsection (1) of
555	section 320.02, Florida Statutes, as amended by section 28 of
556	chapter 2006-290, Laws of Florida, is amended to read:
557	320.02  Registration required; application for
558	registration; forms.--
559	(1)  Except as otherwise provided in this chapter, every
560	owner or person in charge of a motor vehicle that is operated or
561	driven on the roads of this state shall register the vehicle in
562	this state. The owner or person in charge shall apply to the
563	department or to its authorized agent for registration of each
564	such vehicle on a form prescribed by the department. Prior to
565	the original registration of a motorcycle, motor-driven cycle,
566	or moped, the owner, if a natural person, must present proof
567	that he or she has a valid motorcycle endorsement as required in
568	chapter 322. A registration is not required for any motor
569	vehicle that is not operated on the roads of this state during
570	the registration period.
571	Section 15.  Subsection (13) of section 320.02, Florida
572	Statutes, is repealed.
573	Section 16.  Section 320.0706, Florida Statutes, is amended
574	to read:
575	320.0706  Display of license plates on trucks.--The owner
576	of any commercial truck of gross vehicle weight of 26,001 pounds
577	or more shall display the registration license plate on both the
578	front and rear of the truck in conformance with all the
579	requirements of s. 316.605 that do not conflict with this
580	section. The owner of a dump truck may place the rear license
581	plate on the gate no higher than 60 inches to allow for better
582	visibility. However, the owner of a truck tractor shall be
583	required to display the registration license plate only on the
584	front of such vehicle. A violation of this section is a
585	noncriminal traffic infraction, punishable as a moving violation
586	as provided in chapter 318.
587	Section 17.  Subsection (4) of section 320.0715, Florida
588	Statutes, is amended to read:
589	320.0715  International Registration Plan; motor carrier
590	services; permits; retention of records.--
591	(4)  Each motor carrier registered under the International
592	Registration Plan shall maintain and keep, for a period of 4
593	years, pertinent records and papers as may be required by the
594	department for the reasonable administration of this chapter.
595	(a)  The department shall withhold registrations and
596	license plates for commercial motor vehicles unless the
597	identifying number issued by the federal agency responsible for
598	motor carrier safety is provided for the motor carrier and the
599	entity responsible for motor carrier safety for each motor
600	vehicle as part of the application process.
601	(b)  The department may not issue a commercial motor
602	vehicle registration or license plate to, and may not transfer
603	the commercial motor vehicle registration or license plate for,
604	a motor carrier or vehicle owner who has been prohibited from
605	operating by a federal or state agency responsible for motor
606	carrier safety.
607	(c)  The department, with notice, shall suspend any
608	commercial motor vehicle registration and license plate issued
609	to a motor carrier or vehicle owner who has been prohibited from
610	operating by a federal or state agency responsible for motor
611	carrier safety.
612	Section 18.  Subsection (3) of section 320.08053, Florida
613	Statutes, is amended to read:
614	320.08053  Requirements for requests to establish specialty
615	license plates.--
616	(3)  The department shall adopt rules providing viewpoint-
617	neutral specifications for the design of specialty license
618	plates that promote or enhance the readability of all specialty
619	license plates and that discourage counterfeiting. The rules
620	shall provide uniform specifications requiring inclusion of the
621	word "Florida" in the same location on each specialty license
622	plate, in such a size and location that is clearly identifiable
623	on the specialty license plate when mounted on a vehicle, and
624	shall provide specifications for the size and location of any
625	words or logos appearing on a specialty license plate.
626	Section 19.  Paragraph (a) of subsection (4) of section
627	320.0894, Florida Statutes, is amended to read:
628	320.0894  Motor vehicle license plates to Gold Star family
629	members.--The department shall develop a special license plate
630	honoring the family members of servicemembers who have been
631	killed while serving in the Armed Forces of the United States.
632	The license plate shall be officially designated as the Gold
633	Star license plate and shall be developed and issued as provided
634	in this section.
635	(4)(a)1.a.  The Gold Star license plate shall be issued
636	only to family members of a servicemember who resided in Florida
637	at the time of the death of the servicemember.
638	b.  Any family member, as defined in subparagraph 2., of a
639	servicemember killed while serving may be issued a Gold Star
640	license plate upon payment of the license tax and appropriate
641	fees as provided in paragraph (3)(a) without regard to the state
642	of residence of the servicemember.
643	2.  To qualify for issuance of a Gold Star license plate,
644	the applicant must be directly related to a fallen servicemember
645	as spouse, legal mother or father, or stepparent who is
646	currently married to the mother or father of the fallen
647	servicemember.
648	3.  A servicemember is deemed to have been killed while in
649	service as listed by the United States Department of Defense and
650	may be verified from documentation directly from the Department
651	of Defense or from its subordinate agencies, such as the Coast
652	Guard, Reserve, or National Guard.
653	Section 20.  Effective upon this act becoming a law,
654	subsections (4) and (8) of section 320.131, Florida Statutes,
655	are amended, and subsection (9) is added to that section, to
656	read:
657	320.131  Temporary tags.--
658	(4)(a)  Temporary tags shall be conspicuously displayed in
659	the rear license plate bracket or, attached to the inside of the
660	rear window in an upright position so as to be clearly visible
661	from the rear of the vehicle. on vehicles requiring front
662	display of license plates, temporary tags shall be displayed on
663	the front of the vehicle in the location where the metal license
664	plate would normally be displayed.
665	(b)  The department shall designate specifications for the
666	media upon which the temporary tag is printed. Such media shall
667	be either nonpermeable or subject to weatherproofing so that it
668	maintains its structural integrity, including graphic and data
669	adhesion, in all weather conditions after being placed on a
670	vehicle.
671	(8)  The department shall may administer an electronic
672	system for licensed motor vehicle dealers to use for in issuing
673	temporary tags license plates. Upon issuing a temporary tag
674	license plate, the dealer shall access the electronic system and
675	enter the appropriate vehicle and owner information within the
676	timeframe specified by department rule. If a dealer fails to
677	comply with the department's requirements for issuing temporary
678	tags license plates using the electronic system, the department
679	may deny, suspend, or revoke a license under s. 320.27(9)(b)16.
680	upon proof that the licensee has failed to comply with the
681	department's requirements. The department may adopt rules to
682	administer this section.
683	(9)  The department shall implement a secure print-on-
684	demand electronic temporary tag registration, record retention,
685	and issue system for use by every department-authorized issuer
686	of temporary tags by the end of the 2007-2008 fiscal year. This
687	system shall enable the department to issue, on demand, a
688	temporary tag number in response to a request from the issuer
689	via a secure electronic exchange of data and enable the issuer
690	to print the temporary tag with all of the required information.
691	The department may adopt rules as necessary to implement this
692	program. A motor vehicle dealer licensed under this chapter
693	shall be authorized to charge a fee to comply with this section.
694	Section 21.  Section 320.96, Florida Statutes, is repealed.
695	Section 22.  Paragraph (b) of subsection (9) of section
696	320.27, Florida Statutes, is amended to read:
697	320.27  Motor vehicle dealers.--
698	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
699	(b)  The department may deny, suspend, or revoke any
700	license issued hereunder or under the provisions of s. 320.77 or
701	s. 320.771 upon proof that a licensee has committed, with
702	sufficient frequency so as to establish a pattern of wrongdoing
703	on the part of a licensee, violations of one or more of the
704	following activities:
705	1.  Representation that a demonstrator is a new motor
706	vehicle, or the attempt to sell or the sale of a demonstrator as
707	a new motor vehicle without written notice to the purchaser that
708	the vehicle is a demonstrator. For the purposes of this section,
709	a "demonstrator," a "new motor vehicle," and a "used motor
710	vehicle" shall be defined as under s. 320.60.
711	2.  Unjustifiable refusal to comply with a licensee's
712	responsibility under the terms of the new motor vehicle warranty
713	issued by its respective manufacturer, distributor, or importer.
714	However, if such refusal is at the direction of the
715	manufacturer, distributor, or importer, such refusal shall not
716	be a ground under this section.
717	3.  Misrepresentation or false, deceptive, or misleading
718	statements with regard to the sale or financing of motor
719	vehicles which any motor vehicle dealer has, or causes to have,
720	advertised, printed, displayed, published, distributed,
721	broadcast, televised, or made in any manner with regard to the
722	sale or financing of motor vehicles.
723	4.  Failure by any motor vehicle dealer to provide a
724	customer or purchaser with an odometer disclosure statement and
725	a copy of any bona fide written, executed sales contract or
726	agreement of purchase connected with the purchase of the motor
727	vehicle purchased by the customer or purchaser.
728	5.  Failure of any motor vehicle dealer to comply with the
729	terms of any bona fide written, executed agreement, pursuant to
730	the sale of a motor vehicle.
731	6.  Failure to apply for transfer of a title as prescribed
732	in s. 319.23(6).
