CS for CS for CS for SB 1992 First Engrossed

20081992e1

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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 images or devices

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on a motor vehicle; creating s. 316.1926, F.S.; creating

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additional offenses regarding the operation of a motor

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vehicle; amending s. 316.193, F.S.; lowering the blood-

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alcohol or breath-alcohol level for which enhanced

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penalties are imposed against a person who was accompanied

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in the vehicle by a minor at the time of the offense;

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clarifying that an ignition interlock device is installed

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for a continuous period; amending s. 316.1937, F.S.;

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revising the conditions under which the court may require

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the use of an ignition interlock device; amending s.

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316.2085, F.S.; requiring an operator of a motorcycle or

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moped to maintain both wheels on the ground at all times;

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requiring that the license tag of a motorcycle or moped be

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affixed horizontally; amending s. 316.2397, F.S.;

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authorizing specified agencies to display blue lights when

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responding to emergencies; amending s. 316.251, F.S.;

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conforming a cross-reference; amending s. 316.29545, F.S.;

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exempting certain investigative vehicles from the

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prohibition against installing window sunscreening on a

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

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application of certain federal rules; providing for the

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department to perform certain duties assigned under

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federal rules; updating a reference to federal provisions

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governing out-of-service requirements for commercial

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

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penalties upon multiple convictions for violating

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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. 320.0894, F.S.; providing for the issuance of

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Gold Star license plates to certain family members;

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amending s. 320.27, F.S.; revising the insurance

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requirements for persons applying for a motor vehicle

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dealer license; amending s. 320.69, F.S.; authorizing the

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Department of Highway Safety and Motor Vehicles to adopt

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rules, including definitions as necessary; creating s.

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321.26, F.S.; designating the Joseph P. Bertrand Building

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in Fort Myers; amending s. 322.01, F.S.; defining the term

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"convenience service"; redefining the terms "conviction,"

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"hazardous materials," and "out-of-service order";

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amending s. 322.0255, F.S.; revising eligibility for

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reimbursement for organizations that conduct motorcycle

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safety courses; amending s. 322.03, F.S.; deleting

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provisions exempting certain persons from the requirement

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to surrender a license issued by another jurisdiction;

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providing certain exceptions for part-time residents;

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amending ss. 322.051 and 322.08, F.S.; requiring that an

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applicant for an identification card or driver's license

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provide additional information; authorizing use of

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additional documents to prove identity; revising the fee

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requirements; revising provisions providing for the

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expiration of an identification card issued by the

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department; deleting provisions authorizing a voluntary

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contribution; amending s. 322.14, F.S.; requiring that an

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applicant for a driver's license provide a residence

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

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enforcement officer or authorized representative of the

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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 exception; providing 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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322.271.

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

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

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

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

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

473

not less than $5,000, if:

474

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

475

have known, that the crash occurred; and

476

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

477

required by s. 316.062.

478

479

For purposes of this paragraph, the definition of the term

480

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

481

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

482

who is convicted of manslaughter resulting from the operation of

483

a motor vehicle shall be sentenced to a mandatory minimum term of

484

imprisonment of 4 years.

485

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

486

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

487

driving record of the person charged and may obtain any records

488

from any other source to determine if one or more prior

489

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

490

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

491

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

492

conviction must be made by a certified copy of any prior judgment

493

of conviction or judgment withholding adjudication of guilt.

494

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

495

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

496

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

497

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

498

such person into custody, consistent with constitutional

499

requirements, regardless of whether or not the offense was

500

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

501

determination is based upon information provided by anonymous

502

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

503

enter an order of impoundment or immobilization as a condition of

504

incarceration or probation. Within 7 business days after the date

505

the court issues the order of impoundment or immobilization, the

506

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

507

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

508

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

509

to each person of record claiming a lien against the motor

510

vehicle.

511

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

512

contrary, the impounding agency shall release a motor vehicle

513

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

514

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

515

the time of pickup of the motor vehicle.

516

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

517

immobilization, including the cost of notification, must be paid

518

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

519

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

520

vehicle, unless the impoundment or immobilization order is

521

dismissed. All provisions of s. 713.78 shall apply.

522

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

523

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

524

enforcement officer has arrested and taken a person into custody

525

pursuant to this subsection and the person being arrested is the

526

registered owner or coowner of the motor vehicle. If the

527

arresting officer finds that the criteria of this paragraph are

528

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

529

law enforcement officer shall notify the Department of Highway

530

Safety and Motor Vehicles of any impoundment for violation of

531

this subsection in accordance with procedures established by the

532

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

533

shall be applicable to such impoundment.

534

     (4) Any motor vehicle used in violation of subsection (2)

535

by any person within 5 years after the date of a prior conviction

536

of that person for a violation under subsection (2) may be seized

537

and forfeited as provided by the Florida Contraband Forfeiture

538

Act. This subsection shall only be applicable if the owner of the

539

motor vehicle is the person charged with violation of subsection

540

(2).

541

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

542

authorized racetracks, drag strips, or other designated areas set

543

aside by proper authorities for such purposes.

544

     (7) If any provision of this section is deemed

545

unconstitutional by any court, such unconstitutional provision

546

shall be deemed severable and such determination shall not affect

547

the enforceability of all remaining constitutional provisions of

548

this section.

549

     Section 5. Whoever willfully displays on a vehicle an image

550

or device of reproductive glands, commits a noncriminal traffic

551

violation, punishable as a moving violation as provided in

552

chapter 318, Florida Statutes.

553

     Section 6.  Section 316.1926, Florida Statutes, is created

554

to read:

555

     316.1926 Additional offenses.--

556

     (1) A person who violates the provisions of s. 316.2085(2)

557

or (3) shall be cited for a moving violation, punishable as

558

provided in chapter 318.

559

     (2) A person who exceeds a speed limit of 50 miles per hour

560

or more in violation of s. 316.183(2), s. 316.187, or s. 316.189

561

shall be cited for a moving violation, punishable as provided in

562

chapter 318.

563

     Section 7.  Subsection (4) of section 316.193, Florida

564

Statutes, is amended to read:

565

     316.193  Driving under the influence; penalties.--

566

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

567

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

568

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

569

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

570

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

571

age of 18 years, shall be punished:

572

     (a)  By a fine of:

573

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

574

conviction.

575

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

576

conviction.

577

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

578

conviction.

579

     (b)  By imprisonment for:

580

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

581

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

582

583

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

584

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

585

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

586

higher.

587

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

588

the court shall order the mandatory placement, at the convicted

589

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

590

by the department in accordance with s. 316.1938 upon all

591

vehicles that are individually or jointly leased or owned and

592

routinely operated by the convicted person for not less than up

593

to 6 continuous months for the first offense and for not less

594

than at least 2 continuous years for a second offense, when the

595

convicted person qualifies for a permanent or restricted license.

596

The installation of such device may not occur before July 1,

597

2003.

598

     Section 8.  Subsection (1) of section 316.1937, Florida

599

Statutes, is amended to read:

600

     316.1937  Ignition interlock devices, requiring; unlawful

601

acts.--

602

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

603

court may require that any person who is convicted of driving

604

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

605

a motor vehicle unless that vehicle is equipped with a

606

functioning ignition interlock device certified by the department

607

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

608

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

609

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

610

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

611

interlock device for a period of not less than 6 continuous

612

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

613

whether or not the privilege to operate a motor vehicle is

614

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

615

order placement of an ignition interlock device in those

616

circumstances required by s. 316.193.

617

     Section 9.  Subsection (2) of section 316.2085, Florida

618

Statutes, is amended, subsections (3) through (6) of that section

619

are renumbered as subsections (4) through (7), respectively, and

620

a new subsection (3) is added to that section, to read:

621

     316.2085  Riding on motorcycles or mopeds.--

622

     (2)  A person shall ride upon a motorcycle or moped only

623

while sitting astride the seat, with both wheels on the ground at

624

all times, facing forward, and with one leg on each side of the

625

motorcycle or moped. However, it is not a violation of this

626

subsection if the wheels of a motorcycle or moped lose contact

627

with the ground briefly due to the condition of the road surface

628

or other circumstances beyond the control of the operator.

629

     (3) The license tag of a motorcycle or moped must be

630

permanently affixed horizontally to the ground and may not be

631

adjustable or capable of being flipped up.

632

     Section 10.  Subsections (1) and (2) of section 316.2397,

633

Florida Statutes, are amended to read:

634

     316.2397  Certain lights prohibited; exceptions.--

635

     (1) A No person may not shall drive or move or cause to be

636

moved any vehicle or equipment upon any highway within this state

637

with any lamp or device thereon showing or displaying a red or

638

blue light visible from directly in front thereof except for

639

certain vehicles hereinafter provided.

640

     (2)  It is expressly prohibited for any vehicle or

641

equipment, except police vehicles, to show or display blue

642

lights. However, vehicles owned, operated, or leased by the

643

Department of Corrections or any county correctional agency may

644

show or display blue lights when responding to emergencies.

645

     Section 11.  Subsection (2) of section 316.251, Florida

646

Statutes, is amended to read:

647

     316.251  Maximum bumper heights.--

648

     (2) "New motor vehicles" as defined in s. 319.001(9) s.

