Senate Bill sb2224c2

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    Florida Senate - 2002                    CS for CS for SB 2224

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Transportation; and Senator Sebesta




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  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; defining the term

  7         "exclusive agent county tax collector";

  8         amending ss. 322.03, 322.05, F.S., relating to

  9         the issuance of drivers' licenses; authorizing

10         the county tax collector to issue drivers'

11         licenses; prohibiting the county tax collector

12         from issuing licenses to certain persons;

13         amending s. 322.051, F.S.; authorizing the

14         county tax collector to issue identification

15         cards; providing for the tax collector to

16         retain the fee; amending s. 322.059, F.S.;

17         providing for a driver's license to be

18         surrendered to the county tax collector;

19         amending ss. 322.07, 322.09, F.S.; authorizing

20         the county tax collector to issue instruction

21         permits and temporary licenses; amending s.

22         322.091, F.S., relating to requirements for

23         school attendance; conforming provisions to

24         changes made by the act; amending s. 322.12,

25         F.S.; authorizing the county tax collector to

26         perform driver's license examinations;

27         providing for the tax collector to retain a

28         portion of the fee; amending ss. 322.121,

29         322.13, 322.14, F.S., relating to

30         reexaminations and examiners; conforming

31         provisions to changes made by the act; amending

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  1         ss. 322.141, 322.142, 322.161, 322.1615, F.S.,

  2         relating to the color and types of licenses;

  3         conforming provisions to changes made by the

  4         act; amending s. 322.17, F.S.; authorizing the

  5         county tax collector to issue duplicate and

  6         replacement licenses and change-of-address

  7         stickers; providing for the tax collector to

  8         retain a portion of the fee; amending s.

  9         322.18, F.S., relating to license applications

10         and expiration of licenses; conforming

11         provisions to changes made by the act; amending

12         s. 322.20, F.S.; requiring the county tax

13         collector to maintain certain records; amending

14         s. 322.21, F.S.; requiring that the county tax

15         collector provide personnel to perform the

16         duties specified under the act; providing for

17         the county tax collector to retain a portion of

18         certain fees; amending s. 322.221, F.S.;

19         authorizing the county tax collector to require

20         reexamination of a licensed driver; amending s.

21         322.251, F.S.; providing for a cancelled,

22         suspended, or revoked driver's license to be

23         surrendered to the county tax collector;

24         amending s. 322.282, F.S.; providing for the

25         county tax collector to issue a temporary

26         driver's permit under certain circumstances;

27         amending s. 322.32, F.S., relating to penalties

28         imposed for failure to surrender a driver's

29         license; conforming provisions to changes made

30         by the act; providing an effective date.

31  

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

  2  

  3         Section 1.  Present subsections (11) through (17) of

  4  section 322.01, Florida Statutes, are redesignated as

  5  subsections (12) through (18), respectively, and new

  6  subsections (11) and (19) are added to that section, and

  7  present subsections (18) through (42) of that section are

  8  redesignated as subsections (20) through (44), respectively,

  9  to read:

10         322.01  Definitions.--As used in this chapter:

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

12  collectors of this state performing as:

13         (a)  Authorized by contract; or

14         (b)  Exclusive agents of the department.

15         (19)  "Exclusive Agent County Tax Collectors" means the

16  county tax collectors for Bradford, Escambia, Hillsborough,

17  Manatee, Pinellas, Saint Johns and Taylor counties.

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

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

20  amended to read:

21         322.03  Drivers must be licensed; penalties.--

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

23  department or an authorized or exclusive agent county tax

24  collector shall require any person who has been convicted two

25  or more times of a violation of s. 316.193 or of a

26  substantially similar alcohol-related or drug-related offense

27  outside this state within the preceding 5 years, or who has

28  been convicted of three or more such offenses within the

29  preceding 10 years, to present proof of successful completion

30  of or enrollment in a department-approved substance abuse

31  education course. If the person fails to complete such

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  1  education course within 90 days after issuance, the department

  2  shall cancel the license. Further, prior to issuing the

  3  driver's license the department or county tax collector shall

  4  require such person to present proof of financial

  5  responsibility as provided in s. 324.031. For the purposes of

  6  this paragraph, a previous conviction for violation of former

  7  s. 316.028, former s. 316.1931, or former s. 860.01 shall be

  8  considered a previous conviction for violation of s. 316.193.

  9         (3)(a)  The department or an authorized or exclusive

10  agent county tax collector may not issue a commercial driver's

11  license to any person who is not a resident of this state.

12         Section 3.  Section 322.05, Florida Statutes, is

13  amended to read:

14         322.05  Persons not to be licensed.--The department or

15  an authorized or exclusive agent county tax collector may not

16  issue a license:

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

18  except that the department or an authorized or exclusive agent

19  county tax collector may issue a learner's driver's license to

20  a person who is at least 15 years of age and who meets the

21  requirements of ss. 322.091 and 322.1615 and of any other

22  applicable law or rule.

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

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

25  of s. 322.091 and holds a valid:

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

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

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

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

30  traffic driving school for which adjudication must be withheld

31  pursuant to s. 318.14; or

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

  2  foreign jurisdiction and that would not be subject to

  3  suspension or revocation under the laws of this state.