733	7.  Use of the dealer license identification number by any
734	person other than the licensed dealer or his or her designee.
735	8.  Failure to continually meet the requirements of the
736	licensure law.
737	9.  Representation to a customer or any advertisement to
738	the public representing or suggesting that a motor vehicle is a
739	new motor vehicle if such vehicle lawfully cannot be titled in
740	the name of the customer or other member of the public by the
741	seller using a manufacturer's statement of origin as permitted
742	in s. 319.23(1).
743	10.  Requirement by any motor vehicle dealer that a
744	customer or purchaser accept equipment on his or her motor
745	vehicle which was not ordered by the customer or purchaser.
746	11.  Requirement by any motor vehicle dealer that any
747	customer or purchaser finance a motor vehicle with a specific
748	financial institution or company.
749	12.  Requirement by any motor vehicle dealer that the
750	purchaser of a motor vehicle contract with the dealer for
751	physical damage insurance.
752	13.  Perpetration of a fraud upon any person as a result of
753	dealing in motor vehicles, including, without limitation, the
754	misrepresentation to any person by the licensee of the
755	licensee's relationship to any manufacturer, importer, or
756	distributor.
757	14.  Violation of any of the provisions of s. 319.35 by any
758	motor vehicle dealer.
759	15.  Sale by a motor vehicle dealer of a vehicle offered in
760	trade by a customer prior to consummation of the sale, exchange,
761	or transfer of a newly acquired vehicle to the customer, unless
762	the customer provides written authorization for the sale of the
763	trade-in vehicle prior to delivery of the newly acquired
764	vehicle.
765	16.  Willful failure to comply with any administrative rule
766	adopted by the department or the provisions of s. 320.131(8).
767	17.  Violation of chapter 319, this chapter, or ss.
768	559.901-559.9221, which has to do with dealing in or repairing
769	motor vehicles or mobile homes. Additionally, in the case of
770	used motor vehicles, the willful violation of the federal law
771	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
772	the consumer sales window form.
773	18.  Failure to maintain evidence of notification to the
774	owner or coowner of a vehicle regarding registration or titling
775	fees owed as required in s. 320.02(16)(17).
776	19.  Failure to register a mobile home salesperson with the
777	department as required by this section.
778	Section 23.  Subsections (10) through (44) of section
779	322.01, Florida Statutes, are renumbered as subsections (11)
780	through (45), respectively, present subsections (10), (23), and
781	(29) are amended, and a new subsection (10) is added to that
782	section, to read:
783	322.01  Definitions.--As used in this chapter:
784	(10)  "Convenience service" means any means whereby an
785	individual conducts a transaction with the department other than
786	in person.
787	(11)(10)(a)  "Conviction" means a conviction of an offense
788	relating to the operation of motor vehicles on highways which is
789	a violation of this chapter or any other such law of this state
790	or any other state, including an admission or determination of a
791	noncriminal traffic infraction pursuant to s. 318.14, or a
792	judicial disposition of an offense committed under any federal
793	law substantially conforming to the aforesaid state statutory
794	provisions.
795	(b)  Notwithstanding any other provisions of this chapter,
796	the definition of "conviction" provided in 49 C.F.R. part 383.5
797	applies to offenses committed in a commercial motor vehicle or
798	by a person holding a commercial driver's license.
799	(24)(23)  "Hazardous materials" means any material that has
800	been designated as hazardous under 49 U.S.C. s. 5103 and is
801	required to be placarded under subpart F of 49 C.F.R. part 172
802	or any quantity of a material listed as a select agent or toxin
803	in 42 C.F.R. part 73 has the meaning such term has under s. 103
804	of the Hazardous Materials Transportation Act.
805	(30)(29)  "Out-of-service order" means a prohibition issued
806	by an authorized local, state, or Federal Government official
807	which precludes a person from driving a commercial motor vehicle
808	for a period of 72 hours or less.
809	Section 24.  Subsection (1) of section 322.03, Florida
810	Statutes, is amended to read:
811	322.03  Drivers must be licensed; penalties.--
812	(1)  Except as otherwise authorized in this chapter, a
813	person may not drive any motor vehicle upon a highway in this
814	state unless such person has a valid driver's license under the
815	provisions of this chapter.
816	(a)  A person who drives a commercial motor vehicle shall
817	not receive a driver's license unless and until he or she
818	surrenders to the department all driver's licenses in his or her
819	possession issued to him or her by any other jurisdiction or
820	makes an affidavit that he or she does not possess a driver's
821	license. Any such person who fails to surrender such licenses or
822	who makes a false affidavit concerning such licenses is guilty
823	of a misdemeanor of the first degree, punishable as provided in
824	s. 775.082 or s. 775.083.
825	(b)  A person who does not drive a commercial motor vehicle
826	is not required to surrender a license issued by another
827	jurisdiction, upon a showing to the department that such license
828	is necessary because of employment or part-time residence. Any
829	person who retains a driver's license because of employment or
830	part-time residence shall, upon qualifying for a license in this
831	state, be issued a driver's license which shall be valid within
832	this state only. All surrendered licenses may be returned by the
833	department to the issuing jurisdiction together with information
834	that the licensee is now licensed in a new jurisdiction or may
835	be destroyed by the department, which shall notify the issuing
836	jurisdiction of such destruction. A person may not have more
837	than one valid Florida driver's license at any time.
838	(c)  Part-time residents issued a license pursuant to
839	paragraph (b) may continue to hold such license until the next
840	regularly scheduled renewal. Licenses that are identified as
841	"Valid in Florida only" may not be issued or renewed effective
842	July 1, 2009. This paragraph expires June 30, 2017.
843	Section 25.  Subsections (1) and (2) of section 322.051,
844	Florida Statutes, are amended to read:
845	322.051  Identification cards.--
846	(1)  Any person who is 5 years of age or older, or any
847	person who has a disability, regardless of age, who applies for
848	a disabled parking permit under s. 320.0848, may be issued an
849	identification card by the department upon completion of an
850	application and payment of an application fee.
851	(a)  Each such application shall include the following
852	information regarding the applicant:
853	1.  Full name (first, middle or maiden, and last), gender,
854	proof of social security card number satisfactory to the
855	department, county of residence, and mailing address, proof of
856	residential address satisfactory to the department, country of
857	birth, and a brief description.
858	2.  Proof of birth date satisfactory to the department.
859	3.  Proof of identity satisfactory to the department. Such
860	proof must include one of the following documents issued to the
861	applicant:
862	a.  A driver's license record or identification card record
863	from another jurisdiction that required the applicant to submit
864	a document for identification which is substantially similar to
865	a document required under sub-subparagraph b., sub-subparagraph
866	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
867	f., or sub-subparagraph g., or sub-subparagraph h.;
868	b.  A certified copy of a United States birth certificate;
869	c.  A valid, unexpired United States passport;
870	d.  A naturalization certificate issued by the United
871	States Department of Homeland Security;
872	e.  A valid, unexpired An alien registration receipt card
873	(green card);
874	f.  A Consular Report of Birth Abroad provided by the
875	United States Department of State;
876	g.f.  An unexpired employment authorization card issued by
877	the United States Department of Homeland Security; or
878	h.g.  Proof of nonimmigrant classification provided by the
879	United States Department of Homeland Security, for an original
880	identification card. In order to prove such nonimmigrant
881	classification, applicants may produce but are not limited to
882	the following documents:
883	(I)  A notice of hearing from an immigration court
884	scheduling a hearing on any proceeding.
885	(II)  A notice from the Board of Immigration Appeals
886	acknowledging pendency of an appeal.
887	(III)  Notice of the approval of an application for
888	adjustment of status issued by the United States Bureau of
889	Citizenship and Immigration Services.
890	(IV)  Any official documentation confirming the filing of a
891	petition for asylum or refugee status or any other relief issued
892	by the United States Bureau of Citizenship and Immigration
893	Services.
894	(V)  Notice of action transferring any pending matter from
895	another jurisdiction to Florida, issued by the United States
896	Bureau of Citizenship and Immigration Services.
897	(VI)  Order of an immigration judge or immigration officer
898	granting any relief that authorizes the alien to live and work
899	in the United States including, but not limited to asylum.
900	(VII)  Evidence that an application is pending for
901	adjustment of status to that of an alien lawfully admitted for
902	permanent residence in the United States or conditional
903	permanent resident status in the United States, if a visa number
904	is available having a current priority date for processing by
905	the United States Bureau of Citizenship and Immigration
906	Services.
907	(VIII)  On or after January 1, 2010, an unexpired foreign
908	passport with an unexpired United States Visa affixed,
909	accompanied by an approved I-94, documenting the most recent
910	admittance into the United States.
911
912	Presentation of any of the documents described in sub-
913	subparagraph g. f. or sub-subparagraph h. g. entitles the
914	applicant to an identification card for a period not to exceed
915	the expiration date of the document presented or 1 year,
916	whichever first occurs.
