Amendment
Bill No. CS/CS/CS/SB 1992

Amendment No. 758591

CHAMBER ACTION
Senate		House
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1	Representative Glorioso offered the following:
2	Amendment (with title amendment)
3	Remove everything after the enacting clause and insert:
4	Section 1.  Section 316.0741, Florida Statutes, is amended
5	to read:
6	316.0741  High-occupancy-vehicle High occupancy vehicle
7	lanes.--
8	(1)  As used in this section, the term:
9	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
10	or "HOV lane" means a lane of a public roadway designated for
11	use by vehicles in which there is more than one occupant unless
12	otherwise authorized by federal law.
13	(b)  "Hybrid vehicle" means a motor vehicle:
14	1.  That draws propulsion energy from onboard sources of
15	stored energy which are both an internal combustion or heat
16	engine using combustible fuel and a rechargeable energy-storage
17	system; and
18	2.  That, in the case of a passenger automobile or light
19	truck, has received a certificate of conformity under the Clean
20	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
21	equivalent qualifying California standards for a low-emission
22	vehicle.
23	(2)  The number of persons that must be in a vehicle to
24	qualify for legal use of the HOV lane and the hours during which
25	the lane will serve as an HOV lane, if it is not designated as
26	such on a full-time basis, must also be indicated on a traffic
27	control device.
28	(3)  Except as provided in subsection (4), a vehicle may
29	not be driven in an HOV lane if the vehicle is occupied by fewer
30	than the number of occupants indicated by a traffic control
31	device. A driver who violates this section shall be cited for a
32	moving violation, punishable as provided in chapter 318.
33	(4)(a)  Notwithstanding any other provision of this
34	section, an inherently low-emission vehicle (ILEV) that is
35	certified and labeled in accordance with federal regulations may
36	be driven in an HOV lane at any time, regardless of its
37	occupancy. In addition, upon the state's receipt of written
38	notice from the proper federal regulatory agency authorizing
39	such use, a vehicle defined as a hybrid vehicle under this
40	section may be driven in an HOV lane at any time, regardless of
41	its occupancy.
42	(b)  All eligible hybrid and all eligible other low-
43	emission and energy-efficient vehicles driven in an HOV lane
44	must comply with the minimum fuel economy standards in 23 U.S.C.
45	s. 166(f)(3)(B).
46	(c)  Upon issuance of the applicable United States
47	Environmental Protection Agency final rule pursuant to 23 U.S.C.
48	s. 166(e), relating to the eligibility of hybrid and other low-
49	emission and energy-efficient vehicles for operation in an HOV
50	lane, regardless of occupancy, the Department of Transportation
51	shall review the rule and recommend to the Legislature any
52	statutory changes necessary for compliance with the federal
53	rule. The department shall provide its recommendations no later
54	than 30 days following issuance of the final rule.
55	(5)  The department shall issue a decal and registration
56	certificate, to be renewed annually, reflecting the HOV lane
57	designation on such vehicles meeting the criteria in subsection
58	(4) authorizing driving in an HOV lane at any time such use. The
59	department may charge a fee for a decal, not to exceed the costs
60	of designing, producing, and distributing each decal, or $5,
61	whichever is less. The proceeds from sale of the decals shall be
62	deposited in the Highway Safety Operating Trust Fund. The
63	department may, for reasons of operation and management of HOV
64	facilities, limit or discontinue issuance of decals for the use
65	of HOV facilities by hybrid and low-emission and energy-
66	efficient vehicles, regardless of occupancy, if it has been
67	determined by the Department of Transportation that the
68	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
69	(6)  Vehicles having decals by virtue of compliance with
70	the minimum fuel economy standards under 23 U.S.C. s.
71	166(f)(3)(B), and which are registered for use in high-occupancy
72	toll lanes or express lanes in accordance with Department of
73	Transportation rule, shall be allowed to use any HOV lanes
74	redesignated as high-occupancy toll lanes or express lanes
75	without payment of a toll.
76	(5)  As used in this section, the term "hybrid vehicle"
77	means a motor vehicle:
78	(a)  That draws propulsion energy from onboard sources of
79	stored energy which are both:
80	1.  An internal combustion or heat engine using combustible
81	fuel; and
82	2.  A rechargeable energy storage system; and
83	(b)  That, in the case of a passenger automobile or light
84	truck:
85	1.  Has received a certificate of conformity under the
86	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
87	2.  Meets or exceeds the equivalent qualifying California
88	standards for a low-emission vehicle.
89	(7)(6)  The department may adopt rules necessary to
90	administer this section.
91	Section 2.  Paragraph (b) of subsection (1) of section
92	316.1575, Florida Statutes, is amended to read:
93	316.1575  Obedience to traffic control devices at railroad-
94	highway grade crossings.--
95	(1)  Any person walking or driving a vehicle and
96	approaching a railroad-highway grade crossing under any of the
97	circumstances stated in this section shall stop within 50 feet
98	but not less than 15 feet from the nearest rail of such railroad
99	and shall not proceed until he or she can do so safely. The
100	foregoing requirements apply when:
101	(b)  A crossing gate is lowered or a law enforcement
102	officer or a human flagger gives or continues to give a signal
103	of the approach or passage of a railroad train;
104	Section 3.  Effective July 1, 2008, subsection (6) of
105	section 316.1895, Florida Statutes, is amended to read:
106	316.1895  Establishment of school speed zones, enforcement;
107	designation.--
108	(6)  Permanent signs designating school zones and school
109	zone speed limits shall be uniform in size and color, and shall
110	have the times during which the restrictive speed limit is
111	enforced clearly designated thereon. Flashing beacons activated
112	by a time clock, or other automatic device, or manually
113	activated may be used as an alternative to posting the times
114	during which the restrictive school speed limit is enforced.
115	Beginning July 1, 2008, for any newly established school zone or
116	any school zone in which the signing has been replaced, a sign
117	stating "Speeding Fines Doubled" shall be installed within the
118	school zone. The Department of Transportation shall establish
119	adequate standards for the signs and flashing beacons.
120	Section 4.  Paragraph (d) is added to subsection (1) of
121	section 316.191, Florida Statutes, subsections (3), (4), and (5)
122	of that section are renumbered as subsections (4), (5), and (6),
123	respectively, and a new subsection (3) is added to that section,
124	to read:
125	316.191  Racing on highways.--
126	(1)  As used in this section, the term:
127	(d)  "Spectator" means any person who is knowingly present
128	at and views a drag race, when such presence is the result of an
129	affirmative choice to attend or participate in the race. For
130	purposes of determining whether or not an individual is a
131	spectator, finders of fact shall consider the relationship
132	between the racer and the individual, evidence of gambling or
133	betting on the outcome of the race, and any other factor that
134	would tend to show knowing attendance or participation.
135	(3)(a)  A person may not be a spectator at any drag race
136	prohibited under subsection (2).
137	(b)  A person who violates the provisions of paragraph (a)
138	commits a noncriminal traffic infraction, punishable as a moving
139	violation as provided in chapter 318.
140	Section 5.  Subsection (4) of section 316.193, Florida
141	Statutes, is amended to read:
142	316.193  Driving under the influence; penalties.--
143	(4)  Any person who is convicted of a violation of
144	subsection (1) and who has a blood-alcohol level or breath-
145	alcohol level of 0.15 0.20 or higher, or any person who is
146	convicted of a violation of subsection (1) and who at the time
147	of the offense was accompanied in the vehicle by a person under
148	the age of 18 years, shall be punished:
149	(a)  By a fine of:
150	1.  Not less than $500 or more than $1,000 for a first
151	conviction.
152	2.  Not less than $1,000 or more than $2,000 for a second
153	conviction.
154	3.  Not less than $2,000 for a third or subsequent
155	conviction.
156	(b)  By imprisonment for:
157	1.  Not more than 9 months for a first conviction.
158	2.  Not more than 12 months for a second conviction.
159
160	For the purposes of this subsection, only the instant offense is
161	required to be a violation of subsection (1) by a person who has
162	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
163	higher.
164	(c)  In addition to the penalties in paragraphs (a) and
165	(b), the court shall order the mandatory placement, at the
166	convicted person's sole expense, of an ignition interlock device
167	approved by the department in accordance with s. 316.1938 upon
168	all vehicles that are individually or jointly leased or owned
169	and routinely operated by the convicted person for not less than
170	up to 6 continuous months for the first offense and for not less
171	than at least 2 continuous years for a second offense, when the
172	convicted person qualifies for a permanent or restricted
173	license. The installation of such device may not occur before
174	July 1, 2003.
175	Section 6.  Subsection (1) of section 316.1937, Florida
176	Statutes, is amended to read:
177	316.1937  Ignition interlock devices, requiring; unlawful
178	acts.--
179	(1)  In addition to any other authorized penalties, the
180	court may require that any person who is convicted of driving
181	under the influence in violation of s. 316.193 shall not operate
182	a motor vehicle unless that vehicle is equipped with a
183	functioning ignition interlock device certified by the
184	department as provided in s. 316.1938, and installed in such a
185	manner that the vehicle will not start if the operator's blood
186	alcohol level is in excess of 0.05 percent or as otherwise
187	specified by the court. The court may require the use of an
188	approved ignition interlock device for a period of not less than
189	6 continuous months, if the person is permitted to operate a
190	motor vehicle, whether or not the privilege to operate a motor
191	vehicle is restricted, as determined by the court. The court,
192	however, shall order placement of an ignition interlock device
193	in those circumstances required by s. 316.193.
194	Section 7.  Subsection (2) of section 316.251, Florida
195	Statutes, is amended to read:
196	316.251  Maximum bumper heights.--
197	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
198	"antique automobiles" as defined in s. 320.08, "horseless
199	carriages" as defined in s. 320.086, and "street rods" as
200	defined in s. 320.0863 shall be excluded from the requirements
201	of this section.
202	Section 8.  Paragraph (b) of subsection (1) and subsections
203	(6) and (8) of section 316.302, Florida Statutes, are amended to
204	read:
205	316.302  Commercial motor vehicles; safety regulations;
206	transporters and shippers of hazardous materials; enforcement.--
207	(1)
208	(b)  Except as otherwise provided in this section, all
209	owners or drivers of commercial motor vehicles that are engaged
210	in intrastate commerce are subject to the rules and regulations
211	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
212	exception of 49 C.F.R. s. 390.5 as it relates to the definition
213	of bus, as such rules and regulations existed on October 1, 2007
214	2005.
215	(6)  The state Department of Transportation shall perform
216	the duties that are assigned to the Field Administrator, Federal
217	Motor Carrier Safety Administration Regional Federal Highway
218	Administrator under the federal rules, and an agent of that
219	department, as described in s. 316.545(9), may enforce those
220	rules.
221	(8)  For the purpose of enforcing this section, any law
222	enforcement officer of the Department of Transportation or duly
223	appointed agent who holds a current safety inspector
224	certification from the Commercial Vehicle Safety Alliance may
225	require the driver of any commercial vehicle operated on the
226	highways of this state to stop and submit to an inspection of
227	the vehicle or the driver's records. If the vehicle or driver is
228	found to be operating in an unsafe condition, or if any required
229	part or equipment is not present or is not in proper repair or
230	adjustment, and the continued operation would present an unduly
231	hazardous operating condition, the officer may require the
232	vehicle or the driver to be removed from service pursuant to the
233	North American Standard Uniform Out-of-Service Criteria, until
234	corrected. However, if continuous operation would not present an
235	unduly hazardous operating condition, the officer may give
236	written notice requiring correction of the condition within 14
237	days.
238	(a)  Any member of the Florida Highway Patrol or any law
239	enforcement officer employed by a sheriff's office or municipal
240	police department authorized to enforce the traffic laws of this
241	state pursuant to s. 316.640 who has reason to believe that a
242	vehicle or driver is operating in an unsafe condition may, as
243	provided in subsection (10), enforce the provisions of this
244	section.
245	(b)  Any person who fails to comply with an officer's
246	request to submit to an inspection under this subsection commits
247	a violation of s. 843.02 if the person resists the officer
248	without violence or a violation of s. 843.01 if the person
249	resists the officer with violence.
250	Section 9.  Subsection (2) of section 316.613, Florida
251	Statutes, is amended to read:
252	316.613  Child restraint requirements.--
253	(2)  As used in this section, the term "motor vehicle"
254	means a motor vehicle as defined in s. 316.003 that is operated
255	on the roadways, streets, and highways of the state. The term
256	does not include:
257	(a)  A school bus as defined in s. 316.003(45).
258	(b)  A bus used for the transportation of persons for
259	compensation, other than a bus regularly used to transport
260	children to or from school, as defined in s. 316.615(1) (b), or
261	in conjunction with school activities.
262	(c)  A farm tractor or implement of husbandry.
263	(d)  A truck having a gross vehicle weight rating of more
264	than 26,000 of net weight of more than 5,000 pounds.
265	(e)  A motorcycle, moped, or bicycle.
266	Section 10.  Paragraph (a) of subsection (3) of section
267	316.614, Florida Statutes, is amended to read:
268	316.614  Safety belt usage.--
269	(3)  As used in this section:
270	(a)  "Motor vehicle" means a motor vehicle as defined in s.
271	316.003 which that is operated on the roadways, streets, and
272	highways of this state. The term does not include:
273	1.  A school bus.
274	2.  A bus used for the transportation of persons for
275	compensation.
276	3.  A farm tractor or implement of husbandry.
277	4.  A truck having a gross vehicle weight rating of more
278	than 26,000 of a net weight of more than 5,000 pounds.
279	5.  A motorcycle, moped, or bicycle.