649

319.001(8), "antique automobiles" as defined in s. 320.08,

650

"horseless carriages" as defined in s. 320.086, and "street rods"

651

as defined in s. 320.0863 shall be excluded from the requirements

652

of this section.

653

     Section 12.  Section 316.29545, Florida Statutes, is amended

654

to read:

655

     316.29545  Window sunscreening exclusions; medical

656

exemption; certain law enforcement vehicles exempt; certain

657

investigative vehicles exempt.--

658

     (1)  The department shall issue medical exemption

659

certificates to persons who are afflicted with Lupus or similar

660

medical conditions which require a limited exposure to light,

661

which certificates shall entitle the person to whom the

662

certificate is issued to have sunscreening material on the

663

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

664

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

665

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

666

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

667

exemption certificate shall include a vehicle description with

668

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

669

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

670

the person or persons who are the registered owners of the

671

vehicle. A medical exemption certificate shall be nontransferable

672

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

673

vehicle identified on the certificate.

674

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

675

vehicles used in undercover or canine operations from the window

676

sunscreening requirements of ss. 316.2951-316.2957.

677

     (b) The department shall exempt from the sunscreening

678

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

679

owned or leased by investigative agencies licensed pursuant to

680

chapter 493 and used in homeland security functions on behalf of

681

federal, state, or local authorities; executive protection

682

activities; undercover, convert, or surveillance operations in

683

cases involving child abductions, convicted sex offenders,

684

insurance fraud, or missing persons or property; or other

685

activities in which evidence is being obtained for civil or

686

criminal proceedings.

687

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

688

to defray the expenses of issuing a medical exemption certificate

689

as described in subsection (1).

690

     Section 13.  Subsections (1), (6), and (8) of section

691

316.302, Florida Statutes, are amended to read:

692

     316.302  Commercial motor vehicles; safety regulations;

693

transporters and shippers of hazardous materials; enforcement.--

694

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

695

that are operated on the public highways of this state while

696

engaged in interstate commerce are subject to the rules and

697

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

698

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

699

owners or drivers of commercial motor vehicles that are engaged

700

in intrastate commerce are subject to the rules and regulations

701

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

702

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

703

of bus, as such rules and regulations existed on October 1, 2007

704

2005.

705

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

706

provided in s. 316.228 for rear overhang lighting and flagging

707

requirements for intrastate operations, the requirements of this

708

section supersede all other safety requirements of this chapter

709

for commercial motor vehicles.

710

     (6)  The state Department of Transportation shall perform

711

the duties that are assigned to the Field Administrator, Federal

712

Motor Carrier Safety Administration Regional Federal Highway

713

Administrator under the federal rules, and an agent of that

714

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

715

rules.

716

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

717

enforcement officer of the Department of Transportation or duly

718

appointed agent who holds a current safety inspector

719

certification from the Commercial Vehicle Safety Alliance may

720

require the driver of any commercial vehicle operated on the

721

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

722

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

723

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

724

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

725

adjustment, and the continued operation would present an unduly

726

hazardous operating condition, the officer may require the

727

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

728

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

729

corrected. However, if continuous operation would not present an

730

unduly hazardous operating condition, the officer may give

731

written notice requiring correction of the condition within 14

732

days.

733

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

734

enforcement officer employed by a sheriff's office or municipal

735

police department authorized to enforce the traffic laws of this

736

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

737

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

738

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

739

section.

740

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

741

request to submit to an inspection under this subsection commits

742

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

743

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

744

resists the officer with violence.

745

     Section 14.  Section 316.3045, Florida Statutes, is amended

746

to read:

747

     316.3045  Operation of radios or other mechanical

748

soundmaking devices or instruments in vehicles; exemptions.--

749

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

750

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

751

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

752

soundmaking device or instrument from within the motor vehicle so

753

that the sound is:

754

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

755

the motor vehicle; or

756

     (b)  Louder than necessary for the convenient hearing by

757

persons inside the vehicle in areas adjoining churches, schools,

758

or hospitals.

759

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

760

any law enforcement motor vehicle equipped with any communication

761

device necessary in the performance of law enforcement duties or

762

to any emergency vehicle equipped with any communication device

763

necessary in the performance of any emergency procedures.

764

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

765

vehicles used for business or political purposes, which in the

766

normal course of conducting such business use soundmaking

767

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

768

prevent local authorities, with respect to streets and highways

769

under their jurisdiction and within the reasonable exercise of

770

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

771

such business may be operated.

772

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

773

noise made by a horn or other warning device required or

774

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

775

Motor Vehicles shall adopt promulgate rules defining "plainly

776

audible" and establish standards regarding how sound should be

777

measured by law enforcement personnel who enforce the provisions

778

of this section.

779

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

780

infraction, punishable as a nonmoving violation as provided in

781

chapter 318.

782

     (6) In addition to any fine administered under subsection

783

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

784

pay upon the 10th or subsequent conviction, a fine of not less

785

than $250 but not more than $500.

786

     Section 15.  Subsection (2) of section 316.613, Florida

787

Statutes, is amended to read:

788

     316.613  Child restraint requirements.--

789

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

790

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

791

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

792

does not include:

793

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

794

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

795

compensation, other than a bus regularly used to transport

796

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

797

conjunction with school activities.

798

     (c)  A farm tractor or implement of husbandry.

799

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

800

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

801

     (e)  A motorcycle, moped, or bicycle.

802

     Section 16.  Section 316.645, Florida Statutes, is amended

803

to read:

804

     316.645  Arrest authority of officer at scene of a traffic

805

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

806

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

807

the crash when, based upon personal investigation, the officer

808

has reasonable and probable grounds to believe that the person

809

has committed any offense under the provisions of this chapter,

810

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

811

     Section 17.  Subsections (1), (3), (4), (5), (6), and (7) of

812

section 316.650, Florida Statutes, are amended to read:

813

     316.650  Traffic citations.--

814

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

815

traffic enforcement agency in this state, an appropriate form

816

traffic citation that contains containing a notice to appear, is

817

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

818

in quintuplicate) and meeting the requirements of this chapter or

819

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

820

shall be consistent with the state traffic court rules and the

821

procedures established by the department. The form shall include

822

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

823

when the officer believes that the traffic violation or crash was

824

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

825

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

826

law enforcement officer when the officer writes a uniform traffic

827

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

828

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

829

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

830

traffic enforcement agency in the state, an appropriate

831

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

832

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

833

and that indicates which shall indicate the specific defect

834

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

835

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

836

316.610 by a commercial motor vehicle as defined in s.

837

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

838

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

839

form traffic citation.

840

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

841

enforcement agency may produce uniform traffic citations by

842

electronic means. Such citations must be consistent with the

843

state traffic court rules and the procedures established by the

844

department and; must be appropriately numbered and inventoried;

845

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

846

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

847

     (d)  The department must distribute to every traffic

848

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

849

infraction reference guide describing the class of the traffic

850

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

851

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

852

necessary to describe a violation and the penalties therefor.

853

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

854

316.1001, each traffic enforcement officer, upon issuing a

855

traffic citation to an alleged violator of any provision of the

856

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

857

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

858

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

859

enforcement agency that which has an automated citation issuance

860

system, the chief administrative officer shall provide by an

861

electronic transmission a replica of the citation data to

862

facsimile with a court having jurisdiction over the alleged

863

offense or with its traffic violations bureau within 5 days after

864

issuance to the violator.

865

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

866

316.1001, a traffic enforcement officer may deposit the original

867

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

868

traffic enforcement agency that has an automated citation system,

869

may provide by an electronic transmission a replica of the

870

citation data to facsimile with a court having jurisdiction over

871

the alleged offense or with its traffic violations bureau within

872

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

873

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

874

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

875

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

876

owning the applicable toll facility, plus the amount of the

877

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

878

governmental entity that issued the citation, or on whose behalf

879

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

880

traffic citation will not be submitted to the court, the

881

disposition will be reported to the department by the

882

governmental entity that issued the citation, or on whose behalf

883

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

884

the person's driver's license.

885

     (4)  The chief administrative officer of every traffic

886

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

887

officer-agency department record copy of every traffic citation

888

issued by an officer under the chief administrative officer's

889

supervision to an alleged violator of any traffic law or

890

ordinance and of all copies of every traffic citation that which

891

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

892

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

893

enforcement agency that which has an automated citation issuance

894

system, the chief administrative officer shall require the return

895

of all electronic traffic citation records.

896

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

897

traffic citation or upon deposit of an electronic transmission of

898

a replica of citation data facsimile of the traffic citation with

899

respect to traffic enforcement agencies that which have an

900

automated citation issuance system with a court having

901

jurisdiction over the alleged offense or with its traffic

902

violations bureau as aforesaid, the original citation, the

903

electronic citation containing a replica of citation data

904

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

905

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

906

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

907

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

908

violations bureau by the person to whom such traffic citation has

909

been issued by the traffic enforcement officer.

910

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

911

form approved by the department, the department record copy of

912

the uniform traffic citation to the department within 5 days

913

after submission of the original, groups of issued citations and

914

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

915

court. Batches of electronic citations containing a replica of

916

citation data may be transmitted to the court department in an

917

electronic automated fashion, in a format form prescribed by the

918

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

919

of such transmittal shall also be provided to the court having

920

jurisdiction for accountability purposes.

