Senate Bill sb0124

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    Florida Senate - 2003                                   SB 124

    By Senator Constantine





    22-42A-03

  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, Lake, Manatee,

17  and Pinellas 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 by an authorized

28  or 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, county of residence and

 3  mailing address, country of birth, 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 documents issued

 7  to the applicant:

 8         a.  A driver's license record or identification card

 9  record from another jurisdiction that required the applicant

10  to submit a document for identification which is substantially

11  similar to a document required under sub-subparagraph b.,

12  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

13  or sub-subparagraph f.;

14         b.  A certified copy of a United States birth

15  certificate;

16         c.  A valid United States passport;

17         d.  An alien registration receipt card (green card);

18         e.  An employment authorization card issued by the

19  United States Department of Justice; or

20         f.  Proof of nonimmigrant classification provided by

21  the United States Department of Justice, for an original

22  identification card. In order to prove such nonimmigrant

23  classification, applicants may produce but are not limited to

24  the following documents:

25         (I)  A notice of hearing from an immigration court

26  scheduling a hearing on any proceeding.

27         (II)  A notice from the Board of Immigration Appeals

28  acknowledging pendency of an appeal.

29         (III)  Notice of the approval of an application for

30  adjustment of status issued by the United States Immigration

31  and Naturalization Service.

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 1         (IV)  Any official documentation confirming the filing

 2  of a petition for asylum status or any other relief issued by

 3  the United States Immigration and Naturalization Service.

 4         (V)  Notice of action transferring any pending matter

 5  from another jurisdiction to Florida, issued by the United

 6  States Immigration and Naturalization Service.

 7         (VI)  Order of an immigration judge or immigration

 8  officer granting any relief that authorizes the alien to live

 9  and work in the United States including, but not limited to

10  asylum.

11  

12  Presentation of any of the foregoing documents shall entitle

13  the applicant to a driver's license or temporary permit for a

14  period not to exceed the expiration date of the document

15  presented or 2 years, whichever first occurs.

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

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

18  the department before a person authorized to administer oaths.

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

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

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

22  reimbursement for the cost of providing the identification

23  card.

24         (c)  Each such applicant may include fingerprints and

25  any other unique biometric means of identity.

26         (2)(a)  Every identification card shall expire, unless

27  canceled earlier, on the fourth birthday of the applicant

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

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

30  identification card issued under this section, the card shall

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

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

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

 3  birthday of the applicant following expiration of the

 4  identification card renewed, unless surrendered earlier.  Any

 5  application for renewal received later than 90 days after

 6  expiration of the identification card shall be considered the

 7  same as an application for an original identification card.

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

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

10  reimbursement for the cost of providing the identification

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

12  after the issuance or renewal of an identification card,

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

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

15  older.

16         (b)  Notwithstanding any other provision of this

17  chapter, if an applicant establishes his or her identity for

18  an identification card using a document authorized under

19  sub-subparagraph (a)3.d., the identification card shall expire

20  on the fourth birthday of the applicant following the date of

21  original issue or upon first renewal or duplicate issued after

22  implementation of this section. After an initial showing of

23  such documentation, he or she is exempted from having to renew

24  or obtain a duplicate in person.

25         (c)  Notwithstanding any other provisions of this

26  chapter, if an applicant establishes his or her identity for

27  an identification card using an identification document

28  authorized under sub-subparagraphs (a)3.e.-f., the

29  identification card shall expire 4 years after the date of

30  issuance or upon the expiration date cited on the United

31  States Department of Justice documents, whichever date first

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 1  occurs, and may not be renewed or obtain a duplicate except in

 2  person.

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

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

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

 6  duplicate upon furnishing satisfactory proof of such fact to

 7  the department or an authorized or exclusive agent county tax

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

 9  duplicate, which shall include payment for the color

10  photograph or digital image of the applicant. The department

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

12  reimbursement for the cost of providing the duplicate card.

