1

A bill to be entitled

2

An act relating to the Department of Highway Safety and

3

Motor Vehicles; amending s. 316.0741, F.S.; redefining the

4

term "hybrid vehicle"; authorizing the driving of a

5

hybrid, low-emission, or energy-efficient vehicle in a

6

high-occupancy-vehicle lane regardless of occupancy;

7

authorizing the department to limit or discontinue such

8

driving under certain circumstances; exempting such

9

vehicles from the payment of certain tolls; amending s.

10

316.1575, F.S.; requiring a person walking or driving a

11

vehicle to stop at a railroad crossing upon the signal of

12

a law enforcement officer; amending s. 316.159, F.S.;

13

requiring the driver of a commercial motor vehicle to slow

14

when approaching a railroad crossing; providing that a

15

violation of such requirement is a noncriminal moving

16

violation; amending s. 316.1895, F.S.; requiring the

17

placement of signs in certain school zones stating that

18

speeding fines are doubled within the zone; amending s.

19

316.191, F.S.; revising provisions prohibiting certain

20

speed competitions and exhibitions; revising the

21

definition of the terms "conviction," "drag race," and

22

"race"; defining the terms "exhibition of acceleration,"

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"exhibition of speed," and "spectator"; prohibiting

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driving in any race, drag race, exhibition of speed, or

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exhibition of acceleration; prohibiting certain acts in

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association with a race, drag race, exhibition of speed,

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or exhibition of acceleration; prohibiting being a

28

spectator at any such race, drag race, or exhibition;

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providing for a rebuttable presumption that a person is a

30

spectator; providing criminal and noncriminal penalties;

31

providing for revocation of the driver's license upon

32

conviction; providing for disposition of citation for

33

being a spectator; providing penalties for a second or

34

subsequent offense; providing that a violation that causes

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or contributes to causing serious bodily injury to another

36

is a felony of the third degree; providing that a

37

violation that causes or contributes to causing the death

38

of any human being or unborn quick child is the crime of

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racing manslaughter; providing penalties; providing for a

40

determination of the definition of the term "unborn quick

41

child"; requiring that the driving record of a person

42

charged be provided to the court; providing criteria for

43

arrest; providing procedures for charging the owner of a

44

motor vehicle as a spectator if the owner's vehicle is

45

parked or operated in near proximity to any such race,

46

drag race, or exhibition; providing for citations,

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disposition procedures, and enforcement; providing

48

procedures for impoundment or immobilization of a motor

49

vehicle under a court order; providing for release from

50

impoundment under specified exceptions; requiring costs

51

and fees of impoundment to be paid by the owner or lessee

52

of the motor vehicle; providing procedures for an

53

arresting officer to immediately impound a motor vehicle

54

used in a violation; providing for the period of

55

impoundment; removing a requirement for impoundment that

56

the person being arrested is the registered owner or

57

coowner of the motor vehicle; providing for seizure and

58

forfeiture of a motor vehicle used in a violation;

59

removing provisions for application only after a prior

60

conviction and only if the owner of the motor vehicle is

61

the person charged with the violation; providing for a

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motor vehicle used in violation to be seized and forfeited

63

under the Florida Contraband Forfeiture Act regardless of

64

whether the violation is a misdemeanor or felony;

65

providing for satisfaction of the element of negligent

66

entrustment; providing for severability; amending s.

67

316.193, F.S.; lowering the blood-alcohol or breath-

68

alcohol level for which enhanced penalties are imposed

69

against a person who was accompanied in the vehicle by a

70

minor at the time of the offense; amending s. 316.1937,

71

F.S.; revising the conditions under which the court may

72

require the use of an ignition interlock device; amending

73

s. 316.29545, F.S.; exempting certain investigative

74

vehicles from the prohibition against installing window

75

sunscreening on a vehicle; amending s. 316.302, F.S.;

76

revising the application of certain federal rules;

77

providing for the department to perform certain duties

78

assigned under federal rules; updating a reference to

79

federal provisions governing out-of-service requirements

80

for commercial vehicles; amending s. 316.3045, F.S.;

81

providing enhanced penalties, including forfeiture of the

82

vehicle, upon multiple convictions for violating

83

prohibitions against the use of excessively loud

84

soundmaking equipment in a motor vehicle; amending ss.

85

316.613 and 316.614, F.S.; redefining the term "motor

86

vehicle" to exclude certain trucks from the requirement to

87

use a child restraint or safety belt; amending s. 316.645,

88

F.S.; authorizing a police officer to make an arrest upon

89

probable cause of a violation of laws governing motor

90

vehicle licenses; amending s. 316.650, F.S.; revising

91

requirements for traffic citation forms; providing for the

92

electronic transmission of citation data; amending s.

93

316.656, F.S.; lowering the percentage of blood or breath

94

alcohol content relating to the prohibition against

95

pleading guilty to a lesser offense of driving under the

96

influence than the offense charged; amending s. 319.001,

97

F.S.; defining the term "certificate of title" to include

98

information stored electronically in the department's

99

database; amending s. 320.0706, F.S.; providing that a

100

violation of requirements for displaying a truck license

101

plate is a moving violation; amending s. 320.0715, F.S.;

102

requiring the department to withhold issuing or to suspend

103

a registration and license plate for a commercial motor

104

vehicle if the federal identifying number is not provided

105

or if the motor carrier or vehicle owner has been

106

prohibited from operating; amending s. 320.01, F.S.;

107

redefining the term "motorcycle" to exclude a vehicle

108

where the operator is enclosed by a cabin; amending s.

109

320.02, F.S., as amended; deleting the requirement for a

110

motorcycle endorsement at the time of original

111

registration of a motorcycle, motor-driven cycle, or

112

moped; repealing s. 320.02(13), F.S., relating to a motor

113

vehicle registration voluntary contribution for the

114

Election Campaign Financing Trust Fund; repealing s.

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320.08053(3), F.S., relating to provisions requiring that

116

the department adopt rules providing certain

117

specifications for the design of specialty license plates;

118

amending s. 320.27, F.S.; revising evidence required for

119

motor vehicle dealer applications; amending s. 322.01,

120

F.S.; defining the term "convenience service"; redefining

121

the terms "conviction," "hazardous materials," and "out-

122

of-service order"; amending s. 322.0255, F.S.; revising

123

eligibility for reimbursement for organizations that

124

conduct motorcycle safety courses; amending s. 322.03,

125

F.S.; deleting provisions exempting certain persons from

126

the requirement to surrender a license issued by another

127

jurisdiction; providing certain exceptions for part-time

128

residents; amending ss. 322.051 and 322.08, F.S.;

129

requiring that an applicant for an identification card or

130

driver's license provide additional information;

131

authorizing use of additional documents to prove identity;

132

revising the fee requirements; revising provisions

133

providing for the expiration of an identification card

134

issued by the department; deleting provisions authorizing

135

a voluntary contribution; amending s. 322.14, F.S.;

136

requiring that an applicant for a driver's license provide

137

a residence address; amending s. 322.15, F.S.; authorizing

138

a law enforcement officer or authorized representative of

139

the department to collect a person's fingerprints

140

electronically; amending s. 322.17, F.S.; revising the

141

requirements for obtaining a replacement license or

142

permit; deleting provisions authorizing the department to

143

issue address stickers; amending s. 322.18, F.S.; revising

144

provisions providing for the expiration of driver's

145

licenses; providing for the renewal of certain licenses

146

every 8 years and for the renewal of licenses for persons

147

older than a specified age every 6 years; providing for

148

the renewal of licenses using a convenience service;

149

requiring the department to issue new licenses rather than

150

extension stickers; conforming cross-references; amending

151

s. 322.19, F.S.; deleting provisions authorizing the use

152

of a change-of-address sticker on a driver's license;

153

conforming cross-references; amending s. 322.21, F.S.;

154

increasing the fees charged for obtaining a new or renewal

155

driver's license or identification card; specifying that a

156

portion of the fees be deposited for use by the

157

department; amending s. 322.2715, F.S.; clarifying that an

158

ignition interlock device is installed for a continuous

159

period; amending s. 322.291, F.S.; imposing additional

160

sanctions against a person who violates requirements with

161

respect to an ignition interlock device; amending s.

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322.36, F.S.; requiring the suspension for a specified

163

period of the driver's license of a person who loans a

164

vehicle to a person whose driver's license is suspended if

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that vehicle is involved in an accident resulting in

166

bodily injury or death; repealing s. 322.60, F.S.,

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relating to a prohibition against possessing more than one

168

driver's license under certain circumstances; amending s.

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322.61, F.S.; clarifying provisions disqualifying a person

170

from operating a commercial motor vehicle following

171

certain traffic violations; providing for permanent

172

disqualification following conviction of a felony

173

involving the manufacture, distribution, or dispensing of

174

a controlled substance; amending s. 322.64, F.S.;

175

providing that refusal to submit to a breath, urine, or

176

blood test disqualifies a person from operating a

177

commercial motor vehicle; providing a period of

178

disqualification if a person has an unlawful blood-alcohol

179

or breath-alcohol level; providing for issuance of a

180

notice of disqualification; revising the requirements for

181

a formal review hearing following a person's

182

disqualification from operating a commercial motor

183

vehicle; amending s. 324.021, F.S.; clarifying that a

184

judgment becomes final by expiration of the time for

185

appeal; creating the Automobile Lenders Industry Task

186

Force within the Department of Highway Safety and Motor

187

Vehicles; providing duties of the task force; providing

188

for membership and the election of officers; providing for

189

meetings; providing for reimbursement for travel and per

190

diem expenses for public-sector members; requiring the

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department to provide administrative support and

192

assistance to the task force; providing effective dates.

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194

Be It Enacted by the Legislature of the State of Florida:

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196

     Section 1.  Section 316.0741, Florida Statutes, is amended

197

to read:

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     316.0741 High-occupancy-vehicle High occupancy vehicle

199

lanes.--

200

     (1) As used in this section, the term:

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(a) "High-occupancy-vehicle "High occupancy vehicle lane"

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or "HOV lane" means a lane of a public roadway designated for use

203

by vehicles in which there is more than one occupant unless

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otherwise authorized by federal law.

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(b) "Hybrid vehicle" means a motor vehicle that:

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1. Draws propulsion energy from onboard sources of stored

207

energy which are both an internal combustion or heat engine using

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combustible fuel and a rechargeable energy-storage system; and

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2. In the case of a passenger automobile or light truck,

210

has received a certificate of conformity under the Clean Air Act,

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42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent

212

qualifying California standards for a low-emission vehicle.

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     (2)  The number of persons that must be in a vehicle to

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qualify for legal use of the HOV lane and the hours during which

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the lane will serve as an HOV lane, if it is not designated as

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such on a full-time basis, must also be indicated on a traffic

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control device.

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     (3) Except as provided in subsection (4), a vehicle may not

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be driven in an HOV lane if the vehicle is occupied by fewer than

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the number of occupants indicated by a traffic control device. A

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driver who violates this section shall be cited for a moving

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violation, punishable as provided in chapter 318.

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     (4)(a) Notwithstanding any other provision of this section,

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an inherently low-emission vehicle (ILEV) that is certified and

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labeled in accordance with federal regulations may be driven in

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an HOV lane at any time, regardless of its occupancy. In

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addition, upon the state's receipt of written notice from the

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proper federal regulatory agency authorizing such use, a vehicle

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defined as a hybrid vehicle under this section may be driven in

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an HOV lane at any time, regardless of its occupancy.

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(b) All eligible hybrid and all other eligible low-emission

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and energy-efficient vehicles driven in an HOV lane must comply

233

with the minimum fuel economy standards in 23 U.S.C. s.

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166(f)(3)(B).

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(c) The eligibility of hybrid and other low-emission and

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energy-efficient vehicles for operation in an HOV lane regardless

237

of occupancy shall be determined in accordance with the

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applicable final rule issued by the United State Environmental

239

Protection Agency pursuant to 23 U.S.C. s. 166(e) and shall take

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effect on the effective date of the rule.

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(5) The department shall issue a decal and registration

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certificate, to be renewed annually, reflecting the HOV lane

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designation on such vehicles meeting the criteria in subsection

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(4) and authorizing driving in an HOV lane at any time such use.

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The department may charge a fee for a decal, not to exceed the

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costs of designing, producing, and distributing each decal, or

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$5, whichever is less. The proceeds from sale of the decals shall

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be deposited in the Highway Safety Operating Trust Fund. The

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department may, for reasons of operation and management of HOV

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facilities, limit or discontinue issuance of decals for the use

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of HOV facilities by hybrid, low-emission, and energy-efficient

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vehicles regardless of occupancy if it has been determined by the

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Department of Transportation that the facilities are degraded as

254

defined by 23 U.S.C. s. 166(d)(2).

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(6) Vehicles that have decals by virtue of compliance with

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the minimum fuel-economy standards under 23 U.S.C. s.

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166(f)(3)(B), and that are registered for use in high-occupancy

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toll lanes or express lanes in accordance with Department of

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Transportation rule, shall be allowed to use any HOV lanes

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redesignated as high-occupancy toll lanes or express lanes

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without payment of a toll.

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     (5) As used in this section, the term "hybrid vehicle"

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means a motor vehicle:

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     (a) That draws propulsion energy from onboard sources of

265

stored energy which are both:

266

     1. An internal combustion or heat engine using combustible

267

fuel; and

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     2. A rechargeable energy storage system; and

269

     (b) That, in the case of a passenger automobile or light

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truck:

271

     1. Has received a certificate of conformity under the Clean

272

Air Act, 42 U.S.C. ss. 7401 et seq.; and

273

     2. Meets or exceeds the equivalent qualifying California

274

standards for a low-emission vehicle.

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     (7)(6) The Department of Transportation is authorized to

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may adopt rules necessary to implement and administer this

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section.