921

     (7)  The chief administrative officer shall also maintain or

922

cause to be maintained in connection with every traffic citation

923

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

924

disposition of the charge by the court or its traffic violations

925

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

926

electronic citation was deposited.

927

     Section 18.  Paragraph (a) of subsection (2) of section

928

316.656, Florida Statutes, is amended to read:

929

     316.656  Mandatory adjudication; prohibition against

930

accepting plea to lesser included offense.--

931

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

932

lesser offense from a person charged under the provisions of this

933

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

934

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

935

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

936

     Section 19.  Subsection (9) of section 318.14, Florida

937

Statutes, is amended, and subsection (13) is added to that

938

section, to read:

939

     318.14  Noncriminal traffic infractions; exception;

940

procedures.--

941

     (9)  Any person who does not hold a commercial driver's

942

license and who is cited for an infraction under this section

943

other than a violation of s. 316.183(2), s. 316.187, or s.

944

316.189 when the driver exceeds the posted limit by 30 miles per

945

hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s.

946

322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court

947

appearance, elect to attend in the location of his or her choice

948

within this state a basic driver improvement course approved by

949

the Department of Highway Safety and Motor Vehicles. In such a

950

case, adjudication must be withheld; points, as provided by s.

951

322.27, may not be assessed; and the civil penalty that is

952

imposed by s. 318.18(3) must be reduced by 18 percent; however, a

953

person may not make an election under this subsection if the

954

person has made an election under this subsection in the

955

preceding 12 months. A person may make no more than five

956

elections within 10 years under this subsection. The requirement

957

for community service under s. 318.18(8) is not waived by a plea

958

of nolo contendere or by the withholding of adjudication of guilt

959

by a court.

960

     (13)(a) A person cited for a violation of s. 316.1926

961

shall, in addition to any other requirements provided herein, pay

962

a fine of $1,000. This fine is in lieu of the fine required under

963

318.18(3)(b) if the person is cited for violation of s.

964

316.1926(2).

965

     (b) A person cited for a second violation of s. 316.1926

966

shall, in addition to any other requirements provided herein, pay

967

a fine of $2,500. This fine is in lieu of the fine required under

968

s. 318.18(3)(b) if the person is cited for violation of s.

969

316.1926(2). In addition, the court shall revoke the person's

970

authorization and privilege to operate a motor vehicle for a

971

period of 1 year and order the person to surrender his or her

972

driver's license.

973

     (c) A person cited for a third violation of s. 316.1926

974

commits a felony of the third degree, punishable as provided in

975

s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court

976

shall revoke the person's authorization and privilege to operate

977

a motor vehicle for a period of 10 years, and order the person to

978

surrender his or her driver's license.

979

     Section 20.  Section 318.195, Florida Statutes, is created

980

to read:

981

     318.195 Enhanced penalties for moving violations causing

982

injury or death to motorcyclists.--

983

     (1) A person who is convicted of a moving violation that

984

causes serious bodily injury, as defined in s. 316.1933(1)(b), to

985

another person on a motorcycle commits a misdemeanor of the

986

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

987

775.083, shall pay a fine of not less than $500, shall serve a

988

minimum of 30 days' imprisonment, and shall be required to attend

989

a driver improvement course. In addition, the court shall revoke

990

the person's driver's license for at least 30 days.

991

     (2) A person who is convicted of a moving violation that

992

causes or contributes to causing the death of another person on a

993

motorcycle commits a misdemeanor of the first degree, punishable

994

as provided in s. 775.082 or s. 775.083, shall pay a fine of at

995

least $1,000, shall serve a minimum term of 90 days'

996

imprisonment, and, in lieu of s. 322.0261, shall be required to

997

attend an advanced driver improvement course. In addition, the

998

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

999

for 1 year.

1000

     (3) This section does not prohibit a person from being

1001

charged with, convicted of, or punished for any other violation

1002

of law.

1003

     Section 21.  Subsection (12) is added to section 319.001,

1004

Florida Statutes, to read:

1005

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

1006

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

1007

evidence of ownership of a vehicle, whether a paper certificate

1008

authorized by the department or a certificate consisting of

1009

information that is stored in an electronic form in the

1010

department's database.

1011

     Section 22.  Section 320.0706, Florida Statutes, is amended

1012

to read:

1013

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

1014

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

1015

more shall display the registration license plate on both the

1016

front and rear of the truck in conformance with all the

1017

requirements of s. 316.605 that do not conflict with this

1018

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

1019

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

1020

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

1021

required to display the registration license plate only on the

1022

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

1023

violation punishable as provided in chapter 318.

1024

     Section 23.  Subsection (4) of section 320.0715, Florida

1025

Statutes, is amended to read:

1026

     320.0715  International Registration Plan; motor carrier

1027

services; permits; retention of records.--

1028

     (4)  Each motor carrier registered under the International

1029

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

1030

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

1031

department for the reasonable administration of this chapter.

1032

     (a) The department shall withhold the registration and

1033

license plate for a commercial motor vehicle unless the

1034

identifying number issued by the federal agency responsible for

1035

motor carrier safety is provided for the motor carrier and the

1036

entity responsible for motor carrier safety for each motor

1037

vehicle as part of the application process.

1038

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

1039

registration or license plate to, and may not transfer the

1040

commercial motor vehicle registration or license plate for, a

1041

motor carrier or vehicle owner who has been prohibited from

1042

operating by a federal or state agency responsible for motor

1043

carrier safety.

1044

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

1045

commercial motor vehicle registration and license plate issued to

1046

a motor carrier or vehicle owner who has been prohibited from

1047

operating by a federal or state agency responsible for motor

1048

carrier safety.

1049

     Section 24.  Subsection (27) of section 320.01, Florida

1050

Statutes, is amended to read:

1051

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

1052

Statutes, except as otherwise provided, the term:

1053

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

1054

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

1055

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

1056

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

1057

enclosed by a cabin.

1058

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

1059

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

1060

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

1061

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

1062

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

1063

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

1064

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

1065

department or to its authorized agent for registration of each

1066

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

1067

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

1068

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

1069

or she has a valid motorcycle endorsement as required in chapter

1070

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

1071

not operated on the roads of this state during the registration

1072

period.

1073

     Section 26. Subsection (13) of section 320.02, Florida

1074

Statutes, is repealed.

1075

     Section 27. Subsection (3) of section 320.08053, Florida

1076

Statutes, is repealed.

1077

     Section 28.  Paragraph (a) of subsection (4) of section

1078

320.0894, Florida Statutes, is amended to read:

1079

     320.0894  Motor vehicle license plates to Gold Star family

1080

members.--The department shall develop a special license plate

1081

honoring the family members of servicemembers who have been

1082

killed while serving in the Armed Forces of the United States.

1083

The license plate shall be officially designated as the Gold Star

1084

license plate and shall be developed and issued as provided in

1085

this section.

1086

     (4)(a)1.a. The Gold Star license plate shall be issued only

1087

to family members of a servicemember who resided in Florida at

1088

the time of the death of the servicemember.

1089

     b. Any family member, as defined in subparagraph 2., of a

1090

servicemember killed while serving may be issued a Gold Star

1091

license plate upon payment of the license tax and appropriate

1092

fees as provided in paragraph (3)(a) without regard to the state

1093

of residence of the servicemember.

1094

     2.  To qualify for issuance of a Gold Star license plate,

1095

the applicant must be directly related to a fallen servicemember

1096

as spouse, legal mother or father, or stepparent who is currently

1097

married to the mother or father of the fallen servicemember.

1098

     3.  A servicemember is deemed to have been killed while in

1099

service as listed by the United States Department of Defense and

1100

may be verified from documentation directly from the Department

1101

of Defense or from its subordinate agencies, such as the Coast

1102

Guard, Reserve, or National Guard.

1103

     Section 29.  Subsection (3) of section 320.27, Florida

1104

Statutes, is amended to read:

