House Bill hb0059

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    Florida House of Representatives - 2001                  HB 59

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to driver's licenses; amending

  3         s. 322.12, F.S.; limiting waiver of certain

  4         tests to drivers under a certain age; amending

  5         s. 322.121, F.S.; requiring periodic

  6         reexamination of drivers over a certain age;

  7         amending s. 322.18, F.S.; revising provisions

  8         relating to issuance and renewal of driver's

  9         licenses with regard to applicants over a

10         certain age; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (1) of section 322.12, Florida

15  Statutes, is amended to read:

16         322.12  Examination of applicants.--

17         (1)  It is the intent of the Legislature that every

18  applicant for an original driver's license in this state be

19  required to pass an examination pursuant to this section.

20  However, the department may waive the knowledge, endorsement,

21  and skills tests for an applicant under 75 years of age who is

22  otherwise qualified and who surrenders a valid driver's

23  license from another state or a province of Canada, or a valid

24  driver's license issued by the United States Armed Forces, if

25  the driver applies for a Florida license of an equal or lesser

26  classification. A person who seeks to retain a

27  hazardous-materials endorsement, pursuant to s. 322.57(1)(d),

28  must pass the hazardous-materials test, upon surrendering his

29  or her commercial driver's license, if the person has not

30  taken and passed the hazardous-materials test within 2 years

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    Florida House of Representatives - 2001                  HB 59

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  1  preceding his or her application for a commercial driver's

  2  license in this state.

  3         Section 2.  Subsections (1) and (2) of section 322.121,

  4  Florida Statutes, are amended to read:

  5         322.121  Periodic reexamination of all drivers.--

  6         (1)  It is the intent of the Legislature that all

  7  licensed drivers in Florida be reexamined upon renewal of

  8  their licenses. Because only a small percentage of drivers in

  9  the state are categorized as problem drivers, the Legislature

10  intends that the large number of drivers under 75 years of age

11  who have not had any convictions for the 3 years preceding

12  renewal and whose driving privilege in this state has not been

13  revoked, disqualified, or suspended at any time during the 7

14  years preceding renewal be processed expeditiously upon

15  renewal of their licenses by examinations of their eyesight

16  and hearing only and that all other licensees be tested, in

17  addition to the eyesight and hearing examinations, with

18  respect to their ability to read and understand highway signs

19  regulating, warning, and directing traffic.

20         (2)  Each licensee must pass a reexamination at the

21  time of renewal, except as otherwise provided in this chapter.

22  For each licensee under 75 years of age whose driving record

23  does not show any convictions for the preceding 3 years or any

24  revocations, disqualifications, or suspensions for the

25  preceding 7 years; and who, at the time of renewal, presents a

26  renewal notice verifying such safe driving record, the

27  reexamination shall consist of tests of the licensee's

28  eyesight and hearing. For all other licensees, in addition to

29  the eyesight and hearing tests, the reexamination must include

30  tests of the ability to read and understand highway signs and

31  pavement markings regulating, warning, and directing traffic.

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    Florida House of Representatives - 2001                  HB 59

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  1         Section 3.  Subsections (2), (4), and (8) of section

  2  322.18, Florida Statutes, are amended to read:

  3         322.18  Original applications, licenses, and renewals;

  4  expiration of licenses; delinquent licenses.--

  5         (1)(a)  Except as provided in paragraph (b), the

  6  department may issue an original driver's license only after

  7  the applicant successfully passes the required examinations

  8  and presents the application to the department.

  9         (b)  The department may waive the driver's license

10  examination requirement if the applicant is otherwise

11  qualified and surrenders a valid license issued by another

12  state, a province of Canada, or the United States Armed Forces

13  which is of an equal or lesser classification as provided in

14  s. 322.12.

15         (2)  Each applicant who is entitled to the issuance of

16  a driver's license, as provided in this section, shall be

17  issued a driver's license, as follows:

18         (a)1.  An applicant under 75 years of age applying for

19  an original issuance shall be issued a driver's license which

20  expires at midnight on the licensee's birthday which next

21  occurs on or after the sixth anniversary of the date of issue.

22         2.  An applicant 75 years of age or older, but less

23  than 85 years of age, applying for an original issuance shall

24  be issued a driver's license which expires at midnight on the

25  licensee's birthday which next occurs on or after the fourth

26  anniversary of the date of issue.

