Florida Senate - 2008 CS for CS for CS for SB 1992
By the Committees on Transportation and Economic Development Appropriations; Criminal Justice; Transportation; and Senator Baker
606-07358B-08 20081992c3
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A bill to be entitled
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An act relating to the Department of Highway Safety and
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Motor Vehicles; amending s. 316.0741, F.S.; redefining the
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term "hybrid vehicle"; authorizing the driving of a
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hybrid, low-emission, or energy-efficient vehicle in a
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high-occupancy-vehicle lane regardless of occupancy;
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authorizing the department to limit or discontinue such
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driving under certain circumstances; exempting such
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vehicles from the payment of certain tolls; amending s.
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316.1575, F.S.; requiring a person walking or driving a
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vehicle to stop at a railroad crossing upon the signal of
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a law enforcement officer; amending s. 316.1895, F.S.;
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requiring the placement of signs in certain school zones
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stating that speeding fines are doubled within the zone;
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amending s. 316.191, F.S.; revising provisions prohibiting
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certain speed competitions and exhibitions; revising the
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definition of the terms "conviction," "drag race," and
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"race"; defining the terms "exhibition of acceleration,"
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"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
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spectator at any such race, drag race, or exhibition;
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providing criminal and noncriminal penalties; providing
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for revocation of the offender's driver's license upon
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conviction; providing for disposition of citation for
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being a spectator; providing penalties for a second or
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subsequent offense; providing that a violation that causes
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or contributes to causing serious bodily injury to another
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is a felony of the third degree; providing that a
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violation that causes or contributes to causing the death
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of any human being or unborn quick child is the crime of
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manslaughter resulting from the operation of a motor
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vehicle; providing penalties; providing for a
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determination of the definition of the term "unborn quick
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child"; requiring that the driving record of a person
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charged be provided to the court; providing criteria for
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arrest; providing procedures for impoundment or
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immobilization of a motor vehicle under a court order;
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providing for release from impoundment under specified
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exceptions; requiring that costs and fees of impoundment
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to be paid by the owner or lessee of the motor vehicle;
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providing procedures for an arresting officer to
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immediately impound a motor vehicle used in a violation;
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providing for the period of impoundment; removing a
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requirement for impoundment that the person being arrested
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is the registered owner or coowner of the motor vehicle;
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providing for satisfaction of the element of negligent
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entrustment; providing for severability; providing
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noncriminal penalties for the display of obscene words,
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images, or devices on a motor vehicle; creating s.
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316.1926, F.S.; creating additional offenses regarding the
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operation of a motor vehicle; amending s. 316.193, F.S.;
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lowering the blood-alcohol or breath-alcohol level for
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which enhanced penalties are imposed against a person who
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was accompanied in the vehicle by a minor at the time of
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the offense; clarifying that an ignition interlock device
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is installed for a continuous period; amending s.
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316.1937, F.S.; revising the conditions under which the
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court may require the use of an ignition interlock device;
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amending s. 316.2085, F.S.; requiring an operator of a
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motorcycle or moped to maintain both wheels on the ground
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at all times; requiring that the license tag of a
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motorcycle or moped be affixed horizontally; amending s.
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316.2397, F.S.; authorizing specified agencies to display
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blue lights when responding to emergencies; amending s.
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316.251, F.S.; conforming a cross-reference; amending s.
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316.29545, F.S.; exempting certain investigative vehicles
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from the prohibition against installing window
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sunscreening on a vehicle; amending s. 316.302, F.S.;
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revising the application of certain federal rules;
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providing for the department to perform certain duties
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assigned under federal rules; updating a reference to
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federal provisions governing out-of-service requirements
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for commercial vehicles; amending s. 316.3045, F.S.;
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providing enhanced penalties upon multiple convictions for
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violating prohibitions against the use of excessively loud
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soundmaking equipment in a motor vehicle; amending s.
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316.613, F.S.; redefining the term "motor vehicle" to
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exclude certain trucks from the requirement to use a child
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restraint; amending s. 316.645, F.S.; authorizing a police
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officer to make an arrest upon probable cause of a
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violation of laws governing motor vehicle licenses;
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amending s. 316.650, F.S.; revising requirements for
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traffic citation forms; providing for the electronic
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transmission of citation data; amending s. 316.656, F.S.;
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lowering the percentage of blood or breath alcohol content
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relating to the prohibition against pleading guilty to a
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lesser offense of driving under the influence than the
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offense charged; amending s. 318.14, F.S.; prohibiting a
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person from electing more than five times within 10 years
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to attend a basic driver improvement course approved by
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the Department of Highway Safety and Motor Vehicles in
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lieu of making a court appearance; providing additional
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penalties for certain offenses involving the operation of
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a motorcycle or excessive speed; providing for revocation
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of an offender's privilege to operate a motor vehicle;
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creating s. 318.195, F.S.; providing enhanced penalties
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for moving violations that cause injury or death to a
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person on a motorcycle; amending s. 319.001, F.S.;
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defining the term "certificate of title" to include
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information stored electronically in the department's
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database; amending s. 320.0706, F.S.; providing that a
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violation of requirements for displaying a truck license
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plate is a moving violation; amending s. 320.0715, F.S.;
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requiring the department to withhold issuing or to suspend
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a registration and license plate for a commercial motor
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vehicle if the federal identifying number is not provided
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or if the motor carrier or vehicle owner has been
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prohibited from operating; amending s. 320.01, F.S.;
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redefining the term "motorcycle" to exclude a vehicle
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where the operator is enclosed by a cabin; amending s.
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320.02, F.S., as amended; deleting the requirement for a
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motorcycle endorsement at the time of original
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registration of a motorcycle, motor-driven cycle, or
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moped; repealing s. 320.02(13), F.S., relating to a motor
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vehicle registration voluntary contribution for the
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Election Campaign Financing Trust Fund; repealing s.
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320.08053(3), F.S., relating to provisions requiring that
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the department adopt rules providing certain
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specifications for the design of specialty license plates;
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amending s. 320.08056, F.S.; deleting a provision that
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exempts collegiate license plates from a requirement that
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a specialty license plate be discontinued if sales drop
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below a specified amount; amending s. 320.0894, F.S.;
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providing for the issuance of Gold Star license plates to
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certain family members; amending s. 320.27, F.S.; revising
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the insurance requirements for persons applying for a
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motor vehicle dealer license; amending s. 320.69, F.S.;
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authorizing the Department of Highway Safety and Motor
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Vehicles to adopt rules, including definitions as
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necessary; creating s. 321.26, F.S.; designating the
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Joseph P. Bertrand Building in Fort Myers; amending s.
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322.01, F.S.; defining the term "convenience service";
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redefining the terms "conviction," "hazardous materials,"
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and "out-of-service order"; amending s. 322.0255, F.S.;
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revising eligibility for reimbursement for organizations
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that conduct motorcycle safety courses; amending s.
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322.03, F.S.; deleting provisions exempting certain
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persons from the requirement to surrender a license issued
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by another jurisdiction; providing certain exceptions for
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F.S.; requiring that an applicant for an identification
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card or driver's license provide additional information;
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authorizing use of additional documents to prove identity;
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revising the fee requirements; revising provisions
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providing for the expiration of an identification card
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issued by the department; deleting provisions authorizing
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a voluntary contribution; amending s. 322.14, F.S.;
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requiring that an applicant for a driver's license provide
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a residence address; amending s. 322.15, F.S.; authorizing
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a law enforcement officer or authorized representative of
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the department to collect a person's fingerprints
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electronically; amending s. 322.17, F.S.; revising the
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requirements for obtaining a replacement license or
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permit; deleting provisions authorizing the department to
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issue address stickers; amending s. 322.18, F.S.; revising
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provisions providing for the expiration of driver's
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licenses; providing for the renewal of certain licenses
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every 8 years and for the renewal of licenses for persons
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older than a specified age every 6 years; providing for
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the renewal of licenses using a convenience service;
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requiring the department to issue new licenses rather than
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extension stickers; conforming cross-references; repealing
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s. 322.181(4), F.S., relating to the Florida At-Risk
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Driver Council; amending s. 322.19, F.S.; deleting
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provisions authorizing the use of a change-of-address
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sticker on a driver's license; conforming cross-
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references; amending s. 322.21, F.S.; increasing the fees
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charged for obtaining a new or renewal driver's license or
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identification card; specifying that a portion of the fees
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be deposited for use by the department; amending s.
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322.2715, F.S.; clarifying that an ignition interlock
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device is installed for a continuous period; amending s.
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322.291, F.S.; imposing additional sanctions against a
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person who violates requirements with respect to an
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ignition interlock device; amending s. 322.36, F.S.;
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requiring the suspension for a specified period of the
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driver's license of a person who loans a vehicle to a
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person whose driver's license is suspended if that vehicle
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is involved in an accident resulting in bodily injury or
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death; repealing s. 322.60, F.S., relating to a
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prohibition against possessing more than one driver's
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license under certain circumstances; amending s. 322.61,
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F.S.; clarifying provisions disqualifying a person from
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operating a commercial motor vehicle following certain
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traffic violations; providing for permanent
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disqualification following conviction of a felony
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involving the manufacture, distribution, or dispensing of
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a controlled substance; amending s. 322.64, F.S.;
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providing that refusal to submit to a breath, urine, or
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blood test disqualifies a person from operating a
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commercial motor vehicle; providing a period of
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disqualification if a person has an unlawful blood-alcohol
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or breath-alcohol level; providing for issuance of a
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notice of disqualification; revising the requirements for
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a formal review hearing following a person's
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disqualification from operating a commercial motor
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vehicle; amending s. 324.021, F.S.; clarifying that a
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judgment becomes final by expiration of the time for
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appeal; amending 501.976, F.S.; conforming a cross-
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reference; creating the Automobile Lenders Industry Task
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Force within the Department of Highway Safety and Motor
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Vehicles; providing duties of the task force; providing
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for membership and the election of officers; providing for
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meetings; providing for reimbursement for travel and per
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diem expenses for public-sector members; requiring the
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department to provide administrative support and
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assistance to the task force; prohibiting the Department
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of Highway Safety and Motor Vehicles from issuing any new
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specialty license plates for a specified period; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 316.0741, Florida Statutes, is amended
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to read:
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316.0741 High-occupancy-vehicle High occupancy vehicle
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lanes.--
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(1) As used in this section, the term:
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(a) "High-occupancy-vehicle "High occupancy vehicle lane"
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or "HOV lane" means a lane of a public roadway designated for use
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by vehicles in which there is more than one occupant unless
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otherwise authorized by federal law.
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(b) "Hybrid vehicle" means a motor vehicle that:
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1. Draws propulsion energy from onboard sources of stored
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energy which are both an internal combustion or heat engine using
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combustible fuel and a rechargeable energy-storage system; and
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2. In the case of a passenger automobile or light truck,
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has received a certificate of conformity under the Clean Air Act,
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42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent
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qualifying California standards for a low-emission vehicle.
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(2) The number of persons that must be in a vehicle to
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qualify for legal use of the HOV lane and the hours during which
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the lane will serve as an HOV lane, if it is not designated as
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such on a full-time basis, must also be indicated on a traffic
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control device.
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(3) Except as provided in subsection (4), a vehicle may not
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be driven in an HOV lane if the vehicle is occupied by fewer than
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the number of occupants indicated by a traffic control device. A
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driver who violates this section shall be cited for a moving
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violation, punishable as provided in chapter 318.
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(4)(a) Notwithstanding any other provision of this section,
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an inherently low-emission vehicle (ILEV) that is certified and
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labeled in accordance with federal regulations may be driven in
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an HOV lane at any time, regardless of its occupancy. In
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addition, upon the state's receipt of written notice from the
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proper federal regulatory agency authorizing such use, a vehicle
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defined as a hybrid vehicle under this section may be driven in
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an HOV lane at any time, regardless of its occupancy.
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(b) All eligible hybrid and all other eligible low-emission
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and energy-efficient vehicles driven in an HOV lane must comply
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with the minimum fuel economy standards in 23 U.S.C. s.
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166(f)(3)(B).
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(c) The eligibility of hybrid and other low-emission and
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energy-efficient vehicles for operation in an HOV lane regardless
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of occupancy shall be determined in accordance with the
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applicable final rule issued by the United State Environmental
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Protection Agency pursuant to 23 U.S.C. s. 166(e) and shall take
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effect on the effective date of the rule.
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(5) The department shall issue a decal and registration
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certificate, to be renewed annually, reflecting the HOV lane
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designation on such vehicles meeting the criteria in subsection
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(4) and authorizing driving in an HOV lane at any time such use.
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The department may charge a fee for a decal, not to exceed the
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costs of designing, producing, and distributing each decal, or
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$5, whichever is less. The proceeds from sale of the decals shall
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be deposited in the Highway Safety Operating Trust Fund. The
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department may, for reasons of operation and management of HOV
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facilities, limit or discontinue issuance of decals for the use
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of HOV facilities by hybrid, low-emission, and energy-efficient
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vehicles regardless of occupancy if it has been determined by the
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Department of Transportation that the facilities are degraded as
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defined by 23 U.S.C. s. 166(d)(2).
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(6) Vehicles that have decals by virtue of compliance with
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the minimum fuel-economy standards under 23 U.S.C. s.
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166(f)(3)(B), and that are registered for use in high-occupancy
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toll lanes or express lanes in accordance with Department of
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Transportation rule, shall be allowed to use any HOV lanes
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redesignated as high-occupancy toll lanes or express lanes
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without payment of a toll.
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(5) As used in this section, the term "hybrid vehicle"
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means a motor vehicle:
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(a) That draws propulsion energy from onboard sources of
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stored energy which are both:
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1. An internal combustion or heat engine using combustible
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fuel; and
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2. A rechargeable energy storage system; and
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(b) That, in the case of a passenger automobile or light
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truck:
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1. Has received a certificate of conformity under the Clean
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Air Act, 42 U.S.C. ss. 7401 et seq.; and
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2. Meets or exceeds the equivalent qualifying California
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standards for a low-emission vehicle.
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(7)(6) The department of Transportation is authorized to
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may adopt rules necessary to implement and administer this
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section.
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Section 2. Subsection (1) of section 316.1575, Florida
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Statutes, is amended to read:
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316.1575 Obedience to traffic control devices at railroad-
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highway grade crossings.--
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(1) Any person walking or driving a vehicle and approaching
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a railroad-highway grade crossing under any of the circumstances
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stated in this section shall stop within 50 feet but not less
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than 15 feet from the nearest rail of such railroad and shall not
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proceed until he or she can do so safely. The foregoing
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requirements apply when:
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(a) A clearly visible electric or mechanical signal device
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gives warning of the immediate approach of a railroad train;
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(b) A crossing gate is lowered or a law enforcement officer
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or a human flagger gives or continues to give a signal of the
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approach or passage of a railroad train;
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(c) An approaching railroad train emits an audible signal
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or the railroad train, by reason of its speed or nearness to the
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crossing, is an immediate hazard; or
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(d) An approaching railroad train is plainly visible and is
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in hazardous proximity to the railroad-highway grade crossing,
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regardless of the type of traffic control devices installed at
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the crossing.