1105

     320.27  Motor vehicle dealers.--

1106

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

1107

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

1108

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

1109

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

1110

affirmation and shall contain a full statement of the name and

1111

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

1112

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

1113

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

1114

copartnership; the names and places of residence of the principal

1115

officers, if the applicant is a body corporate or other

1116

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

1117

corporation is organized; the present and former place or places

1118

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

1119

applicant has been engaged and the location thereof. Such

1120

application shall describe the exact location of the place of

1121

business and shall state whether the place of business is owned

1122

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

1123

the lease shall be attached to the application. The applicant

1124

shall certify that the location provides an adequately equipped

1125

office and is not a residence; that the location affords

1126

sufficient unoccupied space upon and within which adequately to

1127

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

1128

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

1129

faith carry on such business and keep and maintain books,

1130

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

1131

be available at all reasonable hours to inspection by the

1132

department or any of its inspectors or other employees. The

1133

applicant shall certify that the business of a motor vehicle

1134

dealer is the principal business which shall be conducted at that

1135

location. Such application shall contain a statement that the

1136

applicant is either franchised by a manufacturer of motor

1137

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

1138

applicant is franchised to sell shall be included, or an

1139

independent (nonfranchised) motor vehicle dealer. Such

1140

application shall contain such other relevant information as may

1141

be required by the department, including evidence that the

1142

applicant is insured under a garage liability insurance policy or

1143

a general liability insurance policy coupled with a business

1144

automobile policy, which shall include, at a minimum, $25,000

1145

combined single-limit liability coverage including bodily injury

1146

and property damage protection and $10,000 personal injury

1147

protection. Franchise dealers must submit a garage liability

1148

insurance policy, and all other dealers must submit a garage

1149

liability insurance policy or a general liability insurance

1150

policy coupled with a business automobile policy. Such policy

1151

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

1152

continued policy shall be delivered to the department at the

1153

beginning of each license period. Upon making such initial

1154

application, the applicant person applying therefor shall pay to

1155

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

1156

required by law; upon making a subsequent renewal application,

1157

the applicant person applying therefor shall pay to the

1158

department a fee of $75 in addition to any other fees now

1159

required by law. Upon making an application for a change of

1160

location, the person shall pay a fee of $50 in addition to any

1161

other fees now required by law. The department shall, in the case

1162

of every application for initial licensure, verify whether

1163

certain facts set forth in the application are true. Each

1164

applicant, general partner in the case of a partnership, or

1165

corporate officer and director in the case of a corporate

1166

applicant, must file a set of fingerprints with the department

1167

for the purpose of determining any prior criminal record or any

1168

outstanding warrants. The department shall submit the

1169

fingerprints to the Department of Law Enforcement for state

1170

processing and forwarding to the Federal Bureau of Investigation

1171

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

1172

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

1173

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

1174

license to an applicant pending the results of the fingerprint

1175

investigation, which license is fully revocable if the department

1176

subsequently determines that any facts set forth in the

1177

application are not true or correctly represented.

1178

     Section 30.  Section 320.69, Florida Statutes, is amended to

1179

read:

1180

     320.69  Rules.--The department has authority to adopt rules

1181

pursuant to ss. 120.536(1) and 120.54 to implement ss. 320.61-

1182

320.70, including the authority to adopt definitions as necessary

1183

the provisions of this law.

1184

     Section 31. Section 321.26, Florida Statutes, is created to

1185

read:

1186

     321.26 Joseph P. Bertrand Building designation.--

1187

     (1) The regional transportation management center in Fort

1188

Myers is designated the "Joseph P. Bertrand Building."

1189

     (2) The Department of Highway Safety and Motor Vehicles may

1190

erect suitable markers designating the "Joseph P. Bertrand

1191

Building" described in subsection (1).

1192

     Section 32.  Present subsections (10) through (44) of

1193

section 322.01, Florida Statutes, are redesignated as subsections

1194

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

1195

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

1196

that section are amended, to read:

1197

     322.01  Definitions.--As used in this chapter:

1198

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

1199

individual conducts a transaction with the department other than

1200

in person.

1201

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

1202

relating to the operation of motor vehicles on highways which is

1203

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

1204

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

1205

noncriminal traffic infraction pursuant to s. 318.14, or a

1206

judicial disposition of an offense committed under any federal

1207

law substantially conforming to the aforesaid state statutory

1208

provisions.

1209

     (b)  Notwithstanding any other provisions of this chapter,

1210

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

1211

applies to offenses committed in a commercial motor vehicle or by

1212

a person holding a commercial driver license.

1213

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

1214

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

1215

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

1216

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

1217

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

1218

Hazardous Materials Transportation Act.

1219

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

1220

by an authorized local, state, or Federal Government official

1221

which precludes a person from driving a commercial motor vehicle

1222

for a period of 72 hours or less.

1223

     Section 33.  Effective July 1, 2008, subsection (5) of

1224

section 322.0255, Florida Statutes, is amended to read:

1225

     322.0255  Florida Motorcycle Safety Education Program.--

1226

     (5) The only organizations that are eligible for

1227

reimbursement are organizations that executed a contract on or

1228

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

1229

months following the execution of the organization's contract.

1230

The department shall, subject to the availability of funds,

1231

reimburse each organization that provides an approved motorcycle

1232

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

1233

portion of the course. This shall include any student not

1234

required to attend a motorcycle safety education course prior to

1235

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

1236

per student to each course provider shall be determined by the

1237

department. In order to facilitate such determination, each

1238

course provider shall be required to submit proof satisfactory to

1239

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

1240

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

1241

reimbursed per student to any course provider exceed the expected

1242

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

1243

each course provider that conducts such a course may charge each

1244

student a tuition fee sufficient to defray the cost of conducting

1245

the course. The department shall fund the payments required under

1246

this subsection from the motorcycle safety education fee, as

1247

provided in ss. 320.08 and 322.025.

1248

     Section 34.  Subsection (1) of section 322.03, Florida

1249

Statutes, is amended to read:

1250

     322.03  Drivers must be licensed; penalties.--

1251

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

1252

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

1253

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

1254

provisions of this chapter.

1255

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

1256

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

1257

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

1258

possession issued to him or her by any other jurisdiction or

1259

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

1260

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

1261

who makes a false affidavit concerning such licenses is guilty of

1262

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

1263

775.082 or s. 775.083.

1264

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

1265

is not required to surrender a license issued by another

1266

jurisdiction, upon a showing to the department that such license

1267

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

1268

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

1269

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

1270

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

1271

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

1272

department to the issuing jurisdiction together with information

1273

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

1274

destroyed by the department, which shall notify the issuing

1275

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

1276

one valid Florida driver's license at any time.

1277

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

1278

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

1279

regularly scheduled renewal. Licenses that are identified as

1280

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

1281

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

1282

     Section 35.  Subsections (1) and (2) of section 322.051,

1283

Florida Statutes, are amended to read:

1284

     322.051  Identification cards.--

1285

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

1286

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

1287

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

1288

identification card by the department upon completion of an

1289

application and payment of an application fee.

1290

     (a)  Each such application shall include the following

1291

information regarding the applicant:

1292

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

1293

proof of social security card number satisfactory to the

1294

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

1295

residential address satisfactory to the department, country of

1296

birth, and a brief description.

1297

     2.  Proof of birth date satisfactory to the department.

1298

     3.  Proof of identity satisfactory to the department. Such

1299

proof must include one of the following documents issued to the

1300

applicant:

1301

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

1302

from another jurisdiction that required the applicant to submit a

1303

document for identification which is substantially similar to a

1304

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

1305

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

1306

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

1307

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

1308

     c. A valid, unexpired United States passport;

1309

     d.  A naturalization certificate issued by the United States

1310

Department of Homeland Security;

1311

     e. A valid, unexpired An alien registration receipt card

1312

(green card);

1313

     f. Consular Report of Birth Abroad provided by the United

1314

States Department of State;

1315

     g.f. An unexpired employment authorization card issued by

1316

the United States Department of Homeland Security; or

1317

     h.g. Proof of nonimmigrant classification provided by the

1318

United States Department of Homeland Security, for an original

1319

identification card. In order to prove such nonimmigrant

1320

classification, applicants may produce but are not limited to the

1321

following documents:

1322

     (I)  A notice of hearing from an immigration court

1323

scheduling a hearing on any proceeding.

1324

     (II)  A notice from the Board of Immigration Appeals

1325

acknowledging pendency of an appeal.

1326

     (III)  Notice of the approval of an application for

1327

adjustment of status issued by the United States Bureau of

1328

Citizenship and Immigration Services.

1329

     (IV)  Any official documentation confirming the filing of a

1330

petition for asylum or refugee status or any other relief issued

1331

by the United States Bureau of Citizenship and Immigration

1332

Services.

1333

     (V)  Notice of action transferring any pending matter from

1334

another jurisdiction to Florida, issued by the United States

1335

Bureau of Citizenship and Immigration Services.

1336

     (VI)  Order of an immigration judge or immigration officer

1337

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

1338

the United States including, but not limited to asylum.

1339

     (VII)  Evidence that an application is pending for

1340

adjustment of status to that of an alien lawfully admitted for

1341

permanent residence in the United States or conditional permanent

1342

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

1343

available having a current priority date for processing by the

1344

United States Bureau of Citizenship and Immigration Services.

1345

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

1346

passport with an unexpired United States Visa affixed,

1347

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

1348

admittance into the United States.

1349

1350

Presentation of any of the documents described in sub-

1351

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

1352

applicant to an identification card for a period not to exceed

1353

the expiration date of the document presented or 1 year,

1354

whichever first occurs.

1355

     (b)  An application for an identification card must be

1356

signed and verified by the applicant in a format designated by

1357

the department before a person authorized to administer oaths and

1358

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

1359

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

1360

photograph or digital image of the applicant.

1361

     (c)  Each such applicant may include fingerprints and any

1362

other unique biometric means of identity.

1363

     (2)(a) Every identification card:

1364

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

1365

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

1366

the applicant following the date of original issue.

1367

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

1368

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

1369

applicant following the date of original issue.

1370

1371

Renewal of an identification card shall be made for the

1372

applicable term enumerated in this paragraph. However, if an

1373

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

1374

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

1375

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

1376

cardholder. Renewal of any identification card shall be made for

1377

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

1378

following expiration of the identification card renewed, unless

1379

surrendered earlier. Any application for renewal received later

1380

than 90 days after expiration of the identification card shall be

1381

considered the same as an application for an original

1382

identification card. The renewal fee for an identification card

1383

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

1384

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

1385

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

1386

the issuance or renewal of an identification card, destroy any

1387

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

1388

unless the cardholder is 60 years of age or older.