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     Section 2.  Subsection (1) of section 316.1575, Florida

279

Statutes, is amended to read:

280

     316.1575  Obedience to traffic control devices at railroad-

281

highway grade crossings.--

282

     (1)  Any person walking or driving a vehicle and approaching

283

a railroad-highway grade crossing under any of the circumstances

284

stated in this section shall stop within 50 feet but not less

285

than 15 feet from the nearest rail of such railroad and shall not

286

proceed until he or she can do so safely. The foregoing

287

requirements apply when:

288

     (a)  A clearly visible electric or mechanical signal device

289

gives warning of the immediate approach of a railroad train;

290

     (b) A crossing gate is lowered or a law enforcement officer

291

or a human flagger gives or continues to give a signal of the

292

approach or passage of a railroad train;

293

     (c)  An approaching railroad train emits an audible signal

294

or the railroad train, by reason of its speed or nearness to the

295

crossing, is an immediate hazard; or

296

     (d)  An approaching railroad train is plainly visible and is

297

in hazardous proximity to the railroad-highway grade crossing,

298

regardless of the type of traffic control devices installed at

299

the crossing.

300

     Section 3.  Section 316.159, Florida Statutes, is amended to

301

read:

302

     316.159 Certain vehicles to stop or slow at all railroad

303

grade crossings.--

304

     (1)  The driver of any motor vehicle carrying passengers for

305

hire, excluding taxicabs, of any school bus carrying any school

306

child, or of any vehicle carrying explosive substances or

307

flammable liquids as a cargo or part of a cargo, before crossing

308

at grade any track or tracks of a railroad, shall stop such

309

vehicle within 50 feet but not less than 15 feet from the nearest

310

rail of the railroad and, while so stopped, shall listen and look

311

in both directions along the track for any approaching train, and

312

for signals indicating the approach of a train, except as

313

hereinafter provided, and shall not proceed until he or she can

314

do so safely. After stopping as required herein and upon

315

proceeding when it is safe to do so, the driver of any such

316

vehicle shall cross only in a gear of the vehicle so that there

317

will be no necessity for changing gears while traversing the

318

crossing, and the driver shall not shift gears while crossing the

319

track or tracks.

320

     (2)  No stop need be made at any such crossing where a

321

police officer, a traffic control signal, or a sign directs

322

traffic to proceed. However, any school bus carrying any school

323

child shall be required to stop unless directed to proceed by a

324

police officer.

325

     (3) The driver of a commercial motor vehicle that is not

326

required to stop under subsection (1) or subsection (2) shall,

327

before crossing at grade any track or tracks of a railroad, slow

328

down and check that the tracks are clear of an approaching train.

329

     (4)(3) A violation of this section is a noncriminal traffic

330

infraction, punishable as a moving violation as provided in

331

chapter 318.

332

     Section 4.  Effective July 1, 2006, subsection (6) of

333

section 316.1895, Florida Statutes, is amended to read:

334

     316.1895  Establishment of school speed zones, enforcement;

335

designation.--

336

     (6)  Permanent signs designating school zones and school

337

zone speed limits shall be uniform in size and color, and shall

338

have the times during which the restrictive speed limit is

339

enforced clearly designated thereon. Flashing beacons activated

340

by a time clock, or other automatic device, or manually activated

341

may be used as an alternative to posting the times during which

342

the restrictive school speed limit is enforced. Beginning July 1,

343

2008, for any newly established school zone or any school zone in

344

which the signing has been replaced, a sign stating "Speeding

345

Fines Doubled" shall be installed within the school zone. The

346

Department of Transportation shall establish adequate standards

347

for the signs and flashing beacons.

348

     Section 5.  Section 316.191, Florida Statutes, is amended to

349

read:

350

     316.191  Racing on highways.--

351

     (1)  As used in this section, the term:

352

     (a)  "Conviction" means a determination of guilt that is the

353

result of a plea or trial, regardless of whether or not

354

adjudication is withheld.

355

     (b)  "Drag race" means the operation of two or more motor

356

vehicles in competition, arising from a challenge to demonstrate

357

superiority of a motor vehicle or driver and the acceptance or

358

competitive response to that challenge, either through a prior

359

arrangement or in immediate response, from a point side by side

360

at accelerating speeds in a competitive attempt to outdistance

361

each other, or the operation of one or more motor vehicles over a

362

common selected course, from the same point to the same point,

363

for the purpose of comparing the relative speeds or power of

364

acceleration of such motor vehicle or motor vehicles within a

365

certain distance or time limit. A drag race may be prearranged or

366

may occur through a competitive response to conduct on the part

367

of one or more drivers which, under the totality of the

368

circumstances, can reasonably be interpreted as a challenge to

369

participate in a drag race.

370

     (c) "Exhibition of acceleration" means the use of a motor

371

vehicle in a demonstration to another person or persons,

372

including, but not limited to, any passenger of such motor

373

vehicle or the driver or passenger of another motor vehicle, of

374

the motor vehicle's ability to accelerate by a sudden increase in

375

speed causing a tire to lose firm traction with, or burn, smoke,

376

or squeal against, the road surface which results in the

377

vehicle's continuous acceleration to a final speed that exceeds

378

the posted or lawful speed limit.

379

     (d) "Exhibition of speed" means the use of a motor vehicle

380

in a demonstration to another person or persons, including, but

381

not limited to, any passenger of such motor vehicle or the driver

382

or passenger of another motor vehicle, of the motor vehicle's

383

speed or handling capabilities at a speed of at least double the

384

posted or lawful speed limit or 100 miles per hour, whichever is

385

less.

386

     (e)(c) "Race Racing" means the use of one or more motor

387

vehicles in competition, arising from a challenge to demonstrate

388

superiority of a motor vehicle or driver and the acceptance or

389

competitive response to that challenge, either through a prior

390

arrangement or in immediate response, in which the competitor

391

attempts an attempt to outgain or outdistance another motor

392

vehicle, to prevent another motor vehicle from passing, to arrive

393

at a given destination ahead of another motor vehicle or motor

394

vehicles, or to test the physical stamina or endurance of drivers

395

over long-distance driving routes. A race may be prearranged or

396

may occur through a competitive response to conduct on the part

397

of one or more drivers which, under the totality of the

398

circumstances, can reasonably be interpreted as a challenge to

399

race.

400

     (f) "Spectator" means any person who is knowingly present

401

at and views an illegal race, drag race, or exhibition when such

402

presence is the result of an affirmative choice to attend or

403

participate in the race or exhibition. For purposes of

404

determining whether or not an individual is a spectator, finders

405

of fact shall consider the relationship between the racer and the

406

individual, evidence of gambling or betting on the outcome of the

407

race, and any other factor that would tend to show knowing

408

attendance or participation.

409

     (2)(a) A person operating or in actual physical control of

410

a motor vehicle, including any motorcycle, on any street or

411

highway or publicly accessible parking lot may not:

412

     1. Drive any motor vehicle, including any motorcycle, in

413

any race;,

414

     2. Drive in any speed competition or contest, drag race; or

415

acceleration contest, test of physical endurance, or

416

     3. Drive in any exhibition of speed; or

417

     4. Drive in any exhibition of acceleration. or for the

418

purpose of making a speed record on any highway, roadway, or

419

parking lot;

420

     (b) A person may not:

421

     1.2. In any manner knowingly participate in, coordinate,

422

facilitate, or collect moneys at any location for any such race,

423

drag race competition, contest, test, or exhibition prohibited

424

under paragraph (a);

425

     2.3. Knowingly ride as a passenger in any such race, drag

426

race competition, contest, test, or exhibition prohibited under

427

paragraph (a); or

428

     3.4. Knowingly Purposefully cause the movement of traffic

429

to slow or stop for any such race, drag race competition,

430

contest, test, or exhibition prohibited under paragraph (a).

431

     (c) A person may not be a spectator at any such race, drag

432

race, or exhibition prohibited under paragraph (a). A vehicle

433

parked or operated in near proximity to any such race, drag race,

434

or exhibition under circumstances suggesting that the driver or

435

operator of such vehicle is a spectator creates a rebuttable

436

presumption that the registered owner of the vehicle is a

437

spectator for all purposes of this section.

438

     (3)(a) Any person who violates any provision of this

439

paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of the

440

second first degree, punishable as provided in s. 775.082 or s.

441

775.083. Any person who violates any provision of this paragraph

442

(2)(a) or paragraph (2)(b) shall pay a fine of not less than $250

443

$500 and not more than $500 $1,000, and the court shall revoke

444

the driver's license of a person so convicted for 2 years

445

regardless of whether or not adjudication is withheld and the

446

department shall revoke the driver license of a person so

447

convicted for 1 year. A hearing may be requested pursuant to s.

448

322.271.

449

     (b) Any person who violates the provisions of paragraph

450

(2)(c) commits a noncriminal violation, punishable as provided in

451

s. 775.083, and must be cited to appear before a county judge for

452

disposition of the violation. Any person who violates the

453

provisions of paragraph (2)(c) shall pay a fine of not less than

454

$250 and not more than $500.

455

     (c)(b) Any person who violates any provision of paragraph

456

(2)(a) or paragraph (2)(b) within 5 years after the date of a

457

prior violation that resulted in a conviction for a violation of

458

paragraph (2)(a) or paragraph (2)(b) this subsection commits a

459

misdemeanor of the first degree, punishable as provided in s.

460

775.082 or s. 775.083, and shall pay a fine of not less than $500

461

and not more than $1,000. In any second or subsequent conviction,

462

the court may not withhold adjudication of guilt and shall revoke

463

the driver's license of that person for 5 years. The department

464

shall also revoke the driver license of that person for 2 years.

465

A hearing may be requested pursuant to s. 322.271.

466

     (d) Any person who violates any provision of paragraph

467

(2)(a) or paragraph (2)(b) and by reason of such violation causes

468

or in any way contributes to causing damage to the property or

469

person of another commits a misdemeanor of the first degree,

470

punishable as provided in s. 775.082 or s. 775.083, and shall pay

471

a fine of not less than $500 and not more than $1,000, and the

472

court shall revoke the driver's license of a person so convicted

473

for 2 years regardless of whether or not adjudication is

474

withheld. A hearing may be requested pursuant to s. 322.271.

475

     (e) Any person who violates any provision of paragraph

476

(2)(a) or paragraph (2)(b) and by reason of such violation causes

477

or in any way contributes to causing serious bodily injury to

478

another, as defined in s. 316.1933, commits a felony of the third

479

degree, punishable as provided in s. 775.082, s. 775.083, or s.

480

775.084, and shall pay a fine of not less than $1,000.

481

     (f) Any person who violates any provision of paragraph

482

(2)(a) or paragraph (2)(b) and by reason of such violation causes

483

or in any way contributes to causing the death of any human being

484

or unborn quick child commits the crime of racing manslaughter.

485

In any conviction under this paragraph, the court may not

486

withhold adjudication of guilt and shall permanently revoke the

487

driver's license of a person so convicted. A hearing may be

488

requested pursuant to s. 322.271. A person so convicted commits:

489

     1. A felony of the second degree, punishable as provided in

490

s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

491

not less than $5,000; or

492

     2. A felony of the first degree, punishable as provided in

493

s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

494

not less than $5,000, if:

495

     a. At the time of the crash, the person knew, or should

496

have known, that the crash occurred; and

497

     b. The person failed to give information and render aid as

498

required by s. 316.062.

499

500

For purposes of this paragraph, the definition of the term

501

"unborn quick child" shall be determined in accordance with the

502

definition of viable fetus as set forth in s. 782.071. A person

503

who is convicted of racing manslaughter shall be sentenced to a

504

mandatory minimum term of imprisonment of 4 years.

505

     (4)(c) In any case charging a violation of paragraph (2)(a)

506

or paragraph (2)(b), the court shall be provided a copy of the

507

driving record of the person charged and may obtain any records

508

from any other source to determine if one or more prior

509

convictions of the person for violation of paragraph (2)(a) or

510

paragraph (2)(b) have occurred within 5 years prior to the

511

charged offense; however, at trial, proof of such prior

512

conviction must be made by certified copy of any prior judgment

513

of conviction or judgment withholding adjudication of guilt.

514

     (5)(a)(3) Whenever a law enforcement officer determines

515

that a person has committed a violation of paragraph (2)(a) or

516

paragraph (2)(b) was engaged in a drag race or race, as described

517

in subsection (1), the officer may immediately arrest and take

518

such person into custody, consistent with constitutional

519

requirements, regardless of whether or not the offense was

520

committed in the presence of the officer or whether the officer's

521

determination is based upon information provided by anonymous

522

tipsters, citizen informants, or any other source. The court may

523

enter an order of impoundment or immobilization as a condition of

524

incarceration or probation. Within 7 business days after the date

525

the court issues the order of impoundment or immobilization, the

526

clerk of the court must send notice by certified mail, return

527

receipt requested, to the registered owner of the motor vehicle,

528

if the registered owner is a person other than the defendant, and

529

to each person of record claiming a lien against the motor

530

vehicle.

531

     (b) A law enforcement officer who determines that, in

532

accordance with the provisions of paragraph (2)(c), the driver of

533

a motor vehicle parked or operated in near proximity to any such

534

race, drag race, or exhibition is a spectator, the officer may

535

file a uniform traffic citation with the clerk of court of the

536

jurisdiction wherein the offense was committed charging the

537

registered owner of such vehicle with the proscribed offense. The

538

clerk shall issue a notice to appear to the registered owner's

539

last known address maintained by the department and shall

540

schedule a mandatory court appearance before a county judge

541

within 30 days after the filing of the citation. The failure of

542

such person to appear as required or to comply with any fine

543

imposed under this paragraph shall be subject to the procedures

544

of s. 318.15 governing failures to appear or to pay. An officer

545

may use any photographic or recording equipment in determining

546

the tag number or registered owner of any vehicle pursuant to

547

this paragraph.

548

     (c)(a) Notwithstanding any provision of law to the

549

contrary, the impounding agency shall release a motor vehicle

550

under the conditions provided in s. 316.193(6)(e) and, (f), (g),

551

and (h), if the owner or agent presents a valid driver license at

552

the time of pickup of the motor vehicle.

