HB 1111

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; amending s. 316.1575, F.S.; requiring a
4	person walking or driving a vehicle to stop at a railroad
5	crossing upon the signal of a law enforcement officer;
6	amending s. 316.159, F.S.; requiring the driver of a
7	commercial motor vehicle to slow when approaching a
8	railroad crossing; providing that a violation of such
9	requirement is a noncriminal moving violation; amending s.
10	316.1937, F.S.; revising installation requirements for
11	ignition interlock devices to reduce the detected blood-
12	alcohol level at which the vehicle will not start;
13	amending s. 316.251, F.S.; conforming a cross-reference;
14	amending s. 316.613, F.S.; redefining the term "motor
15	vehicle" to exclude certain trucks from the requirement to
16	use a child restraint or safety belt; amending s. 316.645,
17	F.S.; authorizing a police officer to make an arrest upon
18	probable cause of a violation of laws governing motor
19	vehicle licenses; amending s. 316.650, F.S.; revising
20	requirements for traffic citation forms; providing for the
21	electronic transmission of citation data; amending s.
22	319.001, F.S.; defining the term "certificate of title" to
23	include information stored electronically in the
24	department's database; amending s. 320.01, F.S.; revising
25	the definition of the term "motorcycle" to exclude a
26	vehicle in which the operator is enclosed by a cabin;
27	repealing s. 28, ch. 2006-290, Laws of Florida, relating
28	to original registration of a motorcycle, motor-driven
29	cycle, or moped; amending s. 320.0706, F.S.; providing
30	that a violation of requirements for displaying a truck
31	license plate is a moving violation; amending s. 320.0715,
32	F.S.; requiring the department to withhold issuing or to
33	suspend a registration and license plate for a commercial
34	motor vehicle if the federal identifying number is not
35	provided or if the motor carrier or vehicle owner has been
36	prohibited from operating; amending s. 320.08053, F.S.;
37	removing a requirement that the department create certain
38	specifications by rule for specialty license plates;
39	amending s. 322.01, F.S.; defining the term "convenience
40	service" for purposes of transactions with the department;
41	revising the definition of the term "conviction" to
42	provide for application to offenses committed by a person
43	holding a commercial driver's license; revising the
44	definition of the terms "hazardous materials" and "out-of-
45	service order"; amending s. 322.0255, F.S.; revising
46	eligibility for reimbursement for organizations that
47	conduct motorcycle safety courses; amending s. 322.03,
48	F.S.; removing provisions for issuance of a license valid
49	in Florida only; prohibiting a person from holding more
50	than one driver's license; authorizing use of such
51	licenses until next renewal; amending s. 322.051, F.S.;
52	revising requirements for application for issuance or
53	renewal of an identification card; revising provisions
54	providing for the expiration of an identification card
55	issued by the department; amending s. 322.08, F.S.;
56	revising requirements for application for a driver's
57	license; amending s. 322.14, F.S.; revising provisions for
58	content of a driver's license; requiring the license to
59	contain the licensee's residence address; removing a
60	requirement that the license contain the licensee's
61	mailing address; amending s. 322.15, F.S.; authorizing a
62	law enforcement officer or authorized representative of
63	the department to collect a person's fingerprints
64	electronically; amending s. 322.17, F.S.; revising
65	provisions for replacement instruction permit or driver
66	license; removing fee amounts; requiring payment of
67	specified fee amounts; removing a provision for a change
68	of address sticker; conforming cross-references; amending
69	s. 322.18, F.S.; revising provisions providing for the
70	expiration and renewal of driver's licenses; providing for
71	the renewal of certain licenses every 8 years; conforming
72	cross-references; providing for the renewal of licenses
73	using a convenience service; requiring the department to
74	issue new licenses rather than extension stickers;
75	amending s. 322.19, F.S.; revising provisions for a
76	licensee changing address; removing a provision for the
77	licensee to request a change-of-address sticker;
78	conforming cross-references; amending s. 322.21, F.S.;
79	revising fees for issuance of original, renewal, and
80	replacement driver's licenses and identification cards;
81	revising fees for specified endorsements; providing for
82	distribution of revised fees; amending s. 322.2715, F.S.;
83	providing that the required installation period of an
84	ignition interlock device for certain DUI offenses be
85	continuous; amending s. 322.291, F.S.; providing
86	additional requirements for a third or subsequent
87	violation of requirements for installation of an ignition
88	interlock device; requiring treatment and extension of the
89	duration of the ignition interlock requirement; repealing
90	s. 322.60, F.S., relating to the prohibition on commercial
91	motor vehicle drivers possessing more than one license;
92	amending s. 322.61, F.S.; clarifying provisions
93	disqualifying a person from operating a commercial motor
94	vehicle following certain traffic violations; providing
95	for permanent disqualification following conviction of a
96	felony involving the manufacture, distribution, or
97	dispensing of a controlled substance; amending s. 322.64,
98	F.S.; providing that refusal to submit to a breath, urine,
99	or blood test disqualifies a person from operating a
100	commercial motor vehicle; providing a period of
101	disqualification if a person has an unlawful blood-alcohol
102	or breath-alcohol level; providing for issuance of a
103	notice of disqualification; revising the requirements for
104	a formal review hearing following a person's
105	disqualification from operating a commercial motor
106	vehicle; amending s. 324.021, F.S.; clarifying that a
107	judgment becomes final by expiration of the time for
108	appeal; amending s. 501.976, F.S.; conforming a cross-
109	reference; providing an effective date.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113	Section 1.  Paragraph (b) of subsection (1) of section
114	316.1575, Florida Statutes, is amended to read:
115	316.1575  Obedience to traffic control devices at railroad-
116	highway grade crossings.--
117	(1)  Any person walking or driving a vehicle and
118	approaching a railroad-highway grade crossing under any of the
119	circumstances stated in this section shall stop within 50 feet
120	but not less than 15 feet from the nearest rail of such railroad
121	and shall not proceed until he or she can do so safely. The
122	foregoing requirements apply when:
123	(b)  A crossing gate is lowered or a law enforcement
124	officer or a human flagger gives or continues to give a signal
125	of the approach or passage of a railroad train;
126	Section 2.  Section 316.159, Florida Statutes, is amended
127	to read:
128	316.159  Certain vehicles to stop or slow at all railroad
129	grade crossings.--
130	(1)  The driver of any motor vehicle carrying passengers
131	for hire, excluding taxicabs, of any school bus carrying any
132	school child, or of any vehicle carrying explosive substances or
133	flammable liquids as a cargo or part of a cargo, before crossing
134	at grade any track or tracks of a railroad, shall stop such
135	vehicle within 50 feet but not less than 15 feet from the
136	nearest rail of the railroad and, while so stopped, shall listen
137	and look in both directions along the track for any approaching
138	train, and for signals indicating the approach of a train,
139	except as hereinafter provided, and shall not proceed until he
140	or she can do so safely. After stopping as required herein and
141	upon proceeding when it is safe to do so, the driver of any such
142	vehicle shall cross only in a gear of the vehicle so that there
143	will be no necessity for changing gears while traversing the
144	crossing, and the driver shall not shift gears while crossing
145	the track or tracks.
146	(2)  No stop need be made at any such crossing where a
147	police officer, a traffic control signal, or a sign directs
148	traffic to proceed. However, any school bus carrying any school
149	child shall be required to stop unless directed to proceed by a
150	police officer.
151	(3)  The driver of any commercial motor vehicle not
152	required to stop under subsection (1) or (2), before crossing at
153	grade any track or tracks of a railroad, shall slow down and
154	check that the tracks are clear of an approaching train.
155	(4)(3)  A violation of this section is a noncriminal
156	traffic infraction, punishable as a moving violation as provided
157	in chapter 318.
158	Section 3.  Subsection (1) of section 316.1937, Florida
159	Statutes is amended to read:
160	316.1937  Ignition interlock devices, requiring; unlawful
161	acts.--
162	(1)  In addition to any other authorized penalties, the
163	court may require that any person who is convicted of driving
164	under the influence in violation of s. 316.193 shall not operate
165	a motor vehicle unless that vehicle is equipped with a
166	functioning ignition interlock device certified by the
167	department as provided in s. 316.1938, and installed in such a
168	manner that the vehicle will not start if the operator's blood
169	alcohol level is in excess of 0.025 0.05 percent or as otherwise
170	specified by the court. The court may require the use of an
171	approved ignition interlock device for a period of not less than
172	6 months, if the person is permitted to operate a motor vehicle,
173	whether or not the privilege to operate a motor vehicle is
174	restricted, as determined by the court. The court, however,
175	shall order placement of an ignition interlock device in those
176	circumstances required by s.316.193.
177	Section 4.  Subsection (2) of section 316.251, Florida
178	Statutes, is amended to read:
179	316.251  Maximum bumper heights.--
180	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
181	"antique automobiles" as defined in s. 320.08, "horseless
182	carriages" as defined in s. 320.086, and "street rods" as
183	defined in s. 320.0863 shall be excluded from the requirements
184	of this section.
185	Section 5.  Subsection (2) of section 316.613, Florida
186	Statutes, is amended to read:
187	316.613  Child restraint requirements.--
188	(2)  As used in this section, the term "motor vehicle"
189	means a motor vehicle as defined in s. 316.003 that is operated
190	on the roadways, streets, and highways of the state. The term
191	does not include:
192	(a)  A school bus as defined in s. 316.003(45).
