HB 0091A, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 318.15,
3	F.S.; providing for driver's license reinstatement;
4	providing for disposition of fees; amending s. 322.051,
5	F.S.; revising fees; providing that the requirement for a
6	fullface photograph or digital image on an identification
7	card may not be waived under ch. 761, F.S.; amending s.
8	322.12, F.S.; revising provisions relating to the
9	subsequent testing of driving knowledge and skills;
10	amending s. 322.142, F.S.; providing that the requirement
11	for a fullface photograph or digital image on a driver's
12	license may not be waived under ch. 761, F.S.; amending s.
13	322.21, F.S.; providing driver license reinstatement fees;
14	providing for fee distribution; amending s. 322.251, F.S.;
15	providing a conforming change; amending s. 322.29, F.S.;
16	providing driver's license reinstatement fees; providing
17	for fee distribution; amending s. 316.614, F.S.; deleting
18	requirement for enforcement of the Florida Safety Belt Law
19	as a secondary action; providing a popular name;
20	providing for construction of the act in pari materia with
21	laws enacted during the Regular Session of the
22	Legislature; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (2) of section 318.15, Florida
27	Statutes, is amended to read:
28	318.15 Failure to comply with civil penalty or to appear;
29	penalty.--
30	(2) After suspension of the driver's license and privilege
31	to drive of a person under subsection (1), the license and
32	privilege may not be reinstated until the person complies with
33	all obligations and penalties imposed on him or her under s.
34	318.18 and presents to a driver license office a certificate of
35	compliance issued by the court, together with the $35$25
36	nonrefundable service fee imposed under s. 322.29, or presents
37	the certificate of compliance and pays the aforementioned $35
38	$25service fee to the clerk of the court or tax collector
39	clearing such suspension, with $10 of the fee collected by the
40	clerk of the court or tax collector to be remitted to the
41	Department of Revenue to be deposited into the Highway Safety
42	Operating Trust Fund. Such person shall also be in compliance
43	with requirements of chapter 322 prior to reinstatement.
44	Section 2. Subsections (2) and (3) of section 322.051,
45	Florida Statutes, are amended, and subsection (8) is added to
46	that section, to read:
47	322.051 Identification cards.--
48	(2)(a) Every identification card shall expire, unless
49	canceled earlier, on the fourth birthday of the applicant
50	following the date of original issue. However, if an individual
51	is 60 years of age or older, and has an identification card
52	issued under this section, the card shall not expire unless done
53	so by cancellation by the department or by the death of the
54	cardholder. Renewal of any identification card shall be made
55	for a term which shall expire on the fourth birthday of the
56	applicant following expiration of the identification card
57	renewed, unless surrendered earlier. Any application for
58	renewal received later than 90 days after expiration of the
59	identification card shall be considered the same as an
60	application for an original identification card. The renewal
61	fee for an identification card shall be $10, of which $4 shall
62	be deposited into the General Revenue Fund and $6 into the
63	Highway Safety Operating Trust Fund$3. The department shall, at
64	the end of 4 years and 6 months after the issuance or renewal of
65	an identification card, destroy any record of the card if it has
66	expired and has not been renewed, unless the cardholder is 60
67	years of age or older.
68	(b) Notwithstanding any other provision of this chapter,
69	if an applicant establishes his or her identity for an
70	identification card using a document authorized under sub-
71	subparagraph (a)3.d., the identification card shall expire on
72	the fourth birthday of the applicant following the date of
73	original issue or upon first renewal or duplicate issued after
74	implementation of this section. After an initial showing of such
75	documentation, he or she is exempted from having to renew or
76	obtain a duplicate in person.
77	(c) Notwithstanding any other provisions of this chapter,
78	if an applicant establishes his or her identity for an
79	identification card using an identification document authorized
80	under sub-subparagraphs (a)3.e.-f., the identification card
81	shall expire 24years after the date of issuance or upon the
82	expiration date cited on the United States Department of Justice
83	documents, whichever date first occurs, and may not be renewed
84	or obtain a duplicate except in person.
