Senate Bill sb1742c1

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    Florida Senate - 2006                           CS for SB 1742

    By the Committee on Transportation; and Senator Sebesta





    596-1876-06

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 207.008,

  4         F.S.; requiring that a motor carrier maintain

  5         certain tax records for a specified period;

  6         amending s. 207.021, F.S.; authorizing the

  7         department to adopt rules to resolve disputes

  8         with motor carriers involving taxes, penalties,

  9         interest, or refunds; providing for an

10         agreement with the department settling or

11         compromising a taxpayer's liability for any

12         tax, interest, or penalty; authorizing

13         agreements for scheduling payments of taxes,

14         penalties, or interest; amending s. 316.003,

15         F.S.; defining the term "full mount"; revising

16         the definition of "saddle mount" to provide for

17         a full mount; amending s. 316.211, F.S.;

18         requiring a unique license plate for a

19         motorcycle registered to a person younger than

20         a specified age; amending s. 316.2125, F.S.;

21         granting local jurisdictions the authority to

22         enact ordinances governing the use of golf

23         carts within a retirement community which are

24         more restrictive than state law; amending s.

25         316.221, F.S.; exempting dump trucks and

26         similar vehicles from the requirement that the

27         rear registration plate be illuminated;

28         amending s. 316.302, F.S.; updating references

29         to federal commercial motor vehicle

30         regulations; revising hours-of-service

31         requirements for certain intrastate motor

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 1         carriers; revising conditions for an exemption

 2         from commercial driver license requirements;

 3         revising weight requirements for application of

 4         certain exceptions to specified federal

 5         regulations and to operation of certain

 6         commercial motor vehicles by persons of a

 7         certain age; amending s. 316.515, F.S.;

 8         revising length and mount requirements for

 9         automobile towaway and driveaway operations;

10         authorizing saddle mount combinations to

11         include one full mount; amending s. 319.14,

12         F.S., relating to the sale of certain motor

13         vehicles; revising a requirement that the

14         department indicate on the vehicle title the

15         prior use of the vehicle; redefining the term

16         "police vehicle" for purposes of provisions

17         governing the resale or exchange of such a

18         vehicle; amending s. 320.02, F.S.; requiring

19         proof of an endorsement before the original

20         registration of a motorcycle, motor-driven

21         cycle, or moped; amending s. 320.0706, F.S.;

22         providing requirements for displaying the rear

23         license plate on a dump truck; amending s.

24         320.405, F.S.; authorizing the department to

25         enter into an agreement for scheduling the

26         payment of taxes or penalties; amending s.

27         322.01, F.S.; redefining the term "driver's

28         license" to include an operator's license as

29         defined by federal law; defining the terms

30         "identification card," "temporary driver's

31         license," and "temporary identification card"

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 1         for purposes of ch. 322, F.S.; amending s.

 2         322.051, F.S.; revising the age at which a

 3         person may be issued an identification card by

 4         the department; authorizing the use of

 5         additional documentation for purposes of

 6         proving nonimmigrant classification when a

 7         person applies for an identification card;

 8         amending s. 322.08, F.S.; authorizing the use

 9         of additional documentation for purposes of

10         proving nonimmigrant classification when a

11         person applies for a driver's license; amending

12         s. 322.12, F.S.; requiring that all first-time

13         applicants for a license to operate a

14         motorcycle complete a motorcycle safety course;

15         amending s. 322.2615, F.S.; revising the

16         procedures under which a law enforcement

17         officer or correctional officer may suspend the

18         driving privilege of a person who is driving a

19         motor vehicle and who has an unlawful

20         blood-alcohol level or breath-alcohol level or

21         who refuses to submit to a test of his or her

22         urine, breath, or blood; deleting a requirement

23         that such person be arrested for the offense of

24         driving under the influence; revising certain

25         reporting requirements; providing that

26         materials submitted to the department by the

27         law enforcement agency, including the crash

28         report, are self-authenticating and part of the

29         record for the hearing officer; authorizing a

30         law enforcement agency to appeal a decision by

31         the department invalidating a suspension of a

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 1         person's driving privilege; providing effective

 2         dates.

 3  

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

 5  

 6         Section 1.  Section 207.008, Florida Statutes, is

 7  amended to read:

 8         207.008  Retention of records by motor carrier.--Each

 9  registered motor carrier shall maintain and keep pertinent

10  records and papers as may be required by the department for

11  the reasonable administration of this chapter and shall

12  preserve the records upon which each quarterly tax return is

13  based for 4 years following the due date or filing date of the

14  return, whichever is later such records as long as required by

15  s. 213.35.

16         Section 2.  Section 207.021, Florida Statutes, is

17  amended to read:

18         207.021  Informal conferences; settlement or compromise

19  of taxes, penalties, or interest.--

20         (1)(a)  The department may adopt rules for establishing

21  informal conferences for the resolution of disputes arising

22  from the assessment of taxes, penalties, or interest or the

23  denial of refunds under chapter 120.

24         (b)  During any proceeding arising under this section,

25  the motor carrier has the right to be represented at and to

26  record all procedures at the motor carrier's expense.

27         (2)(a)  The executive director or his or her designee

28  may enter into a closing agreement with a taxpayer settling or

29  compromising the taxpayer's liability for any tax, interest,

30  or penalty assessed under this chapter. Each agreement must be

31  in writing, in the form of a closing agreement approved by the

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 1  department, and signed by the executive director or his or her

 2  designee. The agreement is final and conclusive, except upon a

 3  showing of material fraud or misrepresentation of material

 4  fact. The department may not make an additional assessment

 5  against the taxpayer for the tax, interest, or penalty

 6  specified in the closing agreement for the time specified in

 7  the closing agreement, and the taxpayer may not institute a

 8  judicial or administrative proceeding to recover any tax,

 9  interest, or penalty paid pursuant to the closing agreement.