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

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

  6  other responsible adult meeting the requirements of s. 322.09

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

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

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

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

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

12  of the certification. The certification is inadmissible for

13  any purpose in any civil proceeding.

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

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

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

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

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

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

20  322.16(2) and (3). The department may require of any such

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

22  the qualifications of the applicant as the department

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

24  license granted as it considers proper.

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

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

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

28  imposed under the provisions of this chapter.

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

30  operator, whose privilege to operate a commercial motor

31  

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  1  vehicle has been disqualified, until the expiration of the

  2  period of disqualification.

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

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

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

  6  of safely driving a motor vehicle.

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

  8  afflicted with or suffering from any mental disability or

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

10  restored to competency by the methods provided by law.

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

12  take an examination, unless such person shall have

13  successfully passed such examination.

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

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

16  highways by such person would be detrimental to public safety

17  or welfare. Deafness alone shall not prevent the person

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

19  license.

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

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

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

23         322.051  Identification cards.--

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

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

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

27  an identification card by the department or an authorized or

28  exclusive agent county tax collector upon completion of an

29  application and payment of an application fee.

30         (a)  Each such application shall include the following

31  information regarding the applicant:

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

  2  gender, social security card number, residence and mailing

  3  address, and a brief description.

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

  5         3.  Proof of identity satisfactory to the department.

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

  7  license record or identification card record has already been

  8  established: a certified copy of a United States birth

  9  certificate, a valid United States passport, an alien

10  registration receipt card (green card), an employment

11  authorization card issued by the United States Department of

12  Justice, or proof of nonimmigrant classification provided by

13  the United States Department of Justice, for an original

14  identification card.

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

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

17  the department before a person authorized to administer oaths.

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

19  for the color photograph or digital image of the applicant. An

20  exclusive agent county tax collector shall retain the $3 as

21  reimbursement for the cost of providing the identification

22  card.

23         (2)  Every identification card shall expire, unless

24  canceled earlier, on the fourth birthday of the applicant

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

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

27  identification card issued under this section, the card shall

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

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

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

31  birthday of the applicant following expiration of the

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  1  identification card renewed, unless surrendered earlier.  Any

  2  application for renewal received later than 90 days after

  3  expiration of the identification card shall be considered the

  4  same as an application for an original identification card.

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

  6  exclusive agent county tax collector shall retain the $3 as

  7  reimbursement for the cost of providing the identification

  8  card. The department shall, at the end of 4 years and 6 months

  9  after the issuance or renewal of an identification card,

10  destroy any record of the card if it has expired and has not

11  been renewed, unless the cardholder is 60 years of age or

12  older.

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

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

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

16  duplicate upon furnishing satisfactory proof of such fact to

17  the department or an authorized or exclusive county tax

18  collector and upon payment of a fee of $2.50 for such

19  duplicate, which shall include payment for the color

20  photograph or digital image of the applicant. The department

21  or an exclusive agent tax collector shall retain the $2.50 as

22  reimbursement for the cost of providing the duplicate card.

23  Any person who loses an identification card and who, after

24  obtaining a duplicate, finds the original card shall

25  immediately surrender the original card to the department or

26  an authorized or exclusive agent county tax collector. The

27  same documentary evidence shall be furnished for a duplicate

28  as for an original identification card.

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

30  "cancellation" means that an identification card is terminated

31  without prejudice and must be surrendered. Cancellation of the

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

  2  when voluntarily surrendered to the department or an

  3  authorized or exclusive agent county tax collector.

  4         Section 5.  Section 322.059, Florida Statutes, is

  5  amended to read:

  6         322.059  Mandatory surrender of suspended driver's

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

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

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

10  registration to the Department of Highway Safety and Motor

11  Vehicles or an authorized or exclusive agent county tax

12  collector.  If such person fails to return his or her driver's

13  license or registration, any law enforcement agent may seize

14  the license or registration while the driver's license or

15  registration is suspended.

16         Section 6.  Section 322.07, Florida Statutes, is

17  amended to read:

18         322.07  Instruction permits and temporary licenses.--

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

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

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

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

23  temporary instruction permit. The department or an authorized

24  or exclusive agent county tax collector shall issue such a

25  permit entitling the applicant, while having the permit in his

26  or her immediate possession, to drive a motor vehicle of the

27  type for which a Class E driver's license is required upon the

28  highways for a period of 90 days, but, except when operating a

29  motorcycle or moped as defined in s. 316.003, the person must

30  be accompanied by a licensed driver who is 21 years of age or

31  older, who is licensed to operate the class of vehicle being

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  1  operated, and who is actually occupying the closest seat to

  2  the right of the driver.

  3         (2)  The department or an authorized or exclusive agent

  4  county tax collector may, in its discretion, issue a temporary

  5  permit to an applicant for a Class D or Class E driver's

  6  license permitting him or her to operate a motor vehicle of

  7  the type for which a Class D or Class E driver's license is

  8  required while the department is completing its investigation

  9  and determination of all facts relative to such applicant's

10  right to receive a driver's license.  Such permit must be in

11  his or her immediate possession while operating a motor

12  vehicle, and it shall be invalid when the applicant's license

13  has been issued or for good cause has been refused.

