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The Committee on Transportation (Bullard) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 318.15, Florida Statutes, is amended to

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read:

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     318.15  Failure to comply with civil penalty or to appear;

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penalty; distribution of funds to the highway patrol.--

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     (1)(a)  If a person fails to comply with the civil

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penalties provided in s. 318.18 within the time period specified

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in s. 318.14(4), fails to attend driver improvement school, or

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fails to appear at a scheduled hearing, the clerk of the court

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shall notify the Division of Driver Licenses of the Department

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of Highway Safety and Motor Vehicles of such failure within 10

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days after such failure. Upon receipt of such notice, the

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department shall immediately issue an order suspending the

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driver's license and privilege to drive of such person effective

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20 days after the date the order of suspension is mailed in

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accordance with s. 322.251(1), (2), and (6). Any such suspension

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of the driving privilege which has not been reinstated,

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including a similar suspension imposed outside Florida, shall

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remain on the records of the department for a period of 7 years

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from the date imposed and shall be removed from the records

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after the expiration of 7 years from the date it is imposed.

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     (b)  However, a person who elects to attend driver

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improvement school and has paid the civil penalty as provided in

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s. 318.14(9), but who subsequently fails to attend the driver

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improvement school within the time specified by the court is

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shall be deemed to have admitted the infraction and shall be

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adjudicated guilty. In such case the person must pay the clerk

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of the court the 18 percent deducted pursuant to s. 318.14(9),

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and a processing fee of up to $15, after which no additional

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penalties, court costs, or surcharges shall be imposed for the

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violation. The clerk of the court shall notify the department of

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the person's failure to attend driver improvement school and

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points shall be assessed pursuant to s. 322.27.

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     (2)  After suspension of the driver's license and privilege

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to drive of a person under subsection (1), the license and

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privilege may not be reinstated until the person complies with

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all obligations and penalties imposed on him or her under s.

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318.18 and presents to a driver license office a certificate of

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compliance issued by the court, together with a nonrefundable

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service charge of up to $60 $47.50 imposed under s. 322.29, or

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presents a certificate of compliance and pays the aforementioned

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service charge of up to $60 $47.50 to the clerk of the court or

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a driver licensing agent authorized in s. 322.135 clearing such

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suspension. Of the charge collected by the clerk of the court or

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driver licensing agent, $22.50 $10 shall be remitted to the

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Department of Revenue to be deposited into the Highway Safety

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Operating Trust Fund. Such person shall also be in compliance

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with requirements of chapter 322 before prior to reinstatement.

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Of the nonrefundable service charge deposited into the Highway

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Safety Operating Trust Fund, $12.50 shall be used to establish a

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recruitment and retention salary payment plan for officers of

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the highway patrol. The director of the Division of the Florida

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Highway Patrol may use the funds deposited in the trust fund to

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structure a pay scale for highway patrol officers which is

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competitive with the average of the salaries of the six highest-

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paid law enforcement agencies in the state. The director may

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develop a pay scale for members of the highway patrol which is

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based on the officer's years of service with the patrol and his

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or her job performance with respect to established patrol-duty

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requirements.

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     Section 2.  Paragraph (a) of subsection (8) of section

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318.18, Florida Statutes, is amended to read:

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

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noncriminal disposition pursuant to s. 318.14 or a criminal

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offense listed in s. 318.17 are as follows:

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     (8)(a)  Any person who fails to comply with the court's

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requirements or who fails to pay the civil penalties specified

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in this section within the 30-day period provided for in s.

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318.14 must pay an additional civil penalty of $20 $12, $2.50 of

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which must be remitted to the Department of Revenue for deposit

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in the General Revenue Fund, and $17.50 $9.50 of which must be

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remitted to the Department of Revenue for deposit in the Highway

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Safety Operating Trust Fund. Of any additional civil penalty

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imposed by this subsection and remitted to the Highway Safety

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Operating Trust Fund, $8 shall be used to establish a

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recruitment and retention salary payment plan for officers of

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the highway patrol. The department shall contract with the

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Florida Association of Court Clerks, Inc., to design, establish,

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operate, upgrade, and maintain an automated statewide Uniform

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Traffic Citation Accounting System to be operated by the clerks

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of the court which shall include, but not be limited to, the

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accounting for traffic infractions by type, a record of the

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disposition of the citations, and an accounting system for the

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fines assessed and the subsequent fine amounts paid to the

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clerks of the court. On or before December 1, 2001, the clerks

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of the court must provide the information required by this

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chapter to be transmitted to the department by electronic

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transmission pursuant to the contract.