917	(b)  An application for an identification card must be
918	signed and verified by the applicant in a format designated by
919	the department before a person authorized to administer oaths
920	and payment of the applicable fee pursuant to s. 322.21. The fee
921	for an identification card is $3, including payment for the
922	color photograph or digital image of the applicant.
923	(c)  Each such applicant may include fingerprints and any
924	other unique biometric means of identity.
925	(2)(a)  Every identification card:
926	1.  Issued to a person 5 years of age to 14 years of age
927	shall expire, unless canceled earlier, on the fourth birthday of
928	the applicant following the date of original issue.
929	2.  Issued to a person 15 years of age and older shall
930	expire, unless canceled earlier, on the eighth birthday of the
931	applicant following the date of original issue.
932
933	Renewal of an identification card shall be made for the
934	applicable term enumerated in this paragraph. However, if an
935	individual is 60 years of age or older, and has an
936	identification card issued under this section, the card shall
937	not expire unless done so by cancellation by the department or
938	by the death of the cardholder. Renewal of any identification
939	card shall be made for a term which shall expire on the fourth
940	birthday of the applicant following expiration of the
941	identification card renewed, unless surrendered earlier. Any
942	application for renewal received later than 90 days after
943	expiration of the identification card shall be considered the
944	same as an application for an original identification card. The
945	renewal fee for an identification card shall be $10, of which $4
946	shall be deposited into the General Revenue Fund and $6 into the
947	Highway Safety Operating Trust Fund. The department shall, at
948	the end of 4 years and 6 months after the issuance or renewal of
949	an identification card, destroy any record of the card if it has
950	expired and has not been renewed, unless the cardholder is 60
951	years of age or older.
952	(b)  Notwithstanding any other provision of this chapter,
953	if an applicant establishes his or her identity for an
954	identification card using a document authorized under sub-
955	subparagraph (1)(a)3.e., the identification card shall expire on
956	the eighth fourth birthday of the applicant following the date
957	of original issue or upon first renewal or duplicate issued
958	after implementation of this section. After an initial showing
959	of such documentation, he or she is exempted from having to
960	renew or obtain a duplicate in person.
961	(c)  Notwithstanding any other provisions of this chapter,
962	if an applicant establishes his or her identity for an
963	identification card using an identification document authorized
964	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
965	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
966	year 2 years after the date of issuance or upon the expiration
967	date cited on the United States Department of Homeland Security
968	documents, whichever date first occurs, and may not be renewed
969	or obtain a duplicate except in person.
970	Section 26.  Subsections (1), (2), and (6) of section
971	322.08, Florida Statutes, are amended to read:
972	322.08  Application for license.--
973	(1)  Each application for a driver's license shall be made
974	in a format designated by the department and sworn to or
975	affirmed by the applicant as to the truth of the statements made
976	in the application.
977	(2)  Each such application shall include the following
978	information regarding the applicant:
979	(a)  Full name (first, middle or maiden, and last), gender,
980	proof of social security card number satisfactory to the
981	department, county of residence, and mailing address, proof of
982	residential address satisfactory to the department, country of
983	birth, and a brief description.
984	(b)  Proof of birth date satisfactory to the department.
985	(c)  Proof of identity satisfactory to the department. Such
986	proof must include one of the following documents issued to the
987	applicant:
988	1.  A driver's license record or identification card record
989	from another jurisdiction that required the applicant to submit
990	a document for identification which is substantially similar to
991	a document required under subparagraph 2., subparagraph 3.,
992	subparagraph 4., subparagraph 5., subparagraph 6., or
993	subparagraph 7., or subparagraph 8.;
994	2.  A certified copy of a United States birth certificate;
995	3.  A valid, unexpired United States passport;
996	4.  A naturalization certificate issued by the United
997	States Department of Homeland Security;
998	5.  A valid, unexpired An alien registration receipt card
999	(green card);
1000	6.  A Consular Report of Birth Abroad provided by the
1001	United States Department of State;
1002	7.6.  An unexpired employment authorization card issued by
1003	the United States Department of Homeland Security; or
1004	8.7.  Proof of nonimmigrant classification provided by the
1005	United States Department of Homeland Security, for an original
1006	driver's license. In order to prove nonimmigrant classification,
1007	an applicant may produce the following documents, including, but
1008	not limited to:
1009	a.  A notice of hearing from an immigration court
1010	scheduling a hearing on any proceeding.
1011	b.  A notice from the Board of Immigration Appeals
1012	acknowledging pendency of an appeal.
1013	c.  A notice of the approval of an application for
1014	adjustment of status issued by the United States Bureau of
1015	Citizenship and Immigration Services.
1016	d.  Any official documentation confirming the filing of a
1017	petition for asylum or refugee status or any other relief issued
1018	by the United States Bureau of Citizenship and Immigration
1019	Services.
1020	e.  A notice of action transferring any pending matter from
1021	another jurisdiction to this state issued by the United States
1022	Bureau of Citizenship and Immigration Services.
1023	f.  An order of an immigration judge or immigration officer
1024	granting any relief that authorizes the alien to live and work
1025	in the United States, including, but not limited to, asylum.
1026	g.  Evidence that an application is pending for adjustment
1027	of status to that of an alien lawfully admitted for permanent
1028	residence in the United States or conditional permanent resident
1029	status in the United States, if a visa number is available
1030	having a current priority date for processing by the United
1031	States Bureau of Citizenship and Immigration Services.
1032	h.  On or after January 1, 2010, an unexpired foreign
1033	passport with an unexpired United States Visa affixed,
1034	accompanied by an approved I-94, documenting the most recent
1035	admittance into the United States.
1036
1037	Presentation of any of the documents in subparagraph 7. 6. or
1038	subparagraph 8. 7. entitles the applicant to a driver's license
1039	or temporary permit for a period not to exceed the expiration
1040	date of the document presented or 1 year, whichever occurs
1041	first.
1042	(d)  Whether the applicant has previously been licensed to
1043	drive, and, if so, when and by what state, and whether any such
1044	license or driving privilege has ever been disqualified,
1045	revoked, or suspended, or whether an application has ever been
1046	refused, and, if so, the date of and reason for such
1047	disqualification, suspension, revocation, or refusal.
1048	(e)  Each such application may include fingerprints and
1049	other unique biometric means of identity.
1050	(6)  The application form for a driver's license or
1051	duplicate thereof shall include language permitting the
1052	following:
1053	(a)  A voluntary contribution of $5 per applicant, which
1054	contribution shall be transferred into the Election Campaign
1055	Financing Trust Fund.
1056	(a)(b)  A voluntary contribution of $1 per applicant, which
1057	contribution shall be deposited into the Florida Organ and
1058	Tissue Donor Education and Procurement Trust Fund for organ and
1059	tissue donor education and for maintaining the organ and tissue
1060	donor registry.
1061	(b)(c)  A voluntary contribution of $1 per applicant, which
1062	contribution shall be distributed to the Florida Council of the
1063	Blind.
1064	(c)(d)  A voluntary contribution of $2 per applicant, which
1065	shall be distributed to the Hearing Research Institute,
1066	Incorporated.
1067	(d)(e)  A voluntary contribution of $1 per applicant, which
1068	shall be distributed to the Juvenile Diabetes Foundation
1069	International.
1070	(e)(f)  A voluntary contribution of $1 per applicant, which
1071	shall be distributed to the Children's Hearing Help Fund.
1072
1073	A statement providing an explanation of the purpose of the trust
1074	funds shall also be included. For the purpose of applying the
1075	service charge provided in s. 215.20, contributions received
1076	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1077	and under s. 322.18(9)(a) are not income of a revenue nature.
1078	Section 27.  Paragraph (a) of subsection (1) of section
1079	322.14, Florida Statutes, is amended to read:
1080	322.14  Licenses issued to drivers.--
1081	(1)(a)  The department shall, upon successful completion of
1082	all required examinations and payment of the required fee, issue
1083	to every applicant qualifying therefor, a driver's license as
1084	applied for, which license shall bear thereon a color photograph
1085	or digital image of the licensee; the name of the state; a
1086	distinguishing number assigned to the licensee; and the
1087	licensee's full name, date of birth, and residence mailing
1088	address; a brief description of the licensee, including, but not
1089	limited to, the licensee's gender and height; and the dates of
1090	issuance and expiration of the license. A space shall be
1091	provided upon which the licensee shall affix his or her usual
1092	signature. No license shall be valid until it has been so signed
1093	by the licensee except that the signature of said licensee shall
1094	not be required if it appears thereon in facsimile or if the
1095	licensee is not present within the state at the time of
1096	issuance. Applicants qualifying to receive a Class A, Class B,
1097	or Class C driver's license must appear in person within the
1098	state for issuance of a color photographic or digital imaged
1099	driver's license pursuant to s. 322.142.