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Section 3. Effective July 1, 2008, subsection (6) of
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section 316.1895, Florida Statutes, is amended to read:
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316.1895 Establishment of school speed zones, enforcement;
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designation.--
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(6) Permanent signs designating school zones and school
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zone speed limits shall be uniform in size and color, and shall
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have the times during which the restrictive speed limit is
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enforced clearly designated thereon. Flashing beacons activated
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by a time clock, or other automatic device, or manually activated
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may be used as an alternative to posting the times during which
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the restrictive school speed limit is enforced. Beginning July 1,
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2008, for any newly established school zone or any school zone in
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which the signing has been replaced, a sign stating "Speeding
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Fines Doubled" shall be installed within the school zone. The
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Department of Transportation shall establish adequate standards
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for the signs and flashing beacons.
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Section 4. Section 316.191, Florida Statutes, is amended to
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read:
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316.191 Racing on highways.--
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(1) As used in this section, the term:
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(a) "Conviction" means a determination of guilt that is the
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result of a plea or trial, regardless of whether or not
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adjudication is withheld.
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(b) "Drag race" means the operation of two or more motor
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vehicles in competition, arising from a challenge to demonstrate
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superiority of a motor vehicle or driver and the acceptance or
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competitive response to that challenge, either through a prior
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arrangement or in immediate response, from a point side by side
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at accelerating speeds in a competitive attempt to outdistance
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each other, or the operation of one or more motor vehicles over a
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common selected course, from the same point to the same point,
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for the purpose of comparing the relative speeds or power of
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acceleration of such motor vehicle or motor vehicles within a
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certain distance or time limit. A drag race may be prearranged or
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may occur through a competitive response to conduct on the part
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of one or more drivers which, under the totality of the
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circumstances, can reasonably be interpreted as a challenge to
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participate in a drag race.
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(c) "Exhibition of acceleration" means the use of a motor
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vehicle in a demonstration to another person or persons,
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including, but not limited to, any passenger of such motor
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vehicle or the driver or passenger of another motor vehicle, of
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the motor vehicle's ability to accelerate by a sudden increase in
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speed causing a tire to lose firm traction with, or burn, smoke,
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or squeal against, the road surface which results in the
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vehicle's continuous acceleration to a final speed that exceeds
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the posted or lawful speed limit.
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(d) "Exhibition of speed" means the use of a motor vehicle
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in a demonstration to another person or persons, including, but
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not limited to, any passenger of such motor vehicle or the driver
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or passenger of another motor vehicle, of the motor vehicle's
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speed or handling capabilities at a speed of at least double the
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posted or lawful speed limit or 100 miles per hour, whichever is
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less.
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(e)(c) "Race Racing" means the use of one or more motor
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vehicles in competition, arising from a challenge to demonstrate
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superiority of a motor vehicle or driver and the acceptance or
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competitive response to that challenge, either through a prior
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arrangement or in immediate response, in which the competitor
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attempts an attempt to outgain or outdistance another motor
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vehicle, to prevent another motor vehicle from passing, to arrive
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at a given destination ahead of another motor vehicle or motor
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vehicles, or to test the physical stamina or endurance of drivers
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over long-distance driving routes. A race may be prearranged or
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may occur through a competitive response to conduct on the part
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of one or more drivers which, under the totality of the
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circumstances, can reasonably be interpreted as a challenge to
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race.
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(f) "Spectator" means any person who is knowingly present
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at and views an illegal race, drag race, or exhibition when such
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presence is the result of an affirmative choice to attend or
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participate in the race or exhibition. For purposes of
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determining whether or not an individual is a spectator, finders
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of fact shall consider the relationship between the racer and the
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individual, evidence of gambling or betting on the outcome of the
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race, and any other factor that would tend to show knowing
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attendance or participation.
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(2)(a) A person operating or in actual physical control of
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a motor vehicle, including any motorcycle, on any street or
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highway or publicly accessible parking lot may not:
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1. Drive any motor vehicle, including any motorcycle, in
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any race;,
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2. Drive in any speed competition or contest, drag race; or
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acceleration contest, test of physical endurance, or
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3. Drive in any exhibition of speed; or
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4. Drive in any exhibition of acceleration. or for the
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purpose of making a speed record on any highway, roadway, or
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parking lot;
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(b) A person may not:
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1.2. In any manner knowingly participate in, coordinate,
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facilitate, or collect moneys at any location for any such race,
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drag race competition, contest, test, or exhibition prohibited
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under paragraph (a);
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2.3. Knowingly ride as a passenger in any such race, drag
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race competition, contest, test, or exhibition prohibited under
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paragraph (a); or
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3.4. Knowingly Purposefully cause the movement of traffic
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to slow or stop for any such race, drag race competition,
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contest, test, or exhibition prohibited under paragraph (a).
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(c) A person may not be a spectator at any such race, drag
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race, or exhibition prohibited under paragraph (a).
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(3)(a) Any person who violates any provision of this
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paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of the
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second first degree, punishable as provided in s. 775.082 or s.
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775.083. Any person who violates any provision of this paragraph
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(2)(a) or paragraph (2)(b) shall pay a fine of not less than $250
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$500 and not more than $500 $1,000, and the court shall revoke
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the driver's license of a person so convicted for 2 years
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regardless of whether or not adjudication is withheld and the
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department shall revoke the driver license of a person so
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convicted for 1 year. A hearing may be requested pursuant to s.
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(b) Any person who violates the provisions of paragraph
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(2)(c) commits a noncriminal traffic violation, punishable as a
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moving violation as provided in chapter 318.
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(c)(b) Any person who violates any provision of paragraph
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(2)(a) or paragraph (2)(b) within 5 years after the date of a
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prior violation that resulted in a conviction for a violation of
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paragraph (2)(a) or paragraph (2)(b) this subsection commits a
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misdemeanor of the first degree, punishable as provided in s.
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and not more than $1,000. In any second or subsequent conviction,
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the court may not withhold adjudication of guilt and shall revoke
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the driver's license of that person for 5 years. The department
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shall also revoke the driver license of that person for 2 years.
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A hearing may be requested pursuant to s. 322.271.
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(d) Any person who violates any provision of paragraph
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(2)(a) or paragraph (2)(b) and by reason of such violation causes
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or in any way contributes to causing damage to the property or
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person of another commits a misdemeanor of the first degree,
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a fine of not less than $500 and not more than $1,000, and the
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court shall revoke the driver's license of a person so convicted
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for 2 years regardless of whether or not adjudication is
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withheld. A hearing may be requested pursuant to s. 322.271.
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(e) Any person who violates any provision of paragraph
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(2)(a) or paragraph (2)(b) and by reason of such violation causes
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or in any way contributes to causing serious bodily injury to
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another, as defined in s. 316.1933, commits a felony of the third
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775.084, and shall pay a fine of not less than $1,000.
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(f) Any person who violates any provision of paragraph
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(2)(a) or paragraph (2)(b) and by reason of such violation causes
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or in any way contributes to causing the death of any human being
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or unborn quick child commits the crime of manslaughter resulting
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from the operation of a motor vehicle. In any conviction under
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this paragraph, the court may not withhold adjudication of guilt
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and shall permanently revoke the driver's license of a person so
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convicted. A hearing may be requested pursuant to s. 322.271. A
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person so convicted commits:
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1. A felony of the second degree, punishable as provided in
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not less than $5,000; or
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2. A felony of the first degree, punishable as provided in
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not less than $5,000, if:
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a. At the time of the crash, the person knew, or should
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have known, that the crash occurred; and
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b. The person failed to give information and render aid as
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required by s. 316.062.
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For purposes of this paragraph, the definition of the term
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"unborn quick child" shall be determined in accordance with the
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definition of viable fetus as set forth in s. 782.071. A person
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who is convicted of manslaughter resulting from the operation of
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a motor vehicle shall be sentenced to a mandatory minimum term of
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imprisonment of 4 years.
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(4)(c) In any case charging a violation of paragraph (2)(a)
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or paragraph (2)(b), the court shall be provided a copy of the
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driving record of the person charged and may obtain any records
491
from any other source to determine if one or more prior
492
convictions of the person for violation of paragraph (2)(a) or
493
paragraph (2)(b) have occurred within 5 years prior to the
494
charged offense; however, at trial, proof of such prior
495
conviction must be made by a certified copy of any prior judgment
496
of conviction or judgment withholding adjudication of guilt.
497
(5)(a)(3) Whenever a law enforcement officer determines
498
that a person has committed a violation of paragraph (2)(a) or
499
paragraph (2)(b) was engaged in a drag race or race, as described
500
in subsection (1), the officer may immediately arrest and take
501
such person into custody, consistent with constitutional
502
requirements, regardless of whether or not the offense was
503
committed in the presence of the officer or whether the officer's
504
determination is based upon information provided by anonymous
505
tipsters, citizen informants, or any other source. The court may
506
enter an order of impoundment or immobilization as a condition of
507
incarceration or probation. Within 7 business days after the date
508
the court issues the order of impoundment or immobilization, the
509
clerk of the court must send notice by certified mail, return
510
receipt requested, to the registered owner of the motor vehicle,
511
if the registered owner is a person other than the defendant, and
512
to each person of record claiming a lien against the motor
513
vehicle.
514
(b)(a) Notwithstanding any provision of law to the
515
contrary, the impounding agency shall release a motor vehicle
516
under the conditions provided in s. 316.193(6)(e) and, (f), (g),
517
and (h), if the owner or agent presents a valid driver license at
518
the time of pickup of the motor vehicle.
519
(c)(b) All costs and fees for the impoundment or
520
immobilization, including the cost of notification, must be paid
521
by the owner of the motor vehicle or, if the motor vehicle is
522
leased or rented, by the person leasing or renting the motor
523
vehicle, unless the impoundment or immobilization order is
524
dismissed. All provisions of s. 713.78 shall apply.
525
(d)(c) Any motor vehicle used in violation of subsection
526
(2) may be impounded for a period of 30 10 business days if a law
527
enforcement officer has arrested and taken a person into custody
528
pursuant to this subsection and the person being arrested is the
529
registered owner or coowner of the motor vehicle. If the
530
arresting officer finds that the criteria of this paragraph are
531
met, the officer may immediately impound the motor vehicle. The
532
law enforcement officer shall notify the Department of Highway
533
Safety and Motor Vehicles of any impoundment for violation of
534
this subsection in accordance with procedures established by the
535
department. The provisions of paragraphs (b) (a) and (c) (b)
536
shall be applicable to such impoundment.
537
(4) Any motor vehicle used in violation of subsection (2)
538
by any person within 5 years after the date of a prior conviction
539
of that person for a violation under subsection (2) may be seized
540
and forfeited as provided by the Florida Contraband Forfeiture
541
Act. This subsection shall only be applicable if the owner of the
542
motor vehicle is the person charged with violation of subsection
543
(2).
544
(6)(5) This section does not apply to licensed or duly
545
authorized racetracks, drag strips, or other designated areas set
546
aside by proper authorities for such purposes.
547
(7) If any provision of this section is deemed
548
unconstitutional by any court, such unconstitutional provision
549
shall be deemed severable and such determination shall not affect
550
the enforceability of all remaining constitutional provisions of
551
this section.
552
Section 5. Whoever willfully displays on a vehicle an
553
obscene word, image, or device, including, but not limited to,
554
reproductive glands, commits a noncriminal traffic violation,
555
punishable as a moving violation as provided in chapter 318,
556
Florida Statutes.
557
Section 6. Section 316.1926, Florida Statutes, is created
558
to read:
559
316.1926 Additional offenses.--
560
(1) A person who violates the provisions of s. 316.2085(2)
561
or (3) shall be cited for a moving violation, punishable as
562
provided in chapter 318.
563
(2) A person who exceeds a speed limit of 50 miles per hour
565
shall be cited for a moving violation, punishable as provided in
566
chapter 318.
567
Section 7. Subsection (4) of section 316.193, Florida
568
Statutes, is amended to read:
569
316.193 Driving under the influence; penalties.--
570
(4) Any person who is convicted of a violation of
571
subsection (1) and who has a blood-alcohol level or breath-
572
alcohol level of 0.15 0.20 or higher, or any person who is
573
convicted of a violation of subsection (1) and who at the time of
574
the offense was accompanied in the vehicle by a person under the
575
age of 18 years, shall be punished:
576
(a) By a fine of:
577
1. Not less than $500 or more than $1,000 for a first
578
conviction.
579
2. Not less than $1,000 or more than $2,000 for a second
580
conviction.
581
3. Not less than $2,000 for a third or subsequent
582
conviction.
583
(b) By imprisonment for:
584
1. Not more than 9 months for a first conviction.
585
2. Not more than 12 months for a second conviction.
586
587
For the purposes of this subsection, only the instant offense is
588
required to be a violation of subsection (1) by a person who has
589
a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
590
higher.
591
(c) In addition to the penalties in paragraphs (a) and (b),
592
the court shall order the mandatory placement, at the convicted
593
person's sole expense, of an ignition interlock device approved
594
by the department in accordance with s. 316.1938 upon all
595
vehicles that are individually or jointly leased or owned and
596
routinely operated by the convicted person for not less than up
597
to 6 continuous months for the first offense and for not less
598
than at least 2 continuous years for a second offense, when the
599
convicted person qualifies for a permanent or restricted license.
600
The installation of such device may not occur before July 1,
601
2003.
602
Section 8. Subsection (1) of section 316.1937, Florida
603
Statutes, is amended to read:
604
316.1937 Ignition interlock devices, requiring; unlawful
605
acts.--
606
(1) In addition to any other authorized penalties, the
607
court may require that any person who is convicted of driving
608
under the influence in violation of s. 316.193 shall not operate
609
a motor vehicle unless that vehicle is equipped with a
610
functioning ignition interlock device certified by the department
611
as provided in s. 316.1938, and installed in such a manner that
612
the vehicle will not start if the operator's blood alcohol level
613
is in excess of 0.05 percent or as otherwise specified by the
614
court. The court may require the use of an approved ignition
615
interlock device for a period of not less than 6 continuous
616
months, if the person is permitted to operate a motor vehicle,
617
whether or not the privilege to operate a motor vehicle is
618
restricted, as determined by the court. The court, however, shall
619
order placement of an ignition interlock device in those
620
circumstances required by s. 316.193.
621
Section 9. Subsection (2) of section 316.2085, Florida
622
Statutes, is amended, subsections (3) through (6) of that section
623
are renumbered as subsections (4) through (7), respectively, and
624
a new subsection (3) is added to that section, to read:
625
316.2085 Riding on motorcycles or mopeds.--
626
(2) A person shall ride upon a motorcycle or moped only
627
while sitting astride the seat, with both wheels on the ground at
628
all times, facing forward, and with one leg on each side of the
629
motorcycle or moped. However, it is not a violation of this
630
subsection if the wheels of a motorcycle or moped lose contact
631
with the ground briefly due to the condition of the road surface
632
or other circumstances beyond the control of the operator.
633
(3) The license tag of a motorcycle or moped must be
634
permanently affixed horizontally to the ground and may not be
635
adjustable or capable of being flipped up.
636
Section 10. Subsections (1) and (2) of section 316.2397,
637
Florida Statutes, are amended to read:
638
316.2397 Certain lights prohibited; exceptions.--
639
(1) A No person may not shall drive or move or cause to be
640
moved any vehicle or equipment upon any highway within this state
641
with any lamp or device thereon showing or displaying a red or
642
blue light visible from directly in front thereof except for
643
certain vehicles hereinafter provided.