553

     (d)(b) All costs and fees for the impoundment or

554

immobilization, including the cost of notification, must be paid

555

by the owner of the motor vehicle or, if the motor vehicle is

556

leased or rented, by the person leasing or renting the motor

557

vehicle, unless the impoundment or immobilization order is

558

dismissed. All provisions of s. 713.78 shall apply.

559

     (e)(c) Any motor vehicle used in violation of subsection

560

(2) may be impounded for a period of 30 10 business days if a law

561

enforcement officer has arrested and taken a person into custody

562

pursuant to this subsection and the person being arrested is the

563

registered owner or coowner of the motor vehicle. If the

564

arresting officer finds that the criteria of this paragraph are

565

met, the officer may immediately impound the motor vehicle. The

566

law enforcement officer shall notify the Department of Highway

567

Safety and Motor Vehicles of any impoundment for violation of

568

this subsection in accordance with procedures established by the

569

department. The provisions of paragraphs (c) (a) and (d) (b)

570

shall be applicable to such impoundment.

571

     (6)(4) Any motor vehicle used in violation of subsection

572

(2) by any person within 5 years after the date of a prior

573

conviction of that person for a violation under subsection (2)

574

may be seized and forfeited as provided by the Florida Contraband

575

Forfeiture Act. This subsection shall be applicable to all owners

576

of the motor vehicle who are charged with a criminal violation of

577

subsection (2) or who negligently entrusted their vehicle to the

578

person charged with a criminal violation of subsection (2), and

579

the Florida Contraband Forfeiture Act applies regardless of

580

whether or not the violation is a misdemeanor or felony. The

581

element of negligent entrustment is satisfied if the owner of a

582

motor vehicle entrusts his or her vehicle to a person knowing

583

that such person has previously been cited or charged with any

584

violation of this section, whether or not such charge or citation

585

resulted in a conviction only be applicable if the owner of the

586

motor vehicle is the person charged with violation of subsection

587

(2).

588

     (7)(5) This section does not apply to licensed or duly

589

authorized racetracks, drag strips, or other designated areas set

590

aside by proper authorities for such purposes.

591

     (8) If any provision of this section is deemed

592

unconstitutional by any court, such unconstitutional provision

593

shall be deemed severable and such determination shall not affect

594

the enforceability of all remaining constitutional provisions of

595

this section.

596

     Section 6.  Subsection (4) of section 316.193, Florida

597

Statutes, is amended to read:

598

     316.193  Driving under the influence; penalties.--

599

     (4)  Any person who is convicted of a violation of

600

subsection (1) and who has a blood-alcohol level or breath-

601

alcohol level of 0.15 0.20 or higher, or any person who is

602

convicted of a violation of subsection (1) and who at the time of

603

the offense was accompanied in the vehicle by a person under the

604

age of 18 years, shall be punished:

605

     (a)  By a fine of:

606

     1.  Not less than $500 or more than $1,000 for a first

607

conviction.

608

     2.  Not less than $1,000 or more than $2,000 for a second

609

conviction.

610

     3.  Not less than $2,000 for a third or subsequent

611

conviction.

612

     (b)  By imprisonment for:

613

     1.  Not more than 9 months for a first conviction.

614

     2.  Not more than 12 months for a second conviction.

615

616

For the purposes of this subsection, only the instant offense is

617

required to be a violation of subsection (1) by a person who has

618

a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

619

higher.

620

     (c)  In addition to the penalties in paragraphs (a) and (b),

621

the court shall order the mandatory placement, at the convicted

622

person's sole expense, of an ignition interlock device approved

623

by the department in accordance with s. 316.1938 upon all

624

vehicles that are individually or jointly leased or owned and

625

routinely operated by the convicted person for up to 6 months for

626

the first offense and for at least 2 years for a second offense,

627

when the convicted person qualifies for a permanent or restricted

628

license. The installation of such device may not occur before

629

July 1, 2003.

630

     Section 7.  Subsection (1) of section 316.1937, Florida

631

Statutes, is amended to read:

632

     316.1937  Ignition interlock devices, requiring; unlawful

633

acts.--

634

     (1)  In addition to any other authorized penalties, the

635

court may require that any person who is convicted of driving

636

under the influence in violation of s. 316.193 shall not operate

637

a motor vehicle unless that vehicle is equipped with a

638

functioning ignition interlock device certified by the department

639

as provided in s. 316.1938, and installed in such a manner that

640

the vehicle will not start if the operator's blood alcohol level

641

is in excess of 0.05 percent or as otherwise specified by the

642

court. The court may require the use of an approved ignition

643

interlock device for a period of not less than 6 continuous

644

months, if the person is permitted to operate a motor vehicle,

645

whether or not the privilege to operate a motor vehicle is

646

restricted, as determined by the court. The court, however, shall

647

order placement of an ignition interlock device in those

648

circumstances required by s. 316.193.

649

     Section 8.  Section 316.29545, Florida Statutes, is amended

650

to read:

651

     316.29545  Window sunscreening exclusions; medical

652

exemption; certain law enforcement vehicles exempt; certain

653

investigative vehicles exempt.--

654

     (1)  The department shall issue medical exemption

655

certificates to persons who are afflicted with Lupus or similar

656

medical conditions which require a limited exposure to light,

657

which certificates shall entitle the person to whom the

658

certificate is issued to have sunscreening material on the

659

windshield, side windows, and windows behind the driver which is

660

in violation of the requirements of ss. 316.2951-316.2957. The

661

department shall provide, by rule, for the form of the medical

662

certificate authorized by this section. At a minimum, the medical

663

exemption certificate shall include a vehicle description with

664

the make, model, year, vehicle identification number, medical

665

exemption decal number issued for the vehicle, and the name of

666

the person or persons who are the registered owners of the

667

vehicle. A medical exemption certificate shall be nontransferable

668

and shall become null and void upon the sale or transfer of the

669

vehicle identified on the certificate.

670

     (2)(a) The department shall exempt all law enforcement

671

vehicles used in undercover or canine operations from the window

672

sunscreening requirements of ss. 316.2951-316.2957.

673

     (b) The department shall exempt from the sunscreening

674

requirements of ss. 316.2953, 316.2954, and 316.2956 all vehicles

675

owned or leased by investigative agencies licensed pursuant to

676

chapter 493 and used in homeland security functions on behalf of

677

federal, state, or local authorities; executive protection

678

activities; undercover, convert, or surveillance operations in

679

cases involving child abductions, convicted sex offenders,

680

insurance fraud, or missing persons or property; or other

681

activities in which evidence is being obtained for civil or

682

criminal proceedings.

683

     (3)  The department may charge a fee in an amount sufficient

684

to defray the expenses of issuing a medical exemption certificate

685

as described in subsection (1).

686

     Section 9.  Subsections (1), (6), and (8) of section

687

316.302, Florida Statutes, are amended to read:

688

     316.302  Commercial motor vehicles; safety regulations;

689

transporters and shippers of hazardous materials; enforcement.--

690

     (1)(a)  All owners and drivers of commercial motor vehicles

691

that are operated on the public highways of this state while

692

engaged in interstate commerce are subject to the rules and

693

regulations contained in 49 C.F.R. parts 382, 385, and 390-397.

694

     (b)  Except as otherwise provided in this section, all

695

owners or drivers of commercial motor vehicles that are engaged

696

in intrastate commerce are subject to the rules and regulations

697

contained in 49 C.F.R. parts 382, 385, and 390-397, with the

698

exception of 49 C.F.R. s. 390.5 as it relates to the definition

699

of bus, as such rules and regulations existed on October 1, 2008

700

2005.

701

     (c)  Except as provided in s. 316.215(5), and except as

702

provided in s. 316.228 for rear overhang lighting and flagging

703

requirements for intrastate operations, the requirements of this

704

section supersede all other safety requirements of this chapter

705

for commercial motor vehicles.

706

     (6)  The state Department of Transportation shall perform

707

the duties that are assigned to the field administrator of the

708

Federal Motor Carrier Safety Administration Regional Federal

709

Highway Administrator under the federal rules, and an agent of

710

that department, as described in s. 316.545(9), may enforce those

711

rules.

712

     (8)  For the purpose of enforcing this section, any law

713

enforcement officer of the Department of Transportation or duly

714

appointed agent who holds a current safety inspector

715

certification from the Commercial Vehicle Safety Alliance may

716

require the driver of any commercial vehicle operated on the

717

highways of this state to stop and submit to an inspection of the

718

vehicle or the driver's records. If the vehicle or driver is

719

found to be operating in an unsafe condition, or if any required

720

part or equipment is not present or is not in proper repair or

721

adjustment, and the continued operation would present an unduly

722

hazardous operating condition, the officer may require the

723

vehicle or the driver to be removed from service pursuant to the

724

North American Standard Uniform Out-of-Service Criteria, until

725

corrected. However, if continuous operation would not present an

726

unduly hazardous operating condition, the officer may give

727

written notice requiring correction of the condition within 14

728

days.

729

     (a)  Any member of the Florida Highway Patrol or any law

730

enforcement officer employed by a sheriff's office or municipal

731

police department authorized to enforce the traffic laws of this

732

state pursuant to s. 316.640 who has reason to believe that a

733

vehicle or driver is operating in an unsafe condition may, as

734

provided in subsection (10), enforce the provisions of this

735

section.

736

     (b)  Any person who fails to comply with an officer's

737

request to submit to an inspection under this subsection commits

738

a violation of s. 843.02 if the person resists the officer

739

without violence or a violation of s. 843.01 if the person

740

resists the officer with violence.

741

     Section 10.  Section 316.3045, Florida Statutes, is amended

742

to read:

743

     316.3045  Operation of radios or other mechanical

744

soundmaking devices or instruments in vehicles; exemptions.--

745

     (1)  It is unlawful for any person operating or occupying a

746

motor vehicle on a street or highway to operate or amplify the

747

sound produced by a radio, tape player, or other mechanical

748

soundmaking device or instrument from within the motor vehicle so

749

that the sound is:

750

     (a)  Plainly audible at a distance of 25 feet or more from

751

the motor vehicle; or

752

     (b)  Louder than necessary for the convenient hearing by

753

persons inside the vehicle in areas adjoining churches, schools,

754

or hospitals.

755

     (2) The provisions of this section do shall not apply to

756

any law enforcement motor vehicle equipped with any communication

757

device necessary in the performance of law enforcement duties or

758

to any emergency vehicle equipped with any communication device

759

necessary in the performance of any emergency procedures.

760

     (3)  The provisions of this section do not apply to motor

761

vehicles used for business or political purposes, which in the

762

normal course of conducting such business use soundmaking

763

devices. The provisions of this subsection shall not be deemed to

764

prevent local authorities, with respect to streets and highways

765

under their jurisdiction and within the reasonable exercise of

766

the police power, from regulating the time and manner in which

767

such business may be operated.

768

     (4)  The provisions of this section do not apply to the

769

noise made by a horn or other warning device required or

770

permitted by s. 316.271. The Department of Highway Safety and

771

Motor Vehicles shall adopt promulgate rules defining "plainly

772

audible" and establish standards regarding how sound should be

773

measured by law enforcement personnel who enforce the provisions

774

of this section.

775

     (5)  A violation of this section is a noncriminal traffic

776

infraction, punishable as a nonmoving violation as provided in

777

chapter 318.

778

     (6) In addition to any fine administered under subsection

779

(5), a person convicted of a violation of this section shall also

780

pay:

781

     (a) Upon the 10th or subsequent conviction, a fine of not

782

less than $250 but not more than $500.

783

     (b) Upon the 20th or subsequent conviction, the motor

784

vehicle shall constitute contraband and is subject to forfeiture

785

by a seizing law enforcement agency pursuant to applicable

786

provisions of ss. 932.701-932.704.

787

     Section 11.  Subsection (2) of section 316.613, Florida

788

Statutes, is amended to read:

789

     316.613  Child restraint requirements.--

790

     (2)  As used in this section, the term "motor vehicle" means

791

a motor vehicle as defined in s. 316.003 which that is operated

792

on the roadways, streets, and highways of the state. The term

793

does not include:

794

     (a)  A school bus as defined in s. 316.003(45).

795

     (b)  A bus used for the transportation of persons for

796

compensation, other than a bus regularly used to transport

797

children to or from school, as defined in s. 316.615(1)(b), or in

798

conjunction with school activities.

799

     (c)  A farm tractor or implement of husbandry.

800

     (d) A truck having a gross vehicle weight rating of more

801

than 26,000 of net weight of more than 5,000 pounds.

802

     (e)  A motorcycle, moped, or bicycle.

803

     Section 12.  Paragraph (a) of subsection (3) of section

804

316.614, Florida Statutes, is amended to read:

805

     316.614  Safety belt usage.--

806

     (3)  As used in this section:

807

     (a)  "Motor vehicle" means a motor vehicle as defined in s.

808

316.003 which that is operated on the roadways, streets, and

809

highways of this state. The term does not include:

810

     1.  A school bus.

811

     2.  A bus used for the transportation of persons for

812

compensation.

813

     3.  A farm tractor or implement of husbandry.

814

     4. A truck having a gross vehicle weight rating of more

815

than 26,000 of a net weight of more than 5,000 pounds.

816

     5.  A motorcycle, moped, or bicycle.

817

     Section 13.  Section 316.645, Florida Statutes, is amended

818

to read:

819

     316.645  Arrest authority of officer at scene of a traffic

820

crash.--A police officer who makes an investigation at the scene

821

of a traffic crash may arrest any driver of a vehicle involved in

822

the crash when, based upon personal investigation, the officer

823

has reasonable and probable grounds to believe that the person

824

has committed any offense under the provisions of this chapter,

825

chapter 320, or chapter 322 in connection with the crash.

