CS/HB 1111

1	A bill to be entitled
2	An act relating to the Department of Highway Safety and
3	Motor Vehicles; creating the "Highway Safety Act";
4	providing legislative intent relating to road rage and
5	aggressive careless driving; amending s. 316.003, F.S.;
6	defining the term "road rage"; amending s. 316.083, F.S.;
7	requiring an operator of a motor vehicle to yield the left
8	lane when being overtaken on a multilane highway;
9	providing exceptions; amending s. 316.1923, F.S.; revising
10	the number of specified acts necessary to qualify as an
11	aggressive careless driver; providing specified
12	punishments for aggressive careless driving; specifying
13	the allocation of moneys received from the increased fine
14	imposed for aggressive careless driving; amending s.
15	318.19, F.S.; providing that a second or subsequent
16	infraction as an aggressive careless driver requires
17	attendance at a mandatory hearing; requiring the
18	Department of Highway Safety and Motor Vehicles to provide
19	an educational awareness campaign; amending s. 316.0741,
20	F.S.; redefining the term "hybrid vehicle"; authorizing
21	the driving of a hybrid, low-emission, or energy-efficient
22	vehicle in a high-occupancy-vehicle lane regardless of
23	occupancy; authorizing the department to limit or
24	discontinue such driving under certain circumstances;
25	directing the Department of Transportation to review a
26	specified federal rule and make a report to the
27	Legislature; exempting certain vehicles from the payment
28	of certain tolls; amending s. 316.1575, F.S.; requiring a
29	person walking or driving a vehicle to stop at a railroad
30	crossing upon the signal of a law enforcement officer;
31	amending s. 316.1895, F.S.; requiring the placement of
32	signs in certain school zones stating that speeding fines
33	are doubled within the zone; amending s. 316.193, F.S.;
34	lowering the blood-alcohol or breath-alcohol level for
35	which enhanced penalties are imposed against a person
36	convicted of driving under the influence; amending s.
37	316.1937, F.S.; revising the conditions under which the
38	court may require the use of an ignition interlock device;
39	amending s. 316.251, F.S.; conforming a cross-reference;
40	amending s. 316.29545, F.S.; providing an additional
41	exemption from window sunscreening requirements for
42	certain investigative vehicles; amending s. 316.302, F.S.;
43	revising references to rules, regulations, and criteria
44	governing commercial motor vehicles engaged in intrastate
45	commerce; providing that the Department of Transportation
46	performs duties assigned to the Field Administrator of the
47	Federal Motor Carrier Safety Administration under the
48	federal rules and may enforce those rules; amending s.
49	316.3045, F.S.; providing enhanced penalties upon multiple
50	convictions for violating prohibitions against the use of
51	excessively loud soundmaking equipment in a motor vehicle;
52	amending s. 316.515, F.S.; revising restrictions on use of
53	certain agriculture-related vehicles; providing for
54	exemptions from width and height limitations for certain
55	farming or agricultural equipment; providing conditions
56	for use of such equipment; authorizing certain movements
57	without a Department of Transportation overwidth permit;
58	providing lighting requirements for certain overwidth
59	equipment; amending s. 316.613, F.S.; redefining the term
60	"motor vehicle" to exclude certain trucks from the
61	requirement to use a child restraint or safety belt;
62	amending s. 316.645, F.S.; authorizing a police officer to
63	make an arrest upon probable cause of a violation of laws
64	governing motor vehicle licenses; amending s. 316.650,
65	F.S.; revising requirements for traffic citation forms;
66	providing for the electronic transmission of citation
67	data; amending s. 316.656, F.S.; lowering the percentage
68	of blood or breath alcohol content relating to the
69	prohibition against pleading guilty to a lesser offense of
70	driving under the influence than the offense charged;
71	amending s. 319.001, F.S.; defining the term "certificate
72	of title" to include information stored electronically in
73	the department's database; amending s. 320.01, F.S.;
74	revising the definition of the term "motorcycle" to
75	exclude a vehicle in which the operator is enclosed by a
76	cabin; amending s. 320.02, F.S.; deleting the requirement
77	for a motorcycle endorsement at the time of original
78	registration of a motorcycle, motor-driven cycle, or
79	moped; repealing s. 320.02(13), F.S., relating to a motor
80	vehicle registration voluntary contribution for the
81	Election Campaign Financing Trust Fund; amending s.
82	320.0706, F.S.; providing that a violation of requirements
83	for displaying a truck license plate is a moving
84	violation; amending s. 320.0715, F.S.; requiring the
85	department to withhold issuing or to suspend a
86	registration and license plate for a commercial motor
87	vehicle if the federal identifying number is not provided
88	or if the motor carrier or vehicle owner has been
89	prohibited from operating; amending s. 320.08053, F.S.;
90	removing a requirement that the department create certain
91	specifications by rule for specialty license plates;
92	amending s. 320.0894, F.S.; providing for issuance of Gold
93	Star license plates to certain family members; amending s.
94	320.27, F.S.; revising types of liability insurance
95	required of certain motor vehicle dealers; conforming a
96	cross-reference; amending s. 320.69, F.S.; authorizing the
97	department to adopt rules; amending s. 322.01, F.S.;
98	defining the term "convenience service" for purposes of
99	transactions with the department; revising the definition
100	of the term "conviction" to provide for application to
101	offenses committed by a person holding a commercial
102	driver's license; revising the definition of the terms
103	"hazardous materials" and "out-of-service order"; amending
104	s. 322.03, F.S.; removing provisions for issuance of a
105	license valid in Florida only; prohibiting a person from
106	holding more than one driver's license; authorizing use of
107	such licenses until next renewal; amending s. 322.051,
108	F.S.; revising requirements for application for issuance
109	or renewal of an identification card; revising provisions
110	providing for the expiration of an identification card
111	issued by the department; amending s. 322.08, F.S.;
112	revising requirements for application for a driver's
113	license; removing a provision requiring the application
114	form to include language permitting a voluntary
115	contribution for the Election Campaign Financing Trust
116	Fund; amending s. 322.14, F.S.; revising provisions for
117	content of a driver's license; requiring the license to
118	contain the licensee's residence address; removing a
119	requirement that the license contain the licensee's
120	mailing address; amending s. 322.15, F.S.; authorizing a
121	law enforcement officer or authorized representative of
122	the department to collect a person's fingerprints
123	electronically; amending s. 322.17, F.S.; revising
124	provisions for replacement of an instruction permit or
125	driver license; removing fee amounts; requiring payment of
126	specified fee amounts; removing a provision for a change
127	of address sticker; conforming cross-references; amending
128	s. 322.18, F.S.; revising provisions providing for the
129	expiration and renewal of driver's licenses; providing for
130	the renewal of certain licenses every 8 years; conforming
131	cross-references; providing for the renewal of licenses
132	using a convenience service; requiring the department to
133	issue new licenses rather than extension stickers;
134	amending s. 322.19, F.S.; revising provisions for a
135	licensee changing address; removing a provision for the
136	licensee to request a change-of-address sticker;
137	conforming cross-references; amending s. 322.21, F.S.;
138	revising fees for issuance of original, renewal, and
139	replacement driver's licenses and identification cards;
140	revising fees for specified endorsements; providing for
141	distribution of revised fees; amending s. 322.2715, F.S.;
142	providing that the required installation period of an
143	ignition interlock device for certain DUI offenses be
144	continuous; amending s. 322.291, F.S.; providing
145	additional requirements for a third or subsequent
146	violation of requirements for installation of an ignition
147	interlock device; requiring treatment and extension of the
148	duration of the ignition interlock requirement; amending
149	s. 322.36, F.S.; requiring the suspension for a specified
150	period of the driver's license of a person who loans a
151	vehicle to a person whose driver's license is suspended if
152	that vehicle is involved in an accident resulting in
153	bodily injury or death; repealing s. 322.60, F.S.,
154	relating to the prohibition on commercial motor vehicle
155	drivers possessing more than one license; amending s.
156	322.61, F.S.; clarifying provisions disqualifying a person
157	from operating a commercial motor vehicle following
158	certain traffic violations; providing for permanent
159	disqualification following conviction of a felony
160	involving the manufacture, distribution, or dispensing of
161	a controlled substance; amending s. 322.64, F.S.;
162	providing that refusal to submit to a breath, urine, or
163	blood test disqualifies a person from operating a
164	commercial motor vehicle; providing a period of
165	disqualification if a person has an unlawful blood-alcohol
166	or breath-alcohol level; providing for issuance of a
167	notice of disqualification; revising the requirements for
168	a formal review hearing following a person's
169	disqualification from operating a commercial motor
170	vehicle; amending s. 324.021, F.S.; clarifying that a
171	judgment becomes final by expiration of the time for
172	appeal; amending s. 501.976, F.S.; conforming a cross-
173	reference; prohibiting the Department of Highway Safety
174	and Motor Vehicles from issuing any new specialty license
175	plates for a specified period; designating the Joseph P.
176	Bertrand Building in Lee County; providing effective
177	dates.
178
179	Be It Enacted by the Legislature of the State of Florida:
180
181	Section 1.  Sections 1-7 of this act may be cited as the
182	"Highway Safety Act."
183	Section 2.  The Legislature finds that road rage and
184	aggressive careless driving are a growing threat to the health,
185	safety, and welfare of the public. The intent of the Legislature
186	is to reduce road rage and aggressive careless driving, reduce
187	the incidence of drivers interfering with the movement of
188	traffic, minimize crashes, and promote the orderly, free flow of
189	traffic on the roads and highways of the state.
190	Section 3.  Subsection (86) is added to section 316.003,
191	Florida Statutes, to read:
192	316.003  Definitions.--The following words and phrases,
193	when used in this chapter, shall have the meanings respectively
194	ascribed to them in this section, except where the context
195	otherwise requires:
196	(86)  ROAD RAGE.--The act of a driver or passenger to
197	intentionally injure or kill another driver, passenger, or
198	pedestrian, or to attempt or threaten to injure or kill another
199	driver, passenger, or pedestrian.
200	Section 4.  Present subsection (3) of section 316.083,
201	Florida Statutes, is redesignated as subsection (4), and a new
202	subsection (3) is added to that section, to read:
203	316.083  Overtaking and passing a vehicle.--The following
204	rules shall govern the overtaking and passing of vehicles
205	proceeding in the same direction, subject to those limitations,
206	exceptions, and special rules hereinafter stated:
207	(3)(a)  On roads, streets, or highways having two or more
208	lanes that allow movement in the same direction, a driver may
209	not continue to operate a motor vehicle in the furthermost left-
210	hand lane if the driver knows, or reasonably should know, that
211	he or she is being overtaken in that lane from the rear by a
212	motor vehicle traveling at a higher rate of speed.
213	(b)  Paragraph (a) does not apply to a driver operating a
214	motor vehicle in the furthermost left-hand lane if:
215	1.  The driver is driving the legal speed limit and is not
216	impeding the flow of traffic in the furthermost left-hand lane;
217	2.  The driver is in the process of overtaking a slower
218	motor vehicle in the adjacent right-hand lane for the purpose of
219	passing the slower moving vehicle so that the driver may move to
220	the adjacent right-hand lane;
221	3.  Conditions make the flow of traffic substantially the
222	same in all lanes or preclude the driver from moving to the
223	adjacent right-hand lane;
224	4.  The driver's movement to the adjacent right-hand lane
225	could endanger the driver or other drivers;
226	5.  The driver is directed by a law enforcement officer,
227	road sign, or road crew to remain in the furthermost left-hand
228	lane; or
229	6.  The driver is preparing to make a left turn.
230	Section 5.  Section 316.1923, Florida Statutes, is amended
231	to read:
232	316.1923  Aggressive careless driving.--
233	(1)  "Aggressive careless driving" means committing three
234	two or more of the following acts simultaneously or in
235	succession:
236	(a)(1)  Exceeding the posted speed as defined in s.
237	322.27(3)(d)5.b.
238	(b)(2)  Unsafely or improperly changing lanes as defined in
239	s. 316.085.
240	(c)(3)  Following another vehicle too closely as defined in
241	s. 316.0895(1).
242	(d)(4)  Failing to yield the right-of-way as defined in s.
243	316.079, s. 316.0815, or s. 316.123.
244	(e)(5)  Improperly passing or failing to yield to
245	overtaking vehicles as defined in s. 316.083, s. 316.084, or s.
246	316.085.
247	(f)(6)  Violating traffic control and signal devices as
248	defined in ss. 316.074 and 316.075.
249	(2)  Any person convicted of aggressive careless driving
250	shall be cited for a moving violation and punished as provided
251	in chapter 318, and by the accumulation of points as provided in
252	s. 322.27, for each act of aggressive careless driving.
253	(3)  In addition to any fine or points administered under
254	subsection (2), a person convicted of aggressive careless
255	driving shall also pay:
256	(a)  Upon a first conviction, a fine of $100.
257	(b)  Upon a second or subsequent conviction, a fine of not
258	less than $250 but not more than $500 and be subject to a
259	mandatory hearing under s. 318.19.
260	(4)  Moneys received from the increased fine imposed by
261	subsection (3) shall be remitted to the Department of Revenue
262	and deposited into the Department of Health Administrative Trust
263	Fund to provide financial support to verified trauma centers to
264	ensure the availability and accessibility of trauma services
265	throughout the state. Funds deposited into the Administrative
266	Trust Fund under this section shall be allocated as follows:
267	(a)  Twenty-five percent shall be allocated equally among
268	all Level I, Level II, and pediatric trauma centers in
269	recognition of readiness costs for maintaining trauma services.
270	(b)  Twenty-five percent shall be allocated among Level I,
271	Level II, and pediatric trauma centers based on each center's
272	relative volume of trauma cases as reported in the Department of
273	Health Trauma Registry.
274	(c)  Twenty-five percent shall be allocated for emergency
275	medical services.
