Florida Senate - 2008 CS for CS for SB 2220

By the Committees on Transportation and Economic Development Appropriations; Transportation; Transportation

606-08373A-08 20082220c2

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A bill to be entitled

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An act relating to a review of the Department of

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Highway Safety and Motor Vehicles under the Florida

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Government Accountability Act; reenacting and amending

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s. 20.24, F.S., relating to the establishment of the

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department; eliminating an obsolete reference to the

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Bureau of Motor Vehicle Inspection; creating s.

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318.195, F.S.; providing that a person who is convicted

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of a moving violation that causes or contributes to

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causing serious injury to or the death of a person

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riding a motorcycle commits a misdemeanor offense;

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requiring that the offender pay a specified fine, serve

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a minimum of period of incarceration, and attend a

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driver improvement course; requiring the court to

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revoke the person's driver's license for a specified

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period; providing criminal penalties; providing that

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the act does not prohibit the offender from being

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charged with, convicted of, or punished for any other

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violation of law; amending ss. 320.08056 and 320.08058,

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F.S.; directing the department to develop a Horse

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Country license plate; providing an annual use fee for

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the license plate; providing for the distribution of

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funds received from the sale of the Horse Country

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license plate; amending s. 322.01, F.S.; defining the

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

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requiring the department to collect and report to the

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Legislature information concerning customer service at

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

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deleting provisions exempting certain persons from the

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requirement to surrender a license issued by another

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jurisdiction; providing certain exceptions for part-

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

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requiring that an applicant for an identification card

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or driver's license provide additional information;

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authorizing use of additional documents to prove

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identity; revising the fee requirements; revising

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provisions providing for the expiration of an

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identification card issued by the department; deleting

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provisions authorizing a voluntary contribution;

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amending s. 322.135, F.S.; increasing the amount of the

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service fee that may be charged by driver's license

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agents; amending s. 322.14, F.S.; requiring that an

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applicant for a driver's license provide a residence

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

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requirements for obtaining a replacement license or

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permit; deleting provisions authorizing the department

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

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revising provisions providing for the expiration of

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driver's licenses; providing for the renewal of certain

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licenses every 8 years and for the renewal of licenses

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for persons older than a specified age every 6 years;

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providing for the renewal of licenses using a

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convenience service; requiring the department to issue

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new licenses rather than extension stickers; conforming

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cross-references; repealing s. 322.181(4), F.S.;

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relating to the Florida At-Risk Driver Council;

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amending s. 322.19, F.S.; deleting provisions

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authorizing the use of a change-of-address sticker on a

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driver's license; conforming cross-references; amending

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s. 322.21, F.S.; increasing the fees charged for

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obtaining a new or renewal driver's license or

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identification card; specifying that a portion of the

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fees be deposited for use by the department; repealing

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

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possessing more than one driver's license under certain

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circumstances; amending s. 316.003, F.S.; defining the

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term "traffic infraction detector"; creating s.

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316.0083, F.S.; preempting to the state the use of

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cameras to enforce traffic laws; authorizing the use of

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traffic infraction detectors and traffic infraction

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detector enforcement officers by the Department of

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Highway Safety and Motor Vehicles, the Department of

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Transportation, counties, and municipalities; providing

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requirements for notifying a driver of the issuance of

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a citation; providing that the owner of the motor

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vehicle involved in a violation is responsible and

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liable for payment of the fine assessed; providing

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exceptions; establishing admissibility of evidence as a

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rebuttable presumption of a violation; providing that

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submission of a false affidavit constitutes a second-

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degree misdemeanor; requiring the Department of

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Transportation to adopt and publish specifications

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relating to the operation and implementation of traffic

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infraction detectors; requiring that the specifications

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conform to certain minimum requirements; requiring the

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certification of a location by a traffic engineer

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before a detector is installed; authorizing the

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Department of Transportation to direct the removal of a

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detector that fails to meet the required

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specifications; authorizing the department to allow the

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installation of a detector that does not conform to the

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required specification upon a showing of good cause;

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exempting certain existing traffic infraction detectors

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from the requirements for meeting the department's

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specifications for a specified period; requiring the

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qualification of vendors by the Department of

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Transportation; amending s. 316.640, F.S.; directing

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the Department of Transportation to develop training

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and qualifications for traffic infraction detector

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enforcement officers; amending s. 318.18, F.S.;

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providing for penalties and distribution of fines for

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failing to stop at a traffic signal when such violation

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is enforced by a traffic infraction detector

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enforcement officer; amending s. 322.27, F.S.;

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prohibiting the imposition of points against a

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violator's driver's license for infractions enforced by

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a traffic infraction detector enforcement officer;

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directing the Department of Highway Safety and Motor

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Vehicles and the Department of Transportation to

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jointly report the efficacy of traffic infraction

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detectors on or before a specified date; providing an

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effective date.