280	Section 11.  Section 316.645, Florida Statutes, is amended
281	to read:
282	316.645  Arrest authority of officer at scene of a traffic
283	crash.--A police officer who makes an investigation at the scene
284	of a traffic crash may arrest any driver of a vehicle involved
285	in the crash when, based upon personal investigation, the
286	officer has reasonable and probable grounds to believe that the
287	person has committed any offense under the provisions of this
288	chapter, chapter 320, or chapter 322 in connection with the
289	crash.
290	Section 12.  Subsections (1), (3), (4), (5), (6), and (7)
291	of section 316.650, Florida Statutes, are amended to read:
292	316.650  Traffic citations.--
293	(1)(a)  The department shall prepare, and supply to every
294	traffic enforcement agency in this state, an appropriate form
295	traffic citation that contains containing a notice to appear, is
296	(which shall be issued in prenumbered books, meets with
297	citations in quintuplicate) and meeting the requirements of this
298	chapter or any laws of this state regulating traffic, and is
299	which form shall be consistent with the state traffic court
300	rules and the procedures established by the department. The form
301	shall include a box that which is to be checked by the law
302	enforcement officer when the officer believes that the traffic
303	violation or crash was due to aggressive careless driving as
304	defined in s. 316.1923. The form shall also include a box that
305	which is to be checked by the law enforcement officer when the
306	officer writes a uniform traffic citation for a violation of s.
307	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
308	failing to stop at a traffic signal.
309	(b)  The department shall prepare, and supply to every
310	traffic enforcement agency in the state, an appropriate
311	affidavit-of-compliance form that which shall be issued along
312	with the form traffic citation for any violation of s. 316.610
313	and that indicates which shall indicate the specific defect
314	needing which needs to be corrected. However, such affidavit of
315	compliance shall not be issued in the case of a violation of s.
316	316.610 by a commercial motor vehicle as defined in s.
317	316.003(66). Such affidavit-of-compliance form shall be
318	distributed in the same manner and to the same parties as is the
319	form traffic citation.
320	(c)  Notwithstanding paragraphs (a) and (b), a traffic
321	enforcement agency may produce uniform traffic citations by
322	electronic means. Such citations must be consistent with the
323	state traffic court rules and the procedures established by the
324	department and; must be appropriately numbered and inventoried;
325	and may have fewer copies than the quintuplicate form.
326	Affidavit-of-compliance forms may also be produced by electronic
327	means.
328	(d)  The department must distribute to every traffic
329	enforcement agency and to any others who request it, a traffic
330	infraction reference guide describing the class of the traffic
331	infraction, the penalty for the infraction, the points to be
332	assessed on a driver's record license, and any other information
333	necessary to describe a violation and the penalties therefor.
334	(3)(a)  Except for a traffic citation issued pursuant to s.
335	316.1001, each traffic enforcement officer, upon issuing a
336	traffic citation to an alleged violator of any provision of the
337	motor vehicle laws of this state or of any traffic ordinance of
338	any municipality city or town, shall deposit the original and
339	one copy of such traffic citation or, in the case of a traffic
340	enforcement agency that which has an automated citation issuance
341	system, the chief administrative officer shall provide by an
342	electronic transmission a replica of the citation data to
343	facsimile with a court having jurisdiction over the alleged
344	offense or with its traffic violations bureau within 5 days
345	after issuance to the violator.
346	(b)  If a traffic citation is issued pursuant to s.
347	316.1001, a traffic enforcement officer may deposit the original
348	and one copy of such traffic citation or, in the case of a
349	traffic enforcement agency that has an automated citation
350	system, may provide by an electronic transmission a replica of
351	the citation data to facsimile with a court having jurisdiction
352	over the alleged offense or with its traffic violations bureau
353	within 45 days after the date of issuance of the citation to the
354	violator. If the person cited for the violation of s. 316.1001
355	makes the election provided by s. 318.14(12) and pays the $25
356	fine, or such other amount as imposed by the governmental entity
357	owning the applicable toll facility, plus the amount of the
358	unpaid toll that is shown on the traffic citation directly to
359	the governmental entity that issued the citation, or on whose
360	behalf the citation was issued, in accordance with s.
361	318.14(12), the traffic citation will not be submitted to the
362	court, the disposition will be reported to the department by the
363	governmental entity that issued the citation, or on whose behalf
364	the citation was issued, and no points will be assessed against
365	the person's driver's license.
366	(4)  The chief administrative officer of every traffic
367	enforcement agency shall require the return to him or her of the
368	officer-agency department record copy of every traffic citation
369	issued by an officer under the chief administrative officer's
370	supervision to an alleged violator of any traffic law or
371	ordinance and of all copies of every traffic citation that which
372	has been spoiled or upon which any entry has been made and not
373	issued to an alleged violator. In the case of a traffic
374	enforcement agency that which has an automated citation issuance
375	system, the chief administrative officer shall require the
376	return of all electronic traffic citation records.
377	(5)  Upon the deposit of the original and one copy of such
378	traffic citation or upon deposit of an electronic transmission
379	of a replica of citation data facsimile of the traffic citation
380	with respect to traffic enforcement agencies that which have an
381	automated citation issuance system with a court having
382	jurisdiction over the alleged offense or with its traffic
383	violations bureau as aforesaid, the original citation, the
384	electronic citation containing a replica of citation data
385	facsimile, or a copy of such traffic citation may be disposed of
386	only by trial in the court or other official action by a judge
387	of the court, including forfeiture of the bail, or by the
388	deposit of sufficient bail with, or payment of a fine to, the
389	traffic violations bureau by the person to whom such traffic
390	citation has been issued by the traffic enforcement officer.
391	(6)  The chief administrative officer shall transmit, on a
392	form approved by the department, the department record copy of
393	the uniform traffic citation to the department within 5 days
394	after submission of the original, groups of issued citations and
395	one copy to the court, or citation and transmittal data to the
396	court. Batches of electronic citations containing a replica of
397	citation data may be transmitted to the court department in an
398	electronic automated fashion, in a format form prescribed by the
399	department within 5 days after issuance to the violator. A copy
400	of such transmittal shall also be provided to the court having
401	jurisdiction for accountability purposes.
402	(7)  The chief administrative officer shall also maintain
403	or cause to be maintained in connection with every traffic
404	citation issued by an officer under his or her supervision a
405	record of the disposition of the charge by the court or its
406	traffic violations bureau in which the original or copy of the
407	traffic citation or electronic citation was deposited.
408	Section 13.  Paragraph (a) of subsection (2) of section
409	316.656, Florida Statutes, is amended to read:
410	316.656  Mandatory adjudication; prohibition against
411	accepting plea to lesser included offense.--
412	(2)(a)  No trial judge may accept a plea of guilty to a
413	lesser offense from a person charged under the provisions of
414	this act who has been given a breath or blood test to determine
415	blood or breath alcohol content, the results of which show a
416	blood or breath alcohol content by weight of 0.15 0.20 percent
417	or more.
418	Section 14.  Subsection (9) of section 318.14, Florida
419	Statutes, is amended to read:
420	318.14  Noncriminal traffic infractions; exception;
421	procedures.--
422	(9)  Any person who does not hold a commercial driver's
423	license and who is cited for an infraction under this section
424	other than a violation of s. 316.183(2), s. 316.187, or s.
425	316.189 when the driver exceeds the posted limit by 30 miles per
426	hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
427	s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
428	appearance, elect to attend in the location of his or her choice
429	within this state a basic driver improvement course approved by
430	the Department of Highway Safety and Motor Vehicles. In such a
431	case, adjudication must be withheld; points, as provided by s.
432	322.27, may not be assessed; and the civil penalty that is
433	imposed by s. 318.18(3) must be reduced by 18 percent; however,
434	a person may not make an election under this subsection if the
435	person has made an election under this subsection in the
436	preceding 12 months. A person may make no more than five
437	elections within 10 years under this subsection. The requirement
438	for community service under s. 318.18(8) is not waived by a plea
439	of nolo contendere or by the withholding of adjudication of
440	guilt by a court.
441	Section 15.  Subsections (1) through (11) of section
442	319.001, Florida Statutes, are renumbered as subsections (2)
443	through (12), respectively, and a new subsection (1) is added to
444	that section to read:
445	319.001  Definitions.--As used in this chapter, the term:
446	(1)  "Certificate of title" means the record that is
447	evidence of ownership of a vehicle, whether a paper certificate
448	authorized by the department or a certificate consisting of
449	information that is stored in an electronic form in the
450	department's database.
451	Section 16.  Subsection (27) of section 320.01, Florida
452	Statutes, is amended to read:
453	320.01  Definitions, general.--As used in the Florida
454	Statutes, except as otherwise provided, the term:
455	(27)  "Motorcycle" means any motor vehicle having a seat or
456	saddle for the use of the rider and designed to travel on not
457	more than three wheels in contact with the ground, but excluding
458	a tractor, or a moped, or a vehicle in which the operator is
459	enclosed by a cabin.
460	Section 17.  Effective July 1, 2008, subsection (1) of
461	section 320.02, Florida Statutes, as amended by section 28 of
462	chapter 2006-290, Laws of Florida, is amended to read:
463	320.02  Registration required; application for
464	registration; forms.--
465	(1)  Except as otherwise provided in this chapter, every
466	owner or person in charge of a motor vehicle that is operated or
467	driven on the roads of this state shall register the vehicle in
468	this state. The owner or person in charge shall apply to the
469	department or to its authorized agent for registration of each
470	such vehicle on a form prescribed by the department. Prior to
471	the original registration of a motorcycle, motor-driven cycle,
472	or moped, the owner, if a natural person, must present proof
473	that he or she has a valid motorcycle endorsement as required in
474	chapter 322. A registration is not required for any motor
475	vehicle that is not operated on the roads of this state during
476	the registration period.
477	Section 18.  Subsection (13) of section 320.02, Florida
478	Statutes, is repealed.
479	Section 19.  Section 320.0706, Florida Statutes, is amended
480	to read:
481	320.0706  Display of license plates on trucks.--The owner
482	of any commercial truck of gross vehicle weight of 26,001 pounds
483	or more shall display the registration license plate on both the
484	front and rear of the truck in conformance with all the
485	requirements of s. 316.605 that do not conflict with this
486	section. The owner of a dump truck may place the rear license
487	plate on the gate no higher than 60 inches to allow for better
488	visibility. However, the owner of a truck tractor shall be
489	required to display the registration license plate only on the
490	front of such vehicle. A violation of this section is a
491	noncriminal traffic infraction, punishable as a moving violation
492	as provided in chapter 318.
493	Section 20.  Subsection (4) of section 320.0715, Florida
494	Statutes, is amended to read:
495	320.0715  International Registration Plan; motor carrier
496	services; permits; retention of records.--
497	(4)  Each motor carrier registered under the International
498	Registration Plan shall maintain and keep, for a period of 4
499	years, pertinent records and papers as may be required by the
500	department for the reasonable administration of this chapter.
501	(a)  The department shall withhold registrations and
502	license plates for commercial motor vehicles unless the
503	identifying number issued by the federal agency responsible for
504	motor carrier safety is provided for the motor carrier and the
505	entity responsible for motor carrier safety for each motor
506	vehicle as part of the application process.
507	(b)  The department may not issue a commercial motor
508	vehicle registration or license plate to, and may not transfer
509	the commercial motor vehicle registration or license plate for,
510	a motor carrier or vehicle owner who has been prohibited from
511	operating by a federal or state agency responsible for motor
512	carrier safety.
513	(c)  The department, with notice, shall suspend any
514	commercial motor vehicle registration and license plate issued
515	to a motor carrier or vehicle owner who has been prohibited from
516	operating by a federal or state agency responsible for motor
517	carrier safety.
518	Section 21.  Subsection (3) of section 320.08053, Florida
519	Statutes, is amended to read:
520	320.08053  Requirements for requests to establish specialty
521	license plates.--
522	(3)  The department shall adopt rules providing viewpoint-
523	neutral specifications for the design of specialty license
524	plates that promote or enhance the readability of all specialty
525	license plates and that discourage counterfeiting. The rules
526	shall provide uniform specifications requiring inclusion of the
527	word "Florida" in the same location on each specialty license
528	plate, in such a size and location that is clearly identifiable
529	on the specialty license plate when mounted on a vehicle, and
530	shall provide specifications for the size and location of any
531	words or logos appearing on a specialty license plate.
532	Section 22.  Paragraph (a) of subsection (4) of section
533	320.0894, Florida Statutes, is amended to read:
534	320.0894  Motor vehicle license plates to Gold Star family
535	members.--The department shall develop a special license plate
536	honoring the family members of servicemembers who have been
537	killed while serving in the Armed Forces of the United States.
538	The license plate shall be officially designated as the Gold
539	Star license plate and shall be developed and issued as provided
540	in this section.
541	(4)(a)1.a.  The Gold Star license plate shall be issued
542	only to family members of a servicemember who resided in Florida
543	at the time of the death of the servicemember.
544	b.  Any family member, as defined in subparagraph 2., of a
545	servicemember killed while serving may be issued a Gold Star
546	license plate upon payment of the license tax and appropriate
547	fees as provided in paragraph (3)(a) without regard to the state
548	of residence of the servicemember.
549	2.  To qualify for issuance of a Gold Star license plate,
550	the applicant must be directly related to a fallen servicemember
551	as spouse, legal mother or father, or stepparent who is
552	currently married to the mother or father of the fallen
553	servicemember.
554	3.  A servicemember is deemed to have been killed while in
555	service as listed by the United States Department of Defense and
556	may be verified from documentation directly from the Department
557	of Defense or from its subordinate agencies, such as the Coast
558	Guard, Reserve, or National Guard.
559	Section 23.  Effective upon this act becoming a law,
560	subsections (4) and (8) of section 320.131, Florida Statutes,
561	are amended, and subsection (9) is added to that section, to
562	read:
563	320.131  Temporary tags.--
564	(4)(a)  Temporary tags shall be conspicuously displayed in
565	the rear license plate bracket or, attached to the inside of the
566	rear window in an upright position so as to be clearly visible
567	from the rear of the vehicle. on vehicles requiring front
568	display of license plates, temporary tags shall be displayed on
569	the front of the vehicle in the location where the metal license
570	plate would normally be displayed.
