HOUSE AMENDMENT Bill No. CS/SB 26A
1	CHAMBER ACTION
2	Senate House
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12	Representative Waters offered the following:
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14	Amendment (with title amendment)
15	Remove: everything after the enacting clause
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17	and insert:
18	Section 1. Subsection (2) of section 318.15, Florida
19	Statutes, is amended to read:
20	318.15 Failure to comply with civil penalty or to appear;
21	penalty.--
22	(2) After suspension of the driver's license and privilege
23	to drive of a person under subsection (1), the license and
24	privilege may not be reinstated until the person complies with
25	all obligations and penalties imposed on him or her under s.
26	318.18 and presents to a driver license office a certificate of
27	compliance issued by the court, together with the $35$25
28	nonrefundable service fee imposed under s. 322.29, or presents
29	the certificate of compliance and pays the aforementioned $35
30	$25service fee to the clerk of the court or tax collector
31	clearing such suspension, with $10 of the fee collected by the
32	clerk of the court or tax collector to be remitted to the
33	Department of Revenue to be deposited into the Highway Safety
34	Operating Trust Fund. Such person shall also be in compliance
35	with requirements of chapter 322 prior to reinstatement.
36	Section 2. Subsections (2) and (3) of section 322.051,
37	Florida Statutes, are amended, and subsection (8) is added to
38	that section, to read:
39	322.051 Identification cards.--
40	(2)(a) Every identification card shall expire, unless
41	canceled earlier, on the fourth birthday of the applicant
42	following the date of original issue. However, if an individual
43	is 60 years of age or older, and has an identification card
44	issued under this section, the card shall not expire unless done
45	so by cancellation by the department or by the death of the
46	cardholder. Renewal of any identification card shall be made
47	for a term which shall expire on the fourth birthday of the
48	applicant following expiration of the identification card
49	renewed, unless surrendered earlier. Any application for
50	renewal received later than 90 days after expiration of the
51	identification card shall be considered the same as an
52	application for an original identification card. The renewal
53	fee for an identification card shall be $10, of which $4 shall
54	be deposited into the General Revenue Fund and $6 into the
55	Highway Safety Operating Trust Fund$3. The department shall, at
56	the end of 4 years and 6 months after the issuance or renewal of
57	an identification card, destroy any record of the card if it has
58	expired and has not been renewed, unless the cardholder is 60
59	years of age or older.
60	(b) Notwithstanding any other provision of this chapter,
61	if an applicant establishes his or her identity for an
62	identification card using a document authorized under sub-
63	subparagraph (a)3.d., the identification card shall expire on
64	the fourth birthday of the applicant following the date of
65	original issue or upon first renewal or duplicate issued after
66	implementation of this section. After an initial showing of such
67	documentation, he or she is exempted from having to renew or
68	obtain a duplicate in person.
69	(c) Notwithstanding any other provisions of this chapter,
70	if an applicant establishes his or her identity for an
71	identification card using an identification document authorized
72	under sub-subparagraphs (a)3.e.-f., the identification card
73	shall expire 24years after the date of issuance or upon the
74	expiration date cited on the United States Department of Justice
75	documents, whichever date first occurs, and may not be renewed
76	or obtain a duplicate except in person.
77	(3) IfIn the eventan identification card issued under
78	this section is lost, destroyed, or mutilated or a new name is
79	acquired, the person to whom it was issued may obtain a
80	duplicate upon furnishing satisfactory proof of such fact to the
81	department and upon payment of a fee of $10$2.50for such
82	duplicate, $2.50 of which shall be deposited into the General
83	Revenue Fund and $7.50 into the Highway Safety Operating Trust
84	Fund. The feewhichshall include payment for the color
85	photograph or digital image of the applicant. Any person who
86	loses an identification card and who, after obtaining a
87	duplicate, finds the original card shall immediately surrender
88	the original card to the department. The same documentary
89	evidence shall be furnished for a duplicate as for an original
90	identification card.