193	(b)  A bus used for the transportation of persons for
194	compensation, other than a bus regularly used to transport
195	children to or from school, as defined in s. 316.615(1) (b), or
196	in conjunction with school activities.
197	(c)  A farm tractor or implement of husbandry.
198	(d)  A truck having a gross vehicle weight rating of more
199	than 26,000 of net weight of more than 5,000 pounds.
200	(e)  A motorcycle, moped, or bicycle.
201	Section 6.  Section 316.645, Florida Statutes, is amended
202	to read:
203	316.645  Arrest authority of officer at scene of a traffic
204	crash.--A police officer who makes an investigation at the scene
205	of a traffic crash may arrest any driver of a vehicle involved
206	in the crash when, based upon personal investigation, the
207	officer has reasonable and probable grounds to believe that the
208	person has committed any offense under the provisions of this
209	chapter, chapter 320, or chapter 322 in connection with the
210	crash.
211	Section 7.  Subsections (1), (3), (4), (5), (6), and (7) of
212	section 316.650, Florida Statutes, are amended to read:
213	316.650  Traffic citations.--
214	(1)(a)  The department shall prepare, and supply to every
215	traffic enforcement agency in this state, an appropriate form
216	traffic citation that contains containing a notice to appear, is
217	(which shall be issued in prenumbered books, meets with
218	citations in quintuplicate) and meeting the requirements of this
219	chapter or any laws of this state regulating traffic, and is
220	which form shall be consistent with the state traffic court
221	rules and the procedures established by the department. The form
222	shall include a box that which is to be checked by the law
223	enforcement officer when the officer believes that the traffic
224	violation or crash was due to aggressive careless driving as
225	defined in s. 316.1923. The form shall also include a box that
226	which is to be checked by the law enforcement officer when the
227	officer writes a uniform traffic citation for a violation of s.
228	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
229	failing to stop at a traffic signal.
230	(b)  The department shall prepare, and supply to every
231	traffic enforcement agency in the state, an appropriate
232	affidavit-of-compliance form that which shall be issued along
233	with the form traffic citation for any violation of s. 316.610
234	and that indicates which shall indicate the specific defect
235	needing which needs to be corrected. However, such affidavit of
236	compliance shall not be issued in the case of a violation of s.
237	316.610 by a commercial motor vehicle as defined in s.
238	316.003(66). Such affidavit-of-compliance form shall be
239	distributed in the same manner and to the same parties as is the
240	form traffic citation.
241	(c)  Notwithstanding paragraphs (a) and (b), a traffic
242	enforcement agency may produce uniform traffic citations by
243	electronic means. Such citations must be consistent with the
244	state traffic court rules and the procedures established by the
245	department and; must be appropriately numbered and inventoried;
246	and may have fewer copies than the quintuplicate form.
247	Affidavit-of-compliance forms may also be produced by electronic
248	means.
249	(d)  The department must distribute to every traffic
250	enforcement agency and to any others who request it, a traffic
251	infraction reference guide describing the class of the traffic
252	infraction, the penalty for the infraction, the points to be
253	assessed on a driver's record license, and any other information
254	necessary to describe a violation and the penalties therefor.
255	(3)(a)  Except for a traffic citation issued pursuant to s.
256	316.1001, each traffic enforcement officer, upon issuing a
257	traffic citation to an alleged violator of any provision of the
258	motor vehicle laws of this state or of any traffic ordinance of
259	any municipality city or town, shall deposit the original and
260	one copy of such traffic citation or, in the case of a traffic
261	enforcement agency that which has an automated citation issuance
262	system, the chief administrative officer shall provide by an
263	electronic transmission a replica of the citation data to
264	facsimile with a court having jurisdiction over the alleged
265	offense or with its traffic violations bureau within 5 days
266	after issuance to the violator.
267	(b)  If a traffic citation is issued pursuant to s.
268	316.1001, a traffic enforcement officer may deposit the original
269	and one copy of such traffic citation or, in the case of a
270	traffic enforcement agency that has an automated citation
271	system, may provide by an electronic transmission a replica of
272	the citation data to facsimile with a court having jurisdiction
273	over the alleged offense or with its traffic violations bureau
274	within 45 days after the date of issuance of the citation to the
275	violator. If the person cited for the violation of s. 316.1001
276	makes the election provided by s. 318.14(12) and pays the $25
277	fine, or such other amount as imposed by the governmental entity
278	owning the applicable toll facility, plus the amount of the
279	unpaid toll that is shown on the traffic citation directly to
280	the governmental entity that issued the citation, or on whose
281	behalf the citation was issued, in accordance with s.
282	318.14(12), the traffic citation will not be submitted to the
283	court, the disposition will be reported to the department by the
284	governmental entity that issued the citation, or on whose behalf
285	the citation was issued, and no points will be assessed against
286	the person's driver's license.
287	(4)  The chief administrative officer of every traffic
288	enforcement agency shall require that the return to him or her
289	of the officer-agency department record copy of every traffic
290	citation issued by an officer under the chief administrative
291	officer's supervision to an alleged violator of any traffic law
292	or ordinance and of all copies of every traffic citation that
293	which has been spoiled or upon which any entry has been made and
294	not issued to an alleged violator be returned to the chief
295	administrative officer or agency. In the case of a traffic
296	enforcement agency that which has an automated citation issuance
297	system, the chief administrative officer shall require the
298	return of all electronic traffic citation records.
299	(5)  Upon the deposit of the original and one copy of such
300	traffic citation or upon deposit of an electronic transmission
301	of a replica of citation data facsimile of the traffic citation
302	with respect to traffic enforcement agencies that which have an
303	automated citation issuance system with a court having
304	jurisdiction over the alleged offense or with its traffic
305	violations bureau as aforesaid, the original citation, the
306	electronic citation containing a replica of citation data
307	facsimile, or a copy of such traffic citation may be disposed of
308	only by trial in the court or other official action by a judge
309	of the court, including forfeiture of the bail, or by the
310	deposit of sufficient bail with, or payment of a fine to, the
311	traffic violations bureau by the person to whom such traffic
312	citation has been issued by the traffic enforcement officer.
313	(6)  The chief administrative officer shall transmit, on a
314	form approved by the department, the department record copy of
315	the uniform traffic citation to the department within 5 days
316	after submission of the original, groups of issued citations and
317	one copy to the court, or citation and transmittal data to the
318	court. Batches of electronic citations containing a replica of
319	citation data may be transmitted to the court department in an
320	electronic automated fashion, in a format form prescribed by the
321	department within 5 days after issuance to the violator. A copy
322	of such transmittal shall also be provided to the court having
323	jurisdiction for accountability purposes.
324	(7)  The chief administrative officer shall also maintain
325	or cause to be maintained in connection with every traffic
326	citation issued by an officer under his or her supervision a
327	record of the disposition of the charge by the court or its
328	traffic violations bureau in which the original or copy of the
329	traffic citation or electronic citation was deposited.
330	Section 8.  Subsections (1) through (11) of section
331	319.001, Florida Statutes, are renumbered as subsections (2)
332	through (12), respectively, and a new subsection (1) is added to
333	that section to read:
334	319.001  Definitions.--As used in this chapter, the term:
335	(1)  "Certificate of title" means the record that is
336	evidence of ownership of a vehicle, whether a paper certificate
337	authorized by the department or a certificate consisting of
338	information that is stored in an electronic form in the
339	department's database.
340	Section 9.  Subsection (27) of section 320.01, Florida
341	Statutes, is amended to read:
342	320.01  Definitions, general.--
343	(27)  "Motorcycle" means any motor vehicle having a seat or
344	saddle for the use of the rider and designed to travel on not
345	more than three wheels in contact with the ground, but excluding
346	a tractor, or a moped, or a vehicle in which the operator is
347	enclosed by a cabin.
348	Section 10.  Section 28 of chapter 2006-290, Laws of
349	Florida, is repealed.
350	Section 11.  Section 320.0706, Florida Statutes, is amended
351	to read:
352	320.0706  Display of license plates on trucks.--The owner
353	of any commercial truck of gross vehicle weight of 26,001 pounds
354	or more shall display the registration license plate on both the
355	front and rear of the truck in conformance with all the
356	requirements of s. 316.605 that do not conflict with this
357	section. The owner of a dump truck may place the rear license
358	plate on the gate no higher than 60 inches to allow for better
359	visibility. However, the owner of a truck tractor shall be
360	required to display the registration license plate only on the
361	front of such vehicle. A violation of this section is a
362	noncriminal traffic infraction, punishable as a moving violation
363	as provided in chapter 318.
364	Section 12.  Subsection (4) of section 320.0715, Florida
365	Statutes, is amended to read:
366	320.0715  International Registration Plan; motor carrier
367	services; permits; retention of records.--
368	(4)  Each motor carrier registered under the International
369	Registration Plan shall maintain and keep, for a period of 4
370	years, pertinent records and papers as may be required by the
371	department for the reasonable administration of this chapter.
372	(a)  The department shall withhold registrations and
373	license plates for commercial motor vehicles unless the
374	identifying number issued by the federal agency responsible for
375	motor carrier safety is provided for the motor carrier and the
376	entity responsible for motor carrier safety for each motor
377	vehicle as part of the application process.