1389

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

1390

an applicant establishes his or her identity for an

1391

identification card using a document authorized under sub-

1392

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

1393

the eighth fourth birthday of the applicant following the date of

1394

original issue or upon first renewal or duplicate issued after

1395

implementation of this section. After an initial showing of such

1396

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

1397

obtain a duplicate in person.

1398

     (c)  Notwithstanding any other provisions of this chapter,

1399

if an applicant establishes his or her identity for an

1400

identification card using an identification document authorized

1401

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

1402

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

1403

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

1404

date cited on the United States Department of Homeland Security

1405

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

1406

obtain a duplicate except in person.

1407

     Section 36.  Subsections (1), (2), and (6) of section

1408

322.08, Florida Statutes, are amended to read:

1409

     322.08  Application for license.--

1410

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

1411

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

1412

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

1413

application.

1414

     (2)  Each such application shall include the following

1415

information regarding the applicant:

1416

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

1417

proof of social security card number satisfactory to the

1418

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

1419

residential address satisfactory to the department, country of

1420

birth, and a brief description.

1421

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

1422

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

1423

proof must include one of the following documents issued to the

1424

applicant:

1425

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

1426

from another jurisdiction that required the applicant to submit a

1427

document for identification which is substantially similar to a

1428

document required under subparagraph 2., subparagraph 3.,

1429

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

1430

subparagraph 7., or subparagraph 8.;

1431

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

1432

     3. A valid, unexpired United States passport;

1433

     4.  A naturalization certificate issued by the United States

1434

Department of Homeland Security;

1435

     5. A valid, unexpired An alien registration receipt card

1436

(green card);

1437

     6. Consular Report of Birth Abroad provided by the United

1438

States Department of State;

1439

7.6. An unexpired employment authorization card issued by

1440

the United States Department of Homeland Security; or

1441

     8.7. Proof of nonimmigrant classification provided by the

1442

United States Department of Homeland Security, for an original

1443

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

1444

an applicant may produce the following documents, including, but

1445

not limited to:

1446

     a.  A notice of hearing from an immigration court scheduling

1447

a hearing on any proceeding.

1448

     b.  A notice from the Board of Immigration Appeals

1449

acknowledging pendency of an appeal.

1450

     c.  A notice of the approval of an application for

1451

adjustment of status issued by the United States Bureau of

1452

Citizenship and Immigration Services.

1453

     d.  Any official documentation confirming the filing of a

1454

petition for asylum or refugee status or any other relief issued

1455

by the United States Bureau of Citizenship and Immigration

1456

Services.

1457

     e.  A notice of action transferring any pending matter from

1458

another jurisdiction to this state issued by the United States

1459

Bureau of Citizenship and Immigration Services.

1460

     f.  An order of an immigration judge or immigration officer

1461

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

1462

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

1463

     g.  Evidence that an application is pending for adjustment

1464

of status to that of an alien lawfully admitted for permanent

1465

residence in the United States or conditional permanent resident

1466

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

1467

a current priority date for processing by the United States

1468

Bureau of Citizenship and Immigration Services.

1469

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

1470

passport with an unexpired United States Visa affixed,

1471

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

1472

admittance into the United States.

1473

1474

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

1475

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

1476

or temporary permit for a period not to exceed the expiration

1477

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

1478

     (d)  Whether the applicant has previously been licensed to

1479

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

1480

license or driving privilege has ever been disqualified, revoked,

1481

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

1482

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

1483

suspension, revocation, or refusal.

1484

     (e)  Each such application may include fingerprints and

1485

other unique biometric means of identity.

1486

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

1487

duplicate thereof shall include language permitting the

1488

following:

1489

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

1490

contribution shall be transferred into the Election Campaign

1491

Financing Trust Fund.

1492

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

1493

contribution shall be deposited into the Florida Organ and Tissue

1494

Donor Education and Procurement Trust Fund for organ and tissue

1495

donor education and for maintaining the organ and tissue donor

1496

registry.

1497

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

1498

contribution shall be distributed to the Florida Council of the

1499

Blind.

1500

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

1501

shall be distributed to the Hearing Research Institute,

1502

Incorporated.

1503

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

1504

shall be distributed to the Juvenile Diabetes Foundation

1505

International.

1506

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

1507

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

1508

1509

A statement providing an explanation of the purpose of the trust

1510

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

1511

service charge provided in s. 215.20, contributions received

1512

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

1513

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

1514

     Section 37.  Paragraph (a) of subsection (1) of section

1515

322.14, Florida Statutes, is amended to read:

1516

     322.14  Licenses issued to drivers.--

1517

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

1518

all required examinations and payment of the required fee, issue

1519

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

1520

applied for, which license shall bear thereon a color photograph

1521

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

1522

distinguishing number assigned to the licensee; and the

1523

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

1524

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

1525

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

1526

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

1527

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

1528

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

1529

licensee except that the signature of said licensee shall not be

1530

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

1531

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

1532

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

1533

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

1534

color photographic or digital imaged driver's license pursuant to

1535

s. 322.142.

1536

     Section 38.  Section 322.15, Florida Statutes, is amended to

1537

read:

1538

     322.15  License to be carried and exhibited on demand;

1539

fingerprint to be imprinted upon a citation.--

1540

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

1541

which must be fully legible with no portion of such license

1542

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

1543

possession at all times when operating a motor vehicle and shall

1544

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

1545

an authorized representative of the department.

1546

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

1547

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

1548

officer or authorized representative of the department stopping

1549

the person shall require the person to imprint his or her

1550

fingerprints fingerprint upon any citation issued by the officer

1551

or authorized representative, or the officer or authorized

1552

representative shall collect the fingerprints electronically.

1553

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

1554

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

1555

license for the reason that the license was suspended for failure

1556

to comply with that citation shall be issued a suspension

1557

clearance by the clerk of the court for that citation upon

1558

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

1559

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

1560

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

1561

again be suspended for failure to comply.

1562

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

1563

infraction, punishable as a nonmoving violation as provided in

1564

chapter 318.

1565

     Section 39.  Section 322.17, Florida Statutes, is amended to

1566

read:

1567

     322.17 Replacement licenses and permits Duplicate and

1568

replacement certificates.--

1569

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

1570

license issued under the provisions of this chapter is lost or

1571

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

1572

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

1573

a replacement duplicate, or substitute thereof, upon furnishing

1574

proof satisfactory to the department that such permit or license

1575

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

1576

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

1577

satisfactory to the department, and proof of identity

1578

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

1579

this paragraph shall go to the Highway Safety Operating Trust

1580

Fund of the department.

1581

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

1582

license issued under the provisions of this chapter is stolen,

1583

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

1584

a replacement duplicate, or substitute thereof, upon furnishing

1585

proof satisfactory to the department that such permit or license

1586

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

1587

sex, residence and mailing address, proof of birth satisfactory

1588

to the department, and proof of identity satisfactory to the

1589

department.

1590

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

1591

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

1592

replacement fee, the department shall issue a replacement license

1593

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

1594

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

1595

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

1596

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

1597

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

1598

subsection shall go to the Highway Safety Operating Trust Fund of

1599

the department.

1600

     (3)  Notwithstanding any other provisions of this chapter,

1601

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

1602

license using an identification document authorized under s.

1603

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

1604

not obtain a duplicate or replacement instruction permit or

1605

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

1606

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

1607

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

1608

     Section 40.  Section 322.18, Florida Statutes, is amended to

1609

read:

1610

     322.18  Original applications, licenses, and renewals;

1611

expiration of licenses; delinquent licenses.--

1612

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

1613

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

1614

successfully passes the required examinations and presents the

1615

application to the department.

1616

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

1617

examination requirement if the applicant is otherwise qualified

1618

and surrenders a valid license issued by another state, a

1619

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

1620

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

1621

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

1622

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

1623

driver's license, as follows:

1624

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

1625

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

1626

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

1627

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

1628

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

1629

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

1630

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

1631

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

1632

issue.

1633

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

1634

applying for a renewal issuance or renewal extension shall be

1635

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

1636

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

1637

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

1638

being renewed, except that a driver whose driving record reflects

1639

no convictions for the preceding 3 years shall be issued a

1640

driver's license or renewal extension sticker which expires at

1641

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

1642

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

1643

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

1644

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

1645

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

1646

after the month of expiration of the license being renewed.

1647

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

1648

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

1649

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

1650

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

1651

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

1652

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

1653

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

1654

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

1655

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

1656

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

1657

years after the date of issuance or upon the expiration date

1658

cited on the United States Department of Homeland Security

1659

documents, whichever date first occurs.

1660

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

1661

applicant applying for an original or renewal issuance of a

1662

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

1663

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

1664

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

1665

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

1666

of expiration of the license being issued or renewed.

1667

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

1668

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

1669

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

1670

delinquent fee.

1671

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

1672

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

1673

upon the terms of issuance and shall be issued or renewed

1674

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

1675

322.21, and successful passage of any required examination,

1676

unless the department has reason to believe that the licensee is

1677

no longer qualified to receive a license.

1678

     (b)  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 under s. 322.08(2)(c)5., the

1681

license, upon an initial showing of such documentation, is

1682

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

1683

unless the renewal or duplication coincides with the periodic

1684

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

1685

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

1686

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

1687

using an identification document authorized under s.

