Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2220

839378

CHAMBER ACTION

Senate

Comm: 1/RCS

3/18/2008

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House



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The Committee on Transportation (Baker) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 20.24, Florida Statutes, is reenacted

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and amended to read:

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     20.24  Department of Highway Safety and Motor

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Vehicles.--There is created a Department of Highway Safety and

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Motor Vehicles.

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     (1)  The head of the Department of Highway Safety and Motor

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Vehicles is the Governor and Cabinet.

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     (2)  The following divisions, and bureaus within the

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divisions, of the Department of Highway Safety and Motor

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Vehicles are established:

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     (a)  Division of the Florida Highway Patrol.

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     (b)  Division of Driver Licenses.

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     (c)  Division of Motor Vehicles.

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     1. Bureau of Motor Vehicle Inspection.

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     Section 2.  Present subsections (10) through (54) of

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section 322.01, Florida Statutes, are redesignated as

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subsections (11) through (45), respectively, and a new

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subsection (10) is added to that section, to read:

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     322.01  Definitions.--As used in this chapter:

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

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individual conducts a transaction with the department other than

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in person.

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     Section 3.  Present subsections (6) of section 322.02,

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Florida Statutes, is renumbered as subsection (7), and a new

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subsection (6) is added to that section, to read:

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     322.02  Legislative intent; administration.--

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     (6) The department shall collect and annually report to

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the legislative transportation committees information collected

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at each driver's license examination office relating to customer

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service, including, but not limited to, the average time

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customers must wait for services at each location.

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     Section 4.  Subsection (1) of section 322.03, Florida

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Statutes, is amended to read:

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     322.03  Drivers must be licensed; penalties.--

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

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

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

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provisions of this chapter.

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

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

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

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possession issued to him or her by any other jurisdiction or

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

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

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who makes a false affidavit concerning such licenses is guilty

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

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s. 775.082 or s. 775.083.

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

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is not required to surrender a license issued by another

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jurisdiction, upon a showing to the department that such license

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

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

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

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

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

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department to the issuing jurisdiction together with information

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

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be destroyed by the department, which shall notify the issuing

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jurisdiction of such destruction. A person may not have more

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than one valid Florida driver's license at any time.

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

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

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regularly scheduled renewal. Licenses that are identified as

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

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

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     Section 5.  Subsections (1) and (2) of section 322.051,

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Florida Statutes, are amended to read:

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     322.051  Identification cards.--

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

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

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

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identification card by the department upon completion of an

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application and payment of an application fee.

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     (a)  Each such application shall include the following

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information regarding the applicant:

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

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proof of social security card number satisfactory to the

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

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residential address satisfactory to the department, country of

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birth, and a brief description.

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     2.  Proof of birth date satisfactory to the department.

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     3.  Proof of identity satisfactory to the department. Such

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proof must include one of the following documents issued to the

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applicant:

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

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from another jurisdiction that required the applicant to submit

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a document for identification which is substantially similar to

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

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c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph

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

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

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     c. A valid, unexpired United States passport;

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     d.  A naturalization certificate issued by the United

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States Department of Homeland Security;

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     e. A valid, unexpired An alien registration receipt card

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(green card);

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     f. Consular Report of Birth Abroad provided by the United

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States Department of State;

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     g.f. An unexpired employment authorization card issued by

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the United States Department of Homeland Security; or

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     h.g. Proof of nonimmigrant classification provided by the

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United States Department of Homeland Security, for an original

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identification card. In order to prove such nonimmigrant

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classification, applicants may produce but are not limited to

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the following documents:

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     (I)  A notice of hearing from an immigration court

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scheduling a hearing on any proceeding.

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     (II)  A notice from the Board of Immigration Appeals

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acknowledging pendency of an appeal.

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     (III)  Notice of the approval of an application for

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adjustment of status issued by the United States Bureau of

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Citizenship and Immigration Services.

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     (IV)  Any official documentation confirming the filing of a

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petition for asylum or refugee status or any other relief issued

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by the United States Bureau of Citizenship and Immigration

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Services.

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     (V)  Notice of action transferring any pending matter from

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another jurisdiction to Florida, issued by the United States

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Bureau of Citizenship and Immigration Services.