276	(d)  Twenty-five percent shall be allocated for rural
277	emergency medical services.
278	Section 6.  Section 318.19, Florida Statutes, is amended to
279	read:
280	318.19  Infractions requiring a mandatory hearing.--Any
281	person cited for the infractions listed in this section shall
282	not have the provisions of s. 318.14(2), (4), and (9) available
283	to him or her but must appear before the designated official at
284	the time and location of the scheduled hearing:
285	(1)  Any infraction which results in a crash that causes
286	the death of another;
287	(2)  Any infraction which results in a crash that causes
288	"serious bodily injury" of another as defined in s. 316.1933(1);
289	(3)  Any infraction of s. 316.172(1)(b);
290	(4)  Any infraction of s. 316.520(1) or (2); or
291	(5)  Any infraction of s. 316.183(2), s. 316.187, or s.
292	316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
293	(6)  A second or subsequent infraction of s. 316.1923(1).
294	Section 7.  The Department of Highway Safety and Motor
295	Vehicles shall provide an educational awareness campaign
296	informing the motoring public about the Highway Safety Act. The
297	department shall provide information about the act in all newly
298	printed driver's license educational materials after October 1,
299	2008, and in public service announcements produced in
300	cooperation with the Florida Highway Patrol.
301	Section 8.  Section 316.0741, Florida Statutes, is amended
302	to read:
303	316.0741  High-occupancy-vehicle High occupancy vehicle
304	lanes.--
305	(1)  As used in this section, the term:
306	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
307	or "HOV lane" means a lane of a public roadway designated for
308	use by vehicles in which there is more than one occupant unless
309	otherwise authorized by federal law.
310	(b)  "Hybrid vehicle" means a motor vehicle:
311	1.  That draws propulsion energy from onboard sources of
312	stored energy which are both an internal combustion or heat
313	engine using combustible fuel and a rechargeable energy-storage
314	system; and
315	2.  That, in the case of a passenger automobile or light
316	truck, has received a certificate of conformity under the Clean
317	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
318	equivalent qualifying California standards for a low-emission
319	vehicle.
320	(2)  The number of persons that must be in a vehicle to
321	qualify for legal use of the HOV lane and the hours during which
322	the lane will serve as an HOV lane, if it is not designated as
323	such on a full-time basis, must also be indicated on a traffic
324	control device.
325	(3)  Except as provided in subsection (4), a vehicle may
326	not be driven in an HOV lane if the vehicle is occupied by fewer
327	than the number of occupants indicated by a traffic control
328	device. A driver who violates this section shall be cited for a
329	moving violation, punishable as provided in chapter 318.
330	(4)(a)  Notwithstanding any other provision of this
331	section, an inherently low-emission vehicle (ILEV) that is
332	certified and labeled in accordance with federal regulations may
333	be driven in an HOV lane at any time, regardless of its
334	occupancy. In addition, upon the state's receipt of written
335	notice from the proper federal regulatory agency authorizing
336	such use, a vehicle defined as a hybrid vehicle under this
337	section may be driven in an HOV lane at any time, regardless of
338	its occupancy.
339	(b)  All eligible hybrid and all eligible other low-
340	emission and energy-efficient vehicles driven in an HOV lane
341	must comply with the minimum fuel economy standards in 23 U.S.C.
342	s. 166(f)(3)(B).
343	(c)  Upon issuance of the applicable United States
344	Environmental Protection Agency final rule pursuant to 23 U.S.C.
345	s. 166(e), relating to the eligibility of hybrid and other low-
346	emission and energy-efficient vehicles for operation in an HOV
347	lane, regardless of occupancy, the Department of Transportation
348	shall review the rule and recommend to the Legislature any
349	statutory changes necessary for compliance with the federal
350	rule. The department shall provide its recommendations no later
351	than 30 days following issuance of the final rule.
352	(5)  The department shall issue a decal and registration
353	certificate, to be renewed annually, reflecting the HOV lane
354	designation on such vehicles meeting the criteria in subsection
355	(4) authorizing driving in an HOV lane at any time such use. The
356	department may charge a fee for a decal, not to exceed the costs
357	of designing, producing, and distributing each decal, or $5,
358	whichever is less. The proceeds from sale of the decals shall be
359	deposited in the Highway Safety Operating Trust Fund. The
360	department may, for reasons of operation and management of HOV
361	facilities, limit or discontinue issuance of decals for the use
362	of HOV facilities by hybrid and low-emission and energy-
363	efficient vehicles, regardless of occupancy, if it has been
364	determined by the Department of Transportation that the
365	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
366	(6)  Vehicles having decals by virtue of compliance with
367	the minimum fuel economy standards under 23 U.S.C. s.
368	166(f)(3)(B), and which are registered for use in high-occupancy
369	toll lanes or express lanes in accordance with Department of
370	Transportation rule, shall be allowed to use any HOV lanes
371	redesignated as high-occupancy toll lanes or express lanes
372	without payment of a toll.
373	(5)  As used in this section, the term "hybrid vehicle"
374	means a motor vehicle:
375	(a)  That draws propulsion energy from onboard sources of
376	stored energy which are both:
377	1.  An internal combustion or heat engine using combustible
378	fuel; and
379	2.  A rechargeable energy storage system; and
380	(b)  That, in the case of a passenger automobile or light
381	truck:
382	1.  Has received a certificate of conformity under the
383	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
384	2.  Meets or exceeds the equivalent qualifying California
385	standards for a low-emission vehicle.
386	(7)(6)  The department may adopt rules necessary to
387	administer this section.
388	Section 9.  Paragraph (b) of subsection (1) of section
389	316.1575, Florida Statutes, is amended to read:
390	316.1575  Obedience to traffic control devices at railroad-
391	highway grade crossings.--
392	(1)  Any person walking or driving a vehicle and
393	approaching a railroad-highway grade crossing under any of the
394	circumstances stated in this section shall stop within 50 feet
395	but not less than 15 feet from the nearest rail of such railroad
396	and shall not proceed until he or she can do so safely. The
397	foregoing requirements apply when:
398	(b)  A crossing gate is lowered or a law enforcement
399	officer or a human flagger gives or continues to give a signal
400	of the approach or passage of a railroad train;
401	Section 10.  Effective July 1, 2008, subsection (6) of
402	section 316.1895, Florida Statutes, is amended to read:
403	316.1895  Establishment of school speed zones, enforcement;
404	designation.--
405	(6)  Permanent signs designating school zones and school
406	zone speed limits shall be uniform in size and color, and shall
407	have the times during which the restrictive speed limit is
408	enforced clearly designated thereon. Flashing beacons activated
409	by a time clock, or other automatic device, or manually
410	activated may be used as an alternative to posting the times
411	during which the restrictive school speed limit is enforced.
412	Beginning July 1, 2008, for any newly established school zone or
413	any school zone in which the signing has been replaced, a sign
414	stating "Speeding Fines Doubled" shall be installed within the
415	school zone. The Department of Transportation shall establish
416	adequate standards for the signs and flashing beacons.
417	Section 11.  Subsection (4) of section 316.193, Florida
418	Statutes, is amended to read:
419	316.193  Driving under the influence; penalties.--
420	(4)  Any person who is convicted of a violation of
421	subsection (1) and who has a blood-alcohol level or breath-
422	alcohol level of 0.15 0.20 or higher, or any person who is
423	convicted of a violation of subsection (1) and who at the time
424	of the offense was accompanied in the vehicle by a person under
425	the age of 18 years, shall be punished:
426	(a)  By a fine of:
427	1.  Not less than $500 or more than $1,000 for a first
428	conviction.
429	2.  Not less than $1,000 or more than $2,000 for a second
430	conviction.
431	3.  Not less than $2,000 for a third or subsequent
432	conviction.
433	(b)  By imprisonment for:
434	1.  Not more than 9 months for a first conviction.
435	2.  Not more than 12 months for a second conviction.
436
437	For the purposes of this subsection, only the instant offense is
438	required to be a violation of subsection (1) by a person who has
439	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
440	higher.
441	(c)  In addition to the penalties in paragraphs (a) and
442	(b), the court shall order the mandatory placement, at the
443	convicted person's sole expense, of an ignition interlock device
444	approved by the department in accordance with s. 316.1938 upon
445	all vehicles that are individually or jointly leased or owned
446	and routinely operated by the convicted person for up to 6
447	months for the first offense and for at least 2 years for a
448	second offense, when the convicted person qualifies for a
449	permanent or restricted license. The installation of such device
450	may not occur before July 1, 2003.
451	Section 12.  Subsection (1) of section 316.1937, Florida
452	Statutes, is amended to read:
453	316.1937  Ignition interlock devices, requiring; unlawful
454	acts.--
455	(1)  In addition to any other authorized penalties, the
456	court may require that any person who is convicted of driving
457	under the influence in violation of s. 316.193 shall not operate
458	a motor vehicle unless that vehicle is equipped with a
459	functioning ignition interlock device certified by the
460	department as provided in s. 316.1938, and installed in such a
461	manner that the vehicle will not start if the operator's blood
462	alcohol level is in excess of 0.05 percent or as otherwise
463	specified by the court. The court may require the use of an
464	approved ignition interlock device for a period of not less than
465	6 continuous months, if the person is permitted to operate a
466	motor vehicle, whether or not the privilege to operate a motor
467	vehicle is restricted, as determined by the court. The court,
468	however, shall order placement of an ignition interlock device
469	in those circumstances required by s. 316.193.
470	Section 13.  Subsection (2) of section 316.251, Florida
471	Statutes, is amended to read:
472	316.251  Maximum bumper heights.--
473	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
474	"antique automobiles" as defined in s. 320.08, "horseless
475	carriages" as defined in s. 320.086, and "street rods" as
476	defined in s. 320.0863 shall be excluded from the requirements
477	of this section.
478	Section 14.  Section 316.29545, Florida Statutes, is
479	amended to read:
480	316.29545  Window sunscreening exclusions; medical
481	exemption; certain law enforcement vehicles exempt; certain
482	investigative vehicles exempt.--
483	(1)  The department shall issue medical exemption
484	certificates to persons who are afflicted with Lupus or similar
485	medical conditions which require a limited exposure to light,
486	which certificates shall entitle the person to whom the
487	certificate is issued to have sunscreening material on the
488	windshield, side windows, and windows behind the driver which is
489	in violation of the requirements of ss. 316.2951-316.2957. The
490	department shall provide, by rule, for the form of the medical
491	certificate authorized by this section. At a minimum, the
492	medical exemption certificate shall include a vehicle
493	description with the make, model, year, vehicle identification
494	number, medical exemption decal number issued for the vehicle,
495	and the name of the person or persons who are the registered
496	owners of the vehicle. A medical exemption certificate shall be
497	nontransferable and shall become null and void upon the sale or
498	transfer of the vehicle identified on the certificate.
499	(2)(a)  The department shall exempt all law enforcement
500	vehicles used in undercover or canine operations from the window
501	sunscreening requirements of ss. 316.2951-316.2957.
502	(b)  The department shall exempt from the sunscreening
503	requirements of ss. 316.2953-316.2954 and 316.2956 all vehicles
504	owned or leased by investigative agencies licensed pursuant to
505	chapter 493 and used in homeland security functions on behalf of
506	federal, state, or local authorities, executive protection
507	activities, undercover, covert, or surveillance operations in
508	cases involving child abductions, convicted sex offenders,
509	insurance fraud, missing persons or property, or in other
510	activities in which evidence is being obtained for civil or
511	criminal proceedings.
512	(3)  The department may charge a fee in an amount
513	sufficient to defray the expenses of issuing a medical exemption
514	certificate as described in subsection (1).
515	Section 15.  Paragraph (b) of subsection (1) and
516	subsections (6) and (8) of section 316.302, Florida Statutes,
517	are amended to read:
518	316.302  Commercial motor vehicles; safety regulations;
519	transporters and shippers of hazardous materials; enforcement.--
520	(1)
521	(b)  Except as otherwise provided in this section, all
522	owners or drivers of commercial motor vehicles that are engaged
523	in intrastate commerce are subject to the rules and regulations
524	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
525	exception of 49 C.F.R. s. 390.5 as it relates to the definition
526	of bus, as such rules and regulations existed on October 1, 2007
527	2005.
528	(6)  The state Department of Transportation shall perform
529	the duties that are assigned to the Field Administrator, Federal
530	Motor Carrier Safety Administration Regional Federal Highway
531	Administrator under the federal rules, and an agent of that
532	department, as described in s. 316.545(9), may enforce those
533	rules.
534	(8)  For the purpose of enforcing this section, any law
535	enforcement officer of the Department of Transportation or duly
536	appointed agent who holds a current safety inspector
537	certification from the Commercial Vehicle Safety Alliance may
538	require the driver of any commercial vehicle operated on the
539	highways of this state to stop and submit to an inspection of
540	the vehicle or the driver's records. If the vehicle or driver is
541	found to be operating in an unsafe condition, or if any required
542	part or equipment is not present or is not in proper repair or
543	adjustment, and the continued operation would present an unduly
544	hazardous operating condition, the officer may require the
545	vehicle or the driver to be removed from service pursuant to the
546	North American Standard Uniform Out-of-Service Criteria, until
547	corrected. However, if continuous operation would not present an
548	unduly hazardous operating condition, the officer may give
549	written notice requiring correction of the condition within 14
550	days.
551	(a)  Any member of the Florida Highway Patrol or any law
552	enforcement officer employed by a sheriff's office or municipal
553	police department authorized to enforce the traffic laws of this
554	state pursuant to s. 316.640 who has reason to believe that a
555	vehicle or driver is operating in an unsafe condition may, as
556	provided in subsection (10), enforce the provisions of this
557	section.
558	(b)  Any person who fails to comply with an officer's
559	request to submit to an inspection under this subsection commits
560	a violation of s. 843.02 if the person resists the officer
561	without violence or a violation of s. 843.01 if the person
562	resists the officer with violence.
