Florida Senate - 2016 CS for SB 1394
By the Committee on Transportation; and Senator Brandes
596-02694-16 20161394c1
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.003, F.S.;
4 defining the terms “service patrol vehicle” and
5 “driver-assistive truck platooning technology”;
6 amending s. 316.0895, F.S.; providing that provisions
7 prohibiting a driver from following certain vehicles
8 within a specified distance do not apply to truck
9 tractor-semitrailer combinations under certain
10 circumstances; amending s. 316.126, F.S.; requiring
11 the driver of every other vehicle to take specified
12 actions if a utility service vehicle displaying any
13 visual signals or a service patrol vehicle displaying
14 amber rotating or flashing lights is performing
15 certain tasks on the roadside; amending s. 316.193,
16 F.S.; requiring, as of a specified date, that the
17 court order a certain qualified sobriety and drug
18 monitoring program in addition to the placement of an
19 ignition interlock device; deleting provisions
20 relating to a qualified sobriety and drug monitoring
21 program; directing the department to adopt rules
22 providing for the implementation of the use of certain
23 qualified sobriety and drug monitoring programs;
24 redefining the terms “qualified sobriety and drug
25 monitoring program” and “evidence-based program”;
26 providing requirements for the program; amending s.
27 316.235, F.S.; revising requirements relating to a
28 deceleration lighting system for buses; amending s.
29 316.303, F.S.; providing exceptions to the prohibition
30 against certain television-type receiving equipment in
31 vehicles; amending s. 320.02, F.S.; increasing
32 the timeframe within which the owner of any motor
33 vehicle registered in the state must notify the
34 department of a change of address; providing
35 exceptions to such notification; amending s. 320.055,
36 F.S.; revising the renewal period for certain motor
37 vehicles subject to registration; amending s. 320.07,
38 F.S.; prohibiting a law enforcement officer from
39 issuing a citation for a specified violation until a
40 certain date; amending s. 322.051, F.S.; requiring the
41 department to issue or renew an identification card to
42 certain juvenile offenders; requiring that the
43 department’s mobile issuing units process certain
44 identification cards; amending s. 322.19, F.S.;
45 increasing the timeframe within which certain persons
46 must obtain a replacement driver license or
47 identification card that reflects a change in his or
48 her legal name; providing exceptions to such
49 requirement; increasing the timeframe within which
50 certain persons must obtain a replacement driver
51 license or identification card that reflects a change
52 in the legal residence or mailing address in his or
53 her application, license, or card; amending s. 322.21,
54 F.S.; exempting certain juvenile offenders from a
55 specified fee for an original, renewal, or replacement
56 identification card; amending s. 322.221, F.S.;
57 requiring the department to issue an identification
58 card at no cost at the time a person’s driver license
59 is suspended or revoked due to his or her physical or
60 mental condition; amending s. 322.271, F.S.; providing
61 that a certain qualified sobriety and drug monitoring
62 program shall be ordered by the court on or after a
63 specified date in addition to the placement of an
64 ignition interlock device; amending s. 322.2715, F.S.;
65 providing that a certain qualified sobriety and drug
66 monitoring program shall be used by the department on
67 or after a specified date in addition to the placement
68 of an ignition interlock device; providing an
69 effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Subsections (94) and (95) are added to section
74 316.003, Florida Statutes, to read:
75 316.003 Definitions.—The following words and phrases, when
76 used in this chapter, shall have the meanings respectively
77 ascribed to them in this section, except where the context
78 otherwise requires:
79 (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
80 emblem or markings with the wording “SERVICE VEHICLE” which is
81 visible from the roadway and clearly indicates that the vehicle
82 belongs to or is under contract with a person, an entity, a
83 cooperative, a board, a commission, a district, or a unit of
84 government that provides highway assistance services to
85 motorists, clears travel lanes, or provides temporary
86 maintenance of traffic support for incident response operations.
