Senate Bill sb2224c1

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    Florida Senate - 2002                           CS for SB 2224

    By the Committee on Transportation; and Senator Sebesta





    306-2244-02

  1                      A bill to be entitled

  2         An act relating to the issuance of drivers'

  3         licenses; amending s. 322.01, F.S.; defining

  4         the term "county tax collector" to mean an

  5         authorized agent of the Department of Highway

  6         Safety and Motor Vehicles; amending ss. 322.03,

  7         322.05, F.S., relating to the issuance of

  8         drivers' licenses; authorizing the county tax

  9         collector to issue drivers' licenses;

10         prohibiting the county tax collector from

11         issuing licenses to certain persons; amending

12         s. 322.051, F.S.; authorizing the county tax

13         collector to issue identification cards;

14         providing for the tax collector to retain the

15         fee; amending s. 322.059, F.S.; providing for a

16         driver's license to be surrendered to the

17         county tax collector; amending ss. 322.07,

18         322.09, F.S.; authorizing the county tax

19         collector to issue instruction permits and

20         temporary licenses; amending s. 322.091, F.S.,

21         relating to requirements for school attendance;

22         conforming provisions to changes made by the

23         act; amending s. 322.12, F.S.; authorizing the

24         county tax collector to perform driver's

25         license examinations; providing for the tax

26         collector to retain a portion of the fee;

27         amending ss. 322.121, 322.13, 322.14, F.S.,

28         relating to reexaminations and examiners;

29         conforming provisions to changes made by the

30         act; amending ss. 322.141, 322.142, 322.161,

31         322.1615, F.S., relating to the color and types

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  1         of licenses; conforming provisions to changes

  2         made by the act; amending s. 322.17, F.S.;

  3         authorizing the county tax collector to issue

  4         duplicate and replacement licenses and

  5         change-of-address stickers; providing for the

  6         tax collector to retain a portion of the fee;

  7         amending s. 322.18, F.S., relating to license

  8         applications and expiration of licenses;

  9         conforming provisions to changes made by the

10         act; amending s. 322.20, F.S.; requiring the

11         county tax collector to maintain certain

12         records; amending s. 322.21, F.S.; requiring

13         that the county tax collector provide personnel

14         to perform the duties specified under the act;

15         providing for the county tax collector to

16         retain a portion of certain fees; amending s.

17         322.221, F.S.; authorizing the county tax

18         collector to require reexamination of a

19         licensed driver; amending s. 322.251, F.S.;

20         providing for a cancelled, suspended, or

21         revoked driver's license to be surrendered to

22         the county tax collector; amending s. 322.282,

23         F.S.; providing for the county tax collector to

24         issue a temporary driver's permit under certain

25         circumstances; amending s. 322.32, F.S.,

26         relating to penalties imposed for failure to

27         surrender a driver's license; conforming

28         provisions to changes made by the act;

29         providing for an effective date.

30

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

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  1         Section 1.  Present subsections (11) through (42) of

  2  section 322.01, Florida Statutes, are redesignated as

  3  subsections (12) through (43), respectively, and a new

  4  subsection (11) is added to that section, to read:

  5         322.01  Definitions.--As used in this chapter:

  6         (11)  "County tax collector" means the county tax

  7  collectors of this state performing as authorized agents of

  8  the department.

  9         Section 2.  Subsection (2) and paragraph (a) of

10  subsection (3) of section 322.03, Florida Statutes, are

11  amended to read:

12         322.03  Drivers must be licensed; penalties.--

13         (2)  Prior to issuing a driver's license, the

14  department or county tax collector shall require any person

15  who has been convicted two or more times of a violation of s.

16  316.193 or of a substantially similar alcohol-related or

17  drug-related offense outside this state within the preceding 5

18  years, or who has been convicted of three or more such

19  offenses within the preceding 10 years, to present proof of

20  successful completion of or enrollment in a

21  department-approved substance abuse education course. If the

22  person fails to complete such education course within 90 days

23  after issuance, the department shall cancel the license.

24  Further, prior to issuing the driver's license the department

25  or county tax collector shall require such person to present

26  proof of financial responsibility as provided in s. 324.031.

27  For the purposes of this paragraph, a previous conviction for

28  violation of former s. 316.028, former s. 316.1931, or former

29  s. 860.01 shall be considered a previous conviction for

30  violation of s. 316.193.

31

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  1         (3)(a)  The department or county tax collector may not

  2  issue a commercial driver's license to any person who is not a

  3  resident of this state.

  4         Section 3.  Section 322.05, Florida Statutes, is

  5  amended to read:

  6         322.05  Persons not to be licensed.--The department or

  7  county tax collector may not issue a license:

  8         (1)  To a person who is under the age of 16 years,

  9  except that the department or county tax collector may issue a

10  learner's driver's license to a person who is at least 15

11  years of age and who meets the requirements of ss. 322.091 and

12  322.1615 and of any other applicable law or rule.

13         (2)  To a person who is at least 16 years of age but is

14  under 18 years of age unless the person meets the requirements

15  of s. 322.091 and holds a valid:

16         (a)  Learner's driver's license for at least 12 months,

17  with no traffic convictions, before applying for a license;

18         (b)  Learner's driver's license for at least 12 months

19  and who has a traffic conviction but elects to attend a

20  traffic driving school for which adjudication must be withheld

21  pursuant to s. 318.14; or

22         (c)  License that was issued in another state or in a

23  foreign jurisdiction and that would not be subject to

24  suspension or revocation under the laws of this state.

25         (3)  To a person who is at least 16 years of age but

26  who is under 18 years of age, unless the parent, guardian, or

27  other responsible adult meeting the requirements of s. 322.09

28  certifies that he or she, or another licensed driver 21 years

29  of age or older, has accompanied the applicant for a total of

30  not less than 50 hours' behind-the-wheel experience, of which

31  not less than 10 hours must be at night. This subsection is

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  1  not intended to create a private cause of action as a result

  2  of the certification. The certification is inadmissible for

  3  any purpose in any civil proceeding.

  4         (4)  Except as provided by this subsection, to any

  5  person, as a Class A licensee, Class B licensee, Class C

  6  licensee, or Class D licensee, who is under the age of 18

  7  years.  A person age 16 or 17 years who applies for a Class D

  8  driver's license is subject to all the requirements and

  9  provisions of paragraphs (2)(a) and (b) and ss. 322.09 and

10  322.16(2) and (3). The department may require of any such

11  applicant for a Class D driver's license such examination of

12  the qualifications of the applicant as the department

13  considers proper, and the department may limit the use of any

14  license granted as it considers proper.