563	Section 16.  Section 316.3045, Florida Statutes, is amended
564	to read:
565	316.3045  Operation of radios or other mechanical
566	soundmaking devices or instruments in vehicles; exemptions.--
567	(1)  It is unlawful for any person operating or occupying a
568	motor vehicle on a street or highway to operate or amplify the
569	sound produced by a radio, tape player, or other mechanical
570	soundmaking device or instrument from within the motor vehicle
571	so that the sound is:
572	(a)  Plainly audible at a distance of 25 feet or more from
573	the motor vehicle; or
574	(b)  Louder than necessary for the convenient hearing by
575	persons inside the vehicle in areas adjoining churches, schools,
576	or hospitals.
577	(2)  The provisions of this section do shall not apply to
578	any law enforcement motor vehicle equipped with any
579	communication device necessary in the performance of law
580	enforcement duties or to any emergency vehicle equipped with any
581	communication device necessary in the performance of any
582	emergency procedures.
583	(3)  The provisions of this section do not apply to motor
584	vehicles used for business or political purposes, which in the
585	normal course of conducting such business use soundmaking
586	devices. The provisions of this subsection shall not be deemed
587	to prevent local authorities, with respect to streets and
588	highways under their jurisdiction and within the reasonable
589	exercise of the police power, from regulating the time and
590	manner in which such business may be operated.
591	(4)  The provisions of this section do not apply to the
592	noise made by a horn or other warning device required or
593	permitted by s. 316.271. The Department of Highway Safety and
594	Motor Vehicles shall adopt promulgate rules defining "plainly
595	audible" and establish standards regarding how sound should be
596	measured by law enforcement personnel who enforce the provisions
597	of this section.
598	(5)  A violation of this section is a noncriminal traffic
599	infraction, punishable as a nonmoving violation as provided in
600	chapter 318.
601	(6)  In addition to any fine administered under subsection
602	(5), a person convicted of a violation of this section shall
603	also pay, upon the 10th or subsequent conviction, a fine of not
604	less than $250 but not more than $500.
605	Section 17.  Subsection (5) of section 316.515, Florida
606	Statutes, is amended to read:
607	316.515  Maximum width, height, length.--
608	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
609	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
610	REQUIREMENTS.--
611	(a)  Notwithstanding any other provisions of law, straight
612	trucks, agricultural tractors, and cotton module movers, not
613	exceeding 50 feet in length, or any combination of up to and
614	including three implements of husbandry, including the towing
615	power unit, and any single agricultural trailer with a load
616	thereon or any agricultural implements attached to a towing
617	power unit not exceeding 130 inches in width, or a self-
618	propelled agricultural implement or an agricultural tractor not
619	exceeding 130 inches in width, is authorized for the purpose of
620	transporting peanuts, grains, soybeans, cotton, hay, straw, or
621	other perishable farm products from their point of production to
622	the first point of change of custody or of long-term storage,
623	and for the purpose of returning to such point of production, or
624	for the purpose of moving such tractors, movers, and implements
625	from one point of agricultural production to another, by a
626	person engaged in the production of any such product or custom
627	hauler, if such vehicle or combination of vehicles otherwise
628	complies with this section. The Department of Transportation may
629	issue overwidth permits for implements of husbandry greater than
630	130 inches, but not more than 170 inches, in width. The
631	Department of Transportation may issue overlength permits for
632	cotton module movers greater than 50 feet but not more than 55
633	feet in overall length. Such vehicles shall be operated in
634	accordance with all safety requirements prescribed by law and
635	rules of the Department of Transportation.
636	(b)  Notwithstanding any other provision of law, equipment
637	not exceeding 136 inches in width and not capable of speeds
638	exceeding 20 miles per hour which is used exclusively for
639	harvesting forestry products is authorized for the purpose of
640	transporting equipment from one point of harvest to another
641	point of harvest, not to exceed 10 miles, by a person engaged in
642	the harvesting of forestry products. Such vehicles must be
643	operated during daylight hours only, in accordance with all
644	safety requirements prescribed by s. 316.2295(5) and (6).
645	(c)  The width and height limitations of this section shall
646	not apply to farming or agricultural equipment, whether self-
647	propelled, pulled, or hauled, when temporarily operated during
648	daylight hours upon a public road which is not a limited access
649	facility as defined in s. 334.03(13), and the width and height
650	limitations may be exceeded by such equipment without a permit.
651	To be eligible for this exemption, the equipment shall be
652	operated within a radius of 50 miles of the real property owned,
653	rented, or leased by the equipment owner. However, equipment
654	being delivered by a dealer to a purchaser shall not be subject
655	to the 50-mile limitation. Farming or agricultural equipment
656	greater that 174 inches in width is required to have one warning
657	lamp mounted on each side of the equipment to denote the width
658	and a slow moving vehicle sign. Warning lamps required by this
659	paragraph are required to be visible from the front and rear of
660	the vehicle and must be visible from a distance of 1,000 feet.
661	(d)  The operator of equipment operated under this
662	subsection is responsible for verifying that the route used has
663	adequate clearance for the equipment.
664	Section 18.  Subsection (2) of section 316.613, Florida
665	Statutes, is amended to read:
666	316.613  Child restraint requirements.--
667	(2)  As used in this section, the term "motor vehicle"
668	means a motor vehicle as defined in s. 316.003 that is operated
669	on the roadways, streets, and highways of the state. The term
670	does not include:
671	(a)  A school bus as defined in s. 316.003(45).
672	(b)  A bus used for the transportation of persons for
673	compensation, other than a bus regularly used to transport
674	children to or from school, as defined in s. 316.615(1) (b), or
675	in conjunction with school activities.
676	(c)  A farm tractor or implement of husbandry.
677	(d)  A truck having a gross vehicle weight rating of more
678	than 26,000 of net weight of more than 5,000 pounds.
679	(e)  A motorcycle, moped, or bicycle.
680	Section 19.  Section 316.645, Florida Statutes, is amended
681	to read:
682	316.645  Arrest authority of officer at scene of a traffic
683	crash.--A police officer who makes an investigation at the scene
684	of a traffic crash may arrest any driver of a vehicle involved
685	in the crash when, based upon personal investigation, the
686	officer has reasonable and probable grounds to believe that the
687	person has committed any offense under the provisions of this
688	chapter, chapter 320, or chapter 322 in connection with the
689	crash.
690	Section 20.  Subsections (1), (3), (4), (5), (6), and (7)
691	of section 316.650, Florida Statutes, are amended to read:
692	316.650  Traffic citations.--
693	(1)(a)  The department shall prepare, and supply to every
694	traffic enforcement agency in this state, an appropriate form
695	traffic citation that contains containing a notice to appear, is
696	(which shall be issued in prenumbered books, meets with
697	citations in quintuplicate) and meeting the requirements of this
698	chapter or any laws of this state regulating traffic, and is
699	which form shall be consistent with the state traffic court
700	rules and the procedures established by the department. The form
701	shall include a box that which is to be checked by the law
702	enforcement officer when the officer believes that the traffic
703	violation or crash was due to aggressive careless driving as
704	defined in s. 316.1923. The form shall also include a box that
705	which is to be checked by the law enforcement officer when the
706	officer writes a uniform traffic citation for a violation of s.
707	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
708	failing to stop at a traffic signal.
709	(b)  The department shall prepare, and supply to every
710	traffic enforcement agency in the state, an appropriate
711	affidavit-of-compliance form that which shall be issued along
712	with the form traffic citation for any violation of s. 316.610
713	and that indicates which shall indicate the specific defect
714	needing which needs to be corrected. However, such affidavit of
715	compliance shall not be issued in the case of a violation of s.
716	316.610 by a commercial motor vehicle as defined in s.
717	316.003(66). Such affidavit-of-compliance form shall be
718	distributed in the same manner and to the same parties as is the
719	form traffic citation.
720	(c)  Notwithstanding paragraphs (a) and (b), a traffic
721	enforcement agency may produce uniform traffic citations by
722	electronic means. Such citations must be consistent with the
723	state traffic court rules and the procedures established by the
724	department and; must be appropriately numbered and inventoried;
725	and may have fewer copies than the quintuplicate form.
726	Affidavit-of-compliance forms may also be produced by electronic
727	means.
728	(d)  The department must distribute to every traffic
729	enforcement agency and to any others who request it, a traffic
730	infraction reference guide describing the class of the traffic
731	infraction, the penalty for the infraction, the points to be
732	assessed on a driver's record license, and any other information
733	necessary to describe a violation and the penalties therefor.
734	(3)(a)  Except for a traffic citation issued pursuant to s.
735	316.1001, each traffic enforcement officer, upon issuing a
736	traffic citation to an alleged violator of any provision of the
737	motor vehicle laws of this state or of any traffic ordinance of
738	any municipality city or town, shall deposit the original and
739	one copy of such traffic citation or, in the case of a traffic
740	enforcement agency that which has an automated citation issuance
741	system, the chief administrative officer shall provide by an
742	electronic transmission a replica of the citation data to
743	facsimile with a court having jurisdiction over the alleged
744	offense or with its traffic violations bureau within 5 days
745	after issuance to the violator.
746	(b)  If a traffic citation is issued pursuant to s.
747	316.1001, a traffic enforcement officer may deposit the original
748	and one copy of such traffic citation or, in the case of a
749	traffic enforcement agency that has an automated citation
750	system, may provide by an electronic transmission a replica of
751	the citation data to facsimile with a court having jurisdiction
752	over the alleged offense or with its traffic violations bureau
753	within 45 days after the date of issuance of the citation to the
754	violator. If the person cited for the violation of s. 316.1001
755	makes the election provided by s. 318.14(12) and pays the $25
756	fine, or such other amount as imposed by the governmental entity
757	owning the applicable toll facility, plus the amount of the
758	unpaid toll that is shown on the traffic citation directly to
759	the governmental entity that issued the citation, or on whose
760	behalf the citation was issued, in accordance with s.
761	318.14(12), the traffic citation will not be submitted to the
762	court, the disposition will be reported to the department by the
763	governmental entity that issued the citation, or on whose behalf
764	the citation was issued, and no points will be assessed against
765	the person's driver's license.
766	(4)  The chief administrative officer of every traffic
767	enforcement agency shall require the return to him or her of the
768	officer-agency department record copy of every traffic citation
769	issued by an officer under the chief administrative officer's
770	supervision to an alleged violator of any traffic law or
771	ordinance and of all copies of every traffic citation that which
772	has been spoiled or upon which any entry has been made and not
773	issued to an alleged violator. In the case of a traffic
774	enforcement agency that which has an automated citation issuance
775	system, the chief administrative officer shall require the
776	return of all electronic traffic citation records.
777	(5)  Upon the deposit of the original and one copy of such
778	traffic citation or upon deposit of an electronic transmission
779	of a replica of citation data facsimile of the traffic citation
780	with respect to traffic enforcement agencies that which have an
781	automated citation issuance system with a court having
782	jurisdiction over the alleged offense or with its traffic
783	violations bureau as aforesaid, the original citation, the
784	electronic citation containing a replica of citation data
785	facsimile, or a copy of such traffic citation may be disposed of
786	only by trial in the court or other official action by a judge
787	of the court, including forfeiture of the bail, or by the
788	deposit of sufficient bail with, or payment of a fine to, the
789	traffic violations bureau by the person to whom such traffic
790	citation has been issued by the traffic enforcement officer.
791	(6)  The chief administrative officer shall transmit, on a
792	form approved by the department, the department record copy of
793	the uniform traffic citation to the department within 5 days
794	after submission of the original, groups of issued citations and
795	one copy to the court, or citation and transmittal data to the
796	court. Batches of electronic citations containing a replica of
797	citation data may be transmitted to the court department in an
798	electronic automated fashion, in a format form prescribed by the
799	department within 5 days after issuance to the violator. A copy
800	of such transmittal shall also be provided to the court having
801	jurisdiction for accountability purposes.
802	(7)  The chief administrative officer shall also maintain
803	or cause to be maintained in connection with every traffic
804	citation issued by an officer under his or her supervision a
805	record of the disposition of the charge by the court or its
806	traffic violations bureau in which the original or copy of the
807	traffic citation or electronic citation was deposited.
808	Section 21.  Paragraph (a) of subsection (2) of section
809	316.656, Florida Statutes, is amended to read:
810	316.656  Mandatory adjudication; prohibition against
811	accepting plea to lesser included offense.--
812	(2)(a)  No trial judge may accept a plea of guilty to a
813	lesser offense from a person charged under the provisions of
814	this act who has been given a breath or blood test to determine
815	blood or breath alcohol content, the results of which show a
816	blood or breath alcohol content by weight of 0.15 0.20 percent
817	or more.
818	Section 22.  Subsections (1) through (11) of section
819	319.001, Florida Statutes, are renumbered as subsections (2)
820	through (12), respectively, and a new subsection (1) is added to
821	that section to read:
822	319.001  Definitions.--As used in this chapter, the term:
823	(1)  "Certificate of title" means the record that is
824	evidence of ownership of a vehicle, whether a paper certificate
825	authorized by the department or a certificate consisting of
826	information that is stored in an electronic form in the
827	department's database.
828	Section 23.  Subsection (27) of section 320.01, Florida
829	Statutes, is amended to read:
830	320.01  Definitions, general.--As used in the Florida
831	Statutes, except as otherwise provided, the term:
832	(27)  "Motorcycle" means any motor vehicle having a seat or
833	saddle for the use of the rider and designed to travel on not
834	more than three wheels in contact with the ground, but excluding
835	a tractor, or a moped, or a vehicle in which the operator is
836	enclosed by a cabin.
