CS/HB 971

1
A bill to be entitled
2An act relating to highway safety and motor vehicles;
3amending s. 316.159, F.S.; requiring that drivers of
4certain commercial motor vehicles slow before crossing a
5railroad grade crossing; amending s. 316.2952, F.S.;
6authorizing certain satellite reception devices to be
7attached to the windshield of a motor vehicle; amending s.
8316.29545, F.S., relating to window sunscreening
9exclusions; excluding vehicles operated by persons with
10certain medical conditions from certain restrictions;
11excluding vehicles owned or leased by private
12investigative services from certain restrictions when used
13in specified activities; providing rulemaking authority to
14the Department of Highway Safety and Motor Vehicles
15regarding sunscreening restrictions; amending s. 316.646,
16F.S.; directing the Department of Highway Safety and Motor
17Vehicles to suspend the registration and driver's license
18of a person convicted of failure to maintain required
19security on a motor vehicle; amending s. 318.14, F.S.;
20providing procedures for disposition of a citation for
21violating specified learner's driver's license
22restrictions; removing an erroneous reference; removing a
23requirement that a person who commits a noncriminal
24traffic infraction be cited to appear before an official;
25requiring a person who commits a traffic violation
26requiring a hearing or a criminal traffic violation to
27sign and accept a citation indicating a promise to appear
28for a hearing; providing penalties; providing for certain
29persons cited for specified offenses to provide proof of
30compliance to a designated official; providing alternative
31citation disposition procedures for the offense of
32operating a motor vehicle with a license that has been
33suspended for failure to pay certain financial obligations
34or to comply with specified education requirements;
35amending s. 320.071, F.S.; revising the time period during
36which the owner of an apportioned motor vehicle may file
37an application for renewal of registration; amending s.
38320.0807, F.S.; revising provisions governing the special
39license plates issued to federal and state legislators;
40amending s. 320.084, F.S.; providing for a biennial
41registration renewal period for disabled veteran license
42plates; amending s. 321.03, F.S.; providing that it is
43unlawful to possess or color or cause to be colored a
44motor vehicle or motorcycle of the same or similar color
45as those prescribed for the Florida Highway Patrol unless
46specifically authorized by the Florida Highway Patrol;
47amending s. 321.05, F.S.; providing that officers of the
48Florida Highway Patrol have the same arrest and other
49authority as that provided for certain other state law
50enforcement officers; amending s. 322.121, F.S.; revising
51legislative intent for reexamination of licensed drivers
52upon the renewal of the driver's license; removing a
53requirement that each licensee must pass a reexamination
54at the time of license renewal; amending s. 322.18, F.S.;
55providing that a person issued a driver's license using
56proof of nonimmigrant classification under specified
57provisions is not eligible to renew that license;
58authorizing a licensed physician at a federally
59established veterans' hospital to administer a vision test
60for purposes of renewing a driver's license; conforming a
61cross-reference; amending s. 322.2615, F.S.; revising
62requirements for information an officer must submit to the
63department after suspending a driver's license for certain
64DUI offenses; removing a requirement that the officer
65submit a copy of a crash report; authorizing the officer
66to submit such report; amending s. 322.34, F.S.; providing
67that if a person does not hold a commercial driver's
68license and is cited for an offense of knowingly driving
69while his or her license is suspended, revoked, or
70canceled for specified offenses, he or she may, in lieu of
71payment of a fine or court appearance, elect to enter a
72plea of nolo contendere and provide proof of compliance to
73the clerk of the court, designated official, or authorized
74operator of a traffic violations bureau; limiting a
75driver's option to elect such a remedy; amending s.
76322.61, F.S.; revising the period of disqualification from
77operating a commercial motor vehicle for a violation of an
78out-of-service order; amending s. 488.06, F.S.; specifying
79additional circumstances under which the department may
80suspend or revoke a license or certificate of a driving
81school; providing an effective date.
