Florida Senate - 2008 SB 1992

By Senator Baker

20-02737C-08 20081992__

A bill to be entitled

An act relating to the Department of Highway Safety and

Motor Vehicles; amending s. 316.0741, F.S.; redefining the

term "hybrid vehicle"; authorizing the driving of a

hybrid, low-emission, or energy-efficient vehicle in a

high-occupancy-vehicle lane regardless of occupancy;

authorizing the department to limit or discontinue such

driving under certain circumstances; exempting such

vehicles from the payment of certain tolls; amending s.

316.1001, F.S.; authorizing the clerk of court to supply

information to the department concerning persons having

outstanding violations for failure to pay tolls;

authorizing the department to withhold issuing a license

plate or revalidation sticker for any motor vehicle owned

by such a person; amending s. 316.1575, F.S.; requiring a

person walking or driving a vehicle to stop at a railroad

crossing upon the signal of a law enforcement officer;

amending s. 316.159, F.S.; requiring the driver of a

commercial motor vehicle to slow when approaching a

railroad crossing; providing that a violation of such

requirement is a noncriminal moving violation; amending s.

316.1895, F.S.; requiring the placement of signs in

certain school zones stating that speeding fines are

doubled within the zone; amending s. 316.193, F.S.;

lowering the blood-alcohol or breath-alcohol level for

which enhanced penalties are imposed against a person who

was accompanied in the vehicle by a minor at the time of

the offense; amending s. 316.1937, F.S.; revising the

conditions under which the court may require the use of an

ignition interlock device; amending s. 316.29545, F.S.;

exempting certain investigative vehicles from the

prohibition against installing window sunscreening on a

vehicle; amending s. 316.302, F.S.; revising the

application of certain federal rules; providing for the

department to perform certain duties assigned under

federal rules; updating a reference to federal provisions

governing out-of-service requirements for commercial

vehicles; creating s. 316.3028, F.S.; requiring that

commercial motor vehicles be operated from sunrise to

sunset with the headlights turned on; specifying

circumstances under which a violation of such requirement

may be considered negligence; providing that a violation

of such requirement is a noncriminal moving violation;

amending s. 316.3045, F.S.; providing enhanced penalties,

including forfeiture of the vehicle, upon multiple

convictions for violating prohibitions against the use of

excessively loud soundmaking equipment in a motor vehicle;

amending ss. 316.613 and 316.614, F.S.; redefining the

term "motor vehicle" to exclude certain trucks from the

requirement to use a child restraint or safety belt;

amending s. 316.645, F.S.; authorizing a police officer to

make an arrest upon probable cause of a violation of laws

governing motor vehicle licenses; amending s. 316.650,

F.S.; revising requirements for traffic citation forms;

providing for the electronic transmission of citation

data; amending s. 316.656, F.S.; lowering the percentage

of blood or breath alcohol content relating to the

prohibition against pleading guilty to a lesser offense of

driving under the influence than the offense charged;

amending s. 319.001, F.S.; defining the term "certificate

of title" to include information stored electronically in

the department's database; amending s. 320.0706, F.S.;

providing that a violation of requirements for displaying

a truck license plate is a moving violation; amending s.

320.0715, F.S.; requiring the department to withhold

issuing or to suspend a registration and license plate for

a commercial motor vehicle if the federal identifying

number is not provided or if the motor carrier or vehicle

owner has been prohibited from operating; amending s.

320.01, F.S.; redefining the term "motorcycle" to exclude

a vehicle where the operator is enclosed by a cabin;

amending s. 320.02, F.S., as amended; deleting the

requirement for a motorcycle endorsement at the time of

original registration of a motorcycle, motor-driven cycle,

or moped; repealing s. 320.08053(3), F.S., relating to

provisions requiring that the department adopt rules

providing certain specifications for the design of

specialty license plates; amending s. 322.01, F.S.;

defining the term "convenience service"; redefining the

terms "conviction," "hazardous materials," and "out-of-

service order"; amending s. 322.0255, F.S.; revising

eligibility for reimbursement for organizations that

conduct motorcycle safety courses; amending s. 322.03,

F.S.; deleting provisions exempting certain persons from

the requirement to surrender a license issued by another

jurisdiction; providing certain exceptions for part-time

residents; amending ss. 322.051 and 322.08, F.S.;

requiring that an applicant for an identification card or

driver's license provide additional information;

authorizing use of additional documents to prove identity;

revising the fee requirements; revising provisions

providing for the expiration of an identification card

issued by the department; amending s. 322.14, F.S.;

requiring that an applicant for a driver's license provide

a residence address; amending s. 322.15, F.S.; authorizing

a law enforcement officer or authorized representative of

the department to collect a person's fingerprints

electronically; amending s. 322.17, F.S.; revising the

requirements for obtaining a replacement license or

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permit; deleting provisions authorizing the department to

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issue address stickers; amending s. 322.18, F.S.; revising

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provisions providing for the expiration of driver's

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licenses; providing for the renewal of certain licenses

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every 8 years and for the renewal of licenses for persons

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older than a specified age every 6 years; providing for

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the renewal of licenses using a convenience service;

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requiring the department to issue new licenses rather than

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extension stickers; conforming cross-references; amending

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s. 322.19, F.S.; deleting provisions authorizing the use

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of a change-of-address sticker on a driver's license;

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conforming cross-references; amending s. 322.21, F.S.;

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increasing the fees charged for obtaining a new or renewal

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driver's license or identification card; specifying that a

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portion of the fees be deposited for use by the

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department; amending s. 322.2715, F.S.; clarifying that an

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ignition interlock device is installed for a continuous

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period; amending s. 322.291, F.S.; imposing additional

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sanctions against a person who violates requirements with

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respect to an ignition interlock device; repealing s.

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322.60, F.S., relating to a prohibition against possessing

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more than one driver's license under certain

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circumstances; amending s. 322.61, F.S.; clarifying

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provisions disqualifying a person from operating a

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commercial motor vehicle following certain traffic

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violations; providing for permanent disqualification

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following conviction of a felony involving the

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manufacture, distribution, or dispensing of a controlled

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substance; amending s. 322.64, F.S.; providing that

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refusal to submit to a breath, urine, or blood test

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disqualifies a person from operating a commercial motor

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vehicle; providing a period of disqualification if a

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person has an unlawful blood-alcohol or breath-alcohol

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level; providing for issuance of a notice of

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disqualification; revising the requirements for a formal

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review hearing following a person's disqualification from

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operating a commercial motor vehicle; amending s. 324.021,

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F.S.; clarifying that a judgment becomes final by

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expiration of the time for appeal; providing effective

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dates.

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Be It Enacted by the Legislature of the State of Florida:

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Section 1. Section 316.0741, Florida Statutes, is amended

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to read:

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316.0741 High-occupancy-vehicle High occupancy vehicle

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lanes.--

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(1) As used in this section, the term:

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(a) "High-occupancy-vehicle "High occupancy vehicle lane"

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or "HOV lane" means a lane of a public roadway designated for use

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by vehicles in which there is more than one occupant unless

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otherwise authorized by federal law.

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(b) "Hybrid vehicle" means a motor vehicle that:

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1. Draws propulsion energy from onboard sources of stored

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energy which are both an internal combustion or heat engine using

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combustible fuel and a rechargeable energy-storage system; and

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2. In the case of a passenger automobile or light truck,

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has received a certificate of conformity under the Clean Air Act,

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42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent

159

qualifying California standards for a low-emission vehicle.

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(2) The number of persons that must be in a vehicle to

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qualify for legal use of the HOV lane and the hours during which

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the lane will serve as an HOV lane, if it is not designated as

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such on a full-time basis, must also be indicated on a traffic

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control device.

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(3) Except as provided in subsection (4), a vehicle may not

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be driven in an HOV lane if the vehicle is occupied by fewer than

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the number of occupants indicated by a traffic control device. A

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driver who violates this section shall be cited for a moving

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violation, punishable as provided in chapter 318.

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(4)(a) Notwithstanding any other provision of this section,

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an inherently low-emission vehicle (ILEV) that is certified and

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labeled in accordance with federal regulations may be driven in

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an HOV lane at any time, regardless of its occupancy. In

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addition, upon the state's receipt of written notice from the

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proper federal regulatory agency authorizing such use, a vehicle

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defined as a hybrid vehicle under this section may be driven in

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an HOV lane at any time, regardless of its occupancy.

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(b) All eligible hybrid and all other eligible low-emission

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and energy-efficient vehicles driven in an HOV lane must comply

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with the minimum fuel economy standards in 23 U.S.C. s.

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166(f)(3)(B).

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energy-efficient vehicles for operation in an HOV lane regardless

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of occupancy shall be determined in accordance with the

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applicable final rule issued by the United State Environmental

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Protection Agency pursuant to 23 U.S.C. s. 166(e) and shall take

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effect on the effective date of the rule.

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(5) The department shall issue a decal and registration

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certificate, to be renewed annually, reflecting the HOV lane

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designation on such vehicles meeting the criteria in subsection

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(4) and authorizing driving in an HOV lane at any time such use.

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The department may charge a fee for a decal, not to exceed the

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costs of designing, producing, and distributing each decal, or

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$5, whichever is less. The proceeds from sale of the decals shall

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be deposited in the Highway Safety Operating Trust Fund. The

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department may, for reasons of operation and management of HOV

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facilities, limit or discontinue issuance of decals for the use

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of HOV facilities by hybrid, low-emission, and energy-efficient

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vehicles regardless of occupancy if it has been determined by the

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Department of Transportation that the facilities are degraded as

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defined by 23 U.S.C. s. 166(d)(2).

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(6) Vehicles that have decals by virtue of compliance with

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the minimum fuel-economy standards under 23 U.S.C. s.

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166(f)(3)(B), and that are registered for use in high-occupancy

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toll lanes or express lanes in accordance with Department of

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Transportation rule, shall be allowed to use any HOV lanes

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redesignated as high-occupancy toll lanes or express lanes

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without payment of a toll.

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(5) As used in this section, the term "hybrid vehicle"

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means a motor vehicle:

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(a) That draws propulsion energy from onboard sources of

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stored energy which are both:

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1. An internal combustion or heat engine using combustible

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fuel; and

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2. A rechargeable energy storage system; and

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(b) That, in the case of a passenger automobile or light

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truck:

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1. Has received a certificate of conformity under the Clean

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Air Act, 42 U.S.C. ss. 7401 et seq.; and

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2. Meets or exceeds the equivalent qualifying California

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standards for a low-emission vehicle.

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(7)(6) The Department of Transportation is authorized to

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may adopt rules necessary to implement and administer this

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section.

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Section 2. Subsection (4) of section 316.1001, Florida

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Statutes, is amended to read:

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316.1001 Payment of toll on toll facilities required;

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penalties.--

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(4) Any governmental entity, including without limitation a

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clerk of court, may supply the department with data that is

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machine readable by the department's computer system, listing

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persons who have one or more outstanding violations of this

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section, with reference to the person's driver's license number

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or license plate number in the case of a business entity.

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Pursuant to s. 320.03(8), those persons may not be issued a

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license plate or revalidation sticker for any motor vehicle. Upon

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receipt of such lists of persons, in accordance with the

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provisions of s. 320.03(8), the department or its authorized

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agents may not issue a license plate or revalidation sticker for

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any motor vehicle owned by a person having any outstanding

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violations of this section until such person's name no longer

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appears on the department's list of persons having outstanding

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violations of this section or until such person presents a

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receipt from the clerk showing that all applicable amounts owed

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on outstanding violations have been paid.

