CS for CS for CS for SB 1992 First Engrossed
20081992e1
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. 316.1895, F.S.;
13
requiring the placement of signs in certain school zones
14
stating that speeding fines are doubled within the zone;
15
amending s. 316.191, F.S.; revising provisions prohibiting
16
certain speed competitions and exhibitions; revising the
17
definition of the terms "conviction," "drag race," and
18
"race"; defining the terms "exhibition of acceleration,"
19
"exhibition of speed," and "spectator"; prohibiting
20
driving in any race, drag race, exhibition of speed, or
21
exhibition of acceleration; prohibiting certain acts in
22
association with a race, drag race, exhibition of speed,
23
or exhibition of acceleration; prohibiting being a
24
spectator at any such race, drag race, or exhibition;
25
providing criminal and noncriminal penalties; providing
26
for revocation of the offender's driver's license upon
27
conviction; providing for disposition of citation for
28
being a spectator; providing penalties for a second or
29
subsequent offense; providing that a violation that causes
30
or contributes to causing serious bodily injury to another
31
is a felony of the third degree; providing that a
32
violation that causes or contributes to causing the death
33
of any human being or unborn quick child is the crime of
34
manslaughter resulting from the operation of a motor
35
vehicle; providing penalties; providing for a
36
determination of the definition of the term "unborn quick
37
child"; requiring that the driving record of a person
38
charged be provided to the court; providing criteria for
39
arrest; providing procedures for impoundment or
40
immobilization of a motor vehicle under a court order;
41
providing for release from impoundment under specified
42
exceptions; requiring that costs and fees of impoundment
43
to be paid by the owner or lessee of the motor vehicle;
44
providing procedures for an arresting officer to
45
immediately impound a motor vehicle used in a violation;
46
providing for the period of impoundment; removing a
47
requirement for impoundment that the person being arrested
48
is the registered owner or coowner of the motor vehicle;
49
providing for satisfaction of the element of negligent
50
entrustment; providing for severability; providing
51
noncriminal penalties for the display of images or devices
52
on a motor vehicle; creating s. 316.1926, F.S.; creating
53
additional offenses regarding the operation of a motor
54
vehicle; amending s. 316.193, F.S.; lowering the blood-
55
alcohol or breath-alcohol level for which enhanced
56
penalties are imposed against a person who was accompanied
57
in the vehicle by a minor at the time of the offense;
58
clarifying that an ignition interlock device is installed
59
for a continuous period; amending s. 316.1937, F.S.;
60
revising the conditions under which the court may require
61
the use of an ignition interlock device; amending s.
62
316.2085, F.S.; requiring an operator of a motorcycle or
63
moped to maintain both wheels on the ground at all times;
64
requiring that the license tag of a motorcycle or moped be
65
affixed horizontally; amending s. 316.2397, F.S.;
66
authorizing specified agencies to display blue lights when
67
responding to emergencies; amending s. 316.251, F.S.;
68
conforming a cross-reference; amending s. 316.29545, F.S.;
69
exempting certain investigative vehicles from the
70
prohibition against installing window sunscreening on a
71
vehicle; amending s. 316.302, F.S.; revising the
72
application of certain federal rules; providing for the
73
department to perform certain duties assigned under
74
federal rules; updating a reference to federal provisions
75
governing out-of-service requirements for commercial
76
vehicles; amending s. 316.3045, F.S.; providing enhanced
77
penalties upon multiple convictions for violating
78
prohibitions against the use of excessively loud
79
soundmaking equipment in a motor vehicle; amending s.
80
316.613, F.S.; redefining the term "motor vehicle" to
81
exclude certain trucks from the requirement to use a child
82
restraint; amending s. 316.645, F.S.; authorizing a police
83
officer to make an arrest upon probable cause of a
84
violation of laws governing motor vehicle licenses;
85
amending s. 316.650, F.S.; revising requirements for
86
traffic citation forms; providing for the electronic
87
transmission of citation data; amending s. 316.656, F.S.;
88
lowering the percentage of blood or breath alcohol content
89
relating to the prohibition against pleading guilty to a
90
lesser offense of driving under the influence than the
91
offense charged; amending s. 318.14, F.S.; prohibiting a
92
person from electing more than five times within 10 years
93
to attend a basic driver improvement course approved by
94
the Department of Highway Safety and Motor Vehicles in
95
lieu of making a court appearance; providing additional
96
penalties for certain offenses involving the operation of
97
a motorcycle or excessive speed; providing for revocation
98
of an offender's privilege to operate a motor vehicle;
99
creating s. 318.195, F.S.; providing enhanced penalties
100
for moving violations that cause injury or death to a
101
person on a motorcycle; amending s. 319.001, F.S.;
102
defining the term "certificate of title" to include
103
information stored electronically in the department's
104
database; amending s. 320.0706, F.S.; providing that a
105
violation of requirements for displaying a truck license
106
plate is a moving violation; amending s. 320.0715, F.S.;
107
requiring the department to withhold issuing or to suspend
108
a registration and license plate for a commercial motor
109
vehicle if the federal identifying number is not provided
110
or if the motor carrier or vehicle owner has been
111
prohibited from operating; amending s. 320.01, F.S.;
112
redefining the term "motorcycle" to exclude a vehicle
113
where the operator is enclosed by a cabin; amending s.
114
320.02, F.S., as amended; deleting the requirement for a
115
motorcycle endorsement at the time of original
116
registration of a motorcycle, motor-driven cycle, or
117
moped; repealing s. 320.02(13), F.S., relating to a motor
118
vehicle registration voluntary contribution for the
119
Election Campaign Financing Trust Fund; repealing s.
120
320.08053(3), F.S., relating to provisions requiring that
121
the department adopt rules providing certain
122
specifications for the design of specialty license plates;
123
amending s. 320.0894, F.S.; providing for the issuance of
124
Gold Star license plates to certain family members;
125
amending s. 320.27, F.S.; revising the insurance
126
requirements for persons applying for a motor vehicle
127
dealer license; amending s. 320.69, F.S.; authorizing the
128
Department of Highway Safety and Motor Vehicles to adopt
129
rules, including definitions as necessary; creating s.
130
321.26, F.S.; designating the Joseph P. Bertrand Building
131
in Fort Myers; amending s. 322.01, F.S.; defining the term
132
"convenience service"; redefining the terms "conviction,"
133
"hazardous materials," and "out-of-service order";
134
amending s. 322.0255, F.S.; revising eligibility for
135
reimbursement for organizations that conduct motorcycle
136
safety courses; amending s. 322.03, F.S.; deleting
137
provisions exempting certain persons from the requirement
138
to surrender a license issued by another jurisdiction;
139
providing certain exceptions for part-time residents;
141
applicant for an identification card or driver's license
142
provide additional information; authorizing use of
143
additional documents to prove identity; revising the fee
144
requirements; revising provisions providing for the
145
expiration of an identification card issued by the
146
department; deleting provisions authorizing a voluntary
147
contribution; amending s. 322.14, F.S.; requiring that an
148
applicant for a driver's license provide a residence
149
address; amending s. 322.15, F.S.; authorizing a law
150
enforcement officer or authorized representative of the
151
department to collect a person's fingerprints
152
electronically; amending s. 322.17, F.S.; revising the
153
requirements for obtaining a replacement license or
154
permit; deleting provisions authorizing the department to
155
issue address stickers; amending s. 322.18, F.S.; revising
156
provisions providing for the expiration of driver's
157
licenses; providing for the renewal of certain licenses
158
every 8 years and for the renewal of licenses for persons
159
older than a specified age every 6 years; providing for
160
the renewal of licenses using a convenience service;
161
requiring the department to issue new licenses rather than
162
extension stickers; conforming cross-references; repealing
163
s. 322.181(4), F.S., relating to the Florida At-Risk
164
Driver Council; amending s. 322.19, F.S.; deleting
165
provisions authorizing the use of a change-of-address
166
sticker on a driver's license; conforming cross-
167
references; amending s. 322.21, F.S.; increasing the fees
168
charged for obtaining a new or renewal driver's license or
169
identification card; specifying that a portion of the fees
170
be deposited for use by the department; amending s.
171
322.2715, F.S.; clarifying that an ignition interlock
172
device is installed for a continuous period; amending s.
173
322.291, F.S.; imposing additional sanctions against a
174
person who violates requirements with respect to an
175
ignition interlock device; amending s. 322.36, F.S.;
176
requiring the suspension for a specified period of the
177
driver's license of a person who loans a vehicle to a
178
person whose driver's license is suspended if that vehicle
179
is involved in an accident resulting in bodily injury or
180
death; repealing s. 322.60, F.S., relating to a
181
prohibition against possessing more than one driver's
182
license under certain circumstances; amending s. 322.61,
183
F.S.; clarifying provisions disqualifying a person from
184
operating a commercial motor vehicle following certain
185
traffic violations; providing for permanent
186
disqualification following conviction of a felony
187
involving the manufacture, distribution, or dispensing of
188
a controlled substance; amending s. 322.64, F.S.;
189
providing that refusal to submit to a breath, urine, or
190
blood test disqualifies a person from operating a
191
commercial motor vehicle; providing a period of
192
disqualification if a person has an unlawful blood-alcohol
193
or breath-alcohol level; providing for issuance of a
194
notice of disqualification; revising the requirements for
195
a formal review hearing following a person's
196
disqualification from operating a commercial motor
197
vehicle; amending s. 324.021, F.S.; clarifying that a
198
judgment becomes final by expiration of the time for
199
appeal; amending 501.976, F.S.; conforming a cross-
200
reference; creating the Automobile Lenders Industry Task
201
Force within the Department of Highway Safety and Motor
202
Vehicles; providing duties of the task force; providing
203
for membership and the election of officers; providing for
204
meetings; providing for reimbursement for travel and per
205
diem expenses for public-sector members; requiring the
206
department to provide administrative support and
207
assistance to the task force; prohibiting the Department
208
of Highway Safety and Motor Vehicles from issuing any new
209
specialty license plates for a specified period; providing
210
an exception; providing an effective date.
211
212
Be It Enacted by the Legislature of the State of Florida:
213
214
Section 1. Section 316.0741, Florida Statutes, is amended
215
to read:
216
316.0741 High-occupancy-vehicle High occupancy vehicle
217
lanes.--
218
(1) As used in this section, the term:
219
(a) "High-occupancy-vehicle "High occupancy vehicle lane"
220
or "HOV lane" means a lane of a public roadway designated for use
221
by vehicles in which there is more than one occupant unless
222
otherwise authorized by federal law.
223
(b) "Hybrid vehicle" means a motor vehicle that:
224
1. Draws propulsion energy from onboard sources of stored
225
energy which are both an internal combustion or heat engine using
226
combustible fuel and a rechargeable energy-storage system; and
227
2. In the case of a passenger automobile or light truck,
228
has received a certificate of conformity under the Clean Air Act,
229
42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent
230
qualifying California standards for a low-emission vehicle.
231
(2) The number of persons that must be in a vehicle to
232
qualify for legal use of the HOV lane and the hours during which
233
the lane will serve as an HOV lane, if it is not designated as
234
such on a full-time basis, must also be indicated on a traffic
235
control device.
236
(3) Except as provided in subsection (4), a vehicle may not
237
be driven in an HOV lane if the vehicle is occupied by fewer than
238
the number of occupants indicated by a traffic control device. A
239
driver who violates this section shall be cited for a moving
240
violation, punishable as provided in chapter 318.
241
(4)(a) Notwithstanding any other provision of this section,
242
an inherently low-emission vehicle (ILEV) that is certified and
243
labeled in accordance with federal regulations may be driven in
244
an HOV lane at any time, regardless of its occupancy. In
245
addition, upon the state's receipt of written notice from the
246
proper federal regulatory agency authorizing such use, a vehicle
247
defined as a hybrid vehicle under this section may be driven in
248
an HOV lane at any time, regardless of its occupancy.
249
(b) All eligible hybrid and all other eligible low-emission
250
and energy-efficient vehicles driven in an HOV lane must comply
251
with the minimum fuel economy standards in 23 U.S.C. s.
252
166(f)(3)(B).
253
(c) The eligibility of hybrid and other low-emission and
254
energy-efficient vehicles for operation in an HOV lane regardless
255
of occupancy shall be determined in accordance with the
256
applicable final rule issued by the United State Environmental
257
Protection Agency pursuant to 23 U.S.C. s. 166(e) and shall take
258
effect on the effective date of the rule.
259
(5) The department shall issue a decal and registration
260
certificate, to be renewed annually, reflecting the HOV lane
261
designation on such vehicles meeting the criteria in subsection
262
(4) and authorizing driving in an HOV lane at any time such use.
263
The department may charge a fee for a decal, not to exceed the
264
costs of designing, producing, and distributing each decal, or
265
$5, whichever is less. The proceeds from sale of the decals shall
266
be deposited in the Highway Safety Operating Trust Fund. The
267
department may, for reasons of operation and management of HOV
268
facilities, limit or discontinue issuance of decals for the use
269
of HOV facilities by hybrid, low-emission, and energy-efficient
270
vehicles regardless of occupancy if it has been determined by the
271
Department of Transportation that the facilities are degraded as
272
defined by 23 U.S.C. s. 166(d)(2).
273
(6) Vehicles that have decals by virtue of compliance with
274
the minimum fuel-economy standards under 23 U.S.C. s.
275
166(f)(3)(B), and that are registered for use in high-occupancy
276
toll lanes or express lanes in accordance with Department of
277
Transportation rule, shall be allowed to use any HOV lanes
278
redesignated as high-occupancy toll lanes or express lanes
279
without payment of a toll.
280
(5) As used in this section, the term "hybrid vehicle"
281
means a motor vehicle:
282
(a) That draws propulsion energy from onboard sources of
283
stored energy which are both:
284
1. An internal combustion or heat engine using combustible
285
fuel; and
286
2. A rechargeable energy storage system; and
287
(b) That, in the case of a passenger automobile or light
288
truck:
289
1. Has received a certificate of conformity under the Clean
290
Air Act, 42 U.S.C. ss. 7401 et seq.; and
291
2. Meets or exceeds the equivalent qualifying California
292
standards for a low-emission vehicle.
293
(7)(6) The department of Transportation is authorized to
294
may adopt rules necessary to implement and administer this
295
section.
296
Section 2. Subsection (1) of section 316.1575, Florida
297
Statutes, is amended to read:
298
316.1575 Obedience to traffic control devices at railroad-
299
highway grade crossings.--
300
(1) Any person walking or driving a vehicle and approaching
301
a railroad-highway grade crossing under any of the circumstances
302
stated in this section shall stop within 50 feet but not less
303
than 15 feet from the nearest rail of such railroad and shall not
304
proceed until he or she can do so safely. The foregoing
305
requirements apply when:
306
(a) A clearly visible electric or mechanical signal device
307
gives warning of the immediate approach of a railroad train;
308
(b) A crossing gate is lowered or a law enforcement officer
309
or a human flagger gives or continues to give a signal of the
310
approach or passage of a railroad train;
311
(c) An approaching railroad train emits an audible signal
312
or the railroad train, by reason of its speed or nearness to the
313
crossing, is an immediate hazard; or
314
(d) An approaching railroad train is plainly visible and is
315
in hazardous proximity to the railroad-highway grade crossing,
316
regardless of the type of traffic control devices installed at
317
the crossing.
