Florida Senate - 2013 SB 1458
By Senator Brandes
22-00563A-13 20131458__
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 207.002, F.S.,
4 relating to the Florida Diesel Fuel and Motor Fuel Use
5 Tax Act of 1981; deleting definitions of the terms
6 “apportioned motor vehicle” and “apportionable
7 vehicle”; amending s. 316.1937, F.S.; revising
8 operational specifications for ignition interlock
9 devices; amending s. 316.302, F.S.; revising
10 provisions for certain commercial motor vehicles and
11 transporters and shippers of hazardous materials;
12 providing for application of specified federal
13 regulations; removing a provision for application of
14 specified provisions and federal regulations to
15 transporting liquefied petroleum gas; amending s.
16 316.3025, F.S.; providing penalties for violation of
17 specified federal regulations relating to medical and
18 physical requirements for commercial drivers while
19 driving a commercial motor vehicle; revising
20 provisions for seizure of a motor vehicle for refusal
21 to pay penalty; amending s. 316.545, F.S.; revising
22 language relating to certain commercial motor vehicles
23 not properly licensed and registered; amending s.
24 316.646, F.S.; authorizing the use of an electronic
25 device to provide proof of insurance under the
26 section; providing that displaying such information on
27 an electronic device does not constitute consent for a
28 law enforcement officer to access other information
29 stored on the device; providing that the person
30 displaying the device assumes the liability for any
31 resulting damage to the device; requiring the
32 department to adopt rules; amending s. 317.0016, F.S.,
33 relating to expedited services; removing a requirement
34 that the department provide such service for certain
35 certificates; amending s. 318.14, F.S., relating to
36 disposition of traffic citations; providing that
37 certain alternative procedures for certain traffic
38 offenses are not available to a person who holds a
39 commercial learner’s permit; amending s. 318.1451,
40 F.S.; revising provisions relating to driver
41 improvement schools; removing a provision for a chief
42 judge to establish requirements for the location of
43 schools within a judicial circuit; removing a
44 provision that authorizes a person to operate a driver
45 improvement school; revising provisions for persons
46 taking unapproved course; providing criteria for
47 initial approval of courses; revising requirements for
48 assessment fees, courses, course certificates, and
49 course providers; directing the department to adopt
50 rules; amending s. 319.225, F.S.; revising provisions
51 for certificates of title, reassignment of title, and
52 forms; revising procedures for transfer of title;
53 amending s. 319.23, F.S.; revising requirements for
54 content of certificates of title and applications for
55 title; amending s. 319.28, F.S.; revising provisions
56 for transfer of ownership by operation of law when a
57 motor vehicle or mobile home is repossessed; removing
58 provisions for a certificate of repossession; amending
59 s. 319.323, F.S., relating to expedited services of
60 the department; removing certificates of repossession;
61 amending s. 320.01, F.S.; removing the definition of
62 the term “apportioned motor vehicle”; revising the
63 definition of the term “apportionable motor vehicle”;
64 amending s. 320.02, F.S.; revising requirements for
65 application for motor vehicle registration; amending
66 s. 320.03, F.S.; revising a provision for registration
67 under the International Registration Plan; amending s.
68 320.05, F.S.; revising provisions relating to record
69 inspection procedures and fees; deleting provisions
70 that permit certain public inspection of registration
71 records; deleting a provision allowing certain
72 businesses and professionals to obtain information by
73 telecommunication in certain circumstances; conforming
74 and clarifying a list of records that may be provided
75 by the department; amending s. 320.071, F.S.; revising
76 a provision for advance renewal of registration under
77 the International Registration Plan; amending s.
78 320.0715, F.S.; revising provisions for vehicles
79 required to be registered under the International
80 Registration Plan; amending s. 320.18, F.S.; providing
81 for withholding of motor vehicle or mobile home
82 registration when a coowner has failed to register the
83 motor vehicle or mobile home during a previous period
84 when such registration was required; providing for
85 cancelling a vehicle or vessel registration, driver
86 license, identification card, or fuel-use tax decal if
87 the coowner pays certain fees and other liabilities
88 with a dishonored check; amending s. 320.27, F.S.,
89 relating to motor vehicle dealers; providing for
90 extended periods for dealer licenses and supplemental
91 licenses; providing fees; amending s. 320.62, F.S.,
92 relating to manufacturers, distributors, and importers
93 of motor vehicles; providing for extended licensure
94 periods; providing fees; amending s. 320.77, F.S.,
95 relating to mobile home dealers; providing for
96 extended licensure periods; providing fees; amending
97 s. 320.771, F.S., relating to recreational vehicle
98 dealers; providing for extended licensure periods;
99 providing fees; amending s. 320.8225, F.S., relating
100 to mobile home and recreational vehicle manufacturers,
101 distributors, and importers; providing for extended
102 licensure periods; providing fees; amending s.
103 322.095, F.S.; requiring an applicant for a driver
104 license to complete a traffic law and substance abuse
105 education course; providing exceptions; revising
106 procedures for evaluation and approval of such
107 courses; revising criteria for such courses and the
108 schools conducting the courses; providing for
109 collection and disposition of certain fees; requiring
110 providers to maintain records; directing the
111 department to conduct effectiveness studies; requiring
112 a provider to cease offering a course that fails the
113 study; requiring courses to be updated at the request
114 of the department; providing a timeframe for course
115 length; prohibiting a provider from charging for a
116 completion certificate; requiring providers to
117 disclose certain information; requiring providers to
118 submit course completion information to the department
119 within a certain time period; prohibiting certain
120 acts; providing that the department shall not accept
121 certification from certain students; prohibiting a
122 person convicted of certain crimes from conducting
123 courses; directing the department to suspend course
124 approval for certain purposes; providing for the
125 department to deny, suspend, or revoke course approval
126 for certain acts; providing for administrative hearing
127 before final action denying, suspending, or revoking
128 course approval; providing penalties for violations;
129 amending s. 322.125, F.S.; revising criteria for
130 members of the Medical Advisory Board; amending s.
131 322.135, F.S.; removing a provision that authorizes a
132 tax collector to direct certain licensees to the
133 department for examination or reexamination; amending
134 s. 322.18, F.S.; revising provisions for a vision test
135 required for driver license renewal for certain
136 drivers; amending s. 322.21, F.S.; providing a fee for
137 a commercial learner’s permit; amending s. 322.212,
138 F.S.; providing penalties for certain violations
139 involving application and testing for a commercial
140 driver license or a commercial learner’s permit;
141 amending s. 322.22, F.S.; authorizing the department
142 to withhold issuance or renewal of a driver license,
143 identification card, vehicle or vessel registration,
144 or fuel-use decal under certain circumstances;
145 amending s. 322.245, F.S.; requiring a depository or
146 clerk of court to electronically notify the department
147 of a person’s failure to pay support or comply with
148 directives of the court; amending s. 322.25, F.S.;
149 removing a provision for a court order to reinstate a
150 person’s driving privilege on a temporary basis when
151 the person’s license and driving privilege have been
152 revoked under certain circumstances; amending ss.
153 322.2615 and 322.2616, F.S., relating to review of a
154 license suspension when the driver had blood or breath
155 alcohol at a certain level or the driver refused a
156 test of his or her blood or breath to determine the
157 alcohol level; revising provisions for informal and
158 formal reviews; providing for the hearing officer to
159 be designated by the department; authorizing the
160 hearing officer to conduct hearings using
161 telecommunications technology; revising procedures for
162 enforcement of subpoenas; directing the department to
163 issue a temporary driving permit or invalidate the
164 suspension under certain circumstances; providing for
165 construction of specified provisions; amending s.
166 322.64, F.S., relating to driving with unlawful blood
167 alcohol level or refusal to submit to breath, urine,
168 or blood test by a commercial driver license holder or
169 person driving a commercial motor vehicle; providing
170 that a disqualification from driving a commercial
171 motor vehicle is considered a conviction for certain
172 purposes; revising the time period a person is
173 disqualified from driving for alcohol-related
174 violations; revising requirements for notice of the
175 disqualification; providing that under the review of a
176 disqualification the hearing officer shall consider
177 the crash report; revising provisions for informal and
178 formal reviews; providing for the hearing officer to
179 be designated by the department; authorizing the
180 hearing officer to conduct hearings using
181 telecommunications technology; revising procedures for
182 enforcement of subpoenas; directing the department to
183 issue a temporary driving permit or invalidate the
184 suspension under certain circumstances; providing for
185 construction of specified provisions; amending s.
186 322.2715, F.S.; providing requirements for issuance of
187 a restricted license for a person convicted of a DUI
188 offense if a medical waiver of placement of an
189 ignition interlock device was given to such person;
190 amending s. 322.28, F.S., relating to revocation of
191 driver license for convictions of DUI offenses;
192 providing that convictions occurring on the same date
193 for offenses occurring on separate dates are
194 considered separate convictions; removing a provision
195 relating to a court order for reinstatement of a
196 revoked license; repealing s. 322.331, F.S., relating
197 to habitual traffic offenders; amending s. 322.61,
198 F.S.; revising provisions for disqualification from
199 operating a commercial motor vehicle; providing for
200 application of such provisions to persons holding a
201 commercial learner’s permit; revising the offenses for
202 which certain disqualifications apply; amending s.
203 324.0221, F.S.; revising the actions which must be
204 reported to the department by an insurer that has
205 issued a policy providing personal injury protection
206 coverage or property damage liability coverage;
207 revising time allowed for submitting the report;
208 amending s. 324.031, F.S.; revising the methods a
209 vehicle owner or operator may use to prove financial
210 responsibility; removing a provision for posting a
211 bond with the department; amending s. 324.091, F.S.;
212 revising provisions requiring motor vehicle owners and
213 operators to provide evidence to the department of
214 liability insurance coverage under certain
215 circumstances; revising provisions for verification by
216 insurers of such evidence; amending s. 324.161, F.S.;
217 providing requirements for issuance of a certificate
218 of insurance; requiring proof of a certificate of
219 deposit of a certain amount of money in a financial
220 institution; providing for power of attorney to be
221 issued to the department for execution under certain
222 circumstances; amending s. 328.01, F.S., relating to
223 vessel titles; revising identification requirements
224 for applications for a certificate of title; amending
225 s. 328.48, F.S., relating to vessel registration;
226 revising identification requirements for applications
227 for vessel registration; amending s. 328.76, F.S.,
228 relating to vessel registration funds; revising
229 provisions for funds to be deposited into the Highway
230 Safety Operating Trust Fund; amending ss. 212.08,
231 261.03, 316.2122, 316.2124, 316.21265, 316.3026,
232 316.550, 317.0003, 320.08, 320.0847, 322.271, 322.282,
233 324.023, 324.171, 324.191, 627.733, and 627.7415,
234 F.S.; correcting cross-references and conforming
235 provisions to changes made by the act; providing an
236 effective date.
237
238 Be It Enacted by the Legislature of the State of Florida:
239
240 Section 1. Section 207.002, Florida Statutes, is reordered
241 and amended to read:
242 207.002 Definitions.—As used in this chapter, the term:
243 (1) “Apportioned motor vehicle” means any motor vehicle
244 which is required to be registered under the International
245 Registration Plan.
246 (1)(2) “Commercial motor vehicle” means any vehicle not
247 owned or operated by a governmental entity which uses diesel
248 fuel or motor fuel on the public highways; and which has a gross
249 vehicle weight in excess of 26,000 pounds, or has three or more
250 axles regardless of weight, or is used in combination when the
251 weight of such combination exceeds 26,000 pounds gross vehicle
252 weight. The term excludes any vehicle owned or operated by a
253 community transportation coordinator as defined in s. 427.011 or
254 by a private operator that provides public transit services
255 under contract with such a provider.
256 (2)(3) “Department” means the Department of Highway Safety
257 and Motor Vehicles.
258 (7)(4) “Motor carrier” means any person owning,
259 controlling, operating, or managing any motor vehicle used to
260 transport persons or property over any public highway.
261 (8)(5) “Motor fuel” means what is commonly known and sold
262 as gasoline and fuels containing a mixture of gasoline and other
263 products.
264 (9)(6) “Operate,” “operated,” “operation,” or “operating”
265 means and includes the utilization in any form of any commercial
266 motor vehicle, whether loaded or empty, whether utilized for
267 compensation or not for compensation, and whether owned by or
268 leased to the motor carrier who uses it or causes it to be used.
269 (10)(7) “Person” means and includes natural persons,
270 corporations, copartnerships, firms, companies, agencies, or
271 associations, singular or plural.
272 (11)(8) “Public highway” means any public street, road, or
273 highway in this state.
274 (3)(9) “Diesel fuel” means any liquid product or gas
275 product or combination thereof, including, but not limited to,
276 all forms of fuel known or sold as diesel fuel, kerosene, butane
277 gas, or propane gas and all other forms of liquefied petroleum
278 gases, except those defined as “motor fuel,” used to propel a
279 motor vehicle.
280 (13)(10) “Use,” “uses,” or “used” means the consumption of
281 diesel fuel or motor fuel in a commercial motor vehicle for the
282 propulsion thereof.
283 (4)(11) “International Registration Plan” means a
284 registration reciprocity agreement among states of the United
285 States and provinces of Canada providing for payment of license
286 fees or license taxes on the basis of fleet miles operated in
287 various jurisdictions.
288 (12) “Apportionable vehicle” means any vehicle, except a
289 recreational vehicle, a vehicle displaying restricted plates, a
290 municipal pickup and delivery vehicle, a bus used in
291 transportation of chartered parties, and a government-owned
292 vehicle, which is used or intended for use in two or more states
293 of the United States or provinces of Canada that allocate or
294 proportionally register vehicles and which is used for the
295 transportation of persons for hire or is designed, used, or
296 maintained primarily for the transportation of property and:
297 (a) Is a power unit having a gross vehicle weight in excess
298 of 26,000 pounds;
299 (b) Is a power unit having three or more axles, regardless
300 of weight; or
301 (c) Is used in combination, when the weight of such
302 combination exceeds 26,000 pounds gross vehicle weight.
303 (5)(13) “Interstate” means vehicle movement between or
304 through two or more states.
305 (6)(14) “Intrastate” means vehicle movement from one point
306 within a state to another point within the same state.
307 (12)(15) “Registrant” means a person in whose name or names
308 a vehicle is properly registered.
309 Section 2. Subsection (1) of section 316.1937, Florida
310 Statutes, is amended to read:
311 316.1937 Ignition interlock devices, requiring; unlawful
312 acts.—
313 (1) In addition to any other authorized penalties, the
314 court may require that any person who is convicted of driving
315 under the influence in violation of s. 316.193 shall not operate
316 a motor vehicle unless that vehicle is equipped with a
317 functioning ignition interlock device certified by the
318 department as provided in s. 316.1938, and installed in such a
319 manner that the vehicle will not start if the operator’s blood
320 alcohol level is in excess of 0.025 0.05 percent or as otherwise
321 specified by the court. The court may require the use of an
322 approved ignition interlock device for a period of at least not
323 less than 6 continuous months, if the person is permitted to
324 operate a motor vehicle, whether or not the privilege to operate
325 a motor vehicle is restricted, as determined by the court. The
326 court, however, shall order placement of an ignition interlock
327 device in those circumstances required by s. 316.193.
328 Section 3. Paragraph (b) of subsection (1), paragraph (a)
329 of subsection (4), and subsection (9) of section 316.302,
330 Florida Statutes, are amended to read:
331 316.302 Commercial motor vehicles; safety regulations;
332 transporters and shippers of hazardous materials; enforcement.—
333 (1)
334 (b) Except as otherwise provided in this section, all
335 owners or drivers of commercial motor vehicles that are engaged
336 in intrastate commerce are subject to the rules and regulations
337 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
338 the exception of 49 C.F.R. s. 390.5 as it relates to the
339 definition of bus, as such rules and regulations existed on
340 December 31, 2012 October 1, 2011.
341 (4)(a) Except as provided in this subsection, all
342 commercial motor vehicles transporting any hazardous material on
343 any road, street, or highway open to the public, whether engaged
344 in interstate or intrastate commerce, and any person who offers
345 hazardous materials for such transportation, are subject to the
346 regulations contained in 49 C.F.R. part 107, subparts F and
347 subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
348 Effective July 1, 1997, the exceptions for intrastate motor
349 carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
350 adopted.
351 (9)(a) This section is not applicable to the transporting
352 of liquefied petroleum gas. The rules and regulations applicable
353 to the transporting of liquefied petroleum gas on the highways,
354 roads, or streets of this state shall be only those adopted by
355 the Department of Agriculture and Consumer Services under
356 chapter 527. However, transporters of liquefied petroleum gas
357 must comply with the requirements of 49 C.F.R. parts 393 and
358 396.9.
359 (b) This section does not apply to any nonpublic sector
360 bus.
361 Section 4. Paragraph (b) of subsection (3) and subsection
362 (5) of section 316.3025, Florida Statutes, are amended to read:
363 316.3025 Penalties.—
364 (3)
365 (b) A civil penalty of $100 may be assessed for:
366 1. Each violation of the North American Uniform Driver Out
367 of-Service Criteria;
368 2. A violation of s. 316.302(2)(b) or (c);
369 3. A violation of 49 C.F.R. s. 392.60; or
370 4. A violation of the North American Standard Vehicle Out
371 of-Service Criteria resulting from an inspection of a commercial
372 motor vehicle involved in a crash; or
373 5. A violation of 49 C.F.R. s. 391.41.
374 (5) Whenever any person or motor carrier as defined in
375 chapter 320 violates the provisions of this section and becomes
376 indebted to the state because of such violation and refuses to
377 pay the appropriate penalty, in addition to the provisions of s.
378 316.3026, such penalty becomes a lien upon the property
379 including the motor vehicles of such person or motor carrier and
380 may be seized and foreclosed by the state in a civil action in
381 any court of this state. It shall be presumed that the owner of
382 the motor vehicle is liable for the sum, and the vehicle may be
383 detained or impounded until the penalty is paid.
384 Section 5. Subsection (3) of section 316.545, Florida
385 Statutes, is amended to read:
386 316.545 Weight and load unlawful; special fuel and motor
387 fuel tax enforcement; inspection; penalty; review.—
388 (3) Any person who violates the overloading provisions of
389 this chapter shall be conclusively presumed to have damaged the
390 highways of this state by reason of such overloading, which
391 damage is hereby fixed as follows:
392 (a) When the excess weight is 200 pounds or less than the
393 maximum herein provided, the penalty shall be $10;
394 (b) Five cents per pound for each pound of weight in excess
395 of the maximum herein provided when the excess weight exceeds
396 200 pounds. However, whenever the gross weight of the vehicle or
397 combination of vehicles does not exceed the maximum allowable
398 gross weight, the maximum fine for the first 600 pounds of
399 unlawful axle weight shall be $10;
400 (c) For a vehicle equipped with fully functional idle
401 reduction technology, any penalty shall be calculated by
402 reducing the actual gross vehicle weight or the internal bridge
403 weight by the certified weight of the idle-reduction technology
404 or by 400 pounds, whichever is less. The vehicle operator must
405 present written certification of the weight of the idle
406 reduction technology and must demonstrate or certify that the
407 idle-reduction technology is fully functional at all times. This
408 calculation is not allowed for vehicles described in s.
409 316.535(6);
410 (d) An apportionable apportioned motor vehicle, as defined
411 in s. 320.01, operating on the highways of this state without
412 being properly licensed and registered shall be subject to the
413 penalties as herein provided in this section; and
414 (e) Vehicles operating on the highways of this state from
415 nonmember International Registration Plan jurisdictions which
416 are not in compliance with the provisions of s. 316.605 shall be
417 subject to the penalties as herein provided.
418 Section 6. Subsection (1) of section 316.646, Florida
419 Statutes, is amended, and subsection (5) is added to that
420 section, to read:
421 316.646 Security required; proof of security and display
422 thereof; dismissal of cases.—
423 (1) Any person required by s. 324.022 to maintain property
424 damage liability security, required by s. 324.023 to maintain
425 liability security for bodily injury or death, or required by s.
426 627.733 to maintain personal injury protection security on a
427 motor vehicle shall have in his or her immediate possession at
428 all times while operating such motor vehicle proper proof of
429 maintenance of the required security.
430 (a) Such proof shall be in a uniform paper or electronic
431 format, as proof-of-insurance card in a form prescribed by the
432 department, a valid insurance policy, an insurance policy
433 binder, a certificate of insurance, or such other proof as may
434 be prescribed by the department.
435 (b)1. The act of presenting to a law enforcement officer an
436 electronic device displaying proof of insurance in an electronic
437 format does not constitute consent for the officer to access any
438 information on the device other than the displayed proof of
439 insurance.
440 2. The person who presents the device to the officer
441 assumes the liability for any resulting damage to the device.
442 (5) The department shall adopt rules to administer this
443 section.
444 Section 7. Section 317.0016, Florida Statutes, is amended
445 to read:
446 317.0016 Expedited service; applications; fees.—The
447 department shall provide, through its agents and for use by the
448 public, expedited service on title transfers, title issuances,
449 duplicate titles, and recordation of liens, and certificates of
450 repossession. A fee of $7 shall be charged for this service,
451 which is in addition to the fees imposed by ss. 317.0007 and
452 317.0008, and $3.50 of this fee shall be retained by the
453 processing agency. All remaining fees shall be deposited in the
454 Incidental Trust Fund of the Florida Forest Service of the
455 Department of Agriculture and Consumer Services. Application for
456 expedited service may be made by mail or in person. The
457 department shall issue each title applied for pursuant to this
458 section within 5 working days after receipt of the application
459 except for an application for a duplicate title certificate
460 covered by s. 317.0008(3), in which case the title must be
461 issued within 5 working days after compliance with the
462 department’s verification requirements.
463 Section 8. Subsections (9) and (10) of section 318.14,
464 Florida Statutes, are amended to read:
465 318.14 Noncriminal traffic infractions; exception;
466 procedures.—
467 (9) Any person who does not hold a commercial driver
468 license or commercial learner’s permit and who is cited while
469 driving a noncommercial motor vehicle for an infraction under
470 this section other than a violation of s. 316.183(2), s.
471 316.187, or s. 316.189 when the driver exceeds the posted limit
472 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
473 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
474 lieu of a court appearance, elect to attend in the location of
475 his or her choice within this state a basic driver improvement
476 course approved by the Department of Highway Safety and Motor
477 Vehicles. In such a case, adjudication must be withheld and
478 points, as provided by s. 322.27, may not be assessed. However,
479 a person may not make an election under this subsection if the
480 person has made an election under this subsection in the
481 preceding 12 months. A person may not make more than five
482 elections within his or her lifetime under this subsection. The
483 requirement for community service under s. 318.18(8) is not
484 waived by a plea of nolo contendere or by the withholding of
485 adjudication of guilt by a court. If a person makes an election
486 to attend a basic driver improvement course under this
487 subsection, 18 percent of the civil penalty imposed under s.
488 318.18(3) shall be deposited in the State Courts Revenue Trust
489 Fund; however, that portion is not revenue for purposes of s.
490 28.36 and may not be used in establishing the budget of the
491 clerk of the court under that section or s. 28.35.
492 (10)(a) Any person who does not hold a commercial driver
493 license or commercial learner’s permit and who is cited while
494 driving a noncommercial motor vehicle for an offense listed
495 under this subsection may, in lieu of payment of fine or court
496 appearance, elect to enter a plea of nolo contendere and provide
497 proof of compliance to the clerk of the court, designated
498 official, or authorized operator of a traffic violations bureau.
499 In such case, adjudication shall be withheld; however, a person
500 may not make an election under this subsection if the person has
501 made an election under this subsection in the preceding 12
502 months. A person may not make more than three elections under
503 this subsection. This subsection applies to the following
504 offenses:
505 1. Operating a motor vehicle without a valid driver license
506 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
507 operating a motor vehicle with a license that has been suspended
508 for failure to appear, failure to pay civil penalty, or failure
509 to attend a driver improvement course pursuant to s. 322.291.
