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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

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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

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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

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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.

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Be It Enacted by the Legislature of the State of Florida:

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

41

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 penalties

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provided in s. 318.18 within the time period specified in s.

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

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appear at a scheduled hearing, the clerk of the court shall

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notify the Division of Driver Licenses of the Department of

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Highway Safety and Motor Vehicles of such failure within 10 days

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

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shall immediately issue an order suspending the driver's license

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and privilege to drive of such person effective 20 days after the

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date the order of suspension is mailed in accordance with s.

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322.251(1), (2), and (6). Any such suspension of the driving

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privilege which has not been reinstated, including a similar

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suspension imposed outside Florida, shall remain on the records

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of the department for a period of 7 years from the date imposed

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and shall be removed from the records after the expiration of 7

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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 of

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

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

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court costs, or surcharges shall be imposed for the violation.

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The clerk of the court shall notify the department of the

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person's failure to attend driver improvement school and points

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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 a

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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 the

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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 in

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this section within the 30-day period provided for in s. 318.14

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

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must be remitted to the Department of Revenue for deposit in the

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

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to the Department of Revenue for deposit in the Highway Safety

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Operating Trust Fund. Of any additional civil penalty imposed by

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this subsection and remitted to the Highway Safety Operating

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Trust Fund, $8 shall be used to establish a recruitment and

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retention salary payment plan for officers of the highway patrol.

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The department shall contract with the Florida Association of

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Court Clerks, Inc., to design, establish, operate, upgrade, and

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maintain an automated statewide Uniform Traffic Citation

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Accounting System to be operated by the clerks of the court which

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shall include, but not be limited to, the accounting for traffic

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infractions by type, a record of the disposition of the

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citations, and an accounting system for the fines assessed and

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the subsequent fine amounts paid to the clerks of the court. On

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or before December 1, 2001, the clerks of the court must provide

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the information required by this chapter to be transmitted to the

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department by electronic transmission pursuant to the contract.

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

127

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;

130

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 operated

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on the roads of this state after expiration of the renewal period

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unless the registration has been renewed 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 s.

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

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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), (7),

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(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 amounts

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required by s. 320.08 and service charges or surcharges required

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by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802, 320.0804,

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320.0805, 320.08046, and 320.08056 and payment of the 2-year

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cumulative total of any additional fees required by law for an

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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 second

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

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

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     (4)(a)  In addition to a penalty provided in subsection (3),

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a delinquent fee based on the following schedule of license taxes

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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). The

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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 4.,

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$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 patrol.

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The director of the Division of the Florida Highway Patrol may

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use the fees deposited in the trust fund to structure a pay scale

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for highway patrol officers which is competitive with the average

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

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in the state. The director may develop a pay scale that is based

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on an officer's years of service with the patrol and his or her

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job performance with respect to established patrol-duty

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requirements.

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

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

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certificate is not subject to the delinquent fee authorized by

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this subsection if the such person obtains a valid registration

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certificate within 10 working days after the such penalty was

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assessed. The official receipt authorized by s. 316.545(6)

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constitutes proof of payment of the penalty authorized in s.

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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 motor

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vehicle or mobile home registration has expired while he or she

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

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her registration upon return from active duty or state active

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duty without penalty, if the servicemember served on active duty

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or state active duty 35 miles or more from the servicemember's

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home of record prior to entering active duty or state active

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duty. The servicemember must provide to the department either a

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copy of the official military orders or a written verification

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signed by the servicemember's commanding officer to receive a

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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

251

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 by

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

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is applying for employment or is currently employed in a public

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or nonpublic school system that requires the commercial license,

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

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delinquent fee of $1 shall be added for a renewal made not more

262

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 by

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

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is applying for employment or is currently employed in a public

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or nonpublic school system that requires a commercial driver

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

280

     (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

285

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 routine

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work for the department in issuing and recording applications,

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licenses, and certificates of eligibility, including the

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receiving and accounting of all license funds and their payment

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into the State Treasury, and other incidental clerical work

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connected with the administration of this chapter. The department

296

is authorized to use such electronic, mechanical, or other

297

devices as necessary to accomplish the purposes of this chapter.

