Senate Bill sb2324

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2324

    By Senator Crist





    12-1463-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to notice of advance directive;

  3         amending s. 322.01, F.S.; defining "advance

  4         directive" for purposes of the administration

  5         of driver's licenses and identification cards;

  6         amending s. 322.051, F.S.; requiring that the

  7         application for an identification card include

  8         the option for the applicant to request that

  9         the existence of an advance directive be noted

10         on the identification card; providing for such

11         notation to be marked on original and duplicate

12         cards issued by the Department of Highway

13         Safety and Motor Vehicles; providing for

14         issuance of a sticker to be placed on the card

15         by the cardholder to indicate the existence of

16         an advance directive; providing for a fee;

17         amending s. 322.08, F.S.; requiring that the

18         application for a driver's license include the

19         option for the applicant to request that the

20         existence of an advance directive be noted on

21         the driver's license; amending s. 322.141,

22         F.S.; requiring that driver's licenses or

23         identification cards issued or reissued by the

24         department be prominently marked with the words

25         "Advance Directive" when such notation is

26         requested; amending s. 322.17, F.S.; providing

27         for reissuance of driver licenses to add

28         notation of an advance directive; providing for

29         issuance of a sticker in lieu of a replacement

30         license to note the existence of an advance

31         directive; providing for a fee; amending s.

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    Florida Senate - 2006                                  SB 2324
    12-1463-06                                              See HB




 1         322.18, F.S.; conforming a cross-reference;

 2         requiring that the application form for an

 3         original or renewal issuance of a driver's

 4         license or a license extension include the

 5         option to request notation of the existence of

 6         an advance directive; providing that licenses

 7         issued or reissued by the department be marked

 8         with "Advance Directive"; providing that the

 9         department issue a sticker with a license

10         extension; providing an effective date.

11  

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

13  

14         Section 1.  Subsections (2) through (42) of section

15  322.01, Florida Statutes, are renumbered as subsections (3)

16  through (43), respectively, and a new subsection (2) is added

17  to that section to read:

18         322.01  Definitions.--As used in this chapter:

19         (2)  "Advance directive" has the same meaning as that

20  term is defined in s. 765.101.

21         Section 2.  Paragraph (d) is added to subsection (1) of

22  section 322.051, Florida Statutes, and subsections (3) and (8)

23  of that section are amended, to read:

24         322.051  Identification cards.--

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

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

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

28  an identification card by the department upon completion of an

29  application and payment of an application fee.

30  

31  

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    Florida Senate - 2006                                  SB 2324
    12-1463-06                                              See HB




 1         (d)  Each such application shall include the option for

 2  the applicant to request that the existence of an advance

 3  directive be noted on the identification card.

 4         (3)(a)  If an identification card issued under this

 5  section is lost, destroyed, or mutilated or a new name is

 6  acquired, the person to whom it was issued may obtain a

 7  duplicate upon furnishing satisfactory proof of such fact to

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

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

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

11  Fund. Upon request by the cardholder, the department shall

12  cause the duplicate card to be prominently marked with the

13  notation "Advance Directive." The fee shall include payment

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

15  Any person who loses an identification card and who, after

16  obtaining a duplicate, finds the original card shall

17  immediately surrender the original card to the department. The

18  same documentary evidence shall be furnished for a duplicate

19  as for an original identification card.

20         (b)  Upon written request by the identification card

21  holder and the payment of a $10 fee, in lieu of replacement,

22  the department shall issue a sticker that shall be affixed to

23  the back of the identification card by the cardholder

24  indicating the existence of an advance directive.

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

26  fee, issue to each qualified applicant for an identification

27  card a color photographic or digital image identification card

28  bearing a fullface photograph or digital image of the

29  identification card holder cardholder. Notwithstanding chapter

30  761 or s. 761.05, the requirement for a fullface photograph or

31  digital image of the identification card holder cardholder may

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    Florida Senate - 2006                                  SB 2324
    12-1463-06                                              See HB




 1  not be waived. If the notation of an advance directive is

 2  requested, the department shall cause the identification card

 3  to be prominently marked with the notation "Advance

 4  Directive." A space shall be provided upon which the

 5  identification card holder cardholder shall affix his or her

 6  usual signature, as required in s. 322.14, in the presence of

 7  an authorized agent of the department so as to ensure that

 8  such signature becomes a part of the identification card.