15         (5)  To any person whose license has been suspended,

16  during such suspension, nor to any person whose license has

17  been revoked, until the expiration of the period of revocation

18  imposed under the provisions of this chapter.

19         (6)  To any person, as a commercial motor vehicle

20  operator, whose privilege to operate a commercial motor

21  vehicle has been disqualified, until the expiration of the

22  period of disqualification.

23         (7)  To any person who is an habitual drunkard, or is

24  an habitual user of narcotic drugs, or is an habitual user of

25  any other drug to a degree which renders him or her incapable

26  of safely driving a motor vehicle.

27         (8)  To any person who has been adjudged to be

28  afflicted with or suffering from any mental disability or

29  disease and who has not at the time of application been

30  restored to competency by the methods provided by law.

31

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  1         (9)  To any person who is required by this chapter to

  2  take an examination, unless such person shall have

  3  successfully passed such examination.

  4         (10)  To any person, when the department has good cause

  5  to believe that the operation of a motor vehicle on the

  6  highways by such person would be detrimental to public safety

  7  or welfare. Deafness alone shall not prevent the person

  8  afflicted from being issued a Class D or Class E driver's

  9  license.

10         (11)  To any person who is ineligible under s. 322.056.

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

12  section 322.051, Florida Statutes, are amended to read:

13         322.051  Identification cards.--

14         (1)  Any person who is 12 years of age or older, or any

15  person who has a disability, regardless of age, who applies

16  for a disabled parking permit under s. 320.0848, may be issued

17  an identification card by the department or county tax

18  collector upon completion of an application and payment of an

19  application fee.

20         (a)  Each such application shall include the following

21  information regarding the applicant:

22         1.  Full name (first, middle or maiden, and last),

23  gender, social security card number, residence and mailing

24  address, and a brief description.

25         2.  Proof of birth date satisfactory to the department.

26         3.  Proof of identity satisfactory to the department.

27  Such proof must include one of the following unless a driver's

28  license record or identification card record has already been

29  established: a certified copy of a United States birth

30  certificate, a valid United States passport, an alien

31  registration receipt card (green card), an employment

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  1  authorization card issued by the United States Department of

  2  Justice, or proof of nonimmigrant classification provided by

  3  the United States Department of Justice, for an original

  4  identification card.

  5         (b)  An application for an identification card must be

  6  signed and verified by the applicant in a format designated by

  7  the department before a person authorized to administer oaths.

  8  The fee for an identification card is $3, including payment

  9  for the color photograph or digital image of the applicant.

10  The county tax collector shall retain the $3 as reimbursement

11  for the cost of providing the identification card.

12         (2)  Every identification card shall expire, unless

13  canceled earlier, on the fourth birthday of the applicant

14  following the date of original issue.  However, if an

15  individual is 60 years of age or older, and has an

16  identification card issued under this section, the card shall

17  not expire unless done so by cancellation by the department or

18  by the death of the cardholder.  Renewal of any identification

19  card shall be made for a term which shall expire on the fourth

20  birthday of the applicant following expiration of the

21  identification card renewed, unless surrendered earlier.  Any

22  application for renewal received later than 90 days after

23  expiration of the identification card shall be considered the

24  same as an application for an original identification card.

25  The renewal fee for an identification card shall be $3. The

26  county tax collector shall retain the $3 as reimbursement for

27  the cost of providing the identification card. The department

28  shall, at the end of 4 years and 6 months after the issuance

29  or renewal of an identification card, destroy any record of

30  the card if it has expired and has not been renewed, unless

31  the cardholder is 60 years of age or older.

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  1         (3)  In the event an identification card issued under

  2  this section is lost, destroyed, or mutilated or a new name is

  3  acquired, the person to whom it was issued may obtain a

  4  duplicate upon furnishing satisfactory proof of such fact to

  5  the department or county tax collector and upon payment of a

  6  fee of $2.50 for such duplicate, which shall include payment

  7  for the color photograph or digital image of the applicant.

  8  The issuing entity shall retain the $2.50 as reimbursement for

  9  the cost of providing the duplicate card. Any person who loses

10  an identification card and who, after obtaining a duplicate,

11  finds the original card shall immediately surrender the

12  original card to the department or county tax collector. The

13  same documentary evidence shall be furnished for a duplicate

14  as for an original identification card.

15         (4)  When used with reference to identification cards,

16  "cancellation" means that an identification card is terminated

17  without prejudice and must be surrendered. Cancellation of the

18  card may be made when a card has been issued through error or

19  when voluntarily surrendered to the department or county tax

20  collector.

21         Section 5.  Section 322.059, Florida Statutes, is

22  amended to read:

23         322.059  Mandatory surrender of suspended driver's

24  license and registration.--Any person whose driver's license

25  or registration has been suspended as provided in s. 322.058

26  must immediately return his or her driver's license and

27  registration to the Department of Highway Safety and Motor

28  Vehicles or county tax collector.  If such person fails to

29  return his or her driver's license or registration, any law

30  enforcement agent may seize the license or registration while

31  the driver's license or registration is suspended.

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  1         Section 6.  Section 322.07, Florida Statutes, is

  2  amended to read:

  3         322.07  Instruction permits and temporary licenses.--

  4         (1)  Any person who is at least 18 years of age and

  5  who, except for his or her lack of instruction in operating a

  6  motor vehicle, would otherwise be qualified to obtain a Class

  7  E driver's license under this chapter, may apply for a

  8  temporary instruction permit. The department or county tax

  9  collector shall issue such a permit entitling the applicant,

10  while having the permit in his or her immediate possession, to

11  drive a motor vehicle of the type for which a Class E driver's

12  license is required upon the highways for a period of 90 days,

13  but, except when operating a motorcycle or moped as defined in

14  s. 316.003, the person must be accompanied by a licensed

15  driver who is 21 years of age or older, who is licensed to

16  operate the class of vehicle being operated, and who is

17  actually occupying the closest seat to the right of the

18  driver.

19         (2)  The department or county tax collector may, in its

20  discretion, issue a temporary permit to an applicant for a

21  Class D or Class E driver's license permitting him or her to

22  operate a motor vehicle of the type for which a Class D or

23  Class E driver's license is required while the department is

24  completing its investigation and determination of all facts

25  relative to such applicant's right to receive a driver's

26  license.  Such permit must be in his or her immediate

27  possession while operating a motor vehicle, and it shall be

28  invalid when the applicant's license has been issued or for

29  good cause has been refused.

