Amendment
Bill No. CS/CS/CS/SB 1992

Amendment No. 615905

CHAMBER ACTION
Senate		House
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1	Representative Glorioso offered the following:
2	Amendment (with title amendment)
3	Remove everything after the enacting clause and insert:
4	Section 1.  Section 316.0741, Florida Statutes, is amended
5	to read:
6	316.0741  High-occupancy-vehicle High occupancy vehicle
7	lanes.--
8	(1)  As used in this section, the term:
9	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
10	or "HOV lane" means a lane of a public roadway designated for
11	use by vehicles in which there is more than one occupant unless
12	otherwise authorized by federal law.
13	(b)  "Hybrid vehicle" means a motor vehicle:
14	1.  That draws propulsion energy from onboard sources of
15	stored energy which are both an internal combustion or heat
16	engine using combustible fuel and a rechargeable energy-storage
17	system; and
18	2.  That, in the case of a passenger automobile or light
19	truck, has received a certificate of conformity under the Clean
20	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
21	equivalent qualifying California standards for a low-emission
22	vehicle.
23	(2)  The number of persons that must be in a vehicle to
24	qualify for legal use of the HOV lane and the hours during which
25	the lane will serve as an HOV lane, if it is not designated as
26	such on a full-time basis, must also be indicated on a traffic
27	control device.
28	(3)  Except as provided in subsection (4), a vehicle may
29	not be driven in an HOV lane if the vehicle is occupied by fewer
30	than the number of occupants indicated by a traffic control
31	device. A driver who violates this section shall be cited for a
32	moving violation, punishable as provided in chapter 318.
33	(4)(a)  Notwithstanding any other provision of this
34	section, an inherently low-emission vehicle (ILEV) that is
35	certified and labeled in accordance with federal regulations may
36	be driven in an HOV lane at any time, regardless of its
37	occupancy. In addition, upon the state's receipt of written
38	notice from the proper federal regulatory agency authorizing
39	such use, a vehicle defined as a hybrid vehicle under this
40	section may be driven in an HOV lane at any time, regardless of
41	its occupancy.
42	(b)  All eligible hybrid and all eligible other low-
43	emission and energy-efficient vehicles driven in an HOV lane
44	must comply with the minimum fuel economy standards in 23 U.S.C.
45	s. 166(f)(3)(B).
46	(c)  Upon issuance of the applicable United States
47	Environmental Protection Agency final rule pursuant to 23 U.S.C.
48	s. 166(e), relating to the eligibility of hybrid and other low-
49	emission and energy-efficient vehicles for operation in an HOV
50	lane, regardless of occupancy, the Department of Transportation
51	shall review the rule and recommend to the Legislature any
52	statutory changes necessary for compliance with the federal
53	rule. The department shall provide its recommendations no later
54	than 30 days following issuance of the final rule.
55	(5)  The department shall issue a decal and registration
56	certificate, to be renewed annually, reflecting the HOV lane
57	designation on such vehicles meeting the criteria in subsection
58	(4) authorizing driving in an HOV lane at any time such use. The
59	department may charge a fee for a decal, not to exceed the costs
60	of designing, producing, and distributing each decal, or $5,
61	whichever is less. The proceeds from sale of the decals shall be
62	deposited in the Highway Safety Operating Trust Fund. The
63	department may, for reasons of operation and management of HOV
64	facilities, limit or discontinue issuance of decals for the use
65	of HOV facilities by hybrid and low-emission and energy-
66	efficient vehicles, regardless of occupancy, if it has been
67	determined by the Department of Transportation that the
68	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
69	(6)  Vehicles having decals by virtue of compliance with
70	the minimum fuel economy standards under 23 U.S.C. s.
71	166(f)(3)(B), and which are registered for use in high-occupancy
72	toll lanes or express lanes in accordance with Department of
73	Transportation rule, shall be allowed to use any HOV lanes
74	redesignated as high-occupancy toll lanes or express lanes
75	without payment of a toll.
76	(5)  As used in this section, the term "hybrid vehicle"
77	means a motor vehicle:
78	(a)  That draws propulsion energy from onboard sources of
79	stored energy which are both:
80	1.  An internal combustion or heat engine using combustible
81	fuel; and
82	2.  A rechargeable energy storage system; and
83	(b)  That, in the case of a passenger automobile or light
84	truck:
85	1.  Has received a certificate of conformity under the
86	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
87	2.  Meets or exceeds the equivalent qualifying California
88	standards for a low-emission vehicle.
89	(7)(6)  The department may adopt rules necessary to
90	administer this section.
91	Section 2.  Paragraph (b) of subsection (1) of section
92	316.1575, Florida Statutes, is amended to read:
93	316.1575  Obedience to traffic control devices at railroad-
94	highway grade crossings.--
95	(1)  Any person walking or driving a vehicle and
96	approaching a railroad-highway grade crossing under any of the
97	circumstances stated in this section shall stop within 50 feet
98	but not less than 15 feet from the nearest rail of such railroad
99	and shall not proceed until he or she can do so safely. The
100	foregoing requirements apply when:
101	(b)  A crossing gate is lowered or a law enforcement
102	officer or a human flagger gives or continues to give a signal
103	of the approach or passage of a railroad train;
104	Section 3.  Effective July 1, 2008, subsection (6) of
105	section 316.1895, Florida Statutes, is amended to read:
106	316.1895  Establishment of school speed zones, enforcement;
107	designation.--
108	(6)  Permanent signs designating school zones and school
109	zone speed limits shall be uniform in size and color, and shall
110	have the times during which the restrictive speed limit is
111	enforced clearly designated thereon. Flashing beacons activated
112	by a time clock, or other automatic device, or manually
113	activated may be used as an alternative to posting the times
114	during which the restrictive school speed limit is enforced.
115	Beginning July 1, 2008, for any newly established school zone or
116	any school zone in which the signing has been replaced, a sign
117	stating "Speeding Fines Doubled" shall be installed within the
118	school zone. The Department of Transportation shall establish
119	adequate standards for the signs and flashing beacons.
120	Section 4.  Subsection (4) of section 316.193, Florida
121	Statutes, is amended to read:
122	316.193  Driving under the influence; penalties.--
123	(4)  Any person who is convicted of a violation of
124	subsection (1) and who has a blood-alcohol level or breath-
125	alcohol level of 0.15 0.20 or higher, or any person who is
126	convicted of a violation of subsection (1) and who at the time
127	of the offense was accompanied in the vehicle by a person under
128	the age of 18 years, shall be punished:
129	(a)  By a fine of:
130	1.  Not less than $500 or more than $1,000 for a first
131	conviction.
132	2.  Not less than $1,000 or more than $2,000 for a second
133	conviction.
134	3.  Not less than $2,000 for a third or subsequent
135	conviction.
136	(b)  By imprisonment for:
137	1.  Not more than 9 months for a first conviction.
138	2.  Not more than 12 months for a second conviction.
139
140	For the purposes of this subsection, only the instant offense is
141	required to be a violation of subsection (1) by a person who has
142	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
143	higher.
144	(c)  In addition to the penalties in paragraphs (a) and
145	(b), the court shall order the mandatory placement, at the
146	convicted person's sole expense, of an ignition interlock device
147	approved by the department in accordance with s. 316.1938 upon
148	all vehicles that are individually or jointly leased or owned
149	and routinely operated by the convicted person for not less than
150	up to 6 continuous months for the first offense and for not less
151	than at least 2 continuous years for a second offense, when the
152	convicted person qualifies for a permanent or restricted
153	license. The installation of such device may not occur before
154	July 1, 2003.
155	Section 5.  Subsection (1) of section 316.1937, Florida
156	Statutes, is amended to read:
157	316.1937  Ignition interlock devices, requiring; unlawful
158	acts.--
159	(1)  In addition to any other authorized penalties, the
160	court may require that any person who is convicted of driving
161	under the influence in violation of s. 316.193 shall not operate
162	a motor vehicle unless that vehicle is equipped with a
163	functioning ignition interlock device certified by the
164	department as provided in s. 316.1938, and installed in such a
165	manner that the vehicle will not start if the operator's blood
166	alcohol level is in excess of 0.05 percent or as otherwise
167	specified by the court. The court may require the use of an
168	approved ignition interlock device for a period of not less than
169	6 continuous months, if the person is permitted to operate a
170	motor vehicle, whether or not the privilege to operate a motor
171	vehicle is restricted, as determined by the court. The court,
172	however, shall order placement of an ignition interlock device
173	in those circumstances required by s. 316.193.
174	Section 6.  Subsections (1) and (2) of section 316.2397,
175	Florida Statutes, are amended to read:
176	316.2397  Certain lights prohibited; exceptions.--
177	(1)  A No person may not shall drive or move or cause to be
178	moved any vehicle or equipment upon any highway within this
179	state with any lamp or device thereon showing or displaying a
180	red or blue light visible from directly in front thereof except
181	for certain vehicles hereinafter provided.
182	(2)  It is expressly prohibited for any vehicle or
183	equipment, except police vehicles, to show or display blue
184	lights. However, vehicles owned, operated, or leased by the
185	Department of Corrections or any county correctional agency may
186	show or display blue lights when responding to emergencies.
187	Section 7.  Subsection (2) of section 316.251, Florida
188	Statutes, is amended to read:
189	316.251  Maximum bumper heights.--
190	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
191	"antique automobiles" as defined in s. 320.08, "horseless
192	carriages" as defined in s. 320.086, and "street rods" as
193	defined in s. 320.0863 shall be excluded from the requirements
194	of this section.
195	Section 8.  Paragraph (b) of subsection (1) and subsections
196	(6) and (8) of section 316.302, Florida Statutes, are amended to
197	read:
198	316.302  Commercial motor vehicles; safety regulations;
199	transporters and shippers of hazardous materials; enforcement.--
200	(1)
201	(b)  Except as otherwise provided in this section, all
202	owners or drivers of commercial motor vehicles that are engaged
203	in intrastate commerce are subject to the rules and regulations
204	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
205	exception of 49 C.F.R. s. 390.5 as it relates to the definition
206	of bus, as such rules and regulations existed on October 1, 2007
207	2005.
208	(6)  The state Department of Transportation shall perform
209	the duties that are assigned to the Field Administrator, Federal
210	Motor Carrier Safety Administration Regional Federal Highway
211	Administrator under the federal rules, and an agent of that
212	department, as described in s. 316.545(9), may enforce those
213	rules.
214	(8)  For the purpose of enforcing this section, any law
215	enforcement officer of the Department of Transportation or duly
216	appointed agent who holds a current safety inspector
217	certification from the Commercial Vehicle Safety Alliance may
218	require the driver of any commercial vehicle operated on the
219	highways of this state to stop and submit to an inspection of
220	the vehicle or the driver's records. If the vehicle or driver is
221	found to be operating in an unsafe condition, or if any required
222	part or equipment is not present or is not in proper repair or
223	adjustment, and the continued operation would present an unduly
224	hazardous operating condition, the officer may require the
225	vehicle or the driver to be removed from service pursuant to the
226	North American Standard Uniform Out-of-Service Criteria, until
227	corrected. However, if continuous operation would not present an
228	unduly hazardous operating condition, the officer may give
229	written notice requiring correction of the condition within 14
230	days.
231	(a)  Any member of the Florida Highway Patrol or any law
232	enforcement officer employed by a sheriff's office or municipal
233	police department authorized to enforce the traffic laws of this
234	state pursuant to s. 316.640 who has reason to believe that a
235	vehicle or driver is operating in an unsafe condition may, as
236	provided in subsection (10), enforce the provisions of this
237	section.
238	(b)  Any person who fails to comply with an officer's
239	request to submit to an inspection under this subsection commits
240	a violation of s. 843.02 if the person resists the officer
241	without violence or a violation of s. 843.01 if the person
242	resists the officer with violence.
243	Section 9.  Subsection (2) of section 316.613, Florida
244	Statutes, is amended to read:
245	316.613  Child restraint requirements.--
246	(2)  As used in this section, the term "motor vehicle"
247	means a motor vehicle as defined in s. 316.003 that is operated
248	on the roadways, streets, and highways of the state. The term
249	does not include:
250	(a)  A school bus as defined in s. 316.003(45).
251	(b)  A bus used for the transportation of persons for
252	compensation, other than a bus regularly used to transport
253	children to or from school, as defined in s. 316.615(1) (b), or
254	in conjunction with school activities.
255	(c)  A farm tractor or implement of husbandry.
256	(d)  A truck having a gross vehicle weight rating of more
257	than 26,000 of net weight of more than 5,000 pounds.
258	(e)  A motorcycle, moped, or bicycle.
259	Section 10.  Paragraph (a) of subsection (3) of section
260	316.614, Florida Statutes, is amended to read:
261	316.614  Safety belt usage.--
262	(3)  As used in this section:
263	(a)  "Motor vehicle" means a motor vehicle as defined in s.
264	316.003 which that is operated on the roadways, streets, and
265	highways of this state. The term does not include:
266	1.  A school bus.
267	2.  A bus used for the transportation of persons for
268	compensation.
269	3.  A farm tractor or implement of husbandry.
270	4.  A truck having a gross vehicle weight rating of more
271	than 26,000 of a net weight of more than 5,000 pounds.
272	5.  A motorcycle, moped, or bicycle.
273	Section 11.  Section 316.645, Florida Statutes, is amended
274	to read:
275	316.645  Arrest authority of officer at scene of a traffic
276	crash.--A police officer who makes an investigation at the scene
277	of a traffic crash may arrest any driver of a vehicle involved
278	in the crash when, based upon personal investigation, the
279	officer has reasonable and probable grounds to believe that the
280	person has committed any offense under the provisions of this
281	chapter, chapter 320, or chapter 322 in connection with the
282	crash.