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

14  obtaining a duplicate, finds the original card shall

15  immediately surrender the original card to the department or

16  an authorized or exclusive agent county tax collector. The

17  same documentary evidence shall be furnished for a duplicate

18  as for an original identification card.

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

20  "cancellation" means that an identification card is terminated

21  without prejudice and must be surrendered. Cancellation of the

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

23  when voluntarily surrendered to the department or an

24  authorized or exclusive agent county tax collector.

25         Section 5.  Section 322.059, Florida Statutes, is

26  amended to read:

27         322.059  Mandatory surrender of suspended driver's

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

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

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

31  registration to the Department of Highway Safety and Motor

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 1  Vehicles or an authorized or exclusive agent county tax

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

 3  license or registration, any law enforcement agent may seize

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

 5  registration is suspended.

 6         Section 6.  Section 322.07, Florida Statutes, is

 7  amended to read:

 8         322.07  Instruction permits and temporary licenses.--

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

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

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

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

13  temporary instruction permit. The department or an authorized

14  or exclusive agent county tax collector shall issue such a

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

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

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

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

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

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

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

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

23  the right of the driver.

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

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

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

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

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

29  required while the department is completing its investigation

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

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

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 1  his or her immediate possession while operating a motor

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

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

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

 5  instruction in operating a Class D or commercial motor

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

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

 8  a temporary Class D or temporary commercial instruction

 9  permit. The department or an authorized or exclusive agent

10  county tax collector shall issue such a permit entitling the

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

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

13  the highways, provided that:

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

15  issued in any state; and

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

17  commercial motor vehicle, is accompanied by a licensed driver

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

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

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

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

22  Statutes, is amended to read:

23         322.09  Application of minors.--

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

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

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

27  18 years who is not in compliance with the requirements of s.

28  322.091.

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

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

31  are amended to read:

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 1         322.091  Attendance requirements.--

 2         (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING

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

 4  unless that minor:

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

 6  or home education program and satisfies relevant attendance

 7  requirements;

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

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

10  high school completion;

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

12  the Test of General Educational Development and satisfies

13  relevant attendance requirements;

14         (d)  Is enrolled in other educational activities

15  approved by the district school board and satisfies relevant

16  attendance requirements;

17         (e)  Has been issued a certificate of exemption

18  according to s. 1003.21(3); or

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

20  

21  The department or an authorized or exclusive agent county tax

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

23  driver's license to, nor or shall the department suspend the

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

25  concerning whom the department receives notification of

26  noncompliance with the requirements of this section.

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

28  RECORD OF NONCOMPLIANCE.--

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

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

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

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 1  record of noncompliance with the requirements of subsection

 2  (1) unless the minor submits verification of compliance

 3  pursuant to subsection (4).

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

 5  district school board shall provide a minor with written

 6  verification that he or she is in compliance with the

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

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

 9  request for verification of compliance.  Upon receiving

10  written verification that the minor is again in compliance

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

12  authorized or exclusive agent county tax collector shall

13  reinstate the minor's driving privilege. Thereafter, if the

14  school district determines that the minor is not in compliance

15  with the requirements of subsection (1), the department shall

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

17  years of age or otherwise satisfies the requirements of

18  subsection (1), whichever occurs first.

19         Section 9.  Section 322.12, Florida Statutes, is

20  amended to read:

21         322.12  Examination of applicants.--

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

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

24  required to pass an examination pursuant to this section.

25  However, the department or an authorized or exclusive agent

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

27  skills tests for an applicant who is otherwise qualified and

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

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

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

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

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 1  who seeks to retain a hazardous-materials endorsement,

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

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

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

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

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

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

 8  county tax collector shall examine every applicant for a

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

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

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

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

13  successfully completing the examination showing his or her

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

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

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

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

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

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

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

21  a commercial driver's license following the disqualification

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

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

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

25  exclusive agent county tax collector shall collect all of

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

27  retained as a service fee if the reinstated license is

28  provided by an exclusive agent county tax collector. The

29  department or an authorized or exclusive agent county tax

30  collector shall issue proper receipts for such fees and shall

31  promptly transmit all funds received by it as follows:

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

 2  reinstatement following a suspension, if issued by the

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

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

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

 6  agent county tax collector reinstates the license, the tax

 7  collector shall forward the $25 fee to the department, $4 of

 8  which shall be deposited into the General Revenue Fund and $10

 9  of which shall be deposited into the Highway Safety Operating

10  Trust Fund, and the tax collector shall retain $11 as a

11  service fee.