 9         Section 3.  Paragraph (f) is added to subsection (2) of

10  section 322.08, Florida Statutes, to read:

11         322.08  Application for license.--

12         (2)  Each such application shall include the following

13  information regarding the applicant:

14         (f)  The option for the applicant to request that the

15  existence of an advance directive be noted on the license.

16         Section 4.  Section 322.141, Florida Statutes, is

17  amended to read:

18         322.141  Color or markings of certain licenses or

19  identification cards.--

20         (1)  All licenses originally issued or reissued by the

21  department to persons under the age of 21 years for the

22  operation of motor vehicles shall have markings or color which

23  shall be obviously separate and distinct from all other

24  licenses issued by the department for the operation of motor

25  vehicles.

26         (2)(a)  All licenses for the operation of motor

27  vehicles originally issued or reissued by the department to

28  persons who have insulin-dependent diabetes may, at the

29  request of the applicant, have distinctive markings separate

30  and distinct from all other licenses issued by the department.

31  

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    Florida Senate - 2006                                  SB 2324
    12-1463-06                                              See HB




 1         (b)  At the time of application for original license or

 2  reissue, the department shall require such proof as it deems

 3  appropriate that a person has insulin-dependent diabetes.

 4         (3)  All licenses or identification cards originally

 5  issued or reissued by the department to persons who have

 6  requested that the existence of an advance directive be noted

 7  on the license or identification card shall be prominently

 8  marked with the notation "Advance Directive."

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

10  Statutes, is amended to read:

11         322.17  Duplicate and replacement certificates.--

12         (2)(a)  Upon the surrender of the original license and

13  the payment of a $10 replacement fee, the department shall

14  issue a replacement license to make a change in name, address,

15  or restrictions or to add notation of an advance directive.

16         (b)  Upon written request by the licensee and

17  notification of a change in address or upon written request

18  for notation of an advance directive, and upon the payment of

19  a $10 fee, the department shall, in lieu of a replacement,

20  issue a an address sticker that which shall be affixed to the

21  back of the license by the licensee indicating the correct

22  address or the existence of an advance directive, as

23  appropriate.

24         (c)  Nine dollars of the fee levied in this subsection

25  shall go to the Highway Safety Operating Trust Fund of the

26  department.

27         Section 6.  Paragraph (e) of subsection (2) of section

28  322.18, Florida Statutes, is amended, and subsection (10) is

29  added to that section, to read:

30         322.18  Original applications, licenses, and renewals;

31  expiration of licenses; delinquent licenses.--

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    Florida Senate - 2006                                  SB 2324
    12-1463-06                                              See HB




 1         (2)  Each applicant who is entitled to the issuance of

 2  a driver's license, as provided in this section, shall be

 3  issued a driver's license, as follows:

 4         (e)  Notwithstanding any other provision of this

 5  chapter, an applicant applying for an original or renewal

 6  issuance of a commercial driver's license as defined in s.

 7  322.01(8)(7), with a hazardous-materials endorsement, pursuant

 8  to s. 322.57(1)(e), shall be issued a driver's license that

 9  expires at midnight on the licensee's birthday that next

10  occurs 4 years after the month of expiration of the license

11  being issued or renewed.

12         (10)  The application form for an original or renewal

13  issuance or a license extension shall include the option for

14  the applicant to request that the existence of an advance

15  directive be noted on the license.

16         (a)  For an original or renewal issuance, if the

17  notation of an advance directive is requested, the department

18  shall cause the license to be prominently marked with the

19  notation "Advance Directive."

20         (b)  For a license extension, if the notation of an

21  advance directive is requested, the department shall issue a

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

23  the licensee indicating the existence of an advance directive.

24         Section 7.  This act shall take effect July 1, 2006.

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