CS for CS for CS for SB 1992 (CORRECTED COPY) Second Engrossed

20081992e2

A bill to be entitled

An act relating to the Department of Highway Safety and

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

term "hybrid vehicle"; authorizing the driving of a

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

high-occupancy-vehicle lane regardless of occupancy;

authorizing the department to limit or discontinue such

driving under certain circumstances; directing the

Department of Transportation to review a specified federal

rule and make a report to the Legislature; exempting

certain vehicles from the payment of certain tolls;

amending s. 316.1575, F.S.; requiring a person walking or

driving a vehicle to stop at a railroad crossing upon the

signal of a law enforcement officer; amending s. 316.1895,

F.S.; requiring the placement of signs in certain school

zones stating that speeding fines are doubled within the

zone; amending s. 316.191, F.S.; providing a definition of

the term "spectator"; prohibiting a person from being a

spectator at an illegal drag race; providing noncriminal

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

alcohol or breath-alcohol level for which enhanced

penalties are imposed against a person convicted of

driving under the influence; clarifying that an ignition

interlock device is installed for a continuous period;

amending s. 316.1937, F.S.; revising the conditions under

which the court may require the use of an ignition

interlock device; amending s. 316.251, F.S.; conforming a

cross-reference; amending s. 316.302, F.S.; revising

references to rules, regulations, and criteria governing

commercial motor vehicles engaged in intrastate commerce;

providing that the Department of Transportation performs

duties assigned to the Field Administrator of the Federal

Motor Carrier Safety Administration under the federal

rules and may enforce those rules; amending ss. 316.613

and 316.614, F.S.; revising the definition of "motor

vehicle" for purposes of child restraint and safety belt

usage requirements; amending s. 316.645, F.S.; authorizing

a police officer to make an arrest upon probable cause of

a violation of laws governing motor vehicle licenses;

amending s. 316.650, F.S.; revising requirements for

traffic citation forms; providing for the electronic

transmission of citation data; amending s. 316.656, F.S.;

lowering the percentage of blood or breath alcohol content

relating to the prohibition against pleading guilty to a

lesser offense of driving under the influence than the

offense charged; amending s. 318.14, F.S.; prohibiting a

person from electing more than five times within 10 years

to attend a basic driver improvement course approved by

the Department of Highway Safety and Motor Vehicles in

lieu of making a court appearance; amending s. 319.001,

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

information stored electronically in the department's

database; amending s. 320.01, F.S.; revising the

definition of the term "motorcycle" to exclude a vehicle

in which the operator is enclosed by a cabin; amending s.

320.02, F.S.; deleting the requirement for a motorcycle

endorsement at the time of original registration of a

motorcycle, motor-driven cycle, or moped; repealing s.

320.02(13), F.S., relating to a motor vehicle registration

voluntary contribution for the Election Campaign Financing

Trust Fund; amending s. 320.0706, F.S.; providing that a

violation of requirements for displaying a truck license

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

requiring the department to withhold issuing or to suspend

a registration and license plate for a commercial motor

vehicle if the federal identifying number is not provided

or if the motor carrier or vehicle owner has been

prohibited from operating; amending s. 320.08053, F.S.;

removing a requirement that the department create certain

specifications by rule for specialty license plates;

amending s. 320.0894, F.S.; providing for issuance of Gold

Star license plates to certain family members; amending s.

320.131, F.S.; requiring motor vehicle temporary tags to

be affixed on the exterior of the vehicle; revising the

requirement that the department specify media for motor

vehicle temporary tags; revising the requirement that the

department implement a print-on-demand electronic system

for temporary tag issuance; providing for limited use of a

backup manual issuance method during an outage; providing

for rulemaking and certain exemptions; amending s. 320.27,

F.S.; revising the insurance requirements for persons

applying for a motor vehicle dealer license; conforming a

cross-reference; repealing s. 320.96, F.S., relating to a

print-on-demand electronic temporary license plate system;

amending s. 322.01, F.S.; defining the term "convenience

service" for purposes of transactions with the department;

revising the definition of the term "conviction" to

provide for application to offenses committed by a person

holding a commercial driver's license; revising the

definition of the terms "hazardous materials" and "out-of-

service order"; amending s. 322.051, F.S.; revising

requirements for application for issuance or renewal of an

identification card; revising provisions providing for the

expiration of an identification card issued by the

department; amending s. 322.08, F.S.; revising

requirements for application for a driver's license;

removing a provision requiring the application form to

include language permitting a voluntary contribution for

the Election Campaign Financing Trust Fund; amending s.

100

322.14, F.S.; revising provisions for content of a

101

driver's license; requiring the license to contain the

102

licensee's residence address; removing a requirement that

103

the license contain the licensee's mailing address;

104

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

105

officer or authorized representative of the department to

106

collect a person's fingerprints electronically; amending

107

s. 322.17, F.S.; revising provisions for replacement of an

108

instruction permit or driver license; removing fee

109

amounts; requiring payment of specified fee amounts;

110

removing a provision for a change of address sticker;

111

conforming cross-references; amending s. 322.18, F.S.;

112

revising provisions providing for the expiration and

113

renewal of driver's licenses; providing for the renewal of

114

certain licenses every 8 years; conforming cross-

115

references; providing for the renewal of licenses using a

116

convenience service; requiring the department to issue new

117

licenses rather than extension stickers; repealing s.

118

322.181(4), F.S., relating to the Florida At-Risk Driver

119

Council; amending s. 322.19, F.S.; revising provisions for

120

a licensee changing address; removing a provision for the

121

licensee to request a change-of-address sticker;

122

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

123

revising fees for issuance of original, renewal, and

124

replacement driver's licenses and identification cards;

125

revising fees for specified endorsements; providing for

126

distribution of revised fees; amending s. 322.2715, F.S.;

127

providing that the required installation period of an

128

ignition interlock device for certain DUI offenses be

129

continuous; amending s. 322.291, F.S.; providing

130

additional requirements for a third or subsequent

131

violation of requirements for installation of an ignition

132

interlock device; requiring treatment and extension of the

133

duration of the ignition interlock requirement; amending

134

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

135

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

136

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

137

that vehicle is involved in an accident resulting in

138

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

139

relating to the prohibition on commercial motor vehicle

140

drivers possessing more than one license; amending s.

141

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

142

from operating a commercial motor vehicle following

143

certain traffic violations; providing for permanent

144

disqualification following conviction of a felony

145

involving the manufacture, distribution, or dispensing of

146

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

147

providing that a person's privilege to drive a commercial

148

motor vehicle is disqualified if the person was driving or

149

in actual physical control of a commercial motor vehicle,

150

or any motor vehicle if the person holds a commercial

151

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

152

breath-alcohol level or refuses to submit to a breath,

153

urine, or blood test; providing for the period of

154

disqualification; providing procedures; providing for

155

issuance of a notice of disqualification; revising the

156

requirements for a formal review hearing following a

157

person's disqualification from operating a commercial

158

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

159

a judgment becomes final by expiration of the time for

160

appeal; amending s. 501.976, F.S.; conforming a cross-

161

reference; creating the Automobile Lenders Industry Task

162

Force within the Department of Highway Safety and Motor

163

Vehicles; providing duties of the task force; providing

164

for membership and the election of officers; providing for

165

meetings; providing for reimbursement for travel and per

166

diem expenses for public-sector members; requiring the

167

department to provide administrative support and

168

assistance to the task force; prohibiting the Department

169

of Highway Safety and Motor Vehicles from issuing any new

170

specialty license plates for a specified period;

171

designating the Joseph P. Bertrand Building in Lee County;

172

providing effective dates.

173

174

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

175

176

Section 1. Section 316.0741, Florida Statutes, is amended

177

to read:

178

316.0741 High-occupancy-vehicle High occupancy vehicle

179

lanes.--

180

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

181

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

182

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

183

vehicles in which there is more than one occupant unless

184

otherwise authorized by federal law.

185

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

186

1. That draws propulsion energy from onboard sources of

187

stored energy which are both an internal combustion or heat

188

engine using combustible fuel and a rechargeable energy-storage

189

system; and

190

2. That, in the case of a passenger automobile or light

191

truck, has received a certificate of conformity under the Clean

192

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

193

equivalent qualifying California standards for a low-emission

194

vehicle.

195

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

196

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

197

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

198

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

199

control device.

200

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

201

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

202

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

203

driver who violates this section shall be cited for a moving

204

violation, punishable as provided in chapter 318.

205

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

206

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

207

labeled in accordance with federal regulations may be driven in

208

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

209

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

210

proper federal regulatory agency authorizing such use, a vehicle

211

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

212

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

213

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

214

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

215

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

216

166(f)(3)(B).

217

218

Environmental Protection Agency final rule pursuant to 23 U.S.C.

219

s. 166(e), relating to the eligibility of hybrid and other low-

220

emission and energy-efficient vehicles for operation in an HOV

221

lane, regardless of occupancy, the Department of Transportation

222

shall review the rule and recommend to the Legislature any

223

statutory changes necessary for compliance with the federal rule.

224

The department shall provide its recommendations no later than 30

225

days following issuance of the final rule.