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

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Government Accountability Act, subjects the Department of  

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Highway Safety and Motor Vehicles and its respective advisory

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committees to a sunset review process in order to determine

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

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and

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     WHEREAS, the Department of Highway Safety and Motor

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Vehicles produced a report providing specific information, as

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enumerated in s. 11.906, Florida Statutes, and

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     WHEREAS, upon receipt of the report, the Joint Legislative

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Sunset Committee and committees of the Senate and the House of

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Representatives assigned to act as sunset review committees

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reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

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

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Office of Program Policy Analysis and Government

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Accountability, and public input, the Joint Legislative Sunset

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Committee and legislative sunset review committees made

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recommendations on the abolition, continuation, or

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reorganization of the Department of Highway Safety and Motor

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Vehicles and its advisory committees; on the need for the

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functions performed by the agency and its advisory committees;

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and on the consolidation, transfer, or reorganization of

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programs within the Department of Highway Safety and Motor

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Vehicles, and

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     WHEREAS, this Legislature wishes to retain the Department

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of Highway Safety and Motor Vehicles and continue the Florida

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Highway Patrol Advisory Council, the Automobile Dealer Advisory

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

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Board, NOW, THEREFORE,

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

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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 Vehicles

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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.  Section 318.195, Florida Statutes, is created to

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read:

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     318.195 Enhanced penalties for moving violations causing

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injury or death to motorcyclists.--

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     (1) A person who is convicted of a moving violation that

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causes serious bodily injury, as defined in s. 316.1933, to a

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person riding on a motorcycle commits a misdemeanor of the second

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

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shall pay a fine of not less than $500, serve a minimum of 30

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days of incarceration, and attend a driver improvement course.

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The court shall also revoke the person's driver's license for not

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less than 30 days.

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     (2) A person who is convicted of a moving violation that

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causes or contributes to causing the death of a person riding on

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a motorcycle commits a misdemeanor of the first degree,

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

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a fine of not less than $1,000, serve a minimum of 90 days of

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incarceration, and, in lieu of the requirements of s. 322.0261,

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attend an advanced driver improvement course. The court shall

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also revoke the person's driver's license for not less than 1

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year.

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     (3) This section does not prohibit a person from being

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charged with, convicted of, or punished for any other violation

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of law.

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     Section 3.  Paragraph (mmm) is added to subsection (4) of

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section 320.08056, Florida Statutes, to read:

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     320.08056  Specialty license plates.--

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     (4)  The following license plate annual use fees shall be

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collected for the appropriate specialty license plates:

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     (mmm) Horse Country license plate, $25.

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     Section 4.  Subsection (65) is added to section 320.08058,

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Florida Statutes, to read:

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     320.08058  Specialty license plates.--

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     (65) HORSE COUNTRY LICENSE PLATES.--

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     (a) The department shall develop a Horse Country license

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plate as provided in this subsection. However, the requirements

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of s. 320.08053 must be met prior to the issuance of the plate.

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Horse Country license plates must bear the colors and design

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approved by the department. The word "Florida" must appear at the

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top of the plate, and the words "Horse Country" must appear at

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the bottom of the plate.

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     (b) The license plate annual use fees shall be distributed

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to PCMI Properties, Inc., to fund its activities, programs, and

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projects within the state. Funds must be used in this state. PCMI

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Properties, Inc., may retain all revenue from the annual use fees

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until up to $60,000 of its documented startup costs for

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developing and establishing the plate have been recovered.

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Thereafter, revenue from the annual use fees shall be used as

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follows:

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     1. Up to 25 percent of the annual use fee revenue may be

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used for promotion and marketing of the plate.

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     2. Funds may be used as necessary for annual audit or

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compliance affidavit costs.

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     3. The remaining revenue shall be used for programs

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involved in the rehabilitation of at-risk youth as directed by

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the Board of Trustees of PCMI Properties, Inc. Such funds may be

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used to provide educational materials, athletic equipment,

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transportation, food, medical services, counseling, scholarships,

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and other direct administrative and program expenses. The funds

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may also be used as grants for expanding youth rehabilitation

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programs in the state. Special consideration shall be given to

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programs using horses and other livestock in efforts to redirect

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at-risk youth.

