Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2160
       
       
       
       
       
       
                                Barcode 213166                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: AD/CR          .                                
             05/06/2011 05:42 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Conference Committee on SB 2160 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (4) of section
    7  20.23, Florida Statutes, is amended to read:
    8         20.23 Department of Transportation.—There is created a
    9  Department of Transportation which shall be a decentralized
   10  agency.
   11         (4)
   12         (b) The secretary may appoint positions at the level of
   13  deputy assistant secretary or director which the secretary deems
   14  necessary to accomplish the mission and goals of the department,
   15  including, but not limited to, the areas of program
   16  responsibility provided in this paragraph, each of whom shall be
   17  appointed by and serve at the pleasure of the secretary. The
   18  secretary may combine, separate, or delete offices as needed in
   19  consultation with the Executive Office of the Governor. The
   20  department’s areas of program responsibility include, but are
   21  not limited to:
   22         1. Administration;
   23         2. Planning;
   24         3. Public transportation;
   25         4. Design;
   26         5. Highway operations;
   27         6. Right-of-way;
   28         7. Toll operations;
   29         8. Information systems;
   30         9. Motor carrier weight inspection compliance;
   31         10. Management and budget;
   32         11. Comptroller;
   33         12. Construction;
   34         13. Maintenance; and
   35         14. Materials.
   36         Section 2. Subsection (2) of section 20.24, Florida
   37  Statutes, is amended, and subsection (3) is added to that
   38  section, to read:
   39         20.24 Department of Highway Safety and Motor Vehicles.
   40  There is created a Department of Highway Safety and Motor
   41  Vehicles.
   42         (2) The following divisions, and bureaus within the
   43  divisions, of the Department of Highway Safety and Motor
   44  Vehicles are established:
   45         (a) Division of the Florida Highway Patrol.
   46         (b) Division of Motorist Services.
   47         (b) Division of Driver Licenses.
   48         (c) Division of Motor Vehicles.
   49         (3) The Office of Motor Carrier Compliance is established
   50  within the Division of the Florida Highway Patrol.
   51         Section 3. Paragraph (m) of subsection (2) of section
   52  110.205, Florida Statutes, is amended to read:
   53         110.205 Career service; exemptions.—
   54         (2) EXEMPT POSITIONS.—The exempt positions that are not
   55  covered by this part include the following:
   56         (m) All assistant division director, deputy division
   57  director, and bureau chief positions in any department, and
   58  those positions determined by the department to have managerial
   59  responsibilities comparable to such positions, which positions
   60  include, but are not limited to:
   61         1. Positions in the Department of Health and the Department
   62  of Children and Family Services that are assigned primary duties
   63  of serving as the superintendent or assistant superintendent of
   64  an institution.
   65         2. Positions in the Department of Corrections that are
   66  assigned primary duties of serving as the warden, assistant
   67  warden, colonel, or major of an institution or that are assigned
   68  primary duties of serving as the circuit administrator or deputy
   69  circuit administrator.
   70         3. Positions in the Department of Transportation that are
   71  assigned primary duties of serving as regional toll managers and
   72  managers of offices, as defined in s. 20.23(4)(b) and (5)(c),
   73  and captains and majors of the Office of Motor Carrier
   74  Compliance.
   75         4. Positions in the Department of Environmental Protection
   76  that are assigned the duty of an Environmental Administrator or
   77  program administrator.
   78         5. Positions in the Department of Health that are assigned
   79  the duties of Environmental Administrator, Assistant County
   80  Health Department Director, and County Health Department
   81  Financial Administrator.
   82  
   83  Unless otherwise fixed by law, the department shall set the
   84  salary and benefits of the positions listed in this paragraph in
   85  accordance with the rules established for the Selected Exempt
   86  Service.
   87         Section 4. Paragraph (e) of subsection (2) of section
   88  288.816, Florida Statutes, is amended to read:
   89         288.816 Intergovernmental relations.—
   90         (2) The Office of Tourism, Trade, and Economic Development
   91  shall be responsible for all consular relations between the
   92  state and all foreign governments doing business in Florida. The
   93  office shall monitor United States laws and directives to ensure
   94  that all federal treaties regarding foreign privileges and
   95  immunities are properly observed. The office shall promulgate
   96  rules which shall:
   97         (e) Verify entitlement to issuance of special motor vehicle
   98  license plates by the Division of Motor Vehicles of the
   99  Department of Highway Safety and Motor Vehicles to honorary
  100  consuls or such other officials representing foreign governments
  101  who are not entitled to issuance of special Consul Corps license
  102  plates by the United States Government.
  103         Section 5. Paragraph (f) of subsection (1) of section
  104  311.115, Florida Statutes, is amended to read:
  105         311.115 Seaport Security Standards Advisory Council.—The
  106  Seaport Security Standards Advisory Council is created under the
  107  Office of Drug Control. The council shall serve as an advisory
  108  council as provided in s. 20.03(7).
  109         (1) The members of the council shall be appointed by the
  110  Governor and consist of the following:
  111         (f) One member from the Office of Motor Carrier Compliance
  112  of the Department of Highway Safety and Motor Vehicles
  113  Transportation.
  114         Section 6. Paragraph (a) of subsection (3) of section
  115  311.121, Florida Statutes, is amended to read:
  116         311.121 Qualifications, training, and certification of
  117  licensed security officers at Florida seaports.—
  118         (3) The Seaport Security Officer Qualification, Training,
  119  and Standards Coordinating Council is created under the
  120  Department of Law Enforcement.
  121         (a) The executive director of the Department of Law
  122  Enforcement shall appoint 11 members to the council, to include:
  123         1. The seaport administrator of the Department of Law
  124  Enforcement.
  125         2. The Commissioner of Education or his or her designee.
  126         3. The director of the Division of Licensing of the
  127  Department of Agriculture and Consumer Services.
  128         4. The administrator of the Florida Seaport Transportation
  129  and Economic Development Council.
  130         5. Two seaport security directors from seaports designated
  131  under s. 311.09.
  132         6. One director of a state law enforcement academy.
  133         7. One representative of a local law enforcement agency.
  134         8. Two representatives of contract security services.
  135         9. One representative of the Division of Driver Licenses of
  136  the Department of Highway Safety and Motor Vehicles.
  137         Section 7. Subsections (1), (2), (4), and (5) of section
  138  316.066, Florida Statutes, are amended, and present subsections
  139  (3), (4), (5), and (6) of that section are renumbered as
  140  subsections (2), (3), (4), and (5), respectively, to read:
  141         316.066 Written reports of crashes.—
  142         (1)(a) A Florida Traffic Crash Report, Long Form is
  143  required to be completed and submitted to the department within
  144  10 days after completing an investigation by every law
  145  enforcement officer who in the regular course of duty
  146  investigates a motor vehicle crash that:
  147         1. That Resulted in death or personal injury.
  148         2. That Involved a violation of s. 316.061(1) or s.
  149  316.193.
  150         3. In which a vehicle was rendered inoperative to a degree
  151  that required a wrecker to remove it from traffic, if such
  152  action is appropriate, in the officer’s discretion.
  153         (b) In every crash for which a Florida Traffic Crash
  154  Report, Long Form is not required by this section, the law
  155  enforcement officer may complete a short-form crash report or
  156  provide a driver exchange-of-information form short-form crash
  157  report to be completed by each party involved in the crash. The
  158  short-form report must include:
  159         1. The date, time, and location of the crash.
  160         2. A description of the vehicles involved.
  161         3. The names and addresses of the parties involved,
  162  including all drivers and passengers.
  163         4. The names and addresses of witnesses.
  164         5. The name, badge number, and law enforcement agency of
  165  the officer investigating the crash.
  166         6. The names of the insurance companies for the respective
  167  parties involved in the crash.
  168         (c) Each party to the crash must shall provide the law
  169  enforcement officer with proof of insurance, which must be
  170  documented to be included in the crash report. If a law
  171  enforcement officer submits a report on the crash accident,
  172  proof of insurance must be provided to the officer by each party
  173  involved in the crash. Any party who fails to provide the
  174  required information commits a noncriminal traffic infraction,
  175  punishable as a nonmoving violation as provided in chapter 318,
  176  unless the officer determines that due to injuries or other
  177  special circumstances such insurance information cannot be
  178  provided immediately. If the person provides the law enforcement
  179  agency, within 24 hours after the crash, proof of insurance that
  180  was valid at the time of the crash, the law enforcement agency
  181  may void the citation.
  182         (d) The driver of a vehicle that was in any manner involved
  183  in a crash resulting in damage to any vehicle or other property
  184  in an amount of $500 or more, which crash was not investigated
  185  by a law enforcement agency, shall, within 10 days after the
  186  crash, submit a written report of the crash to the department or
  187  traffic records center. The entity receiving the report may
  188  require witnesses of the crash crashes to render reports and may
  189  require any driver of a vehicle involved in a crash of which a
  190  written report must be made as provided in this section to file
  191  supplemental written reports if whenever the original report is
  192  deemed insufficient by the receiving entity.
  193         (e) Short-form crash reports prepared by law enforcement
  194  shall be maintained by the law enforcement officer’s agency.