283	Section 12.  Subsections (1), (3), (4), (5), (6), and (7)
284	of section 316.650, Florida Statutes, are amended to read:
285	316.650  Traffic citations.--
286	(1)(a)  The department shall prepare, and supply to every
287	traffic enforcement agency in this state, an appropriate form
288	traffic citation that contains containing a notice to appear, is
289	(which shall be issued in prenumbered books, meets with
290	citations in quintuplicate) and meeting the requirements of this
291	chapter or any laws of this state regulating traffic, and is
292	which form shall be consistent with the state traffic court
293	rules and the procedures established by the department. The form
294	shall include a box that which is to be checked by the law
295	enforcement officer when the officer believes that the traffic
296	violation or crash was due to aggressive careless driving as
297	defined in s. 316.1923. The form shall also include a box that
298	which is to be checked by the law enforcement officer when the
299	officer writes a uniform traffic citation for a violation of s.
300	316.074(1) or s. 316.075(1)(c)1. as a result of the driver
301	failing to stop at a traffic signal.
302	(b)  The department shall prepare, and supply to every
303	traffic enforcement agency in the state, an appropriate
304	affidavit-of-compliance form that which shall be issued along
305	with the form traffic citation for any violation of s. 316.610
306	and that indicates which shall indicate the specific defect
307	needing which needs to be corrected. However, such affidavit of
308	compliance shall not be issued in the case of a violation of s.
309	316.610 by a commercial motor vehicle as defined in s.
310	316.003(66). Such affidavit-of-compliance form shall be
311	distributed in the same manner and to the same parties as is the
312	form traffic citation.
313	(c)  Notwithstanding paragraphs (a) and (b), a traffic
314	enforcement agency may produce uniform traffic citations by
315	electronic means. Such citations must be consistent with the
316	state traffic court rules and the procedures established by the
317	department and; must be appropriately numbered and inventoried;
318	and may have fewer copies than the quintuplicate form.
319	Affidavit-of-compliance forms may also be produced by electronic
320	means.
321	(d)  The department must distribute to every traffic
322	enforcement agency and to any others who request it, a traffic
323	infraction reference guide describing the class of the traffic
324	infraction, the penalty for the infraction, the points to be
325	assessed on a driver's record license, and any other information
326	necessary to describe a violation and the penalties therefor.
327	(3)(a)  Except for a traffic citation issued pursuant to s.
328	316.1001, each traffic enforcement officer, upon issuing a
329	traffic citation to an alleged violator of any provision of the
330	motor vehicle laws of this state or of any traffic ordinance of
331	any municipality city or town, shall deposit the original and
332	one copy of such traffic citation or, in the case of a traffic
333	enforcement agency that which has an automated citation issuance
334	system, the chief administrative officer shall provide by an
335	electronic transmission a replica of the citation data to
336	facsimile with a court having jurisdiction over the alleged
337	offense or with its traffic violations bureau within 5 days
338	after issuance to the violator.
339	(b)  If a traffic citation is issued pursuant to s.
340	316.1001, a traffic enforcement officer may deposit the original
341	and one copy of such traffic citation or, in the case of a
342	traffic enforcement agency that has an automated citation
343	system, may provide by an electronic transmission a replica of
344	the citation data to facsimile with a court having jurisdiction
345	over the alleged offense or with its traffic violations bureau
346	within 45 days after the date of issuance of the citation to the
347	violator. If the person cited for the violation of s. 316.1001
348	makes the election provided by s. 318.14(12) and pays the $25
349	fine, or such other amount as imposed by the governmental entity
350	owning the applicable toll facility, plus the amount of the
351	unpaid toll that is shown on the traffic citation directly to
352	the governmental entity that issued the citation, or on whose
353	behalf the citation was issued, in accordance with s.
354	318.14(12), the traffic citation will not be submitted to the
355	court, the disposition will be reported to the department by the
356	governmental entity that issued the citation, or on whose behalf
357	the citation was issued, and no points will be assessed against
358	the person's driver's license.
359	(4)  The chief administrative officer of every traffic
360	enforcement agency shall require the return to him or her of the
361	officer-agency department record copy of every traffic citation
362	issued by an officer under the chief administrative officer's
363	supervision to an alleged violator of any traffic law or
364	ordinance and of all copies of every traffic citation that which
365	has been spoiled or upon which any entry has been made and not
366	issued to an alleged violator. In the case of a traffic
367	enforcement agency that which has an automated citation issuance
368	system, the chief administrative officer shall require the
369	return of all electronic traffic citation records.
370	(5)  Upon the deposit of the original and one copy of such
371	traffic citation or upon deposit of an electronic transmission
372	of a replica of citation data facsimile of the traffic citation
373	with respect to traffic enforcement agencies that which have an
374	automated citation issuance system with a court having
375	jurisdiction over the alleged offense or with its traffic
376	violations bureau as aforesaid, the original citation, the
377	electronic citation containing a replica of citation data
378	facsimile, or a copy of such traffic citation may be disposed of
379	only by trial in the court or other official action by a judge
380	of the court, including forfeiture of the bail, or by the
381	deposit of sufficient bail with, or payment of a fine to, the
382	traffic violations bureau by the person to whom such traffic
383	citation has been issued by the traffic enforcement officer.
384	(6)  The chief administrative officer shall transmit, on a
385	form approved by the department, the department record copy of
386	the uniform traffic citation to the department within 5 days
387	after submission of the original, groups of issued citations and
388	one copy to the court, or citation and transmittal data to the
389	court. Batches of electronic citations containing a replica of
390	citation data may be transmitted to the court department in an
391	electronic automated fashion, in a format form prescribed by the
392	department within 5 days after issuance to the violator. A copy
393	of such transmittal shall also be provided to the court having
394	jurisdiction for accountability purposes.
395	(7)  The chief administrative officer shall also maintain
396	or cause to be maintained in connection with every traffic
397	citation issued by an officer under his or her supervision a
398	record of the disposition of the charge by the court or its
399	traffic violations bureau in which the original or copy of the
400	traffic citation or electronic citation was deposited.
401	Section 13.  Paragraph (a) of subsection (2) of section
402	316.656, Florida Statutes, is amended to read:
403	316.656  Mandatory adjudication; prohibition against
404	accepting plea to lesser included offense.--
405	(2)(a)  No trial judge may accept a plea of guilty to a
406	lesser offense from a person charged under the provisions of
407	this act who has been given a breath or blood test to determine
408	blood or breath alcohol content, the results of which show a
409	blood or breath alcohol content by weight of 0.15 0.20 percent
410	or more.
411	Section 14.  Subsection (9) of section 318.14, Florida
412	Statutes, is amended to read:
413	318.14  Noncriminal traffic infractions; exception;
414	procedures.--
415	(9)  Any person who does not hold a commercial driver's
416	license and who is cited for an infraction under this section
417	other than a violation of s. 316.183(2), s. 316.187, or s.
418	316.189 when the driver exceeds the posted limit by 30 miles per
419	hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
420	s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
421	appearance, elect to attend in the location of his or her choice
422	within this state a basic driver improvement course approved by
423	the Department of Highway Safety and Motor Vehicles. In such a
424	case, adjudication must be withheld; points, as provided by s.
425	322.27, may not be assessed; and the civil penalty that is
426	imposed by s. 318.18(3) must be reduced by 18 percent; however,
427	a person may not make an election under this subsection if the
428	person has made an election under this subsection in the
429	preceding 12 months. A person may make no more than five
430	elections within 10 years under this subsection. The requirement
431	for community service under s. 318.18(8) is not waived by a plea
432	of nolo contendere or by the withholding of adjudication of
433	guilt by a court.
434	Section 15.  Subsections (1) through (11) of section
435	319.001, Florida Statutes, are renumbered as subsections (2)
436	through (12), respectively, and a new subsection (1) is added to
437	that section to read:
438	319.001  Definitions.--As used in this chapter, the term:
439	(1)  "Certificate of title" means the record that is
440	evidence of ownership of a vehicle, whether a paper certificate
441	authorized by the department or a certificate consisting of
442	information that is stored in an electronic form in the
443	department's database.
444	Section 16.  Subsection (27) of section 320.01, Florida
445	Statutes, is amended to read:
446	320.01  Definitions, general.--As used in the Florida
447	Statutes, except as otherwise provided, the term:
448	(27)  "Motorcycle" means any motor vehicle having a seat or
449	saddle for the use of the rider and designed to travel on not
450	more than three wheels in contact with the ground, but excluding
451	a tractor, or a moped, or a vehicle in which the operator is
452	enclosed by a cabin.
453	Section 17.  Effective July 1, 2008, subsection (1) of
454	section 320.02, Florida Statutes, as amended by section 28 of
455	chapter 2006-290, Laws of Florida, is amended to read:
456	320.02  Registration required; application for
457	registration; forms.--
458	(1)  Except as otherwise provided in this chapter, every
459	owner or person in charge of a motor vehicle that is operated or
460	driven on the roads of this state shall register the vehicle in
461	this state. The owner or person in charge shall apply to the
462	department or to its authorized agent for registration of each
463	such vehicle on a form prescribed by the department. Prior to
464	the original registration of a motorcycle, motor-driven cycle,
465	or moped, the owner, if a natural person, must present proof
466	that he or she has a valid motorcycle endorsement as required in
467	chapter 322. A registration is not required for any motor
468	vehicle that is not operated on the roads of this state during
469	the registration period.
470	Section 18.  Subsection (13) of section 320.02, Florida
471	Statutes, is repealed.
472	Section 19.  Section 320.0706, Florida Statutes, is amended
473	to read:
474	320.0706  Display of license plates on trucks.--The owner
475	of any commercial truck of gross vehicle weight of 26,001 pounds
476	or more shall display the registration license plate on both the
477	front and rear of the truck in conformance with all the
478	requirements of s. 316.605 that do not conflict with this
479	section. The owner of a dump truck may place the rear license
480	plate on the gate no higher than 60 inches to allow for better
481	visibility. However, the owner of a truck tractor shall be
482	required to display the registration license plate only on the
483	front of such vehicle. A violation of this section is a
484	noncriminal traffic infraction, punishable as a moving violation
485	as provided in chapter 318.
486	Section 20.  Subsection (4) of section 320.0715, Florida
487	Statutes, is amended to read:
488	320.0715  International Registration Plan; motor carrier
489	services; permits; retention of records.--
490	(4)  Each motor carrier registered under the International
491	Registration Plan shall maintain and keep, for a period of 4
492	years, pertinent records and papers as may be required by the
493	department for the reasonable administration of this chapter.
494	(a)  The department shall withhold registrations and
495	license plates for commercial motor vehicles unless the
496	identifying number issued by the federal agency responsible for
497	motor carrier safety is provided for the motor carrier and the
498	entity responsible for motor carrier safety for each motor
499	vehicle as part of the application process.
500	(b)  The department may not issue a commercial motor
501	vehicle registration or license plate to, and may not transfer
502	the commercial motor vehicle registration or license plate for,
503	a motor carrier or vehicle owner who has been prohibited from
504	operating by a federal or state agency responsible for motor
505	carrier safety.
506	(c)  The department, with notice, shall suspend any
507	commercial motor vehicle registration and license plate issued
508	to a motor carrier or vehicle owner who has been prohibited from
509	operating by a federal or state agency responsible for motor
510	carrier safety.
511	Section 21.  Subsection (3) of section 320.08053, Florida
512	Statutes, is amended to read:
513	320.08053  Requirements for requests to establish specialty
514	license plates.--
515	(3)  The department shall adopt rules providing viewpoint-
516	neutral specifications for the design of specialty license
517	plates that promote or enhance the readability of all specialty
518	license plates and that discourage counterfeiting. The rules
519	shall provide uniform specifications requiring inclusion of the
520	word "Florida" in the same location on each specialty license
521	plate, in such a size and location that is clearly identifiable
522	on the specialty license plate when mounted on a vehicle, and
523	shall provide specifications for the size and location of any
524	words or logos appearing on a specialty license plate.
525	Section 22.  Paragraph (a) of subsection (4) of section
526	320.0894, Florida Statutes, is amended to read:
527	320.0894  Motor vehicle license plates to Gold Star family
528	members.--The department shall develop a special license plate
529	honoring the family members of servicemembers who have been
530	killed while serving in the Armed Forces of the United States.
531	The license plate shall be officially designated as the Gold
532	Star license plate and shall be developed and issued as provided
533	in this section.
534	(4)(a)1.a.  The Gold Star license plate shall be issued
535	only to family members of a servicemember who resided in Florida
536	at the time of the death of the servicemember.
537	b.  Any family member, as defined in subparagraph 2., of a
538	servicemember killed while serving may be issued a Gold Star
539	license plate upon payment of the license tax and appropriate
540	fees as provided in paragraph (3)(a) without regard to the state
541	of residence of the servicemember.
542	2.  To qualify for issuance of a Gold Star license plate,
543	the applicant must be directly related to a fallen servicemember
544	as spouse, legal mother or father, or stepparent who is
545	currently married to the mother or father of the fallen
546	servicemember.
547	3.  A servicemember is deemed to have been killed while in
548	service as listed by the United States Department of Defense and
549	may be verified from documentation directly from the Department
550	of Defense or from its subordinate agencies, such as the Coast
551	Guard, Reserve, or National Guard.
552	Section 23.  Effective upon this act becoming a law,
553	subsections (4) and (8) of section 320.131, Florida Statutes,
554	are amended, and subsection (9) is added to that section, to
555	read:
556	320.131  Temporary tags.--
557	(4)(a)  Temporary tags shall be conspicuously displayed in
558	the rear license plate bracket or, attached to the inside of the
559	rear window in an upright position so as to be clearly visible
560	from the rear of the vehicle. on vehicles requiring front
561	display of license plates, temporary tags shall be displayed on
562	the front of the vehicle in the location where the metal license
563	plate would normally be displayed.
