Florida Senate - 2008 CS for SB 2220

By the Committees on Transportation; Transportation

596-05226-08 20082220c1

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A bill to be entitled

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An act relating to a review of the Department of Highway

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Safety and Motor Vehicles under the Florida Government

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Accountability Act; reenacting and amending s. 20.24,

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F.S., relating to the establishment of the department;

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eliminating an obsolete reference to the Bureau of Motor

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Vehicle Inspection; amending s. 322.01, F.S.; defining the

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term "convenience service"; amending s. 322.02, F.S.;

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requiring the department to collect and report to the

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Legislature information concerning customer service at

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driver's license offices; amending s. 322.03, F.S.;

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deleting provisions exempting certain persons from the

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requirement to surrender a license issued by another

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jurisdiction; providing certain exceptions for part-time

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

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requiring that an applicant for an identification card or

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driver's license provide additional information;

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authorizing use of additional documents to prove identity;

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revising the fee requirements; revising provisions

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providing for the expiration of an identification card

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issued by the department; deleting provisions authorizing

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a voluntary contribution; amending s. 322.135, F.S.;

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increasing the amount of the service fee that may be

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charged by driver's license agents; amending s. 322.14,

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F.S.; requiring that an applicant for a driver's license

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provide a residence address; amending s. 322.17, F.S.;

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revising the requirements for obtaining a replacement

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license or permit; deleting provisions authorizing the

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department to issue address stickers; amending s. 322.18,

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F.S.; revising provisions providing for the expiration of

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driver's licenses; providing for the renewal of certain

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licenses every 8 years and for the renewal of licenses for

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persons older than a specified age every 6 years;

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providing for the renewal of licenses using a convenience

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service; requiring the department to issue new licenses

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rather than extension stickers; conforming cross-

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references; repealing s. 322.181(4), F.S.; relating to the

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Florida At-Risk Driver Council; amending s. 322.19, F.S.;

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deleting provisions authorizing the use of a change-of-

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address sticker on a driver's license; conforming cross-

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references; amending s. 322.21, F.S.; increasing the fees

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charged for obtaining a new or renewal driver's license or

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identification card; specifying that a portion of the fees

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be deposited for use by the department; repealing s.

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

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more than one driver's license under certain

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circumstances; providing an effective date.

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     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

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Government Accountability Act, subjects the Department of  

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Highway Safety and Motor Vehicles and its respective advisory

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committees to a sunset review process in order to determine

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whether the agency should be retained, modified, or abolished,

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and

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     WHEREAS, the Department of Highway Safety and Motor

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Vehicles produced a report providing specific information, as

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enumerated in s. 11.906, Florida Statutes, and

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     WHEREAS, upon receipt of the report, the Joint Legislative

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Sunset Committee and committees of the Senate and the House of

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Representatives assigned to act as sunset review committees

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reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

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     WHEREAS, based on the department's report, studies of the

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Office of Program Policy Analysis and Government

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Accountability, and public input, the Joint Legislative Sunset

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Committee and legislative sunset review committees made

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recommendations on the abolition, continuation, or

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reorganization of the Department of Highway Safety and Motor

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Vehicles and its advisory committees; on the need for the

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functions performed by the agency and its advisory committees;

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and on the consolidation, transfer, or reorganization of

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programs within the Department of Highway Safety and Motor

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Vehicles, and

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     WHEREAS, this Legislature wishes to retain the Department

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of Highway Safety and Motor Vehicles and continue the Florida

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Highway Patrol Advisory Council, the Automobile Dealer Advisory

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Board, the DUI Programs Review Board, and the Medical Advisory

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Board, NOW, THEREFORE,

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

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     Section 1.  Section 20.24, Florida Statutes, is reenacted

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and amended to read:

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     20.24  Department of Highway Safety and Motor

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Vehicles.--There is created a Department of Highway Safety and

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Motor Vehicles.

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     (1)  The head of the Department of Highway Safety and Motor

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Vehicles is the Governor and Cabinet.

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     (2)  The following divisions, and bureaus within the

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divisions, of the Department of Highway Safety and Motor Vehicles

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are established:

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     (a)  Division of the Florida Highway Patrol.

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     (b)  Division of Driver Licenses.

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     (c)  Division of Motor Vehicles.

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     1. Bureau of Motor Vehicle Inspection.

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     Section 2.  Present subsections (10) through (54) of section

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

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

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that section, to read:

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     322.01  Definitions.--As used in this chapter:

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

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individual conducts a transaction with the department other than

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in person.