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Section 3. Subsection (1) of section 316.1575, Florida

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Statutes, is amended to read:

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316.1575 Obedience to traffic control devices at railroad-

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highway grade crossings.--

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(1) Any person walking or driving a vehicle and approaching

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a railroad-highway grade crossing under any of the circumstances

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stated in this section shall stop within 50 feet but not less

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than 15 feet from the nearest rail of such railroad and shall not

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proceed until he or she can do so safely. The foregoing

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requirements apply when:

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(a) A clearly visible electric or mechanical signal device

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gives warning of the immediate approach of a railroad train;

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(b) A crossing gate is lowered or a law enforcement officer

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or a human flagger gives or continues to give a signal of the

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approach or passage of a railroad train;

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or the railroad train, by reason of its speed or nearness to the

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crossing, is an immediate hazard; or

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(d) An approaching railroad train is plainly visible and is

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in hazardous proximity to the railroad-highway grade crossing,

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regardless of the type of traffic control devices installed at

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the crossing.

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Section 4. Section 316.159, Florida Statutes, is amended to

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read:

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316.159 Certain vehicles to stop or slow at all railroad

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grade crossings.--

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(1) The driver of any motor vehicle carrying passengers for

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hire, excluding taxicabs, of any school bus carrying any school

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child, or of any vehicle carrying explosive substances or

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flammable liquids as a cargo or part of a cargo, before crossing

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at grade any track or tracks of a railroad, shall stop such

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vehicle within 50 feet but not less than 15 feet from the nearest

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rail of the railroad and, while so stopped, shall listen and look

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in both directions along the track for any approaching train, and

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for signals indicating the approach of a train, except as

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hereinafter provided, and shall not proceed until he or she can

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do so safely. After stopping as required herein and upon

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proceeding when it is safe to do so, the driver of any such

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vehicle shall cross only in a gear of the vehicle so that there

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will be no necessity for changing gears while traversing the

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crossing, and the driver shall not shift gears while crossing the

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track or tracks.

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(2) No stop need be made at any such crossing where a

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police officer, a traffic control signal, or a sign directs

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traffic to proceed. However, any school bus carrying any school

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child shall be required to stop unless directed to proceed by a

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police officer.

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(3) The driver of a commercial motor vehicle that is not

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required to stop under subsection (1) or subsection (2) shall,

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before crossing at grade any track or tracks of a railroad, slow

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down and check that the tracks are clear of an approaching train.

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(4)(3) A violation of this section is a noncriminal traffic

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infraction, punishable as a moving violation as provided in

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chapter 318.

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Section 5. Effective July 1, 2006, subsection (6) of

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section 316.1895, Florida Statutes, is amended to read:

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316.1895 Establishment of school speed zones, enforcement;

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designation.--

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(6) Permanent signs designating school zones and school

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zone speed limits shall be uniform in size and color, and shall

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have the times during which the restrictive speed limit is

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enforced clearly designated thereon. Flashing beacons activated

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by a time clock, or other automatic device, or manually activated

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may be used as an alternative to posting the times during which

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the restrictive school speed limit is enforced. Beginning July 1,

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2008, for any newly established school zone or any school zone in

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which the signing has been replaced, a sign stating "Speeding

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Fines Doubled" shall be installed within the school zone. The

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Department of Transportation shall establish adequate standards

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for the signs and flashing beacons.

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Section 6. Subsection (4) of section 316.193, Florida

317

Statutes, is amended to read:

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316.193 Driving under the influence; penalties.--

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(4) Any person who is convicted of a violation of

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subsection (1) and who has a blood-alcohol level or breath-

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alcohol level of 0.15 0.20 or higher, or any person who is

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convicted of a violation of subsection (1) and who at the time of

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the offense was accompanied in the vehicle by a person under the

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age of 18 years, shall be punished:

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(a) By a fine of:

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1. Not less than $500 or more than $1,000 for a first

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conviction.

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2. Not less than $1,000 or more than $2,000 for a second

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conviction.

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3. Not less than $2,000 for a third or subsequent

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conviction.

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(b) By imprisonment for:

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1. Not more than 9 months for a first conviction.

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2. Not more than 12 months for a second conviction.

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For the purposes of this subsection, only the instant offense is

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required to be a violation of subsection (1) by a person who has

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a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

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higher.

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the court shall order the mandatory placement, at the convicted

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person's sole expense, of an ignition interlock device approved

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by the department in accordance with s. 316.1938 upon all

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vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person for up to 6 months for

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the first offense and for at least 2 years for a second offense,

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when the convicted person qualifies for a permanent or restricted

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license. The installation of such device may not occur before

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July 1, 2003.

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Section 7. Subsection (1) of section 316.1937, Florida

351

Statutes, is amended to read:

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316.1937 Ignition interlock devices, requiring; unlawful

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acts.--

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(1) In addition to any other authorized penalties, the

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court may require that any person who is convicted of driving

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under the influence in violation of s. 316.193 shall not operate

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a motor vehicle unless that vehicle is equipped with a

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functioning ignition interlock device certified by the department

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as provided in s. 316.1938, and installed in such a manner that

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the vehicle will not start if the operator's blood alcohol level

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is in excess of 0.025 0.05 percent or as otherwise specified by

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the court. The court may require the use of an approved ignition

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interlock device for a period of not less than 6 continuous

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months, if the person is permitted to operate a motor vehicle,

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whether or not the privilege to operate a motor vehicle is

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restricted, as determined by the court. The court, however, shall

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order placement of an ignition interlock device in those

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circumstances required by s. 316.193.

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Section 8. Section 316.29545, Florida Statutes, is amended

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to read:

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316.29545 Window sunscreening exclusions; medical

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exemption; certain law enforcement vehicles exempt; certain

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investigative vehicles exempt.--

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(1) The department shall issue medical exemption

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certificates to persons who are afflicted with Lupus or similar

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medical conditions which require a limited exposure to light,

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which certificates shall entitle the person to whom the

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certificate is issued to have sunscreening material on the

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windshield, side windows, and windows behind the driver which is

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in violation of the requirements of ss. 316.2951-316.2957. The

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department shall provide, by rule, for the form of the medical

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certificate authorized by this section. At a minimum, the medical

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exemption certificate shall include a vehicle description with

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the make, model, year, vehicle identification number, medical

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exemption decal number issued for the vehicle, and the name of

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the person or persons who are the registered owners of the

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vehicle. A medical exemption certificate shall be nontransferable

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and shall become null and void upon the sale or transfer of the

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vehicle identified on the certificate.

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(2)(a) The department shall exempt all law enforcement

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vehicles used in undercover or canine operations from the window

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sunscreening requirements of ss. 316.2951-316.2957.

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(b) The department shall exempt from the sunscreening

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requirements of ss. 316.2953, 316.2954, and 316.2956 all vehicles

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owned or leased by investigative agencies licensed pursuant to

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chapter 493 and used in homeland security functions on behalf of

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federal, state, or local authorities; executive protection

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activities; undercover, convert, or surveillance operations in

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cases involving child abductions, convicted sex offenders,

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insurance fraud, or missing persons or property; or other

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activities in which evidence is being obtained for civil or

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criminal proceedings.

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(3) The department may charge a fee in an amount sufficient

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to defray the expenses of issuing a medical exemption certificate

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as described in subsection (1).

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Section 9. Subsections (1), (6), and (8) of section

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316.302, Florida Statutes, are amended to read:

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316.302 Commercial motor vehicles; safety regulations;

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transporters and shippers of hazardous materials; enforcement.--

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(1)(a) All owners and drivers of commercial motor vehicles

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that are operated on the public highways of this state while

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engaged in interstate commerce are subject to the rules and

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regulations contained in 49 C.F.R. parts 382, 385, and 390-397.

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(b) Except as otherwise provided in this section, all

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owners or drivers of commercial motor vehicles that are engaged

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in intrastate commerce are subject to the rules and regulations

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contained in 49 C.F.R. parts 382, 385, and 390-397, with the

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exception of 49 C.F.R. s. 390.5 as it relates to the definition

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of bus, as such rules and regulations existed on October 1, 2008

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2005.

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provided in s. 316.228 for rear overhang lighting and flagging

423

requirements for intrastate operations, the requirements of this

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section supersede all other safety requirements of this chapter

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for commercial motor vehicles.

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(6) The state Department of Transportation shall perform

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the duties that are assigned to the field administrator of the

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Federal Motor Carrier Safety Administration Regional Federal

429

Highway Administrator under the federal rules, and an agent of

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that department, as described in s. 316.545(9), may enforce those

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rules.

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(8) For the purpose of enforcing this section, any law

433

enforcement officer of the Department of Transportation or duly

434

appointed agent who holds a current safety inspector

435

certification from the Commercial Vehicle Safety Alliance may

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require the driver of any commercial vehicle operated on the

437

highways of this state to stop and submit to an inspection of the

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vehicle or the driver's records. If the vehicle or driver is

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found to be operating in an unsafe condition, or if any required

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part or equipment is not present or is not in proper repair or

441

adjustment, and the continued operation would present an unduly

442

hazardous operating condition, the officer may require the

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vehicle or the driver to be removed from service pursuant to the

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North American Standard Uniform Out-of-Service Criteria, until

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corrected. However, if continuous operation would not present an

446

unduly hazardous operating condition, the officer may give

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written notice requiring correction of the condition within 14

448

days.

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(a) Any member of the Florida Highway Patrol or any law

450

enforcement officer employed by a sheriff's office or municipal

451

police department authorized to enforce the traffic laws of this

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state pursuant to s. 316.640 who has reason to believe that a

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vehicle or driver is operating in an unsafe condition may, as

454

provided in subsection (10), enforce the provisions of this

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section.

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(b) Any person who fails to comply with an officer's

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request to submit to an inspection under this subsection commits

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a violation of s. 843.02 if the person resists the officer

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without violence or a violation of s. 843.01 if the person

460

resists the officer with violence.

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Section 10. Section 316.3028, Florida Statutes, is created

462

to read:

463

316.3028 Commercial motor vehicle headlights to be turned

464

on.--

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(1) Any person who operates a commercial motor vehicle on

466

the public streets or highways shall, while so engaged, have the

467

headlights of such vehicle turned on. Failure to comply with this

468

subsection during the hours from sunrise to sunset, unless

469

compliance is otherwise required by law, is not admissible as

470

evidence of negligence in a civil action.

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(2) Failure to comply with subsection (1) may not be deemed

472

negligence per se in any civil action, but the violation of

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subsection (1) may be considered on the issue of negligence if

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the violation of subsection (1) is a proximate cause of a crash.

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(3) A violation of subsection (1) is a noncriminal traffic

476

infraction, punishable as a moving violation as provided in

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chapter 318.

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Section 11. Section 316.3045, Florida Statutes, is amended

479

to read:

480

316.3045 Operation of radios or other mechanical

481

soundmaking devices or instruments in vehicles; exemptions.--

482

(1) It is unlawful for any person operating or occupying a

483

motor vehicle on a street or highway to operate or amplify the

484

sound produced by a radio, tape player, or other mechanical

485

soundmaking device or instrument from within the motor vehicle so

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that the sound is:

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(a) Plainly audible at a distance of 25 feet or more from

488

the motor vehicle; or

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(b) Louder than necessary for the convenient hearing by

490

persons inside the vehicle in areas adjoining churches, schools,

491

or hospitals.

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(2) The provisions of this section do shall not apply to

493

any law enforcement motor vehicle equipped with any communication

494

device necessary in the performance of law enforcement duties or

495

to any emergency vehicle equipped with any communication device

496

necessary in the performance of any emergency procedures.

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(3) The provisions of this section do not apply to motor

498

vehicles used for business or political purposes, which in the

499

normal course of conducting such business use soundmaking

500

devices. The provisions of this subsection shall not be deemed to

501

prevent local authorities, with respect to streets and highways

502

under their jurisdiction and within the reasonable exercise of

503

the police power, from regulating the time and manner in which

504

such business may be operated.