87 (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
88 automation technology that integrates a sensor array, wireless
89 communications, vehicle controls, and specialized software to
90 synchronize the acceleration and braking between no more than
91 two truck tractor-semitrailer combinations, while leaving each
92 vehicle’s steering control and systems command in the control of
93 the vehicle’s driver.
94 Section 2. Subsection (2) of section 316.0895, Florida
95 Statutes, is amended to read:
96 316.0895 Following too closely.—
97 (2) It is unlawful for the driver of any motor truck, motor
98 truck drawing another vehicle, or vehicle towing another vehicle
99 or trailer, when traveling upon a roadway outside of a business
100 or residence district, to follow within 300 feet of another
101 motor truck, motor truck drawing another vehicle, or vehicle
102 towing another vehicle or trailer. The provisions of This
103 subsection may shall not be construed to prevent overtaking and
104 passing, nor does it nor shall the same apply upon any lane
105 specially designated for use by motor trucks or other slow
106 moving vehicles. This subsection does not apply to two truck
107 tractor-semitrailer combinations equipped and connected with
108 driver-assistive truck platooning technology, as defined in s.
109 316.003, and operating on a multilane limited access facility,
110 if:
111 (a) The owner or operator first submits to the department
112 an instrument of insurance, a surety bond, or proof of self
113 insurance acceptable to the department in the amount of $1
114 million;
115 (b) The vehicles are equipped with an external indication,
116 visible to surrounding motorists, that the vehicles are engaged
117 in truck platooning; and
118 (c) The vehicles are not required to be placarded pursuant
119 to 49 C.F.R. parts 171-179.
120 Section 3. Section 316.126, Florida Statutes, is amended to
121 read:
122 316.126 Operation of vehicles and actions of pedestrians on
123 approach of an authorized emergency, sanitation, or utility
124 service vehicle, or service patrol vehicle.—
125 (1)(a) Upon the immediate approach of an authorized
126 emergency vehicle, while en route to meet an existing emergency,
127 the driver of every other vehicle shall, when such emergency
128 vehicle is giving audible signals by siren, exhaust whistle, or
129 other adequate device, or visible signals by the use of
130 displayed blue or red lights, yield the right-of-way to the
131 emergency vehicle and shall immediately proceed to a position
132 parallel to, and as close as reasonable to the closest edge of
133 the curb of the roadway, clear of any intersection and shall
134 stop and remain in position until the authorized emergency
135 vehicle has passed, unless otherwise directed by a law
136 enforcement officer.
137 (b) If an authorized emergency vehicle displaying any
138 visual signals is parked on the roadside, a sanitation vehicle
139 is performing a task related to the provision of sanitation
140 services on the roadside, a utility service vehicle displaying
141 any visual signals is performing a task related to the provision
142 of utility services on the roadside, or a wrecker displaying
143 amber rotating or flashing lights is performing a recovery or
144 loading on the roadside, or a service patrol vehicle displaying
145 amber rotating or flashing lights is performing official duties
146 or services on the roadside, the driver of every other vehicle,
147 as soon as it is safe:
148 1. Shall vacate the lane closest to the emergency vehicle,
149 sanitation vehicle, utility service vehicle, or wrecker, or
150 service patrol vehicle when driving on an interstate highway or
151 other highway with two or more lanes traveling in the direction
152 of the emergency vehicle, sanitation vehicle, utility service
153 vehicle, or wrecker, or service patrol vehicle except when
154 otherwise directed by a law enforcement officer. If such
155 movement cannot be safely accomplished, the driver shall reduce
156 speed as provided in subparagraph 2.
157 2. Shall slow to a speed that is 20 miles per hour less
158 than the posted speed limit when the posted speed limit is 25
159 miles per hour or greater; or travel at 5 miles per hour when
160 the posted speed limit is 20 miles per hour or less, when
161 driving on a two-lane road, except when otherwise directed by a
162 law enforcement officer.
163 (c) The Department of Highway Safety and Motor Vehicles
164 shall provide an educational awareness campaign informing the
165 motoring public about the Move Over Act. The department shall
166 provide information about the Move Over Act in all newly printed
167 driver license educational materials.