837	Section 24.  Effective July 1, 2008, subsection (1) of
838	section 320.02, Florida Statutes, as amended by section 28 of
839	chapter 2006-290, Laws of Florida, is amended to read:
840	320.02  Registration required; application for
841	registration; forms.--
842	(1)  Except as otherwise provided in this chapter, every
843	owner or person in charge of a motor vehicle that is operated or
844	driven on the roads of this state shall register the vehicle in
845	this state. The owner or person in charge shall apply to the
846	department or to its authorized agent for registration of each
847	such vehicle on a form prescribed by the department. Prior to
848	the original registration of a motorcycle, motor-driven cycle,
849	or moped, the owner, if a natural person, must present proof
850	that he or she has a valid motorcycle endorsement as required in
851	chapter 322. A registration is not required for any motor
852	vehicle that is not operated on the roads of this state during
853	the registration period.
854	Section 25.  Subsection (13) of section 320.02, Florida
855	Statutes, is repealed.
856	Section 26.  Section 320.0706, Florida Statutes, is amended
857	to read:
858	320.0706  Display of license plates on trucks.--The owner
859	of any commercial truck of gross vehicle weight of 26,001 pounds
860	or more shall display the registration license plate on both the
861	front and rear of the truck in conformance with all the
862	requirements of s. 316.605 that do not conflict with this
863	section. The owner of a dump truck may place the rear license
864	plate on the gate no higher than 60 inches to allow for better
865	visibility. However, the owner of a truck tractor shall be
866	required to display the registration license plate only on the
867	front of such vehicle. A violation of this section is a
868	noncriminal traffic infraction, punishable as a moving violation
869	as provided in chapter 318.
870	Section 27.  Subsection (4) of section 320.0715, Florida
871	Statutes, is amended to read:
872	320.0715  International Registration Plan; motor carrier
873	services; permits; retention of records.--
874	(4)  Each motor carrier registered under the International
875	Registration Plan shall maintain and keep, for a period of 4
876	years, pertinent records and papers as may be required by the
877	department for the reasonable administration of this chapter.
878	(a)  The department shall withhold registrations and
879	license plates for commercial motor vehicles unless the
880	identifying number issued by the federal agency responsible for
881	motor carrier safety is provided for the motor carrier and the
882	entity responsible for motor carrier safety for each motor
883	vehicle as part of the application process.
884	(b)  The department may not issue a commercial motor
885	vehicle registration or license plate to, and may not transfer
886	the commercial motor vehicle registration or license plate for,
887	a motor carrier or vehicle owner who has been prohibited from
888	operating by a federal or state agency responsible for motor
889	carrier safety.
890	(c)  The department, with notice, shall suspend any
891	commercial motor vehicle registration and license plate issued
892	to a motor carrier or vehicle owner who has been prohibited from
893	operating by a federal or state agency responsible for motor
894	carrier safety.
895	Section 28.  Subsection (3) of section 320.08053, Florida
896	Statutes, is amended to read:
897	320.08053  Requirements for requests to establish specialty
898	license plates.--
899	(3)  The department shall adopt rules providing viewpoint-
900	neutral specifications for the design of specialty license
901	plates that promote or enhance the readability of all specialty
902	license plates and that discourage counterfeiting. The rules
903	shall provide uniform specifications requiring inclusion of the
904	word "Florida" in the same location on each specialty license
905	plate, in such a size and location that is clearly identifiable
906	on the specialty license plate when mounted on a vehicle, and
907	shall provide specifications for the size and location of any
908	words or logos appearing on a specialty license plate.
909	Section 29.  Paragraph (a) of subsection (4) of section
910	320.0894, Florida Statutes, is amended to read:
911	320.0894  Motor vehicle license plates to Gold Star family
912	members.--The department shall develop a special license plate
913	honoring the family members of servicemembers who have been
914	killed while serving in the Armed Forces of the United States.
915	The license plate shall be officially designated as the Gold
916	Star license plate and shall be developed and issued as provided
917	in this section.
918	(4)(a)1.a.  The Gold Star license plate shall be issued
919	only to family members of a servicemember who resided in Florida
920	at the time of the death of the servicemember.
921	b.  Any family member, as defined in subparagraph 2., of a
922	servicemember killed while serving may be issued a Gold Star
923	license plate upon payment of the license tax and appropriate
924	fees as provided in paragraph (3)(a) without regard to the state
925	of residence of the servicemember.
926	2.  To qualify for issuance of a Gold Star license plate,
927	the applicant must be directly related to a fallen servicemember
928	as spouse, legal mother or father, or stepparent who is
929	currently married to the mother or father of the fallen
930	servicemember.
931	3.  A servicemember is deemed to have been killed while in
932	service as listed by the United States Department of Defense and
933	may be verified from documentation directly from the Department
934	of Defense or from its subordinate agencies, such as the Coast
935	Guard, Reserve, or National Guard.
936	Section 30.  Subsection (3) and paragraph (b) of subsection
937	(9) of section 320.27, Florida Statutes, are amended to read:
938	320.27  Motor vehicle dealers.--
939	(3)  APPLICATION AND FEE.--The application for the license
940	shall be in such form as may be prescribed by the department and
941	shall be subject to such rules with respect thereto as may be so
942	prescribed by it. Such application shall be verified by oath or
943	affirmation and shall contain a full statement of the name and
944	birth date of the person or persons applying therefor; the name
945	of the firm or copartnership, with the names and places of
946	residence of all members thereof, if such applicant is a firm or
947	copartnership; the names and places of residence of the
948	principal officers, if the applicant is a body corporate or
949	other artificial body; the name of the state under whose laws
950	the corporation is organized; the present and former place or
951	places of residence of the applicant; and prior business in
952	which the applicant has been engaged and the location thereof.
953	Such application shall describe the exact location of the place
954	of business and shall state whether the place of business is
955	owned by the applicant and when acquired, or, if leased, a true
956	copy of the lease shall be attached to the application. The
957	applicant shall certify that the location provides an adequately
958	equipped office and is not a residence; that the location
959	affords sufficient unoccupied space upon and within which
960	adequately to store all motor vehicles offered and displayed for
961	sale; and that the location is a suitable place where the
962	applicant can in good faith carry on such business and keep and
963	maintain books, records, and files necessary to conduct such
964	business, which will be available at all reasonable hours to
965	inspection by the department or any of its inspectors or other
966	employees. The applicant shall certify that the business of a
967	motor vehicle dealer is the principal business which shall be
968	conducted at that location. Such application shall contain a
969	statement that the applicant is either franchised by a
970	manufacturer of motor vehicles, in which case the name of each
971	motor vehicle that the applicant is franchised to sell shall be
972	included, or an independent (nonfranchised) motor vehicle
973	dealer. Such application shall contain such other relevant
974	information as may be required by the department, including
975	evidence that the applicant is insured under a garage liability
976	insurance policy, or a general liability insurance policy
977	coupled with a business automobile policy, which shall include,
978	at a minimum, $25,000 combined single-limit liability coverage
979	including bodily injury and property damage protection and
980	$10,000 personal injury protection. Franchise dealers must
981	submit a garage liability insurance policy, and all other
982	dealers must submit either a garage liability insurance policy
983	or a general liability insurance policy coupled with a business
984	automobile policy. Such policy shall be for the license period,
985	and evidence of a new or continued policy shall be delivered to
986	the department at the beginning of each license period. Upon
987	making such initial application, the person applying therefor
988	shall pay to the department a fee of $300 in addition to any
989	other fees now required by law; upon making a subsequent renewal
990	application, the person applying therefor shall pay to the
991	department a fee of $75 in addition to any other fees now
992	required by law. Upon making an application for a change of
993	location, the person shall pay a fee of $50 in addition to any
994	other fees now required by law. The department shall, in the
995	case of every application for initial licensure, verify whether
996	certain facts set forth in the application are true. Each
997	applicant, general partner in the case of a partnership, or
998	corporate officer and director in the case of a corporate
999	applicant, must file a set of fingerprints with the department
1000	for the purpose of determining any prior criminal record or any
1001	outstanding warrants. The department shall submit the
1002	fingerprints to the Department of Law Enforcement for state
1003	processing and forwarding to the Federal Bureau of Investigation
1004	for federal processing. The actual cost of such state and
1005	federal processing shall be borne by the applicant and is to be
1006	in addition to the fee for licensure. The department may issue a
1007	license to an applicant pending the results of the fingerprint
1008	investigation, which license is fully revocable if the
1009	department subsequently determines that any facts set forth in
1010	the application are not true or correctly represented.
1011	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1012	(b)  The department may deny, suspend, or revoke any
1013	license issued hereunder or under the provisions of s. 320.77 or
1014	s. 320.771 upon proof that a licensee has committed, with
1015	sufficient frequency so as to establish a pattern of wrongdoing
1016	on the part of a licensee, violations of one or more of the
1017	following activities:
1018	1.  Representation that a demonstrator is a new motor
1019	vehicle, or the attempt to sell or the sale of a demonstrator as
1020	a new motor vehicle without written notice to the purchaser that
1021	the vehicle is a demonstrator. For the purposes of this section,
1022	a "demonstrator," a "new motor vehicle," and a "used motor
1023	vehicle" shall be defined as under s. 320.60.
1024	2.  Unjustifiable refusal to comply with a licensee's
1025	responsibility under the terms of the new motor vehicle warranty
1026	issued by its respective manufacturer, distributor, or importer.
1027	However, if such refusal is at the direction of the
1028	manufacturer, distributor, or importer, such refusal shall not
1029	be a ground under this section.
1030	3.  Misrepresentation or false, deceptive, or misleading
1031	statements with regard to the sale or financing of motor
1032	vehicles which any motor vehicle dealer has, or causes to have,
1033	advertised, printed, displayed, published, distributed,
1034	broadcast, televised, or made in any manner with regard to the
1035	sale or financing of motor vehicles.
1036	4.  Failure by any motor vehicle dealer to provide a
1037	customer or purchaser with an odometer disclosure statement and
1038	a copy of any bona fide written, executed sales contract or
1039	agreement of purchase connected with the purchase of the motor
1040	vehicle purchased by the customer or purchaser.
1041	5.  Failure of any motor vehicle dealer to comply with the
1042	terms of any bona fide written, executed agreement, pursuant to
1043	the sale of a motor vehicle.
1044	6.  Failure to apply for transfer of a title as prescribed
1045	in s. 319.23(6).
1046	7.  Use of the dealer license identification number by any
1047	person other than the licensed dealer or his or her designee.
1048	8.  Failure to continually meet the requirements of the
1049	licensure law.
1050	9.  Representation to a customer or any advertisement to
1051	the public representing or suggesting that a motor vehicle is a
1052	new motor vehicle if such vehicle lawfully cannot be titled in
1053	the name of the customer or other member of the public by the
1054	seller using a manufacturer's statement of origin as permitted
1055	in s. 319.23(1).
1056	10.  Requirement by any motor vehicle dealer that a
1057	customer or purchaser accept equipment on his or her motor
1058	vehicle which was not ordered by the customer or purchaser.
1059	11.  Requirement by any motor vehicle dealer that any
1060	customer or purchaser finance a motor vehicle with a specific
1061	financial institution or company.
1062	12.  Requirement by any motor vehicle dealer that the
1063	purchaser of a motor vehicle contract with the dealer for
1064	physical damage insurance.
1065	13.  Perpetration of a fraud upon any person as a result of
1066	dealing in motor vehicles, including, without limitation, the
1067	misrepresentation to any person by the licensee of the
1068	licensee's relationship to any manufacturer, importer, or
1069	distributor.
1070	14.  Violation of any of the provisions of s. 319.35 by any
1071	motor vehicle dealer.
1072	15.  Sale by a motor vehicle dealer of a vehicle offered in
1073	trade by a customer prior to consummation of the sale, exchange,
1074	or transfer of a newly acquired vehicle to the customer, unless
1075	the customer provides written authorization for the sale of the
1076	trade-in vehicle prior to delivery of the newly acquired
1077	vehicle.
1078	16.  Willful failure to comply with any administrative rule
1079	adopted by the department or the provisions of s. 320.131(8).
1080	17.  Violation of chapter 319, this chapter, or ss.
1081	559.901-559.9221, which has to do with dealing in or repairing
1082	motor vehicles or mobile homes. Additionally, in the case of
1083	used motor vehicles, the willful violation of the federal law
1084	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1085	the consumer sales window form.
1086	18.  Failure to maintain evidence of notification to the
1087	owner or coowner of a vehicle regarding registration or titling
1088	fees owed as required in s. 320.02(16)(17).
1089	19.  Failure to register a mobile home salesperson with the
1090	department as required by this section.
1091	Section 31.  Section 320.69, Florida Statutes, is amended
1092	to read:
1093	320.69  Rules.--The department has authority to adopt rules
1094	pursuant to ss. 120.536(1) and 120.54 to implement, administer,
1095	and enforce ss. 320.60-320.70 with respect to each section
1096	therein, including the authority to adopt definitions as
1097	necessary the provisions of this law.
1098	Section 32.  Subsections (10) through (44) of section
1099	322.01, Florida Statutes, are renumbered as subsections (11)
1100	through (45), respectively, present subsections (10), (23), and
1101	(29) are amended, and a new subsection (10) is added to that
1102	section, to read:
1103	322.01  Definitions.--As used in this chapter:
1104	(10)  "Convenience service" means any means whereby an
1105	individual conducts a transaction with the department other than
1106	in person.
1107	(11)(10)(a)  "Conviction" means a conviction of an offense
1108	relating to the operation of motor vehicles on highways which is
1109	a violation of this chapter or any other such law of this state
1110	or any other state, including an admission or determination of a
1111	noncriminal traffic infraction pursuant to s. 318.14, or a
1112	judicial disposition of an offense committed under any federal
1113	law substantially conforming to the aforesaid state statutory
1114	provisions.
