Bill Text: HB 0859

HB 0859

2003

A bill to be entitled

An act relating to highway safety; amending s. 316.193,

F.S.; increasing the fines for certain offenses involving

driving under the influence; providing for the transfer of

a portion of such fines collected into the Florida Highway

Patrol Recruitment and Retention Trust Fund; amending s.

318.14, F.S.; increasing certain court costs; providing

for the transfer of a portion of such court costs into the

Florida Highway Patrol Recruitment and Retention Trust

Fund; amending s. 322.03, F.S.; providing for an

additional fine for violations of said section; providing

for the transfer of such additional fines into the Florida

Highway Patrol Recruitment and Retention Trust Fund;

amending s. 322.065, F.S.; providing for an additional

fine for violations of said section; providing for the

transfer of such additional fines into the Florida Highway

Patrol Recruitment and Retention Trust Fund; amending s.

322.12, F.S.; increasing the fees charged for the

reinstatement of a revoked or suspended driver license;

providing that a portion of such fees shall be transferred

into the Florida Highway Patrol Recruitment and Retention

Trust Fund; amending s. 322.15, F.S.; providing for an

additional fine for violations of said section; providing

for the transfer of such additional fines into the Florida

Highway Patrol Recruitment and Retention Trust Fund;

providing an effective date.

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

Section 1. Section 316.193, Florida Statutes, is amended

to read:

316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the

influence and is subject to punishment as provided in subsection

(2) if the person is driving or in actual physical control of a

vehicle within this state and:

(a) The person is under the influence of alcoholic

beverages, any chemical substance set forth in s. 877.111, or

any substance controlled under chapter 893, when affected to the

extent that the person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more

grams of alcohol per 100 milliliters of blood; or

grams of alcohol per 210 liters of breath.

(2)(a) Except as provided in paragraph (b), subsection

(3), or subsection (4), any person who is convicted of a

violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $750~~$250~~ or more than $1,000~~$500~~for a

first conviction.

b. Not less than $1,000~~$500~~ or more than $1,500~~$1,000~~

for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a

period of at least 1 year, at the convicted person's sole

expense, of an ignition interlock device approved by the

department in accordance with s. 316.1938 upon all vehicles that

are individually or jointly leased or owned and routinely

operated by the convicted person, when the convicted person

qualifies for a permanent or restricted license. The

installation of such device may not occur before July 1, 2003.

Five hundred dollars of each fine collected pursuant to this

paragraph shall be remitted to the Department of Revenue for

transfer into the Florida Highway Patrol Recruitment and

Retention Trust Fund.

(b)1. Any person who is convicted of a third violation of

this section for an offense that occurs within 10 years after a

prior conviction for a violation of this section commits a

felony of the third degree, punishable as provided in s.

775.082, s. 775.083, or s. 775.084. In addition, the court shall

order the mandatory placement for a period of not less than 2

years, at the convicted person's sole expense, of an ignition

interlock device approved by the department in accordance with

s. 316.1938 upon all vehicles that are individually or jointly

leased or owned and routinely operated by the convicted person,

when the convicted person qualifies for a permanent or

restricted license. The installation of such device may not

occur before July 1, 2003.

2. Any person who is convicted of a third violation of

this section for an offense that occurs more than 10 years after

the date of a prior conviction for a violation of this section

shall be punished by a fine of not less than $1,500~~$1,000~~or

more than $3,000~~$2,500~~and by imprisonment for not more than 12

months. In addition, the court shall order the mandatory

placement for a period of at least 2 years, at the convicted

person's sole expense, of an ignition interlock device approved

by the department in accordance with s. 316.1938 upon all

vehicles that are individually or jointly leased or owned and

routinely operated by the convicted person, when the convicted

person qualifies for a permanent or restricted license. The

installation of such device may not occur before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent

violation of this section, regardless of when any prior

conviction for a violation of this section occurred, commits a

felony of the third degree, punishable as provided in s.

775.082, s. 775.083, or s. 775.084. However, the fine imposed

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for such fourth or subsequent violation may be not less than

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$1,500~~$1,000~~.

