Amendment
Bill No. HB 5067

Amendment No. 790847

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 5067 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (c) of subsection (3) of section
6	17.61, Florida Statutes, is amended to read:
7	17.61  Chief Financial Officer; powers and duties in the
8	investment of certain funds.--
9	(3)
10	(c)  Except as provided in this paragraph and except for
11	moneys described in paragraph (d), the following agencies shall
12	not invest trust fund moneys as provided in this section, but
13	shall retain such moneys in their respective trust funds for
14	investment, with interest appropriated to the General Revenue
15	Fund, pursuant to s. 17.57:
16	1.  The Agency for Health Care Administration, except for
17	the Tobacco Settlement Trust Fund.
18	2.  The Agency for Persons with Disabilities, except for:
19	a.  The Federal Grants Trust Fund.
20	b.  The Tobacco Settlement Trust Fund.
21	3.  The Department of Children and Family Services, except
22	for:
23	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
24	b.  The Refugee Assistance Trust Fund.
25	c.  The Social Services Block Grant Trust Fund.
26	d.  The Tobacco Settlement Trust Fund.
27	e.  The Working Capital Trust Fund.
28	4.  The Department of Community Affairs, only for the
29	Operating Trust Fund.
30	5.  The Department of Corrections.
31	6.  The Department of Elderly Affairs, except for:
32	a.  The Federal Grants Trust Fund.
33	b.  The Tobacco Settlement Trust Fund.
34	7.  The Department of Health, except for:
35	a.  The Federal Grants Trust Fund.
36	b.  The Grants and Donations Trust Fund.
37	c.  The Maternal and Child Health Block Grant Trust Fund.
38	d.  The Tobacco Settlement Trust Fund.
39	8.  The Department of Highway Safety and Motor Vehicles,
40	only for:
41	a.  The DUI Programs Coordination Trust Fund.
42	b.  the Security Deposits Trust Fund.
43	9.  The Department of Juvenile Justice.
44	10.  The Department of Law Enforcement.
45	11.  The Department of Legal Affairs.
46	12.  The Department of State, only for:
47	a.  The Grants and Donations Trust Fund.
48	b.  The Records Management Trust Fund.
49	13.  The Executive Office of the Governor, only for:
50	a.  The Economic Development Transportation Trust Fund.
51	b.  The Economic Development Trust Fund.
52	14.  The Florida Public Service Commission, only for the
53	Florida Public Service Regulatory Trust Fund.
54	15.  The Justice Administrative Commission.
55	16.  The state courts system.
56	Section 2.  Section 20.24, Florida Statutes, is reenacted
57	and amended to read:
58	20.24  Department of Highway Safety and Motor
59	Vehicles.--There is created a Department of Highway Safety and
60	Motor Vehicles.
61	(1)  The head of the Department of Highway Safety and Motor
62	Vehicles is the Governor and Cabinet.
63	(2)  The following divisions, and bureaus within the
64	divisions, of the Department of Highway Safety and Motor
65	Vehicles are established:
66	(a)  Division of the Florida Highway Patrol.
67	(b)  Division of Driver Licenses.
68	(c)  Division of Motor Vehicles.
69	1.  Bureau of Motor Vehicle Inspection.
70	Section 3.  Paragraphs (m) through (x) of subsection (4) of
71	section 215.20, Florida Statutes, as amended by section 3 of
72	chapter 2007-14, Laws of Florida, are amended to read:
73	215.20  Certain income and certain trust funds to
74	contribute to the General Revenue Fund.--
75	(4)  The income of a revenue nature deposited in the
76	following described trust funds, by whatever name designated, is
77	that from which the appropriations authorized by subsection (3)
78	shall be made:
79	(m)  Within the Department of Highway Safety and Motor
80	Vehicles, the DUI Programs Coordination Trust Fund.
81	(m)(n)  Within the Department of Legal Affairs, the Crimes
82	Compensation Trust Fund.
83	(n)(o)  Within the Department of Management Services:
84	1.  The Administrative Trust Fund.
85	2.  The Architects Incidental Trust Fund.
86	3.  The Bureau of Aircraft Trust Fund.
87	4.  The Florida Facilities Pool Working Capital Trust Fund.
88	5.  The Grants and Donations Trust Fund.
89	6.  The Police and Firefighters' Premium Tax Trust Fund.
90	7.  The Public Employees Relations Commission Trust Fund.
91	8.  The State Personnel System Trust Fund.
92	9.  The Supervision Trust Fund.
93	10.  The Working Capital Trust Fund.
94	(o)(p)  Within the Department of Revenue:
95	1.  The Additional Court Cost Clearing Trust Fund.
96	2.  The Administrative Trust Fund.
97	3.  The Certification Program Trust Fund.
98	4.  The Fuel Tax Collection Trust Fund.
99	5.  The Local Alternative Fuel User Fee Clearing Trust
100	Fund.
101	6.  The Local Option Fuel Tax Trust Fund.
102	7.  The Motor Vehicle Rental Surcharge Clearing Trust Fund.
103	8.  The Motor Vehicle Warranty Trust Fund.
104	9.  The Oil and Gas Tax Trust Fund.
105	10.  The Operations Trust Fund.
106	11.  The Severance Tax Solid Mineral Trust Fund.
107	12.  The State Alternative Fuel User Fee Clearing Trust
108	Fund.
109	13.  All taxes levied on motor fuels other than gasoline
110	levied pursuant to the provisions of s. 206.87(1)(a).
111	(p)(q)  Within the Department of State:
112	1.  The Records Management Trust Fund.
113	2.  The trust funds administered by the Division of
114	Historical Resources.
115	(q)(r)  Within the Department of Transportation, all income
116	derived from outdoor advertising and overweight violations which
117	is deposited in the State Transportation Trust Fund.
118	(r)(s)  Within the Department of Veterans' Affairs:
119	1.  The Grants and Donations Trust Fund.
120	2.  The Operations and Maintenance Trust Fund.
121	3.  The State Homes for Veterans Trust Fund.
122	(s)(t)  Within the Division of Administrative Hearings, the
123	Administrative Trust Fund.
124	(t)(u)  Within the Fish and Wildlife Conservation
125	Commission:
126	1.  The Conservation and Recreation Lands Program Trust
127	Fund.
128	2.  The Florida Panther Research and Management Trust Fund.
129	3.  The Land Acquisition Trust Fund.
130	4.  The Marine Resources Conservation Trust Fund, with the
131	exception of those fees collected for recreational saltwater
132	fishing licenses as provided in s. 372.57.
133	(u)(v)  Within the Florida Public Service Commission, the
134	Florida Public Service Regulatory Trust Fund.
135	(v)(w)  Within the Justice Administrative Commission, the
136	Indigent Criminal Defense Trust Fund.
137	(w)(x)  Within the Office of Financial Regulation of the
138	Financial Services Commission:
139	1.  The Administrative Trust Fund.
140	2.  The Anti-Fraud Trust Fund.
141	3.  The Financial Institutions' Regulatory Trust Fund.
142	4.  The Regulatory Trust Fund.
143
144	The enumeration of the foregoing moneys or trust funds shall not
145	prohibit the applicability thereto of s. 215.24 should the
146	Governor determine that for the reasons mentioned in s. 215.24
147	the money or trust funds should be exempt herefrom, as it is the
148	purpose of this law to exempt income from its force and effect
149	when, by the operation of this law, federal matching funds or
150	contributions or private grants to any trust fund would be lost
151	to the state.
152	Section 4.  Section 252.372, Florida Statutes, is amended
153	to read:
154	252.372  Imposition and collection of surcharge.--In order
155	to provide funds for emergency management, preparedness, and
156	assistance, an annual surcharge of $2 per policy shall be
157	imposed on every homeowner's, mobile home owner's, tenant
158	homeowner's, and condominium unit owner's policy, and an annual
159	$4 surcharge shall be imposed on every commercial fire,
160	commercial multiple peril, and business owner's property
161	insurance policy, issued or renewed on or after May 1, 1993. The
162	surcharge shall be paid by the policyholder to the insurer. The
163	insurer shall collect the surcharge and remit it to the
164	Department of Revenue, which shall collect, administer, audit,
165	and enforce the surcharge pursuant to s. 624.5092. The surcharge
166	is not to be considered premiums of the insurer; however,
167	nonpayment of the surcharge by the insured may be a valid reason
168	for cancellation of the policy. For those policies in which the
169	surplus lines tax and the service fee are collected and remitted
170	to the Surplus Lines Service Office, as created under s.
171	626.921, the surcharge must be remitted to the service office at
172	the same time as the surplus lines tax is remitted. All
173	penalties for failure to remit the surplus lines tax and service
174	fee are applicable for those surcharges required to be remitted
175	to the service office. The service office shall deposit all
176	surcharges that it collects into the Emergency Management,
177	Preparedness, and Assistance Trust Fund at least monthly. All
178	proceeds of the surcharge shall be deposited in the Emergency
179	Management, Preparedness, and Assistance Trust Fund and may not
180	be used to supplant existing funding.
181	Section 5.  Subsection (4) of section 290.047, Florida
182	Statutes, is amended to read:
183	290.047  Establishment of grant ceilings and maximum
184	administrative cost percentages; elimination of population bias;
185	loans in default.--
186	(4)  The department shall develop by rule grant
187	administration procurement procedures for eligible local
188	governments. The procedures established in such rule shall not
189	exceed the restrictions or requirements contained in 24 C.F.R.