318
Section 3. Effective July 1, 2008, subsection (6) of
319
section 316.1895, Florida Statutes, is amended to read:
320
316.1895 Establishment of school speed zones, enforcement;
321
designation.--
322
(6) Permanent signs designating school zones and school
323
zone speed limits shall be uniform in size and color, and shall
324
have the times during which the restrictive speed limit is
325
enforced clearly designated thereon. Flashing beacons activated
326
by a time clock, or other automatic device, or manually activated
327
may be used as an alternative to posting the times during which
328
the restrictive school speed limit is enforced. Beginning July 1,
329
2008, for any newly established school zone or any school zone in
330
which the signing has been replaced, a sign stating "Speeding
331
Fines Doubled" shall be installed within the school zone. The
332
Department of Transportation shall establish adequate standards
333
for the signs and flashing beacons.
334
Section 4. Section 316.191, Florida Statutes, is amended to
335
read:
336
316.191 Racing on highways.--
337
(1) As used in this section, the term:
338
(a) "Conviction" means a determination of guilt that is the
339
result of a plea or trial, regardless of whether or not
340
adjudication is withheld.
341
(b) "Drag race" means the operation of two or more motor
342
vehicles in competition, arising from a challenge to demonstrate
343
superiority of a motor vehicle or driver and the acceptance or
344
competitive response to that challenge, either through a prior
345
arrangement or in immediate response, from a point side by side
346
at accelerating speeds in a competitive attempt to outdistance
347
each other, or the operation of one or more motor vehicles over a
348
common selected course, from the same point to the same point,
349
for the purpose of comparing the relative speeds or power of
350
acceleration of such motor vehicle or motor vehicles within a
351
certain distance or time limit. A drag race may be prearranged or
352
may occur through a competitive response to conduct on the part
353
of one or more drivers which, under the totality of the
354
circumstances, can reasonably be interpreted as a challenge to
355
participate in a drag race.
356
(c) "Exhibition of acceleration" means the use of a motor
357
vehicle in a demonstration to another person or persons,
358
including, but not limited to, any passenger of such motor
359
vehicle or the driver or passenger of another motor vehicle, of
360
the motor vehicle's ability to accelerate by a sudden increase in
361
speed causing a tire to lose firm traction with, or burn, smoke,
362
or squeal against, the road surface which results in the
363
vehicle's continuous acceleration to a final speed that exceeds
364
the posted or lawful speed limit.
365
(d) "Exhibition of speed" means the use of a motor vehicle
366
in a demonstration to another person or persons, including, but
367
not limited to, any passenger of such motor vehicle or the driver
368
or passenger of another motor vehicle, of the motor vehicle's
369
speed or handling capabilities at a speed of at least double the
370
posted or lawful speed limit or 100 miles per hour, whichever is
371
less.
372
(e)(c) "Race Racing" means the use of one or more motor
373
vehicles in competition, arising from a challenge to demonstrate
374
superiority of a motor vehicle or driver and the acceptance or
375
competitive response to that challenge, either through a prior
376
arrangement or in immediate response, in which the competitor
377
attempts an attempt to outgain or outdistance another motor
378
vehicle, to prevent another motor vehicle from passing, to arrive
379
at a given destination ahead of another motor vehicle or motor
380
vehicles, or to test the physical stamina or endurance of drivers
381
over long-distance driving routes. A race may be prearranged or
382
may occur through a competitive response to conduct on the part
383
of one or more drivers which, under the totality of the
384
circumstances, can reasonably be interpreted as a challenge to
385
race.
386
(f) "Spectator" means any person who is knowingly present
387
at and views an illegal race, drag race, or exhibition when such
388
presence is the result of an affirmative choice to attend or
389
participate in the race or exhibition. For purposes of
390
determining whether or not an individual is a spectator, finders
391
of fact shall consider the relationship between the racer and the
392
individual, evidence of gambling or betting on the outcome of the
393
race, and any other factor that would tend to show knowing
394
attendance or participation.
395
(2)(a) A person operating or in actual physical control of
396
a motor vehicle, including any motorcycle, on any street or
397
highway or publicly accessible parking lot may not:
398
1. Drive any motor vehicle, including any motorcycle, in
399
any race;,
400
2. Drive in any speed competition or contest, drag race; or
401
acceleration contest, test of physical endurance, or
402
3. Drive in any exhibition of speed; or
403
4. Drive in any exhibition of acceleration. or for the
404
purpose of making a speed record on any highway, roadway, or
405
parking lot;
406
(b) A person may not:
407
1.2. In any manner knowingly participate in, coordinate,
408
facilitate, or collect moneys at any location for any such race,
409
drag race competition, contest, test, or exhibition prohibited
410
under paragraph (a);
411
2.3. Knowingly ride as a passenger in any such race, drag
412
race competition, contest, test, or exhibition prohibited under
413
paragraph (a); or
414
3.4. Knowingly Purposefully cause the movement of traffic
415
to slow or stop for any such race, drag race competition,
416
contest, test, or exhibition prohibited under paragraph (a).
417
(c) A person may not be a spectator at any such race, drag
418
race, or exhibition prohibited under paragraph (a).
419
(3)(a) Any person who violates any provision of this
420
paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of the
421
second first degree, punishable as provided in s. 775.082 or s.
422
775.083. Any person who violates any provision of this paragraph
423
(2)(a) or paragraph (2)(b) shall pay a fine of not less than $250
424
$500 and not more than $500 $1,000, and the court shall revoke
425
the driver's license of a person so convicted for 2 years
426
regardless of whether or not adjudication is withheld and the
427
department shall revoke the driver license of a person so
428
convicted for 1 year. A hearing may be requested pursuant to s.
429
430
(b) Any person who violates the provisions of paragraph
431
(2)(c) commits a noncriminal traffic violation, punishable as a
432
moving violation as provided in chapter 318.
433
(c)(b) Any person who violates any provision of paragraph
434
(2)(a) or paragraph (2)(b) within 5 years after the date of a
435
prior violation that resulted in a conviction for a violation of
436
paragraph (2)(a) or paragraph (2)(b) this subsection commits a
437
misdemeanor of the first degree, punishable as provided in s.
439
and not more than $1,000. In any second or subsequent conviction,
440
the court may not withhold adjudication of guilt and shall revoke
441
the driver's license of that person for 5 years. The department
442
shall also revoke the driver license of that person for 2 years.
443
A hearing may be requested pursuant to s. 322.271.
444
(d) Any person who violates any provision of paragraph
445
(2)(a) or paragraph (2)(b) and by reason of such violation causes
446
or in any way contributes to causing damage to the property or
447
person of another commits a misdemeanor of the first degree,
449
a fine of not less than $500 and not more than $1,000, and the
450
court shall revoke the driver's license of a person so convicted
451
for 2 years regardless of whether or not adjudication is
452
withheld. A hearing may be requested pursuant to s. 322.271.
453
(e) Any person who violates any provision of paragraph
454
(2)(a) or paragraph (2)(b) and by reason of such violation causes
455
or in any way contributes to causing serious bodily injury to
456
another, as defined in s. 316.1933, commits a felony of the third
458
775.084, and shall pay a fine of not less than $1,000.
459
(f) Any person who violates any provision of paragraph
460
(2)(a) or paragraph (2)(b) and by reason of such violation causes
461
or in any way contributes to causing the death of any human being
462
or unborn quick child commits the crime of manslaughter resulting
463
from the operation of a motor vehicle. In any conviction under
464
this paragraph, the court may not withhold adjudication of guilt
465
and shall permanently revoke the driver's license of a person so
466
convicted. A hearing may be requested pursuant to s. 322.271. A
467
person so convicted commits:
468
1. A felony of the second degree, punishable as provided in
470
not less than $5,000; or
471
2. A felony of the first degree, punishable as provided in
473
not less than $5,000, if:
474
a. At the time of the crash, the person knew, or should
475
have known, that the crash occurred; and
476
b. The person failed to give information and render aid as
477
required by s. 316.062.
478
479
For purposes of this paragraph, the definition of the term
480
"unborn quick child" shall be determined in accordance with the
481
definition of viable fetus as set forth in s. 782.071. A person
482
who is convicted of manslaughter resulting from the operation of
483
a motor vehicle shall be sentenced to a mandatory minimum term of
484
imprisonment of 4 years.
485
(4)(c) In any case charging a violation of paragraph (2)(a)
486
or paragraph (2)(b), the court shall be provided a copy of the
487
driving record of the person charged and may obtain any records
488
from any other source to determine if one or more prior
489
convictions of the person for violation of paragraph (2)(a) or
490
paragraph (2)(b) have occurred within 5 years prior to the
491
charged offense; however, at trial, proof of such prior
492
conviction must be made by a certified copy of any prior judgment
493
of conviction or judgment withholding adjudication of guilt.
494
(5)(a)(3) Whenever a law enforcement officer determines
495
that a person has committed a violation of paragraph (2)(a) or
496
paragraph (2)(b) was engaged in a drag race or race, as described
497
in subsection (1), the officer may immediately arrest and take
498
such person into custody, consistent with constitutional
499
requirements, regardless of whether or not the offense was
500
committed in the presence of the officer or whether the officer's
501
determination is based upon information provided by anonymous
502
tipsters, citizen informants, or any other source. The court may
503
enter an order of impoundment or immobilization as a condition of
504
incarceration or probation. Within 7 business days after the date
505
the court issues the order of impoundment or immobilization, the
506
clerk of the court must send notice by certified mail, return
507
receipt requested, to the registered owner of the motor vehicle,
508
if the registered owner is a person other than the defendant, and
509
to each person of record claiming a lien against the motor
510
vehicle.
511
(b)(a) Notwithstanding any provision of law to the
512
contrary, the impounding agency shall release a motor vehicle
513
under the conditions provided in s. 316.193(6)(e) and, (f), (g),
514
and (h), if the owner or agent presents a valid driver license at
515
the time of pickup of the motor vehicle.
516
(c)(b) All costs and fees for the impoundment or
517
immobilization, including the cost of notification, must be paid
518
by the owner of the motor vehicle or, if the motor vehicle is
519
leased or rented, by the person leasing or renting the motor
520
vehicle, unless the impoundment or immobilization order is
521
dismissed. All provisions of s. 713.78 shall apply.
522
(d)(c) Any motor vehicle used in violation of subsection
523
(2) may be impounded for a period of 30 10 business days if a law
524
enforcement officer has arrested and taken a person into custody
525
pursuant to this subsection and the person being arrested is the
526
registered owner or coowner of the motor vehicle. If the
527
arresting officer finds that the criteria of this paragraph are
528
met, the officer may immediately impound the motor vehicle. The
529
law enforcement officer shall notify the Department of Highway
530
Safety and Motor Vehicles of any impoundment for violation of
531
this subsection in accordance with procedures established by the
532
department. The provisions of paragraphs (b) (a) and (c) (b)
533
shall be applicable to such impoundment.
534
(4) Any motor vehicle used in violation of subsection (2)
535
by any person within 5 years after the date of a prior conviction
536
of that person for a violation under subsection (2) may be seized
537
and forfeited as provided by the Florida Contraband Forfeiture
538
Act. This subsection shall only be applicable if the owner of the
539
motor vehicle is the person charged with violation of subsection
540
(2).
541
(6)(5) This section does not apply to licensed or duly
542
authorized racetracks, drag strips, or other designated areas set
543
aside by proper authorities for such purposes.
544
(7) If any provision of this section is deemed
545
unconstitutional by any court, such unconstitutional provision
546
shall be deemed severable and such determination shall not affect
547
the enforceability of all remaining constitutional provisions of
548
this section.
549
Section 5. Whoever willfully displays on a vehicle an image
550
or device of reproductive glands, commits a noncriminal traffic
551
violation, punishable as a moving violation as provided in
552
chapter 318, Florida Statutes.
553
Section 6. Section 316.1926, Florida Statutes, is created
554
to read:
555
316.1926 Additional offenses.--
556
(1) A person who violates the provisions of s. 316.2085(2)
557
or (3) shall be cited for a moving violation, punishable as
558
provided in chapter 318.
559
(2) A person who exceeds a speed limit of 50 miles per hour
561
shall be cited for a moving violation, punishable as provided in
562
chapter 318.
563
Section 7. Subsection (4) of section 316.193, Florida
564
Statutes, is amended to read:
565
316.193 Driving under the influence; penalties.--
566
(4) Any person who is convicted of a violation of
567
subsection (1) and who has a blood-alcohol level or breath-
568
alcohol level of 0.15 0.20 or higher, or any person who is
569
convicted of a violation of subsection (1) and who at the time of
570
the offense was accompanied in the vehicle by a person under the
571
age of 18 years, shall be punished:
572
(a) By a fine of:
573
1. Not less than $500 or more than $1,000 for a first
574
conviction.
575
2. Not less than $1,000 or more than $2,000 for a second
576
conviction.
577
3. Not less than $2,000 for a third or subsequent
578
conviction.
579
(b) By imprisonment for:
580
1. Not more than 9 months for a first conviction.
581
2. Not more than 12 months for a second conviction.
582
583
For the purposes of this subsection, only the instant offense is
584
required to be a violation of subsection (1) by a person who has
585
a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
586
higher.
587
(c) In addition to the penalties in paragraphs (a) and (b),
588
the court shall order the mandatory placement, at the convicted
589
person's sole expense, of an ignition interlock device approved
590
by the department in accordance with s. 316.1938 upon all
591
vehicles that are individually or jointly leased or owned and
592
routinely operated by the convicted person for not less than up
593
to 6 continuous months for the first offense and for not less
594
than at least 2 continuous years for a second offense, when the
595
convicted person qualifies for a permanent or restricted license.
596
The installation of such device may not occur before July 1,
597
2003.
598
Section 8. Subsection (1) of section 316.1937, Florida
599
Statutes, is amended to read:
600
316.1937 Ignition interlock devices, requiring; unlawful
601
acts.--
602
(1) In addition to any other authorized penalties, the
603
court may require that any person who is convicted of driving
604
under the influence in violation of s. 316.193 shall not operate
605
a motor vehicle unless that vehicle is equipped with a
606
functioning ignition interlock device certified by the department
607
as provided in s. 316.1938, and installed in such a manner that
608
the vehicle will not start if the operator's blood alcohol level
609
is in excess of 0.05 percent or as otherwise specified by the
610
court. The court may require the use of an approved ignition
611
interlock device for a period of not less than 6 continuous
612
months, if the person is permitted to operate a motor vehicle,
613
whether or not the privilege to operate a motor vehicle is
614
restricted, as determined by the court. The court, however, shall
615
order placement of an ignition interlock device in those
616
circumstances required by s. 316.193.
617
Section 9. Subsection (2) of section 316.2085, Florida
618
Statutes, is amended, subsections (3) through (6) of that section
619
are renumbered as subsections (4) through (7), respectively, and
620
a new subsection (3) is added to that section, to read:
621
316.2085 Riding on motorcycles or mopeds.--
622
(2) A person shall ride upon a motorcycle or moped only
623
while sitting astride the seat, with both wheels on the ground at
624
all times, facing forward, and with one leg on each side of the
625
motorcycle or moped. However, it is not a violation of this
626
subsection if the wheels of a motorcycle or moped lose contact
627
with the ground briefly due to the condition of the road surface
628
or other circumstances beyond the control of the operator.
629
(3) The license tag of a motorcycle or moped must be
630
permanently affixed horizontally to the ground and may not be
631
adjustable or capable of being flipped up.