  195         (2)(a) One or more counties may enter into an agreement
  196  with the appropriate state agency to be certified by the agency
  197  to have a traffic records center for the purpose of tabulating
  198  and analyzing countywide traffic crash reports. The agreement
  199  must include: certification by the agency that the center has
  200  adequate auditing and monitoring mechanisms in place to ensure
  201  the quality and accuracy of the data; the time period in which
  202  the traffic records center must report crash data to the agency;
  203  and the medium in which the traffic records must be submitted to
  204  the agency.
  205         (b) In the case of a county or multicounty area that has a
  206  certified central traffic records center, a law enforcement
  207  agency or driver must submit to the center within the time limit
  208  prescribed in this section a written report of the crash. A
  209  driver who is required to file a crash report must be notified
  210  of the proper place to submit the completed report.
  211         (c) Fees for copies of public records provided by a
  212  certified traffic records center shall be charged and collected
  213  as follows:
  214  
  215         For a crash report..........................$10 per copy.
  216         For a homicide report.......................$25 per copy.
  217         For a uniform traffic citation............$0.50 per copy.
  218  
  219  The fees collected for copies of the public records provided by
  220  a certified traffic records center shall be used to fund the
  221  center or otherwise as designated by the county or counties
  222  participating in the center.
  223         (3)(4)(a) Any driver failing to file the written report
  224  required under subsection (1) or subsection (2) commits a
  225  noncriminal traffic infraction, punishable as a nonmoving
  226  violation as provided in chapter 318.
  227         (b) Any employee of a state or local agency in possession
  228  of information made confidential and exempt by this section who
  229  knowingly discloses such confidential and exempt information to
  230  a person not entitled to access such information under this
  231  section commits is guilty of a felony of the third degree,
  232  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  233         (c) Any person, knowing that he or she is not entitled to
  234  obtain information made confidential and exempt by this section,
  235  who obtains or attempts to obtain such information commits a
  236  felony of the third degree, punishable as provided in s.
  237  775.082, s. 775.083, or s. 775.084.
  238         (d) Any person who knowingly uses confidential and exempt
  239  information in violation of a filed written sworn statement or
  240  contractual agreement required by this section commits a felony
  241  of the third degree, punishable as provided in s. 775.082, s.
  242  775.083, or s. 775.084.
  243         (4)(5) Except as specified in this subsection, each crash
  244  report made by a person involved in a crash and any statement
  245  made by such person to a law enforcement officer for the purpose
  246  of completing a crash report required by this section shall be
  247  without prejudice to the individual so reporting. No Such report
  248  or statement may not shall be used as evidence in any trial,
  249  civil or criminal. However, subject to the applicable rules of
  250  evidence, a law enforcement officer at a criminal trial may
  251  testify as to any statement made to the officer by the person
  252  involved in the crash if that person’s privilege against self
  253  incrimination is not violated. The results of breath, urine, and
  254  blood tests administered as provided in s. 316.1932 or s.
  255  316.1933 are not confidential and are shall be admissible into
  256  evidence in accordance with the provisions of s. 316.1934(2).
  257  Crash reports made by persons involved in crashes shall not be
  258  used for commercial solicitation purposes; however, the use of a
  259  crash report for purposes of publication in a newspaper or other
  260  news periodical or a radio or television broadcast shall not be
  261  construed as “commercial purpose.”
  262         Section 8. Section 316.1957, Florida Statutes, is amended
  263  to read:
  264         316.1957 Parking violations; designated parking spaces for
  265  persons who have disabilities.—When evidence is presented in any
  266  court of the fact that any motor vehicle was parked in a
  267  properly designated parking space for persons who have
  268  disabilities in violation of s. 316.1955, it is prima facie
  269  evidence that the vehicle was parked and left in the space by
  270  the person, firm, or corporation in whose name the vehicle is
  271  registered and licensed according to the records of the
  272  department Division of Motor Vehicles.
  273         Section 9. Subsections (4), (5), (6), (7), and (8) of
  274  section 316.302, Florida Statutes, are amended to read:
  275         316.302 Commercial motor vehicles; safety regulations;
  276  transporters and shippers of hazardous materials; enforcement.—
  277         (4)(a) Except as provided in this subsection, all
  278  commercial motor vehicles transporting any hazardous material on
  279  any road, street, or highway open to the public, whether engaged
  280  in interstate or intrastate commerce, and any person who offers
  281  hazardous materials for such transportation, are subject to the
  282  regulations contained in 49 C.F.R. part 107, subpart G, and 49
  283  C.F.R. parts 171, 172, 173, 177, 178, and 180. Effective July 1,
  284  1997, the exceptions for intrastate motor carriers provided in
  285  49 C.F.R. 173.5 and 173.8 are hereby adopted.
  286         (b) In addition to the penalties provided in s.
  287  316.3025(3)(b), (c), (d), and (e), any motor carrier or any of
  288  its officers, drivers, agents, representatives, employees, or
  289  shippers of hazardous materials that do not comply with this
  290  subsection or any rule adopted by a state agency that is
  291  consistent with the federal rules and regulations regarding
  292  hazardous materials commits a misdemeanor of the first degree,
  293  punishable as provided in s. 775.082 or s. 775.083. To ensure
  294  compliance with this subsection, enforcement officers of the
  295  Motor Carrier Compliance Office within the Department of
  296  Transportation and state highway patrol officers may inspect
  297  shipping documents and cargo of any vehicle known or suspected
  298  to be a transporter of hazardous materials.
  299         (5) The Department of Highway Safety and Motor Vehicles
  300  Transportation may adopt and revise rules to assure the safe
  301  operation of commercial motor vehicles. The Department of
  302  Highway Safety and Motor Vehicles Transportation may enter into
  303  cooperative agreements as provided in 49 C.F.R. part 388.
  304  Department of Highway Safety and Motor Vehicles Transportation
  305  personnel may conduct motor carrier and shipper compliance
  306  reviews for the purpose of determining compliance with this
  307  section and s. 627.7415.
  308         (6) The state Department of Highway Safety and Motor
  309  Vehicles Transportation shall perform the duties that are
  310  assigned to the Field Administrator, Federal Motor Carrier
  311  Safety Administration under the federal rules, and an agent of
  312  that department, as described in s. 316.545(9), may enforce
  313  those rules.
  314         (7) A person who operates a commercial motor vehicle solely
  315  in intrastate commerce shall direct to the state Department of
  316  Highway Safety and Motor Vehicles Transportation any
  317  communication that the federal rules require persons subject to
  318  the jurisdiction of the United States Department of
  319  Transportation to direct to that department.
  320         (8) For the purpose of enforcing this section, any law
  321  enforcement officer of the Department of Highway Safety and
  322  Motor Vehicles Transportation or duly appointed agent who holds
  323  a current safety inspector certification from the Commercial
  324  Vehicle Safety Alliance may require the driver of any commercial
  325  vehicle operated on the highways of this state to stop and
  326  submit to an inspection of the vehicle or the driver’s records.
  327  If the vehicle or driver is found to be operating in an unsafe
  328  condition, or if any required part or equipment is not present
  329  or is not in proper repair or adjustment, and the continued
  330  operation would present an unduly hazardous operating condition,
  331  the officer may require the vehicle or the driver to be removed
  332  from service pursuant to the North American Standard Out-of
  333  Service Criteria, until corrected. However, if continuous
  334  operation would not present an unduly hazardous operating
  335  condition, the officer may give written notice requiring
  336  correction of the condition within 14 days.
  337         (a) Any member of the Florida Highway Patrol or any law
  338  enforcement officer employed by a sheriff’s office or municipal
  339  police department authorized to enforce the traffic laws of this
  340  state pursuant to s. 316.640 who has reason to believe that a
  341  vehicle or driver is operating in an unsafe condition may, as
  342  provided in subsection (10), enforce the provisions of this
  343  section.
  344         (b) Any person who fails to comply with an officer’s
  345  request to submit to an inspection under this subsection commits
  346  a violation of s. 843.02 if the person resists the officer
  347  without violence or a violation of s. 843.01 if the person
  348  resists the officer with violence.
  349         Section 10. Paragraph (a) of subsection (6) of section
  350  316.3025, Florida Statutes, is amended to read:
  351         316.3025 Penalties.—
  352         (6)(a) Only an officer or agent of the Department of
  353  Highway Safety and Motor Vehicles Transportation is authorized
  354  to collect the penalty provided by this section. Such officer or
  355  agent shall cooperate with the owner or driver of the motor
  356  vehicle so as not to unduly delay the vehicle.
  357         Section 11. Subsections (1), (2), and (3) of section
  358  316.3026, Florida Statutes, are amended to read:
  359         316.3026 Unlawful operation of motor carriers.—
  360         (1) The Office of Motor Carrier Compliance of the
  361  Department of Transportation may issue out-of-service orders to
  362  motor carriers, as defined in s. 320.01(33), who, have after
  363  proper notice, have failed to pay any penalty or fine assessed
  364  by the department, or its agent, against any owner or motor
  365  carrier for violations of state law, refused to submit to a
  366  compliance review and provide records pursuant to s. 316.302(5)
  367  or s. 316.70, or violated safety regulations pursuant to s.
  368  316.302 or insurance requirements found in s. 627.7415. Such
  369  out-of-service orders shall have the effect of prohibiting the
  370  operations of any motor vehicles owned, leased, or otherwise
  371  operated by the motor carrier upon the roadways of this state,
  372  until such time as the violations have been corrected or
  373  penalties have been paid. Out-of-service orders issued under
  374  this section must be approved by the director of the Division of
  375  the Florida Highway Patrol Secretary of Transportation or his or
  376  her designee. An administrative hearing pursuant to s. 120.569
  377  shall be afforded to motor carriers subject to such orders.