571	(b)  The department shall designate specifications for the
572	media upon which the temporary tag is printed. Such media shall
573	be either nonpermeable or subject to weatherproofing so that it
574	maintains its structural integrity, including graphic and data
575	adhesion, in all weather conditions after being placed on a
576	vehicle.
577	(8)  The department shall may administer an electronic
578	system for licensed motor vehicle dealers to use for in issuing
579	temporary tags license plates. Upon issuing a temporary license
580	plate, the dealer shall access the electronic system and enter
581	the appropriate vehicle and owner information within the
582	timeframe specified by department rule. If a dealer fails to
583	comply with the department's requirements for issuing temporary
584	tags license plates using the electronic system, the department
585	may deny, suspend, or revoke a license under s. 320.27(9)(b)16.
586	upon proof that the licensee has failed to comply with the
587	department's requirements. The department may adopt rules to
588	administer this section.
589	(9)(a)  The department shall implement a secure print-on-
590	demand electronic temporary tag registration, record retention,
591	and issue system required for use by every department-authorized
592	issuer of temporary tags by the end of the 2007-2008 fiscal
593	year. Such system shall enable the department to issue, on
594	demand, a temporary tag number in response to a request from the
595	issuer by way of a secure electronic exchange of data and enable
596	the issuer to print the temporary tag that has all required
597	information. A motor vehicle dealer licensed under this chapter
598	may charge a fee to comply with this subsection.
599	(b)  To ensure the continuation of operations for issuers
600	if a system outage occurs, the department shall allow the
601	limited use of a backup manual issuance method during an outage
602	which requires recordkeeping of information as determined by the
603	department and requires the timely electronic reporting of this
604	information to the department.
605	(c)  The department may adopt rules necessary to administer
606	this subsection. Such rules may include exemptions from the
607	requirements of this subsection as required to administer the
608	program, as well as exemptions for issuers who do not require a
609	dealer license under this chapter because of the type or size of
610	vehicle being sold.
611	Section 24.  Subsection (3) and paragraph (b) of subsection
612	(9) of section 320.27, Florida Statutes, is amended to read:
613	320.27  Motor vehicle dealers.--
614	(3)  APPLICATION AND FEE.--The application for the license
615	shall be in such form as may be prescribed by the department and
616	shall be subject to such rules with respect thereto as may be so
617	prescribed by it. Such application shall be verified by oath or
618	affirmation and shall contain a full statement of the name and
619	birth date of the person or persons applying therefor; the name
620	of the firm or copartnership, with the names and places of
621	residence of all members thereof, if such applicant is a firm or
622	copartnership; the names and places of residence of the
623	principal officers, if the applicant is a body corporate or
624	other artificial body; the name of the state under whose laws
625	the corporation is organized; the present and former place or
626	places of residence of the applicant; and prior business in
627	which the applicant has been engaged and the location thereof.
628	Such application shall describe the exact location of the place
629	of business and shall state whether the place of business is
630	owned by the applicant and when acquired, or, if leased, a true
631	copy of the lease shall be attached to the application. The
632	applicant shall certify that the location provides an adequately
633	equipped office and is not a residence; that the location
634	affords sufficient unoccupied space upon and within which
635	adequately to store all motor vehicles offered and displayed for
636	sale; and that the location is a suitable place where the
637	applicant can in good faith carry on such business and keep and
638	maintain books, records, and files necessary to conduct such
639	business, which will be available at all reasonable hours to
640	inspection by the department or any of its inspectors or other
641	employees. The applicant shall certify that the business of a
642	motor vehicle dealer is the principal business which shall be
643	conducted at that location. Such application shall contain a
644	statement that the applicant is either franchised by a
645	manufacturer of motor vehicles, in which case the name of each
646	motor vehicle that the applicant is franchised to sell shall be
647	included, or an independent (nonfranchised) motor vehicle
648	dealer. Such application shall contain such other relevant
649	information as may be required by the department, including
650	evidence that the applicant is insured under a garage liability
651	insurance policy or a general liability insurance policy coupled
652	with a business automobile policy, which shall include, at a
653	minimum, $25,000 combined single-limit liability coverage
654	including bodily injury and property damage protection and
655	$10,000 personal injury protection. Franchise dealers must
656	submit a garage liability insurance policy, and all other
657	dealers must submit a garage liability insurance policy or a
658	general liability insurance policy coupled with a business
659	automobile policy. Such policy shall be for the license period,
660	and evidence of a new or continued policy shall be delivered to
661	the department at the beginning of each license period. Upon
662	making such initial application, the applicant person applying
663	therefor shall pay to the department a fee of $300 in addition
664	to any other fees now required by law; upon making a subsequent
665	renewal application, the applicant person applying therefor
666	shall pay to the department a fee of $75 in addition to any
667	other fees now required by law. Upon making an application for a
668	change of location, the person shall pay a fee of $50 in
669	addition to any other fees now required by law. The department
670	shall, in the case of every application for initial licensure,
671	verify whether certain facts set forth in the application are
672	true. Each applicant, general partner in the case of a
673	partnership, or corporate officer and director in the case of a
674	corporate applicant, must file a set of fingerprints with the
675	department for the purpose of determining any prior criminal
676	record or any outstanding warrants. The department shall submit
677	the fingerprints to the Department of Law Enforcement for state
678	processing and forwarding to the Federal Bureau of Investigation
679	for federal processing. The actual cost of such state and
680	federal processing shall be borne by the applicant and is to be
681	in addition to the fee for licensure. The department may issue a
682	license to an applicant pending the results of the fingerprint
683	investigation, which license is fully revocable if the
684	department subsequently determines that any facts set forth in
685	the application are not true or correctly represented.
686	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
687	(b)  The department may deny, suspend, or revoke any
688	license issued hereunder or under the provisions of s. 320.77 or
689	s. 320.771 upon proof that a licensee has committed, with
690	sufficient frequency so as to establish a pattern of wrongdoing
691	on the part of a licensee, violations of one or more of the
692	following activities:
693	1.  Representation that a demonstrator is a new motor
694	vehicle, or the attempt to sell or the sale of a demonstrator as
695	a new motor vehicle without written notice to the purchaser that
696	the vehicle is a demonstrator. For the purposes of this section,
697	a "demonstrator," a "new motor vehicle," and a "used motor
698	vehicle" shall be defined as under s. 320.60.
699	2.  Unjustifiable refusal to comply with a licensee's
700	responsibility under the terms of the new motor vehicle warranty
701	issued by its respective manufacturer, distributor, or importer.
702	However, if such refusal is at the direction of the
703	manufacturer, distributor, or importer, such refusal shall not
704	be a ground under this section.
705	3.  Misrepresentation or false, deceptive, or misleading
706	statements with regard to the sale or financing of motor
707	vehicles which any motor vehicle dealer has, or causes to have,
708	advertised, printed, displayed, published, distributed,
709	broadcast, televised, or made in any manner with regard to the
710	sale or financing of motor vehicles.
711	4.  Failure by any motor vehicle dealer to provide a
712	customer or purchaser with an odometer disclosure statement and
713	a copy of any bona fide written, executed sales contract or
714	agreement of purchase connected with the purchase of the motor
715	vehicle purchased by the customer or purchaser.
716	5.  Failure of any motor vehicle dealer to comply with the
717	terms of any bona fide written, executed agreement, pursuant to
718	the sale of a motor vehicle.
719	6.  Failure to apply for transfer of a title as prescribed
720	in s. 319.23(6).
721	7.  Use of the dealer license identification number by any
722	person other than the licensed dealer or his or her designee.
723	8.  Failure to continually meet the requirements of the
724	licensure law.
725	9.  Representation to a customer or any advertisement to
726	the public representing or suggesting that a motor vehicle is a
727	new motor vehicle if such vehicle lawfully cannot be titled in
728	the name of the customer or other member of the public by the
729	seller using a manufacturer's statement of origin as permitted
730	in s. 319.23(1).
731	10.  Requirement by any motor vehicle dealer that a
732	customer or purchaser accept equipment on his or her motor
733	vehicle which was not ordered by the customer or purchaser.
734	11.  Requirement by any motor vehicle dealer that any
735	customer or purchaser finance a motor vehicle with a specific
736	financial institution or company.
737	12.  Requirement by any motor vehicle dealer that the
738	purchaser of a motor vehicle contract with the dealer for
739	physical damage insurance.
740	13.  Perpetration of a fraud upon any person as a result of
741	dealing in motor vehicles, including, without limitation, the
742	misrepresentation to any person by the licensee of the
743	licensee's relationship to any manufacturer, importer, or
744	distributor.
745	14.  Violation of any of the provisions of s. 319.35 by any
746	motor vehicle dealer.
747	15.  Sale by a motor vehicle dealer of a vehicle offered in
748	trade by a customer prior to consummation of the sale, exchange,
749	or transfer of a newly acquired vehicle to the customer, unless
750	the customer provides written authorization for the sale of the
751	trade-in vehicle prior to delivery of the newly acquired
752	vehicle.
753	16.  Willful failure to comply with any administrative rule
754	adopted by the department or the provisions of s. 320.131(8).
755	17.  Violation of chapter 319, this chapter, or ss.
756	559.901-559.9221, which has to do with dealing in or repairing
757	motor vehicles or mobile homes. Additionally, in the case of
758	used motor vehicles, the willful violation of the federal law
759	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
760	the consumer sales window form.
761	18.  Failure to maintain evidence of notification to the
762	owner or coowner of a vehicle regarding registration or titling
763	fees owed as required in s. 320.02(16)(17).
764	19.  Failure to register a mobile home salesperson with the
765	department as required by this section.
766	Section 25.  Section 320.96, Florida Statutes, is repealed.
767	Section 26.  Subsections (10) through (44) of section
768	322.01, Florida Statutes, are renumbered as subsections (11)
769	through (45), respectively, present subsections (10), (23), and
770	(29) are amended, and a new subsection (10) is added to that
771	section, to read:
772	322.01  Definitions.--As used in this chapter:
773	(10)  "Convenience service" means any means whereby an
774	individual conducts a transaction with the department other than
775	in person.
776	(11)(10)(a)  "Conviction" means a conviction of an offense
777	relating to the operation of motor vehicles on highways which is
778	a violation of this chapter or any other such law of this state
779	or any other state, including an admission or determination of a
780	noncriminal traffic infraction pursuant to s. 318.14, or a
781	judicial disposition of an offense committed under any federal
782	law substantially conforming to the aforesaid state statutory
783	provisions.
784	(b)  Notwithstanding any other provisions of this chapter,
785	the definition of "conviction" provided in 49 C.F.R. part 383.5
786	applies to offenses committed in a commercial motor vehicle or
787	by a person holding a commercial driver's license.
788	(24)(23)  "Hazardous materials" means any material that has
789	been designated as hazardous under 49 U.S.C. s. 5103 and is
790	required to be placarded under subpart F of 49 C.F.R. part 172
791	or any quantity of a material listed as a select agent or toxin
792	in 42 C.F.R. part 73 has the meaning such term has under s. 103
793	of the Hazardous Materials Transportation Act.
794	(30)(29)  "Out-of-service order" means a prohibition issued
795	by an authorized local, state, or Federal Government official
796	which precludes a person from driving a commercial motor vehicle
797	for a period of 72 hours or less.
798	Section 27.  Subsections (1) and (2) of section 322.051,
799	Florida Statutes, are amended to read:
800	322.051  Identification cards.--
801	(1)  Any person who is 5 years of age or older, or any
802	person who has a disability, regardless of age, who applies for
803	a disabled parking permit under s. 320.0848, may be issued an
804	identification card by the department upon completion of an
805	application and payment of an application fee.
806	(a)  Each such application shall include the following
807	information regarding the applicant:
808	1.  Full name (first, middle or maiden, and last), gender,
809	proof of social security card number satisfactory to the
810	department, county of residence, and mailing address, proof of
811	residential address satisfactory to the department, country of
812	birth, and a brief description.
813	2.  Proof of birth date satisfactory to the department.
814	3.  Proof of identity satisfactory to the department. Such
815	proof must include one of the following documents issued to the
816	applicant:
817	a.  A driver's license record or identification card record
818	from another jurisdiction that required the applicant to submit
819	a document for identification which is substantially similar to
820	a document required under sub-subparagraph b., sub-subparagraph
821	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
822	f., or sub-subparagraph g., or sub-subparagraph h.;
823	b.  A certified copy of a United States birth certificate;
824	c.  A valid, unexpired United States passport;
825	d.  A naturalization certificate issued by the United
826	States Department of Homeland Security;
827	e.  A valid, unexpired An alien registration receipt card
828	(green card);
829	f.  A Consular Report of Birth Abroad provided by the
830	United States Department of State;
831	g.f.  An unexpired employment authorization card issued by
832	the United States Department of Homeland Security; or
833	h.g.  Proof of nonimmigrant classification provided by the
834	United States Department of Homeland Security, for an original
835	identification card. In order to prove such nonimmigrant
836	classification, applicants may produce but are not limited to
837	the following documents:
838	(I)  A notice of hearing from an immigration court
839	scheduling a hearing on any proceeding.
840	(II)  A notice from the Board of Immigration Appeals
841	acknowledging pendency of an appeal.