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(4) The provisions of this section do not apply to the

506

noise made by a horn or other warning device required or

507

permitted by s. 316.271. The Department of Highway Safety and

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Motor Vehicles shall adopt promulgate rules defining "plainly

509

audible" and establish standards regarding how sound should be

510

measured by law enforcement personnel who enforce the provisions

511

of this section.

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(5) A violation of this section is a noncriminal traffic

513

infraction, punishable as a nonmoving violation as provided in

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chapter 318.

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(6) In addition to any fine administered under subsection

516

(5), a person convicted of a violation of this section shall also

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pay:

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(a) Upon the 10th or subsequent conviction, a fine of not

519

less than $250 but not more than $500.

520

(b) Upon the 20th or subsequent conviction, the motor

521

vehicle shall constitute contraband and is subject to forfeiture

522

by a seizing law enforcement agency pursuant to applicable

523

provisions of ss. 932.701-932.704.

524

Section 12. Subsection (2) of section 316.613, Florida

525

Statutes, is amended to read:

526

316.613 Child restraint requirements.--

527

(2) As used in this section, the term "motor vehicle" means

528

a motor vehicle as defined in s. 316.003 which that is operated

529

on the roadways, streets, and highways of the state. The term

530

does not include:

531

(a) A school bus as defined in s. 316.003(45).

532

(b) A bus used for the transportation of persons for

533

compensation, other than a bus regularly used to transport

534

children to or from school, as defined in s. 316.615(1)(b), or in

535

conjunction with school activities.

536

537

(d) A truck having a gross vehicle weight rating of more

538

than 26,000 of net weight of more than 5,000 pounds.

539

(e) A motorcycle, moped, or bicycle.

540

Section 13. Paragraph (a) of subsection (3) of section

541

316.614, Florida Statutes, is amended to read:

542

316.614 Safety belt usage.--

543

(3) As used in this section:

544

(a) "Motor vehicle" means a motor vehicle as defined in s.

545

316.003 which that is operated on the roadways, streets, and

546

highways of this state. The term does not include:

547

1. A school bus.

548

2. A bus used for the transportation of persons for

549

compensation.

550

3. A farm tractor or implement of husbandry.

551

4. A truck having a gross vehicle weight rating of more

552

than 26,000 of a net weight of more than 5,000 pounds.

553

5. A motorcycle, moped, or bicycle.

554

Section 14. Section 316.645, Florida Statutes, is amended

555

to read:

556

316.645 Arrest authority of officer at scene of a traffic

557

crash.--A police officer who makes an investigation at the scene

558

of a traffic crash may arrest any driver of a vehicle involved in

559

the crash when, based upon personal investigation, the officer

560

has reasonable and probable grounds to believe that the person

561

has committed any offense under the provisions of this chapter,

562

chapter 320, or chapter 322 in connection with the crash.

563

Section 15. Subsections (1), (3), (4), (5), (6), and (7) of

564

section 316.650, Florida Statutes, are amended to read:

565

316.650 Traffic citations.--

566

(1)(a) The department shall prepare, and supply to every

567

traffic enforcement agency in this state, an appropriate form

568

traffic citation that contains containing a notice to appear, is

569

(which shall be issued in prenumbered books, meets with citations

570

in quintuplicate) and meeting the requirements of this chapter or

571

any laws of this state regulating traffic, and is which form

572

shall be consistent with the state traffic court rules and the

573

procedures established by the department. The form shall include

574

a box that which is to be checked by the law enforcement officer

575

when the officer believes that the traffic violation or crash was

576

due to aggressive careless driving as defined in s. 316.1923. The

577

form shall also include a box that which is to be checked by the

578

law enforcement officer when the officer writes a uniform traffic

579

citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

580

as a result of the driver failing to stop at a traffic signal.

581

(b) The department shall prepare, and supply to every

582

traffic enforcement agency in the state, an appropriate

583

affidavit-of-compliance form that which shall be issued along

584

with the form traffic citation for any violation of s. 316.610

585

and that indicates which shall indicate the specific defect

586

needing which needs to be corrected. However, such affidavit of

587

compliance shall not be issued in the case of a violation of s.

588

316.610 by a commercial motor vehicle as defined in s.

589

316.003(66). Such affidavit-of-compliance form shall be

590

distributed in the same manner and to the same parties as is the

591

form traffic citation.

592

593

enforcement agency may produce uniform traffic citations by

594

electronic means. Such citations must be consistent with the

595

state traffic court rules and the procedures established by the

596

department and; must be appropriately numbered and inventoried;

597

and may have fewer copies than the quintuplicate form. Affidavit-

598

of-compliance forms may also be produced by electronic means.

599

(d) The department must distribute to every traffic

600

enforcement agency and to any others who request it, a traffic

601

infraction reference guide describing the class of the traffic

602

infraction, the penalty for the infraction, the points to be

603

assessed on a driver's record license, and any other information

604

necessary to describe a violation and the penalties therefor.

605

(3)(a) Except for a traffic citation issued pursuant to s.

606

316.1001, each traffic enforcement officer, upon issuing a

607

traffic citation to an alleged violator of any provision of the

608

motor vehicle laws of this state or of any traffic ordinance of

609

any municipality city or town, shall deposit the original and one

610

copy of such traffic citation or, in the case of a traffic

611

enforcement agency that which has an automated citation issuance

612

system, the chief administrative officer shall provide by an

613

electronic transmission a replica of the citation data to

614

facsimile with a court having jurisdiction over the alleged

615

offense or with its traffic violations bureau within 5 days after

616

issuance to the violator.

617

(b) If a traffic citation is issued pursuant to s.

618

316.1001, a traffic enforcement officer may deposit the original

619

and one copy of such traffic citation or, in the case of a

620

traffic enforcement agency that has an automated citation system,

621

may provide by an electronic transmission a replica of the

622

citation data to facsimile with a court having jurisdiction over

623

the alleged offense or with its traffic violations bureau within

624

45 days after the date of issuance of the citation to the

625

violator. If the person cited for the violation of s. 316.1001

626

makes the election provided by s. 318.14(12) and pays the $25

627

fine, or such other amount as imposed by the governmental entity

628

owning the applicable toll facility, plus the amount of the

629

unpaid toll that is shown on the traffic citation directly to the

630

governmental entity that issued the citation, or on whose behalf

631

the citation was issued, in accordance with s. 318.14(12), the

632

traffic citation will not be submitted to the court, the

633

disposition will be reported to the department by the

634

governmental entity that issued the citation, or on whose behalf

635

the citation was issued, and no points will be assessed against

636

the person's driver's license.

637

(4) The chief administrative officer of every traffic

638

enforcement agency shall require the return to him or her of the

639

officer-agency department record copy of every traffic citation

640

issued by an officer under the chief administrative officer's

641

supervision to an alleged violator of any traffic law or

642

ordinance and of all copies of every traffic citation that which

643

has been spoiled or upon which any entry has been made and not

644

issued to an alleged violator. In the case of a traffic

645

enforcement agency that which has an automated citation issuance

646

system, the chief administrative officer shall require the return

647

of all electronic traffic citation records.

648

(5) Upon the deposit of the original and one copy of such

649

traffic citation or upon deposit of an electronic transmission of

650

a replica of citation data facsimile of the traffic citation with

651

respect to traffic enforcement agencies that which have an

652

automated citation issuance system with a court having

653

jurisdiction over the alleged offense or with its traffic

654

violations bureau as aforesaid, the original citation, the

655

electronic citation containing a replica of citation data

656

facsimile, or a copy of such traffic citation may be disposed of

657

only by trial in the court or other official action by a judge of

658

the court, including forfeiture of the bail, or by the deposit of

659

sufficient bail with, or payment of a fine to, the traffic

660

violations bureau by the person to whom such traffic citation has

661

been issued by the traffic enforcement officer.

662

(6) The chief administrative officer shall transmit, on a

663

form approved by the department, the department record copy of

664

the uniform traffic citation to the department within 5 days

665

after submission of the original, groups of issued citations and

666

one copy to the court, or citation and transmittal data to the

667

court. Batches of electronic citations containing a replica of

668

citation data may be transmitted to the court department in an

669

electronic automated fashion, in a format form prescribed by the

670

department within 5 days after issuance to the violator. A copy

671

of such transmittal shall also be provided to the court having

672

jurisdiction for accountability purposes.

673

(7) The chief administrative officer shall also maintain or

674

cause to be maintained in connection with every traffic citation

675

issued by an officer under his or her supervision a record of the

676

disposition of the charge by the court or its traffic violations

677

bureau in which the original or copy of the traffic citation or

678

electronic citation was deposited.

679

Section 16. Paragraph (a) of subsection (2) of section

680

316.656, Florida Statutes, is amended to read:

681

316.656 Mandatory adjudication; prohibition against

682

accepting plea to lesser included offense.--

683

(2)(a) No trial judge may accept a plea of guilty to a

684

lesser offense from a person charged under the provisions of this

685

act who has been given a breath or blood test to determine blood

686

or breath alcohol content, the results of which show a blood or

687

breath alcohol content by weight of 0.15 0.20 percent or more.

688

Section 17. Subsection (12) is added to section 319.001,

689

Florida Statutes, to read:

690

319.001 Definitions.--As used in this chapter, the term:

691

(12) "Certificate of title" means the record that is

692

evidence of ownership of a vehicle, whether a paper certificate

693

authorized by the department or a certificate consisting of

694

information that is stored in an electronic form in the

695

department's database.

696

Section 18. Section 320.0706, Florida Statutes, is amended

697

to read:

698

320.0706 Display of license plates on trucks.--The owner of

699

any commercial truck of gross vehicle weight of 26,001 pounds or

700

more shall display the registration license plate on both the

701

front and rear of the truck in conformance with all the

702

requirements of s. 316.605 that do not conflict with this

703

section. The owner of a dump truck may place the rear license

704

plate on the gate no higher than 60 inches to allow for better

705

visibility. However, the owner of a truck tractor shall be

706

required to display the registration license plate only on the

707

front of such vehicle. A violation of this section is a moving

708

violation punishable as provided in chapter 318.

709

Section 19. Subsection (4) of section 320.0715, Florida

710

Statutes, is amended to read:

711

320.0715 International Registration Plan; motor carrier

712

services; permits; retention of records.--

713

(4) Each motor carrier registered under the International

714

Registration Plan shall maintain and keep, for a period of 4

715

years, pertinent records and papers as may be required by the

716

department for the reasonable administration of this chapter.

717

(a) The department shall withhold the registration and

718

license plate for a commercial motor vehicle unless the

719

identifying number issued by the federal agency responsible for

720

motor carrier safety is provided for the motor carrier and the

721

entity responsible for motor carrier safety for each motor

722

vehicle as part of the application process.

723

(b) The department may not issue a commercial motor vehicle

724

registration or license plate to, and may not transfer the

725

commercial motor vehicle registration or license plate for, a

726

motor carrier or vehicle owner who has been prohibited from

727

operating by a federal or state agency responsible for motor

728

carrier safety.

729

730

commercial motor vehicle registration and license plate issued to

731

a motor carrier or vehicle owner who has been prohibited from

732

operating by a federal or state agency responsible for motor

733

carrier safety.

734

Section 20. Subsection (27) of section 320.01, Florida

735

Statutes, is amended to read:

736

320.01 Definitions, general.--As used in the Florida

737

Statutes, except as otherwise provided, the term:

738

(27) "Motorcycle" means any motor vehicle having a seat or

739

saddle for the use of the rider and designed to travel on not

740

more than three wheels in contact with the ground, but excluding

741

a tractor, or a moped, or a vehicle where the operator is

742

enclosed by a cabin.