82
83Be It Enacted by the Legislature of the State of Florida:
84
85     Section 1.  Section 316.159, Florida Statutes, is amended
86to read:
87     316.159  Certain vehicles to stop or slow at all railroad
88grade crossings.-
89     (1)  The driver of any motor vehicle carrying passengers
90for hire, excluding taxicabs, of any school bus carrying any
91school child, or of any vehicle carrying explosive substances or
92flammable liquids as a cargo or part of a cargo, before crossing
93at grade any track or tracks of a railroad, shall stop such
94vehicle within 50 feet but not less than 15 feet from the
95nearest rail of the railroad and, while so stopped, shall listen
96and look in both directions along the track for any approaching
97train, and for signals indicating the approach of a train,
98except as hereinafter provided, and shall not proceed until he
99or she can do so safely. After stopping as required herein and
100upon proceeding when it is safe to do so, the driver of any such
101vehicle shall cross only in a gear of the vehicle so that there
102will be no necessity for changing gears while traversing the
103crossing, and the driver shall not shift gears while crossing
104the track or tracks.
105     (2)  No stop need be made at any such crossing where a
106police officer, a traffic control signal, or a sign directs
107traffic to proceed. However, any school bus carrying any school
108child shall be required to stop unless directed to proceed by a
109police officer.
110     (3)  The driver of any commercial motor vehicle that is not
111required to stop under subsection (1) or subsection (2) before
112crossing the track or tracks of any railroad grade crossing
113shall slow the motor vehicle and check that the tracks are clear
114of an approaching train.
115     (4)(3)  A violation of this section is a noncriminal
116traffic infraction, punishable as a moving violation as provided
117in chapter 318.
118     Section 2.  Paragraph (d) is added to subsection (2) of
119section 316.2952, Florida Statutes, to read:
120     316.2952  Windshields; requirements; restrictions.-
121     (2)  A person shall not operate any motor vehicle on any
122public highway, road, or street with any sign, sunscreening
123material, product, or covering attached to, or located in or
124upon, the windshield, except the following:
125     (d)  A global positioning system device or similar
126satellite receiver device which uses the global positioning
127system operated pursuant to 10 U.S.C. s. 2281 for the purpose of
128obtaining navigation or routing information while the motor
129vehicle is being operated.
130     Section 3.  Section 316.29545, Florida Statutes, is amended
131to read:
132     316.29545  Window sunscreening exclusions; medical
133exemption; certain law enforcement vehicles and private
134investigative service vehicles exempt.-
135     (1)  The department shall issue medical exemption
136certificates to persons who are afflicted with Lupus, any
137autoimmune disease, or other similar medical conditions which
138require a limited exposure to light, which certificates shall
139entitle the person to whom the certificate is issued to have
140sunscreening material on the windshield, side windows, and
141windows behind the driver which is in violation of the
142requirements of ss. 316.2951-316.2957. The department shall
143consult with the Medical Advisory Board established in s.
144322.125 to provide guidance with respect to the autoimmune
145diseases and other medical conditions which shall be included
146on, by rule, for the form of the medical certificate authorized
147by this section. At a minimum, the medical exemption certificate
148shall include a vehicle description with the make, model, year,
149vehicle identification number, medical exemption decal number
150issued for the vehicle, and the name of the person or persons
151who are the registered owners of the vehicle. A medical
152exemption certificate shall be nontransferable and shall become
153null and void upon the sale or transfer of the vehicle
154identified on the certificate.
155     (2)  The department shall exempt all law enforcement
156vehicles used in undercover or canine operations from the window
157sunscreening requirements of ss. 316.2951-316.2957.
158     (3)  The department shall exempt from the window
159sunscreening restrictions of ss. 316.2953, 316.2954, and
160316.2956 vehicles that are owned or leased by private
161investigative agencies licensed under chapter 493.
162     (4)(3)  The department may charge a fee in an amount
163sufficient to defray the expenses of issuing a medical exemption
164certificate as described in subsection (1).
165     (5)  The department is authorized to promulgate rules for
166the implementation of this section.
167     Section 4.  Subsection (3) of section 316.646, Florida
168Statutes, is amended to read:
169     316.646  Security required; proof of security and display
170thereof; dismissal of cases.-
171     (3)  Any person who violates this section commits a
172nonmoving traffic infraction subject to the penalty provided in
173chapter 318 and shall be required to furnish proof of security
174as provided in this section. If any person charged with a
175violation of this section fails to furnish proof, at or before
176the scheduled court appearance date, that security was in effect
177at the time of the violation, the court shall, upon conviction,
178notify the department to may immediately suspend the
179registration and driver's license of such person. If the court
180fails to order the suspension of the person's registration and
181driver's license for a conviction of this section at the time of
182sentencing, the department shall, upon receiving notice of the
183conviction from the court, suspend the person's registration and
184driver's license for the violation of this section. Such license
185and registration may be reinstated only as provided in s.