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Five hundred dollars of each fine collected pursuant to this

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paragraph shall be remitted to the Department of Revenue for

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transfer into the Florida Highway Patrol Recruitment and

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Retention Trust Fund.

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(3) Any person:

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(a) Who is in violation of subsection (1);

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(b) Who operates a vehicle; and

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contributes to causing:

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1. Damage to the property or person of another commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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2. Serious bodily injury to another, as defined in s.

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316.1933, commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084.

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3. The death of any human being commits DUI manslaughter,

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and commits:

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a. A felony of the second degree, punishable as provided

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in s. 775.082, s. 775.083, or s. 775.084.

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b. A felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084, if:

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(I) At the time of the crash, the person knew, or should

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have known, that the crash occurred; and

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(II) The person failed to give information and render aid

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as required by s. 316.062.

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(4) Any person who is convicted of a violation of

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subsection (1) and who has a blood-alcohol level or breath-

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alcohol level of 0.20 or higher, or any person who is convicted

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of a violation of subsection (1) and who at the time of the

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offense was accompanied in the vehicle by a person under the age

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of 18 years, shall be punished:

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(a) By a fine of:

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1. Not less than $1,500~~$500~~ or more than $2,000~~$1,000~~

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for a first conviction.

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2. Not less than $2,000~~$1,000~~ or more than $3,000~~$2,000~~

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for a second conviction.

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3. Not less than $3,000~~$2,000~~for a third or subsequent

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conviction.

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One thousand dollars of each fine collected pursuant to this

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paragraph shall be remitted to the Department of Revenue for

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transfer into the Florida Highway Patrol Recruitment and

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Retention Trust Fund.

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(b) By imprisonment for:

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1. Not more than 9 months for a first conviction.

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2. Not more than 12 months for a second conviction.

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For the purposes of this subsection, only the instant offense is

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required to be a violation of subsection (1) by a person who has

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a blood-alcohol level or breath-alcohol level of 0.20 or higher.

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(b), the court shall order the mandatory placement, at the

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convicted person's sole expense, of an ignition interlock device

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approved by the department in accordance with s. 316.1938 upon

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all vehicles that are individually or jointly leased or owned

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and routinely operated by the convicted person for up to 6

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months for the first offense and for at least 2 years for a

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second offense, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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(5) The court shall place all offenders convicted of

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violating this section on monthly reporting probation and shall

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require completion of a substance abuse course conducted by a

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DUI program licensed by the department under s. 322.292, which

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must include a psychosocial evaluation of the offender. If the

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DUI program refers the offender to an authorized substance abuse

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treatment provider for substance abuse treatment, in addition to

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any sentence or fine imposed under this section, completion of

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all such education, evaluation, and treatment is a condition of

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reporting probation. The offender shall assume reasonable costs

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for such education, evaluation, and treatment. The referral to

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treatment resulting from a psychosocial evaluation shall not be

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waived without a supporting independent psychosocial evaluation

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conducted by an authorized substance abuse treatment provider

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appointed by the court, which shall have access to the DUI

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program's psychosocial evaluation before the independent

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psychosocial evaluation is conducted. The court shall review the

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results and recommendations of both evaluations before

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determining the request for waiver. The offender shall bear the

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full cost of this procedure. The term "substance abuse" means

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the abuse of alcohol or any substance named or described in

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Schedules I through V of s. 893.03. If an offender referred to

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treatment under this subsection fails to report for or complete

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such treatment or fails to complete the DUI program substance

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abuse education course and evaluation, the DUI program shall

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notify the court and the department of the failure. Upon receipt

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of the notice, the department shall cancel the offender's

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driving privilege, notwithstanding the terms of the court order

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or any suspension or revocation of the driving privilege. The

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department may temporarily reinstate the driving privilege on a

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restricted basis upon verification from the DUI program that the

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offender is currently participating in treatment and the DUI

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education course and evaluation requirement has been completed.