632
Section 10. Subsections (1) and (2) of section 316.2397,
633
Florida Statutes, are amended to read:
634
316.2397 Certain lights prohibited; exceptions.--
635
(1) A No person may not shall drive or move or cause to be
636
moved any vehicle or equipment upon any highway within this state
637
with any lamp or device thereon showing or displaying a red or
638
blue light visible from directly in front thereof except for
639
certain vehicles hereinafter provided.
640
(2) It is expressly prohibited for any vehicle or
641
equipment, except police vehicles, to show or display blue
642
lights. However, vehicles owned, operated, or leased by the
643
Department of Corrections or any county correctional agency may
644
show or display blue lights when responding to emergencies.
645
Section 11. Subsection (2) of section 316.251, Florida
646
Statutes, is amended to read:
647
316.251 Maximum bumper heights.--
648
(2) "New motor vehicles" as defined in s. 319.001(9) s.
650
"horseless carriages" as defined in s. 320.086, and "street rods"
651
as defined in s. 320.0863 shall be excluded from the requirements
652
of this section.
653
Section 12. Section 316.29545, Florida Statutes, is amended
654
to read:
655
316.29545 Window sunscreening exclusions; medical
656
exemption; certain law enforcement vehicles exempt; certain
657
investigative vehicles exempt.--
658
(1) The department shall issue medical exemption
659
certificates to persons who are afflicted with Lupus or similar
660
medical conditions which require a limited exposure to light,
661
which certificates shall entitle the person to whom the
662
certificate is issued to have sunscreening material on the
663
windshield, side windows, and windows behind the driver which is
665
department shall provide, by rule, for the form of the medical
666
certificate authorized by this section. At a minimum, the medical
667
exemption certificate shall include a vehicle description with
668
the make, model, year, vehicle identification number, medical
669
exemption decal number issued for the vehicle, and the name of
670
the person or persons who are the registered owners of the
671
vehicle. A medical exemption certificate shall be nontransferable
672
and shall become null and void upon the sale or transfer of the
673
vehicle identified on the certificate.
674
(2)(a) The department shall exempt all law enforcement
675
vehicles used in undercover or canine operations from the window
677
(b) The department shall exempt from the sunscreening
679
owned or leased by investigative agencies licensed pursuant to
680
chapter 493 and used in homeland security functions on behalf of
681
federal, state, or local authorities; executive protection
682
activities; undercover, convert, or surveillance operations in
683
cases involving child abductions, convicted sex offenders,
684
insurance fraud, or missing persons or property; or other
685
activities in which evidence is being obtained for civil or
686
criminal proceedings.
687
(3) The department may charge a fee in an amount sufficient
688
to defray the expenses of issuing a medical exemption certificate
689
as described in subsection (1).
690
Section 13. Subsections (1), (6), and (8) of section
691
316.302, Florida Statutes, are amended to read:
692
316.302 Commercial motor vehicles; safety regulations;
693
transporters and shippers of hazardous materials; enforcement.--
694
(1)(a) All owners and drivers of commercial motor vehicles
695
that are operated on the public highways of this state while
696
engaged in interstate commerce are subject to the rules and
697
regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
698
(b) Except as otherwise provided in this section, all
699
owners or drivers of commercial motor vehicles that are engaged
700
in intrastate commerce are subject to the rules and regulations
701
contained in 49 C.F.R. parts 382, 385, and 390-397, with the
702
exception of 49 C.F.R. s. 390.5 as it relates to the definition
703
of bus, as such rules and regulations existed on October 1, 2007
704
2005.
705
(c) Except as provided in s. 316.215(5), and except as
706
provided in s. 316.228 for rear overhang lighting and flagging
707
requirements for intrastate operations, the requirements of this
708
section supersede all other safety requirements of this chapter
709
for commercial motor vehicles.
710
(6) The state Department of Transportation shall perform
711
the duties that are assigned to the Field Administrator, Federal
712
Motor Carrier Safety Administration Regional Federal Highway
713
Administrator under the federal rules, and an agent of that
714
department, as described in s. 316.545(9), may enforce those
715
rules.
716
(8) For the purpose of enforcing this section, any law
717
enforcement officer of the Department of Transportation or duly
718
appointed agent who holds a current safety inspector
719
certification from the Commercial Vehicle Safety Alliance may
720
require the driver of any commercial vehicle operated on the
721
highways of this state to stop and submit to an inspection of the
722
vehicle or the driver's records. If the vehicle or driver is
723
found to be operating in an unsafe condition, or if any required
724
part or equipment is not present or is not in proper repair or
725
adjustment, and the continued operation would present an unduly
726
hazardous operating condition, the officer may require the
727
vehicle or the driver to be removed from service pursuant to the
728
North American Standard Uniform Out-of-Service Criteria, until
729
corrected. However, if continuous operation would not present an
730
unduly hazardous operating condition, the officer may give
731
written notice requiring correction of the condition within 14
732
days.
733
(a) Any member of the Florida Highway Patrol or any law
734
enforcement officer employed by a sheriff's office or municipal
735
police department authorized to enforce the traffic laws of this
736
state pursuant to s. 316.640 who has reason to believe that a
737
vehicle or driver is operating in an unsafe condition may, as
738
provided in subsection (10), enforce the provisions of this
739
section.
740
(b) Any person who fails to comply with an officer's
741
request to submit to an inspection under this subsection commits
742
a violation of s. 843.02 if the person resists the officer
743
without violence or a violation of s. 843.01 if the person
744
resists the officer with violence.
745
Section 14. Section 316.3045, Florida Statutes, is amended
746
to read:
747
316.3045 Operation of radios or other mechanical
748
soundmaking devices or instruments in vehicles; exemptions.--
749
(1) It is unlawful for any person operating or occupying a
750
motor vehicle on a street or highway to operate or amplify the
751
sound produced by a radio, tape player, or other mechanical
752
soundmaking device or instrument from within the motor vehicle so
753
that the sound is:
754
(a) Plainly audible at a distance of 25 feet or more from
755
the motor vehicle; or
756
(b) Louder than necessary for the convenient hearing by
757
persons inside the vehicle in areas adjoining churches, schools,
758
or hospitals.
759
(2) The provisions of this section do shall not apply to
760
any law enforcement motor vehicle equipped with any communication
761
device necessary in the performance of law enforcement duties or
762
to any emergency vehicle equipped with any communication device
763
necessary in the performance of any emergency procedures.
764
(3) The provisions of this section do not apply to motor
765
vehicles used for business or political purposes, which in the
766
normal course of conducting such business use soundmaking
767
devices. The provisions of this subsection shall not be deemed to
768
prevent local authorities, with respect to streets and highways
769
under their jurisdiction and within the reasonable exercise of
770
the police power, from regulating the time and manner in which
771
such business may be operated.
772
(4) The provisions of this section do not apply to the
773
noise made by a horn or other warning device required or
774
permitted by s. 316.271. The Department of Highway Safety and
775
Motor Vehicles shall adopt promulgate rules defining "plainly
776
audible" and establish standards regarding how sound should be
777
measured by law enforcement personnel who enforce the provisions
778
of this section.
779
(5) A violation of this section is a noncriminal traffic
780
infraction, punishable as a nonmoving violation as provided in
781
chapter 318.
782
(6) In addition to any fine administered under subsection
783
(5), a person convicted of a violation of this section shall also
784
pay upon the 10th or subsequent conviction, a fine of not less
785
than $250 but not more than $500.
786
Section 15. Subsection (2) of section 316.613, Florida
787
Statutes, is amended to read:
788
316.613 Child restraint requirements.--
789
(2) As used in this section, the term "motor vehicle" means
790
a motor vehicle as defined in s. 316.003 which that is operated
791
on the roadways, streets, and highways of the state. The term
792
does not include:
793
(a) A school bus as defined in s. 316.003(45).
794
(b) A bus used for the transportation of persons for
795
compensation, other than a bus regularly used to transport
796
children to or from school, as defined in s. 316.615(1)(b), or in
797
conjunction with school activities.
798
(c) A farm tractor or implement of husbandry.
799
(d) A truck having a gross vehicle weight rating of more
800
than 26,000 of net weight of more than 5,000 pounds.
801
(e) A motorcycle, moped, or bicycle.
802
Section 16. Section 316.645, Florida Statutes, is amended
803
to read:
804
316.645 Arrest authority of officer at scene of a traffic
805
crash.--A police officer who makes an investigation at the scene
806
of a traffic crash may arrest any driver of a vehicle involved in
807
the crash when, based upon personal investigation, the officer
808
has reasonable and probable grounds to believe that the person
809
has committed any offense under the provisions of this chapter,
810
chapter 320, or chapter 322 in connection with the crash.
811
Section 17. Subsections (1), (3), (4), (5), (6), and (7) of
812
section 316.650, Florida Statutes, are amended to read:
813
316.650 Traffic citations.--
814
(1)(a) The department shall prepare, and supply to every
815
traffic enforcement agency in this state, an appropriate form
816
traffic citation that contains containing a notice to appear, is
817
(which shall be issued in prenumbered books, meets with citations
818
in quintuplicate) and meeting the requirements of this chapter or
819
any laws of this state regulating traffic, and is which form
820
shall be consistent with the state traffic court rules and the
821
procedures established by the department. The form shall include
822
a box that which is to be checked by the law enforcement officer
823
when the officer believes that the traffic violation or crash was
824
due to aggressive careless driving as defined in s. 316.1923. The
825
form shall also include a box that which is to be checked by the
826
law enforcement officer when the officer writes a uniform traffic
828
as a result of the driver failing to stop at a traffic signal.
829
(b) The department shall prepare, and supply to every
830
traffic enforcement agency in the state, an appropriate
831
affidavit-of-compliance form that which shall be issued along
832
with the form traffic citation for any violation of s. 316.610
833
and that indicates which shall indicate the specific defect
834
needing which needs to be corrected. However, such affidavit of
835
compliance shall not be issued in the case of a violation of s.
836
316.610 by a commercial motor vehicle as defined in s.
837
316.003(66). Such affidavit-of-compliance form shall be
838
distributed in the same manner and to the same parties as is the
839
form traffic citation.
840
(c) Notwithstanding paragraphs (a) and (b), a traffic
841
enforcement agency may produce uniform traffic citations by
842
electronic means. Such citations must be consistent with the
843
state traffic court rules and the procedures established by the
844
department and; must be appropriately numbered and inventoried;
845
and may have fewer copies than the quintuplicate form. Affidavit-
846
of-compliance forms may also be produced by electronic means.
847
(d) The department must distribute to every traffic
848
enforcement agency and to any others who request it, a traffic
849
infraction reference guide describing the class of the traffic
850
infraction, the penalty for the infraction, the points to be
851
assessed on a driver's record license, and any other information
852
necessary to describe a violation and the penalties therefor.
853
(3)(a) Except for a traffic citation issued pursuant to s.
854
316.1001, each traffic enforcement officer, upon issuing a
855
traffic citation to an alleged violator of any provision of the
856
motor vehicle laws of this state or of any traffic ordinance of
857
any municipality city or town, shall deposit the original and one
858
copy of such traffic citation or, in the case of a traffic
859
enforcement agency that which has an automated citation issuance
860
system, the chief administrative officer shall provide by an
861
electronic transmission a replica of the citation data to
862
facsimile with a court having jurisdiction over the alleged
863
offense or with its traffic violations bureau within 5 days after
864
issuance to the violator.
865
(b) If a traffic citation is issued pursuant to s.
866
316.1001, a traffic enforcement officer may deposit the original
867
and one copy of such traffic citation or, in the case of a
868
traffic enforcement agency that has an automated citation system,
869
may provide by an electronic transmission a replica of the
870
citation data to facsimile with a court having jurisdiction over
871
the alleged offense or with its traffic violations bureau within
872
45 days after the date of issuance of the citation to the
873
violator. If the person cited for the violation of s. 316.1001
874
makes the election provided by s. 318.14(12) and pays the $25
875
fine, or such other amount as imposed by the governmental entity
876
owning the applicable toll facility, plus the amount of the
877
unpaid toll that is shown on the traffic citation directly to the
878
governmental entity that issued the citation, or on whose behalf
879
the citation was issued, in accordance with s. 318.14(12), the
880
traffic citation will not be submitted to the court, the
881
disposition will be reported to the department by the
882
governmental entity that issued the citation, or on whose behalf
883
the citation was issued, and no points will be assessed against
884
the person's driver's license.
885
(4) The chief administrative officer of every traffic
886
enforcement agency shall require the return to him or her of the
887
officer-agency department record copy of every traffic citation
888
issued by an officer under the chief administrative officer's
889
supervision to an alleged violator of any traffic law or
890
ordinance and of all copies of every traffic citation that which
891
has been spoiled or upon which any entry has been made and not
892
issued to an alleged violator. In the case of a traffic
893
enforcement agency that which has an automated citation issuance
894
system, the chief administrative officer shall require the return
895
of all electronic traffic citation records.
896
(5) Upon the deposit of the original and one copy of such
897
traffic citation or upon deposit of an electronic transmission of
898
a replica of citation data facsimile of the traffic citation with
899
respect to traffic enforcement agencies that which have an
900
automated citation issuance system with a court having
901
jurisdiction over the alleged offense or with its traffic
902
violations bureau as aforesaid, the original citation, the
903
electronic citation containing a replica of citation data
904
facsimile, or a copy of such traffic citation may be disposed of
905
only by trial in the court or other official action by a judge of
906
the court, including forfeiture of the bail, or by the deposit of
907
sufficient bail with, or payment of a fine to, the traffic
908
violations bureau by the person to whom such traffic citation has
909
been issued by the traffic enforcement officer.
910
(6) The chief administrative officer shall transmit, on a
911
form approved by the department, the department record copy of
912
the uniform traffic citation to the department within 5 days
913
after submission of the original, groups of issued citations and
914
one copy to the court, or citation and transmittal data to the
915
court. Batches of electronic citations containing a replica of
916
citation data may be transmitted to the court department in an
917
electronic automated fashion, in a format form prescribed by the
918
department within 5 days after issuance to the violator. A copy
919
of such transmittal shall also be provided to the court having
920
jurisdiction for accountability purposes.
921
(7) The chief administrative officer shall also maintain or
922
cause to be maintained in connection with every traffic citation
923
issued by an officer under his or her supervision a record of the
924
disposition of the charge by the court or its traffic violations
925
bureau in which the original or copy of the traffic citation or
926
electronic citation was deposited.
927
Section 18. Paragraph (a) of subsection (2) of section
928
316.656, Florida Statutes, is amended to read:
929
316.656 Mandatory adjudication; prohibition against
930
accepting plea to lesser included offense.--
931
(2)(a) No trial judge may accept a plea of guilty to a
932
lesser offense from a person charged under the provisions of this
933
act who has been given a breath or blood test to determine blood
934
or breath alcohol content, the results of which show a blood or
935
breath alcohol content by weight of 0.15 0.20 percent or more.
936
Section 19. Subsection (9) of section 318.14, Florida
937
Statutes, is amended, and subsection (13) is added to that
938
section, to read:
939
318.14 Noncriminal traffic infractions; exception;
940
procedures.--
941
(9) Any person who does not hold a commercial driver's
942
license and who is cited for an infraction under this section
944
316.189 when the driver exceeds the posted limit by 30 miles per
947
appearance, elect to attend in the location of his or her choice
948
within this state a basic driver improvement course approved by
949
the Department of Highway Safety and Motor Vehicles. In such a
950
case, adjudication must be withheld; points, as provided by s.