186324.0221.
187     Section 5.  Subsections (1), (2), (3), and (10) of section
188318.14, Florida Statutes, are amended to read:
189     318.14  Noncriminal traffic infractions; exception;
190procedures.-
191     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
192person cited for a violation of chapter 316, s. 320.0605, s.
193320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
194(3), s. 322.1615 s. 322.161(5), s. 322.19, or s. 1006.66(3) is
195charged with a noncriminal infraction and must be cited for such
196an infraction and cited to appear before an official. If another
197person dies as a result of the noncriminal infraction, the
198person cited may be required to perform 120 community service
199hours under s. 316.027(4), in addition to any other penalties.
200     (2)  Except as provided in s. 316.1001(2), any person cited
201for a violation requiring a mandatory hearing listed in s.
202318.19 or any other criminal traffic violation listed in chapter
203316 an infraction under this section must sign and accept a
204citation indicating a promise to appear. The officer may
205indicate on the traffic citation the time and location of the
206scheduled hearing and must indicate the applicable civil penalty
207established in s. 318.18.
208     (3)  Any person who willfully refuses to accept and sign a
209summons as provided in subsection (2) commits is guilty of a
210misdemeanor of the second degree.
211     (10)(a)  Any person who does not hold a commercial driver's
212license and who is cited for an offense listed under this
213subsection may, in lieu of payment of fine or court appearance,
214elect to enter a plea of nolo contendere and provide proof of
215compliance to the clerk of the court, designated official, or
216authorized operator of a traffic violations bureau. In such
217case, adjudication shall be withheld; however, no election shall
218be made under this subsection if such person has made an
219election under this subsection in the 12 months preceding
220election hereunder. No person may make more than three elections
221under this subsection. This subsection applies to the following
222offenses:
223     1.  Operating a motor vehicle without a valid driver's
224license in violation of the provisions of s. 322.03, s. 322.065,
225or s. 322.15(1), or operating a motor vehicle with a license
226that which has been suspended for failure to appear, failure to
227pay civil penalty, or failure to attend a driver improvement
228course pursuant to s. 322.291.
229     2.  Operating a motor vehicle without a valid registration
230in violation of s. 320.0605, s. 320.07, or s. 320.131.
231     3.  Operating a motor vehicle in violation of s. 316.646.
232     4.  Operating a motor vehicle with a license that has been
233suspended under s. 61.13016 or s. 322.245 for failure to pay
234child support or for failure to pay any other financial
235obligation as provided in s. 322.245; however, this subsection
236does not apply if the license has been suspended pursuant to s.
237322.245(1).
238     5.  Operating a motor vehicle with a license that has been
239suspended under s. 322.091 for failure to meet school attendance
240requirements.
241     (b)  Any person cited for an offense listed in this
242subsection shall present proof of compliance prior to the
243scheduled court appearance date. For the purposes of this
244subsection, proof of compliance shall consist of a valid,
245renewed, or reinstated driver's license or registration
246certificate and proper proof of maintenance of security as
247required by s. 316.646. Notwithstanding waiver of fine, any
248person establishing proof of compliance shall be assessed court
249costs of $25, except that a person charged with violation of s.
250316.646(1)-(3) may be assessed court costs of $8. One dollar of
251such costs shall be remitted to the Department of Revenue for
252deposit into the Child Welfare Training Trust Fund of the
253Department of Children and Family Services. One dollar of such
254costs shall be distributed to the Department of Juvenile Justice
255for deposit into the Juvenile Justice Training Trust Fund.
256Fourteen dollars of such costs shall be distributed to the
257municipality and $9 shall be deposited by the clerk of the court
258into the fine and forfeiture fund established pursuant to s.
259142.01, if the offense was committed within the municipality. If
260the offense was committed in an unincorporated area of a county
261or if the citation was for a violation of s. 316.646(1)-(3), the
262entire amount shall be deposited by the clerk of the court into
263the fine and forfeiture fund established pursuant to s. 142.01,
264except for the moneys to be deposited into the Child Welfare
265Training Trust Fund and the Juvenile Justice Training Trust
266Fund. This subsection shall not be construed to authorize the
267operation of a vehicle without a valid driver's license, without
268a valid vehicle tag and registration, or without the maintenance
269of required security.
