HB 5067

1	A bill to be entitled
2	An act relating to state infrastructure; amending s.
3	17.61, F.S.; removing the DUI Programs Coordination Trust
4	Fund from the list of funds invested by the Chief
5	Financial Officer; reenacting and amending s. 20.24, F.S.,
6	relating to the establishment of the Department of Highway
7	Safety and Motor Vehicles pursuant to the provisions of
8	the Florida Government Accountability Act; removing a
9	provision for the Bureau of Motor Vehicle Inspection;
10	amending s. 215.20, F.S.; removing the DUI Programs
11	Coordination Trust Fund from the list of funds subject to
12	a specified service charge; amending s. 252.372, F.S.;
13	revising provisions for a surcharge on certain insurance
14	policies; removing a provision directing the proceeds of
15	the surcharge be deposited into the Emergency Management,
16	Preparedness, and Assistance Trust Fund; amending s.
17	290.047, F.S.; revising provisions for certain procurement
18	procedures developed by the Department of Community
19	Affairs for eligible local governments under the Florida
20	Small Cities Community Development Block Grant Program;
21	providing that such procurement procedures may not exceed
22	specified federal requirements; amending s. 316.251, F.S.;
23	conforming a cross-reference to changes made by the act;
24	amending s. 318.18, F.S.; revising the amount of a penalty
25	for failure to pay specified penalties for certain traffic
26	infractions; providing for distribution of the increased
27	amount collected; amending s. 319.001, F.S.; defining the
28	term "certificate of title"; amending s. 319.001, F.S.;
29	defining the term "certificate of title"; amending s.
30	319.40, F.S.; authorizing the issuance of electronic motor
31	vehicle titles in lieu of paper motor vehicle titles;
32	authorizing the department to collect and use e-mail
33	addresses of motor vehicle owners and registrants as a
34	notification method; amending s. 320.02, F.S.; removing a
35	requirement for a motorcycle endorsement at the time of
36	original registration of a motorcycle, motor-driven cycle,
37	or moped; amending s. 320.06, F.S.; providing for
38	distribution of certain moneys collected relating to
39	registration of motor vehicles and mobile homes; amending
40	s. 320.08, F.S.; revises uses of certain motorcycle and
41	moped license tax fees; amending ss. 320.0805 and
42	320.08056, F.S.; providing for disposition of certain
43	specialty license plate processing fees; amending s.
44	320.203, F.S., relating to disposition of biennial license
45	tax moneys; conforming provisions to changes made by the
46	act; amending s. 320.95, F.S.; authorizing the department
47	to collect and use e-mail addresses of motor vehicle
48	owners and registrants as a notification method; amending
49	s. 322.01, F.S.; defining the term "convenience service"
50	for purposes of transactions with the department; revising
51	the definition of the term "conviction" to provide for
52	application to offenses committed by a person holding a
53	commercial driver's license; revising the definition of
54	the terms "hazardous materials" and "out-of-service
55	order"; amending s. 322.025, F.S.; revising provisions for
56	funding of certain driver improvement programs; amending
57	s. 322.0255, F.S.; eliminating requirements for motorcycle
58	safety education course reimbursements; amending s.
59	322.03, F.S.; removing provisions for issuance of a
60	license valid in Florida only; prohibiting a person from
61	holding more than one driver's license; authorizing use of
62	such licenses until next renewal; amending s. 322.051,
63	F.S.; revising requirements for application for issuance
64	or renewal of an identification card; revising provisions
65	providing for the expiration of an identification card
66	issued by the department; amending s. 322.08, F.S.;
67	revising requirements for application for a driver's
68	license; removing a provision requiring the application
69	form to include language permitting a voluntary
70	contribution for the Election Campaign Financing Trust
71	Fund; amending s. 322.14, F.S.; revising provisions for
72	content of a driver's license; requiring the license to
73	contain the licensee's residence address; removing a
74	requirement that the license contain the licensee's
75	mailing address; amending s. 322.15, F.S.; authorizing a
76	law enforcement officer or authorized representative of
77	the department to collect a person's fingerprints
78	electronically; amending s. 322.17, F.S.; revising the
79	requirements for obtaining a replacement license or
80	permit; deleting provisions authorizing the department to
81	issue address stickers; amending s. 322.18, F.S.; revising
82	provisions providing for the expiration and renewal of
83	driver's licenses; providing for the renewal of certain
84	licenses every 8 years; conforming cross-references;
85	providing for the renewal of licenses using a convenience
86	service; requiring the department to issue new licenses
87	rather than extension stickers; repealing s. 322.181,
88	F.S., relating to a study of effects of aging on driving
89	ability; eliminating the Florida At-Risk Driver Council;
90	amending s. 322.19, F.S.; revising provisions for a
91	licensee changing address; removing a provision for the
92	licensee to request a change-of-address sticker;
93	conforming cross-references; amending s. 322.21, F.S.;
94	increasing the service fees for reinstating a suspended or
95	revoked driver's license or commercial motor vehicle
96	license; revising provisions for distribution and use of
97	the funds received; amending s. 322.271, F.S.; authorizing
98	the department to waive the hearing process for a person
99	whose license has been suspended, cancelled, or revoked;
100	providing exceptions; amending s. 322.293, F.S.; requiring
101	that DUI programs be administered by the department and
102	paid for by revenues collected by such programs; providing
103	that such revenues be deposited into the Highway Safety
104	Operating Trust Fund; amending s. 328.30, F.S.;
105	authorizing the use of electronic mail for distribution of
106	vessel titles; authorizing the department to collect and
107	use e-mail addresses of vessel owners and registrants as a
108	notification method; amending s. 328.80, F.S.; authorizing
109	the department to accept certain applications by
110	electronic or telephonic means; authorizing the department
111	to collect and use e-mail addresses of vessel owners and
112	registrants as a notification method; amending s. 334.044,
113	F.S.; revising duties of the Department of Transportation;
114	revising certain roadside beautification provisions;
115	amending s. 338.2216, F.S.; providing contract bid
116	requirements for fuel and food on the turnpike system;
117	amending s. 339.135, F.S.; providing for use of
118	transportation revenues; providing for revised funding
119	levels for Department of Transportation projects; amending
120	s. 501.976, F.S.; conforming cross-references to changes
121	made by the act; amending s. 553.75, F.S.; authorizing the
122	Building Code Commission to utilize communications media
123	technology to conduct meetings; amending ss. 765.5215 and
124	765.5216, F.S.; conforming a cross-reference; providing
125	effective dates.
126
127	Be It Enacted by the Legislature of the State of Florida:
128
129	Section 1.  Paragraph (c) of subsection (3) of section
130	17.61, Florida Statutes, is amended to read:
131	17.61  Chief Financial Officer; powers and duties in the
132	investment of certain funds.--
133	(3)
134	(c)  Except as provided in this paragraph and except for
135	moneys described in paragraph (d), the following agencies shall
136	not invest trust fund moneys as provided in this section, but
137	shall retain such moneys in their respective trust funds for
138	investment, with interest appropriated to the General Revenue
139	Fund, pursuant to s. 17.57:
140	1.  The Agency for Health Care Administration, except for
141	the Tobacco Settlement Trust Fund.
142	2.  The Agency for Persons with Disabilities, except for:
143	a.  The Federal Grants Trust Fund.
144	b.  The Tobacco Settlement Trust Fund.
145	3.  The Department of Children and Family Services, except
146	for:
147	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
148	b.  The Refugee Assistance Trust Fund.
149	c.  The Social Services Block Grant Trust Fund.
150	d.  The Tobacco Settlement Trust Fund.
151	e.  The Working Capital Trust Fund.
152	4.  The Department of Community Affairs, only for the
153	Operating Trust Fund.
154	5.  The Department of Corrections.
155	6.  The Department of Elderly Affairs, except for:
156	a.  The Federal Grants Trust Fund.
157	b.  The Tobacco Settlement Trust Fund.
158	7.  The Department of Health, except for:
159	a.  The Federal Grants Trust Fund.
160	b.  The Grants and Donations Trust Fund.
161	c.  The Maternal and Child Health Block Grant Trust Fund.
162	d.  The Tobacco Settlement Trust Fund.
163	8.  The Department of Highway Safety and Motor Vehicles,
164	only for:
165	a.  The DUI Programs Coordination Trust Fund.
166	b.  the Security Deposits Trust Fund.
167	9.  The Department of Juvenile Justice.
168	10.  The Department of Law Enforcement.
169	11.  The Department of Legal Affairs.
170	12.  The Department of State, only for:
171	a.  The Grants and Donations Trust Fund.
172	b.  The Records Management Trust Fund.
173	13.  The Executive Office of the Governor, only for:
174	a.  The Economic Development Transportation Trust Fund.
175	b.  The Economic Development Trust Fund.
176	14.  The Florida Public Service Commission, only for the
177	Florida Public Service Regulatory Trust Fund.
178	15.  The Justice Administrative Commission.
179	16.  The state courts system.
180	Section 2.  Section 20.24, Florida Statutes, is reenacted
181	and amended to read:
182	20.24  Department of Highway Safety and Motor
183	Vehicles.--There is created a Department of Highway Safety and
184	Motor Vehicles.
185	(1)  The head of the Department of Highway Safety and Motor
186	Vehicles is the Governor and Cabinet.
187	(2)  The following divisions, and bureaus within the
188	divisions, of the Department of Highway Safety and Motor
189	Vehicles are established:
190	(a)  Division of the Florida Highway Patrol.
