Senate Bill sb2324
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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.
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12 Be It Enacted by the Legislature of the State of Florida:
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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.
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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.
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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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