1100	Section 28.  Section 322.15, Florida Statutes, is amended
1101	to read:
1102	322.15  License to be carried and exhibited on demand;
1103	fingerprint to be imprinted upon a citation.--
1104	(1)  Every licensee shall have his or her driver's license,
1105	which must be fully legible with no portion of such license
1106	faded, altered, mutilated, or defaced, in his or her immediate
1107	possession at all times when operating a motor vehicle and shall
1108	display the same upon the demand of a law enforcement officer or
1109	an authorized representative of the department.
1110	(2)  Upon the failure of any person to display a driver's
1111	license as required by subsection (1), the law enforcement
1112	officer or authorized representative of the department stopping
1113	the person shall require the person to imprint his or her
1114	fingerprints fingerprint upon any citation issued by the officer
1115	or authorized representative, or the officer or authorized
1116	representative shall collect the fingerprints electronically.
1117	(3)  In relation to violations of subsection (1) or s.
1118	322.03(5), persons who cannot supply proof of a valid driver's
1119	license for the reason that the license was suspended for
1120	failure to comply with that citation shall be issued a
1121	suspension clearance by the clerk of the court for that citation
1122	upon payment of the applicable penalty and fee for that
1123	citation. If proof of a valid driver's license is not provided
1124	to the clerk of the court within 30 days, the person's driver's
1125	license shall again be suspended for failure to comply.
1126	(4)  A violation of subsection (1) is a noncriminal traffic
1127	infraction, punishable as a nonmoving violation as provided in
1128	chapter 318.
1129	Section 29.  Section 322.17, Florida Statutes, is amended
1130	to read:
1131	322.17  Duplicate and replacement certificates.--
1132	(1)(a)  In the event that an instruction permit or driver's
1133	license issued under the provisions of this chapter is lost or
1134	destroyed, the person to whom the same was issued may, upon
1135	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1136	a replacement duplicate, or substitute thereof, upon furnishing
1137	proof satisfactory to the department that such permit or license
1138	has been lost or destroyed, and further furnishing the full
1139	name, date of birth, sex, residence and mailing address, proof
1140	of birth satisfactory to the department, and proof of identity
1141	satisfactory to the department. Five dollars of the fee levied
1142	in this paragraph shall go to the Highway Safety Operating Trust
1143	Fund of the department.
1144	(b)  In the event that an instruction permit or driver's
1145	license issued under the provisions of this chapter is stolen,
1146	the person to whom the same was issued may, at no charge, obtain
1147	a replacement duplicate, or substitute thereof, upon furnishing
1148	proof satisfactory to the department that such permit or license
1149	was stolen and further furnishing the full name, date of birth,
1150	sex, residence and mailing address, proof of birth satisfactory
1151	to the department, and proof of identity satisfactory to the
1152	department.
1153	(2)  Upon the surrender of the original license and the
1154	payment of the appropriate fees pursuant to s. 322.21 a $10
1155	replacement fee, the department shall issue a replacement
1156	license to make a change in name, address, or restrictions. Upon
1157	written request by the licensee and notification of a change in
1158	address, and the payment of a $10 fee, the department shall
1159	issue an address sticker which shall be affixed to the back of
1160	the license by the licensee. Nine dollars of the fee levied in
1161	this subsection shall go to the Highway Safety Operating Trust
1162	Fund of the department.
1163	(3)  Notwithstanding any other provisions of this chapter,
1164	if a licensee establishes his or her identity for a driver's
1165	license using an identification document authorized under s.
1166	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
1167	duplicate or replacement instruction permit or driver's license
1168	except in person and upon submission of an identification
1169	document authorized under s. 322.08(2)(c)7.6. or 8.7.
1170	Section 30.  Subsections (2), (4), (5), (8), and (9) of
1171	section 322.18, Florida Statutes, are amended to read:
1172	322.18  Original applications, licenses, and renewals;
1173	expiration of licenses; delinquent licenses.--
1174	(2)  Each applicant who is entitled to the issuance of a
1175	driver's license, as provided in this section, shall be issued a
1176	driver's license, as follows:
1177	(a)  An applicant who has not attained 80 years of age
1178	applying for an original issuance shall be issued a driver's
1179	license that which expires at midnight on the licensee's
1180	birthday which next occurs on or after the eighth sixth
1181	anniversary of the date of issue. An applicant who is at least
1182	80 years of age applying for an original issuance shall be
1183	issued a driver's license that expires at midnight on the
1184	licensee's birthday that next occurs on or after the sixth
1185	anniversary of the date of issue.
1186	(b)  An applicant who has not attained 80 years of age
1187	applying for a renewal issuance or renewal extension shall be
1188	issued a driver's license that or renewal extension sticker
1189	which expires at midnight on the licensee's birthday that which
1190	next occurs 8 4 years after the month of expiration of the
1191	license being renewed. An applicant who is at least 80 years of
1192	age applying for a renewal issuance shall be issued a driver's
1193	license that, except that a driver whose driving record reflects
1194	no convictions for the preceding 3 years shall be issued a
1195	driver's license or renewal extension sticker which expires at
1196	midnight on the licensee's birthday that which next occurs 6
1197	years after the month of expiration of the license being
1198	renewed.
1199	(c)  Notwithstanding any other provision of this chapter,
1200	if an applicant establishes his or her identity for a driver's
1201	license using a document authorized under s. 322.08(2)(c)5., the
1202	driver's license shall expire in accordance with paragraph (b).
1203	After an initial showing of such documentation, he or she is
1204	exempted from having to renew or obtain a duplicate in person.
1205	(d)  Notwithstanding any other provision of this chapter,
1206	if an applicant establishes his or her identity for a driver's
1207	license using a document authorized in s. 322.08(2)(c)7.6. or
1208	8.7., the driver's license shall expire 1 year 2 years after the
1209	date of issuance or upon the expiration date cited on the United
1210	States Department of Homeland Security documents, whichever date
1211	first occurs.
1212	(e)  Notwithstanding any other provision of this chapter,
1213	an applicant applying for an original or renewal issuance of a
1214	commercial driver's license as defined in s. 322.01(7), with a
1215	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1216	shall be issued a driver's license that expires at midnight on
1217	the licensee's birthday that next occurs 4 years after the month
1218	of expiration of the license being issued or renewed.
1219	(4)(a)  Except as otherwise provided in this chapter, all
1220	licenses shall be renewable every 8 4 years or 6 years,
1221	depending upon the terms of issuance and shall be issued or
1222	renewed extended upon application, payment of the fees required
1223	by s. 322.21, and successful passage of any required
1224	examination, unless the department has reason to believe that
1225	the licensee is no longer qualified to receive a license.
1226	(b)  Notwithstanding any other provision of this chapter,
1227	if an applicant establishes his or her identity for a driver's
1228	license using a document authorized under s. 322.08(2)(c)5., the
1229	license, upon an initial showing of such documentation, is
1230	exempted from having to renew or obtain a duplicate in person,
1231	unless the renewal or duplication coincides with the periodic
1232	reexamination of a driver as required pursuant to s. 322.121.
1233	(c)  Notwithstanding any other provision of this chapter,
1234	if a licensee establishes his or her identity for a driver's
1235	license using an identification document authorized under s.
1236	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1237	driver's license except in person and upon submission of an
1238	identification document authorized under s. 322.08(2)(c)7.6. or
1239	8.7. A driver's license renewed under this paragraph expires 1
1240	year 4 years after the date of issuance or upon the expiration
1241	date cited on the United States Department of Homeland Security
1242	documents, whichever date first occurs.
1243	(5)  All renewal driver's licenses may be issued after the
1244	applicant licensee has been determined to be eligible by the
1245	department.
1246	(a)  A licensee who is otherwise eligible for renewal and
1247	who is at least 80 over 79 years of age:
1248	1.  Must submit to and pass a vision test administered at
1249	any driver's license office; or
1250	2.  If the licensee applies for a renewal using a
1251	convenience service an extension by mail as provided in
1252	subsection (8), he or she must submit to a vision test
1253	administered by a physician licensed under chapter 458 or
1254	chapter 459, or an optometrist licensed under chapter 463, must
1255	send the results of that test to the department on a form
1256	obtained from the department and signed by such health care
1257	practitioner, and must meet vision standards that are equivalent
1258	to the standards for passing the departmental vision test. The
1259	physician or optometrist may submit the results of a vision test
1260	by a department-approved electronic means.
1261	(b)  A licensee who is at least 80 over 79 years of age may
1262	not submit an application for renewal extension under subsection
1263	(8) by a convenience service electronic or telephonic means,
1264	unless the results of a vision test have been electronically
1265	submitted in advance by the physician or optometrist.