  378         (2) Any motor carrier enjoined or prohibited from operating
  379  by an out-of-service order by this state, any other state, or
  380  the Federal Motor Carrier Safety Administration may not operate
  381  on the roadways of this state until the motor carrier has been
  382  authorized to resume operations by the originating enforcement
  383  jurisdiction. Commercial motor vehicles owned or operated by any
  384  motor carrier prohibited from operation found on the roadways of
  385  this state shall be placed out of service by law enforcement
  386  officers of the Department of Highway Safety and Motor Vehicles
  387  Transportation, and the motor carrier assessed a $10,000 civil
  388  penalty pursuant to 49 C.F.R. s. 383.53, in addition to any
  389  other penalties imposed on the driver or other responsible
  390  person. Any person who knowingly drives, operates, or causes to
  391  be operated any commercial motor vehicle in violation of an out
  392  of-service order issued by the department in accordance with
  393  this section commits a felony of the third degree, punishable as
  394  provided in s. 775.082(3)(d). Any costs associated with the
  395  impoundment or storage of such vehicles are the responsibility
  396  of the motor carrier. Vehicle out-of-service orders may be
  397  rescinded when the department receives proof of authorization
  398  for the motor carrier to resume operation.
  399         (3) In addition to the sanctions found in subsections (1)
  400  and (2), the Department of Highway Safety and Motor Vehicles
  401  Transportation may petition the circuit courts of this state to
  402  enjoin any motor carrier from operating when it fails to comply
  403  with out-of-service orders issued by a competent authority
  404  within or outside this state.
  405         Section 12. Subsection (1) of section 316.516, Florida
  406  Statutes, is amended to read:
  407         316.516 Width, height, and length; inspection; penalties.—
  408         (1) Any law enforcement officer, as prescribed in s.
  409  316.640, or any weight inspector and safety officer of the
  410  Department of Transportation, as prescribed in s. 316.545(1),
  411  who has reason to believe that the width, height, or length of a
  412  vehicle or combination of vehicles and the load thereon is not
  413  in conformance with s. 316.515 is authorized to require the
  414  driver to stop and submit such vehicle and load to measurement
  415  of its width, height, or length.
  416         Section 13. Subsection (1), paragraphs (a) and (b) of
  417  subsection (2), paragraph (b) of subsection (4), and subsections
  418  (5), (9), and (10) of section 316.545, Florida Statutes, are
  419  amended to read:
  420         316.545 Weight and load unlawful; special fuel and motor
  421  fuel tax enforcement; inspection; penalty; review.—
  422         (1) Any officer of the Florida Highway Patrol weight and
  423  safety officer of the Department of Transportation having reason
  424  to believe that the weight of a vehicle and load is unlawful is
  425  authorized to require the driver to stop and submit to a
  426  weighing of the same by means of either portable or fixed scales
  427  and may require that such vehicle be driven to the nearest weigh
  428  station or public scales, provided such a facility is within 5
  429  highway miles. Upon a request by the vehicle driver, the officer
  430  shall weigh the vehicle at fixed scales rather than by portable
  431  scales if such a facility is available within 5 highway miles.
  432  Anyone who refuses to submit to such weighing obstructs an
  433  officer pursuant to s. 843.02 and is guilty of a misdemeanor of
  434  the first degree, punishable as provided in s. 775.082 or s.
  435  775.083. Anyone who knowingly and willfully resists, obstructs,
  436  or opposes a weight and safety officer while refusing to submit
  437  to such weighing by resisting the officer with violence to the
  438  officer’s person pursuant to s. 843.01 is guilty of a felony of
  439  the third degree, punishable as provided in s. 775.082, s.
  440  775.083, or s. 775.084.
  441         (2)(a) Whenever an officer of the Florida Highway Patrol or
  442  a weight inspector of the Department of Transportation, upon
  443  weighing a vehicle or combination of vehicles with load,
  444  determines that the axle weight or gross weight is unlawful, the
  445  officer may require the driver to stop the vehicle in a suitable
  446  place and remain standing until a determination can be made as
  447  to the amount of weight thereon and, if overloaded, the amount
  448  of penalty to be assessed as provided herein. However, any gross
  449  weight over and beyond 6,000 pounds beyond the maximum herein
  450  set shall be unloaded and all material so unloaded shall be
  451  cared for by the owner or operator of the vehicle at the risk of
  452  such owner or operator. Except as otherwise provided in this
  453  chapter, to facilitate compliance with and enforcement of the
  454  weight limits established in s. 316.535, weight tables published
  455  pursuant to s. 316.535(7) shall include a 10-percent scale
  456  tolerance and shall thereby reflect the maximum scaled weights
  457  allowed any vehicle or combination of vehicles. As used in this
  458  section, scale tolerance means the allowable deviation from
  459  legal weights established in s. 316.535. Notwithstanding any
  460  other provision of the weight law, if a vehicle or combination
  461  of vehicles does not exceed the gross, external bridge, or
  462  internal bridge weight limits imposed in s. 316.535 and the
  463  driver of such vehicle or combination of vehicles can comply
  464  with the requirements of this chapter by shifting or equalizing
  465  the load on all wheels or axles and does so when requested by
  466  the proper authority, the driver shall not be held to be
  467  operating in violation of said weight limits.
  468         (b) The officer or inspector shall inspect the license
  469  plate or registration certificate of the commercial vehicle, as
  470  defined in s. 316.003(66), to determine if its gross weight is
  471  in compliance with the declared gross vehicle weight. If its
  472  gross weight exceeds the declared weight, the penalty shall be 5
  473  cents per pound on the difference between such weights. In those
  474  cases when the commercial vehicle, as defined in s. 316.003(66),
  475  is being operated over the highways of the state with an expired
  476  registration or with no registration from this or any other
  477  jurisdiction or is not registered under the applicable
  478  provisions of chapter 320, the penalty herein shall apply on the
  479  basis of 5 cents per pound on that scaled weight which exceeds
  480  35,000 pounds on laden truck tractor-semitrailer combinations or
  481  tandem trailer truck combinations, 10,000 pounds on laden
  482  straight trucks or straight truck-trailer combinations, or
  483  10,000 pounds on any unladen commercial motor vehicle. If the
  484  license plate or registration has not been expired for more than
  485  90 days, the penalty imposed under this paragraph may not exceed
  486  $1,000. In the case of special mobile equipment as defined in s.
  487  316.003(48), which qualifies for the license tax provided for in
  488  s. 320.08(5)(b), being operated on the highways of the state
  489  with an expired registration or otherwise not properly
  490  registered under the applicable provisions of chapter 320, a
  491  penalty of $75 shall apply in addition to any other penalty
  492  which may apply in accordance with this chapter. A vehicle found
  493  in violation of this section may be detained until the owner or
  494  operator produces evidence that the vehicle has been properly
  495  registered. Any costs incurred by the retention of the vehicle
  496  shall be the sole responsibility of the owner. A person who has
  497  been assessed a penalty pursuant to this paragraph for failure
  498  to have a valid vehicle registration certificate pursuant to the
  499  provisions of chapter 320 is not subject to the delinquent fee
  500  authorized in s. 320.07 if such person obtains a valid
  501  registration certificate within 10 working days after such
  502  penalty was assessed.
  503         (4)
  504         (b) In addition to the penalty provided for in paragraph
  505  (a), the vehicle may be detained until the owner or operator of
  506  the vehicle furnishes evidence that the vehicle has been
  507  properly registered pursuant to s. 207.004. Any officer of the
  508  Florida Highway Patrol or agent of the Department of
  509  Transportation may issue a temporary fuel use permit and collect
  510  the appropriate fee as provided for in s. 207.004(4).
  511  Notwithstanding the provisions of subsection (6), all permit
  512  fees collected pursuant to this paragraph shall be transferred
  513  to the Department of Highway Safety and Motor Vehicles to be
  514  allocated pursuant to s. 207.026.
  515         (5) Whenever any person violates the provisions of this
  516  chapter and becomes indebted to the state because of such
  517  violation in the amounts aforesaid and refuses to pay said
  518  penalty, in addition to the provisions of s. 316.3026, such
  519  penalty shall become a lien upon the motor vehicle, and the same
  520  may be foreclosed by the state in a court of equity. It shall be
  521  presumed that the owner of the motor vehicle is liable for the
  522  sum. Any person, firm, or corporation claiming an interest in
  523  the seized motor vehicle may, at any time after the lien of the
  524  state attaches to the motor vehicle, obtain possession of the
  525  seized vehicle by filing a good and sufficient forthcoming bond
  526  with the officer having possession of the vehicle, payable to
  527  the Governor of the state in twice the amount of the state’s
  528  lien, with a corporate surety duly authorized to transact
  529  business in this state as surety, conditioned to have the motor
  530  vehicle or combination of vehicles forthcoming to abide the
  531  result of any suit for the foreclosure of such lien. It shall be
  532  presumed that the owner of the motor vehicle is liable for the
  533  penalty imposed under this section. Upon the posting of such
  534  bond with the officer making the seizure, the vehicle shall be
  535  released and the bond shall be forwarded to the Department of
  536  Highway Safety and Motor Vehicles Transportation for
  537  safekeeping. The lien of the state against the motor vehicle
  538  aforesaid shall be foreclosed in equity, and the ordinary rules
  539  of court relative to proceedings in equity shall control. If it
  540  appears that the seized vehicle has been released to the
  541  defendant upon his or her forthcoming bond, the state shall take
  542  judgment of foreclosure against the property itself, and
  543  judgment against the defendant and the sureties on the bond for
  544  the amount of the lien, including cost of proceedings. After the
  545  rendition of the decree, the state may, at its option, proceed
  546  to sue out execution against the defendant and his or her
  547  sureties for the amount recovered as aforesaid or direct the
  548  sale of the vehicle under foreclosure.