226

(5) The department shall issue a decal and registration

227

certificate, to be renewed annually, reflecting the HOV lane

228

designation on such vehicles meeting the criteria in subsection

229

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

230

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

231

of designing, producing, and distributing each decal, or $5,

232

whichever is less. The proceeds from sale of the decals shall be

233

deposited in the Highway Safety Operating Trust Fund. The

234

department may, for reasons of operation and management of HOV

235

facilities, limit or discontinue issuance of decals for the use

236

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

237

vehicles, regardless of occupancy, if it has been determined by

238

the Department of Transportation that the facilities are degraded

239

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

240

(6) Vehicles having decals by virtue of compliance with the

241

minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B),

242

and which are registered for use in high-occupancy toll lanes or

243

express lanes in accordance with Department of Transportation

244

rule, shall be allowed to use any HOV lanes redesignated as high-

245

occupancy toll lanes or express lanes without payment of a toll.

246

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

247

means a motor vehicle:

248

(a) That draws propulsion energy from onboard sources of

249

stored energy which are both:

250

1. An internal combustion or heat engine using combustible

251

fuel; and

252

2. A rechargeable energy storage system; and

253

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

254

truck:

255

1. Has received a certificate of conformity under the Clean

256

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

257

2. Meets or exceeds the equivalent qualifying California

258

standards for a low-emission vehicle.

259

(7)(6) The department may adopt rules necessary to

260

administer this section.

261

Section 2. Paragraph (b) of subsection (1) of section

262

316.1575, Florida Statutes, is amended to read:

263

316.1575 Obedience to traffic control devices at railroad-

264

highway grade crossings.--

265

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

266

a railroad-highway grade crossing under any of the circumstances

267

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

268

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

269

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

270

requirements apply when:

271

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

272

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

273

approach or passage of a railroad train;

274

Section 3. Effective July 1, 2008, subsection (6) of

275

section 316.1895, Florida Statutes, is amended to read:

276

316.1895 Establishment of school speed zones, enforcement;

277

designation.--

278

(6) Permanent signs designating school zones and school

279

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

280

have the times during which the restrictive speed limit is

281

enforced clearly designated thereon. Flashing beacons activated

282

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

283

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

284

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

285

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

286

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

287

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

288

Department of Transportation shall establish adequate standards

289

for the signs and flashing beacons.

290

Section 4. Paragraph (d) is added to subsection (1) of

291

section 316.191, Florida Statutes, subsections (3), (4), and (5)

292

of that section are renumbered as subsections (4), (5), and (6),

293

respectively, and a new subsection (3) is added to that section,

294

to read:

295

316.191 Racing on highways.--

296

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

297

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

298

at and views a drag race, when such presence is the result of an

299

affirmative choice to attend or participate in the race. For

300

purposes of determining whether or not an individual is a

301

spectator, finders of fact shall consider the relationship

302

between the racer and the individual, evidence of gambling or

303

betting on the outcome of the race, and any other factor that

304

would tend to show knowing attendance or participation.

305

(3)(a) A person may not be a spectator at any drag race

306

prohibited under subsection (2).

307

(b) A person who violates the provisions of paragraph (a)

308

commits a noncriminal traffic infraction, punishable as a moving

309

violation as provided in chapter 318.

310

Section 5. Subsection (4) of section 316.193, Florida

311

Statutes, is amended to read:

312

316.193 Driving under the influence; penalties.--

313

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

314

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

315

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

316

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

317

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

318

age of 18 years, shall be punished:

319

(a) By a fine of:

320

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

321

conviction.

322

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

323

conviction.

324

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

325

conviction.

326

(b) By imprisonment for:

327

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

328

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

329

330

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

331

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

332

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

333

higher.

334

335

the court shall order the mandatory placement, at the convicted

336

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

337

by the department in accordance with s. 316.1938 upon all

338

vehicles that are individually or jointly leased or owned and

339

routinely operated by the convicted person for not less than up

340

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

341

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

342

convicted person qualifies for a permanent or restricted license.

343

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

344

2003.

345

Section 6. Subsection (1) of section 316.1937, Florida

346

Statutes, is amended to read:

347

316.1937 Ignition interlock devices, requiring; unlawful

348

acts.--

349

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

350

court may require that any person who is convicted of driving

351

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

352

a motor vehicle unless that vehicle is equipped with a

353

functioning ignition interlock device certified by the department

354

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

355

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

356

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

357

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

358

interlock device for a period of not less than 6 continuous

359

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

360

whether or not the privilege to operate a motor vehicle is

361

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

362

order placement of an ignition interlock device in those

363

circumstances required by s. 316.193.

364

Section 7. Subsection (2) of section 316.251, Florida

365

Statutes, is amended to read:

366

316.251 Maximum bumper heights.--

367

(2) "New motor vehicles" as defined in s. 319.001(9)(8),

368

"antique automobiles" as defined in s. 320.08, "horseless

369

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

370

in s. 320.0863 shall be excluded from the requirements of this

371

section.

372

Section 8. Paragraph (b) of subsection (1) and subsections

373

(6) and (8) of section 316.302, Florida Statutes, are amended to

374

read:

375

316.302 Commercial motor vehicles; safety regulations;

376

transporters and shippers of hazardous materials; enforcement.--

377

(1)

378

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

379

owners or drivers of commercial motor vehicles that are engaged

380

in intrastate commerce are subject to the rules and regulations

381

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

382

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

383

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

384

2005.

385

(6) The state Department of Transportation shall perform

386

the duties that are assigned to the Field Administrator, Federal

387

Motor Carrier Safety Administration Regional Federal Highway

388

Administrator under the federal rules, and an agent of that

389

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

390

rules.

391

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

392

enforcement officer of the Department of Transportation or duly

393

appointed agent who holds a current safety inspector

394

certification from the Commercial Vehicle Safety Alliance may

395

require the driver of any commercial vehicle operated on the

396

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

397

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

398

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

399

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

400

adjustment, and the continued operation would present an unduly

401

hazardous operating condition, the officer may require the

402

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

403

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

404

corrected. However, if continuous operation would not present an

405

unduly hazardous operating condition, the officer may give

406

written notice requiring correction of the condition within 14

407

days.

408

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

409

enforcement officer employed by a sheriff's office or municipal

410

police department authorized to enforce the traffic laws of this

411

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

412

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

413

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

414

section.

415

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

416

request to submit to an inspection under this subsection commits

417

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

418

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

419

resists the officer with violence.

420

Section 9. Subsection (2) of section 316.613, Florida

421

Statutes, is amended to read:

422

316.613 Child restraint requirements.--

423

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

424

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

425

roadways, streets, and highways of the state. The term does not

426

include:

427

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

428

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

429

compensation, other than a bus regularly used to transport

430

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

431

in conjunction with school activities.

432

433

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

434

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

435

(e) A motorcycle, moped, or bicycle.

436

Section 10. Paragraph (a) of subsection (3) of section

437

316.614, Florida Statutes, is amended to read:

438

316.614 Safety belt usage.--

439

(3) As used in this section:

440

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

441

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

442

highways of this state. The term does not include:

443

1. A school bus.

444

2. A bus used for the transportation of persons for

445

compensation.

446

3. A farm tractor or implement of husbandry.

447

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

448

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

449

5. A motorcycle, moped, or bicycle.

450

Section 11. Section 316.645, Florida Statutes, is amended

451

to read:

452

316.645 Arrest authority of officer at scene of a traffic

453

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

454

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

455

the crash when, based upon personal investigation, the officer

456

has reasonable and probable grounds to believe that the person

457

has committed any offense under the provisions of this chapter,

458

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

459

Section 12. Subsections (1), (3), (4), (5), (6), and (7) of

460

section 316.650, Florida Statutes, are amended to read:

461

316.650 Traffic citations.--

462

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

463

traffic enforcement agency in this state, an appropriate form

464

traffic citation that contains containing a notice to appear, is

465

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

466

in quintuplicate) and meeting the requirements of this chapter or

467

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

468

shall be consistent with the state traffic court rules and the

469

procedures established by the department. The form shall include

470

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

471

when the officer believes that the traffic violation or crash was

472

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

473

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

474

law enforcement officer when the officer writes a uniform traffic

475

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

476

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

477

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

478

traffic enforcement agency in the state, an appropriate

479

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

480

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

481

and that indicates which shall indicate the specific defect

482

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

483

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

484

316.610 by a commercial motor vehicle as defined in s.

485

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

486

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

487

form traffic citation.

488

489

enforcement agency may produce uniform traffic citations by

490

electronic means. Such citations must be consistent with the

491

state traffic court rules and the procedures established by the

492

department and; must be appropriately numbered and inventoried;

493

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

494

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

495

(d) The department must distribute to every traffic

496

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

497

infraction reference guide describing the class of the traffic

498

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

499

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

500

necessary to describe a violation and the penalties therefor.

501

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

502

316.1001, each traffic enforcement officer, upon issuing a

503

traffic citation to an alleged violator of any provision of the

504

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

505

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

506

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

507

enforcement agency that which has an automated citation issuance

508

system, the chief administrative officer shall provide by an

509

electronic transmission a replica of the citation data to

510

facsimile with a court having jurisdiction over the alleged

511

offense or with its traffic violations bureau within 5 days after

512

issuance to the violator.

513

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

514

316.1001, a traffic enforcement officer may deposit the original

515

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

516

traffic enforcement agency that has an automated citation system,

517

may provide by an electronic transmission a replica of the

518

citation data to facsimile with a court having jurisdiction over

519

the alleged offense or with its traffic violations bureau within

520

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

521

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

522

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

523

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

524

owning the applicable toll facility, plus the amount of the

525

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

526

governmental entity that issued the citation, or on whose behalf

527

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

528

traffic citation will not be submitted to the court, the

529

disposition will be reported to the department by the

530

governmental entity that issued the citation, or on whose behalf

531

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

532

the person's driver's license.