951
322.27, may not be assessed; and the civil penalty that is
952
imposed by s. 318.18(3) must be reduced by 18 percent; however, a
953
person may not make an election under this subsection if the
954
person has made an election under this subsection in the
955
preceding 12 months. A person may make no more than five
956
elections within 10 years under this subsection. The requirement
957
for community service under s. 318.18(8) is not waived by a plea
958
of nolo contendere or by the withholding of adjudication of guilt
959
by a court.
960
(13)(a) A person cited for a violation of s. 316.1926
961
shall, in addition to any other requirements provided herein, pay
962
a fine of $1,000. This fine is in lieu of the fine required under
963
318.18(3)(b) if the person is cited for violation of s.
964
316.1926(2).
965
(b) A person cited for a second violation of s. 316.1926
966
shall, in addition to any other requirements provided herein, pay
967
a fine of $2,500. This fine is in lieu of the fine required under
968
s. 318.18(3)(b) if the person is cited for violation of s.
969
316.1926(2). In addition, the court shall revoke the person's
970
authorization and privilege to operate a motor vehicle for a
971
period of 1 year and order the person to surrender his or her
972
driver's license.
973
(c) A person cited for a third violation of s. 316.1926
974
commits a felony of the third degree, punishable as provided in
976
shall revoke the person's authorization and privilege to operate
977
a motor vehicle for a period of 10 years, and order the person to
978
surrender his or her driver's license.
979
Section 20. Section 318.195, Florida Statutes, is created
980
to read:
981
318.195 Enhanced penalties for moving violations causing
982
injury or death to motorcyclists.--
983
(1) A person who is convicted of a moving violation that
984
causes serious bodily injury, as defined in s. 316.1933(1)(b), to
985
another person on a motorcycle commits a misdemeanor of the
986
second degree, punishable as provided in s. 775.082 or s.
987
775.083, shall pay a fine of not less than $500, shall serve a
988
minimum of 30 days' imprisonment, and shall be required to attend
989
a driver improvement course. In addition, the court shall revoke
990
the person's driver's license for at least 30 days.
991
(2) A person who is convicted of a moving violation that
992
causes or contributes to causing the death of another person on a
993
motorcycle commits a misdemeanor of the first degree, punishable
995
least $1,000, shall serve a minimum term of 90 days'
996
imprisonment, and, in lieu of s. 322.0261, shall be required to
997
attend an advanced driver improvement course. In addition, the
998
court shall revoke the driver's license of a person so convicted
999
for 1 year.
1000
(3) This section does not prohibit a person from being
1001
charged with, convicted of, or punished for any other violation
1002
of law.
1003
Section 21. Subsection (12) is added to section 319.001,
1004
Florida Statutes, to read:
1005
319.001 Definitions.--As used in this chapter, the term:
1006
(12) "Certificate of title" means the record that is
1007
evidence of ownership of a vehicle, whether a paper certificate
1008
authorized by the department or a certificate consisting of
1009
information that is stored in an electronic form in the
1010
department's database.
1011
Section 22. Section 320.0706, Florida Statutes, is amended
1012
to read:
1013
320.0706 Display of license plates on trucks.--The owner of
1014
any commercial truck of gross vehicle weight of 26,001 pounds or
1015
more shall display the registration license plate on both the
1016
front and rear of the truck in conformance with all the
1017
requirements of s. 316.605 that do not conflict with this
1018
section. The owner of a dump truck may place the rear license
1019
plate on the gate no higher than 60 inches to allow for better
1020
visibility. However, the owner of a truck tractor shall be
1021
required to display the registration license plate only on the
1022
front of such vehicle. A violation of this section is a moving
1023
violation punishable as provided in chapter 318.
1024
Section 23. Subsection (4) of section 320.0715, Florida
1025
Statutes, is amended to read:
1026
320.0715 International Registration Plan; motor carrier
1027
services; permits; retention of records.--
1028
(4) Each motor carrier registered under the International
1029
Registration Plan shall maintain and keep, for a period of 4
1030
years, pertinent records and papers as may be required by the
1031
department for the reasonable administration of this chapter.
1032
(a) The department shall withhold the registration and
1033
license plate for a commercial motor vehicle unless the
1034
identifying number issued by the federal agency responsible for
1035
motor carrier safety is provided for the motor carrier and the
1036
entity responsible for motor carrier safety for each motor
1037
vehicle as part of the application process.
1038
(b) The department may not issue a commercial motor vehicle
1039
registration or license plate to, and may not transfer the
1040
commercial motor vehicle registration or license plate for, a
1041
motor carrier or vehicle owner who has been prohibited from
1042
operating by a federal or state agency responsible for motor
1043
carrier safety.
1044
(c) The department, with notice, shall suspend any
1045
commercial motor vehicle registration and license plate issued to
1046
a motor carrier or vehicle owner who has been prohibited from
1047
operating by a federal or state agency responsible for motor
1048
carrier safety.
1049
Section 24. Subsection (27) of section 320.01, Florida
1050
Statutes, is amended to read:
1051
320.01 Definitions, general.--As used in the Florida
1052
Statutes, except as otherwise provided, the term:
1053
(27) "Motorcycle" means any motor vehicle having a seat or
1054
saddle for the use of the rider and designed to travel on not
1055
more than three wheels in contact with the ground, but excluding
1056
a tractor, or a moped, or a vehicle where the operator is
1057
enclosed by a cabin.
1058
Section 25. Effective July 1, 2008, subsection (1) of
1059
section 320.02, Florida Statutes, as amended by section 28 of
1060
chapter 2006-290, Laws of Florida, is amended to read:
1061
(1) Except as otherwise provided in this chapter, every
1062
owner or person in charge of a motor vehicle that is operated or
1063
driven on the roads of this state shall register the vehicle in
1064
this state. The owner or person in charge shall apply to the
1065
department or to its authorized agent for registration of each
1066
such vehicle on a form prescribed by the department. Prior to the
1067
original registration of a motorcycle, motor-driven cycle, or
1068
moped, the owner, if a natural person, must present proof that he
1069
or she has a valid motorcycle endorsement as required in chapter
1070
322. A registration is not required for any motor vehicle that is
1071
not operated on the roads of this state during the registration
1072
period.
1073
Section 26. Subsection (13) of section 320.02, Florida
1074
Statutes, is repealed.
1075
Section 27. Subsection (3) of section 320.08053, Florida
1076
Statutes, is repealed.
1077
Section 28. Paragraph (a) of subsection (4) of section
1078
320.0894, Florida Statutes, is amended to read:
1079
320.0894 Motor vehicle license plates to Gold Star family
1080
members.--The department shall develop a special license plate
1081
honoring the family members of servicemembers who have been
1082
killed while serving in the Armed Forces of the United States.
1083
The license plate shall be officially designated as the Gold Star
1084
license plate and shall be developed and issued as provided in
1085
this section.
1086
(4)(a)1.a. The Gold Star license plate shall be issued only
1087
to family members of a servicemember who resided in Florida at
1088
the time of the death of the servicemember.
1089
b. Any family member, as defined in subparagraph 2., of a
1090
servicemember killed while serving may be issued a Gold Star
1091
license plate upon payment of the license tax and appropriate
1092
fees as provided in paragraph (3)(a) without regard to the state
1093
of residence of the servicemember.
1094
2. To qualify for issuance of a Gold Star license plate,
1095
the applicant must be directly related to a fallen servicemember
1096
as spouse, legal mother or father, or stepparent who is currently
1097
married to the mother or father of the fallen servicemember.
1098
3. A servicemember is deemed to have been killed while in
1099
service as listed by the United States Department of Defense and
1100
may be verified from documentation directly from the Department
1101
of Defense or from its subordinate agencies, such as the Coast
1102
Guard, Reserve, or National Guard.
1103
Section 29. Subsection (3) of section 320.27, Florida
1104
Statutes, is amended to read:
1105
320.27 Motor vehicle dealers.--
1106
(3) APPLICATION AND FEE.--The application for the license
1107
shall be in such form as may be prescribed by the department and
1108
shall be subject to such rules with respect thereto as may be so
1109
prescribed by it. Such application shall be verified by oath or
1110
affirmation and shall contain a full statement of the name and
1111
birth date of the person or persons applying therefor; the name
1112
of the firm or copartnership, with the names and places of
1113
residence of all members thereof, if such applicant is a firm or
1114
copartnership; the names and places of residence of the principal
1115
officers, if the applicant is a body corporate or other
1116
artificial body; the name of the state under whose laws the
1117
corporation is organized; the present and former place or places
1118
of residence of the applicant; and prior business in which the
1119
applicant has been engaged and the location thereof. Such
1120
application shall describe the exact location of the place of
1121
business and shall state whether the place of business is owned
1122
by the applicant and when acquired, or, if leased, a true copy of
1123
the lease shall be attached to the application. The applicant
1124
shall certify that the location provides an adequately equipped
1125
office and is not a residence; that the location affords
1126
sufficient unoccupied space upon and within which adequately to
1127
store all motor vehicles offered and displayed for sale; and that
1128
the location is a suitable place where the applicant can in good
1129
faith carry on such business and keep and maintain books,
1130
records, and files necessary to conduct such business, which will
1131
be available at all reasonable hours to inspection by the
1132
department or any of its inspectors or other employees. The
1133
applicant shall certify that the business of a motor vehicle
1134
dealer is the principal business which shall be conducted at that
1135
location. Such application shall contain a statement that the
1136
applicant is either franchised by a manufacturer of motor
1137
vehicles, in which case the name of each motor vehicle that the
1138
applicant is franchised to sell shall be included, or an
1139
independent (nonfranchised) motor vehicle dealer. Such
1140
application shall contain such other relevant information as may
1141
be required by the department, including evidence that the
1142
applicant is insured under a garage liability insurance policy or
1143
a general liability insurance policy coupled with a business
1144
automobile policy, which shall include, at a minimum, $25,000
1145
combined single-limit liability coverage including bodily injury
1146
and property damage protection and $10,000 personal injury
1147
protection. Franchise dealers must submit a garage liability
1148
insurance policy, and all other dealers must submit a garage
1149
liability insurance policy or a general liability insurance
1150
policy coupled with a business automobile policy. Such policy
1151
shall be for the license period, and evidence of a new or
1152
continued policy shall be delivered to the department at the
1153
beginning of each license period. Upon making such initial
1154
application, the applicant person applying therefor shall pay to
1155
the department a fee of $300 in addition to any other fees now
1156
required by law; upon making a subsequent renewal application,
1157
the applicant person applying therefor shall pay to the
1158
department a fee of $75 in addition to any other fees now
1159
required by law. Upon making an application for a change of
1160
location, the person shall pay a fee of $50 in addition to any
1161
other fees now required by law. The department shall, in the case
1162
of every application for initial licensure, verify whether
1163
certain facts set forth in the application are true. Each
1164
applicant, general partner in the case of a partnership, or
1165
corporate officer and director in the case of a corporate
1166
applicant, must file a set of fingerprints with the department
1167
for the purpose of determining any prior criminal record or any
1168
outstanding warrants. The department shall submit the
1169
fingerprints to the Department of Law Enforcement for state
1170
processing and forwarding to the Federal Bureau of Investigation
1171
for federal processing. The actual cost of such state and federal
1172
processing shall be borne by the applicant and is to be in
1173
addition to the fee for licensure. The department may issue a
1174
license to an applicant pending the results of the fingerprint
1175
investigation, which license is fully revocable if the department
1176
subsequently determines that any facts set forth in the
1177
application are not true or correctly represented.
1178
Section 30. Section 320.69, Florida Statutes, is amended to
1179
read:
1180
320.69 Rules.--The department has authority to adopt rules
1182
320.70, including the authority to adopt definitions as necessary
1183
the provisions of this law.
1184
Section 31. Section 321.26, Florida Statutes, is created to
1185
read:
1186
321.26 Joseph P. Bertrand Building designation.--
1187
(1) The regional transportation management center in Fort
1188
Myers is designated the "Joseph P. Bertrand Building."
1189
(2) The Department of Highway Safety and Motor Vehicles may
1190
erect suitable markers designating the "Joseph P. Bertrand
1191
Building" described in subsection (1).
1192
Section 32. Present subsections (10) through (44) of
1193
section 322.01, Florida Statutes, are redesignated as subsections
1194
(11) through (45), respectively, a new subsection (10) is added
1195
to that section, and present subsections (10), (23), and (29) of
1196
that section are amended, to read:
1197
322.01 Definitions.--As used in this chapter:
1198
(10) "Convenience service" means any means whereby an
1199
individual conducts a transaction with the department other than
1200
in person.
1201
(11)(10)(a) "Conviction" means a conviction of an offense
1202
relating to the operation of motor vehicles on highways which is
1203
a violation of this chapter or any other such law of this state
1204
or any other state, including an admission or determination of a
1205
noncriminal traffic infraction pursuant to s. 318.14, or a
1206
judicial disposition of an offense committed under any federal
1207
law substantially conforming to the aforesaid state statutory
1208
provisions.
1209
(b) Notwithstanding any other provisions of this chapter,
1210
the definition of "conviction" provided in 49 C.F.R. part 383.5
1211
applies to offenses committed in a commercial motor vehicle or by
1212
a person holding a commercial driver license.
1213
(24)(23) "Hazardous materials" means any material that has
1214
been designated as hazardous under 49 U.S.C. 5103 and is required
1215
to be placarded under subpart F of 49 C.F.R. part 172 or any
1216
quantity of a material listed as a select agent or toxin in 42
1217
C.F.R. part 73 has the meaning such term has under s. 103 of the
1218
Hazardous Materials Transportation Act.
1219
(30)(29) "Out-of-service order" means a prohibition issued
1220
by an authorized local, state, or Federal Government official
1221
which precludes a person from driving a commercial motor vehicle
1222
for a period of 72 hours or less.
1223
Section 33. Effective July 1, 2008, subsection (5) of
1224
section 322.0255, Florida Statutes, is amended to read:
1225
322.0255 Florida Motorcycle Safety Education Program.--
1226
(5) The only organizations that are eligible for
1227
reimbursement are organizations that executed a contract on or
1228
after July 1, 2008. This reimbursement shall continue for 12
1229
months following the execution of the organization's contract.
1230
The department shall, subject to the availability of funds,
1231
reimburse each organization that provides an approved motorcycle
1232
safety education course for each student who begins the on-cycle
1233
portion of the course. This shall include any student not
1234
required to attend a motorcycle safety education course prior to
1235
licensure as required in s. 322.12. The amount to be reimbursed
1236
per student to each course provider shall be determined by the
1237
department. In order to facilitate such determination, each
1238
course provider shall be required to submit proof satisfactory to
1239
the department of the expected cost per student to be incurred by
1240
such course provider. In no event shall the amount to be
1241
reimbursed per student to any course provider exceed the expected
1242
cost per student. In addition to the amount of any reimbursement,
1243
each course provider that conducts such a course may charge each
1244
student a tuition fee sufficient to defray the cost of conducting
1245
the course. The department shall fund the payments required under
1246
this subsection from the motorcycle safety education fee, as
1248
Section 34. Subsection (1) of section 322.03, Florida
1249
Statutes, is amended to read:
1250
322.03 Drivers must be licensed; penalties.--
1251
(1) Except as otherwise authorized in this chapter, a
1252
person may not drive any motor vehicle upon a highway in this
1253
state unless such person has a valid driver's license under the
1254
provisions of this chapter.