10  The executive director of the department or his or her

11  designee may approve the closing agreement.

12         (b)  Notwithstanding paragraph (a), for the purpose of

13  settling and compromising the liability of a taxpayer for any

14  tax or interest on the grounds of doubt as to liability based

15  on the taxpayer's reasonable reliance on a written

16  determination issued by the department, the department may

17  compromise the amount of the tax or interest resulting from

18  such reasonable reliance.

19         (3)  A taxpayer's liability for any tax or interest

20  specified in this chapter may be compromised by the department

21  upon the grounds of doubt as to liability for or the

22  collectibility of such tax or interest. Doubt as to the

23  liability of a taxpayer for tax and interest exists if the

24  taxpayer demonstrates that he or she reasonably relied on a

25  written determination of the department.

26         (4)  A taxpayer's liability for any tax or interest

27  under this chapter shall be settled or compromised in whole or

28  in part whenever or to the extent allowable under the Articles

29  of Agreement of the International Fuel Tax Agreement.

30         (5)  A taxpayer's liability for penalties under this

31  chapter may be settled or compromised if it is determined by

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 1  the department that the noncompliance is due to reasonable

 2  cause and not willful negligence, willful neglect, or fraud.

 3         (6)  The department may enter into an agreement for

 4  scheduling payments of any tax, penalty, or interest owed to

 5  the department as a result of an audit assessment issued under

 6  this chapter. The department may settle or compromise,

 7  pursuant to s. 213.21, penalties or interest imposed under

 8  this chapter.

 9         Section 3.  Subsection (43) of section 316.003, Florida

10  Statutes, is amended to read:

11         316.003  Definitions.--The following words and phrases,

12  when used in this chapter, shall have the meanings

13  respectively ascribed to them in this section, except where

14  the context otherwise requires:

15         (43)  SADDLE MOUNT; FULL MOUNT.--An arrangement whereby

16  the front wheels of one vehicle rest in a secured position

17  upon another vehicle.  All of the wheels of the towing vehicle

18  are upon the ground and only the rear wheels of the towed

19  vehicle rest upon the ground. Such combinations may include

20  one full mount, whereby a smaller transport vehicle is placed

21  completely on the last towed vehicle.

22         Section 4.  Effective January 1, 2007, present

23  subsection (6) of section 316.211, Florida Statutes, is

24  redesignated as subsection (7), and a new subsection (6) is

25  added to that section, to read:

26         316.211  Equipment for motorcycle and moped riders.--

27         (6)  Each motorcycle registered to a person under 21

28  years of age must display a license plate that is unique in

29  design and color.

30         Section 5.  Subsection (3) is added to section

31  316.2125, Florida Statutes, to read:

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 1         316.2125  Operation of golf carts within a retirement

 2  community.--

 3         (3)  A local governmental entity may enact an ordinance

 4  regarding golf cart operation and equipment which is more

 5  restrictive than those enumerated in this section. Upon

 6  enactment of any such ordinance, the local governmental entity

 7  shall post appropriate signs or otherwise inform the residents

 8  that such an ordinance exists and that it shall be enforced

 9  within the local government's jurisdictional territory. An

10  ordinance referred to in this section must apply only to an

11  unlicensed driver.

12         Section 6.  Subsection (2) of section 316.221, Florida

13  Statutes, is amended to read:

14         316.221  Taillamps.--

15         (2)  Either a taillamp or a separate lamp shall be so

16  constructed and placed as to illuminate with a white light the

17  rear registration plate and render it clearly legible from a

18  distance of 50 feet to the rear.  Any taillamp or taillamps,

19  together with any separate lamp or lamps for illuminating the

20  rear registration plate, shall be so wired as to be lighted

21  whenever the headlamps or auxiliary driving lamps are lighted.

22  Dump trucks and vehicles having dump bodies are exempt from

23  the requirements of this subsection.

24         Section 7.  Paragraph (b) of subsection (1), paragraphs

25  (b), (c), (d), (f), and (i) of subsection (2), and subsection

26  (3) of section 316.302, Florida Statutes, are amended to read:

27         316.302  Commercial motor vehicles; safety regulations;

28  transporters and shippers of hazardous materials;

29  enforcement.--

30         (1)

31  

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 1         (b)  Except as otherwise provided in this section, all

 2  owners or drivers of commercial motor vehicles that are

 3  engaged in intrastate commerce are subject to the rules and

 4  regulations contained in 49 C.F.R. parts 382, 385, and

 5  390-397, with the exception of 49 C.F.R. s. 390.5 as it

 6  relates to the definition of bus, as such rules and

 7  regulations existed on October 1, 2005 2004.

 8         (2)

 9         (b)  Except as provided in 49 C.F.R. s. 395.1(k), a

10  person who operates a commercial motor vehicle solely in

11  intrastate commerce not transporting any hazardous material in

12  amounts that require placarding pursuant to 49 C.F.R. part 172

13  may not drive:

14         1.  More than 12 hours following 10 consecutive hours

15  off duty; or

16         2.  For any period after the end of the 16th hour after

17  coming on duty following 10 consecutive hours off duty. is

18  exempt from 49 C.F.R. s. 395.3(a) and (b) and may, after 8

19  hours' rest, and following the required initial motor vehicle

20  inspection, be permitted to drive any part of the first 15

21  on-duty hours in any 24-hour period, but may not be permitted

22  to operate a commercial motor vehicle after that until the

23  requirement of another 8 hours' rest has been fulfilled.

24  

25  The provisions of this paragraph do not apply to drivers of

26  utility service vehicles as defined in 49 C.F.R. s. 395.2.