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

15  instruction in operating a Class D or commercial motor

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

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

18  a temporary Class D or temporary commercial instruction

19  permit. The department or an authorized or exclusive agent

20  county tax collector shall issue such a permit entitling the

21  applicant, while having the permit in his or her immediate

22  possession, to drive a Class D or commercial motor vehicle on

23  the highways, provided that:

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

25  issued in any state; and

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

27  commercial motor vehicle, is accompanied by a licensed driver

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

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

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

31  

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

  2  Statutes, is amended to read:

  3         322.09  Application of minors.--

  4         (3)  The department or an authorized or exclusive agent

  5  county tax collector may not issue a driver's license or

  6  learner's driver's license to any applicant under the age of

  7  18 years who is not in compliance with the requirements of s.

  8  322.091.

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

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

11  are amended to read:

12         322.091  Attendance requirements.--

13         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

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

15  unless that minor:

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

17  or home education program and satisfies relevant attendance

18  requirements;

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

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

21  high school completion;

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

23  the Test of General Educational Development and satisfies

24  relevant attendance requirements;

25         (d)  Is enrolled in other educational activities

26  approved by the district school board and satisfies relevant

27  attendance requirements;

28         (e)  Has been issued a certificate of exemption

29  according to s. 232.06; or

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

31  

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  1  The department or an authorized or exclusive agent county tax

  2  collector may not issue a driver's license or learner's

  3  driver's license to, or the department shall suspend the

  4  driver's license or learner's driver's license of, any minor

  5  concerning whom the department receives notification of

  6  noncompliance with the requirements of this section.

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

  8  RECORD OF NONCOMPLIANCE.--

  9         (e)  The department or an authorized or exclusive agent

10  county tax collector may not issue a driver's license or

11  learner's driver's license to any minor for whom it has a

12  record of noncompliance with the requirements of subsection

13  (1) unless the minor submits verification of compliance

14  pursuant to subsection (4).

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

16  district school board shall provide a minor with written

17  verification that he or she is in compliance with the

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

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

20  request for verification of compliance.  Upon receiving

21  written verification that the minor is again in compliance

22  with the requirements of subsection (1), the department or an

23  authorized or exclusive county tax collector shall reinstate

24  the minor's driving privilege.  Thereafter, if the school

25  district determines that the minor is not in compliance with

26  the requirements of subsection (1), the department shall

27  suspend the minor's driving privilege until the minor is 18

28  years of age or otherwise satisfies the requirements of

29  subsection (1), whichever occurs first.

30         Section 9.  Section 322.12, Florida Statutes, is

31  amended to read:

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  1         322.12  Examination of applicants.--

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

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

  4  required to pass an examination pursuant to this section.

  5  However, the department or an authorized or exclusive agent

  6  county tax collector may waive the knowledge, endorsement, and

  7  skills tests for an applicant who is otherwise qualified and

  8  who surrenders a valid driver's license from another state or

  9  a province of Canada, or a valid driver's license issued by

10  the United States Armed Forces, if the driver applies for a

11  Florida license of an equal or lesser classification. A person

12  who seeks to retain a hazardous-materials endorsement,

13  pursuant to s. 322.57(1)(d), must pass the hazardous-materials

14  test, upon surrendering his or her commercial driver's

15  license, if the person has not taken and passed the

16  hazardous-materials test within 2 years preceding his or her

17  application for a commercial driver's license in this state.

18         (2)  The department or an authorized or exclusive agent

19  county tax collector shall examine every applicant for a

20  driver's license, including an applicant who is licensed in

21  another state or country, except as otherwise provided in this

22  chapter. A person who holds a learner's driver's license as

23  provided for in s. 322.1615 is not required to pay a fee for

24  successfully completing the examination showing his or her

25  ability to operate a motor vehicle as provided for herein and

26  need not pay the fee for a replacement license as provided in

27  s. 322.17(2). Any person who applies for reinstatement

28  following the suspension or revocation of his or her driver's

29  license shall pay a service fee of $25 following a suspension,

30  and $50 following a revocation, which is in addition to the

31  fee for a license. Any person who applies for reinstatement of

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  1  a commercial driver's license following the disqualification

  2  of his or her privilege to operate a commercial motor vehicle

  3  shall pay a service fee of $50, which is in addition to the

  4  fee for a license. The department or an authorized or

  5  exclusive agent county tax collector shall collect all of

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

  7  retained as a service fee if the reinstated license is

  8  provided by an exclusive agent county tax collector. The

  9  department or an authorized or exclusive agent county tax

10  collector shall issue proper receipts for such fees and shall

11  promptly transmit all funds received by it as follows:

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

13  reinstatement following a suspension, if issued by the

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

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

16  in the Highway Safety Operating Trust Fund. If an exclusive

17  agent county tax collector reinstates the license, the tax

18  collector shall forward $14 of the $25 fee to the department

19  for deposit into the General Revenue Fund and shall retain $11

20  as a service fee.

