| 1 | A bill to be entitled | 
| 2 | An act relating to driver's license fees; amending s. | 
| 3 | 318.15, F.S.; increasing the nonrefundable service charge | 
| 4 | paid to the Department of Highway Safety and Motor | 
| 5 | Vehicles or to the clerk of the court to reinstate a | 
| 6 | suspended driver's license and privilege to drive; | 
| 7 | providing for distribution and use of moneys collected; | 
| 8 | directing a portion of the moneys collected to be used to | 
| 9 | recruit and retain officers of the Florida Highway Patrol; | 
| 10 | amending s. 318.18, F.S.; increasing the additional civil | 
| 11 | penalty for late payment of civil traffic penalties; | 
| 12 | providing for distribution and use of moneys collected; | 
| 13 | directing a portion of the moneys collected to be used to | 
| 14 | recruit and retain officers of the Florida Highway Patrol; | 
| 15 | amending s. 322.21, F.S.; increasing the service fees for | 
| 16 | reinstating a suspended or revoked driver's license or | 
| 17 | commercial motor vehicle license; revising provisions for | 
| 18 | distribution and use of the funds received; requiring that | 
| 19 | a certain amount of the funds be used to recruit and | 
| 20 | retain officers of the Florida Highway Patrol; amending s. | 
| 21 | 322.29, F.S., relating to the surrender and return of a | 
| 22 | license; conforming provisions to changes made by the act; | 
| 23 | providing an effective date. | 
| 24 | 
 | 
| 25 | Be It Enacted by the Legislature of the State of Florida: | 
| 26 | 
 | 
| 27 | Section 1.  Subsection (2) of section 318.15, Florida | 
| 28 | Statutes, is amended to read: | 
| 29 | 318.15  Failure to comply with civil penalty or to appear; | 
| 30 | penalty; distribution of funds to the Florida Highway Patrol.-- | 
| 31 | (2)  After suspension of the driver's license and privilege | 
| 32 | to drive of a person under subsection (1), the license and | 
| 33 | privilege may not be reinstated until the person complies with | 
| 34 | all obligations and penalties imposed on him or her under s. | 
| 35 | 318.18 and presents to a driver license office a certificate of | 
| 36 | compliance issued by the court, together with a nonrefundable | 
| 37 | service charge of up to $60 $47.50imposed under s. 322.29, or | 
| 38 | presents a certificate of compliance and pays the aforementioned | 
| 39 | service charge of up to $60 $47.50to the clerk of the court or | 
| 40 | a driver licensing agent authorized in s. 322.135 clearing such | 
| 41 | suspension. Of the charge collected by the clerk of the court or | 
| 42 | driver licensing agent, $10 shall be remitted to the Department | 
| 43 | of Revenue to be deposited into the Highway Safety Operating | 
| 44 | Trust Fund and $12.50 shall be remitted to the Department of | 
| 45 | Revenue to be deposited into the Department of Highway Safety | 
| 46 | and Motor Vehicles Law Enforcement Trust Fund and shall be used | 
| 47 | to recruit and retain officers of the Florida Highway Patrol, | 
| 48 | which includes all career service levels of rank. Such person | 
| 49 | shall also be in compliance with requirements of chapter 322 | 
| 50 | prior to reinstatement. | 
| 51 | Section 2.  Paragraph (a) of subsection (8) of section | 
| 52 | 318.18, Florida Statutes, is amended to read: | 
| 53 | 318.18  Amount of penalties.--The penalties required for a | 
| 54 | noncriminal disposition pursuant to s. 318.14 or a criminal | 
| 55 | offense listed in s. 318.17 are as follows: | 
| 56 | (8)(a)  Any person who fails to comply with the court's | 
| 57 | requirements or who fails to pay the civil penalties specified | 
| 58 | in this section within the 30-day period provided for in s. | 
| 59 | 318.14 must pay an additional civil penalty of $20 $12, $2.50 of | 
| 60 | which must be remitted to the Department of Revenue for deposit | 
| 61 | in the General Revenue Fund, and$9.50 of which must be remitted | 
| 62 | to the Department of Revenue for deposit in the Highway Safety | 
| 63 | Operating Trust Fund, and $8 of which must be remitted to the | 
| 64 | Department of Revenue to be deposited into the Department of | 
| 65 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund. | 
| 66 | The portion of each additional fee imposed by this paragraph | 