191	(b)  Division of Driver Licenses.
192	(c)  Division of Motor Vehicles.
193	1.  Bureau of Motor Vehicle Inspection.
194	Section 3.  Paragraphs (m) through (x) of subsection (4) of
195	section 215.20, Florida Statutes, as amended by section 3 of
196	chapter 2007-14, Laws of Florida, are amended to read:
197	215.20  Certain income and certain trust funds to
198	contribute to the General Revenue Fund.--
199	(4)  The income of a revenue nature deposited in the
200	following described trust funds, by whatever name designated, is
201	that from which the appropriations authorized by subsection (3)
202	shall be made:
203	(m)  Within the Department of Highway Safety and Motor
204	Vehicles, the DUI Programs Coordination Trust Fund.
205	(m)(n)  Within the Department of Legal Affairs, the Crimes
206	Compensation Trust Fund.
207	(n)(o)  Within the Department of Management Services:
208	1.  The Administrative Trust Fund.
209	2.  The Architects Incidental Trust Fund.
210	3.  The Bureau of Aircraft Trust Fund.
211	4.  The Florida Facilities Pool Working Capital Trust Fund.
212	5.  The Grants and Donations Trust Fund.
213	6.  The Police and Firefighters' Premium Tax Trust Fund.
214	7.  The Public Employees Relations Commission Trust Fund.
215	8.  The State Personnel System Trust Fund.
216	9.  The Supervision Trust Fund.
217	10.  The Working Capital Trust Fund.
218	(o)(p)  Within the Department of Revenue:
219	1.  The Additional Court Cost Clearing Trust Fund.
220	2.  The Administrative Trust Fund.
221	3.  The Certification Program Trust Fund.
222	4.  The Fuel Tax Collection Trust Fund.
223	5.  The Local Alternative Fuel User Fee Clearing Trust
224	Fund.
225	6.  The Local Option Fuel Tax Trust Fund.
226	7.  The Motor Vehicle Rental Surcharge Clearing Trust Fund.
227	8.  The Motor Vehicle Warranty Trust Fund.
228	9.  The Oil and Gas Tax Trust Fund.
229	10.  The Operations Trust Fund.
230	11.  The Severance Tax Solid Mineral Trust Fund.
231	12.  The State Alternative Fuel User Fee Clearing Trust
232	Fund.
233	13.  All taxes levied on motor fuels other than gasoline
234	levied pursuant to the provisions of s. 206.87(1)(a).
235	(p)(q)  Within the Department of State:
236	1.  The Records Management Trust Fund.
237	2.  The trust funds administered by the Division of
238	Historical Resources.
239	(q)(r)  Within the Department of Transportation, all income
240	derived from outdoor advertising and overweight violations which
241	is deposited in the State Transportation Trust Fund.
242	(r)(s)  Within the Department of Veterans' Affairs:
243	1.  The Grants and Donations Trust Fund.
244	2.  The Operations and Maintenance Trust Fund.
245	3.  The State Homes for Veterans Trust Fund.
246	(s)(t)  Within the Division of Administrative Hearings, the
247	Administrative Trust Fund.
248	(t)(u)  Within the Fish and Wildlife Conservation
249	Commission:
250	1.  The Conservation and Recreation Lands Program Trust
251	Fund.
252	2.  The Florida Panther Research and Management Trust Fund.
253	3.  The Land Acquisition Trust Fund.
254	4.  The Marine Resources Conservation Trust Fund, with the
255	exception of those fees collected for recreational saltwater
256	fishing licenses as provided in s. 372.57.
257	(u)(v)  Within the Florida Public Service Commission, the
258	Florida Public Service Regulatory Trust Fund.
259	(v)(w)  Within the Justice Administrative Commission, the
260	Indigent Criminal Defense Trust Fund.
261	(w)(x)  Within the Office of Financial Regulation of the
262	Financial Services Commission:
263	1.  The Administrative Trust Fund.
264	2.  The Anti-Fraud Trust Fund.
265	3.  The Financial Institutions' Regulatory Trust Fund.
266	4.  The Regulatory Trust Fund.
267
268	The enumeration of the foregoing moneys or trust funds shall not
269	prohibit the applicability thereto of s. 215.24 should the
270	Governor determine that for the reasons mentioned in s. 215.24
271	the money or trust funds should be exempt herefrom, as it is the
272	purpose of this law to exempt income from its force and effect
273	when, by the operation of this law, federal matching funds or
274	contributions or private grants to any trust fund would be lost
275	to the state.
276	Section 4.  Section 252.372, Florida Statutes, is amended
277	to read:
278	252.372  Imposition and collection of surcharge.--In order
279	to provide funds for emergency management, preparedness, and
280	assistance, an annual surcharge of $2 per policy shall be
281	imposed on every homeowner's, mobile home owner's, tenant
282	homeowner's, and condominium unit owner's policy, and an annual
283	$4 surcharge shall be imposed on every commercial fire,
284	commercial multiple peril, and business owner's property
285	insurance policy, issued or renewed on or after May 1, 1993. The
286	surcharge shall be paid by the policyholder to the insurer. The
287	insurer shall collect the surcharge and remit it to the
288	Department of Revenue, which shall collect, administer, audit,
289	and enforce the surcharge pursuant to s. 624.5092. The surcharge
290	is not to be considered premiums of the insurer; however,
291	nonpayment of the surcharge by the insured may be a valid reason
292	for cancellation of the policy. For those policies in which the
293	surplus lines tax and the service fee are collected and remitted
294	to the Surplus Lines Service Office, as created under s.
295	626.921, the surcharge must be remitted to the service office at
296	the same time as the surplus lines tax is remitted. All
297	penalties for failure to remit the surplus lines tax and service
298	fee are applicable for those surcharges required to be remitted
299	to the service office. The service office shall deposit all
300	surcharges that it collects into the Emergency Management,
301	Preparedness, and Assistance Trust Fund at least monthly. All
302	proceeds of the surcharge shall be deposited in the Emergency
303	Management, Preparedness, and Assistance Trust Fund and may not
304	be used to supplant existing funding.
305	Section 5.  Subsection (4) of section 290.047, Florida
306	Statutes, is amended to read:
307	290.047  Establishment of grant ceilings and maximum
308	administrative cost percentages; elimination of population bias;
309	loans in default.--
310	(4)  The department shall develop by rule grant
311	administration procurement procedures for eligible local
312	governments. The procedures established in such rule shall not
313	exceed the restrictions or requirements contained in 24 C.F.R.
314	part 85. These procedures shall include, but not be limited to,
315	the evaluation of an individual or business entity based upon
316	past performance in the administration of community development
317	block grants and based upon the type, number, and geographic
318	distribution of grants to be administered.
319	Section 6.  Subsection (2) of section 316.251, Florida
320	Statutes, is amended to read:
321	316.251  Maximum bumper heights.--
322	(2)  "New motor vehicles" as defined in s. 319.001(9)(8),
323	"antique automobiles" as defined in s. 320.08, "horseless
324	carriages" as defined in s. 320.086, and "street rods" as
325	defined in s. 320.0863 shall be excluded from the requirements
326	of this section.
327	Section 7.  Paragraph (a) of subsection (8) of section
328	318.18, Florida Statutes, is amended to read:
329	318.18  Amount of penalties.--The penalties required for a
330	noncriminal disposition pursuant to s. 318.14 or a criminal
331	offense listed in s. 318.17 are as follows:
332	(8)(a)  Any person who fails to comply with the court's
333	requirements or who fails to pay the civil penalties specified
334	in this section within the 30-day period provided for in s.
335	318.14 must pay an additional civil penalty of $16 $12, $2.50 of
336	which must be remitted to the Department of Revenue for deposit
337	in the General Revenue Fund, and $13.50 $9.50 of which must be
338	remitted to the Department of Revenue for deposit in the Highway
339	Safety Operating Trust Fund. The department shall contract with
340	the Florida Association of Court Clerks, Inc., to design,
341	establish, operate, upgrade, and maintain an automated statewide
342	Uniform Traffic Citation Accounting System to be operated by the
343	clerks of the court which shall include, but not be limited to,
344	the accounting for traffic infractions by type, a record of the
345	disposition of the citations, and an accounting system for the
346	fines assessed and the subsequent fine amounts paid to the
347	clerks of the court. On or before December 1, 2001, the clerks
348	of the court must provide the information required by this
349	chapter to be transmitted to the department by electronic
350	transmission pursuant to the contract.
351	Section 8.  Subsections (1) through (11) of section
352	319.001, Florida Statutes, are renumbered as subsections (2)
353	through (12), respectively, and a new subsection (1) is added to
354	that section to read:
355	319.001  Definitions.--As used in this chapter, the term:
356	(1)  "Certificate of title" means the record that is
357	evidence of ownership of a vehicle, whether a paper certificate
358	authorized by the department or a certificate consisting of
359	information that is stored in an electronic form in the
360	department's database.
361	Section 9.  Section 319.40, Florida Statutes, is amended to
362	read:
363	319.40  Transactions by electronic or telephonic means.--
364	(1)  The department is authorized to accept any application
365	provided for under this chapter by electronic or telephonic
366	means.
367	(2)  The department may issue an electronic certificate of
368	title in lieu of printing a paper title.