644
(2) It is expressly prohibited for any vehicle or
645
equipment, except police vehicles, to show or display blue
646
lights. However, vehicles owned, operated, or leased by the
647
Department of Corrections or any county correctional agency may
648
show or display blue lights when responding to emergencies.
649
Section 11. Subsection (2) of section 316.251, Florida
650
Statutes, is amended to read:
651
316.251 Maximum bumper heights.--
652
(2) "New motor vehicles" as defined in s. 319.001(9) s.
654
"horseless carriages" as defined in s. 320.086, and "street rods"
655
as defined in s. 320.0863 shall be excluded from the requirements
656
of this section.
657
Section 12. Section 316.29545, Florida Statutes, is amended
658
to read:
659
316.29545 Window sunscreening exclusions; medical
660
exemption; certain law enforcement vehicles exempt; certain
661
investigative vehicles exempt.--
662
(1) The department shall issue medical exemption
663
certificates to persons who are afflicted with Lupus or similar
664
medical conditions which require a limited exposure to light,
665
which certificates shall entitle the person to whom the
666
certificate is issued to have sunscreening material on the
667
windshield, side windows, and windows behind the driver which is
669
department shall provide, by rule, for the form of the medical
670
certificate authorized by this section. At a minimum, the medical
671
exemption certificate shall include a vehicle description with
672
the make, model, year, vehicle identification number, medical
673
exemption decal number issued for the vehicle, and the name of
674
the person or persons who are the registered owners of the
675
vehicle. A medical exemption certificate shall be nontransferable
676
and shall become null and void upon the sale or transfer of the
677
vehicle identified on the certificate.
678
(2)(a) The department shall exempt all law enforcement
679
vehicles used in undercover or canine operations from the window
681
(b) The department shall exempt from the sunscreening
683
owned or leased by investigative agencies licensed pursuant to
684
chapter 493 and used in homeland security functions on behalf of
685
federal, state, or local authorities; executive protection
686
activities; undercover, convert, or surveillance operations in
687
cases involving child abductions, convicted sex offenders,
688
insurance fraud, or missing persons or property; or other
689
activities in which evidence is being obtained for civil or
690
criminal proceedings.
691
(3) The department may charge a fee in an amount sufficient
692
to defray the expenses of issuing a medical exemption certificate
693
as described in subsection (1).
694
Section 13. Subsections (1), (6), and (8) of section
695
316.302, Florida Statutes, are amended to read:
696
316.302 Commercial motor vehicles; safety regulations;
697
transporters and shippers of hazardous materials; enforcement.--
698
(1)(a) All owners and drivers of commercial motor vehicles
699
that are operated on the public highways of this state while
700
engaged in interstate commerce are subject to the rules and
701
regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
702
(b) Except as otherwise provided in this section, all
703
owners or drivers of commercial motor vehicles that are engaged
704
in intrastate commerce are subject to the rules and regulations
705
contained in 49 C.F.R. parts 382, 385, and 390-397, with the
706
exception of 49 C.F.R. s. 390.5 as it relates to the definition
707
of bus, as such rules and regulations existed on October 1, 2008
708
2005.
709
(c) Except as provided in s. 316.215(5), and except as
710
provided in s. 316.228 for rear overhang lighting and flagging
711
requirements for intrastate operations, the requirements of this
712
section supersede all other safety requirements of this chapter
713
for commercial motor vehicles.
714
(6) The state Department of Transportation shall perform
715
the duties that are assigned to the Field Administrator, Federal
716
Motor Carrier Safety Administration Regional Federal Highway
717
Administrator under the federal rules, and an agent of that
718
department, as described in s. 316.545(9), may enforce those
719
rules.
720
(8) For the purpose of enforcing this section, any law
721
enforcement officer of the Department of Transportation or duly
722
appointed agent who holds a current safety inspector
723
certification from the Commercial Vehicle Safety Alliance may
724
require the driver of any commercial vehicle operated on the
725
highways of this state to stop and submit to an inspection of the
726
vehicle or the driver's records. If the vehicle or driver is
727
found to be operating in an unsafe condition, or if any required
728
part or equipment is not present or is not in proper repair or
729
adjustment, and the continued operation would present an unduly
730
hazardous operating condition, the officer may require the
731
vehicle or the driver to be removed from service pursuant to the
732
North American Standard Uniform Out-of-Service Criteria, until
733
corrected. However, if continuous operation would not present an
734
unduly hazardous operating condition, the officer may give
735
written notice requiring correction of the condition within 14
736
days.
737
(a) Any member of the Florida Highway Patrol or any law
738
enforcement officer employed by a sheriff's office or municipal
739
police department authorized to enforce the traffic laws of this
740
state pursuant to s. 316.640 who has reason to believe that a
741
vehicle or driver is operating in an unsafe condition may, as
742
provided in subsection (10), enforce the provisions of this
743
section.
744
(b) Any person who fails to comply with an officer's
745
request to submit to an inspection under this subsection commits
746
a violation of s. 843.02 if the person resists the officer
747
without violence or a violation of s. 843.01 if the person
748
resists the officer with violence.
749
Section 14. Section 316.3045, Florida Statutes, is amended
750
to read:
751
316.3045 Operation of radios or other mechanical
752
soundmaking devices or instruments in vehicles; exemptions.--
753
(1) It is unlawful for any person operating or occupying a
754
motor vehicle on a street or highway to operate or amplify the
755
sound produced by a radio, tape player, or other mechanical
756
soundmaking device or instrument from within the motor vehicle so
757
that the sound is:
758
(a) Plainly audible at a distance of 25 feet or more from
759
the motor vehicle; or
760
(b) Louder than necessary for the convenient hearing by
761
persons inside the vehicle in areas adjoining churches, schools,
762
or hospitals.
763
(2) The provisions of this section do shall not apply to
764
any law enforcement motor vehicle equipped with any communication
765
device necessary in the performance of law enforcement duties or
766
to any emergency vehicle equipped with any communication device
767
necessary in the performance of any emergency procedures.
768
(3) The provisions of this section do not apply to motor
769
vehicles used for business or political purposes, which in the
770
normal course of conducting such business use soundmaking
771
devices. The provisions of this subsection shall not be deemed to
772
prevent local authorities, with respect to streets and highways
773
under their jurisdiction and within the reasonable exercise of
774
the police power, from regulating the time and manner in which
775
such business may be operated.
776
(4) The provisions of this section do not apply to the
777
noise made by a horn or other warning device required or
778
permitted by s. 316.271. The Department of Highway Safety and
779
Motor Vehicles shall adopt promulgate rules defining "plainly
780
audible" and establish standards regarding how sound should be
781
measured by law enforcement personnel who enforce the provisions
782
of this section.
783
(5) A violation of this section is a noncriminal traffic
784
infraction, punishable as a nonmoving violation as provided in
785
chapter 318.
786
(6) In addition to any fine administered under subsection
787
(5), a person convicted of a violation of this section shall also
788
pay upon the 10th or subsequent conviction, a fine of not less
789
than $250 but not more than $500.
790
Section 15. 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 16. Section 316.645, Florida Statutes, is amended
807
to read:
808
316.645 Arrest authority of officer at scene of a traffic
809
crash.--A police officer who makes an investigation at the scene
810
of a traffic crash may arrest any driver of a vehicle involved in
811
the crash when, based upon personal investigation, the officer
812
has reasonable and probable grounds to believe that the person
813
has committed any offense under the provisions of this chapter,
814
chapter 320, or chapter 322 in connection with the crash.
815
Section 17. Subsections (1), (3), (4), (5), (6), and (7) of
816
section 316.650, Florida Statutes, are amended to read:
817
316.650 Traffic citations.--
818
(1)(a) The department shall prepare, and supply to every
819
traffic enforcement agency in this state, an appropriate form
820
traffic citation that contains containing a notice to appear, is
821
(which shall be issued in prenumbered books, meets with citations
822
in quintuplicate) and meeting the requirements of this chapter or
823
any laws of this state regulating traffic, and is which form
824
shall be consistent with the state traffic court rules and the
825
procedures established by the department. The form shall include
826
a box that which is to be checked by the law enforcement officer
827
when the officer believes that the traffic violation or crash was
828
due to aggressive careless driving as defined in s. 316.1923. The
829
form shall also include a box that which is to be checked by the
830
law enforcement officer when the officer writes a uniform traffic
832
as a result of the driver failing to stop at a traffic signal.
833
(b) The department shall prepare, and supply to every
834
traffic enforcement agency in the state, an appropriate
835
affidavit-of-compliance form that which shall be issued along
836
with the form traffic citation for any violation of s. 316.610
837
and that indicates which shall indicate the specific defect
838
needing which needs to be corrected. However, such affidavit of
839
compliance shall not be issued in the case of a violation of s.
840
316.610 by a commercial motor vehicle as defined in s.
841
316.003(66). Such affidavit-of-compliance form shall be
842
distributed in the same manner and to the same parties as is the
843
form traffic citation.
844
(c) Notwithstanding paragraphs (a) and (b), a traffic
845
enforcement agency may produce uniform traffic citations by
846
electronic means. Such citations must be consistent with the
847
state traffic court rules and the procedures established by the
848
department and; must be appropriately numbered and inventoried;
849
and may have fewer copies than the quintuplicate form. Affidavit-
850
of-compliance forms may also be produced by electronic means.
851
(d) The department must distribute to every traffic
852
enforcement agency and to any others who request it, a traffic
853
infraction reference guide describing the class of the traffic
854
infraction, the penalty for the infraction, the points to be
855
assessed on a driver's record license, and any other information
856
necessary to describe a violation and the penalties therefor.
857
(3)(a) Except for a traffic citation issued pursuant to s.
858
316.1001, each traffic enforcement officer, upon issuing a
859
traffic citation to an alleged violator of any provision of the
860
motor vehicle laws of this state or of any traffic ordinance of
861
any municipality city or town, shall deposit the original and one
862
copy of such traffic citation or, in the case of a traffic
863
enforcement agency that which has an automated citation issuance
864
system, the chief administrative officer shall provide by an
865
electronic transmission a replica of the citation data to
866
facsimile with a court having jurisdiction over the alleged
867
offense or with its traffic violations bureau within 5 days after
868
issuance to the violator.
869
(b) If a traffic citation is issued pursuant to s.
870
316.1001, a traffic enforcement officer may deposit the original
871
and one copy of such traffic citation or, in the case of a
872
traffic enforcement agency that has an automated citation system,
873
may provide by an electronic transmission a replica of the
874
citation data to facsimile with a court having jurisdiction over
875
the alleged offense or with its traffic violations bureau within
876
45 days after the date of issuance of the citation to the
877
violator. If the person cited for the violation of s. 316.1001
878
makes the election provided by s. 318.14(12) and pays the $25
879
fine, or such other amount as imposed by the governmental entity
880
owning the applicable toll facility, plus the amount of the
881
unpaid toll that is shown on the traffic citation directly to the
882
governmental entity that issued the citation, or on whose behalf
883
the citation was issued, in accordance with s. 318.14(12), the
884
traffic citation will not be submitted to the court, the
885
disposition will be reported to the department by the
886
governmental entity that issued the citation, or on whose behalf
887
the citation was issued, and no points will be assessed against
888
the person's driver's license.
889
(4) The chief administrative officer of every traffic
890
enforcement agency shall require the return to him or her of the
891
officer-agency department record copy of every traffic citation
892
issued by an officer under the chief administrative officer's
893
supervision to an alleged violator of any traffic law or
894
ordinance and of all copies of every traffic citation that which
895
has been spoiled or upon which any entry has been made and not
896
issued to an alleged violator. In the case of a traffic
897
enforcement agency that which has an automated citation issuance
898
system, the chief administrative officer shall require the return
899
of all electronic traffic citation records.
900
(5) Upon the deposit of the original and one copy of such
901
traffic citation or upon deposit of an electronic transmission of
902
a replica of citation data facsimile of the traffic citation with
903
respect to traffic enforcement agencies that which have an
904
automated citation issuance system with a court having
905
jurisdiction over the alleged offense or with its traffic
906
violations bureau as aforesaid, the original citation, the
907
electronic citation containing a replica of citation data
908
facsimile, or a copy of such traffic citation may be disposed of
909
only by trial in the court or other official action by a judge of
910
the court, including forfeiture of the bail, or by the deposit of
911
sufficient bail with, or payment of a fine to, the traffic
912
violations bureau by the person to whom such traffic citation has
913
been issued by the traffic enforcement officer.
914
(6) The chief administrative officer shall transmit, on a
915
form approved by the department, the department record copy of
916
the uniform traffic citation to the department within 5 days
917
after submission of the original, groups of issued citations and
918
one copy to the court, or citation and transmittal data to the
919
court. Batches of electronic citations containing a replica of
920
citation data may be transmitted to the court department in an
921
electronic automated fashion, in a format form prescribed by the
922
department within 5 days after issuance to the violator. A copy
923
of such transmittal shall also be provided to the court having
924
jurisdiction for accountability purposes.
925
(7) The chief administrative officer shall also maintain or
926
cause to be maintained in connection with every traffic citation
927
issued by an officer under his or her supervision a record of the
928
disposition of the charge by the court or its traffic violations
929
bureau in which the original or copy of the traffic citation or
930
electronic citation was deposited.
931
Section 18. Paragraph (a) of subsection (2) of section
932
316.656, Florida Statutes, is amended to read:
933
316.656 Mandatory adjudication; prohibition against
934
accepting plea to lesser included offense.--
935
(2)(a) No trial judge may accept a plea of guilty to a
936
lesser offense from a person charged under the provisions of this
937
act who has been given a breath or blood test to determine blood
938
or breath alcohol content, the results of which show a blood or
939
breath alcohol content by weight of 0.15 0.20 percent or more.
940
Section 19. Subsection (9) of section 318.14, Florida
941
Statutes, is amended, and subsection (13) is added to that
942
section, to read:
943
318.14 Noncriminal traffic infractions; exception;
944
procedures.--
945
(9) Any person who does not hold a commercial driver's
946
license and who is cited for an infraction under this section
948
316.189 when the driver exceeds the posted limit by 30 miles per
951
appearance, elect to attend in the location of his or her choice
952
within this state a basic driver improvement course approved by
953
the Department of Highway Safety and Motor Vehicles. In such a
954
case, adjudication must be withheld; points, as provided by s.
955
322.27, may not be assessed; and the civil penalty that is
956
imposed by s. 318.18(3) must be reduced by 18 percent; however, a
957
person may not make an election under this subsection if the
958
person has made an election under this subsection in the
959
preceding 12 months. A person may make no more than five
960
elections within 10 years under this subsection. The requirement
961
for community service under s. 318.18(8) is not waived by a plea
962
of nolo contendere or by the withholding of adjudication of guilt
963
by a court.
964
(13)(a) A person cited for a violation of s. 316.1926
965
shall, in addition to any other requirements provided herein, pay
966
a fine of $1,000. This fine is in lieu of the fine required under
967
318.18(3)(b) if the person is cited for violation of s.
968
316.1926(2).
969
(b) A person cited for a second violation of s. 316.1926
970
shall, in addition to any other requirements provided herein, pay
971
a fine of $2,500. This fine is in lieu of the fine required under
972
s. 318.18(3)(b) if the person is cited for violation of s.
973
316.1926(2). In addition, the court shall revoke the person's
974
authorization and privilege to operate a motor vehicle for a
975
period of 1 year and order the person to surrender his or her
976
driver's license.