533

(4) The chief administrative officer of every traffic

534

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

535

officer-agency department record copy of every traffic citation

536

issued by an officer under the chief administrative officer's

537

supervision to an alleged violator of any traffic law or

538

ordinance and of all copies of every traffic citation that which

539

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

540

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

541

enforcement agency that which has an automated citation issuance

542

system, the chief administrative officer shall require the return

543

of all electronic traffic citation records.

544

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

545

traffic citation or upon deposit of an electronic transmission of

546

a replica of citation data facsimile of the traffic citation with

547

respect to traffic enforcement agencies that which have an

548

automated citation issuance system with a court having

549

jurisdiction over the alleged offense or with its traffic

550

violations bureau as aforesaid, the original citation, the

551

electronic citation containing a replica of citation data

552

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

553

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

554

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

555

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

556

violations bureau by the person to whom such traffic citation has

557

been issued by the traffic enforcement officer.

558

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

559

form approved by the department, the department record copy of

560

the uniform traffic citation to the department within 5 days

561

after submission of the original, groups of issued citations and

562

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

563

court. Batches of electronic citations containing a replica of

564

citation data may be transmitted to the court department in an

565

electronic automated fashion, in a format form prescribed by the

566

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

567

of such transmittal shall also be provided to the court having

568

jurisdiction for accountability purposes.

569

(7) The chief administrative officer shall also maintain or

570

cause to be maintained in connection with every traffic citation

571

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

572

disposition of the charge by the court or its traffic violations

573

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

574

electronic citation was deposited.

575

Section 13. Paragraph (a) of subsection (2) of section

576

316.656, Florida Statutes, is amended to read:

577

316.656 Mandatory adjudication; prohibition against

578

accepting plea to lesser included offense.--

579

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

580

lesser offense from a person charged under the provisions of this

581

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

582

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

583

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

584

Section 14. Subsection (9) of section 318.14, Florida

585

Statutes, is amended to read:

586

318.14 Noncriminal traffic infractions; exception;

587

procedures.--

588

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

589

license and who is cited for an infraction under this section

590

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

591

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

592

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

593

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

594

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

595

within this state a basic driver improvement course approved by

596

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

597

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

598

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

599

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

600

person may not make an election under this subsection if the

601

person has made an election under this subsection in the

602

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

603

elections within 10 years under this subsection. The requirement

604

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

605

of nolo contendere or by the withholding of adjudication of guilt

606

by a court.

607

Section 15. Subsections (1) through (11) of section

608

319.001, Florida Statutes, are renumbered as subsections (2)

609

through (12), respectively, and a new subsection (1) is added to

610

that section to read:

611

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

612

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

613

evidence of ownership of a vehicle, whether a paper certificate

614

authorized by the department or a certificate consisting of

615

information that is stored in an electronic form in the

616

department's database.

617

Section 16. Subsection (27) of section 320.01, Florida

618

Statutes, is amended to read:

619

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

620

Statutes, except as otherwise provided, the term:

621

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

622

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

623

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

624

a tractor, or a moped, or a vehicle in which the operator is

625

enclosed by a cabin.

626

Section 17. Effective July 1, 2008, subsection (1) of

627

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

628

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

629

320.02 Registration required; application for registration;

630

forms.--

631

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

632

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

633

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

634

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

635

department or to its authorized agent for registration of each

636

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

637

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

638

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

639

or she has a valid motorcycle endorsement as required in chapter

640

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

641

not operated on the roads of this state during the registration

642

period.

643

Section 18. Subsection (13) of section 320.02, Florida

644

Statutes, is repealed.

645

Section 19. Section 320.0706, Florida Statutes, is amended

646

to read:

647

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

648

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

649

more shall display the registration license plate on both the

650

front and rear of the truck in conformance with all the

651

requirements of s. 316.605 that do not conflict with this

652

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

653

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

654

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

655

required to display the registration license plate only on the

656

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

657

noncriminal traffic infraction, punishable as a moving violation

658

as provided in chapter 318.

659

Section 20. Subsection (4) of section 320.0715, Florida

660

Statutes, is amended to read:

661

320.0715 International Registration Plan; motor carrier

662

services; permits; retention of records.--

663

(4) Each motor carrier registered under the International

664

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

665

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

666

department for the reasonable administration of this chapter.

667

(a) The department shall withhold registrations and license

668

plates for commercial motor vehicles unless the identifying

669

number issued by the federal agency responsible for motor carrier

670

safety is provided for the motor carrier and the entity

671

responsible for motor carrier safety for each motor vehicle as

672

part of the application process.

673

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

674

registration or license plate to, and may not transfer the

675

commercial motor vehicle registration or license plate for, a

676

motor carrier or vehicle owner who has been prohibited from

677

operating by a federal or state agency responsible for motor

678

carrier safety.

679

680

commercial motor vehicle registration and license plate issued to

681

a motor carrier or vehicle owner who has been prohibited from

682

operating by a federal or state agency responsible for motor

683

carrier safety.

684

Section 21. Subsection (3) of section 320.08053, Florida

685

Statutes, is amended to read:

686

320.08053 Requirements for requests to establish specialty

687

license plates.--

688

(3) The department shall adopt rules providing viewpoint-

689

neutral specifications for the design of specialty license plates

690

that promote or enhance the readability of all specialty license

691

plates and that discourage counterfeiting. The rules shall

692

provide uniform specifications requiring inclusion of the word

693

"Florida" in the same location on each specialty license plate,

694

in such a size and location that is clearly identifiable on the

695

specialty license plate when mounted on a vehicle, and shall

696

provide specifications for the size and location of any words or

697

logos appearing on a specialty license plate.

698

Section 22. Paragraph (a) of subsection (4) of section

699

320.0894, Florida Statutes, is amended to read:

700

320.0894 Motor vehicle license plates to Gold Star family

701

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

702

honoring the family members of servicemembers who have been

703

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

704

The license plate shall be officially designated as the Gold Star

705

license plate and shall be developed and issued as provided in

706

this section.

707

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

708

to family members of a servicemember who resided in Florida at

709

the time of the death of the servicemember.

710

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

711

servicemember killed while serving may be issued a Gold Star

712

license plate upon payment of the license tax and appropriate

713

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

714

of residence of the servicemember.

715

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

716

the applicant must be directly related to a fallen servicemember

717

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

718

married to the mother or father of the fallen servicemember.

719

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

720

service as listed by the United States Department of Defense and

721

may be verified from documentation directly from the Department

722

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

723

Guard, Reserve, or National Guard.

724

Section 23. Effective upon this act becoming a law,

725

subsections (4) and (8) of section 320.131, Florida Statutes, are

726

amended, and subsection (9) is added to that section, to read:

727

320.131 Temporary tags.--

728

(4)(a) Temporary tags shall be conspicuously displayed in

729

the rear license plate bracket or, attached to the inside of the

730

rear window in an upright position so as to be clearly visible

731

from the rear of the vehicle. on vehicles requiring front display

732

of license plates, temporary tags shall be displayed on the front

733

of the vehicle in the location where the metal license plate

734

would normally be displayed.

735

(b) The department shall designate specifications for the

736

media upon which the temporary tag is printed. Such media shall

737

be either nonpermeable or subject to weatherproofing so that it

738

maintains its structural integrity, including graphic and data

739

adhesion, in all weather conditions after being placed on a

740

vehicle.

741

(8) The department shall may administer an electronic

742

system for licensed motor vehicle dealers to use for in issuing

743

temporary tags license plates. Upon issuing a temporary license

744

plate, the dealer shall access the electronic system and enter

745

the appropriate vehicle and owner information within the

746

timeframe specified by department rule. If a dealer fails to

747

comply with the department's requirements for issuing temporary

748

tags license plates using the electronic system, the department

749

may deny, suspend, or revoke a license under s. 320.27(9)(b)16.

750

upon proof that the licensee has failed to comply with the

751

department's requirements. The department may adopt rules to

752

administer this section.

753

(9)(a) The department shall implement a secure print-on-

754

demand electronic temporary tag registration, record retention,

755

and issue system required for use by every department-authorized

756

issuer of temporary tags by the end of the 2007-2008 fiscal year.

757

Such system shall enable the department to issue, on demand, a

758

temporary tag number in response to a request from the issuer by

759

way of a secure electronic exchange of data and enable the issuer

760

to print the temporary tag that has all required information. A

761

motor vehicle dealer licensed under this chapter may charge a fee

762

to comply with this subsection.

763

(b) To ensure the continuation of operations for issuers if

764

a system outage occurs, the department shall allow the limited

765

use of a backup manual issuance method during an outage which

766

requires recordkeeping of information as determined by the

767

department and requires the timely electronic reporting of this

768

information to the department.

769

770

this subsection. Such rules may include exemptions from the

771

requirements of this subsection as required to administer the

772

program, as well as exemptions for issuers who do not require a

773

dealer license under this chapter because of the type or size of

774

vehicle being sold.