842	(III)  Notice of the approval of an application for
843	adjustment of status issued by the United States Bureau of
844	Citizenship and Immigration Services.
845	(IV)  Any official documentation confirming the filing of a
846	petition for asylum or refugee status or any other relief issued
847	by the United States Bureau of Citizenship and Immigration
848	Services.
849	(V)  Notice of action transferring any pending matter from
850	another jurisdiction to Florida, issued by the United States
851	Bureau of Citizenship and Immigration Services.
852	(VI)  Order of an immigration judge or immigration officer
853	granting any relief that authorizes the alien to live and work
854	in the United States including, but not limited to asylum.
855	(VII)  Evidence that an application is pending for
856	adjustment of status to that of an alien lawfully admitted for
857	permanent residence in the United States or conditional
858	permanent resident status in the United States, if a visa number
859	is available having a current priority date for processing by
860	the United States Bureau of Citizenship and Immigration
861	Services.
862	(VIII)  On or after January 1, 2010, an unexpired foreign
863	passport with an unexpired United States Visa affixed,
864	accompanied by an approved I-94, documenting the most recent
865	admittance into the United States.
866
867	Presentation of any of the documents described in sub-
868	subparagraph g. f. or sub-subparagraph h. g. entitles the
869	applicant to an identification card for a period not to exceed
870	the expiration date of the document presented or 1 year,
871	whichever first occurs.
872	(b)  An application for an identification card must be
873	signed and verified by the applicant in a format designated by
874	the department before a person authorized to administer oaths
875	and payment of the applicable fee pursuant to s. 322.21. The fee
876	for an identification card is $3, including payment for the
877	color photograph or digital image of the applicant.
878	(c)  Each such applicant may include fingerprints and any
879	other unique biometric means of identity.
880	(2)(a)  Every identification card:
881	1.  Issued to a person 5 years of age to 14 years of age
882	shall expire, unless canceled earlier, on the fourth birthday of
883	the applicant following the date of original issue.
884	2.  Issued to a person 15 years of age and older shall
885	expire, unless canceled earlier, on the eighth birthday of the
886	applicant following the date of original issue.
887
888	Renewal of an identification card shall be made for the
889	applicable term enumerated in this paragraph. However, if an
890	individual is 60 years of age or older, and has an
891	identification card issued under this section, the card shall
892	not expire unless done so by cancellation by the department or
893	by the death of the cardholder. Renewal of any identification
894	card shall be made for a term which shall expire on the fourth
895	birthday of the applicant following expiration of the
896	identification card renewed, unless surrendered earlier. Any
897	application for renewal received later than 90 days after
898	expiration of the identification card shall be considered the
899	same as an application for an original identification card. The
900	renewal fee for an identification card shall be $10, of which $4
901	shall be deposited into the General Revenue Fund and $6 into the
902	Highway Safety Operating Trust Fund. The department shall, at
903	the end of 4 years and 6 months after the issuance or renewal of
904	an identification card, destroy any record of the card if it has
905	expired and has not been renewed, unless the cardholder is 60
906	years of age or older.
907	(b)  Notwithstanding any other provision of this chapter,
908	if an applicant establishes his or her identity for an
909	identification card using a document authorized under sub-
910	subparagraph (1)(a)3.e., the identification card shall expire on
911	the eighth fourth birthday of the applicant following the date
912	of original issue or upon first renewal or duplicate issued
913	after implementation of this section. After an initial showing
914	of such documentation, he or she is exempted from having to
915	renew or obtain a duplicate in person.
916	(c)  Notwithstanding any other provisions of this chapter,
917	if an applicant establishes his or her identity for an
918	identification card using an identification document authorized
919	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
920	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
921	year 2 years after the date of issuance or upon the expiration
922	date cited on the United States Department of Homeland Security
923	documents, whichever date first occurs, and may not be renewed
924	or obtain a duplicate except in person.
925	Section 28.  Subsections (1), (2), and (6) of section
926	322.08, Florida Statutes, are amended to read:
927	322.08  Application for license.--
928	(1)  Each application for a driver's license shall be made
929	in a format designated by the department and sworn to or
930	affirmed by the applicant as to the truth of the statements made
931	in the application.
932	(2)  Each such application shall include the following
933	information regarding the applicant:
934	(a)  Full name (first, middle or maiden, and last), gender,
935	proof of social security card number satisfactory to the
936	department, county of residence, and mailing address, proof of
937	residential address satisfactory to the department, country of
938	birth, and a brief description.
939	(b)  Proof of birth date satisfactory to the department.
940	(c)  Proof of identity satisfactory to the department. Such
941	proof must include one of the following documents issued to the
942	applicant:
943	1.  A driver's license record or identification card record
944	from another jurisdiction that required the applicant to submit
945	a document for identification which is substantially similar to
946	a document required under subparagraph 2., subparagraph 3.,
947	subparagraph 4., subparagraph 5., subparagraph 6., or
948	subparagraph 7., or subparagraph 8.;
949	2.  A certified copy of a United States birth certificate;
950	3.  A valid, unexpired United States passport;
951	4.  A naturalization certificate issued by the United
952	States Department of Homeland Security;
953	5.  A valid, unexpired An alien registration receipt card
954	(green card);
955	6.  A Consular Report of Birth Abroad provided by the
956	United States Department of State;
957	7.6.  An unexpired employment authorization card issued by
958	the United States Department of Homeland Security; or
959	8.7.  Proof of nonimmigrant classification provided by the
960	United States Department of Homeland Security, for an original
961	driver's license. In order to prove nonimmigrant classification,
962	an applicant may produce the following documents, including, but
963	not limited to:
964	a.  A notice of hearing from an immigration court
965	scheduling a hearing on any proceeding.
966	b.  A notice from the Board of Immigration Appeals
967	acknowledging pendency of an appeal.
968	c.  A notice of the approval of an application for
969	adjustment of status issued by the United States Bureau of
970	Citizenship and Immigration Services.
971	d.  Any official documentation confirming the filing of a
972	petition for asylum or refugee status or any other relief issued
973	by the United States Bureau of Citizenship and Immigration
974	Services.
975	e.  A notice of action transferring any pending matter from
976	another jurisdiction to this state issued by the United States
977	Bureau of Citizenship and Immigration Services.
978	f.  An order of an immigration judge or immigration officer
979	granting any relief that authorizes the alien to live and work
980	in the United States, including, but not limited to, asylum.
981	g.  Evidence that an application is pending for adjustment
982	of status to that of an alien lawfully admitted for permanent
983	residence in the United States or conditional permanent resident
984	status in the United States, if a visa number is available
985	having a current priority date for processing by the United
986	States Bureau of Citizenship and Immigration Services.
987	h.  On or after January 1, 2010, an unexpired foreign
988	passport with an unexpired United States Visa affixed,
989	accompanied by an approved I-94, documenting the most recent
990	admittance into the United States.
991
992	Presentation of any of the documents in subparagraph 7. 6. or
993	subparagraph 8. 7. entitles the applicant to a driver's license
994	or temporary permit for a period not to exceed the expiration
995	date of the document presented or 1 year, whichever occurs
996	first.
997	(d)  Whether the applicant has previously been licensed to
998	drive, and, if so, when and by what state, and whether any such
999	license or driving privilege has ever been disqualified,
1000	revoked, or suspended, or whether an application has ever been
1001	refused, and, if so, the date of and reason for such
1002	disqualification, suspension, revocation, or refusal.
1003	(e)  Each such application may include fingerprints and
1004	other unique biometric means of identity.
1005	(6)  The application form for a driver's license or
1006	duplicate thereof shall include language permitting the
1007	following:
1008	(a)  A voluntary contribution of $5 per applicant, which
1009	contribution shall be transferred into the Election Campaign
1010	Financing Trust Fund.
1011	(a)(b)  A voluntary contribution of $1 per applicant, which
1012	contribution shall be deposited into the Florida Organ and
1013	Tissue Donor Education and Procurement Trust Fund for organ and
1014	tissue donor education and for maintaining the organ and tissue
1015	donor registry.
1016	(b)(c)  A voluntary contribution of $1 per applicant, which
1017	contribution shall be distributed to the Florida Council of the
1018	Blind.
1019	(c)(d)  A voluntary contribution of $2 per applicant, which
1020	shall be distributed to the Hearing Research Institute,
1021	Incorporated.
1022	(d)(e)  A voluntary contribution of $1 per applicant, which
1023	shall be distributed to the Juvenile Diabetes Foundation
1024	International.
1025	(e)(f)  A voluntary contribution of $1 per applicant, which
1026	shall be distributed to the Children's Hearing Help Fund.
1027
1028	A statement providing an explanation of the purpose of the trust
1029	funds shall also be included. For the purpose of applying the
1030	service charge provided in s. 215.20, contributions received
1031	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1032	and under s. 322.18(9)(a) are not income of a revenue nature.
1033	Section 29.  Paragraph (a) of subsection (1) of section
1034	322.14, Florida Statutes, is amended to read:
1035	322.14  Licenses issued to drivers.--
1036	(1)(a)  The department shall, upon successful completion of
1037	all required examinations and payment of the required fee, issue
1038	to every applicant qualifying therefor, a driver's license as
1039	applied for, which license shall bear thereon a color photograph
1040	or digital image of the licensee; the name of the state; a
1041	distinguishing number assigned to the licensee; and the
1042	licensee's full name, date of birth, and residence mailing
1043	address; a brief description of the licensee, including, but not
1044	limited to, the licensee's gender and height; and the dates of
1045	issuance and expiration of the license. A space shall be
1046	provided upon which the licensee shall affix his or her usual
1047	signature. No license shall be valid until it has been so signed
1048	by the licensee except that the signature of said licensee shall
1049	not be required if it appears thereon in facsimile or if the
1050	licensee is not present within the state at the time of
1051	issuance. Applicants qualifying to receive a Class A, Class B,
1052	or Class C driver's license must appear in person within the
1053	state for issuance of a color photographic or digital imaged
1054	driver's license pursuant to s. 322.142.
1055	Section 30.  Section 322.15, Florida Statutes, is amended
1056	to read:
1057	322.15  License to be carried and exhibited on demand;
1058	fingerprint to be imprinted upon a citation.--
1059	(1)  Every licensee shall have his or her driver's license,
1060	which must be fully legible with no portion of such license
1061	faded, altered, mutilated, or defaced, in his or her immediate
1062	possession at all times when operating a motor vehicle and shall
1063	display the same upon the demand of a law enforcement officer or
1064	an authorized representative of the department.
1065	(2)  Upon the failure of any person to display a driver's
1066	license as required by subsection (1), the law enforcement
1067	officer or authorized representative of the department stopping
1068	the person shall require the person to imprint his or her
1069	fingerprints fingerprint upon any citation issued by the officer
1070	or authorized representative, or the officer or authorized
1071	representative shall collect the fingerprints electronically.
1072	(3)  In relation to violations of subsection (1) or s.
1073	322.03(5), persons who cannot supply proof of a valid driver's
1074	license for the reason that the license was suspended for
1075	failure to comply with that citation shall be issued a
1076	suspension clearance by the clerk of the court for that citation
1077	upon payment of the applicable penalty and fee for that
1078	citation. If proof of a valid driver's license is not provided
1079	to the clerk of the court within 30 days, the person's driver's
1080	license shall again be suspended for failure to comply.
1081	(4)  A violation of subsection (1) is a noncriminal traffic
1082	infraction, punishable as a nonmoving violation as provided in
1083	chapter 318.
1084	Section 31.  Section 322.17, Florida Statutes, is amended
1085	to read:
1086	322.17  Replacement licenses and permits Duplicate and
1087	replacement certificates.--
1088	(1)(a)  In the event that an instruction permit or driver's
1089	license issued under the provisions of this chapter is lost or
1090	destroyed, the person to whom the same was issued may, upon
1091	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1092	a replacement duplicate, or substitute thereof, upon furnishing
1093	proof satisfactory to the department that such permit or license
1094	has been lost or destroyed, and further furnishing the full
1095	name, date of birth, sex, residence and mailing address, proof
1096	of birth satisfactory to the department, and proof of identity
1097	satisfactory to the department. Five dollars of the fee levied
1098	in this paragraph shall go to the Highway Safety Operating Trust
1099	Fund of the department.
1100	(b)  In the event that an instruction permit or driver's
1101	license issued under the provisions of this chapter is stolen,
1102	the person to whom the same was issued may, at no charge, obtain
1103	a replacement duplicate, or substitute thereof, upon furnishing
1104	proof satisfactory to the department that such permit or license
1105	was stolen and further furnishing the full name, date of birth,
1106	sex, residence and mailing address, proof of birth satisfactory
1107	to the department, and proof of identity satisfactory to the
1108	department.
1109	(2)  Upon the surrender of the original license and the
1110	payment of the appropriate fees pursuant to s. 322.21 a $10
1111	replacement fee, the department shall issue a replacement
1112	license to make a change in name, address, or restrictions. Upon
1113	written request by the licensee and notification of a change in
1114	address, and the payment of a $10 fee, the department shall
1115	issue an address sticker which shall be affixed to the back of
1116	the license by the licensee. Nine dollars of the fee levied in
1117	this subsection shall go to the Highway Safety Operating Trust
1118	Fund of the department.
1119	(3)  Notwithstanding any other provisions of this chapter,
1120	if a licensee establishes his or her identity for a driver's
1121	license using an identification document authorized under s.
1122	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
1123	duplicate or replacement instruction permit or driver's license
1124	except in person and upon submission of an identification
1125	document authorized under s. 322.08(2)(c)7.6. or 8.7.