27  public utility vehicles or authorized emergency vehicles

28  during periods of severe weather or other emergencies.

29         (c)  Except as provided in 49 C.F.R. s. 395.1(k), a

30  person who operates a commercial motor vehicle solely in

31  intrastate commerce not transporting any hazardous material in

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 1  amounts that require placarding pursuant to 49 C.F.R. part 172

 2  may not drive after having been on duty more than 70 hours in

 3  any period of 7 consecutive days or more than 80 hours in any

 4  period of 8 consecutive days if the motor carrier operates

 5  every day of the week. Twenty-four be on duty more than 72

 6  hours in any period of 7 consecutive days, but carriers

 7  operating every day in a week may permit drivers to remain on

 8  duty for a total of not more than 84 hours in any period of 8

 9  consecutive days; however, 24 consecutive hours off duty shall

10  constitute the end of any such period of 7 or 8 consecutive

11  days. This weekly limit does not apply to a person who

12  operates a commercial motor vehicle solely within this state

13  while transporting, during harvest periods, any unprocessed

14  agricultural products or unprocessed food or fiber that is are

15  subject to seasonal harvesting from place of harvest to the

16  first place of processing or storage or from place of harvest

17  directly to market or while transporting livestock, livestock

18  feed, or farm supplies directly related to growing or

19  harvesting agricultural products. Upon request of the

20  Department of Transportation, motor carriers shall furnish

21  time records or other written verification to that department

22  so that the Department of Transportation can determine

23  compliance with this subsection. These time records must be

24  furnished to the Department of Transportation within 10 days

25  after receipt of that department's request. Falsification of

26  such information is subject to a civil penalty not to exceed

27  $100. The provisions of this paragraph do not apply to drivers

28  of public utility service vehicles as defined in 49 C.F.R. s.

29  395.2. or authorized emergency vehicles during periods of

30  severe weather or other emergencies.

31  

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 1         (d)  A person who operates a commercial motor vehicle

 2  solely in intrastate commerce not transporting any hazardous

 3  material in amounts that require placarding pursuant to 49

 4  C.F.R. part 172 within a 150 200 air-mile radius of the

 5  location where the vehicle is based need not comply with 49

 6  C.F.R. s. 395.8, except that time records shall be maintained

 7  as prescribed in 49 C.F.R. s. 395.1(e)(5).

 8         (f)  A person who operates a commercial motor vehicle

 9  having a declared gross vehicle weight of less than 26,001

10  26,000 pounds solely in intrastate commerce and who is not

11  transporting hazardous materials in amounts that require

12  placarding pursuant to 49 C.F.R. part 172, or who is

13  transporting petroleum products as defined in s. 376.301, is

14  exempt from subsection (1). However, such person must comply

15  with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.

16  396.3(a)(1) and 396.9.

17         (i)  A person who was a regularly employed driver of a

18  commercial motor vehicle on July 4, 1987, and whose driving

19  record shows no traffic convictions, pursuant to s. 322.61,

20  during the 2-year period immediately preceding the application

21  for the commercial driver's license, and who is otherwise

22  qualified as a driver under 49 C.F.R. part 391, and who

23  operates a commercial vehicle in intrastate commerce only,

24  shall be exempt from the requirements of 49 C.F.R. part 391,

25  subpart E, s. 391.41(b)(10). However, such operators are still

26  subject to the requirements of ss. 322.12 and 322.121.  As

27  proof of eligibility, such driver shall have in his or her

28  possession a physical examination form dated within the past

29  24 months.

30         (3)  A person who has not attained under the age of 18

31  years of age may not operate a commercial motor vehicle,

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 1  except that a person who has not attained under the age of 18

 2  years of age may operate a commercial motor vehicle which has

 3  a gross vehicle weight of less than 26,001 26,000 pounds while

 4  transporting agricultural products, including horticultural or

 5  forestry products, from farm or harvest place to storage or

 6  market.

 7         Section 8.  Subsection (10) of section 316.515, Florida

 8  Statutes, is amended to read:

 9         316.515  Maximum width, height, length.--

10         (10)  AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.--An

11  automobile towaway or driveaway operation transporting new or

12  used trucks may use what is known to the trade as "saddle

13  mounts," if the overall length does not exceed 97 75 feet and

14  no more than three saddle mounts are towed. Such combinations

15  may include one full mount. Saddle mount combinations must

16  also comply with the applicable safety regulations in 49

17  C.F.R. s. 393.71.

18         Section 9.  Paragraphs (a) and (c) of subsection (1) of

19  section 319.14, Florida Statutes, are amended to read:

20         319.14  Sale of motor vehicles registered or used as

21  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

22  and nonconforming vehicles.--

23         (1)(a)  No person shall knowingly offer for sale, sell,

24  or exchange any vehicle that has ever been licensed,

25  registered, or used as a taxicab, police vehicle, or

26  short-term-lease vehicle, or a vehicle that has been

27  repurchased by a manufacturer pursuant to a settlement,

28  determination, or decision under chapter 681, until the

29  department has stamped in a conspicuous place on the

30  certificate of title of the vehicle, or its duplicate, words

31  stating the nature of the previous use of the vehicle or the

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 1  title has been stamped "Manufacturer's Buy Back" to reflect

 2  that the vehicle is a nonconforming vehicle. If the

 3  certificate of title or duplicate was not so stamped upon

 4  initial issuance thereof or if, subsequent to initial issuance

 5  of the title, the use of the vehicle is changed to a use

 6  requiring the notation provided for in this section, the owner

 7  or lienholder of the vehicle shall surrender the certificate

 8  of title or duplicate to the department prior to offering the

 9  vehicle for sale, and the department shall stamp the

10  certificate or duplicate as required herein.  When a vehicle

11  has been repurchased by a manufacturer pursuant to a

12  settlement, determination, or decision under chapter 681, the

13  title shall be stamped "Manufacturer's Buy Back" to reflect

14  that the vehicle is a nonconforming vehicle.