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     (3)  The department shall prepare sufficient forms for

299

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

309

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

311

driver's license examining office.

312

     (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

316

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

317

used for the maintenance and operation of the department.

318

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

319

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

320

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

321

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

322

the United States at the time of license expiration is exempt

323

from paying the delinquent fee, if the application for renewal is

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

325

and within 90 days after the date of discharge or transfer to a

326

military or naval establishment in this state as shown in the

327

affidavit. However, such a person is not exempt from any

328

reexamination requirement.

329

     (7)  Any veteran honorably discharged from the Armed Forces

330

who has been issued a valid identification card by the Department

331

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

332

determined by the United States Department of Veterans Affairs or

333

its predecessor to have a 100-percent total and permanent

334

service-connected disability rating for compensation, or has been

335

determined to have a service-connected total and permanent

336

disability rating of 100 percent and is in receipt of disability

337

retirement pay from any branch of the United States Armed

338

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

339

this chapter is exempt from all fees required by this section.

340

     (8)  Any person who applies for reinstatement following the

341

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

342

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

343

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

344

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

345

commercial driver's license following the disqualification of the

346

person's privilege to operate a commercial motor vehicle must

347

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

348

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

349

at the time of reinstatement. The department shall issue proper

350

receipts for such fees and shall promptly transmit all funds

351

received by it as follows:

352

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

353

reinstatement following a suspension, the department shall

354

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

355

Highway Safety Operating Trust Fund.

356

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

357

reinstatement following a revocation or disqualification, the

358

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

359

$25 in the Highway Safety Operating Trust Fund.

360

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

361

deposited into the Highway Safety Operating Trust Fund following

362

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

363

shall be used to establish a recruitment and retention salary

364

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

365

license reinstatement fee deposited into the Highway Safety

366

Operating Trust Fund following the suspension of a driver's

367

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

368

retention salary payment plan for officers of the highway patrol.

369

The director of the Division of the Florida Highway Patrol may

370

use the funds from these fees to structure a pay scale for

371

highway patrol officers which is competitive with the average of

372

the salaries of the six highest-paid law enforcement agencies in

373

the state. The director may develop a pay scale for members of

374

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

375

service with the patrol and his or her job performance with

376

respect to established patrol-duty requirements.

377

378

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

379

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

380

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

381

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

382

one person convicted of violations arising out of the same

383

incident. The department shall collect the $130 $115 fee and

384

deposit the fee into the Highway Safety Operating Trust Fund at

385

the time of reinstatement of the person's driver's license, but

386

the fee may not be collected if the suspension or revocation is

387

overturned. If the revocation or suspension of the driver's

388

license was for a conviction for a violation of s. 817.234(8) or

389

(9) or s. 817.505, an additional fee of $180 is imposed for each

390

offense. The department shall collect and deposit the additional

391

fee into the Highway Safety Operating Trust Fund at the time of

392

reinstatement of the person's driver's license. Of the driver's

393

license reinstatement fee deposited into the Highway Safety

394

Operating Trust Fund following the revocation or suspension of a

395

driver's license due to a violation of s. 316.193, or for a

396

refusal to submit to a lawful breath, blood, or urine test, $15

397

shall be used to establish a recruitment and retention salary

398

payment plan for officers of the highway patrol.

399

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

400

Statutes, is amended to read:

401

     322.29  Surrender and return of license.--

402

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

403

notwithstanding, no examination is required for the return of a

404

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

405

examination is otherwise required by this chapter. Every person

406

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

407

s. 322.245 shall present to the department certification from the

408

court that he or she has complied with all obligations and

409

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

410

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

411

complied with all directives of the court and the requirements of

412

s. 322.245 and shall pay to the department a nonrefundable

413

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

414

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

415

into the Highway Safety Operating Trust Fund. If reinstated by

416

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

417

and $22.50 $10 shall be remitted to the Department of Revenue for

418

deposit into the Highway Safety Operating Trust Fund. However,

419

the service fee is not required if the person is required to pay

420

a $45 $35 fee or $75 $60 fee under the provisions of s. 322.21.

421

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