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     Section 3.  Present subsections (6) of section 322.02,

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Florida Statutes, is renumbered as subsection (7), and a new

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subsection (6) is added to that section, to read:

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     322.02  Legislative intent; administration.--

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     (6) The department shall collect and annually report to the

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legislative transportation committees information collected at

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each driver's license examination office relating to customer

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service, including, but not limited to, the average time

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customers must wait for services at each location.

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     Section 4.  Subsection (1) of section 322.03, Florida

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Statutes, is amended to read:

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     322.03  Drivers must be licensed; penalties.--

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

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

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

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provisions of this chapter.

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

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

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

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possession issued to him or her by any other jurisdiction or

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

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

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who makes a false affidavit concerning such licenses is guilty of

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

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775.082 or s. 775.083.

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

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is not required to surrender a license issued by another

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jurisdiction, upon a showing to the department that such license

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

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

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

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

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

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department to the issuing jurisdiction together with information

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

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destroyed by the department, which shall notify the issuing

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

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one valid Florida driver's license at any time.

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

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

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regularly scheduled renewal. Licenses that are identified as

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

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

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     Section 5.  Subsections (1) and (2) of section 322.051,

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Florida Statutes, are amended to read:

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     322.051  Identification cards.--

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

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

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

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identification card by the department upon completion of an

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application and payment of an application fee.

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     (a)  Each such application shall include the following

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information regarding the applicant:

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

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proof of social security card number satisfactory to the

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

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residential address satisfactory to the department, country of

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birth, and a brief description.

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     2.  Proof of birth date satisfactory to the department.

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     3.  Proof of identity satisfactory to the department. Such

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proof must include one of the following documents issued to the

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applicant:

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

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from another jurisdiction that required the applicant to submit a

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document for identification which is substantially similar to a

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

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

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

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

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     c. A valid, unexpired United States passport;

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     d.  A naturalization certificate issued by the United States

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Department of Homeland Security;

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     e. A valid, unexpired An alien registration receipt card

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(green card);

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     f. Consular Report of Birth Abroad provided by the United

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States Department of State;

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     g.f. An unexpired employment authorization card issued by

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the United States Department of Homeland Security; or

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     h.g. Proof of nonimmigrant classification provided by the

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United States Department of Homeland Security, for an original

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identification card. In order to prove such nonimmigrant

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classification, applicants may produce but are not limited to the

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following documents:

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     (I)  A notice of hearing from an immigration court

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scheduling a hearing on any proceeding.

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     (II)  A notice from the Board of Immigration Appeals

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acknowledging pendency of an appeal.

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     (III)  Notice of the approval of an application for

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adjustment of status issued by the United States Bureau of

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Citizenship and Immigration Services.

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     (IV)  Any official documentation confirming the filing of a

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petition for asylum or refugee status or any other relief issued

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by the United States Bureau of Citizenship and Immigration

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Services.

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     (V)  Notice of action transferring any pending matter from

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another jurisdiction to Florida, issued by the United States

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Bureau of Citizenship and Immigration Services.

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     (VI)  Order of an immigration judge or immigration officer

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

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the United States including, but not limited to asylum.

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     (VII)  Evidence that an application is pending for

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adjustment of status to that of an alien lawfully admitted for

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permanent residence in the United States or conditional permanent

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

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available having a current priority date for processing by the

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United States Bureau of Citizenship and Immigration Services.

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Presentation of any of the documents described in sub-

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

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applicant to an identification card for a period not to exceed

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the expiration date of the document presented or 1 year,

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whichever first occurs.

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     (b)  An application for an identification card must be

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signed and verified by the applicant in a format designated by

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the department before a person authorized to administer oaths and

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

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

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photograph or digital image of the applicant.

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     (c)  Each such applicant may include fingerprints and any

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other unique biometric means of identity.

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     (2)(a) Every identification card:

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

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

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the applicant following the date of original issue.

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

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

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applicant following the date of original issue.

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Renewal of an identification card shall be made for the

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applicable term enumerated in this paragraph. However, if an

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

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

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

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cardholder. Renewal of any identification card shall be made for

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

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following expiration of the identification card renewed, unless

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surrendered earlier. Any application for renewal received later

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than 90 days after expiration of the identification card shall be

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considered the same as an application for an original

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identification card. The renewal fee for an identification card

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

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

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

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the issuance or renewal of an identification card, destroy any

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

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unless the cardholder is 60 years of age or older.