510 2. Operating a motor vehicle without a valid registration
511 in violation of s. 320.0605, s. 320.07, or s. 320.131.
512 3. Operating a motor vehicle in violation of s. 316.646.
513 4. Operating a motor vehicle with a license that has been
514 suspended under s. 61.13016 or s. 322.245 for failure to pay
515 child support or for failure to pay any other financial
516 obligation as provided in s. 322.245; however, this subparagraph
517 does not apply if the license has been suspended pursuant to s.
518 322.245(1).
519 5. Operating a motor vehicle with a license that has been
520 suspended under s. 322.091 for failure to meet school attendance
521 requirements.
522 (b) Any person cited for an offense listed in this
523 subsection shall present proof of compliance before the
524 scheduled court appearance date. For the purposes of this
525 subsection, proof of compliance shall consist of a valid,
526 renewed, or reinstated driver license or registration
527 certificate and proper proof of maintenance of security as
528 required by s. 316.646. Notwithstanding waiver of fine, any
529 person establishing proof of compliance shall be assessed court
530 costs of $25, except that a person charged with violation of s.
531 316.646(1)-(3) may be assessed court costs of $8. One dollar of
532 such costs shall be remitted to the Department of Revenue for
533 deposit into the Child Welfare Training Trust Fund of the
534 Department of Children and Family Services. One dollar of such
535 costs shall be distributed to the Department of Juvenile Justice
536 for deposit into the Juvenile Justice Training Trust Fund.
537 Fourteen dollars of such costs shall be distributed to the
538 municipality and $9 shall be deposited by the clerk of the court
539 into the fine and forfeiture fund established pursuant to s.
540 142.01, if the offense was committed within the municipality. If
541 the offense was committed in an unincorporated area of a county
542 or if the citation was for a violation of s. 316.646(1)-(3), the
543 entire amount shall be deposited by the clerk of the court into
544 the fine and forfeiture fund established pursuant to s. 142.01,
545 except for the moneys to be deposited into the Child Welfare
546 Training Trust Fund and the Juvenile Justice Training Trust
547 Fund. This subsection does not authorize the operation of a
548 vehicle without a valid driver license, without a valid vehicle
549 tag and registration, or without the maintenance of required
550 security.
551 Section 9. Section 318.1451, Florida Statutes, is amended
552 to read:
553 318.1451 Driver improvement schools.—
554 (1)(a) The department of Highway Safety and Motor Vehicles
555 shall approve and regulate the courses of all driver improvement
556 schools, as the courses relate to ss. 318.14(9), 322.0261, and
557 322.291, including courses that use technology as a delivery
558 method. The chief judge of the applicable judicial circuit may
559 establish requirements regarding the location of schools within
560 the judicial circuit. A person may engage in the business of
561 operating a driver improvement school that offers department
562 approved courses related to ss. 318.14(9), 322.0261, and
563 322.291.
564 (b) The Department of Highway Safety and Motor Vehicles
565 shall approve and regulate courses that use technology as the
566 delivery method of all driver improvement schools as the courses
567 relate to ss. 318.14(9) and 322.0261.
568 (2)(a) In determining whether to approve the courses
569 referenced in this section, the department shall consider course
570 content designed to promote safety, driver awareness, crash
571 avoidance techniques, and other factors or criteria to improve
572 driver performance from a safety viewpoint, including promoting
573 motorcyclist, bicyclist, and pedestrian safety and risk factors
574 resulting from driver attitude and irresponsible driver
575 behaviors, such as speeding, running red lights and stop signs,
576 and using electronic devices while driving. Initial approval of
577 the courses shall also be based on the department’s review of
578 all course materials, course presentation to the department by
579 the provider, and the provider’s plan for effective oversight of
580 the course by those who deliver the course in the state. New
581 courses shall be provisionally approved and limited to the
582 judicial circuit originally approved for pilot testing until the
583 course is fully approved by the department for statewide
584 delivery.
585 (b) In determining whether to approve courses of driver
586 improvement schools that use technology as the delivery method
587 as the courses relate to ss. 318.14(9) and 322.0261, the
588 department shall consider only those courses submitted by a
589 person, business, or entity which have approval for statewide
590 delivery.
591 (3) The department of Highway Safety and Motor Vehicles
592 shall not accept suspend accepting proof of attendance of
593 courses from persons who attend those schools that do not teach
594 an approved course. In those circumstances, a person who has
595 elected to take courses from such a school shall receive a
596 refund from the school, and the person shall have the
597 opportunity to take the course at another school.
598 (4) In addition to a regular course fee, an assessment fee
599 in the amount of $2.50 shall be collected by the school from
600 each person who elects to attend a course, as it relates to ss.
601 318.14(9), 322.0261, 322.291, and 627.06501. The course provider
602 must remit the $2.50 assessment fee to the department for
603 deposit into, which shall be remitted to the Department of
604 Highway Safety and Motor Vehicles and deposited in the Highway
605 Safety Operating Trust Fund in order to receive unique course
606 completion certificate numbers for course participants. The
607 assessment fee will be used to administer this program and to
608 fund the general operations of the department.
609 (5)(a) The department is authorized to maintain the
610 information and records necessary to administer its duties and
611 responsibilities for driver improvement courses. Course
612 providers are required to maintain all records related to the
613 conduct of their approved courses for 5 years and allow the
614 department to inspect course records as necessary. Records may
615 be maintained in an electronic format. If Where such information
616 is a public record as defined in chapter 119, it shall be made
617 available to the public upon request pursuant to s. 119.07(1).
618 (b) The department or court may prepare a traffic school
619 reference guide which lists the benefits of attending a driver
620 improvement school and contains the names of the fully approved
621 course providers with a single telephone number for each
622 provider as furnished by the provider.
623 (6) The department shall adopt rules establishing and
624 maintaining policies and procedures to implement the
625 requirements of this section. These policies and procedures may
626 include, but shall not be limited to, the following:
627 (a) Effectiveness studies.—The department shall conduct
628 effectiveness studies on each type of driver improvement course
629 pertaining to ss. 318.14(9), 322.0261, and 322.291 on a
630 recurring 5-year basis, including in the study process the
631 consequence of failed studies.
632 (b) Required updates.—The department may require that
633 courses approved under this section be updated at the
634 department’s request. Failure of a course provider to update the
635 course under this section shall result in the suspension of the
636 course approval until the course is updated and approved by the
637 department.
638 (c) Course conduct.—The department shall require that the
639 approved course providers ensure their driver improvement
640 schools are conducting the approved course fully and to the
641 required time limit and content requirements.
642 (d) Course content.—The department shall set and modify
643 course content requirements to keep current with laws and safety
644 information. Course content includes all items used in the
645 conduct of the course.
646 (e) Course duration.—The department shall set the duration
647 of all course types.
648 (f) Submission of records.—The department shall require
649 that all course providers submit course completion information
650 to the department through the department’s Driver Improvement
651 Certificate Issuance System within 5 days.
652 (g) Sanctions.—The department shall develop the criteria to
653 sanction the course approval of a course provider for any
654 violation of this section or any other law that pertains to the
655 approval and use of driver improvement courses.
656 (h) Miscellaneous requirements.—The department shall
657 require that all course providers:
658 1. Disclose all fees associated with courses offered by the
659 provider and associated driver improvement schools and not
660 charge any fees that are not disclosed during registration.
661 2. Provide proof of ownership, copyright, or written
662 permission from the course owner to use the course in this
663 state.
664 3. Ensure that any course that is offered in a classroom
665 setting, by the provider or a school authorized by the provider
666 to teach the course, is offered the course at locations that are
667 free from distractions and reasonably accessible to most
668 applicants.
669 4. Issue a certificate to persons who successfully complete
670 the course.
671 Section 10. Section 319.225, Florida Statutes, is amended
672 to read:
673 319.225 Transfer and reassignment forms; odometer
674 disclosure statements.—
675 (1) Every certificate of title issued by the department
676 must contain the following statement on its reverse side:
677 “Federal and state law require the completion of the odometer
678 statement set out below. Failure to complete or providing false
679 information may result in fines, imprisonment, or both.”
680 (2) Each certificate of title issued by the department must
681 contain on its front reverse side a form for transfer of title
682 by the titleholder of record, which form must contain an
683 odometer disclosure statement in the form required by 49 C.F.R.
684 s. 580.5.
685 (3) Each certificate of title issued by the department must
686 contain on its reverse side as many forms as space allows for
687 reassignment of title by a licensed dealer as permitted by s.
688 319.21(3), which form or forms shall contain an odometer
689 disclosure statement in the form required by 49 C.F.R. s. 580.5.
690 When all dealer reassignment forms provided on the back of the
691 title certificate have been filled in, a dealer may reassign the
692 title certificate by using a separate dealer reassignment form
693 issued by the department in compliance with 49 C.F.R. ss. 580.4
694 and 580.5, which form shall contain an original that two carbon
695 copies one of which shall be submitted directly to the
696 department by the dealer within 5 business days after the
697 transfer and a copy that one of which shall be retained by the
698 dealer in his or her records for 5 years. The provisions of this
699 subsection shall also apply to vehicles not previously titled in
700 this state and vehicles whose title certificates do not contain
701 the forms required by this section.
702 (4) Upon transfer or reassignment of a certificate of title
703 to a used motor vehicle, the transferor shall complete the
704 odometer disclosure statement provided for by this section and
705 the transferee shall acknowledge the disclosure by signing and
706 printing his or her name in the spaces provided. This subsection
707 does not apply to a vehicle that has a gross vehicle rating of
708 more than 16,000 pounds, a vehicle that is not self-propelled,
709 or a vehicle that is 10 years old or older. A lessor who
710 transfers title to his or her vehicle without obtaining
711 possession of the vehicle shall make odometer disclosure as
712 provided by 49 C.F.R. s. 580.7. Any person who fails to complete
713 or acknowledge a disclosure statement as required by this
714 subsection is guilty of a misdemeanor of the second degree,
715 punishable as provided in s. 775.082 or s. 775.083. The
716 department may not issue a certificate of title unless this
717 subsection has been complied with.
718 (5) The same person may not sign a disclosure statement as
719 both the transferor and the transferee in the same transaction
720 except as provided in subsection (6).
721 (6)(a) If the certificate of title is physically held by a
722 lienholder, the transferor may give a power of attorney to his
723 or her transferee for the purpose of odometer disclosure. The
724 power of attorney must be on a form issued or authorized by the
725 department, which form must be in compliance with 49 C.F.R. ss.
726 580.4 and 580.13. The department shall not require the signature
727 of the transferor to be notarized on the form; however, in lieu
728 of notarization, the form shall include an affidavit with the
729 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
730 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
731 ARE TRUE. The transferee shall sign the power of attorney form,
732 print his or her name, and return a copy of the power of
733 attorney form to the transferor. Upon receipt of a title
734 certificate, the transferee shall complete the space for mileage
735 disclosure on the title certificate exactly as the mileage was
736 disclosed by the transferor on the power of attorney form. If
737 the transferee is a licensed motor vehicle dealer who is
738 transferring the vehicle to a retail purchaser, the dealer shall
739 make application on behalf of the retail purchaser as provided
740 in s. 319.23(6) and shall submit the original power of attorney
741 form to the department with the application for title and the
742 transferor’s title certificate; otherwise, a dealer may reassign
743 the title certificate by using the dealer reassignment form in
744 the manner prescribed in subsection (3), and, at the time of
745 physical transfer of the vehicle, the original power of attorney
746 shall be delivered to the person designated as the transferee of
747 the dealer on the dealer reassignment form. A copy of the
748 executed power of attorney shall be submitted to the department
749 with a copy of the executed dealer reassignment form within 5
750 business days after the certificate of title and dealer
751 reassignment form are delivered by the dealer to its transferee.
752 (b) If the certificate of title is lost or otherwise
753 unavailable, the transferor may give a power of attorney to his
754 or her transferee for the purpose of odometer disclosure. The
755 power of attorney must be on a form issued or authorized by the
756 department, which form must be in compliance with 49 C.F.R. ss.
757 580.4 and 580.13. The department shall not require the signature
758 of the transferor to be notarized on the form; however, in lieu
759 of notarization, the form shall include an affidavit with the
760 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
761 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
762 ARE TRUE. The transferee shall sign the power of attorney form,
763 print his or her name, and return a copy of the power of
764 attorney form to the transferor. Upon receipt of the title
765 certificate or a duplicate title certificate, the transferee
766 shall complete the space for mileage disclosure on the title
767 certificate exactly as the mileage was disclosed by the
768 transferor on the power of attorney form. If the transferee is a
769 licensed motor vehicle dealer who is transferring the vehicle to
770 a retail purchaser, the dealer shall make application on behalf
771 of the retail purchaser as provided in s. 319.23(6) and shall
772 submit the original power of attorney form to the department
773 with the application for title and the transferor’s title
774 certificate or duplicate title certificate; otherwise, a dealer
775 may reassign the title certificate by using the dealer
776 reassignment form in the manner prescribed in subsection (3),
777 and, at the time of physical transfer of the vehicle, the
778 original power of attorney shall be delivered to the person
779 designated as the transferee of the dealer on the dealer
780 reassignment form. If the dealer sells the vehicle to an out-of
781 state resident or an out-of-state dealer and the power of
782 attorney form is applicable to the transaction, the dealer must
783 photocopy the completed original of the form and mail it
784 directly to the department within 5 business days after the
785 certificate of title and dealer reassignment form are delivered
786 by the dealer to its purchaser. A copy of the executed power of
787 attorney shall be submitted to the department with a copy of the
788 executed dealer reassignment form within 5 business days after
789 the duplicate certificate of title and dealer reassignment form
790 are delivered by the dealer to its transferee.
791 (c) If the mechanics of the transfer of title to a motor
792 vehicle in accordance with the provisions of paragraph (a) or
793 paragraph (b) are determined to be incompatible with and
794 unlawful under the provisions of 49 C.F.R. part 580, the
795 transfer of title to a motor vehicle by operation of this
796 subsection can be effected in any manner not inconsistent with
797 49 C.F.R. part 580 and Florida law; provided, any power of
798 attorney form issued or authorized by the department under this
799 subsection shall contain an original that two carbon copies, one
800 of which shall be submitted directly to the department by the
801 dealer within 5 business days of use by the dealer to effect
802 transfer of a title certificate as provided in paragraphs (a)
803 and (b) and a copy that one of which shall be retained by the
804 dealer in its records for 5 years.
805 (d) Any person who fails to complete the information
806 required by this subsection or to file with the department the
807 forms required by this subsection is guilty of a misdemeanor of
808 the second degree, punishable as provided in s. 775.082 or s.
809 775.083. The department shall not issue a certificate of title
810 unless this subsection has been complied with.
811 (7) If a title is held electronically and the transferee
812 agrees to maintain the title electronically, the transferor and
813 transferee shall complete a secure reassignment document that
814 discloses the odometer reading and is signed by both the
815 transferor and transferee at the tax collector office or license
816 plate agency. Each certificate of title issued by the department
817 must contain on its reverse side a minimum of three four spaces
818 for notation of the name and license number of any auction
819 through which the vehicle is sold and the date the vehicle was
820 auctioned. Each separate dealer reassignment form issued by the
821 department must also have the space referred to in this section.
822 When a transfer of title is made at a motor vehicle auction, the
823 reassignment must note the name and address of the auction, but
824 the auction shall not thereby be deemed to be the owner, seller,
825 transferor, or assignor of title. A motor vehicle auction is
826 required to execute a dealer reassignment only when it is the
827 owner of a vehicle being sold.
828 (8) Upon transfer or reassignment of a used motor vehicle
829 through the services of an auction, the auction shall complete
830 the information in the space provided for by subsection (7). Any
831 person who fails to complete the information as required by this
832 subsection is guilty of a misdemeanor of the second degree,
833 punishable as provided in s. 775.082 or s. 775.083. The
834 department shall not issue a certificate of title unless this
835 subsection has been complied with.
836 (9) This section shall be construed to conform to 49 C.F.R.
837 part 580.
838 Section 11. Subsection (9) of section 319.23, Florida
839 Statutes, is amended to read:
840 319.23 Application for, and issuance of, certificate of
841 title.—
842 (9) The title certificate or application for title must
843 contain the applicant’s full first name, middle initial, last
844 name, date of birth, sex, and the license plate number. An
845 individual applicant must provide personal or business
846 identification, which may include, but need not be limited to, a
847 valid driver driver’s license or identification card issued by
848 number, Florida or another state, or a valid passport. A
849 business applicant must provide a identification card number, or
850 federal employer identification number, if applicable,
851 verification that the business is authorized to conduct business
852 in the state, or a Florida city or county business license or
853 number. In lieu of and the license plate number the individual
854 or business applicant must provide or, in lieu thereof, an
855 affidavit certifying that the motor vehicle to be titled will
856 not be operated upon the public highways of this state.
857 Section 12. Paragraph (b) of subsection (2) of section
858 319.28, Florida Statutes, is amended to read:
859 319.28 Transfer of ownership by operation of law.—
860 (2)
861 (b) In case of repossession of a motor vehicle or mobile
862 home pursuant to the terms of a security agreement or similar
863 instrument, an affidavit by the party to whom possession has
864 passed stating that the vehicle or mobile home was repossessed
865 upon default in the terms of the security agreement or other
866 instrument shall be considered satisfactory proof of ownership
867 and right of possession. At least 5 days prior to selling the
868 repossessed vehicle, any subsequent lienholder named in the last
869 issued certificate of title shall be sent notice of the
870 repossession by certified mail, on a form prescribed by the
871 department. If such notice is given and no written protest to
872 the department is presented by a subsequent lienholder within 15
873 days after from the date on which the notice was mailed, the
874 certificate of title or the certificate of repossession shall be
875 issued showing no liens. If the former owner or any subsequent
876 lienholder files a written protest under oath within such 15-day
877 period, the department shall not issue the certificate of title
878 or certificate of repossession for 10 days thereafter. If within
879 the 10-day period no injunction or other order of a court of
880 competent jurisdiction has been served on the department
881 commanding it not to deliver the certificate of title or
882 certificate of repossession, the department shall deliver the
883 certificate of title or repossession to the applicant or as may
884 otherwise be directed in the application showing no other liens
885 than those shown in the application. Any lienholder who has
886 repossessed a vehicle in this state in compliance with the
887 provisions of this section must apply to a tax collector’s
888 office in this state or to the department for a certificate of
889 repossession or to the department for a certificate of title
890 pursuant to s. 319.323. Proof of the required notice to
891 subsequent lienholders shall be submitted together with regular
892 title fees. A lienholder to whom a certificate of repossession
893 has been issued may assign the certificate of title to the
894 subsequent owner. Any person found guilty of violating any
895 requirements of this paragraph shall be guilty of a felony of
896 the third degree, punishable as provided in s. 775.082, s.
897 775.083, or s. 775.084.
898 Section 13. Section 319.323, Florida Statutes, is amended
899 to read:
900 319.323 Expedited service; applications; fees.—The
901 department shall establish a separate title office which may be
902 used by private citizens and licensed motor vehicle dealers to
903 receive expedited service on title transfers, title issuances,
904 duplicate titles, and recordation of liens, and certificates of
905 repossession. A fee of $10 shall be charged for this service,
906 which fee is in addition to the fees imposed by s. 319.32. The
907 fee, after deducting the amount referenced by s. 319.324 and
908 $3.50 to be retained by the processing agency, shall be
909 deposited into the General Revenue Fund. Application for
910 expedited service may be made by mail or in person. The
911 department shall issue each title applied for under this section
912 within 5 working days after receipt of the application except
913 for an application for a duplicate title certificate covered by
914 s. 319.23(4), in which case the title must be issued within 5
915 working days after compliance with the department’s verification
916 requirements.
917 Section 14. Subsections (24) through (46) of section
918 320.01, Florida Statutes, are renumbered as subsections (23)
919 through (45), respectively, and present subsections (23) and
920 (25) of that section are amended to read:
921 320.01 Definitions, general.—As used in the Florida
922 Statutes, except as otherwise provided, the term:
923 (23) “Apportioned motor vehicle” means any motor vehicle
924 which is required to be registered, or with respect to which an
925 election has been made to register it, under the International
926 Registration Plan.
927 (24)(25) “Apportionable vehicle” means any vehicle, except
928 recreational vehicles, vehicles displaying restricted plates,
929 city pickup and delivery vehicles, buses used in transportation
930 of chartered parties, and government-owned vehicles, which is
931 used or intended for use in two or more member jurisdictions
932 that allocate or proportionally register vehicles and which is
933 used for the transportation of persons for hire or is designed,
934 used, or maintained primarily for the transportation of property
935 and:
936 (a) Is a power unit having a gross vehicle weight in excess
937 of 26,000 26,001 pounds;
938 (b) Is a power unit having three or more axles, regardless
939 of weight; or
940 (c) Is used in combination, when the weight of such
941 combination exceeds 26,000 26,001 pounds gross vehicle weight.
942
943 Vehicles, or combinations thereof, having a gross vehicle weight
944 of 26,000 26,001 pounds or less and two-axle vehicles may be
945 proportionally registered.
946 Section 15. Paragraph (a) of subsection (2) of section
947 320.02, Florida Statutes, is amended to read:
948 320.02 Registration required; application for registration;
949 forms.—
950 (2)(a) The application for registration shall include the
951 street address of the owner’s permanent residence or the address
952 of his or her permanent place of business and shall be
953 accompanied by personal or business identification information.
954 An individual applicant must provide which may include, but need
955 not be limited to, a valid driver license or number, Florida
956 identification card issued by this state or another state or a
957 valid passport. A business applicant must provide a number, or
958 federal employer identification number, if applicable, or
959 verification that the business is authorized to conduct business
960 in the state, or a Florida city or county business license or
961 number.
962 1. If the owner does not have a permanent residence or
963 permanent place of business or if the owner’s permanent
964 residence or permanent place of business cannot be identified by
965 a street address, the application shall include:
966 a.1. If the vehicle is registered to a business, the name
967 and street address of the permanent residence of an owner of the
968 business, an officer of the corporation, or an employee who is
969 in a supervisory position.
970 b.2. If the vehicle is registered to an individual, the
971 name and street address of the permanent residence of a close
972 relative or friend who is a resident of this state.
973 2. If the vehicle is registered to an active duty member of
974 the Armed Forces of the United States who is a Florida resident,
975 the active duty member is exempt from the requirement to provide
976 the street address of a permanent residence.
977 Section 16. Subsection (7) of section 320.03, Florida
978 Statutes, is amended to read:
979 320.03 Registration; duties of tax collectors;
980 International Registration Plan.—
981 (7) The Department of Highway Safety and Motor Vehicles
982 shall register apportionable apportioned motor vehicles under
983 the provisions of the International Registration Plan. The
984 department may adopt rules to implement and enforce the
985 provisions of the plan.
986 Section 17. Section 320.05, Florida Statutes, is amended to
987 read:
988 320.05 Records of the department; inspection procedure;
989 lists and searches; fees.—
990 (1) Except as provided in chapter 119 and s. 320.025(3),
991 the department may release records as provided in this section.
992 (2) Upon receipt of an application for the registration of
993 a motor vehicle, vessel, or mobile home, as herein provided for,
994 the department shall register the motor vehicle, vessel, or
995 mobile home under the distinctive number assigned to such motor
996 vehicle, vessel, or mobile home by the department. Electronic
997 registration records shall be open to the inspection of the
998 public during business hours.