1266	(8)  The department shall issue 8-year renewals using a
1267	convenience service 4-year and 6-year license extensions by
1268	mail, electronic, or telephonic means without reexamination to
1269	drivers who have not attained 80 years of age. The department
1270	shall issue 6-year renewals using a convenience service when the
1271	applicant has satisfied the requirements of subsection (5).
1272	(a)  If the department determines from its records that the
1273	holder of a license about to expire is eligible for renewal, the
1274	department shall mail a renewal notice to the licensee at his or
1275	her last known address, not less than 30 days prior to the
1276	licensee's birthday. The renewal notice shall direct the
1277	licensee to appear at a driver license office for in-person
1278	renewal or to transmit the completed renewal notice and the fees
1279	required by s. 322.21 to the department using a convenience
1280	service by mail, electronically, or telephonically within the 30
1281	days preceding the licensee's birthday for a license extension.
1282	License extensions shall not be available to drivers directed to
1283	appear for in-person renewal.
1284	(b)  Upon receipt of a properly completed renewal notice,
1285	payment of the required fees, and upon determining that the
1286	licensee is still eligible for renewal, the department shall
1287	send a new license extension sticker to the licensee to affix to
1288	the expiring license as evidence that the license term has been
1289	extended.
1290	(c)  The department shall issue one renewal using a
1291	convenience service license extensions for two consecutive
1292	license expirations only. Upon expiration of two consecutive
1293	license extension periods, in-person renewal with reexamination
1294	as provided in s. 322.121 shall be required. A person who is out
1295	of this state when his or her license expires may be issued a
1296	90-day temporary driving permit without reexamination. At the
1297	end of the 90-day period, the person must either return to this
1298	state or apply for a license where the person is located, except
1299	for a member of the Armed Forces as provided in s. 322.121(6).
1300	(d)  In-person renewal at a driver license office shall not
1301	be available to drivers whose records indicate they were
1302	directed to apply for a license extension.
1303	(d)(e)  Any person who knowingly possesses any forged,
1304	stolen, fictitious, counterfeit, or unlawfully issued license
1305	extension sticker, unless possession by such person has been
1306	duly authorized by the department, commits a misdemeanor of the
1307	second degree, punishable as provided in s. 775.082 or s.
1308	775.083.
1309	(e)(f)  The department shall develop a plan for the
1310	equitable distribution of license extensions and renewals and
1311	the orderly implementation of this section.
1312	(9)(a)  The application form for a renewal issuance or
1313	renewal extension shall include language permitting a voluntary
1314	contribution of $1 per applicant, to be quarterly distributed by
1315	the department to Prevent Blindness Florida, a not-for-profit
1316	organization, to prevent blindness and preserve the sight of the
1317	residents of this state. A statement providing an explanation of
1318	the purpose of the funds shall be included with the application
1319	form.
1320	(b)  Prior to the department distributing the funds
1321	collected pursuant to paragraph (a), Prevent Blindness Florida
1322	must submit a report to the department that identifies how such
1323	funds were used during the preceding year.
1324	Section 31.  Subsection (4) of section 322.181, Florida
1325	Statutes, is repealed.
1326	Section 32.  Subsections (2) and (4) of section 322.19,
1327	Florida Statutes, are amended to read:
1328	322.19  Change of address or name.--
1329	(2)  Whenever any person, after applying for or receiving a
1330	driver's license, changes the residence or mailing address in
1331	the application or license, the person must, within 10 calendar
1332	days, either obtain a replacement license that reflects the
1333	change or request in writing a change-of-address sticker. A The
1334	written request to the department must include the old and new
1335	addresses and the driver's license number.
1336	(4)  Notwithstanding any other provision of this chapter,
1337	if a licensee established his or her identity for a driver's
1338	license using an identification document authorized under s.
1339	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1340	name or address except in person and upon submission of an
1341	identification document authorized under s. 322.08(2)(c)7.6. or
1342	8.7.
1343	Section 33.  Subsection (1) of section 322.21, Florida
1344	Statutes, is amended to read:
1345	322.21  License fees; procedure for handling and collecting
1346	fees.--
1347	(1)  Except as otherwise provided herein, the fee for:
1348	(a)  An original or renewal commercial driver's license is
1349	$67 $50, which shall include the fee for driver education
1350	provided by s. 1003.48; however, if an applicant has completed
1351	training and is applying for employment or is currently employed
1352	in a public or nonpublic school system that requires the
1353	commercial license, the fee shall be the same as for a Class E
1354	driver's license. A delinquent fee of $1 shall be added for a
1355	renewal made not more than 12 months after the license
1356	expiration date.
1357	(b)  An original Class E driver's license is $27 $20, which
1358	shall include the fee for driver's education provided by s.
1359	1003.48; however, if an applicant has completed training and is
1360	applying for employment or is currently employed in a public or
1361	nonpublic school system that requires a commercial driver
1362	license, the fee shall be the same as for a Class E license.
1363	(c)  The renewal or extension of a Class E driver's license
1364	or of a license restricted to motorcycle use only is $20 $15,
1365	except that a delinquent fee of $1 shall be added for a renewal
1366	or extension made not more than 12 months after the license
1367	expiration date. The fee provided in this paragraph shall
1368	include the fee for driver's education provided by s. 1003.48.
1369	(d)  An original driver's license restricted to motorcycle
1370	use only is $27 $20, which shall include the fee for driver's
1371	education provided by s. 1003.48.
1372	(e)  A replacement driver's license issued pursuant to s.
1373	322.17 is $10. Of this amount $7 shall be deposited into the
1374	Highway Safety Operating Trust Fund and $3 shall be deposited
1375	into the General Revenue Fund.
1376	(f)  An original, renewal, or replacement identification
1377	card issued pursuant to s. 322.051 is $10. Funds collected from
1378	these fees shall be distributed as follows:
1379	1.  For an original identification card issued pursuant to
1380	s. 322.051 the fee shall be $10. This amount shall be deposited
1381	into the General Revenue Fund.
1382	2.  For a renewal identification card issued pursuant to s.
1383	322.051 the fee shall be $10. Of this amount, $6 shall be
1384	deposited into the Highway Safety Operating Trust Fund and $4
1385	shall be deposited into the General Revenue Fund.
1386	3.  For a replacement identification card issued pursuant
1387	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1388	deposited into the Highway Safety Operating Trust Fund and $1
1389	shall be deposited into the General Revenue Fund.
1390	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1391	(h)(f)  A hazardous-materials endorsement, as required by
1392	s. 322.57(1)(d), shall be set by the department by rule and
1393	shall reflect the cost of the required criminal history check,
1394	including the cost of the state and federal fingerprint check,
1395	and the cost to the department of providing and issuing the
1396	license. The fee shall not exceed $100. This fee shall be
1397	deposited in the Highway Safety Operating Trust Fund. The
1398	department may adopt rules to administer this section.
1399	Section 34.  Subsection (3) of section 322.2715, Florida
1400	Statutes is amended to read:
1401	322.2715  Ignition interlock device.--
1402	(3)  If the person is convicted of:
1403	(a)  A first offense of driving under the influence under
1404	s. 316.193 and has an unlawful blood-alcohol level or breath-
1405	alcohol level as specified in s. 316.193(4), or if a person is
1406	convicted of a violation of s. 316.193 and was at the time of
1407	the offense accompanied in the vehicle by a person younger than
1408	18 years of age, the person shall have the ignition interlock
1409	device installed for 6 continuous months for the first offense
1410	and for at least 2 continuous years for a second offense.
1411	(b)  A second offense of driving under the influence, the
1412	ignition interlock device shall be installed for a period of not
1413	less than 1 continuous year.
1414	(c)  A third offense of driving under the influence which
1415	occurs within 10 years after a prior conviction for a violation
1416	of s.316.193, the ignition interlock device shall be installed
1417	for a period of not less than 2 continuous years.
1418	(d)  A third offense of driving under the influence which
1419	occurs more than 10 years after the date of a prior conviction,
1420	the ignition interlock device shall be installed for a period of
1421	not less than 2 continuous years.
1422	Section 35.  Section 322.291, Florida Statutes is amended
1423	to read:
1424	322.291  Driver improvement schools or DUI programs;
1425	required in certain suspension and revocation cases.--Except as
1426	provided in s. 322.03(2), any person:
1427	(1)  Whose driving privilege has been revoked:
1428	(a)  Upon conviction for:
1429	1.  Driving, or being in actual physical control of, any
1430	vehicle while under the influence of alcoholic beverages, any
1431	chemical substance set forth in s. 877.111, or any substance
1432	controlled under chapter 893, in violation of s. 316.193;
1433	2.  Driving with an unlawful blood- or breath-alcohol
1434	level;
1435	3.  Manslaughter resulting from the operation of a motor
1436	vehicle;
1437	4.  Failure to stop and render aid as required under the
1438	laws of this state in the event of a motor vehicle crash
1439	resulting in the death or personal injury of another;
1440	5.  Reckless driving; or
1441	(b)  As a an habitual offender;
1442	(c)  Upon direction of the court, if the court feels that
1443	the seriousness of the offense and the circumstances surrounding
1444	the conviction warrant the revocation of the licensee's driving
1445	privilege; or
1446	(2)  Whose license was suspended under the point system,
1447	was suspended for driving with an unlawful blood-alcohol level
1448	of 0.10 percent or higher before January 1, 1994, was suspended
1449	for driving with an unlawful blood-alcohol level of 0.08 percent
1450	or higher after December 31, 1993, was suspended for a violation
1451	of s. 316.193(1), or was suspended for refusing to submit to a
1452	lawful breath, blood, or urine test as provided in s. 322.2615
1453
1454	shall, before the driving privilege may be reinstated, present
1455	to the department proof of enrollment in a department-approved
1456	advanced driver improvement course operating pursuant to s.