775

Section 24. Subsection (3) and paragraph (b) of subsection

776

(9) of section 320.27, Florida Statutes, is amended to read:

777

320.27 Motor vehicle dealers.--

778

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

779

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

780

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

781

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

782

affirmation and shall contain a full statement of the name and

783

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

784

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

785

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

786

copartnership; the names and places of residence of the principal

787

officers, if the applicant is a body corporate or other

788

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

789

corporation is organized; the present and former place or places

790

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

791

applicant has been engaged and the location thereof. Such

792

application shall describe the exact location of the place of

793

business and shall state whether the place of business is owned

794

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

795

the lease shall be attached to the application. The applicant

796

shall certify that the location provides an adequately equipped

797

office and is not a residence; that the location affords

798

sufficient unoccupied space upon and within which adequately to

799

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

800

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

801

faith carry on such business and keep and maintain books,

802

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

803

be available at all reasonable hours to inspection by the

804

department or any of its inspectors or other employees. The

805

applicant shall certify that the business of a motor vehicle

806

dealer is the principal business which shall be conducted at that

807

location. Such application shall contain a statement that the

808

applicant is either franchised by a manufacturer of motor

809

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

810

applicant is franchised to sell shall be included, or an

811

independent (nonfranchised) motor vehicle dealer. Such

812

application shall contain such other relevant information as may

813

be required by the department, including evidence that the

814

applicant is insured under a garage liability insurance policy or

815

a general liability insurance policy coupled with a business

816

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

817

combined single-limit liability coverage including bodily injury

818

and property damage protection and $10,000 personal injury

819

protection. Franchise dealers must submit a garage liability

820

insurance policy, and all other dealers must submit a garage

821

liability insurance policy or a general liability insurance

822

policy coupled with a business automobile policy. Such policy

823

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

824

continued policy shall be delivered to the department at the

825

beginning of each license period. Upon making such initial

826

application, the applicant person applying therefor shall pay to

827

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

828

required by law; upon making a subsequent renewal application,

829

the applicant person applying therefor shall pay to the

830

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

831

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

832

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

833

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

834

of every application for initial licensure, verify whether

835

certain facts set forth in the application are true. Each

836

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

837

corporate officer and director in the case of a corporate

838

applicant, must file a set of fingerprints with the department

839

for the purpose of determining any prior criminal record or any

840

outstanding warrants. The department shall submit the

841

fingerprints to the Department of Law Enforcement for state

842

processing and forwarding to the Federal Bureau of Investigation

843

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

844

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

845

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

846

license to an applicant pending the results of the fingerprint

847

investigation, which license is fully revocable if the department

848

subsequently determines that any facts set forth in the

849

application are not true or correctly represented.

850

(9) DENIAL, SUSPENSION, OR REVOCATION.--

851

(b) The department may deny, suspend, or revoke any license

852

issued hereunder or under the provisions of s. 320.77 or s.

853

320.771 upon proof that a licensee has committed, with sufficient

854

frequency so as to establish a pattern of wrongdoing on the part

855

of a licensee, violations of one or more of the following

856

activities:

857

1. Representation that a demonstrator is a new motor

858

vehicle, or the attempt to sell or the sale of a demonstrator as

859

a new motor vehicle without written notice to the purchaser that

860

the vehicle is a demonstrator. For the purposes of this section,

861

a "demonstrator," a "new motor vehicle," and a "used motor

862

vehicle" shall be defined as under s. 320.60.

863

2. Unjustifiable refusal to comply with a licensee's

864

responsibility under the terms of the new motor vehicle warranty

865

issued by its respective manufacturer, distributor, or importer.

866

However, if such refusal is at the direction of the manufacturer,

867

distributor, or importer, such refusal shall not be a ground

868

under this section.

869

3. Misrepresentation or false, deceptive, or misleading

870

statements with regard to the sale or financing of motor vehicles

871

which any motor vehicle dealer has, or causes to have,

872

advertised, printed, displayed, published, distributed,

873

broadcast, televised, or made in any manner with regard to the

874

sale or financing of motor vehicles.

875

4. Failure by any motor vehicle dealer to provide a

876

customer or purchaser with an odometer disclosure statement and a

877

copy of any bona fide written, executed sales contract or

878

agreement of purchase connected with the purchase of the motor

879

vehicle purchased by the customer or purchaser.

880

5. Failure of any motor vehicle dealer to comply with the

881

terms of any bona fide written, executed agreement, pursuant to

882

the sale of a motor vehicle.

883

6. Failure to apply for transfer of a title as prescribed

884

in s. 319.23(6).

885

7. Use of the dealer license identification number by any

886

person other than the licensed dealer or his or her designee.

887

8. Failure to continually meet the requirements of the

888

licensure law.

889

9. Representation to a customer or any advertisement to the

890

public representing or suggesting that a motor vehicle is a new

891

motor vehicle if such vehicle lawfully cannot be titled in the

892

name of the customer or other member of the public by the seller

893

using a manufacturer's statement of origin as permitted in s.

894

319.23(1).

895

10. Requirement by any motor vehicle dealer that a customer

896

or purchaser accept equipment on his or her motor vehicle which

897

was not ordered by the customer or purchaser.

898

11. Requirement by any motor vehicle dealer that any

899

customer or purchaser finance a motor vehicle with a specific

900

financial institution or company.

901

12. Requirement by any motor vehicle dealer that the

902

purchaser of a motor vehicle contract with the dealer for

903

physical damage insurance.

904

13. Perpetration of a fraud upon any person as a result of

905

dealing in motor vehicles, including, without limitation, the

906

misrepresentation to any person by the licensee of the licensee's

907

relationship to any manufacturer, importer, or distributor.

908

14. Violation of any of the provisions of s. 319.35 by any

909

motor vehicle dealer.

910

15. Sale by a motor vehicle dealer of a vehicle offered in

911

trade by a customer prior to consummation of the sale, exchange,

912

or transfer of a newly acquired vehicle to the customer, unless

913

the customer provides written authorization for the sale of the

914

trade-in vehicle prior to delivery of the newly acquired vehicle.

915

16. Willful failure to comply with any administrative rule

916

adopted by the department or the provisions of s. 320.131(8).

917

17. Violation of chapter 319, this chapter, or ss. 559.901-

918

559.9221, which has to do with dealing in or repairing motor

919

vehicles or mobile homes. Additionally, in the case of used motor

920

vehicles, the willful violation of the federal law and rule in 15

921

U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the consumer

922

sales window form.

923

18. Failure to maintain evidence of notification to the

924

owner or coowner of a vehicle regarding registration or titling

925

fees owed as required in s. 320.02(16)(17).

926

19. Failure to register a mobile home salesperson with the

927

department as required by this section.

928

Section 25. Section 320.96, Florida Statutes, is repealed.

929

Section 26. Subsections (10) through (44) of section

930

322.01, Florida Statutes, are renumbered as subsections (11)

931

through (45), respectively, present subsections (10), (23), and

932

(29) are amended, and a new subsection (10) is added to that

933

section, to read:

934

322.01 Definitions.--As used in this chapter:

935

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

936

individual conducts a transaction with the department other than

937

in person.

938

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

939

relating to the operation of motor vehicles on highways which is

940

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

941

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

942

noncriminal traffic infraction pursuant to s. 318.14, or a

943

judicial disposition of an offense committed under any federal

944

law substantially conforming to the aforesaid state statutory

945

provisions.

946

(b) Notwithstanding any other provisions of this chapter,

947

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

948

applies to offenses committed in a commercial motor vehicle or by

949

a person holding a commercial driver's license.

950

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

951

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

952

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

953

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

954

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

955

the Hazardous Materials Transportation Act.

956

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

957

by an authorized local, state, or Federal Government official

958

which precludes a person from driving a commercial motor vehicle

959

for a period of 72 hours or less.

960

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

961

Florida Statutes, are amended to read:

962

322.051 Identification cards.--

963

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

964

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

965

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

966

identification card by the department upon completion of an

967

application and payment of an application fee.

968

(a) Each such application shall include the following

969

information regarding the applicant:

970

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

971

proof of social security card number satisfactory to the

972

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

973

residential address satisfactory to the department, country of

974

birth, and a brief description.

975

2. Proof of birth date satisfactory to the department.

976

3. Proof of identity satisfactory to the department. Such

977

proof must include one of the following documents issued to the

978

applicant:

979

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

980

from another jurisdiction that required the applicant to submit a

981

document for identification which is substantially similar to a

982

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

983

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

984

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

985

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

986

c. A valid, unexpired United States passport;

987

d. A naturalization certificate issued by the United States

988

Department of Homeland Security;

989

e. A valid, unexpired An alien registration receipt card

990

(green card);

991

f. A Consular Report of Birth Abroad provided by the United

992

States Department of State;

993

g.f. An unexpired employment authorization card issued by

994

the United States Department of Homeland Security; or

995

h.g. Proof of nonimmigrant classification provided by the

996

United States Department of Homeland Security, for an original

997

identification card. In order to prove such nonimmigrant

998

classification, applicants may produce but are not limited to the

999

following documents:

1000

(I) A notice of hearing from an immigration court

1001

scheduling a hearing on any proceeding.

1002

(II) A notice from the Board of Immigration Appeals

1003

acknowledging pendency of an appeal.

1004

(III) Notice of the approval of an application for

1005

adjustment of status issued by the United States Bureau of

1006

Citizenship and Immigration Services.

1007

(IV) Any official documentation confirming the filing of a

1008

petition for asylum or refugee status or any other relief issued

1009

by the United States Bureau of Citizenship and Immigration

1010

Services.

1011

(V) Notice of action transferring any pending matter from

1012

another jurisdiction to Florida, issued by the United States

1013

Bureau of Citizenship and Immigration Services.

1014

(VI) Order of an immigration judge or immigration officer

1015

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

1016

the United States including, but not limited to asylum.

1017

(VII) Evidence that an application is pending for

1018

adjustment of status to that of an alien lawfully admitted for

1019

permanent residence in the United States or conditional permanent

1020

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

1021

available having a current priority date for processing by the

1022

United States Bureau of Citizenship and Immigration Services.

