Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1272
       
       
       
       
       
       
                                Ì122518)Î122518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/01/2014 02:31 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.13016, Florida Statutes, is amended
    6  to read:
    7         61.13016 Suspension of driver driver’s licenses and motor
    8  vehicle registrations.—
    9         (1) The driver driver’s license and motor vehicle
   10  registration of a support obligor who is delinquent in payment
   11  or who has failed to comply with subpoenas or a similar order to
   12  appear or show cause relating to paternity or support
   13  proceedings may be suspended. When an obligor is 15 days
   14  delinquent making a payment in support or failure to comply with
   15  a subpoena, order to appear, order to show cause, or similar
   16  order in IV-D cases, the Title IV-D agency may provide notice to
   17  the obligor of the delinquency or failure to comply with a
   18  subpoena, order to appear, order to show cause, or similar order
   19  and the intent to suspend by regular United States mail that is
   20  posted to the obligor’s last address of record with the
   21  Department of Highway Safety and Motor Vehicles. When an obligor
   22  is 15 days delinquent in making a payment in support in non-IV-D
   23  cases, and upon the request of the obligee, the depository or
   24  the clerk of the court must provide notice to the obligor of the
   25  delinquency and the intent to suspend by regular United States
   26  mail that is posted to the obligor’s last address of record with
   27  the Department of Highway Safety and Motor Vehicles. In either
   28  case, the notice must state:
   29         (a) The terms of the order creating the support obligation;
   30         (b) The period of the delinquency and the total amount of
   31  the delinquency as of the date of the notice or describe the
   32  subpoena, order to appear, order to show cause, or other similar
   33  order that which has not been complied with;
   34         (c) That notification will be given to the Department of
   35  Highway Safety and Motor Vehicles to suspend the obligor’s
   36  driver driver’s license and motor vehicle registration unless,
   37  within 20 days after the date that the notice is mailed, the
   38  obligor:
   39         1.a. Pays the delinquency in full and any other costs and
   40  fees accrued between the date of the notice and the date the
   41  delinquency is paid;
   42         b. Enters into a written agreement for payment with the
   43  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   44  cases; or in IV-D cases, complies with a subpoena or order to
   45  appear, order to show cause, or a similar order; or
   46         c. Files a petition with the circuit court to contest the
   47  delinquency action; and
   48         d. Demonstrates that he or she receives reemployment
   49  assistance or unemployment compensation pursuant to chapter 443;
   50         e. Demonstrates that he or she is disabled and incapable of
   51  self-support or that he or she receives benefits under the
   52  federal Supplemental Security Income or Social Security
   53  Disability Insurance programs;
   54         f. Demonstrates that he or she receives temporary cash
   55  assistance pursuant to chapter 414; or
   56         g. Demonstrates that he or she is making payments in
   57  accordance with a confirmed bankruptcy plan under chapter 11,
   58  chapter 12, or chapter 13 of the United States Bankruptcy Code,
   59  11 U.S.C. ss. 101 et seq.; and
   60         2. Pays any applicable delinquency fees.
   61  
   62  If an the obligor in a non-IV-D case cases enters into a written
   63  agreement for payment before the expiration of the 20-day
   64  period, the obligor must provide a copy of the signed written
   65  agreement to the depository or the clerk of the court. If an
   66  obligor seeks to satisfy sub-subparagraph 1.d., sub-subparagraph
   67  1.e., sub-subparagraph 1.f., or sub-subparagraph 1.g. before
   68  expiration of the 20-day period, the obligor must provide the
   69  applicable documentation or proof to the depository or the clerk
   70  of the court.
   71         (2)(a) Upon petition filed by the obligor in the circuit
   72  court within 20 days after the mailing date of the notice, the
   73  court may, in its discretion, direct the department to issue a
   74  license for driving privilege privileges restricted to business
   75  purposes only, as defined by s. 322.271, if the person is
   76  otherwise qualified for such a license. As a condition for the
   77  court to exercise its discretion under this subsection, the
   78  obligor must agree to a schedule of payment on any child support
   79  arrearages and to maintain current child support obligations. If
   80  the obligor fails to comply with the schedule of payment, the
   81  court shall direct the Department of Highway Safety and Motor
   82  Vehicles to suspend the obligor’s driver driver’s license.
   83         (b) The obligor must serve a copy of the petition on the
   84  Title IV-D agency in IV-D cases or on the depository or the
   85  clerk of the court in non-IV-D cases. When an obligor timely
   86  files a petition to set aside a suspension, the court must hear
   87  the matter within 15 days after the petition is filed. The court
   88  must enter an order resolving the matter within 10 days after
   89  the hearing, and a copy of the order must be served on the
   90  parties. The timely filing of a petition under this subsection
   91  stays the intent to suspend until the entry of a court order
   92  resolving the matter.
   93         (3) If the obligor does not, within 20 days after the
   94  mailing date on the notice, pay the delinquency;, enter into a
   95  written payment agreement;, comply with the subpoena, order to
   96  appear, order to show cause, or other similar order;, or file a
   97  motion to contest; or satisfy sub-subparagraph (1)(c)1.d., sub
   98  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
   99  subparagraph (1)(c)1.g., the Title IV-D agency in IV-D cases, or
  100  the depository or clerk of the court in non-IV-D cases, may
  101  shall file the notice with the Department of Highway Safety and
  102  Motor Vehicles and request the suspension of the obligor’s
  103  driver driver’s license and motor vehicle registration in
  104  accordance with s. 322.058.
  105         (4) The obligor may, within 20 days after the mailing date
  106  on the notice of delinquency or noncompliance and intent to
  107  suspend, file in the circuit court a petition to contest the
  108  notice of delinquency or noncompliance and intent to suspend on
  109  the ground of mistake of fact regarding the existence of a
  110  delinquency or the identity of the obligor. The obligor must
  111  serve a copy of the petition on the Title IV-D agency in IV-D
  112  cases or depository or clerk of the court in non-IV-D cases.
  113  When an obligor timely files a petition to contest, the court
  114  must hear the matter within 15 days after the petition is filed.
  115  The court must enter an order resolving the matter within 10
  116  days after the hearing, and a copy of the order must be served
  117  on the parties. The timely filing of a petition to contest stays
  118  the notice of delinquency and intent to suspend until the entry
  119  of a court order resolving the matter.
  120         (5) The procedures prescribed in this section and s.
  121  322.058 may be used to enforce compliance with an order to
  122  appear for genetic testing.
  123         Section 2. Section 316.0778, Florida Statutes, is created
  124  to read:
  125         316.0778 Automated license plate recognition systems;
  126  records retention.—
  127         (1) As used in this section, the term “automated license
  128  plate recognition system” means a system of one or more mobile
  129  or fixed high-speed cameras combined with computer algorithms to
  130  convert images of license plates into computer-readable data.
  131         (2) In consultation with the Department of Law Enforcement,
  132  the Department of State shall establish a retention schedule for
  133  records containing images and data generated through the use of
  134  an automated license plate recognition system. The retention
  135  schedule must establish a maximum period that the records may be
  136  retained.
  137         Section 3. Section 316.0817, Florida Statutes, is created
  138  to read:
  139         316.0817 Loading and unloading of bus passengers.—
  140         (1) Notwithstanding any other law, a bus may not stop to
  141  load or unload passengers in a manner that impedes, blocks, or
  142  otherwise restricts the progression of traffic on the main
  143  traveled portion of a roadway if there is another reasonable
  144  means for the bus to stop parallel to the travel lane and safely
  145  load and unload passengers. As used in this section, the term
  146  “reasonable means” means sufficient unobstructed pavement or a
  147  designated turn lane that is sufficient in length to allow the
  148  safe loading and unloading of passengers parallel to the travel
  149  lane.
  150         (2) This section does not apply to a school bus.
  151         Section 4. Subsection (7) of section 316.1937, Florida
  152  Statutes, is amended to read:
  153         316.1937 Ignition interlock devices, requiring; unlawful
  154  acts.—
  155         (7) Notwithstanding the provisions of this section, if a
  156  person is required to operate a motor vehicle in the course and
  157  scope of his or her employment and if the vehicle is owned or
  158  leased by the employer, the person may operate that vehicle
  159  without installation of an approved ignition interlock device if
  160  the employer has been notified of such driving privilege
  161  restriction. and if Proof of that notification must be is with
  162  the vehicle. This employment exemption does not apply, however,
  163  if the business entity which owns the vehicle is owned or
  164  controlled by the person whose driving privilege has been
  165  restricted.