15         (c)  As used in this section:

16         1.  "Police vehicle" means a motor vehicle owned or

17  leased by the state or a county or municipality, marked and

18  outfitted as a pursuit vehicle, and used in law enforcement.

19         2.a.  "Short-term-lease vehicle" means a motor vehicle

20  leased without a driver and under a written agreement to one

21  or more persons from time to time for a period of less than 12

22  months.

23         b.  "Long-term-lease vehicle" means a motor vehicle

24  leased without a driver and under a written agreement to one

25  person for a period of 12 months or longer.

26         c.  "Lease vehicle" includes both short-term-lease

27  vehicles and long-term-lease vehicles.

28         3.  "Rebuilt vehicle" means a motor vehicle or mobile

29  home built from salvage or junk, as defined in s. 319.30(1).

30         4.  "Assembled from parts" means a motor vehicle or

31  mobile home assembled from parts or combined from parts of

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 1  motor vehicles or mobile homes, new or used. "Assembled from

 2  parts" does not mean a motor vehicle defined as a "rebuilt

 3  vehicle" in subparagraph 3., which has been declared a total

 4  loss pursuant to s. 319.30.

 5         5.  "Kit car" means a motor vehicle assembled with a

 6  kit supplied by a manufacturer to rebuild a wrecked or

 7  outdated motor vehicle with a new body kit.

 8         6.  "Glider kit" means a vehicle assembled with a kit

 9  supplied by a manufacturer to rebuild a wrecked or outdated

10  truck or truck tractor.

11         7.  "Replica" means a complete new motor vehicle

12  manufactured to look like an old vehicle.

13         8.  "Flood vehicle" means a motor vehicle or mobile

14  home that has been declared to be a total loss pursuant to s.

15  319.30(3)(a) resulting from damage caused by water.

16         9.  "Nonconforming vehicle" means a motor vehicle which

17  has been purchased by a manufacturer pursuant to a settlement,

18  determination, or decision under chapter 681.

19         10.  "Settlement" means an agreement entered into

20  between a manufacturer and a consumer that occurs after a

21  dispute is submitted to a program, or an informal dispute

22  settlement procedure established by a manufacturer or is

23  approved for arbitration before the New Motor Vehicle

24  Arbitration Board as defined in s. 681.102.

25         Section 10.  Effective January 1, 2007, subsection (1)

26  of section 320.02, Florida Statutes, is amended to read:

27         320.02  Registration required; application for

28  registration; forms.--

29         (1)  Except as otherwise provided in this chapter,

30  every owner or person in charge of a motor vehicle that which

31  is operated or driven on the roads of this state shall

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 1  register the vehicle in this state.  The owner or person in

 2  charge shall apply to the department or to its authorized

 3  agent for registration of each such vehicle on a form

 4  prescribed by the department. Prior to the original

 5  registration of a motorcycle, motor-driven cycle, or moped,

 6  the owner must present proof that he or she has obtained the

 7  endorsement required in s. 322.57. A No registration is not

 8  required for any motor vehicle that which is not operated on

 9  the roads of this state during the registration period.

10         Section 11.  Section 320.0706, Florida Statutes, is

11  amended to read:

12         320.0706  Display of license plates on trucks.--The

13  owner of any commercial truck of gross vehicle weight of

14  26,001 pounds or more shall display the registration license

15  plate on both the front and rear of the truck in conformance

16  with all the requirements of s. 316.605 that do not conflict

17  with this section. The owner of a dump truck may place the

18  rear license plate on the gate no higher than 60 inches to

19  allow for better visibility. However, the owner of a truck

20  tractor shall be required to display the registration license

21  plate only on the front of such vehicle.

22         Section 12.  Subsection (5) is added to section

23  320.405, Florida Statutes, to read:

24         320.405  International Registration Plan; inspection of

25  records; hearings.--

26         (5)  The department may enter into an agreement for

27  scheduling the payment of taxes or penalties owed to the

28  department as a result of an audit assessment issued under

29  this section.

30  

31  

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 1         Section 13.  Subsection (16) of section 322.01, Florida

 2  Statutes, is amended, and subsections (43) and (44) are added

 3  to that section, to read:

 4         322.01  Definitions.--As used in this chapter:

 5         (16)  "Driver's license" means a certificate that

 6  which, subject to all other requirements of law, authorizes an

 7  individual to drive a motor vehicle and denotes an operator's

 8  license as defined in 49 U.S.C. s. 30301.

 9         (43)  "Identification card" means a personal

10  identification card issued by the department which conforms to

11  the definition in 18 U.S.C. s. 1028(d).

12         (44)  "Temporary driver's license" or "temporary

13  identification card" means a certificate issued by the

14  department which, subject to all other requirements of law,

15  authorizes an individual to drive a motor vehicle and denotes

16  an operator's license, as defined in 49 U.S.C. s. 30301, or a

17  personal identification card issued by the department which

18  conforms to the definition in 18 U.S.C. s. 1028(d) and denotes

19  that the holder is permitted to stay for a short duration of

20  time, as specified on the temporary identification card, and

21  is not a permanent resident of the United States.

22         Section 14.  Subsection (1) of section 322.051, Florida

23  Statutes, is amended to read:

24         322.051  Identification cards.--

25         (1)  Any person who is 5 12 years of age or older, or

26  any person who has a disability, regardless of age, who

27  applies for a disabled parking permit under s. 320.0848, may

28  be issued an identification card by the department upon

29  completion of an application and payment of an application

30  fee.