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     Section 5.  Present subsections (10) through (54) of section

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322.01, Florida Statutes, are redesignated as subsections (11)

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

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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 6.  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 the

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legislative transportation committees information collected at

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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 7.  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 of

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

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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 be

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destroyed by the department, which shall notify the issuing

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

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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 8.  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 a

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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 a

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document for identification which is substantially similar to a

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

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

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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 States

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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 the

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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 in

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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 permanent

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

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available having a current priority date for processing by the

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United States Bureau of Citizenship and Immigration Services.

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     (VIII) On or after January 1, 2010, an unexpired foreign

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passport with an unexpired United States Visa affixed,

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accompanied by an approved I-94, documenting the most recent

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admittance into the United States.

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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 and

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

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

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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 identification

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

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

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cardholder. Renewal of any identification card shall be made for

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

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following expiration of the identification card renewed, unless

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surrendered earlier. Any application for renewal received later

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than 90 days after expiration of the identification card shall be

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considered the same as an application for an original

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identification card. The renewal fee for an identification card

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

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

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

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the issuance or renewal of an identification card, destroy any

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

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unless the cardholder is 60 years of age or older.

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

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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 of

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original issue or upon first renewal or duplicate issued after

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implementation of this section. After an initial showing of such

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

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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 or

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obtain a duplicate except in person.

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     Section 9.  Subsections (1), (2), and (6) of section 322.08,

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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 affirmed

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

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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 a

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document for identification which is substantially similar to a

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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 States

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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 scheduling

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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 in

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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 having

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a current priority date for processing by the United States

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Bureau of Citizenship and Immigration Services.

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     h. On or after January 1, 2010, an unexpired foreign

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passport with an unexpired United State Visa affixed, accompanied

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by an approved I-94, documenting the most recent admittance into

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the United States.

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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 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, revoked,

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

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

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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 Tissue

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Donor Education and Procurement Trust Fund for organ and tissue

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donor education and for maintaining the organ and tissue donor

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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.

496

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

497

shall be distributed to the Juvenile Diabetes Foundation

498

International.

499

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

500

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

501

502

A statement providing an explanation of the purpose of the trust

503

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

504

service charge provided in s. 215.20, contributions received

505

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

506

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

507

     Section 10.  Paragraph (c) of subsection (1) of section

508

322.135, Florida Statutes, is amended to read:

509

     322.135  Driver's license agents.--

510

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

511

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

512

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

513

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

514

specified driver's license services.

515

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

516

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

517

license issued or renewed by a tax collector.

518

     Section 11.  Paragraph (a) of subsection (1) of section

519

322.14, Florida Statutes, is amended to read:

520

     322.14  Licenses issued to drivers.--

521

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

522

all required examinations and payment of the required fee, issue

523

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

524

applied for, which license shall bear thereon a color photograph

525

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

526

distinguishing number assigned to the licensee; and the

527

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

528

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

529

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

530

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

531

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

532

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

533

licensee except that the signature of said licensee shall not be

534

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

535

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

536

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

537

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

538

color photographic or digital imaged driver's license pursuant to

539

s. 322.142.

540

     Section 12.  Section 322.17, Florida Statutes, is amended to

541

read:

542

     322.17 Replacement licenses and permits Duplicate and

543

replacement certificates.--

544

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

545

license issued under the provisions of this chapter is lost or

546

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

547

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

548

a replacement duplicate, or substitute thereof, upon furnishing

549

proof satisfactory to the department that such permit or license

550

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

551

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

552

satisfactory to the department, and proof of identity

553

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

554

this paragraph shall go to the Highway Safety Operating Trust

555

Fund of the department.

556

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

557

license issued under the provisions of this chapter is stolen,

558

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

559

a replacement duplicate, or substitute thereof, upon furnishing

560

proof satisfactory to the department that such permit or license

561

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

562

sex, residence and mailing address, proof of birth satisfactory

563

to the department, and proof of identity satisfactory to the

564

department.

565

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

566

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

567

replacement fee, the department shall issue a replacement license

568

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

569

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

570

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

571

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

572

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

573

subsection shall go to the Highway Safety Operating Trust Fund of

574

the department.

575

     (3)  Notwithstanding any other provisions of this chapter,

576

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

577

license using an identification document authorized under s.

