1

A bill to be entitled

2

An act relating to the Department of Highway Safety and

3

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

4

term "hybrid vehicle"; authorizing the driving of a

5

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

6

high-occupancy-vehicle lane regardless of occupancy;

7

authorizing the department to limit or discontinue such

8

driving under certain circumstances; exempting such

9

vehicles from the payment of certain tolls; amending s.

10

316.1575, F.S.; requiring a person walking or driving a

11

vehicle to stop at a railroad crossing upon the signal of

12

a law enforcement officer; amending s. 316.159, F.S.;

13

requiring the driver of a commercial motor vehicle to slow

14

when approaching a railroad crossing; providing that a

15

violation of such requirement is a noncriminal moving

16

violation; amending s. 316.1895, F.S.; requiring the

17

placement of signs in certain school zones stating that

18

speeding fines are doubled within the zone; amending s.

19

316.191, F.S.; revising provisions prohibiting certain

20

speed competitions and exhibitions; revising the

21

definition of the terms "conviction," "drag race," and

22

"race"; defining the terms "exhibition of acceleration,"

23

"exhibition of speed," and "spectator"; prohibiting

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driving in any race, drag race, exhibition of speed, or

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exhibition of acceleration; prohibiting certain acts in

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association with a race, drag race, exhibition of speed,

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or exhibition of acceleration; prohibiting being a

28

spectator at any such race, drag race, or exhibition;

29

providing for a rebuttable presumption that a person is a

30

spectator; providing criminal and noncriminal penalties;

31

providing for revocation of the driver's license upon

32

conviction; providing for disposition of citation for

33

being a spectator; providing penalties for a second or

34

subsequent offense; providing that a violation that causes

35

or contributes to causing serious bodily injury to another

36

is a felony of the third degree; providing that a

37

violation that causes or contributes to causing the death

38

of any human being or unborn quick child is the crime of

39

racing manslaughter; providing penalties; providing for a

40

determination of the definition of the term "unborn quick

41

child"; requiring that the driving record of a person

42

charged be provided to the court; providing criteria for

43

arrest; providing procedures for charging the owner of a

44

motor vehicle as a spectator if the owner's vehicle is

45

parked or operated in near proximity to any such race,

46

drag race, or exhibition; providing for citations,

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disposition procedures, and enforcement; providing

48

procedures for impoundment or immobilization of a motor

49

vehicle under a court order; providing for release from

50

impoundment under specified exceptions; requiring costs

51

and fees of impoundment to be paid by the owner or lessee

52

of the motor vehicle; providing procedures for an

53

arresting officer to immediately impound a motor vehicle

54

used in a violation; providing for the period of

55

impoundment; removing a requirement for impoundment that

56

the person being arrested is the registered owner or

57

coowner of the motor vehicle; providing for seizure and

58

forfeiture of a motor vehicle used in a violation;

59

removing provisions for application only after a prior

60

conviction and only if the owner of the motor vehicle is

61

the person charged with the violation; providing for a

62

motor vehicle used in violation to be seized and forfeited

63

under the Florida Contraband Forfeiture Act regardless of

64

whether the violation is a misdemeanor or felony;

65

providing for satisfaction of the element of negligent

66

entrustment; providing for severability; amending s.

67

316.193, F.S.; lowering the blood-alcohol or breath-

68

alcohol level for which enhanced penalties are imposed

69

against a person who was accompanied in the vehicle by a

70

minor at the time of the offense; amending s. 316.1937,

71

F.S.; revising the conditions under which the court may

72

require the use of an ignition interlock device; amending

73

s. 316.29545, F.S.; exempting certain investigative

74

vehicles from the prohibition against installing window

75

sunscreening on a vehicle; amending s. 316.302, F.S.;

76

revising the application of certain federal rules;

77

providing for the department to perform certain duties

78

assigned under federal rules; updating a reference to

79

federal provisions governing out-of-service requirements

80

for commercial vehicles; amending s. 316.3045, F.S.;

81

providing enhanced penalties, including forfeiture of the

82

vehicle, upon multiple convictions for violating

83

prohibitions against the use of excessively loud

84

soundmaking equipment in a motor vehicle; amending ss.

85

316.613 and 316.614, F.S.; redefining the term "motor

86

vehicle" to exclude certain trucks from the requirement to

87

use a child restraint or safety belt; amending s. 316.645,

88

F.S.; authorizing a police officer to make an arrest upon

89

probable cause of a violation of laws governing motor

90

vehicle licenses; amending s. 316.650, F.S.; revising

91

requirements for traffic citation forms; providing for the

92

electronic transmission of citation data; amending s.

93

316.656, F.S.; lowering the percentage of blood or breath

94

alcohol content relating to the prohibition against

95

pleading guilty to a lesser offense of driving under the

96

influence than the offense charged; amending s. 319.001,

97

F.S.; defining the term "certificate of title" to include

98

information stored electronically in the department's

99

database; amending s. 320.0706, F.S.; providing that a

100

violation of requirements for displaying a truck license

101

plate is a moving violation; amending s. 320.0715, F.S.;

102

requiring the department to withhold issuing or to suspend

103

a registration and license plate for a commercial motor

104

vehicle if the federal identifying number is not provided

105

or if the motor carrier or vehicle owner has been

106

prohibited from operating; amending s. 320.01, F.S.;

107

redefining the term "motorcycle" to exclude a vehicle

108

where the operator is enclosed by a cabin; amending s.

109

320.02, F.S., as amended; deleting the requirement for a

110

motorcycle endorsement at the time of original

111

registration of a motorcycle, motor-driven cycle, or

112

moped; repealing s. 320.02(13), F.S., relating to a motor

113

vehicle registration voluntary contribution for the

114

Election Campaign Financing Trust Fund; repealing s.

115

320.08053(3), F.S., relating to provisions requiring that

116

the department adopt rules providing certain

117

specifications for the design of specialty license plates;

118

amending s. 320.27, F.S.; revising evidence required for

119

motor vehicle dealer applications; amending s. 322.01,

120

F.S.; defining the term "convenience service"; redefining

121

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

122

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

123

eligibility for reimbursement for organizations that

124

conduct motorcycle safety courses; amending s. 322.03,

125

F.S.; deleting provisions exempting certain persons from

126

the requirement to surrender a license issued by another

127

jurisdiction; providing certain exceptions for part-time

128

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

129

requiring that an applicant for an identification card or

130

driver's license provide additional information;

131

authorizing use of additional documents to prove identity;

132

revising the fee requirements; revising provisions

133

providing for the expiration of an identification card

134

issued by the department; deleting provisions authorizing

135

a voluntary contribution; amending s. 322.14, F.S.;

136

requiring that an applicant for a driver's license provide

137

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

138

a law enforcement officer or authorized representative of

139

the department to collect a person's fingerprints

140

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

141

requirements for obtaining a replacement license or

142

permit; deleting provisions authorizing the department to

143

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

144

provisions providing for the expiration of driver's

145

licenses; providing for the renewal of certain licenses

146

every 8 years and for the renewal of licenses for persons

147

older than a specified age every 6 years; providing for

148

the renewal of licenses using a convenience service;

149

requiring the department to issue new licenses rather than

150

extension stickers; conforming cross-references; amending

151

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

152

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

153

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

154

increasing the fees charged for obtaining a new or renewal

155

driver's license or identification card; specifying that a

156

portion of the fees be deposited for use by the

157

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

158

ignition interlock device is installed for a continuous

159

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

160

sanctions against a person who violates requirements with

161

respect to an ignition interlock device; amending s.

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322.36, F.S.; requiring the suspension for a specified

163

period of the driver's license of a person who loans a

164

vehicle to a person whose driver's license is suspended if

165

that vehicle is involved in an accident resulting in

166

bodily injury or death; repealing s. 322.60, F.S.,

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relating to a prohibition against possessing more than one

168

driver's license under certain circumstances; amending s.

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322.61, F.S.; clarifying provisions disqualifying a person

170

from operating a commercial motor vehicle following

171

certain traffic violations; providing for permanent

172

disqualification following conviction of a felony

173

involving the manufacture, distribution, or dispensing of

174

a controlled substance; amending s. 322.64, F.S.;

175

providing that refusal to submit to a breath, urine, or

176

blood test disqualifies a person from operating a

177

commercial motor vehicle; providing a period of

178

disqualification if a person has an unlawful blood-alcohol

179

or breath-alcohol level; providing for issuance of a

180

notice of disqualification; revising the requirements for

181

a formal review hearing following a person's

182

disqualification from operating a commercial motor

183

vehicle; amending s. 324.021, F.S.; clarifying that a

184

judgment becomes final by expiration of the time for

185

appeal; creating the Automobile Lenders Industry Task

186

Force within the Department of Highway Safety and Motor

187

Vehicles; providing duties of the task force; providing

188

for membership and the election of officers; providing for

189

meetings; providing for reimbursement for travel and per

190

diem expenses for public-sector members; requiring the

191

department to provide administrative support and

192

assistance to the task force; prohibiting the Department

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of Highway Safety and Motor Vehicles from issuing any new

194

specialty license plates for a specified period; providing

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an effective date.

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197

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

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199

     Section 1.  Section 316.0741, Florida Statutes, is amended

200

to read:

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     316.0741 High-occupancy-vehicle High occupancy vehicle

202

lanes.--

203

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

204

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

205

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

206

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

210

energy which are both an internal combustion or heat engine using

211

combustible fuel and a rechargeable energy-storage system; and

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

213

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

215

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

225

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

228

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

235

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

236

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

237

166(f)(3)(B).

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(c) The eligibility of hybrid and other low-emission and

239

energy-efficient vehicles for operation in an HOV lane regardless

240

of occupancy shall be determined in accordance with the

241

applicable final rule issued by the United State Environmental

242

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

243

effect on the effective date of the rule.