378	(b)  The department may not issue a commercial motor
379	vehicle registration or license plate to, and may not transfer
380	the commercial motor vehicle registration or license plate for,
381	a motor carrier or vehicle owner who has been prohibited from
382	operating by a federal or state agency responsible for motor
383	carrier safety.
384	(c)  The department, with notice, shall suspend any
385	commercial motor vehicle registration and license plate issued
386	to a motor carrier or vehicle owner who has been prohibited from
387	operating by a federal or state agency responsible for motor
388	carrier safety.
389	Section 13.  Subsection (3) of section 320.08053, Florida
390	Statutes, is amended to read:
391	320.08053  Requirements for requests to establish specialty
392	license plates.--
393	(3)  The department shall adopt rules providing viewpoint-
394	neutral specifications for the design of specialty license
395	plates that promote or enhance the readability of all specialty
396	license plates and that discourage counterfeiting. The rules
397	shall provide uniform specifications requiring inclusion of the
398	word "Florida" in the same location on each specialty license
399	plate, in such a size and location that is clearly identifiable
400	on the specialty license plate when mounted on a vehicle, and
401	shall provide specifications for the size and location of any
402	words or logos appearing on a specialty license plate.
403	Section 14.  Subsections (10) through (44) of section
404	322.01, Florida Statutes, are renumbered as subsections (11)
405	through (45), respectively, present subsections (10), (23), and
406	(29) are amended, and a new subsection (10) is added to that
407	section, to read:
408	322.01  Definitions.--As used in this chapter:
409	(10)  "Convenience service" means any means whereby an
410	individual conducts a transaction with the department other than
411	in person.
412	(11)(10)(a)  "Conviction" means a conviction of an offense
413	relating to the operation of motor vehicles on highways which is
414	a violation of this chapter or any other such law of this state
415	or any other state, including an admission or determination of a
416	noncriminal traffic infraction pursuant to s. 318.14, or a
417	judicial disposition of an offense committed under any federal
418	law substantially conforming to the aforesaid state statutory
419	provisions.
420	(b)  Notwithstanding any other provisions of this chapter,
421	the definition of "conviction" provided in 49 C.F.R. part 383.5
422	applies to offenses committed in a commercial motor vehicle or
423	by a person holding a commercial driver's license.
424	(24)(23)  "Hazardous materials" means any material that has
425	been designated as hazardous under 49 U.S.C. s. 5103 and is
426	required to be placarded under subpart F of 49 C.F.R. part 172
427	or any quantity of a material listed as a select agent or toxin
428	in 42 C.F.R. part 73 has the meaning such term has under s. 103
429	of the Hazardous Materials Transportation Act.
430	(30)(29)  "Out-of-service order" means a prohibition issued
431	by an authorized local, state, or Federal Government official
432	which precludes a person from driving a commercial motor vehicle
433	for a period of 72 hours or less.
434	Section 15.  Subsection (5) of section 322.0255, Florida
435	Statutes, is amended to read:
436	322.0255  Florida Motorcycle Safety Education Program.--
437	(5)  The department shall, subject to the availability of
438	funds, reimburse each organization that provides an approved
439	motorcycle safety education course for each student who begins
440	the on-cycle portion of the course. This shall include any
441	student not required to attend a motorcycle safety education
442	course prior to licensure as required in s. 322.12. The amount
443	to be reimbursed per student to each course provider shall be
444	determined by the department. In order to facilitate such
445	determination, each course provider shall be required to submit
446	proof satisfactory to the department of the expected cost per
447	student to be incurred by such course provider. In no event
448	shall the amount to be reimbursed per student to any course
449	provider exceed the expected cost per student. In addition to
450	the amount of any reimbursement, each course provider that
451	conducts such a course may charge each student a tuition fee
452	sufficient to defray the cost of conducting the course. The
453	department shall fund the payments required under this
454	subsection from the motorcycle safety education fee, as provided
455	in ss. 320.08 and 322.025. The only organizations that are
456	eligible for reimbursement under this subsection are
457	organizations that executed a contract on or after July 1, 2008.
458	This reimbursement shall continue for 12 months following the
459	execution of the organization's contract.
460	Section 16.  Subsection (1) of section 322.03, Florida
461	Statutes, is amended to read:
462	322.03  Drivers must be licensed; penalties.--
463	(1)  Except as otherwise authorized in this chapter, a
464	person may not drive any motor vehicle upon a highway in this
465	state unless such person has a valid driver's license under the
466	provisions of this chapter.
467	(a)  A person who drives a commercial motor vehicle shall
468	not receive a driver's license unless and until he or she
469	surrenders to the department all driver's licenses in his or her
470	possession issued to him or her by any other jurisdiction or
471	makes an affidavit that he or she does not possess a driver's
472	license. Any such person who fails to surrender such licenses or
473	who makes a false affidavit concerning such licenses is guilty
474	of a misdemeanor of the first degree, punishable as provided in
475	s. 775.082 or s. 775.083.
476	(b)  A person who does not drive a commercial motor vehicle
477	is not required to surrender a license issued by another
478	jurisdiction, upon a showing to the department that such license
479	is necessary because of employment or part-time residence. Any
480	person who retains a driver's license because of employment or
481	part-time residence shall, upon qualifying for a license in this
482	state, be issued a driver's license which shall be valid within
483	this state only. All surrendered licenses may be returned by the
484	department to the issuing jurisdiction together with information
485	that the licensee is now licensed in a new jurisdiction or may
486	be destroyed by the department, which shall notify the issuing
487	jurisdiction of such destruction. A person may not have more
488	than one valid Florida driver's license at any time.
489	(c)  Part-time residents issued a license pursuant to
490	paragraph (b) may continue to hold such license until the next
491	regularly scheduled renewal. Licenses that are identified as
492	"Valid in Florida only" may not be issued or renewed effective
493	July 1, 2009. This paragraph is repealed effective June 30,
494	2017.
495	Section 17.  Subsections (1) and (2) of section 322.051,
496	Florida Statutes, are amended to read:
497	322.051  Identification cards.--
498	(1)  Any person who is 5 years of age or older, or any
499	person who has a disability, regardless of age, who applies for
500	a disabled parking permit under s. 320.0848, may be issued an
501	identification card by the department upon completion of an
502	application and payment of an application fee.
503	(a)  Each such application shall include the following
504	information regarding the applicant:
505	1.  Full name (first, middle or maiden, and last), gender,
506	proof of social security card number satisfactory to the
507	department, county of residence, and mailing address, proof of
508	residential address satisfactory to the department, country of
509	birth, and a brief description.
510	2.  Proof of birth date satisfactory to the department.
511	3.  Proof of identity satisfactory to the department. Such
512	proof must include one of the following documents issued to the
513	applicant:
514	a.  A driver's license record or identification card record
515	from another jurisdiction that required the applicant to submit
516	a document for identification which is substantially similar to
517	a document required under sub-subparagraph b., sub-subparagraph
518	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
519	f., or sub-subparagraph g., or sub-subparagraph h.;
520	b.  A certified copy of a United States birth certificate;
521	c.  A valid unexpired United States passport;
522	d.  A naturalization certificate issued by the United
523	States Department of Homeland Security;
524	e.  A valid unexpired An alien registration receipt card
525	(green card);
526	f.  Consular Report of Birth Abroad provided by the United
527	States Department of State.
528	g.f.  An unexpired employment authorization card issued by
529	the United States Department of Homeland Security; or
530	h.g.  Proof of nonimmigrant classification provided by the
531	United States Department of Homeland Security, for an original
532	identification card. In order to prove such nonimmigrant
533	classification, applicants may produce but are not limited to
534	the following documents:
535	(I)  A notice of hearing from an immigration court
536	scheduling a hearing on any proceeding.
537	(II)  A notice from the Board of Immigration Appeals
538	acknowledging pendency of an appeal.
539	(III)  Notice of the approval of an application for
540	adjustment of status issued by the United States Bureau of
541	Citizenship and Immigration Services.
542	(IV)  Any official documentation confirming the filing of a
543	petition for asylum or refugee status or any other relief issued
544	by the United States Bureau of Citizenship and Immigration
545	Services.
546	(V)  Notice of action transferring any pending matter from
547	another jurisdiction to Florida, issued by the United States
548	Bureau of Citizenship and Immigration Services.
549	(VI)  Order of an immigration judge or immigration officer
550	granting any relief that authorizes the alien to live and work
551	in the United States including, but not limited to asylum.
552	(VII)  Evidence that an application is pending for
553	adjustment of status to that of an alien lawfully admitted for
554	permanent residence in the United States or conditional
555	permanent resident status in the United States, if a visa number
556	is available having a current priority date for processing by
557	the United States Bureau of Citizenship and Immigration
558	Services.
559
560	Presentation of any of the documents described in sub-
561	subparagraph g. f. or sub-subparagraph h. g. entitles the
562	applicant to an identification card for a period not to exceed
563	the expiration date of the document presented or 1 year,
564	whichever first occurs.
565	(b)  An application for an identification card must be
566	signed and verified by the applicant in a format designated by
567	the department before a person authorized to administer oaths
568	and payment of the applicable fee pursuant to s. 322.21. The fee
569	for an identification card is $3, including payment for the
570	color photograph or digital image of the applicant.