30         (3)  Any person who, except for his or her lack of

31  instruction in operating a Class D or commercial motor

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  1  vehicle, would otherwise be qualified to obtain a Class D or

  2  commercial driver's license under this chapter, may apply for

  3  a temporary Class D or temporary commercial instruction

  4  permit. The department or county tax collector shall issue

  5  such a permit entitling the applicant, while having the permit

  6  in his or her immediate possession, to drive a Class D or

  7  commercial motor vehicle on the highways, provided that:

  8         (a)  The applicant possesses a valid driver's license

  9  issued in any state; and

10         (b)  The applicant, while operating a Class D or

11  commercial motor vehicle, is accompanied by a licensed driver

12  who is 21 years of age or older, who is licensed to operate

13  the class of vehicle being operated, and who is actually

14  occupying the closest seat to the right of the driver.

15         Section 7.  Subsection (3) of section 322.09, Florida

16  Statutes, is amended to read:

17         322.09  Application of minors.--

18         (3)  The department or county tax collector may not

19  issue a driver's license or learner's driver's license to any

20  applicant under the age of 18 years who is not in compliance

21  with the requirements of s. 322.091.

22         Section 8.  Subsection (1), paragraph (e) of subsection

23  (2), and subsection (4) of section 322.091, Florida Statutes,

24  are amended to read:

25         322.091  Attendance requirements.--

26         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

27  PRIVILEGES.--A minor is not eligible for driving privileges

28  unless that minor:

29         (a)  Is enrolled in a public school, nonpublic school,

30  or home education program and satisfies relevant attendance

31  requirements;

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  1         (b)  Has received a high school diploma, a high school

  2  equivalency diploma, a special diploma, or a certificate of

  3  high school completion;

  4         (c)  Is enrolled in a study course in preparation for

  5  the Test of General Educational Development and satisfies

  6  relevant attendance requirements;

  7         (d)  Is enrolled in other educational activities

  8  approved by the district school board and satisfies relevant

  9  attendance requirements;

10         (e)  Has been issued a certificate of exemption

11  according to s. 232.06; or

12         (f)  Has received a hardship waiver under this section.

13

14  The department or county tax collector may not issue a

15  driver's license or learner's driver's license to, or shall

16  suspend the driver's license or learner's driver's license of,

17  any minor concerning whom the department receives notification

18  of noncompliance with the requirements of this section.

19         (2)  NOTIFICATION OF INTENT TO SUSPEND; SUSPENSION;

20  RECORD OF NONCOMPLIANCE.--

21         (e)  The department or county tax collector may not

22  issue a driver's license or learner's driver's license to any

23  minor for whom it has a record of noncompliance with the

24  requirements of subsection (1) unless the minor submits

25  verification of compliance pursuant to subsection (4).

26         (4)  VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A

27  district school board shall provide a minor with written

28  verification that he or she is in compliance with the

29  requirements of subsection (1) if the district determines that

30  he or she has been in compliance for 30 days prior to the

31  request for verification of compliance.  Upon receiving

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  1  written verification that the minor is again in compliance

  2  with the requirements of subsection (1), the department or

  3  county tax collector shall reinstate the minor's driving

  4  privilege.  Thereafter, if the school district determines that

  5  the minor is not in compliance with the requirements of

  6  subsection (1), the department shall suspend the minor's

  7  driving privilege until the minor is 18 years of age or

  8  otherwise satisfies the requirements of subsection (1),

  9  whichever occurs first.

10         Section 9.  Section 322.12, Florida Statutes, is

11  amended to read:

12         322.12  Examination of applicants.--

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

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

15  required to pass an examination pursuant to this section.

16  However, the department or county tax collector may waive the

17  knowledge, endorsement, and skills tests for an applicant who

18  is otherwise qualified and who surrenders a valid driver's

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

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

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

22  classification. A person who seeks to retain a

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

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

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

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

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

28  license in this state.

29         (2)  The department or county tax collector shall

30  examine every applicant for a driver's license, including an

31  applicant who is licensed in another state or country, except

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  1  as otherwise provided in this chapter. A person who holds a

  2  learner's driver's license as provided for in s. 322.1615 is

  3  not required to pay a fee for successfully completing the

  4  examination showing his or her ability to operate a motor

  5  vehicle as provided for herein and need not pay the fee for a

  6  replacement license as provided in s. 322.17(2). Any person

  7  who applies for reinstatement following the suspension or

  8  revocation of his or her driver's license shall pay a service

  9  fee of $25 following a suspension, and $50 following a

10  revocation, which is in addition to the fee for a license. Any

11  person who applies for reinstatement of a commercial driver's

12  license following the disqualification of his or her privilege

13  to operate a commercial motor vehicle shall pay a service fee

14  of $50, which is in addition to the fee for a license. The

15  department or county tax collector shall collect all of these

16  fees at the time of reinstatement, of which $11 shall be

17  retained as a service fee if the reinstated license is

18  provided by the county tax collector. The department or county

19  tax collector shall issue proper receipts for such fees and

20  shall promptly transmit all funds received by it as follows:

21         (a)  Of the $25 fee received from a licensee for

22  reinstatement following a suspension, if issued by the

23  department, shall deposit $15 shall be deposited in the

24  General Revenue Fund and the remaining $10 shall be deposited

25  in the Highway Safety Operating Trust Fund. If the county tax

26  collector reinstates the license, the tax collector shall

27  forward $14 of the $25 fee to the department for deposit into

28  the General Revenue Fund and shall retain $11 as a service

29  fee.

30         (b)  Of the $50 fee received from a licensee for

31  reinstatement following a revocation or disqualification, if

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  1  issued by the department, shall deposit $35 shall be deposited

  2  in the General Revenue Fund and the remaining $15 shall be

  3  deposited in the Highway Safety Operating Trust Fund. If the

  4  county tax collector reinstates the license, the tax collector

  5  shall forward $39 of the $50 fee to the department for deposit

  6  into the General Revenue Fund and shall retain $11 as a

  7  service fee.