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(5) The department shall issue a decal and registration

245

certificate, to be renewed annually, reflecting the HOV lane

246

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

249

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

251

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

257

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

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

259

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

263

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"

266

means a motor vehicle:

267

     (a) That draws propulsion energy from onboard sources of

268

stored energy which are both:

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     1. An internal combustion or heat engine using combustible

270

fuel; and

271

     2. A rechargeable energy storage system; and

272

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

273

truck:

274

     1. Has received a certificate of conformity under the Clean

275

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

276

     2. Meets or exceeds the equivalent qualifying California

277

standards for a low-emission vehicle.

278

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

279

may adopt rules necessary to implement and administer this

280

section.

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     Section 2.  Subsection (1) of section 316.1575, Florida

282

Statutes, is amended to read:

283

     316.1575  Obedience to traffic control devices at railroad-

284

highway grade crossings.--

285

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

286

a railroad-highway grade crossing under any of the circumstances

287

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

288

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

289

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

290

requirements apply when:

291

     (a)  A clearly visible electric or mechanical signal device

292

gives warning of the immediate approach of a railroad train;

293

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

294

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

295

approach or passage of a railroad train;

296

     (c)  An approaching railroad train emits an audible signal

297

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

298

crossing, is an immediate hazard; or

299

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

300

in hazardous proximity to the railroad-highway grade crossing,

301

regardless of the type of traffic control devices installed at

302

the crossing.

303

     Section 3.  Section 316.159, Florida Statutes, is amended to

304

read:

305

     316.159 Certain vehicles to stop or slow at all railroad

306

grade crossings.--

307

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

308

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

309

child, or of any vehicle carrying explosive substances or

310

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

311

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

312

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

313

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

314

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

315

for signals indicating the approach of a train, except as

316

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

317

do so safely. After stopping as required herein and upon

318

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

319

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

320

will be no necessity for changing gears while traversing the

321

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

322

track or tracks.

323

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

324

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

325

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

326

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

327

police officer.

328

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

329

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

330

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

331

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

332

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

333

infraction, punishable as a moving violation as provided in

334

chapter 318.

335

     Section 4.  Effective July 1, 2006, subsection (6) of

336

section 316.1895, Florida Statutes, is amended to read:

337

     316.1895  Establishment of school speed zones, enforcement;

338

designation.--

339

     (6)  Permanent signs designating school zones and school

340

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

341

have the times during which the restrictive speed limit is

342

enforced clearly designated thereon. Flashing beacons activated

343

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

344

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

345

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

346

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

347

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

348

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

349

Department of Transportation shall establish adequate standards

350

for the signs and flashing beacons.

351

     Section 5.  Section 316.191, Florida Statutes, is amended to

352

read:

353

     316.191  Racing on highways.--

354

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

355

     (a)  "Conviction" means a determination of guilt that is the

356

result of a plea or trial, regardless of whether or not

357

adjudication is withheld.

358

     (b)  "Drag race" means the operation of two or more motor

359

vehicles in competition, arising from a challenge to demonstrate

360

superiority of a motor vehicle or driver and the acceptance or

361

competitive response to that challenge, either through a prior

362

arrangement or in immediate response, from a point side by side

363

at accelerating speeds in a competitive attempt to outdistance

364

each other, or the operation of one or more motor vehicles over a

365

common selected course, from the same point to the same point,

366

for the purpose of comparing the relative speeds or power of

367

acceleration of such motor vehicle or motor vehicles within a

368

certain distance or time limit. A drag race may be prearranged or

369

may occur through a competitive response to conduct on the part

370

of one or more drivers which, under the totality of the

371

circumstances, can reasonably be interpreted as a challenge to

372

participate in a drag race.

373

     (c) "Exhibition of acceleration" means the use of a motor

374

vehicle in a demonstration to another person or persons,

375

including, but not limited to, any passenger of such motor

376

vehicle or the driver or passenger of another motor vehicle, of

377

the motor vehicle's ability to accelerate by a sudden increase in

378

speed causing a tire to lose firm traction with, or burn, smoke,

379

or squeal against, the road surface which results in the

380

vehicle's continuous acceleration to a final speed that exceeds

381

the posted or lawful speed limit.

382

     (d) "Exhibition of speed" means the use of a motor vehicle

383

in a demonstration to another person or persons, including, but

384

not limited to, any passenger of such motor vehicle or the driver

385

or passenger of another motor vehicle, of the motor vehicle's

386

speed or handling capabilities at a speed of at least double the

387

posted or lawful speed limit or 100 miles per hour, whichever is

388

less.

389

     (e)(c) "Race Racing" means the use of one or more motor

390

vehicles in competition, arising from a challenge to demonstrate

391

superiority of a motor vehicle or driver and the acceptance or

392

competitive response to that challenge, either through a prior

393

arrangement or in immediate response, in which the competitor

394

attempts an attempt to outgain or outdistance another motor

395

vehicle, to prevent another motor vehicle from passing, to arrive

396

at a given destination ahead of another motor vehicle or motor

397

vehicles, or to test the physical stamina or endurance of drivers

398

over long-distance driving routes. A race may be prearranged or

399

may occur through a competitive response to conduct on the part

400

of one or more drivers which, under the totality of the

401

circumstances, can reasonably be interpreted as a challenge to

402

race.

403

     (f) "Spectator" means any person who is knowingly present

404

at and views an illegal race, drag race, or exhibition when such

405

presence is the result of an affirmative choice to attend or

406

participate in the race or exhibition. For purposes of

407

determining whether or not an individual is a spectator, finders

408

of fact shall consider the relationship between the racer and the

409

individual, evidence of gambling or betting on the outcome of the

410

race, and any other factor that would tend to show knowing

411

attendance or participation.

412

     (2)(a) A person operating or in actual physical control of

413

a motor vehicle, including any motorcycle, on any street or

414

highway or publicly accessible parking lot may not:

415

     1. Drive any motor vehicle, including any motorcycle, in

416

any race;,

417

     2. Drive in any speed competition or contest, drag race; or

418

acceleration contest, test of physical endurance, or

419

     3. Drive in any exhibition of speed; or

420

     4. Drive in any exhibition of acceleration. or for the

421

purpose of making a speed record on any highway, roadway, or

422

parking lot;

423

     (b) A person may not:

424

     1.2. In any manner knowingly participate in, coordinate,

425

facilitate, or collect moneys at any location for any such race,

426

drag race competition, contest, test, or exhibition prohibited

427

under paragraph (a);

428

     2.3. Knowingly ride as a passenger in any such race, drag

429

race competition, contest, test, or exhibition prohibited under

430

paragraph (a); or

431

     3.4. Knowingly Purposefully cause the movement of traffic

432

to slow or stop for any such race, drag race competition,

433

contest, test, or exhibition prohibited under paragraph (a).

434

     (c) A person may not be a spectator at any such race, drag

435

race, or exhibition prohibited under paragraph (a). A vehicle

436

parked or operated in near proximity to any such race, drag race,

437

or exhibition under circumstances suggesting that the driver or

438

operator of such vehicle is a spectator creates a rebuttable

439

presumption that the registered owner of the vehicle is a

440

spectator for all purposes of this section.

441

     (3)(a) Any person who violates any provision of this

442

paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of the

443

second first degree, punishable as provided in s. 775.082 or s.

444

775.083. Any person who violates any provision of this paragraph

445

(2)(a) or paragraph (2)(b) shall pay a fine of not less than $250

446

$500 and not more than $500 $1,000, and the court shall revoke

447

the driver's license of a person so convicted for 2 years

448

regardless of whether or not adjudication is withheld and the

449

department shall revoke the driver license of a person so

450

convicted for 1 year. A hearing may be requested pursuant to s.

451

322.271.

452

     (b) Any person who violates the provisions of paragraph

453

(2)(c) commits a noncriminal violation, punishable as provided in

454

s. 775.083, and must be cited to appear before a county judge for

455

disposition of the violation. Any person who violates the

456

provisions of paragraph (2)(c) shall pay a fine of not less than

457

$250 and not more than $500.

458

     (c)(b) Any person who violates any provision of paragraph

459

(2)(a) or paragraph (2)(b) within 5 years after the date of a

460

prior violation that resulted in a conviction for a violation of

461

paragraph (2)(a) or paragraph (2)(b) this subsection commits a

462

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

463

775.082 or s. 775.083, and shall pay a fine of not less than $500

464

and not more than $1,000. In any second or subsequent conviction,

465

the court may not withhold adjudication of guilt and shall revoke

466

the driver's license of that person for 5 years. The department

467

shall also revoke the driver license of that person for 2 years.

468

A hearing may be requested pursuant to s. 322.271.

469

     (d) Any person who violates any provision of paragraph

470

(2)(a) or paragraph (2)(b) and by reason of such violation causes

471

or in any way contributes to causing damage to the property or

472

person of another commits a misdemeanor of the first degree,

473

punishable as provided in s. 775.082 or s. 775.083, and shall pay

474

a fine of not less than $500 and not more than $1,000, and the

475

court shall revoke the driver's license of a person so convicted

476

for 2 years regardless of whether or not adjudication is

477

withheld. A hearing may be requested pursuant to s. 322.271.

478

     (e) Any person who violates any provision of paragraph

479

(2)(a) or paragraph (2)(b) and by reason of such violation causes

480

or in any way contributes to causing serious bodily injury to

481

another, as defined in s. 316.1933, commits a felony of the third

482

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

483

775.084, and shall pay a fine of not less than $1,000.

484

     (f) Any person who violates any provision of paragraph

485

(2)(a) or paragraph (2)(b) and by reason of such violation causes

486

or in any way contributes to causing the death of any human being

487

or unborn quick child commits the crime of racing manslaughter.

488

In any conviction under this paragraph, the court may not

489

withhold adjudication of guilt and shall permanently revoke the

490

driver's license of a person so convicted. A hearing may be

491

requested pursuant to s. 322.271. A person so convicted commits:

492

     1. A felony of the second degree, punishable as provided in

493

s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

494

not less than $5,000; or

495

     2. A felony of the first degree, punishable as provided in

496

s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

497

not less than $5,000, if:

498

     a. At the time of the crash, the person knew, or should

499

have known, that the crash occurred; and

500

     b. The person failed to give information and render aid as

501

required by s. 316.062.