578

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

579

not obtain a duplicate or replacement instruction permit or

580

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

581

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

582

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

583

     Section 13.  Section 322.18, Florida Statutes, is amended to

584

read:

585

     322.18  Original applications, licenses, and renewals;

586

expiration of licenses; delinquent licenses.--

587

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

588

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

589

successfully passes the required examinations and presents the

590

application to the department.

591

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

592

examination requirement if the applicant is otherwise qualified

593

and surrenders a valid license issued by another state, a

594

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

595

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

596

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

597

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

598

driver's license, as follows:

599

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

600

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

601

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

602

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

603

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

604

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

605

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

606

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

607

issue.

608

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

609

applying for a renewal issuance or renewal extension shall be

610

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

611

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

612

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

613

being renewed, except that a driver whose driving record reflects

614

no convictions for the preceding 3 years shall be issued a

615

driver's license or renewal extension sticker which expires at

616

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

617

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

618

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

619

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

620

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

621

after the month of expiration of the license being renewed.

622

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

623

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

624

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

625

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

626

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

627

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

628

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

629

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

630

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

631

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

632

years after the date of issuance or upon the expiration date

633

cited on the United States Department of Homeland Security

634

documents, whichever date first occurs.

635

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

636

applicant applying for an original or renewal issuance of a

637

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

638

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

639

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

640

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

641

of expiration of the license being issued or renewed.

642

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

643

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

644

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

645

delinquent fee.

646

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

647

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

648

upon the terms of issuance and shall be issued or renewed

649

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

650

322.21, and successful passage of any required examination,

651

unless the department has reason to believe that the licensee is

652

no longer qualified to receive a license.

653

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

654

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

655

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

656

license, upon an initial showing of such documentation, is

657

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

658

unless the renewal or duplication coincides with the periodic

659

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

660

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

661

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

662

using an identification document authorized under s.

663

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

664

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

665

submission of an identification document authorized under s.

666

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

667

renewed under this paragraph expires 1 year 4 years after the

668

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

669

States Department of Homeland Security documents, whichever date

670

first occurs.

671

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

672

applicant licensee has been determined to be eligible by the

673

department.

674

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

675

who is at least 80 over 79 years of age:

676

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

677

any driver's license office; or

678

     2. If the licensee applies for a renewal using a

679

convenience service an extension by mail as provided in

680

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

681

administered by a physician licensed under chapter 458 or chapter

682

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

683

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

684

the department and signed by such health care practitioner, and

685

must meet vision standards that are equivalent to the standards

686

for passing the departmental vision test. The physician or

687

optometrist may submit the results of a vision test by a

688

department-approved electronic means.

689

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

690

not submit an application for renewal extension under subsection

691

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

692

unless the results of a vision test have been electronically

693

submitted in advance by the physician or optometrist.

694

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

695

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

696

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

697

on a form prepared and furnished by the department. The

698

department shall make such forms available to the various

699

examining offices throughout the state. Upon receipt of such

700

application, the department shall issue a license or temporary

701

permit to the applicant or shall advise the applicant that no

702

license or temporary permit will be issued and advise the

703

applicant of the reason for his or her ineligibility.

704

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

705

time within 12 months after the expiration date, with

706

reexamination, if required, upon payment of the required

707

delinquent fee or taking and passing the written examination. If

708

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

709

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

710

renewal period shall be extended to midnight of the next regular

711

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

712

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

713

qualified to receive a license.

714

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

715

privilege is under suspension or revocation.

716

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

717

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

718

electronic, or telephonic means without reexamination to drivers

719

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

720

6-year renewals using a convenience service when the applicant

721

has satisfied the requirements of subsection (5).

722

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

723

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

724

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

725

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

726

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

727

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

728

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

729

322.21 to the department using a convenience service by mail,

730

electronically, or telephonically within the 30 days preceding

731

the licensee's birthday for a license extension. License

732

extensions shall not be available to drivers directed to appear

733

for in-person renewal.

734

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

735

payment of the required fees, and upon determining that the

736

licensee is still eligible for renewal, the department shall send

737

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

738

expiring license as evidence that the license term has been

739

extended.

740

     (c) The department shall issue one renewal using a

741

convenience service license extensions for two consecutive

742

license expirations only. Upon expiration of two consecutive

743

license extension periods, in-person renewal with reexamination

744

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

745

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

746

day temporary driving permit without reexamination. At the end of

747

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

748

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

749

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

750

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

751

be available to drivers whose records indicate they were directed

752

to apply for a license extension.

753

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

754

stolen, fictitious, counterfeit, or unlawfully issued license

755

extension sticker, unless possession by such person has been duly

756

authorized by the department, commits a misdemeanor of the second

757

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

758

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

759

equitable distribution of license extensions and renewals and the

760

orderly implementation of this section.