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     (VI)  Order of an immigration judge or immigration officer

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granting any relief that authorizes the alien to live and work

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

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     (VII)  Evidence that an application is pending for

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adjustment of status to that of an alien lawfully admitted for

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permanent residence in the United States or conditional

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

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is available having a current priority date for processing by

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the United States Bureau of Citizenship and Immigration

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Services.

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Presentation of any of the documents described in sub-

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

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applicant to an identification card for a period not to exceed

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the expiration date of the document presented or 1 year,

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whichever first occurs.

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     (b)  An application for an identification card must be

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signed and verified by the applicant in a format designated by

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the department before a person authorized to administer oaths

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

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

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color photograph or digital image of the applicant.

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     (c)  Each such applicant may include fingerprints and any

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other unique biometric means of identity.

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     (2)(a) Every identification card:

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

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

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the applicant following the date of original issue.

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

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

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applicant following the date of original issue.

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Renewal of an identification card shall be made for the

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applicable term enumerated in this paragraph. However, if an

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

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identification card issued under this section, the card shall

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not expire unless done so by cancellation by the department or

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by the death of the cardholder. Renewal of any identification

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card shall be made for a term which shall expire on the fourth

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birthday of the applicant following expiration of the

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identification card renewed, unless surrendered earlier. Any

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application for renewal received later than 90 days after

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expiration of the identification card shall be considered the

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same as an application for an original identification card. The

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renewal fee for an identification card shall be $10, of which $4

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shall be deposited into the General Revenue Fund and $6 into the

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Highway Safety Operating Trust Fund. The department shall, at

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the end of 4 years and 6 months after the issuance or renewal of

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an identification card, destroy any record of the card if it has

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expired and has not been renewed, unless the cardholder is 60

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years of age or older.

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     (b)  Notwithstanding any other provision of this chapter,

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if an applicant establishes his or her identity for an

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identification card using a document authorized under sub-

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

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the eighth fourth birthday of the applicant following the date

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of original issue or upon first renewal or duplicate issued

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after implementation of this section. After an initial showing

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of such documentation, he or she is exempted from having to

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renew or obtain a duplicate in person.

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     (c)  Notwithstanding any other provisions of this chapter,

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if an applicant establishes his or her identity for an

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identification card using an identification document authorized

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

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

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

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date cited on the United States Department of Homeland Security

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

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or obtain a duplicate except in person.

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

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322.08, Florida Statutes, are amended to read:

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     322.08  Application for license.--

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

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in a format designated by the department and sworn to or

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

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in the application.

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     (2)  Each such application shall include the following

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information regarding the applicant:

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

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proof of social security card number satisfactory to the

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

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residential address satisfactory to the department, country of

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birth, and a brief description.

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

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

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proof must include one of the following documents issued to the

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applicant:

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

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from another jurisdiction that required the applicant to submit

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a document for identification which is substantially similar to

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a document required under subparagraph 2., subparagraph 3.,

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

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subparagraph 7., or subparagraph 8.;

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

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     3. A valid, unexpired United States passport;

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     4.  A naturalization certificate issued by the United

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States Department of Homeland Security;

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     5. A valid, unexpired An alien registration receipt card

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(green card);

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     6. Consular Report of Birth Abroad provided by the United

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States Department of State;

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7.6. An unexpired employment authorization card issued by

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the United States Department of Homeland Security; or

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     8.7. Proof of nonimmigrant classification provided by the

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United States Department of Homeland Security, for an original

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

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an applicant may produce the following documents, including, but

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not limited to:

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     a.  A notice of hearing from an immigration court

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scheduling a hearing on any proceeding.

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     b.  A notice from the Board of Immigration Appeals

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acknowledging pendency of an appeal.

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     c.  A notice of the approval of an application for

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adjustment of status issued by the United States Bureau of

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Citizenship and Immigration Services.

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     d.  Any official documentation confirming the filing of a

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petition for asylum or refugee status or any other relief issued

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by the United States Bureau of Citizenship and Immigration

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Services.

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     e.  A notice of action transferring any pending matter from

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another jurisdiction to this state issued by the United States

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Bureau of Citizenship and Immigration Services.

