Senate Bill sb0026A

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    Florida Senate - 2003                                  SB 26-A

    By Senator Webster





    9-2586-03

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         318.15, F.S.; providing for driver's license

  4         reinstatement; providing for disposition of

  5         fees; amending s. 322.051, F.S.; revising fees;

  6         providing that the requirement for a fullface

  7         photograph or digital image on an

  8         identification card may not be waived under ch.

  9         761, F.S.; amending s. 322.12, F.S.; revising

10         provisions relating to the subsequent testing

11         of driving knowledge and skills; amending s.

12         322.142, F.S.; providing that the requirement

13         for a fullface photograph or digital image on a

14         driver's license may not be waived under ch.

15         761, F.S.; amending s. 322.17, F.S.; revising

16         provisions relating to the application for a

17         replacement or duplicate driver's license;

18         amending s. 322.21, F.S.; providing driver's

19         license reinstatement fees; providing for fee

20         distribution; amending s. 322.251, F.S.;

21         providing a conforming change; amending s.

22         322.29, F.S.; providing driver's license

23         reinstatement fees; providing for fee

24         distribution; providing for construction of the

25         act in pari materia with laws enacted during

26         the Regular Session of the Legislature;

27         providing an effective date.

28  

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

30  

31  

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    Florida Senate - 2003                                  SB 26-A
    9-2586-03




 1         Section 1.  Subsection (2) of section 318.15, Florida

 2  Statutes, is amended to read:

 3         318.15  Failure to comply with civil penalty or to

 4  appear; penalty.--

 5         (2)  After suspension of the driver's license and

 6  privilege to drive of a person under subsection (1), the

 7  license and privilege may not be reinstated until the person

 8  complies with all obligations and penalties imposed on him or

 9  her under s. 318.18 and presents to a driver license office a

10  certificate of compliance issued by the court, together with

11  the $35 $25 nonrefundable service fee imposed under s. 322.29,

12  or presents the certificate of compliance and pays the

13  aforementioned $35 $25 service fee to the clerk of the court

14  or tax collector clearing such suspension, with $10 of the fee

15  collected by the clerk of the court or tax collector to be

16  remitted to the Department of Revenue to be deposited into the

17  Highway Safety Operating Trust Fund. Such person shall also be

18  in compliance with requirements of chapter 322 prior to

19  reinstatement.

20         Section 2.  Subsections (2) and (3) of section 322.051,

21  Florida Statutes, are amended, and subsection (8) is added to

22  that section, to read:

23         322.051  Identification cards.--

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

25  canceled earlier, on the fourth birthday of the applicant

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

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

28  identification card issued under this section, the card shall

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

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

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

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    Florida Senate - 2003                                  SB 26-A
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 1  birthday of the applicant following expiration of the

 2  identification card renewed, unless surrendered earlier.  Any

 3  application for renewal received later than 90 days after

 4  expiration of the identification card shall be considered the

 5  same as an application for an original identification card.

 6  The renewal fee for an identification card shall be $10, of

 7  which $4 shall be deposited into the General Revenue Fund and

 8  $6 into the Highway Safety Operating Trust Fund $3. The

 9  department shall, at the end of 4 years and 6 months after the

10  issuance or renewal of an identification card, destroy any

11  record of the card if it has expired and has not been renewed,

12  unless the cardholder is 60 years of age or older.

13         (b)  Notwithstanding any other provision of this

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

15  an identification card using a document authorized under

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

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

18  original issue or upon first renewal or duplicate issued after

19  implementation of this section. After an initial showing of

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

21  or obtain a duplicate in person.

22         (c)  Notwithstanding any other provisions of this

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

24  an identification card using an identification document

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

26  identification card shall expire 2 4 years after the date of

27  issuance or upon the expiration date cited on the United

28  States Department of Justice documents, whichever date first

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

30  person.

31  

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    Florida Senate - 2003                                  SB 26-A
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 1         (3)  If In the event an identification card issued

 2  under this section is lost, destroyed, or mutilated or a new

 3  name is acquired, the person to whom it was issued may obtain

 4  a duplicate upon furnishing satisfactory proof of such fact to

 5  the department and upon payment of a fee of $10 $2.50 for such

 6  duplicate, $2.50 of which shall be deposited into the General

 7  Revenue Fund and $7.50 into the Highway Safety Operating Trust

 8  Fund. The fee which shall include payment for the color

 9  photograph or digital image of the applicant.  Any person who

10  loses an identification card and who, after obtaining a

11  duplicate, finds the original card shall immediately surrender

12  the original card to the department.  The same documentary

13  evidence shall be furnished for a duplicate as for an original

14  identification card.

15         (8)  The department shall, upon receipt of the required

16  fee, issue to each qualified applicant for an identification

17  card a color photographic or digital image identification card

18  bearing a fullface photograph or digital image of the

19  identification cardholder. Notwithstanding chapter 761 or s.