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

13  reinstatement following a revocation or disqualification, if

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

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

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

17  exclusive agent county tax collector reinstates the license,

18  the tax collector shall forward the $50 fee to the department,

19  $24 of which shall be deposited into the General Revenue Fund

20  and $15 of which shall be deposited into the Highway Safety

21  Operating Trust Fund, and the tax collector shall retain $11

22  as a service fee.

23  

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

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

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

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

28  collected from one person convicted of such violations arising

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

30  exclusive agent county tax collector shall collect the $105

31  fee and deposit it into the Highway Safety Operating Trust

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

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

 3  or revocation was overturned.

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

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

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

 7  designated by the department or an authorized or exclusive

 8  agent county tax collector or by a licensed ophthalmologist,

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

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

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

12  applicant's ability to read and understand highway signs

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

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

15  regulating driving under the influence of alcohol or

16  controlled substances, driving with an unlawful blood-alcohol

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

18  of the effects of alcohol and controlled substances upon

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

20  the influence of alcohol or controlled substances and shall

21  include an actual demonstration of ability to exercise

22  ordinary and reasonable control in the operation of a motor

23  vehicle.

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

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

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

27  the department or an authorized or exclusive agent county tax

28  collector or by a licensed ophthalmologist, optometrist, or

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

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

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

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 1  ability to read and understand highway signs regulating,

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

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

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

 5  including laws regulating driving under the influence of

 6  alcohol or controlled substances, driving with an unlawful

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

 8  knowledge of the effects of alcohol and controlled substances

 9  and the dangers of driving a motor vehicle after having

10  consumed alcohol or controlled substances; and his or her

11  knowledge of any special skills, requirements, or precautions

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

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

14  the examination shall include an actual demonstration of the

15  applicant's ability to exercise ordinary and reasonable

16  control in the safe operation of a motor vehicle or

17  combination of vehicles of the type covered by the license

18  classification which the applicant is seeking, including an

19  examination of the applicant's ability to perform an

20  inspection of his or her vehicle.

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

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

23  department or by an entity authorized by the department to

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

25  examination shall be administered at a location approved by

26  the department.

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

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

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

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

31  

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 1  years preceding his or her application for a commercial

 2  driver's license in this state.

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

 4  examination for applicants for licenses to operate

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

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

 7  successfully complete such an examination, which is in

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

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

10  operation of a motorcycle and of any traffic laws specifically

11  relating thereto and must include an actual demonstration of

12  his or her ability to exercise ordinary and reasonable control

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

14  examination, the department shall consider the use of the

15  Motorcycle Operator Skills Test and the Motorcycle in Traffic

16  Test offered by the Motorcycle Safety Foundation. The

17  department or an authorized or exclusive agent county tax

18  collector shall indicate on the license of any person who

19  successfully completes the examination that the licensee is

20  authorized to operate a motorcycle.  If the applicant wishes

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

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

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

24  authorized or exclusive agent county tax collector shall

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

26  restriction. Every first-time applicant for licensure to

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

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

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

30  operate a motorcycle.

31  

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

 2  county tax collector may exempt any applicant from the

 3  examination provided in this subsection if the applicant

 4  presents a certificate showing successful completion of a

 5  course approved by the department, which course includes a

 6  similar examination of the knowledge and skill of the

 7  applicant in the operation of a motorcycle.