  166         Section 5. Section 316.1938, Florida Statutes, is amended
  167  to read:
  168         316.1938 Ignition interlock devices, certification; warning
  169  label.—
  170         (1) The department shall contract with a minimum of three
  171  providers that have been selected through a competitive
  172  procurement process pursuant to s. 287.057 needed to implement
  173  the ignition interlock requirements of this chapter and chapter
  174  322. Such contract shall be at no cost to the state. The
  175  contracts between the department and the selected providers of
  176  ignition interlock devices shall be for a term of 5 years. The
  177  department may adopt rules to implement the ignition interlock
  178  requirements of this chapter and chapter 322. Such rules may
  179  include, but are not limited to, medical waivers, specifications
  180  for such devices, and their approval, installation, removal,
  181  servicing, and monitoring The Department of Highway Safety and
  182  Motor Vehicles shall certify or cause to be certified the
  183  accuracy and precision of the breath-testing component of the
  184  ignition interlock devices as required by s. 316.1937, and shall
  185  publish a list of approved devices, together with rules
  186  governing the accuracy and precision of the breath-testing
  187  component of such devices as adopted by rule in compliance with
  188  s. 316.1937. The cost of certification shall be borne by the
  189  manufacturers of ignition interlock devices.
  190         (2) Ignition interlock devices required by this chapter and
  191  chapter 322 shall conform to specifications of the rules or
  192  contracts of the department No model of ignition interlock
  193  device shall be certified unless it meets the accuracy
  194  requirements specified by rule of the department.
  195         (3) The department shall design and adopt by rule a warning
  196  label which shall be affixed to each ignition interlock device
  197  upon installation. The label shall contain a warning that any
  198  person tampering, circumventing, or otherwise misusing the
  199  device is guilty of a violation of law and may be subject to
  200  civil liability.
  201         Section 6. Paragraph (d) is added to subsection (2) of
  202  section 316.1975, Florida Statutes, to read:
  203         316.1975 Unattended motor vehicle.—
  204         (2) This section does not apply to the operator of:
  205         (d) A vehicle that is started by remote control while the
  206  ignition, transmission, and doors are locked.
  207         Section 7. Paragraph (b) of subsection (3) of section
  208  316.2126, Florida Statutes, is amended to read:
  209         316.2126 Authorized use of golf carts, low-speed vehicles,
  210  and utility vehicles.—
  211         (3)
  212         (b) Seasonal delivery personnel may use the following
  213  vehicles solely for the purpose of delivering express envelopes
  214  and packages having a maximum size of 130 inches for the
  215  combined length and girth and weighing not more than 150 pounds
  216  from midnight October 15 until midnight January December 31 of
  217  each year:
  218         1. Low-speed vehicles and utility vehicles as defined in s.
  219  320.01 upon any public road within a residential area that has a
  220  posted speed limit of 35 miles per hour or less.
  221         2. Golf carts upon a public road within a residential area
  222  that has a posted speed limit of 30 miles per hour or less.
  223         3. Golf carts upon a public road within a residential area
  224  that has a posted speed limit of 30 to 35 miles per hour, unless
  225  a municipality having jurisdiction over the public road has
  226  enacted an ordinance restricting personnel from driving on such
  227  roads.
  228  
  229  Seasonal delivery personnel may pull a trailer from any of these
  230  vehicles.
  231         Section 8. Paragraph (d) of subsection (2) of section
  232  316.2952, Florida Statutes, is amended to read:
  233         316.2952 Windshields; requirements; restrictions.—
  234         (2) A person shall not operate any motor vehicle on any
  235  public highway, road, or street with any sign, sunscreening
  236  material, product, or covering attached to, or located in or
  237  upon, the windshield, except the following:
  238         (d) A global positioning system device or similar satellite
  239  receiver device that which uses the global positioning system
  240  operated pursuant to 10 U.S.C. s. 2281 to obtain for the purpose
  241  of obtaining navigation, to improve driver safety as a component
  242  of safety monitoring equipment capable of providing driver
  243  feedback, or to otherwise route routing information while the
  244  motor vehicle is being operated.
  245         Section 9. Subsections (1) and (3) of section 316.86,
  246  Florida Statutes, are amended to read:
  247         316.86 Operation of vehicles equipped with autonomous
  248  technology on roads for testing purposes; financial
  249  responsibility; exemption from liability for manufacturer when
  250  third party converts vehicle; report.—
  251         (1) Vehicles equipped with autonomous technology may be
  252  operated on roads in this state by employees, contractors, or
  253  other persons designated by manufacturers of autonomous
  254  technology, or by research organizations associated with
  255  accredited educational institutions, for the purpose of testing
  256  the technology. For testing purposes, a human operator must
  257  retain shall be present in the autonomous vehicle such that he
  258  or she has the ability to monitor the vehicle’s performance and
  259  intervene, if necessary, unless the vehicle is being tested or
  260  demonstrated on a closed course or any other autonomous vehicle
  261  testing roadway as designated by the Department of
  262  Transportation and the applicable local government or authority.
  263  Before Prior to the start of testing in this state, the entity
  264  performing the testing must submit to the Department of Highway
  265  Safety and Motor Vehicles an instrument of insurance, surety
  266  bond, or proof of self-insurance acceptable to the department in
  267  the amount of $5 million.
  268         (3) By February 12, 2014, the Department of Highway Safety
  269  and Motor Vehicles shall submit a report to the President of the
  270  Senate and the Speaker of the House of Representatives
  271  recommending additional legislative or regulatory action that
  272  may be required for the safe testing and operation of motor
  273  vehicles equipped with autonomous technology.
  274         Section 10. Paragraph (a) of subsection (1) of section
  275  318.15, Florida Statutes, is amended to read:
  276         318.15 Failure to comply with civil penalty or to appear;
  277  penalty.—
  278         (1)(a) If a person fails to comply with the civil penalties
  279  provided in s. 318.18 within the time period specified in s.
  280  318.14(4), fails to enter into or comply with the terms of a
  281  penalty payment plan with the clerk of the court in accordance
  282  with ss. 318.14 and 28.246, fails to attend driver improvement
  283  school, or fails to appear at a scheduled hearing, the clerk of
  284  the court shall notify the Department of Highway Safety and
  285  Motor Vehicles of such failure within 10 days after such
  286  failure. Upon receipt of such notice, the department shall
  287  immediately issue an order suspending the driver driver’s
  288  license and privilege to drive of such person effective 20 days
  289  after the date the order of suspension is mailed in accordance
  290  with s. 322.251(1), (2), and (6). Any such suspension of the
  291  driving privilege which has not been reinstated, including a
  292  similar suspension imposed outside Florida, shall remain on the
  293  records of the department for a period of 7 years from the date
  294  imposed and shall be removed from the records after the
  295  expiration of 7 years from the date it is imposed. The
  296  department may not accept the resubmission of such suspension.
  297         Section 11. Subsection (6) of section 318.18, Florida
  298  Statutes, is amended to read:
  299         318.18 Amount of penalties.—The penalties required for a
  300  noncriminal disposition pursuant to s. 318.14 or a criminal
  301  offense listed in s. 318.17 are as follows:
  302         (6) One hundred dollars or the fine amount designated by
  303  county ordinance, plus court costs for illegally parking, under
  304  s. 316.1955, in a parking space provided for people who have
  305  disabilities. However, this fine shall be waived if a person
  306  provides to the law enforcement agency or parking enforcement
  307  specialist or agency that issued the citation for such a
  308  violation proof that the person committing the violation has a
  309  valid parking permit or license plate issued pursuant to s.
  310  316.1958, s. 320.0842, s. 320.0843, s. 320.0845, or s. 320.0848
  311  or a signed affidavit that the owner of the disabled parking
  312  permit or license plate was present at the time the violation
  313  occurred, and that such a parking permit or license plate was
  314  valid at the time the violation occurred. The law enforcement
  315  officer or agency or the parking enforcement specialist or
  316  agency, upon determining that all required documentation has
  317  been submitted verifying that the required parking permit or
  318  license plate was valid at the time of the violation, must sign
  319  an affidavit of compliance. Upon provision of the affidavit of
  320  compliance and payment of a dismissal fee of up to $7.50 to the
  321  clerk of the circuit court, the clerk shall dismiss the
  322  citation. However, the clerk may designate a local governmental
  323  entity to receive the affidavit and dismissal fee, and the local
  324  governmental entity may keep the fee.