564	(b)  The department shall designate specifications for the
565	media upon which the temporary tag is printed. Such media shall
566	be either nonpermeable or subject to weatherproofing so that it
567	maintains its structural integrity, including graphic and data
568	adhesion, in all weather conditions after being placed on a
569	vehicle.
570	(8)  The department shall may administer an electronic
571	system for licensed motor vehicle dealers to use for in issuing
572	temporary tags license plates. Upon issuing a temporary license
573	plate, the dealer shall access the electronic system and enter
574	the appropriate vehicle and owner information within the
575	timeframe specified by department rule. If a dealer fails to
576	comply with the department's requirements for issuing temporary
577	tags license plates using the electronic system, the department
578	may deny, suspend, or revoke a license under s. 320.27(9)(b)16.
579	upon proof that the licensee has failed to comply with the
580	department's requirements. The department may adopt rules to
581	administer this section.
582	(9)(a)  The department shall implement a secure print-on-
583	demand electronic temporary tag registration, record retention,
584	and issue system required for use by every department-authorized
585	issuer of temporary tags by the end of the 2007-2008 fiscal
586	year. Such system shall enable the department to issue, on
587	demand, a temporary tag number in response to a request from the
588	issuer by way of a secure electronic exchange of data and enable
589	the issuer to print the temporary tag that has all required
590	information. A motor vehicle dealer licensed under this chapter
591	may charge a fee to comply with this subsection.
592	(b)  To ensure the continuation of operations for issuers
593	if a system outage occurs, the department shall allow the
594	limited use of a backup manual issuance method during an outage
595	which requires recordkeeping of information as determined by the
596	department and requires the timely electronic reporting of this
597	information to the department.
598	(c)  The department may adopt rules necessary to administer
599	this subsection. Such rules may include exemptions from the
600	requirements of this subsection as required to administer the
601	program, as well as exemptions for issuers who do not require a
602	dealer license under this chapter because of the type or size of
603	vehicle being sold.
604	Section 24.  Subsection (3) and paragraph (b) of subsection
605	(9) of section 320.27, Florida Statutes, is amended to read:
606	320.27  Motor vehicle dealers.--
607	(3)  APPLICATION AND FEE.--The application for the license
608	shall be in such form as may be prescribed by the department and
609	shall be subject to such rules with respect thereto as may be so
610	prescribed by it. Such application shall be verified by oath or
611	affirmation and shall contain a full statement of the name and
612	birth date of the person or persons applying therefor; the name
613	of the firm or copartnership, with the names and places of
614	residence of all members thereof, if such applicant is a firm or
615	copartnership; the names and places of residence of the
616	principal officers, if the applicant is a body corporate or
617	other artificial body; the name of the state under whose laws
618	the corporation is organized; the present and former place or
619	places of residence of the applicant; and prior business in
620	which the applicant has been engaged and the location thereof.
621	Such application shall describe the exact location of the place
622	of business and shall state whether the place of business is
623	owned by the applicant and when acquired, or, if leased, a true
624	copy of the lease shall be attached to the application. The
625	applicant shall certify that the location provides an adequately
626	equipped office and is not a residence; that the location
627	affords sufficient unoccupied space upon and within which
628	adequately to store all motor vehicles offered and displayed for
629	sale; and that the location is a suitable place where the
630	applicant can in good faith carry on such business and keep and
631	maintain books, records, and files necessary to conduct such
632	business, which will be available at all reasonable hours to
633	inspection by the department or any of its inspectors or other
634	employees. The applicant shall certify that the business of a
635	motor vehicle dealer is the principal business which shall be
636	conducted at that location. Such application shall contain a
637	statement that the applicant is either franchised by a
638	manufacturer of motor vehicles, in which case the name of each
639	motor vehicle that the applicant is franchised to sell shall be
640	included, or an independent (nonfranchised) motor vehicle
641	dealer. Such application shall contain such other relevant
642	information as may be required by the department, including
643	evidence that the applicant is insured under a garage liability
644	insurance policy or a general liability insurance policy coupled
645	with a business automobile policy, which shall include, at a
646	minimum, $25,000 combined single-limit liability coverage
647	including bodily injury and property damage protection and
648	$10,000 personal injury protection. Franchise dealers must
649	submit a garage liability insurance policy, and all other
650	dealers must submit a garage liability insurance policy or a
651	general liability insurance policy coupled with a business
652	automobile policy. Such policy shall be for the license period,
653	and evidence of a new or continued policy shall be delivered to
654	the department at the beginning of each license period. Upon
655	making such initial application, the applicant person applying
656	therefor shall pay to the department a fee of $300 in addition
657	to any other fees now required by law; upon making a subsequent
658	renewal application, the applicant person applying therefor
659	shall pay to the department a fee of $75 in addition to any
660	other fees now required by law. Upon making an application for a
661	change of location, the person shall pay a fee of $50 in
662	addition to any other fees now required by law. The department
663	shall, in the case of every application for initial licensure,
664	verify whether certain facts set forth in the application are
665	true. Each applicant, general partner in the case of a
666	partnership, or corporate officer and director in the case of a
667	corporate applicant, must file a set of fingerprints with the
668	department for the purpose of determining any prior criminal
669	record or any outstanding warrants. The department shall submit
670	the fingerprints to the Department of Law Enforcement for state
671	processing and forwarding to the Federal Bureau of Investigation
672	for federal processing. The actual cost of such state and
673	federal processing shall be borne by the applicant and is to be
674	in addition to the fee for licensure. The department may issue a
675	license to an applicant pending the results of the fingerprint
676	investigation, which license is fully revocable if the
677	department subsequently determines that any facts set forth in
678	the application are not true or correctly represented.
679	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
680	(b)  The department may deny, suspend, or revoke any
681	license issued hereunder or under the provisions of s. 320.77 or
682	s. 320.771 upon proof that a licensee has committed, with
683	sufficient frequency so as to establish a pattern of wrongdoing
684	on the part of a licensee, violations of one or more of the
685	following activities:
686	1.  Representation that a demonstrator is a new motor
687	vehicle, or the attempt to sell or the sale of a demonstrator as
688	a new motor vehicle without written notice to the purchaser that
689	the vehicle is a demonstrator. For the purposes of this section,
690	a "demonstrator," a "new motor vehicle," and a "used motor
691	vehicle" shall be defined as under s. 320.60.
692	2.  Unjustifiable refusal to comply with a licensee's
693	responsibility under the terms of the new motor vehicle warranty
694	issued by its respective manufacturer, distributor, or importer.
695	However, if such refusal is at the direction of the
696	manufacturer, distributor, or importer, such refusal shall not
697	be a ground under this section.
698	3.  Misrepresentation or false, deceptive, or misleading
699	statements with regard to the sale or financing of motor
700	vehicles which any motor vehicle dealer has, or causes to have,
701	advertised, printed, displayed, published, distributed,
702	broadcast, televised, or made in any manner with regard to the
703	sale or financing of motor vehicles.
704	4.  Failure by any motor vehicle dealer to provide a
705	customer or purchaser with an odometer disclosure statement and
706	a copy of any bona fide written, executed sales contract or
707	agreement of purchase connected with the purchase of the motor
708	vehicle purchased by the customer or purchaser.
709	5.  Failure of any motor vehicle dealer to comply with the
710	terms of any bona fide written, executed agreement, pursuant to
711	the sale of a motor vehicle.
712	6.  Failure to apply for transfer of a title as prescribed
713	in s. 319.23(6).
714	7.  Use of the dealer license identification number by any
715	person other than the licensed dealer or his or her designee.
716	8.  Failure to continually meet the requirements of the
717	licensure law.
718	9.  Representation to a customer or any advertisement to
719	the public representing or suggesting that a motor vehicle is a
720	new motor vehicle if such vehicle lawfully cannot be titled in
721	the name of the customer or other member of the public by the
722	seller using a manufacturer's statement of origin as permitted
723	in s. 319.23(1).
724	10.  Requirement by any motor vehicle dealer that a
725	customer or purchaser accept equipment on his or her motor
726	vehicle which was not ordered by the customer or purchaser.
727	11.  Requirement by any motor vehicle dealer that any
728	customer or purchaser finance a motor vehicle with a specific
729	financial institution or company.
730	12.  Requirement by any motor vehicle dealer that the
731	purchaser of a motor vehicle contract with the dealer for
732	physical damage insurance.
733	13.  Perpetration of a fraud upon any person as a result of
734	dealing in motor vehicles, including, without limitation, the
735	misrepresentation to any person by the licensee of the
736	licensee's relationship to any manufacturer, importer, or
737	distributor.
738	14.  Violation of any of the provisions of s. 319.35 by any
739	motor vehicle dealer.
740	15.  Sale by a motor vehicle dealer of a vehicle offered in
741	trade by a customer prior to consummation of the sale, exchange,
742	or transfer of a newly acquired vehicle to the customer, unless
743	the customer provides written authorization for the sale of the
744	trade-in vehicle prior to delivery of the newly acquired
745	vehicle.
746	16.  Willful failure to comply with any administrative rule
747	adopted by the department or the provisions of s. 320.131(8).
748	17.  Violation of chapter 319, this chapter, or ss.
749	559.901-559.9221, which has to do with dealing in or repairing
750	motor vehicles or mobile homes. Additionally, in the case of
751	used motor vehicles, the willful violation of the federal law
752	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
753	the consumer sales window form.
754	18.  Failure to maintain evidence of notification to the
755	owner or coowner of a vehicle regarding registration or titling
756	fees owed as required in s. 320.02(16)(17).
757	19.  Failure to register a mobile home salesperson with the
758	department as required by this section.
759	Section 25.  Section 320.96, Florida Statutes, is repealed.
760	Section 26.  Subsections (10) through (44) of section
761	322.01, Florida Statutes, are renumbered as subsections (11)
762	through (45), respectively, present subsections (10), (23), and
763	(29) are amended, and a new subsection (10) is added to that
764	section, to read:
765	322.01  Definitions.--As used in this chapter:
766	(10)  "Convenience service" means any means whereby an
767	individual conducts a transaction with the department other than
768	in person.
769	(11)(10)(a)  "Conviction" means a conviction of an offense
770	relating to the operation of motor vehicles on highways which is
771	a violation of this chapter or any other such law of this state
772	or any other state, including an admission or determination of a
773	noncriminal traffic infraction pursuant to s. 318.14, or a
774	judicial disposition of an offense committed under any federal
775	law substantially conforming to the aforesaid state statutory
776	provisions.
777	(b)  Notwithstanding any other provisions of this chapter,
778	the definition of "conviction" provided in 49 C.F.R. part 383.5
779	applies to offenses committed in a commercial motor vehicle or
780	by a person holding a commercial driver's license.
781	(24)(23)  "Hazardous materials" means any material that has
782	been designated as hazardous under 49 U.S.C. s. 5103 and is
783	required to be placarded under subpart F of 49 C.F.R. part 172
784	or any quantity of a material listed as a select agent or toxin
785	in 42 C.F.R. part 73 has the meaning such term has under s. 103
786	of the Hazardous Materials Transportation Act.
787	(30)(29)  "Out-of-service order" means a prohibition issued
788	by an authorized local, state, or Federal Government official
789	which precludes a person from driving a commercial motor vehicle
790	for a period of 72 hours or less.
791	Section 27.  Subsection (1) of section 322.03, Florida
792	Statutes, is amended to read:
793	322.03  Drivers must be licensed; penalties.--
794	(1)  Except as otherwise authorized in this chapter, a
795	person may not drive any motor vehicle upon a highway in this
796	state unless such person has a valid driver's license under the
797	provisions of this chapter.
798	(a)  A person who drives a commercial motor vehicle shall
799	not receive a driver's license unless and until he or she
800	surrenders to the department all driver's licenses in his or her
801	possession issued to him or her by any other jurisdiction or
802	makes an affidavit that he or she does not possess a driver's
803	license. Any such person who fails to surrender such licenses or
804	who makes a false affidavit concerning such licenses is guilty
805	of a misdemeanor of the first degree, punishable as provided in
806	s. 775.082 or s. 775.083.
807	(b)  A person who does not drive a commercial motor vehicle
808	is not required to surrender a license issued by another
809	jurisdiction, upon a showing to the department that such license
810	is necessary because of employment or part-time residence. Any
811	person who retains a driver's license because of employment or
812	part-time residence shall, upon qualifying for a license in this
813	state, be issued a driver's license which shall be valid within
814	this state only. All surrendered licenses may be returned by the
815	department to the issuing jurisdiction together with information
816	that the licensee is now licensed in a new jurisdiction or may
817	be destroyed by the department, which shall notify the issuing
818	jurisdiction of such destruction. A person may not have more
819	than one valid Florida driver's license at any time.
820	(c)  Part-time residents issued a license pursuant to
821	paragraph (b) may continue to hold such license until the next
822	regularly scheduled renewal. Licenses that are identified as
823	"Valid in Florida only" may not be issued or renewed effective
824	July 1, 2009. This paragraph expires June 30, 2017.
825	Section 28.  Subsections (1) and (2) of section 322.051,
826	Florida Statutes, are amended to read:
827	322.051  Identification cards.--
828	(1)  Any person who is 5 years of age or older, or any
829	person who has a disability, regardless of age, who applies for
830	a disabled parking permit under s. 320.0848, may be issued an
831	identification card by the department upon completion of an
832	application and payment of an application fee.