571	(c)  Each such applicant may include fingerprints and any
572	other unique biometric means of identity.
573	(2)(a)  Every identification card:
574	1.  Issued to a person at least 5 years of age who has not
575	attained 15 years of age expires shall expire, unless canceled
576	earlier, on the fourth birthday of the applicant following the
577	date of original issue.
578	2.  Issued to a person at least 15 years of age or older
579	expires, unless canceled earlier, on the eighth birthday of the
580	applicant following the date of original issue.
581	3.  Renewal of any identification card shall be made for
582	the applicable term enumerated in this section. However, if an
583	individual is 60 years of age or older, and has an
584	identification card issued under this section, the card shall
585	not expire unless done so by cancellation by the department or
586	by the death of the cardholder. Renewal of any identification
587	card shall be made for a term which shall expire on the fourth
588	birthday of the applicant following expiration of the
589	identification card renewed, unless surrendered earlier. Any
590	application for renewal received later than 90 days after
591	expiration of the identification card shall be considered the
592	same as an application for an original identification card. The
593	renewal fee for an identification card shall be $10, of which $4
594	shall be deposited into the General Revenue Fund and $6 into the
595	Highway Safety Operating Trust Fund. The department shall, at
596	the end of 4 years and 6 months after the issuance or renewal of
597	an identification card, destroy any record of the card if it has
598	expired and has not been renewed, unless the cardholder is 60
599	years of age or older.
600	(b)  Notwithstanding any other provision of this chapter,
601	if an applicant establishes his or her identity for an
602	identification card using a document authorized under sub-
603	subparagraph (1)(a)3.e., the identification card shall expire on
604	the eighth fourth birthday of the applicant following the date
605	of original issue or upon first renewal or duplicate issued
606	after implementation of this section. After an initial showing
607	of such documentation, he or she is exempted from having to
608	renew or obtain a duplicate in person.
609	(c)  Notwithstanding any other provisions of this chapter,
610	if an applicant establishes his or her identity for an
611	identification card using an identification document authorized
612	under sub-subparagraph (1)(a)3.g.f. or sub-subparagraph
613	(1)(a)3.h.g., the identification card shall expire 1 year 2
614	years after the date of issuance or upon the expiration date
615	cited on the United States Department of Homeland Security
616	documents, whichever date first occurs, and may not be renewed
617	or obtain a duplicate except in person.
618	Section 18.  Subsection (2) of section 322.08, Florida
619	Statutes, are amended to read:
620	322.08  Application for license.--
621	(2)  Each such application shall include the following
622	information regarding the applicant:
623	(a)  Full name (first, middle or maiden, and last), gender,
624	proof of social security card number satisfactory to the
625	department, county of residence, and mailing address, and proof
626	of residential address satisfactory to the department, country
627	of birth, and a brief description.
628	(b)  Proof of birth date satisfactory to the department.
629	(c)  Proof of identity satisfactory to the department. Such
630	proof must include one of the following documents issued to the
631	applicant:
632	1.  A driver's license record or identification card record
633	from another jurisdiction that required the applicant to submit
634	a document for identification which is substantially similar to
635	a document required under subparagraph 2., subparagraph 3.,
636	subparagraph 4., subparagraph 5., subparagraph 6., or
637	subparagraph 7., or subparagraph 8.;
638	2.  A certified copy of a United States birth certificate;
639	3.  A valid unexpired United States passport;
640	4.  A naturalization certificate issued by the United
641	States Department of Homeland Security;
642	5.  A valid unexpired An alien registration receipt card
643	(green card);
644	6.  Consular Report of Birth Abroad provided by the United
645	States Department of State;
646	7.6.  An unexpired employment authorization card issued by
647	the United States Department of Homeland Security; or
648	8.7.  Proof of nonimmigrant classification provided by the
649	United States Department of Homeland Security, for an original
650	driver's license. In order to prove nonimmigrant classification,
651	an applicant may produce the following documents, including, but
652	not limited to:
653	a.  A notice of hearing from an immigration court
654	scheduling a hearing on any proceeding.
655	b.  A notice from the Board of Immigration Appeals
656	acknowledging pendency of an appeal.
657	c.  A notice of the approval of an application for
658	adjustment of status issued by the United States Bureau of
659	Citizenship and Immigration Services.
660	d.  Any official documentation confirming the filing of a
661	petition for asylum or refugee status or any other relief issued
662	by the United States Bureau of Citizenship and Immigration
663	Services.
664	e.  A notice of action transferring any pending matter from
665	another jurisdiction to this state issued by the United States
666	Bureau of Citizenship and Immigration Services.
667	f.  An order of an immigration judge or immigration officer
668	granting any relief that authorizes the alien to live and work
669	in the United States, including, but not limited to, asylum.
670	g.  Evidence that an application is pending for adjustment
671	of status to that of an alien lawfully admitted for permanent
672	residence in the United States or conditional permanent resident
673	status in the United States, if a visa number is available
674	having a current priority date for processing by the United
675	States Bureau of Citizenship and Immigration Services.
676
677	Presentation of any of the documents in subparagraph 7. 6. or
678	subparagraph 8. 7. entitles the applicant to a driver's license
679	or temporary permit for a period not to exceed the expiration
680	date of the document presented or 1 year, whichever occurs
681	first.
682	(d)  Whether the applicant has previously been licensed to
683	drive, and, if so, when and by what state, and whether any such
684	license or driving privilege has ever been disqualified,
685	revoked, or suspended, or whether an application has ever been
686	refused, and, if so, the date of and reason for such
687	disqualification, suspension, revocation, or refusal.
688	(e)  Each such application may include fingerprints and
689	other unique biometric means of identity.
690	Section 19.  Paragraph (a) of subsection (1) of section
691	322.14, Florida Statutes, is amended to read:
692	322.14  Licenses issued to drivers.--
693	(1)(a)  The department shall, upon successful completion of
694	all required examinations and payment of the required fee, issue
695	to every applicant qualifying therefor, a driver's license as
696	applied for, which license shall bear thereon a color photograph
697	or digital image of the licensee; the name of the state; a
698	distinguishing number assigned to the licensee; and the
699	licensee's full name, date of birth, and residence mailing
700	address; a brief description of the licensee, including, but not
701	limited to, the licensee's gender and height; and the dates of
702	issuance and expiration of the license. A space shall be
703	provided upon which the licensee shall affix his or her usual
704	signature. No license shall be valid until it has been so signed
705	by the licensee except that the signature of said licensee shall
706	not be required if it appears thereon in facsimile or if the
707	licensee is not present within the state at the time of
708	issuance. Applicants qualifying to receive a Class A, Class B,
709	or Class C driver's license must appear in person within the
710	state for issuance of a color photographic or digital imaged
711	driver's license pursuant to s. 322.142.
712	Section 20.  Section 322.15, Florida Statutes, is amended
713	to read:
714	322.15  License to be carried and exhibited on demand;
715	fingerprint to be imprinted upon a citation.--
716	(1)  Every licensee shall have his or her driver's license,
717	which must be fully legible with no portion of such license
718	faded, altered, mutilated, or defaced, in his or her immediate
719	possession at all times when operating a motor vehicle and shall
720	display the same upon the demand of a law enforcement officer or
721	an authorized representative of the department.
722	(2)  Upon the failure of any person to display a driver's
723	license as required by subsection (1), the law enforcement
724	officer or authorized representative of the department stopping
725	the person shall require the person to imprint his or her
726	fingerprints fingerprint upon any citation issued by the officer
727	or authorized representative, or the officer or authorized
728	representative shall collect the fingerprints electronically.
729	(3)  In relation to violations of subsection (1) or s.
730	322.03(5), persons who cannot supply proof of a valid driver's
731	license for the reason that the license was suspended for
732	failure to comply with that citation shall be issued a
733	suspension clearance by the clerk of the court for that citation
734	upon payment of the applicable penalty and fee for that
735	citation. If proof of a valid driver's license is not provided
736	to the clerk of the court within 30 days, the person's driver's
737	license shall again be suspended for failure to comply.
738	(4)  A violation of subsection (1) is a noncriminal traffic
739	infraction, punishable as a nonmoving violation as provided in
740	chapter 318.
741	Section 21.  Section 322.17, Florida Statutes, is amended
742	to read:
743	322.17  Duplicate and replacement certificates.--
744	(1)(a)  In the event that an instruction permit or driver's
745	license issued under the provisions of this chapter is lost or
746	destroyed, the person to whom the same was issued may, upon
747	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
748	a replacement duplicate, or substitute thereof, upon furnishing
749	proof satisfactory to the department that such permit or license
750	has been lost or destroyed, and further furnishing the full
751	name, date of birth, sex, residence and mailing address, proof
752	of birth satisfactory to the department, and proof of identity
753	satisfactory to the department. Five dollars of the fee levied
754	in this paragraph shall go to the Highway Safety Operating Trust
755	Fund of the department.
756	(b)  In the event that an instruction permit or driver's
757	license issued under the provisions of this chapter is stolen,
758	the person to whom the same was issued may, at no charge, obtain
759	a replacement duplicate, or substitute thereof, upon furnishing
760	proof satisfactory to the department that such permit or license
761	was stolen and further furnishing the full name, date of birth,
762	sex, residence and mailing address, proof of birth satisfactory
763	to the department, and proof of identity satisfactory to the
764	department.