369	(3)  The department may collect and use e-mail addresses of
370	motor vehicle owners and registrants as a notification method in
371	lieu of the United States Postal Service.
372	Section 10.  Effective July 1, 2008, subsection (1) of
373	section 320.02, Florida Statutes, as amended by section 28 of
374	chapter 2006-290, Laws of Florida, is amended to read:
375	320.02  Registration required; application for
376	registration; forms.--
377	(1)  Except as otherwise provided in this chapter, every
378	owner or person in charge of a motor vehicle that is operated or
379	driven on the roads of this state shall register the vehicle in
380	this state. The owner or person in charge shall apply to the
381	department or to its authorized agent for registration of each
382	such vehicle on a form prescribed by the department. Prior to
383	the original registration of a motorcycle, motor-driven cycle,
384	or moped, the owner, if a natural person, must present proof
385	that he or she has a valid motorcycle endorsement as required in
386	chapter 322. A registration is not required for any motor
387	vehicle that is not operated on the roads of this state during
388	the registration period.
389	Section 11.  Paragraph (b) of subsection (3) of section
390	320.06, Florida Statutes, is amended to read:
391	320.06  Registration certificates, license plates, and
392	validation stickers generally.--
393	(3)
394	(b)  An additional fee of 50 cents shall be collected and
395	deposited into the Highway Safety Operating Trust Fund on each
396	motor vehicle registration or motor vehicle renewal registration
397	issued in this state in order that all license plates and
398	validation stickers be fully treated with retroreflective
399	material.
400	Section 12.  Effective upon this act becoming a law,
401	paragraph (c) of subsection (1) of section 320.08, Florida
402	Statutes is amended to read:
403	320.08  License taxes.--Except as otherwise provided
404	herein, there are hereby levied and imposed annual license taxes
405	for the operation of motor vehicles, mopeds, motorized bicycles
406	as defined in s. 316.003(2), and mobile homes, as defined in s.
407	320.01, which shall be paid to and collected by the department
408	or its agent upon the registration or renewal of registration of
409	the following:
410	(1)  MOTORCYCLES and MOPEDS.--
411	(c)  Upon registration of any motorcycle, motor-driven
412	cycle, or moped there shall be paid in addition to the license
413	taxes specified in this subsection a nonrefundable motorcycle
414	safety education fee in the amount of $2.50. The proceeds of
415	such additional fee shall be deposited in the Highway Safety
416	Operating Trust Fund and be used exclusively to fund a
417	motorcycle driver improvement program implemented pursuant to s.
418	322.025 or the Florida Motorcycle Safety Education Program
419	established in s. 322.0255 or the general operations of the
420	department.
421	Section 13.  Subsection (2) of section 320.0805, Florida
422	Statutes, is amended to read:
423	320.0805  Personalized prestige license plates.--
424	(2)  Each request for specific numbers or letters or
425	combinations thereof shall be submitted annually to the
426	department on an application form supplied by the department,
427	accompanied by the following tax and fees:
428	(a)  The license tax required for the vehicle, as set forth
429	in s. 320.08.;
430	(b)  A prestige plate annual use fee of $10.; and
431	(c)  A processing fee of $2, to be deposited into the
432	Highway Safety Operating Trust Fund.
433	Section 14.  Paragraph (b) of subsection (3) of section
434	320.08056, Florida Statutes, is amended to read:
435	320.08056  Specialty license plates.--
436	(3)  Each request must be made annually to the department,
437	accompanied by the following tax and fees:
438	(b)  A processing fee of $2, to be deposited into the
439	Highway Safety Operating Trust Fund.
440
441	A request may be made any time during a registration period. If
442	a request is made for a specialty license plate to replace a
443	current valid license plate, the specialty license plate must be
444	issued with appropriate decals attached at no tax for the plate,
445	but all fees and service charges must be paid. When a request is
446	made for a specialty license plate at the beginning of the
447	registration period, the tax, together with all applicable fees
448	and service charges, must be paid.
449	Section 15.  Subsection (1) of section 320.203, Florida
450	Statutes, is amended to read:
451	320.203  Disposition of biennial license tax moneys.--
452	(1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
453	(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
454	and pursuant to s. 216.351, after the provisions of s.
455	320.20(1), (2), (3), and (4), and (5) are fulfilled, an amount
456	equal to 50 percent of revenues collected from the biennial
457	registrations created in s. 320.07 shall be retained in the
458	Motor Vehicle License Clearing Trust Fund, authorized in s.
459	215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
460	fiscal year, an amount equal to 50 percent of revenues collected
461	from the biennial registrations created in s. 320.07 shall be
462	distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
463	(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
464	320.20(1), (2), (3), and (4), and (5).
465	Section 16.  Section 320.95, Florida Statutes, is amended
466	to read:
467	320.95  Transactions by electronic or telephonic means.--
468	(1)  The department is authorized to accept any application
469	provided for under this chapter by electronic or telephonic
470	means.
471	(2)  The department may collect and use e-mail addresses of
472	motor vehicle owners and registrants as a notification method in
473	lieu of the United States Postal Service.
474	Section 17.  Subsections (10) through (44) of section
475	322.01, Florida Statutes, are renumbered as subsections (11)
476	through (45), respectively, present subsections (10), (23), and
477	(29) are amended, and a new subsection (10) is added to that
478	section, to read:
479	322.01  Definitions.--As used in this chapter:
480	(10)  "Convenience service" means any means whereby an
481	individual conducts a transaction with the department other than
482	in person.
483	(11)(10)(a)  "Conviction" means a conviction of an offense
484	relating to the operation of motor vehicles on highways which is
485	a violation of this chapter or any other such law of this state
486	or any other state, including an admission or determination of a
487	noncriminal traffic infraction pursuant to s. 318.14, or a
488	judicial disposition of an offense committed under any federal
489	law substantially conforming to the aforesaid state statutory
490	provisions.
491	(b)  Notwithstanding any other provisions of this chapter,
492	the definition of "conviction" provided in 49 C.F.R. part 383.5
493	applies to offenses committed in a commercial motor vehicle or
494	by a person holding a commercial driver's license.
495	(24)(23)  "Hazardous materials" means any material that has
496	been designated as hazardous under 49 U.S.C. s. 5103 and is
497	required to be placarded under subpart F of 49 C.F.R. part 172
498	or any quantity of a material listed as a select agent or toxin
499	in 42 C.F.R. part 73 has the meaning such term has under s. 103
500	of the Hazardous Materials Transportation Act.
501	(30)(29)  "Out-of-service order" means a prohibition issued
502	by an authorized local, state, or Federal Government official
503	which precludes a person from driving a commercial motor vehicle
504	for a period of 72 hours or less.
505	Section 18.  Subsection (1) of section 322.025, Florida
506	Statutes, is amended to read:
507	322.025  Driver improvement.--
508	(1)  The department may implement programs to improve the
509	driving ability of the drivers of this state. Such programs may
510	include, but shall not be limited to, safety awareness
511	campaigns, driver training, and licensing improvement.
512	Motorcycle driver improvement programs implemented pursuant to
513	this section or s. 322.0255 may shall be funded by the
514	motorcycle safety education fee collected pursuant to s.
515	320.08(1)(c), which shall be deposited in the Highway Safety
516	Operating Trust Fund of the department and appropriated for that
517	purpose.
518	Section 19.  Effective upon this act becoming a law,
519	subsections (5), (6), (7), and (8) of section 322.0255, Florida
520	Statutes, are amended to read:
521	322.0255  Florida Motorcycle Safety Education Program.--
522	(5)  The department shall, subject to the availability of
523	funds, reimburse each organization that provides an approved
524	motorcycle safety education course for each student who begins
525	the on-cycle portion of the course. This shall include any
526	student not required to attend a motorcycle safety education
527	course prior to licensure as required in s. 322.12. The amount
528	to be reimbursed per student to each course provider shall be
529	determined by the department. In order to facilitate such
530	determination, each course provider shall be required to submit
531	proof satisfactory to the department of the expected cost per
532	student to be incurred by such course provider. In no event
533	shall the amount to be reimbursed per student to any course
534	provider exceed the expected cost per student. In addition to
535	the amount of any reimbursement, each course provider that
536	conducts such a course may charge each student a tuition fee
537	sufficient to defray the cost of conducting the course. The
538	department shall fund the payments required under this
539	subsection from the motorcycle safety education fee, as provided
540	in ss. 320.08 and 322.025.
541	(5)(6)  Each organization that provides an approved
542	motorcycle safety course may charge a registration fee, not to
543	exceed $20 per student. This fee must be refunded if the student
544	completes the course. However, any student who registers for,
545	and does not complete, the course must forfeit his or her
546	registration fee. Forfeited fees may be retained by the
547	organization that conducts the course.
548	(6)(7)  The department may adopt rules to implement this
549	section.
550	(7)(8)  On and after January 1, 1989, every first-time
551	applicant for licensure to operate a motorcycle who is under 21
552	years of age shall be required to complete a motorcycle
553	education course as established pursuant to this section. Proof
554	of completion of such education course shall be presented to the
555	driver license examining office prior to such licensure to
556	operate a motorcycle.
557	Section 20.  Effective October 1, 2008, subsection (1) of
558	section 322.03, Florida Statutes, is amended to read:
559	322.03  Drivers must be licensed; penalties.--
560	(1)  Except as otherwise authorized in this chapter, a
561	person may not drive any motor vehicle upon a highway in this
562	state unless such person has a valid driver's license under the
563	provisions of this chapter.