31  

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 1         (a)  Each such application shall include the following

 2  information regarding the applicant:

 3         1.  Full name (first, middle or maiden, and last),

 4  gender, social security card number, county of residence and

 5  mailing address, country of birth, and a brief description.

 6         2.  Proof of birth date satisfactory to the department.

 7         3.  Proof of identity satisfactory to the department.

 8  Such proof must include one of the following documents issued

 9  to the applicant:

10         a.  A driver's license record or identification card

11  record from another jurisdiction that required the applicant

12  to submit a document for identification which is substantially

13  similar to a document required under sub-subparagraph b.,

14  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

15  sub-subparagraph f., or sub-subparagraph g.;

16         b.  A certified copy of a United States birth

17  certificate;

18         c.  A United States passport;

19         d.  A naturalization certificate issued by the United

20  States Department of Homeland Security;

21         e.  An alien registration receipt card (green card);

22         f.  An employment authorization card issued by the

23  United States Department of Homeland Security; or

24         g.  Proof of nonimmigrant classification provided by

25  the United States Department of Homeland Security, for an

26  original identification card. In order to prove such

27  nonimmigrant classification, applicants may produce but are

28  not limited to the following documents:

29         (I)  A notice of hearing from an immigration court

30  scheduling a hearing on any proceeding.

31  

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 1         (II)  A notice from the Board of Immigration Appeals

 2  acknowledging pendency of an appeal.

 3         (III)  Notice of the approval of an application for

 4  adjustment of status issued by the United States Bureau of

 5  Citizenship and Immigration Services.

 6         (IV)  Any official documentation confirming the filing

 7  of a petition for asylum or refugee status or any other relief

 8  issued by the United States Bureau of Citizenship and

 9  Immigration Services.

10         (V)  Notice of action transferring any pending matter

11  from another jurisdiction to Florida, issued by the United

12  States Bureau of Citizenship and Immigration Services.

13         (VI)  Order of an immigration judge or immigration

14  officer granting any relief that authorizes the alien to live

15  and work in the United States including, but not limited to

16  asylum.

17         (VII)  Evidence that an application is pending for

18  adjustment of status to that of an alien lawfully admitted for

19  permanent residence in the United States or conditional

20  permanent resident status in the United States, if a visa

21  number is available having a current priority date for

22  processing by the United States Bureau of Citizenship and

23  Immigration Services.

24  

25  Presentation of any of the documents described in

26  sub-subparagraph f. or sub-subparagraph g. entitles the

27  applicant to an identification card for a period not to exceed

28  the expiration date of the document presented or 1 year 2

29  years, whichever first occurs.

30         (b)  An application for an identification card must be

31  signed and verified by the applicant in a format designated by

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 1  the department before a person authorized to administer oaths.

 2  The fee for an identification card is $3, including payment

 3  for the color photograph or digital image of the applicant.

 4         (c)  Each such applicant may include fingerprints and

 5  any other unique biometric means of identity.

 6         Section 15.  Subsection (2) of section 322.08, Florida

 7  Statutes, is amended to read:

 8         322.08  Application for license.--

 9         (2)  Each such application shall include the following

10  information regarding the applicant:

11         (a)  Full name (first, middle or maiden, and last),

12  gender, social security card number, county of residence and

13  mailing address, country of birth, and a brief description.

14         (b)  Proof of birth date satisfactory to the

15  department.

16         (c)  Proof of identity satisfactory to the department.

17  Such proof must include one of the following documents issued

18  to the applicant:

19         1.  A driver's license record or identification card

20  record from another jurisdiction that required the applicant

21  to submit a document for identification which is substantially

22  similar to a document required under subparagraph 2.,

23  subparagraph 3., subparagraph 4., subparagraph 5.,

24  subparagraph 6., or subparagraph 7.;

25         2.  A certified copy of a United States birth

26  certificate;

27         3.  A United States passport;

28         4.  A naturalization certificate issued by the United

29  States Department of Homeland Security;

30         5.  An alien registration receipt card (green card);

31  

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 1         6.  An employment authorization card issued by the

 2  United States Department of Homeland Security; or

 3         7.  Proof of nonimmigrant classification provided by

 4  the United States Department of Homeland Security, for an

 5  original driver's license. In order to prove nonimmigrant

 6  classification, an applicant may produce the following

 7  documents, including, but not limited to:

 8         a.  A notice of hearing from an immigration court

 9  scheduling a hearing on any proceeding.

10         b.  A notice from the Board of Immigration Appeals

11  acknowledging pendency of an appeal.

12         c.  A notice of the approval of an application for

13  adjustment of status issued by the United States Immigration

14  and Naturalization Service.

15         d.  Any official documentation confirming the filing of

16  a petition for asylum or refugee status or any other relief

17  issued by the United States Immigration and Naturalization

18  Service.

19         e.  A notice of action transferring any pending matter

20  from another jurisdiction to this state issued by the United

21  States Immigration and Naturalization Service.

22         f.  An order of an immigration judge or immigration

23  officer granting any relief that authorizes the alien to live

24  and work in the United States, including, but not limited to,

25  asylum.

26         g.  Evidence that an application is pending for

27  adjustment of status to that of an alien lawfully admitted for

28  permanent residence in the United States or conditional

29  permanent resident status in the United States, if a visa

30  number is available having a current priority date for

31  

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 1  processing by the United States Bureau of Citizenship and

 2  Immigration Services.

 3  

 4  Presentation of any of the documents in subparagraph 6. or

 5  subparagraph 7. entitles the applicant to a driver's license

 6  or temporary permit for a period not to exceed the expiration

 7  date of the document presented or 1 year 2 years, whichever

 8  occurs first.