  8

  9  If the revocation or suspension of the driver's license was

10  for a violation of s. 316.193, or for refusal to submit to a

11  lawful breath, blood, or urine test, an additional fee of $105

12  must be charged.  However, only one such $105 fee is to be

13  collected from one person convicted of such violations arising

14  out of the same incident. The department or county tax

15  collector shall collect the $105 fee and deposit it into the

16  Highway Safety Operating Trust Fund at the time of

17  reinstatement of the person's driver's license, but the fee

18  must not be collected if the suspension or revocation was

19  overturned.

20         (3)  For an applicant for a Class D or a Class E

21  driver's license, such examination shall include a test of the

22  applicant's eyesight given by the driver's license examiner

23  designated by the department or county tax collector or by a

24  licensed ophthalmologist, optometrist, or physician and a test

25  of the applicant's hearing given by a driver's license

26  examiner or a licensed physician. The examination shall also

27  include a test of the applicant's ability to read and

28  understand highway signs regulating, warning, and directing

29  traffic; his or her knowledge of the traffic laws of this

30  state, including laws regulating driving under the influence

31  of alcohol or controlled substances, driving with an unlawful

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  1  blood-alcohol level, and driving while intoxicated; and his or

  2  her knowledge of the effects of alcohol and controlled

  3  substances upon persons and the dangers of driving a motor

  4  vehicle while under the influence of alcohol or controlled

  5  substances and shall include an actual demonstration of

  6  ability to exercise ordinary and reasonable control in the

  7  operation of a motor vehicle.

  8         (4)  The examination for an applicant for a commercial

  9  driver's license shall include a test of the applicant's

10  eyesight given by a driver's license examiner designated by

11  the department or county tax collector or by a licensed

12  ophthalmologist, optometrist, or physician and a test of the

13  applicant's hearing given by a driver's license examiner or a

14  licensed physician.  The examination shall also include a test

15  of the applicant's ability to read and understand highway

16  signs regulating, warning, and directing traffic; his or her

17  knowledge of the traffic laws of this state pertaining to the

18  class of motor vehicle which he or she is applying to be

19  licensed to operate, including laws regulating driving under

20  the influence of alcohol or controlled substances, driving

21  with an unlawful blood-alcohol level, and driving while

22  intoxicated; his or her knowledge of the effects of alcohol

23  and controlled substances and the dangers of driving a motor

24  vehicle after having consumed alcohol or controlled

25  substances; and his or her knowledge of any special skills,

26  requirements, or precautions necessary for the safe operation

27  of the class of vehicle which he or she is applying to be

28  licensed to operate.  In addition, the examination shall

29  include an actual demonstration of the applicant's ability to

30  exercise ordinary and reasonable control in the safe operation

31  of a motor vehicle or combination of vehicles of the type

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  1  covered by the license classification which the applicant is

  2  seeking, including an examination of the applicant's ability

  3  to perform an inspection of his or her vehicle.

  4         (a)  The portion of the examination which tests an

  5  applicant's safe driving ability shall be administered by the

  6  department or by an entity authorized by the department to

  7  administer such examination, pursuant to s. 322.56.  Such

  8  examination shall be administered at a location approved by

  9  the department.

10         (b)  A person who seeks to retain a hazardous-materials

11  endorsement must, upon renewal, pass the test for such

12  endorsement as specified in s. 322.57(1)(d), if the person has

13  not taken and passed the hazardous-materials test within 2

14  years preceding his or her application for a commercial

15  driver's license in this state.

16         (5)(a)  The department shall formulate a separate

17  examination for applicants for licenses to operate

18  motorcycles.  Any applicant for a driver's license who wishes

19  to operate a motorcycle, and who is otherwise qualified, must

20  successfully complete such an examination, which is in

21  addition to the examination administered under subsection (3).

22  The examination must test the applicant's knowledge of the

23  operation of a motorcycle and of any traffic laws specifically

24  relating thereto and must include an actual demonstration of

25  his or her ability to exercise ordinary and reasonable control

26  in the operation of a motorcycle.  In the formulation of the

27  examination, the department shall consider the use of the

28  Motorcycle Operator Skills Test and the Motorcycle in Traffic

29  Test offered by the Motorcycle Safety Foundation. The

30  department or county tax collector shall indicate on the

31  license of any person who successfully completes the

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  1  examination that the licensee is authorized to operate a

  2  motorcycle.  If the applicant wishes to be licensed to operate

  3  a motorcycle only, he or she need not take the skill or road

  4  test required under subsection (3) for the operation of a

  5  motor vehicle, and the department or county tax collector

  6  shall indicate such a limitation on his or her license as a

  7  restriction. Every first-time applicant for licensure to

  8  operate a motorcycle who is under 21 years of age must provide

  9  proof of completion of a motorcycle safety course, as provided

10  for in s. 322.0255, before the applicant may be licensed to

11  operate a motorcycle.

12         (b)  The department or county tax collector may exempt

13  any applicant from the examination provided in this subsection

14  if the applicant presents a certificate showing successful

15  completion of a course approved by the department, which

16  course includes a similar examination of the knowledge and

17  skill of the applicant in the operation of a motorcycle.

18         Section 10.  Subsection (3) of section 322.121, Florida

19  Statutes, is amended to read:

20         322.121  Periodic reexamination of all drivers.--

21         (3)  For each licensee whose driving record does not

22  show any revocations, disqualifications, or suspensions for

23  the preceding 7 years or any convictions for the preceding 3

24  years except for convictions of the following nonmoving

25  violations:

26         (a)  Failure to exhibit a vehicle registration

27  certificate, rental agreement, or cab card pursuant to s.

28  320.0605;

29         (b)  Failure to renew a motor vehicle or mobile home

30  registration that has been expired for 4 months or less

31  pursuant to s. 320.07(3)(a);

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  1         (c)  Operating a motor vehicle with an expired license

  2  that has been expired for 4 months or less pursuant to s.

  3  322.065;

  4         (d)  Failure to carry or exhibit a license pursuant to

  5  s. 322.15(1); or

  6         (e)  Failure to notify the department or county tax

  7  collector of a change of address or name within 10 days

  8  pursuant to s. 322.19,

  9

10  the department or county tax collector shall cause such

11  licensee's license to be prominently marked with the notation

12  "Safe Driver."

13         Section 11.  Section 322.13, Florida Statutes, is

14  amended to read:

15         322.13  Driver's license examiners.--

16         (1)(a)  The department or county tax collector shall

17  designate employees or other persons to serve as driver's

18  license examiners who, upon accepting such designation, shall

19  conduct examinations hereunder, perform other assigned duties,

20  and make factual reports of findings and recommendations to

21  the department or county tax collector as it may require. In

22  the course of his or her duties, an examiner may is authorized

23  to administer oaths or have persons affirm as to the truth of

24  statements filed before him or her.