270     Section 6.  Paragraph (b) of subsection (1) of section
271320.071, Florida Statutes, is amended to read:
272     320.071  Advance registration renewal; procedures.-
273     (1)
274     (b)  The owner of any apportioned motor vehicle currently
275registered in this state may file an application for renewal of
276registration with the department any time during the 3 5 months
277preceding the date of expiration of the registration period.
278     Section 7.  Subsections (1) and (2) of section 320.0807,
279Florida Statutes, are amended to read:
280     320.0807  Special license plates for Governor and federal
281and state legislators.-
282     (1)  Upon application by any member of the House of
283Representatives of Congress and payment of the fees prescribed
284by s. 320.0805, the department is authorized to issue to such
285Member of Congress a license plate stamped "Member of Congress"
286followed by the number of the appropriate congressional district
287and the letters "MC," or any other configuration chosen by the
288member which is not already in use. Upon application by a United
289States Senator and payment of the fees prescribed by s.
290320.0805, the department is authorized to issue a license plate
291stamped "USS," followed by the numeral II in the case of the
292junior senator.
293     (2)  Upon application by any member of the state House of
294Representatives and payment of the fees prescribed by s.
295320.0805, the department is authorized to issue such state
296representative license plates stamped in bold letters "State
297Legislator," followed by the number of the appropriate House of
298Representatives district and the letters "HR," or any other
299configuration chosen by the member which is not already in use
300on one plate; the numbers of the other plates will be assigned
301by the department. Upon application by a state senator and
302payment of the fees prescribed by s. 320.0805, the department is
303authorized to issue license plates stamped in bold letters
304"State Senator," followed by the number of the appropriate
305Senate district and the letters "SS," or any other configuration
306chosen by the member which is not already in use on one plate;
307the numbers of the other plates will be assigned by the
308department.
309     Section 8.  Subsection (4) of section 320.084, Florida
310Statutes, is amended to read:
311     320.084  Free motor vehicle license plate to certain
312disabled veterans.-
313     (4)(a)  With the issuance of each new permanent "DV"
314numerical motor vehicle license plate, the department shall
315initially issue, without cost to the applicant, a validation
316sticker reflecting the owner's birth month and a serially
317numbered validation sticker reflecting the year of expiration.
318The initial sticker reflecting the year of expiration may not
319exceed 27 15 months.
320     (b)  There shall be a service charge in accordance with the
321provisions of s. 320.04 for each initial application or renewal
322of registration and an additional sum of 50 cents on each
323license plate and validation sticker as provided in s.
324320.06(3)(b).
325     (c)  Registration under this section shall be renewed
326annually or biennially during the applicable renewal period on
327forms prescribed by the department, which shall include, in
328addition to any other information required by the department, a
329certified statement as to the continued eligibility of the
330applicant to receive the special "DV" license plate. Any
331applicant who falsely or fraudulently submits to the department
332the certified statement required by this paragraph is guilty of
333a noncriminal violation and is subject to a civil penalty of
334$50.
335     Section 9.  Section 321.03, Florida Statutes, is amended to
336read:
337     321.03  Imitations prohibited; penalty.-Unless specifically
338authorized by the Florida Highway Patrol, a it shall be unlawful
339for any person or persons in the state shall not to color or
340cause to be colored any motor vehicle or motorcycle the same or
341similar color as the color or colors so prescribed for the
342Florida Highway Patrol. A Any person who violates violating any
343of the provisions of this section or s. 321.02 with respect to
344uniforms, emblems, motor vehicles and motorcycles commits shall
345be guilty of a misdemeanor of the first degree, punishable as
346provided in s. 775.082 or s. 775.083. The Department of Highway
347Safety and Motor Vehicles shall employ such clerical help and
348mechanics as may be necessary for the economical and efficient
349operation of such department.