765	(2)  Upon the surrender of the original license and the
766	payment of the appropriate fees pursuant to s. 322.21 a $10
767	replacement fee, the department shall issue a replacement
768	license to make a change in name, address, or restrictions. Upon
769	written request by the licensee and notification of a change in
770	address, and the payment of a $10 fee, the department shall
771	issue an address sticker which shall be affixed to the back of
772	the license by the licensee. Nine dollars of the fee levied in
773	this subsection shall go to the Highway Safety Operating Trust
774	Fund of the department.
775	(3)  Notwithstanding any other provisions of this chapter,
776	if a licensee establishes his or her identity for a driver's
777	license using an identification document authorized under s.
778	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
779	duplicate or replacement instruction permit or driver's license
780	except in person and upon submission of an identification
781	document authorized under s. 322.08(2)(c)7.6. or 8.7.
782	Section 22.  Subsections (2), (4), (5), (8), and (9) of
783	section 322.18, Florida Statutes, are amended to read:
784	322.18  Original applications, licenses, and renewals;
785	expiration of licenses; delinquent licenses.--
786	(2)  Each applicant who is entitled to the issuance of a
787	driver's license, as provided in this section, shall be issued a
788	driver's license, as follows:
789	(a)  An applicant who has not attained 80 years of age
790	applying for an original issuance shall be issued a driver's
791	license that which expires at midnight on the licensee's
792	birthday which next occurs on or after the eighth sixth
793	anniversary of the date of issue. An applicant who is at least
794	80 years of age applying for an original issuance shall be
795	issued a driver's license that expires at midnight on the
796	licensee's birthday that next occurs on or after the sixth
797	anniversary of the date of issue.
798	(b)  An applicant who has not attained 80 years of age
799	applying for a renewal issuance or renewal extension shall be
800	issued a driver's license that or renewal extension sticker
801	which expires at midnight on the licensee's birthday that which
802	next occurs 8 4 years after the month of expiration of the
803	license being renewed. An applicant who is at least 80 years of
804	age applying for a renewal issuance shall be issued a driver's
805	license that, except that a driver whose driving record reflects
806	no convictions for the preceding 3 years shall be issued a
807	driver's license or renewal extension sticker which expires at
808	midnight on the licensee's birthday that which next occurs 6
809	years after the month of expiration of the license being
810	renewed.
811	(c)  Notwithstanding any other provision of this chapter,
812	if an applicant establishes his or her identity for a driver's
813	license using a document authorized under s. 322.08(2)(c)5., the
814	driver's license shall expire in accordance with paragraph (b).
815	After an initial showing of such documentation, he or she is
816	exempted from having to renew or obtain a duplicate in person.
817	(d)  Notwithstanding any other provision of this chapter,
818	if an applicant establishes his or her identity for a driver's
819	license using a document authorized in s. 322.08(2)(c)7.6. or
820	8.7., the driver's license shall expire 8 2 years after the date
821	of issuance or upon the expiration date cited on the United
822	States Department of Homeland Security documents, whichever date
823	first occurs.
824	(e)  Notwithstanding any other provision of this chapter,
825	an applicant applying for an original or renewal issuance of a
826	commercial driver's license as defined in s. 322.01(7), with a
827	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
828	shall be issued a driver's license that expires at midnight on
829	the licensee's birthday that next occurs 4 years after the month
830	of expiration of the license being issued or renewed.
831	(4)(a)  Except as otherwise provided in this chapter, all
832	licenses shall be renewable every 8 4 years or 6 years,
833	depending upon the terms of issuance and shall be issued or
834	renewed extended upon application, payment of the fees required
835	by s. 322.21, and successful passage of any required
836	examination, unless the department has reason to believe that
837	the licensee is no longer qualified to receive a license.
838	(b)  Notwithstanding any other provision of this chapter,
839	if an applicant establishes his or her identity for a driver's
840	license using a document authorized under s. 322.08(2)(c)5., the
841	license, upon an initial showing of such documentation, is
842	exempted from having to renew or obtain a duplicate in person,
843	unless the renewal or duplication coincides with the periodic
844	reexamination of a driver as required pursuant to s. 322.121.
845	(c)  Notwithstanding any other provision of this chapter,
846	if a licensee establishes his or her identity for a driver's
847	license using an identification document authorized under s.
848	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
849	driver's license except in person and upon submission of an
850	identification document authorized under s. 322.08(2)(c)7.6. or
851	8.7. A driver's license renewed under this paragraph expires 8 4
852	years after the date of issuance or upon the expiration date
853	cited on the United States Department of Homeland Security
854	documents, whichever date first occurs.
855	(5)  All renewal driver's licenses may be issued after the
856	applicant licensee has been determined to be eligible by the
857	department.
858	(a)  A licensee who is otherwise eligible for renewal and
859	who is at least 80 over 79 years of age:
860	1.  Must submit to and pass a vision test administered at
861	any driver's license office; or
862	2.  If the licensee applies for a renewal using a
863	convenience service an extension by mail as provided in
864	subsection (8), he or she must submit to a vision test
865	administered by a physician licensed under chapter 458 or
866	chapter 459, or an optometrist licensed under chapter 463, must
867	send the results of that test to the department on a form
868	obtained from the department and signed by such health care
869	practitioner, and must meet vision standards that are equivalent
870	to the standards for passing the departmental vision test. The
871	physician or optometrist may submit the results of a vision test
872	by a department-approved electronic means.
873	(b)  A licensee who is at least 80 over 79 years of age may
874	not submit an application for renewal extension under subsection
875	(8) by a convenience service electronic or telephonic means,
876	unless the results of a vision test have been electronically
877	submitted in advance by the physician or optometrist.
878	(8)  The department shall issue 8-year renewals using a
879	convenience service 4-year and 6-year license extensions by
880	mail, electronic, or telephonic means without reexamination to
881	drivers who have not attained 80 years of age. The department
882	shall issue 6-year renewals using a convenience service when the
883	applicant has satisfied the requirements of subsection (5).
884	(a)  If the department determines from its records that the
885	holder of a license about to expire is eligible for renewal, the
886	department shall mail a renewal notice to the licensee at his or
887	her last known address, not less than 30 days prior to the
888	licensee's birthday. The renewal notice shall direct the
889	licensee to appear at a driver license office for in-person
890	renewal or to transmit the completed renewal notice and the fees
891	required by s. 322.21 to the department using a convenience
892	service by mail, electronically, or telephonically within the 30
893	days preceding the licensee's birthday for a license extension.
894	License extensions shall not be available to drivers directed to
895	appear for in-person renewal.
896	(b)  Upon receipt of a properly completed renewal notice,
897	payment of the required fees, and upon determining that the
898	licensee is still eligible for renewal, the department shall
899	send a new license extension sticker to the licensee to affix to
900	the expiring license as evidence that the license term has been
901	extended.
902	(c)  The department shall issue one renewal using a
903	convenience service license extensions for two consecutive
904	license expirations only. Upon expiration of two consecutive
905	license extension periods, in-person renewal with reexamination
906	as provided in s. 322.121 shall be required. A person who is out
907	of this state when his or her license expires may be issued a
908	90-day temporary driving permit without reexamination. At the
909	end of the 90-day period, the person must either return to this
910	state or apply for a license where the person is located, except
911	for a member of the Armed Forces as provided in s. 322.121(6).
912	(d)  In-person renewal at a driver license office shall not
913	be available to drivers whose records indicate they were
914	directed to apply for a license extension.
915	(d)(e)  Any person who knowingly possesses any forged,
916	stolen, fictitious, counterfeit, or unlawfully issued license
917	extension sticker, unless possession by such person has been
918	duly authorized by the department, commits a misdemeanor of the
919	second degree, punishable as provided in s. 775.082 or s.
920	775.083.
921	(e)(f)  The department shall develop a plan for the
922	equitable distribution of license extensions and renewals and
923	the orderly implementation of this section.
924	(9)(a)  The application form for a renewal issuance or
925	renewal extension shall include language permitting a voluntary
926	contribution of $1 per applicant, to be quarterly distributed by
927	the department to Prevent Blindness Florida, a not-for-profit
928	organization, to prevent blindness and preserve the sight of the
929	residents of this state. A statement providing an explanation of
930	the purpose of the funds shall be included with the application
931	form.
932	(b)  Prior to the department distributing the funds
933	collected pursuant to paragraph (a), Prevent Blindness Florida
934	must submit a report to the department that identifies how such
935	funds were used during the preceding year.
936	Section 23.  Subsections (2) and (4) of section 322.19,
937	Florida Statutes, are amended to read:
938	322.19  Change of address or name.--
939	(2)  Whenever any person, after applying for or receiving a
940	driver's license, changes the residence or mailing address in
941	the application or license, the person must, within 10 calendar
942	days, either obtain a replacement license that reflects the
943	change or request in writing a change-of-address sticker. A The
944	written request to the department must include the old and new
945	addresses and the driver's license number.
946	(4)  Notwithstanding any other provision of this chapter,
947	if a licensee established his or her identity for a driver's
948	license using an identification document authorized under s.
