CS/HB 831

1
A bill to be entitled
2An act relating to driver's license fees; amending s.
3318.15, F.S.; increasing the nonrefundable service charge
4paid to the Department of Highway Safety and Motor
5Vehicles or to the clerk of the court to reinstate a
6suspended driver's license and privilege to drive;
7providing for distribution and use of moneys collected;
8directing a portion of the moneys collected to be used to
9recruit and retain officers of the Florida Highway Patrol;
10amending s. 318.18, F.S.; increasing the additional civil
11penalty for late payment of civil traffic penalties;
12providing for distribution and use of moneys collected;
13directing a portion of the moneys collected to be used to
14recruit and retain officers of the Florida Highway Patrol;
15amending s. 322.21, F.S.; increasing the service fees for
16reinstating a suspended or revoked driver's license or
17commercial motor vehicle license; revising provisions for
18distribution and use of the funds received; requiring that
19a certain amount of the funds be used to recruit and
20retain officers of the Florida Highway Patrol; amending s.
21322.29, F.S., relating to the surrender and return of a
22license; conforming provisions to changes made by the act;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (2) of section 318.15, Florida
28Statutes, is amended to read:
29     318.15  Failure to comply with civil penalty or to appear;
30penalty; distribution of funds to the Florida Highway Patrol.--
31     (2)  After suspension of the driver's license and privilege
32to drive of a person under subsection (1), the license and
33privilege may not be reinstated until the person complies with
34all obligations and penalties imposed on him or her under s.
35318.18 and presents to a driver license office a certificate of
36compliance issued by the court, together with a nonrefundable
37service charge of up to $60 $47.50 imposed under s. 322.29, or
38presents a certificate of compliance and pays the aforementioned
39service charge of up to $60 $47.50 to the clerk of the court or
40a driver licensing agent authorized in s. 322.135 clearing such
41suspension. Of the charge collected by the clerk of the court or
42driver licensing agent, $10 shall be remitted to the Department
43of Revenue to be deposited into the Highway Safety Operating
44Trust Fund and $12.50 shall be remitted to the Department of
45Revenue to be deposited into the Department of Highway Safety
46and Motor Vehicles Law Enforcement Trust Fund and shall be used
47to recruit and retain officers of the Florida Highway Patrol,
48which includes all career service levels of rank. Such person
49shall also be in compliance with requirements of chapter 322
50prior to reinstatement.
51     Section 2.  Paragraph (a) of subsection (8) of section
52318.18, Florida Statutes, is amended to read:
53     318.18  Amount of penalties.--The penalties required for a
54noncriminal disposition pursuant to s. 318.14 or a criminal
55offense listed in s. 318.17 are as follows:
56     (8)(a)  Any person who fails to comply with the court's
57requirements or who fails to pay the civil penalties specified
58in this section within the 30-day period provided for in s.
59318.14 must pay an additional civil penalty of $20 $12, $2.50 of
60which must be remitted to the Department of Revenue for deposit
61in the General Revenue Fund, and $9.50 of which must be remitted
62to the Department of Revenue for deposit in the Highway Safety
63Operating Trust Fund, and $8 of which must be remitted to the
64Department of Revenue to be deposited into the Department of
65Highway Safety and Motor Vehicles Law Enforcement Trust Fund.
66The portion of each additional fee imposed by this paragraph
67remitted to the Department of Highway Safety and Motor Vehicles
68Law Enforcement Trust Fund shall be used to recruit and retain
69officers of the Florida Highway Patrol, which includes all
70career service levels of rank. The department shall contract
71with the Florida Association of Court Clerks, Inc., to design,
72establish, operate, upgrade, and maintain an automated statewide
73Uniform Traffic Citation Accounting System to be operated by the
74clerks of the court which shall include, but not be limited to,
75the accounting for traffic infractions by type, a record of the
76disposition of the citations, and an accounting system for the
77fines assessed and the subsequent fine amounts paid to the
78clerks of the court. On or before December 1, 2001, the clerks
79of the court must provide the information required by this
80chapter to be transmitted to the department by electronic
81transmission pursuant to the contract.