761

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

762

renewal extension shall include language permitting a voluntary

763

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

764

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

765

organization, to prevent blindness and preserve the sight of the

766

residents of this state. A statement providing an explanation of

767

the purpose of the funds shall be included with the application

768

form.

769

     (b)  Prior to the department distributing the funds

770

collected pursuant to paragraph (a), Prevent Blindness Florida

771

must submit a report to the department that identifies how such

772

funds were used during the preceding year.

773

     Section 14. Subsection (4) of section 322.181, Florida

774

Statutes, is repealed.

775

     Section 15.  Subsections (2) and (4) of section 322.19,

776

Florida Statutes, are amended to read:

777

     322.19  Change of address or name.--

778

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

779

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

780

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

781

either obtain a replacement license that reflects the change or

782

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

783

request to the department must include the old and new addresses

784

and the driver's license number.

785

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

786

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

787

using an identification document authorized under s.

788

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

789

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

790

submission of an identification document authorized under s.

791

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

792

     Section 16.  Subsection (1) of section 322.21, Florida

793

Statutes, is amended to read:

794

     322.21  License fees; procedure for handling and collecting

795

fees.--

796

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

797

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

798

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

799

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

800

training and is applying for employment or is currently employed

801

in a public or nonpublic school system that requires the

802

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

803

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

804

renewal made not more than 12 months after the license expiration

805

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

806

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

807

Highway Safety Operating Trust Fund for the general operations of

808

the department.

809

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

810

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

811

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

812

applying for employment or is currently employed in a public or

813

nonpublic school system that requires a commercial driver

814

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

815

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

816

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

817

Operating Trust Fund for the general operations of the

818

department.

819

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

820

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

821

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

822

or extension made not more than 12 months after the license

823

expiration date. The fee provided in this paragraph shall include

824

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

825

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

826

remaining $5 shall be deposited into the Highway Safety Operating

827

Trust Fund for the general operations of the department.

828

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

829

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

830

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

831

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

832

be deposited into the Highway Safety Operating Trust Fund for the

833

general operations of the department.

834

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

835

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

836

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

837

the Highway Safety Operating Trust Fund for the general

838

operations of the department.

839

     (f) An original or renewal identification card issued

840

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

841

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

842

be deposited in the Highway Safety Operating Trust Fund for the

843

general operations of the department.

844

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

845

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

846

The remaining $2 shall be deposited into the Highway Safety

847

Operating Trust Fund for the general operations of the

848

department.

849

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

850

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

851

reflect the cost of the required criminal history check,

852

including the cost of the state and federal fingerprint check,

853

and the cost to the department of providing and issuing the

854

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

855

deposited in the Highway Safety Operating Trust Fund. The

856

department may adopt rules to administer this section.

857

     Section 17. Section 322.60, Florida Statutes, is repealed.

858

     Section 18.  Subsection (86) is added to section 316.003,

859

Florida Statutes, to read:

860

     316.003  Definitions.--The following words and phrases, when

861

used in this chapter, shall have the meanings respectively

862

ascribed to them in this section, except where the context

863

otherwise requires:

864

     (86) TRAFFIC INFRACTION DETECTOR.--A device using a vehicle

865

sensor or sensors installed to work in conjunction with a traffic

866

control signal and a camera or cameras that are synchronized to

867

automatically record two or more sequenced photographic or

868

electronic images or streaming video of only the rear of a motor

869

vehicle at the time the vehicle fails to stop behind the stop bar

870

or clearly marked stop line when facing a traffic control signal

871

steady red light.

872

     Section 19.  Section 316.0083, Florida Statutes, is created

873

to read:

874

     316.0083 Regulation and use of cameras for enforcement of

875

provisions of this chapter.--

876

     (1) The regulation and use of cameras for enforcing the

877

provisions of this chapter are expressly preempted to the state.

878

     (2) The department, the Department of Transportation,

879

counties, and municipalities may use traffic infraction detectors

880

to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver

881

fails to stop at a traffic signal.

882

     (3)(a) For purposes of administering this section, the

883

department, the Department of Transportation, counties, and

884

municipalities may by rule or ordinance authorize a traffic

885

infraction detector enforcement officer to issue a uniform

886

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

887

316.075(1)(c)1. If the driver of the motor vehicle receives a

888

uniform traffic citation for a violation of s. 316.074(1) or s.