1115	(b)  Notwithstanding any other provisions of this chapter,
1116	the definition of "conviction" provided in 49 C.F.R. part 383.5
1117	applies to offenses committed in a commercial motor vehicle or
1118	by a person holding a commercial driver's license.
1119	(24)(23)  "Hazardous materials" means any material that has
1120	been designated as hazardous under 49 U.S.C. s. 5103 and is
1121	required to be placarded under subpart F of 49 C.F.R. part 172
1122	or any quantity of a material listed as a select agent or toxin
1123	in 42 C.F.R. part 73 has the meaning such term has under s. 103
1124	of the Hazardous Materials Transportation Act.
1125	(30)(29)  "Out-of-service order" means a prohibition issued
1126	by an authorized local, state, or Federal Government official
1127	which precludes a person from driving a commercial motor vehicle
1128	for a period of 72 hours or less.
1129	Section 33.  Subsection (1) of section 322.03, Florida
1130	Statutes, is amended to read:
1131	322.03  Drivers must be licensed; penalties.--
1132	(1)  Except as otherwise authorized in this chapter, a
1133	person may not drive any motor vehicle upon a highway in this
1134	state unless such person has a valid driver's license under the
1135	provisions of this chapter.
1136	(a)  A person who drives a commercial motor vehicle shall
1137	not receive a driver's license unless and until he or she
1138	surrenders to the department all driver's licenses in his or her
1139	possession issued to him or her by any other jurisdiction or
1140	makes an affidavit that he or she does not possess a driver's
1141	license. Any such person who fails to surrender such licenses or
1142	who makes a false affidavit concerning such licenses is guilty
1143	of a misdemeanor of the first degree, punishable as provided in
1144	s. 775.082 or s. 775.083.
1145	(b)  A person who does not drive a commercial motor vehicle
1146	is not required to surrender a license issued by another
1147	jurisdiction, upon a showing to the department that such license
1148	is necessary because of employment or part-time residence. Any
1149	person who retains a driver's license because of employment or
1150	part-time residence shall, upon qualifying for a license in this
1151	state, be issued a driver's license which shall be valid within
1152	this state only. All surrendered licenses may be returned by the
1153	department to the issuing jurisdiction together with information
1154	that the licensee is now licensed in a new jurisdiction or may
1155	be destroyed by the department, which shall notify the issuing
1156	jurisdiction of such destruction. A person may not have more
1157	than one valid Florida driver's license at any time.
1158	(c)  Part-time residents issued a license pursuant to
1159	paragraph (b) may continue to hold such license until the next
1160	regularly scheduled renewal. Licenses that are identified as
1161	"Valid in Florida only" may not be issued or renewed effective
1162	July 1, 2009. This paragraph expires June 30, 2017.
1163	Section 34.  Subsections (1) and (2) of section 322.051,
1164	Florida Statutes, are amended to read:
1165	322.051  Identification cards.--
1166	(1)  Any person who is 5 years of age or older, or any
1167	person who has a disability, regardless of age, who applies for
1168	a disabled parking permit under s. 320.0848, may be issued an
1169	identification card by the department upon completion of an
1170	application and payment of an application fee.
1171	(a)  Each such application shall include the following
1172	information regarding the applicant:
1173	1.  Full name (first, middle or maiden, and last), gender,
1174	proof of social security card number satisfactory to the
1175	department, county of residence, and mailing address, proof of
1176	residential address satisfactory to the department, country of
1177	birth, and a brief description.
1178	2.  Proof of birth date satisfactory to the department.
1179	3.  Proof of identity satisfactory to the department. Such
1180	proof must include one of the following documents issued to the
1181	applicant:
1182	a.  A driver's license record or identification card record
1183	from another jurisdiction that required the applicant to submit
1184	a document for identification which is substantially similar to
1185	a document required under sub-subparagraph b., sub-subparagraph
1186	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
1187	f., or sub-subparagraph g., or sub-subparagraph h.;
1188	b.  A certified copy of a United States birth certificate;
1189	c.  A valid, unexpired United States passport;
1190	d.  A naturalization certificate issued by the United
1191	States Department of Homeland Security;
1192	e.  A valid, unexpired An alien registration receipt card
1193	(green card);
1194	f.  A Consular Report of Birth Abroad provided by the
1195	United States Department of State;
1196	g.f.  An unexpired employment authorization card issued by
1197	the United States Department of Homeland Security; or
1198	h.g.  Proof of nonimmigrant classification provided by the
1199	United States Department of Homeland Security, for an original
1200	identification card. In order to prove such nonimmigrant
1201	classification, applicants may produce but are not limited to
1202	the following documents:
1203	(I)  A notice of hearing from an immigration court
1204	scheduling a hearing on any proceeding.
1205	(II)  A notice from the Board of Immigration Appeals
1206	acknowledging pendency of an appeal.
1207	(III)  Notice of the approval of an application for
1208	adjustment of status issued by the United States Bureau of
1209	Citizenship and Immigration Services.
1210	(IV)  Any official documentation confirming the filing of a
1211	petition for asylum or refugee status or any other relief issued
1212	by the United States Bureau of Citizenship and Immigration
1213	Services.
1214	(V)  Notice of action transferring any pending matter from
1215	another jurisdiction to Florida, issued by the United States
1216	Bureau of Citizenship and Immigration Services.
1217	(VI)  Order of an immigration judge or immigration officer
1218	granting any relief that authorizes the alien to live and work
1219	in the United States including, but not limited to asylum.
1220	(VII)  Evidence that an application is pending for
1221	adjustment of status to that of an alien lawfully admitted for
1222	permanent residence in the United States or conditional
1223	permanent resident status in the United States, if a visa number
1224	is available having a current priority date for processing by
1225	the United States Bureau of Citizenship and Immigration
1226	Services.
1227	(VIII)  On or after January 1, 2010, an unexpired foreign
1228	passport with an unexpired United States Visa affixed,
1229	accompanied by an approved I-94, documenting the most recent
1230	admittance into the United States.
1231
1232	Presentation of any of the documents described in sub-
1233	subparagraph g. f. or sub-subparagraph h. g. entitles the
1234	applicant to an identification card for a period not to exceed
1235	the expiration date of the document presented or 1 year,
1236	whichever first occurs.
1237	(b)  An application for an identification card must be
1238	signed and verified by the applicant in a format designated by
1239	the department before a person authorized to administer oaths
1240	and payment of the applicable fee pursuant to s. 322.21. The fee
1241	for an identification card is $3, including payment for the
1242	color photograph or digital image of the applicant.
1243	(c)  Each such applicant may include fingerprints and any
1244	other unique biometric means of identity.
1245	(2)(a)  Every identification card:
1246	1.  Issued to a person 5 years of age to 14 years of age
1247	shall expire, unless canceled earlier, on the fourth birthday of
1248	the applicant following the date of original issue.
1249	2.  Issued to a person 15 years of age and older shall
1250	expire, unless canceled earlier, on the eighth birthday of the
1251	applicant following the date of original issue.
1252
1253	Renewal of an identification card shall be made for the
1254	applicable term enumerated in this paragraph. However, if an
1255	individual is 60 years of age or older, and has an
1256	identification card issued under this section, the card shall
1257	not expire unless done so by cancellation by the department or
1258	by the death of the cardholder. Renewal of any identification
1259	card shall be made for a term which shall expire on the fourth
1260	birthday of the applicant following expiration of the
1261	identification card renewed, unless surrendered earlier. Any
1262	application for renewal received later than 90 days after
1263	expiration of the identification card shall be considered the
1264	same as an application for an original identification card. The
1265	renewal fee for an identification card shall be $10, of which $4
1266	shall be deposited into the General Revenue Fund and $6 into the
1267	Highway Safety Operating Trust Fund. The department shall, at
1268	the end of 4 years and 6 months after the issuance or renewal of
1269	an identification card, destroy any record of the card if it has
1270	expired and has not been renewed, unless the cardholder is 60
1271	years of age or older.
1272	(b)  Notwithstanding any other provision of this chapter,
1273	if an applicant establishes his or her identity for an
1274	identification card using a document authorized under sub-
1275	subparagraph (1)(a)3.e., the identification card shall expire on
1276	the eighth fourth birthday of the applicant following the date
1277	of original issue or upon first renewal or duplicate issued
1278	after implementation of this section. After an initial showing
1279	of such documentation, he or she is exempted from having to
1280	renew or obtain a duplicate in person.
1281	(c)  Notwithstanding any other provisions of this chapter,
1282	if an applicant establishes his or her identity for an
1283	identification card using an identification document authorized
1284	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
1285	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
1286	year 2 years after the date of issuance or upon the expiration
1287	date cited on the United States Department of Homeland Security
1288	documents, whichever date first occurs, and may not be renewed
1289	or obtain a duplicate except in person.
1290	Section 35.  Subsections (1), (2), and (6) of section
1291	322.08, Florida Statutes, are amended to read:
1292	322.08  Application for license.--
1293	(1)  Each application for a driver's license shall be made
1294	in a format designated by the department and sworn to or
1295	affirmed by the applicant as to the truth of the statements made
1296	in the application.
1297	(2)  Each such application shall include the following
1298	information regarding the applicant:
1299	(a)  Full name (first, middle or maiden, and last), gender,
1300	proof of social security card number satisfactory to the
1301	department, county of residence, and mailing address, proof of
1302	residential address satisfactory to the department, country of
1303	birth, and a brief description.
1304	(b)  Proof of birth date satisfactory to the department.
1305	(c)  Proof of identity satisfactory to the department. Such
1306	proof must include one of the following documents issued to the
1307	applicant:
1308	1.  A driver's license record or identification card record
1309	from another jurisdiction that required the applicant to submit
1310	a document for identification which is substantially similar to
1311	a document required under subparagraph 2., subparagraph 3.,
1312	subparagraph 4., subparagraph 5., subparagraph 6., or
1313	subparagraph 7., or subparagraph 8.;
1314	2.  A certified copy of a United States birth certificate;
1315	3.  A valid, unexpired United States passport;
1316	4.  A naturalization certificate issued by the United
1317	States Department of Homeland Security;
1318	5.  A valid, unexpired An alien registration receipt card
1319	(green card);
1320	6.  A Consular Report of Birth Abroad provided by the
1321	United States Department of State;
1322	7.6.  An unexpired employment authorization card issued by
1323	the United States Department of Homeland Security; or
1324	8.7.  Proof of nonimmigrant classification provided by the
1325	United States Department of Homeland Security, for an original
1326	driver's license. In order to prove nonimmigrant classification,
1327	an applicant may produce the following documents, including, but
1328	not limited to:
1329	a.  A notice of hearing from an immigration court
1330	scheduling a hearing on any proceeding.
1331	b.  A notice from the Board of Immigration Appeals
1332	acknowledging pendency of an appeal.
1333	c.  A notice of the approval of an application for
1334	adjustment of status issued by the United States Bureau of
1335	Citizenship and Immigration Services.
1336	d.  Any official documentation confirming the filing of a
1337	petition for asylum or refugee status or any other relief issued
1338	by the United States Bureau of Citizenship and Immigration
1339	Services.
1340	e.  A notice of action transferring any pending matter from
1341	another jurisdiction to this state issued by the United States
1342	Bureau of Citizenship and Immigration Services.
1343	f.  An order of an immigration judge or immigration officer
1344	granting any relief that authorizes the alien to live and work
1345	in the United States, including, but not limited to, asylum.
1346	g.  Evidence that an application is pending for adjustment
1347	of status to that of an alien lawfully admitted for permanent
1348	residence in the United States or conditional permanent resident
1349	status in the United States, if a visa number is available
1350	having a current priority date for processing by the United
1351	States Bureau of Citizenship and Immigration Services.
1352	h.  On or after January 1, 2010, an unexpired foreign
1353	passport with an unexpired United States Visa affixed,
1354	accompanied by an approved I-94, documenting the most recent
1355	admittance into the United States.
1356
1357	Presentation of any of the documents in subparagraph 7. 6. or
1358	subparagraph 8. 7. entitles the applicant to a driver's license
1359	or temporary permit for a period not to exceed the expiration
1360	date of the document presented or 1 year, whichever occurs
1361	first.
1362	(d)  Whether the applicant has previously been licensed to
1363	drive, and, if so, when and by what state, and whether any such
1364	license or driving privilege has ever been disqualified,
1365	revoked, or suspended, or whether an application has ever been
1366	refused, and, if so, the date of and reason for such
1367	disqualification, suspension, revocation, or refusal.
1368	(e)  Each such application may include fingerprints and
1369	other unique biometric means of identity.
1370	(6)  The application form for a driver's license or
1371	duplicate thereof shall include language permitting the
1372	following:
1373	(a)  A voluntary contribution of $5 per applicant, which
1374	contribution shall be transferred into the Election Campaign
1375	Financing Trust Fund.
1376	(a)(b)  A voluntary contribution of $1 per applicant, which
1377	contribution shall be deposited into the Florida Organ and
1378	Tissue Donor Education and Procurement Trust Fund for organ and
1379	tissue donor education and for maintaining the organ and tissue
1380	donor registry.
1381	(b)(c)  A voluntary contribution of $1 per applicant, which
1382	contribution shall be distributed to the Florida Council of the
1383	Blind.
1384	(c)(d)  A voluntary contribution of $2 per applicant, which
1385	shall be distributed to the Hearing Research Institute,
1386	Incorporated.
1387	(d)(e)  A voluntary contribution of $1 per applicant, which
1388	shall be distributed to the Juvenile Diabetes Foundation
1389	International.
1390	(e)(f)  A voluntary contribution of $1 per applicant, which
1391	shall be distributed to the Children's Hearing Help Fund.
1392
1393	A statement providing an explanation of the purpose of the trust
1394	funds shall also be included. For the purpose of applying the
1395	service charge provided in s. 215.20, contributions received
1396	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1397	and under s. 322.18(9)(a) are not income of a revenue nature.