82     Section 3.  Section 322.21, Florida Statutes, is amended to
83read:
84     322.21  License fees; procedure for handling and collecting
85fees; distribution of funds to the highway patrol.--
86     (1)  Except as otherwise provided herein, the fee for:
87     (a)  An original or renewal commercial driver's license is
88$50, which shall include the fee for driver education provided
89by s. 1003.48; however, if an applicant has completed training
90and is applying for employment or is currently employed in a
91public or nonpublic school system that requires the commercial
92license, the fee shall be the same as for a Class E driver's
93license. A delinquent fee of $1 shall be added for a renewal
94made not more than 12 months after the license expiration date.
95     (b)  An original Class E driver's license is $20, which
96shall include the fee for driver's education provided by s.
971003.48; however, if an applicant has completed training and is
98applying for employment or is currently employed in a public or
99nonpublic school system that requires a commercial driver
100license, the fee shall be the same as for a Class E license.
101     (c)  The renewal or extension of a Class E driver's license
102or of a license restricted to motorcycle use only is $15, except
103that a delinquent fee of $1 shall be added for a renewal or
104extension made not more than 12 months after the license
105expiration date. The fee provided in this paragraph shall
106include the fee for driver's education provided by s. 1003.48.
107     (d)  An original driver's license restricted to motorcycle
108use only is $20, which shall include the fee for driver's
109education provided by s. 1003.48.
110     (e)  Each endorsement required by s. 322.57 is $5.
111     (f)  A hazardous-materials endorsement, as required by s.
112322.57(1)(d), shall be set by the department by rule and shall
113reflect the cost of the required criminal history check,
114including the cost of the state and federal fingerprint check,
115and the cost to the department of providing and issuing the
116license. The fee shall not exceed $100. This fee shall be
117deposited in the Highway Safety Operating Trust Fund. The
118department may adopt rules to administer this section.
119     (2)  It is the duty of the Director of the Division of
120Driver Licenses to set up a division in the department with the
121necessary personnel to perform the necessary clerical and
122routine work for the department in issuing and recording
123applications, licenses, and certificates of eligibility,
124including the receiving and accounting of all license funds and
125their payment into the State Treasury, and other incidental
126clerical work connected with the administration of this chapter.
127The department is authorized to use such electronic, mechanical,
128or other devices as necessary to accomplish the purposes of this
129chapter.
130     (3)  The department shall prepare sufficient forms for
131certificates of eligibility, applications, notices, and license
132materials to supply all applicants for driver's licenses and all
133renewal licenses.
134     (4)  If the department determines from its records or is
135otherwise satisfied that the holder of a license about to expire
136is entitled to have it renewed, the department shall mail a
137renewal notice to him or her at his or her last known address,
138not less than 30 days prior to the licensee's birthday. The
139licensee shall be issued a renewal license, after reexamination,
140if required, during the 30 days immediately preceding his or her
141birthday upon presenting a renewal notice, his or her current
142license, and the fee for renewal to the department at any
143driver's license examining office.
144     (5)  The department shall collect and transmit all fees
145received by it under this section to the Chief Financial Officer
146to be placed in the General Revenue Fund of the state, and
147sufficient funds for the necessary expenses of the department
148shall be included in the appropriations act. The fees shall be
149used for the maintenance and operation of the department.
150     (6)  Any member of the Armed Forces or his or her spouse,
151daughter, son, stepdaughter, or stepson, who holds a Florida
152driver's license and who presents an affidavit showing that he
153or she was out of the state due to service in the Armed Forces
154of the United States at the time of license expiration is exempt
155from paying the delinquent fee, if the application for renewal
156is made within 15 months after the expiration of his or her
157license and within 90 days after the date of discharge or
158transfer to a military or naval establishment in this state as
159shown in the affidavit. However, such a person is not exempt
160from any reexamination requirement.
161     (7)  Any veteran honorably discharged from the Armed Forces
162who has been issued a valid identification card by the
163Department of Veterans' Affairs in accordance with s. 295.17, or
164has been determined by the United States Department of Veterans
165Affairs or its predecessor to have a 100-percent total and
166permanent service-connected disability rating for compensation,
167or has been determined to have a service-connected total and
168permanent disability rating of 100 percent and is in receipt of
169disability retirement pay from any branch of the United States
170Armed Services, and who is qualified to obtain a driver's
171license under this chapter is exempt from all fees required by
172this section.