1255
(a) A person who drives a commercial motor vehicle shall
1256
not receive a driver's license unless and until he or she
1257
surrenders to the department all driver's licenses in his or her
1258
possession issued to him or her by any other jurisdiction or
1259
makes an affidavit that he or she does not possess a driver's
1260
license. Any such person who fails to surrender such licenses or
1261
who makes a false affidavit concerning such licenses is guilty of
1262
a misdemeanor of the first degree, punishable as provided in s.
1264
(b) A person who does not drive a commercial motor vehicle
1265
is not required to surrender a license issued by another
1266
jurisdiction, upon a showing to the department that such license
1267
is necessary because of employment or part-time residence. Any
1268
person who retains a driver's license because of employment or
1269
part-time residence shall, upon qualifying for a license in this
1270
state, be issued a driver's license which shall be valid within
1271
this state only. All surrendered licenses may be returned by the
1272
department to the issuing jurisdiction together with information
1273
that the licensee is now licensed in a new jurisdiction or may be
1274
destroyed by the department, which shall notify the issuing
1275
jurisdiction of such destruction. A person may not have more than
1276
one valid Florida driver's license at any time.
1277
(c) A part-time resident issued a license pursuant to
1278
paragraph (b) may continue to hold such license until the next
1279
regularly scheduled renewal. Licenses that are identified as
1280
"Valid in Florida only" may not be issued or renewed effective
1281
July 1, 2009. This paragraph expires June 30, 2017.
1282
Section 35. Subsections (1) and (2) of section 322.051,
1283
Florida Statutes, are amended to read:
1284
322.051 Identification cards.--
1285
(1) Any person who is 5 years of age or older, or any
1286
person who has a disability, regardless of age, who applies for a
1287
disabled parking permit under s. 320.0848, may be issued an
1288
identification card by the department upon completion of an
1289
application and payment of an application fee.
1290
(a) Each such application shall include the following
1291
information regarding the applicant:
1292
1. Full name (first, middle or maiden, and last), gender,
1293
proof of social security card number satisfactory to the
1294
department, county of residence, and mailing address, proof of
1295
residential address satisfactory to the department, country of
1296
birth, and a brief description.
1297
2. Proof of birth date satisfactory to the department.
1298
3. Proof of identity satisfactory to the department. Such
1299
proof must include one of the following documents issued to the
1300
applicant:
1301
a. A driver's license record or identification card record
1302
from another jurisdiction that required the applicant to submit a
1303
document for identification which is substantially similar to a
1304
document required under sub-subparagraph b., sub-subparagraph c.,
1305
sub-subparagraph d., sub-subparagraph e., sub-subparagraph f., or
1306
sub-subparagraph g., or sub-subparagraph h.;
1307
b. A certified copy of a United States birth certificate;
1308
c. A valid, unexpired United States passport;
1309
d. A naturalization certificate issued by the United States
1310
Department of Homeland Security;
1311
e. A valid, unexpired An alien registration receipt card
1312
(green card);
1313
f. Consular Report of Birth Abroad provided by the United
1314
States Department of State;
1315
g.f. An unexpired employment authorization card issued by
1316
the United States Department of Homeland Security; or
1317
h.g. Proof of nonimmigrant classification provided by the
1318
United States Department of Homeland Security, for an original
1319
identification card. In order to prove such nonimmigrant
1320
classification, applicants may produce but are not limited to the
1321
following documents:
1322
(I) A notice of hearing from an immigration court
1323
scheduling a hearing on any proceeding.
1324
(II) A notice from the Board of Immigration Appeals
1325
acknowledging pendency of an appeal.
1326
(III) Notice of the approval of an application for
1327
adjustment of status issued by the United States Bureau of
1328
Citizenship and Immigration Services.
1329
(IV) Any official documentation confirming the filing of a
1330
petition for asylum or refugee status or any other relief issued
1331
by the United States Bureau of Citizenship and Immigration
1332
Services.
1333
(V) Notice of action transferring any pending matter from
1334
another jurisdiction to Florida, issued by the United States
1335
Bureau of Citizenship and Immigration Services.
1336
(VI) Order of an immigration judge or immigration officer
1337
granting any relief that authorizes the alien to live and work in
1338
the United States including, but not limited to asylum.
1339
(VII) Evidence that an application is pending for
1340
adjustment of status to that of an alien lawfully admitted for
1341
permanent residence in the United States or conditional permanent
1342
resident status in the United States, if a visa number is
1343
available having a current priority date for processing by the
1344
United States Bureau of Citizenship and Immigration Services.
1345
(VIII) On or after January 1, 2010, an unexpired foreign
1346
passport with an unexpired United States Visa affixed,
1347
accompanied by an approved I-94, documenting the most recent
1348
admittance into the United States.
1349
1350
Presentation of any of the documents described in sub-
1351
subparagraph g. f. or sub-subparagraph h. g. entitles the
1352
applicant to an identification card for a period not to exceed
1353
the expiration date of the document presented or 1 year,
1354
whichever first occurs.
1355
(b) An application for an identification card must be
1356
signed and verified by the applicant in a format designated by
1357
the department before a person authorized to administer oaths and
1358
payment of the applicable fee pursuant to s. 322.21. The fee for
1359
an identification card is $3, including payment for the color
1360
photograph or digital image of the applicant.
1361
(c) Each such applicant may include fingerprints and any
1362
other unique biometric means of identity.
1363
(2)(a) Every identification card:
1364
1. Issued to a person 5 years of age to 14 years of age
1365
shall expire, unless canceled earlier, on the fourth birthday of
1366
the applicant following the date of original issue.
1367
2. Issued to a person 15 years of age and older shall
1368
expire, unless canceled earlier, on the eighth birthday of the
1369
applicant following the date of original issue.
1370
1371
Renewal of an identification card shall be made for the
1372
applicable term enumerated in this paragraph. However, if an
1373
individual is 60 years of age or older, and has an identification
1374
card issued under this section, the card shall not expire unless
1375
done so by cancellation by the department or by the death of the
1376
cardholder. Renewal of any identification card shall be made for
1377
a term which shall expire on the fourth birthday of the applicant
1378
following expiration of the identification card renewed, unless
1379
surrendered earlier. Any application for renewal received later
1380
than 90 days after expiration of the identification card shall be
1381
considered the same as an application for an original
1382
identification card. The renewal fee for an identification card
1383
shall be $10, of which $4 shall be deposited into the General
1384
Revenue Fund and $6 into the Highway Safety Operating Trust Fund.
1385
The department shall, at the end of 4 years and 6 months after
1386
the issuance or renewal of an identification card, destroy any
1387
record of the card if it has expired and has not been renewed,
1388
unless the cardholder is 60 years of age or older.
1389
(b) Notwithstanding any other provision of this chapter, if
1390
an applicant establishes his or her identity for an
1391
identification card using a document authorized under sub-
1392
subparagraph (1)(a)3.e., the identification card shall expire on
1393
the eighth fourth birthday of the applicant following the date of
1394
original issue or upon first renewal or duplicate issued after
1395
implementation of this section. After an initial showing of such
1396
documentation, he or she is exempted from having to renew or
1397
obtain a duplicate in person.
1398
(c) Notwithstanding any other provisions of this chapter,
1399
if an applicant establishes his or her identity for an
1400
identification card using an identification document authorized
1401
under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
1402
(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
1403
year 2 years after the date of issuance or upon the expiration
1404
date cited on the United States Department of Homeland Security
1405
documents, whichever date first occurs, and may not be renewed or
1406
obtain a duplicate except in person.
1407
Section 36. Subsections (1), (2), and (6) of section
1408
322.08, Florida Statutes, are amended to read:
1409
322.08 Application for license.--
1410
(1) Each application for a driver's license shall be made
1411
in a format designated by the department and sworn to or affirmed
1412
by the applicant as to the truth of the statements made in the
1413
application.
1414
(2) Each such application shall include the following
1415
information regarding the applicant:
1416
(a) Full name (first, middle or maiden, and last), gender,
1417
proof of social security card number satisfactory to the
1418
department, county of residence, and mailing address, proof of
1419
residential address satisfactory to the department, country of
1420
birth, and a brief description.
1421
(b) Proof of birth date satisfactory to the department.
1422
(c) Proof of identity satisfactory to the department. Such
1423
proof must include one of the following documents issued to the
1424
applicant:
1425
1. A driver's license record or identification card record
1426
from another jurisdiction that required the applicant to submit a
1427
document for identification which is substantially similar to a
1428
document required under subparagraph 2., subparagraph 3.,
1429
subparagraph 4., subparagraph 5., subparagraph 6., or
1430
subparagraph 7., or subparagraph 8.;
1431
2. A certified copy of a United States birth certificate;
1432
3. A valid, unexpired United States passport;
1433
4. A naturalization certificate issued by the United States
1434
Department of Homeland Security;
1435
5. A valid, unexpired An alien registration receipt card
1436
(green card);
1437
6. Consular Report of Birth Abroad provided by the United
1438
States Department of State;
1439
7.6. An unexpired employment authorization card issued by
1440
the United States Department of Homeland Security; or
1441
8.7. Proof of nonimmigrant classification provided by the
1442
United States Department of Homeland Security, for an original
1443
driver's license. In order to prove nonimmigrant classification,
1444
an applicant may produce the following documents, including, but
1445
not limited to:
1446
a. A notice of hearing from an immigration court scheduling
1447
a hearing on any proceeding.
1448
b. A notice from the Board of Immigration Appeals
1449
acknowledging pendency of an appeal.
1450
c. A notice of the approval of an application for
1451
adjustment of status issued by the United States Bureau of
1452
Citizenship and Immigration Services.
1453
d. Any official documentation confirming the filing of a
1454
petition for asylum or refugee status or any other relief issued
1455
by the United States Bureau of Citizenship and Immigration
1456
Services.
1457
e. A notice of action transferring any pending matter from
1458
another jurisdiction to this state issued by the United States
1459
Bureau of Citizenship and Immigration Services.
1460
f. An order of an immigration judge or immigration officer
1461
granting any relief that authorizes the alien to live and work in
1462
the United States, including, but not limited to, asylum.
1463
g. Evidence that an application is pending for adjustment
1464
of status to that of an alien lawfully admitted for permanent
1465
residence in the United States or conditional permanent resident
1466
status in the United States, if a visa number is available having
1467
a current priority date for processing by the United States
1468
Bureau of Citizenship and Immigration Services.
1469
h. On or after January 1, 2010, an unexpired foreign
1470
passport with an unexpired United States Visa affixed,
1471
accompanied by an approved I-94, documenting the most recent
1472
admittance into the United States.
1473
1474
Presentation of any of the documents in subparagraph 7. 6. or
1475
subparagraph 8. 7. entitles the applicant to a driver's license
1476
or temporary permit for a period not to exceed the expiration
1477
date of the document presented or 1 year, whichever occurs first.
1478
(d) Whether the applicant has previously been licensed to
1479
drive, and, if so, when and by what state, and whether any such
1480
license or driving privilege has ever been disqualified, revoked,
1481
or suspended, or whether an application has ever been refused,
1482
and, if so, the date of and reason for such disqualification,
1483
suspension, revocation, or refusal.
1484
(e) Each such application may include fingerprints and
1485
other unique biometric means of identity.
1486
(6) The application form for a driver's license or
1487
duplicate thereof shall include language permitting the
1488
following:
1489
(a) A voluntary contribution of $5 per applicant, which
1490
contribution shall be transferred into the Election Campaign
1491
Financing Trust Fund.
1492
(a)(b) A voluntary contribution of $1 per applicant, which
1493
contribution shall be deposited into the Florida Organ and Tissue
1494
Donor Education and Procurement Trust Fund for organ and tissue
1495
donor education and for maintaining the organ and tissue donor
1496
registry.
1497
(b)(c) A voluntary contribution of $1 per applicant, which
1498
contribution shall be distributed to the Florida Council of the
1499
Blind.
1500
(c)(d) A voluntary contribution of $2 per applicant, which
1501
shall be distributed to the Hearing Research Institute,
1502
Incorporated.
1503
(d)(e) A voluntary contribution of $1 per applicant, which
1504
shall be distributed to the Juvenile Diabetes Foundation
1505
International.
1506
(e)(f) A voluntary contribution of $1 per applicant, which
1507
shall be distributed to the Children's Hearing Help Fund.
1508
1509
A statement providing an explanation of the purpose of the trust
1510
funds shall also be included. For the purpose of applying the
1511
service charge provided in s. 215.20, contributions received
1512
under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
1513
and under s. 322.18(9)(a) are not income of a revenue nature.
1514
Section 37. Paragraph (a) of subsection (1) of section
1515
322.14, Florida Statutes, is amended to read:
1516
322.14 Licenses issued to drivers.--
1517
(1)(a) The department shall, upon successful completion of
1518
all required examinations and payment of the required fee, issue
1519
to every applicant qualifying therefor, a driver's license as
1520
applied for, which license shall bear thereon a color photograph
1521
or digital image of the licensee; the name of the state; a
1522
distinguishing number assigned to the licensee; and the
1523
licensee's full name, date of birth, and residence mailing
1524
address; a brief description of the licensee, including, but not
1525
limited to, the licensee's gender and height; and the dates of
1526
issuance and expiration of the license. A space shall be provided
1527
upon which the licensee shall affix his or her usual signature.
1528
No license shall be valid until it has been so signed by the
1529
licensee except that the signature of said licensee shall not be
1530
required if it appears thereon in facsimile or if the licensee is
1531
not present within the state at the time of issuance. Applicants
1532
qualifying to receive a Class A, Class B, or Class C driver's
1533
license must appear in person within the state for issuance of a
1534
color photographic or digital imaged driver's license pursuant to
1535
s. 322.142.
1536
Section 38. Section 322.15, Florida Statutes, is amended to
1537
read:
1538
322.15 License to be carried and exhibited on demand;
1539
fingerprint to be imprinted upon a citation.--
1540
(1) Every licensee shall have his or her driver's license,
1541
which must be fully legible with no portion of such license
1542
faded, altered, mutilated, or defaced, in his or her immediate
1543
possession at all times when operating a motor vehicle and shall
1544
display the same upon the demand of a law enforcement officer or
1545
an authorized representative of the department.
1546
(2) Upon the failure of any person to display a driver's
1547
license as required by subsection (1), the law enforcement
1548
officer or authorized representative of the department stopping
1549
the person shall require the person to imprint his or her
1550
fingerprints fingerprint upon any citation issued by the officer
1551
or authorized representative, or the officer or authorized
1552
representative shall collect the fingerprints electronically.
1553
(3) In relation to violations of subsection (1) or s.
1554
322.03(5), persons who cannot supply proof of a valid driver's
1555
license for the reason that the license was suspended for failure
1556
to comply with that citation shall be issued a suspension
1557
clearance by the clerk of the court for that citation upon
1558
payment of the applicable penalty and fee for that citation. If
1559
proof of a valid driver's license is not provided to the clerk of
1560
the court within 30 days, the person's driver's license shall
1561
again be suspended for failure to comply.
1562
(4) A violation of subsection (1) is a noncriminal traffic
1563
infraction, punishable as a nonmoving violation as provided in
1564
chapter 318.