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     Section 3.  Section 320.07, Florida Statutes, is amended to

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read:

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     320.07  Expiration of registration; renewal required;

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delinquent fees; distribution of funds to the highway patrol;

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penalties.--

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     (1)  The registration of a motor vehicle or mobile home

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expires at midnight on the last day of the registration or

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extended registration period. A vehicle may shall not be

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operated on the roads of this state after expiration of the

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renewal period unless the registration has been renewed

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according to law.

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     (2) Registration must shall be renewed semiannually,

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annually, or biennially, as provided in this subsection, during

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the applicable renewal period, upon payment of the applicable

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license tax amounts required by s. 320.08, service charges

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required by s. 320.04, and any additional fees required by law.

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     (a)  Any person who owns a motor vehicle registered under

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s. 320.08(4), (6)(b), or (13) may register semiannually as

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provided in s. 320.0705.

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     (b)  Any person who owns a motor vehicle or mobile home

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registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),

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(7), (8), (9), (10), or (11) may renew the vehicle registration

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biennially during the applicable renewal period upon payment of

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the 2-year cumulative total of all applicable license tax

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amounts required by s. 320.08 and service charges or surcharges

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required by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802,

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320.0804, 320.0805, 320.08046, and 320.08056 and payment of the

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2-year cumulative total of any additional fees required by law

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for an annual registration.

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     (3)  The operation of any motor vehicle without having

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attached thereto a registration license plate and validation

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stickers, or the use of any mobile home without having attached

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thereto a mobile home sticker, for the current registration

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period shall subject the owner thereof, if he or she is present,

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or, if the owner is not present, the operator thereof to the

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following penalties penalty provisions:

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     (a)  Any person whose motor vehicle or mobile home

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registration has been expired for a period of 6 months or less

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commits a noncriminal traffic infraction, punishable as a

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nonmoving violation as provided in chapter 318.

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     (b)  Any person whose motor vehicle or mobile home

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registration has been expired for more than 6 months, upon a

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first offense, is subject to the penalty provided in s. 318.14.

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     (c)  Any person whose motor vehicle or mobile home

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registration has been expired for more than 6 months, upon a

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second or subsequent offense, commits a misdemeanor of the

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

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775.083.

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     (d) However, an operator may shall not be charged with a

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violation of this subsection if the operator can show, pursuant

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to a valid lease agreement, that the vehicle had been leased for

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a period of 30 days or less at the time of the offense.

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     (e)  Any servicemember, as defined in s. 250.01, whose

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mobile home registration expired while he or she was serving on

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active duty or state active duty may shall not be charged with a

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violation of this subsection if, at the time of the offense, the

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servicemember was serving on active duty or state active duty 35

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miles or more from the mobile home. The servicemember must

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present to the department either a copy of the official military

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orders or a written verification signed by the servicemember's

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commanding officer to receive a waiver of charges.

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     (f)  The owner of a leased motor vehicle is not responsible

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for any penalty specified in this subsection if the motor

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vehicle is registered in the name of the lessee of the motor

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vehicle.

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     (4)(a)  In addition to a penalty provided in subsection

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(3), a delinquent fee based on the following schedule of license

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taxes shall be imposed on any applicant who fails to renew a

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registration before prior to the end of the month in which

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renewal registration is due. The delinquent fee shall be applied

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beginning on the 11th calendar day of the month succeeding the

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renewal period. The delinquent fee does not apply to those

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vehicles that have not been required to be registered during the

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preceding registration period or as provided in s. 320.18(2).