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If the DUI program notifies the department of the second failure

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to complete treatment, the department shall reinstate the

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driving privilege only after notice of completion of treatment

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from the DUI program. The organization that conducts the

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substance abuse education and evaluation may not provide

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required substance abuse treatment unless a waiver has been

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granted to that organization by the department. A waiver may be

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granted only if the department determines, in accordance with

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its rules, that the service provider that conducts the substance

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abuse education and evaluation is the most appropriate service

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provider and is licensed under chapter 397 or is exempt from

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such licensure. A statistical referral report shall be submitted

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quarterly to the department by each organization authorized to

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provide services under this section.

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(6) With respect to any person convicted of a violation of

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subsection (1), regardless of any penalty imposed pursuant to

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subsection (2), subsection (3), or subsection (4):

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(a) For the first conviction, the court shall place the

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defendant on probation for a period not to exceed 1 year and, as

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a condition of such probation, shall order the defendant to

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participate in public service or a community work project for a

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minimum of 50 hours; or the court may order instead, that any

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defendant pay an additional fine of $10 for each hour of public

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service or community work otherwise required, if, after

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consideration of the residence or location of the defendant at

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the time public service or community work is required, payment

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of the fine is in the best interests of the state. However, the

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total period of probation and incarceration may not exceed 1

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year. The court must also, as a condition of probation, order

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the impoundment or immobilization of the vehicle that was

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operated by or in the actual control of the defendant or any one

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vehicle registered in the defendant's name at the time of

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impoundment or immobilization, for a period of 10 days or for

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the unexpired term of any lease or rental agreement that expires

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within 10 days. The impoundment or immobilization must not occur

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concurrently with the incarceration of the defendant. The

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impoundment or immobilization order may be dismissed in

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accordance with paragraph (e), paragraph (f), paragraph (g), or

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paragraph (h).

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(b) For the second conviction for an offense that occurs

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within a period of 5 years after the date of a prior conviction

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for violation of this section, the court shall order

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imprisonment for not less than 10 days. The court must also, as

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a condition of probation, order the impoundment or

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immobilization of all vehicles owned by the defendant at the

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time of impoundment or immobilization, for a period of 30 days

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or for the unexpired term of any lease or rental agreement that

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expires within 30 days. The impoundment or immobilization must

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not occur concurrently with the incarceration of the defendant

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and must occur concurrently with the driver's license revocation

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imposed under s. 322.28(2)(a)2. The impoundment or

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immobilization order may be dismissed in accordance with

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paragraph (e), paragraph (f), paragraph (g), or paragraph (h).

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At least 48 hours of confinement must be consecutive.

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that occurs within a period of 10 years after the date of a

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prior conviction for violation of this section, the court shall

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order imprisonment for not less than 30 days. The court must

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also, as a condition of probation, order the impoundment or

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immobilization of all vehicles owned by the defendant at the

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time of impoundment or immobilization, for a period of 90 days

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or for the unexpired term of any lease or rental agreement that

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expires within 90 days. The impoundment or immobilization must

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not occur concurrently with the incarceration of the defendant

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and must occur concurrently with the driver's license revocation

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imposed under s. 322.28(2)(a)3. The impoundment or

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immobilization order may be dismissed in accordance with

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paragraph (e), paragraph (f), paragraph (g), or paragraph (h).

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At least 48 hours of confinement must be consecutive.

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(d) The court must at the time of sentencing the defendant

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issue an order for the impoundment or immobilization of a

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vehicle. Within 7 business days after the date that the court

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issues the order of impoundment or immobilization, the clerk of

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the court must send notice by certified mail, return receipt

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requested, to the registered owner of each vehicle, if the

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registered owner is a person other than the defendant, and to

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each person of record claiming a lien against the vehicle.

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(e) A person who owns but was not operating the vehicle

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when the offense occurred may submit to the court a police

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report indicating that the vehicle was stolen at the time of the

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offense or documentation of having purchased the vehicle after

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the offense was committed from an entity other than the

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defendant or the defendant's agent. If the court finds that the

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vehicle was stolen or that the sale was not made to circumvent

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the order and allow the defendant continued access to the

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vehicle, the order must be dismissed and the owner of the

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vehicle will incur no costs. If the court denies the request to

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dismiss the order of impoundment or immobilization, the

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petitioner may request an evidentiary hearing.