  549         (9) Any agent of the Department of Transportation who is
  550  employed for the purpose of being a weight and safety officer
  551  and who meets the qualifications established by law for law
  552  enforcement officers shall have the same arrest powers as are
  553  granted any law enforcement officer for the purpose of enforcing
  554  the provisions of weight, load, safety, commercial motor vehicle
  555  registration, and fuel tax compliance laws.
  556         (9)(10) The Department of Transportation may employ weight
  557  inspectors to operate its fixed-scale facilities. Weight
  558  inspectors on duty at a fixed-scale facility are authorized to
  559  enforce the laws governing commercial motor vehicle weight,
  560  registration, size, and load and to assess and collect civil
  561  penalties for violations of said laws. A weight inspector may
  562  detain a commercial motor vehicle that has an obvious safety
  563  defect critical to the continued safe operation of the vehicle
  564  or that is operating in violation of an out-of-service order as
  565  reported on the federal Safety and Fitness Electronic Records
  566  database. The weight inspector may immediately summon a law
  567  enforcement officer of the Department of Highway Safety and
  568  Motor Vehicles Transportation, or other law enforcement officer
  569  authorized by s. 316.640 to enforce the traffic laws of this
  570  state, to take appropriate enforcement action. The vehicle shall
  571  be released if the defect is repaired prior to the arrival of a
  572  law enforcement officer. Weight inspectors shall not be
  573  classified as law enforcement officers subject to certification
  574  requirements of chapter 943, and are not authorized to carry
  575  weapons or make arrests. Any person who obstructs, opposes, or
  576  resists a weight inspector in the performance of the duties
  577  herein prescribed shall be guilty of an offense as described in
  578  subsection (1) for obstructing, opposing, or resisting a law
  579  enforcement officer.
  580         Section 14. Paragraph (b) of subsection (1) of section
  581  316.613, Florida Statutes, is amended to read:
  582         316.613 Child restraint requirements.—
  583         (1)
  584         (b) The department Division of Motor Vehicles shall provide
  585  notice of the requirement for child restraint devices, which
  586  notice shall accompany the delivery of each motor vehicle
  587  license tag.
  588         Section 15. Paragraph (a) of subsection (1) of section
  589  316.640, Florida Statutes, is amended to read:
  590         316.640 Enforcement.—The enforcement of the traffic laws of
  591  this state is vested as follows:
  592         (1) STATE.—
  593         (a)1.a. The Division of Florida Highway Patrol of the
  594  Department of Highway Safety and Motor Vehicles; the Division of
  595  Law Enforcement of the Fish and Wildlife Conservation
  596  Commission; the Division of Law Enforcement of the Department of
  597  Environmental Protection; law enforcement officers of the
  598  Department of Transportation; and the agents, inspectors, and
  599  officers of the Department of Law Enforcement each have
  600  authority to enforce all of the traffic laws of this state on
  601  all the streets and highways thereof and elsewhere throughout
  602  the state wherever the public has a right to travel by motor
  603  vehicle.
  604         b. University police officers shall have authority to
  605  enforce all of the traffic laws of this state when violations
  606  occur on or within 1,000 feet of any property or facilities that
  607  are under the guidance, supervision, regulation, or control of a
  608  state university, a direct-support organization of such state
  609  university, or any other organization controlled by the state
  610  university or a direct-support organization of the state
  611  university, or when such violations occur within a specified
  612  jurisdictional area as agreed upon in a mutual aid agreement
  613  entered into with a law enforcement agency pursuant to s.
  614  23.1225(1). Traffic laws may also be enforced off-campus when
  615  hot pursuit originates on or within 1,000 feet of any such
  616  property or facilities, or as agreed upon in accordance with the
  617  mutual aid agreement.
  618         c. Community college police officers shall have the
  619  authority to enforce all the traffic laws of this state only
  620  when such violations occur on any property or facilities that
  621  are under the guidance, supervision, regulation, or control of
  622  the community college system.
  623         d. Police officers employed by an airport authority shall
  624  have the authority to enforce all of the traffic laws of this
  625  state only when such violations occur on any property or
  626  facilities that are owned or operated by an airport authority.
  627         (I) An airport authority may employ as a parking
  628  enforcement specialist any individual who successfully completes
  629  a training program established and approved by the Criminal
  630  Justice Standards and Training Commission for parking
  631  enforcement specialists but who does not otherwise meet the
  632  uniform minimum standards established by the commission for law
  633  enforcement officers or auxiliary or part-time officers under s.
  634  943.12. Nothing in this sub-sub-subparagraph shall be construed
  635  to permit the carrying of firearms or other weapons, nor shall
  636  such parking enforcement specialist have arrest authority.
  637         (II) A parking enforcement specialist employed by an
  638  airport authority is authorized to enforce all state, county,
  639  and municipal laws and ordinances governing parking only when
  640  such violations are on property or facilities owned or operated
  641  by the airport authority employing the specialist, by
  642  appropriate state, county, or municipal traffic citation.
  643         e. The Office of Agricultural Law Enforcement of the
  644  Department of Agriculture and Consumer Services shall have the
  645  authority to enforce traffic laws of this state.
  646         f. School safety officers shall have the authority to
  647  enforce all of the traffic laws of this state when such
  648  violations occur on or about any property or facilities which
  649  are under the guidance, supervision, regulation, or control of
  650  the district school board.
  651         2. An agency of the state as described in subparagraph 1.
  652  is prohibited from establishing a traffic citation quota. A
  653  violation of this subparagraph is not subject to the penalties
  654  provided in chapter 318.
  655         3. Any disciplinary action taken or performance evaluation
  656  conducted by an agency of the state as described in subparagraph
  657  1. of a law enforcement officer’s traffic enforcement activity
  658  must be in accordance with written work-performance standards.
  659  Such standards must be approved by the agency and any collective
  660  bargaining unit representing such law enforcement officer. A
  661  violation of this subparagraph is not subject to the penalties
  662  provided in chapter 318.
  663         4. The Division of the Florida Highway Patrol may employ as
  664  a traffic accident investigation officer any individual who
  665  successfully completes instruction in traffic accident
  666  investigation and court presentation through the Selective
  667  Traffic Enforcement Program as approved by the Criminal Justice
  668  Standards and Training Commission and funded through the
  669  National Highway Traffic Safety Administration or a similar
  670  program approved by the commission, but who does not necessarily
  671  meet the uniform minimum standards established by the commission
  672  for law enforcement officers or auxiliary law enforcement
  673  officers under chapter 943. Any such traffic accident
  674  investigation officer who makes an investigation at the scene of
  675  a traffic accident may issue traffic citations, based upon
  676  personal investigation, when he or she has reasonable and
  677  probable grounds to believe that a person who was involved in
  678  the accident committed an offense under this chapter, chapter
  679  319, chapter 320, or chapter 322 in connection with the
  680  accident. This subparagraph does not permit the officer to carry
  681  firearms or other weapons, and such an officer does not have
  682  authority to make arrests.
  683         Section 16. Paragraph (a) of subsection (1) of section
  684  318.15, Florida Statutes, is amended to read:
  685         318.15 Failure to comply with civil penalty or to appear;
  686  penalty.—
  687         (1)(a) If a person fails to comply with the civil penalties
  688  provided in s. 318.18 within the time period specified in s.
  689  318.14(4), fails to enter into or comply with the terms of a
  690  penalty payment plan with the clerk of the court in accordance
  691  with ss. 318.14 and 28.246, fails to attend driver improvement
  692  school, or fails to appear at a scheduled hearing, the clerk of
  693  the court shall notify the Division of Driver Licenses of the
  694  Department of Highway Safety and Motor Vehicles of such failure
  695  within 10 days after such failure. Upon receipt of such notice,
  696  the department shall immediately issue an order suspending the
  697  driver’s license and privilege to drive of such person effective
  698  20 days after the date the order of suspension is mailed in
  699  accordance with s. 322.251(1), (2), and (6). Any such suspension
  700  of the driving privilege which has not been reinstated,
  701  including a similar suspension imposed outside Florida, shall
  702  remain on the records of the department for a period of 7 years
  703  from the date imposed and shall be removed from the records
  704  after the expiration of 7 years from the date it is imposed.
  705         Section 17. Paragraph (b) of subsection (3) and subsection
  706  (5) of section 320.05, Florida Statutes, are amended to read:
  707         320.05 Records of the department; inspection procedure;
  708  lists and searches; fees.—
  709         (3)
  710         (b) Fees therefor shall be charged and collected as
  711  follows:
  712         1. For providing lists of motor vehicle or vessel records
  713  for the entire state, or any part or parts thereof, divided
  714  according to counties, a sum computed at a rate of not less than
  715  1 cent nor more than 5 cents per item.