1565
Section 39. Section 322.17, Florida Statutes, is amended to
1566
read:
1567
322.17 Replacement licenses and permits Duplicate and
1568
replacement certificates.--
1569
(1)(a) In the event that an instruction permit or driver's
1570
license issued under the provisions of this chapter is lost or
1571
destroyed, the person to whom the same was issued may, upon
1572
payment of the appropriate fee pursuant to s. 322.21 $10, obtain
1573
a replacement duplicate, or substitute thereof, upon furnishing
1574
proof satisfactory to the department that such permit or license
1575
has been lost or destroyed, and further furnishing the full name,
1576
date of birth, sex, residence and mailing address, proof of birth
1577
satisfactory to the department, and proof of identity
1578
satisfactory to the department. Five dollars of the fee levied in
1579
this paragraph shall go to the Highway Safety Operating Trust
1580
Fund of the department.
1581
(b) In the event that an instruction permit or driver's
1582
license issued under the provisions of this chapter is stolen,
1583
the person to whom the same was issued may, at no charge, obtain
1584
a replacement duplicate, or substitute thereof, upon furnishing
1585
proof satisfactory to the department that such permit or license
1586
was stolen and further furnishing the full name, date of birth,
1587
sex, residence and mailing address, proof of birth satisfactory
1588
to the department, and proof of identity satisfactory to the
1589
department.
1590
(2) Upon the surrender of the original license and the
1591
payment of the appropriate fees pursuant to s. 322.21 a $10
1592
replacement fee, the department shall issue a replacement license
1593
to make a change in name, address, or restrictions. Upon written
1594
request by the licensee and notification of a change in address,
1595
and the payment of a $10 fee, the department shall issue an
1596
address sticker which shall be affixed to the back of the license
1597
by the licensee. Nine dollars of the fee levied in this
1598
subsection shall go to the Highway Safety Operating Trust Fund of
1599
the department.
1600
(3) Notwithstanding any other provisions of this chapter,
1601
if a licensee establishes his or her identity for a driver's
1602
license using an identification document authorized under s.
1604
not obtain a duplicate or replacement instruction permit or
1605
driver's license except in person and upon submission of an
1606
identification document authorized under s. 322.08(2)(c)7. or 8.
1607
s. 322.08(2)(c)6. or 7.
1608
Section 40. Section 322.18, Florida Statutes, is amended to
1609
read:
1610
322.18 Original applications, licenses, and renewals;
1611
expiration of licenses; delinquent licenses.--
1612
(1)(a) Except as provided in paragraph (b), the department
1613
may issue an original driver's license only after the applicant
1614
successfully passes the required examinations and presents the
1615
application to the department.
1616
(b) The department may waive the driver's license
1617
examination requirement if the applicant is otherwise qualified
1618
and surrenders a valid license issued by another state, a
1619
province of Canada, or the United States Armed Forces which is of
1620
an equal or lesser classification as provided in s. 322.12.
1621
(2) Each applicant who is entitled to the issuance of a
1622
driver's license, as provided in this section, shall be issued a
1623
driver's license, as follows:
1624
(a) An applicant who has not attained 80 years of age
1625
applying for an original issuance shall be issued a driver's
1626
license that which expires at midnight on the licensee's birthday
1627
which next occurs on or after the eighth sixth anniversary of the
1628
date of issue. An applicant who is at least 80 years of age
1629
applying for an original issuance shall be issued a driver's
1630
license that expires at midnight on the licensee's birthday that
1631
next occurs on or after the sixth anniversary of the date of
1632
issue.
1633
(b) An applicant who has not attained 80 years of age
1634
applying for a renewal issuance or renewal extension shall be
1635
issued a driver's license that or renewal extension sticker which
1636
expires at midnight on the licensee's birthday that which next
1637
occurs 8 4 years after the month of expiration of the license
1638
being renewed, except that a driver whose driving record reflects
1639
no convictions for the preceding 3 years shall be issued a
1640
driver's license or renewal extension sticker which expires at
1641
midnight on the licensee's birthday which next occurs 6 years
1642
after the month of expiration of the license being renewed. An
1643
applicant who is at least 80 years of age applying for a renewal
1644
issuance shall be issued a driver's license that expires at
1645
midnight on the licensee's birthday that next occurs 6 years
1646
after the month of expiration of the license being renewed.
1647
(c) Notwithstanding any other provision of this chapter, if
1648
an applicant establishes his or her identity for a driver's
1649
license using a document authorized under s. 322.08(2)(c)5., the
1650
driver's license shall expire in accordance with paragraph (b).
1651
After an initial showing of such documentation, he or she is
1652
exempted from having to renew or obtain a duplicate in person.
1653
(d) Notwithstanding any other provision of this chapter, if
1654
an applicant establishes his or her identity for a driver's
1655
license using a document authorized in s. 322.08(2)(c)7. or 8. s.
1656
322.08(2)(c)6. or 7., the driver's license shall expire 1 year 2
1657
years after the date of issuance or upon the expiration date
1658
cited on the United States Department of Homeland Security
1659
documents, whichever date first occurs.
1660
(e) Notwithstanding any other provision of this chapter, an
1661
applicant applying for an original or renewal issuance of a
1662
commercial driver's license as defined in s. 322.01(7), with a
1663
hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
1664
shall be issued a driver's license that expires at midnight on
1665
the licensee's birthday that next occurs 4 years after the month
1666
of expiration of the license being issued or renewed.
1667
(3) If a license expires on a Saturday, Sunday, or legal
1668
holiday, it shall be valid until midnight of the next regular
1669
working day and may be renewed on that day without payment of a
1670
delinquent fee.
1671
(4)(a) Except as otherwise provided in this chapter, all
1672
licenses shall be renewable every 8 4 years or 6 years, depending
1673
upon the terms of issuance and shall be issued or renewed
1674
extended upon application, payment of the fees required by s.
1675
322.21, and successful passage of any required examination,
1676
unless the department has reason to believe that the licensee is
1677
no longer qualified to receive a license.
1678
(b) Notwithstanding any other provision of this chapter, if
1679
an applicant establishes his or her identity for a driver's
1680
license using a document authorized under s. 322.08(2)(c)5., the
1681
license, upon an initial showing of such documentation, is
1682
exempted from having to renew or obtain a duplicate in person,
1683
unless the renewal or duplication coincides with the periodic
1684
reexamination of a driver as required pursuant to s. 322.121.
1685
(c) Notwithstanding any other provision of this chapter, if
1686
a licensee establishes his or her identity for a driver's license
1687
using an identification document authorized under s.
1689
not renew the driver's license except in person and upon
1690
submission of an identification document authorized under s.
1692
renewed under this paragraph expires 1 year 4 years after the
1693
date of issuance or upon the expiration date cited on the United
1694
States Department of Homeland Security documents, whichever date
1695
first occurs.
1696
(5) All renewal driver's licenses may be issued after the
1697
applicant licensee has been determined to be eligible by the
1698
department.
1699
(a) A licensee who is otherwise eligible for renewal and
1700
who is at least 80 over 79 years of age:
1701
1. Must submit to and pass a vision test administered at
1702
any driver's license office; or
1703
2. If the licensee applies for a renewal using a
1704
convenience service an extension by mail as provided in
1705
subsection (8), he or she must submit to a vision test
1706
administered by a physician licensed under chapter 458 or chapter
1707
459, or an optometrist licensed under chapter 463, must send the
1708
results of that test to the department on a form obtained from
1709
the department and signed by such health care practitioner, and
1710
must meet vision standards that are equivalent to the standards
1711
for passing the departmental vision test. The physician or
1712
optometrist may submit the results of a vision test by a
1713
department-approved electronic means.
1714
(b) A licensee who is at least 80 over 79 years of age may
1715
not submit an application for renewal extension under subsection
1716
(8) by a convenience service electronic or telephonic means,
1717
unless the results of a vision test have been electronically
1718
submitted in advance by the physician or optometrist.
1719
(6) If the licensee does not receive a renewal notice, the
1720
licensee or applicant may apply to the department, under oath, at
1721
any driver's license examining office. Such application shall be
1722
on a form prepared and furnished by the department. The
1723
department shall make such forms available to the various
1724
examining offices throughout the state. Upon receipt of such
1725
application, the department shall issue a license or temporary
1726
permit to the applicant or shall advise the applicant that no
1727
license or temporary permit will be issued and advise the
1728
applicant of the reason for his or her ineligibility.
1729
(7) An expired Florida driver's license may be renewed any
1730
time within 12 months after the expiration date, with
1731
reexamination, if required, upon payment of the required
1732
delinquent fee or taking and passing the written examination. If
1733
the final date upon which a license may be renewed under this
1734
section falls upon a Saturday, Sunday, or legal holiday, the
1735
renewal period shall be extended to midnight of the next regular
1736
working day. The department may refuse to issue any license if:
1737
(a) It has reason to believe the licensee is no longer
1738
qualified to receive a license.
1739
(b) Its records reflect that the applicant's driving
1740
privilege is under suspension or revocation.
1741
(8) The department shall issue 8-year renewals using a
1742
convenience service 4-year and 6-year license extensions by mail,
1743
electronic, or telephonic means without reexamination to drivers
1744
who have not attained 80 years of age. The department shall issue
1745
6-year renewals using a convenience service when the applicant
1746
has satisfied the requirements of subsection (5).
1747
(a) If the department determines from its records that the
1748
holder of a license about to expire is eligible for renewal, the
1749
department shall mail a renewal notice to the licensee at his or
1750
her last known address, not less than 30 days prior to the
1751
licensee's birthday. The renewal notice shall direct the licensee
1752
to appear at a driver license office for in-person renewal or to
1753
transmit the completed renewal notice and the fees required by s.
1754
322.21 to the department using a convenience service by mail,
1755
electronically, or telephonically within the 30 days preceding
1756
the licensee's birthday for a license extension. License
1757
extensions shall not be available to drivers directed to appear
1758
for in-person renewal.
1759
(b) Upon receipt of a properly completed renewal notice,
1760
payment of the required fees, and upon determining that the
1761
licensee is still eligible for renewal, the department shall send
1762
a new license extension sticker to the licensee to affix to the
1763
expiring license as evidence that the license term has been
1764
extended.
1765
(c) The department shall issue one renewal using a
1766
convenience service license extensions for two consecutive
1767
license expirations only. Upon expiration of two consecutive
1768
license extension periods, in-person renewal with reexamination
1769
as provided in s. 322.121 shall be required. A person who is out
1770
of this state when his or her license expires may be issued a 90-
1771
day temporary driving permit without reexamination. At the end of
1772
the 90-day period, the person must either return to this state or
1773
apply for a license where the person is located, except for a
1774
member of the Armed Forces as provided in s. 322.121(6).
1775
(d) In-person renewal at a driver license office shall not
1776
be available to drivers whose records indicate they were directed
1777
to apply for a license extension.
1778
(d)(e) Any person who knowingly possesses any forged,
1779
stolen, fictitious, counterfeit, or unlawfully issued license
1780
extension sticker, unless possession by such person has been duly
1781
authorized by the department, commits a misdemeanor of the second
1783
(e)(f) The department shall develop a plan for the
1784
equitable distribution of license extensions and renewals and the
1785
orderly implementation of this section.
1786
(9)(a) The application form for a renewal issuance or
1787
renewal extension shall include language permitting a voluntary
1788
contribution of $1 per applicant, to be quarterly distributed by
1789
the department to Prevent Blindness Florida, a not-for-profit
1790
organization, to prevent blindness and preserve the sight of the
1791
residents of this state. A statement providing an explanation of
1792
the purpose of the funds shall be included with the application
1793
form.
1794
(b) Prior to the department distributing the funds
1795
collected pursuant to paragraph (a), Prevent Blindness Florida
1796
must submit a report to the department that identifies how such
1797
funds were used during the preceding year.
1798
Section 41. Subsection (4) of section 322.181, Florida
1799
Statutes, is repealed.
1800
Section 42. Subsections (2) and (4) of section 322.19,
1801
Florida Statutes, are amended to read:
1802
322.19 Change of address or name.--
1803
(2) Whenever any person, after applying for or receiving a
1804
driver's license, changes the residence or mailing address in the
1805
application or license, the person must, within 10 calendar days,
1806
either obtain a replacement license that reflects the change or
1807
request in writing a change-of-address sticker. A The written
1808
request to the department must include the old and new addresses
1809
and the driver's license number.
1810
(4) Notwithstanding any other provision of this chapter, if
1811
a licensee established his or her identity for a driver's license
1812
using an identification document authorized under s.
1814
not change his or her name or address except in person and upon
1815
submission of an identification document authorized under s.
1817
Section 43. Subsection (1) of section 322.21, Florida
1818
Statutes, is amended to read:
1819
322.21 License fees; procedure for handling and collecting
1820
fees.--
1821
(1) Except as otherwise provided herein, the fee for:
1822
(a) An original or renewal commercial driver's license is
1823
$67 $50, which shall include the fee for driver education
1824
provided by s. 1003.48; however, if an applicant has completed
1825
training and is applying for employment or is currently employed
1826
in a public or nonpublic school system that requires the
1827
commercial license, the fee shall be the same as for a Class E
1828
driver's license. A delinquent fee of $1 shall be added for a
1829
renewal made not more than 12 months after the license expiration
1830
date. Of the $67 fee, $50 shall be deposited into the General
1831
Revenue Fund. The remaining $17 shall be deposited into the
1832
Highway Safety Operating Trust Fund for the general operations of
1833
the department.
1834
(b) An original Class E driver's license is $27 $20, which
1835
shall include the fee for driver's education provided by s.
1836
1003.48; however, if an applicant has completed training and is
1837
applying for employment or is currently employed in a public or
1838
nonpublic school system that requires a commercial driver
1839
license, the fee shall be the same as for a Class E license. Of
1840
the $27 fee, $20 shall be deposited into the General Revenue
1841
Fund. The remaining $7 shall be deposited into the Highway Safety
1842
Operating Trust Fund for the general operations of the
1843
department.
1844
(c) The renewal or extension of a Class E driver's license
1845
or of a license restricted to motorcycle use only is $20 $15,
1846
except that a delinquent fee of $1 shall be added for a renewal
1847
or extension made not more than 12 months after the license
1848
expiration date. The fee provided in this paragraph shall include
1849
the fee for driver's education provided by s. 1003.48. Of the $20
1850
fee, $15 shall be deposited into the General Revenue Fund. The
1851
remaining $5 shall be deposited into the Highway Safety Operating
1852
Trust Fund for the general operations of the department.
1853
(d) An original driver's license restricted to motorcycle
1854
use only is $27 $20, which shall include the fee for driver's
1855
education provided by s. 1003.48. Of the $27 fee, $20 shall be
1856
deposited into the General Revenue Fund. The remaining $7 shall
1857
be deposited into the Highway Safety Operating Trust Fund for the
1858
general operations of the department.
1859
(e) A replacement driver's license, issued pursuant to s.
1860
322.17 is $10. Of the $10 fee, $3 shall be deposited into the
1861
General Revenue Fund. The remaining $7 shall be deposited into
1862
the Highway Safety Operating Trust Fund for the general
1863
operations of the department.
1864
(f) An original or renewal identification card issued
1865
pursuant to s. 322.051 is $10. Of the $10 fee, $4 shall be
1866
deposited into the General Revenue Fund. The remaining $6 shall
1867
be deposited in the Highway Safety Operating Trust Fund for the
1868
general operations of the department.