20  761.05, the requirement for a fullface photograph or digital

21  image of the identification cardholder may not be waived. A

22  space shall be provided upon which the identification

23  cardholder shall affix his or her usual signature, as required

24  in s. 322.14, in the presence of an authorized agent of the

25  department to ensure that the signature becomes a part of the

26  identification card.

27         Section 3.  Subsections (1) and (2) and paragraph (a)

28  of subsection (5) of section 322.12, Florida Statutes, are

29  amended to read:

30         322.12  Examination of applicants.--

31  

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    Florida Senate - 2003                                  SB 26-A
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 1         (1)  It is the intent of the Legislature that every

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

 3  required to pass an examination pursuant to this section.

 4  However, the department may waive the knowledge, endorsement,

 5  and skills tests for an applicant who is otherwise qualified

 6  and who surrenders a valid driver's license from another state

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

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

 9  Florida license of an equal or lesser classification. Any

10  applicant who fails to pass the initial knowledge test will

11  incur a $5 fee for each subsequent test, to be deposited into

12  the Highway Safety Operating Trust Fund. Any applicant who

13  fails to pass the initial skills test will incur a $10 fee for

14  each subsequent test, to be deposited into the Highway Safety

15  Operating Trust Fund. A person who seeks to retain a

16  hazardous-materials endorsement, pursuant to s. 322.57(1)(d),

17  must pass the hazardous-materials test, upon surrendering his

18  or her commercial driver's license, if the person has not

19  taken and passed the hazardous-materials test within 2 years

20  preceding his or her application for a commercial driver's

21  license in this state.

22         (2)  The department shall examine every applicant for a

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

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

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

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

27  successfully completing the examination showing his or her

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

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

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

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

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    Florida Senate - 2003                                  SB 26-A
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 1  license shall pay a service fee of $25 following a suspension,

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

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

 4  a commercial driver's license following the disqualification

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

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

 7  fee for a license.  The department shall collect all of these

 8  fees at the time of reinstatement.  The department shall issue

 9  proper receipts for such fees and shall promptly transmit all

10  funds received by it as follows:

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

12  reinstatement following a suspension, the department shall

13  deposit $15 in the General Revenue Fund and the remaining $10

14  in the Highway Safety Operating Trust Fund.

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

16  reinstatement following a revocation or disqualification, the

17  department shall deposit $35 in the General Revenue Fund and

18  the remaining $15 in the Highway Safety Operating Trust Fund.

19  

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

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

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

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

24  collected from one person convicted of such violations arising

25  out of the same incident.  The department shall collect the

26  $105 fee and deposit it into the Highway Safety Operating

27  Trust Fund at the time of reinstatement of the person's

28  driver's license, but the fee must not be collected if the

29  suspension or revocation was overturned.

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

31  examination for applicants for licenses to operate

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    Florida Senate - 2003                                  SB 26-A
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 1  motorcycles.  Any applicant for a driver's license who wishes

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

 3  successfully complete such an examination, which is in

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

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

 6  operation of a motorcycle and of any traffic laws specifically

 7  relating thereto and must include an actual demonstration of

 8  his or her ability to exercise ordinary and reasonable control

 9  in the operation of a motorcycle. Any applicant who fails to

10  pass the initial knowledge examination will incur a $5 fee for

11  each subsequent examination, to be deposited into the Highway

12  Safety Operating Trust Fund. Any applicant who fails to pass

13  the initial skills examination will incur a $10 fee for each

14  subsequent examination, to be deposited into the Highway

15  Safety Operating Trust Fund.  In the formulation of the

16  examination, the department shall consider the use of the

17  Motorcycle Operator Skills Test and the Motorcycle in Traffic

18  Test offered by the Motorcycle Safety Foundation. The

19  department shall indicate on the license of any person who

20  successfully completes the examination that the licensee is

21  authorized to operate a motorcycle.  If the applicant wishes

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

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

24  for the operation of a motor vehicle, and the department shall

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

26  restriction. Every first-time applicant for licensure to

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

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

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

30  operate a motorcycle.

31  

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    Florida Senate - 2003                                  SB 26-A
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 1         Section 4.  Subsection (1) of section 322.142, Florida

 2  Statutes, is amended to read:

 3         322.142  Color photographic or digital imaged

 4  licenses.--

 5         (1)  The department shall, upon receipt of the required

 6  fee, issue to each qualified applicant for a an original

 7  driver's license a color photographic or digital imaged

 8  driver's license bearing a fullface photograph or digital

 9  image of the licensee. Notwithstanding chapter 761 or s.

10  761.05, the requirement for a fullface photograph or digital

11  image of the licensee may not be waived. A space shall be

12  provided upon which the licensee shall affix his or her usual

13  signature, as required in s. 322.14, in the presence of an

14  authorized agent of the department so as to ensure that such

15  signature becomes a part of the license.