  325         Section 12. Subsection (17) of section 320.02, Florida
  326  Statutes, is amended to read:
  327         320.02 Registration required; application for registration;
  328  forms.—
  329         (17) If an any applicant’s name appears on a list of
  330  persons who may not be issued a license plate, revalidation
  331  sticker, or replacement license plate after a written notice to
  332  surrender a vehicle was submitted to the department by a lienor
  333  as provided in s. 320.1316, the department shall may withhold
  334  renewal of registration or replacement registration of the any
  335  motor vehicle identified in owned by the applicant at the time
  336  the notice was submitted by the lienor. The lienor must maintain
  337  proof that written notice to surrender the vehicle was sent to
  338  each registered owner pursuant to s. 320.1316(1). A revalidation
  339  sticker or replacement license plate may not be issued for the
  340  identified vehicle until the that person’s name no longer
  341  appears on the list, or until the person presents documentation
  342  from the lienor that the vehicle has been surrendered to the
  343  lienor, or a court orders the person’s name removed from the
  344  list as provided in s. 320.1316. The department may shall not
  345  withhold an initial registration in connection with an
  346  applicant’s purchase or lease of a motor vehicle solely because
  347  the applicant’s name is on the list created by s. 320.1316.
  348         Section 13. Paragraphs (uu) and (xxx) of subsection (4) and
  349  subsection (10) of section 320.08056, Florida Statutes, are
  350  amended to read:
  351         320.08056 Specialty license plates.—
  352         (4) The following license plate annual use fees shall be
  353  collected for the appropriate specialty license plates:
  354         (uu) Wildlife Foundation of Florida Sportsmen’s National
  355  Land Trust license plate, $25.
  356         (xxx) Protect Our Oceans Catch Me, Release Me license
  357  plate, $25.
  358         (10)(a) A specialty license plate annual use fee collected
  359  and distributed under this chapter, or any interest earned from
  360  those fees, may not be used for commercial or for-profit
  361  activities nor for general or administrative expenses, except as
  362  authorized by s. 320.08058 or to pay the cost of the audit or
  363  report required by s. 320.08062(1). The fees and any interest
  364  earned from the fees may be expended only for use in this state
  365  unless the annual use fee is derived from the sale of United
  366  States Armed Forces and veterans-related specialty license
  367  plates pursuant to paragraphs (4)(d), (bb), (ll), (lll), (uuu),
  368  and (bbbb) and s. 320.0891.
  369         (b) As used in this subsection, the term “administrative
  370  expenses” means those expenditures that are considered direct
  371  operating costs of the organization. Such costs include, but are
  372  not limited to, the following:
  373         1. Administrative salaries of employees and officers of the
  374  organization who do not or cannot prove, via detailed daily time
  375  sheets, that they actively participate in program activities.
  376         2. Bookkeeping and support services of the organization.
  377         3. Office supplies and equipment not directly used for the
  378  specified program.
  379         4. Travel time, per diem, mileage reimbursement, and
  380  lodging expenses not directly associated with a specified
  381  program purpose.
  382         5. Paper, printing, envelopes, and postage not directly
  383  associated with a specified program purpose.
  384         6. Miscellaneous expenses such as food, beverage,
  385  entertainment, and conventions.
  386         Section 14. Paragraphs (a) and (b) of subsection (47) and
  387  paragraph (a) of subsection (76) of section 320.08058, Florida
  388  Statutes, are amended to read:
  389         320.08058 Specialty license plates.—
  390         (47) WILDLIFE FOUNDATION OF FLORIDA SPORTSMEN’S NATIONAL
  391  LAND TRUST LICENSE PLATES.—
  392         (a) The department shall develop a Wildlife Foundation of
  393  Florida Sportsmen’s National Land Trust license plate as
  394  provided in this section. The word “Florida” must appear at the
  395  top of the plate, and the words “Wildlife Foundation of Florida
  396  Sportsmen’s National Land Trust” must appear at the bottom of
  397  the plate.
  398         (b) The annual revenues from the sales of the license plate
  399  shall be distributed to the Wildlife Foundation of Florida,
  400  Inc., a citizen support organization created pursuant to s.
  401  379.223 Sportsmen’s National Land Trust. Such annual revenues
  402  must be used by the trust in the following manner:
  403         1. Fifty percent may be retained until all startup costs
  404  for developing and establishing the plate have been recovered.
  405         1.2.Seventy-five Twenty-five percent must be used to fund
  406  programs and projects within the state that preserve open space
  407  and wildlife habitat, promote conservation, improve wildlife
  408  habitat, and establish open space for the perpetual use of the
  409  public.
  410         2.3. Twenty-five percent may be used for promotion,
  411  marketing, and administrative costs directly associated with
  412  operation of the foundation trust.
  413         (76) PROTECT OUR OCEANS CATCH ME, RELEASE ME LICENSE
  414  PLATES.—
  415         (a) The department shall develop a Protect Our Oceans Catch
  416  Me, Release Me license plate as provided in this section.
  417  Protect Our Oceans Catch Me, Release Me license plates must bear
  418  the colors and design approved by the department. The word
  419  “Florida” must appear at the top of the plate, and the words
  420  “Protect Our Oceans” “Catch Me, Release Me” must appear at the
  421  bottom of the plate.
  422         Section 15.  Section 320.08062, Florida Statutes, is
  423  amended to read:
  424         320.08062 Audits and attestations required; annual use fees
  425  of specialty license plates.—
  426         (1)(a) All organizations that receive annual use fee
  427  proceeds from the department are responsible for ensuring that
  428  proceeds are used in accordance with ss. 320.08056 and
  429  320.08058.
  430         (b) Any organization not subject to audit pursuant to s.
  431  215.97 shall annually attest, under penalties of perjury, that
  432  such proceeds were used in compliance with ss. 320.08056 and
  433  320.08058. The attestation shall be made annually in a form and
  434  format determined by the department.
  435         (c) Any organization subject to audit pursuant to s. 215.97
  436  shall submit an audit report in accordance with rules
  437  promulgated by the Auditor General. The annual attestation shall
  438  be submitted to the department for review within 9 months after
  439  the end of the organization’s fiscal year.
  440         (2)(a) Within 120 90 days after receiving an organization’s
  441  audit or attestation, the department shall determine which
  442  recipients of revenues from specialty license plate annual use
  443  fees have not complied with subsection (1). In determining
  444  compliance, the department may commission an independent
  445  actuarial consultant, or an independent certified public
  446  accountant, who has expertise in nonprofit and charitable
  447  organizations.
  448         (a) The department must discontinue the distribution of
  449  revenues to an organization that fails to submit the
  450  documentation required in subsection (1), but may resume
  451  distribution of the revenues upon receipt of the required
  452  documentation.
  453         (b) If the department or its designee determines that an
  454  organization has not complied or has failed to use the revenues
  455  in accordance with ss. 320.08056 and 320.08058, the department
  456  must discontinue the distribution of the revenues to the
  457  organization. The department must notify the organization of its
  458  findings and direct the organization to make the changes
  459  necessary in order to comply with this chapter. If the officers
  460  of the organization sign under penalties of perjury that they
  461  acknowledge the findings of the department and attest that they
  462  have taken corrective action and attest that the organization
  463  will submit to a follow-up review by the department, the
  464  department may resume the distribution of revenues until the
  465  department determines that the organization has complied.
  466         (c) If an organization fails to comply with the
  467  department’s directive requiring corrective actions as outlined
  468  in paragraph (b), the revenue distributions must be discontinued
  469  until completion of the next regular session of the Legislature.
  470  The department must notify the Legislature by the first day of
  471  the regular session of an organization whose revenues have been
  472  withheld pursuant to this paragraph. If the Legislature does not
  473  provide direction to the organization and the department
  474  regarding the status of the undistributed revenues, the
  475  department shall discontinue the plate, and undistributed
  476  revenues must within 12 months after the annual use fee proceeds
  477  are withheld by the department, the proceeds shall be
  478  immediately deposited into the Highway Safety Operating Trust
  479  Fund to offset department costs related to the issuance of
  480  specialty license plates.
  481         (b) In lieu of discontinuing revenue disbursement pursuant
  482  to this subsection, upon determining that a recipient has not
  483  complied or has failed to use the revenues in accordance with
  484  ss. 320.08056 and 320.08058, and with the approval of the
  485  Legislative Budget Commission, the department is authorized to
  486  redirect previously collected and future revenues to an
  487  organization that is able to perform the same or similar
  488  purposes as the original recipient.
  489         (3) The department or its designee has the authority to
  490  examine all records pertaining to the use of funds from the sale
  491  of specialty license plates.