1869
(g)(e) Each endorsement required by s. 322.57 is $7 $5. Of
1870
the $7 fee, $5 shall be deposited into the General Revenue Fund.
1871
The remaining $2 shall be deposited into the Highway Safety
1872
Operating Trust Fund for the general operations of the
1873
department.
1874
(h)(f) A hazardous-materials endorsement, as required by s.
1875
322.57(1)(d), shall be set by the department by rule and shall
1876
reflect the cost of the required criminal history check,
1877
including the cost of the state and federal fingerprint check,
1878
and the cost to the department of providing and issuing the
1879
license. The fee shall not exceed $100. This fee shall be
1880
deposited in the Highway Safety Operating Trust Fund. The
1881
department may adopt rules to administer this section.
1882
Section 44. Subsection (3) of section 322.2715, Florida
1883
Statutes, is amended to read:
1884
322.2715 Ignition interlock device.--
1885
(3) If the person is convicted of:
1886
(a) A first offense of driving under the influence under s.
1887
316.193 and has an unlawful blood-alcohol level or breath-alcohol
1888
level as specified in s. 316.193(4), or if a person is convicted
1889
of a violation of s. 316.193 and was at the time of the offense
1890
accompanied in the vehicle by a person younger than 18 years of
1891
age, the person shall have the ignition interlock device
1892
installed for not less than 6 continuous months for the first
1893
offense and for not less than at least 2 continuous years for a
1894
second offense.
1895
(b) A second offense of driving under the influence, the
1896
ignition interlock device shall be installed for a period of not
1897
less than 1 continuous year.
1898
(c) A third offense of driving under the influence which
1899
occurs within 10 years after a prior conviction for a violation
1900
of s. 316.193, the ignition interlock device shall be installed
1901
for a period of not less than 2 continuous years.
1902
(d) A third offense of driving under the influence which
1903
occurs more than 10 years after the date of a prior conviction,
1904
the ignition interlock device shall be installed for a period of
1905
not less than 2 continuous years.
1906
Section 45. Section 322.291, Florida Statutes, is amended
1907
to read:
1908
322.291 Driver improvement schools or DUI programs;
1909
required in certain suspension and revocation cases.--Except as
1910
provided in s. 322.03(2), any person:
1911
(1) Whose driving privilege has been revoked:
1912
(a) Upon conviction for:
1913
1. Driving, or being in actual physical control of, any
1914
vehicle while under the influence of alcoholic beverages, any
1915
chemical substance set forth in s. 877.111, or any substance
1916
controlled under chapter 893, in violation of s. 316.193;
1917
2. Driving with an unlawful blood- or breath-alcohol level;
1918
3. Manslaughter resulting from the operation of a motor
1919
vehicle;
1920
4. Failure to stop and render aid as required under the
1921
laws of this state in the event of a motor vehicle crash
1922
resulting in the death or personal injury of another;
1923
5. Reckless driving; or
1924
(b) As an habitual offender;
1925
(c) Upon direction of the court, if the court feels that
1926
the seriousness of the offense and the circumstances surrounding
1927
the conviction warrant the revocation of the licensee's driving
1928
privilege; or
1929
(2) Whose license was suspended under the point system, was
1930
suspended for driving with an unlawful blood-alcohol level of
1931
0.10 percent or higher before January 1, 1994, was suspended for
1932
driving with an unlawful blood-alcohol level of 0.08 percent or
1933
higher after December 31, 1993, was suspended for a violation of
1934
s. 316.193(1), or was suspended for refusing to submit to a
1935
lawful breath, blood, or urine test as provided in s. 322.2615
1936
1937
shall, before the driving privilege may be reinstated, present to
1938
the department proof of enrollment in a department-approved
1939
advanced driver improvement course operating pursuant to s.
1940
318.1451 or a substance abuse education course conducted by a DUI
1941
program licensed pursuant to s. 322.292, which shall include a
1942
psychosocial evaluation and treatment, if referred. Additionally,
1943
for a third or subsequent violation involving the required use of
1944
an ignition interlock device, the person shall be required to
1945
complete treatment as determined by a licensed treatment agency
1946
following a referral by a DUI program and have the duration of
1947
the requirement to use an ignition interlock device extended for
1948
a least 1 month or up to the time required to complete treatment.
1949
If the person fails to complete such course or evaluation within
1950
90 days after reinstatement, or subsequently fails to complete
1951
treatment, if referred, the DUI program shall notify the
1952
department of the failure. Upon receipt of the notice, the
1953
department shall cancel the offender's driving privilege,
1954
notwithstanding the expiration of the suspension or revocation of
1955
the driving privilege. The department may temporarily reinstate
1956
the driving privilege upon verification from the DUI program that
1957
the offender has completed the education course and evaluation
1958
requirement and has reentered and is currently participating in
1959
treatment. If the DUI program notifies the department of the
1960
second failure to complete treatment, the department shall
1961
reinstate the driving privilege only after notice of completion
1962
of treatment from the DUI program.
1963
Section 46. Section 322.36, Florida Statutes, is amended to
1964
read:
1965
322.36 Permitting unauthorized operator to drive.--A No
1966
person may not shall authorize or knowingly permit a motor
1967
vehicle owned by him or her or under his or her dominion or
1968
control to be operated upon any highway or public street except
1969
by a person who is persons duly authorized to operate a motor
1970
vehicle vehicles under the provisions of this chapter. Any person
1971
who violates violating this section commits provision is guilty
1972
of a misdemeanor of the second degree, punishable as provided in
1974
knowingly loaning a vehicle to a person whose driver's license is
1975
suspended and if that vehicle is involved in an accident
1976
resulting in bodily injury or death, the driver's license of the
1977
person violating this section shall be suspended for 1 year.
1978
Section 47. Section 322.60, Florida Statutes, is repealed.
1979
Section 48. Subsections (1), (2), (3), (4), (5), and (6) of
1980
section 322.61, Florida Statutes, are amended to read:
1981
322.61 Disqualification from operating a commercial motor
1982
vehicle.--
1983
(1) A person who, for offenses occurring within a 3-year
1984
period, is convicted of two of the following serious traffic
1985
violations or any combination thereof, arising in separate
1986
incidents committed in a commercial motor vehicle shall, in
1987
addition to any other applicable penalties, be disqualified from
1988
operating a commercial motor vehicle for a period of 60 days. A
1989
holder of a commercial driver's license person who, for offenses
1990
occurring within a 3-year period, is convicted of two of the
1991
following serious traffic violations, or any combination thereof,
1992
arising in separate incidents committed in a noncommercial motor
1993
vehicle shall, in addition to any other applicable penalties, be
1994
disqualified from operating a commercial motor vehicle for a
1995
period of 60 days if such convictions result in the suspension,
1996
revocation, or cancellation of the licenseholder's driving
1997
privilege:
1998
(a) A violation of any state or local law relating to motor
1999
vehicle traffic control, other than a parking violation, a weight
2000
violation, or a vehicle equipment violation, arising in
2001
connection with a crash resulting in death or personal injury to
2002
any person;
2003
(b) Reckless driving, as defined in s. 316.192;
2004
(c) Careless driving, as defined in s. 316.1925;
2005
(d) Fleeing or attempting to elude a law enforcement
2006
officer, as defined in s. 316.1935;
2007
(e) Unlawful speed of 15 miles per hour or more above the
2008
posted speed limit;
2009
(f) Driving a commercial motor vehicle, owned by such
2010
person, which is not properly insured;
2011
(g) Improper lane change, as defined in s. 316.085;
2012
(h) Following too closely, as defined in s. 316.0895;
2013
(i) Driving a commercial vehicle without obtaining a
2014
commercial driver's license;
2015
(j) Driving a commercial vehicle without the proper class
2016
of commercial driver's license or without the proper endorsement;
2017
or
2018
(k) Driving a commercial vehicle without a commercial
2019
driver's license in possession, as required by s. 322.03. Any
2020
individual who provides proof to the clerk of the court or
2021
designated official in the jurisdiction where the citation was
2022
issued, by the date the individual must appear in court or pay
2023
any fine for such a violation, that the individual held a valid
2024
commercial driver's license on the date the citation was issued
2025
is not guilty of this offense.
2026
(2)(a) Any person who, for offenses occurring within a 3-
2027
year period, is convicted of three serious traffic violations
2028
specified in subsection (1) or any combination thereof, arising
2029
in separate incidents committed in a commercial motor vehicle
2030
shall, in addition to any other applicable penalties, including
2031
but not limited to the penalty provided in subsection (1), be
2032
disqualified from operating a commercial motor vehicle for a
2033
period of 120 days.
2034
(b) A holder of a commercial driver's license person who,
2035
for offenses occurring within a 3-year period, is convicted of
2036
three serious traffic violations specified in subsection (1) or
2037
any combination thereof arising in separate incidents committed
2038
in a noncommercial motor vehicle shall, in addition to any other
2039
applicable penalties, including, but not limited to, the penalty
2040
provided in subsection (1), be disqualified from operating a
2041
commercial motor vehicle for a period of 120 days if such
2042
convictions result in the suspension, revocation, or cancellation
2043
of the licenseholder's driving privilege.
2044
(3)(a) Except as provided in subsection (4), any person who
2045
is convicted of one of the following offenses listed in paragraph
2046
(b) while operating a commercial motor vehicle shall, in addition
2047
to any other applicable penalties, be disqualified from operating
2048
a commercial motor vehicle for a period of 1 year:
2049
(b) Except as provided in subsection (4), any holder of a
2050
commercial driver's license who is convicted of one of the
2051
offenses listed in this paragraph while operating a noncommercial
2052
motor vehicle shall, in addition to any other applicable
2053
penalties, be disqualified from operating a commercial motor
2054
vehicle for a period of 1 year:
2055
1.(a) Driving a commercial motor vehicle while he or she is
2056
under the influence of alcohol or a controlled substance;
2057
2.(b) Driving a commercial motor vehicle while the alcohol
2058
concentration of his or her blood, breath, or urine is .04
2059
percent or higher;
2060
3.(c) Leaving the scene of a crash involving a commercial
2061
motor vehicle driven by such person;
2062
4.(d) Using a commercial motor vehicle in the commission of
2063
a felony;
2064
5.(e) Driving a commercial motor vehicle while in
2065
possession of a controlled substance;
2066
6.(f) Refusing to submit to a test to determine his or her
2067
alcohol concentration while driving a commercial motor vehicle;
2068
7.(g) Driving a commercial vehicle while the
2069
licenseholder's commercial driver's license is suspended,
2070
revoked, or canceled or while the licenseholder is disqualified
2071
from driving a commercial vehicle; or
2072
8.(h) Causing a fatality through the negligent operation of
2073
a commercial motor vehicle.
2074
(4) Any person who is transporting hazardous materials as
2075
defined in s. 322.01(24) in a vehicle that is required to be
2076
placarded in accordance with Title 49 C.F.R. part 172, subpart F
2077
shall, upon conviction of an offense specified in subsection (3),
2078
be disqualified from operating a commercial motor vehicle for a
2079
period of 3 years. The penalty provided in this subsection shall
2080
be in addition to any other applicable penalty.
2081
(5) Any person who is convicted of two violations specified
2082
in subsection (3) which were committed while operating a
2083
commercial motor vehicle, or any combination thereof, arising in
2084
separate incidents shall be permanently disqualified from
2085
operating a commercial motor vehicle. Any holder of a commercial
2086
driver's license who is convicted of two violations specified in
2087
subsection (3) which were committed while operating a
2088
noncommercial motor vehicle, or any combination thereof, arising
2089
in separate incidents shall be permanently disqualified from
2090
operating a commercial motor vehicle. The penalty provided in
2091
this subsection is shall be in addition to any other applicable
2092
penalty.
2093
(6) Notwithstanding subsections (3), (4), and (5), any
2094
person who uses a commercial motor vehicle in the commission of
2095
any felony involving the manufacture, distribution, or dispensing
2096
of a controlled substance, including possession with intent to
2097
manufacture, distribute, or dispense a controlled substance,
2098
shall, upon conviction of such felony, be permanently
2099
disqualified from operating a commercial motor vehicle.
2100
Notwithstanding subsections (3), (4), and (5), any holder of a
2101
commercial driver's license who uses a noncommercial motor
2102
vehicle in the commission of any felony involving the
2103
manufacture, distribution, or dispensing of a controlled
2104
substance, including possession with intent to manufacture,
2105
distribute, or dispense a controlled substance, shall, upon
2106
conviction of such felony, be permanently disqualified from
2107
operating a commercial motor vehicle. The penalty provided in
2108
this subsection is shall be in addition to any other applicable
2109
penalty.
2110
Section 49. Section 322.64, Florida Statutes, is amended to
2111
read:
2112
322.64 Holder of commercial driver's license; persons
2113
operating a commercial motor vehicle; driving with unlawful
2114
blood-alcohol level; refusal to submit to breath, urine, or blood
2115
test.--
2116
(1)(a) A law enforcement officer or correctional officer
2117
shall, on behalf of the department, disqualify from operating any
2118
commercial motor vehicle a person who while operating or in
2119
actual physical control of a commercial motor vehicle is arrested
2120
for a violation of s. 316.193, relating to unlawful blood-alcohol
2121
level or breath-alcohol level, or a person who has refused to
2122
submit to a breath, urine, or blood test authorized by s. 322.63
2123
arising out of the operation or actual physical control of a
2124
commercial motor vehicle. A law enforcement officer or
2125
correctional officer shall, on behalf of the department,
2126
disqualify the holder of a commercial driver's license from
2127
operating any commercial motor vehicle if the licenseholder,
2128
while operating or in actual physical control of a motor vehicle,
2129
is arrested for a violation of s. 316.193, relating to unlawful
2130
blood-alcohol level or breath-alcohol level, or refused to submit
2131
to a breath, urine, or blood test authorized by s. 322.63. Upon
2132
disqualification of the person, the officer shall take the
2133
person's driver's license and issue the person a 10-day temporary
2134
permit for the operation of noncommercial vehicles only if the
2135
person is otherwise eligible for the driving privilege and shall
2136
issue the person a notice of disqualification. If the person has
2137
been given a blood, breath, or urine test, the results of which
2138
are not available to the officer at the time of the arrest, the
2139
agency employing the officer shall transmit such results to the
2140
department within 5 days after receipt of the results. If the
2141
department then determines that the person was arrested for a
2142
violation of s. 316.193 and that the person had a blood-alcohol
2143
level or breath-alcohol level of 0.08 or higher, the department
2144
shall disqualify the person from operating a commercial motor
2145
vehicle pursuant to subsection (3).
2146
(b) The disqualification under paragraph (a) shall be
2147
pursuant to, and the notice of disqualification shall inform the
2148
driver of, the following:
2149
1.a. The driver refused to submit to a lawful breath,
2150
blood, or urine test and he or she is disqualified from operating
2151
a commercial motor vehicle for a period of 1 year, for a first
2152
refusal, or permanently, if he or she has previously been
2153
disqualified as a result of a refusal to submit to such a test;
2154
or
2155
b. The driver was driving or in actual physical control of
2156
a commercial motor vehicle, or any motor vehicle if the driver
2157
holds a commercial driver's license, had an unlawful blood-
2158
alcohol level or breath-alcohol level of 0.08 or higher, and his
2159
or her driving privilege shall be disqualified for a period of 1
2160
year for a first offense or permanently if his or her driving
2161
privilege has been previously disqualified under this section.