826

     Section 14.  Subsections (1), (3), (4), (5), (6), and (7) of

827

section 316.650, Florida Statutes, are amended to read:

828

     316.650  Traffic citations.--

829

     (1)(a) The department shall prepare, and supply to every

830

traffic enforcement agency in this state, an appropriate form

831

traffic citation that contains containing a notice to appear, is

832

(which shall be issued in prenumbered books, meets with citations

833

in quintuplicate) and meeting the requirements of this chapter or

834

any laws of this state regulating traffic, and is which form

835

shall be consistent with the state traffic court rules and the

836

procedures established by the department. The form shall include

837

a box that which is to be checked by the law enforcement officer

838

when the officer believes that the traffic violation or crash was

839

due to aggressive careless driving as defined in s. 316.1923. The

840

form shall also include a box that which is to be checked by the

841

law enforcement officer when the officer writes a uniform traffic

842

citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1.

843

as a result of the driver failing to stop at a traffic signal.

844

     (b)  The department shall prepare, and supply to every

845

traffic enforcement agency in the state, an appropriate

846

affidavit-of-compliance form that which shall be issued along

847

with the form traffic citation for any violation of s. 316.610

848

and that indicates which shall indicate the specific defect

849

needing which needs to be corrected. However, such affidavit of

850

compliance shall not be issued in the case of a violation of s.

851

316.610 by a commercial motor vehicle as defined in s.

852

316.003(66). Such affidavit-of-compliance form shall be

853

distributed in the same manner and to the same parties as is the

854

form traffic citation.

855

     (c)  Notwithstanding paragraphs (a) and (b), a traffic

856

enforcement agency may produce uniform traffic citations by

857

electronic means. Such citations must be consistent with the

858

state traffic court rules and the procedures established by the

859

department and; must be appropriately numbered and inventoried;

860

and may have fewer copies than the quintuplicate form. Affidavit-

861

of-compliance forms may also be produced by electronic means.

862

     (d)  The department must distribute to every traffic

863

enforcement agency and to any others who request it, a traffic

864

infraction reference guide describing the class of the traffic

865

infraction, the penalty for the infraction, the points to be

866

assessed on a driver's record license, and any other information

867

necessary to describe a violation and the penalties therefor.

868

     (3)(a)  Except for a traffic citation issued pursuant to s.

869

316.1001, each traffic enforcement officer, upon issuing a

870

traffic citation to an alleged violator of any provision of the

871

motor vehicle laws of this state or of any traffic ordinance of

872

any municipality city or town, shall deposit the original and one

873

copy of such traffic citation or, in the case of a traffic

874

enforcement agency that which has an automated citation issuance

875

system, the chief administrative officer shall provide by an

876

electronic transmission a replica of the citation data to

877

facsimile with a court having jurisdiction over the alleged

878

offense or with its traffic violations bureau within 5 days after

879

issuance to the violator.

880

     (b)  If a traffic citation is issued pursuant to s.

881

316.1001, a traffic enforcement officer may deposit the original

882

and one copy of such traffic citation or, in the case of a

883

traffic enforcement agency that has an automated citation system,

884

may provide by an electronic transmission a replica of the

885

citation data to facsimile with a court having jurisdiction over

886

the alleged offense or with its traffic violations bureau within

887

45 days after the date of issuance of the citation to the

888

violator. If the person cited for the violation of s. 316.1001

889

makes the election provided by s. 318.14(12) and pays the $25

890

fine, or such other amount as imposed by the governmental entity

891

owning the applicable toll facility, plus the amount of the

892

unpaid toll that is shown on the traffic citation directly to the

893

governmental entity that issued the citation, or on whose behalf

894

the citation was issued, in accordance with s. 318.14(12), the

895

traffic citation will not be submitted to the court, the

896

disposition will be reported to the department by the

897

governmental entity that issued the citation, or on whose behalf

898

the citation was issued, and no points will be assessed against

899

the person's driver's license.

900

     (4)  The chief administrative officer of every traffic

901

enforcement agency shall require the return to him or her of the

902

officer-agency department record copy of every traffic citation

903

issued by an officer under the chief administrative officer's

904

supervision to an alleged violator of any traffic law or

905

ordinance and of all copies of every traffic citation that which

906

has been spoiled or upon which any entry has been made and not

907

issued to an alleged violator. In the case of a traffic

908

enforcement agency that which has an automated citation issuance

909

system, the chief administrative officer shall require the return

910

of all electronic traffic citation records.

911

     (5) Upon the deposit of the original and one copy of such

912

traffic citation or upon deposit of an electronic transmission of

913

a replica of citation data facsimile of the traffic citation with

914

respect to traffic enforcement agencies that which have an

915

automated citation issuance system with a court having

916

jurisdiction over the alleged offense or with its traffic

917

violations bureau as aforesaid, the original citation, the

918

electronic citation containing a replica of citation data

919

facsimile, or a copy of such traffic citation may be disposed of

920

only by trial in the court or other official action by a judge of

921

the court, including forfeiture of the bail, or by the deposit of

922

sufficient bail with, or payment of a fine to, the traffic

923

violations bureau by the person to whom such traffic citation has

924

been issued by the traffic enforcement officer.

925

     (6)  The chief administrative officer shall transmit, on a

926

form approved by the department, the department record copy of

927

the uniform traffic citation to the department within 5 days

928

after submission of the original, groups of issued citations and

929

one copy to the court, or citation and transmittal data to the

930

court. Batches of electronic citations containing a replica of

931

citation data may be transmitted to the court department in an

932

electronic automated fashion, in a format form prescribed by the

933

department within 5 days after issuance to the violator. A copy

934

of such transmittal shall also be provided to the court having

935

jurisdiction for accountability purposes.

936

     (7)  The chief administrative officer shall also maintain or

937

cause to be maintained in connection with every traffic citation

938

issued by an officer under his or her supervision a record of the

939

disposition of the charge by the court or its traffic violations

940

bureau in which the original or copy of the traffic citation or

941

electronic citation was deposited.

942

     Section 15.  Paragraph (a) of subsection (2) of section

943

316.656, Florida Statutes, is amended to read:

944

     316.656  Mandatory adjudication; prohibition against

945

accepting plea to lesser included offense.--

946

     (2)(a)  No trial judge may accept a plea of guilty to a

947

lesser offense from a person charged under the provisions of this

948

act who has been given a breath or blood test to determine blood

949

or breath alcohol content, the results of which show a blood or

950

breath alcohol content by weight of 0.15 0.20 percent or more.

951

     Section 16.  Subsection (12) is added to section 319.001,

952

Florida Statutes, to read:

953

     319.001  Definitions.--As used in this chapter, the term:

954

     (12) "Certificate of title" means the record that is

955

evidence of ownership of a vehicle, whether a paper certificate

956

authorized by the department or a certificate consisting of

957

information that is stored in an electronic form in the

958

department's database.

959

     Section 17.  Section 320.0706, Florida Statutes, is amended

960

to read:

961

     320.0706  Display of license plates on trucks.--The owner of

962

any commercial truck of gross vehicle weight of 26,001 pounds or

963

more shall display the registration license plate on both the

964

front and rear of the truck in conformance with all the

965

requirements of s. 316.605 that do not conflict with this

966

section. The owner of a dump truck may place the rear license

967

plate on the gate no higher than 60 inches to allow for better

968

visibility. However, the owner of a truck tractor shall be

969

required to display the registration license plate only on the

970

front of such vehicle. A violation of this section is a moving

971

violation punishable as provided in chapter 318.

972

     Section 18.  Subsection (4) of section 320.0715, Florida

973

Statutes, is amended to read:

974

     320.0715  International Registration Plan; motor carrier

975

services; permits; retention of records.--

976

     (4)  Each motor carrier registered under the International

977

Registration Plan shall maintain and keep, for a period of 4

978

years, pertinent records and papers as may be required by the

979

department for the reasonable administration of this chapter.

980

     (a) The department shall withhold the registration and

981

license plate for a commercial motor vehicle unless the

982

identifying number issued by the federal agency responsible for

983

motor carrier safety is provided for the motor carrier and the

984

entity responsible for motor carrier safety for each motor

985

vehicle as part of the application process.

986

     (b) The department may not issue a commercial motor vehicle

987

registration or license plate to, and may not transfer the

988

commercial motor vehicle registration or license plate for, a

989

motor carrier or vehicle owner who has been prohibited from

990

operating by a federal or state agency responsible for motor

991

carrier safety.

992

     (c) The department, with notice, shall suspend any

993

commercial motor vehicle registration and license plate issued to

994

a motor carrier or vehicle owner who has been prohibited from

995

operating by a federal or state agency responsible for motor

996

carrier safety.

997

     Section 19.  Subsection (27) of section 320.01, Florida

998

Statutes, is amended to read:

999

     320.01  Definitions, general.--As used in the Florida

1000

Statutes, except as otherwise provided, the term:

1001

     (27)  "Motorcycle" means any motor vehicle having a seat or

1002

saddle for the use of the rider and designed to travel on not

1003

more than three wheels in contact with the ground, but excluding

1004

a tractor, or a moped, or a vehicle where the operator is

1005

enclosed by a cabin.

1006

     Section 20.  Effective July 1, 2008, subsection (1) of

1007

section 320.02, Florida Statutes, as amended by section 28 of

1008

chapter 2006-290, Laws of Florida, is amended to read:

1009

     (1)  Except as otherwise provided in this chapter, every

1010

owner or person in charge of a motor vehicle that is operated or

1011

driven on the roads of this state shall register the vehicle in

1012

this state. The owner or person in charge shall apply to the

1013

department or to its authorized agent for registration of each

1014

such vehicle on a form prescribed by the department. Prior to the

1015

original registration of a motorcycle, motor-driven cycle, or

1016

moped, the owner, if a natural person, must present proof that he

1017

or she has a valid motorcycle endorsement as required in chapter

1018

322. A registration is not required for any motor vehicle that is

1019

not operated on the roads of this state during the registration

1020

period.

1021

     Section 21. Subsection (13) of section 320.02, Florida

1022

Statutes, is repealed.

1023

     Section 22. Subsection (3) of section 320.08053, Florida

1024

Statutes, is repealed.

1025

     Section 23.  Subsection (3) of section 320.27, Florida

1026

Statutes, is amended to read:

1027

     320.27  Motor vehicle dealers.--

1028

     (3)  APPLICATION AND FEE.--The application for the license

1029

shall be in such form as may be prescribed by the department and

1030

shall be subject to such rules with respect thereto as may be so

1031

prescribed by it. Such application shall be verified by oath or

1032

affirmation and shall contain a full statement of the name and

1033

birth date of the person or persons applying therefor; the name

1034

of the firm or copartnership, with the names and places of

1035

residence of all members thereof, if such applicant is a firm or

1036

copartnership; the names and places of residence of the principal

1037

officers, if the applicant is a body corporate or other

1038

artificial body; the name of the state under whose laws the

1039

corporation is organized; the present and former place or places

1040

of residence of the applicant; and prior business in which the

1041

applicant has been engaged and the location thereof. Such

1042

application shall describe the exact location of the place of

1043

business and shall state whether the place of business is owned

1044

by the applicant and when acquired, or, if leased, a true copy of

1045

the lease shall be attached to the application. The applicant

1046

shall certify that the location provides an adequately equipped

1047

office and is not a residence; that the location affords

1048

sufficient unoccupied space upon and within which adequately to

1049

store all motor vehicles offered and displayed for sale; and that

1050

the location is a suitable place where the applicant can in good

1051

faith carry on such business and keep and maintain books,

1052

records, and files necessary to conduct such business, which will

1053

be available at all reasonable hours to inspection by the

1054

department or any of its inspectors or other employees. The

1055

applicant shall certify that the business of a motor vehicle

1056

dealer is the principal business which shall be conducted at that

1057

location. Such application shall contain a statement that the

1058

applicant is either franchised by a manufacturer of motor

1059

vehicles, in which case the name of each motor vehicle that the

1060

applicant is franchised to sell shall be included, or an

1061

independent (nonfranchised) motor vehicle dealer. Such

1062

application shall contain such other relevant information as may

1063

be required by the department, including evidence that the

1064

applicant is insured under a garage liability insurance policy,

1065

which shall include, at a minimum, $25,000 combined single-limit

1066

liability coverage including bodily injury and property damage

1067

protection and $10,000 personal injury protection. Such policy

1068

shall be for the license period, and evidence of a new or

1069

continued policy shall be delivered to the department at the

1070

beginning of each license period. Upon making such initial

1071

application, the person applying therefor shall pay to the

1072

department a fee of $300 in addition to any other fees now

1073

required by law; upon making a subsequent renewal application,

1074

the person applying therefor shall pay to the department a fee of

1075

$75 in addition to any other fees now required by law. Upon

1076

making an application for a change of location, the person shall

1077

pay a fee of $50 in addition to any other fees now required by

1078

law. The department shall, in the case of every application for

1079

initial licensure, verify whether certain facts set forth in the

1080

application are true. Each applicant, general partner in the case

1081

of a partnership, or corporate officer and director in the case

1082

of a corporate applicant, must file a set of fingerprints with

1083

the department for the purpose of determining any prior criminal

1084

record or any outstanding warrants. The department shall submit

1085

the fingerprints to the Department of Law Enforcement for state

1086

processing and forwarding to the Federal Bureau of Investigation

1087

for federal processing. The actual cost of such state and federal

1088

processing shall be borne by the applicant and is to be in

1089

addition to the fee for licensure. The department may issue a

1090

license to an applicant pending the results of the fingerprint

1091

investigation, which license is fully revocable if the department

1092

subsequently determines that any facts set forth in the

1093

application are not true or correctly represented.

1094

     Section 24.  Present subsections (10) through (44) of

1095

section 322.01, Florida Statutes, are redesignated as subsections

1096

(11) through (45), respectively, a new subsection (10) is added

1097

to that section, and present subsections (10), (23), and (29) of

1098

that section are amended, to read:

1099

     322.01  Definitions.--As used in this chapter:

1100

     (10) "Convenience service" means any means whereby an

1101

individual conducts a transaction with the department other than

1102

in person.