564	(a)  A person who drives a commercial motor vehicle shall
565	not receive a driver's license unless and until he or she
566	surrenders to the department all driver's licenses in his or her
567	possession issued to him or her by any other jurisdiction or
568	makes an affidavit that he or she does not possess a driver's
569	license. Any such person who fails to surrender such licenses or
570	who makes a false affidavit concerning such licenses is guilty
571	of a misdemeanor of the first degree, punishable as provided in
572	s. 775.082 or s. 775.083.
573	(b)  A person who does not drive a commercial motor vehicle
574	is not required to surrender a license issued by another
575	jurisdiction, upon a showing to the department that such license
576	is necessary because of employment or part-time residence. Any
577	person who retains a driver's license because of employment or
578	part-time residence shall, upon qualifying for a license in this
579	state, be issued a driver's license which shall be valid within
580	this state only. All surrendered licenses may be returned by the
581	department to the issuing jurisdiction together with information
582	that the licensee is now licensed in a new jurisdiction or may
583	be destroyed by the department, which shall notify the issuing
584	jurisdiction of such destruction. A person may not have more
585	than one valid Florida driver's license at any time.
586	(c)  Part-time residents issued a license that is valid
587	within this state only pursuant to paragraph (b) as that
588	paragraph existed prior to October 1, 2008, may continue to hold
589	such license until the next regularly scheduled renewal.
590	Licenses that are identified as "Valid in Florida only" may not
591	be issued or renewed effective July 1, 2009. This paragraph
592	expires June 30, 2017.
593	Section 21.  Effective October 1, 2008, subsections (1),
594	(2), and (3) of section 322.051, Florida Statutes, are amended
595	to read:
596	322.051  Identification cards.--
597	(1)  Any person who is 5 years of age or older, or any
598	person who has a disability, regardless of age, who applies for
599	a disabled parking permit under s. 320.0848, may be issued an
600	identification card by the department upon completion of an
601	application and payment of an application fee.
602	(a)  Each such application shall include the following
603	information regarding the applicant:
604	1.  Full name (first, middle or maiden, and last), gender,
605	proof of social security card number satisfactory to the
606	department, county of residence, and mailing address, proof of
607	residential address satisfactory to the department, country of
608	birth, and a brief description.
609	2.  Proof of birth date satisfactory to the department.
610	3.  Proof of identity satisfactory to the department. Such
611	proof must include one of the following documents issued to the
612	applicant:
613	a.  A driver's license record or identification card record
614	from another jurisdiction that required the applicant to submit
615	a document for identification which is substantially similar to
616	a document required under sub-subparagraph b., sub-subparagraph
617	c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
618	f., or sub-subparagraph g., or sub-subparagraph h.;
619	b.  A certified copy of a United States birth certificate;
620	c.  A valid, unexpired United States passport;
621	d.  A naturalization certificate issued by the United
622	States Department of Homeland Security;
623	e.  A valid, unexpired An alien registration receipt card
624	(green card);
625	f.  A Consular Report of Birth Abroad provided by the
626	United States Department of State;
627	g.f.  An unexpired employment authorization card issued by
628	the United States Department of Homeland Security; or
629	h.g.  Proof of nonimmigrant classification provided by the
630	United States Department of Homeland Security, for an original
631	identification card. In order to prove such nonimmigrant
632	classification, applicants may produce but are not limited to
633	the following documents:
634	(I)  A notice of hearing from an immigration court
635	scheduling a hearing on any proceeding.
636	(II)  A notice from the Board of Immigration Appeals
637	acknowledging pendency of an appeal.
638	(III)  Notice of the approval of an application for
639	adjustment of status issued by the United States Bureau of
640	Citizenship and Immigration Services.
641	(IV)  Any official documentation confirming the filing of a
642	petition for asylum or refugee status or any other relief issued
643	by the United States Bureau of Citizenship and Immigration
644	Services.
645	(V)  Notice of action transferring any pending matter from
646	another jurisdiction to Florida, issued by the United States
647	Bureau of Citizenship and Immigration Services.
648	(VI)  Order of an immigration judge or immigration officer
649	granting any relief that authorizes the alien to live and work
650	in the United States including, but not limited to asylum.
651	(VII)  Evidence that an application is pending for
652	adjustment of status to that of an alien lawfully admitted for
653	permanent residence in the United States or conditional
654	permanent resident status in the United States, if a visa number
655	is available having a current priority date for processing by
656	the United States Bureau of Citizenship and Immigration
657	Services.
658	(VIII)  On or after January 1, 2010, an unexpired foreign
659	passport with an unexpired United States Visa affixed,
660	accompanied by an approved I-94, documenting the most recent
661	admittance into the United States.
662
663	Presentation of any of the documents described in sub-
664	subparagraph g. f. or sub-subparagraph h. g. entitles the
665	applicant to an identification card for a period not to exceed
666	the expiration date of the document presented or 1 year,
667	whichever first occurs.
668	(b)  An application for an identification card must be
669	signed and verified by the applicant in a format designated by
670	the department before a person authorized to administer oaths
671	and payment of the applicable fee pursuant to s. 322.21. The fee
672	for an identification card is $3, including payment for the
673	color photograph or digital image of the applicant.
674	(c)  Each such applicant may include fingerprints and any
675	other unique biometric means of identity.
676	(2)(a)  Every identification card:
677	1.  Issued to a person 5 years of age to 14 years of age
678	shall expire, unless canceled earlier, on the fourth birthday of
679	the applicant following the date of original issue.
680	2.  Issued to a person 15 years of age and older shall
681	expire, unless canceled earlier, on the eighth birthday of the
682	applicant following the date of original issue.
683
684	Renewal of an identification card shall be made for the
685	applicable term enumerated in this paragraph. However, if an
686	individual is 60 years of age or older, and has an
687	identification card issued under this section, the card shall
688	not expire unless done so by cancellation by the department or
689	by the death of the cardholder. Renewal of any identification
690	card shall be made for a term which shall expire on the fourth
691	birthday of the applicant following expiration of the
692	identification card renewed, unless surrendered earlier. Any
693	application for renewal received later than 90 days after
694	expiration of the identification card shall be considered the
695	same as an application for an original identification card. The
696	renewal fee for an identification card shall be $10, of which $4
697	shall be deposited into the General Revenue Fund and $6 into the
698	Highway Safety Operating Trust Fund. The department shall, at
699	the end of 4 years and 6 months after the issuance or renewal of
700	an identification card, destroy any record of the card if it has
701	expired and has not been renewed, unless the cardholder is 60
702	years of age or older.
703	(b)  Notwithstanding any other provision of this chapter,
704	if an applicant establishes his or her identity for an
705	identification card using a document authorized under sub-
706	subparagraph (1)(a)3.e., the identification card shall expire on
707	the eighth fourth birthday of the applicant following the date
708	of original issue or upon first renewal or duplicate issued
709	after implementation of this section. After an initial showing
710	of such documentation, he or she is exempted from having to
711	renew or obtain a duplicate in person.
712	(c)  Notwithstanding any other provisions of this chapter,
713	if an applicant establishes his or her identity for an
714	identification card using an identification document authorized
715	under sub-subparagraph (1)(a)3.g. (1)(a)3.f. or sub-subparagraph
716	(1)(a)3.h. (1)(a)3.g., the identification card shall expire 1
717	year 2 years after the date of issuance or upon the expiration
718	date cited on the United States Department of Homeland Security
719	documents, whichever date first occurs, and may not be renewed
720	or obtain a duplicate except in person.
721	(3)  If an identification card issued under this section is
722	lost, destroyed, or mutilated or a new name is acquired, the
723	person to whom it was issued may obtain a duplicate upon
724	furnishing satisfactory proof of such fact to the department and
725	upon payment of the applicable fee pursuant to s. 322.21 a fee
726	of $10 for such duplicate, $2.50 of which shall be deposited
727	into the General Revenue Fund and $7.50 into the Highway Safety
728	Operating Trust Fund. The fee shall include payment for the
729	color photograph or digital image of the applicant. Any person
730	who loses an identification card and who, after obtaining a
731	duplicate, finds the original card shall immediately surrender
732	the original card to the department. The same documentary
733	evidence shall be furnished for a duplicate as for an original
734	identification card.
735	Section 22.  Effective October 1, 2008, subsections (1),
736	(2), and (6) of section 322.08, Florida Statutes, are amended to
737	read:
738	322.08  Application for license.--
739	(1)  Each application for a driver's license shall be made
740	in a format designated by the department and sworn to or
741	affirmed by the applicant as to the truth of the statements made
742	in the application.
743	(2)  Each such application shall include the following
744	information regarding the applicant:
745	(a)  Full name (first, middle or maiden, and last), gender,
746	proof of social security card number satisfactory to the
747	department, county of residence, and mailing address, proof of
748	residential address satisfactory to the department, country of
749	birth, and a brief description.
750	(b)  Proof of birth date satisfactory to the department.