 9         (d)  Whether the applicant has previously been licensed

10  to drive, and, if so, when and by what state, and whether any

11  such license or driving privilege has ever been disqualified,

12  revoked, or suspended, or whether an application has ever been

13  refused, and, if so, the date of and reason for such

14  disqualification, suspension, revocation, or refusal.

15         (e)  Each such application may include fingerprints and

16  other unique biometric means of identity.

17         Section 16.  Effective January 1, 2007, subsection (5)

18  of section 322.12, Florida Statutes, is amended to read:

19         322.12  Examination of applicants.--

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

21  examination for applicants for licenses to operate

22  motorcycles. Any applicant for a driver's license who wishes

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

24  successfully complete such an examination, which is in

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

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

27  operation of a motorcycle and of any traffic laws specifically

28  relating thereto and must include an actual demonstration of

29  his or her ability to exercise ordinary and reasonable control

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

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

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 1  each subsequent examination, to be deposited into the Highway

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

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

 4  subsequent examination, to be deposited into the Highway

 5  Safety Operating Trust Fund. In the formulation of the

 6  examination, the department shall consider the use of the

 7  Motorcycle Operator Skills Test and the Motorcycle in Traffic

 8  Test offered by the Motorcycle Safety Foundation. The

 9  department shall indicate on the license of any person who

10  successfully completes the examination that the licensee is

11  authorized to operate a motorcycle. If the applicant wishes to

12  be licensed to operate a motorcycle only, he or she need not

13  take the skill or road test required under subsection (3) for

14  the operation of a motor vehicle, and the department shall

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

16  restriction. Every first-time applicant for licensure to

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

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

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

20  operate a motorcycle.

21         (b)  The department may exempt any applicant from the

22  examination provided in this subsection if the applicant

23  presents a certificate showing successful completion of a

24  course approved by the department, which course includes a

25  similar examination of the knowledge and skill of the

26  applicant in the operation of a motorcycle.

27         Section 17.  Section 322.2615, Florida Statutes, is

28  amended to read:

29         322.2615  Suspension of license; right to review.--

30         (1)(a)  A law enforcement officer or correctional

31  officer shall, on behalf of the department, suspend the

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 1  driving privilege of a person who is driving or in actual

 2  physical control of a motor vehicle and who has an has been

 3  arrested by a law enforcement officer for a violation of s.

 4  316.193, relating to unlawful blood-alcohol level or

 5  breath-alcohol level of 0.08 or higher, or of a person who has

 6  refused to submit to a breath, urine, or blood test or a test

 7  of his or her breath-alcohol or blood-alcohol level authorized

 8  by s. 316.1932. The officer shall take the person's driver's

 9  license and issue the person a 10-day temporary permit if the

10  person is otherwise eligible for the driving privilege and

11  shall issue the person a notice of suspension. If a blood test

12  has been administered, the results of which are not available

13  to the officer or at the time of the arrest, the agency

14  employing the officer shall transmit such results to the

15  department within 5 days after receipt of the results. If the

16  department then determines that the person was arrested for a

17  violation of s. 316.193 and that the person had a

18  blood-alcohol level or breath-alcohol level of 0.08 or higher,

19  the department shall suspend the person's driver's license

20  pursuant to subsection (3).

21         (b)  The suspension under paragraph (a) shall be

22  pursuant to, and the notice of suspension shall inform the

23  driver of, the following:

24         1.a.  The driver refused to submit to a lawful breath,

25  blood, or urine test and his or her driving privilege is

26  suspended for a period of 1 year for a first refusal or for a

27  period of 18 months if his or her driving privilege has been

28  previously suspended as a result of a refusal to submit to

29  such a test; or

30         b.  The driver was driving or in actual physical

31  control of a motor vehicle and had violated s. 316.193 by

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 1  driving with an unlawful blood-alcohol level or breath-alcohol

 2  level of 0.08 or higher as provided in that section and his or

 3  her driving privilege is suspended for a period of 6 months

 4  for a first offense or for a period of 1 year if his or her

 5  driving privilege has been previously suspended under this

 6  section for a violation of s. 316.193.

 7         2.  The suspension period shall commence on the date of

 8  arrest or issuance of the notice of suspension, whichever is

 9  later.

10         3.  The driver may request a formal or informal review

11  of the suspension by the department within 10 days after the

12  date of arrest or issuance of the notice of suspension,

13  whichever is later.

14         4.  The temporary permit issued at the time of arrest

15  expires will expire at midnight of the 10th day following the

16  date of arrest or issuance of the notice of suspension,

17  whichever is later.

18         5.  The driver may submit to the department any

19  materials relevant to the suspension arrest.

20         (2)  Except as provided in paragraph (1)(a), the law

21  enforcement officer shall forward to the department, within 5

22  days after issuing the date of the arrest, a copy of the

23  notice of suspension, the driver's license; of the person

24  arrested, and a report of the arrest, including an affidavit

25  stating the officer's grounds for belief that the person was

26  driving or in actual physical control of a motor vehicle while

27  under the influence of alcoholic beverages or chemical or

28  controlled substances arrested was in violation of s. 316.193;

29  the results of any breath or blood test or an affidavit

30  stating that a breath, blood, or urine test was requested by a

31  law enforcement officer or correctional officer and that the

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 1  person arrested refused to submit; a copy of the citation

 2  issued to the person arrested; and the officer's description

 3  of the person's field sobriety test, if any; the notice of

 4  suspension; and a copy of the crash report, if any.  The

 5  failure of the officer to submit materials within the 5-day

 6  period specified in this subsection and in subsection (1) does

 7  shall not affect the department's ability to consider any

 8  evidence submitted at or prior to the hearing.  The officer

 9  may also submit a copy of a videotape of the field sobriety

10  test or the attempt to administer such test. Materials

11  submitted to the department by a law enforcement agency or

12  correctional agency shall be considered self-authenticating

13  and shall be in the record for consideration by the hearing

14  officer. Notwithstanding s. 316.066(4), the crash report shall

15  be considered by the hearing officer.