502

503

For purposes of this paragraph, the definition of the term

504

"unborn quick child" shall be determined in accordance with the

505

definition of viable fetus as set forth in s. 782.071. A person

506

who is convicted of racing manslaughter shall be sentenced to a

507

mandatory minimum term of imprisonment of 4 years.

508

     (4)(c) In any case charging a violation of paragraph (2)(a)

509

or paragraph (2)(b), the court shall be provided a copy of the

510

driving record of the person charged and may obtain any records

511

from any other source to determine if one or more prior

512

convictions of the person for violation of paragraph (2)(a) or

513

paragraph (2)(b) have occurred within 5 years prior to the

514

charged offense; however, at trial, proof of such prior

515

conviction must be made by certified copy of any prior judgment

516

of conviction or judgment withholding adjudication of guilt.

517

     (5)(a)(3) Whenever a law enforcement officer determines

518

that a person has committed a violation of paragraph (2)(a) or

519

paragraph (2)(b) was engaged in a drag race or race, as described

520

in subsection (1), the officer may immediately arrest and take

521

such person into custody, consistent with constitutional

522

requirements, regardless of whether or not the offense was

523

committed in the presence of the officer or whether the officer's

524

determination is based upon information provided by anonymous

525

tipsters, citizen informants, or any other source. The court may

526

enter an order of impoundment or immobilization as a condition of

527

incarceration or probation. Within 7 business days after the date

528

the court issues the order of impoundment or immobilization, the

529

clerk of the court must send notice by certified mail, return

530

receipt requested, to the registered owner of the motor vehicle,

531

if the registered owner is a person other than the defendant, and

532

to each person of record claiming a lien against the motor

533

vehicle.

534

     (b) A law enforcement officer who determines that, in

535

accordance with the provisions of paragraph (2)(c), the driver of

536

a motor vehicle parked or operated in near proximity to any such

537

race, drag race, or exhibition is a spectator, the officer may

538

file a uniform traffic citation with the clerk of court of the

539

jurisdiction wherein the offense was committed charging the

540

registered owner of such vehicle with the proscribed offense. The

541

clerk shall issue a notice to appear to the registered owner's

542

last known address maintained by the department and shall

543

schedule a mandatory court appearance before a county judge

544

within 30 days after the filing of the citation. The failure of

545

such person to appear as required or to comply with any fine

546

imposed under this paragraph shall be subject to the procedures

547

of s. 318.15 governing failures to appear or to pay. An officer

548

may use any photographic or recording equipment in determining

549

the tag number or registered owner of any vehicle pursuant to

550

this paragraph.

551

     (c)(a) Notwithstanding any provision of law to the

552

contrary, the impounding agency shall release a motor vehicle

553

under the conditions provided in s. 316.193(6)(e) and, (f), (g),

554

and (h), if the owner or agent presents a valid driver license at

555

the time of pickup of the motor vehicle.

556

     (d)(b) All costs and fees for the impoundment or

557

immobilization, including the cost of notification, must be paid

558

by the owner of the motor vehicle or, if the motor vehicle is

559

leased or rented, by the person leasing or renting the motor

560

vehicle, unless the impoundment or immobilization order is

561

dismissed. All provisions of s. 713.78 shall apply.

562

     (e)(c) Any motor vehicle used in violation of subsection

563

(2) may be impounded for a period of 30 10 business days if a law

564

enforcement officer has arrested and taken a person into custody

565

pursuant to this subsection and the person being arrested is the

566

registered owner or coowner of the motor vehicle. If the

567

arresting officer finds that the criteria of this paragraph are

568

met, the officer may immediately impound the motor vehicle. The

569

law enforcement officer shall notify the Department of Highway

570

Safety and Motor Vehicles of any impoundment for violation of

571

this subsection in accordance with procedures established by the

572

department. The provisions of paragraphs (c) (a) and (d) (b)

573

shall be applicable to such impoundment.

574

     (6)(4) Any motor vehicle used in violation of subsection

575

(2) by any person within 5 years after the date of a prior

576

conviction of that person for a violation under subsection (2)

577

may be seized and forfeited as provided by the Florida Contraband

578

Forfeiture Act. This subsection shall be applicable to all owners

579

of the motor vehicle who are charged with a criminal violation of

580

subsection (2) or who negligently entrusted their vehicle to the

581

person charged with a criminal violation of subsection (2), and

582

the Florida Contraband Forfeiture Act applies regardless of

583

whether or not the violation is a misdemeanor or felony. The

584

element of negligent entrustment is satisfied if the owner of a

585

motor vehicle entrusts his or her vehicle to a person knowing

586

that such person has previously been cited or charged with any

587

violation of this section, whether or not such charge or citation

588

resulted in a conviction only be applicable if the owner of the

589

motor vehicle is the person charged with violation of subsection

590

(2).

591

     (7)(5) This section does not apply to licensed or duly

592

authorized racetracks, drag strips, or other designated areas set

593

aside by proper authorities for such purposes.

594

     (8) If any provision of this section is deemed

595

unconstitutional by any court, such unconstitutional provision

596

shall be deemed severable and such determination shall not affect

597

the enforceability of all remaining constitutional provisions of

598

this section.

599

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

600

Statutes, is amended to read:

601

     316.193  Driving under the influence; penalties.--

602

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

603

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

604

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

605

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

606

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

607

age of 18 years, shall be punished:

608

     (a)  By a fine of:

609

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

610

conviction.

611

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

612

conviction.

613

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

614

conviction.

615

     (b)  By imprisonment for:

616

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

617

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

618

619

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

620

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

621

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

622

higher.

623

     (c)  In addition to the penalties in paragraphs (a) and (b),

624

the court shall order the mandatory placement, at the convicted

625

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

626

by the department in accordance with s. 316.1938 upon all

627

vehicles that are individually or jointly leased or owned and

628

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

629

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

630

when the convicted person qualifies for a permanent or restricted

631

license. The installation of such device may not occur before

632

July 1, 2003.

633

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

634

Statutes, is amended to read:

635

     316.1937  Ignition interlock devices, requiring; unlawful

636

acts.--

637

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

638

court may require that any person who is convicted of driving

639

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

640

a motor vehicle unless that vehicle is equipped with a

641

functioning ignition interlock device certified by the department

642

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

643

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

644

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

645

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

646

interlock device for a period of not less than 6 continuous

647

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

648

whether or not the privilege to operate a motor vehicle is

649

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

650

order placement of an ignition interlock device in those

651

circumstances required by s. 316.193.

652

     Section 8.  Section 316.29545, Florida Statutes, is amended

653

to read:

654

     316.29545  Window sunscreening exclusions; medical

655

exemption; certain law enforcement vehicles exempt; certain

656

investigative vehicles exempt.--

657

     (1)  The department shall issue medical exemption

658

certificates to persons who are afflicted with Lupus or similar

659

medical conditions which require a limited exposure to light,

660

which certificates shall entitle the person to whom the

661

certificate is issued to have sunscreening material on the

662

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

663

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

664

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

665

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

666

exemption certificate shall include a vehicle description with

667

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

668

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

669

the person or persons who are the registered owners of the

670

vehicle. A medical exemption certificate shall be nontransferable

671

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

672

vehicle identified on the certificate.

673

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

674

vehicles used in undercover or canine operations from the window

675

sunscreening requirements of ss. 316.2951-316.2957.

676

     (b) The department shall exempt from the sunscreening

677

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

678

owned or leased by investigative agencies licensed pursuant to

679

chapter 493 and used in homeland security functions on behalf of

680

federal, state, or local authorities; executive protection

681

activities; undercover, convert, or surveillance operations in

682

cases involving child abductions, convicted sex offenders,

683

insurance fraud, or missing persons or property; or other

684

activities in which evidence is being obtained for civil or

685

criminal proceedings.

686

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

687

to defray the expenses of issuing a medical exemption certificate

688

as described in subsection (1).

689

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

690

316.302, Florida Statutes, are amended to read:

691

     316.302  Commercial motor vehicles; safety regulations;

692

transporters and shippers of hazardous materials; enforcement.--

693

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

694

that are operated on the public highways of this state while

695

engaged in interstate commerce are subject to the rules and

696

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

697

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

698

owners or drivers of commercial motor vehicles that are engaged

699

in intrastate commerce are subject to the rules and regulations

700

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

701

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

702

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

703

2005.

704

     (c)  Except as provided in s. 316.215(5), and except as

705

provided in s. 316.228 for rear overhang lighting and flagging

706

requirements for intrastate operations, the requirements of this

707

section supersede all other safety requirements of this chapter

708

for commercial motor vehicles.

709

     (6)  The state Department of Transportation shall perform

710

the duties that are assigned to the field administrator of the

711

Federal Motor Carrier Safety Administration Regional Federal

712

Highway Administrator under the federal rules, and an agent of

713

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

714

rules.

715

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

716

enforcement officer of the Department of Transportation or duly

717

appointed agent who holds a current safety inspector

718

certification from the Commercial Vehicle Safety Alliance may

719

require the driver of any commercial vehicle operated on the

720

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

721

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

722

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

723

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

724

adjustment, and the continued operation would present an unduly

725

hazardous operating condition, the officer may require the

726

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

727

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

728

corrected. However, if continuous operation would not present an

729

unduly hazardous operating condition, the officer may give

730

written notice requiring correction of the condition within 14

731

days.

732

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

733

enforcement officer employed by a sheriff's office or municipal

734

police department authorized to enforce the traffic laws of this

735

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

736

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

737

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

738

section.

739

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

740

request to submit to an inspection under this subsection commits

741

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

742

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

743

resists the officer with violence.