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

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an applicant establishes his or her identity for an

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identification card using a document authorized under sub-

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

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the eighth fourth birthday of the applicant following the date of

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original issue or upon first renewal or duplicate issued after

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implementation of this section. After an initial showing of such

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

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obtain a duplicate in person.

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     (c)  Notwithstanding any other provisions of this chapter,

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if an applicant establishes his or her identity for an

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identification card using an identification document authorized

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

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

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

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date cited on the United States Department of Homeland Security

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

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obtain a duplicate except in person.

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     Section 6.  Subsections (1), (2), and (6) of section 322.08,

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Florida Statutes, are amended to read:

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     322.08  Application for license.--

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

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

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

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application.

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     (2)  Each such application shall include the following

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information regarding the applicant:

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

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proof of social security card number satisfactory to the

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

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residential address satisfactory to the department, country of

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birth, and a brief description.

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

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

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proof must include one of the following documents issued to the

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applicant:

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

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from another jurisdiction that required the applicant to submit a

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document for identification which is substantially similar to a

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document required under subparagraph 2., subparagraph 3.,

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

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subparagraph 7., or subparagraph 8.;

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

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     3. A valid, unexpired United States passport;

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     4.  A naturalization certificate issued by the United States

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Department of Homeland Security;

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     5. A valid, unexpired An alien registration receipt card

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(green card);

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     6. Consular Report of Birth Abroad provided by the United

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States Department of State;

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7.6. An unexpired employment authorization card issued by

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the United States Department of Homeland Security; or

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     8.7. Proof of nonimmigrant classification provided by the

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United States Department of Homeland Security, for an original

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

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an applicant may produce the following documents, including, but

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not limited to:

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     a.  A notice of hearing from an immigration court scheduling

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a hearing on any proceeding.

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     b.  A notice from the Board of Immigration Appeals

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acknowledging pendency of an appeal.

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     c.  A notice of the approval of an application for

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adjustment of status issued by the United States Bureau of

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Citizenship and Immigration Services.

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     d.  Any official documentation confirming the filing of a

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petition for asylum or refugee status or any other relief issued

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by the United States Bureau of Citizenship and Immigration

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Services.

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     e.  A notice of action transferring any pending matter from

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another jurisdiction to this state issued by the United States

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Bureau of Citizenship and Immigration Services.

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     f.  An order of an immigration judge or immigration officer

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

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

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     g.  Evidence that an application is pending for adjustment

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of status to that of an alien lawfully admitted for permanent

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residence in the United States or conditional permanent resident

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

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a current priority date for processing by the United States

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Bureau of Citizenship and Immigration Services.

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

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

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or temporary permit for a period not to exceed the expiration

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

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     (d)  Whether the applicant has previously been licensed to

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

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license or driving privilege has ever been disqualified, revoked,

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

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

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suspension, revocation, or refusal.

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     (e)  Each such application may include fingerprints and

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other unique biometric means of identity.

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

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duplicate thereof shall include language permitting the

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following:

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

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contribution shall be transferred into the Election Campaign

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Financing Trust Fund.

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

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contribution shall be deposited into the Florida Organ and Tissue

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Donor Education and Procurement Trust Fund for organ and tissue

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donor education and for maintaining the organ and tissue donor

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registry.

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

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contribution shall be distributed to the Florida Council of the

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Blind.

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

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shall be distributed to the Hearing Research Institute,

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Incorporated.

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

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shall be distributed to the Juvenile Diabetes Foundation

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International.

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

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

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A statement providing an explanation of the purpose of the trust

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

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service charge provided in s. 215.20, contributions received

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

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

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     Section 7.  Paragraph (c) of subsection (1) of section

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322.135, Florida Statutes, is amended to read:

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     322.135  Driver's license agents.--

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     (1)  The department may, upon application, authorize any or

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all of the tax collectors in the several counties of the state,

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subject to the requirements of law, in accordance with rules of

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the department, to serve as its agent for the provision of

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specified driver's license services.

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     (c) A fee of up to $10.50 may $5.25 is to be charged, in

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addition to the fees set forth in this chapter, for any driver's

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license issued or renewed by a tax collector.

