| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Highway Safety and |
| 3 | Motor Vehicles; creating s. 322.2645, F.S.; providing for |
| 4 | creation of a publicly accessible Internet database of |
| 5 | certain habitual traffic offenders; provides requirements |
| 6 | for the database; provides immunity from civil damages for |
| 7 | certain good faith actions relating to the database; |
| 8 | provides a presumption of good faith in specified |
| 9 | circumstances; creating s. 322.294, F.S.; requiring the |
| 10 | department to develop a publication regarding the |
| 11 | requirements concerning the restoration of certain driving |
| 12 | privileges following an arrest or conviction for specified |
| 13 | offenses; requiring the department to post the publication |
| 14 | on its website and distribute it to the courts and various |
| 15 | executive officers and enforcing entities; providing for |
| 16 | distribution of the publication by courts and such |
| 17 | officers or entities to persons charged with or convicted |
| 18 | of specified offenses; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 322.2645, Florida Statutes, is created |
| 23 | to read: |
| 24 | 322.2645 Habitual traffic offender database.-- |
| 25 | (1) The department shall make identification information |
| 26 | for habitual traffic offenders, as defined in s. 322.264, whose |
| 27 | licenses have been suspended or revoked and not subsequently |
| 28 | reinstated available to the public through an Internet database. |
| 29 | The database shall be searchable by the public and shall include |
| 30 | the capability of searching for offenders by zip code. |
| 31 | (2) The database shall not allow the public to access |
| 32 | information that is confidential and exempt from public |
| 33 | disclosure under s. 119.07(1) and s. 24(a), Art. I of the State |
| 34 | Constitution. |
| 35 | (3) The department, its personnel, and any individual or |
| 36 | entity acting at the request or upon the direction of the |
| 37 | department are immune from civil liability for damages for good |
| 38 | faith compliance with this section and will be presumed to have |
| 39 | acted in good faith by reporting information. The presumption of |
| 40 | good faith is not overcome if technical or clerical errors are |
| 41 | made by the department, its personnel, or any individual or |
| 42 | entity acting at the request of or upon the direction of the |
| 43 | department in reporting the information, if the department and |
| 44 | its personnel are unable to report information because the |
| 45 | information has not been provided or reported by a person or |
| 46 | agency required to provide or report the information to the |
| 47 | department, or if the department, its personnel, or any |
| 48 | individual or entity acting at the request of or upon the |
| 49 | direction of the department reports information that was falsely |
| 50 | reported without the knowledge of the department, its personnel, |
| 51 | or such individual or entity. |
| 52 | Section 2. Section 322.294, Florida Statutes, is created |
| 53 | to read: |
| 54 | 322.294 Information concerning reinstatement of driving |
| 55 | privileges.-- |
| 56 | (1) The department shall develop and distribute a |
| 57 | publication to inform each person whose driver's license is |
| 58 | suspended under s. 322.2615 or s. 322.2616 or suspended or |
| 59 | temporarily revoked for a violation of s. 316.193 or who is |
| 60 | disqualified from operating a commercial motor vehicle for a |
| 61 | violation of s. 322.61(3)(a), (b), or (f) or s. 322.62, |
| 62 | concerning whether he or she may have the driver's license or |
| 63 | commercial motor vehicle license reinstated and the requirements |
| 64 | that must be met for reinstatement. |
| 65 | (2) Each court that convicts a person of violating s. |
| 66 | 316.193 or s. 322.62, each law enforcement officer or |
| 67 | correctional officer who suspends the driving privilege of a |
| 68 | person under s. 322.2615 or s. 322.2616, and each entity that |
| 69 | disqualifies a person from operating a commercial vehicle for a |
| 70 | violation of s. 322.61(3)(a), (b), or (f) shall, at the time of |
| 71 | such a conviction, suspension, or disqualification, provide the |
| 72 | person with a copy of the publication created under subsection |
| 73 | (1). |
| 74 | (3) The department shall post the publication created |
| 75 | under subsection (1) on its Internet website and make copies of |
| 76 | the publication available to each court that adjudicates |
| 77 | violations of s. 316.193 or s. 322.62, to each law enforcement |
| 78 | or correctional officer authorized to suspend licenses under s. |
| 79 | 322.2615 or s. 322.2616, and to each entity authorized to |
| 80 | disqualify a person from operating a commercial motor vehicle |
| 81 | for a violation of s. 322.61(3)(a), (b), or (f). |
| 82 | Section 3. This act shall take effect October 1, 2007. |