| 1 | A bill to be entitled |
| 2 | An act relating to driver's license fees; amending s. |
| 3 | 318.15, F.S.; increasing the nonrefundable service charge |
| 4 | paid to the Department of Highway Safety and Motor |
| 5 | Vehicles or to the clerk of the court to reinstate a |
| 6 | suspended driver's license and privilege to drive; |
| 7 | amending s. 322.21, F.S.; increasing the fees for |
| 8 | reinstating a suspended or revoked driver's license or |
| 9 | commercial motor vehicle license; requiring the Department |
| 10 | of Highway Safety and Motor Vehicles to collect the fees |
| 11 | and deposit them into the General Revenue Fund and the |
| 12 | Highway Safety Operating Trust Fund; requiring that the |
| 13 | deposited funds be appropriated to establish a recruitment |
| 14 | plan for officers of the highway patrol and for a salary |
| 15 | scale to ensure that the salary of highway patrol officers |
| 16 | remains competitive with other law enforcement agencies; |
| 17 | amending s. 322.29, F.S., relating to the surrender and |
| 18 | return of a license; conforming provisions to changes made |
| 19 | by the act; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsection (2) of section 318.15, Florida |
| 24 | Statutes, is amended to read: |
| 25 | 318.15 Failure to comply with civil penalty or to appear; |
| 26 | penalty.-- |
| 27 | (2) After suspension of the driver's license and privilege |
| 28 | to drive of a person under subsection (1), the license and |
| 29 | privilege may not be reinstated until the person complies with |
| 30 | all obligations and penalties imposed on him or her under s. |
| 31 | 318.18 and presents to a driver license office a certificate of |
| 32 | compliance issued by the court, together with a nonrefundable |
| 33 | service charge of up to $60 $47.50 imposed under s. 322.29, or |
| 34 | presents a certificate of compliance and pays the aforementioned |
| 35 | service charge of up to $60 $47.50 to the clerk of the court or |
| 36 | a driver licensing agent authorized in s. 322.135 clearing such |
| 37 | suspension. Of the charge collected by the clerk of the court or |
| 38 | driver licensing agent, $22.50 $10 shall be remitted to the |
| 39 | Department of Revenue to be deposited into the Highway Safety |
| 40 | Operating Trust Fund. Such person shall also be in compliance |
| 41 | with requirements of chapter 322 prior to reinstatement. |
| 42 | Section 2. Section 322.21, Florida Statutes, is amended to |
| 43 | read: |
| 44 | 322.21 License fees; procedure for handling and collecting |
| 45 | fees; distribution of funds to the highway patrol.-- |
| 46 | (1) Except as otherwise provided herein, the fee for: |
| 47 | (a) An original or renewal commercial driver's license is |
| 48 | $50, which shall include the fee for driver education provided |
| 49 | by s. 1003.48; however, if an applicant has completed training |
| 50 | and is applying for employment or is currently employed in a |
| 51 | public or nonpublic school system that requires the commercial |
| 52 | license, the fee shall be the same as for a Class E driver's |
| 53 | license. A delinquent fee of $1 shall be added for a renewal |
| 54 | made not more than 12 months after the license expiration date. |
| 55 | (b) An original Class E driver's license is $20, which |
| 56 | shall include the fee for driver's education provided by s. |
| 57 | 1003.48; however, if an applicant has completed training and is |
| 58 | applying for employment or is currently employed in a public or |
| 59 | nonpublic school system that requires a commercial driver |
| 60 | license, the fee shall be the same as for a Class E license. |
| 61 | (c) The renewal or extension of a Class E driver's license |
| 62 | or of a license restricted to motorcycle use only is $15, except |
| 63 | that a delinquent fee of $1 shall be added for a renewal or |
| 64 | extension made not more than 12 months after the license |
| 65 | expiration date. The fee provided in this paragraph shall |
| 66 | include the fee for driver's education provided by s. 1003.48. |
| 67 | (d) An original driver's license restricted to motorcycle |
| 68 | use only is $20, which shall include the fee for driver's |
| 69 | education provided by s. 1003.48. |
| 70 | (e) Each endorsement required by s. 322.57 is $5. |
| 71 | (f) A hazardous-materials endorsement, as required by s. |
| 72 | 322.57(1)(d), shall be set by the department by rule and shall |