751	(c)  Proof of identity satisfactory to the department. Such
752	proof must include one of the following documents issued to the
753	applicant:
754	1.  A driver's license record or identification card record
755	from another jurisdiction that required the applicant to submit
756	a document for identification which is substantially similar to
757	a document required under subparagraph 2., subparagraph 3.,
758	subparagraph 4., subparagraph 5., subparagraph 6., or
759	subparagraph 7., or subparagraph 8.;
760	2.  A certified copy of a United States birth certificate;
761	3.  A valid, unexpired United States passport;
762	4.  A naturalization certificate issued by the United
763	States Department of Homeland Security;
764	5.  A valid, unexpired An alien registration receipt card
765	(green card);
766	6.  A Consular Report of Birth Abroad provided by the
767	United States Department of State;
768	7.6.  An unexpired employment authorization card issued by
769	the United States Department of Homeland Security; or
770	8.7.  Proof of nonimmigrant classification provided by the
771	United States Department of Homeland Security, for an original
772	driver's license. In order to prove nonimmigrant classification,
773	an applicant may produce the following documents, including, but
774	not limited to:
775	a.  A notice of hearing from an immigration court
776	scheduling a hearing on any proceeding.
777	b.  A notice from the Board of Immigration Appeals
778	acknowledging pendency of an appeal.
779	c.  A notice of the approval of an application for
780	adjustment of status issued by the United States Bureau of
781	Citizenship and Immigration Services.
782	d.  Any official documentation confirming the filing of a
783	petition for asylum or refugee status or any other relief issued
784	by the United States Bureau of Citizenship and Immigration
785	Services.
786	e.  A notice of action transferring any pending matter from
787	another jurisdiction to this state issued by the United States
788	Bureau of Citizenship and Immigration Services.
789	f.  An order of an immigration judge or immigration officer
790	granting any relief that authorizes the alien to live and work
791	in the United States, including, but not limited to, asylum.
792	g.  Evidence that an application is pending for adjustment
793	of status to that of an alien lawfully admitted for permanent
794	residence in the United States or conditional permanent resident
795	status in the United States, if a visa number is available
796	having a current priority date for processing by the United
797	States Bureau of Citizenship and Immigration Services.
798	h.  On or after January 1, 2010, an unexpired foreign
799	passport with an unexpired United States Visa affixed,
800	accompanied by an approved I-94, documenting the most recent
801	admittance into the United States.
802
803	Presentation of any of the documents in subparagraph 7. 6. or
804	subparagraph 8. 7. entitles the applicant to a driver's license
805	or temporary permit for a period not to exceed the expiration
806	date of the document presented or 1 year, whichever occurs
807	first.
808	(d)  Whether the applicant has previously been licensed to
809	drive, and, if so, when and by what state, and whether any such
810	license or driving privilege has ever been disqualified,
811	revoked, or suspended, or whether an application has ever been
812	refused, and, if so, the date of and reason for such
813	disqualification, suspension, revocation, or refusal.
814	(e)  Each such application may include fingerprints and
815	other unique biometric means of identity.
816	(6)  The application form for a driver's license or
817	duplicate thereof shall include language permitting the
818	following:
819	(a)  A voluntary contribution of $5 per applicant, which
820	contribution shall be transferred into the Election Campaign
821	Financing Trust Fund.
822	(a)(b)  A voluntary contribution of $1 per applicant, which
823	contribution shall be deposited into the Florida Organ and
824	Tissue Donor Education and Procurement Trust Fund for organ and
825	tissue donor education and for maintaining the organ and tissue
826	donor registry.
827	(b)(c)  A voluntary contribution of $1 per applicant, which
828	contribution shall be distributed to the Florida Council of the
829	Blind.
830	(c)(d)  A voluntary contribution of $2 per applicant, which
831	shall be distributed to the Hearing Research Institute,
832	Incorporated.
833	(d)(e)  A voluntary contribution of $1 per applicant, which
834	shall be distributed to the Juvenile Diabetes Foundation
835	International.
836	(e)(f)  A voluntary contribution of $1 per applicant, which
837	shall be distributed to the Children's Hearing Help Fund.
838
839	A statement providing an explanation of the purpose of the trust
840	funds shall also be included. For the purpose of applying the
841	service charge provided in s. 215.20, contributions received
842	under paragraphs (b), (c), (d), and (e) (c), (d), (e), and (f)
843	and under s. 322.18(9)(a) are not income of a revenue nature.
844	Section 23.  Effective October 1, 2008, paragraph (a) of
845	subsection (1) of section 322.14, Florida Statutes, is amended
846	to read:
847	322.14  Licenses issued to drivers.--
848	(1)(a)  The department shall, upon successful completion of
849	all required examinations and payment of the required fee, issue
850	to every applicant qualifying therefor, a driver's license as
851	applied for, which license shall bear thereon a color photograph
852	or digital image of the licensee; the name of the state; a
853	distinguishing number assigned to the licensee; and the
854	licensee's full name, date of birth, and residence mailing
855	address; a brief description of the licensee, including, but not
856	limited to, the licensee's gender and height; and the dates of
857	issuance and expiration of the license. A space shall be
858	provided upon which the licensee shall affix his or her usual
859	signature. No license shall be valid until it has been so signed
860	by the licensee except that the signature of said licensee shall
861	not be required if it appears thereon in facsimile or if the
862	licensee is not present within the state at the time of
863	issuance. Applicants qualifying to receive a Class A, Class B,
864	or Class C driver's license must appear in person within the
865	state for issuance of a color photographic or digital imaged
866	driver's license pursuant to s. 322.142.
867	Section 24.  Effective October 1, 2008, section 322.15,
868	Florida Statutes, is amended to read:
869	322.15  License to be carried and exhibited on demand;
870	fingerprint to be imprinted upon a citation.--
871	(1)  Every licensee shall have his or her driver's license,
872	which must be fully legible with no portion of such license
873	faded, altered, mutilated, or defaced, in his or her immediate
874	possession at all times when operating a motor vehicle and shall
875	display the same upon the demand of a law enforcement officer or
876	an authorized representative of the department.
877	(2)  Upon the failure of any person to display a driver's
878	license as required by subsection (1), the law enforcement
879	officer or authorized representative of the department stopping
880	the person shall require the person to imprint his or her
881	fingerprints fingerprint upon any citation issued by the officer
882	or authorized representative, or the officer or authorized
883	representative shall collect the fingerprints electronically.
884	(3)  In relation to violations of subsection (1) or s.
885	322.03(5), persons who cannot supply proof of a valid driver's
886	license for the reason that the license was suspended for
887	failure to comply with that citation shall be issued a
888	suspension clearance by the clerk of the court for that citation
889	upon payment of the applicable penalty and fee for that
890	citation. If proof of a valid driver's license is not provided
891	to the clerk of the court within 30 days, the person's driver's
892	license shall again be suspended for failure to comply.
893	(4)  A violation of subsection (1) is a noncriminal traffic
894	infraction, punishable as a nonmoving violation as provided in
895	chapter 318.
896	Section 25.  Effective October 1, 2008, section 322.17,
897	Florida Statutes, is amended to read:
898	322.17  Replacement licenses and permits Duplicate and
899	replacement certificates.--
900	(1)(a)  In the event that an instruction permit or driver's
901	license issued under the provisions of this chapter is lost or
902	destroyed, the person to whom the same was issued may, upon
903	payment of the appropriate fee pursuant to s. 322.21 $10, obtain
904	a replacement duplicate, or substitute thereof, upon furnishing
905	proof satisfactory to the department that such permit or license
906	has been lost or destroyed, and further furnishing the full
907	name, date of birth, sex, residence and mailing address, proof
908	of birth satisfactory to the department, and proof of identity
909	satisfactory to the department. Five dollars of the fee levied
910	in this paragraph shall go to the Highway Safety Operating Trust
911	Fund of the department.
912	(b)  In the event that an instruction permit or driver's
913	license issued under the provisions of this chapter is stolen,
914	the person to whom the same was issued may, at no charge, obtain
915	a replacement duplicate, or substitute thereof, upon furnishing
916	proof satisfactory to the department that such permit or license
917	was stolen and further furnishing the full name, date of birth,
918	sex, residence and mailing address, proof of birth satisfactory
919	to the department, and proof of identity satisfactory to the
920	department.
921	(2)  Upon the surrender of the original license and the
922	payment of the appropriate fee pursuant to s. 322.21 a $10
923	replacement fee, the department shall issue a replacement
924	license to make a change in name, address, or restrictions. Upon
925	written request by the licensee and notification of a change in
926	address, and the payment of a $10 fee, the department shall
927	issue an address sticker which shall be affixed to the back of
928	the license by the licensee. Nine dollars of the fee levied in
929	this subsection shall go to the Highway Safety Operating Trust
930	Fund of the department.
931	(3)  Notwithstanding any other provisions of this chapter,
932	if a licensee establishes his or her identity for a driver's
933	license using an identification document authorized under s.
934	322.08(2)(c)7. or 8. s. 322.08(2)(c)6. or 7., the licensee may
935	not obtain a duplicate or replacement instruction permit or
936	driver's license except in person and upon submission of an
937	identification document authorized under s. 322.08(2)(c)7. or 8.
938	s. 322.08(2)(c)6. or 7.
939	Section 26.  Effective October 1, 2008, subsections (2),
940	(4), (5), (8), and (9) of section 322.18, Florida Statutes, are
941	amended to read:
942	322.18  Original applications, licenses, and renewals;
943	expiration of licenses; delinquent licenses.--
944	(2)  Each applicant who is entitled to the issuance of a
945	driver's license, as provided in this section, shall be issued a
946	driver's license, as follows:
947	(a)  An applicant who has not attained 80 years of age
948	applying for an original issuance shall be issued a driver's
949	license that which expires at midnight on the licensee's
950	birthday which next occurs on or after the eighth sixth
951	anniversary of the date of issue. An applicant who is at least
952	80 years of age applying for an original issuance shall be
953	issued a driver's license that expires at midnight on the
954	licensee's birthday that next occurs on or after the sixth
955	anniversary of the date of issue.