949	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
950	name or address except in person and upon submission of an
951	identification document authorized under s. 322.08(2)(c)7.6. or
952	8.7.
953	Section 24.  Subsection (1) of section 322.21, Florida
954	Statutes, is amended to read:
955	322.21  License fees; procedure for handling and collecting
956	fees.--
957	(1)  Except as otherwise provided herein, the fee for:
958	(a)  An original or renewal commercial driver's license is
959	$67 $50, which shall include the fee for driver education
960	provided by s. 1003.48; however, if an applicant has completed
961	training and is applying for employment or is currently employed
962	in a public or nonpublic school system that requires the
963	commercial license, the fee shall be the same as for a Class E
964	driver's license. A delinquent fee of $1 shall be added for a
965	renewal made not more than 12 months after the license
966	expiration date. Of the $67 fee, $50 shall be deposited into the
967	General Revenue Fund. The remaining $17 shall be deposited into
968	the Highway Safety Operating Trust Fund for the general
969	operations of the department.
970	(b)  An original Class E driver's license is $27 $20, which
971	shall include the fee for driver's education provided by s.
972	1003.48; however, if an applicant has completed training and is
973	applying for employment or is currently employed in a public or
974	nonpublic school system that requires a commercial driver
975	license, the fee shall be the same as for a Class E license. Of
976	the $27 fee, $20 shall be deposited into the General Revenue
977	Fund. The remaining $7 shall be deposited into the Highway
978	Safety Operating Trust Fund for the general operations of the
979	department.
980	(c)  The renewal or extension of a Class E driver's license
981	or of a license restricted to motorcycle use only is $20 $15,
982	except that a delinquent fee of $1 shall be added for a renewal
983	or extension made not more than 12 months after the license
984	expiration date. The fee provided in this paragraph shall
985	include the fee for driver's education provided by s. 1003.48.
986	Of the $20 fee, $15 shall be deposited into the General Revenue
987	Fund. The remaining $5 shall be deposited into the Highway
988	Safety Operating Trust Fund for the general operations of the
989	department.
990	(d)  An original driver's license restricted to motorcycle
991	use only is $27 $20, which shall include the fee for driver's
992	education provided by s. 1003.48. Of the $27 fee, $20 shall be
993	deposited into the General Revenue Fund. The remaining $7 shall
994	be deposited into the Highway Safety Operating Trust Fund for
995	the general operations of the department.
996	(e)  A replacement driver's license issued pursuant to s.
997	322.17 is $10. Of the $10 fee, $3 shall be deposited into the
998	General Revenue Fund. The remaining $7 shall be deposited into
999	the Highway Safety Operating Trust Fund for the general
1000	operations of the department.
1001	(f)  An original or renewal identification card issued
1002	pursuant to s. 322.051 is $10. Of the $10 fee, $4 shall be
1003	deposited into the General Revenue Fund. The remaining $6 shall
1004	be deposited in the Highway Safety Operating Trust Fund for the
1005	general operations of the department.
1006	(g)(e)  Each endorsement required by s. 322.57 is $7 $5. Of
1007	the $7 fee, $5 shall be deposited into the General Revenue Fund.
1008	The remaining $2 shall be deposited into the Highway Safety
1009	Operating Trust Fund for the general operations of the
1010	department.
1011	(h)(f)  A hazardous-materials endorsement, as required by
1012	s. 322.57(1)(d), shall be set by the department by rule and
1013	shall reflect the cost of the required criminal history check,
1014	including the cost of the state and federal fingerprint check,
1015	and the cost to the department of providing and issuing the
1016	license. The fee shall not exceed $100. This fee shall be
1017	deposited in the Highway Safety Operating Trust Fund. The
1018	department may adopt rules to administer this section.
1019	Section 25.  Subsection (3) of section 322.2715, Florida
1020	Statutes is amended to read:
1021	322.2715  Ignition interlock device.--
1022	(3)  If the person is convicted of:
1023	(a)  A first offense of driving under the influence under
1024	s. 316.193 and has an unlawful blood-alcohol level or breath-
1025	alcohol level as specified in s. 316.193(4), or if a person is
1026	convicted of a violation of s. 316.193 and was at the time of
1027	the offense accompanied in the vehicle by a person younger than
1028	18 years of age, the person shall have the ignition interlock
1029	device installed for 6 continuous months for the first offense
1030	and for at least 2 continuous years for a second offense.
1031	(b)  A second offense of driving under the influence, the
1032	ignition interlock device shall be installed for a period of not
1033	less than 1 continuous year.
1034	(c)  A third offense of driving under the influence which
1035	occurs within 10 years after a prior conviction for a violation
1036	of s.316.193, the ignition interlock device shall be installed
1037	for a period of not less than 2 continuous years.
1038	(d)  A third offense of driving under the influence which
1039	occurs more than 10 years after the date of a prior conviction,
1040	the ignition interlock device shall be installed for a period of
1041	not less than 2 continuous years.
1042	Section 26.  Section 322.291, Florida Statutes is amended
1043	to read:
1044	322.291  Driver improvement schools or DUI programs;
1045	required in certain suspension and revocation cases.--Except as
1046	provided in s. 322.03(2), any person:
1047	(1)  Whose driving privilege has been revoked:
1048	(a)  Upon conviction for:
1049	1.  Driving, or being in actual physical control of, any
1050	vehicle while under the influence of alcoholic beverages, any
1051	chemical substance set forth in s. 877.111, or any substance
1052	controlled under chapter 893, in violation of s. 316.193;
1053	2.  Driving with an unlawful blood- or breath-alcohol
1054	level;
1055	3.  Manslaughter resulting from the operation of a motor
1056	vehicle;
1057	4.  Failure to stop and render aid as required under the
1058	laws of this state in the event of a motor vehicle crash
1059	resulting in the death or personal injury of another;
1060	5.  Reckless driving; or
1061	(b)  As a an habitual offender;
1062	(c)  Upon direction of the court, if the court feels that
1063	the seriousness of the offense and the circumstances surrounding
1064	the conviction warrant the revocation of the licensee's driving
1065	privilege; or
1066	(2)  Whose license was suspended under the point system,
1067	was suspended for driving with an unlawful blood-alcohol level
1068	of 0.10 percent or higher before January 1, 1994, was suspended
1069	for driving with an unlawful blood-alcohol level of 0.08 percent
1070	or higher after December 31, 1993, was suspended for a violation
1071	of s. 316.193(1), or was suspended for refusing to submit to a
1072	lawful breath, blood, or urine test as provided in s. 322.2615
1073
1074	shall, before the driving privilege may be reinstated, present
1075	to the department proof of enrollment in a department-approved
1076	advanced driver improvement course operating pursuant to s.
1077	318.1451 or a substance abuse education course conducted by a
1078	DUI program licensed pursuant to s. 322.292, which shall include
1079	a psychosocial evaluation and treatment, if referred.
1080	Additionally, for a third or subsequent violation of
1081	requirements for installation of an ignition interlock device, a
1082	person must complete treatment as determined by a licensed
1083	treatment agency following a referral by a DUI program and have
1084	the duration of the ignition interlock device requirement
1085	extended by at least 1 month up to the time period required to
1086	complete treatment. If the person fails to complete such course
1087	or evaluation within 90 days after reinstatement, or
1088	subsequently fails to complete treatment, if referred, the DUI
1089	program shall notify the department of the failure. Upon receipt
1090	of the notice, the department shall cancel the offender's
1091	driving privilege, notwithstanding the expiration of the
1092	suspension or revocation of the driving privilege. The
1093	department may temporarily reinstate the driving privilege upon
1094	verification from the DUI program that the offender has
1095	completed the education course and evaluation requirement and
1096	has reentered and is currently participating in treatment. If
1097	the DUI program notifies the department of the second failure to
1098	complete treatment, the department shall reinstate the driving
1099	privilege only after notice of completion of treatment from the
1100	DUI program.
1101	Section 27.  Section 322.60, Florida Statutes, is repealed.
1102	Section 28.  Subsections (1) through (6) of section 322.61,
1103	Florida Statutes, is amended to read:
1104	322.61  Disqualification from operating a commercial motor
1105	vehicle.--
1106	(1)  A person who, for offenses occurring within a 3-year
1107	period, is convicted of two of the following serious traffic
1108	violations or any combination thereof, arising in separate
1109	incidents committed in a commercial motor vehicle shall, in
1110	addition to any other applicable penalties, be disqualified from
1111	operating a commercial motor vehicle for a period of 60 days. A
1112	holder of a commercial driver's license person who, for offenses
1113	occurring within a 3-year period, is convicted of two of the
1114	following serious traffic violations, or any combination
1115	thereof, arising in separate incidents committed in a
1116	noncommercial motor vehicle shall, in addition to any other
1117	applicable penalties, be disqualified from operating a
1118	commercial motor vehicle for a period of 60 days if such
1119	convictions result in the suspension, revocation, or
1120	cancellation of the license holder's driving privilege:
1121	(a)  A violation of any state or local law relating to
1122	motor vehicle traffic control, other than a parking violation, a
1123	weight violation, or a vehicle equipment violation, arising in
1124	connection with a crash resulting in death or personal injury to
1125	any person;
1126	(b)  Reckless driving, as defined in s. 316.192;
1127	(c)  Careless driving, as defined in s. 316.1925;
1128	(d)  Fleeing or attempting to elude a law enforcement
1129	officer, as defined in s. 316.1935;
1130	(e)  Unlawful speed of 15 miles per hour or more above the
1131	posted speed limit;
1132	(f)  Driving a commercial motor vehicle, owned by such
1133	person, which is not properly insured;
1134	(g)  Improper lane change, as defined in s. 316.085;
1135	(h)  Following too closely, as defined in s. 316.0895;
1136	(i)  Driving a commercial vehicle without obtaining a
1137	commercial driver's license;
1138	(j)  Driving a commercial vehicle without the proper class
1139	of commercial driver's license or without the proper
1140	endorsement; or
1141	(k)  Driving a commercial vehicle without a commercial
1142	driver's license in possession, as required by s. 322.03. Any
1143	individual who provides proof to the clerk of the court or
1144	designated official in the jurisdiction where the citation was
1145	issued, by the date the individual must appear in court or pay
1146	any fine for such a violation, that the individual held a valid
1147	commercial driver's license on the date the citation was issued
1148	is not guilty of this offense.