  716         2. For providing noncertified photographic copies of motor
  717  vehicle or vessel documents, $1 per page.
  718         3. For providing noncertified photographic copies of
  719  micrographic records, $1 per page.
  720         4. For providing certified copies of motor vehicle or
  721  vessel records, $3 per record.
  722         5. For providing noncertified computer-generated printouts
  723  of motor vehicle or vessel records, 50 cents per record.
  724         6. For providing certified computer-generated printouts of
  725  motor vehicle or vessel records, $3 per record.
  726         7. For providing electronic access to motor vehicle,
  727  vessel, and mobile home registration data requested by tag,
  728  vehicle identification number, title number, or decal number, 50
  729  cents per item.
  730         8. For providing electronic access to driver’s license
  731  status report by name, sex, and date of birth or by driver
  732  license number, 50 cents per item.
  733         9. For providing lists of licensed mobile home dealers and
  734  manufacturers and recreational vehicle dealers and
  735  manufacturers, $15 per list.
  736         10. For providing lists of licensed motor vehicle dealers,
  737  $25 per list.
  738         11. For each copy of a videotape record, $15 per tape.
  739         12. For each copy of the Division of Motorist Services
  740  Motor Vehicles Procedures Manual, $25.
  741         (5) The creation and maintenance of records by the
  742  department and the Division of Motorist Services Motor Vehicles
  743  pursuant to this chapter shall not be regarded as law
  744  enforcement functions of agency recordkeeping.
  745         Section 18. Subsection (1) of section 320.18, Florida
  746  Statutes, is amended to read:
  747         320.18 Withholding registration.—
  748         (1) The department may withhold the registration of any
  749  motor vehicle or mobile home the owner of which has failed to
  750  register it under the provisions of law for any previous period
  751  or periods for which it appears registration should have been
  752  made in this state, until the tax for such period or periods is
  753  paid. The department may cancel any vehicle or vessel
  754  registration, driver’s license, identification card, or fuel-use
  755  tax decal if the owner pays for the vehicle or vessel
  756  registration, driver’s license, identification card, or fuel-use
  757  tax decal; pays any administrative, delinquency, or
  758  reinstatement fee; or pays any tax liability, penalty, or
  759  interest specified in chapter 207 by a dishonored check, or if
  760  the vehicle owner or motor carrier has failed to pay a penalty
  761  for a weight or safety violation issued by the Department of
  762  Transportation or the Department of Highway Safety and Motor
  763  Vehicles Motor Carrier Compliance Office. The Department of
  764  Transportation and the Department of Highway Safety and Motor
  765  Vehicles may impound any commercial motor vehicle that has a
  766  canceled license plate or fuel-use tax decal until the tax
  767  liability, penalty, and interest specified in chapter 207, the
  768  license tax, or the fuel-use decal fee, and applicable
  769  administrative fees have been paid for by certified funds.
  770         Section 19. Paragraphs (a) and (b) of subsection (2) of
  771  section 320.275, Florida Statutes, are amended to read:
  772         320.275 Automobile Dealers Industry Advisory Board.—
  773         (2) MEMBERSHIP, TERMS, MEETINGS.—
  774         (a) The board shall be composed of 12 members. The
  775  executive director of the Department of Highway Safety and Motor
  776  Vehicles shall appoint the members from names submitted by the
  777  entities for the designated categories the member will
  778  represent. The executive director shall appoint one
  779  representative of the Department of Highway Safety and Motor
  780  Vehicles, who must represent the Division of Motor Vehicles; two
  781  representatives of the independent motor vehicle industry as
  782  recommended by the Florida Independent Automobile Dealers
  783  Association; two representatives of the franchise motor vehicle
  784  industry as recommended by the Florida Automobile Dealers
  785  Association; one representative of the auction motor vehicle
  786  industry who is from an auction chain and is recommended by a
  787  group affiliated with the National Auto Auction Association; one
  788  representative of the auction motor vehicle industry who is from
  789  an independent auction and is recommended by a group affiliated
  790  with the National Auto Auction Association; one representative
  791  from the Department of Revenue; a Florida tax collector
  792  representative recommended by the Florida Tax Collectors
  793  Association; one representative from the Better Business Bureau;
  794  one representative from the Department of Agriculture and
  795  Consumer Services, who must represent the Division of Consumer
  796  Services; and one representative of the insurance industry who
  797  writes motor vehicle dealer surety bonds.
  798         (b)1. The executive director shall appoint the following
  799  initial members to 1-year terms: one representative from the
  800  motor vehicle auction industry who represents an auction chain,
  801  one representative from the independent motor vehicle industry,
  802  one representative from the franchise motor vehicle industry,
  803  one representative from the Department of Revenue, one Florida
  804  tax collector, and one representative from the Better Business
  805  Bureau.
  806         2. The executive director shall appoint the following
  807  initial members to 2-year terms: one representative from the
  808  motor vehicle auction industry who represents an independent
  809  auction, one representative from the independent motor vehicle
  810  industry, one representative from the franchise motor vehicle
  811  industry, one representative from the Division of Consumer
  812  Services, one representative from the insurance industry, and
  813  one representative from the department Division of Motor
  814  Vehicles.
  815         3. As the initial terms expire, the executive director
  816  shall appoint successors from the same designated category for
  817  terms of 2 years. If renominated, a member may succeed himself
  818  or herself.
  819         4. The board shall appoint a chair and vice chair at its
  820  initial meeting and every 2 years thereafter.
  821         Section 20. Subsection (1) of section 321.05, Florida
  822  Statutes, is amended to read:
  823         321.05 Duties, functions, and powers of patrol officers.
  824  The members of the Florida Highway Patrol are hereby declared to
  825  be conservators of the peace and law enforcement officers of the
  826  state, with the common-law right to arrest a person who, in the
  827  presence of the arresting officer, commits a felony or commits
  828  an affray or breach of the peace constituting a misdemeanor,
  829  with full power to bear arms; and they shall apprehend, without
  830  warrant, any person in the unlawful commission of any of the
  831  acts over which the members of the Florida Highway Patrol are
  832  given jurisdiction as hereinafter set out and deliver him or her
  833  to the sheriff of the county that further proceedings may be had
  834  against him or her according to law. In the performance of any
  835  of the powers, duties, and functions authorized by law, members
  836  of the Florida Highway Patrol have the same protections and
  837  immunities afforded other peace officers, which shall be
  838  recognized by all courts having jurisdiction over offenses
  839  against the laws of this state, and have authority to apply for,
  840  serve, and execute search warrants, arrest warrants, capias, and
  841  other process of the court. The patrol officers under the
  842  direction and supervision of the Department of Highway Safety
  843  and Motor Vehicles shall perform and exercise throughout the
  844  state the following duties, functions, and powers:
  845         (1) To patrol the state highways and regulate, control, and
  846  direct the movement of traffic thereon; to maintain the public
  847  peace by preventing violence on highways; to apprehend fugitives
  848  from justice; to enforce all laws now in effect regulating and
  849  governing traffic, travel, and public safety upon the public
  850  highways and providing for the protection of the public highways
  851  and public property thereon, including the security and safety
  852  of this state’s transportation infrastructure; to make arrests
  853  without warrant for the violation of any state law committed in
  854  their presence in accordance with the laws of this state law;
  855  providing that no search may shall be made unless it is incident
  856  to a lawful arrest, to regulate and direct traffic
  857  concentrations and congestions; to enforce laws governing the
  858  operation, licensing, and taxing and limiting the size, weight,
  859  width, length, and speed of vehicles and licensing and
  860  controlling the operations of drivers and operators of vehicles,
  861  including the safety, size, and weight of commercial motor
  862  vehicles; to cooperate with officials designated by law to
  863  collect all state fees and revenues levied as an incident to the
  864  use or right to use the highways for any purpose, including the
  865  taxing and registration of commercial motor vehicles; to require
  866  the drivers of vehicles to stop and exhibit their driver’s
  867  licenses, registration cards, or documents required by law to be
  868  carried by such vehicles; to investigate traffic accidents,
  869  secure testimony of witnesses and of persons involved, and make
  870  report thereof with copy, if when requested in writing, to any
  871  person in interest or his or her attorney; to investigate
  872  reported thefts of vehicles; and to seize contraband or stolen
  873  property on or being transported on the highways. Each patrol
  874  officer of the Florida Highway Patrol is subject to and has the
  875  same arrest and other authority provided for law enforcement
  876  officers generally in chapter 901 and has statewide
  877  jurisdiction. Each officer also has arrest authority as provided
  878  for state law enforcement officers in s. 901.15. This section
  879  does shall not be construed as being in conflict with, but is
  880  supplemental to, chapter 933.
  881         Section 21. Subsections (2), (3), (4), and (5) of section
  882  321.23, Florida Statutes, are amended to read:
  883         321.23 Public records; fees for copies; destruction of
  884  obsolete records; photographing records; effect as evidence.—
  885         (2) Fees for copies of public records shall be charged and
  886  collected as follows:
  887         (a) For a crash report, a copy........................$10
  888         (b) For a homicide report, a copy.....................$25
  889         (c) For a uniform traffic citation, a copy..........$0.50
  890         (d)(c) Photographs (accidents, etc.):
  891  
  892  Enlargement                                  Color      Black & 
  893         Proof                                              White 
  894  
  895         1. 5″ x 7″                              $1.00      $0.75 
  896         2. 8″ x 10″                             $1.50      $1.00 
  897         3. 11″ x 14″                      Not Available    $1.75 
  898         4. 16″ x 20″                      Not Available    $2.75 
  899         5. 20″ x 24″                      Not Available    $3.75 
  900  
  901  (d) The department shall furnish such information without charge
  902  to any local, state, or federal law enforcement agency upon
  903  proof satisfactory to the department as to the purpose of the
  904  investigation.