1103

     (11)(10)(a) "Conviction" means a conviction of an offense

1104

relating to the operation of motor vehicles on highways which is

1105

a violation of this chapter or any other such law of this state

1106

or any other state, including an admission or determination of a

1107

noncriminal traffic infraction pursuant to s. 318.14, or a

1108

judicial disposition of an offense committed under any federal

1109

law substantially conforming to the aforesaid state statutory

1110

provisions.

1111

     (b)  Notwithstanding any other provisions of this chapter,

1112

the definition of "conviction" provided in 49 C.F.R. part 383.5

1113

applies to offenses committed in a commercial motor vehicle or by

1114

a person holding a commercial driver license.

1115

     (24)(23) "Hazardous materials" means any material that has

1116

been designated as hazardous under 49 U.S.C. 5103 and is required

1117

to be placarded under subpart F of 49 C.F.R. part 172 or any

1118

quantity of a material listed as a select agent or toxin in 42

1119

C.F.R. part 73 has the meaning such term has under s. 103 of the

1120

Hazardous Materials Transportation Act.

1121

     (30)(29) "Out-of-service order" means a prohibition issued

1122

by an authorized local, state, or Federal Government official

1123

which precludes a person from driving a commercial motor vehicle

1124

for a period of 72 hours or less.

1125

     Section 25.  Effective July 1, 2008, subsection (5) of

1126

section 322.0255, Florida Statutes, is amended to read:

1127

     322.0255  Florida Motorcycle Safety Education Program.--

1128

     (5) The only organizations that are eligible for

1129

reimbursement are organizations that executed a contract on or

1130

after July 1, 2008. This reimbursement shall continue for 12

1131

months following the execution of the organization's contract.

1132

The department shall, subject to the availability of funds,

1133

reimburse each organization that provides an approved motorcycle

1134

safety education course for each student who begins the on-cycle

1135

portion of the course. This shall include any student not

1136

required to attend a motorcycle safety education course prior to

1137

licensure as required in s. 322.12. The amount to be reimbursed

1138

per student to each course provider shall be determined by the

1139

department. In order to facilitate such determination, each

1140

course provider shall be required to submit proof satisfactory to

1141

the department of the expected cost per student to be incurred by

1142

such course provider. In no event shall the amount to be

1143

reimbursed per student to any course provider exceed the expected

1144

cost per student. In addition to the amount of any reimbursement,

1145

each course provider that conducts such a course may charge each

1146

student a tuition fee sufficient to defray the cost of conducting

1147

the course. The department shall fund the payments required under

1148

this subsection from the motorcycle safety education fee, as

1149

provided in ss. 320.08 and 322.025.

1150

     Section 26.  Subsection (1) of section 322.03, Florida

1151

Statutes, is amended to read:

1152

     322.03  Drivers must be licensed; penalties.--

1153

     (1)  Except as otherwise authorized in this chapter, a

1154

person may not drive any motor vehicle upon a highway in this

1155

state unless such person has a valid driver's license under the

1156

provisions of this chapter.

1157

     (a)  A person who drives a commercial motor vehicle shall

1158

not receive a driver's license unless and until he or she

1159

surrenders to the department all driver's licenses in his or her

1160

possession issued to him or her by any other jurisdiction or

1161

makes an affidavit that he or she does not possess a driver's

1162

license. Any such person who fails to surrender such licenses or

1163

who makes a false affidavit concerning such licenses is guilty of

1164

a misdemeanor of the first degree, punishable as provided in s.

1165

775.082 or s. 775.083.

1166

     (b) A person who does not drive a commercial motor vehicle

1167

is not required to surrender a license issued by another

1168

jurisdiction, upon a showing to the department that such license

1169

is necessary because of employment or part-time residence. Any

1170

person who retains a driver's license because of employment or

1171

part-time residence shall, upon qualifying for a license in this

1172

state, be issued a driver's license which shall be valid within

1173

this state only. All surrendered licenses may be returned by the

1174

department to the issuing jurisdiction together with information

1175

that the licensee is now licensed in a new jurisdiction or may be

1176

destroyed by the department, which shall notify the issuing

1177

jurisdiction of such destruction. A person may not have more than

1178

one valid Florida driver's license at any time.

1179

     (c) A part-time resident issued a license pursuant to

1180

paragraph (b) may continue to hold such license until the next

1181

regularly scheduled renewal. Licenses that are identified as

1182

"Valid in Florida only" may not be issued or renewed effective

1183

July 1, 2009. This paragraph expires June 30, 2017.

1184

     Section 27.  Subsections (1) and (2) of section 322.051,

1185

Florida Statutes, are amended to read:

1186

     322.051  Identification cards.--

1187

     (1)  Any person who is 5 years of age or older, or any

1188

person who has a disability, regardless of age, who applies for a

1189

disabled parking permit under s. 320.0848, may be issued an

1190

identification card by the department upon completion of an

1191

application and payment of an application fee.

1192

     (a)  Each such application shall include the following

1193

information regarding the applicant:

1194

     1.  Full name (first, middle or maiden, and last), gender,

1195

proof of social security card number satisfactory to the

1196

department, county of residence, and mailing address, proof of

1197

residential address satisfactory to the department, country of

1198

birth, and a brief description.

1199

     2.  Proof of birth date satisfactory to the department.

1200

     3.  Proof of identity satisfactory to the department. Such

1201

proof must include one of the following documents issued to the

1202

applicant:

1203

     a.  A driver's license record or identification card record

1204

from another jurisdiction that required the applicant to submit a

1205

document for identification which is substantially similar to a

1206

document required under sub-subparagraph b., sub-subparagraph c.,

1207

sub-subparagraph d., sub-subparagraph e., sub-subparagraph f., or

1208

sub-subparagraph g., or sub-subparagraph h.;

1209

     b.  A certified copy of a United States birth certificate;

1210

     c. A valid, unexpired United States passport;

1211

     d.  A naturalization certificate issued by the United States

1212

Department of Homeland Security;

1213

     e. A valid, unexpired An alien registration receipt card

1214

(green card);

1215

     f. Consular Report of Birth Abroad provided by the United

1216

States Department of State;

1217

     g.f. An unexpired employment authorization card issued by

1218

the United States Department of Homeland Security; or

1219

     h.g. Proof of nonimmigrant classification provided by the

1220

United States Department of Homeland Security, for an original

1221

identification card. In order to prove such nonimmigrant

1222

classification, applicants may produce but are not limited to the

1223

following documents:

1224

     (I)  A notice of hearing from an immigration court

1225

scheduling a hearing on any proceeding.

1226

     (II)  A notice from the Board of Immigration Appeals

1227

acknowledging pendency of an appeal.

1228

     (III)  Notice of the approval of an application for

1229

adjustment of status issued by the United States Bureau of

1230

Citizenship and Immigration Services.

1231

     (IV)  Any official documentation confirming the filing of a

1232

petition for asylum or refugee status or any other relief issued

1233

by the United States Bureau of Citizenship and Immigration

1234

Services.

1235

     (V)  Notice of action transferring any pending matter from

1236

another jurisdiction to Florida, issued by the United States

1237

Bureau of Citizenship and Immigration Services.

1238

     (VI)  Order of an immigration judge or immigration officer

1239

granting any relief that authorizes the alien to live and work in

1240

the United States including, but not limited to asylum.

1241

     (VII)  Evidence that an application is pending for

1242

adjustment of status to that of an alien lawfully admitted for

1243

permanent residence in the United States or conditional permanent

1244

resident status in the United States, if a visa number is

1245

available having a current priority date for processing by the

1246

United States Bureau of Citizenship and Immigration Services.

1247

1248

Presentation of any of the documents described in sub-

1249

subparagraph g. f. or sub-subparagraph h. g. entitles the

1250

applicant to an identification card for a period not to exceed

1251

the expiration date of the document presented or 1 year,

1252

whichever first occurs.

1253

     (b)  An application for an identification card must be

1254

signed and verified by the applicant in a format designated by

1255

the department before a person authorized to administer oaths and

1256

payment of the applicable fee pursuant to s. 322.21. The fee for

1257

an identification card is $3, including payment for the color

1258

photograph or digital image of the applicant.

1259

     (c)  Each such applicant may include fingerprints and any

1260

other unique biometric means of identity.

1261

     (2)(a) Every identification card:

1262

     1. Issued to a person 5 years of age to 14 years of age

1263

shall expire, unless canceled earlier, on the fourth birthday of

1264

the applicant following the date of original issue.

1265

2. Issued to a person 15 years of age and older shall

1266

expire, unless canceled earlier, on the eighth birthday of the

1267

applicant following the date of original issue.

1268

1269

Renewal of an identification card shall be made for the

1270

applicable term enumerated in this paragraph. However, if an

1271

individual is 60 years of age or older, and has an identification

1272

card issued under this section, the card shall not expire unless

1273

done so by cancellation by the department or by the death of the

1274

cardholder. Renewal of any identification card shall be made for

1275

a term which shall expire on the fourth birthday of the applicant

1276

following expiration of the identification card renewed, unless

1277

surrendered earlier. Any application for renewal received later

1278

than 90 days after expiration of the identification card shall be

1279

considered the same as an application for an original

1280

identification card. The renewal fee for an identification card

1281

shall be $10, of which $4 shall be deposited into the General

1282

Revenue Fund and $6 into the Highway Safety Operating Trust Fund.

1283

The department shall, at the end of 4 years and 6 months after

1284

the issuance or renewal of an identification card, destroy any

1285

record of the card if it has expired and has not been renewed,

1286

unless the cardholder is 60 years of age or older.

1287

     (b)  Notwithstanding any other provision of this chapter, if

1288

an applicant establishes his or her identity for an

1289

identification card using a document authorized under sub-

1290

subparagraph (1)(a)3.e., the identification card shall expire on

1291

the eighth fourth birthday of the applicant following the date of

1292

original issue or upon first renewal or duplicate issued after

1293

implementation of this section. After an initial showing of such

1294

documentation, he or she is exempted from having to renew or

1295

obtain a duplicate in person.

1296

     (c)  Notwithstanding any other provisions of this chapter,

1297

if an applicant establishes his or her identity for an

1298

identification card using an identification document authorized

1299

under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph

1300

(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1

1301

year 2 years after the date of issuance or upon the expiration

1302

date cited on the United States Department of Homeland Security

1303

documents, whichever date first occurs, and may not be renewed or

1304

obtain a duplicate except in person.

1305

     Section 28.  Subsections (1), (2), and (6) of section

1306

322.08, Florida Statutes, are amended to read:

1307

     322.08  Application for license.--

1308

     (1)  Each application for a driver's license shall be made

1309

in a format designated by the department and sworn to or affirmed

1310

by the applicant as to the truth of the statements made in the

1311

application.

1312

     (2)  Each such application shall include the following

1313

information regarding the applicant:

1314

     (a)  Full name (first, middle or maiden, and last), gender,

1315

proof of social security card number satisfactory to the

1316

department, county of residence, and mailing address, proof of

1317

residential address satisfactory to the department, country of

1318

birth, and a brief description.

1319

     (b)  Proof of birth date satisfactory to the department.

1320

     (c)  Proof of identity satisfactory to the department. Such

1321

proof must include one of the following documents issued to the

1322

applicant:

1323

     1.  A driver's license record or identification card record

1324

from another jurisdiction that required the applicant to submit a

1325

document for identification which is substantially similar to a

1326

document required under subparagraph 2., subparagraph 3.,

1327

subparagraph 4., subparagraph 5., subparagraph 6., or

1328

subparagraph 7., or subparagraph 8.;

1329

     2.  A certified copy of a United States birth certificate;

1330

     3. A valid, unexpired United States passport;

1331

     4.  A naturalization certificate issued by the United States

1332

Department of Homeland Security;

1333

     5. A valid, unexpired An alien registration receipt card

1334

(green card);

1335

     6. Consular Report of Birth Abroad provided by the United

1336

States Department of State;

1337

7.6. An unexpired employment authorization card issued by

1338

the United States Department of Homeland Security; or

1339

     8.7. Proof of nonimmigrant classification provided by the

1340

United States Department of Homeland Security, for an original

1341

driver's license. In order to prove nonimmigrant classification,

1342

an applicant may produce the following documents, including, but

1343

not limited to:

1344

     a.  A notice of hearing from an immigration court scheduling

1345

a hearing on any proceeding.

1346

     b.  A notice from the Board of Immigration Appeals

1347

acknowledging pendency of an appeal.

1348

     c.  A notice of the approval of an application for

1349

adjustment of status issued by the United States Bureau of

1350

Citizenship and Immigration Services.

1351

     d.  Any official documentation confirming the filing of a

1352

petition for asylum or refugee status or any other relief issued

1353

by the United States Bureau of Citizenship and Immigration

1354

Services.

1355

     e.  A notice of action transferring any pending matter from

1356

another jurisdiction to this state issued by the United States

1357

Bureau of Citizenship and Immigration Services.

1358

     f.  An order of an immigration judge or immigration officer

1359

granting any relief that authorizes the alien to live and work in

1360

the United States, including, but not limited to, asylum.

1361

     g.  Evidence that an application is pending for adjustment

1362

of status to that of an alien lawfully admitted for permanent

1363

residence in the United States or conditional permanent resident

1364

status in the United States, if a visa number is available having

1365

a current priority date for processing by the United States

1366

Bureau of Citizenship and Immigration Services.

1367

1368

Presentation of any of the documents in subparagraph 7. 6. or

1369

subparagraph 8. 7. entitles the applicant to a driver's license

1370

or temporary permit for a period not to exceed the expiration

1371

date of the document presented or 1 year, whichever occurs first.

1372

     (d)  Whether the applicant has previously been licensed to

1373

drive, and, if so, when and by what state, and whether any such

1374

license or driving privilege has ever been disqualified, revoked,

1375

or suspended, or whether an application has ever been refused,

1376

and, if so, the date of and reason for such disqualification,

1377

suspension, revocation, or refusal.

1378

     (e)  Each such application may include fingerprints and

1379

other unique biometric means of identity.