190	part 85. These procedures shall include, but not be limited to,
191	the evaluation of an individual or business entity based upon
192	past performance in the administration of community development
193	block grants and based upon the type, number, and geographic
194	distribution of grants to be administered.
195	Section 6.  Subsection (2) of section 316.251, Florida
196	Statutes, is amended to read:
197	316.251  Maximum bumper heights.--
198	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
199	"antique automobiles" as defined in s. 320.08, "horseless
200	carriages" as defined in s. 320.086, and "street rods" as
201	defined in s. 320.0863 shall be excluded from the requirements
202	of this section.
203	Section 7.  Paragraph (a) of subsection (8) of section
204	318.18, Florida Statutes, is amended to read:
205	318.18  Amount of penalties.--The penalties required for a
206	noncriminal disposition pursuant to s. 318.14 or a criminal
207	offense listed in s. 318.17 are as follows:
208	(8)(a)  Any person who fails to comply with the court's
209	requirements or who fails to pay the civil penalties specified
210	in this section within the 30-day period provided for in s.
211	318.14 must pay an additional civil penalty of $16 $12, $2.50 of
212	which must be remitted to the Department of Revenue for deposit
213	in the General Revenue Fund, and $13.50 $9.50 of which must be
214	remitted to the Department of Revenue for deposit in the Highway
215	Safety Operating Trust Fund. The department shall contract with
216	the Florida Association of Court Clerks, Inc., to design,
217	establish, operate, upgrade, and maintain an automated statewide
218	Uniform Traffic Citation Accounting System to be operated by the
219	clerks of the court which shall include, but not be limited to,
220	the accounting for traffic infractions by type, a record of the
221	disposition of the citations, and an accounting system for the
222	fines assessed and the subsequent fine amounts paid to the
223	clerks of the court. On or before December 1, 2001, the clerks
224	of the court must provide the information required by this
225	chapter to be transmitted to the department by electronic
226	transmission pursuant to the contract.
227	Section 8.  Subsections (1) through (11) of section
228	319.001, Florida Statutes, are renumbered as subsections (2)
229	through (12), respectively, and a new subsection (1) is added to
230	that section to read:
231	319.001  Definitions.--As used in this chapter, the term:
232	(1)  "Certificate of title" means the record that is
233	evidence of ownership of a vehicle, whether a paper certificate
234	authorized by the department or a certificate consisting of
235	information that is stored in an electronic form in the
236	department's database.
237	Section 9.  Section 319.40, Florida Statutes, is amended to
238	read:
239	319.40  Transactions by electronic or telephonic means.--
240	(1)  The department is authorized to accept any application
241	provided for under this chapter by electronic or telephonic
242	means.
243	(2)  The department may issue an electronic certificate of
244	title in lieu of printing a paper title.
245	(3)  The department may collect and use e-mail addresses of
246	motor vehicle owners and registrants as a notification method in
247	lieu of the United States Postal Service.
248	Section 10.  Effective July 1, 2008, subsection (1) of
249	section 320.02, Florida Statutes, as amended by section 28 of
250	chapter 2006-290, Laws of Florida, is amended to read:
251	320.02  Registration required; application for
252	registration; forms.--
253	(1)  Except as otherwise provided in this chapter, every
254	owner or person in charge of a motor vehicle that is operated or
255	driven on the roads of this state shall register the vehicle in
256	this state. The owner or person in charge shall apply to the
257	department or to its authorized agent for registration of each
258	such vehicle on a form prescribed by the department. Prior to
259	the original registration of a motorcycle, motor-driven cycle,
260	or moped, the owner, if a natural person, must present proof
261	that he or she has a valid motorcycle endorsement as required in
262	chapter 322. A registration is not required for any motor
263	vehicle that is not operated on the roads of this state during
264	the registration period.
265	Section 11.  Paragraph (b) of subsection (3) of section
266	320.06, Florida Statutes, is amended to read:
267	320.06  Registration certificates, license plates, and
268	validation stickers generally.--
269	(3)
270	(b)  An additional fee of 50 cents shall be collected and
271	deposited into the Highway Safety Operating Trust Fund on each
272	motor vehicle registration or motor vehicle renewal registration
273	issued in this state in order that all license plates and
274	validation stickers be fully treated with retroreflective
275	material.
276	Section 12.  Effective upon this act becoming a law,
277	paragraph (c) of subsection (1) of section 320.08, Florida
278	Statutes is amended to read:
279	320.08  License taxes.--Except as otherwise provided
280	herein, there are hereby levied and imposed annual license taxes
281	for the operation of motor vehicles, mopeds, motorized bicycles
282	as defined in s. 316.003(2), and mobile homes, as defined in s.
283	320.01, which shall be paid to and collected by the department
284	or its agent upon the registration or renewal of registration of
285	the following:
286	(1)  MOTORCYCLES and MOPEDS.--
287	(c)  Upon registration of any motorcycle, motor-driven
288	cycle, or moped there shall be paid in addition to the license
289	taxes specified in this subsection a nonrefundable motorcycle
290	safety education fee in the amount of $2.50. The proceeds of
291	such additional fee shall be deposited in the Highway Safety
292	Operating Trust Fund and be used exclusively to fund a
293	motorcycle driver improvement program implemented pursuant to s.
294	322.025 or the Florida Motorcycle Safety Education Program
295	established in s. 322.0255 or the general operations of the
296	department.
297	Section 13.  Subsection (2) of section 320.0805, Florida
298	Statutes, is amended to read:
299	320.0805  Personalized prestige license plates.--
300	(2)  Each request for specific numbers or letters or
301	combinations thereof shall be submitted annually to the
302	department on an application form supplied by the department,
303	accompanied by the following tax and fees:
304	(a)  The license tax required for the vehicle, as set forth
305	in s. 320.08.;
306	(b)  A prestige plate annual use fee of $10.; and
307	(c)  A processing fee of $2, to be deposited into the
308	Highway Safety Operating Trust Fund.
309	Section 14.  Paragraph (b) of subsection (3) of section
310	320.08056, Florida Statutes, is amended to read:
311	320.08056  Specialty license plates.--
312	(3)  Each request must be made annually to the department,
313	accompanied by the following tax and fees:
314	(b)  A processing fee of $2, to be deposited into the
315	Highway Safety Operating Trust Fund.
316
317	A request may be made any time during a registration period. If
318	a request is made for a specialty license plate to replace a
319	current valid license plate, the specialty license plate must be
320	issued with appropriate decals attached at no tax for the plate,
321	but all fees and service charges must be paid. When a request is
322	made for a specialty license plate at the beginning of the
323	registration period, the tax, together with all applicable fees
324	and service charges, must be paid.
325	Section 15.  Subsection (1) of section 320.203, Florida
326	Statutes, is amended to read:
327	320.203  Disposition of biennial license tax moneys.--
328	(1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
329	(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
330	and pursuant to s. 216.351, after the provisions of s.
331	320.20(1), (2), (3), and (4), and (5) are fulfilled, an amount
332	equal to 50 percent of revenues collected from the biennial
333	registrations created in s. 320.07 shall be retained in the
334	Motor Vehicle License Clearing Trust Fund, authorized in s.
335	215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
336	fiscal year, an amount equal to 50 percent of revenues collected
337	from the biennial registrations created in s. 320.07 shall be
338	distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
339	(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
340	320.20(1), (2), (3), and (4), and (5).
341	Section 16.  Section 320.95, Florida Statutes, is amended
342	to read:
343	320.95  Transactions by electronic or telephonic means.--
344	(1)  The department is authorized to accept any application
345	provided for under this chapter by electronic or telephonic
346	means.
347	(2)  The department may collect and use e-mail addresses of
348	motor vehicle owners and registrants as a notification method in
349	lieu of the United States Postal Service.
350	Section 17.  Subsections (10) through (44) of section
351	322.01, Florida Statutes, are renumbered as subsections (11)
352	through (45), respectively, present subsections (10), (23), and
353	(29) are amended, and a new subsection (10) is added to that
354	section, to read:
355	322.01  Definitions.--As used in this chapter:
356	(10)  "Convenience service" means any means whereby an
357	individual conducts a transaction with the department other than
358	in person.
359	(11)(10)(a)  "Conviction" means a conviction of an offense
360	relating to the operation of motor vehicles on highways which is
361	a violation of this chapter or any other such law of this state
362	or any other state, including an admission or determination of a
363	noncriminal traffic infraction pursuant to s. 318.14, or a
364	judicial disposition of an offense committed under any federal
365	law substantially conforming to the aforesaid state statutory
366	provisions.
367	(b)  Notwithstanding any other provisions of this chapter,
368	the definition of "conviction" provided in 49 C.F.R. part 383.5
369	applies to offenses committed in a commercial motor vehicle or
370	by a person holding a commercial driver's license.
371	(24)(23)  "Hazardous materials" means any material that has
372	been designated as hazardous under 49 U.S.C. s. 5103 and is
373	required to be placarded under subpart F of 49 C.F.R. part 172
374	or any quantity of a material listed as a select agent or toxin
375	in 42 C.F.R. part 73 has the meaning such term has under s. 103
376	of the Hazardous Materials Transportation Act.