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(f) A person who owns but was not operating the vehicle

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when the offense occurred, and whose vehicle was stolen or who

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purchased the vehicle after the offense was committed directly

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from the defendant or the defendant's agent, may request an

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evidentiary hearing to determine whether the impoundment or

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immobilization should occur. If the court finds that either the

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vehicle was stolen or the purchase was made without knowledge of

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the offense, that the purchaser had no relationship to the

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defendant other than through the transaction, and that such

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purchase would not circumvent the order and allow the defendant

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continued access to the vehicle, the order must be dismissed and

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the owner of the vehicle will incur no costs.

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(g) The court shall also dismiss the order of impoundment

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or immobilization of the vehicle if the court finds that the

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family of the owner of the vehicle has no other private or

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public means of transportation.

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(h) The court may also dismiss the order of impoundment or

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immobilization of any vehicles that are owned by the defendant

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but that are operated solely by the employees of the defendant

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or any business owned by the defendant.

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(i) All costs and fees for the impoundment or

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immobilization, including the cost of notification, must be paid

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by the owner of the vehicle or, if the vehicle is leased or

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rented, by the person leasing or renting the vehicle, unless the

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impoundment or immobilization order is dismissed. All provisions

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of s. 713.78 shall apply.

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(j) The person who owns a vehicle that is impounded or

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immobilized under this paragraph, or a person who has a lien of

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record against such a vehicle and who has not requested a review

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of the impoundment pursuant to paragraph (e), paragraph (f), or

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paragraph (g), may, within 10 days after the date that person

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has knowledge of the location of the vehicle, file a complaint

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in the county in which the owner resides to determine whether

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the vehicle was wrongfully taken or withheld from the owner or

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lienholder. Upon the filing of a complaint, the owner or

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lienholder may have the vehicle released by posting with the

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court a bond or other adequate security equal to the amount of

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the costs and fees for impoundment or immobilization, including

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towing or storage, to ensure the payment of such costs and fees

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if the owner or lienholder does not prevail. When the bond is

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posted and the fee is paid as set forth in s. 28.24, the clerk

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of the court shall issue a certificate releasing the vehicle. At

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the time of release, after reasonable inspection, the owner or

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lienholder must give a receipt to the towing or storage company

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indicating any loss or damage to the vehicle or to the contents

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of the vehicle.

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(k) A defendant, in the court's discretion, may be

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required to serve all or any portion of a term of imprisonment

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to which the defendant has been sentenced pursuant to this

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section in a residential alcoholism treatment program or a

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residential drug abuse treatment program. Any time spent in such

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a program must be credited by the court toward the term of

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imprisonment.

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For the purposes of this section, any conviction for a violation

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of s. 327.35; a previous conviction for the violation of former

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

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previous conviction outside this state for driving under the

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influence, driving while intoxicated, driving with an unlawful

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blood-alcohol level, driving with an unlawful breath-alcohol

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level, or any other similar alcohol-related or drug-related

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traffic offense, is also considered a previous conviction for

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violation of this section. However, in satisfaction of the fine

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imposed pursuant to this section, the court may, upon a finding

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that the defendant is financially unable to pay either all or

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part of the fine, order that the defendant participate for a

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specified additional period of time in public service or a

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community work project in lieu of payment of that portion of the

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fine which the court determines the defendant is unable to pay.

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In determining such additional sentence, the court shall

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consider the amount of the unpaid portion of the fine and the

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reasonable value of the services to be ordered; however, the

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court may not compute the reasonable value of services at a rate

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less than the federal minimum wage at the time of sentencing.

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(7) A conviction under this section does not bar any civil

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suit for damages against the person so convicted.