350     Section 10.  Section 321.05, Florida Statutes, is amended
351to read:
352     321.05  Duties, functions, and powers of patrol officers.-
353The members of the Florida Highway Patrol are hereby declared to
354be conservators of the peace and law enforcement officers of the
355state, with the common-law right to arrest a person who, in the
356presence of the arresting officer, commits a felony or commits
357an affray or breach of the peace constituting a misdemeanor,
358with full power to bear arms; and they shall apprehend, without
359warrant, any person in the unlawful commission of any of the
360acts over which the members of the Florida Highway Patrol are
361given jurisdiction as hereinafter set out and deliver him or her
362to the sheriff of the county that further proceedings may be had
363against him or her according to law. In the performance of any
364of the powers, duties, and functions authorized by law, members
365of the Florida Highway Patrol shall have the same protections
366and immunities afforded other peace officers, which shall be
367recognized by all courts having jurisdiction over offenses
368against the laws of this state, and shall have authority to
369apply for, serve, and execute search warrants, arrest warrants,
370capias, and other process of the court in those matters in which
371patrol officers have primary responsibility as set forth in
372subsection (1). The patrol officers under the direction and
373supervision of the Department of Highway Safety and Motor
374Vehicles shall perform and exercise throughout the state the
375following duties, functions, and powers:
376     (1)  To patrol the state highways and regulate, control,
377and direct the movement of traffic thereon; to maintain the
378public peace by preventing violence on highways; to apprehend
379fugitives from justice; to enforce all laws now in effect
380regulating and governing traffic, travel, and public safety upon
381the public highways and providing for the protection of the
382public highways and public property thereon; to make arrests
383without warrant for the violation of any state law committed in
384their presence in accordance with the laws of this state;
385providing that no search shall be made unless it is incident to
386a lawful arrest, to regulate and direct traffic concentrations
387and congestions; to enforce laws governing the operation,
388licensing, and taxing and limiting the size, weight, width,
389length, and speed of vehicles and licensing and controlling the
390operations of drivers and operators of vehicles; to cooperate
391with officials designated by law to collect all state fees and
392revenues levied as an incident to the use or right to use the
393highways for any purpose; to require the drivers of vehicles to
394stop and exhibit their driver's licenses, registration cards, or
395documents required by law to be carried by such vehicles; to
396investigate traffic accidents, secure testimony of witnesses and
397of persons involved, and make report thereof with copy, when
398requested in writing, to any person in interest or his or her
399attorney; to investigate reported thefts of vehicles and to
400seize contraband or stolen property on or being transported on
401the highways. Each law enforcement officer is subject to and has
402the same arrest and other authority provided for law enforcement
403officers generally in chapter 901 and has statewide
404jurisdiction. Each officer also has arrest authority as provided
405for state law enforcement officers in s. 901.15. This section
406shall not be construed as being in conflict with, but is
407supplemental to, chapter 933.
408     (2)  To assist other constituted law enforcement officers
409of the state to quell mobs and riots, guard prisoners, and
410police disaster areas.
411     (3)(a)  To make arrests while in fresh pursuit of a person
412believed to have violated the traffic and other laws.
413     (b)  To make arrest of a person wanted for a felony or
414against whom a warrant has been issued on any charge in
415violation of federal, state, or county laws or municipal
416ordinances.
417     (4)(a)  All fines and costs and the proceeds of the
418forfeiture of bail bonds and recognizances resulting from the
419enforcement of this chapter by patrol officers shall be paid
420into the fine and forfeiture fund established pursuant to s.
421142.01 of the county where the offense is committed. In all
422cases of arrest by patrol officers, the person arrested shall be
423delivered forthwith by the said officer to the sheriff of the
424county, or he or she shall obtain from the such person arrested
425a recognizance or, if deemed necessary, a cash bond or other
426sufficient security conditioned for his or her appearance before
427the proper tribunal of the such county to answer the charge for
428which he or she has been arrested; and all fees accruing shall
429be taxed against the party arrested, which fees are hereby
430declared to be part of the compensation of the said sheriffs
431authorized to be fixed by the Legislature under s. 5(c), Art. II
432of the State Constitution, to be paid such sheriffs in the same
433manner as fees are paid for like services in other criminal
434cases. All patrol officers are hereby directed to deliver all
435bonds accepted and approved by them to the sheriff of the county
436in which the offense is alleged to have been committed. However,
437a no sheriff shall not be paid any arrest fee for the arrest of
438a person for violation of any section of chapter 316 when the
439arresting officer was transported in a Florida Highway Patrol
440car to the vicinity where the arrest was made; and a no sheriff
441shall not be paid any fee for mileage for himself or herself or
442a prisoner for miles traveled in a Florida Highway Patrol car. A
443No patrol officer is not shall be entitled to any fee or mileage
444cost except when responding to a subpoena in a civil cause or
445except when the such patrol officer is appearing as an official
446witness to testify at any hearing or law action in any court of
447this state as a direct result of his or her employment as a
448patrol officer during time not compensated as a part of his or
449her normal duties. Nothing herein shall be construed as limiting
450the power to locate and to take from any person under arrest or
451about to be arrested deadly weapons. Nothing contained in This
452section is not shall be construed as a limitation upon existing
453powers and duties of sheriffs or police officers.