16         Section 5.  Subsection (2) of section 322.17, Florida

17  Statutes, is amended to read:

18         322.17  Duplicate and replacement certificates.--

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

20  payment of a $10 replacement fee, the department shall issue a

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

22  restrictions. Upon request by the licensee and notification of

23  a change in address, the department shall issue a replacement

24  license or address sticker. Upon written request by the

25  licensee and notification of a change in address, and the

26  payment of a $10 fee, the department shall issue an address

27  sticker which shall be affixed to the back of the license by

28  the licensee. Nine dollars of the fee levied in this

29  subsection shall go to the Highway Safety Operating Trust Fund

30  of the department.

31  

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    Florida Senate - 2003                                  SB 26-A
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 1         Section 6.  Subsection (8) is added to section 322.21,

 2  Florida Statutes, to read:

 3         322.21  License fees; procedure for handling and

 4  collecting fees.--

 5         (8)  Any person who applies for reinstatement following

 6  the suspension or revocation of the person's driver's license

 7  shall pay a service fee of $35 following a suspension, and $60

 8  following a revocation, which is in addition to the fee for a

 9  license. Any person who applies for reinstatement of a

10  commercial driver's license following the disqualification of

11  the person's privilege to operate a commercial motor vehicle

12  shall pay a service fee of $60, which is in addition to the

13  fee for a license. The department shall collect all of these

14  fees at the time of reinstatement. The department shall issue

15  proper receipts for such fees and shall promptly transmit all

16  funds received by it as follows:

17         (a)  Of the $35 fee received from a licensee for

18  reinstatement following a suspension, the department shall

19  deposit $15 in the General Revenue Fund and $20 in the Highway

20  Safety Operating Trust Fund.

21         (b)  Of the $60 fee received from a licensee for

22  reinstatement following a revocation or disqualification, the

23  department shall deposit $35 in the General Revenue Fund and

24  $25 in the Highway Safety Operating Trust Fund.

25  

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

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

28  lawful breath, blood, or urine test, an additional fee of $115

29  must be charged. However, only one $115 fee may be collected

30  from one person convicted of violations arising out of the

31  same incident. The department shall collect the $115 fee and

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    Florida Senate - 2003                                  SB 26-A
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 1  deposit the fee into the Highway Safety Operating Trust Fund

 2  at the time of reinstatement of the person's driver's license,

 3  but the fee may not be collected if the suspension or

 4  revocation is overturned.

 5         Section 7.  Subsection (4) of section 322.251, Florida

 6  Statutes, is amended to read:

 7         322.251  Notice of cancellation, suspension,

 8  revocation, or disqualification of license.--

 9         (4)  A person whose privilege to operate a commercial

10  motor vehicle is temporarily disqualified may, upon

11  surrendering his or her commercial driver's license, be issued

12  a Class D or Class E driver's license, valid for the length of

13  his or her unexpired commercial driver's license, at no cost.

14  Such person may, upon the completion of his or her

15  disqualification, be issued a commercial driver's license, of

16  the type disqualified, for the remainder of his or her

17  unexpired license period.  Any such person shall pay the

18  reinstatement fee provided in s. 322.21 s. 322.12 before being

19  issued a commercial driver's license.

20         Section 8.  Subsection (2) of section 322.29, Florida

21  Statutes, is amended to read:

22         322.29  Surrender and return of license.--

23         (2)  The provisions of subsection (1) to the contrary

24  notwithstanding, no examination is required for the return of

25  a license suspended under s. 318.15 or s. 322.245 unless an

26  examination is otherwise required by this chapter.  Every

27  person applying for the return of a license suspended under s.

28  318.15 or s. 322.245 shall present to the department

29  certification from the court that he or she has complied with

30  all obligations and penalties imposed on him or her pursuant

31  to s. 318.15 or, in the case of a suspension pursuant to s.

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    Florida Senate - 2003                                  SB 26-A
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 1  322.245, that he or she has complied with all directives of

 2  the court and the requirements of s. 322.245 and shall pay to

 3  the department a nonrefundable service fee of $35, of which

 4  $25 shall be deposited into the General Revenue Fund and $10

 5  shall be deposited into the Highway Safety Operating Trust

 6  Fund $25. If reinstated by the clerk of the court or tax

 7  collector, $25 shall be retained and $10 shall be remitted to

 8  the Department of Revenue for deposit into the Highway Safety

 9  Operating Trust Fund. However, the service fee is not required

10  if the person is required to pay a $35 $25 fee or $60 $50 fee

11  under the provisions of s. 322.21 s. 322.12(2).

12         Section 9.  If any law that is amended by this act was

13  also amended by a law enacted at the 2003 Regular Session of

14  the Legislature, such laws shall be construed as if they had

15  been enacted during the same session of the Legislature, and

16  full effect should be given to each if that is possible.

17         Section 10.  This act shall take effect October 1,

18  2003.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Revises provisions relating to driver's licenses.
      Provides for reinstating licenses. Prohibits the waiver
23    of a requirement that fullface images be on driver's
      licenses or identification cards. Revises provisions
24    relating to subsequent testing for licenses and for
      applying for replacement of duplicate licenses. Revises
25    several fees and provides for their distribution.

26  

27  

28  

29  

30  

31  

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