1023

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

1024

passport with an unexpired United States Visa affixed,

1025

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

1026

admittance into the United States.

1027

1028

Presentation of any of the documents described in sub-

1029

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

1030

applicant to an identification card for a period not to exceed

1031

the expiration date of the document presented or 1 year,

1032

whichever first occurs.

1033

(b) An application for an identification card must be

1034

signed and verified by the applicant in a format designated by

1035

the department before a person authorized to administer oaths and

1036

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

1037

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

1038

photograph or digital image of the applicant.

1039

1040

other unique biometric means of identity.

1041

(2)(a) Every identification card:

1042

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

1043

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

1044

the applicant following the date of original issue.

1045

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

1046

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

1047

applicant following the date of original issue.

1048

1049

Renewal of an identification card shall be made for the

1050

applicable term enumerated in this paragraph. However, if an

1051

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

1052

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

1053

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

1054

cardholder. Renewal of any identification card shall be made for

1055

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

1056

following expiration of the identification card renewed, unless

1057

surrendered earlier. Any application for renewal received later

1058

than 90 days after expiration of the identification card shall be

1059

considered the same as an application for an original

1060

identification card. The renewal fee for an identification card

1061

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

1062

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

1063

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

1064

the issuance or renewal of an identification card, destroy any

1065

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

1066

unless the cardholder is 60 years of age or older.

1067

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

1068

an applicant establishes his or her identity for an

1069

identification card using a document authorized under sub-

1070

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

1071

the eighth fourth birthday of the applicant following the date of

1072

original issue or upon first renewal or duplicate issued after

1073

implementation of this section. After an initial showing of such

1074

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

1075

obtain a duplicate in person.

1076

1077

if an applicant establishes his or her identity for an

1078

identification card using an identification document authorized

1079

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

1080

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

1081

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

1082

date cited on the United States Department of Homeland Security

1083

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

1084

obtain a duplicate except in person.

1085

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

1086

322.08, Florida Statutes, are amended to read:

1087

322.08 Application for license.--

1088

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

1089

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

1090

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

1091

application.

1092

(2) Each such application shall include the following

1093

information regarding the applicant:

1094

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

1095

proof of social security card number satisfactory to the

1096

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

1097

residential address satisfactory to the department, country of

1098

birth, and a brief description.

1099

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

1100

1101

proof must include one of the following documents issued to the

1102

applicant:

1103

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

1104

from another jurisdiction that required the applicant to submit a

1105

document for identification which is substantially similar to a

1106

document required under subparagraph 2., subparagraph 3.,

1107

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

1108

subparagraph 7., or subparagraph 8.;

1109

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

1110

3. A valid, unexpired United States passport;

1111

4. A naturalization certificate issued by the United States

1112

Department of Homeland Security;

1113

5. A valid, unexpired An alien registration receipt card

1114

(green card);

1115

6. A Consular Report of Birth Abroad provided by the United

1116

States Department of State;

1117

7.6. An unexpired employment authorization card issued by

1118

the United States Department of Homeland Security; or

1119

8.7. Proof of nonimmigrant classification provided by the

1120

United States Department of Homeland Security, for an original

1121

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

1122

an applicant may produce the following documents, including, but

1123

not limited to:

1124

a. A notice of hearing from an immigration court scheduling

1125

a hearing on any proceeding.

1126

b. A notice from the Board of Immigration Appeals

1127

acknowledging pendency of an appeal.

1128

c. A notice of the approval of an application for

1129

adjustment of status issued by the United States Bureau of

1130

Citizenship and Immigration Services.

1131

d. Any official documentation confirming the filing of a

1132

petition for asylum or refugee status or any other relief issued

1133

by the United States Bureau of Citizenship and Immigration

1134

Services.

1135

e. A notice of action transferring any pending matter from

1136

another jurisdiction to this state issued by the United States

1137

Bureau of Citizenship and Immigration Services.

1138

f. An order of an immigration judge or immigration officer

1139

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

1140

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

1141

g. Evidence that an application is pending for adjustment

1142

of status to that of an alien lawfully admitted for permanent

1143

residence in the United States or conditional permanent resident

1144

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

1145

a current priority date for processing by the United States

1146

Bureau of Citizenship and Immigration Services.

1147

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

1148

passport with an unexpired United States Visa affixed,

1149

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

1150

admittance into the United States.

1151

1152

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

1153

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

1154

or temporary permit for a period not to exceed the expiration

1155

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

1156

(d) Whether the applicant has previously been licensed to

1157

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

1158

license or driving privilege has ever been disqualified, revoked,

1159

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

1160

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

1161

suspension, revocation, or refusal.

1162

(e) Each such application may include fingerprints and

1163

other unique biometric means of identity.

1164

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

1165

duplicate thereof shall include language permitting the

1166

following:

1167

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

1168

contribution shall be transferred into the Election Campaign

1169

Financing Trust Fund.

1170

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

1171

contribution shall be deposited into the Florida Organ and Tissue

1172

Donor Education and Procurement Trust Fund for organ and tissue

1173

donor education and for maintaining the organ and tissue donor

1174

registry.

1175

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

1176

contribution shall be distributed to the Florida Council of the

1177

Blind.

1178

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

1179

shall be distributed to the Hearing Research Institute,

1180

Incorporated.

1181

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

1182

shall be distributed to the Juvenile Diabetes Foundation

1183

International.

1184

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

1185

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

1186

1187

A statement providing an explanation of the purpose of the trust

1188

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

1189

service charge provided in s. 215.20, contributions received

1190

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

1191

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

1192

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

1193

322.14, Florida Statutes, is amended to read:

1194

322.14 Licenses issued to drivers.--

1195

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

1196

all required examinations and payment of the required fee, issue

1197

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

1198

applied for, which license shall bear thereon a color photograph

1199

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

1200

distinguishing number assigned to the licensee; and the

1201

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

1202

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

1203

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

1204

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

1205

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

1206

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

1207

licensee except that the signature of said licensee shall not be

1208

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

1209

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

1210

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

1211

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

1212

color photographic or digital imaged driver's license pursuant to

1213

s. 322.142.

1214

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

1215

read:

1216

322.15 License to be carried and exhibited on demand;

1217

fingerprint to be imprinted upon a citation.--

1218

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

1219

which must be fully legible with no portion of such license

1220

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

1221

possession at all times when operating a motor vehicle and shall

1222

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

1223

an authorized representative of the department.

1224

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

1225

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

1226

officer or authorized representative of the department stopping

1227

the person shall require the person to imprint his or her

1228

fingerprints fingerprint upon any citation issued by the officer

1229

or authorized representative, or the officer or authorized

1230

representative shall collect the fingerprints electronically.

1231

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

1232

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

1233

license for the reason that the license was suspended for failure

1234

to comply with that citation shall be issued a suspension

1235

clearance by the clerk of the court for that citation upon

1236

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

1237

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

1238

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

1239

again be suspended for failure to comply.

1240

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

1241

infraction, punishable as a nonmoving violation as provided in

1242

chapter 318.

1243

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

1244

read:

1245

322.17 Replacement licenses and permits Duplicate and

1246

replacement certificates.--

1247

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

1248

license issued under the provisions of this chapter is lost or

1249

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

1250

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

1251

a replacement duplicate, or substitute thereof, upon furnishing

1252

proof satisfactory to the department that such permit or license

1253

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

1254

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

1255

satisfactory to the department, and proof of identity

1256

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

1257

this paragraph shall go to the Highway Safety Operating Trust

1258

Fund of the department.

1259

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

1260

license issued under the provisions of this chapter is stolen,

1261

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

1262

a replacement duplicate, or substitute thereof, upon furnishing

1263

proof satisfactory to the department that such permit or license

1264

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

1265

sex, residence and mailing address, proof of birth satisfactory

1266

to the department, and proof of identity satisfactory to the

1267

department.

1268

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

1269

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

1270

replacement fee, the department shall issue a replacement license

1271

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

1272

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

1273

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

1274

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

1275

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

1276

subsection shall go to the Highway Safety Operating Trust Fund of

1277

the department.

1278

(3) Notwithstanding any other provisions of this chapter,

1279

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

1280

license using an identification document authorized under s.

1281

322.08(2)(c)7.6. or 8.7., the licensee may not obtain a duplicate

1282

or replacement instruction permit or driver's license except in

1283

person and upon submission of an identification document

1284

authorized under s. 322.08(2)(c)7.6. or 8.7.

1285

Section 32. Subsections (2), (4), (5), (8), and (9) of

1286

section 322.18, Florida Statutes, are amended to read:

1287

322.18 Original applications, licenses, and renewals;

1288

expiration of licenses; delinquent licenses.--

1289

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

1290

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

1291

driver's license, as follows:

1292

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

1293

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

1294

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

1295

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

1296

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

1297

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

1298

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

1299

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

1300

issue.

1301

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

1302

applying for a renewal issuance or renewal extension shall be

1303

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

1304

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

1305

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

1306

being renewed. An applicant who is at least 80 years of age

1307

applying for a renewal issuance shall be issued a driver's

1308

license that, except that a driver whose driving record reflects

1309

no convictions for the preceding 3 years shall be issued a

1310

driver's license or renewal extension sticker which expires at

1311

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

1312

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

1313

1314

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

1315

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

1316

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

1317

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

1318

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

1319

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

1320

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

1321

license using a document authorized in s. 322.08(2)(c)7.6. or

1322

8.7., the driver's license shall expire 1 year 2 years after the

1323

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

1324

States Department of Homeland Security documents, whichever date

1325

first occurs.

