CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 26-A
    Amendment No. 5   Barcode 593788
                            CHAMBER ACTION
              Senate                               House
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11  The Conference Committee on CS for SB 26-A recommended the
12  following amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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
21  appear; penalty.--
22         (2)  After suspension of the driver's license and
23  privilege to drive of a person under subsection (1), the
24  license and privilege may not be reinstated until the person
25  complies with all obligations and penalties imposed on him or
26  her under s. 318.18 and presents to a driver license office a
27  certificate of compliance issued by the court, together with
28  the $35 $25 nonrefundable service fee imposed under s. 322.29,
29  or presents the certificate of compliance and pays the
30  aforementioned $35 $25 service fee to the clerk of the court
31  or tax collector clearing such suspension, with $10 of the fee
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    11:19 AM   05/22/03                                 c0026Ac-05

CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 collected by the clerk of the court or tax collector to be 2 remitted to the Department of Revenue to be deposited into the 3 Highway Safety Operating Trust Fund. Such person shall also be 4 in compliance with requirements of chapter 322 prior to 5 reinstatement. 6 Section 2. Subsections (2) and (3) of section 322.051, 7 Florida Statutes, are amended to read: 8 322.051 Identification cards.-- 9 (2)(a) Every identification card shall expire, unless 10 canceled earlier, on the fourth birthday of the applicant 11 following the date of original issue. However, if an 12 individual is 60 years of age or older, and has an 13 identification card issued under this section, the card shall 14 not expire unless done so by cancellation by the department or 15 by the death of the cardholder. Renewal of any identification 16 card shall be made for a term which shall expire on the fourth 17 birthday of the applicant following expiration of the 18 identification card renewed, unless surrendered earlier. Any 19 application for renewal received later than 90 days after 20 expiration of the identification card shall be considered the 21 same as an application for an original identification card. 22 The renewal fee for an identification card shall be $10, of 23 which $4 shall be deposited into the General Revenue Fund and 24 $6 into the Highway Safety Operating Trust Fund $3. The 25 department shall, at the end of 4 years and 6 months after the 26 issuance or renewal of an identification card, destroy any 27 record of the card if it has expired and has not been renewed, 28 unless the cardholder is 60 years of age or older. 29 (b) Notwithstanding any other provision of this 30 chapter, if an applicant establishes his or her identity for 31 an identification card using a document authorized under 2 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 sub-subparagraph (a)3.d., the identification card shall expire 2 on the fourth birthday of the applicant following the date of 3 original issue or upon first renewal or duplicate issued after 4 implementation of this section. After an initial showing of 5 such documentation, he or she is exempted from having to renew 6 or obtain a duplicate in person. 7 (c) Notwithstanding any other provisions of this 8 chapter, if an applicant establishes his or her identity for 9 an identification card using an identification document 10 authorized under sub-subparagraphs (a)3.e.-f., the 11 identification card shall expire 2 4 years after the date of 12 issuance or upon the expiration date cited on the United 13 States Department of Justice documents, whichever date first 14 occurs, and may not be renewed or obtain a duplicate except in 15 person. 16 (3) If In the event an identification card issued 17 under this section is lost, destroyed, or mutilated or a new 18 name is acquired, the person to whom it was issued may obtain 19 a duplicate upon furnishing satisfactory proof of such fact to 20 the department and upon payment of a fee of $10 $2.50 for such 21 duplicate, $2.50 of which shall be deposited into the General 22 Revenue Fund and $7.50 into the Highway Safety Operating Trust 23 Fund. The fee which shall include payment for the color 24 photograph or digital image of the applicant. Any person who 25 loses an identification card and who, after obtaining a 26 duplicate, finds the original card shall immediately surrender 27 the original card to the department. The same documentary 28 evidence shall be furnished for a duplicate as for an original 29 identification card. 30 Section 3. Subsections (1) and (2) and paragraph (a) 31 of subsection (5) of section 322.12, Florida Statutes, are 3 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 amended to read: 2 322.12 Examination of applicants.-- 3 (1) It is the intent of the Legislature that every 4 applicant for an original driver's license in this state be 5 required to pass an examination pursuant to this section. 