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     Section 8.  Paragraph (a) of subsection (1) of section

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322.14, Florida Statutes, is amended to read:

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     322.14  Licenses issued to drivers.--

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

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all required examinations and payment of the required fee, issue

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

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applied for, which license shall bear thereon a color photograph

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

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distinguishing number assigned to the licensee; and the

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

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

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

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

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

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

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licensee except that the signature of said licensee shall not be

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

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

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

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

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color photographic or digital imaged driver's license pursuant to

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s. 322.142.

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     Section 9.  Section 322.17, Florida Statutes, is amended to

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read:

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     322.17 Replacement licenses and permits Duplicate and

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replacement certificates.--

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

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license issued under the provisions of this chapter is lost or

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

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

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a replacement duplicate, or substitute thereof, upon furnishing

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proof satisfactory to the department that such permit or license

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

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

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satisfactory to the department, and proof of identity

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

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this paragraph shall go to the Highway Safety Operating Trust

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Fund of the department.

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

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license issued under the provisions of this chapter is stolen,

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

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a replacement duplicate, or substitute thereof, upon furnishing

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proof satisfactory to the department that such permit or license

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

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sex, residence and mailing address, proof of birth satisfactory

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to the department, and proof of identity satisfactory to the

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department.

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

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

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replacement fee, the department shall issue a replacement license

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

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

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

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

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

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subsection shall go to the Highway Safety Operating Trust Fund of

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the department.

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     (3)  Notwithstanding any other provisions of this chapter,

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

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license using an identification document authorized under s.

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

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not obtain a duplicate or replacement instruction permit or

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

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

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

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     Section 10.  Section 322.18, Florida Statutes, is amended to

448

read:

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     322.18  Original applications, licenses, and renewals;

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expiration of licenses; delinquent licenses.--

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

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

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successfully passes the required examinations and presents the

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application to the department.

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

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examination requirement if the applicant is otherwise qualified

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and surrenders a valid license issued by another state, a

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

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

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

461

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

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driver's license, as follows:

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

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

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

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

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

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

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

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

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issue.

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

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applying for a renewal issuance or renewal extension shall be

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

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

476

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

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being renewed, except that a driver whose driving record reflects

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no convictions for the preceding 3 years shall be issued a

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driver's license or renewal extension sticker which expires at

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

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

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

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

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

485

after the month of expiration of the license being renewed.

486

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

487

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

488

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

489

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

490

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

491

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

492

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

493

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

494

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

495

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

496

years after the date of issuance or upon the expiration date

497

cited on the United States Department of Homeland Security

498

documents, whichever date first occurs.

499

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

500

applicant applying for an original or renewal issuance of a

501

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

502

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

503

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

504

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

505

of expiration of the license being issued or renewed.

506

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

507

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

508

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

509

delinquent fee.

510

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

511

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

512

upon the terms of issuance and shall be issued or renewed

513

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

514

322.21, and successful passage of any required examination,

515

unless the department has reason to believe that the licensee is

516

no longer qualified to receive a license.

517

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

518

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

519

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

520

license, upon an initial showing of such documentation, is

521

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

522

unless the renewal or duplication coincides with the periodic

523

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

524

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

525

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

526

using an identification document authorized under s.

527

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

528

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

529

submission of an identification document authorized under s.

530

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

531

renewed under this paragraph expires 1 year 4 years after the

532

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

533

States Department of Homeland Security documents, whichever date

534

first occurs.

535

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

536

applicant licensee has been determined to be eligible by the

537

department.

538

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

539

who is at least 80 over 79 years of age:

540

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

541

any driver's license office; or

542

     2. If the licensee applies for a renewal using a

543

convenience service an extension by mail as provided in

544

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

545

administered by a physician licensed under chapter 458 or chapter

546

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

547

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

548

the department and signed by such health care practitioner, and

549

must meet vision standards that are equivalent to the standards

550

for passing the departmental vision test. The physician or

551

optometrist may submit the results of a vision test by a

552

department-approved electronic means.

553

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

554

not submit an application for renewal extension under subsection

555

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

556

unless the results of a vision test have been electronically

557

submitted in advance by the physician or optometrist.

558

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

559

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

560

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

561

on a form prepared and furnished by the department. The

562

department shall make such forms available to the various

563

examining offices throughout the state. Upon receipt of such

564

application, the department shall issue a license or temporary

565

permit to the applicant or shall advise the applicant that no

566

license or temporary permit will be issued and advise the

567

applicant of the reason for his or her ineligibility.