889

316.075(1)(c)1. issued by a law enforcement officer, then a

890

uniform traffic citation may not be issued by a traffic

891

infraction detector enforcement officer. The term "traffic

892

infraction detector enforcement officer" means the designee of

893

the department, the Department of Transportation, a county, or a

894

municipality who is authorized to enforce s. 316.074(1) or s.

895

316.075(1)(c)1. when a driver fails to stop at a traffic signal.

896

The department, the Department of Transportation, counties, and

897

municipalities may designate traffic infraction detector

898

enforcement officers pursuant to s. 316.640(1).

899

     (b) A citation issued under this section shall be issued by

900

mailing the citation by first-class mail or certified mail,

901

return receipt requested, to the address of the registered owner

902

of the motor vehicle involved in the violation. Mailing the

903

citation to this address constitutes notification. In the case of

904

joint ownership of a motor vehicle, the traffic citation shall be

905

mailed to the first name appearing on the registration, unless

906

the first name appearing on the registration is a business

907

organization, in which case the second name appearing on the

908

registration may be used. The citation must be mailed to the

909

registered owner of the motor vehicle involved in the violation

910

within 7 days after the date of the violation. Notice of and

911

instructions for accessing a secure website displaying a 10-

912

second video of the violation shall be provided with the

913

citation.

914

     (c) The owner of the motor vehicle involved in the

915

violation is responsible and liable for paying the citation

916

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

917

when the driver failed to stop at a traffic signal, unless the

918

owner can establish that the motor vehicle was, at the time of

919

the violation, in the care, custody, or control of another

920

person. In order to establish such facts, the owner of the motor

921

vehicle shall, within 14 days after the date of issuance of the

922

citation, furnish to the appropriate governmental entity an

923

affidavit setting forth:

924

     1. The name, address, date of birth, and, if known, the

925

driver's license number of the person who leased, rented, or

926

otherwise had care, custody, or control of the motor vehicle at

927

the time of the alleged violation;

928

     2. If the vehicle was stolen at the time of the alleged

929

offense, the police report indicating that the vehicle was

930

stolen; or

931

     3. If a citation for a violation of s. 316.074(1) or s.

932

316.075(1)(c)1. was issued at the location of the violation by a

933

law enforcement officer, the serial number of the uniform traffic

934

citation.

935

936

Upon receipt of an affidavit, the person designated as having

937

care, custody, and control of the motor vehicle at the time of

938

the violation may be issued a citation for a violation of s.

939

316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

940

at a traffic signal. The affidavit is admissible in a proceeding

941

pursuant to this section for the purpose of providing proof that

942

the person identified in the affidavit was in actual care,

943

custody, or control of the motor vehicle. The owner of a leased

944

vehicle for which a citation is issued for a violation of s.

945

316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop

946

at a traffic signal is not responsible for paying the citation

947

and is not required to submit an affidavit as specified in this

948

subsection if the motor vehicle involved in the violation is

949

registered in the name of the lessee of such motor vehicle.

950

     (d) A written report of a traffic infraction detector

951

enforcement officer, along with photographic or electronic images

952

or streaming video evidence that a violation of s. 316.074(1) or

953

s. 316.075(1)(c)1. when the driver failed to stop at a traffic

954

signal has occurred, is admissible in any proceeding to enforce

955

this section and raises a rebuttable presumption that the motor

956

vehicle named in the report or shown in the photographic or

957

electronic images or streaming video evidence was used in

958

violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver

959

failed to stop at a traffic signal.

960

     (4) The submission of a false affidavit is a misdemeanor of

961

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

962

775.083.

963

     (5) This section supplements the enforcement of s.

964

316.074(1) or s. 316.075(1)(c)1. by law enforcement officers when

965

a driver fails to stop at a traffic signal, and this section does

966

not prohibit a law enforcement officer from issuing a citation

967

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

968

driver fails to stop at a traffic signal in accordance with

969

normal traffic-enforcement techniques.

970

     (6)(a) The Department of Transportation shall, on or before

971

October 1, 2008, adopt and publish minimum specifications for the

972

operation and implementation of traffic infraction detectors on

973

the streets and highways of the state. The minimum specifications

974

shall, insofar as is practicable, conform to the Traffic

975

Engineering Manual of the Department of Transportation and shall

976

be revised from time to time to include changes necessary to

977

conform to any uniform national system or to meet local or state

978

needs. The specifications shall include, but need not be limited

979

to, the size and purpose of stop bars, the duration time of

980

signal phases, signage and other public awareness requirements,

981

the amount of before and after photographic or electronic imaging

982

or streaming video needed, yellow light duration time, and

983

location of the rear tires in relation to the stop bar. The

984

Department of Transportation shall require mandatory reporting of

985

all accidents at the intersections using traffic infraction

986

detectors and shall provide information relating to those

987

accidents to the Legislature by March 1, 2010. The Department of

988

Transportation may call upon representatives of local authorities

989

to assist in preparing or revising the uniform specifications of

990

traffic infraction detectors.