6 However, the department may waive the knowledge, endorsement, 7 and skills tests for an applicant who is otherwise qualified 8 and who surrenders a valid driver's license from another state 9 or a province of Canada, or a valid driver's license issued by 10 the United States Armed Forces, if the driver applies for a 11 Florida license of an equal or lesser classification. Any 12 applicant who fails to pass the initial knowledge test will 13 incur a $5 fee for each subsequent test, to be deposited into 14 the Highway Safety Operating Trust Fund. Any applicant who 15 fails to pass the initial skills test will incur a $10 fee for 16 each subsequent test, to be deposited into the Highway Safety 17 Operating Trust Fund. A person who seeks to retain a 18 hazardous-materials endorsement, pursuant to s. 322.57(1)(d), 19 must pass the hazardous-materials test, upon surrendering his 20 or her commercial driver's license, if the person has not 21 taken and passed the hazardous-materials test within 2 years 22 preceding his or her application for a commercial driver's 23 license in this state. 24 (2) The department shall examine every applicant for a 25 driver's license, including an applicant who is licensed in 26 another state or country, except as otherwise provided in this 27 chapter. A person who holds a learner's driver's license as 28 provided for in s. 322.1615 is not required to pay a fee for 29 successfully completing the examination showing his or her 30 ability to operate a motor vehicle as provided for herein and 31 need not pay the fee for a replacement license as provided in 4 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 s. 322.17(2). Any person who applies for reinstatement 2 following the suspension or revocation of his or her driver's 3 license shall pay a service fee of $25 following a suspension, 4 and $50 following a revocation, which is in addition to the 5 fee for a license. Any person who applies for reinstatement of 6 a commercial driver's license following the disqualification 7 of his or her privilege to operate a commercial motor vehicle 8 shall pay a service fee of $50, which is in addition to the 9 fee for a license. The department shall collect all of these 10 fees at the time of reinstatement. The department shall issue 11 proper receipts for such fees and shall promptly transmit all 12 funds received by it as follows: 13 (a) Of the $25 fee received from a licensee for 14 reinstatement following a suspension, the department shall 15 deposit $15 in the General Revenue Fund and the remaining $10 16 in the Highway Safety Operating Trust Fund. 17 (b) Of the $50 fee received from a licensee for 18 reinstatement following a revocation or disqualification, the 19 department shall deposit $35 in the General Revenue Fund and 20 the remaining $15 in the Highway Safety Operating Trust Fund. 21 22 If the revocation or suspension of the driver's license was 23 for a violation of s. 316.193, or for refusal to submit to a 24 lawful breath, blood, or urine test, an additional fee of $105 25 must be charged. However, only one such $105 fee is to be 26 collected from one person convicted of such violations arising 27 out of the same incident. The department shall collect the 28 $105 fee and deposit it into the Highway Safety Operating 29 Trust Fund at the time of reinstatement of the person's 30 driver's license, but the fee must not be collected if the 31 suspension or revocation was overturned. 5 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 (5)(a) The department shall formulate a separate 2 examination for applicants for licenses to operate 3 motorcycles. Any applicant for a driver's license who wishes 4 to operate a motorcycle, and who is otherwise qualified, must 5 successfully complete such an examination, which is in 6 addition to the examination administered under subsection (3). 7 The examination must test the applicant's knowledge of the 8 operation of a motorcycle and of any traffic laws specifically 9 relating thereto and must include an actual demonstration of 10 his or her ability to exercise ordinary and reasonable control 11 in the operation of a motorcycle. Any applicant who fails to 12 pass the initial knowledge examination will incur a $5 fee for 13 each subsequent examination, to be deposited into the Highway 14 Safety Operating Trust Fund. Any applicant who fails to pass 15 the initial skills examination will incur a $10 fee for each 16 subsequent examination, to be deposited into the Highway 17 Safety Operating Trust Fund. In the formulation of the 18 examination, the department shall consider the use of the 19 Motorcycle Operator Skills Test and the Motorcycle in Traffic 20 Test offered by the Motorcycle Safety Foundation. The 21 department shall indicate on the license of any person who 22 successfully completes the examination that the licensee is 23 authorized to operate a motorcycle. If the applicant wishes 24 to be licensed to operate a motorcycle only, he or she need 25 not take the skill or road test required under subsection (3) 26 for the operation of a motor vehicle, and the department shall 27 indicate such a limitation on his or her license as a 28 restriction. Every first-time applicant for licensure to 29 operate a motorcycle who is under 21 years of age must provide 30 proof of completion of a motorcycle safety course, as provided 31 for in s. 322.0255, before the applicant may be licensed to 6 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 operate a motorcycle. 2 Section 4. Subsection (8) is added to section 322.21, 3 Florida Statutes, to read: 4 322.21 License fees; procedure for handling and 5 collecting fees.