16         (3)  If the department determines that the license of

17  the person arrested should be suspended pursuant to this

18  section and if the notice of suspension has not already been

19  served upon the person by a law enforcement officer or

20  correctional officer as provided in subsection (1), the

21  department shall issue a notice of suspension and, unless the

22  notice is mailed pursuant to s. 322.251, a temporary permit

23  that which expires 10 days after the date of issuance if the

24  driver is otherwise eligible.

25         (4)  If the person suspended arrested requests an

26  informal review pursuant to subparagraph (1)(b)3., the

27  department shall conduct the informal review by a hearing

28  officer employed by the department.  Such informal review

29  hearing shall consist solely of an examination by the

30  department of the materials submitted by a law enforcement

31  officer or correctional officer and by the person suspended

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 1  arrested, and the presence of an officer or witness is not

 2  required.

 3         (5)  After completion of the informal review, notice of

 4  the department's decision sustaining, amending, or

 5  invalidating the suspension of the driver's license of the

 6  person suspended arrested must be provided to such person.

 7  Such notice must be mailed to the person at the last known

 8  address shown on the department's records, or to the address

 9  provided in the law enforcement officer's report if such

10  address differs from the address of record, within 21 days

11  after the expiration of the temporary permit issued pursuant

12  to subsection (1) or subsection (3).

13         (6)(a)  If the person suspended arrested requests a

14  formal review, the department must schedule a hearing to be

15  held within 30 days after such request is received by the

16  department and must notify the person of the date, time, and

17  place of the hearing.

18         (b)  Such formal review hearing shall be held before a

19  hearing officer employed by the department, and the hearing

20  officer shall be authorized to administer oaths, examine

21  witnesses and take testimony, receive relevant evidence, issue

22  subpoenas for the officers and witnesses identified in

23  documents in subsection (2), regulate the course and conduct

24  of the hearing, question witnesses, and make a ruling on the

25  suspension.  The department and the person arrested may

26  subpoena witnesses, and the party requesting the presence of a

27  witness shall be responsible for the payment of any witness

28  fees and for notifying in writing the state attorney's office

29  in the appropriate circuit of the issuance of the subpoena.

30  If the person who requests a formal review hearing fails to

31  appear and the hearing officer finds such failure to be

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 1  without just cause, the right to a formal hearing is waived

 2  and the suspension shall be sustained.

 3         (c)  A party may seek enforcement of a subpoena under

 4  paragraph (b) by filing a petition for enforcement in the

 5  circuit court of the judicial circuit in which the person

 6  failing to comply with the subpoena resides.  A failure to

 7  comply with an order of the court shall result in a finding of

 8  contempt of court. However, a person is shall not be in

 9  contempt while a subpoena is being challenged.

10         (d)  The department must, within 7 working days after a

11  formal review hearing, send notice to the person of the

12  hearing officer's decision as to whether sufficient cause

13  exists to sustain, amend, or invalidate the suspension.

14         (7)  In a formal review hearing under subsection (6) or

15  an informal review hearing under subsection (4), the hearing

16  officer shall determine by a preponderance of the evidence

17  whether sufficient cause exists to sustain, amend, or

18  invalidate the suspension. The scope of the review shall be

19  limited to the following issues:

20         (a)  If the license was suspended for driving with an

21  unlawful blood-alcohol level or breath-alcohol level of 0.08

22  or higher in violation of s. 316.193:

23         1.  Whether the arresting law enforcement officer had

24  probable cause to believe that the person suspended was

25  driving or in actual physical control of a motor vehicle in

26  this state while under the influence of alcoholic beverages or

27  chemical or controlled substances.

28         2.  Whether the person was placed under lawful arrest

29  for a violation of s. 316.193.

30  

31  

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 1         2.3.  Whether the person suspended had an unlawful

 2  blood-alcohol level or breath-alcohol level of 0.08 or higher

 3  as provided in s. 316.193.

 4         (b)  If the license was suspended for refusal to submit

 5  to a breath, blood, or urine test:

 6         1.  Whether the arresting law enforcement officer had

 7  probable cause to believe that the person suspended was

 8  driving or in actual physical control of a motor vehicle in

 9  this state while under the influence of alcoholic beverages or

10  chemical or controlled substances.

11         2.  Whether the person was placed under lawful arrest

12  for a violation of s. 316.193.

13         2.3.  Whether the person suspended refused to submit to

14  any such test after being requested to do so by a law

15  enforcement officer or correctional officer.

16         3.4.  Whether the person suspended was told that if he

17  or she refused to submit to such test his or her privilege to

18  operate a motor vehicle would be suspended for a period of 1

19  year or, in the case of a second or subsequent refusal, for a

20  period of 18 months.

21         (8)  Based on the determination of the hearing officer

22  pursuant to subsection (7) for both informal hearings under

23  subsection (4) and formal hearings under subsection (6), the

24  department shall:

25         (a)  Sustain the suspension of the person's driving

26  privilege for a period of 1 year for a first refusal, or for a

27  period of 18 months if the driving privilege of such person

28  has been previously suspended as a result of a refusal to

29  submit to such tests, if the arrested person refused to submit

30  to a lawful breath, blood, or urine test.  The suspension

31  

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 1  period commences on the date of the arrest or issuance of the

 2  notice of suspension, whichever is later.

 3         (b)  Sustain the suspension of the person's driving

 4  privilege for a period of 6 months for a blood-alcohol level

 5  or breath-alcohol level of 0.08 or higher violation of s.