1457	318.1451 or a substance abuse education course conducted by a
1458	DUI program licensed pursuant to s. 322.292, which shall include
1459	a psychosocial evaluation and treatment, if referred.
1460	Additionally, for a third or subsequent violation of
1461	requirements for installation of an ignition interlock device, a
1462	person must complete treatment as determined by a licensed
1463	treatment agency following a referral by a DUI program and have
1464	the duration of the ignition interlock device requirement
1465	extended by at least 1 month up to the time period required to
1466	complete treatment. If the person fails to complete such course
1467	or evaluation within 90 days after reinstatement, or
1468	subsequently fails to complete treatment, if referred, the DUI
1469	program shall notify the department of the failure. Upon receipt
1470	of the notice, the department shall cancel the offender's
1471	driving privilege, notwithstanding the expiration of the
1472	suspension or revocation of the driving privilege. The
1473	department may temporarily reinstate the driving privilege upon
1474	verification from the DUI program that the offender has
1475	completed the education course and evaluation requirement and
1476	has reentered and is currently participating in treatment. If
1477	the DUI program notifies the department of the second failure to
1478	complete treatment, the department shall reinstate the driving
1479	privilege only after notice of completion of treatment from the
1480	DUI program.
1481	Section 36.  Section 322.36, Florida Statutes, is amended
1482	to read:
1483	322.36  Permitting unauthorized operator to drive.--A No
1484	person may not shall authorize or knowingly permit a motor
1485	vehicle owned by him or her or under his or her dominion or
1486	control to be operated upon any highway or public street except
1487	by a person who is persons duly authorized to operate a motor
1488	vehicle vehicles under the provisions of this chapter. Any
1489	person who violates violating this section commits provision is
1490	guilty of a misdemeanor of the second degree, punishable as
1491	provided in s. 775.082 or s. 775.083. If a person violates this
1492	section by knowingly loaning a vehicle to a person whose
1493	driver's license is suspended and if that vehicle is involved in
1494	an accident resulting in bodily injury or death, the driver's
1495	license of the person violating this section shall be suspended
1496	for 1 year.
1497	Section 37.  Section 322.60, Florida Statutes, is repealed.
1498	Section 38.  Subsections (1) through (6) of section 322.61,
1499	Florida Statutes, are amended to read:
1500	322.61  Disqualification from operating a commercial motor
1501	vehicle.--
1502	(1)  A person who, for offenses occurring within a 3-year
1503	period, is convicted of two of the following serious traffic
1504	violations or any combination thereof, arising in separate
1505	incidents committed in a commercial motor vehicle shall, in
1506	addition to any other applicable penalties, be disqualified from
1507	operating a commercial motor vehicle for a period of 60 days. A
1508	holder of a commercial driver's license person who, for offenses
1509	occurring within a 3-year period, is convicted of two of the
1510	following serious traffic violations, or any combination
1511	thereof, arising in separate incidents committed in a
1512	noncommercial motor vehicle shall, in addition to any other
1513	applicable penalties, be disqualified from operating a
1514	commercial motor vehicle for a period of 60 days if such
1515	convictions result in the suspension, revocation, or
1516	cancellation of the licenseholder's driving privilege:
1517	(a)  A violation of any state or local law relating to
1518	motor vehicle traffic control, other than a parking violation, a
1519	weight violation, or a vehicle equipment violation, arising in
1520	connection with a crash resulting in death or personal injury to
1521	any person;
1522	(b)  Reckless driving, as defined in s. 316.192;
1523	(c)  Careless driving, as defined in s. 316.1925;
1524	(d)  Fleeing or attempting to elude a law enforcement
1525	officer, as defined in s. 316.1935;
1526	(e)  Unlawful speed of 15 miles per hour or more above the
1527	posted speed limit;
1528	(f)  Driving a commercial motor vehicle, owned by such
1529	person, which is not properly insured;
1530	(g)  Improper lane change, as defined in s. 316.085;
1531	(h)  Following too closely, as defined in s. 316.0895;
1532	(i)  Driving a commercial vehicle without obtaining a
1533	commercial driver's license;
1534	(j)  Driving a commercial vehicle without the proper class
1535	of commercial driver's license or without the proper
1536	endorsement; or
1537	(k)  Driving a commercial vehicle without a commercial
1538	driver's license in possession, as required by s. 322.03. Any
1539	individual who provides proof to the clerk of the court or
1540	designated official in the jurisdiction where the citation was
1541	issued, by the date the individual must appear in court or pay
1542	any fine for such a violation, that the individual held a valid
1543	commercial driver's license on the date the citation was issued
1544	is not guilty of this offense.
1545	(2)(a)  Any person who, for offenses occurring within a 3-
1546	year period, is convicted of three serious traffic violations
1547	specified in subsection (1) or any combination thereof, arising
1548	in separate incidents committed in a commercial motor vehicle
1549	shall, in addition to any other applicable penalties, including
1550	but not limited to the penalty provided in subsection (1), be
1551	disqualified from operating a commercial motor vehicle for a
1552	period of 120 days.
1553	(b)  A holder of a commercial driver's license person who,
1554	for offenses occurring within a 3-year period, is convicted of
1555	three serious traffic violations specified in subsection (1) or
1556	any combination thereof arising in separate incidents committed
1557	in a noncommercial motor vehicle shall, in addition to any other
1558	applicable penalties, including, but not limited to, the penalty
1559	provided in subsection (1), be disqualified from operating a
1560	commercial motor vehicle for a period of 120 days if such
1561	convictions result in the suspension, revocation, or
1562	cancellation of the licenseholder's driving privilege.
1563	(3)(a)  Except as provided in subsection (4), any person
1564	who is convicted of one of the following offenses listed in
1565	paragraph (b) while operating a commercial motor vehicle shall,
1566	in addition to any other applicable penalties, be disqualified
1567	from operating a commercial motor vehicle for a period of 1
1568	year:
1569	(b)  Except as provided in subsection (4), any holder of a
1570	commercial driver's license who is convicted of one of the
1571	offenses listed in this paragraph while operating a
1572	noncommercial motor vehicle shall, in addition to any other
1573	applicable penalties, be disqualified from operating a
1574	commercial motor vehicle for a period of 1 year:
1575	1.(a)  Driving a commercial motor vehicle while he or she
1576	is under the influence of alcohol or a controlled substance;
1577	2.(b)  Driving a commercial motor vehicle while the alcohol
1578	concentration of his or her blood, breath, or urine is .04
1579	percent or higher;
1580	3.(c)  Leaving the scene of a crash involving a commercial
1581	motor vehicle driven by such person;
1582	4.(d)  Using a commercial motor vehicle in the commission
1583	of a felony;
1584	5.(e)  Driving a commercial motor vehicle while in
1585	possession of a controlled substance;
1586	6.(f)  Refusing to submit to a test to determine his or her
1587	alcohol concentration while driving a commercial motor vehicle;
1588	7.(g)  Driving a commercial vehicle while the
1589	licenseholder's commercial driver's license is suspended,
1590	revoked, or canceled or while the licenseholder is disqualified
1591	from driving a commercial vehicle; or
1592	8.(h)  Causing a fatality through the negligent operation
1593	of a commercial motor vehicle.
1594	(4)  Any person who is transporting hazardous materials as
1595	defined in s. 322.01(24) in a vehicle that is required to be
1596	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1597	shall, upon conviction of an offense specified in subsection
1598	(3), be disqualified from operating a commercial motor vehicle
1599	for a period of 3 years. The penalty provided in this subsection
1600	shall be in addition to any other applicable penalty.
1601	(5)  Any person who is convicted of two violations
1602	specified in subsection (3) which were committed while operating
1603	a commercial motor vehicle, or any combination thereof, arising
1604	in separate incidents shall be permanently disqualified from
1605	operating a commercial motor vehicle. Any holder of a commercial
1606	driver's license who is convicted of two violations specified in
1607	subsection (3) which were committed while operating a
1608	noncommercial motor vehicle, or any combination thereof, arising
1609	in separate incidents shall be permanently disqualified from
1610	operating a commercial motor vehicle. The penalty provided in
1611	this subsection is shall be in addition to any other applicable
1612	penalty.