999 (3) Information on a motor vehicle, or vessel, mobile home,
1000 driver license, or crash record registration may not be made
1001 available to a person unless the person requesting the
1002 information furnishes positive proof of identification. The
1003 agency that furnishes a motor vehicle or vessel registration
1004 record shall record the name and address of any person other
1005 than a representative of a law enforcement agency who requests
1006 and receives information from a motor vehicle or vessel, mobile
1007 home, driver license, or crash registration record and shall
1008 also record the name and address of the person who is the
1009 subject of the inquiry or other information identifying the
1010 entity about which information is requested. A record of each
1011 such inquiry must be maintained for a period of 6 months from
1012 the date upon which the information was released to the
1013 inquirer. Nothing in this section shall prohibit any financial
1014 institution, insurance company, motor vehicle dealer, licensee
1015 under chapter 493, attorney, or other agency which the
1016 department determines has the right to know from obtaining, for
1017 professional or business use only, information in such records
1018 from the department through any means of telecommunication
1019 pursuant to a code developed by the department providing all
1020 fees specified in subsection (3) have been paid. The department
1021 shall disclose records or information to the child support
1022 enforcement agency to assist in the location of individuals who
1023 owe or potentially owe support, as defined in s. 409.2554, or to
1024 whom such an obligation is owed pursuant to Title IV-D of the
1025 Social Security Act.
1026 (4)(3)(a) The department is authorized, upon application of
1027 any person and payment of the proper fees, to prepare and
1028 furnish lists containing motor vehicle, or vessel, mobile home,
1029 driver license, or crash record information in such form as the
1030 department may authorize, to search the records of the
1031 department and make reports thereof, and to make photographic
1032 copies of the department records and attestations thereof.
1033 (b) The department shall charge fees for services and
1034 documents therefor shall be charged and collected as follows:
1035 1. For providing lists of motor vehicle, or vessel, mobile
1036 home, driver license, or crash records for the entire state, or
1037 any part or parts thereof, divided according to counties, a sum
1038 computed at a rate of not less than 1 cent nor more than 5 cents
1039 per item.
1040 2. For providing noncertified photographic copies of motor
1041 vehicle, or vessel, mobile home, or driver license supporting
1042 documents or verification letters, $1 per page.
1043 3. For providing noncertified photographic copies of
1044 micrographic records, $1 per page.
1045 3.4. For certifying records purchased under subparagraph 2.
1046 providing certified copies of motor vehicle or vessel records,
1047 $3 per record.
1048 5. For providing noncertified computer-generated printouts
1049 of motor vehicle or vessel records, 50 cents per record.
1050 6. For providing certified computer-generated printouts of
1051 motor vehicle or vessel records, $3 per record.
1052 4.7. For providing electronic access to motor vehicle,
1053 vessel, and mobile home registration data requested by tag,
1054 vehicle identification number, title number, or decal number, 50
1055 cents per item.
1056 5.8. For providing electronic access to driver driver’s
1057 license status report by name, sex, and date of birth or by
1058 driver license number, 50 cents per item.
1059 6.9. For providing lists of licensed mobile home dealers
1060 and manufacturers and recreational vehicle dealers and
1061 manufacturers, $15 per list.
1062 7.10. For providing lists of licensed motor vehicle
1063 dealers, $25 per list.
1064 11. For each copy of a videotape record, $15 per tape.
1065 12. For each copy of the Division of Motorist Services
1066 Procedures Manual, $25.
1067 (c) Fees collected pursuant to paragraph (b) shall be
1068 deposited into the Highway Safety Operating Trust Fund.
1069 (d) The department shall furnish such information without
1070 charge to any court or governmental entity.
1071 (e) When motor vehicle, vessel, or mobile home registration
1072 data is provided by electronic access through a tax collector’s
1073 office, the applicable fee as provided in paragraph (b) must be
1074 collected and deposited pursuant to paragraph (c). However, when
1075 such registration data is obtained through an electronic system
1076 described in s. 320.03(10), s. 320.0609, or s. 320.131 and
1077 results in the issuance of a title certificate or the
1078 registration credential, such fee shall not apply.
1079 (5)(4) The department is authorized to reproduce such
1080 documents, records, and reports as required to meet the
1081 requirements of the law and the needs of the public, either by
1082 photographing, microphotographing, or reproducing on film the
1083 document, record, or report, or by using an electronic
1084 digitizing process capable of reproducing a true and correct
1085 image of the original source document. The photographs,
1086 microphotographs, or electronic digitized copy of any records
1087 made in compliance with the provisions of this section shall
1088 have the same force and effect as the originals thereof and
1089 shall be treated as originals for the purpose of their
1090 admissibility into evidence. Duly certified or authenticated
1091 reproductions of such photographs, microphotographs, or
1092 electronically digitized records shall be admitted into evidence
1093 equally with the original photographs, microphotographs, or
1094 electronically digitized records.
1095 (6)(5) The creation and maintenance of records by the
1096 Division of Motorist Services pursuant to this chapter shall not
1097 be regarded as law enforcement functions of agency
1098 recordkeeping.
1099 Section 18. Paragraph (b) of subsection (1) of section
1100 320.071, Florida Statutes, is amended to read:
1101 320.071 Advance registration renewal; procedures.—
1102 (1)
1103 (b) The owner of any apportionable apportioned motor
1104 vehicle currently registered in this state under the
1105 International Registration Plan may file an application for
1106 renewal of registration with the department any time during the
1107 3 months preceding the date of expiration of the registration
1108 period.
1109 Section 19. Subsections (1) and (3) of section 320.0715,
1110 Florida Statutes, are amended to read:
1111 320.0715 International Registration Plan; motor carrier
1112 services; permits; retention of records.—
1113 (1) All apportionable commercial motor vehicles domiciled
1114 in this state and engaged in interstate commerce shall be
1115 registered in accordance with the provisions of the
1116 International Registration Plan and shall display apportioned
1117 license plates.
1118 (3)(a) If the department is unable to immediately issue the
1119 apportioned license plate to an applicant currently registered
1120 in this state under the International Registration Plan or to a
1121 vehicle currently titled in this state, the department or its
1122 designated agent may is authorized to issue a 60-day temporary
1123 operational permit. The department or agent of the department
1124 shall charge a $3 fee and the service charge authorized by s.
1125 320.04 for each temporary operational permit it issues.
1126 (b) The department may not shall in no event issue a
1127 temporary operational permit for any apportionable commercial
1128 motor vehicle to any applicant until the applicant has shown
1129 that:
1130 1. All sales or use taxes due on the registration of the
1131 vehicle are paid; and
1132 2. Insurance requirements have been met in accordance with
1133 ss. 320.02(5) and 627.7415.
1134 (c) Issuance of a temporary operational permit provides
1135 commercial motor vehicle registration privileges in each
1136 International Registration Plan member jurisdiction designated
1137 on said permit and therefore requires payment of all applicable
1138 registration fees and taxes due for that period of registration.
1139 (d) Application for permanent registration must be made to
1140 the department within 10 days from issuance of a temporary
1141 operational permit. Failure to file an application within this
1142 10-day period may result in cancellation of the temporary
1143 operational permit.
1144 Section 20. Subsection (1) of section 320.18, Florida
1145 Statutes, is amended to read:
1146 320.18 Withholding registration.—
1147 (1) The department may withhold the registration of any
1148 motor vehicle or mobile home the owner or coowner of which has
1149 failed to register it under the provisions of law for any
1150 previous period or periods for which it appears registration
1151 should have been made in this state, until the tax for such
1152 period or periods is paid. The department may cancel any vehicle
1153 or vessel registration, driver driver’s license, identification
1154 card, or fuel-use tax decal if the owner or coowner pays for any
1155 the vehicle or vessel registration, driver driver’s license,
1156 identification card, or fuel-use tax decal; pays any
1157 administrative, delinquency, or reinstatement fee; or pays any
1158 tax liability, penalty, or interest specified in chapter 207 by
1159 a dishonored check, or if the vehicle owner or motor carrier has
1160 failed to pay a penalty for a weight or safety violation issued
1161 by the Department of Transportation or the Department of Highway
1162 Safety and Motor Vehicles. The Department of Transportation and
1163 the Department of Highway Safety and Motor Vehicles may impound
1164 any commercial motor vehicle that has a canceled license plate
1165 or fuel-use tax decal until the tax liability, penalty, and
1166 interest specified in chapter 207, the license tax, or the fuel
1167 use decal fee, and applicable administrative fees have been paid
1168 for by certified funds.
1169 Section 21. Subsection (3), paragraph (a) of subsection
1170 (4), and subsection (5) of section 320.27, Florida Statutes, are
1171 amended to read:
1172 320.27 Motor vehicle dealers.—
1173 (3) APPLICATION AND FEE.—The application for the license
1174 shall be in such form as may be prescribed by the department and
1175 shall be subject to such rules with respect thereto as may be so
1176 prescribed by it. Such application shall be verified by oath or
1177 affirmation and shall contain a full statement of the name and
1178 birth date of the person or persons applying therefor; the name
1179 of the firm or copartnership, with the names and places of
1180 residence of all members thereof, if such applicant is a firm or
1181 copartnership; the names and places of residence of the
1182 principal officers, if the applicant is a body corporate or
1183 other artificial body; the name of the state under whose laws
1184 the corporation is organized; the present and former place or
1185 places of residence of the applicant; and prior business in
1186 which the applicant has been engaged and the location thereof.
1187 Such application shall describe the exact location of the place
1188 of business and shall state whether the place of business is
1189 owned by the applicant and when acquired, or, if leased, a true
1190 copy of the lease shall be attached to the application. The
1191 applicant shall certify that the location provides an adequately
1192 equipped office and is not a residence; that the location
1193 affords sufficient unoccupied space upon and within which
1194 adequately to store all motor vehicles offered and displayed for
1195 sale; and that the location is a suitable place where the
1196 applicant can in good faith carry on such business and keep and
1197 maintain books, records, and files necessary to conduct such
1198 business, which shall be available at all reasonable hours to
1199 inspection by the department or any of its inspectors or other
1200 employees. The applicant shall certify that the business of a
1201 motor vehicle dealer is the principal business which shall be
1202 conducted at that location. The application shall contain a
1203 statement that the applicant is either franchised by a
1204 manufacturer of motor vehicles, in which case the name of each
1205 motor vehicle that the applicant is franchised to sell shall be
1206 included, or an independent (nonfranchised) motor vehicle
1207 dealer. The application shall contain other relevant information
1208 as may be required by the department, including evidence that
1209 the applicant is insured under a garage liability insurance
1210 policy or a general liability insurance policy coupled with a
1211 business automobile policy, which shall include, at a minimum,
1212 $25,000 combined single-limit liability coverage including
1213 bodily injury and property damage protection and $10,000
1214 personal injury protection. However, a salvage motor vehicle
1215 dealer as defined in subparagraph (1)(c)5. is exempt from the
1216 requirements for garage liability insurance and personal injury
1217 protection insurance on those vehicles that cannot be legally
1218 operated on roads, highways, or streets in this state. Franchise
1219 dealers must submit a garage liability insurance policy, and all
1220 other dealers must submit a garage liability insurance policy or
1221 a general liability insurance policy coupled with a business
1222 automobile policy. Such policy shall be for the license period,
1223 and evidence of a new or continued policy shall be delivered to
1224 the department at the beginning of each license period. Upon
1225 making initial application, the applicant shall pay to the
1226 department a fee of $300 in addition to any other fees now
1227 required by law. Applicants may choose to extend the licensure
1228 period for 1 additional year for a total of 2 years. An initial
1229 applicant shall pay to the department a fee of $300 for the
1230 first year and $75 for the second year, in addition to any other
1231 fees required by law. An applicant for renewal shall pay to the
1232 department $75 for a 1-year renewal or $150 for a 2-year
1233 renewal, in addition to any other fees required by law Upon
1234 making a subsequent renewal application, the applicant shall pay
1235 to the department a fee of $75 in addition to any other fees now
1236 required by law. Upon making an application for a change of
1237 location, the person shall pay a fee of $50 in addition to any
1238 other fees now required by law. The department shall, in the
1239 case of every application for initial licensure, verify whether
1240 certain facts set forth in the application are true. Each
1241 applicant, general partner in the case of a partnership, or
1242 corporate officer and director in the case of a corporate
1243 applicant, must file a set of fingerprints with the department
1244 for the purpose of determining any prior criminal record or any
1245 outstanding warrants. The department shall submit the
1246 fingerprints to the Department of Law Enforcement for state
1247 processing and forwarding to the Federal Bureau of Investigation
1248 for federal processing. The actual cost of state and federal
1249 processing shall be borne by the applicant and is in addition to
1250 the fee for licensure. The department may issue a license to an
1251 applicant pending the results of the fingerprint investigation,
1252 which license is fully revocable if the department subsequently
1253 determines that any facts set forth in the application are not
1254 true or correctly represented.
1255 (4) LICENSE CERTIFICATE.—
1256 (a) A license certificate shall be issued by the department
1257 in accordance with such application when the application is
1258 regular in form and in compliance with the provisions of this
1259 section. The license certificate may be in the form of a
1260 document or a computerized card as determined by the department.
1261 The actual cost of each original, additional, or replacement
1262 computerized card shall be borne by the licensee and is in
1263 addition to the fee for licensure. Such license, when so issued,
1264 entitles the licensee to carry on and conduct the business of a
1265 motor vehicle dealer. Each license issued to a franchise motor
1266 vehicle dealer expires annually on December 31 of the year of
1267 its expiration unless revoked or suspended prior to that date.
1268 Each license issued to an independent or wholesale dealer or
1269 auction expires annually on April 30 of the year of its
1270 expiration unless revoked or suspended prior to that date. At
1271 least Not less than 60 days before prior to the license
1272 expiration date, the department shall deliver or mail to each
1273 licensee the necessary renewal forms. Each independent dealer
1274 shall certify that the dealer (owner, partner, officer, or
1275 director of the licensee, or a full-time employee of the
1276 licensee that holds a responsible management-level position) has
1277 completed 8 hours of continuing education prior to filing the
1278 renewal forms with the department. Such certification shall be
1279 filed once every 2 years. The continuing education shall include
1280 at least 2 hours of legal or legislative issues, 1 hour of
1281 department issues, and 5 hours of relevant motor vehicle
1282 industry topics. Continuing education shall be provided by
1283 dealer schools licensed under paragraph (b) either in a
1284 classroom setting or by correspondence. Such schools shall
1285 provide certificates of completion to the department and the
1286 customer which shall be filed with the license renewal form, and
1287 such schools may charge a fee for providing continuing
1288 education. Any licensee who does not file his or her application
1289 and fees and any other requisite documents, as required by law,
1290 with the department at least 30 days prior to the license
1291 expiration date shall cease to engage in business as a motor
1292 vehicle dealer on the license expiration date. A renewal filed
1293 with the department within 45 days after the expiration date
1294 shall be accompanied by a delinquent fee of $100. Thereafter, a
1295 new application is required, accompanied by the initial license
1296 fee. A license certificate duly issued by the department may be
1297 modified by endorsement to show a change in the name of the
1298 licensee, provided, as shown by affidavit of the licensee, the
1299 majority ownership interest of the licensee has not changed or
1300 the name of the person appearing as franchisee on the sales and
1301 service agreement has not changed. Modification of a license
1302 certificate to show any name change as herein provided shall not
1303 require initial licensure or reissuance of dealer tags; however,
1304 any dealer obtaining a name change shall transact all business
1305 in and be properly identified by that name. All documents
1306 relative to licensure shall reflect the new name. In the case of
1307 a franchise dealer, the name change shall be approved by the
1308 manufacturer, distributor, or importer. A licensee applying for
1309 a name change endorsement shall pay a fee of $25 which fee shall
1310 apply to the change in the name of a main location and all
1311 additional locations licensed under the provisions of subsection
1312 (5). Each initial license application received by the department
1313 shall be accompanied by verification that, within the preceding
1314 6 months, the applicant, or one or more of his or her designated
1315 employees, has attended a training and information seminar
1316 conducted by a licensed motor vehicle dealer training school.
1317 Any applicant for a new franchised motor vehicle dealer license
1318 who has held a valid franchised motor vehicle dealer license
1319 continuously for the past 2 years and who remains in good
1320 standing with the department is exempt from the prelicensing
1321 training requirement. Such seminar shall include, but is not
1322 limited to, statutory dealer requirements, which requirements
1323 include required bookkeeping and recordkeeping procedures,
1324 requirements for the collection of sales and use taxes, and such
1325 other information that in the opinion of the department will
1326 promote good business practices. No seminar may exceed 8 hours
1327 in length.
1328 (5) SUPPLEMENTAL LICENSE.—Any person licensed under this
1329 section hereunder shall obtain a supplemental license for each
1330 permanent additional place or places of business not contiguous
1331 to the premises for which the original license is issued, on a
1332 form to be furnished by the department, and upon payment of a
1333 fee of $50 for each such additional location. Applicants may
1334 choose to extend the licensure period for 1 additional year for
1335 a total of 2 years. The applicant shall pay to the department a
1336 fee of $50 for the first year and $50 for the second year for
1337 each such additional location. Thereafter, the applicant shall
1338 pay $50 for a 1-year renewal or $100 for a 2-year renewal for
1339 each such additional location Upon making renewal applications
1340 for such supplemental licenses, such applicant shall pay $50 for
1341 each additional location. A supplemental license authorizing
1342 off-premises sales shall be issued, at no charge to the dealer,
1343 for a period not to exceed 10 consecutive calendar days. To
1344 obtain such a temporary supplemental license for off-premises
1345 sales, the applicant must be a licensed dealer; must notify the
1346 applicable local department office of the specific dates and
1347 location for which such license is requested, display a sign at
1348 the licensed location clearly identifying the dealer, and
1349 provide staff to work at the temporary location for the duration
1350 of the off-premises sale; must meet any local government
1351 permitting requirements; and must have permission of the
1352 property owner to sell at that location. In the case of an off
1353 premises sale by a motor vehicle dealer licensed under
1354 subparagraph (1)(c)1. for the sale of new motor vehicles, the
1355 applicant must also include documentation notifying the
1356 applicable licensee licensed under s. 320.61 of the intent to
1357 engage in an off-premises sale 5 working days prior to the date
1358 of the off-premises sale. The licensee shall either approve or
1359 disapprove of the off-premises sale within 2 working days after
1360 receiving notice; otherwise, it will be deemed approved. This
1361 section does not apply to a nonselling motor vehicle show or
1362 public display of new motor vehicles.
1363 Section 22. Section 320.62, Florida Statutes, is amended to
1364 read:
1365 320.62 Licenses; amount; disposition of proceeds.—The
1366 initial license for each manufacturer, distributor, or importer
1367 shall be $300 and shall be in addition to all other licenses or
1368 taxes now or hereafter levied, assessed, or required of the
1369 applicant or licensee. Applicants may choose to extend the
1370 licensure period for 1 additional year for a total of 2 years.
1371 An initial applicant shall pay to the department a fee of $300
1372 for the first year and $100 for the second year. An applicant
1373 for a renewal license shall pay $100 to the department for a 1
1374 year renewal or $200 for a 2-year renewal The annual renewal
1375 license fee shall be $100. The proceeds from all licenses under
1376 ss. 320.60-320.70 shall be paid into the State Treasury to the
1377 credit of the General Revenue Fund. All licenses shall be
1378 payable on or before October 1 of the each year and shall
1379 expire, unless sooner revoked or suspended, on the following
1380 September 30 of the year of its expiration.
1381 Section 23. Subsections (4) and (6) of section 320.77,
1382 Florida Statutes, are amended to read:
1383 320.77 License required of mobile home dealers.—
1384 (4) FEES.—Upon making initial application, the applicant
1385 shall pay to the department a fee of $300 in addition to any
1386 other fees now required by law. Applicants may choose to extend
1387 the licensure period for 1 additional year for a total of 2
1388 years. An initial applicant shall pay to the department a fee of
1389 $300 for the first year and $100 for the second year in addition
1390 to any other fees required by law. An applicant for a renewal
1391 license shall pay to the department $100 for a 1-year renewal or
1392 $200 for a 2-year renewal The fee for renewal application shall
1393 be $100. The fee for application for change of location shall be
1394 $25. Any applicant for renewal who has failed to submit his or
1395 her renewal application by October 1 of the year of its current
1396 license expiration shall pay a renewal application fee equal to
1397 the original application fee. No fee is refundable. All fees
1398 shall be deposited into the General Revenue Fund.
1399 (6) LICENSE CERTIFICATE.—A license certificate shall be
1400 issued by the department in accordance with the application when
1401 the same is regular in form and in compliance with the
1402 provisions of this section. The license certificate may be in
1403 the form of a document or a computerized card as determined by
1404 the department. The cost of each original, additional, or
1405 replacement computerized card shall be borne by the licensee and
1406 is in addition to the fee for licensure. The fees charged
1407 applicants for both the required background investigation and
1408 the computerized card as provided in this section shall be
1409 deposited into the Highway Safety Operating Trust Fund. The
1410 license, when so issued, shall entitle the licensee to carry on
1411 and conduct the business of a mobile home dealer at the location
1412 set forth in the license for a period of 1 or 2 years beginning
1413 year from October 1 preceding the date of issuance. Each initial
1414 application received by the department shall be accompanied by
1415 verification that, within the preceding 6 months, the applicant
1416 or one or more of his or her designated employees has attended a
1417 training and information seminar conducted by the department or
1418 by a public or private provider approved by the department. Such
1419 seminar shall include, but not be limited to, statutory dealer
1420 requirements, which requirements include required bookkeeping
1421 and recording procedures, requirements for the collection of
1422 sales and use taxes, and such other information that in the
1423 opinion of the department will promote good business practices.
1424 Section 24. Subsections (4) and (6) of section 320.771,
1425 Florida Statutes, are amended to read:
1426 320.771 License required of recreational vehicle dealers.—
1427 (4) FEES.—Upon making initial application, the applicant
1428 shall pay to the department a fee of $300 in addition to any
1429 other fees now required by law. Applicants may choose to extend
1430 the licensure period for 1 additional year for a total of 2
1431 years. An initial applicant shall pay to the department a fee of
1432 $300 for the first year and $100 for the second year in addition
1433 to any other fees required by law. An applicant for a renewal
1434 license shall pay to the department $100 for a 1-year renewal or
1435 $200 for a 2-year renewal The fee for renewal application shall
1436 be $100. The fee for application for change of location shall be
1437 $25. Any applicant for renewal who has failed to submit his or
1438 her renewal application by October 1 of the year of its current
1439 license expiration shall pay a renewal application fee equal to
1440 the original application fee. No fee is refundable. All fees
1441 shall be deposited into the General Revenue Fund.
1442 (6) LICENSE CERTIFICATE.—A license certificate shall be
1443 issued by the department in accordance with the application when
1444 the same is regular in form and in compliance with the
1445 provisions of this section. The license certificate may be in
1446 the form of a document or a computerized card as determined by
1447 the department. The cost of each original, additional, or
1448 replacement computerized card shall be borne by the licensee and
1449 is in addition to the fee for licensure. The fees charged
1450 applicants for both the required background investigation and
1451 the computerized card as provided in this section shall be
1452 deposited into the Highway Safety Operating Trust Fund. The
1453 license, when so issued, shall entitle the licensee to carry on
1454 and conduct the business of a recreational vehicle dealer at the
1455 location set forth in the license for a period of 1 or 2 years
1456 year from October 1 preceding the date of issuance. Each initial
1457 application received by the department shall be accompanied by
1458 verification that, within the preceding 6 months, the applicant
1459 or one or more of his or her designated employees has attended a
1460 training and information seminar conducted by the department or
1461 by a public or private provider approved by the department. Such
1462 seminar shall include, but not be limited to, statutory dealer
1463 requirements, which requirements include required bookkeeping
1464 and recording procedures, requirements for the collection of
1465 sales and use taxes, and such other information that in the
1466 opinion of the department will promote good business practices.