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The delinquent fee shall be imposed as follows:

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     1.  License tax of $5 but not more than $25: $5 flat.

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     2. License tax over $25 but not more than $50: $20 $10

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flat.

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     3. License tax over $50 but not more than $100: $25 $15

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flat.

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     4. License tax over $100 but not more than $400: $60 $50

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flat.

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     5. License tax over $400 but not more than $600: $120 $100

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flat.

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     6. License tax over $600 and up: $275 $250 flat.

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Of the delinquent fees imposed under subparagraphs 1. through

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4., $10 shall be deposited in the Highway Safety Operating Trust

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Fund; of the delinquent fees imposed under subparagraph 5., $20

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shall be deposited in the Highway Safety Operating Trust Fund;

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and of the delinquent fees imposed under subparagraph 6., $25

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shall be deposited in the Highway Safety Operating Trust Fund.

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The deposited fees shall be used to establish a recruitment and

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retention salary payment plan for officers of the highway

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patrol. The director of the Division of the Florida Highway

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Patrol may use the fees deposited in the trust fund to structure

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a pay scale for highway patrol officers which is competitive

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with the average of the salaries of the six highest-paid law

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enforcement agencies in the state. The director may develop a

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pay scale that is based on an officer's years of service with

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the patrol and his or her job performance with respect to

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established patrol-duty requirements.

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     (b)  A person who has been assessed a penalty pursuant to

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s. 316.545(2)(b) for failure to have a valid vehicle

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registration certificate is not subject to the delinquent fee

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authorized by this subsection if the such person obtains a valid

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registration certificate within 10 working days after the such

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penalty was assessed. The official receipt authorized by s.

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316.545(6) constitutes proof of payment of the penalty

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authorized in s. 316.545(2)(b).

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     (c)  The owner of a leased motor vehicle is not responsible

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for any delinquent fee specified in this subsection if the motor

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vehicle is registered in the name of the lessee of the motor

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vehicle.

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     (5)  Any servicemember, as defined in s. 250.01, whose

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motor vehicle or mobile home registration has expired while he

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or she was serving on active duty or state active duty may renew

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his or her registration upon return from active duty or state

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active duty without penalty, if the servicemember served on

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active duty or state active duty 35 miles or more from the

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servicemember's home of record prior to entering active duty or

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state active duty. The servicemember must provide to the

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department either a copy of the official military orders or a

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written verification signed by the servicemember's commanding

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officer to receive a waiver of delinquent fees.

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     (6)  Delinquent fees imposed under this section are not

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apportionable under the International Registration Plan.

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     Section 4.  Section 322.21, Florida Statutes, is amended to

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read:

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     322.21  License fees; procedure for handling and collecting

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fees; distribution of funds to the highway patrol.--

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

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

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

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

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and is applying for employment or is currently employed in a

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public or nonpublic school system that requires the commercial

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license, the fee shall be the same as for a Class E driver's

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license. A delinquent fee of $1 shall be added for a renewal

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made not more than 12 months after the license expiration date.

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

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includes shall include the fee for driver's education provided

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

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and is applying for employment or is currently employed in a

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public or nonpublic school system that requires a commercial

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

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license.

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

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

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

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extension made not more than 12 months after the license

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expiration date. The fee provided in this paragraph includes

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

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1003.48.

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

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

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education provided by s. 1003.48.

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

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

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

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reflect the cost of the required criminal history check,

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including the cost of the state and federal fingerprint check,

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and the cost to the department of providing and issuing the

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

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deposited in the Highway Safety Operating Trust Fund. The

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department may adopt rules to administer this section.

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     (2)  It is the duty of the Director of the Division of

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Driver Licenses to set up a division in the department with the

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necessary personnel to perform the necessary clerical and

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routine work for the department in issuing and recording

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applications, licenses, and certificates of eligibility,

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including the receiving and accounting of all license funds and

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their payment into the State Treasury, and other incidental

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clerical work connected with the administration of this chapter.

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The department is authorized to use such electronic, mechanical,

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or other devices as necessary to accomplish the purposes of this

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chapter.