1613	(6)  Notwithstanding subsections (3), (4), and (5), any
1614	person who uses a commercial motor vehicle in the commission of
1615	any felony involving the manufacture, distribution, or
1616	dispensing of a controlled substance, including possession with
1617	intent to manufacture, distribute, or dispense a controlled
1618	substance, shall, upon conviction of such felony, be permanently
1619	disqualified from operating a commercial motor vehicle.
1620	Notwithstanding subsections (3), (4), and (5), any holder of a
1621	commercial driver's license who uses a noncommercial motor
1622	vehicle in the commission of any felony involving the
1623	manufacture, distribution, or dispensing of a controlled
1624	substance, including possession with intent to manufacture,
1625	distribute, or dispense a controlled substance, shall, upon
1626	conviction of such felony, be permanently disqualified from
1627	operating a commercial motor vehicle. The penalty provided in
1628	this subsection is shall be in addition to any other applicable
1629	penalty.
1630	Section 39.  Section 322.64, Florida Statutes, is amended
1631	to read:
1632	322.64  Holder of commercial driver's license; persons
1633	operating a commercial motor vehicle; driving with unlawful
1634	blood-alcohol level; refusal to submit to breath, urine, or
1635	blood test.--
1636	(1)(a)  A law enforcement officer or correctional officer
1637	shall, on behalf of the department, disqualify from operating
1638	any commercial motor vehicle a person who while operating or in
1639	actual physical control of a commercial motor vehicle is
1640	arrested for a violation of s. 316.193, relating to unlawful
1641	blood-alcohol level or breath-alcohol level, or a person who has
1642	refused to submit to a breath, urine, or blood test authorized
1643	by s. 322.63 arising out of the operation or actual physical
1644	control of a commercial motor vehicle. A law enforcement officer
1645	or correctional officer shall, on behalf of the department,
1646	disqualify the holder of a commercial driver's license from
1647	operating any commercial motor vehicle if the licenseholder,
1648	while operating or in actual physical control of a motor
1649	vehicle, is arrested for a violation of s. 316.193, relating to
1650	unlawful blood-alcohol level or breath-alcohol level, or refused
1651	to submit to a breath, urine, or blood test authorized by s.
1652	322.63. Upon disqualification of the person, the officer shall
1653	take the person's driver's license and issue the person a 10-day
1654	temporary permit for the operation of noncommercial vehicles
1655	only if the person is otherwise eligible for the driving
1656	privilege and shall issue the person a notice of
1657	disqualification. If the person has been given a blood, breath,
1658	or urine test, the results of which are not available to the
1659	officer at the time of the arrest, the agency employing the
1660	officer shall transmit such results to the department within 5
1661	days after receipt of the results. If the department then
1662	determines that the person was arrested for a violation of s.
1663	316.193 and that the person had a blood-alcohol level or breath-
1664	alcohol level of 0.08 or higher, the department shall disqualify
1665	the person from operating a commercial motor vehicle pursuant to
1666	subsection (3).
1667	(b)  The disqualification under paragraph (a) shall be
1668	pursuant to, and the notice of disqualification shall inform the
1669	driver of, the following:
1670	1.a.  The driver refused to submit to a lawful breath,
1671	blood, or urine test and he or she is disqualified from
1672	operating a commercial motor vehicle for a period of 1 year, for
1673	a first refusal, or permanently, if he or she has previously
1674	been disqualified as a result of a refusal to submit to such a
1675	test; or
1676	b.  The driver was driving or in actual physical control of
1677	a commercial motor vehicle, or any motor vehicle if the driver
1678	holds a commercial driver's license, had an unlawful blood-
1679	alcohol level or breath-alcohol level of 0.08 or higher, and his
1680	or her driving privilege shall be disqualified for a period of 1
1681	year for a first offense or permanently disqualified if his or
1682	her driving privilege has been previously disqualified under
1683	this section. violated s. 316.193 by driving with an unlawful
1684	blood-alcohol level and he or she is disqualified from operating
1685	a commercial motor vehicle for a period of 6 months for a first
1686	offense or for a period of 1 year if he or she has previously
1687	been disqualified, or his or her driving privilege has been
1688	previously suspended, for a violation of s. 316.193.
1689	2.  The disqualification period for operating commercial
1690	vehicles shall commence on the date of arrest or issuance of the
1691	notice of disqualification, whichever is later.
1692	3.  The driver may request a formal or informal review of
1693	the disqualification by the department within 10 days after the
1694	date of arrest or issuance of the notice of disqualification,
1695	whichever is later.
1696	4.  The temporary permit issued at the time of arrest or
1697	disqualification expires will expire at midnight of the 10th day
1698	following the date of disqualification.
1699	5.  The driver may submit to the department any materials
1700	relevant to the disqualification arrest.
1701	(2)  Except as provided in paragraph (1)(a), the law
1702	enforcement officer shall forward to the department, within 5
1703	days after the date of the arrest or the issuance of the notice
1704	of disqualification, whichever is later, a copy of the notice of
1705	disqualification, the driver's license of the person
1706	disqualified arrested, and a report of the arrest, including, if
1707	applicable, an affidavit stating the officer's grounds for
1708	belief that the person disqualified arrested was operating or in
1709	actual physical control of a commercial motor vehicle, or holds
1710	a commercial driver's license, and had an unlawful blood-alcohol
1711	or breath-alcohol level in violation of s. 316.193; the results
1712	of any breath or blood or urine test or an affidavit stating
1713	that a breath, blood, or urine test was requested by a law
1714	enforcement officer or correctional officer and that the person
1715	arrested refused to submit; a copy of the notice of
1716	disqualification citation issued to the person arrested; and the
1717	officer's description of the person's field sobriety test, if
1718	any. The failure of the officer to submit materials within the
1719	5-day period specified in this subsection or subsection (1) does
1720	shall not affect the department's ability to consider any
1721	evidence submitted at or prior to the hearing. The officer may
1722	also submit a copy of a videotape of the field sobriety test or
1723	the attempt to administer such test and a copy of the crash
1724	report, if any.
1725	(3)  If the department determines that the person arrested
1726	should be disqualified from operating a commercial motor vehicle
1727	pursuant to this section and if the notice of disqualification
1728	has not already been served upon the person by a law enforcement
1729	officer or correctional officer as provided in subsection (1),
1730	the department shall issue a notice of disqualification and,
1731	unless the notice is mailed pursuant to s. 322.251, a temporary
1732	permit which expires 10 days after the date of issuance if the
1733	driver is otherwise eligible.
1734	(4)  If the person disqualified arrested requests an
1735	informal review pursuant to subparagraph (1)(b)3., the
1736	department shall conduct the informal review by a hearing
1737	officer employed by the department. Such informal review hearing
1738	shall consist solely of an examination by the department of the
1739	materials submitted by a law enforcement officer or correctional
1740	officer and by the person disqualified arrested, and the
1741	presence of an officer or witness is not required.
1742	(5)  After completion of the informal review, notice of the
1743	department's decision sustaining, amending, or invalidating the
1744	disqualification must be provided to the person. Such notice
1745	must be mailed to the person at the last known address shown on
1746	the department's records, and to the address provided in the law
1747	enforcement officer's report if such address differs from the
1748	address of record, within 21 days after the expiration of the
1749	temporary permit issued pursuant to subsection (1) or subsection
1750	(3).
1751	(6)(a)  If the person disqualified arrested requests a
1752	formal review, the department must schedule a hearing to be held
1753	within 30 days after such request is received by the department
1754	and must notify the person of the date, time, and place of the
1755	hearing.
1756	(b)  Such formal review hearing shall be held before a
1757	hearing officer employed by the department, and the hearing
1758	officer shall be authorized to administer oaths, examine
1759	witnesses and take testimony, receive relevant evidence, issue
1760	subpoenas for the officers and witnesses identified in documents
1761	as provided in subsection (2), regulate the course and conduct
1762	of the hearing, and make a ruling on the disqualification. The
1763	department and the person disqualified arrested may subpoena
1764	witnesses, and the party requesting the presence of a witness
1765	shall be responsible for the payment of any witness fees. If the
1766	person who requests a formal review hearing fails to appear and
1767	the hearing officer finds such failure to be without just cause,
1768	the right to a formal hearing is waived and the department shall
1769	conduct an informal review of the disqualification under
1770	subsection (4).
1771	(c)  A party may seek enforcement of a subpoena under
1772	paragraph (b) by filing a petition for enforcement in the
1773	circuit court of the judicial circuit in which the person
1774	failing to comply with the subpoena resides. A failure to comply
1775	with an order of the court shall result in a finding of contempt
1776	of court. However, a person shall not be in contempt while a
1777	subpoena is being challenged.