1467 Section 25. Subsections (3) and (6) of section 320.8225,
1468 Florida Statutes, are amended to read:
1469 320.8225 Mobile home and recreational vehicle manufacturer,
1470 distributor, and importer license.—
1471 (3) FEES.—Upon submitting an initial application, the
1472 applicant shall pay to the department a fee of $300. Applicants
1473 may choose to extend the licensure period for 1 additional year
1474 for a total of 2 years. An initial applicant shall pay to the
1475 department a fee of $300 for the first year and $100 for the
1476 second year. An applicant for a renewal license shall pay to the
1477 department $100 for a 1-year renewal or $200 for a 2-year
1478 renewal Upon submitting a renewal application, the applicant
1479 shall pay to the department a fee of $100. Any applicant for
1480 renewal who fails to submit his or her renewal application by
1481 October 1 of the year of its current license expiration shall
1482 pay a renewal application fee equal to the original application
1483 fee. No fee is refundable. All fees must be deposited into the
1484 General Revenue Fund.
1485 (6) LICENSE PERIOD YEAR.—A license issued to a mobile home
1486 manufacturer or a recreational vehicle manufacturer,
1487 distributor, or importer entitles the licensee to conduct
1488 business for a period of 1 or 2 years beginning year from
1489 October 1 preceding the date of issuance.
1490 Section 26. Section 322.095, Florida Statutes, is amended
1491 to read:
1492 322.095 Traffic law and substance abuse education program
1493 for driver driver’s license applicants.—
1494 (1) Each applicant for a driver license must complete a
1495 traffic law and substance abuse education course, unless the
1496 applicant has been licensed in another jurisdiction or has
1497 satisfactorily completed a Department of Education driver
1498 education course offered pursuant to s. 1003.48.
1499 (2)(1) The Department of Highway Safety and Motor Vehicles
1500 must approve traffic law and substance abuse education courses,
1501 including courses that use communications technology as the
1502 delivery method.
1503 (a) In addition to the course approval criteria provided in
1504 this section, initial approval of traffic law and substance
1505 abuse education courses shall be based on the department’s
1506 review of all course materials which must be designed to promote
1507 safety, education, and driver awareness; course presentation to
1508 the department by the provider; and the provider’s plan for
1509 effective oversight of the course by those who deliver the
1510 course in the state.
1511 (b) Each course provider seeking approval of a traffic law
1512 and substance abuse education course must submit:
1513 1. Proof of ownership, copyright, or written permission
1514 from the course owner to use the course in the state that must
1515 be completed by applicants for a Florida driver’s license.
1516 2. The curriculum curricula for the courses which must
1517 promote motorcyclist, bicyclist, and pedestrian safety and
1518 provide instruction on the physiological and psychological
1519 consequences of the abuse of alcohol and other drugs;, the
1520 societal and economic costs of alcohol and drug abuse;, the
1521 effects of alcohol and drug abuse on the driver of a motor
1522 vehicle;, and the laws of this state relating to the operation
1523 of a motor vehicle; the risk factors involved in driver attitude
1524 and irresponsible driver behaviors, such as speeding, reckless
1525 driving, and running red lights and stop signs; and the results
1526 of the use of electronic devices while driving. All instructors
1527 teaching the courses shall be certified by the department.
1528 (3)(2) The department shall contract for an independent
1529 evaluation of the courses. Local DUI programs authorized under
1530 s. 316.193(5) and certified by the department or a driver
1531 improvement school may offer a traffic law and substance abuse
1532 education course. However, Prior to offering the course, the
1533 course provider must obtain certification from the department
1534 that the course complies with the requirements of this section.
1535 If the course is offered in a classroom setting, the course
1536 provider and any schools authorized by the provider to teach the
1537 course must offer the approved course at locations that are free
1538 from distractions and reasonably accessible to most applicants
1539 and must issue a certificate to those persons successfully
1540 completing the course.
1541 (3) The completion of a course does not qualify a person
1542 for the reinstatement of a driver’s license which has been
1543 suspended or revoked.
1544 (4) The fee charged by the course provider must bear a
1545 reasonable relationship to the cost of the course. The
1546 department must conduct financial audits of course providers
1547 conducting the education courses required under this section or
1548 require that financial audits of providers be performed, at the
1549 expense of the provider, by a certified public accountant.
1550 (5) The provisions of this section do not apply to any
1551 person who has been licensed in any other jurisdiction or who
1552 has satisfactorily completed a Department of Education driver’s
1553 education course offered pursuant to s. 1003.48.
1554 (4)(6) In addition to a regular course fee, an assessment
1555 fee in the amount of $3 shall be collected by the school from
1556 each person who attends a course. The course provider must remit
1557 the $3 assessment fee to the department for deposit into the
1558 Highway Safety Operating Trust Fund in order to receive a unique
1559 course completion certificate number for the student. Each
1560 course provider must collect a $3 assessment fee in addition to
1561 the enrollment fee charged to participants of the traffic law
1562 and substance abuse course required under this section. The $3
1563 assessment fee collected by the course provider must be
1564 forwarded to the department within 30 days after receipt of the
1565 assessment.
1566 (5)(7) The department may is authorized to maintain the
1567 information and records necessary to administer its duties and
1568 responsibilities for the program. Course providers are required
1569 to maintain all records pertinent to the conduct of their
1570 approved courses for 5 years and allow the department to inspect
1571 such records as necessary. Records may be maintained in an
1572 electronic format. If Where such information is a public record
1573 as defined in chapter 119, it shall be made available to the
1574 public upon request pursuant to s. 119.07(1). The department
1575 shall approve and regulate courses that use technology as the
1576 delivery method of all traffic law and substance abuse education
1577 courses as the courses relate to this section.
1578 (6) The department shall design, develop, implement, and
1579 conduct effectiveness studies on each delivery method of all
1580 courses approved pursuant to this section on a recurring 3-year
1581 basis. At a minimum, studies shall be conducted on the
1582 effectiveness of each course in reducing DUI citations and
1583 decreasing moving traffic violations or collision recidivism.
1584 Upon notification that a course has failed an effectiveness
1585 study, the course provider shall immediately cease offering the
1586 course in the state.
1587 (7) Courses approved under this section must be updated at
1588 the department’s request. Failure of a course provider to update
1589 the course within 90 days after the department’s request shall
1590 result in the suspension of the course approval until such time
1591 that the updates are submitted and approved by the department.
1592 (8) Each course provider shall ensure that its driver
1593 improvement schools are conducting the approved courses fully,
1594 to the required time limits, and with the content requirements
1595 specified by the department. The course provider shall ensure
1596 that only department-approved instructional materials are used
1597 in the presentation of the course, and that all driver
1598 improvement schools conducting the course do so in a manner that
1599 maximizes its impact and effectiveness. The course provider
1600 shall ensure that any student who is unable to attend or
1601 complete a course due to action, error, or omission on the part
1602 of the course provider or driver improvement school conducting
1603 the course shall be accommodated to permit completion of the
1604 course at no additional cost.
1605 (9) Traffic law and substance abuse education courses shall
1606 be conducted with a minimum of 4 hours devoted to course content
1607 minus a maximum of 30 minutes allotted for breaks.
1608 (10) A course provider may not require any student to
1609 purchase a course completion certificate. Course providers
1610 offering paper or electronic certificates for purchase must
1611 clearly convey to the student that this purchase is optional,
1612 that the only valid course completion certificate is the
1613 electronic one that is entered into the department’s Driver
1614 Improvement Certificate Issuance System, and that paper
1615 certificates are not acceptable for any licensing purpose.
1616 (11) Course providers and all associated driver improvement
1617 schools that offer approved courses shall disclose all fees
1618 associated with the course and shall not charge any fees that
1619 are not clearly listed during the registration process.
1620 (12) Course providers shall submit course completion
1621 information to the department through the department’s Driver
1622 Improvement Certificate Issuance System within 5 days. The
1623 submission shall be free of charge to the student.
1624 (13) The department may deny, suspend, or revoke course
1625 approval upon proof that the course provider:
1626 (a) Violated this section.
1627 (b) Has been convicted of a crime involving any drug
1628 related or DUI-related offense, a felony, fraud, or a crime
1629 directly related to the personal safety of a student.
1630 (c) Failed to satisfy the effectiveness criteria as
1631 outlined in subsection (6).
1632 (d) Obtained course approval by fraud or misrepresentation.
1633 (e) Obtained or assisted a person in obtaining any driver
1634 license by fraud or misrepresentation.
1635 (f) Conducted a traffic law and substance abuse education
1636 course in the state while approval of such course was under
1637 suspension or revocation.
1638 (g) Failed to provide effective oversight of those who
1639 deliver the course in the state.
1640 (14) The department shall not accept certificates from
1641 students who take a course after the course has been suspended
1642 or revoked.
1643 (15) A person who has been convicted of a crime involving
1644 any drug-related or DUI-related offense in the past 5 years, a
1645 felony, fraud, or a crime directly related to the personal
1646 safety of a student shall not be allowed to conduct traffic law
1647 and substance abuse education courses.
1648 (16) The department shall summarily suspend approval of any
1649 course without preliminary hearing for the purpose of protecting
1650 the public safety and enforcing any provision of law governing
1651 traffic law and substance abuse education courses.
1652 (17) Except as otherwise provided in this section, before
1653 final department action denying, suspending, or revoking
1654 approval of a course, the course provider shall have the
1655 opportunity to request either a formal or informal
1656 administrative hearing to show cause why the action should not
1657 be taken.
1658 (18) The department may levy and collect a civil fine of at
1659 least $1,000 but not more than $5,000 for each violation of this
1660 section. Proceeds from fines collected shall be deposited into
1661 the Highway Safety Operating Trust Fund and used to cover the
1662 cost of administering this section or promoting highway safety
1663 initiatives.
1664 Section 27. Subsection (1) of section 322.125, Florida
1665 Statutes, is amended to read:
1666 322.125 Medical Advisory Board.—
1667 (1) There shall be a Medical Advisory Board composed of not
1668 fewer than 12 or more than 25 members, at least one of whom must
1669 be 60 years of age or older and all but one of whose medical and
1670 other specialties must relate to driving abilities, which number
1671 must include a doctor of medicine who is employed by the
1672 Department of Highway Safety and Motor Vehicles in Tallahassee,
1673 who shall serve as administrative officer for the board. The
1674 executive director of the Department of Highway Safety and Motor
1675 Vehicles shall recommend persons to serve as board members.
1676 Every member but two must be a doctor of medicine licensed to
1677 practice medicine in this or any other state and must be a
1678 member in good standing of the Florida Medical Association or
1679 the Florida Osteopathic Association. One member must be an
1680 optometrist licensed to practice optometry in this state and
1681 must be a member in good standing of the Florida Optometric
1682 Association. One member must be a chiropractic physician
1683 licensed to practice chiropractic medicine in this state.
1684 Members shall be approved by the Cabinet and shall serve 4-year
1685 staggered terms. The board membership must, to the maximum
1686 extent possible, consist of equal representation of the
1687 disciplines of the medical community treating the mental or
1688 physical disabilities that could affect the safe operation of
1689 motor vehicles.
1690 Section 28. Subsection (4) of section 322.135, Florida
1691 Statutes, is amended to read:
1692 322.135 Driver Driver’s license agents.—
1693 (4) A tax collector may not issue or renew a driver
1694 driver’s license if he or she has any reason to believe that the
1695 licensee or prospective licensee is physically or mentally
1696 unqualified to operate a motor vehicle. The tax collector may
1697 direct any such licensee to the department for examination or
1698 reexamination under s. 322.221.
1699 Section 29. Paragraph (a) of subsection (5) of section
1700 322.18, Florida Statutes, is amended to read:
1701 322.18 Original applications, licenses, and renewals;
1702 expiration of licenses; delinquent licenses.—
1703 (5) All renewal driver driver’s licenses may be issued
1704 after the applicant licensee has been determined to be eligible
1705 by the department.
1706 (a) A licensee who is otherwise eligible for renewal and
1707 who is at least 80 years of age:
1708 1. Must submit to and pass a vision test administered at
1709 any driver driver’s license office; or
1710 2. If the licensee applies for a renewal using a
1711 convenience service as provided in subsection (8), he or she
1712 must submit to a vision test administered by a doctor of
1713 medicine or a doctor of osteopathy licensed to practice medicine
1714 in any state or an optometrist licensed to practice optometry in
1715 any state; physician licensed under chapter 458 or chapter 459,
1716 an optometrist licensed under chapter 463, or a licensed
1717 physician at a federally established veterans’ hospital; must
1718 send the results of that test to the department on a form
1719 obtained from the department and signed by such health care
1720 practitioner; and must meet vision standards that are equivalent
1721 to the standards for passing the departmental vision test. The
1722 physician or optometrist may submit the results of a vision test
1723 by a department-approved electronic means.
1724 Section 30. Subsection (1) of section 322.21, Florida
1725 Statutes, is amended to read:
1726 322.21 License fees; procedure for handling and collecting
1727 fees.—
1728 (1) Except as otherwise provided herein, the fee for:
1729 (a) An original or renewal commercial driver driver’s
1730 license is $75, which shall include the fee for driver education
1731 provided by s. 1003.48. However, if an applicant has completed
1732 training and is applying for employment or is currently employed
1733 in a public or nonpublic school system that requires the
1734 commercial license, the fee is the same as for a Class E driver
1735 driver’s license. A delinquent fee of $15 shall be added for a
1736 renewal within 12 months after the license expiration date.
1737 (b) An original Class E driver driver’s license is $48,
1738 which includes the fee for driver driver’s education provided by
1739 s. 1003.48. However, if an applicant has completed training and
1740 is applying for employment or is currently employed in a public
1741 or nonpublic school system that requires a commercial driver
1742 license, the fee is the same as for a Class E license.
1743 (c) The renewal or extension of a Class E driver driver’s
1744 license or of a license restricted to motorcycle use only is
1745 $48, except that a delinquent fee of $15 shall be added for a
1746 renewal or extension made within 12 months after the license
1747 expiration date. The fee provided in this paragraph includes the
1748 fee for driver driver’s education provided by s. 1003.48.
1749 (d) An original driver driver’s license restricted to
1750 motorcycle use only is $48, which includes the fee for driver
1751 driver’s education provided by s. 1003.48.
1752 (e) A replacement driver driver’s license issued pursuant
1753 to s. 322.17 is $25. Of this amount $7 shall be deposited into
1754 the Highway Safety Operating Trust Fund and $18 shall be
1755 deposited into the General Revenue Fund. Beginning July 1, 2015,
1756 or upon completion of the transition of driver driver’s license
1757 issuance services, if the replacement driver driver’s license is
1758 issued by the tax collector, the tax collector shall retain the
1759 $7 that would otherwise be deposited into the Highway Safety
1760 Operating Trust Fund and the remaining revenues shall be
1761 deposited into the General Revenue Fund.
1762 (f) An original, renewal, or replacement identification
1763 card issued pursuant to s. 322.051 is $25. Funds collected from
1764 these fees shall be distributed as follows:
1765 1. For an original identification card issued pursuant to
1766 s. 322.051 the fee is $25. This amount shall be deposited into
1767 the General Revenue Fund.
1768 2. For a renewal identification card issued pursuant to s.
1769 322.051 the fee is $25. Of this amount, $6 shall be deposited
1770 into the Highway Safety Operating Trust Fund and $19 shall be
1771 deposited into the General Revenue Fund.
1772 3. For a replacement identification card issued pursuant to
1773 s. 322.051 the fee is $25. Of this amount, $9 shall be deposited
1774 into the Highway Safety Operating Trust Fund and $16 shall be
1775 deposited into the General Revenue Fund. Beginning July 1, 2015,
1776 or upon completion of the transition of the driver driver’s
1777 license issuance services, if the replacement identification
1778 card is issued by the tax collector, the tax collector shall
1779 retain the $9 that would otherwise be deposited into the Highway
1780 Safety Operating Trust Fund and the remaining revenues shall be
1781 deposited into the General Revenue Fund.
1782 (g) Each endorsement required by s. 322.57 is $7.
1783 (h) A hazardous-materials endorsement, as required by s.
1784 322.57(1)(d), shall be set by the department by rule and must
1785 reflect the cost of the required criminal history check,
1786 including the cost of the state and federal fingerprint check,
1787 and the cost to the department of providing and issuing the
1788 license. The fee shall not exceed $100. This fee shall be
1789 deposited in the Highway Safety Operating Trust Fund. The
1790 department may adopt rules to administer this section.
1791 (i) The specialty driver license or identification card
1792 issued pursuant to s. 322.1415 is $25, which is in addition to
1793 other fees required in this section. The fee shall be
1794 distributed as follows:
1795 1. Fifty percent shall be distributed as provided in s.
1796 320.08058 to the appropriate state or independent university,
1797 professional sports team, or branch of the United States Armed
1798 Forces.
1799 2. Fifty percent shall be distributed to the department for
1800 costs directly related to the specialty driver license and
1801 identification card program and to defray the costs associated
1802 with production enhancements and distribution.
1803 Section 31. Subsection (7) of section 322.212, Florida
1804 Statutes, is amended to read:
1805 322.212 Unauthorized possession of, and other unlawful acts
1806 in relation to, driver driver’s license or identification card.—
1807 (7) In addition to any other penalties provided by this
1808 section, any person who provides false information when applying
1809 for a commercial driver driver’s license or commercial learner’s
1810 permit or is convicted of fraud in connection with testing for a
1811 commercial driver license or commercial learner’s permit shall
1812 be disqualified from operating a commercial motor vehicle for a
1813 period of 1 year 60 days.
1814 Section 32. Subsection (1) of section 322.22, Florida
1815 Statutes, is amended to read:
1816 322.22 Authority of department to cancel or refuse to issue
1817 or renew license.—
1818 (1) The department may is authorized to cancel or withhold
1819 issuance or renewal of any driver driver’s license, upon
1820 determining that the licensee was not entitled to the issuance
1821 thereof, or that the licensee failed to give the required or
1822 correct information in his or her application or committed any
1823 fraud in making such application, or that the licensee has two
1824 or more licenses on file with the department, each in a
1825 different name but bearing the photograph of the licensee,
1826 unless the licensee has complied with the requirements of this
1827 chapter in obtaining the licenses. The department may cancel or
1828 withhold issuance or renewal of any driver driver’s license,
1829 identification card, vehicle or vessel registration, or fuel-use
1830 decal if the licensee fails to pay the correct fee or pays for
1831 any driver the driver’s license, identification card, vehicle or
1832 vessel registration, or fuel-use decal; pays any tax liability,
1833 penalty, or interest specified in chapter 207; or pays any
1834 administrative, delinquency, or reinstatement fee by a
1835 dishonored check.
1836 Section 33. Subsection (3) of section 322.245, Florida
1837 Statutes, is amended to read:
1838 322.245 Suspension of license upon failure of person
1839 charged with specified offense under chapter 316, chapter 320,
1840 or this chapter to comply with directives ordered by traffic
1841 court or upon failure to pay child support in non-IV-D cases as
1842 provided in chapter 61 or failure to pay any financial
1843 obligation in any other criminal case.—
1844 (3) If the person fails to comply with the directives of
1845 the court within the 30-day period, or, in non-IV-D cases, fails
1846 to comply with the requirements of s. 61.13016 within the period
1847 specified in that statute, the depository or the clerk of the
1848 court shall electronically notify the department of such failure
1849 within 10 days. Upon electronic receipt of the notice, the
1850 department shall immediately issue an order suspending the
1851 person’s driver driver’s license and privilege to drive
1852 effective 20 days after the date the order of suspension is
1853 mailed in accordance with s. 322.251(1), (2), and (6).
1854 Section 34. Subsection (7) of section 322.25, Florida
1855 Statutes, is amended to read:
1856 322.25 When court to forward license to department and
1857 report convictions; temporary reinstatement of driving
1858 privileges.—
1859 (7) Any licensed driver convicted of driving, or being in
1860 the actual physical control of, a vehicle within this state
1861 while under the influence of alcoholic beverages, any chemical
1862 substance set forth in s. 877.111, or any substance controlled
1863 under chapter 893, when affected to the extent that his or her
1864 normal faculties are impaired, and whose license and driving
1865 privilege have been revoked as provided in subsection (1) may be
1866 issued a court order for reinstatement of a driving privilege on
1867 a temporary basis; provided that, as a part of the penalty, upon
1868 conviction, the defendant is required to enroll in and complete
1869 a driver improvement course for the rehabilitation of drinking
1870 drivers and the driver is otherwise eligible for reinstatement
1871 of the driving privilege as provided by s. 322.282. The court
1872 order for reinstatement shall be on a form provided by the
1873 department and must be taken by the person convicted to a
1874 Florida driver’s license examining office, where a temporary
1875 driving permit may be issued. The period of time for which a
1876 temporary permit issued in accordance with this subsection is
1877 valid shall be deemed to be part of the period of revocation
1878 imposed by the court.
1879 Section 35. Section 322.2615, Florida Statutes, is amended
1880 to read:
1881 322.2615 Suspension of license; right to review.—
1882 (1)(a) A law enforcement officer or correctional officer
1883 shall, on behalf of the department, suspend the driving
1884 privilege of a person who is driving or in actual physical
1885 control of a motor vehicle and who has an unlawful blood-alcohol
1886 level or breath-alcohol level of 0.08 or higher, or of a person
1887 who has refused to submit to a urine test or a test of his or
1888 her breath-alcohol or blood-alcohol level. The officer shall
1889 take the person’s driver driver’s license and issue the person a
1890 10-day temporary permit if the person is otherwise eligible for
1891 the driving privilege and shall issue the person a notice of
1892 suspension. If a blood test has been administered, the officer
1893 or the agency employing the officer shall transmit such results
1894 to the department within 5 days after receipt of the results. If
1895 the department then determines that the person had a blood
1896 alcohol level or breath-alcohol level of 0.08 or higher, the
1897 department shall suspend the person’s driver driver’s license
1898 pursuant to subsection (3).
1899 (b) The suspension under paragraph (a) shall be pursuant
1900 to, and the notice of suspension shall inform the driver of, the
1901 following:
1902 1.a. The driver refused to submit to a lawful breath,
1903 blood, or urine test and his or her driving privilege is
1904 suspended for a period of 1 year for a first refusal or for a
1905 period of 18 months if his or her driving privilege has been
1906 previously suspended as a result of a refusal to submit to such
1907 a test; or
1908 b. The driver was driving or in actual physical control of
1909 a motor vehicle and had an unlawful blood-alcohol level or
1910 breath-alcohol level of 0.08 or higher and his or her driving
1911 privilege is suspended for a period of 6 months for a first
1912 offense or for a period of 1 year if his or her driving
1913 privilege has been previously suspended under this section.
1914 2. The suspension period shall commence on the date of
1915 issuance of the notice of suspension.
1916 3. The driver may request a formal or informal review of
1917 the suspension by the department within 10 days after the date
1918 of issuance of the notice of suspension.
1919 4. The temporary permit issued at the time of suspension
1920 expires at midnight of the 10th day following the date of
1921 issuance of the notice of suspension.
1922 5. The driver may submit to the department any materials
1923 relevant to the suspension.
1924 (2)(a) Except as provided in paragraph (1)(a), the law
1925 enforcement officer shall forward to the department, within 5
1926 days after issuing the notice of suspension, the driver driver’s
1927 license; an affidavit stating the officer’s grounds for belief
1928 that the person was driving or in actual physical control of a
1929 motor vehicle while under the influence of alcoholic beverages
1930 or chemical or controlled substances; the results of any breath
1931 or blood test or an affidavit stating that a breath, blood, or
1932 urine test was requested by a law enforcement officer or
1933 correctional officer and that the person refused to submit; the
1934 officer’s description of the person’s field sobriety test, if
1935 any; and the notice of suspension. The failure of the officer to
1936 submit materials within the 5-day period specified in this
1937 subsection and in subsection (1) does not affect the
1938 department’s ability to consider any evidence submitted at or
1939 prior to the hearing.