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     (3)  The department shall prepare sufficient forms for

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certificates of eligibility, applications, notices, and license

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materials to supply all applicants for driver's licenses and all

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renewal licenses.

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     (4)  If the department determines from its records or is

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otherwise satisfied that the holder of a license about to expire

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is entitled to have it renewed, the department shall mail a

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renewal notice to him or her at his or her last known address,

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not less than 30 days prior to the licensee's birthday. The

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licensee shall be issued a renewal license, after reexamination,

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if required, during the 30 days immediately preceding his or her

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birthday upon presenting a renewal notice, his or her current

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license, and the fee for renewal to the department at any

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driver's license examining office.

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     (5)  The department shall collect and transmit all fees

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received by it under this section to the Chief Financial Officer

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to be placed in the General Revenue Fund of the state, and

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sufficient funds for the necessary expenses of the department

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shall be included in the appropriations act. The fees shall be

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used for the maintenance and operation of the department.

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     (6)  Any member of the Armed Forces or his or her spouse,

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daughter, son, stepdaughter, or stepson, who holds a Florida

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driver's license and who presents an affidavit showing that he

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or she was out of the state due to service in the Armed Forces

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of the United States at the time of license expiration is exempt

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from paying the delinquent fee, if the application for renewal

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is made within 15 months after the expiration of his or her

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license and within 90 days after the date of discharge or

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transfer to a military or naval establishment in this state as

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shown in the affidavit. However, such a person is not exempt

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from any reexamination requirement.

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     (7)  Any veteran honorably discharged from the Armed Forces

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who has been issued a valid identification card by the

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Department of Veterans' Affairs in accordance with s. 295.17, or

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has been determined by the United States Department of Veterans

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Affairs or its predecessor to have a 100-percent total and

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permanent service-connected disability rating for compensation,

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or has been determined to have a service-connected total and

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permanent disability rating of 100 percent and is in receipt of

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disability retirement pay from any branch of the United States

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Armed Services, and who is qualified to obtain a driver's

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license under this chapter is exempt from all fees required by

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this section.

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     (8)  Any person who applies for reinstatement following the

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suspension or revocation of the person's driver's license must

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shall pay a service fee of $45 $35 following a suspension, and

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$75 $60 following a revocation, which is in addition to the fee

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for a license. Any person who applies for reinstatement of a

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commercial driver's license following the disqualification of

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the person's privilege to operate a commercial motor vehicle

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must shall pay a service fee of $75 $60, which is in addition to

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the fee for a license. The department shall collect all of these

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fees at the time of reinstatement. The department shall issue

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proper receipts for such fees and shall promptly transmit all

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funds received by it as follows:

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     (a) Of the $45 $35 fee received from a licensee for

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reinstatement following a suspension, the department shall

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deposit $15 in the General Revenue Fund and $30 $20 in the

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Highway Safety Operating Trust Fund.

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     (b) Of the $75 $60 fee received from a licensee for

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reinstatement following a revocation or disqualification, the

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department shall deposit $35 in the General Revenue Fund and $40

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$25 in the Highway Safety Operating Trust Fund.

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     (c) Of the driver's license reinstatement fee that is

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deposited into the Highway Safety Operating Trust Fund following

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a revocation or disqualification of the driver's license, $15

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shall be used to establish a recruitment and retention salary

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payment plan for officers of the highway patrol. Of the driver's

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license reinstatement fee deposited into the Highway Safety

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Operating Trust Fund following the suspension of a driver's

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license, $10 shall be used to establish a recruitment and

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retention salary payment plan for officers of the highway

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patrol. The director of the Division of the Florida Highway

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Patrol may use the funds from these fees to structure a pay

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scale for highway patrol officers which is competitive with the

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average of the salaries of the six highest-paid law enforcement

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agencies in the state. The director may develop a pay scale for

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members of the highway patrol which is based on an officer's

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years of service with the patrol and his or her job performance

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with respect to established patrol-duty requirements.