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(8) At the arraignment, or in conjunction with any notice

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of arraignment provided by the clerk of the court, the clerk

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shall provide any person charged with a violation of this

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section with notice that upon conviction the court shall suspend

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or revoke the offender's driver's license and that the offender

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should make arrangements for transportation at any proceeding in

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which the court may take such action. Failure to provide such

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notice does not affect the court's suspension or revocation of

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the offender's driver's license.

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(9) A person who is arrested for a violation of this

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section may not be released from custody:

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(a) Until the person is no longer under the influence of

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alcoholic beverages, any chemical substance set forth in s.

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877.111, or any substance controlled under chapter 893 and

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affected to the extent that his or her normal faculties are

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impaired;

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(b) Until the person's blood-alcohol level or breath-

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alcohol level is less than 0.05; or

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was arrested.

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(10) The rulings of the Department of Highway Safety and

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Motor Vehicles under s. 322.2615 shall not be considered in any

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trial for a violation of this section. Testimony or evidence

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from the administrative proceedings or any written statement

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submitted by a person in his or her request for administrative

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review is inadmissible into evidence or for any other purpose in

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any criminal proceeding, unless timely disclosed in criminal

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discovery pursuant to Rule 3.220, Florida Rules of Criminal

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Procedure.

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(11) The Department of Highway Safety and Motor Vehicles

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is directed to adopt rules providing for the implementation of

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the use of ignition interlock devices.

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Section 2. Subsection (10) of section 318.14, Florida

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Statutes, is amended to read:

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318.14 Noncriminal traffic infractions; exception;

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procedures.--

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(10)(a) Any person cited for an offense listed under this

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subsection may, in lieu of payment of fine or court appearance,

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elect to enter a plea of nolo contendere and provide proof of

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compliance to the clerk of the court or authorized operator of a

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traffic violations bureau. In such case, adjudication shall be

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withheld; however, no election shall be made under this

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subsection if such person has made an election under this

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subsection in the 12 months preceding election hereunder. No

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person may make more than three elections under this subsection.

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This subsection applies to the following offenses:

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1. Operating a motor vehicle without a valid driver's

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license in violation of the provisions of s. 322.03, s. 322.065,

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or s. 322.15(1), or operating a motor vehicle with a license

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which has been suspended for failure to appear, failure to pay

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civil penalty, or failure to attend a driver improvement course

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pursuant to s. 322.291.

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2. Operating a motor vehicle without a valid registration

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in violation of s. 320.0605, s. 320.07, or s. 320.131.

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3. Operating a motor vehicle in violation of s. 316.646.

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(b) Any person cited for an offense listed in this

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subsection shall present proof of compliance prior to the

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scheduled court appearance date. For the purposes of this

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subsection, proof of compliance shall consist of a valid,

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renewed, or reinstated driver's license or registration

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certificate and proper proof of maintenance of security as

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required by s. 316.646. Notwithstanding waiver of fine, any

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person establishing proof of compliance shall be assessed court

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costs of $35~~$22~~, except that a person charged with violation of

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s. 316.646(1)-(3) may be assessed court costs of $20$7.

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Thirteen dollars of such costs shall be remitted to the

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Department of Revenue for transfer into the Florida Highway

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Patrol Recruitment and Retention Trust Fund.One dollar of such

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costs shall be remitted to the Department of Revenue for deposit

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into the Child Welfare Training Trust Fund of the Department of

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Children and Family Services. One dollar of such costs shall be

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distributed to the Department of Juvenile Justice for deposit

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into the Juvenile Justice Training Trust Fund. Twelve dollars of

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such costs shall be distributed to the municipality and $8 shall

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be retained by the county, if the offense was committed within

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the municipality. If the offense was committed in an

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unincorporated area of a county or if the citation was for a

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violation of s. 316.646(1)-(3), the county shall retain the

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entire amount, except for the moneys to be deposited into the

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Florida Highway Patrol Recruitment and Retention Trust Fund,the

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Child Welfare Training Trust Fund,and the Juvenile Justice

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Training Trust Fund. This subsection shall not be construed to

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authorize the operation of a vehicle without a valid driver's

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license, without a valid vehicle tag and registration, or

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without the maintenance of required security.