1380

     (6)  The application form for a driver's license or

1381

duplicate thereof shall include language permitting the

1382

following:

1383

     (a) A voluntary contribution of $5 per applicant, which

1384

contribution shall be transferred into the Election Campaign

1385

Financing Trust Fund.

1386

     (a)(b) A voluntary contribution of $1 per applicant, which

1387

contribution shall be deposited into the Florida Organ and Tissue

1388

Donor Education and Procurement Trust Fund for organ and tissue

1389

donor education and for maintaining the organ and tissue donor

1390

registry.

1391

     (b)(c) A voluntary contribution of $1 per applicant, which

1392

contribution shall be distributed to the Florida Council of the

1393

Blind.

1394

     (c)(d) A voluntary contribution of $2 per applicant, which

1395

shall be distributed to the Hearing Research Institute,

1396

Incorporated.

1397

     (d)(e) A voluntary contribution of $1 per applicant, which

1398

shall be distributed to the Juvenile Diabetes Foundation

1399

International.

1400

     (e)(f) A voluntary contribution of $1 per applicant, which

1401

shall be distributed to the Children's Hearing Help Fund.

1402

1403

A statement providing an explanation of the purpose of the trust

1404

funds shall also be included. For the purpose of applying the

1405

service charge provided in s. 215.20, contributions received

1406

under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)

1407

and under s. 322.18(9)(a) are not income of a revenue nature.

1408

     Section 29.  Paragraph (a) of subsection (1) of section

1409

322.14, Florida Statutes, is amended to read:

1410

     322.14  Licenses issued to drivers.--

1411

     (1)(a)  The department shall, upon successful completion of

1412

all required examinations and payment of the required fee, issue

1413

to every applicant qualifying therefor, a driver's license as

1414

applied for, which license shall bear thereon a color photograph

1415

or digital image of the licensee; the name of the state; a

1416

distinguishing number assigned to the licensee; and the

1417

licensee's full name, date of birth, and residence mailing

1418

address; a brief description of the licensee, including, but not

1419

limited to, the licensee's gender and height; and the dates of

1420

issuance and expiration of the license. A space shall be provided

1421

upon which the licensee shall affix his or her usual signature.

1422

No license shall be valid until it has been so signed by the

1423

licensee except that the signature of said licensee shall not be

1424

required if it appears thereon in facsimile or if the licensee is

1425

not present within the state at the time of issuance. Applicants

1426

qualifying to receive a Class A, Class B, or Class C driver's

1427

license must appear in person within the state for issuance of a

1428

color photographic or digital imaged driver's license pursuant to

1429

s. 322.142.

1430

     Section 30.  Section 322.15, Florida Statutes, is amended to

1431

read:

1432

     322.15  License to be carried and exhibited on demand;

1433

fingerprint to be imprinted upon a citation.--

1434

     (1)  Every licensee shall have his or her driver's license,

1435

which must be fully legible with no portion of such license

1436

faded, altered, mutilated, or defaced, in his or her immediate

1437

possession at all times when operating a motor vehicle and shall

1438

display the same upon the demand of a law enforcement officer or

1439

an authorized representative of the department.

1440

     (2)  Upon the failure of any person to display a driver's

1441

license as required by subsection (1), the law enforcement

1442

officer or authorized representative of the department stopping

1443

the person shall require the person to imprint his or her

1444

fingerprints fingerprint upon any citation issued by the officer

1445

or authorized representative, or the officer or authorized

1446

representative shall collect the fingerprints electronically.

1447

     (3)  In relation to violations of subsection (1) or s.

1448

322.03(5), persons who cannot supply proof of a valid driver's

1449

license for the reason that the license was suspended for failure

1450

to comply with that citation shall be issued a suspension

1451

clearance by the clerk of the court for that citation upon

1452

payment of the applicable penalty and fee for that citation. If

1453

proof of a valid driver's license is not provided to the clerk of

1454

the court within 30 days, the person's driver's license shall

1455

again be suspended for failure to comply.

1456

     (4)  A violation of subsection (1) is a noncriminal traffic

1457

infraction, punishable as a nonmoving violation as provided in

1458

chapter 318.

1459

     Section 31.  Section 322.17, Florida Statutes, is amended to

1460

read:

1461

     322.17 Replacement licenses and permits Duplicate and

1462

replacement certificates.--

1463

     (1)(a)  In the event that an instruction permit or driver's

1464

license issued under the provisions of this chapter is lost or

1465

destroyed, the person to whom the same was issued may, upon

1466

payment of the appropriate fee pursuant to s. 322.21 $10, obtain

1467

a replacement duplicate, or substitute thereof, upon furnishing

1468

proof satisfactory to the department that such permit or license

1469

has been lost or destroyed, and further furnishing the full name,

1470

date of birth, sex, residence and mailing address, proof of birth

1471

satisfactory to the department, and proof of identity

1472

satisfactory to the department. Five dollars of the fee levied in

1473

this paragraph shall go to the Highway Safety Operating Trust

1474

Fund of the department.

1475

     (b)  In the event that an instruction permit or driver's

1476

license issued under the provisions of this chapter is stolen,

1477

the person to whom the same was issued may, at no charge, obtain

1478

a replacement duplicate, or substitute thereof, upon furnishing

1479

proof satisfactory to the department that such permit or license

1480

was stolen and further furnishing the full name, date of birth,

1481

sex, residence and mailing address, proof of birth satisfactory

1482

to the department, and proof of identity satisfactory to the

1483

department.

1484

     (2)  Upon the surrender of the original license and the

1485

payment of the appropriate fees pursuant to s. 322.21 a $10

1486

replacement fee, the department shall issue a replacement license

1487

to make a change in name, address, or restrictions. Upon written

1488

request by the licensee and notification of a change in address,

1489

and the payment of a $10 fee, the department shall issue an

1490

address sticker which shall be affixed to the back of the license

1491

by the licensee. Nine dollars of the fee levied in this

1492

subsection shall go to the Highway Safety Operating Trust Fund of

1493

the department.

1494

     (3)  Notwithstanding any other provisions of this chapter,

1495

if a licensee establishes his or her identity for a driver's

1496

license using an identification document authorized under s.

1497

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1498

not obtain a duplicate or replacement instruction permit or

1499

driver's license except in person and upon submission of an

1500

identification document authorized under s. 322.08(2)(c)7. or 8.

1501

s. 322.08(2)(c)6. or 7.

1502

     Section 32.  Section 322.18, Florida Statutes, is amended to

1503

read:

1504

     322.18  Original applications, licenses, and renewals;

1505

expiration of licenses; delinquent licenses.--

1506

     (1)(a)  Except as provided in paragraph (b), the department

1507

may issue an original driver's license only after the applicant

1508

successfully passes the required examinations and presents the

1509

application to the department.

1510

     (b)  The department may waive the driver's license

1511

examination requirement if the applicant is otherwise qualified

1512

and surrenders a valid license issued by another state, a

1513

province of Canada, or the United States Armed Forces which is of

1514

an equal or lesser classification as provided in s. 322.12.

1515

     (2)  Each applicant who is entitled to the issuance of a

1516

driver's license, as provided in this section, shall be issued a

1517

driver's license, as follows:

1518

     (a) An applicant who has not attained 80 years of age

1519

applying for an original issuance shall be issued a driver's

1520

license that which expires at midnight on the licensee's birthday

1521

which next occurs on or after the eighth sixth anniversary of the

1522

date of issue. An applicant who is at least 80 years of age

1523

applying for an original issuance shall be issued a driver's

1524

license that expires at midnight on the licensee's birthday that

1525

next occurs on or after the sixth anniversary of the date of

1526

issue.

1527

     (b) An applicant who has not attained 80 years of age

1528

applying for a renewal issuance or renewal extension shall be

1529

issued a driver's license that or renewal extension sticker which

1530

expires at midnight on the licensee's birthday that which next

1531

occurs 8 4 years after the month of expiration of the license

1532

being renewed, except that a driver whose driving record reflects

1533

no convictions for the preceding 3 years shall be issued a

1534

driver's license or renewal extension sticker which expires at

1535

midnight on the licensee's birthday which next occurs 6 years

1536

after the month of expiration of the license being renewed. An

1537

applicant who is at least 80 years of age applying for a renewal

1538

issuance shall be issued a driver's license that expires at

1539

midnight on the licensee's birthday that next occurs 6 years

1540

after the month of expiration of the license being renewed.

1541

     (c)  Notwithstanding any other provision of this chapter, if

1542

an applicant establishes his or her identity for a driver's

1543

license using a document authorized under s. 322.08(2)(c)5., the

1544

driver's license shall expire in accordance with paragraph (b).

1545

After an initial showing of such documentation, he or she is

1546

exempted from having to renew or obtain a duplicate in person.

1547

     (d)  Notwithstanding any other provision of this chapter, if

1548

an applicant establishes his or her identity for a driver's

1549

license using a document authorized in s. 322.08(2)(c)7. or 8. s.

1550

322.08(2)(c)6. or 7., the driver's license shall expire 1 year 2

1551

years after the date of issuance or upon the expiration date

1552

cited on the United States Department of Homeland Security

1553

documents, whichever date first occurs.

1554

     (e)  Notwithstanding any other provision of this chapter, an

1555

applicant applying for an original or renewal issuance of a

1556

commercial driver's license as defined in s. 322.01(7), with a

1557

hazardous-materials endorsement, pursuant to s. 322.57(1)(e),

1558

shall be issued a driver's license that expires at midnight on

1559

the licensee's birthday that next occurs 4 years after the month

1560

of expiration of the license being issued or renewed.

1561

     (3)  If a license expires on a Saturday, Sunday, or legal

1562

holiday, it shall be valid until midnight of the next regular

1563

working day and may be renewed on that day without payment of a

1564

delinquent fee.

1565

     (4)(a)  Except as otherwise provided in this chapter, all

1566

licenses shall be renewable every 8 4 years or 6 years, depending

1567

upon the terms of issuance and shall be issued or renewed

1568

extended upon application, payment of the fees required by s.

1569

322.21, and successful passage of any required examination,

1570

unless the department has reason to believe that the licensee is

1571

no longer qualified to receive a license.

1572

     (b)  Notwithstanding any other provision of this chapter, if

1573

an applicant establishes his or her identity for a driver's

1574

license using a document authorized under s. 322.08(2)(c)5., the

1575

license, upon an initial showing of such documentation, is

1576

exempted from having to renew or obtain a duplicate in person,

1577

unless the renewal or duplication coincides with the periodic

1578

reexamination of a driver as required pursuant to s. 322.121.

1579

     (c)  Notwithstanding any other provision of this chapter, if

1580

a licensee establishes his or her identity for a driver's license

1581

using an identification document authorized under s.

1582

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1583

not renew the driver's license except in person and upon

1584

submission of an identification document authorized under s.

1585

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7. A driver's license

1586

renewed under this paragraph expires 1 year 4 years after the

1587

date of issuance or upon the expiration date cited on the United

1588

States Department of Homeland Security documents, whichever date

1589

first occurs.

1590

     (5)  All renewal driver's licenses may be issued after the

1591

applicant licensee has been determined to be eligible by the

1592

department.

1593

     (a)  A licensee who is otherwise eligible for renewal and

1594

who is at least 80 over 79 years of age:

1595

     1.  Must submit to and pass a vision test administered at

1596

any driver's license office; or

1597

     2. If the licensee applies for a renewal using a

1598

convenience service an extension by mail as provided in

1599

subsection (8), he or she must submit to a vision test

1600

administered by a physician licensed under chapter 458 or chapter

1601

459, or an optometrist licensed under chapter 463, must send the

1602

results of that test to the department on a form obtained from

1603

the department and signed by such health care practitioner, and

1604

must meet vision standards that are equivalent to the standards

1605

for passing the departmental vision test. The physician or

1606

optometrist may submit the results of a vision test by a

1607

department-approved electronic means.

1608

     (b) A licensee who is at least 80 over 79 years of age may

1609

not submit an application for renewal extension under subsection

1610

(8) by a convenience service electronic or telephonic means,

1611

unless the results of a vision test have been electronically

1612

submitted in advance by the physician or optometrist.

1613

     (6)  If the licensee does not receive a renewal notice, the

1614

licensee or applicant may apply to the department, under oath, at

1615

any driver's license examining office. Such application shall be

1616

on a form prepared and furnished by the department. The

1617

department shall make such forms available to the various

1618

examining offices throughout the state. Upon receipt of such

1619

application, the department shall issue a license or temporary

1620

permit to the applicant or shall advise the applicant that no

1621

license or temporary permit will be issued and advise the

1622

applicant of the reason for his or her ineligibility.

1623

     (7)  An expired Florida driver's license may be renewed any

1624

time within 12 months after the expiration date, with

1625

reexamination, if required, upon payment of the required

1626

delinquent fee or taking and passing the written examination. If

1627

the final date upon which a license may be renewed under this

1628

section falls upon a Saturday, Sunday, or legal holiday, the

1629

renewal period shall be extended to midnight of the next regular

1630

working day. The department may refuse to issue any license if:

1631

     (a)  It has reason to believe the licensee is no longer

1632

qualified to receive a license.

1633

     (b)  Its records reflect that the applicant's driving

1634

privilege is under suspension or revocation.

1635

     (8) The department shall issue 8-year renewals using a

1636

convenience service 4-year and 6-year license extensions by mail,

1637

electronic, or telephonic means without reexamination to drivers

1638

who have not attained 80 years of age. The department shall issue

1639

6-year renewals using a convenience service when the applicant

1640

has satisfied the requirements of subsection (5).

1641

     (a)  If the department determines from its records that the

1642

holder of a license about to expire is eligible for renewal, the

1643

department shall mail a renewal notice to the licensee at his or

1644

her last known address, not less than 30 days prior to the

1645

licensee's birthday. The renewal notice shall direct the licensee

1646

to appear at a driver license office for in-person renewal or to

1647

transmit the completed renewal notice and the fees required by s.

1648

322.21 to the department using a convenience service by mail,

1649

electronically, or telephonically within the 30 days preceding

1650

the licensee's birthday for a license extension. License

1651

extensions shall not be available to drivers directed to appear

1652

for in-person renewal.