168 (2) Every pedestrian using the road right-of-way shall
169 yield the right-of-way until the authorized emergency vehicle
170 has passed, unless otherwise directed by a law enforcement
171 officer.
172 (3) An authorized emergency vehicle, when en route to meet
173 an existing emergency, shall warn all other vehicular traffic
174 along the emergency route by an audible signal, siren, exhaust
175 whistle, or other adequate device or by a visible signal by the
176 use of displayed blue or red lights. While en route to such
177 emergency, the emergency vehicle shall otherwise proceed in a
178 manner consistent with the laws regulating vehicular traffic
179 upon the highways of this state.
180 (4) This section does not diminish or enlarge any rules of
181 evidence or liability in any case involving the operation of an
182 emergency vehicle.
183 (5) This section does not relieve the driver of an
184 authorized emergency vehicle from the duty to drive with due
185 regard for the safety of all persons using the highway.
186 (6) A violation of this section is a noncriminal traffic
187 infraction, punishable pursuant to chapter 318 as either a
188 moving violation for infractions of subsection (1) or subsection
189 (3), or as a pedestrian violation for infractions of subsection
190 (2).
191 Section 4. Subsection (2), paragraph (c) of subsection (4),
192 paragraph (j) of subsection (6), and subsection (11) of section
193 316.193, Florida Statutes, are amended, and subsection (15) is
194 added to that section, to read:
195 316.193 Driving under the influence; penalties.—
196 (2)(a) Except as provided in paragraph (b), subsection (3),
197 or subsection (4), any person who is convicted of a violation of
198 subsection (1) shall be punished:
199 1. By a fine of:
200 a. Not less than $500 or more than $1,000 for a first
201 conviction.
202 b. Not less than $1,000 or more than $2,000 for a second
203 conviction; and
204 2. By imprisonment for:
205 a. Not more than 6 months for a first conviction.
206 b. Not more than 9 months for a second conviction.
207 3. For a second conviction, by mandatory placement for a
208 period of at least 1 year, at the convicted person’s sole
209 expense, of an ignition interlock device approved by the
210 department in accordance with s. 316.1938 upon all vehicles that
211 are individually or jointly leased or owned and routinely
212 operated by the convicted person, when the convicted person
213 qualifies for a permanent or restricted license. The
214 installation of such device may not occur before July 1, 2003.
215 Effective October 1, 2016, the court shall order a qualified
216 sobriety and drug monitoring program as defined in subsection
217 (15) and authorized by 23 U.S.C. s. 164 in addition to the
218 placement of an ignition interlock device required by this
219 section.
220 (b)1. Any person who is convicted of a third violation of
221 this section for an offense that occurs within 10 years after a
222 prior conviction for a violation of this section commits a
223 felony of the third degree, punishable as provided in s.
224 775.082, s. 775.083, or s. 775.084. In addition, the court shall
225 order the mandatory placement for a period of not less than 2
226 years, at the convicted person’s sole expense, of an ignition
227 interlock device approved by the department in accordance with
228 s. 316.1938 upon all vehicles that are individually or jointly
229 leased or owned and routinely operated by the convicted person,
230 when the convicted person qualifies for a permanent or
231 restricted license. The installation of such device may not
232 occur before July 1, 2003. Effective October 1, 2016, the court
233 shall order a qualified sobriety and drug monitoring program as
234 defined in subsection (15) and authorized by 23 U.S.C. s. 164 in
235 addition to the placement of an ignition interlock device
236 required by this section.
237 2. Any person who is convicted of a third violation of this
238 section for an offense that occurs more than 10 years after the
239 date of a prior conviction for a violation of this section shall
240 be punished by a fine of not less than $2,000 or more than
241 $5,000 and by imprisonment for not more than 12 months. In
242 addition, the court shall order the mandatory placement for a
243 period of at least 2 years, at the convicted person’s sole
244 expense, of an ignition interlock device approved by the
245 department in accordance with s. 316.1938 upon all vehicles that
246 are individually or jointly leased or owned and routinely
247 operated by the convicted person, when the convicted person
248 qualifies for a permanent or restricted license. The
249 installation of such device may not occur before July 1, 2003.