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

 9  Statutes, is amended to read:

10         322.121  Periodic reexamination of all drivers.--

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

12  show any revocations, disqualifications, or suspensions for

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

14  years except for convictions of the following nonmoving

15  violations:

16         (a)  Failure to exhibit a vehicle registration

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

18  320.0605;

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

20  registration that has been expired for 4 months or less

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

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

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

24  322.065;

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

26  s. 322.15(1); or

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

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

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

30  

31  

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 1  the department or an authorized or exclusive agent county tax

 2  collector shall cause such licensee's license to be

 3  prominently marked with the notation "Safe Driver."

 4         Section 11.  Section 322.13, Florida Statutes, is

 5  amended to read:

 6         322.13  Driver's license examiners.--

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

 8  agent county tax collector shall designate employees or other

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

10  accepting such designation, shall conduct examinations

11  hereunder, perform other assigned duties, and make factual

12  reports of findings and recommendations to the department or

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

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

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

16  filed before him or her.

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

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

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

20  768.28.

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

22  county tax collector shall further designate employees or

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

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

25  cancellation orders; and laws relating to the registration of

26  motor vehicles entered in compliance with the provisions of

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

28  certain examiners shall be empowered to issue uniform traffic

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

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

31  license, registration certificate, and license plate upon

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

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

 3  775.083. Persons designated as examiners by the department or

 4  county tax collector shall not be considered for membership in

 5  the state high-risk retirement program.

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

 7  322.14, Florida Statutes, is amended to read:

 8         322.14  Licenses issued to drivers.--

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

10  agent county tax collector shall, upon successful completion

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

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

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

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

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

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

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

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

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

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

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

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

23  licensee shall not be required if it appears thereon in

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

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

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

27  person within the state for issuance of a color photographic

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

29         Section 13.  Section 322.141, Florida Statutes, is

30  amended to read:

31         322.141  Color of licenses.--

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

 2  department or an authorized or exclusive agent county tax

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

 4  operation of motor vehicles shall have markings or color which

 5  shall be obviously separate and distinct from all other

 6  licenses issued by the department or county tax collector for

 7  the operation of motor vehicles.

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

 9  vehicles originally issued or reissued by the department or an

10  authorized or exclusive agent county tax collector to persons

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

12  applicant, have distinctive markings separate and distinct

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

14  collector.

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

16  reissue, the department or an authorized or exclusive agent

17  county tax collector shall require such proof as it deems

18  appropriate that a person has insulin-dependent diabetes.

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

20  322.142, Florida Statutes, are amended to read:

21         322.142  Color photographic or digital imaged

22  licenses.--

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

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

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

26  license a color photographic or digital imaged driver's

27  license bearing a fullface photograph or digital image of the

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

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

30  322.14, in the presence of an authorized agent of the

31  

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

 2  signature becomes a part of the license.

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

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

 5  issue to each qualified licensee applying for a renewal

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

 7  digital imaged license as provided for in subsection (1).

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

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

10         322.161  High-risk drivers; restricted licenses.--

11         (1)

12         (b)  Upon determination that any person has accumulated

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

14  and issue the licensee a restricted license for business

15  purposes only. The licensee must appear before the department

16  or an authorized or exclusive agent county tax collector

17  within 10 days after notification to have this restriction

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

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

20  department or county tax collector.

21         (c)  The restriction shall be automatically withdrawn

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

23  accumulate any additional points.  If the licensee accumulates

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

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

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

27  no other grounds for restriction exist.  The licensee must

28  appear before the department or an authorized or exclusive

29  agent county tax collector to have the restriction removed and

30  a duplicate license issued.

31  

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

 2  Florida Statutes, is amended to read:

 3         322.1615  Learner's driver's license.--

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

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

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

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

 8  driver's license;

 9         (b)  Has passed the vision and hearing examination

10  administered under s. 322.12;

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

12  education course prescribed in s. 322.095; and

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

14  by rule of the department.