1149	(2)(a)  Any person who, for offenses occurring within a 3-
1150	year period, is convicted of three serious traffic violations
1151	specified in subsection (1) or any combination thereof, arising
1152	in separate incidents committed in a commercial motor vehicle
1153	shall, in addition to any other applicable penalties, including
1154	but not limited to the penalty provided in subsection (1), be
1155	disqualified from operating a commercial motor vehicle for a
1156	period of 120 days.
1157	(b)  A holder of a commercial driver's license person who,
1158	for offenses occurring within a 3-year period, is convicted of
1159	three serious traffic violations specified in subsection (1) or
1160	any combination thereof arising in separate incidents committed
1161	in a noncommercial motor vehicle shall, in addition to any other
1162	applicable penalties, including, but not limited to, the penalty
1163	provided in subsection (1), be disqualified from operating a
1164	commercial motor vehicle for a period of 120 days if such
1165	convictions result in the suspension, revocation, or
1166	cancellation of the license holder's driving privilege.
1167	(3)  Except as provided in subsection (4), any person who
1168	is convicted of one of the following offenses while operating a
1169	commercial motor vehicle or any holder of a commercial driver's
1170	license who is convicted of one of the following offenses while
1171	operating a noncommercial motor vehicle shall, in addition to
1172	any other applicable penalties, be disqualified from operating a
1173	commercial motor vehicle for a period of 1 year:
1174	(a)  Driving a commercial motor vehicle while he or she is
1175	under the influence of alcohol or a controlled substance;
1176	(b)  Driving a commercial motor vehicle while the alcohol
1177	concentration of his or her blood, breath, or urine is .04
1178	percent or higher;
1179	(c)  Leaving the scene of a crash involving a commercial
1180	motor vehicle driven by such person;
1181	(d)  Using a commercial motor vehicle in the commission of
1182	a felony;
1183	(e)  Driving a commercial motor vehicle while in possession
1184	of a controlled substance;
1185	(f)  Refusing to submit to a test to determine his or her
1186	alcohol concentration while driving a commercial motor vehicle;
1187	(g)  Driving a commercial vehicle while the licenseholder's
1188	commercial driver's license is suspended, revoked, or canceled
1189	or while the licenseholder is disqualified from driving a
1190	commercial vehicle; or
1191	(h)  Causing a fatality through the negligent operation of
1192	a commercial motor vehicle.
1193	(4)  Any person who is transporting hazardous materials as
1194	defined in s. 322.01(24) in a vehicle that is required to be
1195	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1196	shall, upon conviction of an offense specified in subsection
1197	(3), be disqualified from operating a commercial motor vehicle
1198	for a period of 3 years. The penalty provided in this subsection
1199	shall be in addition to any other applicable penalty.
1200	(5)  Any person who is convicted of two violations
1201	specified in subsection (3) which were committed while operating
1202	a commercial motor vehicle, or any combination thereof, arising
1203	in separate incidents shall be permanently disqualified from
1204	operating a commercial motor vehicle. Any holder of a commercial
1205	driver's license who is convicted of two violations specified in
1206	subsection (3) which were committed while operating a
1207	noncommercial motor vehicle, or any combination thereof, arising
1208	in separate incidents shall be permanently disqualified from
1209	operating a commercial motor vehicle. The penalty provided in
1210	this subsection is shall be in addition to any other applicable
1211	penalty.
1212	(6)  Notwithstanding subsections (3), (4), and (5), any
1213	person who uses a commercial motor vehicle in the commission of
1214	any felony involving the manufacture, distribution, or
1215	dispensing of a controlled substance, including possession with
1216	intent to manufacture, distribute, or dispense a controlled
1217	substance, shall, upon conviction of such felony, be permanently
1218	disqualified from operating a commercial motor vehicle.
1219	Notwithstanding subsections (3), (4), and (5), any holder of a
1220	commercial driver's license who uses a noncommercial motor
1221	vehicle in the commission of any felony involving the
1222	manufacture, distribution, or dispensing of a controlled
1223	substance, including possession with intent to manufacture,
1224	distribute, or dispense a controlled substance, shall, upon
1225	conviction of such felony, be permanently disqualified from
1226	operating a commercial motor vehicle. The penalty provided in
1227	this subsection is shall be in addition to any other applicable
1228	penalty.
1229	Section 29.  Subsections (1), (2), (4), (6), (7), (8), (9),
1230	and (10) of section 322.64, Florida Statutes, are amended to
1231	read:
1232	322.64  Holder of commercial driver's license; persons
1233	operating a commercial motor vehicle; driving with unlawful
1234	blood-alcohol level; refusal to submit to breath, urine, or
1235	blood test.--
1236	(1)(a)  A law enforcement officer or correctional officer
1237	shall, on behalf of the department, disqualify from operating
1238	any commercial motor vehicle a person who while operating or in
1239	actual physical control of a commercial motor vehicle is
1240	arrested for a violation of s. 316.193 , relating to unlawful
1241	blood-alcohol level or breath-alcohol level, or a person who has
1242	refused to submit to a breath, urine, or blood test authorized
1243	by s. 322.63 arising out of the operation or actual physical
1244	control of a commercial motor vehicle. A law enforcement officer
1245	or correctional officer shall, on behalf of the department,
1246	disqualify the holder of a commercial driver's license from
1247	operating any commercial motor vehicle if the licenseholder,
1248	while operating or in actual physical control of a motor
1249	vehicle, is arrested for a violation of s. 316.193, relating to
1250	unlawful blood-alcohol level or breath-alcohol level, or refused
1251	to submit to a breath, urine, or blood test authorized by s.
1252	322.63. Upon disqualification of the person, the officer shall
1253	take the person's driver's license and issue the person a 10-day
1254	temporary permit for the operation of noncommercial vehicles
1255	only if the person is otherwise eligible for the driving
1256	privilege and shall issue the person a notice of
1257	disqualification. If the person has been given a blood, breath,
1258	or urine test, the results of which are not available to the
1259	officer at the time of the arrest, the agency employing the
1260	officer shall transmit such results to the department within 5
1261	days after receipt of the results. If the department then
1262	determines that the person was arrested for a violation of s.
1263	316.193 and that the person had a blood-alcohol level or breath-
1264	alcohol level of 0.08 or higher, the department shall disqualify
1265	the person from operating a commercial motor vehicle pursuant to
1266	subsection (3).
1267	(b)  The disqualification under paragraph (a) shall be
1268	pursuant to, and the notice of disqualification shall inform the
1269	driver of, the following:
1270	1.a.  The driver refused to submit to a lawful breath,
1271	blood, or urine test and he or she is disqualified from
1272	operating a commercial motor vehicle for a period of 1 year, for
1273	a first refusal, or permanently, if he or she has previously
1274	been disqualified as a result of a refusal to submit to such a
1275	test; or
1276	b.  The driver was driving or in actual physical control of
1277	a commercial motor vehicle, or any motor vehicle if the driver
1278	holds a commercial driver's license, had an unlawful blood-
1279	alcohol level or breath-alcohol level of 0.08 or higher, and his
1280	or her driving privilege shall be disqualified for a period of 6
1281	months for a first offense or for a period of 1 year if his or
1282	her driving privilege has been previously disqualified under
1283	this section violated s. 316.193 by driving with an unlawful
1284	blood-alcohol level and he or she is disqualified from operating
1285	a commercial motor vehicle for a period of 6 months for a first
1286	offense or for a period of 1 year if he or she has previously
1287	been disqualified, or his or her driving privilege has been
1288	previously suspended, for a violation of s. 316.193.
1289	2.  The disqualification period for operating commercial
1290	vehicles shall commence on the date of arrest or issuance of the
1291	notice of disqualification, whichever is later.
1292	3.  The driver may request a formal or informal review of
1293	the disqualification by the department within 10 days after the
1294	date of arrest or issuance of the notice of disqualification,
1295	whichever is later.
1296	4.  The temporary permit issued at the time of arrest or
1297	disqualification expires will expire at midnight of the 10th day
1298	following the date of disqualification.
1299	5.  The driver may submit to the department any materials
1300	relevant to the disqualification arrest.