| 67 | remitted to the Department of Highway Safety and Motor Vehicles | 
| 68 | Law Enforcement Trust Fund shall be used to recruit and retain | 
| 69 | officers of the Florida Highway Patrol, which includes all | 
| 70 | career service levels of rank. The department shall contract | 
| 71 | with the Florida Association of Court Clerks, Inc., to design, | 
| 72 | establish, operate, upgrade, and maintain an automated statewide | 
| 73 | Uniform Traffic Citation Accounting System to be operated by the | 
| 74 | clerks of the court which shall include, but not be limited to, | 
| 75 | the accounting for traffic infractions by type, a record of the | 
| 76 | disposition of the citations, and an accounting system for the | 
| 77 | fines assessed and the subsequent fine amounts paid to the | 
| 78 | clerks of the court. On or before December 1, 2001, the clerks | 
| 79 | of the court must provide the information required by this | 
| 80 | chapter to be transmitted to the department by electronic | 
| 81 | transmission pursuant to the contract. | 
| 82 | Section 3.  Section 322.21, Florida Statutes, is amended to | 
| 83 | read: | 
| 84 | 322.21  License fees; procedure for handling and collecting | 
| 85 | fees; distribution of funds to the highway patrol.-- | 
| 86 | (1)  Except as otherwise provided herein, the fee for: | 
| 87 | (a)  An original or renewal commercial driver's license is | 
| 88 | $50, which shall include the fee for driver education provided | 
| 89 | by s. 1003.48; however, if an applicant has completed training | 
| 90 | and is applying for employment or is currently employed in a | 
| 91 | public or nonpublic school system that requires the commercial | 
| 92 | license, the fee shall be the same as for a Class E driver's | 
| 93 | license. A delinquent fee of $1 shall be added for a renewal | 
| 94 | made not more than 12 months after the license expiration date. | 
| 95 | (b)  An original Class E driver's license is $20, which | 
| 96 | shall include the fee for driver's education provided by s. | 
| 97 | 1003.48; however, if an applicant has completed training and is | 
| 98 | applying for employment or is currently employed in a public or | 
| 99 | nonpublic school system that requires a commercial driver | 
| 100 | license, the fee shall be the same as for a Class E license. | 
| 101 | (c)  The renewal or extension of a Class E driver's license | 
| 102 | or of a license restricted to motorcycle use only is $15, except | 
| 103 | that a delinquent fee of $1 shall be added for a renewal or | 
| 104 | extension made not more than 12 months after the license | 
| 105 | expiration date. The fee provided in this paragraph shall | 
| 106 | include the fee for driver's education provided by s. 1003.48. | 
| 107 | (d)  An original driver's license restricted to motorcycle | 
| 108 | use only is $20, which shall include the fee for driver's | 
| 109 | education provided by s. 1003.48. | 
| 110 | (e)  Each endorsement required by s. 322.57 is $5. | 
| 111 | (f)  A hazardous-materials endorsement, as required by s. | 
| 112 | 322.57(1)(d), shall be set by the department by rule and shall | 
| 113 | reflect the cost of the required criminal history check, | 
| 114 | including the cost of the state and federal fingerprint check, | 
| 115 | and the cost to the department of providing and issuing the | 
| 116 | license. The fee shall not exceed $100. This fee shall be | 
| 117 | deposited in the Highway Safety Operating Trust Fund. The | 
| 118 | department may adopt rules to administer this section. | 
| 119 | (2)  It is the duty of the Director of the Division of | 
| 120 | Driver Licenses to set up a division in the department with the | 
| 121 | necessary personnel to perform the necessary clerical and | 
| 122 | routine work for the department in issuing and recording | 
| 123 | applications, licenses, and certificates of eligibility, | 
| 124 | including the receiving and accounting of all license funds and | 
| 125 | their payment into the State Treasury, and other incidental | 
| 126 | clerical work connected with the administration of this chapter. | 
| 127 | The department is authorized to use such electronic, mechanical, | 
| 128 | or other devices as necessary to accomplish the purposes of this | 
| 129 | chapter. | 
| 130 | (3)  The department shall prepare sufficient forms for | 
