| 1 | A bill to be entitled |
| 2 | An act relating to notice of advance directive; amending |
| 3 | s. 322.01, F.S.; defining "advance directive" for purposes |
| 4 | of the administration of driver licenses and |
| 5 | identification cards; amending s. 322.051, F.S.; requiring |
| 6 | the application for an identification card to include the |
| 7 | option for the applicant to request that the existence of |
| 8 | an advance directive be noted on the identification card; |
| 9 | providing for such notation to be marked on original and |
| 10 | duplicate cards issued by the Department of Highway Safety |
| 11 | and Motor Vehicles; providing for issuance of a sticker to |
| 12 | be placed on the card by the cardholder to indicate the |
| 13 | existence of an advance directive; providing for a fee; |
| 14 | amending s. 322.08, F.S.; requiring the application for a |
| 15 | driver license to include the option for the applicant to |
| 16 | request that the existence of an advance directive be |
| 17 | noted on the driver license; amending s. 322.141, F.S.; |
| 18 | requiring driver licenses or identification cards issued |
| 19 | or reissued by the department to be prominently marked |
| 20 | with "Advance Directive" when such notation is requested; |
| 21 | amending s. 322.17, F.S.; providing for reissuance of |
| 22 | driver license to add notation of an advance directive; |
| 23 | providing for issuance of a sticker in lieu of a |
| 24 | replacement license to note the existence of an advance |
| 25 | directive; providing for a fee; amending s. 322.18, F.S.; |
| 26 | conforming a cross-reference; requiring the application |
| 27 | form for an original or renewal issuance of a driver |
| 28 | license or a license extension to include the option to |
| 29 | request notation of the existence of an advance directive; |
| 30 | providing for licenses issued or reissued by the |
| 31 | department to be marked with "Advance Directive"; |
| 32 | providing for the department to issue a sticker with a |
| 33 | license extension; providing an effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. Subsections (2) through (42) of section 322.01, |
| 38 | Florida Statutes, are renumbered as subsections (3) through |
| 39 | (43), respectively, and a new subsection (2) is added to that |
| 40 | section to read: |
| 41 | 322.01 Definitions.--As used in this chapter: |
| 42 | (2) "Advance directive" has the same meaning as that term |
| 43 | is defined in s. 765.101. |
| 44 | Section 2. Paragraph (d) is added to subsection (1) of |
| 45 | section 322.051, Florida Statutes, and subsections (3) and (8) |
| 46 | of that section are amended, to read: |
| 47 | 322.051 Identification cards.-- |
| 48 | (1) Any person who is 12 years of age or older, or any |
| 49 | person who has a disability, regardless of age, who applies for |
| 50 | a disabled parking permit under s. 320.0848, may be issued an |
| 51 | identification card by the department upon completion of an |
| 52 | application and payment of an application fee. |
| 53 | (d) Each such application shall include the option for the |
| 54 | applicant to request that the existence of an advance directive |
| 55 | be noted on the identification card. |
| 56 | (3)(a) If an identification card issued under this section |
| 57 | is lost, destroyed, or mutilated or a new name is acquired, the |
| 58 | person to whom it was issued may obtain a duplicate upon |
| 59 | furnishing satisfactory proof of such fact to the department and |
| 60 | upon payment of a fee of $10 for such duplicate, $2.50 of which |
| 61 | shall be deposited into the General Revenue Fund and $7.50 into |
| 62 | the Highway Safety Operating Trust Fund. Upon request by the |
| 63 | cardholder, the department shall cause the duplicate card to be |
| 64 | prominently marked with the notation "Advance Directive." The |
| 65 | fee shall include payment for the color photograph or digital |
| 66 | image of the applicant. Any person who loses an identification |
| 67 | card and who, after obtaining a duplicate, finds the original |
| 68 | card shall immediately surrender the original card to the |
| 69 | department. The same documentary evidence shall be furnished for |
| 70 | a duplicate as for an original identification card. |
| 71 | (b) Upon written request by the identification card holder |
| 72 | and the payment of a $10 fee, in lieu of replacement, the |
| 73 | department shall issue a sticker which shall be affixed to the |
| 74 | back of the identification card by the cardholder indicating the |
| 75 | existence of an advance directive. |
| 76 | (8) The department shall, upon receipt of the required |