956	(b)  An applicant who has not attained 80 years of age
957	applying for a renewal issuance or renewal extension shall be
958	issued a driver's license that or renewal extension sticker
959	which expires at midnight on the licensee's birthday that which
960	next occurs 8 4 years after the month of expiration of the
961	license being renewed. An applicant who is at least 80 years of
962	age applying for a renewal issuance shall be issued a driver's
963	license that, except that a driver whose driving record reflects
964	no convictions for the preceding 3 years shall be issued a
965	driver's license or renewal extension sticker which expires at
966	midnight on the licensee's birthday that which next occurs 6
967	years after the month of expiration of the license being
968	renewed.
969	(c)  Notwithstanding any other provision of this chapter,
970	if an applicant establishes his or her identity for a driver's
971	license using a document authorized under s. 322.08(2)(c)5., the
972	driver's license shall expire in accordance with paragraph (b).
973	After an initial showing of such documentation, he or she is
974	exempted from having to renew or obtain a duplicate in person.
975	(d)  Notwithstanding any other provision of this chapter,
976	if an applicant establishes his or her identity for a driver's
977	license using a document authorized in s. 322.08(2)(c)7.6. or
978	8.7., the driver's license shall expire 1 year 2 years after the
979	date of issuance or upon the expiration date cited on the United
980	States Department of Homeland Security documents, whichever date
981	first occurs.
982	(e)  Notwithstanding any other provision of this chapter,
983	an applicant applying for an original or renewal issuance of a
984	commercial driver's license as defined in s. 322.01(7), with a
985	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
986	shall be issued a driver's license that expires at midnight on
987	the licensee's birthday that next occurs 4 years after the month
988	of expiration of the license being issued or renewed.
989	(4)(a)  Except as otherwise provided in this chapter, all
990	licenses shall be renewable every 8 4 years or 6 years,
991	depending upon the terms of issuance and shall be issued or
992	renewed extended upon application, payment of the fees required
993	by s. 322.21, and successful passage of any required
994	examination, unless the department has reason to believe that
995	the licensee is no longer qualified to receive a license.
996	(b)  Notwithstanding any other provision of this chapter,
997	if an applicant establishes his or her identity for a driver's
998	license using a document authorized under s. 322.08(2)(c)5., the
999	license, upon an initial showing of such documentation, is
1000	exempted from having to renew or obtain a duplicate in person,
1001	unless the renewal or duplication coincides with the periodic
1002	reexamination of a driver as required pursuant to s. 322.121.
1003	(c)  Notwithstanding any other provision of this chapter,
1004	if a licensee establishes his or her identity for a driver's
1005	license using an identification document authorized under s.
1006	322.08(2)(c)7.6. or 8.7., the licensee may not renew the
1007	driver's license except in person and upon submission of an
1008	identification document authorized under s. 322.08(2)(c)7.6. or
1009	8.7. A driver's license renewed under this paragraph expires 1
1010	year 4 years after the date of issuance or upon the expiration
1011	date cited on the United States Department of Homeland Security
1012	documents, whichever date first occurs.
1013	(5)  All renewal driver's licenses may be issued after the
1014	applicant licensee has been determined to be eligible by the
1015	department.
1016	(a)  A licensee who is otherwise eligible for renewal and
1017	who is at least 80 over 79 years of age:
1018	1.  Must submit to and pass a vision test administered at
1019	any driver's license office; or
1020	2.  If the licensee applies for a renewal using a
1021	convenience service an extension by mail as provided in
1022	subsection (8), he or she must submit to a vision test
1023	administered by a physician licensed under chapter 458 or
1024	chapter 459, or an optometrist licensed under chapter 463, must
1025	send the results of that test to the department on a form
1026	obtained from the department and signed by such health care
1027	practitioner, and must meet vision standards that are equivalent
1028	to the standards for passing the departmental vision test. The
1029	physician or optometrist may submit the results of a vision test
1030	by a department-approved electronic means.
1031	(b)  A licensee who is at least 80 over 79 years of age may
1032	not submit an application for renewal extension under subsection
1033	(8) by a convenience service electronic or telephonic means,
1034	unless the results of a vision test have been electronically
1035	submitted in advance by the physician or optometrist.
1036	(8)  The department shall issue 8-year renewals using a
1037	convenience service 4-year and 6-year license extensions by
1038	mail, electronic, or telephonic means without reexamination to
1039	drivers who have not attained 80 years of age. The department
1040	shall issue 6-year renewals using a convenience service when the
1041	applicant has satisfied the requirements of subsection (5).
1042	(a)  If the department determines from its records that the
1043	holder of a license about to expire is eligible for renewal, the
1044	department shall mail a renewal notice to the licensee at his or
1045	her last known address, not less than 30 days prior to the
1046	licensee's birthday. The renewal notice shall direct the
1047	licensee to appear at a driver license office for in-person
1048	renewal or to transmit the completed renewal notice and the fees
1049	required by s. 322.21 to the department using a convenience
1050	service by mail, electronically, or telephonically within the 30
1051	days preceding the licensee's birthday for a license extension.
1052	License extensions shall not be available to drivers directed to
1053	appear for in-person renewal.
1054	(b)  Upon receipt of a properly completed renewal notice,
1055	payment of the required fees, and upon determining that the
1056	licensee is still eligible for renewal, the department shall
1057	send a new license extension sticker to the licensee to affix to
1058	the expiring license as evidence that the license term has been
1059	extended.
1060	(c)  The department shall issue one renewal using a
1061	convenience service license extensions for two consecutive
1062	license expirations only. Upon expiration of two consecutive
1063	license extension periods, in-person renewal with reexamination
1064	as provided in s. 322.121 shall be required. A person who is out
1065	of this state when his or her license expires may be issued a
1066	90-day temporary driving permit without reexamination. At the
1067	end of the 90-day period, the person must either return to this
1068	state or apply for a license where the person is located, except
1069	for a member of the Armed Forces as provided in s. 322.121(6).
1070	(d)  In-person renewal at a driver license office shall not
1071	be available to drivers whose records indicate they were
1072	directed to apply for a license extension.
1073	(d)(e)  Any person who knowingly possesses any forged,
1074	stolen, fictitious, counterfeit, or unlawfully issued license
1075	extension sticker, unless possession by such person has been
1076	duly authorized by the department, commits a misdemeanor of the
1077	second degree, punishable as provided in s. 775.082 or s.
1078	775.083.
1079	(e)(f)  The department shall develop a plan for the
1080	equitable distribution of license extensions and renewals and
1081	the orderly implementation of this section.
1082	(9)(a)  The application form for a renewal issuance or
1083	renewal extension shall include language permitting a voluntary
1084	contribution of $1 per applicant, to be quarterly distributed by
1085	the department to Prevent Blindness Florida, a not-for-profit
1086	organization, to prevent blindness and preserve the sight of the
1087	residents of this state. A statement providing an explanation of
1088	the purpose of the funds shall be included with the application
1089	form.
1090	(b)  Prior to the department distributing the funds
1091	collected pursuant to paragraph (a), Prevent Blindness Florida
1092	must submit a report to the department that identifies how such
1093	funds were used during the preceding year.
1094	Section 27.  Section 322.181, Florida Statutes, is
1095	repealed.
1096	Section 28.  Effective October 1, 2008, subsections (2) and
1097	(4) of section 322.19, Florida Statutes, are amended to read:
1098	322.19  Change of address or name.--
1099	(2)  Whenever any person, after applying for or receiving a
1100	driver's license, changes the residence or mailing address in
1101	the application or license, the person must, within 10 calendar
1102	days, either obtain a replacement license that reflects the
1103	change or request in writing a change-of-address sticker. A The
1104	written request to the department must include the old and new
1105	addresses and the driver's license number.
1106	(4)  Notwithstanding any other provision of this chapter,
1107	if a licensee established his or her identity for a driver's
1108	license using an identification document authorized under s.
1109	322.08(2)(c)7.6. or 8.7., the licensee may not change his or her
1110	name or address except in person and upon submission of an
1111	identification document authorized under s. 322.08(2)(c)7.6. or
1112	8.7.
1113	Section 29.  Effective October 1, 2008, subsection (1) of
1114	section 322.21, Florida Statutes, is amended to read:
1115	322.21  License fees; procedure for handling and collecting
1116	fees.--
1117	(1)  Except as otherwise provided herein, the fee for:
1118	(a)  An original or renewal commercial driver's license is
1119	$67 $50, which shall include the fee for driver education
1120	provided by s. 1003.48; however, if an applicant has completed
1121	training and is applying for employment or is currently employed
1122	in a public or nonpublic school system that requires the
1123	commercial license, the fee shall be the same as for a Class E
1124	driver's license. A delinquent fee of $1 shall be added for a
1125	renewal made not more than 12 months after the license
1126	expiration date.
1127	(b)  An original Class E driver's license is $27 $20, which
1128	shall include the fee for driver's education provided by s.