  905         (3) Fees collected under this section shall be deposited in
  906  the Highway Safety Operating Trust Fund, unless the department
  907  provides the crash report online, in which case the department
  908  may distribute up to $5 of the amount collected per copy to the
  909  investigating agency.
  910         (4) The department may is authorized to destroy reports,
  911  records, documents, papers, and correspondence which are
  912  considered obsolete.
  913         (5) The department may scan, is authorized to photograph,
  914  microphotograph, or reproduce on film such documents, records,
  915  and reports as it may select. The photographs or
  916  microphotographs in the form of film or print of any records
  917  made in compliance with the provisions of this section shall
  918  have the same force and effect as the originals thereof would
  919  have and shall be treated as originals for the purpose of their
  920  admissibility in evidence. Duly certified or authenticated
  921  reproductions of such photographs or microphotographs shall be
  922  admitted in evidence equally with the original photographs or
  923  microphotographs.
  924         Section 22. Subsection (3) of section 322.02, Florida
  925  Statutes, is amended to read:
  926         322.02 Legislative intent; administration.—
  927         (3) The department shall employ a director, who is charged
  928  with the duty of serving as the executive officer of the
  929  Division of Motorist Services Driver Licenses of the department
  930  insofar as the administration of this chapter is concerned. He
  931  or she shall be subject to the supervision and direction of the
  932  department, and his or her official actions and decisions as
  933  executive officer shall be conclusive unless the same are
  934  superseded or reversed by the department or by a court of
  935  competent jurisdiction.
  936         Section 23. Subsections (1) and (5) of section 322.135,
  937  Florida Statutes, are amended, and subsection (7) is added to
  938  that section, to read:
  939         322.135 Driver’s license agents.—
  940         (1) The department shall, upon application, authorize by
  941  interagency agreement any or all of the tax collectors who are
  942  constitutional officers under s. 1(d), Art. VIII of the State
  943  Constitution in the several counties of the state, subject to
  944  the requirements of law, in accordance with rules of the
  945  department, to serve as its agent for the provision of specified
  946  driver’s license services.
  947         (a) These services shall be limited to the issuance of
  948  driver’s licenses and identification cards as authorized by this
  949  chapter.
  950         (b) Each tax collector who is authorized by the department
  951  to provide driver’s license services shall bear all costs
  952  associated with providing those services.
  953         (c) A service fee of $6.25 shall be charged, in addition to
  954  the fees set forth in this chapter, for providing all services
  955  pursuant to this chapter. The service fee may not be charged:
  956         1. More than once per customer during a single visit to a
  957  tax collector’s office.
  958         2. For a reexamination requested by the Medical Advisory
  959  Board or required pursuant to s. 322.221.
  960         3. For a voter registration transaction.
  961         4. In violation of any federal or state law.
  962         (5) All driver’s license issuance services shall be assumed
  963  by the tax collectors who are constitutional officers under s.
  964  1(d), Art. VIII of the State Constitution by June 30, 2015. The
  965  implementation shall follow the schedule outlined in the
  966  transition report of February 1, 2011, which was required
  967  pursuant to chapter 2010-163, Laws of Florida. The department,
  968  in conjunction with the Florida Tax Collectors Association and
  969  the Florida Association of Counties, shall develop a plan to
  970  transition all driver’s license issuance services to the county
  971  tax collectors who are constitutional officers under s. 1(d),
  972  Art. VIII of the State Constitution. The transition plan must be
  973  submitted to the President of the Senate and the Speaker of the
  974  House of Representatives on or before February 1, 2011. The
  975  transition plan must include a timeline to complete the full
  976  transition of all driver’s license issuance services no later
  977  than June 30, 2015, and may include, but is not limited to,
  978  recommendations on the use of regional service centers,
  979  interlocal agreements, and equipment.
  980         (7) The department may create exceptions by rule for tax
  981  collectors who cannot provide full driver’s license services due
  982  to the small population in the tax collectors’ county.
  983         Section 24. Subsections (9), (10), (13), (14), and (16) of
  984  section 322.20, Florida Statutes, are amended to read:
  985         322.20 Records of the department; fees; destruction of
  986  records.—
  987         (9) The department may, upon application, furnish to any
  988  person, from its the records of the Division of Driver Licenses,
  989  a list of the names, addresses, and birth dates of the licensed
  990  drivers of the entire state or any portion thereof by age group.
  991  In addition, the department may furnish to the courts, for the
  992  purpose of establishing jury selection lists, the names,
  993  addresses, and birth dates of the persons of the entire state or
  994  any portion thereof by age group having identification cards
  995  issued by the department. Each person who requests such
  996  information shall pay a fee, set by the department, of 1 cent
  997  per name listed, except that the department shall furnish such
  998  information without charge to the courts for the purpose of jury
  999  selection or to any state agency or to any state attorney,
 1000  sheriff, or chief of police. Such court, state agency, state
 1001  attorney, or law enforcement agency may not sell, give away, or
 1002  allow the copying of such information. Noncompliance with this
 1003  prohibition shall authorize the department to charge the
 1004  noncomplying court, state agency, state attorney, or law
 1005  enforcement agency the appropriate fee for any subsequent lists
 1006  requested. The department may adopt rules necessary to implement
 1007  this subsection.
 1008         (10) The department Division of Driver Licenses is
 1009  authorized, upon application of any person and payment of the
 1010  proper fees, to search and to assist such person in the search
 1011  of the records of the department and make reports thereof and to
 1012  make photographic copies of the departmental records and
 1013  attestations thereof.
 1014         (13) The department Division of Driver Licenses shall
 1015  implement a system that allows either parent of a minor, or a
 1016  guardian, or other responsible adult who signed a minor’s
 1017  application for a driver’s license to have Internet access
 1018  through a secure website to inspect the minor’s driver history
 1019  record. Internet access to driver history records granted to a
 1020  minor’s parents, guardian, or other responsible adult shall be
 1021  furnished by the department at no fee and shall terminate when
 1022  the minor attains 18 years of age.
 1023         (14) The department is authorized in accordance with
 1024  chapter 257 to destroy reports, records, documents, papers, and
 1025  correspondence in the Division of Driver Licenses which are
 1026  considered obsolete.
 1027         (16) The creation and maintenance of records by the
 1028  Division of Motorist Services within the department and the
 1029  Division of Driver Licenses pursuant to this chapter shall not
 1030  be regarded as law enforcement functions of agency
 1031  recordkeeping.
 1032         Section 25. Section 322.202, Florida Statutes, is amended
 1033  to read:
 1034         322.202 Admission of evidence obtained from the Division of
 1035  Motorist Services Driver Licenses and the Division of Motor
 1036  Vehicles.—
 1037         (1) The Legislature finds that the Division of Motorist
 1038  Services Driver Licenses and the Division of Motor Vehicles of
 1039  the Department of Highway Safety and Motor Vehicles is are not a
 1040  law enforcement agency agencies. The Legislature also finds that
 1041  the division is not an adjunct divisions are not adjuncts of any
 1042  law enforcement agency in that employees have no stake in
 1043  particular prosecutions. The Legislature further finds that
 1044  errors in records maintained by the divisions are not within the
 1045  collective knowledge of any law enforcement agency. The
 1046  Legislature also finds that the missions of the division of
 1047  Driver Licenses, the Division of Motor Vehicles, and the
 1048  Department of Highway Safety and Motor Vehicles provide a
 1049  sufficient incentive to maintain records in a current and
 1050  correct fashion.
 1051         (2) The Legislature finds that the purpose of the
 1052  exclusionary rule is to deter misconduct on the part of law
 1053  enforcement officers and law enforcement agencies.
 1054         (3) The Legislature finds that the application of the
 1055  exclusionary rule to cases where a law enforcement officer
 1056  effects an arrest based on objectively reasonable reliance on
 1057  information obtained from the divisions is repugnant to the
 1058  purposes of the exclusionary rule and contrary to the decisions
 1059  of the United States Supreme Court in Arizona v. Evans, 514 U.S.
 1060  1 (1995) and United States v. Leon, 468 U.S. 897 (1984).
 1061         (4) In any case where a law enforcement officer effects an
 1062  arrest based on objectively reasonable reliance on information
 1063  obtained from the divisions, evidence found pursuant to such an
 1064  arrest shall not be suppressed by application of the
 1065  exclusionary rule on the grounds that the arrest is subsequently
 1066  determined to be unlawful due to erroneous information obtained
 1067  from the divisions.
 1068         Section 26. Paragraphs (e) and (f) of subsection (1) and
 1069  subsection (2) of section 322.21, Florida Statutes, are amended
 1070  to read:
 1071         322.21 License fees; procedure for handling and collecting
 1072  fees.—
 1073         (1) Except as otherwise provided herein, the fee for:
 1074         (e) A replacement driver’s license issued pursuant to s.