1940 (b) The officer may also submit a copy of the crash report
1941 and a copy of a video recording videotape of the field sobriety
1942 test or the attempt to administer such test. Materials submitted
1943 to the department by a law enforcement agency or correctional
1944 agency shall be considered self-authenticating and shall be in
1945 the record for consideration by the hearing officer.
1946 Notwithstanding s. 316.066(5), the crash report shall be
1947 considered by the hearing officer.
1948 (3) If the department determines that the license should be
1949 suspended pursuant to this section and if the notice of
1950 suspension has not already been served upon the person by a law
1951 enforcement officer or correctional officer as provided in
1952 subsection (1), the department shall issue a notice of
1953 suspension and, unless the notice is mailed pursuant to s.
1954 322.251, a temporary permit that expires 10 days after the date
1955 of issuance if the driver is otherwise eligible.
1956 (4) If the person whose license was suspended requests an
1957 informal review pursuant to subparagraph (1)(b)3., the
1958 department shall conduct the informal review by a hearing
1959 officer designated employed by the department. Such informal
1960 review hearing shall consist solely of an examination by the
1961 department of the materials submitted by a law enforcement
1962 officer or correctional officer and by the person whose license
1963 was suspended, and the presence of an officer or witness is not
1964 required.
1965 (5) After completion of the informal review, notice of the
1966 department’s decision sustaining, amending, or invalidating the
1967 suspension of the driver driver’s license of the person whose
1968 license was suspended must be provided to such person. Such
1969 notice must be mailed to the person at the last known address
1970 shown on the department’s records, or to the address provided in
1971 the law enforcement officer’s report if such address differs
1972 from the address of record, within 21 days after the expiration
1973 of the temporary permit issued pursuant to subsection (1) or
1974 subsection (3).
1975 (6)(a) If the person whose license was suspended requests a
1976 formal review, the department must schedule a hearing to be held
1977 within 30 days after such request is received by the department
1978 and must notify the person of the date, time, and place of the
1979 hearing.
1980 (b) Such formal review hearing shall be held before a
1981 hearing officer designated employed by the department, and the
1982 hearing officer shall be authorized to administer oaths, examine
1983 witnesses and take testimony, receive relevant evidence, issue
1984 subpoenas for the officers and witnesses identified in documents
1985 provided under paragraph (2)(a) in subsection (2), regulate the
1986 course and conduct of the hearing, question witnesses, and make
1987 a ruling on the suspension. The hearing officer may conduct
1988 hearings using communications technology. The party requesting
1989 the presence of a witness shall be responsible for the payment
1990 of any witness fees and for notifying in writing the state
1991 attorney’s office in the appropriate circuit of the issuance of
1992 the subpoena. If the person who requests a formal review hearing
1993 fails to appear and the hearing officer finds such failure to be
1994 without just cause, the right to a formal hearing is waived and
1995 the suspension shall be sustained.
1996 (c) The failure of a subpoenaed witness to appear at the
1997 formal review hearing is not grounds to invalidate the
1998 suspension. If a witness fails to appear, a party may seek
1999 enforcement of a subpoena under paragraph (b) by filing a
2000 petition for enforcement in the circuit court of the judicial
2001 circuit in which the person failing to comply with the subpoena
2002 resides or by filing a motion for enforcement in any criminal
2003 court case resulting from the driving or actual physical control
2004 of a motor vehicle that gave rise to the suspension under this
2005 section. A failure to comply with an order of the court shall
2006 result in a finding of contempt of court. However, a person is
2007 not in contempt while a subpoena is being challenged.
2008 (d) The department must, within 7 working days after a
2009 formal review hearing, send notice to the person of the hearing
2010 officer’s decision as to whether sufficient cause exists to
2011 sustain, amend, or invalidate the suspension.
2012 (7) In a formal review hearing under subsection (6) or an
2013 informal review hearing under subsection (4), the hearing
2014 officer shall determine by a preponderance of the evidence
2015 whether sufficient cause exists to sustain, amend, or invalidate
2016 the suspension. The scope of the review shall be limited to the
2017 following issues:
2018 (a) If the license was suspended for driving with an
2019 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2020 higher:
2021 1. Whether the law enforcement officer had probable cause
2022 to believe that the person whose license was suspended was
2023 driving or in actual physical control of a motor vehicle in this
2024 state while under the influence of alcoholic beverages or
2025 chemical or controlled substances.
2026 2. Whether the person whose license was suspended had an
2027 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
2028 higher as provided in s. 316.193.
2029 (b) If the license was suspended for refusal to submit to a
2030 breath, blood, or urine test:
2031 1. Whether the law enforcement officer had probable cause
2032 to believe that the person whose license was suspended was
2033 driving or in actual physical control of a motor vehicle in this
2034 state while under the influence of alcoholic beverages or
2035 chemical or controlled substances.
2036 2. Whether the person whose license was suspended refused
2037 to submit to any such test after being requested to do so by a
2038 law enforcement officer or correctional officer.
2039 3. Whether the person whose license was suspended was told
2040 that if he or she refused to submit to such test his or her
2041 privilege to operate a motor vehicle would be suspended for a
2042 period of 1 year or, in the case of a second or subsequent
2043 refusal, for a period of 18 months.
2044 (8) Based on the determination of the hearing officer
2045 pursuant to subsection (7) for both informal hearings under
2046 subsection (4) and formal hearings under subsection (6), the
2047 department shall:
2048 (a) Sustain the suspension of the person’s driving
2049 privilege for a period of 1 year for a first refusal, or for a
2050 period of 18 months if the driving privilege of such person has
2051 been previously suspended as a result of a refusal to submit to
2052 such tests, if the person refused to submit to a lawful breath,
2053 blood, or urine test. The suspension period commences on the
2054 date of issuance of the notice of suspension.
2055 (b) Sustain the suspension of the person’s driving
2056 privilege for a period of 6 months for a blood-alcohol level or
2057 breath-alcohol level of 0.08 or higher, or for a period of 1
2058 year if the driving privilege of such person has been previously
2059 suspended under this section as a result of driving with an
2060 unlawful alcohol level. The suspension period commences on the
2061 date of issuance of the notice of suspension.
2062 (9) A request for a formal review hearing or an informal
2063 review hearing shall not stay the suspension of the person’s
2064 driver driver’s license. If the department fails to schedule the
2065 formal review hearing to be held within 30 days after receipt of
2066 the request therefor, the department shall invalidate the
2067 suspension. If the scheduled hearing is continued at the
2068 department’s initiative or the driver enforces the subpoena as
2069 provided in subsection (6), the department shall issue a
2070 temporary driving permit that shall be valid until the hearing
2071 is conducted if the person is otherwise eligible for the driving
2072 privilege. Such permit may not be issued to a person who sought
2073 and obtained a continuance of the hearing. The permit issued
2074 under this subsection shall authorize driving for business or
2075 employment use only.
2076 (10) A person whose driver driver’s license is suspended
2077 under subsection (1) or subsection (3) may apply for issuance of
2078 a license for business or employment purposes only if the person
2079 is otherwise eligible for the driving privilege pursuant to s.
2080 322.271.
2081 (a) If the suspension of the driver driver’s license of the
2082 person for failure to submit to a breath, urine, or blood test
2083 is sustained, the person is not eligible to receive a license
2084 for business or employment purposes only, pursuant to s.
2085 322.271, until 90 days have elapsed after the expiration of the
2086 last temporary permit issued. If the driver is not issued a 10
2087 day permit pursuant to this section or s. 322.64 because he or
2088 she is ineligible for the permit and the suspension for failure
2089 to submit to a breath, urine, or blood test is not invalidated
2090 by the department, the driver is not eligible to receive a
2091 business or employment license pursuant to s. 322.271 until 90
2092 days have elapsed from the date of the suspension.
2093 (b) If the suspension of the driver driver’s license of the
2094 person relating to unlawful blood-alcohol level or breath
2095 alcohol level of 0.08 or higher is sustained, the person is not
2096 eligible to receive a license for business or employment
2097 purposes only pursuant to s. 322.271 until 30 days have elapsed
2098 after the expiration of the last temporary permit issued. If the
2099 driver is not issued a 10-day permit pursuant to this section or
2100 s. 322.64 because he or she is ineligible for the permit and the
2101 suspension relating to unlawful blood-alcohol level or breath
2102 alcohol level of 0.08 or higher is not invalidated by the
2103 department, the driver is not eligible to receive a business or
2104 employment license pursuant to s. 322.271 until 30 days have
2105 elapsed from the date of the suspension.
2106 (11) The formal review hearing may be conducted upon a
2107 review of the reports of a law enforcement officer or a
2108 correctional officer, including documents relating to the
2109 administration of a breath test or blood test or the refusal to
2110 take either test or the refusal to take a urine test. However,
2111 as provided in subsection (6), the driver may subpoena the
2112 officer or any person who administered or analyzed a breath or
2113 blood test. If the arresting officer or the breath technician
2114 fails to appear pursuant to a subpoena as provided in subsection
2115 (6), the department shall invalidate the suspension.
2116 (12) The formal review hearing and the informal review
2117 hearing are exempt from the provisions of chapter 120. The
2118 department may adopt rules for the conduct of reviews under this
2119 section.
2120 (13) A person may appeal any decision of the department
2121 sustaining a suspension of his or her driver driver’s license by
2122 a petition for writ of certiorari to the circuit court in the
2123 county wherein such person resides or wherein a formal or
2124 informal review was conducted pursuant to s. 322.31. However, an
2125 appeal shall not stay the suspension. A law enforcement agency
2126 may appeal any decision of the department invalidating a
2127 suspension by a petition for writ of certiorari to the circuit
2128 court in the county wherein a formal or informal review was
2129 conducted. This subsection shall not be construed to provide for
2130 a de novo review appeal.
2131 (14)(a) The decision of the department under this section
2132 or any circuit court review thereof may not be considered in any
2133 trial for a violation of s. 316.193, and a written statement
2134 submitted by a person in his or her request for departmental
2135 review under this section may not be admitted into evidence
2136 against him or her in any such trial.
2137 (b) The disposition of any related criminal proceedings
2138 does not affect a suspension for refusal to submit to a blood,
2139 breath, or urine test imposed under this section.
2140 (15) If the department suspends a person’s license under s.
2141 322.2616, it may not also suspend the person’s license under
2142 this section for the same episode that was the basis for the
2143 suspension under s. 322.2616.
2144 (16) The department shall invalidate a suspension for
2145 driving with an unlawful blood-alcohol level or breath-alcohol
2146 level imposed under this section if the suspended person is
2147 found not guilty at trial of an underlying violation of s.
2148 316.193.
2149 Section 36. Section 322.2616, Florida Statutes, is amended
2150 to read:
2151 322.2616 Suspension of license; persons under 21 years of
2152 age; right to review.—
2153 (1)(a) Notwithstanding s. 316.193, it is unlawful for a
2154 person under the age of 21 who has a blood-alcohol or breath
2155 alcohol level of 0.02 or higher to drive or be in actual
2156 physical control of a motor vehicle.
2157 (b) A law enforcement officer who has probable cause to
2158 believe that a motor vehicle is being driven by or is in the
2159 actual physical control of a person who is under the age of 21
2160 while under the influence of alcoholic beverages or who has any
2161 blood-alcohol or breath-alcohol level may lawfully detain such a
2162 person and may request that person to submit to a test to
2163 determine his or her blood-alcohol or breath-alcohol level.
2164 (2)(a) A law enforcement officer or correctional officer
2165 shall, on behalf of the department, suspend the driving
2166 privilege of such person if the person has a blood-alcohol or
2167 breath-alcohol level of 0.02 or higher. The officer shall also
2168 suspend, on behalf of the department, the driving privilege of a
2169 person who has refused to submit to a test as provided by
2170 paragraph (b). The officer shall take the person’s driver
2171 driver’s license and issue the person a 10-day temporary driving
2172 permit if the person is otherwise eligible for the driving
2173 privilege and shall issue the person a notice of suspension.
2174 (b) The suspension under paragraph (a) must be pursuant to,
2175 and the notice of suspension must inform the driver of, the
2176 following:
2177 1.a. The driver refused to submit to a lawful breath test
2178 and his or her driving privilege is suspended for a period of 1
2179 year for a first refusal or for a period of 18 months if his or
2180 her driving privilege has been previously suspended as provided
2181 in this section as a result of a refusal to submit to a test; or
2182 b. The driver was under the age of 21 and was driving or in
2183 actual physical control of a motor vehicle while having a blood
2184 alcohol or breath-alcohol level of 0.02 or higher; and the
2185 person’s driving privilege is suspended for a period of 6 months
2186 for a first violation, or for a period of 1 year if his or her
2187 driving privilege has been previously suspended as provided in
2188 this section for driving or being in actual physical control of
2189 a motor vehicle with a blood-alcohol or breath-alcohol level of
2190 0.02 or higher.
2191 2. The suspension period commences on the date of issuance
2192 of the notice of suspension.
2193 3. The driver may request a formal or informal review of
2194 the suspension by the department within 10 days after the
2195 issuance of the notice of suspension.
2196 4. A temporary permit issued at the time of the issuance of
2197 the notice of suspension shall not become effective until after
2198 12 hours have elapsed and will expire at midnight of the 10th
2199 day following the date of issuance.
2200 5. The driver may submit to the department any materials
2201 relevant to the suspension of his or her license.
2202 (c) When a driver subject to this section has a blood
2203 alcohol or breath-alcohol level of 0.05 or higher, the
2204 suspension shall remain in effect until such time as the driver
2205 has completed a substance abuse course offered by a DUI program
2206 licensed by the department. The driver shall assume the
2207 reasonable costs for the substance abuse course. As part of the
2208 substance abuse course, the program shall conduct a substance
2209 abuse evaluation of the driver, and notify the parents or legal
2210 guardians of drivers under the age of 19 years of the results of
2211 the evaluation. The term “substance abuse” means the abuse of
2212 alcohol or any substance named or described in Schedules I
2213 through V of s. 893.03. If a driver fails to complete the
2214 substance abuse education course and evaluation, the driver
2215 driver’s license shall not be reinstated by the department.
2216 (d) A minor under the age of 18 years proven to be driving
2217 with a blood-alcohol or breath-alcohol level of 0.02 or higher
2218 may be taken by a law enforcement officer to the addictions
2219 receiving facility in the county in which the minor is found to
2220 be so driving, if the county makes the addictions receiving
2221 facility available for such purpose.
2222 (3) The law enforcement officer shall forward to the
2223 department, within 5 days after the date of the issuance of the
2224 notice of suspension, a copy of the notice of suspension, the
2225 driver driver’s license of the person receiving the notice of
2226 suspension, and an affidavit stating the officer’s grounds for
2227 belief that the person was under the age of 21 and was driving
2228 or in actual physical control of a motor vehicle with any blood
2229 alcohol or breath-alcohol level, and the results of any blood or
2230 breath test or an affidavit stating that a breath test was
2231 requested by a law enforcement officer or correctional officer
2232 and that the person refused to submit to such test. The failure
2233 of the officer to submit materials within the 5-day period
2234 specified in this subsection does not bar the department from
2235 considering any materials submitted at or before the hearing.
2236 (4) If the department finds that the license of the person
2237 should be suspended under this section and if the notice of
2238 suspension has not already been served upon the person by a law
2239 enforcement officer or correctional officer as provided in
2240 subsection (2), the department shall issue a notice of
2241 suspension and, unless the notice is mailed under s. 322.251, a
2242 temporary driving permit that expires 10 days after the date of
2243 issuance if the driver is otherwise eligible.
2244 (5) If the person whose license is suspended requests an
2245 informal review under subparagraph (2)(b)3., the department
2246 shall conduct the informal review by a hearing officer
2247 designated employed by the department within 30 days after the
2248 request is received by the department and shall issue such
2249 person a temporary driving permit for business purposes only to
2250 expire on the date that such review is scheduled to be conducted
2251 if the person is otherwise eligible. The informal review hearing
2252 must consist solely of an examination by the department of the
2253 materials submitted by a law enforcement officer or correctional
2254 officer and by the person whose license is suspended, and the
2255 presence of an officer or witness is not required.
2256 (6) After completion of the informal review, notice of the
2257 department’s decision sustaining, amending, or invalidating the
2258 suspension of the driver driver’s license must be provided to
2259 the person. The notice must be mailed to the person at the last
2260 known address shown on the department’s records, or to the
2261 address provided in the law enforcement officer’s report if such
2262 address differs from the address of record, within 7 days after
2263 completing the review.
2264 (7)(a) If the person whose license is suspended requests a
2265 formal review, the department must schedule a hearing to be held
2266 within 30 days after the request is received by the department
2267 and must notify the person of the date, time, and place of the
2268 hearing and shall issue such person a temporary driving permit
2269 for business purposes only to expire on the date that such
2270 review is scheduled to be conducted if the person is otherwise
2271 eligible.
2272 (b) The formal review hearing must be held before a hearing
2273 officer designated employed by the department, and the hearing
2274 officer may administer oaths, examine witnesses and take
2275 testimony, receive relevant evidence, issue subpoenas, regulate
2276 the course and conduct of the hearing, and make a ruling on the
2277 suspension. The hearing officer may conduct hearings using
2278 communications technology. The department and the person whose
2279 license was suspended may subpoena witnesses, and the party
2280 requesting the presence of a witness is responsible for paying
2281 any witness fees and for notifying in writing the state
2282 attorney’s office in the appropriate circuit of the issuance of
2283 the subpoena. If the person who requests a formal review hearing
2284 fails to appear and the hearing officer finds the failure to be
2285 without just cause, the right to a formal hearing is waived and
2286 the suspension is sustained.
2287 (c) The failure of a subpoenaed witness to appear at the
2288 formal review hearing shall not be grounds to invalidate the
2289 suspension. If a witness fails to appear, a party may seek
2290 enforcement of a subpoena under paragraph (b) by filing a
2291 petition for enforcement in the circuit court of the judicial
2292 circuit in which the person failing to comply with the subpoena
2293 resides. A failure to comply with an order of the court
2294 constitutes contempt of court. However, a person may not be held
2295 in contempt while a subpoena is being challenged.
2296 (d) The department must, within 7 working days after a
2297 formal review hearing, send notice to the person of the hearing
2298 officer’s decision as to whether sufficient cause exists to
2299 sustain, amend, or invalidate the suspension.
2300 (8) In a formal review hearing under subsection (7) or an
2301 informal review hearing under subsection (5), the hearing
2302 officer shall determine by a preponderance of the evidence
2303 whether sufficient cause exists to sustain, amend, or invalidate
2304 the suspension. The scope of the review is limited to the
2305 following issues:
2306 (a) If the license was suspended because the individual,
2307 then under the age of 21, drove with a blood-alcohol or breath
2308 alcohol level of 0.02 or higher:
2309 1. Whether the law enforcement officer had probable cause
2310 to believe that the person was under the age of 21 and was
2311 driving or in actual physical control of a motor vehicle in this
2312 state with any blood-alcohol or breath-alcohol level or while
2313 under the influence of alcoholic beverages.
2314 2. Whether the person was under the age of 21.
2315 3. Whether the person had a blood-alcohol or breath-alcohol
2316 level of 0.02 or higher.
2317 (b) If the license was suspended because of the
2318 individual’s refusal to submit to a breath test:
2319 1. Whether the law enforcement officer had probable cause
2320 to believe that the person was under the age of 21 and was
2321 driving or in actual physical control of a motor vehicle in this
2322 state with any blood-alcohol or breath-alcohol level or while
2323 under the influence of alcoholic beverages.
2324 2. Whether the person was under the age of 21.
2325 3. Whether the person refused to submit to a breath test
2326 after being requested to do so by a law enforcement officer or
2327 correctional officer.
2328 4. Whether the person was told that if he or she refused to
2329 submit to a breath test his or her privilege to operate a motor
2330 vehicle would be suspended for a period of 1 year or, in the
2331 case of a second or subsequent refusal, for a period of 18
2332 months.
2333 (9) Based on the determination of the hearing officer under
2334 subsection (8) for both informal hearings under subsection (5)
2335 and formal hearings under subsection (7), the department shall:
2336 (a) Sustain the suspension of the person’s driving
2337 privilege for a period of 1 year for a first refusal, or for a
2338 period of 18 months if the driving privilege of the person has
2339 been previously suspended, as provided in this section, as a
2340 result of a refusal to submit to a test. The suspension period
2341 commences on the date of the issuance of the notice of
2342 suspension.
2343 (b) Sustain the suspension of the person’s driving
2344 privilege for a period of 6 months for driving or being in
2345 actual physical control of a motor vehicle while under the age
2346 of 21 with a blood-alcohol or breath-alcohol level of 0.02 or
2347 higher, or for a period of 1 year if the driving privilege of
2348 such person has been previously suspended under this section.
2349 The suspension period commences on the date of the issuance of
2350 the notice of suspension.
2351 (10) A request for a formal review hearing or an informal
2352 review hearing shall not stay the suspension of the person’s
2353 driver driver’s license. If the department fails to schedule the
2354 formal review hearing to be held within 30 days after receipt of
2355 the request therefor, the department shall invalidate the
2356 suspension. If the scheduled hearing is continued at the
2357 department’s initiative or the driver enforces the subpoena as
2358 provided in subsection (7), the department shall issue a
2359 temporary driving permit that is valid until the hearing is
2360 conducted if the person is otherwise eligible for the driving
2361 privilege. The permit shall not be issued to a person who
2362 requested a continuance of the hearing. The permit issued under
2363 this subsection authorizes driving for business or employment
2364 use only.
2365 (11) A person whose driver driver’s license is suspended
2366 under subsection (2) or subsection (4) may apply for issuance of
2367 a license for business or employment purposes only, pursuant to
2368 s. 322.271, if the person is otherwise eligible for the driving
2369 privilege. However, such a license may not be issued until 30
2370 days have elapsed after the expiration of the last temporary
2371 driving permit issued under this section.
2372 (12) The formal review hearing may be conducted upon a
2373 review of the reports of a law enforcement officer or
2374 correctional officer, including documents relating to the
2375 administration of a breath test or the refusal to take a test.
2376 However, as provided in subsection (7), the driver may subpoena
2377 the officer or any person who administered a breath or blood
2378 test. If the officer who suspended the driving privilege fails
2379 to appear pursuant to a subpoena as provided in subsection (7),
2380 the department shall invalidate the suspension.
2381 (13) The formal review hearing and the informal review
2382 hearing are exempt from chapter 120. The department may adopt
2383 rules for conducting reviews under this section.
2384 (14) A person may appeal any decision of the department
2385 sustaining a suspension of his or her driver driver’s license by
2386 a petition for writ of certiorari to the circuit court in the
2387 county wherein such person resides or wherein a formal or
2388 informal review was conducted under s. 322.31. However, an
2389 appeal does not stay the suspension. This subsection does not
2390 provide for a de novo review appeal.
2391 (15) The decision of the department under this section
2392 shall not be considered in any trial for a violation of s.
2393 316.193, nor shall any written statement submitted by a person
2394 in his or her request for departmental review under this section
2395 be admissible into evidence against him or her in any such
2396 trial. The disposition of any related criminal proceedings shall
2397 not affect a suspension imposed under this section.
2398 (16) By applying for and accepting and using a driver
2399 driver’s license, a person under the age of 21 years who holds
2400 the driver driver’s license is deemed to have expressed his or
2401 her consent to the provisions of this section.
2402 (17) A breath test to determine breath-alcohol level
2403 pursuant to this section may be conducted as authorized by s.
2404 316.1932 or by a breath-alcohol test device listed in the United
2405 States Department of Transportation’s conforming-product list of
2406 evidential breath-measurement devices. The reading from such a
2407 device is presumed accurate and is admissible in evidence in any
2408 administrative hearing conducted under this section.
2409 (18) The result of a blood test obtained during an
2410 investigation conducted under s. 316.1932 or s. 316.1933 may be
2411 used to suspend the driving privilege of a person under this
2412 section.