173     (8)  Any person who applies for reinstatement following the
174suspension or revocation of the person's driver's license shall
175pay a service fee of $45 $35 following a suspension, and $75 $60
176following a revocation, which is in addition to the fee for a
177license. Any person who applies for reinstatement of a
178commercial driver's license following the disqualification of
179the person's privilege to operate a commercial motor vehicle
180shall pay a service fee of $75 $60, which is in addition to the
181fee for a license. The department shall collect all of these
182fees at the time of reinstatement. The department shall issue
183proper receipts for such fees and shall promptly transmit all
184funds received by it as follows:
185     (a)  Of the $45 $35 fee received from a licensee for
186reinstatement following a suspension, the department shall
187deposit $15 in the General Revenue Fund, and $20 in the Highway
188Safety Operating Trust Fund, and $10 in the Department of
189Highway Safety and Motor Vehicles Law Enforcement Trust Fund.
190     (b)  Of the $75 $60 fee received from a licensee for
191reinstatement following a revocation or disqualification, the
192department shall deposit $35 in the General Revenue Fund, and
193$25 in the Highway Safety Operating Trust Fund, and $15 in the
194Department of Highway Safety and Motor Vehicles Law Enforcement
195Trust Fund.
196     (c)  The driver's license reinstatement fee that is
197deposited into the Department of Highway Safety and Motor
198Vehicles Law Enforcement Trust Fund shall be used to recruit and
199retain officers of the Florida Highway Patrol, which includes
200all career service levels of rank.
201
202If the revocation or suspension of the driver's license was for
203a violation of s. 316.193, or for refusal to submit to a lawful
204breath, blood, or urine test, an additional fee of $130 $115
205must be charged. However, only one $130 $115 fee may be
206collected from one person convicted of violations arising out of
207the same incident. The department shall collect the $130 $115
208fee and deposit $115 of the fee into the Highway Safety
209Operating Trust Fund and $15 of the fee into the Department of
210Highway Safety and Motor Vehicles Law Enforcement Trust Fund at
211the time of reinstatement of the person's driver's license, but
212the fee may not be collected if the suspension or revocation is
213overturned. If the revocation or suspension of the driver's
214license was for a conviction for a violation of s. 817.234(8) or
215(9) or s. 817.505, an additional fee of $180 is imposed for each
216offense. The department shall collect and deposit the additional
217fee into the Highway Safety Operating Trust Fund at the time of
218reinstatement of the person's driver's license. The portion of
219each additional fee imposed by this subsection remitted to the
220Department of Highway Safety and Motor Vehicles Law Enforcement
221Trust Fund shall be used to recruit and retain officers of the
222Florida Highway Patrol, which includes all career service levels
223of rank.
224     Section 4.  Subsection (2) of section 322.29, Florida
225Statutes, is amended to read:
226     322.29  Surrender and return of license.--
227     (2)  The provisions of subsection (1) to the contrary
228notwithstanding, no examination is required for the return of a
229license suspended under s. 318.15 or s. 322.245 unless an
230examination is otherwise required by this chapter. Every person
231applying for the return of a license suspended under s. 318.15
232or s. 322.245 shall present to the department certification from
233the court that he or she has complied with all obligations and
234penalties imposed on him or her pursuant to s. 318.15 or, in the
235case of a suspension pursuant to s. 322.245, that he or she has
236complied with all directives of the court and the requirements
237of s. 322.245 and shall pay to the department a nonrefundable
238service fee of $60 $47.50, of which $37.50 shall be deposited
239into the General Revenue Fund, and $10 shall be deposited into
240the Highway Safety Operating Trust Fund, and $12.50 shall be
241deposited into the Department of Highway Safety and Motor
242Vehicles Law Enforcement Trust Fund. If reinstated by the clerk
243of the court or tax collector, $37.50 shall be retained, and $10
244shall be remitted to the Department of Revenue for deposit into
245the Highway Safety Operating Trust Fund, and $12.50 shall be
246remitted to the Department of Revenue for deposit into the
247Department of Highway Safety and Motor Vehicles Law Enforcement
248Trust Fund. However, the service fee is not required if the
249person is required to pay a $45 $35 fee or a $75 $60 fee under
250the provisions of s. 322.21. The portion of each additional fee
251imposed by this subsection remitted to the Department of Highway
252Safety and Motor Vehicles Law Enforcement Trust Fund shall be
253used to recruit and retain officers of the Florida Highway
254Patrol, which includes all career service levels of rank.
255     Section 5.  This act shall take effect July 1, 2008.


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