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If the revocation or suspension of the driver's license was for

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a violation of s. 316.193, or for refusal to submit to a lawful

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breath, blood, or urine test, an additional fee of $130 $115

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must be charged. However, only one $130 $115 fee may be

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collected from one person convicted of violations arising out of

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the same incident. The department shall collect the $130 $115

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fee and deposit the fee into the Highway Safety Operating Trust

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Fund at the time of reinstatement of the person's driver's

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license, but the fee may not be collected if the suspension or

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revocation is overturned. If the revocation or suspension of the

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driver's license was for a conviction for a violation of s.

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817.234(8) or (9) or s. 817.505, an additional fee of $180 is

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imposed for each offense. The department shall collect and

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deposit the additional fee into the Highway Safety Operating

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Trust Fund at the time of reinstatement of the person's driver's

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license. Of the driver's license reinstatement fee deposited

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into the Highway Safety Operating Trust Fund following the

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revocation or suspension of a driver's license due to a

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violation of s. 316.193, or for a refusal to submit to a lawful

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breath, blood, or urine test, $15 shall be used to establish a

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recruitment and retention salary payment plan for officers of

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the highway patrol.

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     Section 5.  Subsection (2) of section 322.29, Florida

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Statutes, is amended to read:

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     322.29  Surrender and return of license.--

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     (2)  The provisions of subsection (1) to the contrary

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notwithstanding, no examination is required for the return of a

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license suspended under s. 318.15 or s. 322.245 unless an

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examination is otherwise required by this chapter. Every person

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applying for the return of a license suspended under s. 318.15

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or s. 322.245 shall present to the department certification from

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the court that he or she has complied with all obligations and

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penalties imposed on him or her pursuant to s. 318.15 or, in the

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case of a suspension pursuant to s. 322.245, that he or she has

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complied with all directives of the court and the requirements

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of s. 322.245 and shall pay to the department a nonrefundable

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service fee of $60 $47.50, of which $37.50 shall be deposited

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into the General Revenue Fund and $22.50 $10 shall be deposited

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into the Highway Safety Operating Trust Fund. If reinstated by

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the clerk of the court or tax collector, $37.50 shall be

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retained and $22.50 $10 shall be remitted to the Department of

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Revenue for deposit into the Highway Safety Operating Trust

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Fund. However, the service fee is not required if the person is

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required to pay a $45 $35 fee or $75 $60 fee under the

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provisions of s. 322.21.

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     Section 6.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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406

A bill to be entitled

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An act relating to driver's license fees; amending s.

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318.15, F.S.; increasing the nonrefundable service charge

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paid to the Department of Highway Safety and Motor

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Vehicles or to the clerk of the court to reinstate a

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suspended driver's license and privilege to drive;

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requiring that the deposited funds be used to establish a

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recruitment and retention salary plan for officers of the

414

highway patrol; authorizing the director of the Division

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of the Florida Highway Patrol to structure a salary scale

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for highway patrol officers to remain competitive with

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other law enforcement agencies; amending s. 318.18, F.S.;

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increasing the civil penalty a person must pay for a late

419

payment of civil traffic penalties; requiring that a

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specified amount of the collected penalty be used to

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establish a recruitment retention salary plan for officers

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of the highway patrol; amending s. 320.07, F.S.;

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increasing the delinquency fee for late payment of vehicle

424

registration renewal; requiring that specified deposited

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funds be used to establish a recruitment and retention

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salary plan for officers of the highway patrol;

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authorizing the director to use the delinquency fees for a

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salary scale for highway patrol officers which is

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competitive with other law enforcement agencies; amending

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s. 322.21, F.S.; increasing the fees for reinstating a

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suspended or revoked driver's license or commercial motor

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vehicle license; requiring that the fees collected from

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reinstating a suspended or revoked driver's license be

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used to establish a recruitment and retention salary plan

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for officers of the highway patrol; authorizing the

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director to use the license reinstating fees for a salary

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scale for highway patrol officers which is competitive

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with other law enforcement agencies; amending s. 322.29,

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F.S., relating to the surrender and return of a license;

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conforming provisions to changes made by the act;

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providing an effective date.

3/3/2008  5:07:00 PM     596-04174-08