  492         Section 16. Section 45 of chapter 2008-176, Laws of
  493  Florida, as amended by section 21 of chapter 2010-223, Laws of
  494  Florida, is amended to read:
  495         Section 45. Except for a specialty license plate proposal
  496  which has submitted a letter of intent to the Department of
  497  Highway Safety and Motor Vehicles before prior to May 2, 2008,
  498  and which has submitted a valid survey, marketing strategy, and
  499  application fee as required by s. 320.08053, Florida Statutes,
  500  before October 1, 2008 prior to the effective date of this act,
  501  or which was included in a bill filed during the 2008
  502  Legislative Session, the Department of Highway Safety and Motor
  503  Vehicles may not issue any new specialty license plates pursuant
  504  to ss. 320.08056 and 320.08058, Florida Statutes, between July
  505  1, 2008, and July 1, 2016 2011.
  506         Section 17. Subsection (1) of section 320.083, Florida
  507  Statutes, is amended to read:
  508         320.083 Amateur radio operators; special license plates;
  509  fees.—
  510         (1) A person who is the owner or lessee of an automobile or
  511  truck for private use, a truck weighing not more than 7,999
  512  pounds, or a recreational vehicle as specified in s.
  513  320.08(9)(c) or (d), which is not used for hire or commercial
  514  use; who is a resident of the state; and who holds a valid
  515  official amateur radio station license recognized issued by the
  516  Federal Communications Commission shall be issued a special
  517  license plate upon application, accompanied by proof of
  518  ownership of such radio station license, and payment of the
  519  following tax and fees:
  520         (a) The license tax required for the vehicle, as prescribed
  521  by s. 320.08(2), (3)(a), (b), or (c), (4)(a), (b), (c), (d),
  522  (e), or (f), or (9); and
  523         (b) An initial additional fee of $5, and an additional fee
  524  of $1.50 thereafter.
  525         Section 18. Section 320.1316, Florida Statutes, is amended
  526  to read:
  527         320.1316 Failure to surrender vehicle or vessel.—
  528         (1) Upon receipt from a lienor who claims a lien on a
  529  vehicle pursuant to s. 319.27 by the Department of Highway
  530  Safety and Motor Vehicles of written notice to surrender a
  531  vehicle or vessel that has been disposed of, concealed, removed,
  532  or destroyed by the lienee, the department shall place the name
  533  of the registered owner of that vehicle on the list of those
  534  persons who may not be issued a license plate, revalidation
  535  sticker, or replacement license plate for any motor vehicle
  536  under s. 320.03(8) owned by the lienee at the time the notice
  537  was given by the lienor. Pursuant to s. 320.03(8), the
  538  department may not issue a license plate, revalidation sticker,
  539  or replacement license plate for the vehicle, or a vessel
  540  registration number or decal for the vessel, owned by the lienee
  541  which is identified in the claim by the lienor. If the vehicle
  542  is owned jointly by more than one person, the name of each
  543  registered owner shall be placed on the list.
  544         (2) The notice to surrender the vehicle or vessel shall be
  545  signed under oath by the lienor and submitted on forms developed
  546  by the department, which must include:
  547         (a) The name, address, and telephone number of the lienor.
  548         (b) The name of the registered owner of the vehicle or
  549  vessel and the address to which the lienor provided notice to
  550  surrender the vehicle or vessel to the registered owner.
  551         (c) A general description of the vehicle, including its
  552  color, make, model, body style, and year.
  553         (d) The vehicle identification number, registration license
  554  plate number, if known, or other identification number, as
  555  applicable.
  556         (3) The registered owner of the vehicle or vessel may
  557  dispute a notice to surrender the vehicle or vessel or his or
  558  her inclusion on the list of those persons who may not be issued
  559  a license plate, revalidation sticker, or replacement license
  560  plate under s. 320.03(8), or a vessel registration number or
  561  decal, by bringing a civil action in the county in which he or
  562  she resides by notifying the department of the dispute in
  563  writing on forms provided by the department and presenting proof
  564  that the vehicle was sold to a motor vehicle dealer licensed
  565  under s. 320.27, a mobile home dealer licensed under s. 320.77,
  566  or a recreational vehicle dealer licensed under s. 320.771.
  567         (4) In an action brought pursuant to subsection (3), the
  568  petitioner is entitled to the summary procedure specified in s.
  569  51.011, and the court shall advance the cause on its calendar if
  570  requested by the petitioner.
  571         (5) At a hearing challenging the refusal to issue a license
  572  plate, revalidation sticker, or replacement license plate under
  573  s. 320.03(8), or a vessel registration number or decal, the
  574  court shall first determine whether the lienor has a recorded
  575  lien on the vehicle or vessel and whether the lienor properly
  576  made a demand for the surrender of the vehicle or vessel in
  577  accordance with this section. If the court determines that the
  578  lien was recorded and that such a demand was properly made, the
  579  court shall determine whether good cause exists for the lienee’s
  580  failure to surrender the vehicle or vessel. As used in this
  581  section, the term “good cause” is limited to proof that:
  582         (a) The vehicle that was the subject of the demand for
  583  surrender was traded in to a licensed motor vehicle dealer
  584  before the date of the demand for surrender;
  585         (b) The lien giving rise to the inclusion on the list has
  586  been paid in full or otherwise satisfied;
  587         (c) There is ongoing litigation relating to the validity or
  588  enforceability of the lien;
  589         (d) The petitioner was in compliance with all of his or her
  590  contractual obligations with the lienholder at the time of the
  591  demand for surrender;
  592         (e) The vehicle or vessel was reported to law enforcement
  593  as stolen by the registered owner of the vehicle or vessel
  594  before the demand for surrender; or
  595         (f) The petitioner no longer has possession of the vehicle
  596  or vessel, and the loss of possession occurred pursuant to
  597  operation of law. If the petitioner’s loss of possession did not
  598  occur pursuant to operation of law, the fact that a third party
  599  has physical possession of the vehicle or vessel does not
  600  constitute good cause for the failure to surrender the vehicle
  601  or vessel.
  602         (6) If the petitioner establishes good cause for his or her
  603  failure to surrender the vehicle or vessel, the court shall
  604  enter an order removing the petitioner’s name from the list of
  605  those persons who may not be issued a license plate,
  606  revalidation sticker, or replacement license plate under s.
  607  320.03(8), or a vessel registration number or decal, and shall
  608  award the petitioner reasonable attorney fees and costs actually
  609  incurred for the proceeding.
  610         (7) If the court finds that the demand for surrender was
  611  properly made by the lienor and the petitioner fails to
  612  establish good cause for the failure to surrender the vehicle or
  613  vessel, the court shall award the lienor reasonable attorney
  614  fees and costs actually incurred for the proceeding.
  615         Section 19. Section 322.032, Florida Statutes, is created
  616  to read:
  617         322.032 Digital proof of driver license.—
  618         (1) The department shall begin to review and prepare for
  619  the development of a secure and uniform system for issuing an
  620  optional digital proof of driver license. The department may
  621  contract with one or more private entities to develop a digital
  622  proof of driver license system.
  623         (2) The digital proof of driver license developed by the
  624  department or by an entity contracted by the department must be
  625  in such a format as to allow law enforcement to verify the
  626  authenticity of the digital proof of driver license. The
  627  department may promulgate rules to ensure valid authentication
  628  of digital driver licenses by law enforcement.
  629         (3) A person may not be issued a digital proof of driver
  630  license until he or she has satisfied all the requirements of
  631  this chapter and has received a physical driver license as
  632  provided in this chapter.
  633         (4) A person who:
  634         (a) Manufactures a false digital proof of driver license
  635  commits a felony of the third degree, punishable as provided in
  636  s. 775.082, s. 775.083, or s. 775.084.
  637         (b) Possesses a false digital proof of driver license
  638  commits a misdemeanor of the second degree, punishable as
  639  provided in s. 775.082.
  640         Section 20. Section 322.055, Florida Statutes, is amended
  641  to read:
  642         322.055 Revocation or suspension of, or delay of
  643  eligibility for, driver driver’s license for persons 18 years of
  644  age or older convicted of certain drug offenses.—
  645         (1) Notwithstanding the provisions of s. 322.28, upon the
  646  conviction of a person 18 years of age or older for possession
  647  or sale of, trafficking in, or conspiracy to possess, sell, or
  648  traffic in a controlled substance, the court shall direct the
  649  department to revoke the driver driver’s license or driving
  650  privilege of the person. The period of such revocation shall be
  651  1 year 2 years or until the person is evaluated for and, if
  652  deemed necessary by the evaluating agency, completes a drug
  653  treatment and rehabilitation program approved or regulated by
  654  the Department of Children and Families Family Services.
