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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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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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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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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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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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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(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
445
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
448
by the United States Bureau of Citizenship and Immigration
449
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
452
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
460
a current priority date for processing by the United States
461
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
464
by an approved I-94, documenting the most recent admittance into
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the United States.
466
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Presentation of any of the documents in subparagraph 7. 6. or
468
subparagraph 8. 7. entitles the applicant to a driver's license
469
or temporary permit for a period not to exceed the expiration
470
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
473
license or driving privilege has ever been disqualified, revoked,
474
or suspended, or whether an application has ever been refused,
475
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
480
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
483
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
491
contribution shall be distributed to the Florida Council of the
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Blind.
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(c)(d) A voluntary contribution of $2 per applicant, which
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shall be distributed to the Hearing Research Institute,
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Incorporated.
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(d)(e) A voluntary contribution of $1 per applicant, which
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shall be distributed to the Juvenile Diabetes Foundation
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International.
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(e)(f) A voluntary contribution of $1 per applicant, which
500
shall be distributed to the Children's Hearing Help Fund.
501
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A statement providing an explanation of the purpose of the trust
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funds shall also be included. For the purpose of applying the
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service charge provided in s. 215.20, contributions received
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under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
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and under s. 322.18(9)(a) are not income of a revenue nature.
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
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specified driver's license services.
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(c) A fee of up to $10.50 may $5.25 is to be charged, in
516
addition to the fees set forth in this chapter, for any driver's
517
license issued or renewed by a tax collector.
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Section 11. Paragraph (a) of subsection (1) of section
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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.
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.
664
not renew the driver's license except in person and upon
665
submission of an identification document authorized under s.
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
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.
789
not change his or her name or address except in person and upon
790
submission of an identification document authorized under s.
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
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
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.
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.
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
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
963
(5) This section supplements the enforcement of s.
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
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.
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
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
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
1134
However, no points shall be imposed for a violation of s.
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.