1126	Section 32.  Subsections (2), (4), (5), (8), and (9) of
1127	section 322.18, Florida Statutes, are amended to read:
1128	322.18  Original applications, licenses, and renewals;
1129	expiration of licenses; delinquent licenses.--
1130	(2)  Each applicant who is entitled to the issuance of a
1131	driver's license, as provided in this section, shall be issued a
1132	driver's license, as follows:
1133	(a)  An applicant who has not attained 80 years of age
1134	applying for an original issuance shall be issued a driver's
1135	license that which expires at midnight on the licensee's
1136	birthday which next occurs on or after the eighth sixth
1137	anniversary of the date of issue. An applicant who is at least
1138	80 years of age applying for an original issuance shall be
1139	issued a driver's license that expires at midnight on the
1140	licensee's birthday that next occurs on or after the sixth
1141	anniversary of the date of issue.
1142	(b)  An applicant who has not attained 80 years of age
1143	applying for a renewal issuance or renewal extension shall be
1144	issued a driver's license that or renewal extension sticker
1145	which expires at midnight on the licensee's birthday that which
1146	next occurs 8 4 years after the month of expiration of the
1147	license being renewed. An applicant who is at least 80 years of
1148	age applying for a renewal issuance shall be issued a driver's
1149	license that, except that a driver whose driving record reflects
1150	no convictions for the preceding 3 years shall be issued a
1151	driver's license or renewal extension sticker which expires at
1152	midnight on the licensee's birthday that which next occurs 6
1153	years after the month of expiration of the license being
1154	renewed.
1155	(c)  Notwithstanding any other provision of this chapter,
1156	if an applicant establishes his or her identity for a driver's
1157	license using a document authorized under s. 322.08(2)(c)5., the
1158	driver's license shall expire in accordance with paragraph (b).
1159	After an initial showing of such documentation, he or she is
1160	exempted from having to renew or obtain a duplicate in person.
1161	(d)  Notwithstanding any other provision of this chapter,
1162	if an applicant establishes his or her identity for a driver's
1163	license using a document authorized in s. 322.08(2)(c)7.6. or
1164	8.7., the driver's license shall expire 1 year 2 years after the
1165	date of issuance or upon the expiration date cited on the United
1166	States Department of Homeland Security documents, whichever date
1167	first occurs.
1168	(e)  Notwithstanding any other provision of this chapter,
1169	an applicant applying for an original or renewal issuance of a
1170	commercial driver's license as defined in s. 322.01(7), with a
1171	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1172	shall be issued a driver's license that expires at midnight on
1173	the licensee's birthday that next occurs 4 years after the month
1174	of expiration of the license being issued or renewed.
1175	(4)(a)  Except as otherwise provided in this chapter, all
1176	licenses shall be renewable every 8 4 years or 6 years,
1177	depending upon the terms of issuance and shall be issued or
1178	renewed extended upon application, payment of the fees required
1179	by s. 322.21, and successful passage of any required
1180	examination, unless the department has reason to believe that
1181	the licensee is no longer qualified to receive a license.
1182	(b)  Notwithstanding any other provision of this chapter,
1183	if an applicant establishes his or her identity for a driver's
1184	license using a document authorized under s. 322.08(2)(c)5., the
1185	license, upon an initial showing of such documentation, is
1186	exempted from having to renew or obtain a duplicate in person,
1187	unless the renewal or duplication coincides with the periodic
1188	reexamination of a driver as required pursuant to s. 322.121.
1189	(c)  Notwithstanding any other provision of this chapter,
1190	if a licensee establishes his or her identity for a driver's
1191	license using an identification document authorized under s.
1192	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1193	driver's license except in person and upon submission of an
1194	identification document authorized under s. 322.08(2)(c)7.6. or
1195	8.7. A driver's license renewed under this paragraph expires 1
1196	year 4 years after the date of issuance or upon the expiration
1197	date cited on the United States Department of Homeland Security
1198	documents, whichever date first occurs.
1199	(5)  All renewal driver's licenses may be issued after the
1200	applicant licensee has been determined to be eligible by the
1201	department.
1202	(a)  A licensee who is otherwise eligible for renewal and
1203	who is at least 80 over 79 years of age:
1204	1.  Must submit to and pass a vision test administered at
1205	any driver's license office; or
1206	2.  If the licensee applies for a renewal using a
1207	convenience service an extension by mail as provided in
1208	subsection (8), he or she must submit to a vision test
1209	administered by a physician licensed under chapter 458 or
1210	chapter 459, or an optometrist licensed under chapter 463, must
1211	send the results of that test to the department on a form
1212	obtained from the department and signed by such health care
1213	practitioner, and must meet vision standards that are equivalent
1214	to the standards for passing the departmental vision test. The
1215	physician or optometrist may submit the results of a vision test
1216	by a department-approved electronic means.
1217	(b)  A licensee who is at least 80 over 79 years of age may
1218	not submit an application for renewal extension under subsection
1219	(8) by a convenience service electronic or telephonic means,
1220	unless the results of a vision test have been electronically
1221	submitted in advance by the physician or optometrist.
1222	(8)  The department shall issue 8-year renewals using a
1223	convenience service 4-year and 6-year license extensions by
1224	mail, electronic, or telephonic means without reexamination to
1225	drivers who have not attained 80 years of age. The department
1226	shall issue 6-year renewals using a convenience service when the
1227	applicant has satisfied the requirements of subsection (5).
1228	(a)  If the department determines from its records that the
1229	holder of a license about to expire is eligible for renewal, the
1230	department shall mail a renewal notice to the licensee at his or
1231	her last known address, not less than 30 days prior to the
1232	licensee's birthday. The renewal notice shall direct the
1233	licensee to appear at a driver license office for in-person
1234	renewal or to transmit the completed renewal notice and the fees
1235	required by s. 322.21 to the department using a convenience
1236	service by mail, electronically, or telephonically within the 30
1237	days preceding the licensee's birthday for a license extension.
1238	License extensions shall not be available to drivers directed to
1239	appear for in-person renewal.
1240	(b)  Upon receipt of a properly completed renewal notice,
1241	payment of the required fees, and upon determining that the
1242	licensee is still eligible for renewal, the department shall
1243	send a new license extension sticker to the licensee to affix to
1244	the expiring license as evidence that the license term has been
1245	extended.
1246	(c)  The department shall issue one renewal using a
1247	convenience service license extensions for two consecutive
1248	license expirations only. Upon expiration of two consecutive
1249	license extension periods, in-person renewal with reexamination
1250	as provided in s. 322.121 shall be required. A person who is out
1251	of this state when his or her license expires may be issued a
1252	90-day temporary driving permit without reexamination. At the
1253	end of the 90-day period, the person must either return to this
1254	state or apply for a license where the person is located, except
1255	for a member of the Armed Forces as provided in s. 322.121(6).
1256	(d)  In-person renewal at a driver license office shall not
1257	be available to drivers whose records indicate they were
1258	directed to apply for a license extension.
1259	(d)(e)  Any person who knowingly possesses any forged,
1260	stolen, fictitious, counterfeit, or unlawfully issued license
1261	extension sticker, unless possession by such person has been
1262	duly authorized by the department, commits a misdemeanor of the
1263	second degree, punishable as provided in s. 775.082 or s.
1264	775.083.
1265	(e)(f)  The department shall develop a plan for the
1266	equitable distribution of license extensions and renewals and
1267	the orderly implementation of this section.
1268	(9)(a)  The application form for a renewal issuance or
1269	renewal extension shall include language permitting a voluntary
1270	contribution of $1 per applicant, to be quarterly distributed by
1271	the department to Prevent Blindness Florida, a not-for-profit
1272	organization, to prevent blindness and preserve the sight of the
1273	residents of this state. A statement providing an explanation of
1274	the purpose of the funds shall be included with the application
1275	form.
1276	(b)  Prior to the department distributing the funds
1277	collected pursuant to paragraph (a), Prevent Blindness Florida
1278	must submit a report to the department that identifies how such
1279	funds were used during the preceding year.
1280	Section 33.  Subsection (4) of section 322.181, Florida
1281	Statutes, is repealed.
1282	Section 34.  Subsections (2) and (4) of section 322.19,
1283	Florida Statutes, are amended to read:
1284	322.19  Change of address or name.--
1285	(2)  Whenever any person, after applying for or receiving a
1286	driver's license, changes the residence or mailing address in
1287	the application or license, the person must, within 10 calendar
1288	days, either obtain a replacement license that reflects the
1289	change or request in writing a change-of-address sticker. A The
1290	written request to the department must include the old and new
1291	addresses and the driver's license number.
1292	(4)  Notwithstanding any other provision of this chapter,
1293	if a licensee established his or her identity for a driver's
1294	license using an identification document authorized under s.
1295	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1296	name or address except in person and upon submission of an
1297	identification document authorized under s. 322.08(2)(c)7.6. or
1298	8.7.
1299	Section 35.  Subsection (1) of section 322.21, Florida
1300	Statutes, is amended to read:
1301	322.21  License fees; procedure for handling and collecting
1302	fees.--
1303	(1)  Except as otherwise provided herein, the fee for:
1304	(a)  An original or renewal commercial driver's license is
1305	$67 $50, which shall include the fee for driver education
1306	provided by s. 1003.48; however, if an applicant has completed
1307	training and is applying for employment or is currently employed
1308	in a public or nonpublic school system that requires the
1309	commercial license, the fee shall be the same as for a Class E
1310	driver's license. A delinquent fee of $1 shall be added for a
1311	renewal made not more than 12 months after the license
1312	expiration date.
1313	(b)  An original Class E driver's license is $27 $20, which
1314	shall include the fee for driver's education provided by s.
1315	1003.48; however, if an applicant has completed training and is
1316	applying for employment or is currently employed in a public or
1317	nonpublic school system that requires a commercial driver
1318	license, the fee shall be the same as for a Class E license.
1319	(c)  The renewal or extension of a Class E driver's license
1320	or of a license restricted to motorcycle use only is $20 $15,
1321	except that a delinquent fee of $1 shall be added for a renewal
1322	or extension made not more than 12 months after the license
1323	expiration date. The fee provided in this paragraph shall
1324	include the fee for driver's education provided by s. 1003.48.
1325	(d)  An original driver's license restricted to motorcycle
1326	use only is $27 $20, which shall include the fee for driver's
1327	education provided by s. 1003.48.
1328	(e)  A replacement driver's license issued pursuant to s.
1329	322.17 is $10. Of this amount $7 shall be deposited into the
1330	Highway Safety Operating Trust Fund and $3 shall be deposited
1331	into the General Revenue Fund.
1332	(f)  An original, renewal, or replacement identification
1333	card issued pursuant to s. 322.051 is $10. Funds collected from
1334	these fees shall be distributed as follows:
1335	1.  For an original identification card issued pursuant to
1336	s. 322.051 the fee shall be $10. This amount shall be deposited
1337	into the General Revenue Fund.
1338	2.  For a renewal identification card issued pursuant to s.
1339	322.051 the fee shall be $10. Of this amount, $6 shall be
1340	deposited into the Highway Safety Operating Trust Fund and $4
1341	shall be deposited into the General Revenue Fund.
1342	3.  For a replacement identification card issued pursuant
1343	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1344	deposited into the Highway Safety Operating Trust Fund and $1
1345	shall be deposited into the General Revenue Fund.
1346	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1347	(h)(f)  A hazardous-materials endorsement, as required by
1348	s. 322.57(1)(d), shall be set by the department by rule and
1349	shall reflect the cost of the required criminal history check,
1350	including the cost of the state and federal fingerprint check,
1351	and the cost to the department of providing and issuing the
1352	license. The fee shall not exceed $100. This fee shall be
1353	deposited in the Highway Safety Operating Trust Fund. The
1354	department may adopt rules to administer this section.
1355	Section 36.  Subsection (3) of section 322.2715, Florida
1356	Statutes is amended to read:
1357	322.2715  Ignition interlock device.--
1358	(3)  If the person is convicted of:
1359	(a)  A first offense of driving under the influence under
1360	s. 316.193 and has an unlawful blood-alcohol level or breath-
1361	alcohol level as specified in s. 316.193(4), or if a person is
1362	convicted of a violation of s. 316.193 and was at the time of
1363	the offense accompanied in the vehicle by a person younger than
1364	18 years of age, the person shall have the ignition interlock
1365	device installed for not less than 6 continuous months for the
1366	first offense and for  not less than at least 2 continuous years
1367	for a second offense.
1368	(b)  A second offense of driving under the influence, the
1369	ignition interlock device shall be installed for a period of not
1370	less than 1 continuous year.
1371	(c)  A third offense of driving under the influence which
1372	occurs within 10 years after a prior conviction for a violation
1373	of s.316.193, the ignition interlock device shall be installed
1374	for a period of not less than 2 continuous years.
1375	(d)  A third offense of driving under the influence which
1376	occurs more than 10 years after the date of a prior conviction,
1377	the ignition interlock device shall be installed for a period of
1378	not less than 2 continuous years.
1379	Section 37.  Section 322.291, Florida Statutes is amended
1380	to read:
1381	322.291  Driver improvement schools or DUI programs;
1382	required in certain suspension and revocation cases.--Except as
1383	provided in s. 322.03(2), any person:
1384	(1)  Whose driving privilege has been revoked:
1385	(a)  Upon conviction for:
1386	1.  Driving, or being in actual physical control of, any
1387	vehicle while under the influence of alcoholic beverages, any
1388	chemical substance set forth in s. 877.111, or any substance
1389	controlled under chapter 893, in violation of s. 316.193;
1390	2.  Driving with an unlawful blood- or breath-alcohol
1391	level;
1392	3.  Manslaughter resulting from the operation of a motor
1393	vehicle;
1394	4.  Failure to stop and render aid as required under the
1395	laws of this state in the event of a motor vehicle crash
1396	resulting in the death or personal injury of another;
1397	5.  Reckless driving; or
1398	(b)  As a an habitual offender;
1399	(c)  Upon direction of the court, if the court feels that
1400	the seriousness of the offense and the circumstances surrounding
1401	the conviction warrant the revocation of the licensee's driving
1402	privilege; or
1403	(2)  Whose license was suspended under the point system,
1404	was suspended for driving with an unlawful blood-alcohol level
1405	of 0.10 percent or higher before January 1, 1994, was suspended
1406	for driving with an unlawful blood-alcohol level of 0.08 percent
1407	or higher after December 31, 1993, was suspended for a violation
1408	of s. 316.193(1), or was suspended for refusing to submit to a
1409	lawful breath, blood, or urine test as provided in s. 322.2615
1410
1411	shall, before the driving privilege may be reinstated, present
1412	to the department proof of enrollment in a department-approved
1413	advanced driver improvement course operating pursuant to s.