1688

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

1689

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

1690

submission of an identification document authorized under s.

1691

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

1692

renewed under this paragraph expires 1 year 4 years after the

1693

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

1694

States Department of Homeland Security documents, whichever date

1695

first occurs.

1696

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

1697

applicant licensee has been determined to be eligible by the

1698

department.

1699

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

1700

who is at least 80 over 79 years of age:

1701

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

1702

any driver's license office; or

1703

     2. If the licensee applies for a renewal using a

1704

convenience service an extension by mail as provided in

1705

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

1706

administered by a physician licensed under chapter 458 or chapter

1707

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

1708

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

1709

the department and signed by such health care practitioner, and

1710

must meet vision standards that are equivalent to the standards

1711

for passing the departmental vision test. The physician or

1712

optometrist may submit the results of a vision test by a

1713

department-approved electronic means.

1714

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

1715

not submit an application for renewal extension under subsection

1716

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

1717

unless the results of a vision test have been electronically

1718

submitted in advance by the physician or optometrist.

1719

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

1720

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

1721

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

1722

on a form prepared and furnished by the department. The

1723

department shall make such forms available to the various

1724

examining offices throughout the state. Upon receipt of such

1725

application, the department shall issue a license or temporary

1726

permit to the applicant or shall advise the applicant that no

1727

license or temporary permit will be issued and advise the

1728

applicant of the reason for his or her ineligibility.

1729

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

1730

time within 12 months after the expiration date, with

1731

reexamination, if required, upon payment of the required

1732

delinquent fee or taking and passing the written examination. If

1733

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

1734

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

1735

renewal period shall be extended to midnight of the next regular

1736

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

1737

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

1738

qualified to receive a license.

1739

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

1740

privilege is under suspension or revocation.

1741

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

1742

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

1743

electronic, or telephonic means without reexamination to drivers

1744

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

1745

6-year renewals using a convenience service when the applicant

1746

has satisfied the requirements of subsection (5).

1747

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

1748

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

1749

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

1750

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

1751

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

1752

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

1753

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

1754

322.21 to the department using a convenience service by mail,

1755

electronically, or telephonically within the 30 days preceding

1756

the licensee's birthday for a license extension. License

1757

extensions shall not be available to drivers directed to appear

1758

for in-person renewal.

1759

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

1760

payment of the required fees, and upon determining that the

1761

licensee is still eligible for renewal, the department shall send

1762

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

1763

expiring license as evidence that the license term has been

1764

extended.

1765

     (c) The department shall issue one renewal using a

1766

convenience service license extensions for two consecutive

1767

license expirations only. Upon expiration of two consecutive

1768

license extension periods, in-person renewal with reexamination

1769

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

1770

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

1771

day temporary driving permit without reexamination. At the end of

1772

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

1773

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

1774

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

1775

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

1776

be available to drivers whose records indicate they were directed

1777

to apply for a license extension.

1778

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

1779

stolen, fictitious, counterfeit, or unlawfully issued license

1780

extension sticker, unless possession by such person has been duly

1781

authorized by the department, commits a misdemeanor of the second

1782

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

1783

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

1784

equitable distribution of license extensions and renewals and the

1785

orderly implementation of this section.

1786

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

1787

renewal extension shall include language permitting a voluntary

1788

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

1789

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

1790

organization, to prevent blindness and preserve the sight of the

1791

residents of this state. A statement providing an explanation of

1792

the purpose of the funds shall be included with the application

1793

form.

1794

     (b)  Prior to the department distributing the funds

1795

collected pursuant to paragraph (a), Prevent Blindness Florida

1796

must submit a report to the department that identifies how such

1797

funds were used during the preceding year.

1798

     Section 41. Subsection (4) of section 322.181, Florida

1799

Statutes, is repealed.

1800

     Section 42.  Subsections (2) and (4) of section 322.19,

1801

Florida Statutes, are amended to read:

1802

     322.19  Change of address or name.--

1803

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

1804

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

1805

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

1806

either obtain a replacement license that reflects the change or

1807

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

1808

request to the department must include the old and new addresses

1809

and the driver's license number.

1810

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

1811

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

1812

using an identification document authorized under s.

1813

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

1814

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

1815

submission of an identification document authorized under s.

1816

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

1817

     Section 43.  Subsection (1) of section 322.21, Florida

1818

Statutes, is amended to read:

1819

     322.21  License fees; procedure for handling and collecting

1820

fees.--

1821

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

1822

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

1823

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

1824

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

1825

training and is applying for employment or is currently employed

1826

in a public or nonpublic school system that requires the

1827

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

1828

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

1829

renewal made not more than 12 months after the license expiration

1830

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

1831

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

1832

Highway Safety Operating Trust Fund for the general operations of

1833

the department.

1834

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

1835

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

1836

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

1837

applying for employment or is currently employed in a public or

1838

nonpublic school system that requires a commercial driver

1839

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

1840

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

1841

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

1842

Operating Trust Fund for the general operations of the

1843

department.

1844

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

1845

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

1846

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

1847

or extension made not more than 12 months after the license

1848

expiration date. The fee provided in this paragraph shall include

1849

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

1850

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

1851

remaining $5 shall be deposited into the Highway Safety Operating

1852

Trust Fund for the general operations of the department.

1853

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

1854

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

1855

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

1856

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

1857

be deposited into the Highway Safety Operating Trust Fund for the

1858

general operations of the department.

1859

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

1860

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

1861

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

1862

the Highway Safety Operating Trust Fund for the general

1863

operations of the department.

1864

     (f) An original or renewal identification card issued

1865

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

1866

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

1867

be deposited in the Highway Safety Operating Trust Fund for the

1868

general operations of the department.

1869

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

1870

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

1871

The remaining $2 shall be deposited into the Highway Safety

1872

Operating Trust Fund for the general operations of the

1873

department.

1874

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

1875

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

1876

reflect the cost of the required criminal history check,

1877

including the cost of the state and federal fingerprint check,

1878

and the cost to the department of providing and issuing the

1879

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

1880

deposited in the Highway Safety Operating Trust Fund. The

1881

department may adopt rules to administer this section.

1882

     Section 44.  Subsection (3) of section 322.2715, Florida

1883

Statutes, is amended to read:

1884

     322.2715  Ignition interlock device.--

1885

     (3)  If the person is convicted of:

1886

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

1887

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

1888

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

1889

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

1890

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

1891

age, the person shall have the ignition interlock device

1892

installed for not less than 6 continuous months for the first

1893

offense and for not less than at least 2 continuous years for a

1894

second offense.

1895

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

1896

ignition interlock device shall be installed for a period of not

1897

less than 1 continuous year.

1898

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

1899

occurs within 10 years after a prior conviction for a violation

1900

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

1901

for a period of not less than 2 continuous years.

1902

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

1903

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

1904

the ignition interlock device shall be installed for a period of

1905

not less than 2 continuous years.

1906

     Section 45.  Section 322.291, Florida Statutes, is amended

1907

to read:

1908

     322.291  Driver improvement schools or DUI programs;

1909

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

1910

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

1911

     (1)  Whose driving privilege has been revoked:

1912

     (a)  Upon conviction for:

1913

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

1914

vehicle while under the influence of alcoholic beverages, any

1915

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

1916

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

1917

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

1918

     3.  Manslaughter resulting from the operation of a motor

1919

vehicle;

1920

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

1921

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

1922

resulting in the death or personal injury of another;

1923

     5.  Reckless driving; or

1924

     (b)  As an habitual offender;

1925

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

1926

the seriousness of the offense and the circumstances surrounding

1927

the conviction warrant the revocation of the licensee's driving

1928

privilege; or

1929

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

1930

suspended for driving with an unlawful blood-alcohol level of

1931

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

1932

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

1933

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

1934

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

1935

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

1936

1937

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

1938

the department proof of enrollment in a department-approved

1939

advanced driver improvement course operating pursuant to s.

1940

318.1451 or a substance abuse education course conducted by a DUI

1941

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

1942

psychosocial evaluation and treatment, if referred. Additionally,

1943

for a third or subsequent violation involving the required use of

1944

an ignition interlock device, the person shall be required to

1945

complete treatment as determined by a licensed treatment agency

1946

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

1947

the requirement to use an ignition interlock device extended for

1948

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

1949

If the person fails to complete such course or evaluation within

1950

90 days after reinstatement, or subsequently fails to complete

1951

treatment, if referred, the DUI program shall notify the

1952

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

1953

department shall cancel the offender's driving privilege,

1954

notwithstanding the expiration of the suspension or revocation of

1955

the driving privilege. The department may temporarily reinstate

1956

the driving privilege upon verification from the DUI program that

1957

the offender has completed the education course and evaluation

1958

requirement and has reentered and is currently participating in

1959

treatment. If the DUI program notifies the department of the

1960

second failure to complete treatment, the department shall

1961

reinstate the driving privilege only after notice of completion

1962

of treatment from the DUI program.