454     (b)  Any person so arrested and released on his or her own
455recognizance by an officer and who fails shall fail to appear or
456respond to a notice to appear shall, in addition to the traffic
457violation charge, commits be guilty of a noncriminal traffic
458infraction subject to the penalty provided in s. 318.18(2).
459     (5)  The department may employ or assign some fit and
460suitable person with experience in the field of public relations
461who shall have the duty to promote, coordinate, and publicize
462the traffic safety activities in the state and assign such
463person to the office of the Governor at a salary to be fixed by
464the department. The person so assigned or employed shall be a
465member of the uniform division of the Florida Highway Patrol,
466and he or she shall have the pay and rank of lieutenant while on
467such assignment.
468     (6)  The Division of Florida Highway Patrol is authorized
469to adopt promulgate rules and regulations which may be necessary
470to implement the provisions of chapter 316.
471     Section 11.  Section 322.121, Florida Statutes, is amended
472to read:
473     322.121  Periodic reexamination of all drivers.-
474     (1)  It is the intent of the Legislature that all licensed
475drivers in Florida be reexamined upon renewal of their licenses.
476Because only a small percentage of drivers in the state are
477categorized as problem drivers, the Legislature intends that
478renewals the large number of drivers who have not had any
479convictions for the 3 years preceding renewal and whose driving
480privilege in this state has not been revoked, disqualified, or
481suspended at any time during the 7 years preceding renewal be
482processed expeditiously upon renewal of their licenses by
483examinations of the licensee's their eyesight and hearing only
484and that all other licensees be tested, in addition to the
485eyesight and hearing examinations, with respect to their ability
486to read and understand highway signs regulating, warning, and
487directing traffic.
488     (2)  Each licensee must pass a reexamination at the time of
489renewal, except as otherwise provided in this chapter. For each
490licensee whose driving record does not show any convictions for
491the preceding 3 years or any revocations, disqualifications, or
492suspensions for the preceding 7 years; and who, at the time of
493renewal, presents a renewal notice verifying such safe driving
494record, the reexamination shall consist of tests of the
495licensee's eyesight and hearing. For all other licensees, in
496addition to the eyesight and hearing tests, the reexamination
497must include tests of the ability to read and understand highway
498signs and pavement markings regulating, warning, and directing
499traffic.
500     (2)(3)  For each licensee whose driving record does not
501show any revocations, disqualifications, or suspensions for the
502preceding 7 years or any convictions for the preceding 3 years
503except for convictions of the following nonmoving violations:
504     (a)  Failure to exhibit a vehicle registration certificate,
505rental agreement, or cab card pursuant to s. 320.0605;
506     (b)  Failure to renew a motor vehicle or mobile home
507registration that has been expired for 4 months or less pursuant
508to s. 320.07(3)(a);
509     (c)  Operating a motor vehicle with an expired license that
510has been expired for 4 months or less pursuant to s. 322.065;
511     (d)  Failure to carry or exhibit a license pursuant to s.
512322.15(1); or
513     (e)  Failure to notify the department of a change of
514address or name within 10 days pursuant to s. 322.19,
515
516the department shall cause such licensee's license to be
517prominently marked with the notation "Safe Driver."
518     (3)(4)  Eyesight examinations must be administered as
519provided in s. 322.12.
520     (4)(5)  An examination fee may not be assessed for
521reexamination required by this section.
522     (5)(6)  Members of the Armed Forces, or their dependents
523residing with them, shall be granted an automatic extension for
524the expiration of their licenses without reexamination while
525serving on active duty outside this state. This extension is
526valid for 90 days after the member of the Armed Forces is either
527discharged or returns to this state to live.
528     (6)(7)  In addition to any other examination authorized by
529this section, an applicant for a renewal of a commercial
530driver's license may be required to complete successfully an
531examination of his or her knowledge regarding state and federal
532rules, regulations, and laws, governing the type of vehicle
533which he or she is applying to be licensed to operate.