 1075  322.17 is $25. Of this amount $7 shall be deposited into the
 1076  Highway Safety Operating Trust Fund and $18 shall be deposited
 1077  into the General Revenue Fund. Beginning July 1, 2015, or upon
 1078  completion of the transition of driver’s license issuance
 1079  services, if the replacement driver’s license is issued by the
 1080  tax collector, the tax collector shall retain the $7 that would
 1081  otherwise be deposited into the Highway Safety Operating Trust
 1082  Fund and the remaining revenues shall be deposited into the
 1083  General Revenue Fund.
 1084         (f) An original, renewal, or replacement identification
 1085  card issued pursuant to s. 322.051 is $25. Funds collected from
 1086  these fees shall be distributed as follows:
 1087         1. For an original identification card issued pursuant to
 1088  s. 322.051 the fee is $25. This amount shall be deposited into
 1089  the General Revenue Fund.
 1090         2. For a renewal identification card issued pursuant to s.
 1091  322.051 the fee is $25. Of this amount, $6 shall be deposited
 1092  into the Highway Safety Operating Trust Fund and $19 shall be
 1093  deposited into the General Revenue Fund.
 1094         3. For a replacement identification card issued pursuant to
 1095  s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
 1096  into the Highway Safety Operating Trust Fund and $16 shall be
 1097  deposited into the General Revenue Fund. Beginning July 1, 2015,
 1098  or upon completion of the transition of the driver’s license
 1099  issuance services, if the replacement identification card is
 1100  issued by the tax collector, the tax collector shall retain the
 1101  $9 that would otherwise be deposited into the Highway Safety
 1102  Operating Trust Fund and the remaining revenues shall be
 1103  deposited into the General Revenue Fund.
 1104         (2) It is the duty of the director of the Division of
 1105  Motorist Services Driver Licenses to set up a division in the
 1106  department with the necessary personnel to perform the necessary
 1107  clerical and routine work for the department in issuing and
 1108  recording applications, licenses, and certificates of
 1109  eligibility, including the receiving and accounting of all
 1110  license funds and their payment into the State Treasury, and
 1111  other incidental clerical work connected with the administration
 1112  of this chapter. The department may use such electronic,
 1113  mechanical, or other devices as necessary to accomplish the
 1114  purposes of this chapter.
 1115         Section 27. Subsection (8) is added to section 322.56,
 1116  Florida Statutes, to read:
 1117         322.56 Contracts for administration of driver’s license
 1118  examination.—
 1119         (8)The department shall contract with providers of
 1120  approved online traffic law and substance abuse education
 1121  courses to serve as third-party providers to conduct online, on
 1122  behalf of the department, examinations required pursuant to ss.
 1123  322.12 and 322.1615 to applicants for Class E learner’s drivers
 1124  licenses.
 1125         (a) The online testing program shall:
 1126         1. Use personal questions before the examination, which the
 1127  applicant is required to answer during the examination, to
 1128  strengthen test security to deter fraud;
 1129         2. Require, before the start of the examination, the
 1130  applicant’s parent, guardian, or other responsible adult who
 1131  meets the requirements of s. 322.09 to provide the third-party
 1132  administrator with his or her driver’s license number and to
 1133  certify that the parent, guardian, or responsible adult will
 1134  monitor the applicant during the examination; and
 1135         3. Require, before issuance by the department of a
 1136  learner’s driver’s license to an applicant who has passed an
 1137  online examination, the applicant’s parent, guardian, or other
 1138  responsible adult who meets the requirements of s. 322.09 to
 1139  certify to the department that he or she monitored the applicant
 1140  during the online examination. This certification shall be
 1141  similar to the certification required by s. 322.05(3). This
 1142  subsection does not preclude the department from continuing to
 1143  provide written examinations at drivers license facilities.
 1144         (b)All data regarding an applicant’s completion of the
 1145  examinations required in ss. 322.12 and 322.1615 must be
 1146  submitted to the department electronically in a format specified
 1147  by the department. This shall be the official documentation for
 1148  the completion of the examination. A third-party provider that
 1149  is found to be in violation of this paragraph is automatically
 1150  ineligible to provide online testing on behalf of the department
 1151  for a minimum of 1 year.
 1152         (c)The department may adopt rules to administer this
 1153  subsection.
 1154         Section 28. Subsection (32) of section 334.044, Florida
 1155  Statutes, is repealed.
 1156         Section 29. Subsection (2) of section 413.012, Florida
 1157  Statutes, is amended to read:
 1158         413.012 Confidential records disclosure prohibited;
 1159  exemptions.—
 1160         (2) It is unlawful for any person to disclose, authorize
 1161  the disclosure, solicit, receive, or make use of any list of
 1162  names and addresses or any record containing any information set
 1163  forth in subsection (1) and maintained in the division. The
 1164  prohibition provided for in this subsection shall not apply to
 1165  the use of such information for purposes directly connected with
 1166  the administration of the vocational rehabilitation program or
 1167  with the monthly dispatch to the Division of Motorist Services
 1168  Driver Licenses of the Department of Highway Safety and Motor
 1169  Vehicles of the name in full, place and date of birth, sex,
 1170  social security number, and resident address of individuals with
 1171  central visual acuity 20/200 or less in the better eye with
 1172  correcting glasses, or a disqualifying field defect in which the
 1173  peripheral field has contracted to such an extent that the
 1174  widest diameter or visual field subtends an angular distance no
 1175  greater than 20 degrees. When requested in writing by an
 1176  applicant or client, or her or his representative, the Division
 1177  of Blind Services shall release confidential information to the
 1178  applicant or client or her or his representative.
 1179         Section 30. Paragraph (c) of subsection (3) of section
 1180  921.0022, Florida Statutes, is amended to read:
 1181         921.0022 Criminal Punishment Code; offense severity ranking
 1182  chart.—
 1183         (3) OFFENSE SEVERITY RANKING CHART
 1184         (c) LEVEL 3
 1185  FloridaStatute   FelonyDegree                Description                 
 1186  119.10(2)(b)       3rd   Unlawful use of confidential information from police reports.
 1187  316.066 (3)(4)(b)-(d)  3rd   Unlawfully obtaining or using confidential crash reports.
 1188  316.193(2)(b)      3rd   Felony DUI, 3rd conviction.                 
 1189  316.1935(2)        3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 1190  319.30(4)          3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 1191  319.33(1)(a)       3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 1192  319.33(1)(c)       3rd   Procure or pass title on stolen vehicle.    
 1193  319.33(4)          3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 1194  327.35(2)(b)       3rd   Felony BUI.                                 
 1195  328.05(2)          3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 1196  328.07(4)          3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 1197  376.302(5)         3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 1198  379.2431 (1)(e)5.  3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 1199  379.2431 (1)(e)6.  3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 1200  400.9935(4)        3rd   Operating a clinic without a license or filing false license application or other required information.
 1201  440.1051(3)        3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 1202  501.001(2)(b)      2nd   Tampers with a consumer product or the container using materially false/misleading information.
 1203  624.401(4)(a)      3rd   Transacting insurance without a certificate of authority.
 1204  624.401(4)(b)1.    3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 1205  626.902(1)(a) & (b)  3rd   Representing an unauthorized insurer.       
 1206  697.08             3rd   Equity skimming.                            
 1207  790.15(3)          3rd   Person directs another to discharge firearm from a vehicle.
 1208  796.05(1)          3rd   Live on earnings of a prostitute.           
 1209  806.10(1)          3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 1210  806.10(2)          3rd   Interferes with or assaults firefighter in performance of duty.
 1211  810.09(2)(c)       3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 1212  812.014(2)(c)2.    3rd   Grand theft; $5,000 or more but less than $10,000.
 1213  812.0145(2)(c)     3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 1214  815.04(4)(b)       2nd   Computer offense devised to defraud or obtain property.
 1215  817.034(4)(a)3.    3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 1216  817.233            3rd   Burning to defraud insurer.                 
 1217  817.234 (8)(b)-(c)  3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 1218  817.234(11)(a)     3rd   Insurance fraud; property value less than $20,000.
 1219  817.236            3rd   Filing a false motor vehicle insurance application.
 1220  817.2361           3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 1221  817.413(2)         3rd   Sale of used goods as new.                  
 1222  817.505(4)         3rd   Patient brokering.                          
 1223  828.12(2)          3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1224  831.28(2)(a)       3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 1225  831.29             2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
 1226  838.021(3)(b)      3rd   Threatens unlawful harm to public servant.  
 1227  843.19             3rd   Injure, disable, or kill police dog or horse.
 1228  860.15(3)          3rd   Overcharging for repairs and parts.         
 1229  870.01(2)          3rd   Riot; inciting or encouraging.              
 1230  893.13(1)(a)2.     3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 1231  893.13(1)(d)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 1232  893.13(1)(f)2.     2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 1233  893.13(6)(a)       3rd   Possession of any controlled substance other than felony possession of cannabis.
 1234  893.13(7)(a)8.     3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 1235  893.13(7)(a)9.     3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 1236  893.13(7)(a)10.    3rd   Affix false or forged label to package of controlled substance.
 1237  893.13(7)(a)11.    3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 1238  893.13(8)(a)1.     3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 1239  893.13(8)(a)2.     3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 1240  893.13(8)(a)3.     3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 1241  893.13(8)(a)4.     3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 1242  918.13(1)(a)       3rd   Alter, destroy, or conceal investigation evidence.