85	(3) IfIn the eventan identification card issued under
86	this section is lost, destroyed, or mutilated or a new name is
87	acquired, the person to whom it was issued may obtain a
88	duplicate upon furnishing satisfactory proof of such fact to the
89	department and upon payment of a fee of $10$2.50for such
90	duplicate, $2.50 of which shall be deposited into the General
91	Revenue Fund and $7.50 into the Highway Safety Operating Trust
92	Fund. The feewhichshall include payment for the color
93	photograph or digital image of the applicant. Any person who
94	loses an identification card and who, after obtaining a
95	duplicate, finds the original card shall immediately surrender
96	the original card to the department. The same documentary
97	evidence shall be furnished for a duplicate as for an original
98	identification card.
99	(8) The department shall, upon receipt of the required
100	fee, issue to each qualified applicant for an identification
101	card a color photographic or digital image identification card
102	bearing a fullface photograph or digital image of the
103	identification cardholder. Notwithstanding chapter 761 or s.
104	761.05, the requirement for a fullface photograph or digital
105	image of the identification cardholder may not be waived. A
106	space shall be provided upon which the identification cardholder
107	shall affix his or her usual signature, as required in s.
108	322.14, in the presence of an authorized agent of the department
109	to ensure that the signature becomes a part of the
110	identification card.
111	Section 3. Subsections (1) and (2) and paragraph (a) of
112	subsection (5) of section 322.12, Florida Statutes, are amended
113	to read:
114	322.12 Examination of applicants.--
115	(1) It is the intent of the Legislature that every
116	applicant for an original driver's license in this state be
117	required to pass an examination pursuant to this section.
118	However, the department may waive the knowledge, endorsement,
119	and skills tests for an applicant who is otherwise qualified and
120	who surrenders a valid driver's license from another state or a
121	province of Canada, or a valid driver's license issued by the
122	United States Armed Forces, if the driver applies for a Florida
123	license of an equal or lesser classification. Any applicant who
124	fails to pass the initial knowledge test will incur a $5 fee for
125	each subsequent test, to be deposited into the Highway Safety
126	Operating Trust Fund. Any applicant who fails to pass the
127	initial skills test will incur a $10 fee for each subsequent
128	test, to be deposited into the Highway Safety Operating Trust
129	Fund.A person who seeks to retain a hazardous-materials
130	endorsement, pursuant to s. 322.57(1)(d), must pass the
131	hazardous-materials test, upon surrendering his or her
132	commercial driver's license, if the person has not taken and
133	passed the hazardous-materials test within 2 years preceding his
134	or her application for a commercial driver's license in this
135	state.
136	(2) The department shall examine every applicant for a
137	driver's license, including an applicant who is licensed in
138	another state or country, except as otherwise provided in this
139	chapter. A person who holds a learner's driver's license as
140	provided for in s. 322.1615 is not required to pay a fee for
141	successfully completing the examination showing his or her
142	ability to operate a motor vehicle as provided for herein and
143	need not pay the fee for a replacement license as provided in s.
144	322.17(2). Any person who applies for reinstatement following
145	the suspension or revocation of his or her driver's license
146	shall pay a service fee of $25 following a suspension, and $50
147	following a revocation, which is in addition to the fee for a
148	license. Any person who applies for reinstatement of a
149	commercial driver's license following the disqualification of
150	his or her privilege to operate a commercial motor vehicle shall
151	pay a service fee of $50, which is in addition to the fee for a
152	license. The department shall collect all of these fees at the
153	time of reinstatement. The department shall issue proper
154	receipts for such fees and shall promptly transmit all funds
155	received by it as follows:
156	(a) Of the $25 fee received from a licensee for
157	reinstatement following a suspension, the department shall
158	deposit $15 in the General Revenue Fund and the remaining $10 in
159	the Highway Safety Operating Trust Fund.