1129	1003.48; however, if an applicant has completed training and is
1130	applying for employment or is currently employed in a public or
1131	nonpublic school system that requires a commercial driver
1132	license, the fee shall be the same as for a Class E license.
1133	(c)  The renewal or extension of a Class E driver's license
1134	or of a license restricted to motorcycle use only is $20 $15,
1135	except that a delinquent fee of $1 shall be added for a renewal
1136	or extension made not more than 12 months after the license
1137	expiration date. The fee provided in this paragraph shall
1138	include the fee for driver's education provided by s. 1003.48.
1139	(d)  An original driver's license restricted to motorcycle
1140	use only is $27 $20, which shall include the fee for driver's
1141	education provided by s. 1003.48.
1142	(e)  A replacement driver's license issued pursuant to s.
1143	322.17 is $10. Of this amount, $7 shall be deposited into the
1144	Highway Safety Operating Trust Fund and $3 shall be deposited
1145	into the General Revenue Fund.
1146	(f)  An original, renewal, or replacement identification
1147	card issued pursuant to s. 322.051 is $10. Funds collected from
1148	these fees shall be distributed as follows:
1149	1.  For an original identification card issued pursuant to
1150	s. 322.051 the fee shall be $10. This amount shall be deposited
1151	into the General Revenue Fund.
1152	2.  For a renewal identification card issued pursuant to s.
1153	322.051 the fee shall be $10. Of this amount, $6 shall be
1154	deposited into the Highway Safety Operating Trust Fund and $4
1155	shall be deposited into the General Revenue Fund.
1156	3.  For a replacement identification card issued pursuant
1157	to s. 322.051 the fee shall be $10. Of this amount, $9 shall be
1158	deposited into the Highway Safety Operating Trust Fund and $1
1159	shall be deposited into the General Revenue Fund.
1160	(g)(e)  Each endorsement required by s. 322.57 is $7 $5.
1161	(h)(f)  A hazardous-materials endorsement, as required by
1162	s. 322.57(1)(d), shall be set by the department by rule and
1163	shall reflect the cost of the required criminal history check,
1164	including the cost of the state and federal fingerprint check,
1165	and the cost to the department of providing and issuing the
1166	license. The fee shall not exceed $100. This fee shall be
1167	deposited in the Highway Safety Operating Trust Fund. The
1168	department may adopt rules to administer this section.
1169	Section 30.  Subsection (2) of section 322.271, Florida
1170	Statutes, is amended to read:
1171	322.271  Authority to modify revocation, cancellation, or
1172	suspension order.--
1173	(2)(a)  At Upon such hearing, the person whose license has
1174	been suspended, canceled, or revoked may show that such
1175	suspension, cancellation, or revocation of his or her license
1176	causes a serious hardship and precludes the person from person's
1177	carrying out his or her normal business occupation, trade, or
1178	employment and that the use of the person's license in the
1179	normal course of his or her business is necessary to the proper
1180	support of the person or his or her family.
1181	(a)  Except as otherwise provided in this subsection, the
1182	department shall require proof of the successful completion of
1183	the applicable department-approved driver training course
1184	operating pursuant to s. 318.1451 or DUI program substance abuse
1185	education course and evaluation as provided in s. 316.193(5).
1186	Letters of recommendation from respected business persons in the
1187	community, law enforcement officers, or judicial officers may
1188	also be required to determine whether such person should be
1189	permitted to operate a motor vehicle on a restricted basis for
1190	business or employment use only and in determining whether such
1191	person can be trusted to so operate a motor vehicle. If a
1192	driver's license has been suspended under the point system or
1193	pursuant to s. 322.2615, the department shall require proof of
1194	enrollment in the applicable department-approved driver training
1195	course or licensed DUI program substance abuse education course,
1196	including evaluation and treatment, if referred, and may require
1197	letters of recommendation described in this paragraph subsection
1198	to determine if the driver should be reinstated on a restricted
1199	basis. If such person fails to complete the approved course
1200	within 90 days after reinstatement or subsequently fails to
1201	complete treatment, if applicable, the department shall cancel
1202	his or her driver's license until the course and treatment, if
1203	applicable, is successfully completed, notwithstanding the terms
1204	of the court order or any suspension or revocation of the
1205	driving privilege. The department may temporarily reinstate the
1206	driving privilege on a restricted basis upon verification from
1207	the DUI program that the offender has reentered and is currently
1208	participating in treatment and has completed the DUI education
1209	course and evaluation requirement. If the DUI program notifies
1210	the department of the second failure to complete treatment, the
1211	department shall reinstate the driving privilege only after
1212	notice of completion of treatment from the DUI program. The
1213	privilege of driving on a limited or restricted basis for
1214	business or employment use may shall not be granted to a person
1215	who has been convicted of a violation of s. 316.193 until
1216	completion of the DUI program substance abuse education course
1217	and evaluations as provided in s. 316.193(5). Except as provided
1218	in paragraph (b), the privilege of driving on a limited or
1219	restricted basis for business or employment use may shall not be
1220	granted to a person whose license is revoked pursuant to s.
1221	322.28 or suspended pursuant to s. 322.2615 and who has been
1222	convicted of a violation of s. 316.193 two or more times or
1223	whose license has been suspended two or more times for refusal
1224	to submit to a test pursuant to s. 322.2615 or former s.
1225	322.261.
1226	(b)  The department may waive the hearing process for
1227	suspensions and revocations upon request by the driver if the
1228	driver has enrolled or completed the applicable driver training
1229	course approved pursuant to s. 318.1451 or DUI program substance
1230	abuse education course and evaluation provided in s. 316.193(5).
1231	However, the department may not waive the hearing for
1232	suspensions or revocations that involve death or serious bodily
1233	injury, multiple convictions for violations of s. 316.193
1234	pursuant to s. 322.27(5), or a second or subsequent suspension
1235	or revocation pursuant to the same provision under this chapter.
1236	This does not preclude the department from requiring a hearing
1237	for any suspension or revocation that it determines is warranted
1238	based on the severity of the offense.
1239	(c)(b)  A person whose license has been revoked for a
1240	period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
1241	the expiration of 12 months after the date the said revocation
1242	was imposed, petition the department for reinstatement of his or
1243	her driving privilege on a restricted basis. A person whose
1244	license has been revoked for a period of more than 5 years under
1245	s. 322.28(2)(a) may, upon the expiration of 24 months after the
1246	date the revocation was imposed, petition the department for
1247	reinstatement of his or her driving privilege on a restricted
1248	basis. Reinstatement of the driving privilege pursuant to this
1249	subsection shall be restricted to business or employment
1250	purposes only. In addition, the department shall require such
1251	persons upon reinstatement to have not driven and to have been
1252	drug free for at least 12 months immediately before prior to
1253	such reinstatement, to be supervised by a DUI program licensed
1254	by the department, and to report to the program at least three
1255	times a year as required by the program for the duration of the
1256	revocation period for supervision. Such supervision includes
1257	shall include evaluation, education, referral into treatment,
1258	and other activities required by the department. Such persons
1259	shall assume reasonable costs of supervision. If the such person
1260	fails to comply with the required supervision, the program shall
1261	report the failure to the department, and the department shall
1262	cancel the such person's driving privilege. This paragraph does
1263	not apply to any person whose driving privilege has been
1264	permanently revoked.
1265	(d)(c)  For the purpose of this section, a previous
1266	conviction of driving under the influence, driving while
1267	intoxicated, driving with an unlawful blood-alcohol level, or
1268	any other similar alcohol-related or drug-related offense
1269	outside this state or a previous conviction of former s.
1270	316.1931, former s. 316.028, or former s. 860.01 is shall be
1271	considered a previous conviction for violation of s. 316.193.
1272	(e)(d)  The department, based upon review of the licensee's
1273	application for reinstatement, may require the use of an
1274	ignition interlock device pursuant to s. 322.2715.
1275	Section 31.  Section 322.293, Florida Statutes, is amended
1276	to read:
1277	322.293  DUI programs Coordination Trust Fund; assessment;
1278	disposition.--
1279	(1)  The DUI programs Coordination Trust Fund shall be
1280	administered by the department, and the costs of administration
1281	shall be borne by the revenue collections provided in this
1282	section the fund. All funds received by the department DUI
1283	Programs Coordination Trust Fund shall be used solely for the
1284	purposes set forth in this chapter and for the general operation
1285	of the department section and s. 322.292. However, if the
1286	Legislature passes legislation consolidating existing trust
1287	funds assigned to the department, all funds remaining in and
1288	deposited to the DUI Programs Coordination Trust Fund shall be
1289	transferred to the consolidated trust funds, subject to their
1290	being earmarked for use solely for the purposes set forth in
1291	this section and s. 322.292.
1292	(2)  Each DUI program shall assess $12 against each person
1293	enrolling in a DUI program at the time of enrollment, including
1294	persons who transfer to or from a program in another state. In
1295	addition, second and third offenders and those offenders under
1296	permanent driver's-license revocation who are evaluated for
1297	eligibility for license restrictions under s. 322.271(2)
1298	322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
1299	the program and upon each subsequent anniversary date while they
1300	are in the program, for the duration of the license period.
1301	(3)  All assessments collected under this section shall be
1302	deposited in the Highway Safety Operating forwarded to the DUI
1303	Programs Coordination Trust Fund within 30 days after the last
1304	day of the month in which the assessment was received.