25         (b)  Those persons serving as driver's license

26  examiners are not liable for actions taken within the scope of

27  their employment or designation, except as provided by s.

28  768.28.

29         (2)  The department or county tax collector shall

30  further designate employees or other persons to serve as

31  driver's license examiners to enforce all driver's license

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  1  laws; suspension, revocation, and cancellation orders; and

  2  laws relating to the registration of motor vehicles entered in

  3  compliance with the provisions of this chapter and chapters

  4  320, 324, and 488. Upon designation, certain examiners shall

  5  be empowered to issue uniform traffic citations to persons

  6  found in violation of such chapters. Any person who fails or

  7  refuses to surrender his or her driver's license, registration

  8  certificate, and license plate upon lawful demand of an

  9  examiner is guilty of a misdemeanor of the second degree,

10  punishable as provided in s. 775.082 or s. 775.083. Persons

11  designated as examiners by the department or county tax

12  collector shall not be considered for membership in the state

13  high-risk retirement program.

14         Section 12.  Paragraph (a) of subsection (1) of section

15  322.14, Florida Statutes, is amended to read:

16         322.14  Licenses issued to drivers.--

17         (1)(a)  The department or county tax collector shall,

18  upon successful completion of all required examinations and

19  payment of the required fee, issue to every applicant

20  qualifying therefor, a driver's license as applied for, which

21  license shall bear thereon a color photograph or digital image

22  of the licensee; the name of the state; a distinguishing

23  number assigned to the licensee; and the licensee's full name,

24  date of birth, and mailing address; a brief description of the

25  licensee, including, but not limited to, the licensee's gender

26  and height; and the dates of issuance and expiration of the

27  license. A space shall be provided upon which the licensee

28  shall affix his or her usual signature. No license shall be

29  valid until it has been so signed by the licensee except that

30  the signature of said licensee shall not be required if it

31  appears thereon in facsimile or if the licensee is not present

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  1  within the state at the time of issuance. Applicants

  2  qualifying to receive a Class A, Class B, or Class C driver's

  3  license must appear in person within the state for issuance of

  4  a color photographic or digital imaged driver's license

  5  pursuant to s. 322.142.

  6         Section 13.  Section 322.141, Florida Statutes, is

  7  amended to read:

  8         322.141  Color of licenses.--

  9         (1)  All licenses originally issued or reissued by the

10  department or county tax collector to persons under the age of

11  21 years for the operation of motor vehicles shall have

12  markings or color which shall be obviously separate and

13  distinct from all other licenses issued by the department or

14  county tax collector for the operation of motor vehicles.

15         (2)(a)  All licenses for the operation of motor

16  vehicles originally issued or reissued by the department or

17  county tax collector to persons who have insulin-dependent

18  diabetes may, at the request of the applicant, have

19  distinctive markings separate and distinct from all other

20  licenses issued by the department or county tax collector.

21         (b)  At the time of application for original license or

22  reissue, the department or county tax collector shall require

23  such proof as it deems appropriate that a person has

24  insulin-dependent diabetes.

25         Section 14.  Subsections (1) and (2) of section

26  322.142, Florida Statutes, are amended to read:

27         322.142  Color photographic or digital imaged

28  licenses.--

29         (1)  The department or county tax collector shall, upon

30  receipt of the required fee, issue to each qualified applicant

31  for an original driver's license a color photographic or

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  1  digital imaged driver's license bearing a fullface photograph

  2  or digital image of the licensee.  A space shall be provided

  3  upon which the licensee shall affix his or her usual

  4  signature, as required in s. 322.14, in the presence of an

  5  authorized agent of the department or county tax collector so

  6  as to ensure that such signature becomes a part of the

  7  license.

  8         (2)  The department or county tax collector shall, upon

  9  receipt of the required fee, issue to each qualified licensee

10  applying for a renewal license in accordance with s. 322.18 a

11  color photographic or digital imaged license as provided for

12  in subsection (1).

13         Section 15.  Paragraphs (b) and (c) of subsection (1)

14  of section 322.161, Florida Statutes, are amended to read:

15         322.161  High-risk drivers; restricted licenses.--

16         (1)

17         (b)  Upon determination that any person has accumulated

18  six or more points, the department shall notify the licensee

19  and issue the licensee a restricted license for business

20  purposes only. The licensee must appear before the department

21  or county tax collector within 10 days after notification to

22  have this restriction applied. The period of restriction shall

23  be for a period of no less than 1 year beginning on the date

24  it is applied by the department or county tax collector.

25         (c)  The restriction shall be automatically withdrawn

26  by the department after 1 year if the licensee does not

27  accumulate any additional points.  If the licensee accumulates

28  any additional points, then the period of restriction shall be

29  extended 90 days for each point. The restriction shall also be

30  automatically withdrawn upon the licensee's 18th birthday if

31  no other grounds for restriction exist.  The licensee must

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  1  appear before the department or county tax collector to have

  2  the restriction removed and a duplicate license issued.

  3         Section 16.  Subsection (1) of section 322.1615,

  4  Florida Statutes, is amended to read:

  5         322.1615  Learner's driver's license.--

  6         (1)  The department or county tax collector may issue a

  7  learner's driver's license to a person who is at least 15

  8  years of age and who:

  9         (a)  Has passed the written examination for a learner's

10  driver's license;

11         (b)  Has passed the vision and hearing examination

12  administered under s. 322.12;

13         (c)  Has completed the traffic law and substance abuse

14  education course prescribed in s. 322.095; and

15         (d)  Meets all other requirements set forth in law and

16  by rule of the department.

17         Section 17.  Section 322.17, Florida Statutes, is

18  amended to read:

19         322.17  Duplicate and replacement certificates.--

20         (1)(a)  In the event that an instruction permit or

21  driver's license issued under the provisions of this chapter

22  is lost or destroyed, the person to whom the same was issued

23  may, upon payment of $10, obtain a duplicate, or substitute

24  thereof, upon furnishing proof satisfactory to the department

25  or county tax collector that such permit or license has been

26  lost or destroyed, and further furnishing the full name, date

27  of birth, sex, residence and mailing address, proof of birth

28  satisfactory to the department or county tax collector, and

29  proof of identity satisfactory to the department. Four Five

30  dollars of the fee levied in this paragraph shall go to the

31  Highway Safety Operating Trust Fund of the department and, if

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  1  the permit or license is reissued by the county tax collector,

  2  the tax collector shall retain $6 as a service fee.