991

     (b) All traffic infraction detectors operated or

992

implemented in this state by any public body or official must

993

conform to the specifications for operation and implementation of

994

traffic infraction detectors published by the Department of

995

Transportation pursuant to this subsection.

996

     (c) A public body or official may not operate or implement

997

a traffic infraction detector in this state unless it conforms to

998

the specifications published by the Department of Transportation.

999

A public body may not sell a traffic infraction detector to any

1000

nongovernmental entity or person.

1001

     (d) Before installing a traffic infraction detector at an

1002

intersection, a Florida municipal, county, or Department of

1003

Transportation traffic engineer must review and certify that all

1004

other applicable safety-related engineering measures have been

1005

considered. Any manufacturer or vendor that operates or

1006

implements a traffic infraction detector without such

1007

certification is ineligible to bid or furnish traffic infraction

1008

detectors to any public body or official for such period of time

1009

as may be established by the Department of Transportation;

1010

however, such period of time may not be less than 1 year

1011

following the date of notification of ineligibility.

1012

     (e) The Department of Transportation may, after a hearing

1013

pursuant to 14 days' notice, direct the removal of any traffic

1014

infraction detector wherever located which purportedly fails to

1015

meet the specifications of this subsection. The public agency

1016

operating or implementing a traffic infraction detector shall

1017

immediately remove the traffic infraction detector upon the

1018

direction of the Department of Transportation and may not, for a

1019

period of 5 years, install any replacement traffic infraction

1020

detector unless written prior approval is received from the

1021

Department of Transportation. Any additional violation by a

1022

public body or official is cause for withholding state funds for

1023

traffic control purposes until such public body or official

1024

demonstrates to the Department of Transportation that it is

1025

complying with this subsection.

1026

     (f) The Department of Transportation may authorize the

1027

installation of traffic infraction detectors that are not in

1028

conformity with the published specifications upon a showing of

1029

good cause.

1030

     (g) Any traffic infraction detector acquired under a

1031

contract entered into by a county or municipality on or before

1032

April 1, 2008, is not required to meet the specifications for

1033

operation and implementation of traffic infraction detectors

1034

published by the Department of Transportation pursuant to this

1035

subsection until July 1, 2013.

1036

     (7) Any manufacturer or vendor desiring to bid for the

1037

performance of operating or implementing a traffic infraction

1038

detector must first be qualified by the Department of

1039

Transportation and without such qualification is ineligible to

1040

bid or furnish traffic infraction detectors to any public body or

1041

official in this state. A manufacturer or vendor may not receive

1042

a fee based upon the number of citations issued.

1043

     Section 20.  Paragraph (b) of subsection (1) of section

1044

316.640, Florida Statutes, is amended to read:

1045

     316.640  Enforcement.--The enforcement of the traffic laws

1046

of this state is vested as follows:

1047

     (1)  STATE.--

1048

     (b)1.  The Department of Transportation has authority to

1049

enforce on all the streets and highways of this state all laws

1050

applicable within its authority.

1051

     2.a.  The Department of Transportation shall develop

1052

training and qualifications standards for toll enforcement

1053

officers whose sole authority is to enforce the payment of tolls

1054

pursuant to s. 316.1001. Nothing in this subparagraph shall be

1055

construed to permit the carrying of firearms or other weapons,

1056

nor shall a toll enforcement officer have arrest authority.

1057

     b.  For the purpose of enforcing s. 316.1001, governmental

1058

entities, as defined in s. 334.03, which own or operate a toll

1059

facility may employ independent contractors or designate

1060

employees as toll enforcement officers; however, any such toll

1061

enforcement officer must successfully meet the training and

1062

qualifications standards for toll enforcement officers

1063

established by the Department of Transportation.

1064

     3.a The Department of Transportation shall develop training

1065

and qualifications standards for traffic infraction detector

1066

enforcement officers whose sole authority is to enforce s.