 6  316.193, or for a period of 1 year if the driving privilege of

 7  such person has been previously suspended under this section

 8  as a result of driving with an unlawful alcohol level a

 9  violation of s. 316.193.  The suspension period commences on

10  the date of the arrest or issuance of the notice of

11  suspension, whichever is later.

12         (9)  A request for a formal review hearing or an

13  informal review hearing shall not stay the suspension of the

14  person's driver's license.  If the department fails to

15  schedule the formal review hearing to be held within 30 days

16  after receipt of the request therefor, the department shall

17  invalidate the suspension.  If the scheduled hearing is

18  continued at the department's initiative, the department shall

19  issue a temporary driving permit that which shall be valid

20  until the hearing is conducted if the person is otherwise

21  eligible for the driving privilege. Such permit may shall not

22  be issued to a person who sought and obtained a continuance of

23  the hearing.  The permit issued under this subsection shall

24  authorize driving for business or employment use only.

25         (10)  A person whose driver's license is suspended

26  under subsection (1) or subsection (3) may apply for issuance

27  of a license for business or employment purposes only if the

28  person is otherwise eligible for the driving privilege

29  pursuant to s. 322.271.

30         (a)  If the suspension of the driver's license of the

31  person for failure to submit to a breath, urine, or blood test

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 1  is sustained, the person is not eligible to receive a license

 2  for business or employment purposes only, pursuant to s.

 3  322.271, until 90 days have elapsed after the expiration of

 4  the last temporary permit issued. If the driver is not issued

 5  a 10-day permit pursuant to this section or s. 322.64 because

 6  he or she is ineligible for the permit and the suspension for

 7  failure to submit to a breath, urine, or blood test is not

 8  invalidated by the department, the driver is not eligible to

 9  receive a business or employment license pursuant to s.

10  322.271 until 90 days have elapsed from the date of the

11  suspension.

12         (b)  If the suspension of the driver's license of the

13  person arrested for a violation of s. 316.193, relating to

14  unlawful blood-alcohol level or breath-alcohol level of 0.08

15  or higher, is sustained, the person is not eligible to receive

16  a license for business or employment purposes only pursuant to

17  s. 322.271 until 30 days have elapsed after the expiration of

18  the last temporary permit issued. If the driver is not issued

19  a 10-day permit pursuant to this section or s. 322.64 because

20  he or she is ineligible for the permit and the suspension for

21  a violation of s. 316.193, relating to unlawful blood-alcohol

22  level or breath-alcohol level of 0.08 or higher, is not

23  invalidated by the department, the driver is not eligible to

24  receive a business or employment license pursuant to s.

25  322.271 until 30 days have elapsed from the date of the

26  suspension arrest.

27         (11)  The formal review hearing may be conducted upon a

28  review of the reports of a law enforcement officer or a

29  correctional officer, including documents relating to the

30  administration of a breath test or blood test or the refusal

31  to take either test or the refusal to take a urine test.

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 1  However, as provided in subsection (6), the driver may

 2  subpoena the officer or any person who administered or

 3  analyzed a breath or blood test.

 4         (12)  The formal review hearing and the informal review

 5  hearing are exempt from the provisions of chapter 120.  The

 6  department may is authorized to adopt rules for the conduct of

 7  reviews under this section.

 8         (13)  A person may appeal any decision of the

 9  department sustaining a suspension of his or her driver's

10  license by a petition for writ of certiorari to the circuit

11  court in the county wherein such person resides or wherein a

12  formal or informal review was conducted pursuant to s. 322.31.

13  However, an appeal shall not stay the suspension. A law

14  enforcement agency may appeal any decision of the department

15  invalidating a suspension by a petition for writ of certiorari

16  to the circuit court in the county wherein a formal or

17  informal review was conducted. This subsection shall not be

18  construed to provide for a de novo appeal.

19         (14)(a)  The decision of the department under this

20  section or any circuit court review thereof may not be

21  considered in any trial for a violation of s. 316.193, and a

22  written statement submitted by a person in his or her request

23  for departmental review under this section may not be admitted

24  into evidence against him or her in any such trial.

25         (b)  The disposition of any related criminal

26  proceedings does not affect a suspension for refusal to submit

27  to a blood, breath, or urine test, authorized by s. 316.1932

28  or s. 316.1933, imposed under this section.

29         (15)  If the department suspends a person's license

30  under s. 322.2616, it may not also suspend the person's

31  

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 1  license under this section for the same episode that was the

 2  basis for the suspension under s. 322.2616.

 3         (16)  The department shall invalidate a suspension for

 4  driving with an unlawful blood-alcohol level or breath-alcohol

 5  level imposed under this section if the suspended person is

 6  found not guilty at trial of an underlying violation of s.

 7  316.193.

 8         Section 18.  Except as otherwise expressly provided in

 9  this act, this act shall take effect October 1, 2006.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1742

13                                 

14  This CS provides the following:

15  --   Brings the intrastate hours-of-service requirements into
         compliance with federal tolerance allowances;
16  
    --   Conforms state law to changes recently enacted into
17       federal law for utilities and agricultural
         transportation;
18  
    --   Conforms the current definitions of "automobile towaway
19       and driveaway operations" and "saddle mount" to federal
         definitions;
20  
    --   Updates the statutory reference to current Federal Motor
21       Carrier Regulations;

22  --   Makes a technical change to weight threshold requirements
         by changing "26,000" pounds to "26,001" pounds;
23  
    --   Revises the requirements for a CDL vision exemption; and
24  
    --   Authorizes local governments to enact more restrictive
25       golf cart equipment and operation regulations within a
         retirement community.
26  

27  

28  

29  

30  

31  

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