977
(c) A person cited for a third violation of s. 316.1926
978
commits a felony of the third degree, punishable as provided in
980
shall revoke the person's authorization and privilege to operate
981
a motor vehicle for a period of 10 years, and order the person to
982
surrender his or her driver's license.
983
Section 20. Section 318.195, Florida Statutes, is created
984
to read:
985
318.195 Enhanced penalties for moving violations causing
986
injury or death to motorcyclists.--
987
(1) A person who is convicted of a moving violation that
988
causes serious bodily injury, as defined in s. 316.1933(1)(b), to
989
another person on a motorcycle commits a misdemeanor of the
990
second degree, punishable as provided in s. 775.082 or s.
991
775.083, shall pay a fine of not less than $500, shall serve a
992
minimum of 30 days' imprisonment, and shall be required to attend
993
a driver improvement course. In addition, the court shall revoke
994
the person's driver's license for at least 30 days.
995
(2) A person who is convicted of a moving violation that
996
causes or contributes to causing the death of another person on a
997
motorcycle commits a misdemeanor of the first degree, punishable
999
least $1,000, shall serve a minimum term of 90 days'
1000
imprisonment, and, in lieu of s. 322.0261, shall be required to
1001
attend an advanced driver improvement course. In addition, the
1002
court shall revoke the driver's license of a person so convicted
1003
for 1 year.
1004
(3) This section does not prohibit a person from being
1005
charged with, convicted of, or punished for any other violation
1006
of law.
1007
Section 21. Subsection (12) is added to section 319.001,
1008
Florida Statutes, to read:
1009
319.001 Definitions.--As used in this chapter, the term:
1010
(12) "Certificate of title" means the record that is
1011
evidence of ownership of a vehicle, whether a paper certificate
1012
authorized by the department or a certificate consisting of
1013
information that is stored in an electronic form in the
1014
department's database.
1015
Section 22. Section 320.0706, Florida Statutes, is amended
1016
to read:
1017
320.0706 Display of license plates on trucks.--The owner of
1018
any commercial truck of gross vehicle weight of 26,001 pounds or
1019
more shall display the registration license plate on both the
1020
front and rear of the truck in conformance with all the
1021
requirements of s. 316.605 that do not conflict with this
1022
section. The owner of a dump truck may place the rear license
1023
plate on the gate no higher than 60 inches to allow for better
1024
visibility. However, the owner of a truck tractor shall be
1025
required to display the registration license plate only on the
1026
front of such vehicle. A violation of this section is a moving
1027
violation punishable as provided in chapter 318.
1028
Section 23. Subsection (4) of section 320.0715, Florida
1029
Statutes, is amended to read:
1030
320.0715 International Registration Plan; motor carrier
1031
services; permits; retention of records.--
1032
(4) Each motor carrier registered under the International
1033
Registration Plan shall maintain and keep, for a period of 4
1034
years, pertinent records and papers as may be required by the
1035
department for the reasonable administration of this chapter.
1036
(a) The department shall withhold the registration and
1037
license plate for a commercial motor vehicle unless the
1038
identifying number issued by the federal agency responsible for
1039
motor carrier safety is provided for the motor carrier and the
1040
entity responsible for motor carrier safety for each motor
1041
vehicle as part of the application process.
1042
(b) The department may not issue a commercial motor vehicle
1043
registration or license plate to, and may not transfer the
1044
commercial motor vehicle registration or license plate for, a
1045
motor carrier or vehicle owner who has been prohibited from
1046
operating by a federal or state agency responsible for motor
1047
carrier safety.
1048
(c) The department, with notice, shall suspend any
1049
commercial motor vehicle registration and license plate issued to
1050
a motor carrier or vehicle owner who has been prohibited from
1051
operating by a federal or state agency responsible for motor
1052
carrier safety.
1053
Section 24. Subsection (27) of section 320.01, Florida
1054
Statutes, is amended to read:
1055
320.01 Definitions, general.--As used in the Florida
1056
Statutes, except as otherwise provided, the term:
1057
(27) "Motorcycle" means any motor vehicle having a seat or
1058
saddle for the use of the rider and designed to travel on not
1059
more than three wheels in contact with the ground, but excluding
1060
a tractor, or a moped, or a vehicle where the operator is
1061
enclosed by a cabin.
1062
Section 25. Effective July 1, 2008, subsection (1) of
1063
section 320.02, Florida Statutes, as amended by section 28 of
1064
chapter 2006-290, Laws of Florida, is amended to read:
1065
(1) Except as otherwise provided in this chapter, every
1066
owner or person in charge of a motor vehicle that is operated or
1067
driven on the roads of this state shall register the vehicle in
1068
this state. The owner or person in charge shall apply to the
1069
department or to its authorized agent for registration of each
1070
such vehicle on a form prescribed by the department. Prior to the
1071
original registration of a motorcycle, motor-driven cycle, or
1072
moped, the owner, if a natural person, must present proof that he
1073
or she has a valid motorcycle endorsement as required in chapter
1074
322. A registration is not required for any motor vehicle that is
1075
not operated on the roads of this state during the registration
1076
period.
1077
Section 26. Subsection (13) of section 320.02, Florida
1078
Statutes, is repealed.
1079
Section 27. Subsection (3) of section 320.08053, Florida
1080
Statutes, is repealed.
1081
Section 28. Subsection (8) of section 320.08056, Florida
1082
Statutes, is amended to read:
1083
320.08056 Specialty license plates.--
1084
(8)(a) The department must discontinue the issuance of an
1085
approved specialty license plate if the number of valid specialty
1086
plate registrations falls below 1,000 plates for at least 12
1087
consecutive months. A warning letter shall be mailed to the
1088
sponsoring organization following the first month in which the
1089
total number of valid specialty plate registrations is below
1090
1,000 plates. This paragraph does not apply to collegiate license
1091
plates established under s. 320.08058(3).
1092
(b) The department is authorized to discontinue the
1093
issuance of a specialty license plate and distribution of
1094
associated annual use fee proceeds if the organization no longer
1095
exists, if the organization has stopped providing services that
1096
are authorized to be funded from the annual use fee proceeds, or
1097
pursuant to an organizational recipient's request. Organizations
1098
are required to notify the department immediately to stop all
1099
warrants for plate sales if any of the conditions in this section
1100
exist, and must meet the requirements of s. 320.08062 for any
1101
period of operation during a fiscal year.
1102
Section 29. Paragraph (a) of subsection (4) of section
1103
320.0894, Florida Statutes, is amended to read:
1104
320.0894 Motor vehicle license plates to Gold Star family
1105
members.--The department shall develop a special license plate
1106
honoring the family members of servicemembers who have been
1107
killed while serving in the Armed Forces of the United States.
1108
The license plate shall be officially designated as the Gold Star
1109
license plate and shall be developed and issued as provided in
1110
this section.
1111
(4)(a)1.a. The Gold Star license plate shall be issued only
1112
to family members of a servicemember who resided in Florida at
1113
the time of the death of the servicemember.
1114
b. Any family member, as defined in subparagraph 2., of a
1115
servicemember killed while serving may be issued a Gold Star
1116
license plate upon payment of the license tax and appropriate
1117
fees as provided in paragraph (3)(a) without regard to the state
1118
of residence of the servicemember.
1119
2. To qualify for issuance of a Gold Star license plate,
1120
the applicant must be directly related to a fallen servicemember
1121
as spouse, legal mother or father, or stepparent who is currently
1122
married to the mother or father of the fallen servicemember.
1123
3. A servicemember is deemed to have been killed while in
1124
service as listed by the United States Department of Defense and
1125
may be verified from documentation directly from the Department
1126
of Defense or from its subordinate agencies, such as the Coast
1127
Guard, Reserve, or National Guard.
1128
Section 30. Subsection (3) of section 320.27, Florida
1129
Statutes, is amended to read:
1130
320.27 Motor vehicle dealers.--
1131
(3) APPLICATION AND FEE.--The application for the license
1132
shall be in such form as may be prescribed by the department and
1133
shall be subject to such rules with respect thereto as may be so
1134
prescribed by it. Such application shall be verified by oath or
1135
affirmation and shall contain a full statement of the name and
1136
birth date of the person or persons applying therefor; the name
1137
of the firm or copartnership, with the names and places of
1138
residence of all members thereof, if such applicant is a firm or
1139
copartnership; the names and places of residence of the principal
1140
officers, if the applicant is a body corporate or other
1141
artificial body; the name of the state under whose laws the
1142
corporation is organized; the present and former place or places
1143
of residence of the applicant; and prior business in which the
1144
applicant has been engaged and the location thereof. Such
1145
application shall describe the exact location of the place of
1146
business and shall state whether the place of business is owned
1147
by the applicant and when acquired, or, if leased, a true copy of
1148
the lease shall be attached to the application. The applicant
1149
shall certify that the location provides an adequately equipped
1150
office and is not a residence; that the location affords
1151
sufficient unoccupied space upon and within which adequately to
1152
store all motor vehicles offered and displayed for sale; and that
1153
the location is a suitable place where the applicant can in good
1154
faith carry on such business and keep and maintain books,
1155
records, and files necessary to conduct such business, which will
1156
be available at all reasonable hours to inspection by the
1157
department or any of its inspectors or other employees. The
1158
applicant shall certify that the business of a motor vehicle
1159
dealer is the principal business which shall be conducted at that
1160
location. Such application shall contain a statement that the
1161
applicant is either franchised by a manufacturer of motor
1162
vehicles, in which case the name of each motor vehicle that the
1163
applicant is franchised to sell shall be included, or an
1164
independent (nonfranchised) motor vehicle dealer. Such
1165
application shall contain such other relevant information as may
1166
be required by the department, including evidence that the
1167
applicant is insured under a garage liability insurance policy or
1168
a general liability insurance policy coupled with a business
1169
automobile policy, which shall include, at a minimum, $25,000
1170
combined single-limit liability coverage including bodily injury
1171
and property damage protection and $10,000 personal injury
1172
protection. Franchise dealers must submit a garage liability
1173
insurance policy, and all other dealers must submit a garage
1174
liability insurance policy or a general liability insurance
1175
policy coupled with a business automobile policy. Such policy
1176
shall be for the license period, and evidence of a new or
1177
continued policy shall be delivered to the department at the
1178
beginning of each license period. Upon making such initial
1179
application, the applicant person applying therefor shall pay to
1180
the department a fee of $300 in addition to any other fees now
1181
required by law; upon making a subsequent renewal application,
1182
the applicant person applying therefor shall pay to the
1183
department a fee of $75 in addition to any other fees now
1184
required by law. Upon making an application for a change of
1185
location, the person shall pay a fee of $50 in addition to any
1186
other fees now required by law. The department shall, in the case
1187
of every application for initial licensure, verify whether
1188
certain facts set forth in the application are true. Each
1189
applicant, general partner in the case of a partnership, or
1190
corporate officer and director in the case of a corporate
1191
applicant, must file a set of fingerprints with the department
1192
for the purpose of determining any prior criminal record or any
1193
outstanding warrants. The department shall submit the
1194
fingerprints to the Department of Law Enforcement for state
1195
processing and forwarding to the Federal Bureau of Investigation
1196
for federal processing. The actual cost of such state and federal
1197
processing shall be borne by the applicant and is to be in
1198
addition to the fee for licensure. The department may issue a
1199
license to an applicant pending the results of the fingerprint
1200
investigation, which license is fully revocable if the department
1201
subsequently determines that any facts set forth in the
1202
application are not true or correctly represented.
1203
Section 31. Section 320.69, Florida Statutes, is amended to
1204
read:
1205
320.69 Rules.--The department has authority to adopt rules
1207
320.70, including the authority to adopt definitions as necessary
1208
the provisions of this law.
1209
Section 32. Section 321.26, Florida Statutes, is created to
1210
read:
1211
321.26 Joseph P. Bertrand Building designation.--
1212
(1) The regional transportation management center in Fort
1213
Myers is designated the "Joseph P. Bertrand Building."
1214
(2) The Department of Highway Safety and Motor Vehicles may
1215
erect suitable markers designating the "Joseph P. Bertrand
1216
Building" described in subsection (1).
1217
Section 33. Present subsections (10) through (44) of
1218
section 322.01, Florida Statutes, are redesignated as subsections
1219
(11) through (45), respectively, a new subsection (10) is added
1220
to that section, and present subsections (10), (23), and (29) of
1221
that section are amended, to read:
1222
322.01 Definitions.--As used in this chapter:
1223
(10) "Convenience service" means any means whereby an
1224
individual conducts a transaction with the department other than
1225
in person.
1226
(11)(10)(a) "Conviction" means a conviction of an offense
1227
relating to the operation of motor vehicles on highways which is
1228
a violation of this chapter or any other such law of this state
1229
or any other state, including an admission or determination of a
1230
noncriminal traffic infraction pursuant to s. 318.14, or a
1231
judicial disposition of an offense committed under any federal
1232
law substantially conforming to the aforesaid state statutory
1233
provisions.
1234
(b) Notwithstanding any other provisions of this chapter,
1235
the definition of "conviction" provided in 49 C.F.R. part 383.5
1236
applies to offenses committed in a commercial motor vehicle or by
1237
a person holding a commercial driver license.
1238
(24)(23) "Hazardous materials" means any material that has
1239
been designated as hazardous under 49 U.S.C. 5103 and is required
1240
to be placarded under subpart F of 49 C.F.R. part 172 or any
1241
quantity of a material listed as a select agent or toxin in 42
1242
C.F.R. part 73 has the meaning such term has under s. 103 of the
1243
Hazardous Materials Transportation Act.
1244
(30)(29) "Out-of-service order" means a prohibition issued
1245
by an authorized local, state, or Federal Government official
1246
which precludes a person from driving a commercial motor vehicle
1247
for a period of 72 hours or less.
1248
Section 34. Effective July 1, 2008, subsection (5) of
1249
section 322.0255, Florida Statutes, is amended to read:
1250
322.0255 Florida Motorcycle Safety Education Program.--
1251
(5) The only organizations that are eligible for
1252
reimbursement are organizations that executed a contract on or
1253
after July 1, 2008. This reimbursement shall continue for 12
1254
months following the execution of the organization's contract.
1255
The department shall, subject to the availability of funds,
1256
reimburse each organization that provides an approved motorcycle
1257
safety education course for each student who begins the on-cycle
1258
portion of the course. This shall include any student not
1259
required to attend a motorcycle safety education course prior to
1260
licensure as required in s. 322.12. The amount to be reimbursed
1261
per student to each course provider shall be determined by the
1262
department. In order to facilitate such determination, each
1263
course provider shall be required to submit proof satisfactory to
1264
the department of the expected cost per student to be incurred by
1265
such course provider. In no event shall the amount to be
1266
reimbursed per student to any course provider exceed the expected
1267
cost per student. In addition to the amount of any reimbursement,
1268
each course provider that conducts such a course may charge each
1269
student a tuition fee sufficient to defray the cost of conducting
1270
the course. The department shall fund the payments required under
1271
this subsection from the motorcycle safety education fee, as
1273
Section 35. Subsection (1) of section 322.03, Florida
1274
Statutes, is amended to read:
1275
322.03 Drivers must be licensed; penalties.--
1276
(1) Except as otherwise authorized in this chapter, a
1277
person may not drive any motor vehicle upon a highway in this
1278
state unless such person has a valid driver's license under the
1279
provisions of this chapter.