833	(a)  Each such application shall include the following
834	information regarding the applicant:
835	1.  Full name (first, middle or maiden, and last), gender,
836	proof of social security card number satisfactory to the
837	department, county of residence, and mailing address, proof of
838	residential address satisfactory to the department, country of
839	birth, and a brief description.
840	2.  Proof of birth date satisfactory to the department.
841	3.  Proof of identity satisfactory to the department. Such
842	proof must include one of the following documents issued to the
843	applicant:
844	a.  A driver's license record or identification card record
845	from another jurisdiction that required the applicant to submit
846	a document for identification which is substantially similar to
847	a document required under sub-subparagraph b., sub-subparagraph
848	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
849	f., or sub-subparagraph g., or sub-subparagraph h.;
850	b.  A certified copy of a United States birth certificate;
851	c.  A valid, unexpired United States passport;
852	d.  A naturalization certificate issued by the United
853	States Department of Homeland Security;
854	e.  A valid, unexpired An alien registration receipt card
855	(green card);
856	f.  A Consular Report of Birth Abroad provided by the
857	United States Department of State;
858	g.f.  An unexpired employment authorization card issued by
859	the United States Department of Homeland Security; or
860	h.g.  Proof of nonimmigrant classification provided by the
861	United States Department of Homeland Security, for an original
862	identification card. In order to prove such nonimmigrant
863	classification, applicants may produce but are not limited to
864	the following documents:
865	(I)  A notice of hearing from an immigration court
866	scheduling a hearing on any proceeding.
867	(II)  A notice from the Board of Immigration Appeals
868	acknowledging pendency of an appeal.
869	(III)  Notice of the approval of an application for
870	adjustment of status issued by the United States Bureau of
871	Citizenship and Immigration Services.
872	(IV)  Any official documentation confirming the filing of a
873	petition for asylum or refugee status or any other relief issued
874	by the United States Bureau of Citizenship and Immigration
875	Services.
876	(V)  Notice of action transferring any pending matter from
877	another jurisdiction to Florida, issued by the United States
878	Bureau of Citizenship and Immigration Services.
879	(VI)  Order of an immigration judge or immigration officer
880	granting any relief that authorizes the alien to live and work
881	in the United States including, but not limited to asylum.
882	(VII)  Evidence that an application is pending for
883	adjustment of status to that of an alien lawfully admitted for
884	permanent residence in the United States or conditional
885	permanent resident status in the United States, if a visa number
886	is available having a current priority date for processing by
887	the United States Bureau of Citizenship and Immigration
888	Services.
889	(VIII)  On or after January 1, 2010, an unexpired foreign
890	passport with an unexpired United States Visa affixed,
891	accompanied by an approved I-94, documenting the most recent
892	admittance into the United States.
893
894	Presentation of any of the documents described in sub-
895	subparagraph g. f. or sub-subparagraph h. g. entitles the
896	applicant to an identification card for a period not to exceed
897	the expiration date of the document presented or 1 year,
898	whichever first occurs.
899	(b)  An application for an identification card must be
900	signed and verified by the applicant in a format designated by
901	the department before a person authorized to administer oaths
902	and payment of the applicable fee pursuant to s. 322.21. The fee
903	for an identification card is $3, including payment for the
904	color photograph or digital image of the applicant.
905	(c)  Each such applicant may include fingerprints and any
906	other unique biometric means of identity.
907	(2)(a)  Every identification card:
908	1.  Issued to a person 5 years of age to 14 years of age
909	shall expire, unless canceled earlier, on the fourth birthday of
910	the applicant following the date of original issue.
911	2.  Issued to a person 15 years of age and older shall
912	expire, unless canceled earlier, on the eighth birthday of the
913	applicant following the date of original issue.
914
915	Renewal of an identification card shall be made for the
916	applicable term enumerated in this paragraph. However, if an
917	individual is 60 years of age or older, and has an
918	identification card issued under this section, the card shall
919	not expire unless done so by cancellation by the department or
920	by the death of the cardholder. Renewal of any identification
921	card shall be made for a term which shall expire on the fourth
922	birthday of the applicant following expiration of the
923	identification card renewed, unless surrendered earlier. Any
924	application for renewal received later than 90 days after
925	expiration of the identification card shall be considered the
926	same as an application for an original identification card. The
927	renewal fee for an identification card shall be $10, of which $4
928	shall be deposited into the General Revenue Fund and $6 into the
929	Highway Safety Operating Trust Fund. The department shall, at
930	the end of 4 years and 6 months after the issuance or renewal of
931	an identification card, destroy any record of the card if it has
932	expired and has not been renewed, unless the cardholder is 60
933	years of age or older.
934	(b)  Notwithstanding any other provision of this chapter,
935	if an applicant establishes his or her identity for an
936	identification card using a document authorized under sub-
937	subparagraph (1)(a)3.e., the identification card shall expire on
938	the eighth fourth birthday of the applicant following the date
939	of original issue or upon first renewal or duplicate issued
940	after implementation of this section. After an initial showing
941	of such documentation, he or she is exempted from having to
942	renew or obtain a duplicate in person.
943	(c)  Notwithstanding any other provisions of this chapter,
944	if an applicant establishes his or her identity for an
945	identification card using an identification document authorized
946	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
947	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
948	year 2 years after the date of issuance or upon the expiration
949	date cited on the United States Department of Homeland Security
950	documents, whichever date first occurs, and may not be renewed
951	or obtain a duplicate except in person.
952	Section 29.  Subsections (1), (2), and (6) of section
953	322.08, Florida Statutes, are amended to read:
954	322.08  Application for license.--
955	(1)  Each application for a driver's license shall be made
956	in a format designated by the department and sworn to or
957	affirmed by the applicant as to the truth of the statements made
958	in the application.
959	(2)  Each such application shall include the following
960	information regarding the applicant:
961	(a)  Full name (first, middle or maiden, and last), gender,
962	proof of social security card number satisfactory to the
963	department, county of residence, and mailing address, proof of
964	residential address satisfactory to the department, country of
965	birth, and a brief description.
966	(b)  Proof of birth date satisfactory to the department.
967	(c)  Proof of identity satisfactory to the department. Such
968	proof must include one of the following documents issued to the
969	applicant:
970	1.  A driver's license record or identification card record
971	from another jurisdiction that required the applicant to submit
972	a document for identification which is substantially similar to
973	a document required under subparagraph 2., subparagraph 3.,
974	subparagraph 4., subparagraph 5., subparagraph 6., or
975	subparagraph 7., or subparagraph 8.;
976	2.  A certified copy of a United States birth certificate;
977	3.  A valid, unexpired United States passport;
978	4.  A naturalization certificate issued by the United
979	States Department of Homeland Security;
980	5.  A valid, unexpired An alien registration receipt card
981	(green card);
982	6.  A Consular Report of Birth Abroad provided by the
983	United States Department of State;
984	7.6.  An unexpired employment authorization card issued by
985	the United States Department of Homeland Security; or
986	8.7.  Proof of nonimmigrant classification provided by the
987	United States Department of Homeland Security, for an original
988	driver's license. In order to prove nonimmigrant classification,
989	an applicant may produce the following documents, including, but
990	not limited to:
991	a.  A notice of hearing from an immigration court
992	scheduling a hearing on any proceeding.
993	b.  A notice from the Board of Immigration Appeals
994	acknowledging pendency of an appeal.
995	c.  A notice of the approval of an application for
996	adjustment of status issued by the United States Bureau of
997	Citizenship and Immigration Services.
998	d.  Any official documentation confirming the filing of a
999	petition for asylum or refugee status or any other relief issued
1000	by the United States Bureau of Citizenship and Immigration
1001	Services.
1002	e.  A notice of action transferring any pending matter from
1003	another jurisdiction to this state issued by the United States
1004	Bureau of Citizenship and Immigration Services.
1005	f.  An order of an immigration judge or immigration officer
1006	granting any relief that authorizes the alien to live and work
1007	in the United States, including, but not limited to, asylum.
1008	g.  Evidence that an application is pending for adjustment
1009	of status to that of an alien lawfully admitted for permanent
1010	residence in the United States or conditional permanent resident
1011	status in the United States, if a visa number is available
1012	having a current priority date for processing by the United
1013	States Bureau of Citizenship and Immigration Services.
1014	h.  On or after January 1, 2010, an unexpired foreign
1015	passport with an unexpired United States Visa affixed,
1016	accompanied by an approved I-94, documenting the most recent
1017	admittance into the United States.
1018
1019	Presentation of any of the documents in subparagraph 7. 6. or
1020	subparagraph 8. 7. entitles the applicant to a driver's license
1021	or temporary permit for a period not to exceed the expiration
1022	date of the document presented or 1 year, whichever occurs
1023	first.
1024	(d)  Whether the applicant has previously been licensed to
1025	drive, and, if so, when and by what state, and whether any such
1026	license or driving privilege has ever been disqualified,
1027	revoked, or suspended, or whether an application has ever been
1028	refused, and, if so, the date of and reason for such
1029	disqualification, suspension, revocation, or refusal.
1030	(e)  Each such application may include fingerprints and
1031	other unique biometric means of identity.
1032	(6)  The application form for a driver's license or
1033	duplicate thereof shall include language permitting the
1034	following:
1035	(a)  A voluntary contribution of $5 per applicant, which
1036	contribution shall be transferred into the Election Campaign
1037	Financing Trust Fund.
1038	(a)(b)  A voluntary contribution of $1 per applicant, which
1039	contribution shall be deposited into the Florida Organ and
1040	Tissue Donor Education and Procurement Trust Fund for organ and
1041	tissue donor education and for maintaining the organ and tissue
1042	donor registry.
1043	(b)(c)  A voluntary contribution of $1 per applicant, which
1044	contribution shall be distributed to the Florida Council of the
1045	Blind.
1046	(c)(d)  A voluntary contribution of $2 per applicant, which
1047	shall be distributed to the Hearing Research Institute,
1048	Incorporated.
1049	(d)(e)  A voluntary contribution of $1 per applicant, which
1050	shall be distributed to the Juvenile Diabetes Foundation
1051	International.
1052	(e)(f)  A voluntary contribution of $1 per applicant, which
1053	shall be distributed to the Children's Hearing Help Fund.
1054
1055	A statement providing an explanation of the purpose of the trust
1056	funds shall also be included. For the purpose of applying the
1057	service charge provided in s. 215.20, contributions received
1058	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1059	and under s. 322.18(9)(a) are not income of a revenue nature.
1060	Section 30.  Paragraph (a) of subsection (1) of section
1061	322.14, Florida Statutes, is amended to read:
1062	322.14  Licenses issued to drivers.--
1063	(1)(a)  The department shall, upon successful completion of
1064	all required examinations and payment of the required fee, issue
1065	to every applicant qualifying therefor, a driver's license as
1066	applied for, which license shall bear thereon a color photograph
1067	or digital image of the licensee; the name of the state; a
1068	distinguishing number assigned to the licensee; and the
1069	licensee's full name, date of birth, and residence mailing
1070	address; a brief description of the licensee, including, but not
1071	limited to, the licensee's gender and height; and the dates of
1072	issuance and expiration of the license. A space shall be
1073	provided upon which the licensee shall affix his or her usual
1074	signature. No license shall be valid until it has been so signed
1075	by the licensee except that the signature of said licensee shall
1076	not be required if it appears thereon in facsimile or if the
1077	licensee is not present within the state at the time of
1078	issuance. Applicants qualifying to receive a Class A, Class B,
1079	or Class C driver's license must appear in person within the
1080	state for issuance of a color photographic or digital imaged
1081	driver's license pursuant to s. 322.142.
1082	Section 31.  Section 322.15, Florida Statutes, is amended
1083	to read:
1084	322.15  License to be carried and exhibited on demand;
1085	fingerprint to be imprinted upon a citation.--
1086	(1)  Every licensee shall have his or her driver's license,
1087	which must be fully legible with no portion of such license
1088	faded, altered, mutilated, or defaced, in his or her immediate
1089	possession at all times when operating a motor vehicle and shall
1090	display the same upon the demand of a law enforcement officer or
1091	an authorized representative of the department.
1092	(2)  Upon the failure of any person to display a driver's
1093	license as required by subsection (1), the law enforcement
1094	officer or authorized representative of the department stopping
1095	the person shall require the person to imprint his or her
1096	fingerprints fingerprint upon any citation issued by the officer
1097	or authorized representative, or the officer or authorized
1098	representative shall collect the fingerprints electronically.
1099	(3)  In relation to violations of subsection (1) or s.
1100	322.03(5), persons who cannot supply proof of a valid driver's
1101	license for the reason that the license was suspended for
1102	failure to comply with that citation shall be issued a
1103	suspension clearance by the clerk of the court for that citation
1104	upon payment of the applicable penalty and fee for that
1105	citation. If proof of a valid driver's license is not provided
1106	to the clerk of the court within 30 days, the person's driver's
1107	license shall again be suspended for failure to comply.
1108	(4)  A violation of subsection (1) is a noncriminal traffic
1109	infraction, punishable as a nonmoving violation as provided in
1110	chapter 318.