1067

316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a

1068

traffic signal pursuant to s. 316.0083. This subparagraph does

1069

not authorize the carrying of firearms or other weapons by a

1070

traffic infraction enforcement officer and does not authorize a

1071

traffic infraction detector enforcement officer to make arrests.

1072

     b. For the purpose of enforcing s. 316.0083, the

1073

department, the Department of Transportation, counties, and

1074

municipalities may designate employees as traffic infraction

1075

detector enforcement officers; however, any such traffic

1076

infraction detector enforcement officer must successfully meet

1077

the training and qualifications standards for traffic infraction

1078

detector enforcement officers established by the Department of

1079

Transportation.

1080

     Section 21.  Subsection (15) of section 318.18, Florida

1081

Statutes, is amended to read:

1082

     318.18  Amount of penalties.--The penalties required for a

1083

noncriminal disposition pursuant to s. 318.14 or a criminal

1084

offense listed in s. 318.17 are as follows:

1085

     (15)(a) One hundred twenty-five dollars for a violation of

1086

s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to

1087

stop at a traffic signal and when enforced by a law enforcement

1088

officer. Sixty dollars shall be distributed as provided in s.

1089

318.21, and the remaining $65 shall be remitted to the Department

1090

of Revenue for deposit into the Administrative Trust Fund of the

1091

Department of Health.

1092

     (b) Sixty dollars for each violation of s. 316.074(1) or s.

1093

316.075(1)(c)1. when a driver has failed to stop at a traffic

1094

signal and when enforced by a traffic infraction detector

1095

enforcement officer and, nothwithstanding any other provision of

1096

law, all sixty dollars shall be distributed in the same manner as

1097

the applicable municipal or county parking ordinance.

1098

1099

Except for s. 318.121 and 318.1215, no other fees may be charged

1100

by any entity for a violation of s. 316.074(1) or s.

1101

316.075(1)(c)1. when enforced by a traffic infraction detector

1102

enforcement officer.

1103

     Section 22.  Paragraph (d) of subsection (3) of section

1104

322.27, Florida Statutes, is amended to read:

1105

     322.27  Authority of department to suspend or revoke

1106

license.--

1107

     (3)  There is established a point system for evaluation of

1108

convictions of violations of motor vehicle laws or ordinances,

1109

and violations of applicable provisions of s. 403.413(6)(b) when

1110

such violations involve the use of motor vehicles, for the

1111

determination of the continuing qualification of any person to

1112

operate a motor vehicle. The department is authorized to suspend

1113

the license of any person upon showing of its records or other

1114

good and sufficient evidence that the licensee has been convicted

1115

of violation of motor vehicle laws or ordinances, or applicable

1116

provisions of s. 403.413(6)(b), amounting to 12 or more points as

1117

determined by the point system. The suspension shall be for a

1118

period of not more than 1 year.

1119

     (d)  The point system shall have as its basic element a

1120

graduated scale of points assigning relative values to

1121

convictions of the following violations:

1122

     1.  Reckless driving, willful and wanton--4 points.

1123

     2.  Leaving the scene of a crash resulting in property

1124

damage of more than $50--6 points.

1125

     3.  Unlawful speed resulting in a crash--6 points.

1126

     4.  Passing a stopped school bus--4 points.

1127

     5.  Unlawful speed:

1128

     a.  Not in excess of 15 miles per hour of lawful or posted

1129

speed--3 points.

1130

     b.  In excess of 15 miles per hour of lawful or posted

1131

speed--4 points.

1132

     6.  A violation of a traffic control signal device as

1133

provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

1134

However, no points shall be imposed for a violation of s.

1135

316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop

1136

at a traffic signal and when enforced by a traffic infraction

1137

detector enforcement officer.

1138

     7.  All other moving violations (including parking on a

1139

highway outside the limits of a municipality)--3 points. However,

1140

no points shall be imposed for a violation of s. 316.0741 or s.

1141

316.2065(12).

1142

     8.  Any moving violation covered above, excluding unlawful

1143

speed, resulting in a crash--4 points.

1144

     9.  Any conviction under s. 403.413(6)(b)--3 points.

1145

     10.  Any conviction under s. 316.0775(2)--4 points.

1146

     Section 23. The Department of Highway Safety and Motor

1147

Vehicles and the Department of Transportation shall jointly

1148

submit a report on the efficacy of traffic infraction detectors

1149

in enhancing public safety to the Governor, the President of the

1150

Senate, and the Speaker of the House of Representatives on or

1151

before January 1, 2013.

1152

     Section 24.  This act shall take effect October 1, 2008.

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