744

     Section 10.  Section 316.3045, Florida Statutes, is amended

745

to read:

746

     316.3045  Operation of radios or other mechanical

747

soundmaking devices or instruments in vehicles; exemptions.--

748

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

749

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

750

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

751

soundmaking device or instrument from within the motor vehicle so

752

that the sound is:

753

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

754

the motor vehicle; or

755

     (b)  Louder than necessary for the convenient hearing by

756

persons inside the vehicle in areas adjoining churches, schools,

757

or hospitals.

758

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

759

any law enforcement motor vehicle equipped with any communication

760

device necessary in the performance of law enforcement duties or

761

to any emergency vehicle equipped with any communication device

762

necessary in the performance of any emergency procedures.

763

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

764

vehicles used for business or political purposes, which in the

765

normal course of conducting such business use soundmaking

766

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

767

prevent local authorities, with respect to streets and highways

768

under their jurisdiction and within the reasonable exercise of

769

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

770

such business may be operated.

771

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

772

noise made by a horn or other warning device required or

773

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

774

Motor Vehicles shall adopt promulgate rules defining "plainly

775

audible" and establish standards regarding how sound should be

776

measured by law enforcement personnel who enforce the provisions

777

of this section.

778

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

779

infraction, punishable as a nonmoving violation as provided in

780

chapter 318.

781

     (6) In addition to any fine administered under subsection

782

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

783

pay:

784

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

785

less than $250 but not more than $500.

786

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

787

vehicle shall constitute contraband and is subject to forfeiture

788

by a seizing law enforcement agency pursuant to applicable

789

provisions of ss. 932.701-932.704.

790

     Section 11.  Subsection (2) of section 316.613, Florida

791

Statutes, is amended to read:

792

     316.613  Child restraint requirements.--

793

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

794

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

795

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

796

does not include:

797

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

798

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

799

compensation, other than a bus regularly used to transport

800

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

801

conjunction with school activities.

802

     (c)  A farm tractor or implement of husbandry.

803

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

804

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

805

     (e)  A motorcycle, moped, or bicycle.

806

     Section 12.  Paragraph (a) of subsection (3) of section

807

316.614, Florida Statutes, is amended to read:

808

     316.614  Safety belt usage.--

809

     (3)  As used in this section:

810

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

811

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

812

highways of this state. The term does not include:

813

     1.  A school bus.

814

     2.  A bus used for the transportation of persons for

815

compensation.

816

     3.  A farm tractor or implement of husbandry.

817

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

818

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

819

     5.  A motorcycle, moped, or bicycle.

820

     Section 13.  Section 316.645, Florida Statutes, is amended

821

to read:

822

     316.645  Arrest authority of officer at scene of a traffic

823

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

824

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

825

the crash when, based upon personal investigation, the officer

826

has reasonable and probable grounds to believe that the person

827

has committed any offense under the provisions of this chapter,

828

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

829

     Section 14.  Subsections (1), (3), (4), (5), (6), and (7) of

830

section 316.650, Florida Statutes, are amended to read:

831

     316.650  Traffic citations.--

832

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

833

traffic enforcement agency in this state, an appropriate form

834

traffic citation that contains containing a notice to appear, is

835

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

836

in quintuplicate) and meeting the requirements of this chapter or

837

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

838

shall be consistent with the state traffic court rules and the

839

procedures established by the department. The form shall include

840

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

841

when the officer believes that the traffic violation or crash was

842

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

843

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

844

law enforcement officer when the officer writes a uniform traffic

845

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

846

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

847

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

848

traffic enforcement agency in the state, an appropriate

849

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

850

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

851

and that indicates which shall indicate the specific defect

852

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

853

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

854

316.610 by a commercial motor vehicle as defined in s.

855

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

856

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

857

form traffic citation.

858

     (c)  Notwithstanding paragraphs (a) and (b), a traffic

859

enforcement agency may produce uniform traffic citations by

860

electronic means. Such citations must be consistent with the

861

state traffic court rules and the procedures established by the

862

department and; must be appropriately numbered and inventoried;

863

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

864

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

865

     (d)  The department must distribute to every traffic

866

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

867

infraction reference guide describing the class of the traffic

868

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

869

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

870

necessary to describe a violation and the penalties therefor.

871

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

872

316.1001, each traffic enforcement officer, upon issuing a

873

traffic citation to an alleged violator of any provision of the

874

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

875

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

876

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

877

enforcement agency that which has an automated citation issuance

878

system, the chief administrative officer shall provide by an

879

electronic transmission a replica of the citation data to

880

facsimile with a court having jurisdiction over the alleged

881

offense or with its traffic violations bureau within 5 days after

882

issuance to the violator.

883

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

884

316.1001, a traffic enforcement officer may deposit the original

885

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

886

traffic enforcement agency that has an automated citation system,

887

may provide by an electronic transmission a replica of the

888

citation data to facsimile with a court having jurisdiction over

889

the alleged offense or with its traffic violations bureau within

890

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

891

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

892

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

893

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

894

owning the applicable toll facility, plus the amount of the

895

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

896

governmental entity that issued the citation, or on whose behalf

897

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

898

traffic citation will not be submitted to the court, the

899

disposition will be reported to the department by the

900

governmental entity that issued the citation, or on whose behalf

901

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

902

the person's driver's license.

903

     (4)  The chief administrative officer of every traffic

904

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

905

officer-agency department record copy of every traffic citation

906

issued by an officer under the chief administrative officer's

907

supervision to an alleged violator of any traffic law or

908

ordinance and of all copies of every traffic citation that which

909

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

910

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

911

enforcement agency that which has an automated citation issuance

912

system, the chief administrative officer shall require the return

913

of all electronic traffic citation records.

914

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

915

traffic citation or upon deposit of an electronic transmission of

916

a replica of citation data facsimile of the traffic citation with

917

respect to traffic enforcement agencies that which have an

918

automated citation issuance system with a court having

919

jurisdiction over the alleged offense or with its traffic

920

violations bureau as aforesaid, the original citation, the

921

electronic citation containing a replica of citation data

922

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

923

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

924

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

925

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

926

violations bureau by the person to whom such traffic citation has

927

been issued by the traffic enforcement officer.

928

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

929

form approved by the department, the department record copy of

930

the uniform traffic citation to the department within 5 days

931

after submission of the original, groups of issued citations and

932

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

933

court. Batches of electronic citations containing a replica of

934

citation data may be transmitted to the court department in an

935

electronic automated fashion, in a format form prescribed by the

936

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

937

of such transmittal shall also be provided to the court having

938

jurisdiction for accountability purposes.

939

     (7)  The chief administrative officer shall also maintain or

940

cause to be maintained in connection with every traffic citation

941

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

942

disposition of the charge by the court or its traffic violations

943

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

944

electronic citation was deposited.

945

     Section 15.  Paragraph (a) of subsection (2) of section

946

316.656, Florida Statutes, is amended to read:

947

     316.656  Mandatory adjudication; prohibition against

948

accepting plea to lesser included offense.--

949

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

950

lesser offense from a person charged under the provisions of this

951

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

952

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

953

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

954

     Section 16.  Subsection (12) is added to section 319.001,

955

Florida Statutes, to read:

956

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

957

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

958

evidence of ownership of a vehicle, whether a paper certificate

959

authorized by the department or a certificate consisting of

960

information that is stored in an electronic form in the

961

department's database.

962

     Section 17.  Section 320.0706, Florida Statutes, is amended

963

to read:

964

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

965

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

966

more shall display the registration license plate on both the

967

front and rear of the truck in conformance with all the

968

requirements of s. 316.605 that do not conflict with this

969

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

970

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

971

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

972

required to display the registration license plate only on the

973

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

974

violation punishable as provided in chapter 318.

975

     Section 18.  Subsection (4) of section 320.0715, Florida

976

Statutes, is amended to read:

977

     320.0715  International Registration Plan; motor carrier

978

services; permits; retention of records.--

979

     (4)  Each motor carrier registered under the International

980

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

981

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

982

department for the reasonable administration of this chapter.

983

     (a) The department shall withhold the registration and

984

license plate for a commercial motor vehicle unless the

985

identifying number issued by the federal agency responsible for

986

motor carrier safety is provided for the motor carrier and the

987

entity responsible for motor carrier safety for each motor

988

vehicle as part of the application process.

989

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

990

registration or license plate to, and may not transfer the

991

commercial motor vehicle registration or license plate for, a

992

motor carrier or vehicle owner who has been prohibited from

993

operating by a federal or state agency responsible for motor

994

carrier safety.

995

     (c) The department, with notice, shall suspend any

996

commercial motor vehicle registration and license plate issued to

997

a motor carrier or vehicle owner who has been prohibited from

998

operating by a federal or state agency responsible for motor

999

carrier safety.

1000

     Section 19.  Subsection (27) of section 320.01, Florida

1001

Statutes, is amended to read:

1002

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

1003

Statutes, except as otherwise provided, the term:

1004

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

1005

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

1006

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

1007

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

1008

enclosed by a cabin.

1009

     Section 20.  Effective July 1, 2008, subsection (1) of

1010

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

1011

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

1012

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

1013

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

1014

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

1015

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

1016

department or to its authorized agent for registration of each

1017

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

1018

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

1019

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

1020

or she has a valid motorcycle endorsement as required in chapter

1021

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

1022

not operated on the roads of this state during the registration

1023

period.

1024

     Section 21. Subsection (13) of section 320.02, Florida

1025

Statutes, is repealed.

1026

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

1027

Statutes, is repealed.