-- 6 (8) Any person who applies for reinstatement following 7 the suspension or revocation of the person's driver's license 8 shall pay a service fee of $35 following a suspension, and $60 9 following a revocation, which is in addition to the fee for a 10 license. Any person who applies for reinstatement of a 11 commercial driver's license following the disqualification of 12 the person's privilege to operate a commercial motor vehicle 13 shall pay a service fee of $60, which is in addition to the 14 fee for a license. The department shall collect all of these 15 fees at the time of reinstatement. The department shall issue 16 proper receipts for such fees and shall promptly transmit all 17 funds received by it as follows: 18 (a) Of the $35 fee received from a licensee for 19 reinstatement following a suspension, the department shall 20 deposit $15 in the General Revenue Fund and $20 in the Highway 21 Safety Operating Trust Fund. 22 (b) Of the $60 fee received from a licensee for 23 reinstatement following a revocation or disqualification, the 24 department shall deposit $35 in the General Revenue Fund and 25 $25 in the Highway Safety Operating Trust Fund. 26 27 If the revocation or suspension of the driver's license was 28 for a violation of s. 316.193, or for refusal to submit to a 29 lawful breath, blood, or urine test, an additional fee of $115 30 must be charged. However, only one $115 fee may be collected 31 from one person convicted of violations arising out of the 7 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 same incident. The department shall collect the $115 fee and 2 deposit the fee into the Highway Safety Operating Trust Fund 3 at the time of reinstatement of the person's driver's license, 4 but the fee may not be collected if the suspension or 5 revocation is overturned. 6 Section 5. Subsection (4) of section 322.251, Florida 7 Statutes, is amended to read: 8 322.251 Notice of cancellation, suspension, 9 revocation, or disqualification of license.-- 10 (4) A person whose privilege to operate a commercial 11 motor vehicle is temporarily disqualified may, upon 12 surrendering his or her commercial driver's license, be issued 13 a Class D or Class E driver's license, valid for the length of 14 his or her unexpired commercial driver's license, at no cost. 15 Such person may, upon the completion of his or her 16 disqualification, be issued a commercial driver's license, of 17 the type disqualified, for the remainder of his or her 18 unexpired license period. Any such person shall pay the 19 reinstatement fee provided in s. 322.21 s. 322.12 before being 20 issued a commercial driver's license. 21 Section 6. Subsection (2) of section 322.29, Florida 22 Statutes, is amended to read: 23 322.29 Surrender and return of license.-- 24 (2) The provisions of subsection (1) to the contrary 25 notwithstanding, no examination is required for the return of 26 a license suspended under s. 318.15 or s. 322.245 unless an 27 examination is otherwise required by this chapter. Every 28 person applying for the return of a license suspended under s. 29 318.15 or s. 322.245 shall present to the department 30 certification from the court that he or she has complied with 31 all obligations and penalties imposed on him or her pursuant 8 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 to s. 318.15 or, in the case of a suspension pursuant to s. 2 322.245, that he or she has complied with all directives of 3 the court and the requirements of s. 322.245 and shall pay to 4 the department a nonrefundable service fee of $35, of which 5 $25 shall be deposited into the General Revenue Fund and $10 6 shall be deposited into the Highway Safety Operating Trust 7 Fund $25. If reinstated by the clerk of the court or tax 8 collector, $25 shall be retained and $10 shall be remitted to 9 the Department of Revenue for deposit into the Highway Safety 10 Operating Trust Fund. However, the service fee is not required 11 if the person is required to pay a $35 $25 fee or $60 $50 fee 12 under the provisions of s. 322.21 s. 322.12(2). 13 Section 7. If any law that is amended by this act was 14 also amended by a law enacted at the 2003 Regular Session of 15 the Legislature, such laws shall be construed as if they had 16 been enacted during the same session of the Legislature, and 17 full effect should be given to each if that is possible. 18 Section 8. This act shall take effect October 1, 2003. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to motor vehicles; amending s. 28 318.15, F.S.; providing for driver's license 29 reinstatement; providing for disposition of 30 fees; amending s. 322.051, F.S.; revising fees; 31 amending s. 322.12, F.S.; revising provisions 9 11:19 AM 05/22/03 c0026Ac-05
CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 26-A Amendment No. 5 Barcode 593788 1 relating to the subsequent testing of driving 2 knowledge and skills; amending s. 322.21, F.S.; 3 providing driver's license reinstatement fees; 4 providing for fee distribution; amending s. 5 322.251, F.S.; providing a conforming change; 6 amending s. 322.29, F.S.; providing driver's 7 license reinstatement fees; providing for fee 8 distribution; providing for construction of the 9 act in pari materia with laws enacted during 10 the Regular Session of the Legislature; 11 providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 11:19 AM 05/22/03 c0026Ac-05