91	(8) The department shall, upon receipt of the required
92	fee, issue to each qualified applicant for an identification
93	card a color photographic or digital image identification card
94	bearing a fullface photograph or digital image of the
95	identification cardholder. Notwithstanding chapter 761 or s.
96	761.05, the requirement for a fullface photograph or digital
97	image of the identification cardholder may not be waived. A
98	space shall be provided upon which the identification cardholder
99	shall affix his or her usual signature, as required in s.
100	322.14, in the presence of an authorized agent of the department
101	to ensure that the signature becomes a part of the
102	identification card.
103	Section 3. Subsections (1) and (2) and paragraph (a) of
104	subsection (5) of section 322.12, Florida Statutes, are amended
105	to read:
106	322.12 Examination of applicants.--
107	(1) It is the intent of the Legislature that every
108	applicant for an original driver's license in this state be
109	required to pass an examination pursuant to this section.
110	However, the department may waive the knowledge, endorsement,
111	and skills tests for an applicant who is otherwise qualified and
112	who surrenders a valid driver's license from another state or a
113	province of Canada, or a valid driver's license issued by the
114	United States Armed Forces, if the driver applies for a Florida
115	license of an equal or lesser classification. Any applicant who
116	fails to pass the initial knowledge test will incur a $5 fee for
117	each subsequent test, to be deposited into the Highway Safety
118	Operating Trust Fund. Any applicant who fails to pass the
119	initial skills test will incur a $10 fee for each subsequent
120	test, to be deposited into the Highway Safety Operating Trust
121	Fund.A person who seeks to retain a hazardous-materials
122	endorsement, pursuant to s. 322.57(1)(d), must pass the
123	hazardous-materials test, upon surrendering his or her
124	commercial driver's license, if the person has not taken and
125	passed the hazardous-materials test within 2 years preceding his
126	or her application for a commercial driver's license in this
127	state.
128	(2) The department shall examine every applicant for a
129	driver's license, including an applicant who is licensed in
130	another state or country, except as otherwise provided in this
131	chapter. A person who holds a learner's driver's license as
132	provided for in s. 322.1615 is not required to pay a fee for
133	successfully completing the examination showing his or her
134	ability to operate a motor vehicle as provided for herein and
135	need not pay the fee for a replacement license as provided in s.
136	322.17(2). Any person who applies for reinstatement following
137	the suspension or revocation of his or her driver's license
138	shall pay a service fee of $25 following a suspension, and $50
139	following a revocation, which is in addition to the fee for a
140	license. Any person who applies for reinstatement of a
141	commercial driver's license following the disqualification of
142	his or her privilege to operate a commercial motor vehicle shall
143	pay a service fee of $50, which is in addition to the fee for a
144	license. The department shall collect all of these fees at the
145	time of reinstatement. The department shall issue proper
146	receipts for such fees and shall promptly transmit all funds
147	received by it as follows:
148	(a) Of the $25 fee received from a licensee for
149	reinstatement following a suspension, the department shall
150	deposit $15 in the General Revenue Fund and the remaining $10 in
151	the Highway Safety Operating Trust Fund.
152	(b) Of the $50 fee received from a licensee for
153	reinstatement following a revocation or disqualification, the
154	department shall deposit $35 in the General Revenue Fund and the
155	remaining $15 in the Highway Safety Operating Trust Fund.
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157	If the revocation or suspension of the driver's license was for
158	a violation of s. 316.193, or for refusal to submit to a lawful
159	breath, blood, or urine test, an additional fee of $105 must be
160	charged. However, only one such $105 fee is to be collected
161	from one person convicted of such violations arising out of the
162	same incident. The department shall collect the $105 fee and
163	deposit it into the Highway Safety Operating Trust Fund at the
164	time of reinstatement of the person's driver's license, but the
165	fee must not be collected if the suspension or revocation was
166	overturned.
167	(5)(a) The department shall formulate a separate
168	examination for applicants for licenses to operate motorcycles.