1111	Section 32.  Section 322.17, Florida Statutes, is amended
1112	to read:
1113	322.17  Replacement licenses and permits Duplicate and
1114	replacement certificates.--
1115	(1)(a)  In the event that an instruction permit or driver's
1116	license issued under the provisions of this chapter is lost or
1117	destroyed, the person to whom the same was issued may, upon
1118	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1119	a replacement duplicate, or substitute thereof, upon furnishing
1120	proof satisfactory to the department that such permit or license
1121	has been lost or destroyed, and further furnishing the full
1122	name, date of birth, sex, residence and mailing address, proof
1123	of birth satisfactory to the department, and proof of identity
1124	satisfactory to the department. Five dollars of the fee levied
1125	in this paragraph shall go to the Highway Safety Operating Trust
1126	Fund of the department.
1127	(b)  In the event that an instruction permit or driver's
1128	license issued under the provisions of this chapter is stolen,
1129	the person to whom the same was issued may, at no charge, obtain
1130	a replacement duplicate, or substitute thereof, upon furnishing
1131	proof satisfactory to the department that such permit or license
1132	was stolen and further furnishing the full name, date of birth,
1133	sex, residence and mailing address, proof of birth satisfactory
1134	to the department, and proof of identity satisfactory to the
1135	department.
1136	(2)  Upon the surrender of the original license and the
1137	payment of the appropriate fees pursuant to s. 322.21 a $10
1138	replacement fee, the department shall issue a replacement
1139	license to make a change in name, address, or restrictions. Upon
1140	written request by the licensee and notification of a change in
1141	address, and the payment of a $10 fee, the department shall
1142	issue an address sticker which shall be affixed to the back of
1143	the license by the licensee. Nine dollars of the fee levied in
1144	this subsection shall go to the Highway Safety Operating Trust
1145	Fund of the department.
1146	(3)  Notwithstanding any other provisions of this chapter,
1147	if a licensee establishes his or her identity for a driver's
1148	license using an identification document authorized under s.
1149	322.08(2)(c)7.6. or 8.7., the licensee may not obtain a
1150	duplicate or replacement instruction permit or driver's license
1151	except in person and upon submission of an identification
1152	document authorized under s. 322.08(2)(c)7.6. or 8.7.
1153	Section 33.  Subsections (2), (4), (5), (8), and (9) of
1154	section 322.18, Florida Statutes, are amended to read:
1155	322.18  Original applications, licenses, and renewals;
1156	expiration of licenses; delinquent licenses.--
1157	(2)  Each applicant who is entitled to the issuance of a
1158	driver's license, as provided in this section, shall be issued a
1159	driver's license, as follows:
1160	(a)  An applicant who has not attained 80 years of age
1161	applying for an original issuance shall be issued a driver's
1162	license that which expires at midnight on the licensee's
1163	birthday which next occurs on or after the eighth sixth
1164	anniversary of the date of issue. An applicant who is at least
1165	80 years of age applying for an original issuance shall be
1166	issued a driver's license that expires at midnight on the
1167	licensee's birthday that next occurs on or after the sixth
1168	anniversary of the date of issue.
1169	(b)  An applicant who has not attained 80 years of age
1170	applying for a renewal issuance or renewal extension shall be
1171	issued a driver's license that or renewal extension sticker
1172	which expires at midnight on the licensee's birthday that which
1173	next occurs 8 4 years after the month of expiration of the
1174	license being renewed. An applicant who is at least 80 years of
1175	age applying for a renewal issuance shall be issued a driver's
1176	license that, except that a driver whose driving record reflects
1177	no convictions for the preceding 3 years shall be issued a
1178	driver's license or renewal extension sticker which expires at
1179	midnight on the licensee's birthday that which next occurs 6
1180	years after the month of expiration of the license being
1181	renewed.
1182	(c)  Notwithstanding any other provision of this chapter,
1183	if an applicant establishes his or her identity for a driver's
1184	license using a document authorized under s. 322.08(2)(c)5., the
1185	driver's license shall expire in accordance with paragraph (b).
1186	After an initial showing of such documentation, he or she is
1187	exempted from having to renew or obtain a duplicate in person.
1188	(d)  Notwithstanding any other provision of this chapter,
1189	if an applicant establishes his or her identity for a driver's
1190	license using a document authorized in s. 322.08(2)(c)7.6. or
1191	8.7., the driver's license shall expire 1 year 2 years after the
1192	date of issuance or upon the expiration date cited on the United
1193	States Department of Homeland Security documents, whichever date
1194	first occurs.
1195	(e)  Notwithstanding any other provision of this chapter,
1196	an applicant applying for an original or renewal issuance of a
1197	commercial driver's license as defined in s. 322.01(7), with a
1198	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1199	shall be issued a driver's license that expires at midnight on
1200	the licensee's birthday that next occurs 4 years after the month
1201	of expiration of the license being issued or renewed.
1202	(4)(a)  Except as otherwise provided in this chapter, all
1203	licenses shall be renewable every 8 4 years or 6 years,
1204	depending upon the terms of issuance and shall be issued or
1205	renewed extended upon application, payment of the fees required
1206	by s. 322.21, and successful passage of any required
1207	examination, unless the department has reason to believe that
1208	the licensee is no longer qualified to receive a license.
1209	(b)  Notwithstanding any other provision of this chapter,
1210	if an applicant establishes his or her identity for a driver's
1211	license using a document authorized under s. 322.08(2)(c)5., the
1212	license, upon an initial showing of such documentation, is
1213	exempted from having to renew or obtain a duplicate in person,
1214	unless the renewal or duplication coincides with the periodic
1215	reexamination of a driver as required pursuant to s. 322.121.
1216	(c)  Notwithstanding any other provision of this chapter,
1217	if a licensee establishes his or her identity for a driver's
1218	license using an identification document authorized under s.
1219	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1220	driver's license except in person and upon submission of an
1221	identification document authorized under s. 322.08(2)(c)7.6. or
1222	8.7. A driver's license renewed under this paragraph expires 1
1223	year 4 years after the date of issuance or upon the expiration
1224	date cited on the United States Department of Homeland Security
1225	documents, whichever date first occurs.
1226	(5)  All renewal driver's licenses may be issued after the
1227	applicant licensee has been determined to be eligible by the
1228	department.
1229	(a)  A licensee who is otherwise eligible for renewal and
1230	who is at least 80 over 79 years of age:
1231	1.  Must submit to and pass a vision test administered at
1232	any driver's license office; or
1233	2.  If the licensee applies for a renewal using a
1234	convenience service an extension by mail as provided in
1235	subsection (8), he or she must submit to a vision test
1236	administered by a physician licensed under chapter 458 or
1237	chapter 459, or an optometrist licensed under chapter 463, must
1238	send the results of that test to the department on a form
1239	obtained from the department and signed by such health care
1240	practitioner, and must meet vision standards that are equivalent
1241	to the standards for passing the departmental vision test. The
1242	physician or optometrist may submit the results of a vision test
1243	by a department-approved electronic means.
1244	(b)  A licensee who is at least 80 over 79 years of age may
1245	not submit an application for renewal extension under subsection
1246	(8) by a convenience service electronic or telephonic means,
1247	unless the results of a vision test have been electronically
1248	submitted in advance by the physician or optometrist.
1249	(8)  The department shall issue 8-year renewals using a
1250	convenience service 4-year and 6-year license extensions by
1251	mail, electronic, or telephonic means without reexamination to
1252	drivers who have not attained 80 years of age. The department
1253	shall issue 6-year renewals using a convenience service when the
1254	applicant has satisfied the requirements of subsection (5).
1255	(a)  If the department determines from its records that the
1256	holder of a license about to expire is eligible for renewal, the
1257	department shall mail a renewal notice to the licensee at his or
1258	her last known address, not less than 30 days prior to the
1259	licensee's birthday. The renewal notice shall direct the
1260	licensee to appear at a driver license office for in-person
1261	renewal or to transmit the completed renewal notice and the fees
1262	required by s. 322.21 to the department using a convenience
1263	service by mail, electronically, or telephonically within the 30
1264	days preceding the licensee's birthday for a license extension.
1265	License extensions shall not be available to drivers directed to
1266	appear for in-person renewal.
1267	(b)  Upon receipt of a properly completed renewal notice,
1268	payment of the required fees, and upon determining that the
1269	licensee is still eligible for renewal, the department shall
1270	send a new license extension sticker to the licensee to affix to
1271	the expiring license as evidence that the license term has been
1272	extended.
1273	(c)  The department shall issue one renewal using a
1274	convenience service license extensions for two consecutive
1275	license expirations only. Upon expiration of two consecutive
1276	license extension periods, in-person renewal with reexamination
1277	as provided in s. 322.121 shall be required. A person who is out
1278	of this state when his or her license expires may be issued a
1279	90-day temporary driving permit without reexamination. At the
1280	end of the 90-day period, the person must either return to this
1281	state or apply for a license where the person is located, except
1282	for a member of the Armed Forces as provided in s. 322.121(6).
1283	(d)  In-person renewal at a driver license office shall not
1284	be available to drivers whose records indicate they were
1285	directed to apply for a license extension.
1286	(d)(e)  Any person who knowingly possesses any forged,
1287	stolen, fictitious, counterfeit, or unlawfully issued license
1288	extension sticker, unless possession by such person has been
1289	duly authorized by the department, commits a misdemeanor of the
1290	second degree, punishable as provided in s. 775.082 or s.
1291	775.083.
1292	(e)(f)  The department shall develop a plan for the
1293	equitable distribution of license extensions and renewals and
1294	the orderly implementation of this section.
1295	(9)(a)  The application form for a renewal issuance or
1296	renewal extension shall include language permitting a voluntary
1297	contribution of $1 per applicant, to be quarterly distributed by
1298	the department to Prevent Blindness Florida, a not-for-profit
1299	organization, to prevent blindness and preserve the sight of the
1300	residents of this state. A statement providing an explanation of
1301	the purpose of the funds shall be included with the application
1302	form.
1303	(b)  Prior to the department distributing the funds
1304	collected pursuant to paragraph (a), Prevent Blindness Florida
1305	must submit a report to the department that identifies how such
1306	funds were used during the preceding year.
1307	Section 34.  Subsection (4) of section 322.181, Florida
1308	Statutes, is repealed.
1309	Section 35.  Subsections (2) and (4) of section 322.19,
1310	Florida Statutes, are amended to read:
1311	322.19  Change of address or name.--
1312	(2)  Whenever any person, after applying for or receiving a
1313	driver's license, changes the residence or mailing address in
1314	the application or license, the person must, within 10 calendar
1315	days, either obtain a replacement license that reflects the
1316	change or request in writing a change-of-address sticker. A The
1317	written request to the department must include the old and new
1318	addresses and the driver's license number.
1319	(4)  Notwithstanding any other provision of this chapter,
1320	if a licensee established his or her identity for a driver's
1321	license using an identification document authorized under s.
1322	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1323	name or address except in person and upon submission of an
1324	identification document authorized under s. 322.08(2)(c)7.6. or
1325	8.7.
1326	Section 36.  Subsection (1) of section 322.21, Florida
1327	Statutes, is amended to read:
1328	322.21  License fees; procedure for handling and collecting
1329	fees.--
1330	(1)  Except as otherwise provided herein, the fee for:
1331	(a)  An original or renewal commercial driver's license is
1332	$67 $50, which shall include the fee for driver education
1333	provided by s. 1003.48; however, if an applicant has completed
1334	training and is applying for employment or is currently employed
1335	in a public or nonpublic school system that requires the
1336	commercial license, the fee shall be the same as for a Class E
1337	driver's license. A delinquent fee of $1 shall be added for a
1338	renewal made not more than 12 months after the license
1339	expiration date.
1340	(b)  An original Class E driver's license is $27 $20, which
1341	shall include the fee for driver's education provided by s.
1342	1003.48; however, if an applicant has completed training and is
1343	applying for employment or is currently employed in a public or
1344	nonpublic school system that requires a commercial driver
1345	license, the fee shall be the same as for a Class E license.
1346	(c)  The renewal or extension of a Class E driver's license
1347	or of a license restricted to motorcycle use only is $20 $15,
1348	except that a delinquent fee of $1 shall be added for a renewal
1349	or extension made not more than 12 months after the license
1350	expiration date. The fee provided in this paragraph shall
1351	include the fee for driver's education provided by s. 1003.48.
1352	(d)  An original driver's license restricted to motorcycle
1353	use only is $27 $20, which shall include the fee for driver's
1354	education provided by s. 1003.48.
1355	(e)  A replacement driver's license issued pursuant to s.
1356	322.17 is $10. Of this amount $7 shall be deposited into the
1357	Highway Safety Operating Trust Fund and $3 shall be deposited
1358	into the General Revenue Fund.
1359	(f)  An original, renewal, or replacement identification
1360	card issued pursuant to s. 322.051 is $10. Funds collected from
1361	these fees shall be distributed as follows:
1362	1.  For an original identification card issued pursuant to
1363	s. 322.051 the fee shall be $10. This amount shall be deposited
1364	into the General Revenue Fund.
1365	2.  For a renewal identification card issued pursuant to s.
1366	322.051 the fee shall be $10. Of this amount, $6 shall be
1367	deposited into the Highway Safety Operating Trust Fund and $4
1368	shall be deposited into the General Revenue Fund.
1369	3.  For a replacement identification card issued pursuant
1370	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1371	deposited into the Highway Safety Operating Trust Fund and $1
1372	shall be deposited into the General Revenue Fund.
1373	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1374	(h)(f)  A hazardous-materials endorsement, as required by
1375	s. 322.57(1)(d), shall be set by the department by rule and
1376	shall reflect the cost of the required criminal history check,
1377	including the cost of the state and federal fingerprint check,
1378	and the cost to the department of providing and issuing the
1379	license. The fee shall not exceed $100. This fee shall be
1380	deposited in the Highway Safety Operating Trust Fund. The
1381	department may adopt rules to administer this section.