1280
(a) A person who drives a commercial motor vehicle shall
1281
not receive a driver's license unless and until he or she
1282
surrenders to the department all driver's licenses in his or her
1283
possession issued to him or her by any other jurisdiction or
1284
makes an affidavit that he or she does not possess a driver's
1285
license. Any such person who fails to surrender such licenses or
1286
who makes a false affidavit concerning such licenses is guilty of
1287
a misdemeanor of the first degree, punishable as provided in s.
1289
(b) A person who does not drive a commercial motor vehicle
1290
is not required to surrender a license issued by another
1291
jurisdiction, upon a showing to the department that such license
1292
is necessary because of employment or part-time residence. Any
1293
person who retains a driver's license because of employment or
1294
part-time residence shall, upon qualifying for a license in this
1295
state, be issued a driver's license which shall be valid within
1296
this state only. All surrendered licenses may be returned by the
1297
department to the issuing jurisdiction together with information
1298
that the licensee is now licensed in a new jurisdiction or may be
1299
destroyed by the department, which shall notify the issuing
1300
jurisdiction of such destruction. A person may not have more than
1301
one valid Florida driver's license at any time.
1302
(c) A part-time resident issued a license pursuant to
1303
paragraph (b) may continue to hold such license until the next
1304
regularly scheduled renewal. Licenses that are identified as
1305
"Valid in Florida only" may not be issued or renewed effective
1306
July 1, 2009. This paragraph expires June 30, 2017.
1307
Section 36. Subsections (1) and (2) of section 322.051,
1308
Florida Statutes, are amended to read:
1309
322.051 Identification cards.--
1310
(1) Any person who is 5 years of age or older, or any
1311
person who has a disability, regardless of age, who applies for a
1312
disabled parking permit under s. 320.0848, may be issued an
1313
identification card by the department upon completion of an
1314
application and payment of an application fee.
1315
(a) Each such application shall include the following
1316
information regarding the applicant:
1317
1. Full name (first, middle or maiden, and last), gender,
1318
proof of social security card number satisfactory to the
1319
department, county of residence, and mailing address, proof of
1320
residential address satisfactory to the department, country of
1321
birth, and a brief description.
1322
2. Proof of birth date satisfactory to the department.
1323
3. Proof of identity satisfactory to the department. Such
1324
proof must include one of the following documents issued to the
1325
applicant:
1326
a. A driver's license record or identification card record
1327
from another jurisdiction that required the applicant to submit a
1328
document for identification which is substantially similar to a
1329
document required under sub-subparagraph b., sub-subparagraph c.,
1330
sub-subparagraph d., sub-subparagraph e., sub-subparagraph f., or
1331
sub-subparagraph g., or sub-subparagraph h.;
1332
b. A certified copy of a United States birth certificate;
1333
c. A valid, unexpired United States passport;
1334
d. A naturalization certificate issued by the United States
1335
Department of Homeland Security;
1336
e. A valid, unexpired An alien registration receipt card
1337
(green card);
1338
f. Consular Report of Birth Abroad provided by the United
1339
States Department of State;
1340
g.f. An unexpired employment authorization card issued by
1341
the United States Department of Homeland Security; or
1342
h.g. Proof of nonimmigrant classification provided by the
1343
United States Department of Homeland Security, for an original
1344
identification card. In order to prove such nonimmigrant
1345
classification, applicants may produce but are not limited to the
1346
following documents:
1347
(I) A notice of hearing from an immigration court
1348
scheduling a hearing on any proceeding.
1349
(II) A notice from the Board of Immigration Appeals
1350
acknowledging pendency of an appeal.
1351
(III) Notice of the approval of an application for
1352
adjustment of status issued by the United States Bureau of
1353
Citizenship and Immigration Services.
1354
(IV) Any official documentation confirming the filing of a
1355
petition for asylum or refugee status or any other relief issued
1356
by the United States Bureau of Citizenship and Immigration
1357
Services.
1358
(V) Notice of action transferring any pending matter from
1359
another jurisdiction to Florida, issued by the United States
1360
Bureau of Citizenship and Immigration Services.
1361
(VI) Order of an immigration judge or immigration officer
1362
granting any relief that authorizes the alien to live and work in
1363
the United States including, but not limited to asylum.
1364
(VII) Evidence that an application is pending for
1365
adjustment of status to that of an alien lawfully admitted for
1366
permanent residence in the United States or conditional permanent
1367
resident status in the United States, if a visa number is
1368
available having a current priority date for processing by the
1369
United States Bureau of Citizenship and Immigration Services.
1370
(VIII) On or after January 1, 2010, an unexpired foreign
1371
passport with an unexpired United States Visa affixed,
1372
accompanied by an approved I-94, documenting the most recent
1373
admittance into the United States.
1374
1375
Presentation of any of the documents described in sub-
1376
subparagraph g. f. or sub-subparagraph h. g. entitles the
1377
applicant to an identification card for a period not to exceed
1378
the expiration date of the document presented or 1 year,
1379
whichever first occurs.
1380
(b) An application for an identification card must be
1381
signed and verified by the applicant in a format designated by
1382
the department before a person authorized to administer oaths and
1383
payment of the applicable fee pursuant to s. 322.21. The fee for
1384
an identification card is $3, including payment for the color
1385
photograph or digital image of the applicant.
1386
(c) Each such applicant may include fingerprints and any
1387
other unique biometric means of identity.
1388
(2)(a) Every identification card:
1389
1. Issued to a person 5 years of age to 14 years of age
1390
shall expire, unless canceled earlier, on the fourth birthday of
1391
the applicant following the date of original issue.
1392
2. Issued to a person 15 years of age and older shall
1393
expire, unless canceled earlier, on the eighth birthday of the
1394
applicant following the date of original issue.
1395
1396
Renewal of an identification card shall be made for the
1397
applicable term enumerated in this paragraph. However, if an
1398
individual is 60 years of age or older, and has an identification
1399
card issued under this section, the card shall not expire unless
1400
done so by cancellation by the department or by the death of the
1401
cardholder. Renewal of any identification card shall be made for
1402
a term which shall expire on the fourth birthday of the applicant
1403
following expiration of the identification card renewed, unless
1404
surrendered earlier. Any application for renewal received later
1405
than 90 days after expiration of the identification card shall be
1406
considered the same as an application for an original
1407
identification card. The renewal fee for an identification card
1408
shall be $10, of which $4 shall be deposited into the General
1409
Revenue Fund and $6 into the Highway Safety Operating Trust Fund.
1410
The department shall, at the end of 4 years and 6 months after
1411
the issuance or renewal of an identification card, destroy any
1412
record of the card if it has expired and has not been renewed,
1413
unless the cardholder is 60 years of age or older.
1414
(b) Notwithstanding any other provision of this chapter, if
1415
an applicant establishes his or her identity for an
1416
identification card using a document authorized under sub-
1417
subparagraph (1)(a)3.e., the identification card shall expire on
1418
the eighth fourth birthday of the applicant following the date of
1419
original issue or upon first renewal or duplicate issued after
1420
implementation of this section. After an initial showing of such
1421
documentation, he or she is exempted from having to renew or
1422
obtain a duplicate in person.
1423
(c) Notwithstanding any other provisions of this chapter,
1424
if an applicant establishes his or her identity for an
1425
identification card using an identification document authorized
1426
under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
1427
(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
1428
year 2 years after the date of issuance or upon the expiration
1429
date cited on the United States Department of Homeland Security
1430
documents, whichever date first occurs, and may not be renewed or
1431
obtain a duplicate except in person.
1432
Section 37. Subsections (1), (2), and (6) of section
1433
322.08, Florida Statutes, are amended to read:
1434
322.08 Application for license.--
1435
(1) Each application for a driver's license shall be made
1436
in a format designated by the department and sworn to or affirmed
1437
by the applicant as to the truth of the statements made in the
1438
application.
1439
(2) Each such application shall include the following
1440
information regarding the applicant:
1441
(a) Full name (first, middle or maiden, and last), gender,
1442
proof of social security card number satisfactory to the
1443
department, county of residence, and mailing address, proof of
1444
residential address satisfactory to the department, country of
1445
birth, and a brief description.
1446
(b) Proof of birth date satisfactory to the department.
1447
(c) Proof of identity satisfactory to the department. Such
1448
proof must include one of the following documents issued to the
1449
applicant:
1450
1. A driver's license record or identification card record
1451
from another jurisdiction that required the applicant to submit a
1452
document for identification which is substantially similar to a
1453
document required under subparagraph 2., subparagraph 3.,
1454
subparagraph 4., subparagraph 5., subparagraph 6., or
1455
subparagraph 7., or subparagraph 8.;
1456
2. A certified copy of a United States birth certificate;
1457
3. A valid, unexpired United States passport;
1458
4. A naturalization certificate issued by the United States
1459
Department of Homeland Security;
1460
5. A valid, unexpired An alien registration receipt card
1461
(green card);
1462
6. Consular Report of Birth Abroad provided by the United
1463
States Department of State;
1464
7.6. An unexpired employment authorization card issued by
1465
the United States Department of Homeland Security; or
1466
8.7. Proof of nonimmigrant classification provided by the
1467
United States Department of Homeland Security, for an original
1468
driver's license. In order to prove nonimmigrant classification,
1469
an applicant may produce the following documents, including, but
1470
not limited to:
1471
a. A notice of hearing from an immigration court scheduling
1472
a hearing on any proceeding.
1473
b. A notice from the Board of Immigration Appeals
1474
acknowledging pendency of an appeal.
1475
c. A notice of the approval of an application for
1476
adjustment of status issued by the United States Bureau of
1477
Citizenship and Immigration Services.
1478
d. Any official documentation confirming the filing of a
1479
petition for asylum or refugee status or any other relief issued
1480
by the United States Bureau of Citizenship and Immigration
1481
Services.
1482
e. A notice of action transferring any pending matter from
1483
another jurisdiction to this state issued by the United States
1484
Bureau of Citizenship and Immigration Services.
1485
f. An order of an immigration judge or immigration officer
1486
granting any relief that authorizes the alien to live and work in
1487
the United States, including, but not limited to, asylum.
1488
g. Evidence that an application is pending for adjustment
1489
of status to that of an alien lawfully admitted for permanent
1490
residence in the United States or conditional permanent resident
1491
status in the United States, if a visa number is available having
1492
a current priority date for processing by the United States
1493
Bureau of Citizenship and Immigration Services.
1494
h. On or after January 1, 2010, an unexpired foreign
1495
passport with an unexpired United States Visa affixed,
1496
accompanied by an approved I-94, documenting the most recent
1497
admittance into the United States.
1498
1499
Presentation of any of the documents in subparagraph 7. 6. or
1500
subparagraph 8. 7. entitles the applicant to a driver's license
1501
or temporary permit for a period not to exceed the expiration
1502
date of the document presented or 1 year, whichever occurs first.
1503
(d) Whether the applicant has previously been licensed to
1504
drive, and, if so, when and by what state, and whether any such
1505
license or driving privilege has ever been disqualified, revoked,
1506
or suspended, or whether an application has ever been refused,
1507
and, if so, the date of and reason for such disqualification,
1508
suspension, revocation, or refusal.
1509
(e) Each such application may include fingerprints and
1510
other unique biometric means of identity.
1511
(6) The application form for a driver's license or
1512
duplicate thereof shall include language permitting the
1513
following:
1514
(a) A voluntary contribution of $5 per applicant, which
1515
contribution shall be transferred into the Election Campaign
1516
Financing Trust Fund.
1517
(a)(b) A voluntary contribution of $1 per applicant, which
1518
contribution shall be deposited into the Florida Organ and Tissue
1519
Donor Education and Procurement Trust Fund for organ and tissue
1520
donor education and for maintaining the organ and tissue donor
1521
registry.
1522
(b)(c) A voluntary contribution of $1 per applicant, which
1523
contribution shall be distributed to the Florida Council of the
1524
Blind.
1525
(c)(d) A voluntary contribution of $2 per applicant, which
1526
shall be distributed to the Hearing Research Institute,
1527
Incorporated.
1528
(d)(e) A voluntary contribution of $1 per applicant, which
1529
shall be distributed to the Juvenile Diabetes Foundation
1530
International.
1531
(e)(f) A voluntary contribution of $1 per applicant, which
1532
shall be distributed to the Children's Hearing Help Fund.
1533
1534
A statement providing an explanation of the purpose of the trust
1535
funds shall also be included. For the purpose of applying the
1536
service charge provided in s. 215.20, contributions received
1537
under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1538
and under s. 322.18(9)(a) are not income of a revenue nature.
1539
Section 38. Paragraph (a) of subsection (1) of section
1540
322.14, Florida Statutes, is amended to read:
1541
322.14 Licenses issued to drivers.--
1542
(1)(a) The department shall, upon successful completion of
1543
all required examinations and payment of the required fee, issue
1544
to every applicant qualifying therefor, a driver's license as
1545
applied for, which license shall bear thereon a color photograph
1546
or digital image of the licensee; the name of the state; a
1547
distinguishing number assigned to the licensee; and the
1548
licensee's full name, date of birth, and residence mailing
1549
address; a brief description of the licensee, including, but not
1550
limited to, the licensee's gender and height; and the dates of
1551
issuance and expiration of the license. A space shall be provided
1552
upon which the licensee shall affix his or her usual signature.
1553
No license shall be valid until it has been so signed by the
1554
licensee except that the signature of said licensee shall not be
1555
required if it appears thereon in facsimile or if the licensee is
1556
not present within the state at the time of issuance. Applicants
1557
qualifying to receive a Class A, Class B, or Class C driver's
1558
license must appear in person within the state for issuance of a
1559
color photographic or digital imaged driver's license pursuant to
1560
s. 322.142.
1561
Section 39. Section 322.15, Florida Statutes, is amended to
1562
read:
1563
322.15 License to be carried and exhibited on demand;
1564
fingerprint to be imprinted upon a citation.--
1565
(1) Every licensee shall have his or her driver's license,
1566
which must be fully legible with no portion of such license
1567
faded, altered, mutilated, or defaced, in his or her immediate
1568
possession at all times when operating a motor vehicle and shall
1569
display the same upon the demand of a law enforcement officer or
1570
an authorized representative of the department.
1571
(2) Upon the failure of any person to display a driver's
1572
license as required by subsection (1), the law enforcement
1573
officer or authorized representative of the department stopping
1574
the person shall require the person to imprint his or her
1575
fingerprints fingerprint upon any citation issued by the officer
1576
or authorized representative, or the officer or authorized
1577
representative shall collect the fingerprints electronically.
1578
(3) In relation to violations of subsection (1) or s.
1579
322.03(5), persons who cannot supply proof of a valid driver's
1580
license for the reason that the license was suspended for failure
1581
to comply with that citation shall be issued a suspension
1582
clearance by the clerk of the court for that citation upon
1583
payment of the applicable penalty and fee for that citation. If
1584
proof of a valid driver's license is not provided to the clerk of
1585
the court within 30 days, the person's driver's license shall
1586
again be suspended for failure to comply.
1587
(4) A violation of subsection (1) is a noncriminal traffic
1588
infraction, punishable as a nonmoving violation as provided in
1589
chapter 318.