| 73 | reflect the cost of the required criminal history check, |
| 74 | including the cost of the state and federal fingerprint check, |
| 75 | and the cost to the department of providing and issuing the |
| 76 | license. The fee shall not exceed $100. This fee shall be |
| 77 | deposited in the Highway Safety Operating Trust Fund. The |
| 78 | department may adopt rules to administer this section. |
| 79 | (2) It is the duty of the Director of the Division of |
| 80 | Driver Licenses to set up a division in the department with the |
| 81 | necessary personnel to perform the necessary clerical and |
| 82 | routine work for the department in issuing and recording |
| 83 | applications, licenses, and certificates of eligibility, |
| 84 | including the receiving and accounting of all license funds and |
| 85 | their payment into the State Treasury, and other incidental |
| 86 | clerical work connected with the administration of this chapter. |
| 87 | The department is authorized to use such electronic, mechanical, |
| 88 | or other devices as necessary to accomplish the purposes of this |
| 89 | chapter. |
| 90 | (3) The department shall prepare sufficient forms for |
| 91 | certificates of eligibility, applications, notices, and license |
| 92 | materials to supply all applicants for driver's licenses and all |
| 93 | renewal licenses. |
| 94 | (4) If the department determines from its records or is |
| 95 | otherwise satisfied that the holder of a license about to expire |
| 96 | is entitled to have it renewed, the department shall mail a |
| 97 | renewal notice to him or her at his or her last known address, |
| 98 | not less than 30 days prior to the licensee's birthday. The |
| 99 | licensee shall be issued a renewal license, after reexamination, |
| 100 | if required, during the 30 days immediately preceding his or her |
| 101 | birthday upon presenting a renewal notice, his or her current |
| 102 | license, and the fee for renewal to the department at any |
| 103 | driver's license examining office. |
| 104 | (5) The department shall collect and transmit all fees |
| 105 | received by it under this section to the Chief Financial Officer |
| 106 | to be placed in the General Revenue Fund of the state, and |
| 107 | sufficient funds for the necessary expenses of the department |
| 108 | shall be included in the appropriations act. The fees shall be |
| 109 | used for the maintenance and operation of the department. |
| 110 | (6) Any member of the Armed Forces or his or her spouse, |
| 111 | daughter, son, stepdaughter, or stepson, who holds a Florida |
| 112 | driver's license and who presents an affidavit showing that he |
| 113 | or she was out of the state due to service in the Armed Forces |
| 114 | of the United States at the time of license expiration is exempt |
| 115 | from paying the delinquent fee, if the application for renewal |
| 116 | is made within 15 months after the expiration of his or her |
| 117 | license and within 90 days after the date of discharge or |
| 118 | transfer to a military or naval establishment in this state as |
| 119 | shown in the affidavit. However, such a person is not exempt |
| 120 | from any reexamination requirement. |
| 121 | (7) Any veteran honorably discharged from the Armed Forces |
| 122 | who has been issued a valid identification card by the |
| 123 | Department of Veterans' Affairs in accordance with s. 295.17, or |
| 124 | has been determined by the United States Department of Veterans |
| 125 | Affairs or its predecessor to have a 100-percent total and |
| 126 | permanent service-connected disability rating for compensation, |
| 127 | or has been determined to have a service-connected total and |
| 128 | permanent disability rating of 100 percent and is in receipt of |
| 129 | disability retirement pay from any branch of the United States |
| 130 | Armed Services, and who is qualified to obtain a driver's |
| 131 | license under this chapter is exempt from all fees required by |
| 132 | this section. |
| 133 | (8) Any person who applies for reinstatement following the |
| 134 | suspension or revocation of the person's driver's license shall |
| 135 | pay a service fee of $45 $35 following a suspension, and $75 $60 |
| 136 | following a revocation, which is in addition to the fee for a |
| 137 | license. Any person who applies for reinstatement of a |
| 138 | commercial driver's license following the disqualification of |