377	(30)(29)  "Out-of-service order" means a prohibition issued
378	by an authorized local, state, or Federal Government official
379	which precludes a person from driving a commercial motor vehicle
380	for a period of 72 hours or less.
381	Section 18.  Subsection (1) of section 322.025, Florida
382	Statutes, is amended to read:
383	322.025  Driver improvement.--
384	(1)  The department may implement programs to improve the
385	driving ability of the drivers of this state. Such programs may
386	include, but shall not be limited to, safety awareness
387	campaigns, driver training, and licensing improvement.
388	Motorcycle driver improvement programs implemented pursuant to
389	this section or s. 322.0255 may shall be funded by the
390	motorcycle safety education fee collected pursuant to s.
391	320.08(1)(c), which shall be deposited in the Highway Safety
392	Operating Trust Fund of the department and appropriated for that
393	purpose.
394	Section 19.  Effective upon this act becoming a law,
395	subsections (5), (6), (7), and (8) of section 322.0255, Florida
396	Statutes, are amended to read:
397	322.0255  Florida Motorcycle Safety Education Program.--
398	(5)  The department shall, subject to the availability of
399	funds, reimburse each organization that provides an approved
400	motorcycle safety education course for each student who begins
401	the on-cycle portion of the course. This shall include any
402	student not required to attend a motorcycle safety education
403	course prior to licensure as required in s. 322.12. The amount
404	to be reimbursed per student to each course provider shall be
405	determined by the department. In order to facilitate such
406	determination, each course provider shall be required to submit
407	proof satisfactory to the department of the expected cost per
408	student to be incurred by such course provider. In no event
409	shall the amount to be reimbursed per student to any course
410	provider exceed the expected cost per student. In addition to
411	the amount of any reimbursement, each course provider that
412	conducts such a course may charge each student a tuition fee
413	sufficient to defray the cost of conducting the course. The
414	department shall fund the payments required under this
415	subsection from the motorcycle safety education fee, as provided
416	in ss. 320.08 and 322.025.
417	(5)(6)  Each organization that provides an approved
418	motorcycle safety course may charge a registration fee, not to
419	exceed $20 per student. This fee must be refunded if the student
420	completes the course. However, any student who registers for,
421	and does not complete, the course must forfeit his or her
422	registration fee. Forfeited fees may be retained by the
423	organization that conducts the course.
424	(6)(7)  The department may adopt rules to implement this
425	section.
426	(7)(8)  On and after January 1, 1989, every first-time
427	applicant for licensure to operate a motorcycle who is under 21
428	years of age shall be required to complete a motorcycle
429	education course as established pursuant to this section. Proof
430	of completion of such education course shall be presented to the
431	driver license examining office prior to such licensure to
432	operate a motorcycle.
433	Section 20.  Effective October 1, 2008, subsection (1) of
434	section 322.03, Florida Statutes, is amended to read:
435	322.03  Drivers must be licensed; penalties.--
436	(1)  Except as otherwise authorized in this chapter, a
437	person may not drive any motor vehicle upon a highway in this
438	state unless such person has a valid driver's license under the
439	provisions of this chapter.
440	(a)  A person who drives a commercial motor vehicle shall
441	not receive a driver's license unless and until he or she
442	surrenders to the department all driver's licenses in his or her
443	possession issued to him or her by any other jurisdiction or
444	makes an affidavit that he or she does not possess a driver's
445	license. Any such person who fails to surrender such licenses or
446	who makes a false affidavit concerning such licenses is guilty
447	of a misdemeanor of the first degree, punishable as provided in
448	s. 775.082 or s. 775.083.
449	(b)  A person who does not drive a commercial motor vehicle
450	is not required to surrender a license issued by another
451	jurisdiction, upon a showing to the department that such license
452	is necessary because of employment or part-time residence. Any
453	person who retains a driver's license because of employment or
454	part-time residence shall, upon qualifying for a license in this
455	state, be issued a driver's license which shall be valid within
456	this state only. All surrendered licenses may be returned by the
457	department to the issuing jurisdiction together with information
458	that the licensee is now licensed in a new jurisdiction or may
459	be destroyed by the department, which shall notify the issuing
460	jurisdiction of such destruction. A person may not have more
461	than one valid Florida driver's license at any time.
462	(c)  Part-time residents issued a license that is valid
463	within this state only pursuant to paragraph (b) as that
464	paragraph existed prior to October 1, 2008, may continue to hold
465	such license until the next regularly scheduled renewal.
466	Licenses that are identified as "Valid in Florida only" may not
467	be issued or renewed effective July 1, 2009. This paragraph
468	expires June 30, 2017.
469	Section 21.  Effective October 1, 2008, subsections (1),
470	(2), and (3) of section 322.051, Florida Statutes, are amended
471	to read:
472	322.051  Identification cards.--
473	(1)  Any person who is 5 years of age or older, or any
474	person who has a disability, regardless of age, who applies for
475	a disabled parking permit under s. 320.0848, may be issued an
476	identification card by the department upon completion of an
477	application and payment of an application fee.
478	(a)  Each such application shall include the following
479	information regarding the applicant:
480	1.  Full name (first, middle or maiden, and last), gender,
481	proof of social security card number satisfactory to the
482	department, county of residence, and mailing address, proof of
483	residential address satisfactory to the department, country of
484	birth, and a brief description.
485	2.  Proof of birth date satisfactory to the department.
486	3.  Proof of identity satisfactory to the department. Such
487	proof must include one of the following documents issued to the
488	applicant:
489	a.  A driver's license record or identification card record
490	from another jurisdiction that required the applicant to submit
491	a document for identification which is substantially similar to
492	a document required under sub-subparagraph b., sub-subparagraph
493	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
494	f., or sub-subparagraph g., or sub-subparagraph h.;
495	b.  A certified copy of a United States birth certificate;
496	c.  A valid, unexpired United States passport;
497	d.  A naturalization certificate issued by the United
498	States Department of Homeland Security;
499	e.  A valid, unexpired An alien registration receipt card
500	(green card);
501	f.  A Consular Report of Birth Abroad provided by the
502	United States Department of State;
503	g.f.  An unexpired employment authorization card issued by
504	the United States Department of Homeland Security; or
505	h.g.  Proof of nonimmigrant classification provided by the
506	United States Department of Homeland Security, for an original
507	identification card. In order to prove such nonimmigrant
508	classification, applicants may produce but are not limited to
509	the following documents:
510	(I)  A notice of hearing from an immigration court
511	scheduling a hearing on any proceeding.
512	(II)  A notice from the Board of Immigration Appeals
513	acknowledging pendency of an appeal.
514	(III)  Notice of the approval of an application for
515	adjustment of status issued by the United States Bureau of
516	Citizenship and Immigration Services.
517	(IV)  Any official documentation confirming the filing of a
518	petition for asylum or refugee status or any other relief issued
519	by the United States Bureau of Citizenship and Immigration
520	Services.
521	(V)  Notice of action transferring any pending matter from
522	another jurisdiction to Florida, issued by the United States
523	Bureau of Citizenship and Immigration Services.
524	(VI)  Order of an immigration judge or immigration officer
525	granting any relief that authorizes the alien to live and work
526	in the United States including, but not limited to asylum.
527	(VII)  Evidence that an application is pending for
528	adjustment of status to that of an alien lawfully admitted for
529	permanent residence in the United States or conditional
530	permanent resident status in the United States, if a visa number
531	is available having a current priority date for processing by
532	the United States Bureau of Citizenship and Immigration
533	Services.
534	(VIII)  On or after January 1, 2010, an unexpired foreign
535	passport with an unexpired United States Visa affixed,
536	accompanied by an approved I-94, documenting the most recent
537	admittance into the United States.
538
539	Presentation of any of the documents described in sub-
540	subparagraph g. f. or sub-subparagraph h. g. entitles the
541	applicant to an identification card for a period not to exceed
542	the expiration date of the document presented or 1 year,
543	whichever first occurs.
544	(b)  An application for an identification card must be
545	signed and verified by the applicant in a format designated by
546	the department before a person authorized to administer oaths
547	and payment of the applicable fee pursuant to s. 322.21. The fee
548	for an identification card is $3, including payment for the
549	color photograph or digital image of the applicant.
550	(c)  Each such applicant may include fingerprints and any
551	other unique biometric means of identity.
552	(2)(a)  Every identification card:
553	1.  Issued to a person 5 years of age to 14 years of age
554	shall expire, unless canceled earlier, on the fourth birthday of
555	the applicant following the date of original issue.
556	2.  Issued to a person 15 years of age and older shall
557	expire, unless canceled earlier, on the eighth birthday of the
558	applicant following the date of original issue.
559
560	Renewal of an identification card shall be made for the
561	applicable term enumerated in this paragraph. However, if an
562	individual is 60 years of age or older, and has an
563	identification card issued under this section, the card shall
564	not expire unless done so by cancellation by the department or
565	by the death of the cardholder. Renewal of any identification
566	card shall be made for a term which shall expire on the fourth
567	birthday of the applicant following expiration of the
568	identification card renewed, unless surrendered earlier. Any
569	application for renewal received later than 90 days after
570	expiration of the identification card shall be considered the
571	same as an application for an original identification card. The
572	renewal fee for an identification card shall be $10, of which $4
573	shall be deposited into the General Revenue Fund and $6 into the
574	Highway Safety Operating Trust Fund. The department shall, at
575	the end of 4 years and 6 months after the issuance or renewal of
576	an identification card, destroy any record of the card if it has
577	expired and has not been renewed, unless the cardholder is 60
578	years of age or older.