| 131 | certificates of eligibility, applications, notices, and license | 
| 132 | materials to supply all applicants for driver's licenses and all | 
| 133 | renewal licenses. | 
| 134 | (4)  If the department determines from its records or is | 
| 135 | otherwise satisfied that the holder of a license about to expire | 
| 136 | is entitled to have it renewed, the department shall mail a | 
| 137 | renewal notice to him or her at his or her last known address, | 
| 138 | not less than 30 days prior to the licensee's birthday. The | 
| 139 | licensee shall be issued a renewal license, after reexamination, | 
| 140 | if required, during the 30 days immediately preceding his or her | 
| 141 | birthday upon presenting a renewal notice, his or her current | 
| 142 | license, and the fee for renewal to the department at any | 
| 143 | driver's license examining office. | 
| 144 | (5)  The department shall collect and transmit all fees | 
| 145 | received by it under this section to the Chief Financial Officer | 
| 146 | to be placed in the General Revenue Fund of the state, and | 
| 147 | sufficient funds for the necessary expenses of the department | 
| 148 | shall be included in the appropriations act. The fees shall be | 
| 149 | used for the maintenance and operation of the department. | 
| 150 | (6)  Any member of the Armed Forces or his or her spouse, | 
| 151 | daughter, son, stepdaughter, or stepson, who holds a Florida | 
| 152 | driver's license and who presents an affidavit showing that he | 
| 153 | or she was out of the state due to service in the Armed Forces | 
| 154 | of the United States at the time of license expiration is exempt | 
| 155 | from paying the delinquent fee, if the application for renewal | 
| 156 | is made within 15 months after the expiration of his or her | 
| 157 | license and within 90 days after the date of discharge or | 
| 158 | transfer to a military or naval establishment in this state as | 
| 159 | shown in the affidavit. However, such a person is not exempt | 
| 160 | from any reexamination requirement. | 
| 161 | (7)  Any veteran honorably discharged from the Armed Forces | 
| 162 | who has been issued a valid identification card by the | 
| 163 | Department of Veterans' Affairs in accordance with s. 295.17, or | 
| 164 | has been determined by the United States Department of Veterans | 
| 165 | Affairs or its predecessor to have a 100-percent total and | 
| 166 | permanent service-connected disability rating for compensation, | 
| 167 | or has been determined to have a service-connected total and | 
| 168 | permanent disability rating of 100 percent and is in receipt of | 
| 169 | disability retirement pay from any branch of the United States | 
| 170 | Armed Services, and who is qualified to obtain a driver's | 
| 171 | license under this chapter is exempt from all fees required by | 
| 172 | this section. | 
| 173 | (8)  Any person who applies for reinstatement following the | 
| 174 | suspension or revocation of the person's driver's license shall | 
| 175 | pay a service fee of $45 $35following a suspension, and $75$60  | 
| 176 | following a revocation, which is in addition to the fee for a | 
| 177 | license. Any person who applies for reinstatement of a | 
| 178 | commercial driver's license following the disqualification of | 
| 179 | the person's privilege to operate a commercial motor vehicle | 
| 180 | shall pay a service fee of $75 $60, which is in addition to the | 
| 181 | fee for a license. The department shall collect all of these | 
| 182 | fees at the time of reinstatement. The department shall issue | 
| 183 | proper receipts for such fees and shall promptly transmit all | 
| 184 | funds received by it as follows: | 
| 185 | (a)  Of the $45 $35fee received from a licensee for | 
| 186 | reinstatement following a suspension, the department shall | 
| 187 | deposit $15 in the General Revenue Fund, and$20 in the Highway | 
| 188 | Safety Operating Trust Fund, and $10 in the Department of | 
| 189 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund. | 
| 190 | (b)  Of the $75 $60fee received from a licensee for | 
| 191 | reinstatement following a revocation or disqualification, the | 
| 192 | department shall deposit $35 in the General Revenue Fund, and  | 