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     f.  An order of an immigration judge or immigration officer

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granting any relief that authorizes the alien to live and work

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

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     g.  Evidence that an application is pending for adjustment

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of status to that of an alien lawfully admitted for permanent

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residence in the United States or conditional permanent resident

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

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having a current priority date for processing by the United

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States Bureau of Citizenship and Immigration Services.

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

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

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or temporary permit for a period not to exceed the expiration

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date of the document presented or 1 year, whichever occurs

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first.

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     (d)  Whether the applicant has previously been licensed to

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

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license or driving privilege has ever been disqualified,

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

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

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disqualification, suspension, revocation, or refusal.

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     (e)  Each such application may include fingerprints and

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other unique biometric means of identity.

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

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duplicate thereof shall include language permitting the

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following:

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

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contribution shall be transferred into the Election Campaign

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Financing Trust Fund.

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

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contribution shall be deposited into the Florida Organ and

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Tissue Donor Education and Procurement Trust Fund for organ and

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tissue donor education and for maintaining the organ and tissue

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donor registry.

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

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contribution shall be distributed to the Florida Council of the

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Blind.

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

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shall be distributed to the Hearing Research Institute,

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Incorporated.

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

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shall be distributed to the Juvenile Diabetes Foundation

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International.

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

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

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A statement providing an explanation of the purpose of the trust

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

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service charge provided in s. 215.20, contributions received

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

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

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     Section 7.  Paragraph (c) of subsection (1) of section

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322.135, Florida Statutes, is amended to read:

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     322.135  Driver's license agents.--

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     (1)  The department may, upon application, authorize any or

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all of the tax collectors in the several counties of the state,

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subject to the requirements of law, in accordance with rules of

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the department, to serve as its agent for the provision of

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specified driver's license services.

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     (c) A fee of up to $10.50 may $5.25 is to be charged, in

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addition to the fees set forth in this chapter, for any driver's

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license issued or renewed by a tax collector.

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     Section 8.  Paragraph (a) of subsection (1) of section

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322.14, Florida Statutes, is amended to read:

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     322.14  Licenses issued to drivers.--

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

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all required examinations and payment of the required fee, issue

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

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applied for, which license shall bear thereon a color photograph

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

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distinguishing number assigned to the licensee; and the

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

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

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

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issuance and expiration of the license. A space shall be

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provided upon which the licensee shall affix his or her usual

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signature. No license shall be valid until it has been so signed

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by the licensee except that the signature of said licensee shall

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not be required if it appears thereon in facsimile or if the

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licensee is not present within the state at the time of

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issuance. Applicants qualifying to receive a Class A, Class B,

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or Class C driver's license must appear in person within the

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state for issuance of a color photographic or digital imaged

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driver's license pursuant to s. 322.142.

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     Section 9.  Section 322.17, Florida Statutes, is amended to

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read:

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     322.17 Replacement licenses and permits Duplicate and

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replacement certificates.--

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

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license issued under the provisions of this chapter is lost or

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

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

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a replacement duplicate, or substitute thereof, upon furnishing

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proof satisfactory to the department that such permit or license

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has been lost or destroyed, and further furnishing the full

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

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of birth satisfactory to the department, and proof of identity

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satisfactory to the department. Five dollars of the fee levied

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in this paragraph shall go to the Highway Safety Operating Trust

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Fund of the department.

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

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license issued under the provisions of this chapter is stolen,

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

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a replacement duplicate, or substitute thereof, upon furnishing

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proof satisfactory to the department that such permit or license

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

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sex, residence and mailing address, proof of birth satisfactory

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to the department, and proof of identity satisfactory to the

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department.

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

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

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replacement fee, the department shall issue a replacement

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

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written request by the licensee and notification of a change in

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address, and the payment of a $10 fee, the department shall

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issue an address sticker which shall be affixed to the back of

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

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this subsection shall go to the Highway Safety Operating Trust

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Fund of the department.

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     (3)  Notwithstanding any other provisions of this chapter,

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

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license using an identification document authorized under s.