579	(b)  Notwithstanding any other provision of this chapter,
580	if an applicant establishes his or her identity for an
581	identification card using a document authorized under sub-
582	subparagraph (1)(a)3.e., the identification card shall expire on
583	the eighth fourth birthday of the applicant following the date
584	of original issue or upon first renewal or duplicate issued
585	after implementation of this section. After an initial showing
586	of such documentation, he or she is exempted from having to
587	renew or obtain a duplicate in person.
588	(c)  Notwithstanding any other provisions of this chapter,
589	if an applicant establishes his or her identity for an
590	identification card using an identification document authorized
591	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
592	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
593	year 2 years after the date of issuance or upon the expiration
594	date cited on the United States Department of Homeland Security
595	documents, whichever date first occurs, and may not be renewed
596	or obtain a duplicate except in person.
597	(3)  If an identification card issued under this section is
598	lost, destroyed, or mutilated or a new name is acquired, the
599	person to whom it was issued may obtain a duplicate upon
600	furnishing satisfactory proof of such fact to the department and
601	upon payment of the applicable fee pursuant to s. 322.21 a fee
602	of $10 for such duplicate, $2.50 of which shall be deposited
603	into the General Revenue Fund and $7.50 into the Highway Safety
604	Operating Trust Fund. The fee shall include payment for the
605	color photograph or digital image of the applicant. Any person
606	who loses an identification card and who, after obtaining a
607	duplicate, finds the original card shall immediately surrender
608	the original card to the department. The same documentary
609	evidence shall be furnished for a duplicate as for an original
610	identification card.
611	Section 22.  Effective October 1, 2008, subsections (1),
612	(2), and (6) of section 322.08, Florida Statutes, are amended to
613	read:
614	322.08  Application for license.--
615	(1)  Each application for a driver's license shall be made
616	in a format designated by the department and sworn to or
617	affirmed by the applicant as to the truth of the statements made
618	in the application.
619	(2)  Each such application shall include the following
620	information regarding the applicant:
621	(a)  Full name (first, middle or maiden, and last), gender,
622	proof of social security card number satisfactory to the
623	department, county of residence, and mailing address, proof of
624	residential address satisfactory to the department, country of
625	birth, and a brief description.
626	(b)  Proof of birth date satisfactory to the department.
627	(c)  Proof of identity satisfactory to the department. Such
628	proof must include one of the following documents issued to the
629	applicant:
630	1.  A driver's license record or identification card record
631	from another jurisdiction that required the applicant to submit
632	a document for identification which is substantially similar to
633	a document required under subparagraph 2., subparagraph 3.,
634	subparagraph 4., subparagraph 5., subparagraph 6., or
635	subparagraph 7., or subparagraph 8.;
636	2.  A certified copy of a United States birth certificate;
637	3.  A valid, unexpired United States passport;
638	4.  A naturalization certificate issued by the United
639	States Department of Homeland Security;
640	5.  A valid, unexpired An alien registration receipt card
641	(green card);
642	6.  A Consular Report of Birth Abroad provided by the
643	United States Department of State;
644	7.6.  An unexpired employment authorization card issued by
645	the United States Department of Homeland Security; or
646	8.7.  Proof of nonimmigrant classification provided by the
647	United States Department of Homeland Security, for an original
648	driver's license. In order to prove nonimmigrant classification,
649	an applicant may produce the following documents, including, but
650	not limited to:
651	a.  A notice of hearing from an immigration court
652	scheduling a hearing on any proceeding.
653	b.  A notice from the Board of Immigration Appeals
654	acknowledging pendency of an appeal.
655	c.  A notice of the approval of an application for
656	adjustment of status issued by the United States Bureau of
657	Citizenship and Immigration Services.
658	d.  Any official documentation confirming the filing of a
659	petition for asylum or refugee status or any other relief issued
660	by the United States Bureau of Citizenship and Immigration
661	Services.
662	e.  A notice of action transferring any pending matter from
663	another jurisdiction to this state issued by the United States
664	Bureau of Citizenship and Immigration Services.
665	f.  An order of an immigration judge or immigration officer
666	granting any relief that authorizes the alien to live and work
667	in the United States, including, but not limited to, asylum.
668	g.  Evidence that an application is pending for adjustment
669	of status to that of an alien lawfully admitted for permanent
670	residence in the United States or conditional permanent resident
671	status in the United States, if a visa number is available
672	having a current priority date for processing by the United
673	States Bureau of Citizenship and Immigration Services.
674	h.  On or after January 1, 2010, an unexpired foreign
675	passport with an unexpired United States Visa affixed,
676	accompanied by an approved I-94, documenting the most recent
677	admittance into the United States.
678
679	Presentation of any of the documents in subparagraph 7. 6. or
680	subparagraph 8. 7. entitles the applicant to a driver's license
681	or temporary permit for a period not to exceed the expiration
682	date of the document presented or 1 year, whichever occurs
683	first.
684	(d)  Whether the applicant has previously been licensed to
685	drive, and, if so, when and by what state, and whether any such
686	license or driving privilege has ever been disqualified,
687	revoked, or suspended, or whether an application has ever been
688	refused, and, if so, the date of and reason for such
689	disqualification, suspension, revocation, or refusal.
690	(e)  Each such application may include fingerprints and
691	other unique biometric means of identity.
692	(6)  The application form for a driver's license or
693	duplicate thereof shall include language permitting the
694	following:
695	(a)  A voluntary contribution of $5 per applicant, which
696	contribution shall be transferred into the Election Campaign
697	Financing Trust Fund.
698	(a)(b)  A voluntary contribution of $1 per applicant, which
699	contribution shall be deposited into the Florida Organ and
700	Tissue Donor Education and Procurement Trust Fund for organ and
701	tissue donor education and for maintaining the organ and tissue
702	donor registry.
703	(b)(c)  A voluntary contribution of $1 per applicant, which
704	contribution shall be distributed to the Florida Council of the
705	Blind.
706	(c)(d)  A voluntary contribution of $2 per applicant, which
707	shall be distributed to the Hearing Research Institute,
708	Incorporated.
709	(d)(e)  A voluntary contribution of $1 per applicant, which
710	shall be distributed to the Juvenile Diabetes Foundation
711	International.
712	(e)(f)  A voluntary contribution of $1 per applicant, which
713	shall be distributed to the Children's Hearing Help Fund.
714
715	A statement providing an explanation of the purpose of the trust
716	funds shall also be included. For the purpose of applying the
717	service charge provided in s. 215.20, contributions received
718	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
719	and under s. 322.18(9)(a) are not income of a revenue nature.
720	Section 23.  Effective October 1, 2008, paragraph (a) of
721	subsection (1) of section 322.14, Florida Statutes, is amended
722	to read:
723	322.14  Licenses issued to drivers.--
724	(1)(a)  The department shall, upon successful completion of
725	all required examinations and payment of the required fee, issue
726	to every applicant qualifying therefor, a driver's license as
727	applied for, which license shall bear thereon a color photograph
728	or digital image of the licensee; the name of the state; a
729	distinguishing number assigned to the licensee; and the
730	licensee's full name, date of birth, and residence mailing
731	address; a brief description of the licensee, including, but not
732	limited to, the licensee's gender and height; and the dates of
733	issuance and expiration of the license. A space shall be
734	provided upon which the licensee shall affix his or her usual
735	signature. No license shall be valid until it has been so signed
736	by the licensee except that the signature of said licensee shall
737	not be required if it appears thereon in facsimile or if the
738	licensee is not present within the state at the time of
739	issuance. Applicants qualifying to receive a Class A, Class B,
740	or Class C driver's license must appear in person within the
741	state for issuance of a color photographic or digital imaged
742	driver's license pursuant to s. 322.142.
743	Section 24.  Effective October 1, 2008, section 322.15,
744	Florida Statutes, is amended to read:
745	322.15  License to be carried and exhibited on demand;
746	fingerprint to be imprinted upon a citation.--
747	(1)  Every licensee shall have his or her driver's license,
748	which must be fully legible with no portion of such license
749	faded, altered, mutilated, or defaced, in his or her immediate
750	possession at all times when operating a motor vehicle and shall
751	display the same upon the demand of a law enforcement officer or
752	an authorized representative of the department.
753	(2)  Upon the failure of any person to display a driver's
754	license as required by subsection (1), the law enforcement
755	officer or authorized representative of the department stopping
756	the person shall require the person to imprint his or her
757	fingerprints fingerprint upon any citation issued by the officer
758	or authorized representative, or the officer or authorized
759	representative shall collect the fingerprints electronically.
760	(3)  In relation to violations of subsection (1) or s.
761	322.03(5), persons who cannot supply proof of a valid driver's
762	license for the reason that the license was suspended for
763	failure to comply with that citation shall be issued a
764	suspension clearance by the clerk of the court for that citation
765	upon payment of the applicable penalty and fee for that
766	citation. If proof of a valid driver's license is not provided
767	to the clerk of the court within 30 days, the person's driver's
768	license shall again be suspended for failure to comply.