1590
Section 40. Section 322.17, Florida Statutes, is amended to
1591
read:
1592
322.17 Replacement licenses and permits Duplicate and
1593
replacement certificates.--
1594
(1)(a) In the event that an instruction permit or driver's
1595
license issued under the provisions of this chapter is lost or
1596
destroyed, the person to whom the same was issued may, upon
1597
payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1598
a replacement duplicate, or substitute thereof, upon furnishing
1599
proof satisfactory to the department that such permit or license
1600
has been lost or destroyed, and further furnishing the full name,
1601
date of birth, sex, residence and mailing address, proof of birth
1602
satisfactory to the department, and proof of identity
1603
satisfactory to the department. Five dollars of the fee levied in
1604
this paragraph shall go to the Highway Safety Operating Trust
1605
Fund of the department.
1606
(b) In the event that an instruction permit or driver's
1607
license issued under the provisions of this chapter is stolen,
1608
the person to whom the same was issued may, at no charge, obtain
1609
a replacement duplicate, or substitute thereof, upon furnishing
1610
proof satisfactory to the department that such permit or license
1611
was stolen and further furnishing the full name, date of birth,
1612
sex, residence and mailing address, proof of birth satisfactory
1613
to the department, and proof of identity satisfactory to the
1614
department.
1615
(2) Upon the surrender of the original license and the
1616
payment of the appropriate fees pursuant to s. 322.21 a $10
1617
replacement fee, the department shall issue a replacement license
1618
to make a change in name, address, or restrictions. Upon written
1619
request by the licensee and notification of a change in address,
1620
and the payment of a $10 fee, the department shall issue an
1621
address sticker which shall be affixed to the back of the license
1622
by the licensee. Nine dollars of the fee levied in this
1623
subsection shall go to the Highway Safety Operating Trust Fund of
1624
the department.
1625
(3) Notwithstanding any other provisions of this chapter,
1626
if a licensee establishes his or her identity for a driver's
1627
license using an identification document authorized under s.
1629
not obtain a duplicate or replacement instruction permit or
1630
driver's license except in person and upon submission of an
1631
identification document authorized under s. 322.08(2)(c)7. or 8.
1632
s. 322.08(2)(c)6. or 7.
1633
Section 41. Section 322.18, Florida Statutes, is amended to
1634
read:
1635
322.18 Original applications, licenses, and renewals;
1636
expiration of licenses; delinquent licenses.--
1637
(1)(a) Except as provided in paragraph (b), the department
1638
may issue an original driver's license only after the applicant
1639
successfully passes the required examinations and presents the
1640
application to the department.
1641
(b) The department may waive the driver's license
1642
examination requirement if the applicant is otherwise qualified
1643
and surrenders a valid license issued by another state, a
1644
province of Canada, or the United States Armed Forces which is of
1645
an equal or lesser classification as provided in s. 322.12.
1646
(2) Each applicant who is entitled to the issuance of a
1647
driver's license, as provided in this section, shall be issued a
1648
driver's license, as follows:
1649
(a) An applicant who has not attained 80 years of age
1650
applying for an original issuance shall be issued a driver's
1651
license that which expires at midnight on the licensee's birthday
1652
which next occurs on or after the eighth sixth anniversary of the
1653
date of issue. An applicant who is at least 80 years of age
1654
applying for an original issuance shall be issued a driver's
1655
license that expires at midnight on the licensee's birthday that
1656
next occurs on or after the sixth anniversary of the date of
1657
issue.
1658
(b) An applicant who has not attained 80 years of age
1659
applying for a renewal issuance or renewal extension shall be
1660
issued a driver's license that or renewal extension sticker which
1661
expires at midnight on the licensee's birthday that which next
1662
occurs 8 4 years after the month of expiration of the license
1663
being renewed, except that a driver whose driving record reflects
1664
no convictions for the preceding 3 years shall be issued a
1665
driver's license or renewal extension sticker which expires at
1666
midnight on the licensee's birthday which next occurs 6 years
1667
after the month of expiration of the license being renewed. An
1668
applicant who is at least 80 years of age applying for a renewal
1669
issuance shall be issued a driver's license that expires at
1670
midnight on the licensee's birthday that next occurs 6 years
1671
after the month of expiration of the license being renewed.
1672
(c) Notwithstanding any other provision of this chapter, if
1673
an applicant establishes his or her identity for a driver's
1674
license using a document authorized under s. 322.08(2)(c)5., the
1675
driver's license shall expire in accordance with paragraph (b).
1676
After an initial showing of such documentation, he or she is
1677
exempted from having to renew or obtain a duplicate in person.
1678
(d) Notwithstanding any other provision of this chapter, if
1679
an applicant establishes his or her identity for a driver's
1680
license using a document authorized in s. 322.08(2)(c)7. or 8. s.
1681
322.08(2)(c)6. or 7., the driver's license shall expire 1 year 2
1682
years after the date of issuance or upon the expiration date
1683
cited on the United States Department of Homeland Security
1684
documents, whichever date first occurs.
1685
(e) Notwithstanding any other provision of this chapter, an
1686
applicant applying for an original or renewal issuance of a
1687
commercial driver's license as defined in s. 322.01(7), with a
1688
hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1689
shall be issued a driver's license that expires at midnight on
1690
the licensee's birthday that next occurs 4 years after the month
1691
of expiration of the license being issued or renewed.
1692
(3) If a license expires on a Saturday, Sunday, or legal
1693
holiday, it shall be valid until midnight of the next regular
1694
working day and may be renewed on that day without payment of a
1695
delinquent fee.
1696
(4)(a) Except as otherwise provided in this chapter, all
1697
licenses shall be renewable every 8 4 years or 6 years, depending
1698
upon the terms of issuance and shall be issued or renewed
1699
extended upon application, payment of the fees required by s.
1700
322.21, and successful passage of any required examination,
1701
unless the department has reason to believe that the licensee is
1702
no longer qualified to receive a license.
1703
(b) Notwithstanding any other provision of this chapter, if
1704
an applicant establishes his or her identity for a driver's
1705
license using a document authorized under s. 322.08(2)(c)5., the
1706
license, upon an initial showing of such documentation, is
1707
exempted from having to renew or obtain a duplicate in person,
1708
unless the renewal or duplication coincides with the periodic
1709
reexamination of a driver as required pursuant to s. 322.121.
1710
(c) Notwithstanding any other provision of this chapter, if
1711
a licensee establishes his or her identity for a driver's license
1712
using an identification document authorized under s.
1714
not renew the driver's license except in person and upon
1715
submission of an identification document authorized under s.
1717
renewed under this paragraph expires 1 year 4 years after the
1718
date of issuance or upon the expiration date cited on the United
1719
States Department of Homeland Security documents, whichever date
1720
first occurs.
1721
(5) All renewal driver's licenses may be issued after the
1722
applicant licensee has been determined to be eligible by the
1723
department.
1724
(a) A licensee who is otherwise eligible for renewal and
1725
who is at least 80 over 79 years of age:
1726
1. Must submit to and pass a vision test administered at
1727
any driver's license office; or
1728
2. If the licensee applies for a renewal using a
1729
convenience service an extension by mail as provided in
1730
subsection (8), he or she must submit to a vision test
1731
administered by a physician licensed under chapter 458 or chapter
1732
459, or an optometrist licensed under chapter 463, must send the
1733
results of that test to the department on a form obtained from
1734
the department and signed by such health care practitioner, and
1735
must meet vision standards that are equivalent to the standards
1736
for passing the departmental vision test. The physician or
1737
optometrist may submit the results of a vision test by a
1738
department-approved electronic means.
1739
(b) A licensee who is at least 80 over 79 years of age may
1740
not submit an application for renewal extension under subsection
1741
(8) by a convenience service electronic or telephonic means,
1742
unless the results of a vision test have been electronically
1743
submitted in advance by the physician or optometrist.
1744
(6) If the licensee does not receive a renewal notice, the
1745
licensee or applicant may apply to the department, under oath, at
1746
any driver's license examining office. Such application shall be
1747
on a form prepared and furnished by the department. The
1748
department shall make such forms available to the various
1749
examining offices throughout the state. Upon receipt of such
1750
application, the department shall issue a license or temporary
1751
permit to the applicant or shall advise the applicant that no
1752
license or temporary permit will be issued and advise the
1753
applicant of the reason for his or her ineligibility.
1754
(7) An expired Florida driver's license may be renewed any
1755
time within 12 months after the expiration date, with
1756
reexamination, if required, upon payment of the required
1757
delinquent fee or taking and passing the written examination. If
1758
the final date upon which a license may be renewed under this
1759
section falls upon a Saturday, Sunday, or legal holiday, the
1760
renewal period shall be extended to midnight of the next regular
1761
working day. The department may refuse to issue any license if:
1762
(a) It has reason to believe the licensee is no longer
1763
qualified to receive a license.
1764
(b) Its records reflect that the applicant's driving
1765
privilege is under suspension or revocation.
1766
(8) The department shall issue 8-year renewals using a
1767
convenience service 4-year and 6-year license extensions by mail,
1768
electronic, or telephonic means without reexamination to drivers
1769
who have not attained 80 years of age. The department shall issue
1770
6-year renewals using a convenience service when the applicant
1771
has satisfied the requirements of subsection (5).
1772
(a) If the department determines from its records that the
1773
holder of a license about to expire is eligible for renewal, the
1774
department shall mail a renewal notice to the licensee at his or
1775
her last known address, not less than 30 days prior to the
1776
licensee's birthday. The renewal notice shall direct the licensee
1777
to appear at a driver license office for in-person renewal or to
1778
transmit the completed renewal notice and the fees required by s.
1779
322.21 to the department using a convenience service by mail,
1780
electronically, or telephonically within the 30 days preceding
1781
the licensee's birthday for a license extension. License
1782
extensions shall not be available to drivers directed to appear
1783
for in-person renewal.
1784
(b) Upon receipt of a properly completed renewal notice,
1785
payment of the required fees, and upon determining that the
1786
licensee is still eligible for renewal, the department shall send
1787
a new license extension sticker to the licensee to affix to the
1788
expiring license as evidence that the license term has been
1789
extended.
1790
(c) The department shall issue one renewal using a
1791
convenience service license extensions for two consecutive
1792
license expirations only. Upon expiration of two consecutive
1793
license extension periods, in-person renewal with reexamination
1794
as provided in s. 322.121 shall be required. A person who is out
1795
of this state when his or her license expires may be issued a 90-
1796
day temporary driving permit without reexamination. At the end of
1797
the 90-day period, the person must either return to this state or
1798
apply for a license where the person is located, except for a
1799
member of the Armed Forces as provided in s. 322.121(6).
1800
(d) In-person renewal at a driver license office shall not
1801
be available to drivers whose records indicate they were directed
1802
to apply for a license extension.
1803
(d)(e) Any person who knowingly possesses any forged,
1804
stolen, fictitious, counterfeit, or unlawfully issued license
1805
extension sticker, unless possession by such person has been duly
1806
authorized by the department, commits a misdemeanor of the second
1808
(e)(f) The department shall develop a plan for the
1809
equitable distribution of license extensions and renewals and the
1810
orderly implementation of this section.
1811
(9)(a) The application form for a renewal issuance or
1812
renewal extension shall include language permitting a voluntary
1813
contribution of $1 per applicant, to be quarterly distributed by
1814
the department to Prevent Blindness Florida, a not-for-profit
1815
organization, to prevent blindness and preserve the sight of the
1816
residents of this state. A statement providing an explanation of
1817
the purpose of the funds shall be included with the application
1818
form.
1819
(b) Prior to the department distributing the funds
1820
collected pursuant to paragraph (a), Prevent Blindness Florida
1821
must submit a report to the department that identifies how such
1822
funds were used during the preceding year.
1823
Section 42. Subsection (4) of section 322.181, Florida
1824
Statutes, is repealed.
1825
Section 43. Subsections (2) and (4) of section 322.19,
1826
Florida Statutes, are amended to read:
1827
322.19 Change of address or name.--
1828
(2) Whenever any person, after applying for or receiving a
1829
driver's license, changes the residence or mailing address in the
1830
application or license, the person must, within 10 calendar days,
1831
either obtain a replacement license that reflects the change or
1832
request in writing a change-of-address sticker. A The written
1833
request to the department must include the old and new addresses
1834
and the driver's license number.
1835
(4) Notwithstanding any other provision of this chapter, if
1836
a licensee established his or her identity for a driver's license
1837
using an identification document authorized under s.
1839
not change his or her name or address except in person and upon
1840
submission of an identification document authorized under s.
1842
Section 44. Subsection (1) of section 322.21, Florida
1843
Statutes, is amended to read:
1844
322.21 License fees; procedure for handling and collecting
1845
fees.--
1846
(1) Except as otherwise provided herein, the fee for:
1847
(a) An original or renewal commercial driver's license is
1848
$67 $50, which shall include the fee for driver education
1849
provided by s. 1003.48; however, if an applicant has completed
1850
training and is applying for employment or is currently employed
1851
in a public or nonpublic school system that requires the
1852
commercial license, the fee shall be the same as for a Class E
1853
driver's license. A delinquent fee of $1 shall be added for a
1854
renewal made not more than 12 months after the license expiration
1855
date. Of the $67 fee, $50 shall be deposited into the General
1856
Revenue Fund. The remaining $17 shall be deposited into the
1857
Highway Safety Operating Trust Fund for the general operations of
1858
the department.
1859
(b) An original Class E driver's license is $27 $20, which
1860
shall include the fee for driver's education provided by s.
1861
1003.48; however, if an applicant has completed training and is
1862
applying for employment or is currently employed in a public or
1863
nonpublic school system that requires a commercial driver
1864
license, the fee shall be the same as for a Class E license. Of
1865
the $27 fee, $20 shall be deposited into the General Revenue
1866
Fund. The remaining $7 shall be deposited into the Highway Safety
1867
Operating Trust Fund for the general operations of the
1868
department.
1869
(c) The renewal or extension of a Class E driver's license
1870
or of a license restricted to motorcycle use only is $20 $15,
1871
except that a delinquent fee of $1 shall be added for a renewal
1872
or extension made not more than 12 months after the license
1873
expiration date. The fee provided in this paragraph shall include
1874
the fee for driver's education provided by s. 1003.48. Of the $20
1875
fee, $15 shall be deposited into the General Revenue Fund. The
1876
remaining $5 shall be deposited into the Highway Safety Operating
1877
Trust Fund for the general operations of the department.
1878
(d) An original driver's license restricted to motorcycle
1879
use only is $27 $20, which shall include the fee for driver's
1880
education provided by s. 1003.48. Of the $27 fee, $20 shall be
1881
deposited into the General Revenue Fund. The remaining $7 shall
1882
be deposited into the Highway Safety Operating Trust Fund for the
1883
general operations of the department.
1884
(e) A replacement driver's license, issued pursuant to s.
1885
322.17 is $10. Of the $10 fee, $3 shall be deposited into the
1886
General Revenue Fund. The remaining $7 shall be deposited into
1887
the Highway Safety Operating Trust Fund for the general
1888
operations of the department.
1889
(f) An original or renewal identification card issued
1890
pursuant to s. 322.051 is $10. Of the $10 fee, $4 shall be
1891
deposited into the General Revenue Fund. The remaining $6 shall
1892
be deposited in the Highway Safety Operating Trust Fund for the
1893
general operations of the department.
1894
(g)(e) Each endorsement required by s. 322.57 is $7 $5. Of
1895
the $7 fee, $5 shall be deposited into the General Revenue Fund.