15         Section 17.  Section 322.17, Florida Statutes, is

16  amended to read:

17         322.17  Duplicate and replacement certificates.--

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

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

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

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

22  thereof, upon furnishing proof satisfactory to the department

23  or an authorized or exclusive agent county tax collector that

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

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

26  mailing address, proof of birth satisfactory to the department

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

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

29  paragraph shall go to the Highway Safety Operating Trust Fund

30  and $5 shall go to the General Revenue Fund when the duplicate

31  or substitute is issued by of the department. If the permit or

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 1  license is reissued by an exclusive agent county tax

 2  collector, the tax collector shall retain $5 as a service fee,

 3  and $5 shall go to the Highway Safety Operating Trust Fund.

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

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

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

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

 8  furnishing proof satisfactory to the department or an

 9  authorized or exclusive agent county tax collector that such

10  permit or license was stolen and further furnishing the full

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

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

13  satisfactory to the department or county tax collector.

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

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

16  authorized or exclusive agent county tax collector shall issue

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

18  restrictions. If the department replaces the license, $5 of

19  the fee shall be deposited into the Highway Safety Operating

20  Trust Fund and $5 shall be deposited into the General Revenue

21  Fund. If an exclusive agent county tax collector replaces the

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

23  the department for deposit into the Highway Safety Operating

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

25  of replacing the license.

26         (3)  Upon written request by the licensee and

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

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

29  tax collector shall issue an address sticker that which shall

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

31  a replacement license to the licensee. If the department

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 1  issues the address sticker, the $10 fee shall be deposited

 2  into the Highway Safety Operating Trust Fund. If an exclusive

 3  agent county tax collector issues a replacement license, the

 4  tax collector shall forward $5 of the $10 fee to the

 5  department for deposit into the Highway Safety Operating Trust

 6  Fund and shall retain $5 of the fee as reimbursement for the

 7  cost of issuing the replacement license. Nine dollars of the

 8  fee levied in this subsection shall go to the Highway Safety

 9  Operating Trust Fund of the department.

10         (4)(3)  Notwithstanding any other provisions of this

11  chapter, if a licensee establishes his or her identity for a

12  driver's license using an identification document authorized

13  under s. 322.08(2)(c)5.-6., the licensee may not obtain a

14  duplicate or replacement instruction permit or driver's

15  license except in person and upon submission of an

16  identification document authorized under s. 322.08(2)(c)5.-6.

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

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

19         322.18  Original applications, licenses, and renewals;

20  expiration of licenses; delinquent licenses.--

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

22  department or an authorized or exclusive agent county tax

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

24  the applicant successfully passes the required examinations

25  and presents the application to the department or county tax

26  collector.

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

28  county tax collector may waive the driver's license

29  examination requirement if the applicant is otherwise

30  qualified and surrenders a valid license issued by another

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

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

 2  s. 322.12.

 3         (4)(a)  Except as otherwise provided in this chapter,

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

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

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

 7  322.21, and successful passage of any required examination,

 8  unless the department or an authorized or exclusive agent

 9  county tax collector has reason to believe that the licensee

10  is no longer qualified to receive a license.

11         (b)  Notwithstanding any other provision of this

12  chapter, if an applicant establishes his or her identity for a

13  driver's license using a document authorized under s.

14  322.08(2)(c)4., the license, upon an initial showing of such

15  documentation, is exempted from having to renew or obtain a

16  duplicate in person, unless the renewal or duplication

17  coincides with the periodic reexamination of a driver as

18  required pursuant to s. 322.121.

19         (c)  Notwithstanding any other provision of this

20  chapter, if a licensee establishes his or her identity for a

21  driver's license using an identification document authorized

22  under s. 322.08(2)(c)5. or 6., the licensee may not renew the

23  driver's license except in person and upon submission of an

24  identification document authorized under s. 322.08(2)(c)4.-6.

25  A driver's license renewed under this paragraph expires 4

26  years after the date of issuance or upon the expiration date

27  cited on the United States Department of Justice documents,

28  whichever date first occurs.

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

30  the applicant licensee has been determined to be eligible by

31  

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 1  the department or an authorized or exclusive agent county tax

 2  collector.

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

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

 5  authorized or exclusive agent county tax collector, under

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

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

 8  department. The department shall make such forms available to

 9  the various authorized examining offices throughout the state.