169	Any applicant for a driver's license who wishes to operate a
170	motorcycle, and who is otherwise qualified, must successfully
171	complete such an examination, which is in addition to the
172	examination administered under subsection (3). The examination
173	must test the applicant's knowledge of the operation of a
174	motorcycle and of any traffic laws specifically relating thereto
175	and must include an actual demonstration of his or her ability
176	to exercise ordinary and reasonable control in the operation of
177	a motorcycle. Any applicant who fails to pass the initial
178	knowledge examination will incur a $5 fee for each subsequent
179	examination, to be deposited into the Highway Safety Operating
180	Trust Fund. Any applicant who fails to pass the initial skills
181	examination will incur a $10 fee for each subsequent
182	examination, to be deposited into the Highway Safety Operating
183	Trust Fund.In the formulation of the examination, the
184	department shall consider the use of the Motorcycle Operator
185	Skills Test and the Motorcycle in Traffic Test offered by the
186	Motorcycle Safety Foundation. The department shall indicate on
187	the license of any person who successfully completes the
188	examination that the licensee is authorized to operate a
189	motorcycle. If the applicant wishes to be licensed to operate a
190	motorcycle only, he or she need not take the skill or road test
191	required under subsection (3) for the operation of a motor
192	vehicle, and the department shall indicate such a limitation on
193	his or her license as a restriction. Every first-time applicant
194	for licensure to operate a motorcycle who is under 21 years of
195	age must provide proof of completion of a motorcycle safety
196	course, as provided for in s. 322.0255, before the applicant may
197	be licensed to operate a motorcycle.
198	Section 4. Subsection (1) of section 322.142, Florida
199	Statutes, is amended to read:
200	322.142 Color photographic or digital imaged licenses.--
201	(1) The department shall, upon receipt of the required
202	fee, issue to each qualified applicant for aan original
203	driver's license a color photographic or digital imaged driver's
204	license bearing a fullface photograph or digital image of the
205	licensee. Notwithstanding chapter 761 or s. 761.05, the
206	requirement for a fullface photograph or digital image of the
207	licensee may not be waived.A space shall be provided upon which
208	the licensee shall affix his or her usual signature, as required
209	in s. 322.14, in the presence of an authorized agent of the
210	department so as to ensure that such signature becomes a part of
211	the license.
212	Section 5. Subsection (8) is added to section 322.21,
213	Florida Statutes, to read:
214	322.21 License fees; procedure for handling and collecting
215	fees.--
216	(8) Any person who applies for reinstatement following the
217	suspension or revocation of the person's driver's license shall
218	pay a service fee of $35 following a suspension, and $60
219	following a revocation, which is in addition to the fee for a
220	license. Any person who applies for reinstatement of a
221	commercial driver's license following the disqualification of
222	the person's privilege to operate a commercial motor vehicle
223	shall pay a service fee of $60, which is in addition to the fee
224	for a license. The department shall collect all of these fees at
225	the time of reinstatement. The department shall issue proper
226	receipts for such fees and shall promptly transmit all funds
227	received by it as follows:
228	(a) Of the $35 fee received from a licensee for
229	reinstatement following a suspension, the department shall
230	deposit $15 in the General Revenue Fund and $20 in the Highway
231	Safety Operating Trust Fund.
232	(b) Of the $60 fee received from a licensee for
233	reinstatement following a revocation or disqualification, the
234	department shall deposit $35 in the General Revenue Fund and $25
235	in the Highway Safety Operating Trust Fund.
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237	If the revocation or suspension of the driver's license was for
238	a violation of s. 316.193, or for refusal to submit to a lawful
239	breath, blood, or urine test, an additional fee of $115 must be
240	charged. However, only one $115 fee may be collected from one
241	person convicted of violations arising out of the same incident.
242	The department shall collect the $115 fee and deposit the fee
243	into the Highway Safety Operating Trust Fund at the time of
244	reinstatement of the person's driver's license, but the fee may
245	not be collected if the suspension or revocation is overturned.