  655  However, the court may, in its sound discretion, direct the
  656  department to issue a license for driving privilege privileges
  657  restricted to business or employment purposes only, as defined
  658  by s. 322.271, if the person is otherwise qualified for such a
  659  license. A driver whose license or driving privilege has been
  660  suspended or revoked under this section or s. 322.056 may, upon
  661  the expiration of 6 months, petition the department for
  662  restoration of the driving privilege on a restricted or
  663  unrestricted basis depending on length of suspension or
  664  revocation. In no case shall a restricted license be available
  665  until 6 months of the suspension or revocation period has
  666  expired.
  667         (2) If a person 18 years of age or older is convicted for
  668  the possession or sale of, trafficking in, or conspiracy to
  669  possess, sell, or traffic in a controlled substance and such
  670  person is eligible by reason of age for a driver driver’s
  671  license or privilege, the court shall direct the department to
  672  withhold issuance of such person’s driver driver’s license or
  673  driving privilege for a period of 1 year 2 years after the date
  674  the person was convicted or until the person is evaluated for
  675  and, if deemed necessary by the evaluating agency, completes a
  676  drug treatment and rehabilitation program approved or regulated
  677  by the Department of Children and Families Family Services.
  678  However, the court may, in its sound discretion, direct the
  679  department to issue a license for driving privilege privileges
  680  restricted to business or employment purposes only, as defined
  681  by s. 322.271, if the person is otherwise qualified for such a
  682  license. A driver whose license or driving privilege has been
  683  suspended or revoked under this section or s. 322.056 may, upon
  684  the expiration of 6 months, petition the department for
  685  restoration of the driving privilege on a restricted or
  686  unrestricted basis depending on the length of suspension or
  687  revocation. In no case shall a restricted license be available
  688  until 6 months of the suspension or revocation period has
  689  expired.
  690         (3) If a person 18 years of age or older is convicted for
  691  the possession or sale of, trafficking in, or conspiracy to
  692  possess, sell, or traffic in a controlled substance and such
  693  person’s driver driver’s license or driving privilege is already
  694  under suspension or revocation for any reason, the court shall
  695  direct the department to extend the period of such suspension or
  696  revocation by an additional period of 1 year 2 years or until
  697  the person is evaluated for and, if deemed necessary by the
  698  evaluating agency, completes a drug treatment and rehabilitation
  699  program approved or regulated by the Department of Children and
  700  Families Family Services. However, the court may, in its sound
  701  discretion, direct the department to issue a license for driving
  702  privilege privileges restricted to business or employment
  703  purposes only, as defined by s. 322.271, if the person is
  704  otherwise qualified for such a license. A driver whose license
  705  or driving privilege has been suspended or revoked under this
  706  section or s. 322.056 may, upon the expiration of 6 months,
  707  petition the department for restoration of the driving privilege
  708  on a restricted or unrestricted basis depending on the length of
  709  suspension or revocation. In no case shall a restricted license
  710  be available until 6 months of the suspension or revocation
  711  period has expired.
  712         (4) If a person 18 years of age or older is convicted for
  713  the possession or sale of, trafficking in, or conspiracy to
  714  possess, sell, or traffic in a controlled substance and such
  715  person is ineligible by reason of age for a driver driver’s
  716  license or driving privilege, the court shall direct the
  717  department to withhold issuance of such person’s driver driver’s
  718  license or driving privilege for a period of 1 year 2 years
  719  after the date that he or she would otherwise have become
  720  eligible or until he or she becomes eligible by reason of age
  721  for a driver driver’s license and is evaluated for and, if
  722  deemed necessary by the evaluating agency, completes a drug
  723  treatment and rehabilitation program approved or regulated by
  724  the Department of Children and Families Family Services.
  725  However, the court may, in its sound discretion, direct the
  726  department to issue a license for driving privilege privileges
  727  restricted to business or employment purposes only, as defined
  728  by s. 322.271, if the person is otherwise qualified for such a
  729  license. A driver whose license or driving privilege has been
  730  suspended or revoked under this section or s. 322.056 may, upon
  731  the expiration of 6 months, petition the department for
  732  restoration of the driving privilege on a restricted or
  733  unrestricted basis depending on the length of suspension or
  734  revocation. In no case shall a restricted license be available
  735  until 6 months of the suspension or revocation period has
  736  expired.
  737         (5) A court that orders the revocation or suspension of, or
  738  delay in eligibility for, a driver license pursuant to this
  739  section shall make a specific, articulated determination as to
  740  whether the issuance of a license for driving privilege
  741  restricted to business purposes only, as defined in s. 322.271,
  742  is appropriate in each case.
  743         (6)(5) Each clerk of court shall promptly report to the
  744  department each conviction for the possession or sale of,
  745  trafficking in, or conspiracy to possess, sell, or traffic in a
  746  controlled substance.
  747         Section 21. Section 322.058, Florida Statutes, is amended
  748  to read:
  749         322.058 Suspension of driving privilege privileges due to
  750  support delinquency; reinstatement.—
  751         (1) When the department receives notice from the Title IV-D
  752  agency or depository or the clerk of the court that any person
  753  licensed to operate a motor vehicle in the State of Florida
  754  under the provisions of this chapter has a delinquent support
  755  obligation or has failed to comply with a subpoena, order to
  756  appear, order to show cause, or similar order, the department
  757  shall suspend the driver driver’s license of the person named in
  758  the notice and the registration of all motor vehicles owned by
  759  that person.
  760         (2) The department must reinstate the driving privilege and
  761  allow registration of a motor vehicle when the Title IV-D agency
  762  in IV-D cases or the depository or the clerk of the court in
  763  non-IV-D cases provides to the department an affidavit stating
  764  that:
  765         (a) The person has paid the delinquency;
  766         (b) The person has reached a written agreement for payment
  767  with the Title IV-D agency or the obligee in non-IV-D cases;
  768         (c) A court has entered an order granting relief to the
  769  obligor ordering the reinstatement of the license and motor
  770  vehicle registration; or
  771         (d) The person has complied with the subpoena, order to
  772  appear, order to show cause, or similar order;
  773         (e) The person receives reemployment assistance or
  774  unemployment compensation pursuant to chapter 443;
  775         (f) The person is disabled and incapable of self-support or
  776  receives benefits under the federal Supplemental Security Income
  777  or Social Security Disability Insurance programs;
  778         (g) The person receives temporary cash assistance pursuant
  779  to chapter 414; or
  780         (h) The person is making payments in accordance with a
  781  confirmed bankruptcy plan under chapter 11, chapter 12, or
  782  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  783  101 et seq.
  784         (3) The department shall not be held liable for any license
  785  or vehicle registration suspension resulting from the discharge
  786  of its duties under this section.
  787         (4) This section applies only to the annual renewal in the
  788  owner’s birth month of a motor vehicle registration and does not
  789  apply to the transfer of a registration of a motor vehicle sold
  790  by a motor vehicle dealer licensed under chapter 320, except for
  791  the transfer of registrations which includes the annual
  792  renewals. This section does not affect the issuance of the title
  793  to a motor vehicle, notwithstanding s. 319.23(8)(b).
  794         Section 22. Section 322.059, Florida Statutes, is amended
  795  to read:
  796         322.059 Mandatory surrender of suspended driver driver’s
  797  license and registration.—A Any person whose driver driver’s
  798  license or registration has been suspended as provided in s.
  799  322.058 must immediately return his or her driver driver’s
  800  license and registration to the Department of Highway Safety and
  801  Motor Vehicles. The department shall invalidate the digital
  802  proof of driver license issued pursuant to s. 322.032 for such
  803  person. If such person fails to return his or her driver
  804  driver’s license or registration, a any law enforcement agent
  805  may seize the license or registration while the driver driver’s
  806  license or registration is suspended.
  807         Section 23. Subsection (3) of section 322.141, Florida
  808  Statutes, is amended to read:
  809         322.141 Color or markings of certain licenses or
  810  identification cards.—
  811         (3) All licenses for the operation of motor vehicles or
  812  identification cards originally issued or reissued by the
  813  department to persons who are designated as sexual predators
  814  under s. 775.21, or subject to registration as sexual offenders
  815  under s. 943.0435 or s. 944.607, or who have a similar
  816  designation or are subject to a similar registration under the
  817  laws of another jurisdiction, shall have on the front of the
  818  license or identification card the following:
  819         (a) For a person designated as a sexual predator under s.
  820  775.21 or who has a similar designation under the laws of
  821  another jurisdiction, the marking “SEXUAL PREDATOR. “775.21,
  822  F.S.”
  823         (b) For a person subject to registration as a sexual
  824  offender under s. 943.0435 or s. 944.607 or subject to a similar
  825  registration under the laws of another jurisdiction, the marking
  826  “943.0435, F.S.”