250 Effective October 1, 2016, the court shall order a qualified
251 sobriety and drug monitoring program as defined in subsection
252 (15) and authorized by 23 U.S.C. s. 164 in addition to the
253 placement of an ignition interlock device required by this
254 section.
255 3. Any person who is convicted of a fourth or subsequent
256 violation of this section, regardless of when any prior
257 conviction for a violation of this section occurred, commits a
258 felony of the third degree, punishable as provided in s.
259 775.082, s. 775.083, or s. 775.084. However, the fine imposed
260 for such fourth or subsequent violation may be not less than
261 $2,000.
262 (c) In addition to the penalties in paragraph (a), the
263 court may order placement, at the convicted person’s sole
264 expense, of an ignition interlock device approved by the
265 department in accordance with s. 316.1938 for at least 6
266 continuous months upon all vehicles that are individually or
267 jointly leased or owned and routinely operated by the convicted
268 person if, at the time of the offense, the person had a blood
269 alcohol level or breath-alcohol level of .08 or higher.
270 Effective October 1, 2016, the court shall order a qualified
271 sobriety and drug monitoring program as defined in subsection
272 (15) and authorized by 23 U.S.C. s. 164 in addition to the
273 placement of an ignition interlock device required by this
274 section.
275 (4) Any person who is convicted of a violation of
276 subsection (1) and who has a blood-alcohol level or breath
277 alcohol level of 0.15 or higher, or any person who is convicted
278 of a violation of subsection (1) and who at the time of the
279 offense was accompanied in the vehicle by a person under the age
280 of 18 years, shall be punished:
281 (c) In addition to the penalties in paragraphs (a) and (b),
282 the court shall order the mandatory placement, at the convicted
283 person’s sole expense, of an ignition interlock device approved
284 by the department in accordance with s. 316.1938 upon all
285 vehicles that are individually or jointly leased or owned and
286 routinely operated by the convicted person for not less than 6
287 continuous months for the first offense and for not less than 2
288 continuous years for a second offense, when the convicted person
289 qualifies for a permanent or restricted license. Effective
290 October 1, 2016, the court shall order a qualified sobriety and
291 drug monitoring program as defined in subsection (15) and
292 authorized by 23 U.S.C. s. 164 in addition to the placement of
293 an ignition interlock device required by this section.
294 (6) With respect to any person convicted of a violation of
295 subsection (1), regardless of any penalty imposed pursuant to
296 subsection (2), subsection (3), or subsection (4):
297 (j)1. Notwithstanding the provisions of this section, s.
298 316.1937, and s. 322.2715 relating to ignition interlock devices
299 required for second or subsequent offenders, in order to
300 strengthen the pretrial and posttrial options available to
301 prosecutors and judges, the court shall may order, if deemed
302 appropriate, that a person participate in a qualified sobriety
303 and drug monitoring program, as defined in subsection (15)
304 subparagraph 2., in addition to the ignition interlock device
305 requirement. Participation is shall be at the person’s sole
306 expense.
307 2. As used in this paragraph, the term “qualified sobriety
308 and drug monitoring program” means an evidence-based program,
309 approved by the department, in which participants are regularly
310 tested for alcohol and drug use. As the court deems appropriate,
311 the program may monitor alcohol or drugs through one or more of
312 the following modalities: breath testing twice a day; continuous
313 transdermal alcohol monitoring in cases of hardship; or random
314 blood, breath, urine, or oral fluid testing. Testing modalities
315 that provide the best ability to sanction a violation as close
316 in time as reasonably feasible to the occurrence of the
317 violation should be given preference. This paragraph does not
318 preclude a court from ordering an ignition interlock device as a
319 testing modality.