246	Section 6. Subsection (4) of section 322.251, Florida
247	Statutes, is amended to read:
248	322.251 Notice of cancellation, suspension, revocation, or
249	disqualification of license.--
250	(4) A person whose privilege to operate a commercial motor
251	vehicle is temporarily disqualified may, upon surrendering his
252	or her commercial driver's license, be issued a Class D or Class
253	E driver's license, valid for the length of his or her unexpired
254	commercial driver's license, at no cost. Such person may, upon
255	the completion of his or her disqualification, be issued a
256	commercial driver's license, of the type disqualified, for the
257	remainder of his or her unexpired license period. Any such
258	person shall pay the reinstatement fee provided in s. 322.21s.
259	322.12before being issued a commercial driver's license.
260	Section 7. Subsection (2) of section 322.29, Florida
261	Statutes, is amended to read:
262	322.29 Surrender and return of license.--
263	(2) The provisions of subsection (1) to the contrary
264	notwithstanding, no examination is required for the return of a
265	license suspended under s. 318.15 or s. 322.245 unless an
266	examination is otherwise required by this chapter. Every person
267	applying for the return of a license suspended under s. 318.15
268	or s. 322.245 shall present to the department certification from
269	the court that he or she has complied with all obligations and
270	penalties imposed on him or her pursuant to s. 318.15 or, in the
271	case of a suspension pursuant to s. 322.245, that he or she has
272	complied with all directives of the court and the requirements
273	of s. 322.245 and shall pay to the department a nonrefundable
274	service fee of $35, of which $25 shall be deposited into the
275	General Revenue Fund and $10 shall be deposited into the Highway
276	Safety Operating Trust Fund$25. If reinstated by the clerk of
277	the court or tax collector, $25 shall be retained and $10 shall
278	be remitted to the Department of Revenue for deposit into the
279	Highway Safety Operating Trust Fund.However, the service fee is
280	not required if the person is required to pay a $35$25 fee or
281	$60$50 fee under the provisions of s. 322.21s. 322.12(2).
282	Section 8. (1) Subsection (8) of section 316.614, Florida
283	Statutes, is amended to read:
284	316.614 Safety belt usage.--
285	(8) Any person who violates the provisions of this section
286	commits a nonmoving violation, punishable as provided in chapter
287	318. However, except for violations of s. 316.613, enforcement
288	of this section by state or local law enforcement agencies must
289	be accomplished only as a secondary action when a driver of a
290	motor vehicle has been detained for a suspected violation of
291	another section of this chapter, chapter 320, or chapter 322.
292	(2) This section shall be known by the popular name the
293	"Dori Slosberg Safety Belt Law."
294	Section 9. If any law that is amended by this act was also
295	amended by a law enacted at the 2003 Regular Session of the
296	Legislature, such laws shall be construed as if they had been
297	enacted during the same session of the Legislature, and full
298	effect should be given to each if that is possible.
299	Section 10. This act shall take effect October 1, 2003.
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302	================= T I T L E A M E N D M E N T =================
303	Remove: the entire title
304
305	and insert:
306	A bill to be entitled
307	An act relating to motor vehicles; amending s. 318.15,
308	F.S.; providing for driver's license reinstatement;
309	providing for disposition of fees; amending s. 322.051,
310	F.S.; revising fees; providing that the requirement for a
311	fullface photograph or digital image on an identification
312	card may not be waived under ch. 761, F.S.; amending s.
313	322.12, F.S.; revising provisions relating to the
314	subsequent testing of driving knowledge and skills;
315	amending s. 322.142, F.S.; providing that the requirement
316	for a fullface photograph or digital image on a driver's
317	license may not be waived under ch. 761, F.S.; amending s.
318	322.21, F.S.; providing driver license reinstatement fees;
319	providing for fee distribution; amending s. 322.251, F.S.;
320	providing a conforming change; amending s. 322.29, F.S.;
321	providing driver's license reinstatement fees; providing
322	for fee distribution; amending s. 316.614, F.S.; deleting
323	requirement for enforcement of the Florida Safety Belt Law
324	as a secondary action; providing a popular name; providing
325	for construction of the act in pari materia with laws
326	enacted during the Regular Session of the Legislature;
327	providing an effective date.