1028

     Section 23.  Subsection (3) of section 320.27, Florida

1029

Statutes, is amended to read:

1030

     320.27  Motor vehicle dealers.--

1031

     (3)  APPLICATION AND FEE.--The application for the license

1032

shall be in such form as may be prescribed by the department and

1033

shall be subject to such rules with respect thereto as may be so

1034

prescribed by it. Such application shall be verified by oath or

1035

affirmation and shall contain a full statement of the name and

1036

birth date of the person or persons applying therefor; the name

1037

of the firm or copartnership, with the names and places of

1038

residence of all members thereof, if such applicant is a firm or

1039

copartnership; the names and places of residence of the principal

1040

officers, if the applicant is a body corporate or other

1041

artificial body; the name of the state under whose laws the

1042

corporation is organized; the present and former place or places

1043

of residence of the applicant; and prior business in which the

1044

applicant has been engaged and the location thereof. Such

1045

application shall describe the exact location of the place of

1046

business and shall state whether the place of business is owned

1047

by the applicant and when acquired, or, if leased, a true copy of

1048

the lease shall be attached to the application. The applicant

1049

shall certify that the location provides an adequately equipped

1050

office and is not a residence; that the location affords

1051

sufficient unoccupied space upon and within which adequately to

1052

store all motor vehicles offered and displayed for sale; and that

1053

the location is a suitable place where the applicant can in good

1054

faith carry on such business and keep and maintain books,

1055

records, and files necessary to conduct such business, which will

1056

be available at all reasonable hours to inspection by the

1057

department or any of its inspectors or other employees. The

1058

applicant shall certify that the business of a motor vehicle

1059

dealer is the principal business which shall be conducted at that

1060

location. Such application shall contain a statement that the

1061

applicant is either franchised by a manufacturer of motor

1062

vehicles, in which case the name of each motor vehicle that the

1063

applicant is franchised to sell shall be included, or an

1064

independent (nonfranchised) motor vehicle dealer. Such

1065

application shall contain such other relevant information as may

1066

be required by the department, including evidence that the

1067

applicant is insured under a garage liability insurance policy,

1068

which shall include, at a minimum, $25,000 combined single-limit

1069

liability coverage including bodily injury and property damage

1070

protection and $10,000 personal injury protection. Such policy

1071

shall be for the license period, and evidence of a new or

1072

continued policy shall be delivered to the department at the

1073

beginning of each license period. Upon making such initial

1074

application, the person applying therefor shall pay to the

1075

department a fee of $300 in addition to any other fees now

1076

required by law; upon making a subsequent renewal application,

1077

the person applying therefor shall pay to the department a fee of

1078

$75 in addition to any other fees now required by law. Upon

1079

making an application for a change of location, the person shall

1080

pay a fee of $50 in addition to any other fees now required by

1081

law. The department shall, in the case of every application for

1082

initial licensure, verify whether certain facts set forth in the

1083

application are true. Each applicant, general partner in the case

1084

of a partnership, or corporate officer and director in the case

1085

of a corporate applicant, must file a set of fingerprints with

1086

the department for the purpose of determining any prior criminal

1087

record or any outstanding warrants. The department shall submit

1088

the fingerprints to the Department of Law Enforcement for state

1089

processing and forwarding to the Federal Bureau of Investigation

1090

for federal processing. The actual cost of such state and federal

1091

processing shall be borne by the applicant and is to be in

1092

addition to the fee for licensure. The department may issue a

1093

license to an applicant pending the results of the fingerprint

1094

investigation, which license is fully revocable if the department

1095

subsequently determines that any facts set forth in the

1096

application are not true or correctly represented.

1097

     Section 24.  Present subsections (10) through (44) of

1098

section 322.01, Florida Statutes, are redesignated as subsections

1099

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

1100

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

1101

that section are amended, to read:

1102

     322.01  Definitions.--As used in this chapter:

1103

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

1104

individual conducts a transaction with the department other than

1105

in person.

1106

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

1107

relating to the operation of motor vehicles on highways which is

1108

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

1109

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

1110

noncriminal traffic infraction pursuant to s. 318.14, or a

1111

judicial disposition of an offense committed under any federal

1112

law substantially conforming to the aforesaid state statutory

1113

provisions.

1114

     (b)  Notwithstanding any other provisions of this chapter,

1115

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

1116

applies to offenses committed in a commercial motor vehicle or by

1117

a person holding a commercial driver license.

1118

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

1119

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

1120

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

1121

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

1122

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

1123

Hazardous Materials Transportation Act.

1124

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

1125

by an authorized local, state, or Federal Government official

1126

which precludes a person from driving a commercial motor vehicle

1127

for a period of 72 hours or less.

1128

     Section 25.  Effective July 1, 2008, subsection (5) of

1129

section 322.0255, Florida Statutes, is amended to read:

1130

     322.0255  Florida Motorcycle Safety Education Program.--

1131

     (5) The only organizations that are eligible for

1132

reimbursement are organizations that executed a contract on or

1133

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

1134

months following the execution of the organization's contract.

1135

The department shall, subject to the availability of funds,

1136

reimburse each organization that provides an approved motorcycle

1137

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

1138

portion of the course. This shall include any student not

1139

required to attend a motorcycle safety education course prior to

1140

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

1141

per student to each course provider shall be determined by the

1142

department. In order to facilitate such determination, each

1143

course provider shall be required to submit proof satisfactory to

1144

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

1145

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

1146

reimbursed per student to any course provider exceed the expected

1147

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

1148

each course provider that conducts such a course may charge each

1149

student a tuition fee sufficient to defray the cost of conducting

1150

the course. The department shall fund the payments required under

1151

this subsection from the motorcycle safety education fee, as

1152

provided in ss. 320.08 and 322.025.

1153

     Section 26.  Subsection (1) of section 322.03, Florida

1154

Statutes, is amended to read:

1155

     322.03  Drivers must be licensed; penalties.--

1156

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

1157

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

1158

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

1159

provisions of this chapter.

1160

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

1161

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

1162

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

1163

possession issued to him or her by any other jurisdiction or

1164

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

1165

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

1166

who makes a false affidavit concerning such licenses is guilty of

1167

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

1168

775.082 or s. 775.083.

1169

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

1170

is not required to surrender a license issued by another

1171

jurisdiction, upon a showing to the department that such license

1172

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

1173

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

1174

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

1175

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

1176

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

1177

department to the issuing jurisdiction together with information

1178

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

1179

destroyed by the department, which shall notify the issuing

1180

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

1181

one valid Florida driver's license at any time.

1182

     (c) A part-time resident issued a license pursuant to

1183

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

1184

regularly scheduled renewal. Licenses that are identified as

1185

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

1186

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

1187

     Section 27.  Subsections (1) and (2) of section 322.051,

1188

Florida Statutes, are amended to read:

1189

     322.051  Identification cards.--

1190

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

1191

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

1192

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

1193

identification card by the department upon completion of an

1194

application and payment of an application fee.

1195

     (a)  Each such application shall include the following

1196

information regarding the applicant:

1197

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

1198

proof of social security card number satisfactory to the

1199

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

1200

residential address satisfactory to the department, country of

1201

birth, and a brief description.

1202

     2.  Proof of birth date satisfactory to the department.

1203

     3.  Proof of identity satisfactory to the department. Such

1204

proof must include one of the following documents issued to the

1205

applicant:

1206

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

1207

from another jurisdiction that required the applicant to submit a

1208

document for identification which is substantially similar to a

1209

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

1210

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

1211

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

1212

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

1213

     c. A valid, unexpired United States passport;

1214

     d.  A naturalization certificate issued by the United States

1215

Department of Homeland Security;

1216

     e. A valid, unexpired An alien registration receipt card

1217

(green card);

1218

     f. Consular Report of Birth Abroad provided by the United

1219

States Department of State;

1220

     g.f. An unexpired employment authorization card issued by

1221

the United States Department of Homeland Security; or

1222

     h.g. Proof of nonimmigrant classification provided by the

1223

United States Department of Homeland Security, for an original

1224

identification card. In order to prove such nonimmigrant

1225

classification, applicants may produce but are not limited to the

1226

following documents:

1227

     (I)  A notice of hearing from an immigration court

1228

scheduling a hearing on any proceeding.

1229

     (II)  A notice from the Board of Immigration Appeals

1230

acknowledging pendency of an appeal.

1231

     (III)  Notice of the approval of an application for

1232

adjustment of status issued by the United States Bureau of

1233

Citizenship and Immigration Services.

1234

     (IV)  Any official documentation confirming the filing of a

1235

petition for asylum or refugee status or any other relief issued

1236

by the United States Bureau of Citizenship and Immigration

1237

Services.

1238

     (V)  Notice of action transferring any pending matter from

1239

another jurisdiction to Florida, issued by the United States

1240

Bureau of Citizenship and Immigration Services.

1241

     (VI)  Order of an immigration judge or immigration officer

1242

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

1243

the United States including, but not limited to asylum.

1244

     (VII)  Evidence that an application is pending for

1245

adjustment of status to that of an alien lawfully admitted for

1246

permanent residence in the United States or conditional permanent

1247

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

1248

available having a current priority date for processing by the

1249

United States Bureau of Citizenship and Immigration Services.

1250

     (VIII) On or after January 1, 2010, an unexpired foreign

1251

passport with an unexpired United States Visa affixed,

1252

accompanied by an approved I-94, documenting the most recent

1253

admittance into the United States.

1254

1255

Presentation of any of the documents described in sub-

1256

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

1257

applicant to an identification card for a period not to exceed

1258

the expiration date of the document presented or 1 year,

1259

whichever first occurs.

1260

     (b)  An application for an identification card must be

1261

signed and verified by the applicant in a format designated by

1262

the department before a person authorized to administer oaths and

1263

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

1264

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

1265

photograph or digital image of the applicant.

1266

     (c)  Each such applicant may include fingerprints and any

1267

other unique biometric means of identity.

1268

     (2)(a) Every identification card:

1269

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

1270

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

1271

the applicant following the date of original issue.

1272

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

1273

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

1274

applicant following the date of original issue.

1275

1276

Renewal of an identification card shall be made for the

1277

applicable term enumerated in this paragraph. However, if an

1278

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

1279

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

1280

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

1281

cardholder. Renewal of any identification card shall be made for

1282

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

1283

following expiration of the identification card renewed, unless

1284

surrendered earlier. Any application for renewal received later

1285

than 90 days after expiration of the identification card shall be

1286

considered the same as an application for an original

1287

identification card. The renewal fee for an identification card

1288

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

1289

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

1290

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

1291

the issuance or renewal of an identification card, destroy any

1292

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

1293

unless the cardholder is 60 years of age or older.