1414	318.1451 or a substance abuse education course conducted by a
1415	DUI program licensed pursuant to s. 322.292, which shall include
1416	a psychosocial evaluation and treatment, if referred.
1417	Additionally, for a third or subsequent violation of
1418	requirements for installation of an ignition interlock device, a
1419	person must complete treatment as determined by a licensed
1420	treatment agency following a referral by a DUI program and have
1421	the duration of the ignition interlock device requirement
1422	extended by at least 1 month up to the time period required to
1423	complete treatment. If the person fails to complete such course
1424	or evaluation within 90 days after reinstatement, or
1425	subsequently fails to complete treatment, if referred, the DUI
1426	program shall notify the department of the failure. Upon receipt
1427	of the notice, the department shall cancel the offender's
1428	driving privilege, notwithstanding the expiration of the
1429	suspension or revocation of the driving privilege. The
1430	department may temporarily reinstate the driving privilege upon
1431	verification from the DUI program that the offender has
1432	completed the education course and evaluation requirement and
1433	has reentered and is currently participating in treatment. If
1434	the DUI program notifies the department of the second failure to
1435	complete treatment, the department shall reinstate the driving
1436	privilege only after notice of completion of treatment from the
1437	DUI program.
1438	Section 38.  Section 322.36, Florida Statutes, is amended
1439	to read:
1440	322.36  Permitting unauthorized operator to drive.--A No
1441	person may not shall authorize or knowingly permit a motor
1442	vehicle owned by him or her or under his or her dominion or
1443	control to be operated upon any highway or public street except
1444	by a person who is persons duly authorized to operate a motor
1445	vehicle vehicles under the provisions of this chapter. Any
1446	person who violates violating this section commits provision is
1447	guilty of a misdemeanor of the second degree, punishable as
1448	provided in s. 775.082 or s. 775.083. If a person violates this
1449	section by knowingly loaning a vehicle to a person whose
1450	driver's license is suspended and if that vehicle is involved in
1451	an accident resulting in bodily injury or death, the driver's
1452	license of the person violating this section shall be suspended
1453	for 1 year.
1454	Section 39.  Section 322.60, Florida Statutes, is repealed.
1455	Section 40.  Subsections (1) through (6) of section 322.61,
1456	Florida Statutes, are amended to read:
1457	322.61  Disqualification from operating a commercial motor
1458	vehicle.--
1459	(1)  A person who, for offenses occurring within a 3-year
1460	period, is convicted of two of the following serious traffic
1461	violations or any combination thereof, arising in separate
1462	incidents committed in a commercial motor vehicle shall, in
1463	addition to any other applicable penalties, be disqualified from
1464	operating a commercial motor vehicle for a period of 60 days. A
1465	holder of a commercial driver's license person who, for offenses
1466	occurring within a 3-year period, is convicted of two of the
1467	following serious traffic violations, or any combination
1468	thereof, arising in separate incidents committed in a
1469	noncommercial motor vehicle shall, in addition to any other
1470	applicable penalties, be disqualified from operating a
1471	commercial motor vehicle for a period of 60 days if such
1472	convictions result in the suspension, revocation, or
1473	cancellation of the licenseholder's driving privilege:
1474	(a)  A violation of any state or local law relating to
1475	motor vehicle traffic control, other than a parking violation, a
1476	weight violation, or a vehicle equipment violation, arising in
1477	connection with a crash resulting in death or personal injury to
1478	any person;
1479	(b)  Reckless driving, as defined in s. 316.192;
1480	(c)  Careless driving, as defined in s. 316.1925;
1481	(d)  Fleeing or attempting to elude a law enforcement
1482	officer, as defined in s. 316.1935;
1483	(e)  Unlawful speed of 15 miles per hour or more above the
1484	posted speed limit;
1485	(f)  Driving a commercial motor vehicle, owned by such
1486	person, which is not properly insured;
1487	(g)  Improper lane change, as defined in s. 316.085;
1488	(h)  Following too closely, as defined in s. 316.0895;
1489	(i)  Driving a commercial vehicle without obtaining a
1490	commercial driver's license;
1491	(j)  Driving a commercial vehicle without the proper class
1492	of commercial driver's license or without the proper
1493	endorsement; or
1494	(k)  Driving a commercial vehicle without a commercial
1495	driver's license in possession, as required by s. 322.03. Any
1496	individual who provides proof to the clerk of the court or
1497	designated official in the jurisdiction where the citation was
1498	issued, by the date the individual must appear in court or pay
1499	any fine for such a violation, that the individual held a valid
1500	commercial driver's license on the date the citation was issued
1501	is not guilty of this offense.
1502	(2)(a)  Any person who, for offenses occurring within a 3-
1503	year period, is convicted of three serious traffic violations
1504	specified in subsection (1) or any combination thereof, arising
1505	in separate incidents committed in a commercial motor vehicle
1506	shall, in addition to any other applicable penalties, including
1507	but not limited to the penalty provided in subsection (1), be
1508	disqualified from operating a commercial motor vehicle for a
1509	period of 120 days.
1510	(b)  A holder of a commercial driver's license person who,
1511	for offenses occurring within a 3-year period, is convicted of
1512	three serious traffic violations specified in subsection (1) or
1513	any combination thereof arising in separate incidents committed
1514	in a noncommercial motor vehicle shall, in addition to any other
1515	applicable penalties, including, but not limited to, the penalty
1516	provided in subsection (1), be disqualified from operating a
1517	commercial motor vehicle for a period of 120 days if such
1518	convictions result in the suspension, revocation, or
1519	cancellation of the licenseholder's driving privilege.
1520	(3)(a)  Except as provided in subsection (4), any person
1521	who is convicted of one of the following offenses listed in
1522	paragraph (b) while operating a commercial motor vehicle shall,
1523	in addition to any other applicable penalties, be disqualified
1524	from operating a commercial motor vehicle for a period of 1
1525	year:
1526	(b)  Except as provided in subsection (4), any holder of a
1527	commercial driver's license who is convicted of one of the
1528	offenses listed in this paragraph while operating a
1529	noncommercial motor vehicle shall, in addition to any other
1530	applicable penalties, be disqualified from operating a
1531	commercial motor vehicle for a period of 1 year:
1532	1.(a)  Driving a commercial motor vehicle while he or she
1533	is under the influence of alcohol or a controlled substance;
1534	2.(b)  Driving a commercial motor vehicle while the alcohol
1535	concentration of his or her blood, breath, or urine is .04
1536	percent or higher;
1537	3.(c)  Leaving the scene of a crash involving a commercial
1538	motor vehicle driven by such person;
1539	4.(d)  Using a commercial motor vehicle in the commission
1540	of a felony;
1541	5.(e)  Driving a commercial motor vehicle while in
1542	possession of a controlled substance;
1543	6.(f)  Refusing to submit to a test to determine his or her
1544	alcohol concentration while driving a commercial motor vehicle;
1545	7.(g)  Driving a commercial vehicle while the
1546	licenseholder's commercial driver's license is suspended,
1547	revoked, or canceled or while the licenseholder is disqualified
1548	from driving a commercial vehicle; or
1549	8.(h)  Causing a fatality through the negligent operation
1550	of a commercial motor vehicle.
1551	(4)  Any person who is transporting hazardous materials as
1552	defined in s. 322.01(24) in a vehicle that is required to be
1553	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1554	shall, upon conviction of an offense specified in subsection
1555	(3), be disqualified from operating a commercial motor vehicle
1556	for a period of 3 years. The penalty provided in this subsection
1557	shall be in addition to any other applicable penalty.
1558	(5)  Any person who is convicted of two violations
1559	specified in subsection (3) which were committed while operating
1560	a commercial motor vehicle, or any combination thereof, arising
1561	in separate incidents shall be permanently disqualified from
1562	operating a commercial motor vehicle. Any holder of a commercial
1563	driver's license who is convicted of two violations specified in
1564	subsection (3) which were committed while operating a
1565	noncommercial motor vehicle, or any combination thereof, arising
1566	in separate incidents shall be permanently disqualified from
1567	operating a commercial motor vehicle. The penalty provided in
1568	this subsection is shall be in addition to any other applicable
1569	penalty.
1570	(6)  Notwithstanding subsections (3), (4), and (5), any
1571	person who uses a commercial motor vehicle in the commission of
1572	any felony involving the manufacture, distribution, or
1573	dispensing of a controlled substance, including possession with
1574	intent to manufacture, distribute, or dispense a controlled
1575	substance, shall, upon conviction of such felony, be permanently
1576	disqualified from operating a commercial motor vehicle.
1577	Notwithstanding subsections (3), (4), and (5), any holder of a
1578	commercial driver's license who uses a noncommercial motor
1579	vehicle in the commission of any felony involving the
1580	manufacture, distribution, or dispensing of a controlled
1581	substance, including possession with intent to manufacture,
1582	distribute, or dispense a controlled substance, shall, upon
1583	conviction of such felony, be permanently disqualified from
1584	operating a commercial motor vehicle. The penalty provided in
1585	this subsection is shall be in addition to any other applicable
1586	penalty.
1587	Section 41.  Section 322.64, Florida Statutes, is amended
1588	to read:
1589	322.64  Holder of commercial driver's license; persons
1590	operating a commercial motor vehicle; driving with unlawful
1591	blood-alcohol level; refusal to submit to breath, urine, or
1592	blood test.--
1593	(1)(a)  A law enforcement officer or correctional officer
1594	shall, on behalf of the department, disqualify from operating
1595	any commercial motor vehicle a person who while operating or in
1596	actual physical control of a commercial motor vehicle is
1597	arrested for a violation of s. 316.193, relating to unlawful
1598	blood-alcohol level or breath-alcohol level, or a person who has
1599	refused to submit to a breath, urine, or blood test authorized
1600	by s. 322.63 arising out of the operation or actual physical
1601	control of a commercial motor vehicle. A law enforcement officer
1602	or correctional officer shall, on behalf of the department,
1603	disqualify the holder of a commercial driver's license from
1604	operating any commercial motor vehicle if the licenseholder,
1605	while operating or in actual physical control of a motor
1606	vehicle, is arrested for a violation of s. 316.193, relating to
1607	unlawful blood-alcohol level or breath-alcohol level, or refused
1608	to submit to a breath, urine, or blood test authorized by s.
1609	322.63. Upon disqualification of the person, the officer shall
1610	take the person's driver's license and issue the person a 10-day
1611	temporary permit for the operation of noncommercial vehicles
1612	only if the person is otherwise eligible for the driving
1613	privilege and shall issue the person a notice of
1614	disqualification. If the person has been given a blood, breath,
1615	or urine test, the results of which are not available to the
1616	officer at the time of the arrest, the agency employing the
1617	officer shall transmit such results to the department within 5
1618	days after receipt of the results. If the department then
1619	determines that the person was arrested for a violation of s.
1620	316.193 and that the person had a blood-alcohol level or breath-
1621	alcohol level of 0.08 or higher, the department shall disqualify
1622	the person from operating a commercial motor vehicle pursuant to
1623	subsection (3).
1624	(b)  The disqualification under paragraph (a) shall be
1625	pursuant to, and the notice of disqualification shall inform the
1626	driver of, the following:
1627	1.a.  The driver refused to submit to a lawful breath,
1628	blood, or urine test and he or she is disqualified from
1629	operating a commercial motor vehicle for a period of 1 year, for
1630	a first refusal, or permanently, if he or she has previously
1631	been disqualified as a result of a refusal to submit to such a
1632	test; or
1633	b.  The driver was driving or in actual physical control of
1634	a commercial motor vehicle, or any motor vehicle if the driver
1635	holds a commercial driver's license, had an unlawful blood-
1636	alcohol level or breath-alcohol level of 0.08 or higher, and his
1637	or her driving privilege shall be disqualified for a period of 1
1638	year for a first offense or permanently disqualified if his or
1639	her driving privilege has been previously disqualified under
1640	this section. violated s. 316.193 by driving with an unlawful
1641	blood-alcohol level and he or she is disqualified from operating
1642	a commercial motor vehicle for a period of 6 months for a first
1643	offense or for a period of 1 year if he or she has previously
1644	been disqualified, or his or her driving privilege has been
1645	previously suspended, for a violation of s. 316.193.
1646	2.  The disqualification period for operating commercial
1647	vehicles shall commence on the date of arrest or issuance of the
1648	notice of disqualification, whichever is later.
1649	3.  The driver may request a formal or informal review of
1650	the disqualification by the department within 10 days after the
1651	date of arrest or issuance of the notice of disqualification,
1652	whichever is later.
1653	4.  The temporary permit issued at the time of arrest or
1654	disqualification expires will expire at midnight of the 10th day
1655	following the date of disqualification.
1656	5.  The driver may submit to the department any materials
1657	relevant to the disqualification arrest.