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

22  reinstatement following a revocation or disqualification, if

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

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

25  deposited in the Highway Safety Operating Trust Fund. If an

26  exclusive agent county tax collector reinstates the license,

27  the tax collector shall forward $39 of the $50 fee to the

28  department for deposit into the General Revenue Fund and shall

29  retain $11 as a service fee.

30  

31  

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

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

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

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

  5  collected from one person convicted of such violations arising

  6  out of the same incident. The department or an authorized or

  7  exclusive agent county tax collector shall collect the $105

  8  fee and deposit it into the Highway Safety Operating Trust

  9  Fund at the time of reinstatement of the person's driver's

10  license, but the fee must not be collected if the suspension

11  or revocation was overturned.

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

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

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

15  designated by the department or an authorized or exclusive

16  agent county tax collector or by a licensed ophthalmologist,

17  optometrist, or physician and a test of the applicant's

18  hearing given by a driver's license examiner or a licensed

19  physician. The examination shall also include a test of the

20  applicant's ability to read and understand highway signs

21  regulating, warning, and directing traffic; his or her

22  knowledge of the traffic laws of this state, including laws

23  regulating driving under the influence of alcohol or

24  controlled substances, driving with an unlawful blood-alcohol

25  level, and driving while intoxicated; and his or her knowledge

26  of the effects of alcohol and controlled substances upon

27  persons and the dangers of driving a motor vehicle while under

28  the influence of alcohol or controlled substances and shall

29  include an actual demonstration of ability to exercise

30  ordinary and reasonable control in the operation of a motor

31  vehicle.

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

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

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

  4  the department or an authorized or exclusive agent county tax

  5  collector or by a licensed ophthalmologist, optometrist, or

  6  physician and a test of the applicant's hearing given by a

  7  driver's license examiner or a licensed physician.  The

  8  examination shall also include a test of the applicant's

  9  ability to read and understand highway signs regulating,

10  warning, and directing traffic; his or her knowledge of the

11  traffic laws of this state pertaining to the class of motor

12  vehicle which he or she is applying to be licensed to operate,

13  including laws regulating driving under the influence of

14  alcohol or controlled substances, driving with an unlawful

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

16  knowledge of the effects of alcohol and controlled substances

17  and the dangers of driving a motor vehicle after having

18  consumed alcohol or controlled substances; and his or her

19  knowledge of any special skills, requirements, or precautions

20  necessary for the safe operation of the class of vehicle which

21  he or she is applying to be licensed to operate.  In addition,

22  the examination shall include an actual demonstration of the

23  applicant's ability to exercise ordinary and reasonable

24  control in the safe operation of a motor vehicle or

25  combination of vehicles of the type covered by the license

26  classification which the applicant is seeking, including an

27  examination of the applicant's ability to perform an

28  inspection of his or her vehicle.

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

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

31  department or by an entity authorized by the department to

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

  2  examination shall be administered at a location approved by

  3  the department.

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

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

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

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

  8  years preceding his or her application for a commercial

  9  driver's license in this state.

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

11  examination for applicants for licenses to operate

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

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

14  successfully complete such an examination, which is in

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

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

17  operation of a motorcycle and of any traffic laws specifically

18  relating thereto and must include an actual demonstration of

19  his or her ability to exercise ordinary and reasonable control

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

21  examination, the department shall consider the use of the

22  Motorcycle Operator Skills Test and the Motorcycle in Traffic

23  Test offered by the Motorcycle Safety Foundation. The

24  department or an authorized or exclusive agent county tax

25  collector shall indicate on the license of any person who

26  successfully completes the examination that the licensee is

27  authorized to operate a motorcycle.  If the applicant wishes

28  to be licensed to operate a motorcycle only, he or she need

29  not take the skill or road test required under subsection (3)

30  for the operation of a motor vehicle, and the department or an

31  authorized or exclusive agent county tax collector shall

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  1  indicate such a limitation on his or her license as a

  2  restriction. Every first-time applicant for licensure to

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

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

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

  6  operate a motorcycle.

  7         (b)  The department or an authorized or exclusive agent

  8  county tax collector may exempt any applicant from the

  9  examination provided in this subsection if the applicant

10  presents a certificate showing successful completion of a

11  course approved by the department, which course includes a

12  similar examination of the knowledge and skill of the

13  applicant in the operation of a motorcycle.

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

15  Statutes, is amended to read:

16         322.121  Periodic reexamination of all drivers.--

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

18  show any revocations, disqualifications, or suspensions for

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

20  years except for convictions of the following nonmoving

21  violations:

22         (a)  Failure to exhibit a vehicle registration

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

24  320.0605;

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

26  registration that has been expired for 4 months or less

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

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

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

30  322.065;

31  

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

  2  s. 322.15(1); or

  3         (e)  Failure to notify the department or an authorized

  4  or exclusive agent county tax collector of a change of address

  5  or name within 10 days pursuant to s. 322.19,

  6  

  7  the department or an authorized or exclusive agent county tax

  8  collector shall cause such licensee's license to be

  9  prominently marked with the notation "Safe Driver."