743

Section 21. Effective July 1, 2008, subsection (1) of

744

section 320.02, Florida Statutes, as amended by section 28 of

745

chapter 2006-290, Laws of Florida, is amended to read:

746

(1) Except as otherwise provided in this chapter, every

747

owner or person in charge of a motor vehicle that is operated or

748

driven on the roads of this state shall register the vehicle in

749

this state. The owner or person in charge shall apply to the

750

department or to its authorized agent for registration of each

751

such vehicle on a form prescribed by the department. Prior to the

752

original registration of a motorcycle, motor-driven cycle, or

753

moped, the owner, if a natural person, must present proof that he

754

or she has a valid motorcycle endorsement as required in chapter

755

322. A registration is not required for any motor vehicle that is

756

not operated on the roads of this state during the registration

757

period.

758

Section 22. Subsection (3) of section 320.08053, Florida

759

Statutes, is repealed.

760

Section 23. Present subsections (10) through (44) of

761

section 322.01, Florida Statutes, are redesignated as subsections

762

(11) through (45), respectively, a new subsection (10) is added

763

to that section, and present subsections (10), (23), and (29) of

764

that section are amended, to read:

765

322.01 Definitions.--As used in this chapter:

766

(10) "Convenience service" means any means whereby an

767

individual conducts a transaction with the department other than

768

in person.

769

(11)(10)(a) "Conviction" means a conviction of an offense

770

relating to the operation of motor vehicles on highways which is

771

a violation of this chapter or any other such law of this state

772

or any other state, including an admission or determination of a

773

noncriminal traffic infraction pursuant to s. 318.14, or a

774

judicial disposition of an offense committed under any federal

775

law substantially conforming to the aforesaid state statutory

776

provisions.

777

(b) Notwithstanding any other provisions of this chapter,

778

the definition of "conviction" provided in 49 C.F.R. part 383.5

779

applies to offenses committed in a commercial motor vehicle or by

780

a person holding a commercial driver license.

781

(24)(23) "Hazardous materials" means any material that has

782

been designated as hazardous under 49 U.S.C. 5103 and is required

783

to be placarded under subpart F of 49 C.F.R. part 172 or any

784

quantity of a material listed as a select agent or toxin in 42

785

C.F.R. part 73 has the meaning such term has under s. 103 of the

786

Hazardous Materials Transportation Act.

787

(30)(29) "Out-of-service order" means a prohibition issued

788

by an authorized local, state, or Federal Government official

789

which precludes a person from driving a commercial motor vehicle

790

for a period of 72 hours or less.

791

Section 24. Effective July 1, 2008, subsection (5) of

792

section 322.0255, Florida Statutes, is amended to read:

793

322.0255 Florida Motorcycle Safety Education Program.--

794

(5) The only organizations that are eligible for

795

reimbursement are organizations that executed a contract on or

796

after July 1, 2008. This reimbursement shall continue for 12

797

months following the execution of the organization's contract.

798

The department shall, subject to the availability of funds,

799

reimburse each organization that provides an approved motorcycle

800

safety education course for each student who begins the on-cycle

801

portion of the course. This shall include any student not

802

required to attend a motorcycle safety education course prior to

803

licensure as required in s. 322.12. The amount to be reimbursed

804

per student to each course provider shall be determined by the

805

department. In order to facilitate such determination, each

806

course provider shall be required to submit proof satisfactory to

807

the department of the expected cost per student to be incurred by

808

such course provider. In no event shall the amount to be

809

reimbursed per student to any course provider exceed the expected

810

cost per student. In addition to the amount of any reimbursement,

811

each course provider that conducts such a course may charge each

812

student a tuition fee sufficient to defray the cost of conducting

813

the course. The department shall fund the payments required under

814

this subsection from the motorcycle safety education fee, as

815

provided in ss. 320.08 and 322.025.

816

Section 25. Subsection (1) of section 322.03, Florida

817

Statutes, is amended to read:

818

322.03 Drivers must be licensed; penalties.--

819

(1) Except as otherwise authorized in this chapter, a

820

person may not drive any motor vehicle upon a highway in this

821

state unless such person has a valid driver's license under the

822

provisions of this chapter.

823

(a) A person who drives a commercial motor vehicle shall

824

not receive a driver's license unless and until he or she

825

surrenders to the department all driver's licenses in his or her

826

possession issued to him or her by any other jurisdiction or

827

makes an affidavit that he or she does not possess a driver's

828

license. Any such person who fails to surrender such licenses or

829

who makes a false affidavit concerning such licenses is guilty of

830

a misdemeanor of the first degree, punishable as provided in s.

831

775.082 or s. 775.083.

832

(b) A person who does not drive a commercial motor vehicle

833

is not required to surrender a license issued by another

834

jurisdiction, upon a showing to the department that such license

835

is necessary because of employment or part-time residence. Any

836

person who retains a driver's license because of employment or

837

part-time residence shall, upon qualifying for a license in this

838

state, be issued a driver's license which shall be valid within

839

this state only. All surrendered licenses may be returned by the

840

department to the issuing jurisdiction together with information

841

that the licensee is now licensed in a new jurisdiction or may be

842

destroyed by the department, which shall notify the issuing

843

jurisdiction of such destruction. A person may not have more than

844

one valid Florida driver's license at any time.

845

846

paragraph (b) may continue to hold such license until the next

847

regularly scheduled renewal. Licenses that are identified as

848

"Valid in Florida only" may not be issued or renewed effective

849

July 1, 2009. This paragraph expires June 30, 2017.

850

Section 26. Subsections (1) and (2) of section 322.051,

851

Florida Statutes, are amended to read:

852

322.051 Identification cards.--

853

(1) Any person who is 5 years of age or older, or any

854

person who has a disability, regardless of age, who applies for a

855

disabled parking permit under s. 320.0848, may be issued an

856

identification card by the department upon completion of an

857

application and payment of an application fee.

858

(a) Each such application shall include the following

859

information regarding the applicant:

860

1. Full name (first, middle or maiden, and last), gender,

861

proof of social security card number satisfactory to the

862

department, county of residence, and mailing address, proof of

863

residential address satisfactory to the department, country of

864

birth, and a brief description.

865

2. Proof of birth date satisfactory to the department.

866

3. Proof of identity satisfactory to the department. Such

867

proof must include one of the following documents issued to the

868

applicant:

869

a. A driver's license record or identification card record

870

from another jurisdiction that required the applicant to submit a

871

document for identification which is substantially similar to a

872

document required under sub-subparagraph b., sub-subparagraph c.,

873

sub-subparagraph d., sub-subparagraph e., sub-subparagraph f., or

874

sub-subparagraph g., or sub-subparagraph h.;

875

b. A certified copy of a United States birth certificate;

876

c. A valid, unexpired United States passport;

877

d. A naturalization certificate issued by the United States

878

Department of Homeland Security;

879

e. A valid, unexpired An alien registration receipt card

880

(green card);

881

f. Consular Report of Birth Abroad provided by the United

882

States Department of State;

883

g.f. An unexpired employment authorization card issued by

884

the United States Department of Homeland Security; or

885

h.g. Proof of nonimmigrant classification provided by the

886

United States Department of Homeland Security, for an original

887

identification card. In order to prove such nonimmigrant

888

classification, applicants may produce but are not limited to the

889

following documents:

890

(I) A notice of hearing from an immigration court

891

scheduling a hearing on any proceeding.

892

(II) A notice from the Board of Immigration Appeals

893

acknowledging pendency of an appeal.

894

(III) Notice of the approval of an application for

895

adjustment of status issued by the United States Bureau of

896

Citizenship and Immigration Services.

897

(IV) Any official documentation confirming the filing of a

898

petition for asylum or refugee status or any other relief issued

899

by the United States Bureau of Citizenship and Immigration

900

Services.

901

(V) Notice of action transferring any pending matter from

902

another jurisdiction to Florida, issued by the United States

903

Bureau of Citizenship and Immigration Services.

904

(VI) Order of an immigration judge or immigration officer

905

granting any relief that authorizes the alien to live and work in

906

the United States including, but not limited to asylum.

907

(VII) Evidence that an application is pending for

908

adjustment of status to that of an alien lawfully admitted for

909

permanent residence in the United States or conditional permanent

910

resident status in the United States, if a visa number is

911

available having a current priority date for processing by the

912

United States Bureau of Citizenship and Immigration Services.

913

914

Presentation of any of the documents described in sub-

915

subparagraph g. f. or sub-subparagraph h. g. entitles the

916

applicant to an identification card for a period not to exceed

917

the expiration date of the document presented or 1 year,

918

whichever first occurs.

919

(b) An application for an identification card must be

920

signed and verified by the applicant in a format designated by

921

the department before a person authorized to administer oaths and

922

payment of the applicable fee pursuant to s. 322.21. The fee for

923

an identification card is $3, including payment for the color

924

photograph or digital image of the applicant.

925

926

other unique biometric means of identity.

927

(2)(a) Every identification card:

928

1. Issued to a person 5 years of age to 14 years of age

929

shall expire, unless canceled earlier, on the fourth birthday of

930

the applicant following the date of original issue.

931

2. Issued to a person 15 years of age and older shall

932

expire, unless canceled earlier, on the eighth birthday of the

933

applicant following the date of original issue.

934

935

Renewal of an identification card shall be made for the

936

applicable term enumerated in this paragraph. However, if an

937

individual is 60 years of age or older, and has an identification

938

card issued under this section, the card shall not expire unless

939

done so by cancellation by the department or by the death of the

940

cardholder. Renewal of any identification card shall be made for

941

a term which shall expire on the fourth birthday of the applicant

942

following expiration of the identification card renewed, unless

943

surrendered earlier. Any application for renewal received later

944

than 90 days after expiration of the identification card shall be

945

considered the same as an application for an original

946

identification card. The renewal fee for an identification card

947

shall be $10, of which $4 shall be deposited into the General

948

Revenue Fund and $6 into the Highway Safety Operating Trust Fund.

949

The department shall, at the end of 4 years and 6 months after

950

the issuance or renewal of an identification card, destroy any

951

record of the card if it has expired and has not been renewed,

952

unless the cardholder is 60 years of age or older.

953

(b) Notwithstanding any other provision of this chapter, if

954

an applicant establishes his or her identity for an

955

identification card using a document authorized under sub-

956

subparagraph (1)(a)3.e., the identification card shall expire on

957

the eighth fourth birthday of the applicant following the date of

958

original issue or upon first renewal or duplicate issued after

959

implementation of this section. After an initial showing of such

960

documentation, he or she is exempted from having to renew or

961

obtain a duplicate in person.

962

963

if an applicant establishes his or her identity for an

964

identification card using an identification document authorized

965

under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph

966

(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1

967

year 2 years after the date of issuance or upon the expiration

968

date cited on the United States Department of Homeland Security

969

documents, whichever date first occurs, and may not be renewed or

970

obtain a duplicate except in person.

971

Section 27. Subsections (1) and (2) of section 322.08,

972

Florida Statutes, are amended to read:

973

322.08 Application for license.--

974

(1) Each application for a driver's license shall be made

975

in a format designated by the department and sworn to or affirmed

976

by the applicant as to the truth of the statements made in the

977

application.

978

(2) Each such application shall include the following

979

information regarding the applicant:

980

(a) Full name (first, middle or maiden, and last), gender,

981

proof of social security card number satisfactory to the

982

department, county of residence, and mailing address, proof of

983

residential address satisfactory to the department, country of

984

birth, and a brief description.

985

(b) Proof of birth date satisfactory to the department.