769	(4)  A violation of subsection (1) is a noncriminal traffic
770	infraction, punishable as a nonmoving violation as provided in
771	chapter 318.
772	Section 25.  Effective October 1, 2008, section 322.17,
773	Florida Statutes, is amended to read:
774	322.17  Replacement licenses and permits Duplicate and
775	replacement certificates.--
776	(1)(a)  In the event that an instruction permit or driver's
777	license issued under the provisions of this chapter is lost or
778	destroyed, the person to whom the same was issued may, upon
779	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
780	a replacement duplicate, or substitute thereof, upon furnishing
781	proof satisfactory to the department that such permit or license
782	has been lost or destroyed, and further furnishing the full
783	name, date of birth, sex, residence and mailing address, proof
784	of birth satisfactory to the department, and proof of identity
785	satisfactory to the department. Five dollars of the fee levied
786	in this paragraph shall go to the Highway Safety Operating Trust
787	Fund of the department.
788	(b)  In the event that an instruction permit or driver's
789	license issued under the provisions of this chapter is stolen,
790	the person to whom the same was issued may, at no charge, obtain
791	a replacement duplicate, or substitute thereof, upon furnishing
792	proof satisfactory to the department that such permit or license
793	was stolen and further furnishing the full name, date of birth,
794	sex, residence and mailing address, proof of birth satisfactory
795	to the department, and proof of identity satisfactory to the
796	department.
797	(2)  Upon the surrender of the original license and the
798	payment of the appropriate fee pursuant to s. 322.21 a $10
799	replacement fee, the department shall issue a replacement
800	license to make a change in name, address, or restrictions. Upon
801	written request by the licensee and notification of a change in
802	address, and the payment of a $10 fee, the department shall
803	issue an address sticker which shall be affixed to the back of
804	the license by the licensee. Nine dollars of the fee levied in
805	this subsection shall go to the Highway Safety Operating Trust
806	Fund of the department.
807	(3)  Notwithstanding any other provisions of this chapter,
808	if a licensee establishes his or her identity for a driver's
809	license using an identification document authorized under s.
810	322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may
811	not obtain a duplicate or replacement instruction permit or
812	driver's license except in person and upon submission of an
813	identification document authorized under s. 322.08(2)(c)7. or 8.
814	s. 322.08(2)(c)6. or 7.
815	Section 26.  Effective October 1, 2008, subsections (2),
816	(4), (5), (8), and (9) of section 322.18, Florida Statutes, are
817	amended to read:
818	322.18  Original applications, licenses, and renewals;
819	expiration of licenses; delinquent licenses.--
820	(2)  Each applicant who is entitled to the issuance of a
821	driver's license, as provided in this section, shall be issued a
822	driver's license, as follows:
823	(a)  An applicant who has not attained 80 years of age
824	applying for an original issuance shall be issued a driver's
825	license that which expires at midnight on the licensee's
826	birthday which next occurs on or after the eighth sixth
827	anniversary of the date of issue. An applicant who is at least
828	80 years of age applying for an original issuance shall be
829	issued a driver's license that expires at midnight on the
830	licensee's birthday that next occurs on or after the sixth
831	anniversary of the date of issue.
832	(b)  An applicant who has not attained 80 years of age
833	applying for a renewal issuance or renewal extension shall be
834	issued a driver's license that or renewal extension sticker
835	which expires at midnight on the licensee's birthday that which
836	next occurs 8 4 years after the month of expiration of the
837	license being renewed. An applicant who is at least 80 years of
838	age applying for a renewal issuance shall be issued a driver's
839	license that, except that a driver whose driving record reflects
840	no convictions for the preceding 3 years shall be issued a
841	driver's license or renewal extension sticker which expires at
842	midnight on the licensee's birthday that which next occurs 6
843	years after the month of expiration of the license being
844	renewed.
845	(c)  Notwithstanding any other provision of this chapter,
846	if an applicant establishes his or her identity for a driver's
847	license using a document authorized under s. 322.08(2)(c)5., the
848	driver's license shall expire in accordance with paragraph (b).
849	After an initial showing of such documentation, he or she is
850	exempted from having to renew or obtain a duplicate in person.
851	(d)  Notwithstanding any other provision of this chapter,
852	if an applicant establishes his or her identity for a driver's
853	license using a document authorized in s. 322.08(2)(c)7.6. or
854	8.7., the driver's license shall expire 1 year 2 years after the
855	date of issuance or upon the expiration date cited on the United
856	States Department of Homeland Security documents, whichever date
857	first occurs.
858	(e)  Notwithstanding any other provision of this chapter,
859	an applicant applying for an original or renewal issuance of a
860	commercial driver's license as defined in s. 322.01(7), with a
861	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
862	shall be issued a driver's license that expires at midnight on
863	the licensee's birthday that next occurs 4 years after the month
864	of expiration of the license being issued or renewed.
865	(4)(a)  Except as otherwise provided in this chapter, all
866	licenses shall be renewable every 8 4 years or 6 years,
867	depending upon the terms of issuance and shall be issued or
868	renewed extended upon application, payment of the fees required
869	by s. 322.21, and successful passage of any required
870	examination, unless the department has reason to believe that
871	the licensee is no longer qualified to receive a license.
872	(b)  Notwithstanding any other provision of this chapter,
873	if an applicant establishes his or her identity for a driver's
874	license using a document authorized under s. 322.08(2)(c)5., the
875	license, upon an initial showing of such documentation, is
876	exempted from having to renew or obtain a duplicate in person,
877	unless the renewal or duplication coincides with the periodic
878	reexamination of a driver as required pursuant to s. 322.121.
879	(c)  Notwithstanding any other provision of this chapter,
880	if a licensee establishes his or her identity for a driver's
881	license using an identification document authorized under s.
882	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
883	driver's license except in person and upon submission of an
884	identification document authorized under s. 322.08(2)(c)7.6. or
885	8.7. A driver's license renewed under this paragraph expires 1
886	year 4 years after the date of issuance or upon the expiration
887	date cited on the United States Department of Homeland Security
888	documents, whichever date first occurs.
889	(5)  All renewal driver's licenses may be issued after the
890	applicant licensee has been determined to be eligible by the
891	department.
892	(a)  A licensee who is otherwise eligible for renewal and
893	who is at least 80 over 79 years of age:
894	1.  Must submit to and pass a vision test administered at
895	any driver's license office; or
896	2.  If the licensee applies for a renewal using a
897	convenience service an extension by mail as provided in
898	subsection (8), he or she must submit to a vision test
899	administered by a physician licensed under chapter 458 or
900	chapter 459, or an optometrist licensed under chapter 463, must
901	send the results of that test to the department on a form
902	obtained from the department and signed by such health care
903	practitioner, and must meet vision standards that are equivalent
904	to the standards for passing the departmental vision test. The
905	physician or optometrist may submit the results of a vision test
906	by a department-approved electronic means.
907	(b)  A licensee who is at least 80 over 79 years of age may
908	not submit an application for renewal extension under subsection
909	(8) by a convenience service electronic or telephonic means,
910	unless the results of a vision test have been electronically
911	submitted in advance by the physician or optometrist.
912	(8)  The department shall issue 8-year renewals using a
913	convenience service 4-year and 6-year license extensions by
914	mail, electronic, or telephonic means without reexamination to
915	drivers who have not attained 80 years of age. The department
916	shall issue 6-year renewals using a convenience service when the
917	applicant has satisfied the requirements of subsection (5).
918	(a)  If the department determines from its records that the
919	holder of a license about to expire is eligible for renewal, the
920	department shall mail a renewal notice to the licensee at his or
921	her last known address, not less than 30 days prior to the
922	licensee's birthday. The renewal notice shall direct the
923	licensee to appear at a driver license office for in-person
924	renewal or to transmit the completed renewal notice and the fees
925	required by s. 322.21 to the department using a convenience
926	service by mail, electronically, or telephonically within the 30
927	days preceding the licensee's birthday for a license extension.
928	License extensions shall not be available to drivers directed to
929	appear for in-person renewal.
930	(b)  Upon receipt of a properly completed renewal notice,
931	payment of the required fees, and upon determining that the
932	licensee is still eligible for renewal, the department shall
933	send a new license extension sticker to the licensee to affix to
934	the expiring license as evidence that the license term has been
935	extended.
936	(c)  The department shall issue one renewal using a
937	convenience service license extensions for two consecutive
938	license expirations only. Upon expiration of two consecutive
939	license extension periods, in-person renewal with reexamination
940	as provided in s. 322.121 shall be required. A person who is out
941	of this state when his or her license expires may be issued a
942	90-day temporary driving permit without reexamination. At the
943	end of the 90-day period, the person must either return to this
944	state or apply for a license where the person is located, except
945	for a member of the Armed Forces as provided in s. 322.121(6).
946	(d)  In-person renewal at a driver license office shall not
947	be available to drivers whose records indicate they were
948	directed to apply for a license extension.
949	(d)(e)  Any person who knowingly possesses any forged,
950	stolen, fictitious, counterfeit, or unlawfully issued license
951	extension sticker, unless possession by such person has been
952	duly authorized by the department, commits a misdemeanor of the
953	second degree, punishable as provided in s. 775.082 or s.
954	775.083.