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Section 3. Section 322.03, Florida Statutes, is amended to

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read:

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322.03 Drivers must be licensed; penalties.--

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(1) Except as otherwise authorized in this chapter, a

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person may not drive any motor vehicle upon a highway in this

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state unless such person has a valid driver's license under the

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provisions of this chapter.

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(a) A person who drives a commercial motor vehicle shall

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not receive a driver's license unless and until he or she

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surrenders to the department all driver's licenses in his or her

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possession issued to him or her by any other jurisdiction or

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makes an affidavit that he or she does not possess a driver's

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license. Any such person who fails to surrender such licenses or

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who makes a false affidavit concerning such licenses is guilty

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of a misdemeanor of the first degree, punishable as provided in

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s. 775.082 or s. 775.083.

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(b) A person who does not drive a commercial motor vehicle

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is not required to surrender a license issued by another

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jurisdiction, upon a showing to the department that such license

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is necessary because of employment or part-time residence. Any

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person who retains a driver's license because of employment or

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part-time residence shall, upon qualifying for a license in this

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state, be issued a driver's license which shall be valid within

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this state only. All surrendered licenses may be returned by the

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department to the issuing jurisdiction together with information

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that the licensee is now licensed in a new jurisdiction or may

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be destroyed by the department, which shall notify the issuing

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jurisdiction of such destruction. A person may not have more

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than one valid Florida driver's license at any time.

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

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shall require any person who has been convicted two or more

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times of a violation of s. 316.193 or of a substantially similar

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alcohol-related or drug-related offense outside this state

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within the preceding 5 years, or who has been convicted of three

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or more such offenses within the preceding 10 years, to present

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proof of successful completion of or enrollment in a department-

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approved substance abuse education course. If the person fails

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to complete such education course within 90 days after issuance,

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the department shall cancel the license. Further, prior to

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issuing the driver's license the department shall require such

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person to present proof of financial responsibility as provided

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in s. 324.031. For the purposes of this paragraph, a previous

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conviction for violation of former s. 316.028, former s.

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316.1931, or former s. 860.01 shall be considered a previous

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conviction for violation of s. 316.193.

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(3)(a) The department may not issue a commercial driver's

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

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(b) A resident of this state who is required by the laws

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of this state to possess a commercial driver's license may not

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operate a commercial motor vehicle in this state unless he or

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she possesses a valid commercial driver's license issued by this

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state. Except as provided in paragraph (c), any person who

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violates this paragraph is guilty of a misdemeanor of the first

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degree, punishable as provided in s. 775.082 or s. 775.083.

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expired for a period of 30 days or less and who drives a

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commercial motor vehicle within this state is guilty of a

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nonmoving violation, punishable as provided in s. 318.18.

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(4) A person may not operate a motorcycle unless he or she

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holds a driver's license that authorizes such operation, subject

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to the appropriate restrictions and endorsements.

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(5) It is a violation of this section for any person whose

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driver's license has been expired for more than 4 months to

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operate a motor vehicle on the highways of this state.

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(6) A person who is charged with a violation of this

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section, other than a violation of paragraph (a) of subsection

512

(1), may not be convicted if, prior to or at the time of his or

513

her court or hearing appearance, the person produces in court or

514

to the clerk of the court in which the charge is pending a

515

driver's license issued to him or her and valid at the time of

516

his or her arrest. The clerk of the court is authorized to

517

dismiss such case at any time prior to the defendant's

518

appearance in court. The clerk of the court may assess a fee of

519

$5 for dismissing the case under this subsection.

520

(7) In addition to any other penalty imposed for a

521

violation of this section, the court shall impose an additional

522

fine of $13, which additional fine, when collected, shall be

523

remitted to the Department of Revenue for transfer into the

524

Florida Highway Patrol Recruitment and Retention Trust Fund.