| 193 | $25 in the Highway Safety Operating Trust Fund, and $15 in the | 
| 194 | Department of Highway Safety and Motor Vehicles Law Enforcement | 
| 195 | Trust Fund. | 
| 196 | (c)  The driver's license reinstatement fee that is | 
| 197 | deposited into the Department of Highway Safety and Motor | 
| 198 | Vehicles Law Enforcement Trust Fund shall be used to recruit and | 
| 199 | retain officers of the Florida Highway Patrol, which includes | 
| 200 | all career service levels of rank. | 
| 201 | 
 | 
| 202 | If the revocation or suspension of the driver's license was for | 
| 203 | a violation of s. 316.193, or for refusal to submit to a lawful | 
| 204 | breath, blood, or urine test, an additional fee of $130 $115  | 
| 205 | must be charged. However, only one $130 $115fee may be | 
| 206 | collected from one person convicted of violations arising out of | 
| 207 | the same incident. The department shall collect the $130 $115  | 
| 208 | fee and deposit $115 of the fee into the Highway Safety | 
| 209 | Operating Trust Fund and $15 of the fee into the Department of | 
| 210 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund at | 
| 211 | the time of reinstatement of the person's driver's license, but | 
| 212 | the fee may not be collected if the suspension or revocation is | 
| 213 | overturned. If the revocation or suspension of the driver's | 
| 214 | license was for a conviction for a violation of s. 817.234(8) or | 
| 215 | (9) or s. 817.505, an additional fee of $180 is imposed for each | 
| 216 | offense. The department shall collect and deposit the additional | 
| 217 | fee into the Highway Safety Operating Trust Fund at the time of | 
| 218 | reinstatement of the person's driver's license. The portion of | 
| 219 | each additional fee imposed by this subsection remitted to the | 
| 220 | Department of Highway Safety and Motor Vehicles Law Enforcement | 
| 221 | Trust Fund shall be used to recruit and retain officers of the | 
| 222 | Florida Highway Patrol, which includes all career service levels | 
| 223 | of rank. | 
| 224 | Section 4.  Subsection (2) of section 322.29, Florida | 
| 225 | Statutes, is amended to read: | 
| 226 | 322.29  Surrender and return of license.-- | 
| 227 | (2)  The provisions of subsection (1) to the contrary | 
| 228 | notwithstanding, no examination is required for the return of a | 
| 229 | license suspended under s. 318.15 or s. 322.245 unless an | 
| 230 | examination is otherwise required by this chapter. Every person | 
| 231 | applying for the return of a license suspended under s. 318.15 | 
| 232 | or s. 322.245 shall present to the department certification from | 
| 233 | the court that he or she has complied with all obligations and | 
| 234 | penalties imposed on him or her pursuant to s. 318.15 or, in the | 
| 235 | case of a suspension pursuant to s. 322.245, that he or she has | 
| 236 | complied with all directives of the court and the requirements | 
| 237 | of s. 322.245 and shall pay to the department a nonrefundable | 
| 238 | service fee of $60 $47.50, of which $37.50 shall be deposited | 
| 239 | into the General Revenue Fund, and$10 shall be deposited into | 
| 240 | the Highway Safety Operating Trust Fund, and $12.50 shall be | 
| 241 | deposited into the Department of Highway Safety and Motor | 
| 242 | Vehicles Law Enforcement Trust Fund. If reinstated by the clerk | 
| 243 | of the court or tax collector, $37.50 shall be retained, and$10 | 
| 244 | shall be remitted to the Department of Revenue for deposit into | 
| 245 | the Highway Safety Operating Trust Fund, and $12.50 shall be | 
| 246 | remitted to the Department of Revenue for deposit into the | 
| 247 | Department of Highway Safety and Motor Vehicles Law Enforcement | 
| 248 | Trust Fund. However, the service fee is not required if the | 
| 249 | person is required to pay a $45 $35fee or a $75$60fee under | 
| 250 | the provisions of s. 322.21. The portion of each additional fee | 
| 251 | imposed by this subsection remitted to the Department of Highway | 
| 252 | Safety and Motor Vehicles Law Enforcement Trust Fund shall be | 
| 253 | used to recruit and retain officers of the Florida Highway | 
| 254 | Patrol, which includes all career service levels of rank. | 
| 255 | Section 5.  This act shall take effect July 1, 2008. |