1326

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

1327

applicant applying for an original or renewal issuance of a

1328

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

1329

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

1330

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

1331

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

1332

of expiration of the license being issued or renewed.

1333

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

1334

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

1335

upon the terms of issuance and shall be issued or renewed

1336

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

1337

322.21, and successful passage of any required examination,

1338

unless the department has reason to believe that the licensee is

1339

no longer qualified to receive a license.

1340

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

1341

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

1342

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

1343

license, upon an initial showing of such documentation, is

1344

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

1345

unless the renewal or duplication coincides with the periodic

1346

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

1347

1348

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

1349

using an identification document authorized under s.

1350

322.08(2)(c)7.6. or 8.7., the licensee may not renew the driver's

1351

license except in person and upon submission of an identification

1352

document authorized under s. 322.08(2)(c)7.6. or 8.7. A driver's

1353

license renewed under this paragraph expires 1 year 4 years after

1354

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

1355

United States Department of Homeland Security documents,

1356

whichever date first occurs.

1357

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

1358

applicant licensee has been determined to be eligible by the

1359

department.

1360

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

1361

who is at least 80 over 79 years of age:

1362

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

1363

any driver's license office; or

1364

2. If the licensee applies for a renewal using a

1365

convenience service an extension by mail as provided in

1366

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

1367

administered by a physician licensed under chapter 458 or chapter

1368

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

1369

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

1370

the department and signed by such health care practitioner, and

1371

must meet vision standards that are equivalent to the standards

1372

for passing the departmental vision test. The physician or

1373

optometrist may submit the results of a vision test by a

1374

department-approved electronic means.

1375

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

1376

not submit an application for renewal extension under subsection

1377

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

1378

unless the results of a vision test have been electronically

1379

submitted in advance by the physician or optometrist.

1380

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

1381

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

1382

electronic, or telephonic means without reexamination to drivers

1383

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

1384

6-year renewals using a convenience service when the applicant

1385

has satisfied the requirements of subsection (5).

1386

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

1387

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

1388

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

1389

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

1390

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

1391

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

1392

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

1393

322.21 to the department using a convenience service by mail,

1394

electronically, or telephonically within the 30 days preceding

1395

the licensee's birthday for a license extension. License

1396

extensions shall not be available to drivers directed to appear

1397

for in-person renewal.

1398

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

1399

payment of the required fees, and upon determining that the

1400

licensee is still eligible for renewal, the department shall send

1401

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

1402

expiring license as evidence that the license term has been

1403

extended.

1404

1405

convenience service license extensions for two consecutive

1406

license expirations only. Upon expiration of two consecutive

1407

license extension periods, in-person renewal with reexamination

1408

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

1409

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

1410

day temporary driving permit without reexamination. At the end of

1411

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

1412

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

1413

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

1414

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

1415

be available to drivers whose records indicate they were directed

1416

to apply for a license extension.

1417

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

1418

stolen, fictitious, counterfeit, or unlawfully issued license

1419

extension sticker, unless possession by such person has been duly

1420

authorized by the department, commits a misdemeanor of the second

1421

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

1422

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

1423

equitable distribution of license extensions and renewals and the

1424

orderly implementation of this section.

1425

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

1426

renewal extension shall include language permitting a voluntary

1427

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

1428

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

1429

organization, to prevent blindness and preserve the sight of the

1430

residents of this state. A statement providing an explanation of

1431

the purpose of the funds shall be included with the application

1432

form.

1433

(b) Prior to the department distributing the funds

1434

collected pursuant to paragraph (a), Prevent Blindness Florida

1435

must submit a report to the department that identifies how such

1436

funds were used during the preceding year.

1437

Section 33. Subsection (4) of section 322.181, Florida

1438

Statutes, is repealed.

1439

Section 34. Subsections (2) and (4) of section 322.19,

1440

Florida Statutes, are amended to read:

1441

322.19 Change of address or name.--

1442

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

1443

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

1444

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

1445

either obtain a replacement license that reflects the change or

1446

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

1447

request to the department must include the old and new addresses

1448

and the driver's license number.

1449

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

1450

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

1451

using an identification document authorized under s.

1452

322.08(2)(c)7.6. or 8.7., the licensee may not change his or her

1453

name or address except in person and upon submission of an

1454

identification document authorized under s. 322.08(2)(c)7.6. or

1455

8.7.

1456

Section 35. Subsection (1) of section 322.21, Florida

1457

Statutes, is amended to read:

1458

322.21 License fees; procedure for handling and collecting

1459

fees.--

1460

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

1461

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

1462

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

1463

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

1464

training and is applying for employment or is currently employed

1465

in a public or nonpublic school system that requires the

1466

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

1467

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

1468

renewal made not more than 12 months after the license expiration

1469

date.

1470

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

1471

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

1472

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

1473

applying for employment or is currently employed in a public or

1474

nonpublic school system that requires a commercial driver

1475

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

1476

1477

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

1478

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

1479

or extension made not more than 12 months after the license

1480

expiration date. The fee provided in this paragraph shall include

1481

the fee for driver's education provided by s. 1003.48.

1482

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

1483

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

1484

education provided by s. 1003.48.

1485

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

1486

322.17 is $10. Of this amount $7 shall be deposited into the

1487

Highway Safety Operating Trust Fund and $3 shall be deposited

1488

into the General Revenue Fund.

1489

(f) An original, renewal, or replacement identification

1490

card issued pursuant to s. 322.051 is $10. Funds collected from

1491

these fees shall be distributed as follows:

1492

1. For an original identification card issued pursuant to

1493

s. 322.051 the fee shall be $10. This amount shall be deposited

1494

into the General Revenue Fund.

1495

2. For a renewal identification card issued pursuant to s.

1496

322.051 the fee shall be $10. Of this amount, $6 shall be

1497

deposited into the Highway Safety Operating Trust Fund and $4

1498

shall be deposited into the General Revenue Fund.

1499

3. For a replacement identification card issued pursuant to

1500

s. 322.051 the fee shall be $10. Of this amount, $9 shall be

1501

deposited into the Highway Safety Operating Trust Fund and $1

1502

shall be deposited into the General Revenue Fund.

1503

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

1504

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

1505

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

1506

reflect the cost of the required criminal history check,

1507

including the cost of the state and federal fingerprint check,

1508

and the cost to the department of providing and issuing the

1509

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

1510

deposited in the Highway Safety Operating Trust Fund. The

1511

department may adopt rules to administer this section.

1512

Section 36. Subsection (3) of section 322.2715, Florida

1513

Statutes is amended to read:

1514

322.2715 Ignition interlock device.--

1515

(3) If the person is convicted of:

1516

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

1517

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

1518

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

1519

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

1520

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

1521

age, the person shall have the ignition interlock device

1522

installed for not less than 6 continuous months for the first

1523

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

1524

second offense.

1525

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

1526

ignition interlock device shall be installed for a period of not

1527

less than 1 continuous year.

1528

1529

occurs within 10 years after a prior conviction for a violation

1530

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

1531

for a period of not less than 2 continuous years.

1532

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

1533

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

1534

the ignition interlock device shall be installed for a period of

1535

not less than 2 continuous years.

1536

Section 37. Section 322.291, Florida Statutes is amended to

1537

read:

1538

322.291 Driver improvement schools or DUI programs;

1539

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

1540

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

1541

(1) Whose driving privilege has been revoked:

1542

(a) Upon conviction for:

1543

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

1544

vehicle while under the influence of alcoholic beverages, any

1545

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

1546

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

1547

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

1548

3. Manslaughter resulting from the operation of a motor

1549

vehicle;

1550

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

1551

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

1552

resulting in the death or personal injury of another;

1553

5. Reckless driving; or

1554

(b) As a an habitual offender;

1555

1556

the seriousness of the offense and the circumstances surrounding

1557

the conviction warrant the revocation of the licensee's driving

1558

privilege; or

1559

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

1560

suspended for driving with an unlawful blood-alcohol level of

1561

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

1562

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

1563

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

1564

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

1565

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

1566

1567

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

1568

the department proof of enrollment in a department-approved

1569

advanced driver improvement course operating pursuant to s.

1570

318.1451 or a substance abuse education course conducted by a DUI

1571

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

1572

psychosocial evaluation and treatment, if referred. Additionally,

1573

for a third or subsequent violation of requirements for

1574

installation of an ignition interlock device, a person must

1575

complete treatment as determined by a licensed treatment agency

1576

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

1577

the ignition interlock device requirement extended by at least 1

1578

month up to the time period required to complete treatment. If

1579

the person fails to complete such course or evaluation within 90

1580

days after reinstatement, or subsequently fails to complete

1581

treatment, if referred, the DUI program shall notify the

1582

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

1583

department shall cancel the offender's driving privilege,

1584

notwithstanding the expiration of the suspension or revocation of

1585

the driving privilege. The department may temporarily reinstate

1586

the driving privilege upon verification from the DUI program that

1587

the offender has completed the education course and evaluation

1588

requirement and has reentered and is currently participating in

1589

treatment. If the DUI program notifies the department of the

1590

second failure to complete treatment, the department shall

1591

reinstate the driving privilege only after notice of completion

1592

of treatment from the DUI program.

