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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. 322.21, F.S.;

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increasing the fees for reinstating a suspended or revoked

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driver's license or commercial motor vehicle license;

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requiring that the fees collected from reinstating a

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suspended or revoked driver's license be used to establish

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a recruitment and retention salary plan for officers of

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the highway patrol; authorizing the director to use the

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license reinstating fees for a salary scale for highway

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patrol officers which is competitive with other law

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enforcement agencies; amending s. 322.29, F.S., relating

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to the surrender and return of a license; conforming

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provisions to changes made by the act; providing an

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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

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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 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 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 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

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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.

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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 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

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is authorized to use such electronic, mechanical, or other

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devices as necessary to accomplish the purposes of this 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 or

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

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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 is

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

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

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military or naval establishment in this state as shown in the

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

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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 Department

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

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determined by the United States Department of Veterans Affairs or

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its predecessor to have a 100-percent total and permanent

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service-connected disability rating for compensation, or has been

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determined to have a service-connected total and permanent

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disability rating of 100 percent and is in receipt of disability

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retirement pay from any branch of the United States Armed

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

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this chapter is exempt from all fees required by 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 the

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person's privilege to operate a commercial motor vehicle must

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

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

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at the time of reinstatement. The department shall issue proper

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receipts for such fees and shall promptly transmit all funds

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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 patrol.

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The director of the Division of the Florida Highway Patrol may

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

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highway patrol officers which is competitive with the average of

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

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

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

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service with the patrol and his or her job performance with

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respect to established patrol-duty requirements.

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

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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 must

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

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one person convicted of violations arising out of the same

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

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deposit the fee into the Highway Safety Operating Trust Fund at

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

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

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

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

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

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offense. The department shall collect and deposit the additional

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

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reinstatement of the person's driver's license. 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 revocation or suspension of a

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

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

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     Section 4.  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 or

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s. 322.245 shall present to the department certification from the

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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 of

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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 retained

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

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deposit into the Highway Safety Operating Trust Fund. However,

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

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

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     Section 5.  This act shall take effect July 1, 2008.