10         Section 11.  Section 322.13, Florida Statutes, is

11  amended to read:

12         322.13  Driver's license examiners.--

13         (1)(a)  The department or an authorized or exclusive

14  agent county tax collector shall designate employees or other

15  persons to serve as driver's license examiners who, upon

16  accepting such designation, shall conduct examinations

17  hereunder, perform other assigned duties, and make factual

18  reports of findings and recommendations to the department or

19  county tax collector as it may require. In the course of his

20  or her duties, an examiner may is authorized to administer

21  oaths or have persons affirm as to the truth of statements

22  filed before him or her.

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

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

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

26  768.28.

27         (2)  The department or an authorized or exclusive agent

28  county tax collector shall further designate employees or

29  other persons to serve as driver's license examiners to

30  enforce all driver's license laws; suspension, revocation, and

31  cancellation orders; and laws relating to the registration of

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  1  motor vehicles entered in compliance with the provisions of

  2  this chapter and chapters 320, 324, and 488. Upon designation,

  3  certain examiners shall be empowered to issue uniform traffic

  4  citations to persons found in violation of such chapters. Any

  5  person who fails or refuses to surrender his or her driver's

  6  license, registration certificate, and license plate upon

  7  lawful demand of an examiner is guilty of a misdemeanor of the

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

  9  775.083. Persons designated as examiners by the department or

10  county tax collector shall not be considered for membership in

11  the state high-risk retirement program.

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

13  322.14, Florida Statutes, is amended to read:

14         322.14  Licenses issued to drivers.--

15         (1)(a)  The department or an authorized or exclusive

16  agent county tax collector shall, upon successful completion

17  of all required examinations and payment of the required fee,

18  issue to every applicant qualifying therefor, a driver's

19  license as applied for, which license shall bear thereon a

20  color photograph or digital image of the licensee; the name of

21  the state; a distinguishing number assigned to the licensee;

22  and the licensee's full name, date of birth, and mailing

23  address; a brief description of the licensee, including, but

24  not limited to, the licensee's gender and height; and the

25  dates of issuance and expiration of the license. A space shall

26  be provided upon which the licensee shall affix his or her

27  usual signature. No license shall be valid until it has been

28  so signed by the licensee except that the signature of said

29  licensee shall not be required if it appears thereon in

30  facsimile or if the licensee is not present within the state

31  at the time of issuance. Applicants qualifying to receive a

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  1  Class A, Class B, or Class C driver's license must appear in

  2  person within the state for issuance of a color photographic

  3  or digital imaged driver's license pursuant to s. 322.142.

  4         Section 13.  Section 322.141, Florida Statutes, is

  5  amended to read:

  6         322.141  Color of licenses.--

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

  8  department or an authorized or exclusive agent county tax

  9  collector to persons under the age of 21 years for the

10  operation of motor vehicles shall have markings or color which

11  shall be obviously separate and distinct from all other

12  licenses issued by the department or county tax collector for

13  the operation of motor vehicles.

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

15  vehicles originally issued or reissued by the department or an

16  authorized or exclusive agent county tax collector to persons

17  who have insulin-dependent diabetes may, at the request of the

18  applicant, have distinctive markings separate and distinct

19  from all other licenses issued by the department or county tax

20  collector.

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

22  reissue, the department or an authorized or exclusive agent

23  county tax collector shall require such proof as it deems

24  appropriate that a person has 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 an authorized or exclusive agent

30  county tax collector shall, upon receipt of the required fee,

31  issue to each qualified applicant for an original driver's

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  1  license a color photographic or digital imaged driver's

  2  license bearing a fullface photograph or digital image of the

  3  licensee.  A space shall be provided upon which the licensee

  4  shall affix his or her usual signature, as required in s.

  5  322.14, in the presence of an authorized agent of the

  6  department or county tax collector so as to ensure that such

  7  signature becomes a part of the license.

  8         (2)  The department or an authorized or exclusive agent

  9  county tax collector shall, upon receipt of the required fee,

10  issue to each qualified licensee applying for a renewal

11  license in accordance with s. 322.18 a color photographic or

12  digital imaged license as provided for 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 an authorized or exclusive agent county tax collector

22  within 10 days after notification to have this restriction

23  applied. The period of restriction shall be for a period of no

24  less than 1 year beginning on the date it is applied by the

25  department or county tax collector.

26         (c)  The restriction shall be automatically withdrawn

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

28  accumulate any additional points.  If the licensee accumulates

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

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

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

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  1  no other grounds for restriction exist.  The licensee must

  2  appear before the department or an authorized or exclusive

  3  agent county tax collector to have the restriction removed and

  4  a duplicate license issued.

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

  6  Florida Statutes, is amended to read:

  7         322.1615  Learner's driver's license.--

  8         (1)  The department or an authorized or exclusive agent

  9  county tax collector may issue a learner's driver's license to

10  a person who is at least 15 years of age and who:

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

12  driver's license;

13         (b)  Has passed the vision and hearing examination

14  administered under s. 322.12;

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

16  education course prescribed in s. 322.095; and

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

18  by rule of the department.