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

11  collector shall issue a license or temporary permit to the

12  applicant or shall advise the applicant that no license or

13  temporary permit will be issued and advise the applicant of

14  the reason for his or her ineligibility.

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

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

17  reexamination, if required, upon payment of the required

18  delinquent fee or taking and passing the written examination.

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

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

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

22  regular working day. The department or an authorized or

23  exclusive agent county tax collector may refuse to issue any

24  license if:

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

26  qualified to receive a license.

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

28  privilege is under suspension or revocation.

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

30  license extensions by mail, electronic, or telephonic means

31  without reexamination.

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

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

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

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

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

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

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

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

 9  the department by mail, electronically, or telephonically

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

11  license extension. License extensions shall not be available

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

13         (b)  Upon receipt of a properly completed renewal

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

15  that the licensee is still eligible for renewal, the

16  department shall send a license extension sticker to the

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

18  license term has been extended.

19         (c)  The department shall issue license extensions for

20  two consecutive license expirations only.  Upon expiration of

21  two consecutive license extension periods, in-person renewal

22  with reexamination as provided in s. 322.121 shall be

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

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

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

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

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

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

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

30  license office shall not be available to drivers whose records

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

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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 an authorized or

17  exclusive agent county tax collector. The possession of such

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

19  counterfeit thereof, not authorized by the department or its

20  personnel constitutes a misdemeanor of the second degree,

21  punishable as provided in 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 an authorized or

26  exclusive agent county tax collector upon application for

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

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

29  to crashes involving a licensee, shall not include any

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

31  unless the licensee received a traffic citation as a direct

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

 2  record is exempt from the 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 an authorized or exclusive agent county tax collector

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

 8  been duly authorized.

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

10  agent county tax collector may is authorized to charge the

11  following fees for the following services and documents:

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

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

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

15  to be on file............................................$2.10

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

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

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

19  to be on file............................................$3.10

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

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

22  individual...............................................$3.10

23         4.  For providing a certified photographic copy of a

24  document, per page.......................................$1.00

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

26         6.  For providing photocopies of documents, papers,

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

28  per page.................................................$0.50

29         7.  For assisting persons in searching any one

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

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

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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 an exclusive agent county tax collector, the fees

 9  collected under this section shall be retained by the tax

10  collector as reimbursement for providing the service as agent

11  of the department.

12         (13)  The department or an authorized or exclusive

13  agent county tax collector may is authorized in accordance

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

15  papers, and correspondence in the Division of Driver Licenses

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

17         (14)  The department or an authorized or exclusive

18  agent county tax collector may is authorized to photograph,

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

20  and reports as it may select. The photographs or

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

22  made in compliance with the provisions of this section shall

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

24  shall be treated as originals for the purpose of their

25  admissibility in evidence. Duly certified or authenticated

26  reproductions of such photographs or microphotographs shall be

27  admitted in evidence equally with the original photographs or

28  microphotographs.

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

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

31  

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 1         322.21  License fees; procedure for handling and

 2  collecting fees.--

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

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

 5  with the necessary personnel to perform the necessary clerical

 6  and routine work for the department and an authorized or

 7  exclusive agent county tax collector shall provide sufficient

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

 9  collector in issuing and recording applications, licenses, and

10  certificates of eligibility, including the receiving, and

11  accounting, and proper disbursement of all license funds and

12  their payment into the State Treasury, and performing other

13  incidental clerical work connected with the administration of

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

15  authorized to use such electronic, mechanical, or other

16  devices as necessary to accomplish the purposes of this

17  chapter.

18         (3)  The department shall prepare sufficient forms for

19  certificates of eligibility, applications, notices, and

20  license materials to supply all authorized agents and all

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

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

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

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

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

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

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

28  after reexamination, if required, during the 30 days

29  immediately preceding his or her birthday upon presenting a

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

31  

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 1  renewal to the department or an authorized or exclusive agent

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

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

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

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

 6  sufficient funds for the necessary expenses of the department

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

 8  used for the maintenance and operation of the department.