1593

Section 38. Section 322.36, Florida Statutes, is amended to

1594

read:

1595

322.36 Permitting unauthorized operator to drive.--A No

1596

person may not shall authorize or knowingly permit a motor

1597

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

1598

control to be operated upon any highway or public street except

1599

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

1600

vehicle vehicles under the provisions of this chapter. Any person

1601

who violates violating this section commits provision is guilty

1602

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

1603

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

1604

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

1605

suspended and if that vehicle is involved in an accident

1606

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

1607

person violating this section shall be suspended for 1 year.

1608

Section 39. Section 322.60, Florida Statutes, is repealed.

1609

Section 40. Subsections (1) through (6) of section 322.61,

1610

Florida Statutes, are amended to read:

1611

322.61 Disqualification from operating a commercial motor

1612

vehicle.--

1613

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

1614

period, is convicted of two of the following serious traffic

1615

violations or any combination thereof, arising in separate

1616

incidents committed in a commercial motor vehicle shall, in

1617

addition to any other applicable penalties, be disqualified from

1618

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

1619

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

1620

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

1621

following serious traffic violations, or any combination thereof,

1622

arising in separate incidents committed in a noncommercial motor

1623

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

1624

disqualified from operating a commercial motor vehicle for a

1625

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

1626

revocation, or cancellation of the licenseholder's driving

1627

privilege:

1628

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

1629

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

1630

violation, or a vehicle equipment violation, arising in

1631

connection with a crash resulting in death or personal injury to

1632

any person;

1633

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

1634

1635

(d) Fleeing or attempting to elude a law enforcement

1636

officer, as defined in s. 316.1935;

1637

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

1638

posted speed limit;

1639

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

1640

person, which is not properly insured;

1641

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

1642

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

1643

(i) Driving a commercial vehicle without obtaining a

1644

commercial driver's license;

1645

(j) Driving a commercial vehicle without the proper class

1646

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

1647

1648

(k) Driving a commercial vehicle without a commercial

1649

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

1650

individual who provides proof to the clerk of the court or

1651

designated official in the jurisdiction where the citation was

1652

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

1653

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

1654

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

1655

is not guilty of this offense.

1656

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

1657

year period, is convicted of three serious traffic violations

1658

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

1659

in separate incidents committed in a commercial motor vehicle

1660

shall, in addition to any other applicable penalties, including

1661

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

1662

disqualified from operating a commercial motor vehicle for a

1663

period of 120 days.

1664

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

1665

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

1666

three serious traffic violations specified in subsection (1) or

1667

any combination thereof arising in separate incidents committed

1668

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

1669

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

1670

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

1671

commercial motor vehicle for a period of 120 days if such

1672

convictions result in the suspension, revocation, or cancellation

1673

of the licenseholder's driving privilege.

1674

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

1675

is convicted of one of the following offenses listed in paragraph

1676

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

1677

to any other applicable penalties, be disqualified from operating

1678

a commercial motor vehicle for a period of 1 year:

1679

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

1680

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

1681

offenses listed in this paragraph while operating a noncommercial

1682

motor vehicle shall, in addition to any other applicable

1683

penalties, be disqualified from operating a commercial motor

1684

vehicle for a period of 1 year:

1685

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

1686

under the influence of alcohol or a controlled substance;

1687

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

1688

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

1689

percent or higher;

1690

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

1691

motor vehicle driven by such person;

1692

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

1693

a felony;

1694

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

1695

possession of a controlled substance;

1696

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

1697

alcohol concentration while driving a commercial motor vehicle;

1698

7.(g) Driving a commercial vehicle while the

1699

licenseholder's commercial driver's license is suspended,

1700

revoked, or canceled or while the licenseholder is disqualified

1701

from driving a commercial vehicle; or

1702

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

1703

a commercial motor vehicle.

1704

(4) Any person who is transporting hazardous materials as

1705

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

1706

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

1707

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

1708

be disqualified from operating a commercial motor vehicle for a

1709

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

1710

be in addition to any other applicable penalty.

1711

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

1712

in subsection (3) which were committed while operating a

1713

commercial motor vehicle, or any combination thereof, arising in

1714

separate incidents shall be permanently disqualified from

1715

operating a commercial motor vehicle. Any holder of a commercial

1716

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

1717

subsection (3) which were committed while operating a

1718

noncommercial motor vehicle, or any combination thereof, arising

1719

in separate incidents shall be permanently disqualified from

1720

operating a commercial motor vehicle. The penalty provided in

1721

this subsection is shall be in addition to any other applicable

1722

penalty.

1723

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

1724

person who uses a commercial motor vehicle in the commission of

1725

any felony involving the manufacture, distribution, or dispensing

1726

of a controlled substance, including possession with intent to

1727

manufacture, distribute, or dispense a controlled substance,

1728

shall, upon conviction of such felony, be permanently

1729

disqualified from operating a commercial motor vehicle.

1730

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

1731

commercial driver's license who uses a noncommercial motor

1732

vehicle in the commission of any felony involving the

1733

manufacture, distribution, or dispensing of a controlled

1734

substance, including possession with intent to manufacture,

1735

distribute, or dispense a controlled substance, shall, upon

1736

conviction of such felony, be permanently disqualified from

1737

operating a commercial motor vehicle. The penalty provided in

1738

this subsection is shall be in addition to any other applicable

1739

penalty.

1740

Section 41. Section 322.64, Florida Statutes, is amended to

1741

read:

1742

322.64 Holder of commercial driver's license; persons

1743

operating a commercial motor vehicle; driving with unlawful

1744

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

1745

test.--

1746

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

1747

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

1748

commercial motor vehicle a person who while operating or in

1749

actual physical control of a commercial motor vehicle is arrested

1750

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

1751

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

1752

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

1753

arising out of the operation or actual physical control of a

1754

commercial motor vehicle. A law enforcement officer or

1755

correctional officer shall, on behalf of the department,

1756

disqualify the holder of a commercial driver's license from

1757

operating any commercial motor vehicle if the licenseholder,

1758

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

1759

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

1760

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

1761

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

1762

disqualification of the person, the officer shall take the

1763

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

1764

permit for the operation of noncommercial vehicles only if the

1765

person is otherwise eligible for the driving privilege and shall

1766

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

1767

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

1768

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

1769

agency employing the officer shall transmit such results to the

1770

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

1771

department then determines that the person was arrested for a

1772

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

1773

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

1774

shall disqualify the person from operating a commercial motor

1775

vehicle pursuant to subsection (3).

1776

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

1777

pursuant to, and the notice of disqualification shall inform the

1778

driver of, the following:

1779

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

1780

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

1781

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

1782

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

1783

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

1784

1785

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

1786

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

1787

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

1788

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

1789

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

1790

year for a first offense or permanently disqualified if his or

1791

her driving privilege has been previously disqualified under this

1792

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

1793

alcohol level and he or she is disqualified from operating a

1794

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

1795

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

1796

been disqualified, or his or her driving privilege has been

1797

previously suspended, for a violation of s. 316.193.

1798

2. The disqualification period for operating commercial

1799

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

1800

notice of disqualification, whichever is later.

1801

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

1802

the disqualification by the department within 10 days after the

1803

date of arrest or issuance of the notice of disqualification,

1804

whichever is later.

1805

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

1806

disqualification expires will expire at midnight of the 10th day

1807

following the date of disqualification.

1808

5. The driver may submit to the department any materials

1809

relevant to the disqualification arrest.

1810

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

1811

enforcement officer shall forward to the department, within 5

1812

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

1813

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

1814

disqualification, the driver's license of the person disqualified

1815

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

1816

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

1817

person disqualified arrested was operating or in actual physical

1818

control of a commercial motor vehicle, or holds a commercial

1819

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

1820

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

1821

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

1822

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

1823

officer or correctional officer and that the person arrested

1824

refused to submit; a copy of the notice of disqualification

1825

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

1826

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

1827

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

1828

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

1829

not affect the department's ability to consider any evidence

1830

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

1831

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

1832

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

1833

(3) If the department determines that the person arrested

1834

should be disqualified from operating a commercial motor vehicle

1835

pursuant to this section and if the notice of disqualification

1836

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

1837

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

1838

the department shall issue a notice of disqualification and,

1839

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

1840

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

1841

driver is otherwise eligible.

1842

(4) If the person disqualified arrested requests an

1843

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

1844

shall conduct the informal review by a hearing officer employed

1845

by the department. Such informal review hearing shall consist

1846

solely of an examination by the department of the materials

1847

submitted by a law enforcement officer or correctional officer

1848

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

1849

officer or witness is not required.

1850

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

1851

department's decision sustaining, amending, or invalidating the

1852

disqualification must be provided to the person. Such notice must

1853

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

1854

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

1855

enforcement officer's report if such address differs from the

1856

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

1857

temporary permit issued pursuant to subsection (1) or subsection

1858

(3).

1859

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

1860

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

1861

within 30 days after such request is received by the department

1862

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

1863

hearing.

1864

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

1865

hearing officer employed by the department, and the hearing

1866

officer shall be authorized to administer oaths, examine

1867

witnesses and take testimony, receive relevant evidence, issue

1868

subpoenas for the officers and witnesses identified in documents

1869

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

1870

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

1871

department and the person disqualified arrested may subpoena

1872

witnesses, and the party requesting the presence of a witness

1873

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

1874

person who requests a formal review hearing fails to appear and

1875

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

1876

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

1877

conduct an informal review of the disqualification under

1878

subsection (4).

1879

1880

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

1881

court of the judicial circuit in which the person failing to

1882

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

1883

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

1884

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

1885

subpoena is being challenged.