  3         (b)  If In the event that an instruction permit or

  4  driver's license issued under the provisions of this chapter

  5  is stolen, the person to whom the same was issued may, at no

  6  charge, obtain a duplicate, or substitute thereof, upon

  7  furnishing proof satisfactory to the department or county tax

  8  collector that such permit or license was stolen and further

  9  furnishing the full name, date of birth, sex, residence and

10  mailing address, proof of birth satisfactory to the

11  department, and proof of identity satisfactory to the

12  department or county tax collector.

13         (2)  Upon the surrender of the original license and the

14  payment of a $10 replacement fee, the department or county tax

15  collector shall issue a replacement license to make a change

16  in name, address, or restrictions. If the department replaces

17  the license, the entire $10 fee shall be deposited into the

18  Highway Safety Operating Trust Fund. If the county tax

19  collector replaces the license, the tax collector shall

20  forward $4 of the $10 fee to the department for deposit into

21  the Highway Safety Operating Trust Fund and shall retain $6 as

22  reimbursement for the cost of replacing the license.

23         (3)  Upon written request by the licensee and

24  notification of a change in address, and the payment of a $10

25  fee, the department or county tax collector shall issue an

26  address sticker that which shall be affixed to the back of the

27  license by the licensee. If the department issues the address

28  sticker, the entire $10 fee shall be deposited into the

29  Highway Safety Operating Trust Fund. If the county tax

30  collector issues the address sticker, the tax collector shall

31  forward $5 of the $10 fee to the department for deposit into

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  1  the Highway Safety Operating Trust Fund and shall retain $5 as

  2  reimbursement for the cost of issuing the sticker. Nine

  3  dollars of the fee levied in this subsection shall go to the

  4  Highway Safety Operating Trust Fund of the department.

  5         Section 18.  Subsections (1), (4), (5), (6), (7), and

  6  (8) of section 322.18, Florida Statutes, are amended to read:

  7         322.18  Original applications, licenses, and renewals;

  8  expiration of licenses; delinquent licenses.--

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

10  department or county tax collector may issue an original

11  driver's license only after the applicant successfully passes

12  the required examinations and presents the application to the

13  department or county tax collector.

14         (b)  The department or county tax collector may waive

15  the driver's license examination requirement if the applicant

16  is otherwise qualified and surrenders a valid license issued

17  by another state, a province of Canada, or the United States

18  Armed Forces which is of an equal or lesser classification as

19  provided in s. 322.12.

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

21  licenses shall be renewable every 4 years or 6 years,

22  depending upon the terms of issuance and shall be issued or

23  extended upon application, payment of the fees required by s.

24  322.21, and successful passage of any required examination,

25  unless the department or county tax collector has reason to

26  believe that the licensee is no longer qualified to receive a

27  license.

28         (5)  All renewal driver's licenses may be issued after

29  the applicant licensee has been determined to be eligible by

30  the department or county tax collector.

31

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  1         (6)  If the licensee does not receive a renewal notice,

  2  the licensee or applicant may apply to the department or

  3  county tax collector, under oath, at any driver's license

  4  examining office. Such application shall be on a form prepared

  5  and furnished by the department. The department shall make

  6  such forms available to the various authorized examining

  7  offices throughout the state. Upon receipt of such

  8  application, the department or county tax collector shall

  9  issue a license or temporary permit to the applicant or shall

10  advise the applicant that no license or temporary permit will

11  be issued and advise the applicant of the reason for his or

12  her ineligibility.

13         (7)  An expired Florida driver's license may be renewed

14  any time within 12 months after the expiration date, with

15  reexamination, if required, upon payment of the required

16  delinquent fee or taking and passing the written examination.

17  If the final date upon which a license may be renewed under

18  this section falls upon a Saturday, Sunday, or legal holiday,

19  the renewal period shall be extended to midnight of the next

20  regular working day. The department or county tax collector

21  may refuse to issue any license if:

22         (a)  It has reason to believe the licensee is no longer

23  qualified to receive a license.

24         (b)  Its records reflect that the applicant's driving

25  privilege is under suspension or revocation.

26         (8)  The department or county tax collector shall issue

27  4-year and 6-year license extensions by mail, electronic, or

28  telephonic means without reexamination.

29         (a)  If the department or county tax collector

30  determines from its records that the holder of a license about

31  to expire is eligible for renewal, the department or county

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  1  tax collector shall mail a renewal notice to the licensee at

  2  his or her last known address, not less than 30 days prior to

  3  the licensee's birthday. The renewal notice shall direct the

  4  licensee to appear at an authorized a driver license office

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

  6  notice and the fees required by s. 322.21 to the department or

  7  county tax collector by mail, electronically, or

  8  telephonically within the 30 days preceding the licensee's

  9  birthday for a license extension. License extensions shall not

10  be available to drivers directed to appear for in-person

11  renewal.

12         (b)  Upon receipt of a properly completed renewal

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

14  that the licensee is still eligible for renewal, the

15  department or county tax collector shall send a license

16  extension sticker to the licensee to affix to the expiring

17  license as evidence that the license term has been extended.

18         (c)  The department or county tax collector shall issue

19  license extensions for two consecutive license expirations

20  only.  Upon expiration of two consecutive license extension

21  periods, in-person renewal with reexamination as provided in

22  s. 322.121 shall be required.  A person who is out of this

23  state when his or her license expires may be issued a 90-day

24  temporary driving permit without reexamination. At the end of

25  the 90-day period, the person must either return to this state

26  or apply for a license where the person is located, except for

27  a member of the Armed Forces as provided in s. 322.121(6).

28         (d)  In-person renewal at an authorized a driver

29  license office shall not be available to drivers whose records

30  indicate they were directed to apply for a license extension.

31

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

  2  stolen, fictitious, counterfeit, or unlawfully issued license

  3  extension sticker, unless possession by such person has been

  4  duly authorized by the department, commits a misdemeanor of

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

  6  775.083.

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

  8  equitable distribution of license extensions and renewals and

  9  the orderly implementation of this section.