1896
The remaining $2 shall be deposited into the Highway Safety
1897
Operating Trust Fund for the general operations of the
1898
department.
1899
(h)(f) A hazardous-materials endorsement, as required by s.
1900
322.57(1)(d), shall be set by the department by rule and shall
1901
reflect the cost of the required criminal history check,
1902
including the cost of the state and federal fingerprint check,
1903
and the cost to the department of providing and issuing the
1904
license. The fee shall not exceed $100. This fee shall be
1905
deposited in the Highway Safety Operating Trust Fund. The
1906
department may adopt rules to administer this section.
1907
Section 45. Subsection (3) of section 322.2715, Florida
1908
Statutes, is amended to read:
1909
322.2715 Ignition interlock device.--
1910
(3) If the person is convicted of:
1911
(a) A first offense of driving under the influence under s.
1912
316.193 and has an unlawful blood-alcohol level or breath-alcohol
1913
level as specified in s. 316.193(4), or if a person is convicted
1914
of a violation of s. 316.193 and was at the time of the offense
1915
accompanied in the vehicle by a person younger than 18 years of
1916
age, the person shall have the ignition interlock device
1917
installed for not less than 6 continuous months for the first
1918
offense and for not less than at least 2 continuous years for a
1919
second offense.
1920
(b) A second offense of driving under the influence, the
1921
ignition interlock device shall be installed for a period of not
1922
less than 1 continuous year.
1923
(c) A third offense of driving under the influence which
1924
occurs within 10 years after a prior conviction for a violation
1925
of s. 316.193, the ignition interlock device shall be installed
1926
for a period of not less than 2 continuous years.
1927
(d) A third offense of driving under the influence which
1928
occurs more than 10 years after the date of a prior conviction,
1929
the ignition interlock device shall be installed for a period of
1930
not less than 2 continuous years.
1931
Section 46. Section 322.291, Florida Statutes, is amended
1932
to read:
1933
322.291 Driver improvement schools or DUI programs;
1934
required in certain suspension and revocation cases.--Except as
1935
provided in s. 322.03(2), any person:
1936
(1) Whose driving privilege has been revoked:
1937
(a) Upon conviction for:
1938
1. Driving, or being in actual physical control of, any
1939
vehicle while under the influence of alcoholic beverages, any
1940
chemical substance set forth in s. 877.111, or any substance
1941
controlled under chapter 893, in violation of s. 316.193;
1942
2. Driving with an unlawful blood- or breath-alcohol level;
1943
3. Manslaughter resulting from the operation of a motor
1944
vehicle;
1945
4. Failure to stop and render aid as required under the
1946
laws of this state in the event of a motor vehicle crash
1947
resulting in the death or personal injury of another;
1948
5. Reckless driving; or
1949
(b) As an habitual offender;
1950
(c) Upon direction of the court, if the court feels that
1951
the seriousness of the offense and the circumstances surrounding
1952
the conviction warrant the revocation of the licensee's driving
1953
privilege; or
1954
(2) Whose license was suspended under the point system, was
1955
suspended for driving with an unlawful blood-alcohol level of
1956
0.10 percent or higher before January 1, 1994, was suspended for
1957
driving with an unlawful blood-alcohol level of 0.08 percent or
1958
higher after December 31, 1993, was suspended for a violation of
1959
s. 316.193(1), or was suspended for refusing to submit to a
1960
lawful breath, blood, or urine test as provided in s. 322.2615
1961
1962
shall, before the driving privilege may be reinstated, present to
1963
the department proof of enrollment in a department-approved
1964
advanced driver improvement course operating pursuant to s.
1965
318.1451 or a substance abuse education course conducted by a DUI
1966
program licensed pursuant to s. 322.292, which shall include a
1967
psychosocial evaluation and treatment, if referred. Additionally,
1968
for a third or subsequent violation involving the required use of
1969
an ignition interlock device, the person shall be required to
1970
complete treatment as determined by a licensed treatment agency
1971
following a referral by a DUI program and have the duration of
1972
the requirement to use an ignition interlock device extended for
1973
a least 1 month or up to the time required to complete treatment.
1974
If the person fails to complete such course or evaluation within
1975
90 days after reinstatement, or subsequently fails to complete
1976
treatment, if referred, the DUI program shall notify the
1977
department of the failure. Upon receipt of the notice, the
1978
department shall cancel the offender's driving privilege,
1979
notwithstanding the expiration of the suspension or revocation of
1980
the driving privilege. The department may temporarily reinstate
1981
the driving privilege upon verification from the DUI program that
1982
the offender has completed the education course and evaluation
1983
requirement and has reentered and is currently participating in
1984
treatment. If the DUI program notifies the department of the
1985
second failure to complete treatment, the department shall
1986
reinstate the driving privilege only after notice of completion
1987
of treatment from the DUI program.
1988
Section 47. Section 322.36, Florida Statutes, is amended to
1989
read:
1990
322.36 Permitting unauthorized operator to drive.--A No
1991
person may not shall authorize or knowingly permit a motor
1992
vehicle owned by him or her or under his or her dominion or
1993
control to be operated upon any highway or public street except
1994
by a person who is persons duly authorized to operate a motor
1995
vehicle vehicles under the provisions of this chapter. Any person
1996
who violates violating this section commits provision is guilty
1997
of a misdemeanor of the second degree, punishable as provided in
1999
knowingly loaning a vehicle to a person whose driver's license is
2000
suspended and if that vehicle is involved in an accident
2001
resulting in bodily injury or death, the driver's license of the
2002
person violating this section shall be suspended for 1 year.
2003
Section 48. Section 322.60, Florida Statutes, is repealed.
2004
Section 49. Subsections (1), (2), (3), (4), (5), and (6) of
2005
section 322.61, Florida Statutes, are amended to read:
2006
322.61 Disqualification from operating a commercial motor
2007
vehicle.--
2008
(1) A person who, for offenses occurring within a 3-year
2009
period, is convicted of two of the following serious traffic
2010
violations or any combination thereof, arising in separate
2011
incidents committed in a commercial motor vehicle shall, in
2012
addition to any other applicable penalties, be disqualified from
2013
operating a commercial motor vehicle for a period of 60 days. A
2014
holder of a commercial driver's license person who, for offenses
2015
occurring within a 3-year period, is convicted of two of the
2016
following serious traffic violations, or any combination thereof,
2017
arising in separate incidents committed in a noncommercial motor
2018
vehicle shall, in addition to any other applicable penalties, be
2019
disqualified from operating a commercial motor vehicle for a
2020
period of 60 days if such convictions result in the suspension,
2021
revocation, or cancellation of the licenseholder's driving
2022
privilege:
2023
(a) A violation of any state or local law relating to motor
2024
vehicle traffic control, other than a parking violation, a weight
2025
violation, or a vehicle equipment violation, arising in
2026
connection with a crash resulting in death or personal injury to
2027
any person;
2028
(b) Reckless driving, as defined in s. 316.192;
2029
(c) Careless driving, as defined in s. 316.1925;
2030
(d) Fleeing or attempting to elude a law enforcement
2031
officer, as defined in s. 316.1935;
2032
(e) Unlawful speed of 15 miles per hour or more above the
2033
posted speed limit;
2034
(f) Driving a commercial motor vehicle, owned by such
2035
person, which is not properly insured;
2036
(g) Improper lane change, as defined in s. 316.085;
2037
(h) Following too closely, as defined in s. 316.0895;
2038
(i) Driving a commercial vehicle without obtaining a
2039
commercial driver's license;
2040
(j) Driving a commercial vehicle without the proper class
2041
of commercial driver's license or without the proper endorsement;
2042
or
2043
(k) Driving a commercial vehicle without a commercial
2044
driver's license in possession, as required by s. 322.03. Any
2045
individual who provides proof to the clerk of the court or
2046
designated official in the jurisdiction where the citation was
2047
issued, by the date the individual must appear in court or pay
2048
any fine for such a violation, that the individual held a valid
2049
commercial driver's license on the date the citation was issued
2050
is not guilty of this offense.
2051
(2)(a) Any person who, for offenses occurring within a 3-
2052
year period, is convicted of three serious traffic violations
2053
specified in subsection (1) or any combination thereof, arising
2054
in separate incidents committed in a commercial motor vehicle
2055
shall, in addition to any other applicable penalties, including
2056
but not limited to the penalty provided in subsection (1), be
2057
disqualified from operating a commercial motor vehicle for a
2058
period of 120 days.
2059
(b) A holder of a commercial driver's license person who,
2060
for offenses occurring within a 3-year period, is convicted of
2061
three serious traffic violations specified in subsection (1) or
2062
any combination thereof arising in separate incidents committed
2063
in a noncommercial motor vehicle shall, in addition to any other
2064
applicable penalties, including, but not limited to, the penalty
2065
provided in subsection (1), be disqualified from operating a
2066
commercial motor vehicle for a period of 120 days if such
2067
convictions result in the suspension, revocation, or cancellation
2068
of the licenseholder's driving privilege.
2069
(3)(a) Except as provided in subsection (4), any person who
2070
is convicted of one of the following offenses listed in paragraph
2071
(b) while operating a commercial motor vehicle shall, in addition
2072
to any other applicable penalties, be disqualified from operating
2073
a commercial motor vehicle for a period of 1 year:
2074
(b) Except as provided in subsection (4), any holder of a
2075
commercial driver's license who is convicted of one of the
2076
offenses listed in this paragraph while operating a noncommercial
2077
motor vehicle shall, in addition to any other applicable
2078
penalties, be disqualified from operating a commercial motor
2079
vehicle for a period of 1 year:
2080
1.(a) Driving a commercial motor vehicle while he or she is
2081
under the influence of alcohol or a controlled substance;
2082
2.(b) Driving a commercial motor vehicle while the alcohol
2083
concentration of his or her blood, breath, or urine is .04
2084
percent or higher;
2085
3.(c) Leaving the scene of a crash involving a commercial
2086
motor vehicle driven by such person;
2087
4.(d) Using a commercial motor vehicle in the commission of
2088
a felony;
2089
5.(e) Driving a commercial motor vehicle while in
2090
possession of a controlled substance;
2091
6.(f) Refusing to submit to a test to determine his or her
2092
alcohol concentration while driving a commercial motor vehicle;
2093
7.(g) Driving a commercial vehicle while the
2094
licenseholder's commercial driver's license is suspended,
2095
revoked, or canceled or while the licenseholder is disqualified
2096
from driving a commercial vehicle; or
2097
8.(h) Causing a fatality through the negligent operation of
2098
a commercial motor vehicle.
2099
(4) Any person who is transporting hazardous materials as
2100
defined in s. 322.01(24) in a vehicle that is required to be
2101
placarded in accordance with Title 49 C.F.R. part 172, subpart F
2102
shall, upon conviction of an offense specified in subsection (3),
2103
be disqualified from operating a commercial motor vehicle for a
2104
period of 3 years. The penalty provided in this subsection shall
2105
be in addition to any other applicable penalty.
2106
(5) Any person who is convicted of two violations specified
2107
in subsection (3) which were committed while operating a
2108
commercial motor vehicle, or any combination thereof, arising in
2109
separate incidents shall be permanently disqualified from
2110
operating a commercial motor vehicle. Any holder of a commercial
2111
driver's license who is convicted of two violations specified in
2112
subsection (3) which were committed while operating a
2113
noncommercial motor vehicle, or any combination thereof, arising
2114
in separate incidents shall be permanently disqualified from
2115
operating a commercial motor vehicle. The penalty provided in
2116
this subsection is shall be in addition to any other applicable
2117
penalty.
2118
(6) Notwithstanding subsections (3), (4), and (5), any
2119
person who uses a commercial motor vehicle in the commission of
2120
any felony involving the manufacture, distribution, or dispensing
2121
of a controlled substance, including possession with intent to
2122
manufacture, distribute, or dispense a controlled substance,
2123
shall, upon conviction of such felony, be permanently
2124
disqualified from operating a commercial motor vehicle.
2125
Notwithstanding subsections (3), (4), and (5), any holder of a
2126
commercial driver's license who uses a noncommercial motor
2127
vehicle in the commission of any felony involving the
2128
manufacture, distribution, or dispensing of a controlled
2129
substance, including possession with intent to manufacture,
2130
distribute, or dispense a controlled substance, shall, upon
2131
conviction of such felony, be permanently disqualified from
2132
operating a commercial motor vehicle. The penalty provided in
2133
this subsection is shall be in addition to any other applicable
2134
penalty.
2135
Section 50. Section 322.64, Florida Statutes, is amended to
2136
read:
2137
322.64 Holder of commercial driver's license; persons
2138
operating a commercial motor vehicle; driving with unlawful
2139
blood-alcohol level; refusal to submit to breath, urine, or blood
2140
test.--
2141
(1)(a) A law enforcement officer or correctional officer
2142
shall, on behalf of the department, disqualify from operating any
2143
commercial motor vehicle a person who while operating or in
2144
actual physical control of a commercial motor vehicle is arrested
2145
for a violation of s. 316.193, relating to unlawful blood-alcohol
2146
level or breath-alcohol level, or a person who has refused to
2147
submit to a breath, urine, or blood test authorized by s. 322.63
2148
arising out of the operation or actual physical control of a
2149
commercial motor vehicle. A law enforcement officer or
2150
correctional officer shall, on behalf of the department,
2151
disqualify the holder of a commercial driver's license from
2152
operating any commercial motor vehicle if the licenseholder,
2153
while operating or in actual physical control of a motor vehicle,
2154
is arrested for a violation of s. 316.193, relating to unlawful
2155
blood-alcohol level or breath-alcohol level, or refused to submit
2156
to a breath, urine, or blood test authorized by s. 322.63. Upon
2157
disqualification of the person, the officer shall take the
2158
person's driver's license and issue the person a 10-day temporary
2159
permit for the operation of noncommercial vehicles only if the
2160
person is otherwise eligible for the driving privilege and shall
2161
issue the person a notice of disqualification. If the person has
2162
been given a blood, breath, or urine test, the results of which
2163
are not available to the officer at the time of the arrest, the
2164
agency employing the officer shall transmit such results to the
2165
department within 5 days after receipt of the results. If the
2166
department then determines that the person was arrested for a
2167
violation of s. 316.193 and that the person had a blood-alcohol
2168
level or breath-alcohol level of 0.08 or higher, the department
2169
shall disqualify the person from operating a commercial motor
2170
vehicle pursuant to subsection (3).
2171
(b) The disqualification under paragraph (a) shall be
2172
pursuant to, and the notice of disqualification shall inform the
2173
driver of, the following:
2174
1.a. The driver refused to submit to a lawful breath,
2175
blood, or urine test and he or she is disqualified from operating
2176
a commercial motor vehicle for a period of 1 year, for a first
2177
refusal, or permanently, if he or she has previously been
2178
disqualified as a result of a refusal to submit to such a test;
2179
or
2180
b. The driver was driving or in actual physical control of
2181
a commercial motor vehicle, or any motor vehicle if the driver
2182
holds a commercial driver's license, had an unlawful blood-
2183
alcohol level or breath-alcohol level of 0.08 or higher, and his
2184
or her driving privilege shall be disqualified for a period of 6
2185
months for a first offense or for a period of 1 year if his or
2186
her driving privilege has been previously disqualified under this
2187
section. violated s. 316.193 by driving with an unlawful blood-
2188
alcohol level and he or she is disqualified from operating a
2189
commercial motor vehicle for a period of 6 months for a first
2190
offense or for a period of 1 year if he or she has previously
2191
been disqualified, or his or her driving privilege has been
2192
previously suspended, for a violation of s. 316.193.