1886

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

1887

review hearing, send notice to the person of the hearing

1888

officer's decision as to whether sufficient cause exists to

1889

sustain, amend, or invalidate the disqualification.

1890

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

1891

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

1892

shall determine by a preponderance of the evidence whether

1893

sufficient cause exists to sustain, amend, or invalidate the

1894

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

1895

following issues:

1896

(a) If the person was disqualified from operating a

1897

commercial motor vehicle for driving with an unlawful blood-

1898

alcohol level in violation of s. 316.193:

1899

1. Whether the arresting law enforcement officer had

1900

probable cause to believe that the person was driving or in

1901

actual physical control of a commercial motor vehicle, or any

1902

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

1903

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

1904

substances, or controlled substances in his or her body.

1905

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

1906

violation of s. 316.193.

1907

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

1908

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

1909

316.193.

1910

(b) If the person was disqualified from operating a

1911

commercial motor vehicle for refusal to submit to a breath,

1912

blood, or urine test:

1913

1. Whether the law enforcement officer had probable cause

1914

to believe that the person was driving or in actual physical

1915

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

1916

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

1917

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

1918

controlled substances in his or her body.

1919

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

1920

being requested to do so by a law enforcement officer or

1921

correctional officer.

1922

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

1923

submit to such test he or she would be disqualified from

1924

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

1925

in the case of a second refusal, permanently.

1926

(8) Based on the determination of the hearing officer

1927

pursuant to subsection (7) for both informal hearings under

1928

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

1929

department shall:

1930

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

1931

a first refusal, or permanently if such person has been

1932

previously disqualified from operating a commercial motor vehicle

1933

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

1934

disqualification period commences on the date of the arrest or

1935

issuance of the notice of disqualification, whichever is later.

1936

(b) Sustain the disqualification:

1937

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

1938

actual physical control of a commercial motor vehicle, or any

1939

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

1940

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

1941

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

1942

for a period of 1 year

1943

2. Permanently if the person has been previously

1944

disqualified from operating a commercial motor vehicle or his or

1945

her driving privilege has been previously suspended for driving

1946

or being in actual physical control of a commercial motor

1947

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

1948

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

1949

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

1950

of s. 316.193.

1951

1952

The disqualification period commences on the date of the arrest

1953

or issuance of the notice of disqualification, whichever is

1954

later.

1955

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

1956

review hearing shall not stay the disqualification. If the

1957

department fails to schedule the formal review hearing to be held

1958

within 30 days after receipt of the request therefor, the

1959

department shall invalidate the disqualification. If the

1960

scheduled hearing is continued at the department's initiative,

1961

the department shall issue a temporary driving permit limited to

1962

noncommercial vehicles which is shall be valid until the hearing

1963

is conducted if the person is otherwise eligible for the driving

1964

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

1965

and obtained a continuance of the hearing. The permit issued

1966

under this subsection shall authorize driving for business

1967

purposes or employment use only.

1968

(10) A person who is disqualified from operating a

1969

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

1970

is eligible for issuance of a license for business or employment

1971

purposes only under s. 322.271 if the person is otherwise

1972

eligible for the driving privilege. However, such business or

1973

employment purposes license shall not authorize the driver to

1974

operate a commercial motor vehicle.

1975

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

1976

review of the reports of a law enforcement officer or a

1977

correctional officer, including documents relating to the

1978

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

1979

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

1980

driver may subpoena the officer or any person who administered or

1981

analyzed a breath or blood test.

1982

(12) The formal review hearing and the informal review

1983

hearing are exempt from the provisions of chapter 120. The

1984

department is authorized to adopt rules for the conduct of

1985

reviews under this section.

1986

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

1987

sustaining the disqualification from operating a commercial motor

1988

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

1989

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

1990

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

1991

appeal shall not stay the disqualification. This subsection shall

1992

not be construed to provide for a de novo appeal.

1993

(14) The decision of the department under this section

1994

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

1995

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

1996

submitted by a person in his or her request for departmental

1997

review under this section be admissible into evidence against him

1998

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

1999

proceedings shall not affect a disqualification imposed pursuant

2000

to this section.

2001

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

2002

driving privilege pursuant to s. 322.2615. The driving privilege

2003

of a person who has been disqualified from operating a commercial

2004

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

2005

316.193.

2006

Section 42. Subsection (10) of section 324.021, Florida

2007

Statutes, is amended to read:

2008

324.021 Definitions; minimum insurance required.--The

2009

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

2010

the purpose of this chapter, have the meanings respectively

2011

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

2012

the context clearly indicates a different meaning:

2013

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

2014

become final by expiration without appeal of the time within

2015

which an appeal might have been perfected, or by final

2016

affirmation on appeal, rendered by a court of competent

2017

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

2018

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

2019

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

2020

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

2021

for damages because of injury to or destruction of property,

2022

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

2023

an agreement of settlement for such damage.

2024

Section 43. Subsection (19) of section 501.976, Florida

2025

Statutes, is amended to read:

2026

501.976 Actionable, unfair, or deceptive acts or

2027

practices.--It is an unfair or deceptive act or practice,

2028

actionable under the Florida Deceptive and Unfair Trade Practices

2029

Act, for a dealer to:

2030

(19) Fail to disclose damage to a new motor vehicle, as

2031

defined in s. 319.001(9)(8), of which the dealer had actual

2032

knowledge, if the dealer's actual cost of repairs exceeds the

2033

threshold amount, excluding replacement items.

2034

2035

In any civil litigation resulting from a violation of this

2036

section, when evaluating the reasonableness of an award of

2037

attorney's fees to a private person, the trial court shall

2038

consider the amount of actual damages in relation to the time

2039

spent.

2040

Section 44. (1) The Automobile Lenders Industry Task Force

2041

is created within the Department of Highway Safety and Motor

2042

Vehicles. The task force shall make recommendations on proposed

2043

legislation and proposed department rules, shall present issues

2044

concerning the motor vehicle lending industry to the department

2045

for its consideration, shall consider any matters relating to the

2046

motor vehicle lending industry which are presented to it by the

2047

department, and shall submit a final report, including

2048

legislative proposals to the Governor, the President of the

2049

Senate, the Speaker of the House of Representatives, and

2050

appropriate committees within the Legislature by June 30, 2009,

2051

when the task force shall cease to exist.

2052

(2) The task force shall be composed of 12 members

2053

appointed by each of the following organizations: one

2054

representative of the Department of Highway Safety and Motor

2055

Vehicles; one representative of the independent motor vehicle

2056

industry, appointed by the Florida Independent Automobile Dealers

2057

Association; one representative of the franchise motor vehicle

2058

industry, appointed by the Florida Automobile Dealers

2059

Association; one representative of credit unions, appointed by

2060

the Florida Credit Union League; one representative of the

2061

banking industry, appointed by the Florida Bankers Association;

2062

one representative of the insurance industry, appointed by the

2063

Florida Insurance Council; one state attorney, appointed by the

2064

Florida State Attorneys Association; one representative of the

2065

Office of Financial Regulation of the Department of Financial

2066

Services; one representative of a law enforcement agency,

2067

appointed by the Florida Auto Theft Intelligence Unit; one

2068

representative of the auto repair industry, appointed by the

2069

Florida Automotive Services Association; one representative of

2070

the towing industry, appointed by the Professional Wrecker

2071

Operators of Florida; and one representative of independent motor

2072

vehicle finance companies, appointed by the Florida Financial

2073

Services Association.

2074

(3)(a) The task force shall elect a chair and vice chair at

2075

its initial meeting, which shall be held by October 1, 2008.

2076

(b) The task force shall meet at least four times in

2077

different areas of the state, including one meeting in

2078

Tallahassee. Meetings may be called by the chair or by a simple

2079

majority of the members. The task force shall conduct all

2080

meetings pursuant to general law and shall keep minutes of its

2081

meetings. Meetings may be held in locations around the state in

2082

department facilities or in other appropriate locations. The

2083

department shall provide administrative support to the task

2084

force.

2085

(4) Members from the private sector are not entitled to per

2086

diem or reimbursement for travel expenses. However, members from

2087

the public sector are entitled to reimbursement, if any, from

2088

their respective agency. The task force may request assistance

2089

from the Department of Highway Safety and Motor Vehicles as

2090

necessary.

2091

Section 45. Except for a specialty license plate proposal

2092

which has submitted a letter of intent to the Department of

2093

Highway Safety and Motor Vehicles prior to May 2, 2008, and which

2094

has submitted a valid survey, marketing strategy, and application

2095

fee as required by s. 320.08053, Florida Statutes, prior to the

2096

effective date of this act, or which was included in a bill filed

2097

during the 2008 Legislative Session, the Department of Highway

2098

Safety and Motor Vehicles may not issue any new specialty license

2099

plates pursuant to ss. 320.08056 and 320.08058, Florida Statutes,

2100

between July 1, 2008, and July 1, 2011.

2101

Section 46. Joseph P. Bertrand Building designated;

2102

Department of Highway Safety and Motor Vehicles to erect suitable

2103

markers.--

2104

(1) The Regional Transportation Management Center in the

2105

City of Fort Myers in Lee County is designated the "Joseph P.

2106

Bertrand Building."

2107

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

2108

directed to erect suitable markers designating the "Joseph P.

2109

Bertrand Building" as described in subsection (1).

2110

Section 47. Except as otherwise expressly provided in this

2111

act and except for this section, which shall take effect upon

2112

this act becoming a law, this act shall take effect October 1,

2113

2008.

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