568

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

569

time within 12 months after the expiration date, with

570

reexamination, if required, upon payment of the required

571

delinquent fee or taking and passing the written examination. If

572

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

573

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

574

renewal period shall be extended to midnight of the next regular

575

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

576

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

577

qualified to receive a license.

578

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

579

privilege is under suspension or revocation.

580

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

581

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

582

electronic, or telephonic means without reexamination to drivers

583

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

584

6-year renewals using a convenience service when the applicant

585

has satisfied the requirements of subsection (5).

586

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

587

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

588

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

589

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

590

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

591

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

592

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

593

322.21 to the department using a convenience service by mail,

594

electronically, or telephonically within the 30 days preceding

595

the licensee's birthday for a license extension. License

596

extensions shall not be available to drivers directed to appear

597

for in-person renewal.

598

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

599

payment of the required fees, and upon determining that the

600

licensee is still eligible for renewal, the department shall send

601

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

602

expiring license as evidence that the license term has been

603

extended.

604

     (c) The department shall issue one renewal using a

605

convenience service license extensions for two consecutive

606

license expirations only. Upon expiration of two consecutive

607

license extension periods, in-person renewal with reexamination

608

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

609

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

610

day temporary driving permit without reexamination. At the end of

611

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

612

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

613

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

614

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

615

be available to drivers whose records indicate they were directed

616

to apply for a license extension.

617

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

618

stolen, fictitious, counterfeit, or unlawfully issued license

619

extension sticker, unless possession by such person has been duly

620

authorized by the department, commits a misdemeanor of the second

621

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

622

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

623

equitable distribution of license extensions and renewals and the

624

orderly implementation of this section.

625

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

626

renewal extension shall include language permitting a voluntary

627

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

628

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

629

organization, to prevent blindness and preserve the sight of the

630

residents of this state. A statement providing an explanation of

631

the purpose of the funds shall be included with the application

632

form.

633

     (b)  Prior to the department distributing the funds

634

collected pursuant to paragraph (a), Prevent Blindness Florida

635

must submit a report to the department that identifies how such

636

funds were used during the preceding year.

637

     Section 11. Subsection (4) of section 322.181, Florida

638

Statutes, is repealed.

639

     Section 12.  Subsections (2) and (4) of section 322.19,

640

Florida Statutes, are amended to read:

641

     322.19  Change of address or name.--

642

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

643

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

644

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

645

either obtain a replacement license that reflects the change or

646

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

647

request to the department must include the old and new addresses

648

and the driver's license number.

649

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

650

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

651

using an identification document authorized under s.

652

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

653

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

654

submission of an identification document authorized under s.

655

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

656

     Section 13.  Subsection (1) of section 322.21, Florida

657

Statutes, is amended to read:

658

     322.21  License fees; procedure for handling and collecting

659

fees.--

660

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

661

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

662

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

663

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

664

training and is applying for employment or is currently employed

665

in a public or nonpublic school system that requires the

666

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

667

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

668

renewal made not more than 12 months after the license expiration

669

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

670

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

671

Highway Safety Operating Trust Fund for the general operations of

672

the department.

673

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

674

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

675

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

676

applying for employment or is currently employed in a public or

677

nonpublic school system that requires a commercial driver

678

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

679

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

680

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

681

Operating Trust Fund for the general operations of the

682

department.

683

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

684

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

685

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

686

or extension made not more than 12 months after the license

687

expiration date. The fee provided in this paragraph shall include

688

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

689

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

690

remaining $5 shall be deposited into the Highway Safety Operating

691

Trust Fund for the general operations of the department.

692

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

693

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

694

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

695

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

696

be deposited into the Highway Safety Operating Trust Fund for the

697

general operations of the department.

698

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

699

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

700

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

701

the Highway Safety Operating Trust Fund for the general

702

operations of the department.

703

     (f) An original or renewal identification card issued

704

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

705

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

706

be deposited in the Highway Safety Operating Trust Fund for the

707

general operations of the department.

708

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

709

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

710

The remaining $2 shall be deposited into the Highway Safety

711

Operating Trust Fund for the general operations of the

712

department.

713

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

714

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

715

reflect the cost of the required criminal history check,

716

including the cost of the state and federal fingerprint check,

717

and the cost to the department of providing and issuing the

718

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

719

deposited in the Highway Safety Operating Trust Fund. The

720

department may adopt rules to administer this section.

721

     Section 14. Section 322.60, Florida Statutes, is repealed.

722

     Section 15.  This act shall take effect upon becoming a law.

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