27         3.  An applicant 85 years of age or older applying for

28  an original issuance shall be issued a driver's license which

29  expires at midnight on the licensee's birthday which next

30  occurs on or after the second anniversary of the date of

31  issue.

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  1         (b)  An applicant under 75 years of age applying for a

  2  renewal issuance or renewal extension shall be issued a

  3  driver's license or renewal extension sticker which expires at

  4  midnight on the licensee's birthday which next occurs 4 years

  5  after the month of expiration of the license being renewed,

  6  except that a driver under 75 years of age whose driving

  7  record reflects no convictions for the preceding 3 years shall

  8  be issued a driver's license or renewal extension sticker

  9  which expires at midnight on the licensee's birthday which

10  next occurs 6 years after the month of expiration of the

11  license being renewed.

12         (c)  An applicant 75 years of age or older, but less

13  than 85 years of age, applying for a renewal issuance or

14  renewal extension shall be issued a driver's license or

15  renewal extension sticker which expires at midnight on the

16  licensee's birthday which next occurs 4 years after the month

17  of expiration of the license being renewed.

18         (d)  An applicant 85 years of age or older applying for

19  a renewal issuance or renewal extension shall be issued a

20  driver's license or renewal extension sticker which expires at

21  midnight on the licensee's birthday which next occurs 2 years

22  after the month of expiration of the license being renewed.

23         (4)  Except as otherwise provided in this chapter, all

24  licenses shall be renewable every 2 years, 4 years, or 6

25  years, depending upon the terms of issuance and shall be

26  issued or extended upon application, payment of the fees

27  required by s. 322.21, and successful passage of any required

28  examination, unless the department has reason to believe that

29  the licensee is no longer qualified to receive a license.

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    Florida House of Representatives - 2001                  HB 59

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  1         (8)  The department shall issue 4-year and 6-year

  2  license extensions to drivers under 75 years of age by mail,

  3  electronic, or telephonic means without reexamination.

  4         (a)  If the department determines from its records that

  5  the holder of a license about to expire is eligible for

  6  renewal, the department shall mail a renewal notice to the

  7  licensee at his or her last known address, not less than 30

  8  days prior to the licensee's birthday.  The renewal notice

  9  shall direct the licensee to appear at a driver license office

10  for in-person renewal or to transmit the completed renewal

11  notice and the fees required by s. 322.21 to the department by

12  mail, electronically, or telephonically within the 30 days

13  preceding the licensee's birthday for a license extension.

14  License extensions shall not be available to drivers directed

15  to appear for in-person renewal.

16         (b)  Upon receipt of a properly completed renewal

17  notice, payment of the required fees, and upon determining

18  that the licensee is still eligible for renewal, the

19  department shall send a license extension sticker to the

20  licensee to affix to the expiring license as evidence that the

21  license term has been extended.

22         (c)  The department shall issue license extensions for

23  two consecutive license expirations only.  Upon expiration of

24  two consecutive license extension periods, in-person renewal

25  with reexamination as provided in s. 322.121 shall be

26  required.  A person who is out of this state when his or her

27  license expires may be issued a 90-day temporary driving

28  permit without reexamination. At the end of the 90-day period,

29  the person must either return to this state or apply for a

30  license where the person is located, except for a member of

31  the Armed Forces as provided in s. 322.121(6).

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    Florida House of Representatives - 2001                  HB 59

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  1         (d)  In-person renewal at a driver license office shall

  2  not be available to drivers whose records indicate they were

  3  directed to apply for a license extension.

  4         (e)  Any person who knowingly possesses any forged,

  5  stolen, fictitious, counterfeit, or unlawfully issued license

  6  extension sticker, unless possession by such person has been

  7  duly authorized by the department, commits a misdemeanor of

  8  the second degree, punishable as provided in s. 775.082 or s.

  9  775.083.

10         (f)  The department shall develop a plan for the

11  equitable distribution of license extensions and renewals and

12  the orderly implementation of this section.

13         Section 4.  This act shall take effect July 1, 2001.

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16                          HOUSE SUMMARY

17
      Limits waiver of certain tests to drivers under a certain
18    age. Requires periodic reexamination of drivers over a
      certain age. Revises provisions relating to issuance and
19    renewal of driver's licenses with regard to applicants
      over a certain age.
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