1778	(d)  The department must, within 7 days after a formal
1779	review hearing, send notice to the person of the hearing
1780	officer's decision as to whether sufficient cause exists to
1781	sustain, amend, or invalidate the disqualification.
1782	(7)  In a formal review hearing under subsection (6) or an
1783	informal review hearing under subsection (4), the hearing
1784	officer shall determine by a preponderance of the evidence
1785	whether sufficient cause exists to sustain, amend, or invalidate
1786	the disqualification. The scope of the review shall be limited
1787	to the following issues:
1788	(a)  If the person was disqualified from operating a
1789	commercial motor vehicle for driving with an unlawful blood-
1790	alcohol level in violation of s. 316.193:
1791	1.  Whether the arresting law enforcement officer had
1792	probable cause to believe that the person was driving or in
1793	actual physical control of a commercial motor vehicle, or any
1794	motor vehicle if the driver holds a commercial driver's license,
1795	in this state while he or she had any alcohol, chemical
1796	substances, or controlled substances in his or her body.
1797	2.  Whether the person was placed under lawful arrest for a
1798	violation of s. 316.193.
1799	2.3.  Whether the person had an unlawful blood-alcohol
1800	level or breath-alcohol level of 0.08 or higher as provided in
1801	s. 316.193.
1802	(b)  If the person was disqualified from operating a
1803	commercial motor vehicle for refusal to submit to a breath,
1804	blood, or urine test:
1805	1.  Whether the law enforcement officer had probable cause
1806	to believe that the person was driving or in actual physical
1807	control of a commercial motor vehicle, or any motor vehicle if
1808	the driver holds a commercial driver's license, in this state
1809	while he or she had any alcohol, chemical substances, or
1810	controlled substances in his or her body.
1811	2.  Whether the person refused to submit to the test after
1812	being requested to do so by a law enforcement officer or
1813	correctional officer.
1814	3.  Whether the person was told that if he or she refused
1815	to submit to such test he or she would be disqualified from
1816	operating a commercial motor vehicle for a period of 1 year or,
1817	in the case of a second refusal, permanently.
1818	(8)  Based on the determination of the hearing officer
1819	pursuant to subsection (7) for both informal hearings under
1820	subsection (4) and formal hearings under subsection (6), the
1821	department shall:
1822	(a)  Sustain the disqualification for a period of 1 year
1823	for a first refusal, or permanently if such person has been
1824	previously disqualified from operating a commercial motor
1825	vehicle as a result of a refusal to submit to such tests. The
1826	disqualification period commences on the date of the arrest or
1827	issuance of the notice of disqualification, whichever is later.
1828	(b)  Sustain the disqualification:
1829	1.  For a period of 1 year if the person was driving or in
1830	actual physical control of a commercial motor vehicle, or any
1831	motor vehicle if the driver holds a commercial driver's license,
1832	and had an unlawful blood-alcohol level or breath-alcohol level
1833	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1834	for a period of 1 year
1835	2.  Permanently if the person has been previously
1836	disqualified from operating a commercial motor vehicle or his or
1837	her driving privilege has been previously suspended for driving
1838	or being in actual physical control of a commercial motor
1839	vehicle, or any motor vehicle if the driver holds a commercial
1840	driver's license, and had an unlawful blood-alcohol level or
1841	breath-alcohol level of 0.08 or higher as a result of a
1842	violation of s. 316.193.
1843
1844	The disqualification period commences on the date of the arrest
1845	or issuance of the notice of disqualification, whichever is
1846	later.
1847	(9)  A request for a formal review hearing or an informal
1848	review hearing shall not stay the disqualification. If the
1849	department fails to schedule the formal review hearing to be
1850	held within 30 days after receipt of the request therefor, the
1851	department shall invalidate the disqualification. If the
1852	scheduled hearing is continued at the department's initiative,
1853	the department shall issue a temporary driving permit limited to
1854	noncommercial vehicles which is shall be valid until the hearing
1855	is conducted if the person is otherwise eligible for the driving
1856	privilege. Such permit shall not be issued to a person who
1857	sought and obtained a continuance of the hearing. The permit
1858	issued under this subsection shall authorize driving for
1859	business purposes or employment use only.
1860	(10)  A person who is disqualified from operating a
1861	commercial motor vehicle under subsection (1) or subsection (3)
1862	is eligible for issuance of a license for business or employment
1863	purposes only under s. 322.271 if the person is otherwise
1864	eligible for the driving privilege. However, such business or
1865	employment purposes license shall not authorize the driver to
1866	operate a commercial motor vehicle.
1867	(11)  The formal review hearing may be conducted upon a
1868	review of the reports of a law enforcement officer or a
1869	correctional officer, including documents relating to the
1870	administration of a breath test or blood test or the refusal to
1871	take either test. However, as provided in subsection (6), the
1872	driver may subpoena the officer or any person who administered
1873	or analyzed a breath or blood test.
1874	(12)  The formal review hearing and the informal review
1875	hearing are exempt from the provisions of chapter 120. The
1876	department is authorized to adopt rules for the conduct of
1877	reviews under this section.
1878	(13)  A person may appeal any decision of the department
1879	sustaining the disqualification from operating a commercial
1880	motor vehicle by a petition for writ of certiorari to the
1881	circuit court in the county wherein such person resides or
1882	wherein a formal or informal review was conducted pursuant to s.
1883	322.31. However, an appeal shall not stay the disqualification.
1884	This subsection shall not be construed to provide for a de novo
1885	appeal.
1886	(14)  The decision of the department under this section
1887	shall not be considered in any trial for a violation of s.
1888	316.193, s. 322.61, or s. 322.62, nor shall any written
1889	statement submitted by a person in his or her request for
1890	departmental review under this section be admissible into
1891	evidence against him or her in any such trial. The disposition
1892	of any related criminal proceedings shall not affect a
1893	disqualification imposed pursuant to this section.
1894	(15)  This section does not preclude the suspension of the
1895	driving privilege pursuant to s. 322.2615. The driving privilege
1896	of a person who has been disqualified from operating a
1897	commercial motor vehicle also may be suspended for a violation
1898	of s. 316.193.
1899	Section 40.  Subsection (10) of section 324.021, Florida
1900	Statutes, is amended to read:
1901	324.021  Definitions; minimum insurance required.--The
1902	following words and phrases when used in this chapter shall, for
1903	the purpose of this chapter, have the meanings respectively
1904	ascribed to them in this section, except in those instances
1905	where the context clearly indicates a different meaning:
1906	(10)  JUDGMENT.--Any judgment becoming which shall have
1907	become final by expiration without appeal of the time within
1908	which an appeal might have been perfected, or by final
1909	affirmation on appeal, rendered by a court of competent
1910	jurisdiction of any state or of the United States upon a cause
1911	of action arising out of the ownership, maintenance, or use of
1912	any motor vehicle for damages, including damages for care and
1913	loss of services because of bodily injury to or death of any
1914	person, or for damages because of injury to or destruction of
1915	property, including the loss of use thereof, or upon a cause of
1916	action on an agreement of settlement for such damage.
1917	Section 41.  Subsection (19) of section 501.976, Florida
1918	Statutes, is amended to read:
1919	501.976  Actionable, unfair, or deceptive acts or
1920	practices.--It is an unfair or deceptive act or practice,
1921	actionable under the Florida Deceptive and Unfair Trade
1922	Practices Act, for a dealer to:
1923	(19)  Fail to disclose damage to a new motor vehicle, as
1924	defined in s. 319.001(9)(8), of which the dealer had actual
1925	knowledge, if the dealer's actual cost of repairs exceeds the
1926	threshold amount, excluding replacement items.
1927
1928	In any civil litigation resulting from a violation of this
1929	section, when evaluating the reasonableness of an award of
1930	attorney's fees to a private person, the trial court shall
1931	consider the amount of actual damages in relation to the time
1932	spent.
1933	Section 42.  Effective July 1, 2008, except for specialty
1934	license plates approved before or during the 2008 Legislative
1935	session, the Department of Highway Safety and Motor Vehicles may
1936	not issue any new specialty license plates pursuant to ss.
1937	320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
1938	and July 1, 2011.
1939	Section 43.  Joseph P. Bertrand Building designated;
1940	Department of Highway Safety and Motor Vehicles to erect
1941	suitable markers.--
1942	(1)  The Regional Transportation Management Center in the
1943	City of Fort Myers in Lee County is designated the "Joseph P.
1944	Bertrand Building."
1945	(2)  The Department of Highway Safety and Motor Vehicles is
1946	directed to erect suitable markers designating the "Joseph P.
1947	Bertrand Building" as described in subsection (1).
1948	Section 44.  Except as otherwise expressly provided in this
1949	act and except for this section, which shall take effect upon
1950	this act becoming a law, this act shall take effect October 1,
1951	2008.

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