1653

     (b)  Upon receipt of a properly completed renewal notice,

1654

payment of the required fees, and upon determining that the

1655

licensee is still eligible for renewal, the department shall send

1656

a new license extension sticker to the licensee to affix to the

1657

expiring license as evidence that the license term has been

1658

extended.

1659

     (c) The department shall issue one renewal using a

1660

convenience service license extensions for two consecutive

1661

license expirations only. Upon expiration of two consecutive

1662

license extension periods, in-person renewal with reexamination

1663

as provided in s. 322.121 shall be required. A person who is out

1664

of this state when his or her license expires may be issued a 90-

1665

day temporary driving permit without reexamination. At the end of

1666

the 90-day period, the person must either return to this state or

1667

apply for a license where the person is located, except for a

1668

member of the Armed Forces as provided in s. 322.121(6).

1669

     (d) In-person renewal at a driver license office shall not

1670

be available to drivers whose records indicate they were directed

1671

to apply for a license extension.

1672

     (d)(e) Any person who knowingly possesses any forged,

1673

stolen, fictitious, counterfeit, or unlawfully issued license

1674

extension sticker, unless possession by such person has been duly

1675

authorized by the department, commits a misdemeanor of the second

1676

degree, punishable as provided in s. 775.082 or s. 775.083.

1677

     (e)(f) The department shall develop a plan for the

1678

equitable distribution of license extensions and renewals and the

1679

orderly implementation of this section.

1680

     (9)(a) The application form for a renewal issuance or

1681

renewal extension shall include language permitting a voluntary

1682

contribution of $1 per applicant, to be quarterly distributed by

1683

the department to Prevent Blindness Florida, a not-for-profit

1684

organization, to prevent blindness and preserve the sight of the

1685

residents of this state. A statement providing an explanation of

1686

the purpose of the funds shall be included with the application

1687

form.

1688

     (b)  Prior to the department distributing the funds

1689

collected pursuant to paragraph (a), Prevent Blindness Florida

1690

must submit a report to the department that identifies how such

1691

funds were used during the preceding year.

1692

     Section 33.  Subsections (2) and (4) of section 322.19,

1693

Florida Statutes, are amended to read:

1694

     322.19  Change of address or name.--

1695

     (2)  Whenever any person, after applying for or receiving a

1696

driver's license, changes the residence or mailing address in the

1697

application or license, the person must, within 10 calendar days,

1698

either obtain a replacement license that reflects the change or

1699

request in writing a change-of-address sticker. A The written

1700

request to the department must include the old and new addresses

1701

and the driver's license number.

1702

     (4)  Notwithstanding any other provision of this chapter, if

1703

a licensee established his or her identity for a driver's license

1704

using an identification document authorized under s.

1705

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may

1706

not change his or her name or address except in person and upon

1707

submission of an identification document authorized under s.

1708

322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7.

1709

     Section 34.  Subsection (1) of section 322.21, Florida

1710

Statutes, is amended to read:

1711

     322.21  License fees; procedure for handling and collecting

1712

fees.--

1713

     (1)  Except as otherwise provided herein, the fee for:

1714

     (a)  An original or renewal commercial driver's license is

1715

$67 $50, which shall include the fee for driver education

1716

provided by s. 1003.48; however, if an applicant has completed

1717

training and is applying for employment or is currently employed

1718

in a public or nonpublic school system that requires the

1719

commercial license, the fee shall be the same as for a Class E

1720

driver's license. A delinquent fee of $1 shall be added for a

1721

renewal made not more than 12 months after the license expiration

1722

date. Of the $67 fee, $50 shall be deposited into the General

1723

Revenue Fund. The remaining $17 shall be deposited into the

1724

Highway Safety Operating Trust Fund for the general operations of

1725

the department.

1726

     (b) An original Class E driver's license is $27 $20, which

1727

shall include the fee for driver's education provided by s.

1728

1003.48; however, if an applicant has completed training and is

1729

applying for employment or is currently employed in a public or

1730

nonpublic school system that requires a commercial driver

1731

license, the fee shall be the same as for a Class E license. Of

1732

the $27 fee, $20 shall be deposited into the General Revenue

1733

Fund. The remaining $7 shall be deposited into the Highway Safety

1734

Operating Trust Fund for the general operations of the

1735

department.

1736

     (c)  The renewal or extension of a Class E driver's license

1737

or of a license restricted to motorcycle use only is $20 $15,

1738

except that a delinquent fee of $1 shall be added for a renewal

1739

or extension made not more than 12 months after the license

1740

expiration date. The fee provided in this paragraph shall include

1741

the fee for driver's education provided by s. 1003.48. Of the $20

1742

fee, $15 shall be deposited into the General Revenue Fund. The

1743

remaining $5 shall be deposited into the Highway Safety Operating

1744

Trust Fund for the general operations of the department.

1745

     (d)  An original driver's license restricted to motorcycle

1746

use only is $27 $20, which shall include the fee for driver's

1747

education provided by s. 1003.48. Of the $27 fee, $20 shall be

1748

deposited into the General Revenue Fund. The remaining $7 shall

1749

be deposited into the Highway Safety Operating Trust Fund for the

1750

general operations of the department.

1751

     (e) A replacement driver's license, issued pursuant to s.

1752

322.17 is $10. Of the $10 fee, $3 shall be deposited into the

1753

General Revenue Fund. The remaining $7 shall be deposited into

1754

the Highway Safety Operating Trust Fund for the general

1755

operations of the department.

1756

     (f) An original or renewal identification card issued

1757

pursuant to s. 322.051 is $10. Of the $10 fee, $4 shall be

1758

deposited into the General Revenue Fund. The remaining $6 shall

1759

be deposited in the Highway Safety Operating Trust Fund for the

1760

general operations of the department.

1761

     (g)(e) Each endorsement required by s. 322.57 is $7 $5. Of

1762

the $7 fee, $5 shall be deposited into the General Revenue Fund.

1763

The remaining $2 shall be deposited into the Highway Safety

1764

Operating Trust Fund for the general operations of the

1765

department.

1766

     (h)(f) A hazardous-materials endorsement, as required by s.

1767

322.57(1)(d), shall be set by the department by rule and shall

1768

reflect the cost of the required criminal history check,

1769

including the cost of the state and federal fingerprint check,

1770

and the cost to the department of providing and issuing the

1771

license. The fee shall not exceed $100. This fee shall be

1772

deposited in the Highway Safety Operating Trust Fund. The

1773

department may adopt rules to administer this section.

1774

     Section 35.  Subsection (3) of section 322.2715, Florida

1775

Statutes, is amended to read:

1776

     322.2715  Ignition interlock device.--

1777

     (3)  If the person is convicted of:

1778

     (a)  A first offense of driving under the influence under s.

1779

316.193 and has an unlawful blood-alcohol level or breath-alcohol

1780

level as specified in s. 316.193(4), or if a person is convicted

1781

of a violation of s. 316.193 and was at the time of the offense

1782

accompanied in the vehicle by a person younger than 18 years of

1783

age, the person shall have the ignition interlock device

1784

installed for 6 continuous months for the first offense and for

1785

at least 2 continuous years for a second offense.

1786

     (b)  A second offense of driving under the influence, the

1787

ignition interlock device shall be installed for a period of not

1788

less than 1 continuous year.

1789

     (c)  A third offense of driving under the influence which

1790

occurs within 10 years after a prior conviction for a violation

1791

of s. 316.193, the ignition interlock device shall be installed

1792

for a period of not less than 2 continuous years.

1793

     (d)  A third offense of driving under the influence which

1794

occurs more than 10 years after the date of a prior conviction,

1795

the ignition interlock device shall be installed for a period of

1796

not less than 2 continuous years.

1797

     Section 36.  Section 322.291, Florida Statutes, is amended

1798

to read:

1799

     322.291  Driver improvement schools or DUI programs;

1800

required in certain suspension and revocation cases.--Except as

1801

provided in s. 322.03(2), any person:

1802

     (1)  Whose driving privilege has been revoked:

1803

     (a)  Upon conviction for:

1804

     1.  Driving, or being in actual physical control of, any

1805

vehicle while under the influence of alcoholic beverages, any

1806

chemical substance set forth in s. 877.111, or any substance

1807

controlled under chapter 893, in violation of s. 316.193;

1808

     2.  Driving with an unlawful blood- or breath-alcohol level;

1809

     3.  Manslaughter resulting from the operation of a motor

1810

vehicle;

1811

     4.  Failure to stop and render aid as required under the

1812

laws of this state in the event of a motor vehicle crash

1813

resulting in the death or personal injury of another;

1814

     5.  Reckless driving; or

1815

     (b)  As an habitual offender;

1816

     (c)  Upon direction of the court, if the court feels that

1817

the seriousness of the offense and the circumstances surrounding

1818

the conviction warrant the revocation of the licensee's driving

1819

privilege; or

1820

     (2)  Whose license was suspended under the point system, was

1821

suspended for driving with an unlawful blood-alcohol level of

1822

0.10 percent or higher before January 1, 1994, was suspended for

1823

driving with an unlawful blood-alcohol level of 0.08 percent or

1824

higher after December 31, 1993, was suspended for a violation of

1825

s. 316.193(1), or was suspended for refusing to submit to a

1826

lawful breath, blood, or urine test as provided in s. 322.2615

1827

1828

shall, before the driving privilege may be reinstated, present to

1829

the department proof of enrollment in a department-approved

1830

advanced driver improvement course operating pursuant to s.

1831

318.1451 or a substance abuse education course conducted by a DUI

1832

program licensed pursuant to s. 322.292, which shall include a

1833

psychosocial evaluation and treatment, if referred. Additionally,

1834

for a third or subsequent violation involving the required use of

1835

an ignition interlock device, the person shall be required to

1836

complete treatment as determined by a licensed treatment agency

1837

following a referral by a DUI program and have the duration of

1838

the requirement to use an ignition interlock device extended for

1839

a least 1 month or up to the time required to complete treatment.

1840

If the person fails to complete such course or evaluation within

1841

90 days after reinstatement, or subsequently fails to complete

1842

treatment, if referred, the DUI program shall notify the

1843

department of the failure. Upon receipt of the notice, the

1844

department shall cancel the offender's driving privilege,

1845

notwithstanding the expiration of the suspension or revocation of

1846

the driving privilege. The department may temporarily reinstate

1847

the driving privilege upon verification from the DUI program that

1848

the offender has completed the education course and evaluation

1849

requirement and has reentered and is currently participating in

1850

treatment. If the DUI program notifies the department of the

1851

second failure to complete treatment, the department shall

1852

reinstate the driving privilege only after notice of completion

1853

of treatment from the DUI program.

1854

     Section 37.  Section 322.36, Florida Statutes, is amended to

1855

read:

1856

     322.36 Permitting unauthorized operator to drive.--A No

1857

person may not shall authorize or knowingly permit a motor

1858

vehicle owned by him or her or under his or her dominion or

1859

control to be operated upon any highway or public street except

1860

by a person who is persons duly authorized to operate a motor

1861

vehicle vehicles under the provisions of this chapter. Any person

1862

who violates violating this section commits provision is guilty

1863

of a misdemeanor of the second degree, punishable as provided in

1864

s. 775.082 or s. 775.083. If a person violates this section by

1865

knowingly loaning a vehicle to a person whose driver's license is

1866

suspended and if that vehicle is involved in an accident

1867

resulting in bodily injury or death, the driver's license of the

1868

person violating this section shall be suspended for 1 year.

1869

     Section 38. Section 322.60, Florida Statutes, is repealed.

1870

     Section 39.  Subsections (1), (2), (3), (4), (5), and (6) of

1871

section 322.61, Florida Statutes, are amended to read:

1872

     322.61  Disqualification from operating a commercial motor

1873

vehicle.--

1874

     (1)  A person who, for offenses occurring within a 3-year

1875

period, is convicted of two of the following serious traffic

1876

violations or any combination thereof, arising in separate

1877

incidents committed in a commercial motor vehicle shall, in

1878

addition to any other applicable penalties, be disqualified from

1879

operating a commercial motor vehicle for a period of 60 days. A

1880

holder of a commercial driver's license person who, for offenses

1881

occurring within a 3-year period, is convicted of two of the

1882

following serious traffic violations, or any combination thereof,

1883

arising in separate incidents committed in a noncommercial motor

1884

vehicle shall, in addition to any other applicable penalties, be

1885

disqualified from operating a commercial motor vehicle for a

1886

period of 60 days if such convictions result in the suspension,

1887

revocation, or cancellation of the licenseholder's driving

1888

privilege:

1889

     (a)  A violation of any state or local law relating to motor

1890

vehicle traffic control, other than a parking violation, a weight

1891

violation, or a vehicle equipment violation, arising in

1892

connection with a crash resulting in death or personal injury to

1893

any person;

1894

     (b)  Reckless driving, as defined in s. 316.192;

1895

     (c)  Careless driving, as defined in s. 316.1925;

1896

     (d)  Fleeing or attempting to elude a law enforcement

1897

officer, as defined in s. 316.1935;

1898

     (e)  Unlawful speed of 15 miles per hour or more above the

1899

posted speed limit;

1900

     (f)  Driving a commercial motor vehicle, owned by such

1901

person, which is not properly insured;

1902

     (g)  Improper lane change, as defined in s. 316.085;

1903

     (h)  Following too closely, as defined in s. 316.0895;

1904

     (i)  Driving a commercial vehicle without obtaining a

1905

commercial driver's license;

1906

     (j)  Driving a commercial vehicle without the proper class

1907

of commercial driver's license or without the proper endorsement;

1908

or

1909

     (k)  Driving a commercial vehicle without a commercial

1910

driver's license in possession, as required by s. 322.03. Any

1911

individual who provides proof to the clerk of the court or

1912

designated official in the jurisdiction where the citation was

1913

issued, by the date the individual must appear in court or pay

1914

any fine for such a violation, that the individual held a valid

1915

commercial driver's license on the date the citation was issued

1916

is not guilty of this offense.

