Florida Senate - 2011 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2160
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
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
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
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
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
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.
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
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
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
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.
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 f or copies of public records provided by a
212 certified traffic records center shall be charged and collected
213 as follows:
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.
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
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.
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.—
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
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;
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.—
710 (b) Fees therefor shall be charged and collected as
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
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
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.):
892 Enlargement Color Black &
893 Proof White
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
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
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
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
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
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
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
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 division s 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
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
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 driver’s
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 driver’s 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
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;
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
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.
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.