1382	Section 37.  Subsection (3) of section 322.2715, Florida
1383	Statutes is amended to read:
1384	322.2715  Ignition interlock device.--
1385	(3)  If the person is convicted of:
1386	(a)  A first offense of driving under the influence under
1387	s. 316.193 and has an unlawful blood-alcohol level or breath-
1388	alcohol level as specified in s. 316.193(4), or if a person is
1389	convicted of a violation of s. 316.193 and was at the time of
1390	the offense accompanied in the vehicle by a person younger than
1391	18 years of age, the person shall have the ignition interlock
1392	device installed for not less than 6 continuous months for the
1393	first offense and for  not less than at least 2 continuous years
1394	for a second offense.
1395	(b)  A second offense of driving under the influence, the
1396	ignition interlock device shall be installed for a period of not
1397	less than 1 continuous year.
1398	(c)  A third offense of driving under the influence which
1399	occurs within 10 years after a prior conviction for a violation
1400	of s.316.193, the ignition interlock device shall be installed
1401	for a period of not less than 2 continuous years.
1402	(d)  A third offense of driving under the influence which
1403	occurs more than 10 years after the date of a prior conviction,
1404	the ignition interlock device shall be installed for a period of
1405	not less than 2 continuous years.
1406	Section 38.  Section 322.291, Florida Statutes is amended
1407	to read:
1408	322.291  Driver improvement schools or DUI programs;
1409	required in certain suspension and revocation cases.--Except as
1410	provided in s. 322.03(2), any person:
1411	(1)  Whose driving privilege has been revoked:
1412	(a)  Upon conviction for:
1413	1.  Driving, or being in actual physical control of, any
1414	vehicle while under the influence of alcoholic beverages, any
1415	chemical substance set forth in s. 877.111, or any substance
1416	controlled under chapter 893, in violation of s. 316.193;
1417	2.  Driving with an unlawful blood- or breath-alcohol
1418	level;
1419	3.  Manslaughter resulting from the operation of a motor
1420	vehicle;
1421	4.  Failure to stop and render aid as required under the
1422	laws of this state in the event of a motor vehicle crash
1423	resulting in the death or personal injury of another;
1424	5.  Reckless driving; or
1425	(b)  As a an habitual offender;
1426	(c)  Upon direction of the court, if the court feels that
1427	the seriousness of the offense and the circumstances surrounding
1428	the conviction warrant the revocation of the licensee's driving
1429	privilege; or
1430	(2)  Whose license was suspended under the point system,
1431	was suspended for driving with an unlawful blood-alcohol level
1432	of 0.10 percent or higher before January 1, 1994, was suspended
1433	for driving with an unlawful blood-alcohol level of 0.08 percent
1434	or higher after December 31, 1993, was suspended for a violation
1435	of s. 316.193(1), or was suspended for refusing to submit to a
1436	lawful breath, blood, or urine test as provided in s. 322.2615
1437
1438	shall, before the driving privilege may be reinstated, present
1439	to the department proof of enrollment in a department-approved
1440	advanced driver improvement course operating pursuant to s.
1441	318.1451 or a substance abuse education course conducted by a
1442	DUI program licensed pursuant to s. 322.292, which shall include
1443	a psychosocial evaluation and treatment, if referred.
1444	Additionally, for a third or subsequent violation of
1445	requirements for installation of an ignition interlock device, a
1446	person must complete treatment as determined by a licensed
1447	treatment agency following a referral by a DUI program and have
1448	the duration of the ignition interlock device requirement
1449	extended by at least 1 month up to the time period required to
1450	complete treatment. If the person fails to complete such course
1451	or evaluation within 90 days after reinstatement, or
1452	subsequently fails to complete treatment, if referred, the DUI
1453	program shall notify the department of the failure. Upon receipt
1454	of the notice, the department shall cancel the offender's
1455	driving privilege, notwithstanding the expiration of the
1456	suspension or revocation of the driving privilege. The
1457	department may temporarily reinstate the driving privilege upon
1458	verification from the DUI program that the offender has
1459	completed the education course and evaluation requirement and
1460	has reentered and is currently participating in treatment. If
1461	the DUI program notifies the department of the second failure to
1462	complete treatment, the department shall reinstate the driving
1463	privilege only after notice of completion of treatment from the
1464	DUI program.
1465	Section 39.  Section 322.36, Florida Statutes, is amended
1466	to read:
1467	322.36  Permitting unauthorized operator to drive.--A No
1468	person may not shall authorize or knowingly permit a motor
1469	vehicle owned by him or her or under his or her dominion or
1470	control to be operated upon any highway or public street except
1471	by a person who is persons duly authorized to operate a motor
1472	vehicle vehicles under the provisions of this chapter. Any
1473	person who violates violating this section commits provision is
1474	guilty of a misdemeanor of the second degree, punishable as
1475	provided in s. 775.082 or s. 775.083. If a person violates this
1476	section by knowingly loaning a vehicle to a person whose
1477	driver's license is suspended and if that vehicle is involved in
1478	an accident resulting in bodily injury or death, the driver's
1479	license of the person violating this section shall be suspended
1480	for 1 year.
1481	Section 40.  Section 322.60, Florida Statutes, is repealed.
1482	Section 41.  Subsections (1) through (6) of section 322.61,
1483	Florida Statutes, are amended to read:
1484	322.61  Disqualification from operating a commercial motor
1485	vehicle.--
1486	(1)  A person who, for offenses occurring within a 3-year
1487	period, is convicted of two of the following serious traffic
1488	violations or any combination thereof, arising in separate
1489	incidents committed in a commercial motor vehicle shall, in
1490	addition to any other applicable penalties, be disqualified from
1491	operating a commercial motor vehicle for a period of 60 days. A
1492	holder of a commercial driver's license person who, for offenses
1493	occurring within a 3-year period, is convicted of two of the
1494	following serious traffic violations, or any combination
1495	thereof, arising in separate incidents committed in a
1496	noncommercial motor vehicle shall, in addition to any other
1497	applicable penalties, be disqualified from operating a
1498	commercial motor vehicle for a period of 60 days if such
1499	convictions result in the suspension, revocation, or
1500	cancellation of the licenseholder's driving privilege:
1501	(a)  A violation of any state or local law relating to
1502	motor vehicle traffic control, other than a parking violation, a
1503	weight violation, or a vehicle equipment violation, arising in
1504	connection with a crash resulting in death or personal injury to
1505	any person;
1506	(b)  Reckless driving, as defined in s. 316.192;
1507	(c)  Careless driving, as defined in s. 316.1925;
1508	(d)  Fleeing or attempting to elude a law enforcement
1509	officer, as defined in s. 316.1935;
1510	(e)  Unlawful speed of 15 miles per hour or more above the
1511	posted speed limit;
1512	(f)  Driving a commercial motor vehicle, owned by such
1513	person, which is not properly insured;
1514	(g)  Improper lane change, as defined in s. 316.085;
1515	(h)  Following too closely, as defined in s. 316.0895;
1516	(i)  Driving a commercial vehicle without obtaining a
1517	commercial driver's license;
1518	(j)  Driving a commercial vehicle without the proper class
1519	of commercial driver's license or without the proper
1520	endorsement; or
1521	(k)  Driving a commercial vehicle without a commercial
1522	driver's license in possession, as required by s. 322.03. Any
1523	individual who provides proof to the clerk of the court or
1524	designated official in the jurisdiction where the citation was
1525	issued, by the date the individual must appear in court or pay
1526	any fine for such a violation, that the individual held a valid
1527	commercial driver's license on the date the citation was issued
1528	is not guilty of this offense.
1529	(2)(a)  Any person who, for offenses occurring within a 3-
1530	year period, is convicted of three serious traffic violations
1531	specified in subsection (1) or any combination thereof, arising
1532	in separate incidents committed in a commercial motor vehicle
1533	shall, in addition to any other applicable penalties, including
1534	but not limited to the penalty provided in subsection (1), be
1535	disqualified from operating a commercial motor vehicle for a
1536	period of 120 days.
1537	(b)  A holder of a commercial driver's license person who,
1538	for offenses occurring within a 3-year period, is convicted of
1539	three serious traffic violations specified in subsection (1) or
1540	any combination thereof arising in separate incidents committed
1541	in a noncommercial motor vehicle shall, in addition to any other
1542	applicable penalties, including, but not limited to, the penalty
1543	provided in subsection (1), be disqualified from operating a
1544	commercial motor vehicle for a period of 120 days if such
1545	convictions result in the suspension, revocation, or
1546	cancellation of the licenseholder's driving privilege.
1547	(3)(a)  Except as provided in subsection (4), any person
1548	who is convicted of one of the following offenses listed in
1549	paragraph (b) while operating a commercial motor vehicle shall,
1550	in addition to any other applicable penalties, be disqualified
1551	from operating a commercial motor vehicle for a period of 1
1552	year:
1553	(b)  Except as provided in subsection (4), any holder of a
1554	commercial driver's license who is convicted of one of the
1555	offenses listed in this paragraph while operating a
1556	noncommercial motor vehicle shall, in addition to any other
1557	applicable penalties, be disqualified from operating a
1558	commercial motor vehicle for a period of 1 year:
1559	1.(a)  Driving a commercial motor vehicle while he or she
1560	is under the influence of alcohol or a controlled substance;
1561	2.(b)  Driving a commercial motor vehicle while the alcohol
1562	concentration of his or her blood, breath, or urine is .04
1563	percent or higher;
1564	3.(c)  Leaving the scene of a crash involving a commercial
1565	motor vehicle driven by such person;
1566	4.(d)  Using a commercial motor vehicle in the commission
1567	of a felony;
1568	5.(e)  Driving a commercial motor vehicle while in
1569	possession of a controlled substance;
1570	6.(f)  Refusing to submit to a test to determine his or her
1571	alcohol concentration while driving a commercial motor vehicle;
1572	7.(g)  Driving a commercial vehicle while the
1573	licenseholder's commercial driver's license is suspended,
1574	revoked, or canceled or while the licenseholder is disqualified
1575	from driving a commercial vehicle; or
1576	8.(h)  Causing a fatality through the negligent operation
1577	of a commercial motor vehicle.
1578	(4)  Any person who is transporting hazardous materials as
1579	defined in s. 322.01(24) in a vehicle that is required to be
1580	placarded in accordance with Title 49 C.F.R. part 172, subpart F
1581	shall, upon conviction of an offense specified in subsection
1582	(3), be disqualified from operating a commercial motor vehicle
1583	for a period of 3 years. The penalty provided in this subsection
1584	shall be in addition to any other applicable penalty.
1585	(5)  Any person who is convicted of two violations
1586	specified in subsection (3) which were committed while operating
1587	a commercial motor vehicle, or any combination thereof, arising
1588	in separate incidents shall be permanently disqualified from
1589	operating a commercial motor vehicle. Any holder of a commercial
1590	driver's license who is convicted of two violations specified in
1591	subsection (3) which were committed while operating a
1592	noncommercial motor vehicle, or any combination thereof, arising
1593	in separate incidents shall be permanently disqualified from
1594	operating a commercial motor vehicle. The penalty provided in
1595	this subsection is shall be in addition to any other applicable
1596	penalty.
1597	(6)  Notwithstanding subsections (3), (4), and (5), any
1598	person who uses a commercial motor vehicle in the commission of
1599	any felony involving the manufacture, distribution, or
1600	dispensing of a controlled substance, including possession with
1601	intent to manufacture, distribute, or dispense a controlled
1602	substance, shall, upon conviction of such felony, be permanently
1603	disqualified from operating a commercial motor vehicle.
1604	Notwithstanding subsections (3), (4), and (5), any holder of a
1605	commercial driver's license who uses a noncommercial motor
1606	vehicle in the commission of any felony involving the
1607	manufacture, distribution, or dispensing of a controlled
1608	substance, including possession with intent to manufacture,
1609	distribute, or dispense a controlled substance, shall, upon
1610	conviction of such felony, be permanently disqualified from
1611	operating a commercial motor vehicle. The penalty provided in
1612	this subsection is shall be in addition to any other applicable
1613	penalty.
1614	Section 42.  Section 322.64, Florida Statutes, is amended
1615	to read:
1616	322.64  Holder of commercial driver's license; persons
1617	operating a commercial motor vehicle; driving with unlawful
1618	blood-alcohol level; refusal to submit to breath, urine, or
1619	blood test.--
1620	(1)(a)  A law enforcement officer or correctional officer
1621	shall, on behalf of the department, disqualify from operating
1622	any commercial motor vehicle a person who while operating or in
1623	actual physical control of a commercial motor vehicle is
1624	arrested for a violation of s. 316.193, relating to unlawful
1625	blood-alcohol level or breath-alcohol level, or a person who has
1626	refused to submit to a breath, urine, or blood test authorized
1627	by s. 322.63 arising out of the operation or actual physical
1628	control of a commercial motor vehicle. A law enforcement officer
1629	or correctional officer shall, on behalf of the department,
1630	disqualify the holder of a commercial driver's license from
1631	operating any commercial motor vehicle if the licenseholder,
1632	while operating or in actual physical control of a motor
1633	vehicle, is arrested for a violation of s. 316.193, relating to
1634	unlawful blood-alcohol level or breath-alcohol level, or refused
1635	to submit to a breath, urine, or blood test authorized by s.
1636	322.63. Upon disqualification of the person, the officer shall
1637	take the person's driver's license and issue the person a 10-day
1638	temporary permit for the operation of noncommercial vehicles
1639	only if the person is otherwise eligible for the driving
1640	privilege and shall issue the person a notice of
1641	disqualification. If the person has been given a blood, breath,
1642	or urine test, the results of which are not available to the
1643	officer at the time of the arrest, the agency employing the
1644	officer shall transmit such results to the department within 5
1645	days after receipt of the results. If the department then
1646	determines that the person was arrested for a violation of s.