1963

     Section 46.  Section 322.36, Florida Statutes, is amended to

1964

read:

1965

     322.36 Permitting unauthorized operator to drive.--A No

1966

person may not shall authorize or knowingly permit a motor

1967

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

1968

control to be operated upon any highway or public street except

1969

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

1970

vehicle vehicles under the provisions of this chapter. Any person

1971

who violates violating this section commits provision is guilty

1972

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

1973

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

1974

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

1975

suspended and if that vehicle is involved in an accident

1976

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

1977

person violating this section shall be suspended for 1 year.

1978

     Section 47. Section 322.60, Florida Statutes, is repealed.

1979

     Section 48.  Subsections (1), (2), (3), (4), (5), and (6) of

1980

section 322.61, Florida Statutes, are amended to read:

1981

     322.61  Disqualification from operating a commercial motor

1982

vehicle.--

1983

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

1984

period, is convicted of two of the following serious traffic

1985

violations or any combination thereof, arising in separate

1986

incidents committed in a commercial motor vehicle shall, in

1987

addition to any other applicable penalties, be disqualified from

1988

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

1989

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

1990

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

1991

following serious traffic violations, or any combination thereof,

1992

arising in separate incidents committed in a noncommercial motor

1993

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

1994

disqualified from operating a commercial motor vehicle for a

1995

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

1996

revocation, or cancellation of the licenseholder's driving

1997

privilege:

1998

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

1999

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

2000

violation, or a vehicle equipment violation, arising in

2001

connection with a crash resulting in death or personal injury to

2002

any person;

2003

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

2004

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

2005

     (d)  Fleeing or attempting to elude a law enforcement

2006

officer, as defined in s. 316.1935;

2007

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

2008

posted speed limit;

2009

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

2010

person, which is not properly insured;

2011

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

2012

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

2013

     (i)  Driving a commercial vehicle without obtaining a

2014

commercial driver's license;

2015

     (j)  Driving a commercial vehicle without the proper class

2016

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

2017

or

2018

     (k)  Driving a commercial vehicle without a commercial

2019

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

2020

individual who provides proof to the clerk of the court or

2021

designated official in the jurisdiction where the citation was

2022

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

2023

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

2024

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

2025

is not guilty of this offense.

2026

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

2027

year period, is convicted of three serious traffic violations

2028

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

2029

in separate incidents committed in a commercial motor vehicle

2030

shall, in addition to any other applicable penalties, including

2031

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

2032

disqualified from operating a commercial motor vehicle for a

2033

period of 120 days.

2034

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

2035

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

2036

three serious traffic violations specified in subsection (1) or

2037

any combination thereof arising in separate incidents committed

2038

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

2039

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

2040

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

2041

commercial motor vehicle for a period of 120 days if such

2042

convictions result in the suspension, revocation, or cancellation

2043

of the licenseholder's driving privilege.

2044

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

2045

is convicted of one of the following offenses listed in paragraph

2046

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

2047

to any other applicable penalties, be disqualified from operating

2048

a commercial motor vehicle for a period of 1 year:

2049

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

2050

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

2051

offenses listed in this paragraph while operating a noncommercial

2052

motor vehicle shall, in addition to any other applicable

2053

penalties, be disqualified from operating a commercial motor

2054

vehicle for a period of 1 year:

2055

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

2056

under the influence of alcohol or a controlled substance;

2057

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

2058

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

2059

percent or higher;

2060

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

2061

motor vehicle driven by such person;

2062

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

2063

a felony;

2064

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

2065

possession of a controlled substance;

2066

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

2067

alcohol concentration while driving a commercial motor vehicle;

2068

     7.(g) Driving a commercial vehicle while the

2069

licenseholder's commercial driver's license is suspended,

2070

revoked, or canceled or while the licenseholder is disqualified

2071

from driving a commercial vehicle; or

2072

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

2073

a commercial motor vehicle.

2074

     (4) Any person who is transporting hazardous materials as

2075

defined in s. 322.01(24) in a vehicle that is required to be

2076

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

2077

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

2078

be disqualified from operating a commercial motor vehicle for a

2079

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

2080

be in addition to any other applicable penalty.

2081

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

2082

in subsection (3) which were committed while operating a

2083

commercial motor vehicle, or any combination thereof, arising in

2084

separate incidents shall be permanently disqualified from

2085

operating a commercial motor vehicle. Any holder of a commercial

2086

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

2087

subsection (3) which were committed while operating a

2088

noncommercial motor vehicle, or any combination thereof, arising

2089

in separate incidents shall be permanently disqualified from

2090

operating a commercial motor vehicle. The penalty provided in

2091

this subsection is shall be in addition to any other applicable

2092

penalty.

2093

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

2094

person who uses a commercial motor vehicle in the commission of

2095

any felony involving the manufacture, distribution, or dispensing

2096

of a controlled substance, including possession with intent to

2097

manufacture, distribute, or dispense a controlled substance,

2098

shall, upon conviction of such felony, be permanently

2099

disqualified from operating a commercial motor vehicle.

2100

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

2101

commercial driver's license who uses a noncommercial motor

2102

vehicle in the commission of any felony involving the

2103

manufacture, distribution, or dispensing of a controlled

2104

substance, including possession with intent to manufacture,

2105

distribute, or dispense a controlled substance, shall, upon

2106

conviction of such felony, be permanently disqualified from

2107

operating a commercial motor vehicle. The penalty provided in

2108

this subsection is shall be in addition to any other applicable

2109

penalty.

2110

     Section 49.  Section 322.64, Florida Statutes, is amended to

2111

read:

2112

     322.64 Holder of commercial driver's license; persons

2113

operating a commercial motor vehicle; driving with unlawful

2114

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

2115

test.--

2116

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

2117

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

2118

commercial motor vehicle a person who while operating or in

2119

actual physical control of a commercial motor vehicle is arrested

2120

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

2121

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

2122

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

2123

arising out of the operation or actual physical control of a

2124

commercial motor vehicle. A law enforcement officer or

2125

correctional officer shall, on behalf of the department,

2126

disqualify the holder of a commercial driver's license from

2127

operating any commercial motor vehicle if the licenseholder,

2128

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

2129

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

2130

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

2131

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

2132

disqualification of the person, the officer shall take the

2133

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

2134

permit for the operation of noncommercial vehicles only if the

2135

person is otherwise eligible for the driving privilege and shall

2136

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

2137

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

2138

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

2139

agency employing the officer shall transmit such results to the

2140

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

2141

department then determines that the person was arrested for a

2142

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

2143

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

2144

shall disqualify the person from operating a commercial motor

2145

vehicle pursuant to subsection (3).

2146

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

2147

pursuant to, and the notice of disqualification shall inform the

2148

driver of, the following:

2149

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

2150

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

2151

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

2152

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

2153

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

2154

or

2155

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

2156

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

2157

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

2158

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

2159

or her driving privilege shall be disqualified for a period of 1

2160

year for a first offense or permanently if his or her driving

2161

privilege has been previously disqualified under this section.

2162

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

2163

level and he or she is disqualified from operating a commercial

2164

motor vehicle for a period of 6 months for a first offense or for

2165

a period of 1 year if he or she has previously been disqualified,

2166

or his or her driving privilege has been previously suspended,

2167

for a violation of s. 316.193.

2168

     2.  The disqualification period for operating commercial

2169

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

2170

notice of disqualification, whichever is later.

2171

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

2172

the disqualification by the department within 10 days after the

2173

date of arrest or issuance of the notice of disqualification,

2174

whichever is later.

2175

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

2176

disqualification expires will expire at midnight of the 10th day

2177

following the date of disqualification.

2178

     5.  The driver may submit to the department any materials

2179

relevant to the disqualification arrest.

2180

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

2181

enforcement officer shall forward to the department, within 5

2182

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

2183

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

2184

disqualification, the driver's license of the person disqualified

2185

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

2186

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

2187

person disqualified arrested was operating or in actual physical

2188

control of a commercial motor vehicle, or holds a commercial

2189

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

2190

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

2191

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

2192

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

2193

officer or correctional officer and that the person arrested

2194

refused to submit; a copy of the notice of disqualification

2195

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

2196

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

2197

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

2198

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

2199

not affect the department's ability to consider any evidence

2200

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

2201

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

2202

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

2203

     (3)  If the department determines that the person arrested

2204

should be disqualified from operating a commercial motor vehicle

2205

pursuant to this section and if the notice of disqualification

2206

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

2207

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

2208

the department shall issue a notice of disqualification and,

2209

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

2210

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

2211

driver is otherwise eligible.

2212

     (4) If the person disqualified arrested requests an

2213

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

2214

shall conduct the informal review by a hearing officer employed

2215

by the department. Such informal review hearing shall consist

2216

solely of an examination by the department of the materials

2217

submitted by a law enforcement officer or correctional officer

2218

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

2219

officer or witness is not required.

2220

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

2221

department's decision sustaining, amending, or invalidating the

2222

disqualification must be provided to the person. Such notice must

2223

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

2224

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

2225

enforcement officer's report if such address differs from the

2226

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

2227

temporary permit issued pursuant to subsection (1) or subsection

2228

(3).

2229

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

2230

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

2231

within 30 days after such request is received by the department

2232

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

2233

hearing.

2234

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

2235

hearing officer employed by the department, and the hearing

2236

officer shall be authorized to administer oaths, examine

2237

witnesses and take testimony, receive relevant evidence, issue

2238

subpoenas for the officers and witnesses identified in documents

2239

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

2240

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

2241

department and the person disqualified arrested may subpoena

2242

witnesses, and the party requesting the presence of a witness

2243

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

2244

person who requests a formal review hearing fails to appear and

2245

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

2246

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

2247

conduct an informal review of the disqualification under

2248

subsection (4).