955	(e)(f)  The department shall develop a plan for the
956	equitable distribution of license extensions and renewals and
957	the orderly implementation of this section.
958	(9)(a)  The application form for a renewal issuance or
959	renewal extension shall include language permitting a voluntary
960	contribution of $1 per applicant, to be quarterly distributed by
961	the department to Prevent Blindness Florida, a not-for-profit
962	organization, to prevent blindness and preserve the sight of the
963	residents of this state. A statement providing an explanation of
964	the purpose of the funds shall be included with the application
965	form.
966	(b)  Prior to the department distributing the funds
967	collected pursuant to paragraph (a), Prevent Blindness Florida
968	must submit a report to the department that identifies how such
969	funds were used during the preceding year.
970	Section 27.  Section 322.181, Florida Statutes, is
971	repealed.
972	Section 28.  Effective October 1, 2008, subsections (2) and
973	(4) of section 322.19, Florida Statutes, are amended to read:
974	322.19  Change of address or name.--
975	(2)  Whenever any person, after applying for or receiving a
976	driver's license, changes the residence or mailing address in
977	the application or license, the person must, within 10 calendar
978	days, either obtain a replacement license that reflects the
979	change or request in writing a change-of-address sticker. A The
980	written request to the department must include the old and new
981	addresses and the driver's license number.
982	(4)  Notwithstanding any other provision of this chapter,
983	if a licensee established his or her identity for a driver's
984	license using an identification document authorized under s.
985	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
986	name or address except in person and upon submission of an
987	identification document authorized under s. 322.08(2)(c)7.6. or
988	8.7.
989	Section 29.  Effective October 1, 2008, subsection (1) of
990	section 322.21, Florida Statutes, is amended to read:
991	322.21  License fees; procedure for handling and collecting
992	fees.--
993	(1)  Except as otherwise provided herein, the fee for:
994	(a)  An original or renewal commercial driver's license is
995	$67 $50, which shall include the fee for driver education
996	provided by s. 1003.48; however, if an applicant has completed
997	training and is applying for employment or is currently employed
998	in a public or nonpublic school system that requires the
999	commercial license, the fee shall be the same as for a Class E
1000	driver's license. A delinquent fee of $1 shall be added for a
1001	renewal made not more than 12 months after the license
1002	expiration date.
1003	(b)  An original Class E driver's license is $27 $20, which
1004	shall include the fee for driver's education provided by s.
1005	1003.48; however, if an applicant has completed training and is
1006	applying for employment or is currently employed in a public or
1007	nonpublic school system that requires a commercial driver
1008	license, the fee shall be the same as for a Class E license.
1009	(c)  The renewal or extension of a Class E driver's license
1010	or of a license restricted to motorcycle use only is $20 $15,
1011	except that a delinquent fee of $1 shall be added for a renewal
1012	or extension made not more than 12 months after the license
1013	expiration date. The fee provided in this paragraph shall
1014	include the fee for driver's education provided by s. 1003.48.
1015	(d)  An original driver's license restricted to motorcycle
1016	use only is $27 $20, which shall include the fee for driver's
1017	education provided by s. 1003.48.
1018	(e)  A replacement driver's license issued pursuant to s.
1019	322.17 is $10. Of this amount, $7 shall be deposited into the
1020	Highway Safety Operating Trust Fund and $3 shall be deposited
1021	into the General Revenue Fund.
1022	(f)  An original, renewal, or replacement identification
1023	card issued pursuant to s. 322.051 is $10. Funds collected from
1024	these fees shall be distributed as follows:
1025	1.  For an original identification card issued pursuant to
1026	s. 322.051 the fee shall be $10. This amount shall be deposited
1027	into the General Revenue Fund.
1028	2.  For a renewal identification card issued pursuant to s.
1029	322.051 the fee shall be $10. Of this amount, $6 shall be
1030	deposited into the Highway Safety Operating Trust Fund and $4
1031	shall be deposited into the General Revenue Fund.
1032	3.  For a replacement identification card issued pursuant
1033	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1034	deposited into the Highway Safety Operating Trust Fund and $1
1035	shall be deposited into the General Revenue Fund.
1036	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1037	(h)(f)  A hazardous-materials endorsement, as required by
1038	s. 322.57(1)(d), shall be set by the department by rule and
1039	shall reflect the cost of the required criminal history check,
1040	including the cost of the state and federal fingerprint check,
1041	and the cost to the department of providing and issuing the
1042	license. The fee shall not exceed $100. This fee shall be
1043	deposited in the Highway Safety Operating Trust Fund. The
1044	department may adopt rules to administer this section.
1045	Section 30.  Subsection (2) of section 322.271, Florida
1046	Statutes, is amended to read:
1047	322.271  Authority to modify revocation, cancellation, or
1048	suspension order.--
1049	(2)(a)  At Upon such hearing, the person whose license has
1050	been suspended, canceled, or revoked may show that such
1051	suspension, cancellation, or revocation of his or her license
1052	causes a serious hardship and precludes the person from person's
1053	carrying out his or her normal business occupation, trade, or
1054	employment and that the use of the person's license in the
1055	normal course of his or her business is necessary to the proper
1056	support of the person or his or her family.
1057	(a)  Except as otherwise provided in this subsection, the
1058	department shall require proof of the successful completion of
1059	the applicable department-approved driver training course
1060	operating pursuant to s. 318.1451 or DUI program substance abuse
1061	education course and evaluation as provided in s. 316.193(5).
1062	Letters of recommendation from respected business persons in the
1063	community, law enforcement officers, or judicial officers may
1064	also be required to determine whether such person should be
1065	permitted to operate a motor vehicle on a restricted basis for
1066	business or employment use only and in determining whether such
1067	person can be trusted to so operate a motor vehicle. If a
1068	driver's license has been suspended under the point system or
1069	pursuant to s. 322.2615, the department shall require proof of
1070	enrollment in the applicable department-approved driver training
1071	course or licensed DUI program substance abuse education course,
1072	including evaluation and treatment, if referred, and may require
1073	letters of recommendation described in this paragraph subsection
1074	to determine if the driver should be reinstated on a restricted
1075	basis. If such person fails to complete the approved course
1076	within 90 days after reinstatement or subsequently fails to
1077	complete treatment, if applicable, the department shall cancel
1078	his or her driver's license until the course and treatment, if
1079	applicable, is successfully completed, notwithstanding the terms
1080	of the court order or any suspension or revocation of the
1081	driving privilege. The department may temporarily reinstate the
1082	driving privilege on a restricted basis upon verification from
1083	the DUI program that the offender has reentered and is currently
1084	participating in treatment and has completed the DUI education
1085	course and evaluation requirement. If the DUI program notifies
1086	the department of the second failure to complete treatment, the
1087	department shall reinstate the driving privilege only after
1088	notice of completion of treatment from the DUI program. The
1089	privilege of driving on a limited or restricted basis for
1090	business or employment use may shall not be granted to a person
1091	who has been convicted of a violation of s. 316.193 until
1092	completion of the DUI program substance abuse education course
1093	and evaluations as provided in s. 316.193(5). Except as provided
1094	in paragraph (b), the privilege of driving on a limited or
1095	restricted basis for business or employment use may shall not be
1096	granted to a person whose license is revoked pursuant to s.
1097	322.28 or suspended pursuant to s. 322.2615 and who has been
1098	convicted of a violation of s. 316.193 two or more times or
1099	whose license has been suspended two or more times for refusal
1100	to submit to a test pursuant to s. 322.2615 or former s.
1101	322.261.
1102	(b)  The department may waive the hearing process for
1103	suspensions and revocations upon request by the driver if the
1104	driver has enrolled or completed the applicable driver training
1105	course approved pursuant to s. 318.1451 or DUI program substance
1106	abuse education course and evaluation provided in s. 316.193(5).
1107	However, the department may not waive the hearing for
1108	suspensions or revocations that involve death or serious bodily
1109	injury, multiple convictions for violations of s. 316.193
1110	pursuant to s. 322.27(5), or a second or subsequent suspension
1111	or revocation pursuant to the same provision under this chapter.
1112	This does not preclude the department from requiring a hearing
1113	for any suspension or revocation that it determines is warranted
1114	based on the severity of the offense.
1115	(c)(b)  A person whose license has been revoked for a
1116	period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
1117	the expiration of 12 months after the date the said revocation
1118	was imposed, petition the department for reinstatement of his or
1119	her driving privilege on a restricted basis. A person whose
1120	license has been revoked for a period of more than 5 years under
1121	s. 322.28(2)(a) may, upon the expiration of 24 months after the
1122	date the revocation was imposed, petition the department for
1123	reinstatement of his or her driving privilege on a restricted
1124	basis. Reinstatement of the driving privilege pursuant to this
1125	subsection shall be restricted to business or employment
1126	purposes only. In addition, the department shall require such
1127	persons upon reinstatement to have not driven and to have been
1128	drug free for at least 12 months immediately before prior to
1129	such reinstatement, to be supervised by a DUI program licensed
1130	by the department, and to report to the program at least three
1131	times a year as required by the program for the duration of the
1132	revocation period for supervision. Such supervision includes
1133	shall include evaluation, education, referral into treatment,
1134	and other activities required by the department. Such persons
1135	shall assume reasonable costs of supervision. If the such person
1136	fails to comply with the required supervision, the program shall
1137	report the failure to the department, and the department shall
1138	cancel the such person's driving privilege. This paragraph does
1139	not apply to any person whose driving privilege has been
1140	permanently revoked.