1647	316.193 and that the person had a blood-alcohol level or breath-
1648	alcohol level of 0.08 or higher, the department shall disqualify
1649	the person from operating a commercial motor vehicle pursuant to
1650	subsection (3).
1651	(b)  The disqualification under paragraph (a) shall be
1652	pursuant to, and the notice of disqualification shall inform the
1653	driver of, the following:
1654	1.a.  The driver refused to submit to a lawful breath,
1655	blood, or urine test and he or she is disqualified from
1656	operating a commercial motor vehicle for a period of 1 year, for
1657	a first refusal, or permanently, if he or she has previously
1658	been disqualified as a result of a refusal to submit to such a
1659	test; or
1660	b.  The driver was driving or in actual physical control of
1661	a commercial motor vehicle, or any motor vehicle if the driver
1662	holds a commercial driver's license, had an unlawful blood-
1663	alcohol level or breath-alcohol level of 0.08 or higher, and his
1664	or her driving privilege shall be disqualified for a period of 1
1665	year for a first offense or permanently disqualified if his or
1666	her driving privilege has been previously disqualified under
1667	this section. violated s. 316.193 by driving with an unlawful
1668	blood-alcohol level and he or she is disqualified from operating
1669	a commercial motor vehicle for a period of 6 months for a first
1670	offense or for a period of 1 year if he or she has previously
1671	been disqualified, or his or her driving privilege has been
1672	previously suspended, for a violation of s. 316.193.
1673	2.  The disqualification period for operating commercial
1674	vehicles shall commence on the date of arrest or issuance of the
1675	notice of disqualification, whichever is later.
1676	3.  The driver may request a formal or informal review of
1677	the disqualification by the department within 10 days after the
1678	date of arrest or issuance of the notice of disqualification,
1679	whichever is later.
1680	4.  The temporary permit issued at the time of arrest or
1681	disqualification expires will expire at midnight of the 10th day
1682	following the date of disqualification.
1683	5.  The driver may submit to the department any materials
1684	relevant to the disqualification arrest.
1685	(2)  Except as provided in paragraph (1)(a), the law
1686	enforcement officer shall forward to the department, within 5
1687	days after the date of the arrest or the issuance of the notice
1688	of disqualification, whichever is later, a copy of the notice of
1689	disqualification, the driver's license of the person
1690	disqualified arrested, and a report of the arrest, including, if
1691	applicable, an affidavit stating the officer's grounds for
1692	belief that the person disqualified arrested was operating or in
1693	actual physical control of a commercial motor vehicle, or holds
1694	a commercial driver's license, and had an unlawful blood-alcohol
1695	or breath-alcohol level in violation of s. 316.193; the results
1696	of any breath or blood or urine test or an affidavit stating
1697	that a breath, blood, or urine test was requested by a law
1698	enforcement officer or correctional officer and that the person
1699	arrested refused to submit; a copy of the notice of
1700	disqualification citation issued to the person arrested; and the
1701	officer's description of the person's field sobriety test, if
1702	any. The failure of the officer to submit materials within the
1703	5-day period specified in this subsection or subsection (1) does
1704	shall not affect the department's ability to consider any
1705	evidence submitted at or prior to the hearing. The officer may
1706	also submit a copy of a videotape of the field sobriety test or
1707	the attempt to administer such test and a copy of the crash
1708	report, if any.
1709	(3)  If the department determines that the person arrested
1710	should be disqualified from operating a commercial motor vehicle
1711	pursuant to this section and if the notice of disqualification
1712	has not already been served upon the person by a law enforcement
1713	officer or correctional officer as provided in subsection (1),
1714	the department shall issue a notice of disqualification and,
1715	unless the notice is mailed pursuant to s. 322.251, a temporary
1716	permit which expires 10 days after the date of issuance if the
1717	driver is otherwise eligible.
1718	(4)  If the person disqualified arrested requests an
1719	informal review pursuant to subparagraph (1)(b)3., the
1720	department shall conduct the informal review by a hearing
1721	officer employed by the department. Such informal review hearing
1722	shall consist solely of an examination by the department of the
1723	materials submitted by a law enforcement officer or correctional
1724	officer and by the person disqualified arrested, and the
1725	presence of an officer or witness is not required.
1726	(5)  After completion of the informal review, notice of the
1727	department's decision sustaining, amending, or invalidating the
1728	disqualification must be provided to the person. Such notice
1729	must be mailed to the person at the last known address shown on
1730	the department's records, and to the address provided in the law
1731	enforcement officer's report if such address differs from the
1732	address of record, within 21 days after the expiration of the
1733	temporary permit issued pursuant to subsection (1) or subsection
1734	(3).
1735	(6)(a)  If the person disqualified arrested requests a
1736	formal review, the department must schedule a hearing to be held
1737	within 30 days after such request is received by the department
1738	and must notify the person of the date, time, and place of the
1739	hearing.
1740	(b)  Such formal review hearing shall be held before a
1741	hearing officer employed by the department, and the hearing
1742	officer shall be authorized to administer oaths, examine
1743	witnesses and take testimony, receive relevant evidence, issue
1744	subpoenas for the officers and witnesses identified in documents
1745	as provided in subsection (2), regulate the course and conduct
1746	of the hearing, and make a ruling on the disqualification. The
1747	department and the person disqualified arrested may subpoena
1748	witnesses, and the party requesting the presence of a witness
1749	shall be responsible for the payment of any witness fees. If the
1750	person who requests a formal review hearing fails to appear and
1751	the hearing officer finds such failure to be without just cause,
1752	the right to a formal hearing is waived and the department shall
1753	conduct an informal review of the disqualification under
1754	subsection (4).
1755	(c)  A party may seek enforcement of a subpoena under
1756	paragraph (b) by filing a petition for enforcement in the
1757	circuit court of the judicial circuit in which the person
1758	failing to comply with the subpoena resides. A failure to comply
1759	with an order of the court shall result in a finding of contempt
1760	of court. However, a person shall not be in contempt while a
1761	subpoena is being challenged.
1762	(d)  The department must, within 7 days after a formal
1763	review hearing, send notice to the person of the hearing
1764	officer's decision as to whether sufficient cause exists to
1765	sustain, amend, or invalidate the disqualification.
1766	(7)  In a formal review hearing under subsection (6) or an
1767	informal review hearing under subsection (4), the hearing
1768	officer shall determine by a preponderance of the evidence
1769	whether sufficient cause exists to sustain, amend, or invalidate
1770	the disqualification. The scope of the review shall be limited
1771	to the following issues:
1772	(a)  If the person was disqualified from operating a
1773	commercial motor vehicle for driving with an unlawful blood-
1774	alcohol level in violation of s. 316.193:
1775	1.  Whether the arresting law enforcement officer had
1776	probable cause to believe that the person was driving or in
1777	actual physical control of a commercial motor vehicle, or any
1778	motor vehicle if the driver holds a commercial driver's license,
1779	in this state while he or she had any alcohol, chemical
1780	substances, or controlled substances in his or her body.
1781	2.  Whether the person was placed under lawful arrest for a
1782	violation of s. 316.193.
1783	2.3.  Whether the person had an unlawful blood-alcohol
1784	level or breath-alcohol level of 0.08 or higher as provided in
1785	s. 316.193.
1786	(b)  If the person was disqualified from operating a
1787	commercial motor vehicle for refusal to submit to a breath,
1788	blood, or urine test:
1789	1.  Whether the law enforcement officer had probable cause
1790	to believe that the person was driving or in actual physical
1791	control of a commercial motor vehicle, or any motor vehicle if
1792	the driver holds a commercial driver's license, in this state
1793	while he or she had any alcohol, chemical substances, or
1794	controlled substances in his or her body.
1795	2.  Whether the person refused to submit to the test after
1796	being requested to do so by a law enforcement officer or
1797	correctional officer.
1798	3.  Whether the person was told that if he or she refused
1799	to submit to such test he or she would be disqualified from
1800	operating a commercial motor vehicle for a period of 1 year or,
1801	in the case of a second refusal, permanently.
1802	(8)  Based on the determination of the hearing officer
1803	pursuant to subsection (7) for both informal hearings under
1804	subsection (4) and formal hearings under subsection (6), the
1805	department shall:
1806	(a)  Sustain the disqualification for a period of 1 year
1807	for a first refusal, or permanently if such person has been
1808	previously disqualified from operating a commercial motor
1809	vehicle as a result of a refusal to submit to such tests. The
1810	disqualification period commences on the date of the arrest or
1811	issuance of the notice of disqualification, whichever is later.
1812	(b)  Sustain the disqualification:
1813	1.  For a period of 1 year if the person was driving or in
1814	actual physical control of a commercial motor vehicle, or any
1815	motor vehicle if the driver holds a commercial driver's license,
1816	and had an unlawful blood-alcohol level or breath-alcohol level
1817	of 0.08 or higher; or 6 months for a violation of s. 316.193 or
1818	for a period of 1 year
1819	2.  Permanently if the person has been previously
1820	disqualified from operating a commercial motor vehicle or his or
1821	her driving privilege has been previously suspended for driving
1822	or being in actual physical control of a commercial motor
1823	vehicle, or any motor vehicle if the driver holds a commercial
1824	driver's license, and had an unlawful blood-alcohol level or
1825	breath-alcohol level of 0.08 or higher as a result of a
1826	violation of s. 316.193.
1827
1828	The disqualification period commences on the date of the arrest
1829	or issuance of the notice of disqualification, whichever is
1830	later.
1831	(9)  A request for a formal review hearing or an informal
1832	review hearing shall not stay the disqualification. If the
1833	department fails to schedule the formal review hearing to be
1834	held within 30 days after receipt of the request therefor, the
1835	department shall invalidate the disqualification. If the
1836	scheduled hearing is continued at the department's initiative,
1837	the department shall issue a temporary driving permit limited to
1838	noncommercial vehicles which is shall be valid until the hearing
1839	is conducted if the person is otherwise eligible for the driving
1840	privilege. Such permit shall not be issued to a person who
1841	sought and obtained a continuance of the hearing. The permit
1842	issued under this subsection shall authorize driving for
1843	business purposes or employment use only.
1844	(10)  A person who is disqualified from operating a
1845	commercial motor vehicle under subsection (1) or subsection (3)
1846	is eligible for issuance of a license for business or employment
1847	purposes only under s. 322.271 if the person is otherwise
1848	eligible for the driving privilege. However, such business or
1849	employment purposes license shall not authorize the driver to
1850	operate a commercial motor vehicle.
1851	(11)  The formal review hearing may be conducted upon a
1852	review of the reports of a law enforcement officer or a
1853	correctional officer, including documents relating to the
1854	administration of a breath test or blood test or the refusal to
1855	take either test. However, as provided in subsection (6), the
1856	driver may subpoena the officer or any person who administered
1857	or analyzed a breath or blood test.
1858	(12)  The formal review hearing and the informal review
1859	hearing are exempt from the provisions of chapter 120. The
1860	department is authorized to adopt rules for the conduct of
1861	reviews under this section.
1862	(13)  A person may appeal any decision of the department
1863	sustaining the disqualification from operating a commercial
1864	motor vehicle by a petition for writ of certiorari to the
1865	circuit court in the county wherein such person resides or
1866	wherein a formal or informal review was conducted pursuant to s.
1867	322.31. However, an appeal shall not stay the disqualification.
1868	This subsection shall not be construed to provide for a de novo
1869	appeal.
1870	(14)  The decision of the department under this section
1871	shall not be considered in any trial for a violation of s.
1872	316.193, s. 322.61, or s. 322.62, nor shall any written
1873	statement submitted by a person in his or her request for
1874	departmental review under this section be admissible into
1875	evidence against him or her in any such trial. The disposition
1876	of any related criminal proceedings shall not affect a
1877	disqualification imposed pursuant to this section.
1878	(15)  This section does not preclude the suspension of the
1879	driving privilege pursuant to s. 322.2615. The driving privilege
1880	of a person who has been disqualified from operating a
1881	commercial motor vehicle also may be suspended for a violation
1882	of s. 316.193.
1883	Section 43.  Subsection (10) of section 324.021, Florida
1884	Statutes, is amended to read:
1885	324.021  Definitions; minimum insurance required.--The
1886	following words and phrases when used in this chapter shall, for
1887	the purpose of this chapter, have the meanings respectively
1888	ascribed to them in this section, except in those instances
1889	where the context clearly indicates a different meaning:
1890	(10)  JUDGMENT.--Any judgment becoming which shall have
1891	become final by expiration without appeal of the time within
1892	which an appeal might have been perfected, or by final
1893	affirmation on appeal, rendered by a court of competent
1894	jurisdiction of any state or of the United States upon a cause
1895	of action arising out of the ownership, maintenance, or use of
1896	any motor vehicle for damages, including damages for care and
1897	loss of services because of bodily injury to or death of any
1898	person, or for damages because of injury to or destruction of
1899	property, including the loss of use thereof, or upon a cause of
1900	action on an agreement of settlement for such damage.
1901	Section 44.  Subsection (19) of section 501.976, Florida
1902	Statutes, is amended to read:
1903	501.976  Actionable, unfair, or deceptive acts or
1904	practices.--It is an unfair or deceptive act or practice,
1905	actionable under the Florida Deceptive and Unfair Trade
1906	Practices Act, for a dealer to:
1907	(19)  Fail to disclose damage to a new motor vehicle, as
1908	defined in s. 319.001(9)(8), of which the dealer had actual
1909	knowledge, if the dealer's actual cost of repairs exceeds the
1910	threshold amount, excluding replacement items.