  827         Section 24. Subsection (1) of section 322.15, Florida
  828  Statutes, is amended to read:
  829         322.15 License to be carried and exhibited on demand;
  830  fingerprint to be imprinted upon a citation.—
  831         (1) Every licensee shall have his or her driver driver’s
  832  license, which must be fully legible with no portion of such
  833  license faded, altered, mutilated, or defaced, in his or her
  834  immediate possession at all times when operating a motor vehicle
  835  and shall display the same upon the demand of a law enforcement
  836  officer or an authorized representative of the department. A
  837  licensee may display digital proof of driver license as provided
  838  in s. 322.032 in lieu of a physical driver license.
  839         Section 25. Paragraphs (e) and (f) of subsection (1) of
  840  section 322.21, Florida Statutes, are amended to read:
  841         322.21 License fees; procedure for handling and collecting
  842  fees.—
  843         (1) Except as otherwise provided herein, the fee for:
  844         (e) A replacement driver license issued pursuant to s.
  845  322.17 is $25. Of this amount, $7 shall be deposited into the
  846  Highway Safety Operating Trust Fund or retained by the tax
  847  collector if issued by a tax collector that has completed the
  848  transition of driver licensing services, and $18 shall be
  849  deposited into the General Revenue Fund. Beginning July 1, 2015,
  850  or upon completion of the transition of driver license issuance
  851  services, if the replacement driver license is issued by the tax
  852  collector, the tax collector shall retain the $7 that would
  853  otherwise be deposited into the Highway Safety Operating Trust
  854  Fund and the remaining revenues shall be deposited into the
  855  General Revenue Fund.
  856         (f) An original, renewal, or replacement identification
  857  card issued pursuant to s. 322.051 is $25, except that an
  858  applicant who presents evidence satisfactory to the department
  859  that he or she is homeless as defined in s. 414.0252(7) or his
  860  or her annual income is at or below 100 percent of the federal
  861  poverty level is exempt from such fee. Funds collected from
  862  these fees for original, renewal, or replacement identification
  863  cards shall be distributed as follows:
  864         1. For an original identification card issued pursuant to
  865  s. 322.051, the fee is $25. This amount shall be deposited into
  866  the General Revenue Fund.
  867         2. For a renewal identification card issued pursuant to s.
  868  322.051 the fee is $25. Of this amount, $6 shall be deposited
  869  into the Highway Safety Operating Trust Fund, and $19 shall be
  870  deposited into the General Revenue Fund.
  871         3. For a replacement identification card issued pursuant to
  872  s. 322.051, the fee is $25. Of this amount, $9 shall be
  873  deposited into the Highway Safety Operating Trust Fund or
  874  retained by the tax collector if issued by a tax collector that
  875  has completed the transition of driver licensing services, and
  876  $16 shall be deposited into the General Revenue Fund. Beginning
  877  July 1, 2015, or upon completion of the transition of the driver
  878  license issuance services, if the replacement identification
  879  card is issued by the tax collector, the tax collector shall
  880  retain the $9 that would otherwise be deposited into the Highway
  881  Safety Operating Trust Fund and the remaining revenues shall be
  882  deposited into the General Revenue Fund.
  883         Section 26. Subsection (2) of section 337.251, Florida
  884  Statutes, is amended, present subsections (3) through (10) of
  885  that section are redesignated as subsections (4) through (11),
  886  respectively, and a new subsection (3) is added to that section,
  887  to read:
  888         337.251 Lease of property for joint public-private
  889  development and areas above or below department property.—
  890         (2) The department may request proposals for the lease of
  891  such property or, if the department receives a proposal for to
  892  negotiate a lease of a particular department property which it
  893  desires to consider, the department it shall publish a notice in
  894  a newspaper of general circulation at least once a week for 2
  895  weeks, stating that it has received the proposal and will
  896  accept, for 60 days after the date of publication, other
  897  proposals for lease of such property for 120 days after the date
  898  of publication use of the space. A copy of the notice must be
  899  mailed to each local government in the affected area. The
  900  department shall establish by rule an application fee for the
  901  submission of proposals pursuant to this section. The fee must
  902  be sufficient to pay the anticipated costs of evaluating the
  903  proposals. The department may engage the services of private
  904  consultants to assist in the evaluations. Before approval, the
  905  department shall determine that the proposed lease:
  906         (a) Is in the public’s best interest;
  907         (b) Does not require that state funds be used; and
  908         (c) Has adequate safeguards in place to ensure that
  909  additional costs are not borne and service disruptions are not
  910  experienced by the traveling public and residents of the state
  911  in the event of default by the private lessee or upon
  912  termination or expiration of the lease.
  913         (3) The department shall provide an independent analysis of
  914  a proposed lease which demonstrates the cost-effectiveness and
  915  overall public benefit at the following times:
  916         (a) Before moving forward with the procurement; and
  917         (b) Before awarding the contract if the procurement moves
  918  forward.
  919         Section 27.  Subsection (5) of section 526.141, Florida
  920  Statutes, is amended to read:
  921         526.141 Self-service gasoline stations; attendants;
  922  regulations.—
  923         (5)(a) Every full-service gasoline station offering self
  924  service at a lesser cost shall require an attendant employed by
  925  the station to dispense gasoline from the self-service portion
  926  of the station to any motor vehicle properly displaying an
  927  exemption parking permit as provided in s. 316.1958 or s.
  928  320.0848 or a license plate issued pursuant to s. 320.084, s.
  929  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
  930  such permit has been issued is the operator of the vehicle and
  931  such service is requested. Such stations shall prominently
  932  display a decal no larger than 8 square inches on the front of
  933  all self-service pumps clearly stating the requirements of this
  934  subsection and the penalties applicable to violations of this
  935  subsection. The Department of Agriculture and Consumer Services
  936  shall enforce this requirement.
  937         (b)1. The Department of Agriculture and Consumer Services,
  938  when inspecting a self-service gasoline station, shall confirm
  939  that a second and separate decal is affixed to each pump. The
  940  decal must be blue, at least 15 square inches, and clearly
  941  display the international symbol of accessibility shown in s.
  942  320.0842, the telephone number of the station, and the words
  943  “Call for Assistance.” The Department of Agriculture and
  944  Consumer Services shall adopt rules to implement and enforce
  945  this paragraph and shall confirm that the decals conform with
  946  this paragraph and are in place by July 1, 2016.
  947         2. This paragraph does not bar a county or municipality
  948  from adopting an ordinance, or enforcing an existing ordinance,
  949  which expands the accessibility, safety, or availability of
  950  fueling assistance to a motor vehicle operator described in
  951  paragraph (a).
  952         (c)(b) Violation of paragraph (a) is a misdemeanor of the
  953  second degree, punishable as provided in s. 775.082 or s.
  954  775.083.
  955         Section 28. Section 526.142, Florida Statutes, is created
  956  to read:
  957         526.142 Air and vacuum devices.—A retail outlet as defined
  958  in s. 526.303 is not required to provide air or vacuum supply
  959  without charge. A political subdivision of this state may not
  960  adopt any ordinance regarding the pricing of such commodities.
  961  All such ordinances, whether existing or proposed, are preempted
  962  and superseded by general law.
  963         Section 29. Paragraph (a) of subsection (1) of section
  964  562.11, Florida Statutes, is amended to read:
  965         562.11 Selling, giving, or serving alcoholic beverages to
  966  person under age 21; providing a proper name; misrepresenting or
  967  misstating age or age of another to induce licensee to serve
  968  alcoholic beverages to person under 21; penalties.—
  969         (1)(a)1. A It is unlawful for any person may not to sell,
  970  give, serve, or permit to be served alcoholic beverages to a
  971  person under 21 years of age or to permit a person under 21
  972  years of age to consume such beverages on the licensed premises.
  973  A person who violates this subparagraph commits a misdemeanor of
  974  the second degree, punishable as provided in s. 775.082 or s.
  975  775.083. A person who violates this subparagraph a second or
  976  subsequent time within 1 year after a prior conviction commits a
  977  misdemeanor of the first degree, punishable as provided in s.
  978  775.082 or s. 775.083.
  979         2. In addition to any other penalty imposed for a violation
  980  of subparagraph 1., the court may order the Department of
  981  Highway Safety and Motor Vehicles to withhold the issuance of,
  982  or suspend or revoke, the driver driver’s license or driving
  983  privilege, as provided in s. 322.057, of any person who violates
  984  subparagraph 1. This subparagraph does not apply to a licensee,
  985  as defined in s. 561.01, who violates subparagraph 1. while
  986  acting within the scope of his or her license or an employee or
  987  agent of a licensee, as defined in s. 561.01, who violates
  988  subparagraph 1. while engaged within the scope of his or her
  989  employment or agency.