19         Section 17.  Section 322.17, Florida Statutes, is

20  amended to read:

21         322.17  Duplicate and replacement certificates.--

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

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

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

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

26  thereof, upon furnishing proof satisfactory to the department

27  or an authorized or exclusive agent county tax collector that

28  such permit or license has been lost or destroyed, and further

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

30  mailing address, proof of birth satisfactory to the department

31  or county tax collector, and proof of identity satisfactory to

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  1  the department. Five dollars of the fee levied in this

  2  paragraph shall go to the Highway Safety Operating Trust Fund

  3  when the duplicate or substitute is issued by of the

  4  department and, if the permit or license is reissued by an

  5  exclusive agent county tax collector, the tax collector shall

  6  retain $6 as a service fee, and $4 shall go to the Highway

  7  Safety Operating Trust Fund.

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

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

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

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

12  furnishing proof satisfactory to the department or an

13  authorized or exclusive agent county tax collector that such

14  permit or license was stolen and further furnishing the full

15  name, date of birth, sex, residence and mailing address, proof

16  of birth satisfactory to the department, and proof of identity

17  satisfactory to the department or county tax collector.

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

19  payment of a $10 replacement fee, the department or an

20  authorized or exclusive agent county tax collector shall issue

21  a replacement license to make a change in name, address, or

22  restrictions. If the department replaces the license, the

23  entire $10 fee shall be deposited into the Highway Safety

24  Operating Trust Fund. If an exclusive agent county tax

25  collector replaces the license, the tax collector shall

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

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

28  reimbursement for the cost of replacing the license.

29         (3)  Upon written request by the licensee and

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

31  fee, the department or an authorized or exclusive agent county

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  1  tax collector shall issue an address sticker that which shall

  2  be affixed to the back of the license by the licensee or issue

  3  a replacement license to the licensee. If the department

  4  issues the address sticker, the entire $10 fee shall be

  5  deposited into the Highway Safety Operating Trust Fund. If an

  6  exclusive agent county tax collector issues a replacement

  7  license, the tax collector shall forward $5 of the $10 fee to

  8  the department for deposit into the Highway Safety Operating

  9  Trust Fund and shall retain $5 as reimbursement for the cost

10  of issuing the replacement license. Nine dollars of the fee

11  levied in this subsection shall go to the Highway Safety

12  Operating Trust Fund of the department.

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

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

15         322.18  Original applications, licenses, and renewals;

16  expiration of licenses; delinquent licenses.--

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

18  department or an authorized or exclusive agent county tax

19  collector may issue an original driver's license only after

20  the applicant successfully passes the required examinations

21  and presents the application to the department or county tax

22  collector.

23         (b)  The department or an authorized or exclusive agent

24  county tax collector may waive the driver's license

25  examination requirement if the applicant is otherwise

26  qualified and surrenders a valid license issued by another

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

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

29  s. 322.12.

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

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

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

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

  3  322.21, and successful passage of any required examination,

  4  unless the department or an authorized or exclusive agent

  5  county tax collector has reason to believe that the licensee

  6  is no longer qualified to receive a license.

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

  8  the applicant licensee has been determined to be eligible by

  9  the department or an authorized or exclusive agent county tax

10  collector.

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

12  the licensee or applicant may apply to the department or an

13  authorized or exclusive agent county tax collector, under

14  oath, at any driver's license examining office. Such

15  application shall be on a form prepared and furnished by the

16  department. The department shall make such forms available to

17  the various authorized examining offices throughout the state.

18  Upon receipt of such application, the department or county tax

19  collector shall issue a license or temporary permit to the

20  applicant or shall advise the applicant that no license or

21  temporary permit will be issued and advise the applicant of

22  the reason for his or her ineligibility.

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

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

25  reexamination, if required, upon payment of the required

26  delinquent fee or taking and passing the written examination.

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

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

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

30  regular working day. The department or an authorized or

31  

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  1  exclusive agent county tax collector may refuse to issue any

  2  license if:

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

  4  qualified to receive a license.

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

  6  privilege is under suspension or revocation.

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

  8  license extensions by mail, electronic, or telephonic means

  9  without reexamination.

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

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

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

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

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

15  shall direct the licensee to appear at an authorized a driver

16  license office for in-person renewal or to transmit the

17  completed renewal notice and the fees required by s. 322.21 to

18  the department by mail, electronically, or telephonically

19  within the 30 days preceding the licensee's birthday for a

20  license extension. License extensions shall not be available

21  to drivers directed to appear for in-person renewal.

22         (b)  Upon receipt of a properly completed renewal

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

24  that the licensee is still eligible for renewal, the

25  department shall send a license extension sticker to the

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

27  license term has been extended.

28         (c)  The department shall issue license extensions for

29  two consecutive license expirations only. Upon expiration of

30  two consecutive license extension periods, in-person renewal

31  with reexamination as provided in s. 322.121 shall be

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

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

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

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

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

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

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

  8  license office shall not be available to drivers whose records

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

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

11  stolen, fictitious, counterfeit, or unlawfully issued license

12  extension sticker, unless possession by such person has been

13  duly authorized by the department, commits a misdemeanor of

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

15  775.083.

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

17  equitable distribution of license extensions and renewals and

18  the orderly implementation of this section.