1911
1912	In any civil litigation resulting from a violation of this
1913	section, when evaluating the reasonableness of an award of
1914	attorney's fees to a private person, the trial court shall
1915	consider the amount of actual damages in relation to the time
1916	spent.
1917	Section 45.  (1)  The Automobile Lenders Industry Task
1918	Force is created within the Department of Highway Safety and
1919	Motor Vehicles. The task force shall make recommendations on
1920	proposed legislation and proposed department rules, shall
1921	present issues concerning the motor vehicle lending industry to
1922	the department for its consideration, shall consider any matters
1923	relating to the motor vehicle lending industry which are
1924	presented to it by the department, and shall submit a final
1925	report, including legislative proposals to the Governor, the
1926	President of the Senate, the Speaker of the House of
1927	Representatives, and appropriate committees within the
1928	Legislature by June 30, 2009, when the task force shall cease to
1929	exist.
1930	(2)  The task force shall be composed of 12 members
1931	appointed by each of the following organizations: one
1932	representative of the Department of Highway Safety and Motor
1933	Vehicles; one representative of the independent motor vehicle
1934	industry, appointed by the Florida Independent Automobile
1935	Dealers Association; one representative of the franchise motor
1936	vehicle industry, appointed by the Florida Automobile Dealers
1937	Association; one representative of credit unions, appointed by
1938	the Florida Credit Union League; one representative of the
1939	banking industry, appointed by the Florida Bankers Association;
1940	one representative of the insurance industry, appointed by the
1941	Florida Insurance Council; one state attorney, appointed by the
1942	Florida State Attorneys Association; one representative of the
1943	Office of Financial Regulation of the Department of Financial
1944	Services; one representative of a law enforcement agency,
1945	appointed by the Florida Auto Theft Intelligence Unit; one
1946	representative of the auto repair industry, appointed by the
1947	Florida Automotive Services Association; one representative of
1948	the towing industry, appointed by the Professional Wrecker
1949	Operators of Florida; and one representative of independent
1950	motor vehicle finance companies, appointed by the Florida
1951	Financial Services Association.
1952	(3)(a)  The task force shall elect a chair and vice chair
1953	at its initial meeting, which shall be held by October 1, 2008.
1954	(b)  The task force shall meet at least four times in
1955	different areas of the state, including one meeting in
1956	Tallahassee. Meetings may be called by the chair or by a simple
1957	majority of the members. The task force shall conduct all
1958	meetings pursuant to general law and shall keep minutes of its
1959	meetings. Meetings may be held in locations around the state in
1960	department facilities or in other appropriate locations. The
1961	department shall provide administrative support to the task
1962	force.
1963	(4)  Members from the private sector are not entitled to
1964	per diem or reimbursement for travel expenses. However, members
1965	from the public sector are entitled to reimbursement, if any,
1966	from their respective agency. The task force may request
1967	assistance from the Department of Highway Safety and Motor
1968	Vehicles as necessary.
1969	Section 46.  Except for a specialty license plate proposal
1970	which has submitted a letter of intent to the Department of
1971	Highway Safety and Motor Vehicles prior to May 2, 2008, and
1972	which has submitted a valid survey, marketing strategy, and
1973	application fee as required by s. 320.08053, Florida Statutes,
1974	prior to the effective date of this act, or which was included
1975	in a bill filed during the 2008 Legislative Session, the
1976	Department of Highway Safety and Motor Vehicles may not issue
1977	any new specialty license plates pursuant to ss. 320.08056 and
1978	320.08058, Florida Statutes, between July 1, 2008, and July 1,
1979	2011.
1980	Section 47.  Joseph P. Bertrand Building designated;
1981	Department of Highway Safety and Motor Vehicles to erect
1982	suitable markers.--
1983	(1)  The Regional Transportation Management Center in the
1984	City of Fort Myers in Lee County is designated the "Joseph P.
1985	Bertrand Building."
1986	(2)  The Department of Highway Safety and Motor Vehicles is
1987	directed to erect suitable markers designating the "Joseph P.
1988	Bertrand Building" as described in subsection (1).
1989	Section 48.  Except as otherwise expressly provided in this
1990	act and except for this section, which shall take effect upon
1991	this act becoming a law, this act shall take effect October 1,
1992	2008.
1993
1994
1995	-----------------------------------------------------
1996	T I T L E  A M E N D M E N T
1997	Remove the entire title and insert:
1998	A bill to be entitled
1999	An act relating to the Department of Highway Safety and
2000	Motor Vehicles; amending s. 316.0741, F.S.; redefining the
2001	term "hybrid vehicle"; authorizing the driving of a
2002	hybrid, low-emission, or energy-efficient vehicle in a
2003	high-occupancy-vehicle lane regardless of occupancy;
2004	authorizing the department to limit or discontinue such
2005	driving under certain circumstances; directing the
2006	Department of Transportation to review a specified federal
2007	rule and make a report to the Legislature; exempting
2008	certain vehicles from the payment of certain tolls;
2009	amending s. 316.1575, F.S.; requiring a person walking or
2010	driving a vehicle to stop at a railroad crossing upon the
2011	signal of a law enforcement officer; amending s. 316.1895,
2012	F.S.; requiring the placement of signs in certain school
2013	zones stating that speeding fines are doubled within the
2014	zone; amending s. 316.193, F.S.; lowering the blood-
2015	alcohol or breath-alcohol level for which enhanced
2016	penalties are imposed against a person convicted of
2017	driving under the influence; clarifying that an ignition
2018	interlock device is installed for a continuous period;
2019	amending s. 316.1937, F.S.; revising the conditions under
2020	which the court may require the use of an ignition
2021	interlock device; amending s. 316.2397, F.S.; authorizing
2022	specified agencies to display blue lights when responding
2023	to emergencies; amending s. 316.251, F.S.; conforming a
2024	cross-reference; amending s. 316.302, F.S.; revising
2025	references to rules, regulations, and criteria governing
2026	commercial motor vehicles engaged in intrastate commerce;
2027	providing that the Department of Transportation performs
2028	duties assigned to the Field Administrator of the Federal
2029	Motor Carrier Safety Administration under the federal
2030	rules and may enforce those rules; amending ss. 316.613
2031	and 316.614, F.S.; revising the definition of "motor
2032	vehicle" for purposes of child restraint and safety belt
2033	usage requirements; amending s. 316.645, F.S.; authorizing
2034	a police officer to make an arrest upon probable cause of
2035	a violation of laws governing motor vehicle licenses;
2036	amending s. 316.650, F.S.; revising requirements for
2037	traffic citation forms; providing for the electronic
2038	transmission of citation data; amending s. 316.656, F.S.;
2039	lowering the percentage of blood or breath alcohol content
2040	relating to the prohibition against pleading guilty to a
2041	lesser offense of driving under the influence than the
2042	offense charged; amending s. 318.14, F.S.; prohibiting a
2043	person from electing more than five times within 10 years
2044	to attend a basic driver improvement course approved by
2045	the Department of Highway Safety and Motor Vehicles in
2046	lieu of making a court appearance; amending s. 319.001,
2047	F.S.; defining the term "certificate of title" to include
2048	information stored electronically in the department's
2049	database; amending s. 320.01, F.S.; revising the
2050	definition of the term "motorcycle" to exclude a vehicle
2051	in which the operator is enclosed by a cabin; amending s.
2052	320.02, F.S.; deleting the requirement for a motorcycle
2053	endorsement at the time of original registration of a
2054	motorcycle, motor-driven cycle, or moped; repealing s.
2055	320.02(13), F.S., relating to a motor vehicle registration
2056	voluntary contribution for the Election Campaign Financing
2057	Trust Fund; amending s. 320.0706, F.S.; providing that a
2058	violation of requirements for displaying a truck license
2059	plate is a moving violation; amending s. 320.0715, F.S.;
2060	requiring the department to withhold issuing or to suspend
2061	a registration and license plate for a commercial motor
2062	vehicle if the federal identifying number is not provided
2063	or if the motor carrier or vehicle owner has been
2064	prohibited from operating; amending s. 320.08053, F.S.;
2065	removing a requirement that the department create certain
2066	specifications by rule for specialty license plates;
2067	amending s. 320.0894, F.S.; providing for issuance of Gold
2068	Star license plates to certain family members; amending s.
2069	320.131, F.S.; requiring motor vehicle temporary tags to
2070	be affixed on the exterior of the vehicle; revising the
2071	requirement that the department specify media for motor
2072	vehicle temporary tags; revising the requirement that the
2073	department implement a print-on-demand electronic system
2074	for temporary tag issuance; providing for limited use of a
2075	backup manual issuance method during an outage; providing
2076	for rulemaking and certain exemptions; amending s. 320.27,
2077	F.S.; revising the insurance requirements for persons
2078	applying for a motor vehicle dealer license; conforming a
2079	cross-reference; repealing s. 320.96, F.S., relating to a
2080	print-on-demand electronic temporary license plate system;
2081	amending s. 322.01, F.S.; defining the term "convenience
2082	service" for purposes of transactions with the department;
2083	revising the definition of the term "conviction" to
2084	provide for application to offenses committed by a person
2085	holding a commercial driver's license; revising the
2086	definition of the terms "hazardous materials" and "out-of-
2087	service order"; amending s. 322.03, F.S.; removing
2088	provisions for issuance of a license valid in Florida
2089	only; prohibiting a person from holding more than one
2090	driver's license; authorizing use of such licenses until
2091	next renewal; amending s. 322.051, F.S.; revising
2092	requirements for application for issuance or renewal of an
2093	identification card; revising provisions providing for the
2094	expiration of an identification card issued by the
2095	department; amending s. 322.08, F.S.; revising
2096	requirements for application for a driver's license;
2097	removing a provision requiring the application form to
2098	include language permitting a voluntary contribution for
2099	the Election Campaign Financing Trust Fund; amending s.
2100	322.14, F.S.; revising provisions for content of a
2101	driver's license; requiring the license to contain the
2102	licensee's residence address; removing a requirement that
2103	the license contain the licensee's mailing address;
2104	amending s. 322.15, F.S.; authorizing a law enforcement
2105	officer or authorized representative of the department to
2106	collect a person's fingerprints electronically; amending
2107	s. 322.17, F.S.; revising provisions for replacement of an
2108	instruction permit or driver license; removing fee
2109	amounts; requiring payment of specified fee amounts;
2110	removing a provision for a change of address sticker;
2111	conforming cross-references; amending s. 322.18, F.S.;
2112	revising provisions providing for the expiration and
2113	renewal of driver's licenses; providing for the renewal of
2114	certain licenses every 8 years; conforming cross-
2115	references; providing for the renewal of licenses using a
2116	convenience service; requiring the department to issue new
2117	licenses rather than extension stickers; repealing s.
2118	322.181(4), F.S., relating to the Florida At-Risk Driver
2119	Council; amending s. 322.19, F.S.; revising provisions for
2120	a licensee changing address; removing a provision for the
2121	licensee to request a change-of-address sticker;
2122	conforming cross-references; amending s. 322.21, F.S.;
2123	revising fees for issuance of original, renewal, and
2124	replacement driver's licenses and identification cards;
2125	revising fees for specified endorsements; providing for
2126	distribution of revised fees; amending s. 322.2715, F.S.;
2127	providing that the required installation period of an
2128	ignition interlock device for certain DUI offenses be
2129	continuous; amending s. 322.291, F.S.; providing
2130	additional requirements for a third or subsequent
2131	violation of requirements for installation of an ignition
2132	interlock device; requiring treatment and extension of the
2133	duration of the ignition interlock requirement; amending
2134	s. 322.36, F.S.; requiring the suspension for a specified
2135	period of the driver's license of a person who loans a
2136	vehicle to a person whose driver's license is suspended if
2137	that vehicle is involved in an accident resulting in
2138	bodily injury or death; repealing s. 322.60, F.S.,
2139	relating to the prohibition on commercial motor vehicle
2140	drivers possessing more than one license; amending s.
2141	322.61, F.S.; clarifying provisions disqualifying a person
2142	from operating a commercial motor vehicle following
2143	certain traffic violations; providing for permanent
2144	disqualification following conviction of a felony
2145	involving the manufacture, distribution, or dispensing of
2146	a controlled substance; amending s. 322.64, F.S.;
2147	providing that a person's privilege to drive a commercial
2148	motor vehicle is disqualified if the person was driving or
2149	in actual physical control of a commercial motor vehicle,
2150	or any motor vehicle if the person holds a commercial
2151	driver's license, with an unlawful blood-alcohol level or
2152	breath-alcohol level or refuses to submit to a breath,
2153	urine, or blood test; providing for the period of
2154	disqualification; providing procedures; providing for
2155	issuance of a notice of disqualification; revising the
2156	requirements for a formal review hearing following a
2157	person's disqualification from operating a commercial
2158	motor vehicle; amending s. 324.021, F.S.; clarifying that
2159	a judgment becomes final by expiration of the time for
2160	appeal; amending s. 501.976, F.S.; conforming a cross-
2161	reference; creating the Automobile Lenders Industry Task
2162	Force within the Department of Highway Safety and Motor
2163	Vehicles; providing duties of the task force; providing
2164	for membership and the election of officers; providing for
2165	meetings; providing for reimbursement for travel and per
2166	diem expenses for public-sector members; requiring the
2167	department to provide administrative support and
2168	assistance to the task force; prohibiting the Department
2169	of Highway Safety and Motor Vehicles from issuing any new
2170	specialty license plates for a specified period;
2171	designating the Joseph P. Bertrand Building in Lee County;
2172	providing effective dates.

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