1398	Section 36.  Paragraph (a) of subsection (1) of section
1399	322.14, Florida Statutes, is amended to read:
1400	322.14  Licenses issued to drivers.--
1401	(1)(a)  The department shall, upon successful completion of
1402	all required examinations and payment of the required fee, issue
1403	to every applicant qualifying therefor, a driver's license as
1404	applied for, which license shall bear thereon a color photograph
1405	or digital image of the licensee; the name of the state; a
1406	distinguishing number assigned to the licensee; and the
1407	licensee's full name, date of birth, and residence mailing
1408	address; a brief description of the licensee, including, but not
1409	limited to, the licensee's gender and height; and the dates of
1410	issuance and expiration of the license. A space shall be
1411	provided upon which the licensee shall affix his or her usual
1412	signature. No license shall be valid until it has been so signed
1413	by the licensee except that the signature of said licensee shall
1414	not be required if it appears thereon in facsimile or if the
1415	licensee is not present within the state at the time of
1416	issuance. Applicants qualifying to receive a Class A, Class B,
1417	or Class C driver's license must appear in person within the
1418	state for issuance of a color photographic or digital imaged
1419	driver's license pursuant to s. 322.142.
1420	Section 37.  Section 322.15, Florida Statutes, is amended
1421	to read:
1422	322.15  License to be carried and exhibited on demand;
1423	fingerprint to be imprinted upon a citation.--
1424	(1)  Every licensee shall have his or her driver's license,
1425	which must be fully legible with no portion of such license
1426	faded, altered, mutilated, or defaced, in his or her immediate
1427	possession at all times when operating a motor vehicle and shall
1428	display the same upon the demand of a law enforcement officer or
1429	an authorized representative of the department.
1430	(2)  Upon the failure of any person to display a driver's
1431	license as required by subsection (1), the law enforcement
1432	officer or authorized representative of the department stopping
1433	the person shall require the person to imprint his or her
1434	fingerprints fingerprint upon any citation issued by the officer
1435	or authorized representative, or the officer or authorized
1436	representative shall collect the fingerprints electronically.
1437	(3)  In relation to violations of subsection (1) or s.
1438	322.03(5), persons who cannot supply proof of a valid driver's
1439	license for the reason that the license was suspended for
1440	failure to comply with that citation shall be issued a
1441	suspension clearance by the clerk of the court for that citation
1442	upon payment of the applicable penalty and fee for that
1443	citation. If proof of a valid driver's license is not provided
1444	to the clerk of the court within 30 days, the person's driver's
1445	license shall again be suspended for failure to comply.
1446	(4)  A violation of subsection (1) is a noncriminal traffic
1447	infraction, punishable as a nonmoving violation as provided in
1448	chapter 318.
1449	Section 38.  Section 322.17, Florida Statutes, is amended
1450	to read:
1451	322.17  Duplicate and replacement certificates.--
1452	(1)(a)  In the event that an instruction permit or driver's
1453	license issued under the provisions of this chapter is lost or
1454	destroyed, the person to whom the same was issued may, upon
1455	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1456	a replacement duplicate, or substitute thereof, upon furnishing
1457	proof satisfactory to the department that such permit or license
1458	has been lost or destroyed, and further furnishing the full
1459	name, date of birth, sex, residence and mailing address, proof
1460	of birth satisfactory to the department, and proof of identity
1461	satisfactory to the department. Five dollars of the fee levied
1462	in this paragraph shall go to the Highway Safety Operating Trust
1463	Fund of the department.
1464	(b)  In the event that an instruction permit or driver's
1465	license issued under the provisions of this chapter is stolen,
1466	the person to whom the same was issued may, at no charge, obtain
1467	a replacement duplicate, or substitute thereof, upon furnishing
1468	proof satisfactory to the department that such permit or license
1469	was stolen and further furnishing the full name, date of birth,
1470	sex, residence and mailing address, proof of birth satisfactory
1471	to the department, and proof of identity satisfactory to the
1472	department.
1473	(2)  Upon the surrender of the original license and the
1474	payment of the appropriate fees pursuant to s. 322.21 a $10
1475	replacement fee, the department shall issue a replacement
1476	license to make a change in name, address, or restrictions. Upon
1477	written request by the licensee and notification of a change in
1478	address, and the payment of a $10 fee, the department shall
1479	issue an address sticker which shall be affixed to the back of
1480	the license by the licensee. Nine dollars of the fee levied in
1481	this subsection shall go to the Highway Safety Operating Trust
1482	Fund of the department.
1483	(3)  Notwithstanding any other provisions of this chapter,
1484	if a licensee establishes his or her identity for a driver's
1485	license using an identification document authorized under s.
1486	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
1487	duplicate or replacement instruction permit or driver's license
1488	except in person and upon submission of an identification
1489	document authorized under s. 322.08(2)(c)7.6. or 8.7.
1490	Section 39.  Subsections (2), (4), (5), (8), and (9) of
1491	section 322.18, Florida Statutes, are amended to read:
1492	322.18  Original applications, licenses, and renewals;
1493	expiration of licenses; delinquent licenses.--
1494	(2)  Each applicant who is entitled to the issuance of a
1495	driver's license, as provided in this section, shall be issued a
1496	driver's license, as follows:
1497	(a)  An applicant who has not attained 80 years of age
1498	applying for an original issuance shall be issued a driver's
1499	license that which expires at midnight on the licensee's
1500	birthday which next occurs on or after the eighth sixth
1501	anniversary of the date of issue. An applicant who is at least
1502	80 years of age applying for an original issuance shall be
1503	issued a driver's license that expires at midnight on the
1504	licensee's birthday that next occurs on or after the sixth
1505	anniversary of the date of issue.
1506	(b)  An applicant who has not attained 80 years of age
1507	applying for a renewal issuance or renewal extension shall be
1508	issued a driver's license that or renewal extension sticker
1509	which expires at midnight on the licensee's birthday that which
1510	next occurs 8 4 years after the month of expiration of the
1511	license being renewed. An applicant who is at least 80 years of
1512	age applying for a renewal issuance shall be issued a driver's
1513	license that, except that a driver whose driving record reflects
1514	no convictions for the preceding 3 years shall be issued a
1515	driver's license or renewal extension sticker which expires at
1516	midnight on the licensee's birthday that which next occurs 6
1517	years after the month of expiration of the license being
1518	renewed.
1519	(c)  Notwithstanding any other provision of this chapter,
1520	if an applicant establishes his or her identity for a driver's
1521	license using a document authorized under s. 322.08(2)(c)5., the
1522	driver's license shall expire in accordance with paragraph (b).
1523	After an initial showing of such documentation, he or she is
1524	exempted from having to renew or obtain a duplicate in person.
1525	(d)  Notwithstanding any other provision of this chapter,
1526	if an applicant establishes his or her identity for a driver's
1527	license using a document authorized in s. 322.08(2)(c)7.6. or
1528	8.7., the driver's license shall expire 1 year 2 years after the
1529	date of issuance or upon the expiration date cited on the United
1530	States Department of Homeland Security documents, whichever date
1531	first occurs.
1532	(e)  Notwithstanding any other provision of this chapter,
1533	an applicant applying for an original or renewal issuance of a
1534	commercial driver's license as defined in s. 322.01(7), with a
1535	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1536	shall be issued a driver's license that expires at midnight on
1537	the licensee's birthday that next occurs 4 years after the month
1538	of expiration of the license being issued or renewed.
1539	(4)(a)  Except as otherwise provided in this chapter, all
1540	licenses shall be renewable every 8 4 years or 6 years,
1541	depending upon the terms of issuance and shall be issued or
1542	renewed extended upon application, payment of the fees required
1543	by s. 322.21, and successful passage of any required
1544	examination, unless the department has reason to believe that
1545	the licensee is no longer qualified to receive a license.
1546	(b)  Notwithstanding any other provision of this chapter,
1547	if an applicant establishes his or her identity for a driver's
1548	license using a document authorized under s. 322.08(2)(c)5., the
1549	license, upon an initial showing of such documentation, is
1550	exempted from having to renew or obtain a duplicate in person,
1551	unless the renewal or duplication coincides with the periodic
1552	reexamination of a driver as required pursuant to s. 322.121.
1553	(c)  Notwithstanding any other provision of this chapter,
1554	if a licensee establishes his or her identity for a driver's
1555	license using an identification document authorized under s.
1556	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1557	driver's license except in person and upon submission of an
1558	identification document authorized under s. 322.08(2)(c)7.6. or
1559	8.7. A driver's license renewed under this paragraph expires 1
1560	year 4 years after the date of issuance or upon the expiration
1561	date cited on the United States Department of Homeland Security
1562	documents, whichever date first occurs.
1563	(5)  All renewal driver's licenses may be issued after the
1564	applicant licensee has been determined to be eligible by the
1565	department.
1566	(a)  A licensee who is otherwise eligible for renewal and
1567	who is at least 80 over 79 years of age:
1568	1.  Must submit to and pass a vision test administered at
1569	any driver's license office; or
1570	2.  If the licensee applies for a renewal using a
1571	convenience service an extension by mail as provided in
1572	subsection (8), he or she must submit to a vision test
1573	administered by a physician licensed under chapter 458 or
1574	chapter 459, or an optometrist licensed under chapter 463, must
1575	send the results of that test to the department on a form
1576	obtained from the department and signed by such health care
1577	practitioner, and must meet vision standards that are equivalent
1578	to the standards for passing the departmental vision test. The
1579	physician or optometrist may submit the results of a vision test
1580	by a department-approved electronic means.
1581	(b)  A licensee who is at least 80 over 79 years of age may
1582	not submit an application for renewal extension under subsection
1583	(8) by a convenience service electronic or telephonic means,
1584	unless the results of a vision test have been electronically
1585	submitted in advance by the physician or optometrist.
1586	(8)  The department shall issue 8-year renewals using a
1587	convenience service 4-year and 6-year license extensions by
1588	mail, electronic, or telephonic means without reexamination to
1589	drivers who have not attained 80 years of age. The department
1590	shall issue 6-year renewals using a convenience service when the
1591	applicant has satisfied the requirements of subsection (5).
1592	(a)  If the department determines from its records that the
1593	holder of a license about to expire is eligible for renewal, the
1594	department shall mail a renewal notice to the licensee at his or
1595	her last known address, not less than 30 days prior to the
1596	licensee's birthday. The renewal notice shall direct the
1597	licensee to appear at a driver license office for in-person
1598	renewal or to transmit the completed renewal notice and the fees
1599	required by s. 322.21 to the department using a convenience
1600	service by mail, electronically, or telephonically within the 30
1601	days preceding the licensee's birthday for a license extension.
1602	License extensions shall not be available to drivers directed to
1603	appear for in-person renewal.
1604	(b)  Upon receipt of a properly completed renewal notice,
1605	payment of the required fees, and upon determining that the
1606	licensee is still eligible for renewal, the department shall
1607	send a new license extension sticker to the licensee to affix to
1608	the expiring license as evidence that the license term has been
1609	extended.
1610	(c)  The department shall issue one renewal using a
1611	convenience service license extensions for two consecutive
1612	license expirations only. Upon expiration of two consecutive
1613	license extension periods, in-person renewal with reexamination
1614	as provided in s. 322.121 shall be required. A person who is out
1615	of this state when his or her license expires may be issued a
1616	90-day temporary driving permit without reexamination. At the
1617	end of the 90-day period, the person must either return to this
1618	state or apply for a license where the person is located, except
1619	for a member of the Armed Forces as provided in s. 322.121(6).
1620	(d)  In-person renewal at a driver license office shall not
1621	be available to drivers whose records indicate they were
1622	directed to apply for a license extension.
1623	(d)(e)  Any person who knowingly possesses any forged,
1624	stolen, fictitious, counterfeit, or unlawfully issued license
1625	extension sticker, unless possession by such person has been
1626	duly authorized by the department, commits a misdemeanor of the
1627	second degree, punishable as provided in s. 775.082 or s.
1628	775.083.
1629	(e)(f)  The department shall develop a plan for the
1630	equitable distribution of license extensions and renewals and
1631	the orderly implementation of this section.
1632	(9)(a)  The application form for a renewal issuance or
1633	renewal extension shall include language permitting a voluntary
1634	contribution of $1 per applicant, to be quarterly distributed by
1635	the department to Prevent Blindness Florida, a not-for-profit
1636	organization, to prevent blindness and preserve the sight of the
1637	residents of this state. A statement providing an explanation of
1638	the purpose of the funds shall be included with the application
1639	form.
1640	(b)  Prior to the department distributing the funds
1641	collected pursuant to paragraph (a), Prevent Blindness Florida
1642	must submit a report to the department that identifies how such
1643	funds were used during the preceding year.
1644	Section 40.  Subsections (2) and (4) of section 322.19,
1645	Florida Statutes, are amended to read:
1646	322.19  Change of address or name.--
1647	(2)  Whenever any person, after applying for or receiving a
1648	driver's license, changes the residence or mailing address in
1649	the application or license, the person must, within 10 calendar
1650	days, either obtain a replacement license that reflects the
1651	change or request in writing a change-of-address sticker. A The
1652	written request to the department must include the old and new
1653	addresses and the driver's license number.
1654	(4)  Notwithstanding any other provision of this chapter,
1655	if a licensee established his or her identity for a driver's
1656	license using an identification document authorized under s.
1657	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1658	name or address except in person and upon submission of an
1659	identification document authorized under s. 322.08(2)(c)7.6. or
1660	8.7.