10         Section 19.  Subsections (1), (3), (4), (11), (12),

11  (13), and (14) of section 322.20, Florida Statutes, are

12  amended to read:

13         322.20  Records of the department; fees; destruction of

14  records.--

15         (1)  The department shall maintain a record of every

16  application for license received by it or the county tax

17  collectors. The possession of such an application form,

18  whether filled out or in blank, or of a counterfeit thereof,

19  not authorized by the department or its personnel constitutes

20  a misdemeanor of the second degree, punishable as provided in

21  s. 775.082 or s. 775.083.

22         (3)  The department shall maintain convenient records

23  or make suitable notations, in order that the individual

24  driver history record of each licensee is readily available

25  for the consideration of the department or county tax

26  collector upon application for renewal of a license and at

27  other suitable times. The release by the department of the

28  driver history record, with respect to crashes involving a

29  licensee, shall not include any notation or record of the

30  occurrence of a motor vehicle crash unless the licensee

31  received a traffic citation as a direct result of the crash,

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  1  and to this extent such notation or record is exempt from the

  2  provisions of s. 119.07(1).

  3         (4)  It is unlawful for any person to falsify, alter,

  4  erase, remove, or destroy, or cause to be altered, erased,

  5  removed, or destroyed, any record maintained by the department

  6  or county tax collector unless the alteration, erasure,

  7  removal, or destruction has been duly authorized.

  8         (11)(a)  The department or county tax collector may is

  9  authorized to charge the following fees for the following

10  services and documents:

11         1.  For providing a transcript of any one individual's

12  driver history record or any portion thereof for the past 3

13  years or for searching for such record when no record is found

14  to be on file............................................$2.10

15         2.  For providing a transcript of any one individual's

16  driver history record or any portion thereof for the past 7

17  years or for searching for such record when no record is found

18  to be on file............................................$3.10

19         3.  For providing a certified copy of a transcript of

20  the driver history record or any portion thereof for any one

21  individual...............................................$3.10

22         4.  For providing a certified photographic copy of a

23  document, per page.......................................$1.00

24         5.  For providing an exemplified record..........$15.00

25         6.  For providing photocopies of documents, papers,

26  letters, clearances, or license or insurance status reports,

27  per page.................................................$0.50

28         7.  For assisting persons in searching any one

29  individual's driver record at a terminal located at the

30  department's general headquarters in Tallahassee.........$2.00

31

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  1         (b)  The department shall furnish such information

  2  without charge to any local, state, or federal law enforcement

  3  agency or court upon proof satisfactory to the department as

  4  to the purpose of the investigation.

  5         (12)  If the service is provided by the department, the

  6  fees collected under this section shall be placed in the

  7  Highway Safety Operating Trust Fund. If the service is

  8  provided by the county tax collector, the fees collected under

  9  this section shall be retained by the tax collector as

10  reimbursement for providing the service as agent of the

11  department.

12         (13)  The department or county tax collector may is

13  authorized in accordance with chapter 257, to destroy reports,

14  records, documents, papers, and correspondence in the Division

15  of Driver Licenses or the tax collector's office which are

16  considered obsolete.

17         (14)  The department or county tax collector may is

18  authorized to photograph, microphotograph, or reproduce on

19  film such documents, records, and reports as it may select.

20  The photographs or microphotographs in the form of film or

21  print of any records made in compliance with the provisions of

22  this section shall have the same force and effect as the

23  originals thereof and shall be treated as originals for the

24  purpose of their admissibility in evidence.  Duly certified or

25  authenticated reproductions of such photographs or

26  microphotographs shall be admitted in evidence equally with

27  the original photographs or microphotographs.

28         Section 20.  Subsections (2), (3), (4), and (5) of

29  section 322.21, Florida Statutes, are amended to read:

30         322.21  License fees; procedure for handling and

31  collecting fees.--

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  1         (2)  It is the duty of The Director of the Division of

  2  Driver Licenses shall to set up a division in the department

  3  with the necessary personnel to perform the necessary clerical

  4  and routine work for the department and the county tax

  5  collector shall provide sufficient personnel to perform all

  6  clerical and routine work for the tax collector in issuing and

  7  recording applications, licenses, and certificates of

  8  eligibility, including the receiving, and accounting, and

  9  proper disbursement of all license funds and their payment

10  into the State Treasury, and performing other incidental

11  clerical work connected with the administration of this

12  chapter. The department or county tax collector may is

13  authorized to use such electronic, mechanical, or other

14  devices as necessary to accomplish the purposes of this

15  chapter.

16         (3)  The department shall prepare sufficient forms for

17  certificates of eligibility, applications, notices, and

18  license materials to supply all authorized agents and all

19  applicants for driver's licenses and all renewal licenses.

20         (4)  If the department or county tax collector

21  determines from its records or is otherwise satisfied that the

22  holder of a license about to expire is entitled to have it

23  renewed, the department or county tax collector shall mail a

24  renewal notice to him or her at his or her last known address,

25  not less than 30 days prior to the licensee's birthday. The

26  licensee shall be issued a renewal license, after

27  reexamination, if required, during the 30 days immediately

28  preceding his or her birthday upon presenting a renewal

29  notice, his or her current license, and the fee for renewal to

30  the department or county tax collector at any driver's license

31  examining office.

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  1         (5)(a)  The department shall collect and transmit all

  2  fees received by it under this section to the Treasurer to be

  3  placed in the General Revenue Fund of the state, and

  4  sufficient funds for the necessary expenses of the department

  5  shall be included in the appropriations act.  The fees shall

  6  be used for the maintenance and operation of the department.

  7         (b)  A county tax collector, when serving as an

  8  authorized agent for the department, shall retain as

  9  reimbursement for actual services rendered the following

10  portions of fees:

11         1.  For renewal of a commercial driver's license as

12  provided under paragraph (1)(a), $7 of the $50 fee and, when

13  applicable, 50 cents of the delinquent fee of $1.

14         2.  For issuance of an original Class D or Class E

15  driver's license as provided under paragraph (1)(b) or a

16  learner's driver's license as provided under s. 322.1615, $13

17  of the $20 fee.

18         3.  For renewal or extension of a Class D or Class E

19  driver's license as provided under paragraph (1)(c) or a

20  license restricted to motorcycle use only, $5 of the $15 fee

21  and, when applicable, the delinquent fee of $1.

22         4.  For issuance of an original driver's license

23  restricted to motorcycle use only, $15 of the $20 fee.

24         5.  For issuance of an endorsement required under s.

25  322.57, $5.