1141	(d)(c)  For the purpose of this section, a previous
1142	conviction of driving under the influence, driving while
1143	intoxicated, driving with an unlawful blood-alcohol level, or
1144	any other similar alcohol-related or drug-related offense
1145	outside this state or a previous conviction of former s.
1146	316.1931, former s. 316.028, or former s. 860.01 is shall be
1147	considered a previous conviction for violation of s. 316.193.
1148	(e)(d)  The department, based upon review of the licensee's
1149	application for reinstatement, may require the use of an
1150	ignition interlock device pursuant to s. 322.2715.
1151	Section 31.  Section 322.293, Florida Statutes, is amended
1152	to read:
1153	322.293  DUI programs Coordination Trust Fund; assessment;
1154	disposition.--
1155	(1)  The DUI programs Coordination Trust Fund shall be
1156	administered by the department, and the costs of administration
1157	shall be borne by the revenue collections provided in this
1158	section the fund. All funds received by the department DUI
1159	Programs Coordination Trust Fund shall be used solely for the
1160	purposes set forth in this chapter and for the general operation
1161	of the department section and s. 322.292. However, if the
1162	Legislature passes legislation consolidating existing trust
1163	funds assigned to the department, all funds remaining in and
1164	deposited to the DUI Programs Coordination Trust Fund shall be
1165	transferred to the consolidated trust funds, subject to their
1166	being earmarked for use solely for the purposes set forth in
1167	this section and s. 322.292.
1168	(2)  Each DUI program shall assess $12 against each person
1169	enrolling in a DUI program at the time of enrollment, including
1170	persons who transfer to or from a program in another state. In
1171	addition, second and third offenders and those offenders under
1172	permanent driver's-license revocation who are evaluated for
1173	eligibility for license restrictions under s. 322.271(2)
1174	322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
1175	the program and upon each subsequent anniversary date while they
1176	are in the program, for the duration of the license period.
1177	(3)  All assessments collected under this section shall be
1178	deposited in the Highway Safety Operating forwarded to the DUI
1179	Programs Coordination Trust Fund within 30 days after the last
1180	day of the month in which the assessment was received.
1181	Section 32.  Section 328.30, Florida Statutes, is amended
1182	to read:
1183	328.30  Transactions by electronic or telephonic means.--
1184	(1)  The department is authorized to accept any application
1185	provided for under this chapter by electronic or telephonic
1186	means.
1187	(2)  The department may issue an electronic certificate of
1188	title in lieu of printing a paper title.
1189	(3)  The department may collect and use e-mail addresses of
1190	vessel owners and registrants as a notification method in lieu
1191	of the United States Postal Service.
1192	Section 33.  Section 328.80, Florida Statutes, is amended
1193	to read:
1194	328.80  Transactions by electronic or telephonic means.--
1195	(1)  The department commission is authorized to accept any
1196	application provided for under this chapter by electronic or
1197	telephonic means.
1198	(2)  The department may collect and use e-mail addresses of
1199	vessel owners and registrants as a notification method in lieu
1200	of the United States Postal Service.
1201	Section 34.  Subsection (26) of section 344.044, Florida
1202	Statutes, is amended to read:
1203	334.044  Department; powers and duties.--The department
1204	shall have the following general powers and duties:
1205	(26)  To provide for the conservation of natural roadside
1206	growth and scenery and for the implementation and maintenance of
1207	roadside beautification programs, up to and no less than 1.5
1208	percent of the amount contracted for construction projects may
1209	shall be allocated by the department to beautification programs.
1210	Except where prohibited by federal law or federal regulation and
1211	to the extent practical, a minimum of 50 percent of these funds
1212	shall be used to purchase large plant materials with the
1213	remaining funds for other plant materials. All such plant
1214	materials shall be purchased from Florida-based nurseryman stock
1215	on a uniform competitive bid basis. The department will develop
1216	grades and standards for landscaping materials purchased through
1217	this process. To accomplish these activities, the department may
1218	contract with nonprofit organizations having the primary purpose
1219	of developing youth employment opportunities.
1220	Section 35.  Paragraph (d) is added to subsection (1) of
1221	section 338.2216, Florida Statutes, to read:
1222	338.2216  Florida Turnpike Enterprise; powers and
1223	authority.--
1224	(1)
1225	(d)1.  The Florida Turnpike Enterprise shall not under any
1226	circumstances contract with any vendor for the retail sale of
1227	fuel along the Florida Turnpike if such contract is negotiated
1228	or bid together with any other contract, including, but not
1229	limited to, the retail sale of food, maintenance services, or
1230	construction, with the exception that any contract for the
1231	retail sale of fuel along the Florida Turnpike shall be bid and
1232	contracted together with the retail sale of food at any
1233	convenience store attached to the fuel station.
1234	2.  Except for services provided as defined in s.
1235	287.055(2)(a), all contracts related to service plazas,
1236	including, but not limited to, the sale of fuel, the retail sale
1237	of food, maintenance services, or construction, awarded by the
1238	Florida Turnpike Enterprise shall be procured through individual
1239	competitive solicitations and awarded to the most cost-effective
1240	responder. This paragraph does not prohibit the award of more
1241	than one individual contract to a single vendor if he or she
1242	submits the most cost-effective response.
1243	Section 36.  Paragraph (a) of subsection (4) of section
1244	339.135, Florida Statutes, is amended to read:
1245	339.135  Work program; legislative budget request;
1246	definitions; preparation, adoption, execution, and amendment.--
1247	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1248	(a)1.  To assure that no district or county is penalized
1249	for local efforts to improve the State Highway System, the
1250	department shall, for the purpose of developing a tentative work
1251	program, allocate funds for new construction to the districts,
1252	except for the turnpike enterprise, based on equal parts of
1253	population and motor fuel tax collections. Funds for
1254	resurfacing, bridge repair and rehabilitation, bridge fender
1255	system construction or repair, public transit projects except
1256	public transit block grants as provided in s. 341.052, and other
1257	programs with quantitative needs assessments shall be allocated
1258	based on the results of these assessments. The department may
1259	not transfer any funds allocated to a district under this
1260	paragraph to any other district except as provided in subsection
1261	(7). Funds for public transit block grants shall be allocated to
1262	the districts pursuant to s. 341.052. Funds for the intercity
1263	bus program provided for under s. 5311(f) of the federal
1264	nonurbanized area formula program shall be administered and
1265	allocated directly to eligible bus carriers as defined in s.
1266	341.031(12) at the state level rather than the district. In
1267	order to provide state funding to support the intercity bus
1268	program provided for under provisions of the federal 5311(f)
1269	program, the department shall allocate an amount equal to the
1270	federal share of the 5311(f) program from amounts calculated
1271	pursuant to s. 206.46(3).
1272	2.  Notwithstanding the provisions of subparagraph 1., the
1273	department shall allocate at least 50 percent of any new
1274	discretionary highway capacity funds to the Florida Strategic
1275	Intermodal System created pursuant to s. 339.61. Any remaining
1276	new discretionary highway capacity funds shall be allocated to
1277	the districts for new construction as provided in subparagraph
1278	1. For the purposes of this subparagraph, the term "new
1279	discretionary highway capacity funds" means any funds available
1280	to the department above the prior year funding level for
1281	capacity improvements, which the department has the discretion
1282	to allocate to highway projects.
1283	3.  Notwithstanding subparagraph 1. and s. 206.46(3), in
1284	fiscal years 2008-2009 through 2012-2013, the department shall
1285	reduce work program levels to balance the finance plan to the
1286	revised funding levels resulting from any reduction in the
1287	funding provided for under s. 201.15.
1288	4.  Prior to any project or phase thereof being deferred,
1289	such reductions shall be made to financial projects not
1290	programmed for contract letting as identified with a work
1291	program contract class code 8 and the box code RV. These
1292	reductions shall not negatively impact safety, preservation,
1293	maintenance, or project contingency levels as of July 1, 2008.
1294	Section 37.  Subsection (19) of section 501.976, Florida
1295	Statutes, is amended to read:
1296	501.976  Actionable, unfair, or deceptive acts or
1297	practices.--It is an unfair or deceptive act or practice,
1298	actionable under the Florida Deceptive and Unfair Trade
1299	Practices Act, for a dealer to:
1300	(19)  Fail to disclose damage to a new motor vehicle, as
1301	defined in s. 319.001 319.001(8), of which the dealer had actual
1302	knowledge, if the dealer's actual cost of repairs exceeds the
1303	threshold amount, excluding replacement items.
1304
1305	In any civil litigation resulting from a violation of this
1306	section, when evaluating the reasonableness of an award of
1307	attorney's fees to a private person, the trial court shall
1308	consider the amount of actual damages in relation to the time
1309	spent.
1310	Section 38.  Subsection (3) of section 553.75, Florida
1311	Statutes, as amended to read:
1312	553.75  Organization of commission; rules and regulations;
1313	meetings; staff; fiscal affairs.--
1314	(3)  The department shall be responsible for the provision
1315	of administrative and staff support services relating to the
1316	functions of the commission.  With respect to matters within the
1317	jurisdiction of the commission, the department shall be
1318	responsible for the implementation and faithful discharge of all
1319	decisions of the commission made pursuant to its authority under
1320	the provisions of this part. The department is authorized to use
1321	communications media technology to conduct any meetings of the
1322	commission or meetings held in conjunction therewith.