986

987

proof must include one of the following documents issued to the

988

applicant:

989

1. A driver's license record or identification card record

990

from another jurisdiction that required the applicant to submit a

991

document for identification which is substantially similar to a

992

document required under subparagraph 2., subparagraph 3.,

993

subparagraph 4., subparagraph 5., subparagraph 6., or

994

subparagraph 7., or subparagraph 8.;

995

2. A certified copy of a United States birth certificate;

996

3. A valid, unexpired United States passport;

997

4. A naturalization certificate issued by the United States

998

Department of Homeland Security;

999

5. A valid, unexpired An alien registration receipt card

1000

(green card);

1001

6. Consular Report of Birth Abroad provided by the United

1002

States Department of State;

1003

7.6. An unexpired employment authorization card issued by

1004

the United States Department of Homeland Security; or

1005

8.7. Proof of nonimmigrant classification provided by the

1006

United States Department of Homeland Security, for an original

1007

driver's license. In order to prove nonimmigrant classification,

1008

an applicant may produce the following documents, including, but

1009

not limited to:

1010

a. A notice of hearing from an immigration court scheduling

1011

a hearing on any proceeding.

1012

b. A notice from the Board of Immigration Appeals

1013

acknowledging pendency of an appeal.

1014

c. A notice of the approval of an application for

1015

adjustment of status issued by the United States Bureau of

1016

Citizenship and Immigration Services.

1017

d. Any official documentation confirming the filing of a

1018

petition for asylum or refugee status or any other relief issued

1019

by the United States Bureau of Citizenship and Immigration

1020

Services.

1021

e. A notice of action transferring any pending matter from

1022

another jurisdiction to this state issued by the United States

1023

Bureau of Citizenship and Immigration Services.

1024

f. An order of an immigration judge or immigration officer

1025

granting any relief that authorizes the alien to live and work in

1026

the United States, including, but not limited to, asylum.

1027

g. Evidence that an application is pending for adjustment

1028

of status to that of an alien lawfully admitted for permanent

1029

residence in the United States or conditional permanent resident

1030

status in the United States, if a visa number is available having

1031

a current priority date for processing by the United States

1032

Bureau of Citizenship and Immigration Services.

1033

1034

Presentation of any of the documents in subparagraph 7. 6. or

1035

subparagraph 8. 7. entitles the applicant to a driver's license

1036

or temporary permit for a period not to exceed the expiration

1037

date of the document presented or 1 year, whichever occurs first.

1038

(d) Whether the applicant has previously been licensed to

1039

drive, and, if so, when and by what state, and whether any such

1040

license or driving privilege has ever been disqualified, revoked,

1041

or suspended, or whether an application has ever been refused,

1042

and, if so, the date of and reason for such disqualification,

1043

suspension, revocation, or refusal.

1044

(e) Each such application may include fingerprints and

1045

other unique biometric means of identity.

1046

Section 28. Paragraph (a) of subsection (1) of section

1047

322.14, Florida Statutes, is amended to read:

1048

322.14 Licenses issued to drivers.--

1049

(1)(a) The department shall, upon successful completion of

1050

all required examinations and payment of the required fee, issue

1051

to every applicant qualifying therefor, a driver's license as

1052

applied for, which license shall bear thereon a color photograph

1053

or digital image of the licensee; the name of the state; a

1054

distinguishing number assigned to the licensee; and the

1055

licensee's full name, date of birth, and residence mailing

1056

address; a brief description of the licensee, including, but not

1057

limited to, the licensee's gender and height; and the dates of

1058

issuance and expiration of the license. A space shall be provided

1059

upon which the licensee shall affix his or her usual signature.

1060

No license shall be valid until it has been so signed by the

1061

licensee except that the signature of said licensee shall not be

1062

required if it appears thereon in facsimile or if the licensee is

1063

not present within the state at the time of issuance. Applicants

1064

qualifying to receive a Class A, Class B, or Class C driver's

1065

license must appear in person within the state for issuance of a

1066

color photographic or digital imaged driver's license pursuant to

1067

s. 322.142.

1068

Section 29. Section 322.15, Florida Statutes, is amended to

1069

read:

1070

322.15 License to be carried and exhibited on demand;

1071

fingerprint to be imprinted upon a citation.--

1072

(1) Every licensee shall have his or her driver's license,

1073

which must be fully legible with no portion of such license

1074

faded, altered, mutilated, or defaced, in his or her immediate

1075

possession at all times when operating a motor vehicle and shall

1076

display the same upon the demand of a law enforcement officer or

1077

an authorized representative of the department.

1078

(2) Upon the failure of any person to display a driver's

1079

license as required by subsection (1), the law enforcement

1080

officer or authorized representative of the department stopping

1081

the person shall require the person to imprint his or her

1082

fingerprints fingerprint upon any citation issued by the officer

1083

or authorized representative, or the officer or authorized

1084

representative shall collect the fingerprints electronically.

1085

(3) In relation to violations of subsection (1) or s.

1086

322.03(5), persons who cannot supply proof of a valid driver's

1087

license for the reason that the license was suspended for failure

1088

to comply with that citation shall be issued a suspension

1089

clearance by the clerk of the court for that citation upon

1090

payment of the applicable penalty and fee for that citation. If

1091

proof of a valid driver's license is not provided to the clerk of

1092

the court within 30 days, the person's driver's license shall

1093

again be suspended for failure to comply.

1094

(4) A violation of subsection (1) is a noncriminal traffic

1095

infraction, punishable as a nonmoving violation as provided in

1096

chapter 318.

1097

Section 30. Section 322.17, Florida Statutes, is amended to

1098

read:

1099

322.17 Replacement licenses and permits Duplicate and

1100

replacement certificates.--

1101

(1)(a) In the event that an instruction permit or driver's

1102

license issued under the provisions of this chapter is lost or

1103

destroyed, the person to whom the same was issued may, upon

1104

payment of the appropriate fee pursuant to s. 322.21 $10, obtain

1105

a replacement duplicate, or substitute thereof, upon furnishing

1106

proof satisfactory to the department that such permit or license

1107

has been lost or destroyed, and further furnishing the full name,

1108

date of birth, sex, residence and mailing address, proof of birth

1109

satisfactory to the department, and proof of identity

1110

satisfactory to the department. Five dollars of the fee levied in

1111

this paragraph shall go to the Highway Safety Operating Trust

1112

Fund of the department.

1113

(b) In the event that an instruction permit or driver's

1114

license issued under the provisions of this chapter is stolen,

1115

the person to whom the same was issued may, at no charge, obtain

1116

a replacement duplicate, or substitute thereof, upon furnishing

1117

proof satisfactory to the department that such permit or license

1118

was stolen and further furnishing the full name, date of birth,

1119

sex, residence and mailing address, proof of birth satisfactory

1120

to the department, and proof of identity satisfactory to the

1121

department.

1122

(2) Upon the surrender of the original license and the

1123

payment of the appropriate fees pursuant to s. 322.21 a $10

1124

replacement fee, the department shall issue a replacement license

1125

to make a change in name, address, or restrictions. Upon written

1126

request by the licensee and notification of a change in address,

1127

and the payment of a $10 fee, the department shall issue an

1128

address sticker which shall be affixed to the back of the license

1129

by the licensee. Nine dollars of the fee levied in this

1130

subsection shall go to the Highway Safety Operating Trust Fund of

1131

the department.

1132

(3) Notwithstanding any other provisions of this chapter,

1133

if a licensee establishes his or her identity for a driver's

1134

license using an identification document authorized under s.

1135

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1136

not obtain a duplicate or replacement instruction permit or

1137

driver's license except in person and upon submission of an

1138

identification document authorized under s. 322.08(2)(c)7. or 8.

1139

s. 322.08(2)(c)6. or 7.

1140

Section 31. Section 322.18, Florida Statutes, is amended to

1141

read:

1142

322.18 Original applications, licenses, and renewals;

1143

expiration of licenses; delinquent licenses.--

1144

(1)(a) Except as provided in paragraph (b), the department

1145

may issue an original driver's license only after the applicant

1146

successfully passes the required examinations and presents the

1147

application to the department.

1148

(b) The department may waive the driver's license

1149

examination requirement if the applicant is otherwise qualified

1150

and surrenders a valid license issued by another state, a

1151

province of Canada, or the United States Armed Forces which is of

1152

an equal or lesser classification as provided in s. 322.12.

1153

(2) Each applicant who is entitled to the issuance of a

1154

driver's license, as provided in this section, shall be issued a

1155

driver's license, as follows:

1156

(a) An applicant who has not attained 80 years of age

1157

applying for an original issuance shall be issued a driver's

1158

license that which expires at midnight on the licensee's birthday

1159

which next occurs on or after the eighth sixth anniversary of the

1160

date of issue. An applicant who is at least 80 years of age

1161

applying for an original issuance shall be issued a driver's

1162

license that expires at midnight on the licensee's birthday that

1163

next occurs on or after the sixth anniversary of the date of

1164

issue.

1165

(b) An applicant who has not attained 80 years of age

1166

applying for a renewal issuance or renewal extension shall be

1167

issued a driver's license that or renewal extension sticker which

1168

expires at midnight on the licensee's birthday that which next

1169

occurs 8 4 years after the month of expiration of the license

1170

being renewed, except that a driver whose driving record reflects

1171

no convictions for the preceding 3 years shall be issued a

1172

driver's license or renewal extension sticker which expires at

1173

midnight on the licensee's birthday which next occurs 6 years

1174

after the month of expiration of the license being renewed. An

1175

applicant who is at least 80 years of age applying for a renewal

1176

issuance shall be issued a driver's license that expires at

1177

midnight on the licensee's birthday that next occurs 6 years

1178

after the month of expiration of the license being renewed.

1179

1180

an applicant establishes his or her identity for a driver's

1181

license using a document authorized under s. 322.08(2)(c)5., the

1182

driver's license shall expire in accordance with paragraph (b).

1183

After an initial showing of such documentation, he or she is

1184

exempted from having to renew or obtain a duplicate in person.

1185

(d) Notwithstanding any other provision of this chapter, if

1186

an applicant establishes his or her identity for a driver's

1187

license using a document authorized in s. 322.08(2)(c)7. or 8. s.

1188

322.08(2)(c)6. or 7., the driver's license shall expire 2 years

1189

after the date of issuance or upon the expiration date cited on

1190

the United States Department of Homeland Security documents,

1191

whichever date first occurs.

1192

(e) Notwithstanding any other provision of this chapter, an

1193

applicant applying for an original or renewal issuance of a

1194

commercial driver's license as defined in s. 322.01(7), with a

1195

hazardous-materials endorsement, pursuant to s. 322.57(1)(e),

1196

shall be issued a driver's license that expires at midnight on

1197

the licensee's birthday that next occurs 4 years after the month

1198

of expiration of the license being issued or renewed.

1199

(3) If a license expires on a Saturday, Sunday, or legal

1200

holiday, it shall be valid until midnight of the next regular

1201

working day and may be renewed on that day without payment of a

1202

delinquent fee.

1203

(4)(a) Except as otherwise provided in this chapter, all

1204

licenses shall be renewable every 8 4 years or 6 years, depending

1205

upon the terms of issuance and shall be issued or renewed

1206

extended upon application, payment of the fees required by s.

1207

322.21, and successful passage of any required examination,

1208

unless the department has reason to believe that the licensee is

1209

no longer qualified to receive a license.

1210

(b) Notwithstanding any other provision of this chapter, if

1211

an applicant establishes his or her identity for a driver's

1212

license using a document authorized under s. 322.08(2)(c)5., the

1213

license, upon an initial showing of such documentation, is

1214

exempted from having to renew or obtain a duplicate in person,

1215

unless the renewal or duplication coincides with the periodic

1216

reexamination of a driver as required pursuant to s. 322.121.

1217

1218

a licensee establishes his or her identity for a driver's license

1219

using an identification document authorized under s.

1220

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1221

not renew the driver's license except in person and upon

1222

submission of an identification document authorized under s.