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

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not obtain a duplicate or replacement instruction permit or

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

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

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

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     Section 10.  Section 322.18, Florida Statutes, is amended

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to read:

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     322.18  Original applications, licenses, and renewals;

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expiration of licenses; delinquent licenses.--

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

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

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successfully passes the required examinations and presents the

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application to the department.

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

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examination requirement if the applicant is otherwise qualified

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and surrenders a valid license issued by another state, a

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

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

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

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

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driver's license, as follows:

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

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

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license that which expires at midnight on the licensee's

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birthday which next occurs on or after the eighth sixth

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anniversary of the date of issue. An applicant who is at least

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80 years of age applying for an original issuance shall be

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issued a driver's license that expires at midnight on the

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licensee's birthday that next occurs on or after the sixth

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anniversary of the date of issue.

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

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applying for a renewal issuance or renewal extension shall be

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issued a driver's license that or renewal extension sticker

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

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

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license being renewed, except that a driver whose driving record

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reflects no convictions for the preceding 3 years shall be

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issued a driver's license or renewal extension sticker which

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

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6 years after the month of expiration of the license being

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renewed. An applicant who is at least 80 years of age applying

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for a renewal issuance shall be issued a driver's license that

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

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6 years after the month of expiration of the license being

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renewed.

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     (c)  Notwithstanding any other provision of this chapter,

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

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

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

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

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

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     (d)  Notwithstanding any other provision of this chapter,

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

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

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

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

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date cited on the United States Department of Homeland Security

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documents, whichever date first occurs.

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     (e)  Notwithstanding any other provision of this chapter,

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an applicant applying for an original or renewal issuance of a

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

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

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

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

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of expiration of the license being issued or renewed.

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

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

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

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delinquent fee.

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

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

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depending upon the terms of issuance and shall be issued or

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renewed extended upon application, payment of the fees required

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by s. 322.21, and successful passage of any required

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examination, unless the department has reason to believe that

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the licensee is no longer qualified to receive a license.

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     (b)  Notwithstanding any other provision of this chapter,

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

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

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license, upon an initial showing of such documentation, is

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

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unless the renewal or duplication coincides with the periodic

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

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     (c)  Notwithstanding any other provision of this chapter,

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

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license using an identification document authorized under s.

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

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

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submission of an identification document authorized under s.

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

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renewed under this paragraph expires 1 year 4 years after the

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

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States Department of Homeland Security documents, whichever date

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first occurs.

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

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applicant licensee has been determined to be eligible by the

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department.

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

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who is at least 80 over 79 years of age:

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

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any driver's license office; or

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     2. If the licensee applies for a renewal using a

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convenience service an extension by mail as provided in

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

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administered by a physician licensed under chapter 458 or

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

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send the results of that test to the department on a form

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obtained from the department and signed by such health care

478

practitioner, and must meet vision standards that are equivalent

479

to the standards for passing the departmental vision test. The

480

physician or optometrist may submit the results of a vision test

481

by a department-approved electronic means.

482

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

483

not submit an application for renewal extension under subsection

484

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

485

unless the results of a vision test have been electronically

486

submitted in advance by the physician or optometrist.

487

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

488

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

489

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

490

be on a form prepared and furnished by the department. The

491

department shall make such forms available to the various

492

examining offices throughout the state. Upon receipt of such

493

application, the department shall issue a license or temporary

494

permit to the applicant or shall advise the applicant that no

495

license or temporary permit will be issued and advise the

496

applicant of the reason for his or her ineligibility.

497

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

498

time within 12 months after the expiration date, with

499

reexamination, if required, upon payment of the required

500

delinquent fee or taking and passing the written examination. If

501

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

502

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

503

renewal period shall be extended to midnight of the next regular

504

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

505

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

506

qualified to receive a license.

507

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

508

privilege is under suspension or revocation.

509

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

510

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

511

mail, electronic, or telephonic means without reexamination to

512

drivers who have not attained 80 years of age. The department

513

shall issue 6-year renewals using a convenience service when the

514

applicant has satisfied the requirements of subsection (5).