| 77 | fee, issue to each qualified applicant for an identification |
| 78 | card a color photographic or digital image identification card |
| 79 | bearing a fullface photograph or digital image of the |
| 80 | identification card holder cardholder. Notwithstanding chapter |
| 81 | 761 or s. 761.05, the requirement for a fullface photograph or |
| 82 | digital image of the identification card holder cardholder may |
| 83 | not be waived. If the notation of an advance directive is |
| 84 | requested, the department shall cause the identification card to |
| 85 | be prominently marked with the notation "Advance Directive." A |
| 86 | space shall be provided upon which the identification card |
| 87 | holder cardholder shall affix his or her usual signature, as |
| 88 | required in s. 322.14, in the presence of an authorized agent of |
| 89 | the department so as to ensure that such signature becomes a |
| 90 | part of the identification card. |
| 91 | Section 3. Paragraph (f) is added to subsection (2) of |
| 92 | section 322.08, Florida Statutes, to read: |
| 93 | 322.08 Application for license.-- |
| 94 | (2) Each such application shall include the following |
| 95 | information regarding the applicant: |
| 96 | (f) The option for the applicant to request that the |
| 97 | existence of an advance directive be noted on the license. |
| 98 | Section 4. Subsection (3) is added to section 322.141, |
| 99 | Florida Statutes, to read: |
| 100 | 322.141 Color or markings of certain licenses or |
| 101 | identification cards.-- |
| 102 | (3) All licenses or identification cards originally issued |
| 103 | or reissued by the department to persons who have requested that |
| 104 | the existence of an advance directive be noted on the license or |
| 105 | identification card shall be prominently marked with the |
| 106 | notation "Advance Directive." |
| 107 | Section 5. Subsection (2) of section 322.17, Florida |
| 108 | Statutes, is amended to read: |
| 109 | 322.17 Duplicate and replacement certificates.-- |
| 110 | (2)(a) Upon the surrender of the original license and the |
| 111 | payment of a $10 replacement fee, the department shall issue a |
| 112 | replacement license to make a change in name, address, or |
| 113 | restrictions or to add notation of an advance directive. |
| 114 | (b) Upon written request by the licensee and notification |
| 115 | of a change in address or upon written request for notation of |
| 116 | an advance directive, and upon the payment of a $10 fee, the |
| 117 | department shall, in lieu of a replacement, issue a an address |
| 118 | sticker which shall be affixed to the back of the license by the |
| 119 | licensee indicating the correct address or the existence of an |
| 120 | advance directive, as appropriate. |
| 121 | (c) Nine dollars of the fee levied in this subsection |
| 122 | shall go to the Highway Safety Operating Trust Fund of the |
| 123 | department. |
| 124 | Section 6. Paragraph (e) of subsection (2) of section |
| 125 | 322.18, Florida Statutes, is amended, and subsection (10) is |
| 126 | added to that section, to read: |
| 127 | 322.18 Original applications, licenses, and renewals; |
| 128 | expiration of licenses; delinquent licenses.-- |
| 129 | (2) Each applicant who is entitled to the issuance of a |
| 130 | driver's license, as provided in this section, shall be issued a |
| 131 | driver's license, as follows: |
| 132 | (e) Notwithstanding any other provision of this chapter, |
| 133 | an applicant applying for an original or renewal issuance of a |
| 134 | commercial driver's license as defined in s. 322.01(8)(7), with |
| 135 | a hazardous-materials endorsement, pursuant to s. 322.57(1)(e), |
| 136 | shall be issued a driver's license that expires at midnight on |
| 137 | the licensee's birthday that next occurs 4 years after the month |
| 138 | of expiration of the license being issued or renewed. |
| 139 | (10) The application form for an original or renewal |
| 140 | issuance or a license extension shall include the option for the |
| 141 | applicant to request that the existence of an advance directive |
| 142 | be noted on the license. |
| 143 | (a) For an original or renewal issuance, if the notation |
| 144 | of an advance directive is requested, the department shall cause |
| 145 | the license to be prominently marked with the notation "Advance |
| 146 | Directive." |
| 147 | (b) For a license extension, if the notation of an advance |
| 148 | directive is requested, the department shall issue a sticker |
| 149 | which shall be affixed to the back of the license by the |
| 150 | licensee indicating the existence of an advance directive. |
| 151 | Section 7. This act shall take effect July 1, 2006. |