2193
2. The disqualification period for operating commercial
2194
vehicles shall commence on the date of arrest or issuance of the
2195
notice of disqualification, whichever is later.
2196
3. The driver may request a formal or informal review of
2197
the disqualification by the department within 10 days after the
2198
date of arrest or issuance of the notice of disqualification,
2199
whichever is later.
2200
4. The temporary permit issued at the time of arrest or
2201
disqualification expires will expire at midnight of the 10th day
2202
following the date of disqualification.
2203
5. The driver may submit to the department any materials
2204
relevant to the disqualification arrest.
2205
(2) Except as provided in paragraph (1)(a), the law
2206
enforcement officer shall forward to the department, within 5
2207
days after the date of the arrest or the issuance of the notice
2208
of disqualification, whichever is later, a copy of the notice of
2209
disqualification, the driver's license of the person disqualified
2210
arrested, and a report of the arrest, including, if applicable,
2211
an affidavit stating the officer's grounds for belief that the
2212
person disqualified arrested was operating or in actual physical
2213
control of a commercial motor vehicle, or holds a commercial
2214
driver's license, and had an unlawful blood-alcohol or breath-
2215
alcohol level in violation of s. 316.193; the results of any
2216
breath or blood or urine test or an affidavit stating that a
2217
breath, blood, or urine test was requested by a law enforcement
2218
officer or correctional officer and that the person arrested
2219
refused to submit; a copy of the notice of disqualification
2220
citation issued to the person arrested; and the officer's
2221
description of the person's field sobriety test, if any. The
2222
failure of the officer to submit materials within the 5-day
2223
period specified in this subsection or subsection (1) does shall
2224
not affect the department's ability to consider any evidence
2225
submitted at or prior to the hearing. The officer may also submit
2226
a copy of a videotape of the field sobriety test or the attempt
2227
to administer such test and a copy of the crash report, if any.
2228
(3) If the department determines that the person arrested
2229
should be disqualified from operating a commercial motor vehicle
2230
pursuant to this section and if the notice of disqualification
2231
has not already been served upon the person by a law enforcement
2232
officer or correctional officer as provided in subsection (1),
2233
the department shall issue a notice of disqualification and,
2234
unless the notice is mailed pursuant to s. 322.251, a temporary
2235
permit which expires 10 days after the date of issuance if the
2236
driver is otherwise eligible.
2237
(4) If the person disqualified arrested requests an
2238
informal review pursuant to subparagraph (1)(b)3., the department
2239
shall conduct the informal review by a hearing officer employed
2240
by the department. Such informal review hearing shall consist
2241
solely of an examination by the department of the materials
2242
submitted by a law enforcement officer or correctional officer
2243
and by the person disqualified arrested, and the presence of an
2244
officer or witness is not required.
2245
(5) After completion of the informal review, notice of the
2246
department's decision sustaining, amending, or invalidating the
2247
disqualification must be provided to the person. Such notice must
2248
be mailed to the person at the last known address shown on the
2249
department's records, and to the address provided in the law
2250
enforcement officer's report if such address differs from the
2251
address of record, within 21 days after the expiration of the
2252
temporary permit issued pursuant to subsection (1) or subsection
2253
(3).
2254
(6)(a) If the person disqualified arrested requests a
2255
formal review, the department must schedule a hearing to be held
2256
within 30 days after such request is received by the department
2257
and must notify the person of the date, time, and place of the
2258
hearing.
2259
(b) Such formal review hearing shall be held before a
2260
hearing officer employed by the department, and the hearing
2261
officer shall be authorized to administer oaths, examine
2262
witnesses and take testimony, receive relevant evidence, issue
2263
subpoenas for the officers and witnesses identified in documents
2264
as provided in subsection (2), regulate the course and conduct of
2265
the hearing, and make a ruling on the disqualification. The
2266
department and the person disqualified arrested may subpoena
2267
witnesses, and the party requesting the presence of a witness
2268
shall be responsible for the payment of any witness fees. If the
2269
person who requests a formal review hearing fails to appear and
2270
the hearing officer finds such failure to be without just cause,
2271
the right to a formal hearing is waived and the department shall
2272
conduct an informal review of the disqualification under
2273
subsection (4).
2274
(c) A party may seek enforcement of a subpoena under
2275
paragraph (b) by filing a petition for enforcement in the circuit
2276
court of the judicial circuit in which the person failing to
2277
comply with the subpoena resides. A failure to comply with an
2278
order of the court shall result in a finding of contempt of
2279
court. However, a person shall not be in contempt while a
2280
subpoena is being challenged.
2281
(d) The department must, within 7 days after a formal
2282
review hearing, send notice to the person of the hearing
2283
officer's decision as to whether sufficient cause exists to
2284
sustain, amend, or invalidate the disqualification.
2285
(7) In a formal review hearing under subsection (6) or an
2286
informal review hearing under subsection (4), the hearing officer
2287
shall determine by a preponderance of the evidence whether
2288
sufficient cause exists to sustain, amend, or invalidate the
2289
disqualification. The scope of the review shall be limited to the
2290
following issues:
2291
(a) If the person was disqualified from operating a
2292
commercial motor vehicle for driving with an unlawful blood-
2293
alcohol level in violation of s. 316.193:
2294
1. Whether the arresting law enforcement officer had
2295
probable cause to believe that the person was driving or in
2296
actual physical control of a commercial motor vehicle, or any
2297
motor vehicle if the driver holds a commercial driver's license,
2298
in this state while he or she had any alcohol, chemical
2299
substances, or controlled substances in his or her body.
2300
2. Whether the person was placed under lawful arrest for a
2301
violation of s. 316.193.
2302
2.3. Whether the person had an unlawful blood-alcohol level
2303
or breath-alcohol level of 0.08 or higher as provided in s.
2304
2305
(b) If the person was disqualified from operating a
2306
commercial motor vehicle for refusal to submit to a breath,
2307
blood, or urine test:
2308
1. Whether the law enforcement officer had probable cause
2309
to believe that the person was driving or in actual physical
2310
control of a commercial motor vehicle, or any motor vehicle if
2311
the driver holds a commercial driver's license, in this state
2312
while he or she had any alcohol, chemical substances, or
2313
controlled substances in his or her body.
2314
2. Whether the person refused to submit to the test after
2315
being requested to do so by a law enforcement officer or
2316
correctional officer.
2317
3. Whether the person was told that if he or she refused to
2318
submit to such test he or she would be disqualified from
2319
operating a commercial motor vehicle for a period of 1 year or,
2320
in the case of a second refusal, permanently.
2321
(8) Based on the determination of the hearing officer
2322
pursuant to subsection (7) for both informal hearings under
2323
subsection (4) and formal hearings under subsection (6), the
2324
department shall:
2325
(a) Sustain the disqualification for a period of 1 year for
2326
a first refusal, or permanently if such person has been
2327
previously disqualified from operating a commercial motor vehicle
2328
as a result of a refusal to submit to such tests. The
2329
disqualification period commences on the date of the arrest or
2330
issuance of the notice of disqualification, whichever is later.
2331
(b) Sustain the disqualification:
2332
1. For a period of 1 year if the person was driving or in
2333
actual physical control of a commercial motor vehicle, or any
2334
motor vehicle if the driver holds a commercial driver's license,
2335
and had an unlawful blood-alcohol level or breath-alcohol level
2336
of 0.08 or higher; or 6 months for a violation of s. 316.193 or
2337
for a period of 1 year
2338
2. Permanently if the person has been previously
2339
disqualified from operating a commercial motor vehicle or his or
2340
her driving privilege has been previously suspended for driving
2341
or being in actual physical control of a commercial motor
2342
vehicle, or any motor vehicle if the driver holds a commercial
2343
driver's license, and had an unlawful blood-alcohol level or
2344
breath-alcohol level of 0.08 or higher as a result of a
2345
violation of s. 316.193.
2346
2347
The disqualification period commences on the date of the arrest
2348
or issuance of the notice of disqualification, whichever is
2349
later.
2350
(9) A request for a formal review hearing or an informal
2351
review hearing shall not stay the disqualification. If the
2352
department fails to schedule the formal review hearing to be held
2353
within 30 days after receipt of the request therefor, the
2354
department shall invalidate the disqualification. If the
2355
scheduled hearing is continued at the department's initiative,
2356
the department shall issue a temporary driving permit limited to
2357
noncommercial vehicles which is shall be valid until the hearing
2358
is conducted if the person is otherwise eligible for the driving
2359
privilege. Such permit shall not be issued to a person who sought
2360
and obtained a continuance of the hearing. The permit issued
2361
under this subsection shall authorize driving for business
2362
purposes or employment use only.
2363
(10) A person who is disqualified from operating a
2364
commercial motor vehicle under subsection (1) or subsection (3)
2365
is eligible for issuance of a license for business or employment
2366
purposes only under s. 322.271 if the person is otherwise
2367
eligible for the driving privilege. However, such business or
2368
employment purposes license shall not authorize the driver to
2369
operate a commercial motor vehicle.
2370
(11) The formal review hearing may be conducted upon a
2371
review of the reports of a law enforcement officer or a
2372
correctional officer, including documents relating to the
2373
administration of a breath test or blood test or the refusal to
2374
take either test. However, as provided in subsection (6), the
2375
driver may subpoena the officer or any person who administered or
2376
analyzed a breath or blood test.
2377
(12) The formal review hearing and the informal review
2378
hearing are exempt from the provisions of chapter 120. The
2379
department is authorized to adopt rules for the conduct of
2380
reviews under this section.
2381
(13) A person may appeal any decision of the department
2382
sustaining the disqualification from operating a commercial motor
2383
vehicle by a petition for writ of certiorari to the circuit court
2384
in the county wherein such person resides or wherein a formal or
2385
informal review was conducted pursuant to s. 322.31. However, an
2386
appeal shall not stay the disqualification. This subsection shall
2387
not be construed to provide for a de novo appeal.
2388
(14) The decision of the department under this section
2389
shall not be considered in any trial for a violation of s.
2391
submitted by a person in his or her request for departmental
2392
review under this section be admissible into evidence against him
2393
or her in any such trial. The disposition of any related criminal
2394
proceedings shall not affect a disqualification imposed pursuant
2395
to this section.
2396
(15) This section does not preclude the suspension of the
2397
driving privilege pursuant to s. 322.2615. The driving privilege
2398
of a person who has been disqualified from operating a commercial
2399
motor vehicle also may be suspended for a violation of s.
2400
2401
Section 51. Subsection (10) of section 324.021, Florida
2402
Statutes, is amended to read:
2403
324.021 Definitions; minimum insurance required.--The
2404
following words and phrases when used in this chapter shall, for
2405
the purpose of this chapter, have the meanings respectively
2406
ascribed to them in this section, except in those instances where
2407
the context clearly indicates a different meaning:
2408
(10) JUDGMENT.--Any judgment becomes which shall have
2409
become final by expiration without appeal of the time within
2410
which an appeal might have been perfected, or by final
2411
affirmation on appeal, rendered by a court of competent
2412
jurisdiction of any state or of the United States upon a cause of
2413
action arising out of the ownership, maintenance, or use of any
2414
motor vehicle for damages, including damages for care and loss of
2415
services because of bodily injury to or death of any person, or
2416
for damages because of injury to or destruction of property,
2417
including the loss of use thereof, or upon a cause of action on
2418
an agreement of settlement for such damage.
2419
Section 52. Subsection (19) of section 501.976, Florida
2420
Statutes, is amended to read:
2421
501.976 Actionable, unfair, or deceptive acts or
2422
practices.--It is an unfair or deceptive act or practice,
2423
actionable under the Florida Deceptive and Unfair Trade Practices
2424
Act, for a dealer to:
2425
(19) Fail to disclose damage to a new motor vehicle, as
2427
actual knowledge, if the dealer's actual cost of repairs exceeds
2428
the threshold amount, excluding replacement items.
2429
2430
In any civil litigation resulting from a violation of this
2431
section, when evaluating the reasonableness of an award of
2432
attorney's fees to a private person, the trial court shall
2433
consider the amount of actual damages in relation to the time
2434
spent.
2435
Section 53. (1) The Automobile Lenders Industry Task Force
2436
is created within the Department of Highway Safety and Motor
2437
Vehicles. The task force shall make recommendations on proposed
2438
legislation and proposed department rules, shall present issues
2439
concerning the motor vehicle lending industry to the department
2440
for its consideration, shall consider any matters relating to the
2441
motor vehicle lending industry which are presented to it by the
2442
department, and shall submit a final report, including
2443
legislative proposals to the Governor, the President of the
2444
Senate, the Speaker of the House of Representatives and
2445
appropriate committees within the Legislature by June 30, 2009,
2446
when the task force shall cease to exist.
2447
(2) The task force shall be composed of 12 members
2448
appointed by each of the following organizations: one
2449
representative of the Department of Highway Safety and Motor
2450
Vehicles; one representative of the independent motor vehicle
2451
industry, appointed by the Florida Independent Automobile Dealers
2452
Association; one representative of the franchise motor vehicle
2453
industry, appointed by the Florida Automobile Dealers
2454
Association; one representative of credit unions, appointed by
2455
the Florida Credit Union League; one representative of the
2456
banking industry, appointed by the Florida Bankers Association;
2457
one representative of the insurance industry, appointed by the
2458
Florida Insurance Council; one state attorney, appointed by the
2459
Florida State Attorneys Association; one representative of the
2460
Office of Financial Regulation of the Department of Financial
2461
Services; one representative of a law enforcement agency,
2462
appointed by the Florida Auto Theft Intelligence Unit; one
2463
representative of the auto repair industry, appointed by the
2464
Florida Automotive Services Association; one representative of
2465
the towing industry, appointed by the Professional Wrecker
2466
Operators of Florida; and one representative of independent motor
2467
vehicle finance companies, appointed by the Florida Financial
2468
Services Association.
2469
(3)(a) The task force shall elect a chair and vice chair at
2470
its initial meeting, which shall be held by July 15, 2008.
2471
(b) The task force shall meet at least four times in
2472
different areas of the state, including one meeting in
2473
Tallahassee. Meetings may be called by the chair or by a simple
2474
majority of the members. The task force shall conduct all
2475
meetings pursuant to general law and shall keep minutes of its
2476
meetings. Meetings may be held in locations around the state in
2477
department facilities or in other appropriate locations. The
2478
department shall provide administrative support to the task
2479
force.
2480
(3) Members from the private sector are not entitled to per
2481
diem or reimbursement for travel expenses. However, members from
2482
the public sector are entitled to reimbursement, if any, from
2483
their respective agency. The task force may request assistance
2484
from the Department of Highway Safety and Motor Vehicles as
2485
necessary.
2486
Section 54. Except for specialty license plates approved
2487
before or during the 2008 Legislative session, the Department of
2488
Highway Safety and Motor Vehicles may not issue any new specialty
2490
Statutes, between July 1, 2008, and July 1, 2011.
2491
Section 55. Except as otherwise expressly provided in this
2492
act and except for this section, which shall take effect July 1,
2493
2008, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.