  990         3. A court that withholds the issuance of, or suspends or
  991  revokes, the driver license or driving privilege of a person
  992  pursuant to subparagraph 2. may direct the Department of Highway
  993  Safety and Motor Vehicles to issue the person a license for
  994  driving privilege restricted to business purposes only, as
  995  defined in s. 322.271, if he or she is otherwise qualified.
  996         Section 30. Section 812.0155, Florida Statutes, is amended
  997  to read:
  998         812.0155 Suspension of driver driver’s license following an
  999  adjudication of guilt for theft.—
 1000         (1) Except as provided in subsections (2) and (3), the
 1001  court may order the suspension of the driver driver’s license of
 1002  each person adjudicated guilty of any misdemeanor violation of
 1003  s. 812.014 or s. 812.015, regardless of the value of the
 1004  property stolen. The court shall order the suspension of the
 1005  driver’s license of each person adjudicated guilty of any
 1006  misdemeanor violation of s. 812.014 or s. 812.015 who has
 1007  previously been convicted of such an offense. Upon ordering the
 1008  suspension of the driver driver’s license of the person
 1009  adjudicated guilty, the court shall forward the driver driver’s
 1010  license of the person adjudicated guilty to the Department of
 1011  Highway Safety and Motor Vehicles in accordance with s. 322.25.
 1012         (a) The first suspension of a driver driver’s license under
 1013  this subsection shall be for a period of up to 6 months.
 1014         (b) A second or subsequent suspension of a driver driver’s
 1015  license under this subsection shall be for 1 year.
 1016         (2) The court may revoke, suspend, or withhold issuance of
 1017  a driver driver’s license of a person less than 18 years of age
 1018  who violates s. 812.014 or s. 812.015 as an alternative to
 1019  sentencing the person to:
 1020         (a) Probation as defined in s. 985.03 or commitment to the
 1021  Department of Juvenile Justice, if the person is adjudicated
 1022  delinquent for such violation and has not previously been
 1023  convicted of or adjudicated delinquent for any criminal offense,
 1024  regardless of whether adjudication was withheld.
 1025         (b) Probation as defined in s. 985.03, commitment to the
 1026  Department of Juvenile Justice, probation as defined in chapter
 1027  948, community control, or incarceration, if the person is
 1028  convicted as an adult of such violation and has not previously
 1029  been convicted of or adjudicated delinquent for any criminal
 1030  offense, regardless of whether adjudication was withheld.
 1031         (3) As used in this subsection, the term “department” means
 1032  the Department of Highway Safety and Motor Vehicles. A court
 1033  that revokes, suspends, or withholds issuance of a driver
 1034  driver’s license under subsection (2) shall:
 1035         (a) If the person is eligible by reason of age for a driver
 1036  driver’s license or driving privilege, direct the department to
 1037  revoke or withhold issuance of the person’s driver driver’s
 1038  license or driving privilege for not less than 6 months and not
 1039  more than 1 year;
 1040         (b) If the person’s driver driver’s license is under
 1041  suspension or revocation for any reason, direct the department
 1042  to extend the period of suspension or revocation by not less
 1043  than 6 months and not more than 1 year; or
 1044         (c) If the person is ineligible by reason of age for a
 1045  driver driver’s license or driving privilege, direct the
 1046  department to withhold issuance of the person’s driver driver’s
 1047  license or driving privilege for not less than 6 months and not
 1048  more than 1 year after the date on which the person would
 1049  otherwise become eligible.
 1050         (4) Subsections (2) and (3) do not preclude the court from
 1051  imposing any sanction specified or not specified in subsection
 1052  (2) or subsection (3).
 1053         (5) A court that suspends the driver license of a person
 1054  pursuant to subsection (1) may direct the Department of Highway
 1055  Safety and Motor Vehicles to issue the person a license for
 1056  driving privilege restricted to business purposes only, as
 1057  defined in s. 322.271, if he or she is otherwise qualified.
 1058         Section 31. Section 832.09, Florida Statutes, is amended to
 1059  read:
 1060         832.09 Suspension of driver license after warrant or capias
 1061  is issued in worthless check case.—
 1062         (1) The court may order the suspension or revocation of the
 1063  driver license of a Any person who is being prosecuted for
 1064  passing a worthless check in violation of s. 832.05, who fails
 1065  to appear before the court and against whom a warrant or capias
 1066  for failure to appear is issued by the court if the person has
 1067  previously been adjudicated guilty of a violation of s. 832.05
 1068  shall have his or her driver’s license suspended or revoked
 1069  pursuant to s. 322.251.
 1070         (2) Within 5 working days after the court orders the
 1071  suspension of a driver license pursuant to subsection (1)
 1072  issuance of a warrant or capias for failure to appear, the clerk
 1073  of the court in the county where the warrant or capias is issued
 1074  shall notify the Department of Highway Safety and Motor Vehicles
 1075  by the most efficient method available of the action of the
 1076  court.
 1077         Section 32. The Department of Highway Safety and Motor
 1078  Vehicles is directed to develop a plan of action that addresses
 1079  motor vehicle registration holds placed pursuant to ss.
 1080  316.1001, 316.1967, and 318.15, Florida Statutes, for
 1081  presentation to the Legislature by February 1, 2015. The plan
 1082  must, at a minimum, include a methodology for applicants whose
 1083  names have been placed on the list of persons who may not be
 1084  issued a license plate or revalidation sticker under s.
 1085  320.03(8), Florida Statutes, to rectify the cause of the hold
 1086  through the payment of any outstanding toll, parking ticket,
 1087  fine, and any other fee at the point of collection of the
 1088  registration fee.
 1089         Section 33. By January 1, 2015, the Department of Highway
 1090  Safety and Motor Vehicles shall conduct and submit a study on
 1091  the effectiveness of ignition interlock device use as an
 1092  alternative to driver license suspension. The study shall be
 1093  submitted to the Governor, the President of the Senate, and the
 1094  Speaker of the House of Representatives and shall address the
 1095  following:
 1096         (1) The effect that ignition interlock device use, as an
 1097  alternative to a driver license suspension, will have on the DUI
 1098  recidivism rate while the driver is using the ignition interlock
 1099  device.
 1100         (2) The cost of ignition interlock device use compared to
 1101  the cost associated with a subsequent violation, or suspected
 1102  violation, of s. 316.193, Florida Statutes, including, but not
 1103  limited to, a violation involving property damage, bodily
 1104  injury, and death.
 1105         (3) In addition to existing penalties, a provision that
 1106  provides for credit on a day-for-day basis for ignition
 1107  interlock device use, as an alternative to a driver license
 1108  suspension, toward any mandatory ignition interlock device use
 1109  ordered by the court.
 1110         (4) The effectiveness of mandatory ignition interlock
 1111  device use for all violations of s. 316.193, Florida Statutes.
 1112         Section 34. Any annual revenues distributed to the
 1113  Sportsmen’s National Land Trust pursuant to former s.
 1114  320.08058(47), Florida Statutes, shall be expended in accordance
 1115  with the uses authorized under s. 320.08058(47)(b), Florida
 1116  Statutes, as amended by this act and as approved by the Wildlife
 1117  Foundation of Florida, Inc.
 1118         Section 35. The Department of Highway Safety and Motor
 1119  Vehicles is appropriated the nonrecurring sum of $100,000 from
 1120  the Highway Safety Operating Trust Fund. These funds shall be
 1121  used for expenditures incurred to issue or reissue a driver
 1122  license with the marking “SEXUAL PREDATOR” on the front of the
 1123  license to persons that are designated and required to register
 1124  as sexual predators in accordance with this act.
 1125         Section 36. This act shall take effect July 1, 2014.
 1126  
 1127  ================= T I T L E  A M E N D M E N T ================
 1128  And the title is amended as follows:
 1129         Delete everything before the enacting clause
 1130  and insert:
 1131                        A bill to be entitled                      
 1132         An act relating to transportation and motor vehicles;
 1133         amending s. 61.13016, F.S.; revising notification
 1134         requirements with respect to the suspension of the
 1135         driver license of a child support obligor; requiring
 1136         delinquent child support obligors to provide certain
 1137         documentation within a specified period in order to
 1138         prevent the suspension of a driver license; creating
 1139         s. 316.0778, F.S.; defining the term “automated
 1140         license plate recognition system”; requiring the
 1141         Department of State to consult with the Department of
 1142         Law Enforcement in establishing a retention schedule
 1143         for records generated by the use of an automated
 1144         license plate recognition system; creating s.