1661	Section 41.  Subsection (1) of section 322.21, Florida
1662	Statutes, is amended to read:
1663	322.21  License fees; procedure for handling and collecting
1664	fees.--
1665	(1)  Except as otherwise provided herein, the fee for:
1666	(a)  An original or renewal commercial driver's license is
1667	$67 $50, which shall include the fee for driver education
1668	provided by s. 1003.48; however, if an applicant has completed
1669	training and is applying for employment or is currently employed
1670	in a public or nonpublic school system that requires the
1671	commercial license, the fee shall be the same as for a Class E
1672	driver's license. A delinquent fee of $1 shall be added for a
1673	renewal made not more than 12 months after the license
1674	expiration date.
1675	(b)  An original Class E driver's license is $27 $20, which
1676	shall include the fee for driver's education provided by s.
1677	1003.48; however, if an applicant has completed training and is
1678	applying for employment or is currently employed in a public or
1679	nonpublic school system that requires a commercial driver
1680	license, the fee shall be the same as for a Class E license.
1681	(c)  The renewal or extension of a Class E driver's license
1682	or of a license restricted to motorcycle use only is $20 $15,
1683	except that a delinquent fee of $1 shall be added for a renewal
1684	or extension made not more than 12 months after the license
1685	expiration date. The fee provided in this paragraph shall
1686	include the fee for driver's education provided by s. 1003.48.
1687	(d)  An original driver's license restricted to motorcycle
1688	use only is $27 $20, which shall include the fee for driver's
1689	education provided by s. 1003.48.
1690	(e)  A replacement driver's license issued pursuant to s.
1691	322.17 is $10 and shall be deposited into the General Revenue
1692	Fund.
1693	(f)  An original or renewal identification card issued
1694	pursuant to s. 322.051 is $10 and shall be deposited into the
1695	General Revenue Fund.
1696	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1697	(h)(f)  A hazardous-materials endorsement, as required by
1698	s. 322.57(1)(d), shall be set by the department by rule and
1699	shall reflect the cost of the required criminal history check,
1700	including the cost of the state and federal fingerprint check,
1701	and the cost to the department of providing and issuing the
1702	license. The fee shall not exceed $100. This fee shall be
1703	deposited in the Highway Safety Operating Trust Fund. The
1704	department may adopt rules to administer this section.
1705	Section 42.  Subsection (3) of section 322.2715, Florida
1706	Statutes is amended to read:
1707	322.2715  Ignition interlock device.--
1708	(3)  If the person is convicted of:
1709	(a)  A first offense of driving under the influence under
1710	s. 316.193 and has an unlawful blood-alcohol level or breath-
1711	alcohol level as specified in s. 316.193(4), or if a person is
1712	convicted of a violation of s. 316.193 and was at the time of
1713	the offense accompanied in the vehicle by a person younger than
1714	18 years of age, the person shall have the ignition interlock
1715	device installed for 6 continuous months for the first offense
1716	and for at least 2 continuous years for a second offense.
1717	(b)  A second offense of driving under the influence, the
1718	ignition interlock device shall be installed for a period of not
1719	less than 1 continuous year.
1720	(c)  A third offense of driving under the influence which
1721	occurs within 10 years after a prior conviction for a violation
1722	of s.316.193, the ignition interlock device shall be installed
1723	for a period of not less than 2 continuous years.
1724	(d)  A third offense of driving under the influence which
1725	occurs more than 10 years after the date of a prior conviction,
1726	the ignition interlock device shall be installed for a period of
1727	not less than 2 continuous years.
1728	Section 43.  Section 322.291, Florida Statutes is amended
1729	to read:
1730	322.291  Driver improvement schools or DUI programs;
1731	required in certain suspension and revocation cases.--Except as
1732	provided in s. 322.03(2), any person:
1733	(1)  Whose driving privilege has been revoked:
1734	(a)  Upon conviction for:
1735	1.  Driving, or being in actual physical control of, any
1736	vehicle while under the influence of alcoholic beverages, any
1737	chemical substance set forth in s. 877.111, or any substance
1738	controlled under chapter 893, in violation of s. 316.193;
1739	2.  Driving with an unlawful blood- or breath-alcohol
1740	level;
1741	3.  Manslaughter resulting from the operation of a motor
1742	vehicle;
1743	4.  Failure to stop and render aid as required under the
1744	laws of this state in the event of a motor vehicle crash
1745	resulting in the death or personal injury of another;
1746	5.  Reckless driving; or
1747	(b)  As a an habitual offender;
1748	(c)  Upon direction of the court, if the court feels that
1749	the seriousness of the offense and the circumstances surrounding
1750	the conviction warrant the revocation of the licensee's driving
1751	privilege; or
1752	(2)  Whose license was suspended under the point system,
1753	was suspended for driving with an unlawful blood-alcohol level
1754	of 0.10 percent or higher before January 1, 1994, was suspended
1755	for driving with an unlawful blood-alcohol level of 0.08 percent
1756	or higher after December 31, 1993, was suspended for a violation
1757	of s. 316.193(1), or was suspended for refusing to submit to a
1758	lawful breath, blood, or urine test as provided in s. 322.2615
1759
1760	shall, before the driving privilege may be reinstated, present
1761	to the department proof of enrollment in a department-approved
1762	advanced driver improvement course operating pursuant to s.
1763	318.1451 or a substance abuse education course conducted by a
1764	DUI program licensed pursuant to s. 322.292, which shall include
1765	a psychosocial evaluation and treatment, if referred.
1766	Additionally, for a third or subsequent violation of
1767	requirements for installation of an ignition interlock device, a
1768	person must complete treatment as determined by a licensed
1769	treatment agency following a referral by a DUI program and have
1770	the duration of the ignition interlock device requirement
1771	extended by at least 1 month up to the time period required to
1772	complete treatment. If the person fails to complete such course
1773	or evaluation within 90 days after reinstatement, or
1774	subsequently fails to complete treatment, if referred, the DUI
1775	program shall notify the department of the failure. Upon receipt
1776	of the notice, the department shall cancel the offender's
1777	driving privilege, notwithstanding the expiration of the
1778	suspension or revocation of the driving privilege. The
1779	department may temporarily reinstate the driving privilege upon
1780	verification from the DUI program that the offender has
1781	completed the education course and evaluation requirement and
1782	has reentered and is currently participating in treatment. If
1783	the DUI program notifies the department of the second failure to
1784	complete treatment, the department shall reinstate the driving
1785	privilege only after notice of completion of treatment from the
1786	DUI program.
1787	Section 44.  Section 322.36, Florida Statutes, is amended
1788	to read:
1789	322.36  Permitting unauthorized operator to drive.--A No
1790	person may not shall authorize or knowingly permit a motor
1791	vehicle owned by him or her or under his or her dominion or
1792	control to be operated upon any highway or public street except
1793	by a person who is persons duly authorized to operate a motor
1794	vehicle vehicles under the provisions of this chapter. Any
1795	person who violates violating this section commits provision is
1796	guilty of a misdemeanor of the second degree, punishable as
1797	provided in s. 775.082 or s. 775.083. If a person violates this
1798	section by knowingly loaning a vehicle to a person whose
1799	driver's license is suspended and if that vehicle is involved in
1800	an accident resulting in bodily injury or death, the driver's
1801	license of the person violating this section shall be suspended
1802	for 1 year.
1803	Section 45.  Section 322.60, Florida Statutes, is repealed.
1804	Section 46.  Subsections (1) through (6) of section 322.61,
1805	Florida Statutes, are amended to read:
1806	322.61  Disqualification from operating a commercial motor
1807	vehicle.--
1808	(1)  A person who, for offenses occurring within a 3-year
1809	period, is convicted of two of the following serious traffic
1810	violations or any combination thereof, arising in separate
1811	incidents committed in a commercial motor vehicle shall, in
1812	addition to any other applicable penalties, be disqualified from
1813	operating a commercial motor vehicle for a period of 60 days. A
1814	holder of a commercial driver's license person who, for offenses
1815	occurring within a 3-year period, is convicted of two of the
1816	following serious traffic violations, or any combination
1817	thereof, arising in separate incidents committed in a
1818	noncommercial motor vehicle shall, in addition to any other
1819	applicable penalties, be disqualified from operating a
1820	commercial motor vehicle for a period of 60 days if such
1821	convictions result in the suspension, revocation, or
1822	cancellation of the licenseholder's driving privilege:
1823	(a)  A violation of any state or local law relating to
1824	motor vehicle traffic control, other than a parking violation, a
1825	weight violation, or a vehicle equipment violation, arising in
1826	connection with a crash resulting in death or personal injury to
1827	any person;
1828	(b)  Reckless driving, as defined in s. 316.192;
1829	(c)  Careless driving, as defined in s. 316.1925;
1830	(d)  Fleeing or attempting to elude a law enforcement
1831	officer, as defined in s. 316.1935;
1832	(e)  Unlawful speed of 15 miles per hour or more above the
1833	posted speed limit;
1834	(f)  Driving a commercial motor vehicle, owned by such
1835	person, which is not properly insured;
1836	(g)  Improper lane change, as defined in s. 316.085;
1837	(h)  Following too closely, as defined in s. 316.0895;
1838	(i)  Driving a commercial vehicle without obtaining a
1839	commercial driver's license;
1840	(j)  Driving a commercial vehicle without the proper class
1841	of commercial driver's license or without the proper
1842	endorsement; or
1843	(k)  Driving a commercial vehicle without a commercial
1844	driver's license in possession, as required by s. 322.03. Any
1845	individual who provides proof to the clerk of the court or
1846	designated official in the jurisdiction where the citation was
1847	issued, by the date the individual must appear in court or pay
1848	any fine for such a violation, that the individual held a valid
1849	commercial driver's license on the date the citation was issued
1850	is not guilty of this offense.
1851	(2)(a)  Any person who, for offenses occurring within a 3-
1852	year period, is convicted of three serious traffic violations
1853	specified in subsection (1) or any combination thereof, arising
1854	in separate incidents committed in a commercial motor vehicle
1855	shall, in addition to any other applicable penalties, including
1856	but not limited to the penalty provided in subsection (1), be
1857	disqualified from operating a commercial motor vehicle for a
1858	period of 120 days.
1859	(b)  A holder of a commercial driver's license person who,
1860	for offenses occurring within a 3-year period, is convicted of
1861	three serious traffic violations specified in subsection (1) or
1862	any combination thereof arising in separate incidents committed
1863	in a noncommercial motor vehicle shall, in addition to any other
1864	applicable penalties, including, but not limited to, the penalty
1865	provided in subsection (1), be disqualified from operating a
1866	commercial motor vehicle for a period of 120 days if such
1867	convictions result in the suspension, revocation, or
1868	cancellation of the licenseholder's driving privilege.
1869	(3)(a)  Except as provided in subsection (4), any person
1870	who is convicted of one of the following offenses listed in
1871	paragraph (b) while operating a commercial motor vehicle shall,
1872	in addition to any other applicable penalties, be disqualified
1873	from operating a commercial motor vehicle for a period of 1
1874	year:
1875	(b)  Except as provided in subsection (4), any holder of a
1876	commercial driver's license who is convicted of one of the
1877	offenses listed in this paragraph while operating a
1878	noncommercial motor vehicle shall, in addition to any other
1879	applicable penalties, be disqualified from operating a
1880	commercial motor vehicle for a period of 1 year:
1881	1.(a)  Driving a commercial motor vehicle while he or she
1882	is under the influence of alcohol or a controlled substance;
1883	2.(b)  Driving a commercial motor vehicle while the alcohol
1884	concentration of his or her blood, breath, or urine is .04
1885	percent or higher;
1886	3.(c)  Leaving the scene of a crash involving a commercial
1887	motor vehicle driven by such person;
1888	4.(d)  Using a commercial motor vehicle in the commission
1889	of a felony;
1890	5.(e)  Driving a commercial motor vehicle while in
1891	possession of a controlled substance;
1892	6.(f)  Refusing to submit to a test to determine his or her
1893	alcohol concentration while driving a commercial motor vehicle;
1894	7.(g)  Driving a commercial vehicle while the
1895	licenseholder's commercial driver's license is suspended,
1896	revoked, or canceled or while the licenseholder is disqualified
1897	from driving a commercial vehicle; or
1898	8.(h)  Causing a fatality through the negligent operation
1899	of a commercial motor vehicle.
1900	(4)  Any person who is transporting hazardous materials as
1901	defined in s. 322.01(24) in a vehicle that is required to be
1902	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1903	shall, upon conviction of an offense specified in subsection
1904	(3), be disqualified from operating a commercial motor vehicle
1905	for a period of 3 years. The penalty provided in this subsection
1906	shall be in addition to any other applicable penalty.
1907	(5)  Any person who is convicted of two violations
1908	specified in subsection (3) which were committed while operating
1909	a commercial motor vehicle, or any combination thereof, arising
1910	in separate incidents shall be permanently disqualified from
1911	operating a commercial motor vehicle. Any holder of a commercial
1912	driver's license who is convicted of two violations specified in
1913	subsection (3) which were committed while operating a
1914	noncommercial motor vehicle, or any combination thereof, arising
1915	in separate incidents shall be permanently disqualified from
1916	operating a commercial motor vehicle. The penalty provided in
1917	this subsection is shall be in addition to any other applicable
1918	penalty.
1919	(6)  Notwithstanding subsections (3), (4), and (5), any
1920	person who uses a commercial motor vehicle in the commission of
1921	any felony involving the manufacture, distribution, or
1922	dispensing of a controlled substance, including possession with
1923	intent to manufacture, distribute, or dispense a controlled
1924	substance, shall, upon conviction of such felony, be permanently
1925	disqualified from operating a commercial motor vehicle.
1926	Notwithstanding subsections (3), (4), and (5), any holder of a
1927	commercial driver's license who uses a noncommercial motor
1928	vehicle in the commission of any felony involving the
1929	manufacture, distribution, or dispensing of a controlled
1930	substance, including possession with intent to manufacture,
1931	distribute, or dispense a controlled substance, shall, upon
1932	conviction of such felony, be permanently disqualified from
1933	operating a commercial motor vehicle. The penalty provided in
1934	this subsection is shall be in addition to any other applicable
1935	penalty.