534     (7)(8)  In addition to any other examination authorized by
535this section, an applicant for a renewal of an endorsement
536issued under s. 322.57(1)(a), (b), (d), (e), or (f) may be
537required to complete successfully an examination of his or her
538knowledge regarding state and federal rules, regulations, and
539laws, governing the type of vehicle which he or she is seeking
540an endorsement to operate.
541     Section 12.  Paragraph (c) is added to subsection (1) of
542section 322.18, Florida Statutes, and paragraph (a) of
543subsection (5) and paragraph (c) of subsection (8) of that
544section are amended, to read:
545     322.18  Original applications, licenses, and renewals;
546expiration of licenses; delinquent licenses.-
547     (1)
548     (c)  A person who has been issued a driver's license using
549documentation specified in s. 322.08(2)(c)8. as proof of
550identity is not eligible to renew that license and must obtain
551an original license.
552     (5)  All renewal driver's licenses may be issued after the
553applicant licensee has been determined to be eligible by the
554department.
555     (a)  A licensee who is otherwise eligible for renewal and
556who is at least 80 years of age:
557     1.  Must submit to and pass a vision test administered at
558any driver's license office; or
559     2.  If the licensee applies for a renewal using a
560convenience service as provided in subsection (8), he or she
561must submit to a vision test administered by a physician
562licensed under chapter 458 or chapter 459, or an optometrist
563licensed under chapter 463, or a licensed physician at a
564federally established veterans' hospital, must send the results
565of that test to the department on a form obtained from the
566department and signed by such health care practitioner, and must
567meet vision standards that are equivalent to the standards for
568passing the departmental vision test. The physician or
569optometrist may submit the results of a vision test by a
570department-approved electronic means.
571     (8)  The department shall issue 8-year renewals using a
572convenience service without reexamination to drivers who have
573not attained 80 years of age. The department shall issue 6-year
574renewals using a convenience service when the applicant has
575satisfied the requirements of subsection (5).
576     (c)  The department shall issue one renewal using a
577convenience service. A person who is out of this state when his
578or her license expires may be issued a 90-day temporary driving
579permit without reexamination. At the end of the 90-day period,
580the person must either return to this state or apply for a
581license where the person is located, except for a member of the
582Armed Forces as provided in s. 322.121(5) s. 322.121(6).
583     Section 13.  Subsection (2) of section 322.2615, Florida
584Statutes, is amended to read:
585     322.2615  Suspension of license; right to review.-
586     (2)  Except as provided in paragraph (1)(a), the law
587enforcement officer shall forward to the department, within 5
588days after issuing the notice of suspension, the driver's
589license; an affidavit stating the officer's grounds for belief
590that the person was driving or in actual physical control of a
591motor vehicle while under the influence of alcoholic beverages
592or chemical or controlled substances; the results of any breath
593or blood test or an affidavit stating that a breath, blood, or
594urine test was requested by a law enforcement officer or
595correctional officer and that the person refused to submit; the
596officer's description of the person's field sobriety test, if
597any; and the notice of suspension; and a copy of the crash
598report, if any. The failure of the officer to submit materials
599within the 5-day period specified in this subsection and in
600subsection (1) does not affect the department's ability to
601consider any evidence submitted at or prior to the hearing. The
602officer may also submit a copy of the crash report and a copy of
603a videotape of the field sobriety test or the attempt to
604administer such test. Materials submitted to the department by a
605law enforcement agency or correctional agency shall be
606considered self-authenticating and shall be in the record for
607consideration by the hearing officer. Notwithstanding s.
608316.066(7), the crash report shall be considered by the hearing
609officer.
610     Section 14.  Subsection (11) is added to section 322.34,
611Florida Statutes, to read:
612     322.34  Driving while license suspended, revoked, canceled,
613or disqualified.-
614     (10)(a)  Notwithstanding any other provision of this
615section, if a person does not have a prior forcible felony
616conviction as defined in s. 776.08, the penalties provided in
617paragraph (b) apply if a person's driver's license or driving
618privilege is canceled, suspended, or revoked for:
619     1.  Failing to pay child support as provided in s. 322.245
620or s. 61.13016;
621     2.  Failing to pay any other financial obligation as
622provided in s. 322.245 other than those specified in s.