1658	(2)  Except as provided in paragraph (1)(a), the law
1659	enforcement officer shall forward to the department, within 5
1660	days after the date of the arrest or the issuance of the notice
1661	of disqualification, whichever is later, a copy of the notice of
1662	disqualification, the driver's license of the person
1663	disqualified arrested, and a report of the arrest, including, if
1664	applicable, an affidavit stating the officer's grounds for
1665	belief that the person disqualified arrested was operating or in
1666	actual physical control of a commercial motor vehicle, or holds
1667	a commercial driver's license, and had an unlawful blood-alcohol
1668	or breath-alcohol level in violation of s. 316.193; the results
1669	of any breath or blood or urine test or an affidavit stating
1670	that a breath, blood, or urine test was requested by a law
1671	enforcement officer or correctional officer and that the person
1672	arrested refused to submit; a copy of the notice of
1673	disqualification citation issued to the person arrested; and the
1674	officer's description of the person's field sobriety test, if
1675	any. The failure of the officer to submit materials within the
1676	5-day period specified in this subsection or subsection (1) does
1677	shall not affect the department's ability to consider any
1678	evidence submitted at or prior to the hearing. The officer may
1679	also submit a copy of a videotape of the field sobriety test or
1680	the attempt to administer such test and a copy of the crash
1681	report, if any.
1682	(3)  If the department determines that the person arrested
1683	should be disqualified from operating a commercial motor vehicle
1684	pursuant to this section and if the notice of disqualification
1685	has not already been served upon the person by a law enforcement
1686	officer or correctional officer as provided in subsection (1),
1687	the department shall issue a notice of disqualification and,
1688	unless the notice is mailed pursuant to s. 322.251, a temporary
1689	permit which expires 10 days after the date of issuance if the
1690	driver is otherwise eligible.
1691	(4)  If the person disqualified arrested requests an
1692	informal review pursuant to subparagraph (1)(b)3., the
1693	department shall conduct the informal review by a hearing
1694	officer employed by the department. Such informal review hearing
1695	shall consist solely of an examination by the department of the
1696	materials submitted by a law enforcement officer or correctional
1697	officer and by the person disqualified arrested, and the
1698	presence of an officer or witness is not required.
1699	(5)  After completion of the informal review, notice of the
1700	department's decision sustaining, amending, or invalidating the
1701	disqualification must be provided to the person. Such notice
1702	must be mailed to the person at the last known address shown on
1703	the department's records, and to the address provided in the law
1704	enforcement officer's report if such address differs from the
1705	address of record, within 21 days after the expiration of the
1706	temporary permit issued pursuant to subsection (1) or subsection
1707	(3).
1708	(6)(a)  If the person disqualified arrested requests a
1709	formal review, the department must schedule a hearing to be held
1710	within 30 days after such request is received by the department
1711	and must notify the person of the date, time, and place of the
1712	hearing.
1713	(b)  Such formal review hearing shall be held before a
1714	hearing officer employed by the department, and the hearing
1715	officer shall be authorized to administer oaths, examine
1716	witnesses and take testimony, receive relevant evidence, issue
1717	subpoenas for the officers and witnesses identified in documents
1718	as provided in subsection (2), regulate the course and conduct
1719	of the hearing, and make a ruling on the disqualification. The
1720	department and the person disqualified arrested may subpoena
1721	witnesses, and the party requesting the presence of a witness
1722	shall be responsible for the payment of any witness fees. If the
1723	person who requests a formal review hearing fails to appear and
1724	the hearing officer finds such failure to be without just cause,
1725	the right to a formal hearing is waived and the department shall
1726	conduct an informal review of the disqualification under
1727	subsection (4).
1728	(c)  A party may seek enforcement of a subpoena under
1729	paragraph (b) by filing a petition for enforcement in the
1730	circuit court of the judicial circuit in which the person
1731	failing to comply with the subpoena resides. A failure to comply
1732	with an order of the court shall result in a finding of contempt
1733	of court. However, a person shall not be in contempt while a
1734	subpoena is being challenged.
1735	(d)  The department must, within 7 days after a formal
1736	review hearing, send notice to the person of the hearing
1737	officer's decision as to whether sufficient cause exists to
1738	sustain, amend, or invalidate the disqualification.
1739	(7)  In a formal review hearing under subsection (6) or an
1740	informal review hearing under subsection (4), the hearing
1741	officer shall determine by a preponderance of the evidence
1742	whether sufficient cause exists to sustain, amend, or invalidate
1743	the disqualification. The scope of the review shall be limited
1744	to the following issues:
1745	(a)  If the person was disqualified from operating a
1746	commercial motor vehicle for driving with an unlawful blood-
1747	alcohol level in violation of s. 316.193:
1748	1.  Whether the arresting law enforcement officer had
1749	probable cause to believe that the person was driving or in
1750	actual physical control of a commercial motor vehicle, or any
1751	motor vehicle if the driver holds a commercial driver's license,
1752	in this state while he or she had any alcohol, chemical
1753	substances, or controlled substances in his or her body.
1754	2.  Whether the person was placed under lawful arrest for a
1755	violation of s. 316.193.
1756	2.3.  Whether the person had an unlawful blood-alcohol
1757	level or breath-alcohol level of 0.08 or higher as provided in
1758	s. 316.193.
1759	(b)  If the person was disqualified from operating a
1760	commercial motor vehicle for refusal to submit to a breath,
1761	blood, or urine test:
1762	1.  Whether the law enforcement officer had probable cause
1763	to believe that the person was driving or in actual physical
1764	control of a commercial motor vehicle, or any motor vehicle if
1765	the driver holds a commercial driver's license, in this state
1766	while he or she had any alcohol, chemical substances, or
1767	controlled substances in his or her body.
1768	2.  Whether the person refused to submit to the test after
1769	being requested to do so by a law enforcement officer or
1770	correctional officer.
1771	3.  Whether the person was told that if he or she refused
1772	to submit to such test he or she would be disqualified from
1773	operating a commercial motor vehicle for a period of 1 year or,
1774	in the case of a second refusal, permanently.
1775	(8)  Based on the determination of the hearing officer
1776	pursuant to subsection (7) for both informal hearings under
1777	subsection (4) and formal hearings under subsection (6), the
1778	department shall:
1779	(a)  Sustain the disqualification for a period of 1 year
1780	for a first refusal, or permanently if such person has been
1781	previously disqualified from operating a commercial motor
1782	vehicle as a result of a refusal to submit to such tests. The
1783	disqualification period commences on the date of the arrest or
1784	issuance of the notice of disqualification, whichever is later.
1785	(b)  Sustain the disqualification:
1786	1.  For a period of 1 year if the person was driving or in
1787	actual physical control of a commercial motor vehicle, or any
1788	motor vehicle if the driver holds a commercial driver's license,
1789	and had an unlawful blood-alcohol level or breath-alcohol level
1790	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1791	for a period of 1 year
1792	2.  Permanently if the person has been previously
1793	disqualified from operating a commercial motor vehicle or his or
1794	her driving privilege has been previously suspended for driving
1795	or being in actual physical control of a commercial motor
1796	vehicle, or any motor vehicle if the driver holds a commercial
1797	driver's license, and had an unlawful blood-alcohol level or
1798	breath-alcohol level of 0.08 or higher as a result of a
1799	violation of s. 316.193.
1800
1801	The disqualification period commences on the date of the arrest
1802	or issuance of the notice of disqualification, whichever is
1803	later.
1804	(9)  A request for a formal review hearing or an informal
1805	review hearing shall not stay the disqualification. If the
1806	department fails to schedule the formal review hearing to be
1807	held within 30 days after receipt of the request therefor, the
1808	department shall invalidate the disqualification. If the
1809	scheduled hearing is continued at the department's initiative,
1810	the department shall issue a temporary driving permit limited to
1811	noncommercial vehicles which is shall be valid until the hearing
1812	is conducted if the person is otherwise eligible for the driving
1813	privilege. Such permit shall not be issued to a person who
1814	sought and obtained a continuance of the hearing. The permit
1815	issued under this subsection shall authorize driving for
1816	business purposes or employment use only.
1817	(10)  A person who is disqualified from operating a
1818	commercial motor vehicle under subsection (1) or subsection (3)
1819	is eligible for issuance of a license for business or employment
1820	purposes only under s. 322.271 if the person is otherwise
1821	eligible for the driving privilege. However, such business or
1822	employment purposes license shall not authorize the driver to
1823	operate a commercial motor vehicle.
1824	(11)  The formal review hearing may be conducted upon a
1825	review of the reports of a law enforcement officer or a
1826	correctional officer, including documents relating to the
1827	administration of a breath test or blood test or the refusal to
1828	take either test. However, as provided in subsection (6), the
1829	driver may subpoena the officer or any person who administered
1830	or analyzed a breath or blood test.
1831	(12)  The formal review hearing and the informal review
1832	hearing are exempt from the provisions of chapter 120. The
1833	department is authorized to adopt rules for the conduct of
1834	reviews under this section.
1835	(13)  A person may appeal any decision of the department
1836	sustaining the disqualification from operating a commercial
1837	motor vehicle by a petition for writ of certiorari to the
1838	circuit court in the county wherein such person resides or
1839	wherein a formal or informal review was conducted pursuant to s.
1840	322.31. However, an appeal shall not stay the disqualification.
1841	This subsection shall not be construed to provide for a de novo
1842	appeal.
1843	(14)  The decision of the department under this section
1844	shall not be considered in any trial for a violation of s.
1845	316.193, s. 322.61, or s. 322.62, nor shall any written
1846	statement submitted by a person in his or her request for
1847	departmental review under this section be admissible into
1848	evidence against him or her in any such trial. The disposition
1849	of any related criminal proceedings shall not affect a
1850	disqualification imposed pursuant to this section.
1851	(15)  This section does not preclude the suspension of the
1852	driving privilege pursuant to s. 322.2615. The driving privilege
1853	of a person who has been disqualified from operating a
1854	commercial motor vehicle also may be suspended for a violation
1855	of s. 316.193.
1856	Section 42.  Subsection (10) of section 324.021, Florida
1857	Statutes, is amended to read:
1858	324.021  Definitions; minimum insurance required.--The
1859	following words and phrases when used in this chapter shall, for
1860	the purpose of this chapter, have the meanings respectively
1861	ascribed to them in this section, except in those instances
1862	where the context clearly indicates a different meaning:
1863	(10)  JUDGMENT.--Any judgment becoming which shall have
1864	become final by expiration without appeal of the time within
1865	which an appeal might have been perfected, or by final
1866	affirmation on appeal, rendered by a court of competent
1867	jurisdiction of any state or of the United States upon a cause
1868	of action arising out of the ownership, maintenance, or use of
1869	any motor vehicle for damages, including damages for care and
1870	loss of services because of bodily injury to or death of any
1871	person, or for damages because of injury to or destruction of
1872	property, including the loss of use thereof, or upon a cause of
1873	action on an agreement of settlement for such damage.
1874	Section 43.  Subsection (19) of section 501.976, Florida
1875	Statutes, is amended to read:
1876	501.976  Actionable, unfair, or deceptive acts or
1877	practices.--It is an unfair or deceptive act or practice,
1878	actionable under the Florida Deceptive and Unfair Trade
1879	Practices Act, for a dealer to:
1880	(19)  Fail to disclose damage to a new motor vehicle, as
1881	defined in s. 319.001(9)(8), of which the dealer had actual
1882	knowledge, if the dealer's actual cost of repairs exceeds the
1883	threshold amount, excluding replacement items.
1884
1885	In any civil litigation resulting from a violation of this
1886	section, when evaluating the reasonableness of an award of
1887	attorney's fees to a private person, the trial court shall
1888	consider the amount of actual damages in relation to the time
1889	spent.
1890	Section 44.  (1)  The Automobile Lenders Industry Task
1891	Force is created within the Department of Highway Safety and
1892	Motor Vehicles. The task force shall make recommendations on
1893	proposed legislation and proposed department rules, shall
1894	present issues concerning the motor vehicle lending industry to
1895	the department for its consideration, shall consider any matters
1896	relating to the motor vehicle lending industry which are
1897	presented to it by the department, and shall submit a final
1898	report, including legislative proposals to the Governor, the
1899	President of the Senate, the Speaker of the House of
1900	Representatives, and appropriate committees within the
1901	Legislature by June 30, 2009, when the task force shall cease to
1902	exist.
1903	(2)  The task force shall be composed of 12 members
1904	appointed by each of the following organizations: one
1905	representative of the Department of Highway Safety and Motor
1906	Vehicles; one representative of the independent motor vehicle
1907	industry, appointed by the Florida Independent Automobile
1908	Dealers Association; one representative of the franchise motor
1909	vehicle industry, appointed by the Florida Automobile Dealers
1910	Association; one representative of credit unions, appointed by
1911	the Florida Credit Union League; one representative of the
1912	banking industry, appointed by the Florida Bankers Association;
1913	one representative of the insurance industry, appointed by the
1914	Florida Insurance Council; one state attorney, appointed by the
1915	Florida State Attorneys Association; one representative of the
1916	Office of Financial Regulation of the Department of Financial
1917	Services; one representative of a law enforcement agency,
1918	appointed by the Florida Auto Theft Intelligence Unit; one
1919	representative of the auto repair industry, appointed by the
1920	Florida Automotive Services Association; one representative of
1921	the towing industry, appointed by the Professional Wrecker
1922	Operators of Florida; and one representative of independent
1923	motor vehicle finance companies, appointed by the Florida
1924	Financial Services Association.
1925	(3)(a)  The task force shall elect a chair and vice chair
1926	at its initial meeting, which shall be held by October 1, 2008.
1927	(b)  The task force shall meet at least four times in
1928	different areas of the state, including one meeting in
1929	Tallahassee. Meetings may be called by the chair or by a simple
1930	majority of the members. The task force shall conduct all
1931	meetings pursuant to general law and shall keep minutes of its
1932	meetings. Meetings may be held in locations around the state in
1933	department facilities or in other appropriate locations. The
1934	department shall provide administrative support to the task
1935	force.