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

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

21  amended to read:

22         322.20  Records of the department; fees; destruction of

23  records.--

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

25  application for license received by it or an authorized or

26  exclusive agent county tax collector. The possession of such

27  an application form, whether filled out or in blank, or of a

28  counterfeit thereof, not authorized by the department or its

29  personnel constitutes a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

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  1         (3)  The department shall maintain convenient records

  2  or make suitable notations, in order that the individual

  3  driver history record of each licensee is readily available

  4  for the consideration of the department or an authorized or

  5  exclusive agent county tax collector upon application for

  6  renewal of a license and at other suitable times. The release

  7  by the department of the driver history record, with respect

  8  to crashes involving a licensee, shall not include any

  9  notation or record of the occurrence of a motor vehicle crash

10  unless the licensee received a traffic citation as a direct

11  result of the crash, and to this extent such notation or

12  record is exempt from the provisions of s. 119.07(1).

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

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

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

16  or an authorized or exclusive agent county tax collector

17  unless the alteration, erasure, removal, or destruction has

18  been duly authorized.

19         (11)(a)  The department or an authorized or exclusive

20  agent county tax collector may is authorized to charge the

21  following fees for the following services and documents:

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

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

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

25  to be on file............................................$2.10

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

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

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

29  to be on file............................................$3.10

30  

31  

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

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

  3  individual...............................................$3.10

  4         4.  For providing a certified photographic copy of a

  5  document, per page.......................................$1.00

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

  7         6.  For providing photocopies of documents, papers,

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

  9  per page.................................................$0.50

10         7.  For assisting persons in searching any one

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

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

13         (b)  The department shall furnish such information

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

15  agency or court upon proof satisfactory to the department as

16  to the purpose of the investigation.

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

18  fees collected under this section shall be placed in the

19  Highway Safety Operating Trust Fund. If the service is

20  provided by an exclusive agent county tax collector, the fees

21  collected under this section shall be retained by the tax

22  collector as reimbursement for providing the service as agent

23  of the department.

24         (13)  The department or an authorized or exclusive

25  agent county tax collector may is authorized in accordance

26  with chapter 257, to destroy reports, records, documents,

27  papers, and correspondence in the Division of Driver Licenses

28  or the tax collector's office which are considered obsolete.

29         (14)  The department or an authorized or exclusive

30  agent county tax collector may is authorized to photograph,

31  microphotograph, or reproduce on film such documents, records,

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  1  and reports as it may select. The photographs or

  2  microphotographs in the form of film or print of any records

  3  made in compliance with the provisions of this section shall

  4  have the same force and effect as the originals thereof and

  5  shall be treated as originals for the purpose of their

  6  admissibility in evidence.  Duly certified or authenticated

  7  reproductions of such photographs or microphotographs shall be

  8  admitted in evidence equally with the original photographs or

  9  microphotographs.

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

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

12         322.21  License fees; procedure for handling and

13  collecting fees.--

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

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

16  with the necessary personnel to perform the necessary clerical

17  and routine work for the department and an authorized or

18  exclusive agent county tax collector shall provide sufficient

19  personnel to perform all clerical and routine work for the tax

20  collector in issuing and recording applications, licenses, and

21  certificates of eligibility, including the receiving, and

22  accounting, and proper disbursement of all license funds and

23  their payment into the State Treasury, and performing other

24  incidental clerical work connected with the administration of

25  this chapter. The department or county tax collector may is

26  authorized to use such electronic, mechanical, or other

27  devices as necessary to accomplish the purposes of this

28  chapter.

29         (3)  The department shall prepare sufficient forms for

30  certificates of eligibility, applications, notices, and

31  

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  1  license materials to supply all authorized agents and all

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

  3         (4)  If the department determines from its records or

  4  is otherwise satisfied that the holder of a license about to

  5  expire is entitled to have it renewed, the department shall

  6  mail a renewal notice to him or her at his or her last known

  7  address, not less than 30 days prior to the licensee's

  8  birthday. The licensee shall be issued a renewal license,

  9  after reexamination, if required, during the 30 days

10  immediately preceding his or her birthday upon presenting a

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

12  renewal to the department or an authorized or exclusive agent

13  county tax collector at any driver's license examining office.

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

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

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

17  sufficient funds for the necessary expenses of the department

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

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

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

21  exclusive agent for the department, shall retain as

22  reimbursement for actual services rendered the following

23  portions of fees:

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

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

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

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

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

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

30  of the $20 fee.

31  

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

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

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

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

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

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

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

  8  322.57, $5.

  9         6.  For processing the written test portion of the

10  commercial driver's license requirement of paragraph (1)(a), a

11  fee of $7.

12         Section 21.  Section 322.221, Florida Statutes, is

13  amended to read:

14         322.221  Department or an exclusive agent county tax

15  collector may require reexamination.--

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

17  a licensed driver is incompetent or otherwise not qualified to

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

19  5 days to the licensee, require him or her to submit to an

20  examination or reexamination. Good cause as used herein shall

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

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

23  sufficient to indicate that his or her driving privilege is

24  detrimental to public safety.