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

10  exclusive agent for the department, shall retain as

11  reimbursement for actual services rendered the following

12  portions of fees:

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

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

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

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

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

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

19  of the $20 fee.

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

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

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

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

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

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

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

27  322.57, $5.

28         6.  For processing the written test portion of the

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

30  fee of $7.

31  

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 1         Section 21.  Section 322.221, Florida Statutes, is

 2  amended to read:

 3         322.221  Department or an exclusive agent county tax

 4  collector may require reexamination.--

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

 6  a licensed driver is incompetent or otherwise not qualified to

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

 8  5 days to the licensee, require him or her to submit to an

 9  examination or reexamination. Good cause as used herein shall

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

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

12  sufficient to indicate that his or her driving privilege is

13  detrimental to public safety.

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

15  reexamination to determine the competence and driving ability

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

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

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

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

20  driver to submit to an examination or reexamination prior to

21  his or her normal renewal date upon receipt of a

22  recommendation from a court having jurisdiction of traffic

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

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

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

26  driver may be required to submit to an examination or

27  reexamination at the discretion of the examiner if the

28  physical appearance or actions of the licensee give rise to

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

30  safely.

31  

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

 2  collector has reason to believe that a licensee is physically

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

 4  require the licensee to submit medical reports regarding his

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

 6  medical advisory board for its review and recommendation.  The

 7  submission of medical reports shall be made without expense to

 8  the state.

 9         (3)  Upon the conclusion of such examination or

10  reexamination the department shall take action as may be

11  appropriate and may suspend or revoke the license of such

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

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

14  322.16.  Refusal or neglect of the licensee to submit to such

15  examination or reexamination shall be ground for suspension or

16  revocation of his or her license.

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

18  322.251, Florida Statutes, are amended to read:

19         322.251  Notice of cancellation, suspension,

20  revocation, or disqualification of license.--

21         (3)  Whenever the driving privilege is suspended,

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

23  the period of such suspension, revocation, or disqualification

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

25  disqualification, and the department shall require the

26  licensee whose driving privilege is suspended, revoked, or

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

28  to the department or an authorized or exclusive agent county

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

30  such licenses, the suspension, revocation, or disqualification

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

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

 2  disqualified has expired after the date of surrender of the

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

 4  lost has been filed with the department or county tax

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

 6  or disqualification order is mailed as provided in this

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

 8  department, and such license thereafter expires, the

 9  department or county tax collector may shall not renew that

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

11  suspension, revocation, or disqualification imposed has

12  expired.

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

14  or disqualification occurs, the department shall enter the

15  cancellation, suspension, revocation, or disqualification

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

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

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

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

20  license has been received by the department or an authorized

21  or exclusive agent county tax collector.

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

23  322.282, Florida Statutes, is amended to read:

24         322.282  Procedure when court revokes or suspends

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

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

27  privilege and, in its discretion, orders reinstatement as

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

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

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

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

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 1  office. The department or an authorized or exclusive agent

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

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

 4  proof of completion of a department-approved driver training

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

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

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

 8  that the person has previously been convicted for a violation

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

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

11  driving under the influence, driving while intoxicated,

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

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

14  person's driving privilege has been previously suspended for

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

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

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

18  prevent the reinstatement of a license or driving privilege

19  that is presently suspended for driving with an unlawful

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

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

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

23  suspension and revocation arise out of the same incident.

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

25  Statutes, is amended to read:

26         322.32  Unlawful use of license.--It is a misdemeanor

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

28  s. 775.083, for any person:

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

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

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

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

 2  revoked, disqualified, or canceled.

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

 4  2003.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides procedures for authorized or exclusive agent
      county tax collectors to issue drivers' licenses and
 9    identification cards as agents of the Department of
      Highway Safety and Motor Vehicles. Provides for the tax
10    collectors to retain a portion of the license fees as
      reimbursement for the costs of issuance. Requires that
11    the county tax collectors maintain records and provide
      personnel to perform the duties required under the act.
12    (See bill for details.)

13  

14  

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18  

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