160	(b) Of the $50 fee received from a licensee for
161	reinstatement following a revocation or disqualification, the
162	department shall deposit $35 in the General Revenue Fund and the
163	remaining $15 in the Highway Safety Operating Trust Fund.
164
165	If the revocation or suspension of the driver's license was for
166	a violation of s. 316.193, or for refusal to submit to a lawful
167	breath, blood, or urine test, an additional fee of $105 must be
168	charged. However, only one such $105 fee is to be collected
169	from one person convicted of such violations arising out of the
170	same incident. The department shall collect the $105 fee and
171	deposit it into the Highway Safety Operating Trust Fund at the
172	time of reinstatement of the person's driver's license, but the
173	fee must not be collected if the suspension or revocation was
174	overturned.
175	(5)(a) The department shall formulate a separate
176	examination for applicants for licenses to operate motorcycles.
177	Any applicant for a driver's license who wishes to operate a
178	motorcycle, and who is otherwise qualified, must successfully
179	complete such an examination, which is in addition to the
180	examination administered under subsection (3). The examination
181	must test the applicant's knowledge of the operation of a
182	motorcycle and of any traffic laws specifically relating thereto
183	and must include an actual demonstration of his or her ability
184	to exercise ordinary and reasonable control in the operation of
185	a motorcycle. Any applicant who fails to pass the initial
186	knowledge examination will incur a $5 fee for each subsequent
187	examination, to be deposited into the Highway Safety Operating
188	Trust Fund. Any applicant who fails to pass the initial skills
189	examination will incur a $10 fee for each subsequent
190	examination, to be deposited into the Highway Safety Operating
191	Trust Fund.In the formulation of the examination, the
192	department shall consider the use of the Motorcycle Operator
193	Skills Test and the Motorcycle in Traffic Test offered by the
194	Motorcycle Safety Foundation. The department shall indicate on
195	the license of any person who successfully completes the
196	examination that the licensee is authorized to operate a
197	motorcycle. If the applicant wishes to be licensed to operate a
198	motorcycle only, he or she need not take the skill or road test
199	required under subsection (3) for the operation of a motor
200	vehicle, and the department shall indicate such a limitation on
201	his or her license as a restriction. Every first-time applicant
202	for licensure to operate a motorcycle who is under 21 years of
203	age must provide proof of completion of a motorcycle safety
204	course, as provided for in s. 322.0255, before the applicant may
205	be licensed to operate a motorcycle.
206	Section 4. Subsection (1) of section 322.142, Florida
207	Statutes, is amended to read:
208	322.142 Color photographic or digital imaged licenses.--
209	(1) The department shall, upon receipt of the required
210	fee, issue to each qualified applicant for aan original
211	driver's license a color photographic or digital imaged driver's
212	license bearing a fullface photograph or digital image of the
213	licensee. Notwithstanding chapter 761 or s. 761.05, the
214	requirement for a fullface photograph or digital image of the
215	licensee may not be waived.A space shall be provided upon which
216	the licensee shall affix his or her usual signature, as required
217	in s. 322.14, in the presence of an authorized agent of the
218	department so as to ensure that such signature becomes a part of
219	the license.
220	Section 5. Subsection (8) is added to section 322.21,
221	Florida Statutes, to read:
222	322.21 License fees; procedure for handling and collecting
223	fees.--
224	(8) Any person who applies for reinstatement following the
225	suspension or revocation of the person's driver's license shall
226	pay a service fee of $35 following a suspension, and $60
227	following a revocation, which is in addition to the fee for a
228	license. Any person who applies for reinstatement of a
229	commercial driver's license following the disqualification of
230	the person's privilege to operate a commercial motor vehicle
231	shall pay a service fee of $60, which is in addition to the fee
232	for a license. The department shall collect all of these fees at
233	the time of reinstatement. The department shall issue proper
234	receipts for such fees and shall promptly transmit all funds
235	received by it as follows:
236	(a) Of the $35 fee received from a licensee for
237	reinstatement following a suspension, the department shall
238	deposit $15 in the General Revenue Fund and $20 in the Highway
239	Safety Operating Trust Fund.
240	(b) Of the $60 fee received from a licensee for
241	reinstatement following a revocation or disqualification, the
242	department shall deposit $35 in the General Revenue Fund and $25
243	in the Highway Safety Operating Trust Fund.