2413 (19) A violation of this section is neither a traffic
2414 infraction nor a criminal offense, nor does being detained
2415 pursuant to this section constitute an arrest. A violation of
2416 this section is subject to the administrative action provisions
2417 of this section, which are administered by the department
2418 through its administrative processes. Administrative actions
2419 taken pursuant to this section shall be recorded in the motor
2420 vehicle records maintained by the department. This section does
2421 not bar prosecution under s. 316.193. However, if the department
2422 suspends a person’s license under s. 322.2615 for a violation of
2423 s. 316.193, it may not also suspend the person’s license under
2424 this section for the same episode that was the basis for the
2425 suspension under s. 322.2615.
2426 Section 37. Section 322.64, Florida Statutes, is amended to
2427 read:
2428 322.64 Holder of commercial driver driver’s license;
2429 persons operating a commercial motor vehicle; driving with
2430 unlawful blood-alcohol level; refusal to submit to breath,
2431 urine, or blood test.—
2432 (1)(a) A law enforcement officer or correctional officer
2433 shall, on behalf of the department, disqualify from operating
2434 any commercial motor vehicle a person who while operating or in
2435 actual physical control of a commercial motor vehicle is
2436 arrested for a violation of s. 316.193, relating to unlawful
2437 blood-alcohol level or breath-alcohol level, or a person who has
2438 refused to submit to a breath, urine, or blood test authorized
2439 by s. 322.63 or s. 316.1932 arising out of the operation or
2440 actual physical control of a commercial motor vehicle. A law
2441 enforcement officer or correctional officer shall, on behalf of
2442 the department, disqualify the holder of a commercial driver
2443 driver’s license from operating any commercial motor vehicle if
2444 the licenseholder, while operating or in actual physical control
2445 of a motor vehicle, is arrested for a violation of s. 316.193,
2446 relating to unlawful blood-alcohol level or breath-alcohol
2447 level, or refused to submit to a breath, urine, or blood test
2448 authorized by s. 322.63 or s. 316.1932. Upon disqualification of
2449 the person, the officer shall take the person’s driver driver’s
2450 license and issue the person a 10-day temporary permit for the
2451 operation of noncommercial vehicles only if the person is
2452 otherwise eligible for the driving privilege and shall issue the
2453 person a notice of disqualification. If the person has been
2454 given a blood, breath, or urine test, the results of which are
2455 not available to the officer at the time of the arrest, the
2456 agency employing the officer shall transmit such results to the
2457 department within 5 days after receipt of the results. If the
2458 department then determines that the person had a blood-alcohol
2459 level or breath-alcohol level of 0.08 or higher, the department
2460 shall disqualify the person from operating a commercial motor
2461 vehicle pursuant to subsection (3).
2462 (b) For purposes of determining the period of
2463 disqualification described in 49 C.F.R. s. 383.51, a
2464 disqualification under paragraph (a) shall be considered a
2465 conviction.
2466 (c)(b) The disqualification under paragraph (a) shall be
2467 pursuant to, and the notice of disqualification shall inform the
2468 driver of, the following:
2469 1.a. The driver refused to submit to a lawful breath,
2470 blood, or urine test and he or she is disqualified from
2471 operating a commercial motor vehicle for the time period
2472 specified in 49 C.F.R. s. 383.51 for a period of 1 year, for a
2473 first refusal, or permanently, if he or she has previously been
2474 disqualified under this section; or
2475 b. The driver had an unlawful blood-alcohol level of 0.08
2476 or higher while was driving or in actual physical control of a
2477 commercial motor vehicle, or any motor vehicle if the driver
2478 holds a commercial driver driver’s license, had an unlawful
2479 blood-alcohol level or breath-alcohol level of 0.08 or higher,
2480 and his or her driving privilege is shall be disqualified for
2481 the time period specified in 49 C.F.R. s. 383.51 a period of 1
2482 year for a first offense or permanently disqualified if his or
2483 her driving privilege has been previously disqualified under
2484 this section.
2485 2. The disqualification period for operating commercial
2486 vehicles shall commence on the date of issuance of the notice of
2487 disqualification.
2488 3. The driver may request a formal or informal review of
2489 the disqualification by the department within 10 days after the
2490 date of issuance of the notice of disqualification.
2491 4. The temporary permit issued at the time of
2492 disqualification expires at midnight of the 10th day following
2493 the date of disqualification.
2494 5. The driver may submit to the department any materials
2495 relevant to the disqualification.
2496 (2)(a) Except as provided in paragraph (1)(a), the law
2497 enforcement officer shall forward to the department, within 5
2498 days after the date of the issuance of the notice of
2499 disqualification, a copy of the notice of disqualification, the
2500 driver driver’s license of the person disqualified, and an
2501 affidavit stating the officer’s grounds for belief that the
2502 person disqualified was operating or in actual physical control
2503 of a commercial motor vehicle, or holds a commercial driver
2504 driver’s license, and had an unlawful blood-alcohol or breath
2505 alcohol level; the results of any breath or blood or urine test
2506 or an affidavit stating that a breath, blood, or urine test was
2507 requested by a law enforcement officer or correctional officer
2508 and that the person arrested refused to submit; a copy of the
2509 notice of disqualification issued to the person; and the
2510 officer’s description of the person’s field sobriety test, if
2511 any. The failure of the officer to submit materials within the
2512 5-day period specified in this subsection or subsection (1) does
2513 not affect the department’s ability to consider any evidence
2514 submitted at or prior to the hearing.
2515 (b) The officer may also submit a copy of a video recording
2516 videotape of the field sobriety test or the attempt to
2517 administer such test and a copy of the crash report, if any.
2518 Notwithstanding s. 316.066, the crash report shall be considered
2519 by the hearing officer.
2520 (3) If the department determines that the person arrested
2521 should be disqualified from operating a commercial motor vehicle
2522 pursuant to this section and if the notice of disqualification
2523 has not already been served upon the person by a law enforcement
2524 officer or correctional officer as provided in subsection (1),
2525 the department shall issue a notice of disqualification and,
2526 unless the notice is mailed pursuant to s. 322.251, a temporary
2527 permit which expires 10 days after the date of issuance if the
2528 driver is otherwise eligible.
2529 (4) If the person disqualified requests an informal review
2530 pursuant to subparagraph (1)(c)3. (1)(b)3., the department shall
2531 conduct the informal review by a hearing officer designated
2532 employed by the department. Such informal review hearing shall
2533 consist solely of an examination by the department of the
2534 materials submitted by a law enforcement officer or correctional
2535 officer and by the person disqualified, and the presence of an
2536 officer or witness is not required.
2537 (5) After completion of the informal review, notice of the
2538 department’s decision sustaining, amending, or invalidating the
2539 disqualification must be provided to the person. Such notice
2540 must be mailed to the person at the last known address shown on
2541 the department’s records, and to the address provided in the law
2542 enforcement officer’s report if such address differs from the
2543 address of record, within 21 days after the expiration of the
2544 temporary permit issued pursuant to subsection (1) or subsection
2545 (3).
2546 (6)(a) If the person disqualified requests a formal review,
2547 the department must schedule a hearing to be held within 30 days
2548 after such request is received by the department and must notify
2549 the person of the date, time, and place of the hearing.
2550 (b) Such formal review hearing shall be held before a
2551 hearing officer designated employed by the department, and the
2552 hearing officer shall be authorized to administer oaths, examine
2553 witnesses and take testimony, receive relevant evidence, issue
2554 subpoenas for the officers and witnesses identified in documents
2555 provided under paragraph (2)(a) as provided in subsection (2),
2556 regulate the course and conduct of the hearing, and make a
2557 ruling on the disqualification. The hearing officer may conduct
2558 hearings using communications technology. The department and the
2559 person disqualified may subpoena witnesses, and the party
2560 requesting the presence of a witness shall be responsible for
2561 the payment of any witness fees. If the person who requests a
2562 formal review hearing fails to appear and the hearing officer
2563 finds such failure to be without just cause, the right to a
2564 formal hearing is waived.
2565 (c) The failure of a subpoenaed witness to appear at the
2566 formal review hearing shall not be grounds to invalidate the
2567 disqualification. If a witness fails to appear, a party may seek
2568 enforcement of a subpoena under paragraph (b) by filing a
2569 petition for enforcement in the circuit court of the judicial
2570 circuit in which the person failing to comply with the subpoena
2571 resides or by filing a motion for enforcement in any criminal
2572 court case resulting from the driving or actual physical control
2573 of a motor vehicle or commercial motor vehicle that gave rise to
2574 the disqualification under this section. A failure to comply
2575 with an order of the court shall result in a finding of contempt
2576 of court. However, a person shall not be in contempt while a
2577 subpoena is being challenged.
2578 (d) The department must, within 7 working days after a
2579 formal review hearing, send notice to the person of the hearing
2580 officer’s decision as to whether sufficient cause exists to
2581 sustain, amend, or invalidate the disqualification.
2582 (7) In a formal review hearing under subsection (6) or an
2583 informal review hearing under subsection (4), the hearing
2584 officer shall determine by a preponderance of the evidence
2585 whether sufficient cause exists to sustain, amend, or invalidate
2586 the disqualification. The scope of the review shall be limited
2587 to the following issues:
2588 (a) If the person was disqualified from operating a
2589 commercial motor vehicle for driving with an unlawful blood
2590 alcohol level:
2591 1. Whether the arresting law enforcement officer had
2592 probable cause to believe that the person was driving or in
2593 actual physical control of a commercial motor vehicle, or any
2594 motor vehicle if the driver holds a commercial driver driver’s
2595 license, in this state while he or she had any alcohol, chemical
2596 substances, or controlled substances in his or her body.
2597 2. Whether the person had an unlawful blood-alcohol level
2598 or breath-alcohol level of 0.08 or higher.
2599 (b) If the person was disqualified from operating a
2600 commercial motor vehicle for refusal to submit to a breath,
2601 blood, or urine test:
2602 1. Whether the law enforcement officer had probable cause
2603 to believe that the person was driving or in actual physical
2604 control of a commercial motor vehicle, or any motor vehicle if
2605 the driver holds a commercial driver driver’s license, in this
2606 state while he or she had any alcohol, chemical substances, or
2607 controlled substances in his or her body.
2608 2. Whether the person refused to submit to the test after
2609 being requested to do so by a law enforcement officer or
2610 correctional officer.
2611 3. Whether the person was told that if he or she refused to
2612 submit to such test he or she would be disqualified from
2613 operating a commercial motor vehicle for a period of 1 year or,
2614 if previously disqualified under this section, permanently.
2615 (8) Based on the determination of the hearing officer
2616 pursuant to subsection (7) for both informal hearings under
2617 subsection (4) and formal hearings under subsection (6), the
2618 department shall:
2619 (a) sustain the disqualification for the time period
2620 described in 49 C.F.R. s. 383.51 a period of 1 year for a first
2621 refusal, or permanently if such person has been previously
2622 disqualified from operating a commercial motor vehicle under
2623 this section. The disqualification period commences on the date
2624 of the issuance of the notice of disqualification.
2625 (b) Sustain the disqualification:
2626 1. For a period of 1 year if the person was driving or in
2627 actual physical control of a commercial motor vehicle, or any
2628 motor vehicle if the driver holds a commercial driver’s license,
2629 and had an unlawful blood-alcohol level or breath-alcohol level
2630 of 0.08 or higher; or
2631 2. Permanently if the person has been previously
2632 disqualified from operating a commercial motor vehicle under
2633 this section or his or her driving privilege has been previously
2634 suspended for driving or being in actual physical control of a
2635 commercial motor vehicle, or any motor vehicle if the driver
2636 holds a commercial driver’s license, and had an unlawful blood
2637 alcohol level or breath-alcohol level of 0.08 or higher.
2638
2639 The disqualification period commences on the date of the
2640 issuance of the notice of disqualification.
2641 (9) A request for a formal review hearing or an informal
2642 review hearing shall not stay the disqualification. If the
2643 department fails to schedule the formal review hearing to be
2644 held within 30 days after receipt of the request therefor, the
2645 department shall invalidate the disqualification. If the
2646 scheduled hearing is continued at the department’s initiative or
2647 the driver enforces the subpoena as provided in subsection (6),
2648 the department shall issue a temporary driving permit limited to
2649 noncommercial vehicles which is valid until the hearing is
2650 conducted if the person is otherwise eligible for the driving
2651 privilege. Such permit shall not be issued to a person who
2652 sought and obtained a continuance of the hearing. The permit
2653 issued under this subsection shall authorize driving for
2654 business purposes only.
2655 (10) A person who is disqualified from operating a
2656 commercial motor vehicle under subsection (1) or subsection (3)
2657 is eligible for issuance of a license for business or employment
2658 purposes only under s. 322.271 if the person is otherwise
2659 eligible for the driving privilege. However, such business or
2660 employment purposes license shall not authorize the driver to
2661 operate a commercial motor vehicle.
2662 (11) The formal review hearing may be conducted upon a
2663 review of the reports of a law enforcement officer or a
2664 correctional officer, including documents relating to the
2665 administration of a breath test or blood test or the refusal to
2666 take either test. However, as provided in subsection (6), the
2667 driver may subpoena the officer or any person who administered
2668 or analyzed a breath or blood test. If the arresting officer or
2669 the breath technician fails to appear pursuant to a subpoena as
2670 provided in subsection (6), the department shall invalidate the
2671 disqualification.
2672 (12) The formal review hearing and the informal review
2673 hearing are exempt from the provisions of chapter 120. The
2674 department may is authorized to adopt rules for the conduct of
2675 reviews under this section.
2676 (13) A person may appeal any decision of the department
2677 sustaining the disqualification from operating a commercial
2678 motor vehicle by a petition for writ of certiorari to the
2679 circuit court in the county wherein such person resides or
2680 wherein a formal or informal review was conducted pursuant to s.
2681 322.31. However, an appeal shall not stay the disqualification.
2682 This subsection shall not be construed to provide for a de novo
2683 review appeal.
2684 (14) The decision of the department under this section
2685 shall not be considered in any trial for a violation of s.
2686 316.193, s. 322.61, or s. 322.62, nor shall any written
2687 statement submitted by a person in his or her request for
2688 departmental review under this section be admissible into
2689 evidence against him or her in any such trial. The disposition
2690 of any related criminal proceedings shall not affect a
2691 disqualification imposed pursuant to this section.
2692 (15) This section does not preclude the suspension of the
2693 driving privilege pursuant to s. 322.2615. The driving privilege
2694 of a person who has been disqualified from operating a
2695 commercial motor vehicle also may be suspended for a violation
2696 of s. 316.193.
2697 Section 38. Section 322.2715, Florida Statutes, is amended
2698 to read:
2699 322.2715 Ignition interlock device.—
2700 (1) Before issuing a permanent or restricted driver
2701 driver’s license under this chapter, the department shall
2702 require the placement of a department-approved ignition
2703 interlock device for any person convicted of committing an
2704 offense of driving under the influence as specified in
2705 subsection (3), except that consideration may be given to those
2706 individuals having a documented medical condition that would
2707 prohibit the device from functioning normally. If a medical
2708 waiver has been granted for a convicted person seeking a
2709 restricted license, the convicted person shall not be entitled
2710 to a restricted license until the required ignition interlock
2711 device installation period under subsection (3) expires, in
2712 addition to the time requirements under s. 322.271. If a medical
2713 waiver has been approved for a convicted person seeking
2714 permanent reinstatement of the driver license, the convicted
2715 person must be restricted to an employment-purposes-only license
2716 and be supervised by a licensed DUI program until the required
2717 ignition interlock device installation period under subsection
2718 (3) expires. An interlock device shall be placed on all vehicles
2719 that are individually or jointly leased or owned and routinely
2720 operated by the convicted person.
2721 (2) For purposes of this section, any conviction for a
2722 violation of s. 316.193, a previous conviction for a violation
2723 of former s. 316.1931, or a conviction outside this state for
2724 driving under the influence, driving while intoxicated, driving
2725 with an unlawful blood-alcohol level, or any other similar
2726 alcohol-related or drug-related traffic offense is a conviction
2727 of driving under the influence.
2728 (3) If the person is convicted of:
2729 (a) A first offense of driving under the influence under s.
2730 316.193 and has an unlawful blood-alcohol level or breath
2731 alcohol level as specified in s. 316.193(4), or if a person is
2732 convicted of a violation of s. 316.193 and was at the time of
2733 the offense accompanied in the vehicle by a person younger than
2734 18 years of age, the person shall have the ignition interlock
2735 device installed for at least not less than 6 continuous months
2736 for the first offense and for at least not less than 2
2737 continuous years for a second offense.
2738 (b) A second offense of driving under the influence, the
2739 ignition interlock device shall be installed for a period of at
2740 least not less than 1 continuous year.
2741 (c) A third offense of driving under the influence which
2742 occurs within 10 years after a prior conviction for a violation
2743 of s. 316.193, the ignition interlock device shall be installed
2744 for a period of at least not less than 2 continuous years.
2745 (d) A third offense of driving under the influence which
2746 occurs more than 10 years after the date of a prior conviction,
2747 the ignition interlock device shall be installed for a period of
2748 at least not less than 2 continuous years.
2749 (e) A fourth or subsequent offense of driving under the
2750 influence, the ignition interlock device shall be installed for
2751 a period of at least not less than 5 years.
2752 (4) If the court fails to order the mandatory placement of
2753 the ignition interlock device or fails to order for the
2754 applicable period the mandatory placement of an ignition
2755 interlock device under s. 316.193 or s. 316.1937 at the time of
2756 imposing sentence or within 30 days thereafter, the department
2757 shall immediately require that the ignition interlock device be
2758 installed as provided in this section, except that consideration
2759 may be given to those individuals having a documented medical
2760 condition that would prohibit the device from functioning
2761 normally. This subsection applies to the reinstatement of the
2762 driving privilege following a revocation, suspension, or
2763 cancellation that is based upon a conviction for the offense of
2764 driving under the influence which occurs on or after July 1,
2765 2005.
2766 (5) In addition to any fees authorized by rule for the
2767 installation and maintenance of the ignition interlock device,
2768 the authorized installer of the device shall collect and remit
2769 $12 for each installation to the department, which shall be
2770 deposited into the Highway Safety Operating Trust Fund to be
2771 used for the operation of the Ignition Interlock Device Program.
2772 Section 39. Section 322.28, Florida Statutes, is amended to
2773 read:
2774 322.28 Period of suspension or revocation.—
2775 (1) Unless otherwise provided by this section, the
2776 department shall not suspend a license for a period of more than
2777 1 year and, upon revoking a license, in any case except in a
2778 prosecution for the offense of driving a motor vehicle while
2779 under the influence of alcoholic beverages, chemical substances
2780 as set forth in s. 877.111, or controlled substances, shall not
2781 in any event grant a new license until the expiration of 1 year
2782 after such revocation.
2783 (2) In a prosecution for a violation of s. 316.193 or
2784 former s. 316.1931, the following provisions apply:
2785 (a) Upon conviction of the driver, the court, along with
2786 imposing sentence, shall revoke the driver driver’s license or
2787 driving privilege of the person so convicted, effective on the
2788 date of conviction, and shall prescribe the period of such
2789 revocation in accordance with the following provisions:
2790 1. Upon a first conviction for a violation of the
2791 provisions of s. 316.193, except a violation resulting in death,
2792 the driver driver’s license or driving privilege shall be
2793 revoked for at least not less than 180 days but not or more than
2794 1 year.
2795 2. Upon a second conviction for an offense that occurs
2796 within a period of 5 years after the date of a prior conviction
2797 for a violation of the provisions of s. 316.193 or former s.
2798 316.1931 or a combination of such sections, the driver driver’s
2799 license or driving privilege shall be revoked for at least not
2800 less than 5 years.
2801 3. Upon a third conviction for an offense that occurs
2802 within a period of 10 years after the date of a prior conviction
2803 for the violation of the provisions of s. 316.193 or former s.
2804 316.1931 or a combination of such sections, the driver driver’s
2805 license or driving privilege shall be revoked for at least not
2806 less than 10 years.
2807
2808 For the purposes of this paragraph, a previous conviction
2809 outside this state for driving under the influence, driving
2810 while intoxicated, driving with an unlawful blood-alcohol level,
2811 or any other alcohol-related or drug-related traffic offense
2812 similar to the offense of driving under the influence as
2813 proscribed by s. 316.193 will be considered a previous
2814 conviction for violation of s. 316.193, and a conviction for
2815 violation of former s. 316.028, former s. 316.1931, or former s.
2816 860.01 is considered a conviction for violation of s. 316.193.
2817 (b) If the period of revocation was not specified by the
2818 court at the time of imposing sentence or within 30 days
2819 thereafter, and is not otherwise specified by law, the
2820 department shall forthwith revoke the driver driver’s license or
2821 driving privilege for the maximum period applicable under
2822 paragraph (a) for a first conviction and for the minimum period
2823 applicable under paragraph (a) for any subsequent convictions.
2824 The driver may, within 30 days after such revocation by the
2825 department, petition the court for further hearing on the period
2826 of revocation, and the court may reopen the case and determine
2827 the period of revocation within the limits specified in
2828 paragraph (a).
2829 (c) The forfeiture of bail bond, not vacated within 20
2830 days, in any prosecution for the offense of driving while under
2831 the influence of alcoholic beverages, chemical substances, or
2832 controlled substances to the extent of depriving the defendant
2833 of his or her normal faculties shall be deemed equivalent to a
2834 conviction for the purposes of this paragraph, and the
2835 department shall forthwith revoke the defendant’s driver
2836 driver’s license or driving privilege for the maximum period
2837 applicable under paragraph (a) for a first conviction and for
2838 the minimum period applicable under paragraph (a) for a second
2839 or subsequent conviction; however, if the defendant is later
2840 convicted of the charge, the period of revocation imposed by the
2841 department for such conviction shall not exceed the difference
2842 between the applicable maximum for a first conviction or minimum
2843 for a second or subsequent conviction and the revocation period
2844 under this subsection that has actually elapsed; upon conviction
2845 of such charge, the court may impose revocation for a period of
2846 time as specified in paragraph (a). This paragraph does not
2847 apply if an appropriate motion contesting the forfeiture is
2848 filed within the 20-day period.
2849 (d) When any driver’s license or driving privilege has been
2850 revoked pursuant to the provisions of this section, the
2851 department shall not grant a new license, except upon
2852 reexamination of the licensee after the expiration of the period
2853 of revocation so prescribed. However, the court may, in its
2854 sound discretion, issue an order of reinstatement on a form
2855 furnished by the department which the person may take to any
2856 driver’s license examining office for reinstatement by the
2857 department pursuant to s. 322.282.
2858 (d)(e) The court shall permanently revoke the driver
2859 driver’s license or driving privilege of a person who has been
2860 convicted four times for violation of s. 316.193 or former s.
2861 316.1931 or a combination of such sections. The court shall
2862 permanently revoke the driver driver’s license or driving
2863 privilege of any person who has been convicted of DUI
2864 manslaughter in violation of s. 316.193. If the court has not
2865 permanently revoked such driver driver’s license or driving
2866 privilege within 30 days after imposing sentence, the department
2867 shall permanently revoke the driver driver’s license or driving
2868 privilege pursuant to this paragraph. No driver driver’s license
2869 or driving privilege may be issued or granted to any such
2870 person. This paragraph applies only if at least one of the
2871 convictions for violation of s. 316.193 or former s. 316.1931
2872 was for a violation that occurred after July 1, 1982. For the
2873 purposes of this paragraph, a conviction for violation of former
2874 s. 316.028, former s. 316.1931, or former s. 860.01 is also
2875 considered a conviction for violation of s. 316.193. Also, a
2876 conviction of driving under the influence, driving while
2877 intoxicated, driving with an unlawful blood-alcohol level, or
2878 any other similar alcohol-related or drug-related traffic
2879 offense outside this state is considered a conviction for the
2880 purposes of this paragraph.