26         Section 21.  Section 322.221, Florida Statutes, is

27  amended to read:

28         322.221  Department or county tax collector may require

29  reexamination.--

30         (1)  The department, having good cause to believe that

31  a licensed driver is incompetent or otherwise not qualified to

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  1  be licensed, may, at any time upon written notice of at least

  2  5 days to the licensee, require him or her to submit to an

  3  examination or reexamination. Good cause as used herein shall

  4  be construed to mean that a licensee's driving record, a

  5  report as provided in s. 322.126, or other evidence is

  6  sufficient to indicate that his or her driving privilege is

  7  detrimental to public safety.

  8         (2)(a)  The department may require an examination or

  9  reexamination to determine the competence and driving ability

10  of any driver causing or contributing to the cause of any

11  crash resulting in death, personal injury, or property damage.

12         (b)  The department or county tax collector may, in

13  their its discretion, require any licensed driver to submit to

14  an examination or reexamination prior to his or her normal

15  renewal date upon receipt of a recommendation from a court

16  having jurisdiction of traffic offenses, a law enforcement

17  agency, or a physician stating that the driver's ability to

18  operate a motor vehicle safely is questionable.  At the time

19  of renewal of his or her license a driver may be required to

20  submit to an examination or reexamination at the discretion of

21  the examiner if the physical appearance or actions of the

22  licensee give rise to serious doubt as to his or her ability

23  to operate a vehicle safely.

24         (c)  If the department or county tax collector has

25  reason to believe that a licensee is physically or mentally

26  unqualified to operate a motor vehicle, it may require the

27  licensee to submit medical reports regarding his or her

28  physical or mental condition to the department's medical

29  advisory board for its review and recommendation.  The

30  submission of medical reports shall be made without expense to

31  the state.

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  1         (3)  Upon the conclusion of such examination or

  2  reexamination the department shall take action as may be

  3  appropriate and may suspend or revoke the license of such

  4  person or permit him or her to retain such license, or may

  5  issue a license subject to restrictions as permitted under s.

  6  322.16.  Refusal or neglect of the licensee to submit to such

  7  examination or reexamination shall be ground for suspension or

  8  revocation of his or her license.

  9         Section 22.  Subsections (3) and (6) of section

10  322.251, Florida Statutes, are amended to read:

11         322.251  Notice of cancellation, suspension,

12  revocation, or disqualification of license.--

13         (3)  Whenever the driving privilege is suspended,

14  revoked, or disqualified under the provisions of this chapter,

15  the period of such suspension, revocation, or disqualification

16  shall be indicated on the order of suspension, revocation, or

17  disqualification, and the department shall require the

18  licensee whose driving privilege is suspended, revoked, or

19  disqualified to surrender all licenses then held by him or her

20  to the department or county tax collector. However, should the

21  person fail to surrender such licenses, the suspension,

22  revocation, or disqualification period shall not expire until

23  a period identical to the period for which the driving

24  privilege was suspended, revoked, or disqualified has expired

25  after the date of surrender of the licenses, or the date an

26  affidavit swearing such licenses are lost has been filed with

27  the department or county tax collector. In any instance where

28  the suspension, revocation, or disqualification order is

29  mailed as provided in this section herein, and the license is

30  not surrendered to the department, and such license thereafter

31  expires, the department or county tax collector may shall not

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    Florida Senate - 2002                           CS for SB 2224
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  1  renew that license until a period of time identical to the

  2  period of such suspension, revocation, or disqualification

  3  imposed has expired.

  4         (6)  Whenever a cancellation, suspension, revocation,

  5  or disqualification occurs, the department shall enter the

  6  cancellation, suspension, revocation, or disqualification

  7  order on the licensee's driver file 20 days after the notice

  8  was actually placed in the mail.  Any inquiry into the file

  9  after the 20-day period shall reveal that the license is

10  canceled, suspended, revoked, or disqualified and whether the

11  license has been received by the department or county tax

12  collector.

13         Section 23.  Paragraph (a) of subsection (2) of section

14  322.282, Florida Statutes, is amended to read:

15         322.282  Procedure when court revokes or suspends

16  license or driving privilege and orders reinstatement.--When a

17  court suspends or revokes a person's license or driving

18  privilege and, in its discretion, orders reinstatement as

19  provided by s. 322.28(2)(d) or former s. 322.261(5):

20         (2)(a)  The court shall issue an order of

21  reinstatement, on a form to be furnished by the department,

22  which the person may take to any driver's license examining

23  office. The department or county tax collector shall issue a

24  temporary driver's permit to a licensee who presents the

25  court's order of reinstatement, proof of completion of a

26  department-approved driver training or substance abuse

27  education course, and a written request for a hearing under s.

28  322.271. The permit shall not be issued if a record check by

29  the department or county tax collector shows that the person

30  has previously been convicted for a violation of s. 316.193,

31  former s. 316.1931, former s. 316.028, former s. 860.01, or a

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    Florida Senate - 2002                           CS for SB 2224
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  1  previous conviction outside this state for driving under the

  2  influence, driving while intoxicated, driving with an unlawful

  3  blood-alcohol level, or any similar alcohol-related or

  4  drug-related traffic offense; that the person's driving

  5  privilege has been previously suspended for refusal to submit

  6  to a lawful test of breath, blood, or urine; or that the

  7  person is otherwise not entitled to issuance of a driver's

  8  license. This paragraph shall not be construed to prevent the

  9  reinstatement of a license or driving privilege that is

10  presently suspended for driving with an unlawful blood-alcohol

11  level or a refusal to submit to a breath, urine, or blood test

12  and is also revoked for a conviction for a violation of s.

13  316.193 or former s. 316.1931, if the suspension and

14  revocation arise out of the same incident.

15         Section 24.  Subsection (4) of section 322.32, Florida

16  Statutes, is amended to read:

17         322.32  Unlawful use of license.--It is a misdemeanor

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

19  s. 775.083, for any person:

20         (4)  To fail or refuse to surrender to the department

21  or county tax collector or to any law enforcement officer,

22  upon lawful demand, any driver's license in his or her

23  possession that has been suspended, revoked, disqualified, or

24  canceled.

25         Section 25.  This act shall take effect October 1,

26  2002.

27

28

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    Florida Senate - 2002                           CS for SB 2224
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2224

  3

  4  The CS provides for the retention by applicable tax collectors
    of a portion of existing fees for specific driver license
  5  services performed by tax collectors.

  6
    Extends to applicable county tax collectors specific driver
  7  license-related duties and responsibilities currently granted
    to the department.
  8

  9

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12

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14

15

16

17

18

19

20

21

22

23

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