1301	(2)  Except as provided in paragraph (1)(a), the law
1302	enforcement officer shall forward to the department, within 5
1303	days after the date of the arrest or the issuance of the notice
1304	of disqualification, whichever is later, a copy of the notice of
1305	disqualification, the driver's license of the person
1306	disqualified arrested, and a report of the arrest, including, if
1307	applicable, an affidavit stating the officer's grounds for
1308	belief that the person disqualified arrested was operating or in
1309	actual physical control of a commercial motor vehicle, or holds
1310	a commercial driver's license, and had an unlawful blood-alcohol
1311	or breath-alcohol level in violation of s.316.193; the results
1312	of any breath or blood or urine test or an affidavit stating
1313	that a breath, blood, or urine test was requested by a law
1314	enforcement officer or correctional officer and that the person
1315	arrested refused to submit; a copy of the notice of
1316	disqualification citation issued to the person arrested; and the
1317	officer's description of the person's field sobriety test, if
1318	any. The failure of the officer to submit materials within the
1319	5-day period specified in this subsection or subsection (1) does
1320	shall not affect the department's ability to consider any
1321	evidence submitted at or prior to the hearing. The officer may
1322	also submit a copy of a videotape of the field sobriety test or
1323	the attempt to administer such test and a copy of the crash
1324	report, if any.
1325	(4)  If the person disqualified arrested requests an
1326	informal review pursuant to subparagraph (1)(b)3., the
1327	department shall conduct the informal review by a hearing
1328	officer employed by the department. Such informal review hearing
1329	shall consist solely of an examination by the department of the
1330	materials submitted by a law enforcement officer or correctional
1331	officer and by the person disqualified arrested, and the
1332	presence of an officer or witness is not required.
1333	(6)(a)  If the person disqualified arrested requests a
1334	formal review, the department must schedule a hearing to be held
1335	within 30 days after such request is received by the department
1336	and must notify the person of the date, time, and place of the
1337	hearing.
1338	(b)  Such formal review hearing shall be held before a
1339	hearing officer employed by the department, and the hearing
1340	officer shall be authorized to administer oaths, examine
1341	witnesses and take testimony, receive relevant evidence, issue
1342	subpoenas for the officers and witnesses identified in documents
1343	as provided in subsection (2), regulate the course and conduct
1344	of the hearing, and make a ruling on the disqualification. The
1345	department and the person disqualified arrested may subpoena
1346	witnesses, and the party requesting the presence of a witness
1347	shall be responsible for the payment of any witness fees. If the
1348	person who requests a formal review hearing fails to appear and
1349	the hearing officer finds such failure to be without just cause,
1350	the right to a formal hearing is waived and the department shall
1351	conduct an informal review of the disqualification under
1352	subsection (4).
1353	(c)  A party may seek enforcement of a subpoena under
1354	paragraph (b) by filing a petition for enforcement in the
1355	circuit court of the judicial circuit in which the person
1356	failing to comply with the subpoena resides. A failure to comply
1357	with an order of the court shall result in a finding of contempt
1358	of court. However, a person shall not be in contempt while a
1359	subpoena is being challenged.
1360	(d)  The department must, within 7 days after a formal
1361	review hearing, send notice to the person of the hearing
1362	officer's decision as to whether sufficient cause exists to
1363	sustain, amend, or invalidate the disqualification.
1364	(7)  In a formal review hearing under subsection (6) or an
1365	informal review hearing under subsection (4), the hearing
1366	officer shall determine by a preponderance of the evidence
1367	whether sufficient cause exists to sustain, amend, or invalidate
1368	the disqualification. The scope of the review shall be limited
1369	to the following issues:
1370	(a)  If the person was disqualified from operating a
1371	commercial motor vehicle for driving with an unlawful blood-
1372	alcohol level in violation of s. 316.193:
1373	1.  Whether the arresting law enforcement officer had
1374	probable cause to believe that the person was driving or in
1375	actual physical control of a commercial motor vehicle, or any
1376	motor vehicle if the driver holds a commercial driver's license,
1377	in this state while he or she had any alcohol, chemical
1378	substances, or controlled substances in his or her body.
1379	2.  Whether the person was placed under lawful arrest for a
1380	violation of s. 316.193.
1381	2.3.  Whether the person had an unlawful blood-alcohol
1382	level or breath-alcohol level of 0.08 or higher as provided in
1383	s. 316.193.
1384	(b)  If the person was disqualified from operating a
1385	commercial motor vehicle for refusal to submit to a breath,
1386	blood, or urine test:
1387	1.  Whether the law enforcement officer had probable cause
1388	to believe that the person was driving or in actual physical
1389	control of a commercial motor vehicle, or any motor vehicle if
1390	the driver holds a commercial driver's license, in this state
1391	while he or she had any alcohol, chemical substances, or
1392	controlled substances in his or her body.
1393	2.  Whether the person refused to submit to the test after
1394	being requested to do so by a law enforcement officer or
1395	correctional officer.
1396	3.  Whether the person was told that if he or she refused
1397	to submit to such test he or she would be disqualified from
1398	operating a commercial motor vehicle for a period of 1 year or,
1399	in the case of a second refusal, permanently.
1400	(8)  Based on the determination of the hearing officer
1401	pursuant to subsection (7) for both informal hearings under
1402	subsection (4) and formal hearings under subsection (6), the
1403	department shall:
1404	(a)  Sustain the disqualification for a period of 1 year
1405	for a first refusal, or permanently if such person has been
1406	previously disqualified from operating a commercial motor
1407	vehicle as a result of a refusal to submit to such tests. The
1408	disqualification period commences on the date of the arrest or
1409	issuance of the notice of disqualification, whichever is later.
1410	(b)  Sustain the disqualification:
1411	1.  For a period of 6 months if the person was driving or
1412	in actual physical control of a commercial motor vehicle, or any
1413	motor vehicle if the driver holds a commercial driver's license,
1414	and had an unlawful blood-alcohol level or breath-alcohol level
1415	of 0.08 or higher; for a violation of s. 316.193 or
1416	2.  For a period of 1 year if the person has been
1417	previously disqualified from operating a commercial motor
1418	vehicle or his or her driving privilege has been previously
1419	suspended for driving or being in actual physical control of a
1420	commercial motor vehicle, or any motor vehicle if the driver
1421	holds a commercial driver's license, and had an unlawful blood-
1422	alcohol level or breath-alcohol level of 0.08 or higher as a
1423	result of a violation of s. 316.193.
1424
1425	The disqualification period commences on the date of the arrest
1426	or issuance of the notice of disqualification, whichever is
1427	later.
1428	(9)  A request for a formal review hearing or an informal
1429	review hearing shall not stay the disqualification. If the
1430	department fails to schedule the formal review hearing to be
1431	held within 30 days after receipt of the request therefor, the
1432	department shall invalidate the disqualification. If the
1433	scheduled hearing is continued at the department's initiative,
1434	the department shall issue a temporary driving permit limited to
1435	noncommercial vehicles which shall be valid until the hearing is
1436	conducted if the person is otherwise eligible for the driving
1437	privilege. Such permit shall not be issued to a person who
1438	sought and obtained a continuance of the hearing. The permit
1439	issued under this subsection shall authorize driving for
1440	business purposes or employment use only.
1441	(10)  A person who is disqualified from operating a
1442	commercial motor vehicle under subsection (1) or subsection (3)
1443	is eligible for issuance of a license for business or employment
1444	purposes only under s. 322.271 if the person is otherwise
1445	eligible for the driving privilege. However, such business or
1446	employment purposes license shall not authorize the driver to
1447	operate a commercial motor vehicle.
1448	Section 30.  Subsection (10) of section 324.021, Florida
1449	Statutes, is amended to read:
1450	324.021  Definitions; minimum insurance required.--The
1451	following words and phrases when used in this chapter shall, for
1452	the purpose of this chapter, have the meanings respectively
1453	ascribed to them in this section, except in those instances
1454	where the context clearly indicates a different meaning:
1455	(10)  JUDGMENT.--Any judgment becomes which shall have
1456	become final by expiration without appeal of the time within
1457	which an appeal might have been perfected, or by final
1458	affirmation on appeal, rendered by a court of competent
1459	jurisdiction of any state or of the United States upon a cause
1460	of action arising out of the ownership, maintenance, or use of
1461	any motor vehicle for damages, including damages for care and
1462	loss of services because of bodily injury to or death of any
1463	person, or for damages because of injury to or destruction of
1464	property, including the loss of use thereof, or upon a cause of
1465	action on an agreement of settlement for such damage.
1466	Section 31.  Subsection (19) of section 501.976, Florida
1467	Statutes, is amended to read:
1468	501.976  Actionable, unfair, or deceptive acts or
1469	practices.--It is an unfair or deceptive act or practice,
1470	actionable under the Florida Deceptive and Unfair Trade
1471	Practices Act, for a dealer to:
1472	(19)  Fail to disclose damage to a new motor vehicle, as
1473	defined in s. 319.001(9)(8), of which the dealer had actual
1474	knowledge, if the dealer's actual cost of repairs exceeds the
1475	threshold amount, excluding replacement items.
1476
1477	In any civil litigation resulting from a violation of this
1478	section, when evaluating the reasonableness of an award of
1479	attorney's fees to a private person, the trial court shall
1480	consider the amount of actual damages in relation to the time
1481	spent.
1482	Section 32.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.