1936	Section 47.  Subsections (1), (2), (4), (6), (7), (8), and
1937	(9) of section 322.64, Florida Statutes, are amended to read:
1938	322.64  Holder of commercial driver's license; persons
1939	operating a commercial motor vehicle; driving with unlawful
1940	blood-alcohol level; refusal to submit to breath, urine, or
1941	blood test.--
1942	(1)(a)  A law enforcement officer or correctional officer
1943	shall, on behalf of the department, disqualify from operating
1944	any commercial motor vehicle a person who while operating or in
1945	actual physical control of a commercial motor vehicle is
1946	arrested for a violation of s. 316.193 , relating to unlawful
1947	blood-alcohol level or breath-alcohol level, or a person who has
1948	refused to submit to a breath, urine, or blood test authorized
1949	by s. 322.63 arising out of the operation or actual physical
1950	control of a commercial motor vehicle. A law enforcement officer
1951	or correctional officer shall, on behalf of the department,
1952	disqualify the holder of a commercial driver's license from
1953	operating any commercial motor vehicle if the licenseholder,
1954	while operating or in actual physical control of a motor
1955	vehicle, is arrested for a violation of s. 316.193, relating to
1956	unlawful blood-alcohol level or breath-alcohol level, or refused
1957	to submit to a breath, urine, or blood test authorized by s.
1958	322.63. Upon disqualification of the person, the officer shall
1959	take the person's driver's license and issue the person a 10-day
1960	temporary permit for the operation of noncommercial vehicles
1961	only if the person is otherwise eligible for the driving
1962	privilege and shall issue the person a notice of
1963	disqualification. If the person has been given a blood, breath,
1964	or urine test, the results of which are not available to the
1965	officer at the time of the arrest, the agency employing the
1966	officer shall transmit such results to the department within 5
1967	days after receipt of the results. If the department then
1968	determines that the person was arrested for a violation of s.
1969	316.193 and that the person had a blood-alcohol level or breath-
1970	alcohol level of 0.08 or higher, the department shall disqualify
1971	the person from operating a commercial motor vehicle pursuant to
1972	subsection (3).
1973	(b)  The disqualification under paragraph (a) shall be
1974	pursuant to, and the notice of disqualification shall inform the
1975	driver of, the following:
1976	1.a.  The driver refused to submit to a lawful breath,
1977	blood, or urine test and he or she is disqualified from
1978	operating a commercial motor vehicle for a period of 1 year, for
1979	a first refusal, or permanently, if he or she has previously
1980	been disqualified as a result of a refusal to submit to such a
1981	test; or
1982	b.  The driver was driving or in actual physical control of
1983	a commercial motor vehicle, or any motor vehicle if the driver
1984	holds a commercial driver's license, had an unlawful blood-
1985	alcohol level or breath-alcohol level of 0.08 or higher, and his
1986	or her driving privilege shall be disqualified for a period of 6
1987	months for a first offense or for a period of 1 year if his or
1988	her driving privilege has been previously disqualified under
1989	this section violated s. 316.193 by driving with an unlawful
1990	blood-alcohol level and he or she is disqualified from operating
1991	a commercial motor vehicle for a period of 6 months for a first
1992	offense or for a period of 1 year if he or she has previously
1993	been disqualified, or his or her driving privilege has been
1994	previously suspended, for a violation of s. 316.193.
1995	2.  The disqualification period for operating commercial
1996	vehicles shall commence on the date of arrest or issuance of the
1997	notice of disqualification, whichever is later.
1998	3.  The driver may request a formal or informal review of
1999	the disqualification by the department within 10 days after the
2000	date of arrest or issuance of the notice of disqualification,
2001	whichever is later.
2002	4.  The temporary permit issued at the time of arrest or
2003	disqualification expires will expire at midnight of the 10th day
2004	following the date of disqualification.
2005	5.  The driver may submit to the department any materials
2006	relevant to the disqualification arrest.
2007	(2)  Except as provided in paragraph (1)(a), the law
2008	enforcement officer shall forward to the department, within 5
2009	days after the date of the arrest or the issuance of the notice
2010	of disqualification, whichever is later, a copy of the notice of
2011	disqualification, the driver's license of the person
2012	disqualified arrested, and a report of the arrest, including, if
2013	applicable, an affidavit stating the officer's grounds for
2014	belief that the person disqualified arrested was operating or in
2015	actual physical control of a commercial motor vehicle, or holds
2016	a commercial driver's license, and had an unlawful blood-alcohol
2017	or breath-alcohol level in violation of s.316.193; the results
2018	of any breath or blood or urine test or an affidavit stating
2019	that a breath, blood, or urine test was requested by a law
2020	enforcement officer or correctional officer and that the person
2021	arrested refused to submit; a copy of the notice of
2022	disqualification citation issued to the person arrested; and the
2023	officer's description of the person's field sobriety test, if
2024	any. The failure of the officer to submit materials within the
2025	5-day period specified in this subsection or subsection (1) does
2026	shall not affect the department's ability to consider any
2027	evidence submitted at or prior to the hearing. The officer may
2028	also submit a copy of a videotape of the field sobriety test or
2029	the attempt to administer such test and a copy of the crash
2030	report, if any.
2031	(4)  If the person disqualified arrested requests an
2032	informal review pursuant to subparagraph (1)(b)3., the
2033	department shall conduct the informal review by a hearing
2034	officer employed by the department. Such informal review hearing
2035	shall consist solely of an examination by the department of the
2036	materials submitted by a law enforcement officer or correctional
2037	officer and by the person disqualified arrested, and the
2038	presence of an officer or witness is not required.
2039	(6)(a)  If the person disqualified arrested requests a
2040	formal review, the department must schedule a hearing to be held
2041	within 30 days after such request is received by the department
2042	and must notify the person of the date, time, and place of the
2043	hearing.
2044	(b)  Such formal review hearing shall be held before a
2045	hearing officer employed by the department, and the hearing
2046	officer shall be authorized to administer oaths, examine
2047	witnesses and take testimony, receive relevant evidence, issue
2048	subpoenas for the officers and witnesses identified in documents
2049	as provided in subsection (2), regulate the course and conduct
2050	of the hearing, and make a ruling on the disqualification. The
2051	department and the person disqualified arrested may subpoena
2052	witnesses, and the party requesting the presence of a witness
2053	shall be responsible for the payment of any witness fees. If the
2054	person who requests a formal review hearing fails to appear and
2055	the hearing officer finds such failure to be without just cause,
2056	the right to a formal hearing is waived and the department shall
2057	conduct an informal review of the disqualification under
2058	subsection (4).
2059	(c)  A party may seek enforcement of a subpoena under
2060	paragraph (b) by filing a petition for enforcement in the
2061	circuit court of the judicial circuit in which the person
2062	failing to comply with the subpoena resides. A failure to comply
2063	with an order of the court shall result in a finding of contempt
2064	of court. However, a person shall not be in contempt while a
2065	subpoena is being challenged.
2066	(d)  The department must, within 7 days after a formal
2067	review hearing, send notice to the person of the hearing
2068	officer's decision as to whether sufficient cause exists to
2069	sustain, amend, or invalidate the disqualification.
2070	(7)  In a formal review hearing under subsection (6) or an
2071	informal review hearing under subsection (4), the hearing
2072	officer shall determine by a preponderance of the evidence
2073	whether sufficient cause exists to sustain, amend, or invalidate
2074	the disqualification. The scope of the review shall be limited
2075	to the following issues:
2076	(a)  If the person was disqualified from operating a
2077	commercial motor vehicle for driving with an unlawful blood-
2078	alcohol level in violation of s. 316.193:
2079	1.  Whether the arresting law enforcement officer had
2080	probable cause to believe that the person was driving or in
2081	actual physical control of a commercial motor vehicle, or any
2082	motor vehicle if the driver holds a commercial driver's license,
2083	in this state while he or she had any alcohol, chemical
2084	substances, or controlled substances in his or her body.
2085	2.  Whether the person was placed under lawful arrest for a
2086	violation of s. 316.193.
2087	2.3.  Whether the person had an unlawful blood-alcohol
2088	level or breath-alcohol level of 0.08 or higher as provided in
2089	s. 316.193.
2090	(b)  If the person was disqualified from operating a
2091	commercial motor vehicle for refusal to submit to a breath,
2092	blood, or urine test:
2093	1.  Whether the law enforcement officer had probable cause
2094	to believe that the person was driving or in actual physical
2095	control of a commercial motor vehicle, or any motor vehicle if
2096	the driver holds a commercial driver's license, in this state
2097	while he or she had any alcohol, chemical substances, or
2098	controlled substances in his or her body.
2099	2.  Whether the person refused to submit to the test after
2100	being requested to do so by a law enforcement officer or
2101	correctional officer.
2102	3.  Whether the person was told that if he or she refused
2103	to submit to such test he or she would be disqualified from
2104	operating a commercial motor vehicle for a period of 1 year or,
2105	in the case of a second refusal, permanently.
2106	(8)  Based on the determination of the hearing officer
2107	pursuant to subsection (7) for both informal hearings under
2108	subsection (4) and formal hearings under subsection (6), the
2109	department shall:
2110	(a)  Sustain the disqualification for a period of 1 year
2111	for a first refusal, or permanently if such person has been
2112	previously disqualified from operating a commercial motor
2113	vehicle as a result of a refusal to submit to such tests. The
2114	disqualification period commences on the date of the arrest or
2115	issuance of the notice of disqualification, whichever is later.
2116	(b)  Sustain the disqualification:
2117	1.  For a period of 6 months if the person was driving or
2118	in actual physical control of a commercial motor vehicle, or any
2119	motor vehicle if the driver holds a commercial driver's license,
2120	and had an unlawful blood-alcohol level or breath-alcohol level
2121	of 0.08 or higher; for a violation of s. 316.193 or
2122	2.  For a period of 1 year if the person has been
2123	previously disqualified from operating a commercial motor
2124	vehicle or his or her driving privilege has been previously
2125	suspended for driving or being in actual physical control of a
2126	commercial motor vehicle, or any motor vehicle if the driver
2127	holds a commercial driver's license, and had an unlawful blood-
2128	alcohol level or breath-alcohol level of 0.08 or higher as a
2129	result of a violation of s. 316.193.
2130
2131	The disqualification period commences on the date of the arrest
2132	or issuance of the notice of disqualification, whichever is
2133	later.
2134	(9)  A request for a formal review hearing or an informal
2135	review hearing shall not stay the disqualification. If the
2136	department fails to schedule the formal review hearing to be
2137	held within 30 days after receipt of the request therefor, the
2138	department shall invalidate the disqualification. If the
2139	scheduled hearing is continued at the department's initiative,
2140	the department shall issue a temporary driving permit limited to
2141	noncommercial vehicles which shall be valid until the hearing is
2142	conducted if the person is otherwise eligible for the driving
2143	privilege. Such permit shall not be issued to a person who
2144	sought and obtained a continuance of the hearing. The permit
2145	issued under this subsection shall authorize driving for
2146	business purposes or employment use only.
2147	Section 48.  Subsection (10) of section 324.021, Florida
2148	Statutes, is amended to read:
2149	324.021  Definitions; minimum insurance required.--The
2150	following words and phrases when used in this chapter shall, for
2151	the purpose of this chapter, have the meanings respectively
2152	ascribed to them in this section, except in those instances
2153	where the context clearly indicates a different meaning:
2154	(10)  JUDGMENT.--Any judgment becoming which shall have
2155	become final by expiration without appeal of the time within
2156	which an appeal might have been perfected, or by final
2157	affirmation on appeal, rendered by a court of competent
2158	jurisdiction of any state or of the United States upon a cause
2159	of action arising out of the ownership, maintenance, or use of
2160	any motor vehicle for damages, including damages for care and
2161	loss of services because of bodily injury to or death of any
2162	person, or for damages because of injury to or destruction of
2163	property, including the loss of use thereof, or upon a cause of
2164	action on an agreement of settlement for such damage.
2165	Section 49.  Subsection (19) of section 501.976, Florida
2166	Statutes, is amended to read:
2167	501.976  Actionable, unfair, or deceptive acts or
2168	practices.--It is an unfair or deceptive act or practice,
2169	actionable under the Florida Deceptive and Unfair Trade
2170	Practices Act, for a dealer to:
2171	(19)  Fail to disclose damage to a new motor vehicle, as
2172	defined in s. 319.001(9)(8), of which the dealer had actual
2173	knowledge, if the dealer's actual cost of repairs exceeds the
2174	threshold amount, excluding replacement items.
2175
2176	In any civil litigation resulting from a violation of this
2177	section, when evaluating the reasonableness of an award of
2178	attorney's fees to a private person, the trial court shall
2179	consider the amount of actual damages in relation to the time
2180	spent.
2181	Section 50.  Effective July 1, 2008, except for specialty
2182	license plates approved before or during the 2008 Legislative
2183	session, the Department of Highway Safety and Motor Vehicles may
2184	not issue any new specialty license plates pursuant to ss.
2185	320.08056 and 320.08058, Florida Statutes, between July 1, 2008,
2186	and July 1, 2011.
2187	Section 51.  Joseph P. Bertrand Building designated;
2188	Department of Highway Safety and Motor Vehicles to erect
2189	suitable markers.--
2190	(1)  The Regional Transportation Management Center in the
2191	City of Fort Myers in Lee County is designated the "Joseph P.
2192	Bertrand Building."
2193	(2)  The Department of Highway Safety and Motor Vehicles is
2194	directed to erect suitable markers designating the "Joseph P.
2195	Bertrand Building" as described in subsection (1).
2196	Section 52.  Except as otherwise expressly provided in this
2197	act and except for this section, which shall take effect July 1,
2198	2008, this act shall take effect October 1, 2008.

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