1223

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7. A driver's license

1224

renewed under this paragraph expires 8 4 years after the date of

1225

issuance or upon the expiration date cited on the United States

1226

Department of Homeland Security documents, whichever date first

1227

occurs.

1228

(5) All renewal driver's licenses may be issued after the

1229

applicant licensee has been determined to be eligible by the

1230

department.

1231

(a) A licensee who is otherwise eligible for renewal and

1232

who is at least 80 over 79 years of age:

1233

1. Must submit to and pass a vision test administered at

1234

any driver's license office; or

1235

2. If the licensee applies for a renewal using a

1236

convenience service an extension by mail as provided in

1237

subsection (8), he or she must submit to a vision test

1238

administered by a physician licensed under chapter 458 or chapter

1239

459, or an optometrist licensed under chapter 463, must send the

1240

results of that test to the department on a form obtained from

1241

the department and signed by such health care practitioner, and

1242

must meet vision standards that are equivalent to the standards

1243

for passing the departmental vision test. The physician or

1244

optometrist may submit the results of a vision test by a

1245

department-approved electronic means.

1246

(b) A licensee who is at least 80 over 79 years of age may

1247

not submit an application for renewal extension under subsection

1248

(8) by a convenience service electronic or telephonic means,

1249

unless the results of a vision test have been electronically

1250

submitted in advance by the physician or optometrist.

1251

(6) If the licensee does not receive a renewal notice, the

1252

licensee or applicant may apply to the department, under oath, at

1253

any driver's license examining office. Such application shall be

1254

on a form prepared and furnished by the department. The

1255

department shall make such forms available to the various

1256

examining offices throughout the state. Upon receipt of such

1257

application, the department shall issue a license or temporary

1258

permit to the applicant or shall advise the applicant that no

1259

license or temporary permit will be issued and advise the

1260

applicant of the reason for his or her ineligibility.

1261

(7) An expired Florida driver's license may be renewed any

1262

time within 12 months after the expiration date, with

1263

reexamination, if required, upon payment of the required

1264

delinquent fee or taking and passing the written examination. If

1265

the final date upon which a license may be renewed under this

1266

section falls upon a Saturday, Sunday, or legal holiday, the

1267

renewal period shall be extended to midnight of the next regular

1268

working day. The department may refuse to issue any license if:

1269

(a) It has reason to believe the licensee is no longer

1270

qualified to receive a license.

1271

(b) Its records reflect that the applicant's driving

1272

privilege is under suspension or revocation.

1273

(8) The department shall issue 8-year renewals using a

1274

convenience service 4-year and 6-year license extensions by mail,

1275

electronic, or telephonic means without reexamination to drivers

1276

who have not attained 80 years of age. The department shall issue

1277

6-year renewals using a convenience service when the applicant

1278

has satisfied the requirements of subsection (5).

1279

(a) If the department determines from its records that the

1280

holder of a license about to expire is eligible for renewal, the

1281

department shall mail a renewal notice to the licensee at his or

1282

her last known address, not less than 30 days prior to the

1283

licensee's birthday. The renewal notice shall direct the licensee

1284

to appear at a driver license office for in-person renewal or to

1285

transmit the completed renewal notice and the fees required by s.

1286

322.21 to the department using a convenience service by mail,

1287

electronically, or telephonically within the 30 days preceding

1288

the licensee's birthday for a license extension. License

1289

extensions shall not be available to drivers directed to appear

1290

for in-person renewal.

1291

(b) Upon receipt of a properly completed renewal notice,

1292

payment of the required fees, and upon determining that the

1293

licensee is still eligible for renewal, the department shall send

1294

a new license extension sticker to the licensee to affix to the

1295

expiring license as evidence that the license term has been

1296

extended.

1297

1298

convenience service license extensions for two consecutive

1299

license expirations only. Upon expiration of two consecutive

1300

license extension periods, in-person renewal with reexamination

1301

as provided in s. 322.121 shall be required. A person who is out

1302

of this state when his or her license expires may be issued a 90-

1303

day temporary driving permit without reexamination. At the end of

1304

the 90-day period, the person must either return to this state or

1305

apply for a license where the person is located, except for a

1306

member of the Armed Forces as provided in s. 322.121(6).

1307

(d) In-person renewal at a driver license office shall not

1308

be available to drivers whose records indicate they were directed

1309

to apply for a license extension.

1310

(d)(e) Any person who knowingly possesses any forged,

1311

stolen, fictitious, counterfeit, or unlawfully issued license

1312

extension sticker, unless possession by such person has been duly

1313

authorized by the department, commits a misdemeanor of the second

1314

degree, punishable as provided in s. 775.082 or s. 775.083.

1315

(e)(f) The department shall develop a plan for the

1316

equitable distribution of license extensions and renewals and the

1317

orderly implementation of this section.

1318

(9)(a) The application form for a renewal issuance or

1319

renewal extension shall include language permitting a voluntary

1320

contribution of $1 per applicant, to be quarterly distributed by

1321

the department to Prevent Blindness Florida, a not-for-profit

1322

organization, to prevent blindness and preserve the sight of the

1323

residents of this state. A statement providing an explanation of

1324

the purpose of the funds shall be included with the application

1325

form.

1326

(b) Prior to the department distributing the funds

1327

collected pursuant to paragraph (a), Prevent Blindness Florida

1328

must submit a report to the department that identifies how such

1329

funds were used during the preceding year.

1330

Section 32. Subsections (2) and (4) of section 322.19,

1331

Florida Statutes, are amended to read:

1332

322.19 Change of address or name.--

1333

(2) Whenever any person, after applying for or receiving a

1334

driver's license, changes the residence or mailing address in the

1335

application or license, the person must, within 10 calendar days,

1336

either obtain a replacement license that reflects the change or

1337

request in writing a change-of-address sticker. A The written

1338

request to the department must include the old and new addresses

1339

and the driver's license number.

1340

(4) Notwithstanding any other provision of this chapter, if

1341

a licensee established his or her identity for a driver's license

1342

using an identification document authorized under s.

1343

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1344

not change his or her name or address except in person and upon

1345

submission of an identification document authorized under s.

1346

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7.

1347

Section 33. Subsection (1) of section 322.21, Florida

1348

Statutes, is amended to read:

1349

322.21 License fees; procedure for handling and collecting

1350

fees.--

1351

(1) Except as otherwise provided herein, the fee for:

1352

(a) An original or renewal commercial driver's license is

1353

$67 $50, which shall include the fee for driver education

1354

provided by s. 1003.48; however, if an applicant has completed

1355

training and is applying for employment or is currently employed

1356

in a public or nonpublic school system that requires the

1357

commercial license, the fee shall be the same as for a Class E

1358

driver's license. A delinquent fee of $1 shall be added for a

1359

renewal made not more than 12 months after the license expiration

1360

date. Of the $67 fee, $50 shall be deposited into the General

1361

Revenue Fund. The remaining $17 shall be deposited into the

1362

Highway Safety Operating Trust Fund for the general operations of

1363

the department.

1364

(b) An original Class E driver's license is $27 $20, which

1365

shall include the fee for driver's education provided by s.

1366

1003.48; however, if an applicant has completed training and is

1367

applying for employment or is currently employed in a public or

1368

nonpublic school system that requires a commercial driver

1369

license, the fee shall be the same as for a Class E license. Of

1370

the $27 fee, $20 shall be deposited into the General Revenue

1371

Fund. The remaining $7 shall be deposited into the Highway Safety

1372

Operating Trust Fund for the general operations of the

1373

department.

1374

1375

or of a license restricted to motorcycle use only is $20 $15,

1376

except that a delinquent fee of $1 shall be added for a renewal

1377

or extension made not more than 12 months after the license

1378

expiration date. The fee provided in this paragraph shall include

1379

the fee for driver's education provided by s. 1003.48. Of the $20

1380

fee, $15 shall be deposited into the General Revenue Fund. The

1381

remaining $5 shall be deposited into the Highway Safety Operating

1382

Trust Fund for the general operations of the department.

1383

(d) An original driver's license restricted to motorcycle

1384

use only is $27 $20, which shall include the fee for driver's

1385

education provided by s. 1003.48. Of the $27 fee, $20 shall be

1386

deposited into the General Revenue Fund. The remaining $7 shall

1387

be deposited into the Highway Safety Operating Trust Fund for the

1388

general operations of the department.

1389

(e) A replacement driver's license, issued pursuant to s.

1390

322.17 is $10. Of the $10 fee, $3 shall be deposited into the

1391

General Revenue Fund. The remaining $7 shall be deposited into

1392

the Highway Safety Operating Trust Fund for the general

1393

operations of the department.

1394

(f) An original or renewal identification card issued

1395

pursuant to s. 322.051 is $10. Of the $10 fee, $4 shall be

1396

deposited into the General Revenue Fund. The remaining $6 shall

1397

be deposited in the Highway Safety Operating Trust Fund for the

1398

general operations of the department.

1399

(g)(e) Each endorsement required by s. 322.57 is $7 $5. Of

1400

the $7 fee, $5 shall be deposited into the General Revenue Fund.

1401

The remaining $2 shall be deposited into the Highway Safety

1402

Operating Trust Fund for the general operations of the

1403

department.

1404

(h)(f) A hazardous-materials endorsement, as required by s.

1405

322.57(1)(d), shall be set by the department by rule and shall

1406

reflect the cost of the required criminal history check,

1407

including the cost of the state and federal fingerprint check,

1408

and the cost to the department of providing and issuing the

1409

license. The fee shall not exceed $100. This fee shall be

1410

deposited in the Highway Safety Operating Trust Fund. The

1411

department may adopt rules to administer this section.

1412

Section 34. Subsection (3) of section 322.2715, Florida

1413

Statutes, is amended to read:

1414

322.2715 Ignition interlock device.--

1415

(3) If the person is convicted of:

1416

(a) A first offense of driving under the influence under s.

1417

316.193 and has an unlawful blood-alcohol level or breath-alcohol

1418

level as specified in s. 316.193(4), or if a person is convicted

1419

of a violation of s. 316.193 and was at the time of the offense

1420

accompanied in the vehicle by a person younger than 18 years of

1421

age, the person shall have the ignition interlock device

1422

installed for 6 continuous months for the first offense and for

1423

at least 2 continuous years for a second offense.

1424

(b) A second offense of driving under the influence, the

1425

ignition interlock device shall be installed for a period of not

1426

less than 1 continuous year.

1427

1428

occurs within 10 years after a prior conviction for a violation

1429

of s. 316.193, the ignition interlock device shall be installed

1430

for a period of not less than 2 continuous years.

1431

(d) A third offense of driving under the influence which

1432

occurs more than 10 years after the date of a prior conviction,

1433

the ignition interlock device shall be installed for a period of

1434

not less than 2 continuous years.

1435

Section 35. Section 322.291, Florida Statutes, is amended

1436

to read:

1437

322.291 Driver improvement schools or DUI programs;

1438

required in certain suspension and revocation cases.--Except as

1439

provided in s. 322.03(2), any person:

1440

(1) Whose driving privilege has been revoked:

1441

(a) Upon conviction for:

1442

1. Driving, or being in actual physical control of, any

1443

vehicle while under the influence of alcoholic beverages, any

1444

chemical substance set forth in s. 877.111, or any substance

1445

controlled under chapter 893, in violation of s. 316.193;

1446

2. Driving with an unlawful blood- or breath-alcohol level;

1447

3. Manslaughter resulting from the operation of a motor

1448

vehicle;

1449

4. Failure to stop and render aid as required under the

1450

laws of this state in the event of a motor vehicle crash

1451

resulting in the death or personal injury of another;

1452

5. Reckless driving; or

1453

(b) As an habitual offender;

1454

1455

the seriousness of the offense and the circumstances surrounding

1456

the conviction warrant the revocation of the licensee's driving

1457

privilege; or

1458

(2) Whose license was suspended under the point system, was

1459

suspended for driving with an unlawful blood-alcohol level of

1460

0.10 percent or higher before January 1, 1994, was suspended for

1461

driving with an unlawful blood-alcohol level of 0.08 percent or

1462

higher after December 31, 1993, was suspended for a violation of

1463

s. 316.193(1), or was suspended for refusing to submit to a

1464

lawful breath, blood, or urine test as provided in s. 322.2615

1465

1466

shall, before the driving privilege may be reinstated, present to

1467

the department proof of enrollment in a department-approved

1468

advanced driver improvement course operating pursuant to s.