1294

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

1295

an applicant establishes his or her identity for an

1296

identification card using a document authorized under sub-

1297

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

1298

the eighth fourth birthday of the applicant following the date of

1299

original issue or upon first renewal or duplicate issued after

1300

implementation of this section. After an initial showing of such

1301

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

1302

obtain a duplicate in person.

1303

     (c)  Notwithstanding any other provisions of this chapter,

1304

if an applicant establishes his or her identity for an

1305

identification card using an identification document authorized

1306

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

1307

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

1308

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

1309

date cited on the United States Department of Homeland Security

1310

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

1311

obtain a duplicate except in person.

1312

     Section 28.  Subsections (1), (2), and (6) of section

1313

322.08, Florida Statutes, are amended to read:

1314

     322.08  Application for license.--

1315

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

1316

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

1317

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

1318

application.

1319

     (2)  Each such application shall include the following

1320

information regarding the applicant:

1321

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

1322

proof of social security card number satisfactory to the

1323

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

1324

residential address satisfactory to the department, country of

1325

birth, and a brief description.

1326

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

1327

     (c)  Proof of identity satisfactory to the department. Such

1328

proof must include one of the following documents issued to the

1329

applicant:

1330

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

1331

from another jurisdiction that required the applicant to submit a

1332

document for identification which is substantially similar to a

1333

document required under subparagraph 2., subparagraph 3.,

1334

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

1335

subparagraph 7., or subparagraph 8.;

1336

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

1337

     3. A valid, unexpired United States passport;

1338

     4.  A naturalization certificate issued by the United States

1339

Department of Homeland Security;

1340

     5. A valid, unexpired An alien registration receipt card

1341

(green card);

1342

     6. Consular Report of Birth Abroad provided by the United

1343

States Department of State;

1344

7.6. An unexpired employment authorization card issued by

1345

the United States Department of Homeland Security; or

1346

     8.7. Proof of nonimmigrant classification provided by the

1347

United States Department of Homeland Security, for an original

1348

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

1349

an applicant may produce the following documents, including, but

1350

not limited to:

1351

     a.  A notice of hearing from an immigration court scheduling

1352

a hearing on any proceeding.

1353

     b.  A notice from the Board of Immigration Appeals

1354

acknowledging pendency of an appeal.

1355

     c.  A notice of the approval of an application for

1356

adjustment of status issued by the United States Bureau of

1357

Citizenship and Immigration Services.

1358

     d.  Any official documentation confirming the filing of a

1359

petition for asylum or refugee status or any other relief issued

1360

by the United States Bureau of Citizenship and Immigration

1361

Services.

1362

     e.  A notice of action transferring any pending matter from

1363

another jurisdiction to this state issued by the United States

1364

Bureau of Citizenship and Immigration Services.

1365

     f.  An order of an immigration judge or immigration officer

1366

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

1367

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

1368

     g.  Evidence that an application is pending for adjustment

1369

of status to that of an alien lawfully admitted for permanent

1370

residence in the United States or conditional permanent resident

1371

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

1372

a current priority date for processing by the United States

1373

Bureau of Citizenship and Immigration Services.

1374

     h. On or after January 1, 2010, an unexpired foreign

1375

passport with an unexpired United States Visa affixed,

1376

accompanied by an approved I-94, documenting the most recent

1377

admittance into the United States.

1378

1379

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

1380

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

1381

or temporary permit for a period not to exceed the expiration

1382

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

1383

     (d)  Whether the applicant has previously been licensed to

1384

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

1385

license or driving privilege has ever been disqualified, revoked,

1386

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

1387

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

1388

suspension, revocation, or refusal.

1389

     (e)  Each such application may include fingerprints and

1390

other unique biometric means of identity.

1391

     (6)  The application form for a driver's license or

1392

duplicate thereof shall include language permitting the

1393

following:

1394

     (a) A voluntary contribution of $5 per applicant, which

1395

contribution shall be transferred into the Election Campaign

1396

Financing Trust Fund.

1397

     (a)(b) A voluntary contribution of $1 per applicant, which

1398

contribution shall be deposited into the Florida Organ and Tissue

1399

Donor Education and Procurement Trust Fund for organ and tissue

1400

donor education and for maintaining the organ and tissue donor

1401

registry.

1402

     (b)(c) A voluntary contribution of $1 per applicant, which

1403

contribution shall be distributed to the Florida Council of the

1404

Blind.

1405

     (c)(d) A voluntary contribution of $2 per applicant, which

1406

shall be distributed to the Hearing Research Institute,

1407

Incorporated.

1408

     (d)(e) A voluntary contribution of $1 per applicant, which

1409

shall be distributed to the Juvenile Diabetes Foundation

1410

International.

1411

     (e)(f) A voluntary contribution of $1 per applicant, which

1412

shall be distributed to the Children's Hearing Help Fund.

1413

1414

A statement providing an explanation of the purpose of the trust

1415

funds shall also be included. For the purpose of applying the

1416

service charge provided in s. 215.20, contributions received

1417

under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)

1418

and under s. 322.18(9)(a) are not income of a revenue nature.

1419

     Section 29.  Paragraph (a) of subsection (1) of section

1420

322.14, Florida Statutes, is amended to read:

1421

     322.14  Licenses issued to drivers.--

1422

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

1423

all required examinations and payment of the required fee, issue

1424

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

1425

applied for, which license shall bear thereon a color photograph

1426

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

1427

distinguishing number assigned to the licensee; and the

1428

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

1429

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

1430

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

1431

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

1432

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

1433

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

1434

licensee except that the signature of said licensee shall not be

1435

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

1436

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

1437

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

1438

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

1439

color photographic or digital imaged driver's license pursuant to

1440

s. 322.142.

1441

     Section 30.  Section 322.15, Florida Statutes, is amended to

1442

read:

1443

     322.15  License to be carried and exhibited on demand;

1444

fingerprint to be imprinted upon a citation.--

1445

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

1446

which must be fully legible with no portion of such license

1447

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

1448

possession at all times when operating a motor vehicle and shall

1449

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

1450

an authorized representative of the department.

1451

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

1452

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

1453

officer or authorized representative of the department stopping

1454

the person shall require the person to imprint his or her

1455

fingerprints fingerprint upon any citation issued by the officer

1456

or authorized representative, or the officer or authorized

1457

representative shall collect the fingerprints electronically.

1458

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

1459

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

1460

license for the reason that the license was suspended for failure

1461

to comply with that citation shall be issued a suspension

1462

clearance by the clerk of the court for that citation upon

1463

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

1464

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

1465

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

1466

again be suspended for failure to comply.

1467

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

1468

infraction, punishable as a nonmoving violation as provided in

1469

chapter 318.

1470

     Section 31.  Section 322.17, Florida Statutes, is amended to

1471

read:

1472

     322.17 Replacement licenses and permits Duplicate and

1473

replacement certificates.--

1474

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

1475

license issued under the provisions of this chapter is lost or

1476

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

1477

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

1478

a replacement duplicate, or substitute thereof, upon furnishing

1479

proof satisfactory to the department that such permit or license

1480

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

1481

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

1482

satisfactory to the department, and proof of identity

1483

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

1484

this paragraph shall go to the Highway Safety Operating Trust

1485

Fund of the department.

1486

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

1487

license issued under the provisions of this chapter is stolen,

1488

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

1489

a replacement duplicate, or substitute thereof, upon furnishing

1490

proof satisfactory to the department that such permit or license

1491

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

1492

sex, residence and mailing address, proof of birth satisfactory

1493

to the department, and proof of identity satisfactory to the

1494

department.

1495

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

1496

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

1497

replacement fee, the department shall issue a replacement license

1498

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

1499

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

1500

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

1501

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

1502

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

1503

subsection shall go to the Highway Safety Operating Trust Fund of

1504

the department.

1505

     (3)  Notwithstanding any other provisions of this chapter,

1506

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

1507

license using an identification document authorized under s.

1508

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

1509

not obtain a duplicate or replacement instruction permit or

1510

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

1511

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

1512

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

1513

     Section 32.  Section 322.18, Florida Statutes, is amended to

1514

read:

1515

     322.18  Original applications, licenses, and renewals;

1516

expiration of licenses; delinquent licenses.--

1517

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

1518

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

1519

successfully passes the required examinations and presents the

1520

application to the department.

1521

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

1522

examination requirement if the applicant is otherwise qualified

1523

and surrenders a valid license issued by another state, a

1524

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

1525

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

1526

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

1527

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

1528

driver's license, as follows:

1529

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

1530

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

1531

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

1532

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

1533

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

1534

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

1535

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

1536

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

1537

issue.

1538

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

1539

applying for a renewal issuance or renewal extension shall be

1540

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

1541

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

1542

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

1543

being renewed, except that a driver whose driving record reflects

1544

no convictions for the preceding 3 years shall be issued a

1545

driver's license or renewal extension sticker which expires at

1546

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

1547

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

1548

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

1549

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

1550

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

1551

after the month of expiration of the license being renewed.

1552

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

1553

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

1554

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

1555

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

1556

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

1557

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

1558

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

1559

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

1560

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

1561

322.08(2)(c)6. or 7., the driver's license shall expire 1 year 2

1562

years after the date of issuance or upon the expiration date

1563

cited on the United States Department of Homeland Security

1564

documents, whichever date first occurs.

1565

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

1566

applicant applying for an original or renewal issuance of a

1567

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

1568

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

1569

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

1570

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

1571

of expiration of the license being issued or renewed.

1572

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

1573

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

1574

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

1575

delinquent fee.

1576

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

1577

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

1578

upon the terms of issuance and shall be issued or renewed

1579

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

1580

322.21, and successful passage of any required examination,

1581

unless the department has reason to believe that the licensee is

1582

no longer qualified to receive a license.