515

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

516

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

517

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

518

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

519

licensee's birthday. The renewal notice shall direct the

520

licensee to appear at a driver license office for in-person

521

renewal or to transmit the completed renewal notice and the fees

522

required by s. 322.21 to the department using a convenience

523

service by mail, electronically, or telephonically within the 30

524

days preceding the licensee's birthday for a license extension.

525

License extensions shall not be available to drivers directed to

526

appear for in-person renewal.

527

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

528

payment of the required fees, and upon determining that the

529

licensee is still eligible for renewal, the department shall

530

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

531

the expiring license as evidence that the license term has been

532

extended.

533

     (c) The department shall issue one renewal using a

534

convenience service license extensions for two consecutive

535

license expirations only. Upon expiration of two consecutive

536

license extension periods, in-person renewal with reexamination

537

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

538

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

539

90-day temporary driving permit without reexamination. At the

540

end of the 90-day period, the person must either return to this

541

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

542

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

543

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

544

be available to drivers whose records indicate they were

545

directed to apply for a license extension.

546

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

547

stolen, fictitious, counterfeit, or unlawfully issued license

548

extension sticker, unless possession by such person has been

549

duly authorized by the department, commits a misdemeanor of the

550

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

551

775.083.

552

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

553

equitable distribution of license extensions and renewals and

554

the orderly implementation of this section.

555

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

556

renewal extension shall include language permitting a voluntary

557

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

558

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

559

organization, to prevent blindness and preserve the sight of the

560

residents of this state. A statement providing an explanation of

561

the purpose of the funds shall be included with the application

562

form.

563

     (b)  Prior to the department distributing the funds

564

collected pursuant to paragraph (a), Prevent Blindness Florida

565

must submit a report to the department that identifies how such

566

funds were used during the preceding year.

567

     Section 11. Subsection (4) of section 322.181, Florida

568

Statutes, is repealed.

569

     Section 12.  Subsections (2) and (4) of section 322.19,

570

Florida Statutes, are amended to read:

571

     322.19  Change of address or name.--

572

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

573

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

574

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

575

days, either obtain a replacement license that reflects the

576

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

577

written request to the department must include the old and new

578

addresses and the driver's license number.

579

     (4)  Notwithstanding any other provision of this chapter,

580

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

581

license using an identification document authorized under s.

582

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

583

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

584

submission of an identification document authorized under s.

585

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

586

     Section 13.  Subsection (1) of section 322.21, Florida

587

Statutes, is amended to read:

588

     322.21  License fees; procedure for handling and collecting

589

fees.--

590

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

591

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

592

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

593

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

594

training and is applying for employment or is currently employed

595

in a public or nonpublic school system that requires the

596

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

597

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

598

renewal made not more than 12 months after the license

599

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

600

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

601

the Highway Safety Operating Trust Fund for the general

602

operations of the department.

603

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

604

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

605

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

606

applying for employment or is currently employed in a public or

607

nonpublic school system that requires a commercial driver

608

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

609

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

610

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

611

Safety Operating Trust Fund for the general operations of the

612

department.

613

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

614

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

615

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

616

or extension made not more than 12 months after the license

617

expiration date. The fee provided in this paragraph shall

618

include the fee for driver's education provided by s. 1003.48.

619

Of the $20 fee, $15 shall be deposited into the General Revenue

620

Fund. The remaining $5 shall be deposited into the Highway

621

Safety Operating Trust Fund for the general operations of the

622

department.

623

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

624

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

625

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

626

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

627

be deposited into the Highway Safety Operating Trust Fund for

628

the general operations of the department.

629

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

630

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

631

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

632

the Highway Safety Operating Trust Fund for the general

633

operations of the department.

634

     (f) An original or renewal identification card issued

635

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

636

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

637

be deposited in the Highway Safety Operating Trust Fund for the

638

general operations of the department.

639

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

640

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

641

The remaining $2 shall be deposited into the Highway Safety

642

Operating Trust Fund for the general operations of the

643

department.

644

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

645

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

646

shall reflect the cost of the required criminal history check,

647

including the cost of the state and federal fingerprint check,

648

and the cost to the department of providing and issuing the

649

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

650

deposited in the Highway Safety Operating Trust Fund. The

651

department may adopt rules to administer this section.

652

     Section 14. Section 322.60, Florida Statutes, is repealed.