623322.245(1);
624     3.  Failing to comply with a civil penalty required in s.
625318.15;
626     4.  Failing to maintain vehicular financial responsibility
627as required by chapter 324;
628     5.  Failing to comply with attendance or other requirements
629for minors as set forth in s. 322.091; or
630     6.  Having been designated a habitual traffic offender
631under s. 322.264(1)(d) as a result of suspensions of his or her
632driver's license or driver privilege for any underlying
633violation listed in subparagraphs 1.-5.
634     (b)1.  Upon a first conviction for knowingly driving while
635his or her license is suspended, revoked, or canceled for any of
636the underlying violations listed in subparagraphs (a)1.-6., a
637person commits a misdemeanor of the second degree, punishable as
638provided in s. 775.082 or s. 775.083.
639     2.  Upon a second or subsequent conviction for the same
640offense of knowingly driving while his or her license is
641suspended, revoked, or canceled for any of the underlying
642violations listed in subparagraphs (a)1.-6., a person commits a
643misdemeanor of the first degree, punishable as provided in s.
644775.082 or s. 775.083.
645     (11)(a)  A person who does not hold a commercial driver's
646license and who is cited for an offense of knowingly driving
647while his or her license is suspended, revoked, or canceled for
648any of the underlying violations listed in paragraph (10)(a)
649may, in lieu of payment of fine or court appearance, elect to
650enter a plea of nolo contendere and provide proof of compliance
651to the clerk of the court, designated official, or authorized
652operator of a traffic violations bureau. In such case,
653adjudication shall be withheld. However, no election shall be
654made under this subsection if such person has made an election
655under this subsection during the preceding 12 months. A person
656may not make more than 3 elections under this subsection.
657     (b)  If adjudication is withheld under paragraph (a), such
658action is not a conviction.
659     Section 15.  Subsection (8) of section 322.61, Florida
660Statutes, is amended to read:
661     322.61  Disqualification from operating a commercial motor
662vehicle.-
663     (8)  A driver who is convicted of or otherwise found to
664have committed a violation of an out-of-service order while
665driving a commercial motor vehicle is disqualified as follows:
666     (a)  Not less than 180 90 days nor more than 1 year if the
667driver is convicted of or otherwise found to have committed a
668first violation of an out-of-service order.
669     (b)  Not less than 2 years 1 year nor more than 5 years if,
670for offenses occurring during any 10-year period, the driver is
671convicted of or otherwise found to have committed two violations
672of out-of-service orders in separate incidents.
673     (c)  Not less than 3 years nor more than 5 years if, for
674offenses occurring during any 10-year period, the driver is
675convicted of or otherwise found to have committed three or more
676violations of out-of-service orders in separate incidents.
677     (d)  Not less than 180 days nor more than 2 years if the
678driver is convicted of or otherwise found to have committed a
679first violation of an out-of-service order while transporting
680hazardous materials required to be placarded under the Hazardous
681Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
682while operating motor vehicles designed to transport more than
68315 passengers, including the driver. A driver is disqualified
684for a period of not less than 3 years nor more than 5 years if,
685for offenses occurring during any 10-year period, the driver is
686convicted of or otherwise found to have committed any subsequent
687violations of out-of-service orders, in separate incidents,
688while transporting hazardous materials required to be placarded
689under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
6905101 et seq., or while operating motor vehicles designed to
691transport more than 15 passengers, including the driver.
692     Section 16.  Section 488.06, Florida Statutes, is amended
693to read:
694     488.06  Revocation or suspension of license or
695certificate.-The Department of Highway Safety and Motor Vehicles
696may suspend or revoke any license or certificate issued under
697the provisions of this chapter if the holder of the license or
698certificate, or if an instructor, agent, or employee of the
699commercial driving school, has:
700     (1)  Violated the provisions of this chapter;.
701     (2)  Been convicted of, pled no contest to, or had
702adjudication withheld for any felony offense or misdemeanor
703offense as shown by a criminal background check, the cost of
704which must be borne by the holder of the license or certificate,
705instructor, agent, or employee;
706     (3)  Committed any fraud or willful misrepresentation in
707applying for or obtaining a license; or
708     (4)  Solicited business on any premises, including parking
709areas, used by the department or a tax collector for the purpose
710of licensing drivers.
711     Section 17.  This act shall take effect September 1, 2010.


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