320 3. For purposes of this paragraph, the term “evidence-based
321 program” means a program that satisfies the requirements of at
322 least two of the following:
323 a. The program is included in the federal registry of
324 evidence-based programs and practices.
325 b. The program has been reported in a peer-reviewed journal
326 as having positive effects on the primary targeted outcome.
327 c. The program has been documented as effective by informed
328 experts and other sources.
329
330 For the purposes of this section, any conviction for a violation
331 of s. 327.35; a previous conviction for the violation of former
332 s. 316.1931, former s. 860.01, or former s. 316.028; or a
333 previous conviction outside this state for driving under the
334 influence, driving while intoxicated, driving with an unlawful
335 blood-alcohol level, driving with an unlawful breath-alcohol
336 level, or any other similar alcohol-related or drug-related
337 traffic offense, is also considered a previous conviction for
338 violation of this section. However, in satisfaction of the fine
339 imposed pursuant to this section, the court may, upon a finding
340 that the defendant is financially unable to pay either all or
341 part of the fine, order that the defendant participate for a
342 specified additional period of time in public service or a
343 community work project in lieu of payment of that portion of the
344 fine which the court determines the defendant is unable to pay.
345 In determining such additional sentence, the court shall
346 consider the amount of the unpaid portion of the fine and the
347 reasonable value of the services to be ordered; however, the
348 court may not compute the reasonable value of services at a rate
349 less than the federal minimum wage at the time of sentencing.
350 (11) The Department of Highway Safety and Motor Vehicles is
351 directed to adopt rules providing for the implementation of the
352 use of ignition interlock devices and qualified sobriety and
353 drug monitoring programs defined in subsection (15).
354 (15) As used in this chapter and chapter 322, the term
355 “qualified sobriety and drug monitoring program” means an
356 evidence-based program, approved by the department, in which
357 participants are regularly tested for alcohol and drug use. As
358 the court deems appropriate, the program may monitor alcohol or
359 drugs through one or more of the following modalities: breath
360 testing twice a day; continuous transdermal alcohol monitoring
361 in cases of hardship; or random blood, breath, urine, drug
362 patch, or oral fluid testing. Testing modalities that detect a
363 violation as soon after it occurs as is reasonably feasible
364 should be given preference. Participation is at the person’s
365 sole expense. The term “evidence-based program” means a program
366 that satisfies at least two of the following requirements:
367 (a) The program is included in the federal registry of
368 evidence-based programs and practices.
369 (b) The program has been reported in a peer-reviewed
370 journal as having positive effects on the primary targeted
371 outcome.
372 (c) The program has been documented as effective by
373 informed experts and other sources.
374 Section 5. Subsection (5) of section 316.235, Florida
375 Statutes, is amended to read:
376 316.235 Additional lighting equipment.—
377 (5) A bus, as defined in s. 316.003(3), may be equipped
378 with a deceleration lighting system that which cautions
379 following vehicles that the bus is slowing, is preparing to
380 stop, or is stopped. Such lighting system shall consist of two
381 red or amber lights mounted in horizontal alignment on the rear
382 of the vehicle at or near the vertical centerline of the
383 vehicle, no greater than 12 inches apart, not higher than the
384 lower edge of the rear window or, if the vehicle has no rear
385 window, not higher than 72 inches from the ground. Such lights
386 shall be visible from a distance of not less than 300 feet to
387 the rear in normal sunlight. Lights are permitted to light and
388 flash during deceleration, braking, or standing and idling of
389 the bus. Vehicular hazard warning flashers may be used in
390 conjunction with or in lieu of a rear-mounted deceleration
391 lighting system.
392 Section 6. Subsections (1) and (3) of section 316.303,
393 Florida Statutes, are amended to read:
394 316.303 Television receivers.—
395 (1) A No motor vehicle may not be operated on the highways
396 of this state if the vehicle is shall be equipped with
397 television-type receiving equipment so located that the viewer
398 or screen is visible from the driver’s seat, unless the vehicle
399 is equipped with autonomous technology, as defined in s.