1936	(4)  Members from the private sector are not entitled to
1937	per diem or reimbursement for travel expenses. However, members
1938	from the public sector are entitled to reimbursement, if any,
1939	from their respective agency. The task force may request
1940	assistance from the Department of Highway Safety and Motor
1941	Vehicles as necessary.
1942	Section 45.  Except for a specialty license plate proposal
1943	which has submitted a letter of intent to the Department of
1944	Highway Safety and Motor Vehicles prior to May 2, 2008, and
1945	which has submitted a valid survey, marketing strategy, and
1946	application fee as required by s. 320.08053, Florida Statutes,
1947	prior to the effective date of this act, or which was included
1948	in a bill filed during the 2008 Legislative Session, the
1949	Department of Highway Safety and Motor Vehicles may not issue
1950	any new specialty license plates pursuant to ss. 320.08056 and
1951	320.08058, Florida Statutes, between July 1, 2008, and July 1,
1952	2011.
1953	Section 46.  Joseph P. Bertrand Building designated;
1954	Department of Highway Safety and Motor Vehicles to erect
1955	suitable markers.--
1956	(1)  The Regional Transportation Management Center in the
1957	City of Fort Myers in Lee County is designated the "Joseph P.
1958	Bertrand Building."
1959	(2)  The Department of Highway Safety and Motor Vehicles is
1960	directed to erect suitable markers designating the "Joseph P.
1961	Bertrand Building" as described in subsection (1).
1962	Section 47.  Subsection (1) of section 316.605, Florida
1963	Statutes, is amended to read:
1964	316.605  Licensing of vehicles.--
1965	(1)  Every vehicle, at all times while driven, stopped, or
1966	parked upon any highways, roads, or streets of this state, shall
1967	be licensed in the name of the owner thereof in accordance with
1968	the laws of this state unless such vehicle is not required by
1969	the laws of this state to be licensed in this state and shall,
1970	except as otherwise provided in s. 320.0706 for front-end
1971	registration license plates on truck tractors, s. 320.0821 for
1972	registration license plates on wreckers, and s. 320.086(5) which
1973	exempts display of license plates on described former military
1974	vehicles, display the license plate or both of the license
1975	plates assigned to it by the state, one on the rear and, if two,
1976	the other on the front of the vehicle, each to be securely
1977	fastened to the vehicle outside the main body of the vehicle not
1978	higher than 60 inches and not lower than 12 inches from the
1979	ground and no more than 24 inches to the left or right of the
1980	centerline of the vehicle, and in such manner as to prevent the
1981	plates from swinging, and all letters, numerals, printing,
1982	writing, and other identification marks upon the plates
1983	regarding the word "Florida," the registration decal, and the
1984	alphanumeric designation shall be clear and distinct and free
1985	from defacement, mutilation, grease, and other obscuring matter,
1986	so that they will be plainly visible and legible at all times
1987	100 feet from the rear or front. Vehicle license plates shall be
1988	affixed and displayed in such a manner that the letters and
1989	numerals shall be read from left to right parallel to the
1990	ground. No vehicle license plate may be displayed in an inverted
1991	or reversed position or in such a manner that the letters and
1992	numbers and their proper sequence are not readily identifiable.
1993	Nothing shall be placed upon the face of a Florida plate except
1994	as permitted by law or by rule or regulation of a governmental
1995	agency. No license plates other than those furnished by the
1996	state shall be used. However, if the vehicle is not required to
1997	be licensed in this state, the license plates on such vehicle
1998	issued by another state, by a territory, possession, or district
1999	of the United States, or by a foreign country, substantially
2000	complying with the provisions hereof, shall be considered as
2001	complying with this chapter. A violation of this subsection is a
2002	noncriminal traffic infraction, punishable as a nonmoving
2003	violation as provided in chapter 318.
2004	Section 48.  Subsection (5) is added to section 320.0821,
2005	Florida Statutes, is amended to read:
2006	320.0821  Wrecker license plates.--
2007	(5)  The owner of any wrecker issued a regular wrecker
2008	license plate shall display the license plate only on the front
2009	of the vehicle. Any wrecker issued gross vehicle weight wrecker
2010	license plates shall display the license plates on both the
2011	front and rear of the truck in conformance with all the
2012	requirements of s. 316.605 that do not conflict with this
2013	section.
2014	Section 49.  Except as otherwise expressly provided in this
2015	act and except for this section, which shall take effect upon
2016	this act becoming a law, this act shall take effect October 1,
2017	2008.
2018
2019
2020	-----------------------------------------------------
2021	T I T L E  A M E N D M E N T
2022	Remove the entire title and insert:
2023	A bill to be entitled
2024	An act relating to the Department of Highway Safety and
2025	Motor Vehicles; amending s. 316.0741, F.S.; redefining the
2026	term "hybrid vehicle"; authorizing the driving of a
2027	hybrid, low-emission, or energy-efficient vehicle in a
2028	high-occupancy-vehicle lane regardless of occupancy;
2029	authorizing the department to limit or discontinue such
2030	driving under certain circumstances; directing the
2031	Department of Transportation to review a specified federal
2032	rule and make a report to the Legislature; exempting
2033	certain vehicles from the payment of certain tolls;
2034	amending s. 316.1575, F.S.; requiring a person walking or
2035	driving a vehicle to stop at a railroad crossing upon the
2036	signal of a law enforcement officer; amending s. 316.1895,
2037	F.S.; requiring the placement of signs in certain school
2038	zones stating that speeding fines are doubled within the
2039	zone; amending s. 316.191, F.S.; providing a definition of
2040	the term "spectator"; prohibiting a person from being a
2041	spectator at an illegal drag race; providing noncriminal
2042	penalties; amending s. 316.193, F.S.; lowering the blood-
2043	alcohol or breath-alcohol level for which enhanced
2044	penalties are imposed against a person convicted of
2045	driving under the influence; clarifying that an ignition
2046	interlock device is installed for a continuous period;
2047	amending s. 316.1937, F.S.; revising the conditions under
2048	which the court may require the use of an ignition
2049	interlock device; amending s. 316.251, F.S.; conforming a
2050	cross-reference; amending s. 316.302, F.S.; revising
2051	references to rules, regulations, and criteria governing
2052	commercial motor vehicles engaged in intrastate commerce;
2053	providing that the Department of Transportation performs
2054	duties assigned to the Field Administrator of the Federal
2055	Motor Carrier Safety Administration under the federal
2056	rules and may enforce those rules; amending ss. 316.613
2057	and 316.614, F.S.; revising the definition of "motor
2058	vehicle" for purposes of child restraint and safety belt
2059	usage requirements; amending s. 316.645, F.S.; authorizing
2060	a police officer to make an arrest upon probable cause of
2061	a violation of laws governing motor vehicle licenses;
2062	amending s. 316.650, F.S.; revising requirements for
2063	traffic citation forms; providing for the electronic
2064	transmission of citation data; amending s. 316.656, F.S.;
2065	lowering the percentage of blood or breath alcohol content
2066	relating to the prohibition against pleading guilty to a
2067	lesser offense of driving under the influence than the
2068	offense charged; amending s. 318.14, F.S.; prohibiting a
2069	person from electing more than five times within 10 years
2070	to attend a basic driver improvement course approved by
2071	the Department of Highway Safety and Motor Vehicles in
2072	lieu of making a court appearance; amending s. 319.001,
2073	F.S.; defining the term "certificate of title" to include
2074	information stored electronically in the department's
2075	database; amending s. 320.01, F.S.; revising the
2076	definition of the term "motorcycle" to exclude a vehicle
2077	in which the operator is enclosed by a cabin; amending s.
2078	320.02, F.S.; deleting the requirement for a motorcycle
2079	endorsement at the time of original registration of a
2080	motorcycle, motor-driven cycle, or moped; repealing s.
2081	320.02(13), F.S., relating to a motor vehicle registration
2082	voluntary contribution for the Election Campaign Financing
2083	Trust Fund; amending s. 320.0706, F.S.; providing that a
2084	violation of requirements for displaying a truck license
2085	plate is a moving violation; amending s. 320.0715, F.S.;
2086	requiring the department to withhold issuing or to suspend
2087	a registration and license plate for a commercial motor
2088	vehicle if the federal identifying number is not provided
2089	or if the motor carrier or vehicle owner has been
2090	prohibited from operating; amending s. 320.08053, F.S.;
2091	removing a requirement that the department create certain
2092	specifications by rule for specialty license plates;
2093	amending s. 320.0894, F.S.; providing for issuance of Gold
2094	Star license plates to certain family members; amending s.
2095	320.131, F.S.; requiring motor vehicle temporary tags to
2096	be affixed on the exterior of the vehicle; revising the
2097	requirement that the department specify media for motor
2098	vehicle temporary tags; revising the requirement that the
2099	department implement a print-on-demand electronic system
2100	for temporary tag issuance; providing for limited use of a
2101	backup manual issuance method during an outage; providing
2102	for rulemaking and certain exemptions; amending s. 320.27,
2103	F.S.; revising the insurance requirements for persons
2104	applying for a motor vehicle dealer license; conforming a
2105	cross-reference; repealing s. 320.96, F.S., relating to a
2106	print-on-demand electronic temporary license plate system;
2107	amending s. 322.01, F.S.; defining the term "convenience
2108	service" for purposes of transactions with the department;
2109	revising the definition of the term "conviction" to
2110	provide for application to offenses committed by a person
2111	holding a commercial driver's license; revising the
2112	definition of the terms "hazardous materials" and "out-of-
2113	service order"; amending s. 322.051, F.S.; revising
2114	requirements for application for issuance or renewal of an
2115	identification card; revising provisions providing for the
2116	expiration of an identification card issued by the
2117	department; amending s. 322.08, F.S.; revising
2118	requirements for application for a driver's license;
2119	removing a provision requiring the application form to
2120	include language permitting a voluntary contribution for
2121	the Election Campaign Financing Trust Fund; amending s.
2122	322.14, F.S.; revising provisions for content of a
2123	driver's license; requiring the license to contain the
2124	licensee's residence address; removing a requirement that
2125	the license contain the licensee's mailing address;
2126	amending s. 322.15, F.S.; authorizing a law enforcement
2127	officer or authorized representative of the department to
2128	collect a person's fingerprints electronically; amending
2129	s. 322.17, F.S.; revising provisions for replacement of an
2130	instruction permit or driver license; removing fee
2131	amounts; requiring payment of specified fee amounts;
2132	removing a provision for a change of address sticker;
2133	conforming cross-references; amending s. 322.18, F.S.;
2134	revising provisions providing for the expiration and
2135	renewal of driver's licenses; providing for the renewal of
2136	certain licenses every 8 years; conforming cross-
2137	references; providing for the renewal of licenses using a
2138	convenience service; requiring the department to issue new
2139	licenses rather than extension stickers; repealing s.
2140	322.181(4), F.S., relating to the Florida At-Risk Driver
2141	Council; amending s. 322.19, F.S.; revising provisions for
2142	a licensee changing address; removing a provision for the
2143	licensee to request a change-of-address sticker;
2144	conforming cross-references; amending s. 322.21, F.S.;
2145	revising fees for issuance of original, renewal, and
2146	replacement driver's licenses and identification cards;
2147	revising fees for specified endorsements; providing for
2148	distribution of revised fees; amending s. 322.2715, F.S.;
2149	providing that the required installation period of an
2150	ignition interlock device for certain DUI offenses be
2151	continuous; amending s. 322.291, F.S.; providing
2152	additional requirements for a third or subsequent
2153	violation of requirements for installation of an ignition
2154	interlock device; requiring treatment and extension of the
2155	duration of the ignition interlock requirement; amending
2156	s. 322.36, F.S.; requiring the suspension for a specified
2157	period of the driver's license of a person who loans a
2158	vehicle to a person whose driver's license is suspended if
2159	that vehicle is involved in an accident resulting in
2160	bodily injury or death; repealing s. 322.60, F.S.,
2161	relating to the prohibition on commercial motor vehicle
2162	drivers possessing more than one license; amending s.
2163	322.61, F.S.; clarifying provisions disqualifying a person
2164	from operating a commercial motor vehicle following
2165	certain traffic violations; providing for permanent
2166	disqualification following conviction of a felony
2167	involving the manufacture, distribution, or dispensing of
2168	a controlled substance; amending s. 322.64, F.S.;
2169	providing that a person's privilege to drive a commercial
2170	motor vehicle is disqualified if the person was driving or
2171	in actual physical control of a commercial motor vehicle,
2172	or any motor vehicle if the person holds a commercial
2173	driver's license, with an unlawful blood-alcohol level or
2174	breath-alcohol level or refuses to submit to a breath,
2175	urine, or blood test; providing for the period of
2176	disqualification; providing procedures; providing for
2177	issuance of a notice of disqualification; revising the
2178	requirements for a formal review hearing following a
2179	person's disqualification from operating a commercial
2180	motor vehicle; amending s. 324.021, F.S.; clarifying that
2181	a judgment becomes final by expiration of the time for
2182	appeal; amending s. 501.976, F.S.; conforming a cross-
2183	reference; creating the Automobile Lenders Industry Task
2184	Force within the Department of Highway Safety and Motor
2185	Vehicles; providing duties of the task force; providing
2186	for membership and the election of officers; providing for
2187	meetings; providing for reimbursement for travel and per
2188	diem expenses for public-sector members; requiring the
2189	department to provide administrative support and
2190	assistance to the task force; prohibiting the Department
2191	of Highway Safety and Motor Vehicles from issuing any new
2192	specialty license plates for a specified period;
2193	designating the Joseph P. Bertrand Building in Lee County;
2194	amending ss. 316.605 and 320.0821, F.S.; providing for a
2195	wrecker owner to display the registration license plate on
2196	the front of the wrecker; providing effective dates.

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