1917

     (2)(a)  Any person who, for offenses occurring within a 3-

1918

year period, is convicted of three serious traffic violations

1919

specified in subsection (1) or any combination thereof, arising

1920

in separate incidents committed in a commercial motor vehicle

1921

shall, in addition to any other applicable penalties, including

1922

but not limited to the penalty provided in subsection (1), be

1923

disqualified from operating a commercial motor vehicle for a

1924

period of 120 days.

1925

     (b) A holder of a commercial driver's license person who,

1926

for offenses occurring within a 3-year period, is convicted of

1927

three serious traffic violations specified in subsection (1) or

1928

any combination thereof arising in separate incidents committed

1929

in a noncommercial motor vehicle shall, in addition to any other

1930

applicable penalties, including, but not limited to, the penalty

1931

provided in subsection (1), be disqualified from operating a

1932

commercial motor vehicle for a period of 120 days if such

1933

convictions result in the suspension, revocation, or cancellation

1934

of the licenseholder's driving privilege.

1935

     (3)(a) Except as provided in subsection (4), any person who

1936

is convicted of one of the following offenses listed in paragraph

1937

(b) while operating a commercial motor vehicle shall, in addition

1938

to any other applicable penalties, be disqualified from operating

1939

a commercial motor vehicle for a period of 1 year:

1940

     (b) Except as provided in subsection (4), any holder of a

1941

commercial driver's license who is convicted of one of the

1942

offenses listed in this paragraph while operating a noncommercial

1943

motor vehicle shall, in addition to any other applicable

1944

penalties, be disqualified from operating a commercial motor

1945

vehicle for a period of 1 year:

1946

     1.(a) Driving a commercial motor vehicle while he or she is

1947

under the influence of alcohol or a controlled substance;

1948

     2.(b) Driving a commercial motor vehicle while the alcohol

1949

concentration of his or her blood, breath, or urine is .04

1950

percent or higher;

1951

     3.(c) Leaving the scene of a crash involving a commercial

1952

motor vehicle driven by such person;

1953

     4.(d) Using a commercial motor vehicle in the commission of

1954

a felony;

1955

     5.(e) Driving a commercial motor vehicle while in

1956

possession of a controlled substance;

1957

     6.(f) Refusing to submit to a test to determine his or her

1958

alcohol concentration while driving a commercial motor vehicle;

1959

     7.(g) Driving a commercial vehicle while the

1960

licenseholder's commercial driver's license is suspended,

1961

revoked, or canceled or while the licenseholder is disqualified

1962

from driving a commercial vehicle; or

1963

     8.(h) Causing a fatality through the negligent operation of

1964

a commercial motor vehicle.

1965

     (4) Any person who is transporting hazardous materials as

1966

defined in s. 322.01(24) in a vehicle that is required to be

1967

placarded in accordance with Title 49 C.F.R. part 172, subpart F

1968

shall, upon conviction of an offense specified in subsection (3),

1969

be disqualified from operating a commercial motor vehicle for a

1970

period of 3 years. The penalty provided in this subsection shall

1971

be in addition to any other applicable penalty.

1972

     (5)  Any person who is convicted of two violations specified

1973

in subsection (3) which were committed while operating a

1974

commercial motor vehicle, or any combination thereof, arising in

1975

separate incidents shall be permanently disqualified from

1976

operating a commercial motor vehicle. Any holder of a commercial

1977

driver's license who is convicted of two violations specified in

1978

subsection (3) which were committed while operating a

1979

noncommercial motor vehicle, or any combination thereof, arising

1980

in separate incidents shall be permanently disqualified from

1981

operating a commercial motor vehicle. The penalty provided in

1982

this subsection is shall be in addition to any other applicable

1983

penalty.

1984

     (6)  Notwithstanding subsections (3), (4), and (5), any

1985

person who uses a commercial motor vehicle in the commission of

1986

any felony involving the manufacture, distribution, or dispensing

1987

of a controlled substance, including possession with intent to

1988

manufacture, distribute, or dispense a controlled substance,

1989

shall, upon conviction of such felony, be permanently

1990

disqualified from operating a commercial motor vehicle.

1991

Notwithstanding subsections (3), (4), and (5), any holder of a

1992

commercial driver's license who uses a noncommercial motor

1993

vehicle in the commission of any felony involving the

1994

manufacture, distribution, or dispensing of a controlled

1995

substance, including possession with intent to manufacture,

1996

distribute, or dispense a controlled substance, shall, upon

1997

conviction of such felony, be permanently disqualified from

1998

operating a commercial motor vehicle. The penalty provided in

1999

this subsection is shall be in addition to any other applicable

2000

penalty.

2001

     Section 40.  Section 322.64, Florida Statutes, is amended to

2002

read:

2003

     322.64 Holder of commercial driver's license; persons

2004

operating a commercial motor vehicle; driving with unlawful

2005

blood-alcohol level; refusal to submit to breath, urine, or blood

2006

test.--

2007

     (1)(a)  A law enforcement officer or correctional officer

2008

shall, on behalf of the department, disqualify from operating any

2009

commercial motor vehicle a person who while operating or in

2010

actual physical control of a commercial motor vehicle is arrested

2011

for a violation of s. 316.193, relating to unlawful blood-alcohol

2012

level or breath-alcohol level, or a person who has refused to

2013

submit to a breath, urine, or blood test authorized by s. 322.63

2014

arising out of the operation or actual physical control of a

2015

commercial motor vehicle. A law enforcement officer or

2016

correctional officer shall, on behalf of the department,

2017

disqualify the holder of a commercial driver's license from

2018

operating any commercial motor vehicle if the licenseholder,

2019

while operating or in actual physical control of a motor vehicle,

2020

is arrested for a violation of s. 316.193, relating to unlawful

2021

blood-alcohol level or breath-alcohol level, or refused to submit

2022

to a breath, urine, or blood test authorized by s. 322.63. Upon

2023

disqualification of the person, the officer shall take the

2024

person's driver's license and issue the person a 10-day temporary

2025

permit for the operation of noncommercial vehicles only if the

2026

person is otherwise eligible for the driving privilege and shall

2027

issue the person a notice of disqualification. If the person has

2028

been given a blood, breath, or urine test, the results of which

2029

are not available to the officer at the time of the arrest, the

2030

agency employing the officer shall transmit such results to the

2031

department within 5 days after receipt of the results. If the

2032

department then determines that the person was arrested for a

2033

violation of s. 316.193 and that the person had a blood-alcohol

2034

level or breath-alcohol level of 0.08 or higher, the department

2035

shall disqualify the person from operating a commercial motor

2036

vehicle pursuant to subsection (3).

2037

     (b)  The disqualification under paragraph (a) shall be

2038

pursuant to, and the notice of disqualification shall inform the

2039

driver of, the following:

2040

     1.a.  The driver refused to submit to a lawful breath,

2041

blood, or urine test and he or she is disqualified from operating

2042

a commercial motor vehicle for a period of 1 year, for a first

2043

refusal, or permanently, if he or she has previously been

2044

disqualified as a result of a refusal to submit to such a test;

2045

or

2046

     b. The driver was driving or in actual physical control of

2047

a commercial motor vehicle, or any motor vehicle if the driver

2048

holds a commercial driver's license, had an unlawful blood-

2049

alcohol level or breath-alcohol level of 0.08 or higher, and his

2050

or her driving privilege shall be disqualified for a period of 6

2051

months for a first offense or for a period of 1 year if his or

2052

her driving privilege has been previously disqualified under this

2053

section. violated s. 316.193 by driving with an unlawful blood-

2054

alcohol level and he or she is disqualified from operating a

2055

commercial motor vehicle for a period of 6 months for a first

2056

offense or for a period of 1 year if he or she has previously

2057

been disqualified, or his or her driving privilege has been

2058

previously suspended, for a violation of s. 316.193.

2059

     2.  The disqualification period for operating commercial

2060

vehicles shall commence on the date of arrest or issuance of the

2061

notice of disqualification, whichever is later.

2062

     3.  The driver may request a formal or informal review of

2063

the disqualification by the department within 10 days after the

2064

date of arrest or issuance of the notice of disqualification,

2065

whichever is later.

2066

     4. The temporary permit issued at the time of arrest or

2067

disqualification expires will expire at midnight of the 10th day

2068

following the date of disqualification.

2069

     5.  The driver may submit to the department any materials

2070

relevant to the disqualification arrest.

2071

     (2)  Except as provided in paragraph (1)(a), the law

2072

enforcement officer shall forward to the department, within 5

2073

days after the date of the arrest or the issuance of the notice

2074

of disqualification, whichever is later, a copy of the notice of

2075

disqualification, the driver's license of the person disqualified

2076

arrested, and a report of the arrest, including, if applicable,

2077

an affidavit stating the officer's grounds for belief that the

2078

person disqualified arrested was operating or in actual physical

2079

control of a commercial motor vehicle, or holds a commercial

2080

driver's license, and had an unlawful blood-alcohol or breath-

2081

alcohol level in violation of s. 316.193; the results of any

2082

breath or blood or urine test or an affidavit stating that a

2083

breath, blood, or urine test was requested by a law enforcement

2084

officer or correctional officer and that the person arrested

2085

refused to submit; a copy of the notice of disqualification

2086

citation issued to the person arrested; and the officer's

2087

description of the person's field sobriety test, if any. The

2088

failure of the officer to submit materials within the 5-day

2089

period specified in this subsection or subsection (1) does shall

2090

not affect the department's ability to consider any evidence

2091

submitted at or prior to the hearing. The officer may also submit

2092

a copy of a videotape of the field sobriety test or the attempt

2093

to administer such test and a copy of the crash report, if any.

2094

     (3)  If the department determines that the person arrested

2095

should be disqualified from operating a commercial motor vehicle

2096

pursuant to this section and if the notice of disqualification

2097

has not already been served upon the person by a law enforcement

2098

officer or correctional officer as provided in subsection (1),

2099

the department shall issue a notice of disqualification and,

2100

unless the notice is mailed pursuant to s. 322.251, a temporary

2101

permit which expires 10 days after the date of issuance if the

2102

driver is otherwise eligible.

2103

     (4) If the person disqualified arrested requests an

2104

informal review pursuant to subparagraph (1)(b)3., the department

2105

shall conduct the informal review by a hearing officer employed

2106

by the department. Such informal review hearing shall consist

2107

solely of an examination by the department of the materials

2108

submitted by a law enforcement officer or correctional officer

2109

and by the person disqualified arrested, and the presence of an

2110

officer or witness is not required.

2111

     (5)  After completion of the informal review, notice of the

2112

department's decision sustaining, amending, or invalidating the

2113

disqualification must be provided to the person. Such notice must

2114

be mailed to the person at the last known address shown on the

2115

department's records, and to the address provided in the law

2116

enforcement officer's report if such address differs from the

2117

address of record, within 21 days after the expiration of the

2118

temporary permit issued pursuant to subsection (1) or subsection

2119

(3).

2120

     (6)(a) If the person disqualified arrested requests a

2121

formal review, the department must schedule a hearing to be held

2122

within 30 days after such request is received by the department

2123

and must notify the person of the date, time, and place of the

2124

hearing.

2125

     (b)  Such formal review hearing shall be held before a

2126

hearing officer employed by the department, and the hearing

2127

officer shall be authorized to administer oaths, examine

2128

witnesses and take testimony, receive relevant evidence, issue

2129

subpoenas for the officers and witnesses identified in documents

2130

as provided in subsection (2), regulate the course and conduct of

2131

the hearing, and make a ruling on the disqualification. The

2132

department and the person disqualified arrested may subpoena

2133

witnesses, and the party requesting the presence of a witness

2134

shall be responsible for the payment of any witness fees. If the

2135

person who requests a formal review hearing fails to appear and

2136

the hearing officer finds such failure to be without just cause,

2137

the right to a formal hearing is waived and the department shall

2138

conduct an informal review of the disqualification under

2139

subsection (4).

2140

     (c)  A party may seek enforcement of a subpoena under

2141

paragraph (b) by filing a petition for enforcement in the circuit

2142

court of the judicial circuit in which the person failing to

2143

comply with the subpoena resides. A failure to comply with an

2144

order of the court shall result in a finding of contempt of

2145

court. However, a person shall not be in contempt while a

2146

subpoena is being challenged.

2147

     (d)  The department must, within 7 days after a formal

2148

review hearing, send notice to the person of the hearing

2149

officer's decision as to whether sufficient cause exists to

2150

sustain, amend, or invalidate the disqualification.

2151

     (7)  In a formal review hearing under subsection (6) or an

2152

informal review hearing under subsection (4), the hearing officer

2153

shall determine by a preponderance of the evidence whether

2154

sufficient cause exists to sustain, amend, or invalidate the

2155

disqualification. The scope of the review shall be limited to the

2156

following issues:

2157

     (a)  If the person was disqualified from operating a

2158

commercial motor vehicle for driving with an unlawful blood-

2159

alcohol level in violation of s. 316.193:

2160

     1.  Whether the arresting law enforcement officer had

2161

probable cause to believe that the person was driving or in

2162

actual physical control of a commercial motor vehicle, or any

2163

motor vehicle if the driver holds a commercial driver's license,

2164

in this state while he or she had any alcohol, chemical

2165

substances, or controlled substances in his or her body.

2166

     2. Whether the person was placed under lawful arrest for a

2167

violation of s. 316.193.

2168

     2.3. Whether the person had an unlawful blood-alcohol level

2169

or breath-alcohol level of 0.08 or higher as provided in s.

2170

316.193.

2171

     (b)  If the person was disqualified from operating a

2172

commercial motor vehicle for refusal to submit to a breath,

2173

blood, or urine test:

2174

     1.  Whether the law enforcement officer had probable cause

2175

to believe that the person was driving or in actual physical

2176

control of a commercial motor vehicle, or any motor vehicle if

2177

the driver holds a commercial driver's license, in this state

2178

while he or she had any alcohol, chemical substances, or