1323	Section 39.  Subsection (1) of section 765.5215, Florida
1324	Statutes, is amended to read:
1325	765.5215  Education program relating to anatomical
1326	gifts.--The Agency for Health Care Administration, subject to
1327	the concurrence of the Department of Highway Safety and Motor
1328	Vehicles, shall develop a continuing program to educate and
1329	inform medical professionals, law enforcement agencies and
1330	officers, high school children, state and local government
1331	employees, and the public regarding the laws of this state
1332	relating to anatomical gifts and the need for anatomical gifts.
1333	(1)  The program is to be implemented with the assistance
1334	of the organ and tissue donor education panel as provided in s.
1335	765.5216 and with the funds collected under ss. 320.08047 and
1336	322.08(6)(a)(b). Existing community resources, when available,
1337	must be used to support the program, and volunteers may assist
1338	the program to the maximum extent possible. The Agency for
1339	Health Care Administration may contract for the provision of all
1340	or any portion of the program. When awarding such contract, the
1341	agency shall give priority to existing nonprofit groups that are
1342	located within the community, including within the minority
1343	communities specified in subsection (2). The program aimed at
1344	educating medical professionals may be implemented by contract
1345	with one or more medical schools located in the state.
1346	Section 40.  Subsection (1) of section 765.5216, Florida
1347	Statutes, is amended to read:
1348	765.5216  Organ and tissue donor education panel.--
1349	(1)  The Legislature recognizes that there exists in the
1350	state a shortage of organ and tissue donors to provide the
1351	organs and tissue that could save lives or enhance the quality
1352	of life for many Floridians. The Legislature further recognizes
1353	the need to encourage the various minority populations of
1354	Florida to donate organs and tissue. It is the intent of the
1355	Legislature that the funds collected pursuant to ss. 320.08047
1356	and 322.08(6)(a)(b) be used for educational purposes aimed at
1357	increasing the number of organ and tissue donors, thus affording
1358	more Floridians who are awaiting organ or tissue transplants the
1359	opportunity for a full and productive life.
1360	Section 41.  Except as otherwise expressly provided in this
1361	act and except for this section , which shall take effect upon
1362	this act becoming a law, this act shall take effect July 1,
1363	2008.
1364
1365
1366	-----------------------------------------------------
1367	T I T L E  A M E N D M E N T
1368	Remove the entire title and insert:
1369	A bill to be entitled
1370	An act relating to state infrastructure; amending s.
1371	17.61, F.S.; removing the DUI Programs Coordination Trust
1372	Fund from the list of funds invested by the Chief
1373	Financial Officer; reenacting and amending s. 20.24, F.S.,
1374	relating to the establishment of the Department of Highway
1375	Safety and Motor Vehicles pursuant to the provisions of
1376	the Florida Government Accountability Act; removing a
1377	provision for the Bureau of Motor Vehicle Inspection;
1378	amending s. 215.20, F.S.; removing the DUI Programs
1379	Coordination Trust Fund from the list of funds subject to
1380	a specified service charge; amending s. 252.372, F.S.;
1381	revising provisions for a surcharge on certain insurance
1382	policies; removing a provision directing the proceeds of
1383	the surcharge be deposited into the Emergency Management,
1384	Preparedness, and Assistance Trust Fund; amending s.
1385	290.047, F.S.; revising provisions for certain procurement
1386	procedures developed by the Department of Community
1387	Affairs for eligible local governments under the Florida
1388	Small Cities Community Development Block Grant Program;
1389	providing that such procurement procedures may not exceed
1390	specified federal requirements; amending s. 316.251, F.S.;
1391	conforming a cross-reference to changes made by the act;
1392	amending s. 318.18, F.S.; revising the amount of a penalty
1393	for failure to pay specified penalties for certain traffic
1394	infractions; providing for distribution of the increased
1395	amount collected; amending s. 319.001, F.S.; defining the
1396	term "certificate of title"; amending s. 319.001, F.S.;
1397	defining the term "certificate of title"; amending s.
1398	319.40, F.S.; authorizing the issuance of electronic motor
1399	vehicle titles in lieu of paper motor vehicle titles;
1400	authorizing the department to collect and use e-mail
1401	addresses of motor vehicle owners and registrants as a
1402	notification method; amending s. 320.02, F.S.; removing a
1403	requirement for a motorcycle endorsement at the time of
1404	original registration of a motorcycle, motor-driven cycle,
1405	or moped; amending s. 320.06, F.S.; providing for
1406	distribution of certain moneys collected relating to
1407	registration of motor vehicles and mobile homes; amending
1408	s. 320.08, F.S.; revises uses of certain motorcycle and
1409	moped license tax fees; amending ss. 320.0805 and
1410	320.08056, F.S.; providing for disposition of certain
1411	specialty license plate processing fees; amending s.
1412	320.203, F.S., relating to disposition of biennial license
1413	tax moneys; conforming provisions to changes made by the
1414	act; amending s. 320.95, F.S.; authorizing the department
1415	to collect and use e-mail addresses of motor vehicle
1416	owners and registrants as a notification method; amending
1417	s. 322.01, F.S.; defining the term "convenience service"
1418	for purposes of transactions with the department; revising
1419	the definition of the term "conviction" to provide for
1420	application to offenses committed by a person holding a
1421	commercial driver's license; revising the definition of
1422	the terms "hazardous materials" and "out-of-service
1423	order"; amending s. 322.025, F.S.; revising provisions for
1424	funding of certain driver improvement programs; amending
1425	s. 322.0255, F.S.; eliminating requirements for motorcycle
1426	safety education course reimbursements; amending s.
1427	322.03, F.S.; removing provisions for issuance of a
1428	license valid in Florida only; prohibiting a person from
1429	holding more than one driver's license; authorizing use of
1430	such licenses until next renewal; amending s. 322.051,
1431	F.S.; revising requirements for application for issuance
1432	or renewal of an identification card; revising provisions
1433	providing for the expiration of an identification card
1434	issued by the department; amending s. 322.08, F.S.;
1435	revising requirements for application for a driver's
1436	license; removing a provision requiring the application
1437	form to include language permitting a voluntary
1438	contribution for the Election Campaign Financing Trust
1439	Fund; amending s. 322.14, F.S.; revising provisions for
1440	content of a driver's license; requiring the license to
1441	contain the licensee's residence address; removing a
1442	requirement that the license contain the licensee's
1443	mailing address; amending s. 322.15, F.S.; authorizing a
1444	law enforcement officer or authorized representative of
1445	the department to collect a person's fingerprints
1446	electronically; amending s. 322.17, F.S.; revising the
1447	requirements for obtaining a replacement license or
1448	permit; deleting provisions authorizing the department to
1449	issue address stickers; amending s. 322.18, F.S.; revising
1450	provisions providing for the expiration and renewal of
1451	driver's licenses; providing for the renewal of certain
1452	licenses every 8 years; conforming cross-references;
1453	providing for the renewal of licenses using a convenience
1454	service; requiring the department to issue new licenses
1455	rather than extension stickers; repealing s. 322.181,
1456	F.S., relating to a study of effects of aging on driving
1457	ability; eliminating the Florida At-Risk Driver Council;
1458	amending s. 322.19, F.S.; revising provisions for a
1459	licensee changing address; removing a provision for the
1460	licensee to request a change-of-address sticker;
1461	conforming cross-references; amending s. 322.21, F.S.;
1462	increasing the service fees for reinstating a suspended or
1463	revoked driver's license or commercial motor vehicle
1464	license; revising provisions for distribution and use of
1465	the funds received; amending s. 322.271, F.S.; authorizing
1466	the department to waive the hearing process for a person
1467	whose license has been suspended, cancelled, or revoked;
1468	providing exceptions; amending s. 322.293, F.S.; requiring
1469	that DUI programs be administered by the department and
1470	paid for by revenues collected by such programs; providing
1471	that such revenues be deposited into the Highway Safety
1472	Operating Trust Fund; amending s. 328.30, F.S.;
1473	authorizing the use of electronic mail for distribution of
1474	vessel titles; authorizing the department to collect and
1475	use e-mail addresses of vessel owners and registrants as a
1476	notification method; amending s. 328.80, F.S.; authorizing
1477	the department to accept certain applications by
1478	electronic or telephonic means; authorizing the department
1479	to collect and use e-mail addresses of vessel owners and
1480	registrants as a notification method; amending s. 334.044,
1481	F.S.; revising duties of the Department of Transportation;
1482	revising certain roadside beautification provisions;
1483	amending s. 338.2216, F.S.; providing contract bid
1484	requirements for fuel and food on the turnpike system;
1485	amending s. 339.135, F.S.; providing for use of
1486	transportation revenues; providing for revised funding
1487	levels for Department of Transportation projects; amending
1488	s. 501.976, F.S.; conforming cross-references to changes
1489	made by the act; amending s. 553.75, F.S.; authorizing the
1490	Building Code Commission to utilize communications media
1491	technology to conduct meetings; amending ss. 765.5215 and
1492	765.5216, F.S.; conforming a cross-reference; providing
1493	effective dates.

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