 1243  944.47 (1)(a)1.-2.  3rd   Introduce contraband to correctional facility.
 1244  944.47(1)(c)       2nd   Possess contraband while upon the grounds of a correctional institution.
 1245  985.721            3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 1246         Section 31. Effective July 1, 2011, a Law Enforcement
 1247  Consolidation Task Force is created.
 1248         (1) Members of the task force shall consist of the
 1249  executive director of the Department of Highway Safety and Motor
 1250  Vehicles, the executive director of the Department of Law
 1251  Enforcement, a representative from the Office of the Attorney
 1252  General, a representative from the Department of Agriculture and
 1253  Consumer Services, the Colonel of the Florida Highway Patrol,
 1254  the Colonel of the Division of Law Enforcement of the Fish and
 1255  Wildlife Conservation Commission, a representative from the
 1256  Florida Sheriffs Association, and a representative from the
 1257  Florida Police Chiefs Association.
 1258         (2) The Department of Highway Safety and Motor Vehicles
 1259  shall provide administrative assistance to the task force.
 1260  However, this does not include travel expenses incurred by
 1261  members of the task force, which shall be borne by the agency
 1262  that the member represents.
 1263         (3) The task force shall evaluate any duplication of law
 1264  enforcement functions throughout state government and identify
 1265  any functions that are appropriate for possible consolidation.
 1266  The task force shall also evaluate administrative functions,
 1267  including, but not limited to, accreditation, training, legal
 1268  representation, vehicle fleets, aircraft, civilian-support
 1269  staffing, information technology, and geographic regions,
 1270  districts, or troops currently in use. The task force shall also
 1271  evaluate whether the Florida Highway Patrol should limit its
 1272  jurisdiction, except while in fresh pursuit, to the State
 1273  Highway System or the Florida Intrastate Highway System. If the
 1274  task force concludes that any state law enforcement
 1275  consolidation is appropriate, the task force shall make
 1276  recommendations and submit a plan to consolidate those state law
 1277  enforcement responsibilities. Any plan submitted must include
 1278  recommendations on the methodology to be used to achieve any
 1279  state law enforcement consolidation recommended by the task
 1280  force by June 30, 2013. The task force shall submit to the
 1281  President of the Senate and the Speaker of the House of
 1282  Representatives a report which includes any recommendations and
 1283  plan developed by the task force by December 31, 2011. The task
 1284  force expires June 30, 2012.
 1285         Section 32. (1) The Office of Motor Carrier Compliance of
 1286  the Department of Transportation is transferred to the Division
 1287  of the Florida Highway Patrol of the Department of Highway
 1288  Safety and Motor Vehicles as provided in Senate Bill 2000 of the
 1289  General Appropriations Act for the 2011-2012 fiscal year.
 1290         (2) Notwithstanding ss. 216.192 and 216.351, Florida
 1291  Statutes, upon approval by the Legislative Budget Commission,
 1292  the Executive Office of the Governor may transfer funds and
 1293  positions between agencies to implement this section.
 1294         Section 33. This act shall take effect July 1, 2011.
 1295  
 1296  ================= T I T L E  A M E N D M E N T ================
 1297         And the title is amended as follows:
 1298         Delete everything before the enacting clause
 1299  and insert:
 1300                        A bill to be entitled                      
 1301         An act relating to the Department of Highway Safety
 1302         and Motor Vehicles; amending s. 20.23, F.S.; creating
 1303         motor carrier weight inspection as an area of program
 1304         responsibility within the Department of
 1305         Transportation, which replaces motor carrier
 1306         compliance; amending s. 20.24, F.S.; revising the
 1307         divisions within the Department of Highway Safety and
 1308         Motor Vehicles; creating the Office of Motor Carrier
 1309         Compliance of the Division of the Florida Highway
 1310         Patrol within the Department of Highway Safety and
 1311         Motor Vehicles; amending ss. 110.205, 311.115,
 1312         316.302, 316.3025, 316.3026, 316.516, 316.545,
 1313         316.640, 320.18, and 321.05, F.S.; conforming
 1314         provisions to changes made by the act; amending s.
 1315         288.816, F.S.; requiring the department rather than
 1316         the Division of Motor Vehicles to issue special motor
 1317         vehicle license plates; amending s. 311.121, F.S.;
 1318         providing for a representative of the department
 1319         rather than the Division of Driver Licenses to be
 1320         appointed to the Seaport Security Officer
 1321         Qualification, Training, and Standards Coordinating
 1322         Council; amending s. 316.066, F.S.; revising
 1323         circumstances under which a law enforcement officer is
 1324         required to submit to the department a Florida Traffic
 1325         Crash Report, Long Form; providing for the use of
 1326         driver exchange-of-information forms under certain
 1327         circumstances; eliminating provisions authorizing
 1328         counties to establish certified central traffic
 1329         records centers, including provisions authorizing the
 1330         funding of such centers; deleting restrictions on the
 1331         commercial use of crash reports; amending s. 316.1957,
 1332         F.S.; requiring that motor vehicle records be
 1333         maintained by the department; amending s. 316.613,
 1334         F.S.; requiring the department rather than the
 1335         Division of Motor Vehicles to provide notice of the
 1336         requirements for child restraint devices; amending s.
 1337         318.15, F.S.; providing for the department rather than
 1338         the Division of Driver Licenses to administer certain
 1339         provisions governing the suspension of a person’s
 1340         driver’s license and privilege to drive; amending s.
 1341         320.05, F.S.; providing for a Division of Motorist
 1342         Services Procedures Manual; clarifying that the
 1343         creation and maintenance of records by the division is
 1344         not a law enforcement function; amending s. 320.275,
 1345         F.S.; providing for a representative of the department
 1346         rather than the Division of Motor Vehicles to be
 1347         appointed to the Automobile Dealers Industry Advisory
 1348         Board; amending s. 321.23, F.S.; specifying the fee to
 1349         be charged for a copy of a uniform traffic citation;
 1350         providing for a portion of the fees for crash reports
 1351         to be distributed to the investigating agency under
 1352         certain circumstances; authorizing the Department of
 1353         Highway Safety and Motor Vehicles to scan the records
 1354         of crash reports, which shall be considered original
 1355         copies; amending s. 322.02, F.S.; providing for the
 1356         Division of Motorist Services to administer ch. 322,
 1357         F.S., relating to driver’s licenses; amending s.
 1358         322.135, F.S.; providing duties of the tax collectors
 1359         with respect to driver’s license services; directing
 1360         the tax collectors who are constitutional officers to
 1361         assume all driver’s license issuance services by a
 1362         certain date and according to a specified schedule;
 1363         deleting obsolete provisions; authorizing the
 1364         department to create exceptions by rule for tax
 1365         collectors in counties having small populations;
 1366         amending s. 322.20, F.S.; providing for the department
 1367         and the Division of Motorist Services to maintain
 1368         certain records; amending s. 322.202, F.S.; clarifying
 1369         that the Division of Motorist Services is not a law
 1370         enforcement agency and is not an adjunct of any law
 1371         enforcement agency; amending s. 322.21, F.S.;
 1372         requiring that, beginning on a specified date, certain
 1373         fees be retained by the tax collectors who issue
 1374         driver’s licenses following the transition of the
 1375         driver’s license issuance services; providing for the
 1376         Division of Motorist Services to collect fees and
 1377         issue driver’s licenses and identification cards and
 1378         account for all license funds in the administration of
 1379         ch. 322, F.S.; amending s. 322.56, F.S.; authorizing
 1380         the Department of Highway Safety and Motor Vehicles to
 1381         contract with third-party providers to conduct online
 1382         examinations for applicants of learner’s driver’s
 1383         licenses; providing for requirements for the online
 1384         testing program; prohibiting a third-party provider
 1385         from providing testing services on behalf of the
 1386         department for a certain period if the provider fails
 1387         to comply with certain requirements; authorizing the
 1388         department to adopt rules; repealing s. 334.044(32),
 1389         F.S., relating to the authorization of the Office of
 1390         Motor Carrier Compliance within the Department of
 1391         Transportation to employ sworn law enforcement
 1392         officers to enforce traffic and criminal laws in this
 1393         state; amending s. 413.012, F.S., relating to certain
 1394         confidential records; conforming a reference to
 1395         changes made by the act; amending s. 921.0022, F.S.;
 1396         conforming a cross-reference; creating the Law
 1397         Enforcement Consolidation Task Force; providing for
 1398         membership; requiring the Department of Highway Safety
 1399         and Motor Vehicles to provide administrative
 1400         assistance to the task force; requiring the agency
 1401         that is represented by a member of the task force to
 1402         bear the travel expenses incurred by the member;
 1403         requiring the task force to evaluate the duplication
 1404         of law enforcement functions and to identify possible
 1405         consolidation; requiring the task force to evaluate
 1406         administrative functions; requiring the task force to
 1407         make recommendations and submit a report to the
 1408         Legislature by a certain date; providing for future
 1409         expiration; transferring the Office of Motor Carrier
 1410         Compliance of the Department of Transportation to the
 1411         Division of the Florida Highway Patrol of the
 1412         Department of Highway Safety and Motor Vehicles;
 1413         authorizing the Executive Office of the Governor to
 1414         transfer funds and positions between agencies;
 1415         providing an effective date.