244
245	If the revocation or suspension of the driver's license was for
246	a violation of s. 316.193, or for refusal to submit to a lawful
247	breath, blood, or urine test, an additional fee of $115 must be
248	charged. However, only one $115 fee may be collected from one
249	person convicted of violations arising out of the same incident.
250	The department shall collect the $115 fee and deposit the fee
251	into the Highway Safety Operating Trust Fund at the time of
252	reinstatement of the person's driver's license, but the fee may
253	not be collected if the suspension or revocation is overturned.
254	Section 6. Subsection (4) of section 322.251, Florida
255	Statutes, is amended to read:
256	322.251 Notice of cancellation, suspension, revocation, or
257	disqualification of license.--
258	(4) A person whose privilege to operate a commercial motor
259	vehicle is temporarily disqualified may, upon surrendering his
260	or her commercial driver's license, be issued a Class D or Class
261	E driver's license, valid for the length of his or her unexpired
262	commercial driver's license, at no cost. Such person may, upon
263	the completion of his or her disqualification, be issued a
264	commercial driver's license, of the type disqualified, for the
265	remainder of his or her unexpired license period. Any such
266	person shall pay the reinstatement fee provided in s. 322.21s.
267	322.12before being issued a commercial driver's license.
268	Section 7. Subsection (2) of section 322.29, Florida
269	Statutes, is amended to read:
270	322.29 Surrender and return of license.--
271	(2) The provisions of subsection (1) to the contrary
272	notwithstanding, no examination is required for the return of a
273	license suspended under s. 318.15 or s. 322.245 unless an
274	examination is otherwise required by this chapter. Every person
275	applying for the return of a license suspended under s. 318.15
276	or s. 322.245 shall present to the department certification from
277	the court that he or she has complied with all obligations and
278	penalties imposed on him or her pursuant to s. 318.15 or, in the
279	case of a suspension pursuant to s. 322.245, that he or she has
280	complied with all directives of the court and the requirements
281	of s. 322.245 and shall pay to the department a nonrefundable
282	service fee of $35, of which $25 shall be deposited into the
283	General Revenue Fund and $10 shall be deposited into the Highway
284	Safety Operating Trust Fund$25. If reinstated by the clerk of
285	the court or tax collector, $25 shall be retained and $10 shall
286	be remitted to the Department of Revenue for deposit into the
287	Highway Safety Operating Trust Fund.However, the service fee is
288	not required if the person is required to pay a $35$25 fee or
289	$60$50 fee under the provisions of s. 322.21s. 322.12(2).
290	Section 8. (1) Subsection (8) of section 316.614, Florida
291	Statutes, is amended to read:
292	316.614 Safety belt usage.--
293	(8) Any person who violates the provisions of this section
294	commits a nonmoving violation, punishable as provided in chapter
295	318. However, except for violations of s. 316.613, enforcement
296	of this section by state or local law enforcement agencies must
297	be accomplished only as a secondary action when a driver of a
298	motor vehicle has been detained for a suspected violation of
299	another section of this chapter, chapter 320, or chapter 322.
300	(2) This section shall be known by the popular name the
301	"Dori Slosberg Safety Belt Law."
302	Section 9. If any law that is amended by this act was also
303	amended by a law enacted at the 2003 Regular Session of the
304	Legislature, such laws shall be construed as if they had been
305	enacted during the same session of the Legislature, and full
306	effect should be given to each if that is possible.
307	Section 10. This act shall take effect October 1, 2003.