1469

318.1451 or a substance abuse education course conducted by a DUI

1470

program licensed pursuant to s. 322.292, which shall include a

1471

psychosocial evaluation and treatment, if referred. Additionally,

1472

for a third or subsequent violation involving the required use of

1473

an ignition interlock device, the person shall be required to

1474

complete treatment as determined by a licensed treatment agency

1475

following a referral by a DUI program and have the duration of

1476

the requirement to use an ignition interlock device extended for

1477

a least 1 month or up to the time required to complete treatment.

1478

If the person fails to complete such course or evaluation within

1479

90 days after reinstatement, or subsequently fails to complete

1480

treatment, if referred, the DUI program shall notify the

1481

department of the failure. Upon receipt of the notice, the

1482

department shall cancel the offender's driving privilege,

1483

notwithstanding the expiration of the suspension or revocation of

1484

the driving privilege. The department may temporarily reinstate

1485

the driving privilege upon verification from the DUI program that

1486

the offender has completed the education course and evaluation

1487

requirement and has reentered and is currently participating in

1488

treatment. If the DUI program notifies the department of the

1489

second failure to complete treatment, the department shall

1490

reinstate the driving privilege only after notice of completion

1491

of treatment from the DUI program.

1492

Section 36. Section 322.60, Florida Statutes, is repealed.

1493

Section 37. Subsections (1), (2), (3), (4), (5), and (6) of

1494

section 322.61, Florida Statutes, are amended to read:

1495

322.61 Disqualification from operating a commercial motor

1496

vehicle.--

1497

(1) A person who, for offenses occurring within a 3-year

1498

period, is convicted of two of the following serious traffic

1499

violations or any combination thereof, arising in separate

1500

incidents committed in a commercial motor vehicle shall, in

1501

addition to any other applicable penalties, be disqualified from

1502

operating a commercial motor vehicle for a period of 60 days. A

1503

holder of a commercial driver's license person who, for offenses

1504

occurring within a 3-year period, is convicted of two of the

1505

following serious traffic violations, or any combination thereof,

1506

arising in separate incidents committed in a noncommercial motor

1507

vehicle shall, in addition to any other applicable penalties, be

1508

disqualified from operating a commercial motor vehicle for a

1509

period of 60 days if such convictions result in the suspension,

1510

revocation, or cancellation of the licenseholder's driving

1511

privilege:

1512

(a) A violation of any state or local law relating to motor

1513

vehicle traffic control, other than a parking violation, a weight

1514

violation, or a vehicle equipment violation, arising in

1515

connection with a crash resulting in death or personal injury to

1516

any person;

1517

(b) Reckless driving, as defined in s. 316.192;

1518

1519

(d) Fleeing or attempting to elude a law enforcement

1520

officer, as defined in s. 316.1935;

1521

(e) Unlawful speed of 15 miles per hour or more above the

1522

posted speed limit;

1523

(f) Driving a commercial motor vehicle, owned by such

1524

person, which is not properly insured;

1525

(g) Improper lane change, as defined in s. 316.085;

1526

(h) Following too closely, as defined in s. 316.0895;

1527

(i) Driving a commercial vehicle without obtaining a

1528

commercial driver's license;

1529

(j) Driving a commercial vehicle without the proper class

1530

of commercial driver's license or without the proper endorsement;

1531

1532

(k) Driving a commercial vehicle without a commercial

1533

driver's license in possession, as required by s. 322.03. Any

1534

individual who provides proof to the clerk of the court or

1535

designated official in the jurisdiction where the citation was

1536

issued, by the date the individual must appear in court or pay

1537

any fine for such a violation, that the individual held a valid

1538

commercial driver's license on the date the citation was issued

1539

is not guilty of this offense.

1540

(2)(a) Any person who, for offenses occurring within a 3-

1541

year period, is convicted of three serious traffic violations

1542

specified in subsection (1) or any combination thereof, arising

1543

in separate incidents committed in a commercial motor vehicle

1544

shall, in addition to any other applicable penalties, including

1545

but not limited to the penalty provided in subsection (1), be

1546

disqualified from operating a commercial motor vehicle for a

1547

period of 120 days.

1548

(b) A holder of a commercial driver's license person who,

1549

for offenses occurring within a 3-year period, is convicted of

1550

three serious traffic violations specified in subsection (1) or

1551

any combination thereof arising in separate incidents committed

1552

in a noncommercial motor vehicle shall, in addition to any other

1553

applicable penalties, including, but not limited to, the penalty

1554

provided in subsection (1), be disqualified from operating a

1555

commercial motor vehicle for a period of 120 days if such

1556

convictions result in the suspension, revocation, or cancellation

1557

of the licenseholder's driving privilege.

1558

(3)(a) Except as provided in subsection (4), any person who

1559

is convicted of one of the following offenses listed in paragraph

1560

(b) while operating a commercial motor vehicle shall, in addition

1561

to any other applicable penalties, be disqualified from operating

1562

a commercial motor vehicle for a period of 1 year:

1563

(b) Except as provided in subsection (4), any holder of a

1564

commercial driver's license who is convicted of one of the

1565

offenses listed in this paragraph while operating a noncommercial

1566

motor vehicle shall, in addition to any other applicable

1567

penalties, be disqualified from operating a commercial motor

1568

vehicle for a period of 1 year:

1569

1.(a) Driving a commercial motor vehicle while he or she is

1570

under the influence of alcohol or a controlled substance;

1571

2.(b) Driving a commercial motor vehicle while the alcohol

1572

concentration of his or her blood, breath, or urine is .04

1573

percent or higher;

1574

3.(c) Leaving the scene of a crash involving a commercial

1575

motor vehicle driven by such person;

1576

4.(d) Using a commercial motor vehicle in the commission of

1577

a felony;

1578

5.(e) Driving a commercial motor vehicle while in

1579

possession of a controlled substance;

1580

6.(f) Refusing to submit to a test to determine his or her

1581

alcohol concentration while driving a commercial motor vehicle;

1582

7.(g) Driving a commercial vehicle while the

1583

licenseholder's commercial driver's license is suspended,

1584

revoked, or canceled or while the licenseholder is disqualified

1585

from driving a commercial vehicle; or

1586

8.(h) Causing a fatality through the negligent operation of

1587

a commercial motor vehicle.

1588

(4) Any person who is transporting hazardous materials as

1589

defined in s. 322.01(23) in a vehicle that is required to be

1590

placarded in accordance with Title 49 C.F.R. part 172, subpart F

1591

shall, upon conviction of an offense specified in subsection (3),

1592

be disqualified from operating a commercial motor vehicle for a

1593

period of 3 years. The penalty provided in this subsection shall

1594

be in addition to any other applicable penalty.

1595

(5) Any person who is convicted of two violations specified

1596

in subsection (3) which were committed while operating a

1597

commercial motor vehicle, or any combination thereof, arising in

1598

separate incidents shall be permanently disqualified from

1599

operating a commercial motor vehicle. Any holder of a commercial

1600

driver's license who is convicted of two violations specified in

1601

subsection (3) which were committed while operating a

1602

noncommercial motor vehicle, or any combination thereof, arising

1603

in separate incidents shall be permanently disqualified from

1604

operating a commercial motor vehicle. The penalty provided in

1605

this subsection is shall be in addition to any other applicable

1606

penalty.

1607

(6) Notwithstanding subsections (3), (4), and (5), any

1608

person who uses a commercial motor vehicle in the commission of

1609

any felony involving the manufacture, distribution, or dispensing

1610

of a controlled substance, including possession with intent to

1611

manufacture, distribute, or dispense a controlled substance,

1612

shall, upon conviction of such felony, be permanently

1613

disqualified from operating a commercial motor vehicle.

1614

Notwithstanding subsection (3), (4), and (5), any holder of a

1615

commercial driver's license who uses a noncommercial motor

1616

vehicle in the commission of any felony involving the

1617

manufacture, distribution, or dispensing of a controlled

1618

substance, including possession with intent to manufacture,

1619

distribute, or dispense a controlled substance, shall, upon

1620

conviction of such felony, be permanently disqualified from

1621

operating a commercial motor vehicle. The penalty provided in

1622

this subsection is shall be in addition to any other applicable

1623

penalty.

1624

Section 38. Section 322.64, Florida Statutes, is amended to

1625

read:

1626

322.64 Holder of commercial driver's license; persons

1627

operating a commercial motor vehicle; driving with unlawful

1628

blood-alcohol level; refusal to submit to breath, urine, or blood

1629

test.--

1630

(1)(a) A law enforcement officer or correctional officer

1631

shall, on behalf of the department, disqualify from operating any

1632

commercial motor vehicle a person who while operating or in

1633

actual physical control of a commercial motor vehicle is arrested

1634

for a violation of s. 316.193, relating to unlawful blood-alcohol

1635

level or breath-alcohol level, or a person who has refused to

1636

submit to a breath, urine, or blood test authorized by s. 322.63

1637

arising out of the operation or actual physical control of a

1638

commercial motor vehicle. A law enforcement officer or

1639

correctional officer shall, on behalf of the department,

1640

disqualify the holder of a commercial driver's license from

1641

operating any commercial motor vehicle if the licenseholder,

1642

while operating or in actual physical control of a motor vehicle,

1643

is arrested for a violation of s. 316.193, relating to unlawful

1644

blood-alcohol level or breath-alcohol level, or refused to submit

1645

to a breath, urine, or blood test authorized by s. 322.63. Upon

1646

disqualification of the person, the officer shall take the

1647

person's driver's license and issue the person a 10-day temporary

1648

permit for the operation of noncommercial vehicles only if the

1649

person is otherwise eligible for the driving privilege and shall

1650

issue the person a notice of disqualification. If the person has

1651

been given a blood, breath, or urine test, the results of which

1652

are not available to the officer at the time of the arrest, the

1653

agency employing the officer shall transmit such results to the

1654

department within 5 days after receipt of the results. If the

1655

department then determines that the person was arrested for a

1656

violation of s. 316.193 and that the person had a blood-alcohol

1657

level or breath-alcohol level of 0.08 or higher, the department

1658

shall disqualify the person from operating a commercial motor

1659

vehicle pursuant to subsection (3).

1660

(b) The disqualification under paragraph (a) shall be

1661

pursuant to, and the notice of disqualification shall inform the

1662

driver of, the following:

1663

1.a. The driver refused to submit to a lawful breath,

1664

blood, or urine test and he or she is disqualified from operating

1665

a commercial motor vehicle for a period of 1 year, for a first

1666

refusal, or permanently, if he or she has previously been

1667

disqualified as a result of a refusal to submit to such a test;

1668

1669

b. The driver was driving or in actual physical control of

1670

a commercial motor vehicle, or any motor vehicle if the driver

1671

holds a commercial driver's license, had an unlawful blood-

1672

alcohol level or breath-alcohol level of 0.08 or higher, and his

1673

or her driving privilege shall be disqualified for a period of 6

1674

months for a first offense or for a period of 1 year if his or

1675

her driving privilege has been previously disqualified under this

1676

section. violated s. 316.193 by driving with an unlawful blood-

1677

alcohol level and he or she is disqualified from operating a

1678

commercial motor vehicle for a period of 6 months for a first

1679

offense or for a period of 1 year if he or she has previously

1680

been disqualified, or his or her driving privilege has been

1681

previously suspended, for a violation of s. 316.193.