1305	Section 32.  Section 328.30, Florida Statutes, is amended
1306	to read:
1307	328.30  Transactions by electronic or telephonic means.--
1308	(1)  The department is authorized to accept any application
1309	provided for under this chapter by electronic or telephonic
1310	means.
1311	(2)  The department may issue an electronic certificate of
1312	title in lieu of printing a paper title.
1313	(3)  The department may collect and use e-mail addresses of
1314	vessel owners and registrants as a notification method in lieu
1315	of the United States Postal Service.
1316	Section 33.  Section 328.80, Florida Statutes, is amended
1317	to read:
1318	328.80  Transactions by electronic or telephonic means.--
1319	(1)  The department commission is authorized to accept any
1320	application provided for under this chapter by electronic or
1321	telephonic means.
1322	(2)  The department may collect and use e-mail addresses of
1323	vessel owners and registrants as a notification method in lieu
1324	of the United States Postal Service.
1325	Section 34.  Subsection (26) of section 344.044, Florida
1326	Statutes, is amended to read:
1327	334.044  Department; powers and duties.--The department
1328	shall have the following general powers and duties:
1329	(26)  To provide for the conservation of natural roadside
1330	growth and scenery and for the implementation and maintenance of
1331	roadside beautification programs, up to and no less than 1.5
1332	percent of the amount contracted for construction projects may
1333	shall be allocated by the department to beautification programs.
1334	Except where prohibited by federal law or federal regulation and
1335	to the extent practical, a minimum of 50 percent of these funds
1336	shall be used to purchase large plant materials with the
1337	remaining funds for other plant materials. All such plant
1338	materials shall be purchased from Florida-based nurseryman stock
1339	on a uniform competitive bid basis. The department will develop
1340	grades and standards for landscaping materials purchased through
1341	this process. To accomplish these activities, the department may
1342	contract with nonprofit organizations having the primary purpose
1343	of developing youth employment opportunities.
1344	Section 35.  Paragraph (d) is added to subsection (1) of
1345	section 338.2216, Florida Statutes, to read:
1346	338.2216  Florida Turnpike Enterprise; powers and
1347	authority.--
1348	(1)
1349	(d)1.  The Florida Turnpike Enterprise shall not under any
1350	circumstances contract with any vendor for the retail sale of
1351	fuel along the Florida Turnpike if such contract is negotiated
1352	or bid together with any other contract, including, but not
1353	limited to, the retail sale of food, maintenance services, or
1354	construction, with the exception that any contract for the
1355	retail sale of fuel along the Florida Turnpike shall be bid and
1356	contracted together with the retail sale of food at any
1357	convenience store attached to the fuel station.
1358	2.  Except for services provided as defined in s.
1359	287.055(2)(a), all contracts related to service plazas,
1360	including, but not limited to, the sale of fuel, the retail sale
1361	of food, maintenance services, or construction, awarded by the
1362	Florida Turnpike Enterprise shall be procured through individual
1363	competitive solicitations and awarded to the most cost-effective
1364	responder. This paragraph does not prohibit the award of more
1365	than one individual contract to a single vendor if he or she
1366	submits the most cost-effective response.
1367	Section 36.  Paragraph (a) of subsection (4) of section
1368	339.135, Florida Statutes, is amended to read:
1369	339.135  Work program; legislative budget request;
1370	definitions; preparation, adoption, execution, and amendment.--
1371	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1372	(a)1.  To assure that no district or county is penalized
1373	for local efforts to improve the State Highway System, the
1374	department shall, for the purpose of developing a tentative work
1375	program, allocate funds for new construction to the districts,
1376	except for the turnpike enterprise, based on equal parts of
1377	population and motor fuel tax collections. Funds for
1378	resurfacing, bridge repair and rehabilitation, bridge fender
1379	system construction or repair, public transit projects except
1380	public transit block grants as provided in s. 341.052, and other
1381	programs with quantitative needs assessments shall be allocated
1382	based on the results of these assessments. The department may
1383	not transfer any funds allocated to a district under this
1384	paragraph to any other district except as provided in subsection
1385	(7). Funds for public transit block grants shall be allocated to
1386	the districts pursuant to s. 341.052. Funds for the intercity
1387	bus program provided for under s. 5311(f) of the federal
1388	nonurbanized area formula program shall be administered and
1389	allocated directly to eligible bus carriers as defined in s.
1390	341.031(12) at the state level rather than the district. In
1391	order to provide state funding to support the intercity bus
1392	program provided for under provisions of the federal 5311(f)
1393	program, the department shall allocate an amount equal to the
1394	federal share of the 5311(f) program from amounts calculated
1395	pursuant to s. 206.46(3).
1396	2.  Notwithstanding the provisions of subparagraph 1., the
1397	department shall allocate at least 50 percent of any new
1398	discretionary highway capacity funds to the Florida Strategic
1399	Intermodal System created pursuant to s. 339.61. Any remaining
1400	new discretionary highway capacity funds shall be allocated to
1401	the districts for new construction as provided in subparagraph
1402	1. For the purposes of this subparagraph, the term "new
1403	discretionary highway capacity funds" means any funds available
1404	to the department above the prior year funding level for
1405	capacity improvements, which the department has the discretion
1406	to allocate to highway projects.
1407	3.  Notwithstanding subparagraph 1. and s. 206.46(3), in
1408	fiscal years 2008-2009 through 2012-2013, the department shall
1409	reduce work program levels to balance the finance plan to the
1410	revised funding levels resulting from any reduction in the
1411	funding provided for under s. 201.15.
1412	4.  Prior to any project or phase thereof being deferred,
1413	such reductions shall be made to financial projects not
1414	programmed for contract letting as identified with a work
1415	program contract class code 8 and the box code RV. These
1416	reductions shall not negatively impact safety, preservation,
1417	maintenance, or project contingency levels as of July 1, 2008.
1418	Section 37.  Subsection (19) of section 501.976, Florida
1419	Statutes, is amended to read:
1420	501.976  Actionable, unfair, or deceptive acts or
1421	practices.--It is an unfair or deceptive act or practice,
1422	actionable under the Florida Deceptive and Unfair Trade
1423	Practices Act, for a dealer to:
1424	(19)  Fail to disclose damage to a new motor vehicle, as
1425	defined in s. 319.001 319.001(8), of which the dealer had actual
1426	knowledge, if the dealer's actual cost of repairs exceeds the
1427	threshold amount, excluding replacement items.
1428
1429	In any civil litigation resulting from a violation of this
1430	section, when evaluating the reasonableness of an award of
1431	attorney's fees to a private person, the trial court shall
1432	consider the amount of actual damages in relation to the time
1433	spent.
1434	Section 38.  Subsection (3) of section 553.75, Florida
1435	Statutes, as amended to read:
1436	553.75  Organization of commission; rules and regulations;
1437	meetings; staff; fiscal affairs.--
1438	(3)  The department shall be responsible for the provision
1439	of administrative and staff support services relating to the
1440	functions of the commission.  With respect to matters within the
1441	jurisdiction of the commission, the department shall be
1442	responsible for the implementation and faithful discharge of all
1443	decisions of the commission made pursuant to its authority under
1444	the provisions of this part. The department is authorized to use
1445	communications media technology to conduct any meetings of the
1446	commission or meetings held in conjunction therewith.
1447	Section 39.  Subsection (1) of section 765.5215, Florida
1448	Statutes, is amended to read:
1449	765.5215  Education program relating to anatomical
1450	gifts.--The Agency for Health Care Administration, subject to
1451	the concurrence of the Department of Highway Safety and Motor
1452	Vehicles, shall develop a continuing program to educate and
1453	inform medical professionals, law enforcement agencies and
1454	officers, high school children, state and local government
1455	employees, and the public regarding the laws of this state
1456	relating to anatomical gifts and the need for anatomical gifts.
1457	(1)  The program is to be implemented with the assistance
1458	of the organ and tissue donor education panel as provided in s.
1459	765.5216 and with the funds collected under ss. 320.08047 and
1460	322.08(6)(a)(b). Existing community resources, when available,
1461	must be used to support the program, and volunteers may assist
1462	the program to the maximum extent possible. The Agency for
1463	Health Care Administration may contract for the provision of all
1464	or any portion of the program. When awarding such contract, the
1465	agency shall give priority to existing nonprofit groups that are
1466	located within the community, including within the minority
1467	communities specified in subsection (2). The program aimed at
1468	educating medical professionals may be implemented by contract
1469	with one or more medical schools located in the state.
1470	Section 40.  Subsection (1) of section 765.5216, Florida
1471	Statutes, is amended to read:
1472	765.5216  Organ and tissue donor education panel.--
1473	(1)  The Legislature recognizes that there exists in the
1474	state a shortage of organ and tissue donors to provide the
1475	organs and tissue that could save lives or enhance the quality
1476	of life for many Floridians. The Legislature further recognizes
1477	the need to encourage the various minority populations of
1478	Florida to donate organs and tissue. It is the intent of the
1479	Legislature that the funds collected pursuant to ss. 320.08047
1480	and 322.08(6)(a)(b) be used for educational purposes aimed at
1481	increasing the number of organ and tissue donors, thus affording
1482	more Floridians who are awaiting organ or tissue transplants the
1483	opportunity for a full and productive life.
1484	Section 41.  Except as otherwise expressly provided in this
1485	act and except for this section , which shall take effect upon
1486	this act becoming a law, this act shall take effect July 1,
1487	2008.

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