2162
violated s. 316.193 by driving with an unlawful blood-alcohol
2163
level and he or she is disqualified from operating a commercial
2164
motor vehicle for a period of 6 months for a first offense or for
2165
a period of 1 year if he or she has previously been disqualified,
2166
or his or her driving privilege has been previously suspended,
2167
for a violation of s. 316.193.
2168
2. The disqualification period for operating commercial
2169
vehicles shall commence on the date of arrest or issuance of the
2170
notice of disqualification, whichever is later.
2171
3. The driver may request a formal or informal review of
2172
the disqualification by the department within 10 days after the
2173
date of arrest or issuance of the notice of disqualification,
2174
whichever is later.
2175
4. The temporary permit issued at the time of arrest or
2176
disqualification expires will expire at midnight of the 10th day
2177
following the date of disqualification.
2178
5. The driver may submit to the department any materials
2179
relevant to the disqualification arrest.
2180
(2) Except as provided in paragraph (1)(a), the law
2181
enforcement officer shall forward to the department, within 5
2182
days after the date of the arrest or the issuance of the notice
2183
of disqualification, whichever is later, a copy of the notice of
2184
disqualification, the driver's license of the person disqualified
2185
arrested, and a report of the arrest, including, if applicable,
2186
an affidavit stating the officer's grounds for belief that the
2187
person disqualified arrested was operating or in actual physical
2188
control of a commercial motor vehicle, or holds a commercial
2189
driver's license, and had an unlawful blood-alcohol or breath-
2190
alcohol level in violation of s. 316.193; the results of any
2191
breath or blood or urine test or an affidavit stating that a
2192
breath, blood, or urine test was requested by a law enforcement
2193
officer or correctional officer and that the person arrested
2194
refused to submit; a copy of the notice of disqualification
2195
citation issued to the person arrested; and the officer's
2196
description of the person's field sobriety test, if any. The
2197
failure of the officer to submit materials within the 5-day
2198
period specified in this subsection or subsection (1) does shall
2199
not affect the department's ability to consider any evidence
2200
submitted at or prior to the hearing. The officer may also submit
2201
a copy of a videotape of the field sobriety test or the attempt
2202
to administer such test and a copy of the crash report, if any.
2203
(3) If the department determines that the person arrested
2204
should be disqualified from operating a commercial motor vehicle
2205
pursuant to this section and if the notice of disqualification
2206
has not already been served upon the person by a law enforcement
2207
officer or correctional officer as provided in subsection (1),
2208
the department shall issue a notice of disqualification and,
2209
unless the notice is mailed pursuant to s. 322.251, a temporary
2210
permit which expires 10 days after the date of issuance if the
2211
driver is otherwise eligible.
2212
(4) If the person disqualified arrested requests an
2213
informal review pursuant to subparagraph (1)(b)3., the department
2214
shall conduct the informal review by a hearing officer employed
2215
by the department. Such informal review hearing shall consist
2216
solely of an examination by the department of the materials
2217
submitted by a law enforcement officer or correctional officer
2218
and by the person disqualified arrested, and the presence of an
2219
officer or witness is not required.
2220
(5) After completion of the informal review, notice of the
2221
department's decision sustaining, amending, or invalidating the
2222
disqualification must be provided to the person. Such notice must
2223
be mailed to the person at the last known address shown on the
2224
department's records, and to the address provided in the law
2225
enforcement officer's report if such address differs from the
2226
address of record, within 21 days after the expiration of the
2227
temporary permit issued pursuant to subsection (1) or subsection
2228
(3).
2229
(6)(a) If the person disqualified arrested requests a
2230
formal review, the department must schedule a hearing to be held
2231
within 30 days after such request is received by the department
2232
and must notify the person of the date, time, and place of the
2233
hearing.
2234
(b) Such formal review hearing shall be held before a
2235
hearing officer employed by the department, and the hearing
2236
officer shall be authorized to administer oaths, examine
2237
witnesses and take testimony, receive relevant evidence, issue
2238
subpoenas for the officers and witnesses identified in documents
2239
as provided in subsection (2), regulate the course and conduct of
2240
the hearing, and make a ruling on the disqualification. The
2241
department and the person disqualified arrested may subpoena
2242
witnesses, and the party requesting the presence of a witness
2243
shall be responsible for the payment of any witness fees. If the
2244
person who requests a formal review hearing fails to appear and
2245
the hearing officer finds such failure to be without just cause,
2246
the right to a formal hearing is waived and the department shall
2247
conduct an informal review of the disqualification under
2248
subsection (4).
2249
(c) A party may seek enforcement of a subpoena under
2250
paragraph (b) by filing a petition for enforcement in the circuit
2251
court of the judicial circuit in which the person failing to
2252
comply with the subpoena resides. A failure to comply with an
2253
order of the court shall result in a finding of contempt of
2254
court. However, a person shall not be in contempt while a
2255
subpoena is being challenged.
2256
(d) The department must, within 7 days after a formal
2257
review hearing, send notice to the person of the hearing
2258
officer's decision as to whether sufficient cause exists to
2259
sustain, amend, or invalidate the disqualification.
2260
(7) In a formal review hearing under subsection (6) or an
2261
informal review hearing under subsection (4), the hearing officer
2262
shall determine by a preponderance of the evidence whether
2263
sufficient cause exists to sustain, amend, or invalidate the
2264
disqualification. The scope of the review shall be limited to the
2265
following issues:
2266
(a) If the person was disqualified from operating a
2267
commercial motor vehicle for driving with an unlawful blood-
2268
alcohol level in violation of s. 316.193:
2269
1. Whether the arresting law enforcement officer had
2270
probable cause to believe that the person was driving or in
2271
actual physical control of a commercial motor vehicle, or any
2272
motor vehicle if the driver holds a commercial driver's license,
2273
in this state while he or she had any alcohol, chemical
2274
substances, or controlled substances in his or her body.
2275
2. Whether the person was placed under lawful arrest for a
2276
violation of s. 316.193.
2277
2.3. Whether the person had an unlawful blood-alcohol level
2278
or breath-alcohol level of 0.08 or higher as provided in s.
2279
2280
(b) If the person was disqualified from operating a
2281
commercial motor vehicle for refusal to submit to a breath,
2282
blood, or urine test:
2283
1. Whether the law enforcement officer had probable cause
2284
to believe that the person was driving or in actual physical
2285
control of a commercial motor vehicle, or any motor vehicle if
2286
the driver holds a commercial driver's license, in this state
2287
while he or she had any alcohol, chemical substances, or
2288
controlled substances in his or her body.
2289
2. Whether the person refused to submit to the test after
2290
being requested to do so by a law enforcement officer or
2291
correctional officer.
2292
3. Whether the person was told that if he or she refused to
2293
submit to such test he or she would be disqualified from
2294
operating a commercial motor vehicle for a period of 1 year or,
2295
in the case of a second refusal, permanently.
2296
(8) Based on the determination of the hearing officer
2297
pursuant to subsection (7) for both informal hearings under
2298
subsection (4) and formal hearings under subsection (6), the
2299
department shall:
2300
(a) Sustain the disqualification for a period of 1 year for
2301
a first refusal, or permanently if such person has been
2302
previously disqualified from operating a commercial motor vehicle
2303
as a result of a refusal to submit to such tests. The
2304
disqualification period commences on the date of the arrest or
2305
issuance of the notice of disqualification, whichever is later.
2306
(b) Sustain the disqualification:
2307
1. For a period of 1 year if the person was driving or in
2308
actual physical control of a commercial motor vehicle, or any
2309
motor vehicle if the driver holds a commercial driver's license,
2310
and had an unlawful blood-alcohol level or breath-alcohol level
2311
of 0.08 or higher; or 6 months for a violation of s. 316.193 or
2312
for a period of 1 year
2313
2. Permanently if the person has been previously
2314
disqualified from operating a commercial motor vehicle or his or
2315
her driving privilege has been previously suspended for driving
2316
or being in actual physical control of a commercial motor
2317
vehicle, or any motor vehicle if the driver holds a commercial
2318
driver's license, and had an unlawful blood-alcohol level or
2319
breath-alcohol level of 0.08 or higher as a result of a
2320
violation of s. 316.193.
2321
2322
The disqualification period commences on the date of the arrest
2323
or issuance of the notice of disqualification, whichever is
2324
later.
2325
(9) A request for a formal review hearing or an informal
2326
review hearing shall not stay the disqualification. If the
2327
department fails to schedule the formal review hearing to be held
2328
within 30 days after receipt of the request therefor, the
2329
department shall invalidate the disqualification. If the
2330
scheduled hearing is continued at the department's initiative,
2331
the department shall issue a temporary driving permit limited to
2332
noncommercial vehicles which is shall be valid until the hearing
2333
is conducted if the person is otherwise eligible for the driving
2334
privilege. Such permit shall not be issued to a person who sought
2335
and obtained a continuance of the hearing. The permit issued
2336
under this subsection shall authorize driving for business
2337
purposes or employment use only.
2338
(10) A person who is disqualified from operating a
2339
commercial motor vehicle under subsection (1) or subsection (3)
2340
is eligible for issuance of a license for business or employment
2341
purposes only under s. 322.271 if the person is otherwise
2342
eligible for the driving privilege. However, such business or
2343
employment purposes license shall not authorize the driver to
2344
operate a commercial motor vehicle.
2345
(11) The formal review hearing may be conducted upon a
2346
review of the reports of a law enforcement officer or a
2347
correctional officer, including documents relating to the
2348
administration of a breath test or blood test or the refusal to
2349
take either test. However, as provided in subsection (6), the
2350
driver may subpoena the officer or any person who administered or
2351
analyzed a breath or blood test.
2352
(12) The formal review hearing and the informal review
2353
hearing are exempt from the provisions of chapter 120. The
2354
department is authorized to adopt rules for the conduct of
2355
reviews under this section.
2356
(13) A person may appeal any decision of the department
2357
sustaining the disqualification from operating a commercial motor
2358
vehicle by a petition for writ of certiorari to the circuit court
2359
in the county wherein such person resides or wherein a formal or
2360
informal review was conducted pursuant to s. 322.31. However, an
2361
appeal shall not stay the disqualification. This subsection shall
2362
not be construed to provide for a de novo appeal.
2363
(14) The decision of the department under this section
2364
shall not be considered in any trial for a violation of s.
2366
submitted by a person in his or her request for departmental
2367
review under this section be admissible into evidence against him
2368
or her in any such trial. The disposition of any related criminal
2369
proceedings shall not affect a disqualification imposed pursuant
2370
to this section.
2371
(15) This section does not preclude the suspension of the
2372
driving privilege pursuant to s. 322.2615. The driving privilege
2373
of a person who has been disqualified from operating a commercial
2374
motor vehicle also may be suspended for a violation of s.
2375
2376
Section 50. Subsection (10) of section 324.021, Florida
2377
Statutes, is amended to read:
2378
324.021 Definitions; minimum insurance required.--The
2379
following words and phrases when used in this chapter shall, for
2380
the purpose of this chapter, have the meanings respectively
2381
ascribed to them in this section, except in those instances where
2382
the context clearly indicates a different meaning:
2383
(10) JUDGMENT.--Any judgment becomes which shall have
2384
become final by expiration without appeal of the time within
2385
which an appeal might have been perfected, or by final
2386
affirmation on appeal, rendered by a court of competent
2387
jurisdiction of any state or of the United States upon a cause of
2388
action arising out of the ownership, maintenance, or use of any
2389
motor vehicle for damages, including damages for care and loss of
2390
services because of bodily injury to or death of any person, or
2391
for damages because of injury to or destruction of property,
2392
including the loss of use thereof, or upon a cause of action on
2393
an agreement of settlement for such damage.
2394
Section 51. Subsection (19) of section 501.976, Florida
2395
Statutes, is amended to read:
2396
501.976 Actionable, unfair, or deceptive acts or
2397
practices.--It is an unfair or deceptive act or practice,
2398
actionable under the Florida Deceptive and Unfair Trade Practices
2399
Act, for a dealer to:
2400
(19) Fail to disclose damage to a new motor vehicle, as
2402
actual knowledge, if the dealer's actual cost of repairs exceeds
2403
the threshold amount, excluding replacement items.
2404
2405
In any civil litigation resulting from a violation of this
2406
section, when evaluating the reasonableness of an award of
2407
attorney's fees to a private person, the trial court shall
2408
consider the amount of actual damages in relation to the time
2409
spent.
2410
Section 52. (1) The Automobile Lenders Industry Task Force
2411
is created within the Department of Highway Safety and Motor
2412
Vehicles. The task force shall make recommendations on proposed
2413
legislation and proposed department rules, shall present issues
2414
concerning the motor vehicle lending industry to the department
2415
for its consideration, shall consider any matters relating to the
2416
motor vehicle lending industry which are presented to it by the
2417
department, and shall submit a final report, including
2418
legislative proposals to the Governor, the President of the
2419
Senate, the Speaker of the House of Representatives and
2420
appropriate committees within the Legislature by June 30, 2009,
2421
when the task force shall cease to exist.
2422
(2) The task force shall be composed of 12 members
2423
appointed by each of the following organizations: one
2424
representative of the Department of Highway Safety and Motor
2425
Vehicles; one representative of the independent motor vehicle
2426
industry, appointed by the Florida Independent Automobile Dealers
2427
Association; one representative of the franchise motor vehicle
2428
industry, appointed by the Florida Automobile Dealers
2429
Association; one representative of credit unions, appointed by
2430
the Florida Credit Union League; one representative of the
2431
banking industry, appointed by the Florida Bankers Association;
2432
one representative of the insurance industry, appointed by the
2433
Florida Insurance Council; one state attorney, appointed by the
2434
Florida State Attorneys Association; one representative of the
2435
Office of Financial Regulation of the Department of Financial
2436
Services; one representative of a law enforcement agency,
2437
appointed by the Florida Auto Theft Intelligence Unit; one
2438
representative of the auto repair industry, appointed by the
2439
Florida Automotive Services Association; one representative of
2440
the towing industry, appointed by the Professional Wrecker
2441
Operators of Florida; and one representative of independent motor
2442
vehicle finance companies, appointed by the Florida Financial
2443
Services Association.
2444
(3)(a) The task force shall elect a chair and vice chair at
2445
its initial meeting, which shall be held by October 1, 2008.
2446
(b) The task force shall meet at least four times in
2447
different areas of the state, including one meeting in
2448
Tallahassee. Meetings may be called by the chair or by a simple
2449
majority of the members. The task force shall conduct all
2450
meetings pursuant to general law and shall keep minutes of its
2451
meetings. Meetings may be held in locations around the state in
2452
department facilities or in other appropriate locations. The
2453
department shall provide administrative support to the task
2454
force.
2455
(3) Members from the private sector are not entitled to per
2456
diem or reimbursement for travel expenses. However, members from
2457
the public sector are entitled to reimbursement, if any, from
2458
their respective agency. The task force may request assistance
2459
from the Department of Highway Safety and Motor Vehicles as
2460
necessary.
2461
Section 53. Except for specialty license plates which are
2462
approved before or during the 2008 Legislative session, or which
2463
have bills filed during the 2008 session, the Department of
2464
Highway Safety and Motor Vehicles may not issue any new specialty
2466
Statutes, between July 1, 2008, and July 1, 2011.
2467
Section 54. Except as otherwise expressly provided in this
2468
act and except for this section, which shall take effect July 1,
2469
2008, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.