2249

     (c)  A party may seek enforcement of a subpoena under

2250

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

2251

court of the judicial circuit in which the person failing to

2252

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

2253

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

2254

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

2255

subpoena is being challenged.

2256

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

2257

review hearing, send notice to the person of the hearing

2258

officer's decision as to whether sufficient cause exists to

2259

sustain, amend, or invalidate the disqualification.

2260

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

2261

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

2262

shall determine by a preponderance of the evidence whether

2263

sufficient cause exists to sustain, amend, or invalidate the

2264

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

2265

following issues:

2266

     (a)  If the person was disqualified from operating a

2267

commercial motor vehicle for driving with an unlawful blood-

2268

alcohol level in violation of s. 316.193:

2269

     1.  Whether the arresting law enforcement officer had

2270

probable cause to believe that the person was driving or in

2271

actual physical control of a commercial motor vehicle, or any

2272

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

2273

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

2274

substances, or controlled substances in his or her body.

2275

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

2276

violation of s. 316.193.

2277

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

2278

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

2279

316.193.

2280

     (b)  If the person was disqualified from operating a

2281

commercial motor vehicle for refusal to submit to a breath,

2282

blood, or urine test:

2283

     1.  Whether the law enforcement officer had probable cause

2284

to believe that the person was driving or in actual physical

2285

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

2286

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

2287

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

2288

controlled substances in his or her body.

2289

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

2290

being requested to do so by a law enforcement officer or

2291

correctional officer.

2292

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

2293

submit to such test he or she would be disqualified from

2294

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

2295

in the case of a second refusal, permanently.

2296

     (8)  Based on the determination of the hearing officer

2297

pursuant to subsection (7) for both informal hearings under

2298

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

2299

department shall:

2300

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

2301

a first refusal, or permanently if such person has been

2302

previously disqualified from operating a commercial motor vehicle

2303

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

2304

disqualification period commences on the date of the arrest or

2305

issuance of the notice of disqualification, whichever is later.

2306

     (b) Sustain the disqualification:

2307

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

2308

actual physical control of a commercial motor vehicle, or any

2309

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

2310

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

2311

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

2312

for a period of 1 year

2313

2. Permanently if the person has been previously

2314

disqualified from operating a commercial motor vehicle or his or

2315

her driving privilege has been previously suspended for driving

2316

or being in actual physical control of a commercial motor

2317

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

2318

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

2319

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

2320

violation of s. 316.193.

2321

2322

The disqualification period commences on the date of the arrest

2323

or issuance of the notice of disqualification, whichever is

2324

later.

2325

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

2326

review hearing shall not stay the disqualification. If the

2327

department fails to schedule the formal review hearing to be held

2328

within 30 days after receipt of the request therefor, the

2329

department shall invalidate the disqualification. If the

2330

scheduled hearing is continued at the department's initiative,

2331

the department shall issue a temporary driving permit limited to

2332

noncommercial vehicles which is shall be valid until the hearing

2333

is conducted if the person is otherwise eligible for the driving

2334

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

2335

and obtained a continuance of the hearing. The permit issued

2336

under this subsection shall authorize driving for business

2337

purposes or employment use only.

2338

     (10)  A person who is disqualified from operating a

2339

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

2340

is eligible for issuance of a license for business or employment

2341

purposes only under s. 322.271 if the person is otherwise

2342

eligible for the driving privilege. However, such business or

2343

employment purposes license shall not authorize the driver to

2344

operate a commercial motor vehicle.

2345

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

2346

review of the reports of a law enforcement officer or a

2347

correctional officer, including documents relating to the

2348

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

2349

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

2350

driver may subpoena the officer or any person who administered or

2351

analyzed a breath or blood test.

2352

     (12)  The formal review hearing and the informal review

2353

hearing are exempt from the provisions of chapter 120. The

2354

department is authorized to adopt rules for the conduct of

2355

reviews under this section.

2356

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

2357

sustaining the disqualification from operating a commercial motor

2358

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

2359

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

2360

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

2361

appeal shall not stay the disqualification. This subsection shall

2362

not be construed to provide for a de novo appeal.

2363

     (14)  The decision of the department under this section

2364

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

2365

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

2366

submitted by a person in his or her request for departmental

2367

review under this section be admissible into evidence against him

2368

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

2369

proceedings shall not affect a disqualification imposed pursuant

2370

to this section.

2371

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

2372

driving privilege pursuant to s. 322.2615. The driving privilege

2373

of a person who has been disqualified from operating a commercial

2374

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

2375

316.193.

2376

     Section 50.  Subsection (10) of section 324.021, Florida

2377

Statutes, is amended to read:

2378

     324.021  Definitions; minimum insurance required.--The

2379

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

2380

the purpose of this chapter, have the meanings respectively

2381

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

2382

the context clearly indicates a different meaning:

2383

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

2384

become final by expiration without appeal of the time within

2385

which an appeal might have been perfected, or by final

2386

affirmation on appeal, rendered by a court of competent

2387

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

2388

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

2389

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

2390

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

2391

for damages because of injury to or destruction of property,

2392

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

2393

an agreement of settlement for such damage.

2394

     Section 51.  Subsection (19) of section 501.976, Florida

2395

Statutes, is amended to read:

2396

     501.976  Actionable, unfair, or deceptive acts or

2397

practices.--It is an unfair or deceptive act or practice,

2398

actionable under the Florida Deceptive and Unfair Trade Practices

2399

Act, for a dealer to:

2400

     (19)  Fail to disclose damage to a new motor vehicle, as

2401

defined in s. 319.001(9) s. 319.001(8), of which the dealer had

2402

actual knowledge, if the dealer's actual cost of repairs exceeds

2403

the threshold amount, excluding replacement items.

2404

2405

In any civil litigation resulting from a violation of this

2406

section, when evaluating the reasonableness of an award of

2407

attorney's fees to a private person, the trial court shall

2408

consider the amount of actual damages in relation to the time

2409

spent.

2410

     Section 52. (1) The Automobile Lenders Industry Task Force

2411

is created within the Department of Highway Safety and Motor

2412

Vehicles. The task force shall make recommendations on proposed

2413

legislation and proposed department rules, shall present issues

2414

concerning the motor vehicle lending industry to the department

2415

for its consideration, shall consider any matters relating to the

2416

motor vehicle lending industry which are presented to it by the

2417

department, and shall submit a final report, including

2418

legislative proposals to the Governor, the President of the

2419

Senate, the Speaker of the House of Representatives and

2420

appropriate committees within the Legislature by June 30, 2009,

2421

when the task force shall cease to exist.

2422

     (2) The task force shall be composed of 12 members

2423

appointed by each of the following organizations: one

2424

representative of the Department of Highway Safety and Motor

2425

Vehicles; one representative of the independent motor vehicle

2426

industry, appointed by the Florida Independent Automobile Dealers

2427

Association; one representative of the franchise motor vehicle

2428

industry, appointed by the Florida Automobile Dealers

2429

Association; one representative of credit unions, appointed by

2430

the Florida Credit Union League; one representative of the

2431

banking industry, appointed by the Florida Bankers Association;

2432

one representative of the insurance industry, appointed by the

2433

Florida Insurance Council; one state attorney, appointed by the

2434

Florida State Attorneys Association; one representative of the

2435

Office of Financial Regulation of the Department of Financial

2436

Services; one representative of a law enforcement agency,

2437

appointed by the Florida Auto Theft Intelligence Unit; one

2438

representative of the auto repair industry, appointed by the

2439

Florida Automotive Services Association; one representative of

2440

the towing industry, appointed by the Professional Wrecker

2441

Operators of Florida; and one representative of independent motor

2442

vehicle finance companies, appointed by the Florida Financial

2443

Services Association.

2444

     (3)(a) The task force shall elect a chair and vice chair at

2445

its initial meeting, which shall be held by October 1, 2008.

2446

     (b) The task force shall meet at least four times in

2447

different areas of the state, including one meeting in

2448

Tallahassee. Meetings may be called by the chair or by a simple

2449

majority of the members. The task force shall conduct all

2450

meetings pursuant to general law and shall keep minutes of its

2451

meetings. Meetings may be held in locations around the state in

2452

department facilities or in other appropriate locations. The

2453

department shall provide administrative support to the task

2454

force.

2455

     (3) Members from the private sector are not entitled to per

2456

diem or reimbursement for travel expenses. However, members from

2457

the public sector are entitled to reimbursement, if any, from

2458

their respective agency. The task force may request assistance

2459

from the Department of Highway Safety and Motor Vehicles as

2460

necessary.

2461

     Section 53. Except for specialty license plates which are

2462

approved before or during the 2008 Legislative session, or which

2463

have bills filed during the 2008 session, the Department of

2464

Highway Safety and Motor Vehicles may not issue any new specialty

2465

license plates pursuant to ss. 320.08056 and 320.08058, Florida

2466

Statutes, between July 1, 2008, and July 1, 2011.

2467

     Section 54.  Except as otherwise expressly provided in this

2468

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

2469

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

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