1583

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

1584

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

1585

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

1586

license, upon an initial showing of such documentation, is

1587

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

1588

unless the renewal or duplication coincides with the periodic

1589

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

1590

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

1591

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

1592

using an identification document authorized under s.

1593

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

1594

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

1595

submission of an identification document authorized under s.

1596

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

1597

renewed under this paragraph expires 1 year 4 years after the

1598

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

1599

States Department of Homeland Security documents, whichever date

1600

first occurs.

1601

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

1602

applicant licensee has been determined to be eligible by the

1603

department.

1604

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

1605

who is at least 80 over 79 years of age:

1606

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

1607

any driver's license office; or

1608

     2. If the licensee applies for a renewal using a

1609

convenience service an extension by mail as provided in

1610

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

1611

administered by a physician licensed under chapter 458 or chapter

1612

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

1613

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

1614

the department and signed by such health care practitioner, and

1615

must meet vision standards that are equivalent to the standards

1616

for passing the departmental vision test. The physician or

1617

optometrist may submit the results of a vision test by a

1618

department-approved electronic means.

1619

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

1620

not submit an application for renewal extension under subsection

1621

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

1622

unless the results of a vision test have been electronically

1623

submitted in advance by the physician or optometrist.

1624

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

1625

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

1626

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

1627

on a form prepared and furnished by the department. The

1628

department shall make such forms available to the various

1629

examining offices throughout the state. Upon receipt of such

1630

application, the department shall issue a license or temporary

1631

permit to the applicant or shall advise the applicant that no

1632

license or temporary permit will be issued and advise the

1633

applicant of the reason for his or her ineligibility.

1634

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

1635

time within 12 months after the expiration date, with

1636

reexamination, if required, upon payment of the required

1637

delinquent fee or taking and passing the written examination. If

1638

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

1639

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

1640

renewal period shall be extended to midnight of the next regular

1641

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

1642

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

1643

qualified to receive a license.

1644

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

1645

privilege is under suspension or revocation.

1646

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

1647

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

1648

electronic, or telephonic means without reexamination to drivers

1649

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

1650

6-year renewals using a convenience service when the applicant

1651

has satisfied the requirements of subsection (5).

1652

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

1653

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

1654

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

1655

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

1656

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

1657

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

1658

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

1659

322.21 to the department using a convenience service by mail,

1660

electronically, or telephonically within the 30 days preceding

1661

the licensee's birthday for a license extension. License

1662

extensions shall not be available to drivers directed to appear

1663

for in-person renewal.

1664

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

1665

payment of the required fees, and upon determining that the

1666

licensee is still eligible for renewal, the department shall send

1667

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

1668

expiring license as evidence that the license term has been

1669

extended.

1670

     (c) The department shall issue one renewal using a

1671

convenience service license extensions for two consecutive

1672

license expirations only. Upon expiration of two consecutive

1673

license extension periods, in-person renewal with reexamination

1674

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

1675

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

1676

day temporary driving permit without reexamination. At the end of

1677

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

1678

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

1679

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

1680

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

1681

be available to drivers whose records indicate they were directed

1682

to apply for a license extension.

1683

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

1684

stolen, fictitious, counterfeit, or unlawfully issued license

1685

extension sticker, unless possession by such person has been duly

1686

authorized by the department, commits a misdemeanor of the second

1687

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

1688

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

1689

equitable distribution of license extensions and renewals and the

1690

orderly implementation of this section.

1691

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

1692

renewal extension shall include language permitting a voluntary

1693

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

1694

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

1695

organization, to prevent blindness and preserve the sight of the

1696

residents of this state. A statement providing an explanation of

1697

the purpose of the funds shall be included with the application

1698

form.

1699

     (b)  Prior to the department distributing the funds

1700

collected pursuant to paragraph (a), Prevent Blindness Florida

1701

must submit a report to the department that identifies how such

1702

funds were used during the preceding year.

1703

     Section 33.  Subsections (2) and (4) of section 322.19,

1704

Florida Statutes, are amended to read:

1705

     322.19  Change of address or name.--

1706

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

1707

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

1708

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

1709

either obtain a replacement license that reflects the change or

1710

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

1711

request to the department must include the old and new addresses

1712

and the driver's license number.

1713

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

1714

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

1715

using an identification document authorized under s.

1716

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

1717

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

1718

submission of an identification document authorized under s.

1719

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

1720

     Section 34.  Subsection (1) of section 322.21, Florida

1721

Statutes, is amended to read:

1722

     322.21  License fees; procedure for handling and collecting

1723

fees.--

1724

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

1725

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

1726

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

1727

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

1728

training and is applying for employment or is currently employed

1729

in a public or nonpublic school system that requires the

1730

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

1731

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

1732

renewal made not more than 12 months after the license expiration

1733

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

1734

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

1735

Highway Safety Operating Trust Fund for the general operations of

1736

the department.

1737

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

1738

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

1739

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

1740

applying for employment or is currently employed in a public or

1741

nonpublic school system that requires a commercial driver

1742

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

1743

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

1744

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

1745

Operating Trust Fund for the general operations of the

1746

department.

1747

     (c)  The renewal or extension of a Class E driver's license

1748

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

1749

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

1750

or extension made not more than 12 months after the license

1751

expiration date. The fee provided in this paragraph shall include

1752

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

1753

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

1754

remaining $5 shall be deposited into the Highway Safety Operating

1755

Trust Fund for the general operations of the department.

1756

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

1757

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

1758

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

1759

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

1760

be deposited into the Highway Safety Operating Trust Fund for the

1761

general operations of the department.

1762

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

1763

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

1764

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

1765

the Highway Safety Operating Trust Fund for the general

1766

operations of the department.

1767

     (f) An original or renewal identification card issued

1768

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

1769

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

1770

be deposited in the Highway Safety Operating Trust Fund for the

1771

general operations of the department.

1772

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

1773

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

1774

The remaining $2 shall be deposited into the Highway Safety

1775

Operating Trust Fund for the general operations of the

1776

department.

1777

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

1778

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

1779

reflect the cost of the required criminal history check,

1780

including the cost of the state and federal fingerprint check,

1781

and the cost to the department of providing and issuing the

1782

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

1783

deposited in the Highway Safety Operating Trust Fund. The

1784

department may adopt rules to administer this section.

1785

     Section 35.  Subsection (3) of section 322.2715, Florida

1786

Statutes, is amended to read:

1787

     322.2715  Ignition interlock device.--

1788

     (3)  If the person is convicted of:

1789

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

1790

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

1791

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

1792

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

1793

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

1794

age, the person shall have the ignition interlock device

1795

installed for 6 continuous months for the first offense and for

1796

at least 2 continuous years for a second offense.

1797

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

1798

ignition interlock device shall be installed for a period of not

1799

less than 1 continuous year.

1800

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

1801

occurs within 10 years after a prior conviction for a violation

1802

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

1803

for a period of not less than 2 continuous years.

1804

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

1805

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

1806

the ignition interlock device shall be installed for a period of

1807

not less than 2 continuous years.

1808

     Section 36.  Section 322.291, Florida Statutes, is amended

1809

to read:

1810

     322.291  Driver improvement schools or DUI programs;

1811

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

1812

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

1813

     (1)  Whose driving privilege has been revoked:

1814

     (a)  Upon conviction for:

1815

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

1816

vehicle while under the influence of alcoholic beverages, any

1817

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

1818

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

1819

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

1820

     3.  Manslaughter resulting from the operation of a motor

1821

vehicle;

1822

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

1823

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

1824

resulting in the death or personal injury of another;

1825

     5.  Reckless driving; or

1826

     (b)  As an habitual offender;

1827

     (c)  Upon direction of the court, if the court feels that

1828

the seriousness of the offense and the circumstances surrounding

1829

the conviction warrant the revocation of the licensee's driving

1830

privilege; or

1831

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

1832

suspended for driving with an unlawful blood-alcohol level of

1833

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

1834

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

1835

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

1836

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

1837

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

1838

1839

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

1840

the department proof of enrollment in a department-approved

1841

advanced driver improvement course operating pursuant to s.

1842

318.1451 or a substance abuse education course conducted by a DUI

1843

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

1844

psychosocial evaluation and treatment, if referred. Additionally,

1845

for a third or subsequent violation involving the required use of

1846

an ignition interlock device, the person shall be required to

1847

complete treatment as determined by a licensed treatment agency

1848

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

1849

the requirement to use an ignition interlock device extended for

1850

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

1851

If the person fails to complete such course or evaluation within

1852

90 days after reinstatement, or subsequently fails to complete

1853

treatment, if referred, the DUI program shall notify the

1854

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

1855

department shall cancel the offender's driving privilege,

1856

notwithstanding the expiration of the suspension or revocation of

1857

the driving privilege. The department may temporarily reinstate

1858

the driving privilege upon verification from the DUI program that

1859

the offender has completed the education course and evaluation

1860

requirement and has reentered and is currently participating in

1861

treatment. If the DUI program notifies the department of the

1862

second failure to complete treatment, the department shall

1863

reinstate the driving privilege only after notice of completion

1864

of treatment from the DUI program.

1865

     Section 37.  Section 322.36, Florida Statutes, is amended to

1866

read:

1867

     322.36 Permitting unauthorized operator to drive.--A No

1868

person may not shall authorize or knowingly permit a motor

1869

vehicle owned by him or her or under his or her dominion or

1870

control to be operated upon any highway or public street except

1871

by a person who is persons duly authorized to operate a motor

1872

vehicle vehicles under the provisions of this chapter. Any person

1873

who violates violating this section commits provision is guilty

1874

of a misdemeanor of the second degree, punishable as provided in

1875

s. 775.082 or s. 775.083. If a person violates this section by

1876

knowingly loaning a vehicle to a person whose driver's license is

1877

suspended and if that vehicle is involved in an accident

1878

resulting in bodily injury or death, the driver's license of the

1879

person violating this section shall be suspended for 1 year.

1880

     Section 38. Section 322.60, Florida Statutes, is repealed.