525

Section 4. Section 322.065, Florida Statutes, is amended

526

to read:

527

322.065 Driver's license expired for 4 months or less;

528

penalties.--Any person whose driver's license has been expired

529

for 4 months or less and who drives a motor vehicle upon the

530

highways of this state is guilty of an infraction and subject to

531

the penalty provided in s. 318.18 and an additional fine of $13,

532

which additional fine, when collected, shall be remitted to the

533

Department of Revenue for transfer into the Florida Highway

534

Patrol Recruitment and Retention Trust Fund.

535

Section 5. Subsection (2) of section 322.12, Florida

536

Statutes, is amended to read:

537

322.12 Examination of applicants.--

538

(2) The department shall examine every applicant for a

539

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

540

another state or country, except as otherwise provided in this

541

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

542

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

543

successfully completing the examination showing his or her

544

ability to operate a motor vehicle as provided for herein and

545

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

546

322.17(2). Any person who applies for reinstatement following

547

the suspension or revocation of his or her driver's license

548

shall pay a service fee of $125~~$25~~ following a suspension, and

549

$250~~$50~~following a revocation, which is in addition to the fee

550

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

551

commercial driver's license following the disqualification of

552

his or her privilege to operate a commercial motor vehicle shall

553

pay a service fee of $250~~$50~~, which is in addition to the fee

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for a license. The department shall collect all of these fees at

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the time of reinstatement. The department shall issue proper

556

receipts for such fees and shall promptly transmit all funds

557

received by it as follows:

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(a) Of the $125~~$25~~fee received from a licensee for

559

reinstatement following a suspension, the department shall

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deposit $15 in the General Revenue Fund, shall remit $100 to the

561

Department of Revenue for transfer into the Florida Highway

562

Patrol Recruitment and Retention Trust Fund, and shall deposit

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the remaining $10 in the Highway Safety Operating Trust Fund.

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(b) Of the $250~~$50~~fee received from a licensee for

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reinstatement following a revocation or disqualification, the

566

department shall deposit $35 in the General Revenue Fund, shall

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remit $200 to the Department of Revenue for transfer into the

568

Florida Highway Patrol Recruitment and Retention Trust Fund, and

569

shall depositthe remaining $15 in the Highway Safety Operating

570

Trust Fund.

571

572

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

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

574

breath, blood, or urine test, an additional fee of $105 must be

575

charged. However, only one such $105 fee is to be collected from

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one person convicted of such violations arising out of the same

577

incident. The department shall collect the $105 fee and deposit

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it into the Highway Safety Operating Trust Fund at the time of

579

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

580

not be collected if the suspension or revocation was overturned.

581

Section 6. Section 322.15, Florida Statutes, is amended to

582

read:

583

322.15 License to be carried and exhibited on demand;

584

fingerprint to be imprinted upon a citation.--

585

(1) Every licensee shall have his or her driver's license,

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which must be fully legible with no portion of such license

587

faded, altered, mutilated, or defaced, in his or her immediate

588

possession at all times when operating a motor vehicle and shall

589

display the same upon the demand of a law enforcement officer or

590

an authorized representative of the department.

591

(2) Upon the failure of any person to display a driver's

592

license as required by subsection (1), the law enforcement

593

officer or authorized representative of the department stopping

594

the person shall require the person to imprint his or her

595

fingerprint upon any citation issued by the officer or

596

authorized representative.

597

(3) In relation to violations of subsection (1) or s.

598

322.03(5), persons who cannot supply proof of a valid driver's

599

license for the reason that the license was suspended for

600

failure to comply with that citation shall be issued a

601

suspension clearance by the clerk of the court for that citation

602

upon payment of the applicable penalty and fee for that

603

citation. If proof of a valid driver's license is not provided

604

to the clerk of the court within 30 days, the person's driver's

605

license shall again be suspended for failure to comply.

606

(4) A violation of subsection (1) is a noncriminal traffic

607

infraction, punishable as a nonmoving violation as provided in

608

chapter 318.18 and by an additional fine of $13, which

609

additional fine, when collected, shall be remitted to the

610

Department of Revenue for transfer into the Florida Highway

611

Patrol Recruitment and Retention Trust Fund.

612

Section 7. This act shall take effect July 1, 2003.