400 316.003, and is being operated in autonomous mode, as provided
401 in s. 316.85(2).
402 (3) This section does not prohibit the use of an electronic
403 display used in conjunction with a vehicle navigation system, or
404 an electronic display used by an operator of a vehicle equipped
405 and operating with driver-assistive truck platooning technology,
406 as defined in s. 316.003.
407 Section 7. Subsection (4) of section 320.02, Florida
408 Statutes, is amended to read:
409 320.02 Registration required; application for registration;
410 forms.—
411 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
412 944.607, and 985.4815, the owner of any motor vehicle registered
413 in the state shall notify the department in writing of any
414 change of address within 30 20 days of such change. The
415 notification shall include the registration license plate
416 number, the vehicle identification number (VIN) or title
417 certificate number, year of vehicle make, and the owner’s full
418 name.
419 Section 8. Paragraph (a) of subsection (1) of section
420 320.055, Florida Statutes, is amended to read:
421 320.055 Registration periods; renewal periods.—The
422 following registration periods and renewal periods are
423 established:
424 (1)(a) For a motor vehicle subject to registration under s.
425 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7), (8),
426 (9), or (10) and owned by a natural person, the registration
427 period begins the first day of the birth month of the owner and
428 ends the last day of the month immediately preceding the owner’s
429 birth month in the succeeding year. If such vehicle is
430 registered in the name of more than one person, the birth month
431 of the person whose name first appears on the registration shall
432 be used to determine the registration period. For a vehicle
433 subject to this registration period, the renewal period is the
434 30-day period ending at midnight on the last day of the vehicle
435 owner’s date of birth month.
436 Section 9. Paragraph (a) of subsection (3) of section
437 320.07, Florida Statutes, is amended to read:
438 320.07 Expiration of registration; renewal required;
439 penalties.—
440 (3) The operation of any motor vehicle without having
441 attached thereto a registration license plate and validation
442 stickers, or the use of any mobile home without having attached
443 thereto a mobile home sticker, for the current registration
444 period shall subject the owner thereof, if he or she is present,
445 or, if the owner is not present, the operator thereof to the
446 following penalty provisions:
447 (a) Any person whose motor vehicle or mobile home
448 registration has been expired for a period of 6 months or less
449 commits a noncriminal traffic infraction, punishable as a
450 nonmoving violation as provided in chapter 318. However, a law
451 enforcement officer may not issue a citation for a violation
452 under this paragraph until midnight on the last day of the
453 owner’s birth month of the year the registration expires.
454 Section 10. Subsection (9) of section 322.051, Florida
455 Statutes, is amended to read:
456 322.051 Identification cards.—
457 (9) Notwithstanding any other provision of this section or
458 s. 322.21 to the contrary, the department shall issue or renew a
459 card at no charge to a person who presents evidence satisfactory
460 to the department that he or she is homeless as defined in s.
461 414.0252(7), to a juvenile offender who is in the custody or
462 under the supervision of the Department of Juvenile Justice and
463 receiving services pursuant to s. 985.461, to an inmate
464 receiving a card issued pursuant to s. 944.605(7), or, if
465 necessary, to an inmate receiving a replacement card if the
466 department determines that he or she has a valid state
467 identification card. If the replacement state identification
468 card is scheduled to expire within 6 months, the department may
469 also issue a temporary permit valid for at least 6 months after
470 the release date. The department’s mobile issuing units shall
471 process the identification cards for juvenile offenders and
472 inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
473 Section 11. Subsections (1) and (2) of section 322.19,
474 Florida Statutes, are amended to read:
475 322.19 Change of address or name.—
476 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
477 944.607, and 985.4815, whenever any person, after applying for
478 or receiving a driver license or identification card, changes
479 his or her legal name, that person must within 30 10 days
480 thereafter obtain a replacement license or card that reflects
481 the change.