1881

     Section 39.  Subsections (1), (2), (3), (4), (5), and (6) of

1882

section 322.61, Florida Statutes, are amended to read:

1883

     322.61  Disqualification from operating a commercial motor

1884

vehicle.--

1885

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

1886

period, is convicted of two of the following serious traffic

1887

violations or any combination thereof, arising in separate

1888

incidents committed in a commercial motor vehicle shall, in

1889

addition to any other applicable penalties, be disqualified from

1890

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

1891

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

1892

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

1893

following serious traffic violations, or any combination thereof,

1894

arising in separate incidents committed in a noncommercial motor

1895

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

1896

disqualified from operating a commercial motor vehicle for a

1897

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

1898

revocation, or cancellation of the licenseholder's driving

1899

privilege:

1900

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

1901

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

1902

violation, or a vehicle equipment violation, arising in

1903

connection with a crash resulting in death or personal injury to

1904

any person;

1905

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

1906

     (c)  Careless driving, as defined in s. 316.1925;

1907

     (d)  Fleeing or attempting to elude a law enforcement

1908

officer, as defined in s. 316.1935;

1909

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

1910

posted speed limit;

1911

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

1912

person, which is not properly insured;

1913

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

1914

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

1915

     (i)  Driving a commercial vehicle without obtaining a

1916

commercial driver's license;

1917

     (j)  Driving a commercial vehicle without the proper class

1918

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

1919

or

1920

     (k)  Driving a commercial vehicle without a commercial

1921

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

1922

individual who provides proof to the clerk of the court or

1923

designated official in the jurisdiction where the citation was

1924

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

1925

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

1926

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

1927

is not guilty of this offense.

1928

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

1929

year period, is convicted of three serious traffic violations

1930

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

1931

in separate incidents committed in a commercial motor vehicle

1932

shall, in addition to any other applicable penalties, including

1933

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

1934

disqualified from operating a commercial motor vehicle for a

1935

period of 120 days.

1936

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

1937

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

1938

three serious traffic violations specified in subsection (1) or

1939

any combination thereof arising in separate incidents committed

1940

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

1941

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

1942

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

1943

commercial motor vehicle for a period of 120 days if such

1944

convictions result in the suspension, revocation, or cancellation

1945

of the licenseholder's driving privilege.

1946

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

1947

is convicted of one of the following offenses listed in paragraph

1948

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

1949

to any other applicable penalties, be disqualified from operating

1950

a commercial motor vehicle for a period of 1 year:

1951

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

1952

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

1953

offenses listed in this paragraph while operating a noncommercial

1954

motor vehicle shall, in addition to any other applicable

1955

penalties, be disqualified from operating a commercial motor

1956

vehicle for a period of 1 year:

1957

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

1958

under the influence of alcohol or a controlled substance;

1959

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

1960

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

1961

percent or higher;

1962

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

1963

motor vehicle driven by such person;

1964

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

1965

a felony;

1966

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

1967

possession of a controlled substance;

1968

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

1969

alcohol concentration while driving a commercial motor vehicle;

1970

     7.(g) Driving a commercial vehicle while the

1971

licenseholder's commercial driver's license is suspended,

1972

revoked, or canceled or while the licenseholder is disqualified

1973

from driving a commercial vehicle; or

1974

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

1975

a commercial motor vehicle.

1976

     (4) Any person who is transporting hazardous materials as

1977

defined in s. 322.01(24) in a vehicle that is required to be

1978

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

1979

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

1980

be disqualified from operating a commercial motor vehicle for a

1981

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

1982

be in addition to any other applicable penalty.

1983

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

1984

in subsection (3) which were committed while operating a

1985

commercial motor vehicle, or any combination thereof, arising in

1986

separate incidents shall be permanently disqualified from

1987

operating a commercial motor vehicle. Any holder of a commercial

1988

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

1989

subsection (3) which were committed while operating a

1990

noncommercial motor vehicle, or any combination thereof, arising

1991

in separate incidents shall be permanently disqualified from

1992

operating a commercial motor vehicle. The penalty provided in

1993

this subsection is shall be in addition to any other applicable

1994

penalty.

1995

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

1996

person who uses a commercial motor vehicle in the commission of

1997

any felony involving the manufacture, distribution, or dispensing

1998

of a controlled substance, including possession with intent to

1999

manufacture, distribute, or dispense a controlled substance,

2000

shall, upon conviction of such felony, be permanently

2001

disqualified from operating a commercial motor vehicle.

2002

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

2003

commercial driver's license who uses a noncommercial motor

2004

vehicle in the commission of any felony involving the

2005

manufacture, distribution, or dispensing of a controlled

2006

substance, including possession with intent to manufacture,

2007

distribute, or dispense a controlled substance, shall, upon

2008

conviction of such felony, be permanently disqualified from

2009

operating a commercial motor vehicle. The penalty provided in

2010

this subsection is shall be in addition to any other applicable

2011

penalty.

2012

     Section 40.  Section 322.64, Florida Statutes, is amended to

2013

read:

2014

     322.64 Holder of commercial driver's license; persons

2015

operating a commercial motor vehicle; driving with unlawful

2016

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

2017

test.--

2018

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

2019

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

2020

commercial motor vehicle a person who while operating or in

2021

actual physical control of a commercial motor vehicle is arrested

2022

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

2023

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

2024

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

2025

arising out of the operation or actual physical control of a

2026

commercial motor vehicle. A law enforcement officer or

2027

correctional officer shall, on behalf of the department,

2028

disqualify the holder of a commercial driver's license from

2029

operating any commercial motor vehicle if the licenseholder,

2030

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

2031

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

2032

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

2033

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

2034

disqualification of the person, the officer shall take the

2035

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

2036

permit for the operation of noncommercial vehicles only if the

2037

person is otherwise eligible for the driving privilege and shall

2038

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

2039

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

2040

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

2041

agency employing the officer shall transmit such results to the

2042

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

2043

department then determines that the person was arrested for a

2044

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

2045

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

2046

shall disqualify the person from operating a commercial motor

2047

vehicle pursuant to subsection (3).

2048

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

2049

pursuant to, and the notice of disqualification shall inform the

2050

driver of, the following:

2051

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

2052

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

2053

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

2054

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

2055

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

2056

or

2057

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

2058

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

2059

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

2060

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

2061

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

2062

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

2063

her driving privilege has been previously disqualified under this

2064

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

2065

alcohol level and he or she is disqualified from operating a

2066

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

2067

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

2068

been disqualified, or his or her driving privilege has been

2069

previously suspended, for a violation of s. 316.193.

2070

     2.  The disqualification period for operating commercial

2071

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

2072

notice of disqualification, whichever is later.

2073

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

2074

the disqualification by the department within 10 days after the

2075

date of arrest or issuance of the notice of disqualification,

2076

whichever is later.

2077

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

2078

disqualification expires will expire at midnight of the 10th day

2079

following the date of disqualification.

2080

     5.  The driver may submit to the department any materials

2081

relevant to the disqualification arrest.

2082

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

2083

enforcement officer shall forward to the department, within 5

2084

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

2085

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

2086

disqualification, the driver's license of the person disqualified

2087

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

2088

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

2089

person disqualified arrested was operating or in actual physical

2090

control of a commercial motor vehicle, or holds a commercial

2091

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

2092

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

2093

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

2094

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

2095

officer or correctional officer and that the person arrested

2096

refused to submit; a copy of the notice of disqualification

2097

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

2098

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

2099

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

2100

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

2101

not affect the department's ability to consider any evidence

2102

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

2103

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

2104

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

2105

     (3)  If the department determines that the person arrested

2106

should be disqualified from operating a commercial motor vehicle

2107

pursuant to this section and if the notice of disqualification

2108

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

2109

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

2110

the department shall issue a notice of disqualification and,

2111

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

2112

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

2113

driver is otherwise eligible.

2114

     (4) If the person disqualified arrested requests an

2115

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

2116

shall conduct the informal review by a hearing officer employed

2117

by the department. Such informal review hearing shall consist

2118

solely of an examination by the department of the materials

2119

submitted by a law enforcement officer or correctional officer

2120

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

2121

officer or witness is not required.

2122

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

2123

department's decision sustaining, amending, or invalidating the

2124

disqualification must be provided to the person. Such notice must

2125

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

2126

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

2127

enforcement officer's report if such address differs from the

2128

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

2129

temporary permit issued pursuant to subsection (1) or subsection

2130

(3).

2131

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

2132

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

2133

within 30 days after such request is received by the department

2134

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

2135

hearing.

2136

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

2137

hearing officer employed by the department, and the hearing

2138

officer shall be authorized to administer oaths, examine

2139

witnesses and take testimony, receive relevant evidence, issue

2140

subpoenas for the officers and witnesses identified in documents

2141

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

2142

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

2143

department and the person disqualified arrested may subpoena

2144

witnesses, and the party requesting the presence of a witness

2145

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

2146

person who requests a formal review hearing fails to appear and

2147

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

2148

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

2149

conduct an informal review of the disqualification under

2150

subsection (4).

2151

     (c)  A party may seek enforcement of a subpoena under

2152

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

2153

court of the judicial circuit in which the person failing to

2154

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

2155

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

2156

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

2157

subpoena is being challenged.

2158

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

2159

review hearing, send notice to the person of the hearing

2160

officer's decision as to whether sufficient cause exists to

2161

sustain, amend, or invalidate the disqualification.

2162

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

2163

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

2164

shall determine by a preponderance of the evidence whether

2165

sufficient cause exists to sustain, amend, or invalidate the

2166

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

2167

following issues:

2168

     (a)  If the person was disqualified from operating a

2169

commercial motor vehicle for driving with an unlawful blood-

2170

alcohol level in violation of s. 316.193:

2171

     1.  Whether the arresting law enforcement officer had

2172

probable cause to believe that the person was driving or in

2173

actual physical control of a commercial motor vehicle, or any

2174

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

2175

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

2176

substances, or controlled substances in his or her body.

2177

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

2178