2881 (e) Convictions that occur on the same date resulting from
2882 separate offense dates shall be treated as separate convictions,
2883 and the offense that occurred earlier will be deemed a prior
2884 conviction for the purposes of this section.
2885 (3) The court shall permanently revoke the driver driver’s
2886 license or driving privilege of a person who has been convicted
2887 of murder resulting from the operation of a motor vehicle. No
2888 driver driver’s license or driving privilege may be issued or
2889 granted to any such person.
2890 (4)(a) Upon a conviction for a violation of s.
2891 316.193(3)(c)2., involving serious bodily injury, a conviction
2892 of manslaughter resulting from the operation of a motor vehicle,
2893 or a conviction of vehicular homicide, the court shall revoke
2894 the driver driver’s license of the person convicted for a
2895 minimum period of 3 years. If a conviction under s.
2896 316.193(3)(c)2., involving serious bodily injury, is also a
2897 subsequent conviction as described under paragraph (2)(a), the
2898 court shall revoke the driver driver’s license or driving
2899 privilege of the person convicted for the period applicable as
2900 provided in paragraph (2)(a) or paragraph (2)(d) (2)(e).
2901 (b) If the period of revocation was not specified by the
2902 court at the time of imposing sentence or within 30 days
2903 thereafter, the department shall revoke the driver driver’s
2904 license for the minimum period applicable under paragraph (a)
2905 or, for a subsequent conviction, for the minimum period
2906 applicable under paragraph (2)(a) or paragraph (2)(d) (2)(e).
2907 (5) A court may not stay the administrative suspension of a
2908 driving privilege under s. 322.2615 or s. 322.2616 during
2909 judicial review of the departmental order that resulted in such
2910 suspension, and a suspension or revocation of a driving
2911 privilege may not be stayed upon an appeal of the conviction or
2912 order that resulted in the suspension or revocation.
2913 (6) In a prosecution for a violation of s. 316.172(1), and
2914 upon a showing of the department’s records that the licensee has
2915 received a second conviction within 5 years following the date
2916 of a prior conviction of s. 316.172(1), the department shall,
2917 upon direction of the court, suspend the driver driver’s license
2918 of the person convicted for a period of at least not less than
2919 90 days but not or more than 6 months.
2920 (7) Following a second or subsequent violation of s.
2921 796.07(2)(f) which involves a motor vehicle and which results in
2922 any judicial disposition other than acquittal or dismissal, in
2923 addition to any other sentence imposed, the court shall revoke
2924 the person’s driver driver’s license or driving privilege,
2925 effective upon the date of the disposition, for a period of at
2926 least not less than 1 year. A person sentenced under this
2927 subsection may request a hearing under s. 322.271.
2928 Section 40. Section 322.331, Florida Statutes, is repealed.
2929 Section 41. Section 322.61, Florida Statutes, is amended to
2930 read:
2931 322.61 Disqualification from operating a commercial motor
2932 vehicle.—
2933 (1) A person who, for offenses occurring within a 3-year
2934 period, is convicted of two of the following serious traffic
2935 violations or any combination thereof, arising in separate
2936 incidents committed in a commercial motor vehicle shall, in
2937 addition to any other applicable penalties, be disqualified from
2938 operating a commercial motor vehicle for a period of 60 days. A
2939 holder of a commercial driver driver’s license or commercial
2940 learner’s permit who, for offenses occurring within a 3-year
2941 period, is convicted of two of the following serious traffic
2942 violations, or any combination thereof, arising in separate
2943 incidents committed in a noncommercial motor vehicle shall, in
2944 addition to any other applicable penalties, be disqualified from
2945 operating a commercial motor vehicle for a period of 60 days if
2946 such convictions result in the suspension, revocation, or
2947 cancellation of the licenseholder’s driving privilege:
2948 (a) A violation of any state or local law relating to motor
2949 vehicle traffic control, other than a parking violation, a
2950 weight violation, or a vehicle equipment violation, arising in
2951 connection with a crash resulting in death or personal injury to
2952 any person;
2953 (b) Reckless driving, as defined in s. 316.192;
2954 (c) Careless driving, as defined in s. 316.1925;
2955 (d) Fleeing or attempting to elude a law enforcement
2956 officer, as defined in s. 316.1935;
2957 (c)(e) Unlawful speed of 15 miles per hour or more above
2958 the posted speed limit;
2959 (f) Driving a commercial motor vehicle, owned by such
2960 person, which is not properly insured;
2961 (d)(g) Improper lane change, as defined in s. 316.085;
2962 (e)(h) Following too closely, as defined in s. 316.0895;
2963 (f)(i) Driving a commercial vehicle without obtaining a
2964 commercial driver driver’s license;
2965 (g)(j) Driving a commercial vehicle without the proper
2966 class of commercial driver driver’s license or commercial
2967 learner’s permit or without the proper endorsement; or
2968 (h)(k) Driving a commercial vehicle without a commercial
2969 driver driver’s license or commercial learner’s permit in
2970 possession, as required by s. 322.03. Any individual who
2971 provides proof to the clerk of the court or designated official
2972 in the jurisdiction where the citation was issued, by the date
2973 the individual must appear in court or pay any fine for such a
2974 violation, that the individual held a valid commercial driver’s
2975 license on the date the citation was issued is not guilty of
2976 this offense.
2977 (2)(a) Any person who, for offenses occurring within a 3
2978 year period, is convicted of three serious traffic violations
2979 specified in subsection (1) or any combination thereof, arising
2980 in separate incidents committed in a commercial motor vehicle
2981 shall, in addition to any other applicable penalties, including
2982 but not limited to the penalty provided in subsection (1), be
2983 disqualified from operating a commercial motor vehicle for a
2984 period of 120 days.
2985 (b) A holder of a commercial driver driver’s license or
2986 commercial learner’s permit who, for offenses occurring within a
2987 3-year period, is convicted of three serious traffic violations
2988 specified in subsection (1) or any combination thereof arising
2989 in separate incidents committed in a noncommercial motor vehicle
2990 shall, in addition to any other applicable penalties, including,
2991 but not limited to, the penalty provided in subsection (1), be
2992 disqualified from operating a commercial motor vehicle for a
2993 period of 120 days if such convictions result in the suspension,
2994 revocation, or cancellation of the licenseholder’s driving
2995 privilege.
2996 (3)(a) Except as provided in subsection (4), any person who
2997 is convicted of one of the offenses listed in paragraph (b)
2998 while operating a commercial motor vehicle shall, in addition to
2999 any other applicable penalties, be disqualified from operating a
3000 commercial motor vehicle for a period of 1 year.
3001 (b) Except as provided in subsection (4), any holder of a
3002 commercial driver license or commercial learner’s permit who is
3003 convicted of one of the offenses listed in this paragraph while
3004 operating a noncommercial motor vehicle shall, in addition to
3005 any other applicable penalties, be disqualified from operating a
3006 commercial motor vehicle for a period of 1 year:
3007 1. Driving a motor vehicle while he or she is under the
3008 influence of alcohol or a controlled substance;
3009 2. Driving a commercial motor vehicle while the alcohol
3010 concentration of his or her blood, breath, or urine is .04
3011 percent or higher;
3012 3. Leaving the scene of a crash involving a motor vehicle
3013 driven by such person;
3014 4. Using a motor vehicle in the commission of a felony;
3015 5. Driving a commercial motor vehicle while in possession
3016 of a controlled substance;
3017 5.6. Refusing to submit to a test to determine his or her
3018 alcohol concentration while driving a motor vehicle;
3019 6. Driving a commercial motor vehicle when, as a result of
3020 prior violations committed operating a commercial motor vehicle,
3021 his or her commercial driver license or commercial learner’s
3022 permit is revoked, suspended, or canceled, or he or she is
3023 disqualified from operating a commercial motor vehicle; or
3024 7. Driving a commercial vehicle while the licenseholder’s
3025 commercial driver license is suspended, revoked, or canceled or
3026 while the licenseholder is disqualified from driving a
3027 commercial vehicle; or
3028 7.8. Causing a fatality through the negligent operation of
3029 a commercial motor vehicle.
3030 (4) Any person who is transporting hazardous materials as
3031 defined in s. 322.01(24) shall, upon conviction of an offense
3032 specified in subsection (3), be disqualified from operating a
3033 commercial motor vehicle for a period of 3 years. The penalty
3034 provided in this subsection shall be in addition to any other
3035 applicable penalty.
3036 (5) A person who is convicted of two violations specified
3037 in subsection (3) which were committed while operating a
3038 commercial motor vehicle, or any combination thereof, arising in
3039 separate incidents shall be permanently disqualified from
3040 operating a commercial motor vehicle. A holder of a commercial
3041 driver license or commercial learner’s permit who is convicted
3042 of two violations specified in subsection (3) which were
3043 committed while operating any motor vehicle arising in separate
3044 incidents shall be permanently disqualified from operating a
3045 commercial motor vehicle. The penalty provided in this
3046 subsection is in addition to any other applicable penalty.
3047 (6) Notwithstanding subsections (3), (4), and (5), any
3048 person who uses a commercial motor vehicle in the commission of
3049 any felony involving the manufacture, distribution, or
3050 dispensing of a controlled substance, including possession with
3051 intent to manufacture, distribute, or dispense a controlled
3052 substance, shall, upon conviction of such felony, be permanently
3053 disqualified from operating a commercial motor vehicle.
3054 Notwithstanding subsections (3), (4), and (5), any holder of a
3055 commercial driver driver’s license or commercial learner’s
3056 permit who uses a noncommercial motor vehicle in the commission
3057 of any felony involving the manufacture, distribution, or
3058 dispensing of a controlled substance, including possession with
3059 intent to manufacture, distribute, or dispense a controlled
3060 substance, shall, upon conviction of such felony, be permanently
3061 disqualified from operating a commercial motor vehicle. The
3062 penalty provided in this subsection is in addition to any other
3063 applicable penalty.
3064 (7) A person whose privilege to operate a commercial motor
3065 vehicle is disqualified under this section may, if otherwise
3066 qualified, be issued a Class E driver driver’s license, pursuant
3067 to s. 322.251.
3068 (8) A driver who is convicted of or otherwise found to have
3069 committed a violation of an out-of-service order while driving a
3070 commercial motor vehicle is disqualified as follows:
3071 (a) At least Not less than 180 days but not nor more than 1
3072 year if the driver is convicted of or otherwise found to have
3073 committed a first violation of an out-of-service order.
3074 (b) At least Not less than 2 years but not nor more than 5
3075 years if, for offenses occurring during any 10-year period, the
3076 driver is convicted of or otherwise found to have committed two
3077 violations of out-of-service orders in separate incidents.
3078 (c) At least Not less than 3 years but not nor more than 5
3079 years if, for offenses occurring during any 10-year period, the
3080 driver is convicted of or otherwise found to have committed
3081 three or more violations of out-of-service orders in separate
3082 incidents.
3083 (d) At least Not less than 180 days but not nor more than 2
3084 years if the driver is convicted of or otherwise found to have
3085 committed a first violation of an out-of-service order while
3086 transporting hazardous materials required to be placarded under
3087 the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101
3088 et seq., or while operating motor vehicles designed to transport
3089 more than 15 passengers, including the driver. A driver is
3090 disqualified for a period of at least not less than 3 years but
3091 not nor more than 5 years if, for offenses occurring during any
3092 10-year period, the driver is convicted of or otherwise found to
3093 have committed any subsequent violations of out-of-service
3094 orders, in separate incidents, while transporting hazardous
3095 materials required to be placarded under the Hazardous Materials
3096 Transportation Act, 49 U.S.C. ss. 5101 et seq., or while
3097 operating motor vehicles designed to transport more than 15
3098 passengers, including the driver.
3099 (9) A driver who is convicted of or otherwise found to have
3100 committed an offense of operating a commercial motor vehicle in
3101 violation of federal, state, or local law or regulation
3102 pertaining to one of the following six offenses at a railroad
3103 highway grade crossing must be disqualified for the period of
3104 time specified in subsection (10):
3105 (a) For drivers who are not always required to stop,
3106 failing to slow down and check that the tracks are clear of
3107 approaching trains.
3108 (b) For drivers who are not always required to stop,
3109 failing to stop before reaching the crossing if the tracks are
3110 not clear.
3111 (c) For drivers who are always required to stop, failing to
3112 stop before driving onto the crossing.
3113 (d) For all drivers, failing to have sufficient space to
3114 drive completely through the crossing without stopping.
3115 (e) For all drivers, failing to obey a traffic control
3116 device or all directions of an enforcement official at the
3117 crossing.
3118 (f) For all drivers, failing to negotiate a crossing
3119 because of insufficient undercarriage clearance.
3120 (10)(a) A driver must be disqualified for at least not less
3121 than 60 days if the driver is convicted of or otherwise found to
3122 have committed a first violation of a railroad-highway grade
3123 crossing violation.
3124 (b) A driver must be disqualified for at least not less
3125 than 120 days if, for offenses occurring during any 3-year
3126 period, the driver is convicted of or otherwise found to have
3127 committed a second railroad-highway grade crossing violation in
3128 separate incidents.
3129 (c) A driver must be disqualified for at least not less
3130 than 1 year if, for offenses occurring during any 3-year period,
3131 the driver is convicted of or otherwise found to have committed
3132 a third or subsequent railroad-highway grade crossing violation
3133 in separate incidents.
3134 Section 42. Paragraph (a) of subsection (1) of section
3135 324.0221, Florida Statutes, is amended to read:
3136 324.0221 Reports by insurers to the department; suspension
3137 of driver driver’s license and vehicle registrations;
3138 reinstatement.—
3139 (1)(a) Each insurer that has issued a policy providing
3140 personal injury protection coverage or property damage liability
3141 coverage shall report the renewal, cancellation, or nonrenewal
3142 thereof to the department within 10 45 days after the processing
3143 effective date of each renewal, cancellation, or nonrenewal.
3144 Upon the issuance of a policy providing personal injury
3145 protection coverage or property damage liability coverage to a
3146 named insured not previously insured by the insurer during that
3147 calendar year, the insurer shall report the issuance of the new
3148 policy to the department within 10 30 days. The report shall be
3149 in the form and format and contain any information required by
3150 the department and must be provided in a format that is
3151 compatible with the data processing capabilities of the
3152 department. The department may adopt rules regarding the form
3153 and documentation required. Failure by an insurer to file proper
3154 reports with the department as required by this subsection or
3155 rules adopted with respect to the requirements of this
3156 subsection constitutes a violation of the Florida Insurance
3157 Code. These records shall be used by the department only for
3158 enforcement and regulatory purposes, including the generation by
3159 the department of data regarding compliance by owners of motor
3160 vehicles with the requirements for financial responsibility
3161 coverage.
3162 Section 43. Section 324.031, Florida Statutes, is amended
3163 to read:
3164 324.031 Manner of proving financial responsibility.—The
3165 owner or operator of a taxicab, limousine, jitney, or any other
3166 for-hire passenger transportation vehicle may prove financial
3167 responsibility by providing satisfactory evidence of holding a
3168 motor vehicle liability policy as defined in s. 324.021(8) or s.
3169 324.151, which policy is issued by an insurance carrier which is
3170 a member of the Florida Insurance Guaranty Association. The
3171 operator or owner of any other vehicle may prove his or her
3172 financial responsibility by:
3173 (1) Furnishing satisfactory evidence of holding a motor
3174 vehicle liability policy as defined in ss. 324.021(8) and
3175 324.151;
3176 (2) Posting with the department a satisfactory bond of a
3177 surety company authorized to do business in this state,
3178 conditioned for payment of the amount specified in s.
3179 324.021(7);
3180 (2)(3) Furnishing a certificate of self-insurance the
3181 department showing a deposit of cash or securities in accordance
3182 with s. 324.161; or
3183 (3)(4) Furnishing a certificate of self-insurance issued by
3184 the department in accordance with s. 324.171.
3185
3186 Any person, including any firm, partnership, association,
3187 corporation, or other person, other than a natural person,
3188 electing to use the method of proof specified in subsection (2)
3189 or subsection (3) shall furnish a certificate of post a bond or
3190 deposit equal to the number of vehicles owned times $30,000, to
3191 a maximum of $120,000; in addition, any such person, other than
3192 a natural person, shall maintain insurance providing coverage in
3193 excess of limits of $10,000/20,000/10,000 or $30,000 combined
3194 single limits, and such excess insurance shall provide minimum
3195 limits of $125,000/250,000/50,000 or $300,000 combined single
3196 limits. These increased limits shall not affect the requirements
3197 for proving financial responsibility under s. 324.032(1).
3198 Section 44. Subsection (1) of section 324.091, Florida
3199 Statutes, is amended to read:
3200 324.091 Notice to department; notice to insurer.—
3201 (1) Each owner and operator involved in a crash or
3202 conviction case within the purview of this chapter shall furnish
3203 evidence of automobile liability insurance or, motor vehicle
3204 liability insurance, or a surety bond within 14 days after the
3205 date of the mailing of notice of crash by the department in the
3206 form and manner as it may designate. Upon receipt of evidence
3207 that an automobile liability policy or, motor vehicle liability
3208 policy, or surety bond was in effect at the time of the crash or
3209 conviction case, the department shall forward by United States
3210 mail, postage prepaid, to the insurer or surety insurer a copy
3211 of such information for verification in a method as determined
3212 by the department. and shall assume that the policy or bond was
3213 in effect, unless The insurer shall respond to or surety insurer
3214 notifies the department otherwise within 20 days after the
3215 mailing of the notice whether or not such information is valid
3216 to the insurer or surety insurer. However, If the department
3217 later determines that an automobile liability policy or, motor
3218 vehicle liability policy, or surety bond was not in effect and
3219 did not provide coverage for both the owner and the operator, it
3220 shall take action as it is otherwise authorized to do under this
3221 chapter. Proof of mailing to the insurer or surety insurer may
3222 be made by the department by naming the insurer or surety
3223 insurer to whom the mailing was made and by specifying the time,
3224 place, and manner of mailing.
3225 Section 45. Section 324.161, Florida Statutes, is amended
3226 to read:
3227 324.161 Proof of financial responsibility; surety bond or
3228 deposit.—Annually, before any certificate of insurance may be
3229 issued to a person, including any firm, partnership,
3230 association, corporation, or other person, other than a natural
3231 person, proof of a certificate of deposit of $30,000 issued and
3232 held by a financial institution must be submitted to the
3233 department. A power of attorney will be issued to and held by
3234 the department and may be executed upon The certificate of the
3235 department of a deposit may be obtained by depositing with it
3236 $30,000 cash or securities such as may be legally purchased by
3237 savings banks or for trust funds, of a market value of $30,000
3238 and which deposit shall be held by the department to satisfy, in
3239 accordance with the provisions of this chapter, any execution on
3240 a judgment issued against such person making the deposit, for
3241 damages because of bodily injury to or death of any person or
3242 for damages because of injury to or destruction of property
3243 resulting from the use or operation of any motor vehicle
3244 occurring after such deposit was made. Money or securities so
3245 deposited shall not be subject to attachment or execution unless
3246 such attachment or execution shall arise out of a suit for
3247 damages as aforesaid.
3248 Section 46. Paragraph (a) of subsection (1) of section
3249 328.01, Florida Statutes, is amended to read:
3250 328.01 Application for certificate of title.—
3251 (1)(a) The owner of a vessel which is required to be titled
3252 shall apply to the county tax collector for a certificate of
3253 title. The application shall include the true name of the owner,
3254 the residence or business address of the owner, and the complete
3255 description of the vessel, including the hull identification
3256 number, except that an application for a certificate of title
3257 for a homemade vessel shall state all the foregoing information
3258 except the hull identification number. The application shall be
3259 signed by the owner and shall be accompanied by personal or
3260 business identification and the prescribed fee. An individual
3261 applicant must provide a valid driver license or identification
3262 card issued by this state or another state or a valid passport.
3263 A business applicant must provide a federal employer
3264 identification number, if applicable, verification that the
3265 business is authorized to conduct business in the state, or a
3266 Florida city or county business license or number, which may
3267 include, but need not be limited to, a driver’s license number,
3268 Florida identification card number, or federal employer
3269 identification number, and the prescribed fee.
3270 Section 47. Paragraph (a) of subsection (1) of section
3271 328.48, Florida Statutes, is amended to read:
3272 328.48 Vessel registration, application, certificate,
3273 number, decal, duplicate certificate.—
3274 (1)(a) The owner of each vessel required by this law to pay
3275 a registration fee and secure an identification number shall
3276 file an application with the county tax collector. The
3277 application shall provide the owner’s name and address;
3278 residency status; personal or business identification, which may
3279 include, but need not be limited to, a driver’s license number,
3280 Florida identification card number, or federal employer
3281 identification number; and a complete description of the vessel,
3282 and shall be accompanied by payment of the applicable fee
3283 required in s. 328.72. An individual applicant must provide a
3284 valid driver license or identification card issued by this state
3285 or another state or a valid passport. A business applicant must
3286 provide a federal employer identification number, if applicable,
3287 verification that the business is authorized to conduct business
3288 in the state, or a Florida city or county business license or
3289 number. Registration is not required for any vessel that is not
3290 used on the waters of this state.
3291 Section 48. Subsection (1) of section 328.76, Florida
3292 Statutes, is amended to read:
3293 328.76 Marine Resources Conservation Trust Fund; vessel
3294 registration funds; appropriation and distribution.—
3295 (1) Except as otherwise specified in this subsection and
3296 less the amount equal to $1.4 million for any administrative
3297 costs which shall be deposited in the Highway Safety Operating
3298 Trust Fund, in each fiscal year beginning on or after July 1,
3299 2001, all funds collected from the registration of vessels
3300 through the Department of Highway Safety and Motor Vehicles and
3301 the tax collectors of the state, except for those funds
3302 designated as the county portion pursuant to s. 328.72(1), shall
3303 be deposited in the Marine Resources Conservation Trust Fund for
3304 recreational channel marking; public launching facilities; law
3305 enforcement and quality control programs; aquatic weed control;
3306 manatee protection, recovery, rescue, rehabilitation, and
3307 release; and marine mammal protection and recovery. The funds
3308 collected pursuant to s. 328.72(1) shall be transferred as
3309 follows:
3310 (a) In each fiscal year, an amount equal to $1.50 for each
3311 commercial and recreational vessel registered in this state
3312 shall be transferred by the Department of Highway Safety and
3313 Motor Vehicles to the Save the Manatee Trust Fund and shall be
3314 used only for the purposes specified in s. 379.2431(4).
3315 (b) An amount equal to $2 from each recreational vessel
3316 registration fee, except that for class A-1 vessels, shall be
3317 transferred by the Department of Highway Safety and Motor
3318 Vehicles to the Invasive Plant Control Trust Fund in the Fish
3319 and Wildlife Conservation Commission for aquatic weed research
3320 and control.
3321 (c) An amount equal to 40 percent of the registration fees
3322 from commercial vessels shall be transferred by the Department
3323 of Highway Safety and Motor Vehicles to the Invasive Plant
3324 Control Trust Fund in the Fish and Wildlife Conservation
3325 Commission for aquatic plant research and control.
3326 (d) An amount equal to 40 percent of the registration fees
3327 from commercial vessels shall be transferred by the Department
3328 of Highway Safety and Motor Vehicles, on a monthly basis, to the
3329 General Inspection Trust Fund of the Department of Agriculture
3330 and Consumer Services. These funds shall be used for shellfish
3331 and aquaculture law enforcement and quality control programs.
3332 Section 49. Paragraph (aa) of subsection (7) of section
3333 212.08, Florida Statutes, is amended to read:
3334 212.08 Sales, rental, use, consumption, distribution, and
3335 storage tax; specified exemptions.—The sale at retail, the
3336 rental, the use, the consumption, the distribution, and the
3337 storage to be used or consumed in this state of the following
3338 are hereby specifically exempt from the tax imposed by this
3339 chapter.