| 139 | the person's privilege to operate a commercial motor vehicle |
| 140 | shall pay a service fee of $75 $60, which is in addition to the |
| 141 | fee for a license. The department shall collect all of these |
| 142 | fees at the time of reinstatement. The department shall issue |
| 143 | proper receipts for such fees and shall promptly transmit all |
| 144 | funds received by it as follows: |
| 145 | (a) Of the $45 $35 fee received from a licensee for |
| 146 | reinstatement following a suspension, the department shall |
| 147 | deposit $15 in the General Revenue Fund and $30 $20 in the |
| 148 | Highway Safety Operating Trust Fund. |
| 149 | (b) Of the $75 $60 fee received from a licensee for |
| 150 | reinstatement following a revocation or disqualification, the |
| 151 | department shall deposit $35 in the General Revenue Fund and $40 |
| 152 | $25 in the Highway Safety Operating Trust Fund. |
| 153 | (c) Of the driver's license reinstatement fee that is |
| 154 | deposited into the Highway Safety Operating Trust Fund, $15 |
| 155 | shall be used to establish a recruitment and retention salary |
| 156 | payment plan for officers of the highway patrol. The Director of |
| 157 | the Division of the Florida Highway Patrol may use the funds |
| 158 | from the deposited reinstatement fees to structure a pay scale |
| 159 | for highway patrol officers which is competitive with the |
| 160 | average of the salaries of the six highest-paid law enforcement |
| 161 | agencies in the state. The director may develop a pay scale for |
| 162 | members of the highway patrol which is based on an officer's |
| 163 | years of service with the patrol and his or her job performance |
| 164 | with respect to established patrol-duty requirements. |
| 165 |
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| 166 | If the revocation or suspension of the driver's license was for |
| 167 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 168 | breath, blood, or urine test, an additional fee of $130 $115 |
| 169 | must be charged. However, only one $130 $115 fee may be |
| 170 | collected from one person convicted of violations arising out of |
| 171 | the same incident. The department shall collect the $130 $115 |
| 172 | fee and deposit the fee into the Highway Safety Operating Trust |
| 173 | Fund at the time of reinstatement of the person's driver's |
| 174 | license, but the fee may not be collected if the suspension or |
| 175 | revocation is overturned. If the revocation or suspension of the |
| 176 | driver's license was for a conviction for a violation of s. |
| 177 | 817.234(8) or (9) or s. 817.505, an additional fee of $180 is |
| 178 | imposed for each offense. The department shall collect and |
| 179 | deposit the additional fee into the Highway Safety Operating |
| 180 | Trust Fund at the time of reinstatement of the person's driver's |
| 181 | license. |
| 182 | Section 3. Subsection (2) of section 322.29, Florida |
| 183 | Statutes, is amended to read: |
| 184 | 322.29 Surrender and return of license.-- |
| 185 | (2) The provisions of subsection (1) to the contrary |
| 186 | notwithstanding, no examination is required for the return of a |
| 187 | license suspended under s. 318.15 or s. 322.245 unless an |
| 188 | examination is otherwise required by this chapter. Every person |
| 189 | applying for the return of a license suspended under s. 318.15 |
| 190 | or s. 322.245 shall present to the department certification from |
| 191 | the court that he or she has complied with all obligations and |
| 192 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
| 193 | case of a suspension pursuant to s. 322.245, that he or she has |
| 194 | complied with all directives of the court and the requirements |
| 195 | of s. 322.245 and shall pay to the department a nonrefundable |
| 196 | service fee of $60 $47.50, of which $37.50 shall be deposited |
| 197 | into the General Revenue Fund and $22.50 $10 shall be deposited |
| 198 | into the Highway Safety Operating Trust Fund. If reinstated by |
| 199 | the clerk of the court or tax collector, $37.50 shall be |
| 200 | retained and $22.50 $10 shall be remitted to the Department of |
| 201 | Revenue for deposit into the Highway Safety Operating Trust |
| 202 | Fund. However, the service fee is not required if the person is |
| 203 | required to pay a $45 $35 fee or a $75 $60 fee under the |
| 204 | provisions of s. 322.21. |
| 205 | Section 4. This act shall take effect January 1, 2009. |