653

     Section 15.  This act shall take effect upon becoming a

654

law.

655

656

================ T I T L E  A M E N D M E N T ================

657

And the title is amended as follows:

658

     Delete everything before the enacting clause

659

and insert:

660

A bill to be entitled

661

An act relating to a review of the Department of highway

662

Safety and Motor Vehicles under the Florida Government

663

Accountability Act; reenacting and amending s. 20.24,

664

F.S., relating to the establishment of the department;

665

eliminating an obsolete reference to the Bureau of Motor

666

Vehicle Inspection; amending s. 322.01, F.S.; defining the

667

term "convenience service"; amending s. 322.02, F.S.;

668

requiring the department to collect and report to the

669

Legislature information concerning customer service at

670

driver's license offices; amending s. 322.03, F.S.;

671

deleting provisions exempting certain persons from the

672

requirement to surrender a license issued by another

673

jurisdiction; providing certain exceptions for part-time

674

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

675

requiring that an applicant for an identification card or

676

driver's license provide additional information;

677

authorizing use of additional documents to prove identity;

678

revising the fee requirements; revising provisions

679

providing for the expiration of an identification card

680

issued by the department; deleting provisions authorizing

681

a voluntary contribution; amending s. 322.135, F.S.;

682

increasing the amount of the service fee that may be

683

charged by driver's license agents; amending s. 322.14,

684

F.S.; requiring that an applicant for a driver's license

685

provide a residence address; amending s. 322.17, F.S.;

686

revising the requirements for obtaining a replacement

687

license or permit; deleting provisions authorizing the

688

department to issue address stickers; amending s. 322.18,

689

F.S.; revising provisions providing for the expiration of

690

driver's licenses; providing for the renewal of certain

691

licenses every 8 years and for the renewal of licenses for

692

persons older than a specified age every 6 years;

693

providing for the renewal of licenses using a convenience

694

service; requiring the department to issue new licenses

695

rather than extension stickers; conforming cross-

696

references; repealing s. 322.181(4), F.S.; relating to the

697

Florida At-Risk Driver Council; amending s. 322.19, F.S.;

698

deleting provisions authorizing the use of a change-of-

699

address sticker on a driver's license; conforming cross-

700

references; amending s. 322.21, F.S.; increasing the fees

701

charged for obtaining a new or renewal driver's license or

702

identification card; specifying that a portion of the fees

703

be deposited for use by the department; repealing s.

704

322.60, F.S., relating to a prohibition against possessing

705

more than one driver's license under certain

706

circumstances; providing an effective date.

707

708

     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

709

Government Accountability Act, subjects the Department of  

710

Highway Safety and Motor Vehicles and its respective advisory

711

committees to a sunset review process in order to determine

712

whether the agency should be retained, modified, or abolished,

713

and

714

     WHEREAS, the Department of Highway Safety and Motor

715

Vehicles produced a report providing specific information, as

716

enumerated in s. 11.906, Florida Statutes, and

717

     WHEREAS, upon receipt of the report, the Joint Legislative

718

Sunset Committee and committees of the Senate and the House of

719

Representatives assigned to act as sunset review committees

720

reviewed the report and requested studies by the Office of

721

Program Policy Analysis and Government Accountability, and

722

     WHEREAS, based on the department's report, studies of the

723

Office of Program Policy Analysis and Government

724

Accountability, and public input, the Joint Legislative Sunset

725

Committee and legislative sunset review committees made

726

recommendations on the abolition, continuation, or

727

reorganization of the Department of Highway Safety and Motor

728

Vehicles and its advisory committees; on the need for the

729

functions performed by the agency and its advisory committees;

730

and on the consolidation, transfer, or reorganization of

731

programs within the Department of Highway Safety and Motor

732

Vehicles, and

733

     WHEREAS, this Legislature wishes to retain the Department

734

of Highway Safety and Motor Vehicles and continue the Florida

735

Highway Patrol Advisory Council, the Automobile Dealer Advisory

736

Board, the DUI Programs Review Board, and the Medical Advisory

737

Board, NOW, THEREFORE,

3/17/2008  8:53:00 AM     20-05018A-08

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