 1145         316.0817, F.S.; prohibiting a bus from stopping to
 1146         load or unload passengers in a manner that impedes,
 1147         blocks, or otherwise restricts the progression of
 1148         traffic under certain circumstances; amending s.
 1149         316.1937, F.S.; authorizing a person otherwise
 1150         required to have an installed ignition interlock
 1151         device to operate a leased motor vehicle in the course
 1152         and scope of employment without installation of such
 1153         device under certain circumstances; amending s.
 1154         316.1938, F.S.; revising requirements for
 1155         certification of ignition interlock devices; requiring
 1156         the Department of Highway Safety and Motor Vehicles to
 1157         contract with interlock device service providers;
 1158         providing contract requirements; authorizing the
 1159         department to adopt rules; amending s. 316.1975, F.S.;
 1160         authorizing an operator of a vehicle that is started
 1161         by remote control to let the vehicle stand unattended
 1162         under certain circumstances; amending s. 316.2126,
 1163         F.S.; revising the timeframe for the authorized use of
 1164         golf carts, low-speed vehicles, and utility vehicles
 1165         related to seasonal delivery personnel; amending s.
 1166         316.2952, F.S.; revising a provision exempting a
 1167         global position system device or similar satellite
 1168         receiver device from the prohibition of attachments on
 1169         windshields; amending s. 316.86, F.S.; revising
 1170         provisions relating to the operation of vehicles
 1171         equipped with autonomous technology on state roads for
 1172         testing purposes; authorizing research organizations
 1173         associated with accredited educational institutions to
 1174         operate such vehicles; authorizing the testing of such
 1175         vehicles on certain roadways designated by the
 1176         Department of Transportation and the applicable local
 1177         government or authority; deleting an obsolete
 1178         provision; amending s. 318.15, F.S.; prohibiting the
 1179         department from accepting the resubmission of certain
 1180         driver license suspensions; amending s. 318.18, F.S.;
 1181         providing for a clerk of court to designate a local
 1182         governmental entity for disposition of certain parking
 1183         citations; authorizing such entity to retain the
 1184         processing fee; amending s. 320.02, F.S.; requiring,
 1185         rather than authorizing, the Department of Highway
 1186         Safety and Motor Vehicles to withhold the renewal of
 1187         registration or replacement registration of a motor
 1188         vehicle identified in a notice submitted by a lienor
 1189         for failure to surrender the vehicle if the
 1190         applicant’s name is on the list of persons who may not
 1191         be issued a license plate or revalidation sticker;
 1192         revising the conditions under which a revalidation
 1193         sticker or replacement license plate may be issued;
 1194         amending ss. 320.08056 and 320.08058, F.S.; revising
 1195         the names of certain specialty license plates;
 1196         revising distribution of revenue received from the
 1197         sale of a certain plate; revising requirements for the
 1198         use of the specialty license plate annual use fees;
 1199         defining the term “administrative expenses”; amending
 1200         s. 320.08062, F.S.; revising provisions relating to
 1201         audit and attestation requirements for annual use fee
 1202         proceeds; requiring the Department of Highway Safety
 1203         and Motor Vehicles to discontinue the distribution of
 1204         revenues to an organization that does not meet
 1205         specified requirements; authorizing the department to
 1206         resume the distribution of revenue under certain
 1207         conditions; requiring a report to the Legislature;
 1208         requiring the discontinuance of a specialty plate
 1209         under certain circumstances; amending chapter 2008
 1210         176, Laws of Florida, as amended; extending the
 1211         prohibition on the issuance of new specialty license
 1212         plates; amending s. 320.083, F.S.; revising the
 1213         requirements for a special license plate; amending s.
 1214         320.1316, F.S.; prohibiting the department from
 1215         issuing a license plate, revalidation sticker, or
 1216         replacement license plate for a vehicle, or a vessel
 1217         registration number or decal for a vessel, identified
 1218         in a notice from a lienor; requiring that a notice to
 1219         surrender a vehicle or vessel be signed under oath by
 1220         the lienor; authorizing a registered owner of a
 1221         vehicle or vessel to bring a civil action to dispute a
 1222         notice to surrender a vehicle or vessel or his or her
 1223         inclusion on the list of persons who may not be issued
 1224         a license plate, revalidation sticker, replacement
 1225         license plate, or vessel registration number or decal;
 1226         providing procedures for such a civil action;
 1227         providing for the award of attorney fees and costs;
 1228         creating s. 322.032, F.S.; requiring the Department of
 1229         Highway Safety and Motor Vehicles to begin to review
 1230         and prepare for the development of a system for
 1231         issuing an optional digital proof of driver license;
 1232         authorizing the Department of Highway Safety and Motor
 1233         Vehicles to contract with private entities to develop
 1234         the system; providing requirements for digital proof
 1235         of driver license; providing criminal penalties for
 1236         manufacturing or possessing a false digital proof of
 1237         driver license; amending s. 322.055, F.S.; reducing
 1238         the mandatory period of revocation or suspension of,
 1239         or delay in eligibility for, a driver license for
 1240         persons convicted of certain drug offenses; requiring
 1241         the court to make a determination as to whether a
 1242         restricted license would be appropriate for persons
 1243         convicted of certain drug offenses; amending s.
 1244         322.058, F.S.; requiring the Department of Highway
 1245         Safety and Motor Vehicles to reinstate the driving
 1246         privilege and allow registration of a motor vehicle of
 1247         a child support obligor upon receipt of an affidavit
 1248         containing specified information; amending s. 322.059,
 1249         F.S.; requiring the Department of Highway Safety and
 1250         Motor Vehicles to invalidate the digital proof of
 1251         driver license for a person whose license or
 1252         registration has been suspended; amending s. 322.141,
 1253         F.S.; revising requirements for special markings on
 1254         driver licenses and state identification cards for
 1255         persons designated as sexual predators or subject to
 1256         registration as sexual offenders to include persons so
 1257         designated or subject to registration under the laws
 1258         of another jurisdiction; amending s. 322.15, F.S.;
 1259         authorizing a digital proof of driver license to be
 1260         accepted in lieu of a physical driver license;
 1261         amending s. 322.21, F.S.; authorizing certain tax
 1262         collectors to retain a replacement driver license or
 1263         identification card fee under certain circumstances;
 1264         exempting certain individuals who are homeless or
 1265         whose annual income is at or below a certain
 1266         percentage of the federal poverty level from paying a
 1267         fee for an original, renewal, or replacement
 1268         identification card; amending s. 337.251, F.S.;
 1269         revising criteria for leasing certain Department of
 1270         Transportation property; increasing the time for the
 1271         Department of Transportation to accept proposals for
 1272         lease after a notice is published; directing the
 1273         Department of Transportation to establish an
 1274         application fee by rule; providing criteria for the
 1275         fee; providing criteria for a proposed lease;
 1276         requiring the Department of Transportation to provide
 1277         an independent analysis of a proposed lease; amending
 1278         s. 526.141, F.S.; requiring self-service gasoline
 1279         pumps to display an additional decal containing
 1280         specified information; requiring the Department of
 1281         Agriculture and Consumer Services to confirm
 1282         compliance by a specified date; providing that a
 1283         county or municipality is not barred from adopting or
 1284         enforcing an ordinance relating to fueling assistance
 1285         for certain motor vehicle operators; creating s.
 1286         526.142, F.S.; providing for preemption of local laws
 1287         and regulations pertaining to air and vacuum supply;
 1288         amending s. 562.11, F.S.; authorizing the court to
 1289         direct the Department of Highway Safety and Motor
 1290         Vehicles to issue a restricted driver license to
 1291         certain persons; amending s. 812.0155, F.S.; deleting
 1292         a provision requiring the suspension of the driver
 1293         license of a person adjudicated guilty of certain
 1294         offenses; authorizing the court to direct the
 1295         Department of Highway Safety and Motor Vehicles to
 1296         issue a restricted driver license to certain persons;
 1297         amending s. 832.09, F.S.; providing that the
 1298         suspension of a driver license of a person being
 1299         prosecuted for passing a worthless check is
 1300         discretionary; directing the Department of Highway
 1301         Safety and Motor Vehicles to develop and present to
 1302         the Governor and the Legislature a plan that addresses
 1303         certain vehicle registration holds; directing the
 1304         department to conduct and submit to the Governor and
 1305         the Legislature a study on the effectiveness of
 1306         ignition interlock device use; providing for the use
 1307         of revenue received from the sale of certain specialty
 1308         license plates; providing an appropriation; providing
 1309         an effective date.