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

26  reexamination to determine the competence and driving ability

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

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

29         (b)  The department or an exclusive agent county tax

30  collector may, in their its discretion, require any licensed

31  driver to submit to an examination or reexamination prior to

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  1  his or her normal renewal date upon receipt of a

  2  recommendation from a court having jurisdiction of traffic

  3  offenses, a law enforcement agency, or a physician stating

  4  that the driver's ability to operate a motor vehicle safely is

  5  questionable.  At the time of renewal of his or her license a

  6  driver may be required to submit to an examination or

  7  reexamination at the discretion of the examiner if the

  8  physical appearance or actions of the licensee give rise to

  9  serious doubt as to his or her ability to operate a vehicle

10  safely.

11         (c)  If the department or an exclusive agent county tax

12  collector has reason to believe that a licensee is physically

13  or mentally unqualified to operate a motor vehicle, it may

14  require the licensee to submit medical reports regarding his

15  or her physical or mental condition to the department's

16  medical advisory board for its review and recommendation.  The

17  submission of medical reports shall be made without expense to

18  the state.

19         (3)  Upon the conclusion of such examination or

20  reexamination the department shall take action as may be

21  appropriate and may suspend or revoke the license of such

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

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

24  322.16.  Refusal or neglect of the licensee to submit to such

25  examination or reexamination shall be ground for suspension or

26  revocation of his or her license.

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

28  322.251, Florida Statutes, are amended to read:

29         322.251  Notice of cancellation, suspension,

30  revocation, or disqualification of license.--

31  

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  1         (3)  Whenever the driving privilege is suspended,

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

  3  the period of such suspension, revocation, or disqualification

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

  5  disqualification, and the department shall require the

  6  licensee whose driving privilege is suspended, revoked, or

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

  8  to the department or an authorized or exclusive agent county

  9  tax collector. However, should the person fail to surrender

10  such licenses, the suspension, revocation, or disqualification

11  period shall not expire until a period identical to the period

12  for which the driving privilege was suspended, revoked, or

13  disqualified has expired after the date of surrender of the

14  licenses, or the date an affidavit swearing such licenses are

15  lost has been filed with the department or county tax

16  collector. In any instance where the suspension, revocation,

17  or disqualification order is mailed as provided in this

18  section herein, and the license is not surrendered to the

19  department, and such license thereafter expires, the

20  department or county tax collector may shall not renew that

21  license until a period of time identical to the period of such

22  suspension, revocation, or disqualification imposed has

23  expired.

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

25  or disqualification occurs, the department shall enter the

26  cancellation, suspension, revocation, or disqualification

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

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

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

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

31  

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  1  license has been received by the department or an authorized

  2  or exclusive agent county tax collector.

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

  4  322.282, Florida Statutes, is amended to read:

  5         322.282  Procedure when court revokes or suspends

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

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

  8  privilege and, in its discretion, orders reinstatement as

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

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

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

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

13  office. The department or an authorized or exclusive agent

14  county tax collector shall issue a temporary driver's permit

15  to a licensee who presents the court's order of reinstatement,

16  proof of completion of a department-approved driver training

17  or substance abuse education course, and a written request for

18  a hearing under s. 322.271. The permit shall not be issued if

19  a record check by the department or county tax collector shows

20  that the person has previously been convicted for a violation

21  of s. 316.193, former s. 316.1931, former s. 316.028, former

22  s. 860.01, or a previous conviction outside this state for

23  driving under the influence, driving while intoxicated,

24  driving with an unlawful blood-alcohol level, or any similar

25  alcohol-related or drug-related traffic offense; that the

26  person's driving privilege has been previously suspended for

27  refusal to submit to a lawful test of breath, blood, or urine;

28  or that the person is otherwise not entitled to issuance of a

29  driver's license. This paragraph shall not be construed to

30  prevent the reinstatement of a license or driving privilege

31  that is presently suspended for driving with an unlawful

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  1  blood-alcohol level or a refusal to submit to a breath, urine,

  2  or blood test and is also revoked for a conviction for a

  3  violation of s. 316.193 or former s. 316.1931, if the

  4  suspension and revocation arise out of the same incident.

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

  6  Statutes, is amended to read:

  7         322.32  Unlawful use of license.--It is a misdemeanor

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

  9  s. 775.083, for any person:

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

11  or an authorized or exclusive agent county tax collector or to

12  any law enforcement officer, upon lawful demand, any driver's

13  license in his or her possession that has been suspended,

14  revoked, disqualified, or canceled.

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

16  2002.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                            CS/SB 2224

20                                 

21  This CS differs from the CS as filed in that it:

22       Creates a second category of tax collector, the
         "exclusive agent county tax collector," who may contract
23       with DHSMV to deliver a comprehensive range of license
         services, replacing the authority provided in the CS for
24       all county tax collectors to deliver such services;
         Bradford, Escambia, Hillsborough, Manatee, Pinellas,
25       Saint Johns, and Taylor counties are designated as
         exclusive agents;
26  
         Deletes the authority for tax collectors to issue license
27       extensions by mail; and

28       Authorizes the levy of a processing fee for commercial
         drivers' licenses.
29  

30  

31  

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