3340 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
3341 entity by this chapter do not inure to any transaction that is
3342 otherwise taxable under this chapter when payment is made by a
3343 representative or employee of the entity by any means,
3344 including, but not limited to, cash, check, or credit card, even
3345 when that representative or employee is subsequently reimbursed
3346 by the entity. In addition, exemptions provided to any entity by
3347 this subsection do not inure to any transaction that is
3348 otherwise taxable under this chapter unless the entity has
3349 obtained a sales tax exemption certificate from the department
3350 or the entity obtains or provides other documentation as
3351 required by the department. Eligible purchases or leases made
3352 with such a certificate must be in strict compliance with this
3353 subsection and departmental rules, and any person who makes an
3354 exempt purchase with a certificate that is not in strict
3355 compliance with this subsection and the rules is liable for and
3356 shall pay the tax. The department may adopt rules to administer
3357 this subsection.
3358 (aa) Certain commercial vehicles.—Also exempt is the sale,
3359 lease, or rental of a commercial motor vehicle as defined in s.
3360 207.002 207.002(2), when the following conditions are met:
3361 1. The sale, lease, or rental occurs between two commonly
3362 owned and controlled corporations;
3363 2. Such vehicle was titled and registered in this state at
3364 the time of the sale, lease, or rental; and
3365 3. Florida sales tax was paid on the acquisition of such
3366 vehicle by the seller, lessor, or renter.
3367 Section 50. Subsection (8) of section 261.03, Florida
3368 Statutes, is amended to read:
3369 261.03 Definitions.—As used in this chapter, the term:
3370 (8) “ROV” means any motorized recreational off-highway
3371 vehicle 64 inches or less in width, having a dry weight of 2,000
3372 pounds or less, designed to travel on four or more nonhighway
3373 tires, having nonstraddle seating and a steering wheel, and
3374 manufactured for recreational use by one or more persons. The
3375 term “ROV” does not include a golf cart as defined in ss. 320.01
3376 320.01(22) and 316.003(68) or a low-speed vehicle as defined in
3377 s. 320.01 320.01(42).
3378 Section 51. Section 316.2122, Florida Statutes, is amended
3379 to read:
3380 316.2122 Operation of a low-speed vehicle or mini truck on
3381 certain roadways.—The operation of a low-speed vehicle as
3382 defined in s. 320.01 320.01(42) or a mini truck as defined in s.
3383 320.01 320.01(45) on any road is authorized with the following
3384 restrictions:
3385 (1) A low-speed vehicle or mini truck may be operated only
3386 on streets where the posted speed limit is 35 miles per hour or
3387 less. This does not prohibit a low-speed vehicle or mini truck
3388 from crossing a road or street at an intersection where the road
3389 or street has a posted speed limit of more than 35 miles per
3390 hour.
3391 (2) A low-speed vehicle must be equipped with headlamps,
3392 stop lamps, turn signal lamps, taillamps, reflex reflectors,
3393 parking brakes, rearview mirrors, windshields, seat belts, and
3394 vehicle identification numbers.
3395 (3) A low-speed vehicle or mini truck must be registered
3396 and insured in accordance with s. 320.02 and titled pursuant to
3397 chapter 319.
3398 (4) Any person operating a low-speed vehicle or mini truck
3399 must have in his or her possession a valid driver driver’s
3400 license.
3401 (5) A county or municipality may prohibit the operation of
3402 low-speed vehicles or mini trucks on any road under its
3403 jurisdiction if the governing body of the county or municipality
3404 determines that such prohibition is necessary in the interest of
3405 safety.
3406 (6) The Department of Transportation may prohibit the
3407 operation of low-speed vehicles or mini trucks on any road under
3408 its jurisdiction if it determines that such prohibition is
3409 necessary in the interest of safety.
3410 Section 52. Section 316.2124, Florida Statutes, is amended
3411 to read:
3412 316.2124 Motorized disability access vehicles.—The
3413 Department of Highway Safety and Motor Vehicles is directed to
3414 provide, by rule, for the regulation of motorized disability
3415 access vehicles as described in s. 320.01 320.01(34). The
3416 department shall provide that motorized disability access
3417 vehicles shall be registered in the same manner as motorcycles
3418 and shall pay the same registration fee as for a motorcycle.
3419 There shall also be assessed, in addition to the registration
3420 fee, a $2.50 surcharge for motorized disability access vehicles.
3421 This surcharge shall be paid into the Highway Safety Operating
3422 Trust Fund. Motorized disability access vehicles shall not be
3423 required to be titled by the department. The department shall
3424 require motorized disability access vehicles to be subject to
3425 the same safety requirements as set forth in this chapter for
3426 motorcycles.
3427 Section 53. Subsection (1) of section 316.21265, Florida
3428 Statutes, is amended to read:
3429 316.21265 Use of all-terrain vehicles, golf carts, low
3430 speed vehicles, or utility vehicles by law enforcement
3431 agencies.—
3432 (1) Notwithstanding any provision of law to the contrary,
3433 any law enforcement agency in this state may operate all-terrain
3434 vehicles as defined in s. 316.2074, golf carts as defined in s.
3435 320.01 320.01(22), low-speed vehicles as defined in s. 320.01
3436 320.01(42), or utility vehicles as defined in s. 320.01
3437 320.01(43) on any street, road, or highway in this state while
3438 carrying out its official duties.
3439 Section 54. Subsection (1) of section 316.3026, Florida
3440 Statutes, is amended to read:
3441 316.3026 Unlawful operation of motor carriers.—
3442 (1) The Office of Commercial Vehicle Enforcement may issue
3443 out-of-service orders to motor carriers, as defined in s. 320.01
3444 320.01(33), who, after proper notice, have failed to pay any
3445 penalty or fine assessed by the department, or its agent,
3446 against any owner or motor carrier for violations of state law,
3447 refused to submit to a compliance review and provide records
3448 pursuant to s. 316.302(5) or s. 316.70, or violated safety
3449 regulations pursuant to s. 316.302 or insurance requirements in
3450 s. 627.7415. Such out-of-service orders have the effect of
3451 prohibiting the operations of any motor vehicles owned, leased,
3452 or otherwise operated by the motor carrier upon the roadways of
3453 this state, until the violations have been corrected or
3454 penalties have been paid. Out-of-service orders must be approved
3455 by the director of the Division of the Florida Highway Patrol or
3456 his or her designee. An administrative hearing pursuant to s.
3457 120.569 shall be afforded to motor carriers subject to such
3458 orders.
3459 Section 55. Paragraph (a) of subsection (5) and subsection
3460 (10) of section 316.550, Florida Statutes, are amended to read:
3461 316.550 Operations not in conformity with law; special
3462 permits.—
3463 (5)(a) The Department of Transportation may issue a wrecker
3464 special blanket permit to authorize a wrecker as defined in s.
3465 320.01 320.01(40) to tow a disabled motor vehicle as defined in
3466 s. 320.01 320.01(38) where the combination of the wrecker and
3467 the disabled vehicle being towed exceeds the maximum weight
3468 limits as established by s. 316.535.
3469 (10) Whenever any motor vehicle, or the combination of a
3470 wrecker as defined in s. 320.01 320.01(40) and a towed motor
3471 vehicle, exceeds any weight or dimensional criteria or special
3472 operational or safety stipulation contained in a special permit
3473 issued under the provisions of this section, the penalty
3474 assessed to the owner or operator shall be as follows:
3475 (a) For violation of weight criteria contained in a special
3476 permit, the penalty per pound or portion thereof exceeding the
3477 permitted weight shall be as provided in s. 316.545.
3478 (b) For each violation of dimensional criteria in a special
3479 permit, the penalty shall be as provided in s. 316.516 and
3480 penalties for multiple violations of dimensional criteria shall
3481 be cumulative except that the total penalty for the vehicle
3482 shall not exceed $1,000.
3483 (c) For each violation of an operational or safety
3484 stipulation in a special permit, the penalty shall be an amount
3485 not to exceed $1,000 per violation and penalties for multiple
3486 violations of operational or safety stipulations shall be
3487 cumulative except that the total penalty for the vehicle shall
3488 not exceed $1,000.
3489 (d) For violation of any special condition that has been
3490 prescribed in the rules of the Department of Transportation and
3491 declared on the permit, the vehicle shall be determined to be
3492 out of conformance with the permit and the permit shall be
3493 declared null and void for the vehicle, and weight and
3494 dimensional limits for the vehicle shall be as established in s.
3495 316.515 or s. 316.535, whichever is applicable, and:
3496 1. For weight violations, a penalty as provided in s.
3497 316.545 shall be assessed for those weights which exceed the
3498 limits thus established for the vehicle; and
3499 2. For dimensional, operational, or safety violations, a
3500 penalty as established in paragraph (c) or s. 316.516, whichever
3501 is applicable, shall be assessed for each nonconforming
3502 dimensional, operational, or safety violation and the penalties
3503 for multiple violations shall be cumulative for the vehicle.
3504 Section 56. Subsection (9) of section 317.0003, Florida
3505 Statutes, is amended to read:
3506 317.0003 Definitions.—As used in this chapter, the term:
3507 (9) “ROV” means any motorized recreational off-highway
3508 vehicle 64 inches or less in width, having a dry weight of 2,000
3509 pounds or less, designed to travel on four or more nonhighway
3510 tires, having nonstraddle seating and a steering wheel, and
3511 manufactured for recreational use by one or more persons. The
3512 term “ROV” does not include a golf cart as defined in ss. 320.01
3513 320.01(22) and 316.003(68) or a low-speed vehicle as defined in
3514 s. 320.01 320.01(42).
3515 Section 57. Paragraph (d) of subsection (5) of section
3516 320.08, Florida Statutes, is amended to read:
3517 320.08 License taxes.—Except as otherwise provided herein,
3518 there are hereby levied and imposed annual license taxes for the
3519 operation of motor vehicles, mopeds, motorized bicycles as
3520 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
3521 and mobile homes, as defined in s. 320.01, which shall be paid
3522 to and collected by the department or its agent upon the
3523 registration or renewal of registration of the following:
3524 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
3525 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
3526 (d) A wrecker, as defined in s. 320.01 320.01(40), which is
3527 used to tow a vessel as defined in s. 327.02(39), a disabled,
3528 abandoned, stolen-recovered, or impounded motor vehicle as
3529 defined in s. 320.01 320.01(38), or a replacement motor vehicle
3530 as defined in s. 320.01 320.01(39): $41 flat, of which $11 shall
3531 be deposited into the General Revenue Fund.
3532 Section 58. Subsection (1) of section 320.0847, Florida
3533 Statutes, is amended to read:
3534 320.0847 Mini truck and low-speed vehicle license plates.—
3535 (1) The department shall issue a license plate to the owner
3536 or lessee of any vehicle registered as a low-speed vehicle as
3537 defined in s. 320.01 320.01(42) or a mini truck as defined in s.
3538 320.01 320.01(45) upon payment of the appropriate license taxes
3539 and fees prescribed in s. 320.08.
3540 Section 59. Subsections (4) and (5) of section 322.271,
3541 Florida Statutes, are amended to read:
3542 322.271 Authority to modify revocation, cancellation, or
3543 suspension order.—
3544 (4) Notwithstanding the provisions of s. 322.28(2)(d)
3545 322.28(2)(e), a person whose driving privilege has been
3546 permanently revoked because he or she has been convicted of DUI
3547 manslaughter in violation of s. 316.193 and has no prior
3548 convictions for DUI-related offenses may, upon the expiration of
3549 5 years after the date of such revocation or the expiration of 5
3550 years after the termination of any term of incarceration under
3551 s. 316.193 or former s. 316.1931, whichever date is later,
3552 petition the department for reinstatement of his or her driving
3553 privilege.
3554 (a) Within 30 days after the receipt of such a petition,
3555 the department shall afford the petitioner an opportunity for a
3556 hearing. At the hearing, the petitioner must demonstrate to the
3557 department that he or she:
3558 1. Has not been arrested for a drug-related offense during
3559 the 5 years preceding the filing of the petition;
3560 2. Has not driven a motor vehicle without a license for at
3561 least 5 years prior to the hearing;
3562 3. Has been drug-free for at least 5 years prior to the
3563 hearing; and
3564 4. Has completed a DUI program licensed by the department.
3565 (b) At such hearing, the department shall determine the
3566 petitioner’s qualification, fitness, and need to drive. Upon
3567 such determination, the department may, in its discretion,
3568 reinstate the driver driver’s license of the petitioner. Such
3569 reinstatement must be made subject to the following
3570 qualifications:
3571 1. The license must be restricted for employment purposes
3572 for at least not less than 1 year; and
3573 2. Such person must be supervised by a DUI program licensed
3574 by the department and report to the program for such supervision
3575 and education at least four times a year or additionally as
3576 required by the program for the remainder of the revocation
3577 period. Such supervision shall include evaluation, education,
3578 referral into treatment, and other activities required by the
3579 department.
3580 (c) Such person must assume the reasonable costs of
3581 supervision. If such person fails to comply with the required
3582 supervision, the program shall report the failure to the
3583 department, and the department shall cancel such person’s
3584 driving privilege.
3585 (d) If, after reinstatement, such person is convicted of an
3586 offense for which mandatory revocation of his or her license is
3587 required, the department shall revoke his or her driving
3588 privilege.
3589 (e) The department shall adopt rules regulating the
3590 providing of services by DUI programs pursuant to this section.
3591 (5) Notwithstanding the provisions of s. 322.28(2)(d)
3592 322.28(2)(e), a person whose driving privilege has been
3593 permanently revoked because he or she has been convicted four or
3594 more times of violating s. 316.193 or former s. 316.1931 may,
3595 upon the expiration of 5 years after the date of the last
3596 conviction or the expiration of 5 years after the termination of
3597 any incarceration under s. 316.193 or former s. 316.1931,
3598 whichever is later, petition the department for reinstatement of
3599 his or her driving privilege.
3600 (a) Within 30 days after receipt of a petition, the
3601 department shall provide for a hearing, at which the petitioner
3602 must demonstrate that he or she:
3603 1. Has not been arrested for a drug-related offense for at
3604 least 5 years prior to filing the petition;
3605 2. Has not driven a motor vehicle without a license for at
3606 least 5 years prior to the hearing;
3607 3. Has been drug-free for at least 5 years prior to the
3608 hearing; and
3609 4. Has completed a DUI program licensed by the department.
3610 (b) At the hearing, the department shall determine the
3611 petitioner’s qualification, fitness, and need to drive, and may,
3612 after such determination, reinstate the petitioner’s driver
3613 driver’s license. The reinstatement shall be subject to the
3614 following qualifications:
3615 1. The petitioner’s license must be restricted for
3616 employment purposes for at least not less than 1 year; and
3617 2. The petitioner must be supervised by a DUI program
3618 licensed by the department and must report to the program for
3619 supervision and education at least four times a year or more, as
3620 required by the program, for the remainder of the revocation
3621 period. The supervision shall include evaluation, education,
3622 referral into treatment, and other activities required by the
3623 department.
3624 (c) The petitioner must assume the reasonable costs of
3625 supervision. If the petitioner does not comply with the required
3626 supervision, the program shall report the failure to the
3627 department, and the department shall cancel such person’s
3628 driving privilege.
3629 (d) If, after reinstatement, the petitioner is convicted of
3630 an offense for which mandatory license revocation is required,
3631 the department shall revoke his or her driving privilege.
3632 (e) The department shall adopt rules regulating the
3633 services provided by DUI programs pursuant to this section.
3634 Section 60. Section 322.282, Florida Statutes, is amended
3635 to read:
3636 322.282 Procedure when court revokes or suspends license or
3637 driving privilege and orders reinstatement.—When a court
3638 suspends or revokes a person’s license or driving privilege and,
3639 in its discretion, orders reinstatement as provided by s.
3640 322.28(2)(d) or former s. 322.261(5):
3641 (1) The court shall pick up all revoked or suspended driver
3642 driver’s licenses from the person and immediately forward them
3643 to the department, together with a record of such conviction.
3644 The clerk of such court shall also maintain a list of all
3645 revocations or suspensions by the court.
3646 (2)(a) The court shall issue an order of reinstatement, on
3647 a form to be furnished by the department, which the person may
3648 take to any driver driver’s license examining office. The
3649 department shall issue a temporary driver driver’s permit to a
3650 licensee who presents the court’s order of reinstatement, proof
3651 of completion of a department-approved driver training or
3652 substance abuse education course, and a written request for a
3653 hearing under s. 322.271. The permit shall not be issued if a
3654 record check by the department shows that the person has
3655 previously been convicted for a violation of s. 316.193, former
3656 s. 316.1931, former s. 316.028, former s. 860.01, or a previous
3657 conviction outside this state for driving under the influence,
3658 driving while intoxicated, driving with an unlawful blood
3659 alcohol level, or any similar alcohol-related or drug-related
3660 traffic offense; that the person’s driving privilege has been
3661 previously suspended for refusal to submit to a lawful test of
3662 breath, blood, or urine; or that the person is otherwise not
3663 entitled to issuance of a driver driver’s license. This
3664 paragraph shall not be construed to prevent the reinstatement of
3665 a license or driving privilege that is presently suspended for
3666 driving with an unlawful blood-alcohol level or a refusal to
3667 submit to a breath, urine, or blood test and is also revoked for
3668 a conviction for a violation of s. 316.193 or former s.
3669 316.1931, if the suspension and revocation arise out of the same
3670 incident.
3671 (b) The temporary driver driver’s permit shall be
3672 restricted to either business or employment purposes described
3673 in s. 322.271, as determined by the department, and shall not be
3674 used for pleasure, recreational, or nonessential driving.
3675 (c) If the department determines at a later date from its
3676 records that the applicant has previously been convicted of an
3677 offense referred to in paragraph (a) which would render him or
3678 her ineligible for reinstatement, the department shall cancel
3679 the temporary driver driver’s permit and shall issue a
3680 revocation or suspension order for the minimum period
3681 applicable. A temporary permit issued pursuant to this section
3682 shall be valid for 45 days or until canceled as provided in this
3683 paragraph.
3684 (d) The period of time for which a temporary permit issued
3685 in accordance with paragraph (a) is valid shall be deemed to be
3686 part of the period of revocation imposed by the court.
3687 Section 61. Section 324.023, Florida Statutes, is amended
3688 to read:
3689 324.023 Financial responsibility for bodily injury or
3690 death.—In addition to any other financial responsibility
3691 required by law, every owner or operator of a motor vehicle that
3692 is required to be registered in this state, or that is located
3693 within this state, and who, regardless of adjudication of guilt,
3694 has been found guilty of or entered a plea of guilty or nolo
3695 contendere to a charge of driving under the influence under s.
3696 316.193 after October 1, 2007, shall, by one of the methods
3697 established in s. 324.031(1) or, (2), or (3), establish and
3698 maintain the ability to respond in damages for liability on
3699 account of accidents arising out of the use of a motor vehicle
3700 in the amount of $100,000 because of bodily injury to, or death
3701 of, one person in any one crash and, subject to such limits for
3702 one person, in the amount of $300,000 because of bodily injury
3703 to, or death of, two or more persons in any one crash and in the
3704 amount of $50,000 because of property damage in any one crash.
3705 If the owner or operator chooses to establish and maintain such
3706 ability by posting a bond or furnishing a certificate of deposit
3707 pursuant to s. 324.031(2) or (3), such bond or certificate of
3708 deposit must be at least in an amount not less than $350,000.
3709 Such higher limits must be carried for a minimum period of 3
3710 years. If the owner or operator has not been convicted of
3711 driving under the influence or a felony traffic offense for a
3712 period of 3 years from the date of reinstatement of driving
3713 privileges for a violation of s. 316.193, the owner or operator
3714 shall be exempt from this section.
3715 Section 62. Paragraph (c) of subsection (1) of section
3716 324.171, Florida Statutes, is amended to read:
3717 324.171 Self-insurer.—
3718 (1) Any person may qualify as a self-insurer by obtaining a
3719 certificate of self-insurance from the department which may, in
3720 its discretion and upon application of such a person, issue said
3721 certificate of self-insurance when such person has satisfied the
3722 requirements of this section to qualify as a self-insurer under
3723 this section:
3724 (c) The owner of a commercial motor vehicle, as defined in
3725 s. 207.002 207.002(2) or s. 320.01, may qualify as a self
3726 insurer subject to the standards provided for in subparagraph
3727 (b)2.
3728 Section 63. Section 324.191, Florida Statutes, is amended
3729 to read:
3730 324.191 Consent to cancellation; direction to return money
3731 or securities.—The department shall consent to the cancellation
3732 of any bond or certificate of insurance furnished as proof of
3733 financial responsibility pursuant to s. 324.031, or the
3734 department shall return to the person entitled thereto cash or
3735 securities deposited as proof of financial responsibility
3736 pursuant to s. 324.031:
3737 (1) Upon substitution and acceptance of other adequate
3738 proof of financial responsibility pursuant to this chapter, or
3739 (2) In the event of the death of the person on whose behalf
3740 the proof was filed, or the permanent incapacity of such person
3741 to operate a motor vehicle, or
3742 (3) In the event the person who has given proof of
3743 financial responsibility surrenders his or her license and all
3744 registrations to the department; providing, however, that no
3745 notice of court action has been filed with the department, a
3746 judgment in which would result in claim on such proof of
3747 financial responsibility.
3748
3749 This section shall not apply to security as specified in s.
3750 324.061 deposited pursuant to s. 324.051(2)(a)4.
3751 Section 64. Subsection (3) of section 627.733, Florida
3752 Statutes, is amended to read:
3753 627.733 Required security.—
3754 (3) Such security shall be provided:
3755 (a) By an insurance policy delivered or issued for delivery
3756 in this state by an authorized or eligible motor vehicle
3757 liability insurer which provides the benefits and exemptions
3758 contained in ss. 627.730-627.7405. Any policy of insurance
3759 represented or sold as providing the security required hereunder
3760 shall be deemed to provide insurance for the payment of the
3761 required benefits; or
3762 (b) By any other method authorized by s. 324.031(2) or,
3763 (3), or (4) and approved by the Department of Highway Safety and
3764 Motor Vehicles as affording security equivalent to that afforded
3765 by a policy of insurance or by self-insuring as authorized by s.
3766 768.28(16). The person filing such security shall have all of
3767 the obligations and rights of an insurer under ss. 627.730
3768 627.7405.
3769 Section 65. Section 627.7415, Florida Statutes, is amended
3770 to read:
3771 627.7415 Commercial motor vehicles; additional liability
3772 insurance coverage.—Commercial motor vehicles, as defined in s.
3773 207.002 207.002(2) or s. 320.01, operated upon the roads and
3774 highways of this state shall be insured with the following
3775 minimum levels of combined bodily liability insurance and
3776 property damage liability insurance in addition to any other
3777 insurance requirements:
3778 (1) Fifty thousand dollars per occurrence for a commercial
3779 motor vehicle with a gross vehicle weight of 26,000 pounds or
3780 more, but less than 35,000 pounds.
3781 (2) One hundred thousand dollars per occurrence for a
3782 commercial motor vehicle with a gross vehicle weight of 35,000
3783 pounds or more, but less than 44,000 pounds.
3784 (3) Three hundred thousand dollars per occurrence for a
3785 commercial motor vehicle with a gross vehicle weight of 44,000
3786 pounds or more.
3787 (4) All commercial motor vehicles subject to regulations of
3788 the United States Department of Transportation, Title 49 C.F.R.
3789 part 387, subpart A, and as may be hereinafter amended, shall be
3790 insured in an amount equivalent to the minimum levels of
3791 financial responsibility as set forth in such regulations.
3792
3793 A violation of this section is a noncriminal traffic infraction,
3794 punishable as a nonmoving violation as provided in chapter 318.
3795 Section 66. This act shall take effect July 1, 2013.