1682

2. The disqualification period for operating commercial

1683

vehicles shall commence on the date of arrest or issuance of the

1684

notice of disqualification, whichever is later.

1685

3. The driver may request a formal or informal review of

1686

the disqualification by the department within 10 days after the

1687

date of arrest or issuance of the notice of disqualification,

1688

whichever is later.

1689

4. The temporary permit issued at the time of arrest or

1690

disqualification expires will expire at midnight of the 10th day

1691

following the date of disqualification.

1692

5. The driver may submit to the department any materials

1693

relevant to the disqualification arrest.

1694

(2) Except as provided in paragraph (1)(a), the law

1695

enforcement officer shall forward to the department, within 5

1696

days after the date of the arrest or the issuance of the notice

1697

of disqualification, whichever is later, a copy of the notice of

1698

disqualification, the driver's license of the person disqualified

1699

arrested, and a report of the arrest, including, if applicable,

1700

an affidavit stating the officer's grounds for belief that the

1701

person disqualified arrested was operating or in actual physical

1702

control of a commercial motor vehicle, or holds a commercial

1703

driver's license, and had an unlawful blood-alcohol or breath-

1704

alcohol level in violation of s. 316.193; the results of any

1705

breath or blood or urine test or an affidavit stating that a

1706

breath, blood, or urine test was requested by a law enforcement

1707

officer or correctional officer and that the person arrested

1708

refused to submit; a copy of the notice of disqualification

1709

citation issued to the person arrested; and the officer's

1710

description of the person's field sobriety test, if any. The

1711

failure of the officer to submit materials within the 5-day

1712

period specified in this subsection or subsection (1) does shall

1713

not affect the department's ability to consider any evidence

1714

submitted at or prior to the hearing. The officer may also submit

1715

a copy of a videotape of the field sobriety test or the attempt

1716

to administer such test and a copy of the crash report, if any.

1717

(3) If the department determines that the person arrested

1718

should be disqualified from operating a commercial motor vehicle

1719

pursuant to this section and if the notice of disqualification

1720

has not already been served upon the person by a law enforcement

1721

officer or correctional officer as provided in subsection (1),

1722

the department shall issue a notice of disqualification and,

1723

unless the notice is mailed pursuant to s. 322.251, a temporary

1724

permit which expires 10 days after the date of issuance if the

1725

driver is otherwise eligible.

1726

(4) If the person disqualified arrested requests an

1727

informal review pursuant to subparagraph (1)(b)3., the department

1728

shall conduct the informal review by a hearing officer employed

1729

by the department. Such informal review hearing shall consist

1730

solely of an examination by the department of the materials

1731

submitted by a law enforcement officer or correctional officer

1732

and by the person disqualified arrested, and the presence of an

1733

officer or witness is not required.

1734

(5) After completion of the informal review, notice of the

1735

department's decision sustaining, amending, or invalidating the

1736

disqualification must be provided to the person. Such notice must

1737

be mailed to the person at the last known address shown on the

1738

department's records, and to the address provided in the law

1739

enforcement officer's report if such address differs from the

1740

address of record, within 21 days after the expiration of the

1741

temporary permit issued pursuant to subsection (1) or subsection

1742

(3).

1743

(6)(a) If the person disqualified arrested requests a

1744

formal review, the department must schedule a hearing to be held

1745

within 30 days after such request is received by the department

1746

and must notify the person of the date, time, and place of the

1747

hearing.

1748

(b) Such formal review hearing shall be held before a

1749

hearing officer employed by the department, and the hearing

1750

officer shall be authorized to administer oaths, examine

1751

witnesses and take testimony, receive relevant evidence, issue

1752

subpoenas for the officers and witnesses identified in documents

1753

as provided in subsection (2), regulate the course and conduct of

1754

the hearing, and make a ruling on the disqualification. The

1755

department and the person disqualified arrested may subpoena

1756

witnesses, and the party requesting the presence of a witness

1757

shall be responsible for the payment of any witness fees. If the

1758

person who requests a formal review hearing fails to appear and

1759

the hearing officer finds such failure to be without just cause,

1760

the right to a formal hearing is waived and the department shall

1761

conduct an informal review of the disqualification under

1762

subsection (4).

1763

1764

paragraph (b) by filing a petition for enforcement in the circuit

1765

court of the judicial circuit in which the person failing to

1766

comply with the subpoena resides. A failure to comply with an

1767

order of the court shall result in a finding of contempt of

1768

court. However, a person shall not be in contempt while a

1769

subpoena is being challenged.

1770

(d) The department must, within 7 days after a formal

1771

review hearing, send notice to the person of the hearing

1772

officer's decision as to whether sufficient cause exists to

1773

sustain, amend, or invalidate the disqualification.

1774

(7) In a formal review hearing under subsection (6) or an

1775

informal review hearing under subsection (4), the hearing officer

1776

shall determine by a preponderance of the evidence whether

1777

sufficient cause exists to sustain, amend, or invalidate the

1778

disqualification. The scope of the review shall be limited to the

1779

following issues:

1780

(a) If the person was disqualified from operating a

1781

commercial motor vehicle for driving with an unlawful blood-

1782

alcohol level in violation of s. 316.193:

1783

1. Whether the arresting law enforcement officer had

1784

probable cause to believe that the person was driving or in

1785

actual physical control of a commercial motor vehicle, or any

1786

motor vehicle if the driver holds a commercial driver's license,

1787

in this state while he or she had any alcohol, chemical

1788

substances, or controlled substances in his or her body.

1789

2. Whether the person was placed under lawful arrest for a

1790

violation of s. 316.193.

1791

2.3. Whether the person had an unlawful blood-alcohol level

1792

or breath-alcohol level of 0.08 or higher as provided in s.

1793

316.193.

1794

(b) If the person was disqualified from operating a

1795

commercial motor vehicle for refusal to submit to a breath,

1796

blood, or urine test:

1797

1. Whether the law enforcement officer had probable cause

1798

to believe that the person was driving or in actual physical

1799

control of a commercial motor vehicle, or any motor vehicle if

1800

the driver holds a commercial driver's license, in this state

1801

while he or she had any alcohol, chemical substances, or

1802

controlled substances in his or her body.

1803

2. Whether the person refused to submit to the test after

1804

being requested to do so by a law enforcement officer or

1805

correctional officer.

1806

3. Whether the person was told that if he or she refused to

1807

submit to such test he or she would be disqualified from

1808

operating a commercial motor vehicle for a period of 1 year or,

1809

in the case of a second refusal, permanently.

1810

(8) Based on the determination of the hearing officer

1811

pursuant to subsection (7) for both informal hearings under

1812

subsection (4) and formal hearings under subsection (6), the

1813

department shall:

1814

(a) Sustain the disqualification for a period of 1 year for

1815

a first refusal, or permanently if such person has been

1816

previously disqualified from operating a commercial motor vehicle

1817

as a result of a refusal to submit to such tests. The

1818

disqualification period commences on the date of the arrest or

1819

issuance of the notice of disqualification, whichever is later.

1820

(b) Sustain the disqualification:

1821

1. For a period of 1 year if the person was driving or in

1822

actual physical control of a commercial motor vehicle, or any

1823

motor vehicle if the driver holds a commercial driver's license,

1824

and had an unlawful blood-alcohol level or breath-alcohol level

1825

of 0.08 or higher; or 6 months for a violation of s. 316.193 or

1826

for a period of 1 year

1827

2. Permanently if the person has been previously

1828

disqualified from operating a commercial motor vehicle or his or

1829

her driving privilege has been previously suspended for driving

1830

or being in actual physical control of a commercial motor

1831

vehicle, or any motor vehicle if the driver holds a commercial

1832

driver's license, and had an unlawful blood-alcohol level or

1833

breath-alcohol level of 0.08 or higher as a result of a

1834

violation of s. 316.193.

1835

1836

The disqualification period commences on the date of the arrest

1837

or issuance of the notice of disqualification, whichever is

1838

later.

1839

(9) A request for a formal review hearing or an informal

1840

review hearing shall not stay the disqualification. If the

1841

department fails to schedule the formal review hearing to be held

1842

within 30 days after receipt of the request therefor, the

1843

department shall invalidate the disqualification. If the

1844

scheduled hearing is continued at the department's initiative,

1845

the department shall issue a temporary driving permit limited to

1846

noncommercial vehicles which is shall be valid until the hearing

1847

is conducted if the person is otherwise eligible for the driving

1848

privilege. Such permit shall not be issued to a person who sought

1849

and obtained a continuance of the hearing. The permit issued

1850

under this subsection shall authorize driving for business

1851

purposes or employment use only.

1852

(10) A person who is disqualified from operating a

1853

commercial motor vehicle under subsection (1) or subsection (3)

1854

is eligible for issuance of a license for business or employment

1855

purposes only under s. 322.271 if the person is otherwise

1856

eligible for the driving privilege. However, such business or

1857

employment purposes license shall not authorize the driver to

1858

operate a commercial motor vehicle.

1859

(11) The formal review hearing may be conducted upon a

1860

review of the reports of a law enforcement officer or a

1861

correctional officer, including documents relating to the

1862

administration of a breath test or blood test or the refusal to

1863

take either test. However, as provided in subsection (6), the

1864

driver may subpoena the officer or any person who administered or

1865

analyzed a breath or blood test.

1866

(12) The formal review hearing and the informal review

1867

hearing are exempt from the provisions of chapter 120. The

1868

department is authorized to adopt rules for the conduct of

1869

reviews under this section.

1870

(13) A person may appeal any decision of the department

1871

sustaining the disqualification from operating a commercial motor

1872

vehicle by a petition for writ of certiorari to the circuit court

1873

in the county wherein such person resides or wherein a formal or

1874

informal review was conducted pursuant to s. 322.31. However, an

1875

appeal shall not stay the disqualification. This subsection shall

1876

not be construed to provide for a de novo appeal.

1877

(14) The decision of the department under this section

1878

shall not be considered in any trial for a violation of s.

1879

316.193, s. 322.61, or s. 322.62, nor shall any written statement

1880

submitted by a person in his or her request for departmental

1881

review under this section be admissible into evidence against him

1882

or her in any such trial. The disposition of any related criminal

1883

proceedings shall not affect a disqualification imposed pursuant

1884

to this section.

1885

(15) This section does not preclude the suspension of the

1886

driving privilege pursuant to s. 322.2615. The driving privilege

1887

of a person who has been disqualified from operating a commercial

1888

motor vehicle also may be suspended for a violation of s.

1889

316.193.

1890

Section 39. Subsection (10) of section 324.021, Florida

1891

Statutes, is amended to read:

1892

324.021 Definitions; minimum insurance required.--The

1893

following words and phrases when used in this chapter shall, for

1894

the purpose of this chapter, have the meanings respectively

1895

ascribed to them in this section, except in those instances where

1896

the context clearly indicates a different meaning:

1897

(10) JUDGMENT.--Any judgment becomes which shall have

1898

become final by expiration without appeal of the time within

1899

which an appeal might have been perfected, or by final

1900

affirmation on appeal, rendered by a court of competent

1901

jurisdiction of any state or of the United States upon a cause of

1902

action arising out of the ownership, maintenance, or use of any

1903

motor vehicle for damages, including damages for care and loss of

1904

services because of bodily injury to or death of any person, or

1905

for damages because of injury to or destruction of property,

1906

including the loss of use thereof, or upon a cause of action on

1907

an agreement of settlement for such damage.

1908

Section 40. Except as otherwise expressly provided in this

1909

act and except for this section, which shall take effect July 1,

1910

2008, this act shall take effect October 1, 2008.

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