482 (2) If a Whenever any person, after applying for or
483 receiving a driver license or identification card, changes the
484 legal residence or mailing address in the application, or
485 license, or card, the person must, within 30 10 calendar days
486 after making the change, obtain a replacement license or card
487 that reflects the change. A written request to the department
488 must include the old and new addresses and the driver license or
489 identification card number. Any person who has a valid, current
490 student identification card issued by an educational institution
491 in this state is presumed not to have changed his or her legal
492 residence or mailing address. This subsection does not affect
493 any person required to register a permanent or temporary address
494 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
495 943.0435.
496 Section 12. Paragraph (f) of subsection (1) of section
497 322.21, Florida Statutes, is amended to read:
498 322.21 License fees; procedure for handling and collecting
499 fees.—
500 (1) Except as otherwise provided herein, the fee for:
501 (f) An original, renewal, or replacement identification
502 card issued pursuant to s. 322.051 is $25, except that an
503 applicant who presents evidence satisfactory to the department
504 that he or she is homeless as defined in s. 414.0252(7); or his
505 or her annual income is at or below 100 percent of the federal
506 poverty level; or he or she is a juvenile offender who is in the
507 custody or under the supervision of the Department of Juvenile
508 Justice, is receiving services pursuant to s. 985.461, and whose
509 identification card is issued by the department’s mobile issuing
510 units is exempt from such fee. Funds collected from fees for
511 original, renewal, or replacement identification cards shall be
512 distributed as follows:
513 1. For an original identification card issued pursuant to
514 s. 322.051, the fee shall be deposited into the General Revenue
515 Fund.
516 2. For a renewal identification card issued pursuant to s.
517 322.051, $6 shall be deposited into the Highway Safety Operating
518 Trust Fund, and $19 shall be deposited into the General Revenue
519 Fund.
520 3. For a replacement identification card issued pursuant to
521 s. 322.051, $9 shall be deposited into the Highway Safety
522 Operating Trust Fund, and $16 shall be deposited into the
523 General Revenue Fund. Beginning July 1, 2015, or upon completion
524 of the transition of the driver license issuance services, if
525 the replacement identification card is issued by the tax
526 collector, the tax collector shall retain the $9 that would
527 otherwise be deposited into the Highway Safety Operating Trust
528 Fund and the remaining revenues shall be deposited into the
529 General Revenue Fund.
530 Section 13. Subsection (3) of section 322.221, Florida
531 Statutes, is amended to read:
532 322.221 Department may require reexamination.—
533 (3)(a) Upon the conclusion of such examination or
534 reexamination the department shall take action as may be
535 appropriate and may suspend or revoke the license of such person
536 or permit him or her to retain such license, or may issue a
537 license subject to restrictions as permitted under s. 322.16.
538 Refusal or neglect of the licensee to submit to such examination
539 or reexamination shall be ground for suspension or revocation of
540 his or her license.
541 (b) If the department suspends or revokes the license of a
542 person due to his or her physical or mental condition, the
543 department shall issue an identification card to the person at
544 the time of the license suspension or revocation. The department
545 may not charge fees for the issuance of the identification card.
546 Section 14. Paragraph (e) of subsection (2) of section
547 322.271, Florida Statutes, is amended to read:
548 322.271 Authority to modify revocation, cancellation, or
549 suspension order.—
550 (2) At such hearing, the person whose license has been
551 suspended, canceled, or revoked may show that such suspension,
552 cancellation, or revocation causes a serious hardship and
553 precludes the person from carrying out his or her normal
554 business occupation, trade, or employment and that the use of
555 the person’s license in the normal course of his or her business
556 is necessary to the proper support of the person or his or her
557 family.
558 (e) The department, based upon review of the licensee’s
559 application for reinstatement, may require use of an ignition
560 interlock device pursuant to s. 322.2715. Effective October 1,
561 2016, a qualified sobriety and drug monitoring program as
562 defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
563 shall be ordered by the court in addition to the placement of
564 the ignition interlock device.
565 Section 15. Subsections (1), (3), and (4) of section
566 322.2715, Florida Statutes, are amended to read:
567 322.2715 Ignition interlock device.—
568 (1) Before issuing a permanent or restricted driver license
569 under this chapter, the department shall require the placement
570 of a department-approved ignition interlock device for any
571 person convicted of committing an offense of driving under the
572 influence as specified in subsection (3), except that
573 consideration may be given to those individuals having a
574 documented medical condition that would prohibit the device from
575 functioning normally. If a medical waiver has been granted for a
576 convicted person seeking a restricted license, the convicted
577 person shall not be entitled to a restricted license until the
578 required ignition interlock device installation period under
579 subsection (3) expires, in addition to the time requirements
580 under s. 322.271. If a medical waiver has been approved for a
581 convicted person seeking permanent reinstatement of the driver
582 license, the convicted person must be restricted to an
583 employment-purposes-only license and be supervised by a licensed
584 DUI program until the required ignition interlock device
585 installation period under subsection (3) expires. An interlock
586 device shall be placed on all vehicles that are individually or
587 jointly leased or owned and routinely operated by the convicted
588 person. Effective October 1, 2016, a qualified sobriety and drug
589 monitoring program as defined in s. 316.193(15) and authorized
590 by 23 U.S.C. s. 164 shall be used by the department in addition
591 to the placement of an ignition interlock device required by
592 this section.
593 (3) If the person is convicted of:
594 (a) A first offense of driving under the influence under s.
595 316.193 and has an unlawful blood-alcohol level or breath
596 alcohol level as specified in s. 316.193(1), the ignition
597 interlock device may be installed for at least 6 continuous
598 months.
599 (b) A first offense of driving under the influence under s.
600 316.193 and has an unlawful blood-alcohol level or breath
601 alcohol level as specified in s. 316.193(4), or if a person is
602 convicted of a violation of s. 316.193 and was at the time of
603 the offense accompanied in the vehicle by a person younger than
604 18 years of age, the person shall have the ignition interlock
605 device installed for at least 6 continuous months for the first
606 offense and for at least 2 continuous years for a second
607 offense.
608 (c) A second offense of driving under the influence, the
609 ignition interlock device shall be installed for a period of at
610 least 1 continuous year.
611 (d) A third offense of driving under the influence which
612 occurs within 10 years after a prior conviction for a violation
613 of s. 316.193, the ignition interlock device shall be installed
614 for a period of at least 2 continuous years.
615 (e) A third offense of driving under the influence which
616 occurs more than 10 years after the date of a prior conviction,
617 the ignition interlock device shall be installed for a period of
618 at least 2 continuous years.
619 (f) A fourth or subsequent offense of driving under the
620 influence, the ignition interlock device shall be installed for
621 a period of at least 5 years.
622
623 Effective October 1, 2016, for the offenses specified in this
624 subsection, a qualified sobriety and drug monitoring program as
625 defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
626 shall be used by the department in addition to the placement of
627 an ignition interlock device required by this section.
628 (4) If the court fails to order the mandatory placement of
629 the ignition interlock device or fails to order for the
630 applicable period the mandatory placement of an ignition
631 interlock device under s. 316.193 or s. 316.1937 at the time of
632 imposing sentence or within 30 days thereafter, the department
633 shall immediately require that the ignition interlock device be
634 installed as provided in this section, except that consideration
635 may be given to those individuals having a documented medical
636 condition that would prohibit the device from functioning
637 normally. Effective October 1, 2016, a qualified sobriety and
638 drug monitoring program as defined in s. 316.193(15) and
639 authorized by 23 U.S.C. s. 164 shall be used by the department
640 in addition to the placement of an ignition interlock device
641 required by this section. This subsection applies to the
642 reinstatement of the driving privilege following a revocation,
643 suspension, or cancellation that is based upon a conviction for
644 the offense of driving under the influence which occurs on or
645 after July 1, 2005.
646 Section 16. This act shall take effect October 1, 2016.