Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1100
       
       
       
       
       
       
                                Barcode 799364                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/15/2009           .                                
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       The Committee on Transportation and Economic Development
       Appropriations (Gardiner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 58 - 69
    4  and insert:
    5         Section 2. Implementation of litigation settlement
    6  provisions of Collier v. Dickinson.
    7         (1)Any person who held a driver's license, identification
    8  card, or motor vehicle registration that was valid between June
    9  1, 2000, and September 30, 2004, is eligible to receive a single
   10  $1 credit on a new or renewed motor vehicle registration between
   11  July 1, 2009, and June 30, 2010.
   12         (2)Notwithstanding the provisions of s. 320.08046, Florida
   13  Statutes, the 58 percent of the surcharge levied under s.
   14  320.08046, Florida Statutes, that is to be deposited into the
   15  General Revenue Fund pursuant to that section shall be used to
   16  fund the $1 credit authorized in subsection (1).
   17         (3)The Department of Highway Safety and Motor Vehicles may
   18  only allow the credits authorized in subsection (1) if the
   19  United States District Court for the Southern District of
   20  Florida grants an order finally approving the settlement
   21  agreement in Collier, et al. v. Dickinson, et al., case number
   22  04-21351-DV-JEM.
   23         (4)This section expires July 1, 2011.
   24         Section 3. Subsection (1) of section 316.126, Florida
   25  Statutes, is amended to read:
   26         316.126 Operation of vehicles and actions of pedestrians on
   27  approach of authorized emergency vehicle.—
   28         (1)(a) Upon the immediate approach of an authorized
   29  emergency vehicle, while en route to meet an existing emergency,
   30  the driver of every other vehicle shall, when such emergency
   31  vehicle is giving audible signals by siren, exhaust whistle, or
   32  other adequate device, or visible signals by the use of
   33  displayed blue or red lights, yield the right-of-way to the
   34  emergency vehicle and shall immediately proceed to a position
   35  parallel to, and as close as reasonable to the closest edge of
   36  the curb of the roadway, clear of any intersection and shall
   37  stop and remain in position until the authorized emergency
   38  vehicle has passed, unless otherwise directed by any law
   39  enforcement officer.
   40         (b) When an authorized emergency vehicle making use of any
   41  visual signals is parked or a wrecker displaying amber rotating
   42  or flashing lights is performing a recovery or loading on the
   43  roadside, the driver of every other vehicle, as soon as it is
   44  safe:
   45         1. Shall vacate the lane closest to the emergency vehicle
   46  or wrecker when driving on an interstate highway or other
   47  highway with two or more lanes traveling in the direction of the
   48  emergency vehicle or wrecker, except when otherwise directed by
   49  a law enforcement officer. If such movement cannot be safely
   50  accomplished, the driver shall reduce speed as provided in
   51  subparagraph 2.
   52         2. Shall slow to a speed that is 20 miles per hour less
   53  than the posted speed limit when the posted speed limit is 25
   54  miles per hour or greater; or travel at 5 miles per hour when
   55  the posted speed limit is 20 miles per hour or less, when
   56  driving on a two-lane road, except when otherwise directed by a
   57  law enforcement officer.
   58         (c) The Department of Highway Safety and Motor Vehicles
   59  shall provide an educational awareness campaign informing the
   60  motoring public about the Move Over Act. The department shall
   61  provide information about the Move Over Act in all newly printed
   62  driver’s license educational materials after July 1, 2002.
   63  
   64         This section does shall not relieve the driver of an
   65  authorized emergency vehicle from the duty to drive with due
   66  regard for the safety of all persons using the highway.
   67         Section 4. Subsection (3) of section 316.2085, Florida
   68  Statutes, is amended to read:
   69         316.2085 Riding on motorcycles or mopeds.—
   70         (3) The license tag of a motorcycle or moped must be
   71  permanently affixed horizontally to the vehicle ground and may
   72  not be adjusted or capable of being flipped up. No device for or
   73  method of concealing or obscuring the legibility of the license
   74  tag of a motorcycle shall be installed or used.
   75         Section 5. Section 316.2122, Florida Statutes, is amended
   76  to read:
   77         316.2122 Operation of a low-speed vehicle or mini truck on
   78  certain roadways.—The operation of a low-speed vehicle, as
   79  defined in s. 320.01(42), or a mini truck as defined in s.
   80  320.01(45) on any road as defined in s. 334.03(15) or (33), is
   81  authorized with the following restrictions:
   82         (1) A low-speed vehicle or mini truck may be operated only
   83  on streets where the posted speed limit is 35 miles per hour or
   84  less. This does not prohibit a low-speed vehicle or mini truck
   85  from crossing a road or street at an intersection where the road
   86  or street has a posted speed limit of more than 35 miles per
   87  hour.
   88         (2) A low-speed vehicle must be equipped with headlamps,
   89  stop lamps, turn signal lamps, taillamps, reflex reflectors,
   90  parking brakes, rearview mirrors, windshields, seat belts, and
   91  vehicle identification numbers.
   92         (3) A low-speed vehicle or mini truck must be registered
   93  and insured in accordance with s. 320.02 and titled pursuant to
   94  chapter 319.
   95         (4) Any person operating a low-speed vehicle or mini truck
   96  must have in his or her possession a valid driver’s license.
   97         (5) A county or municipality may prohibit the operation of
   98  low-speed vehicles or mini trucks on any road under its
   99  jurisdiction if the governing body of the county or municipality
  100  determines that such prohibition is necessary in the interest of
  101  safety.
  102         (6) The Department of Transportation may prohibit the
  103  operation of low-speed vehicles or mini trucks on any road under
  104  its jurisdiction if it determines that such prohibition is
  105  necessary in the interest of safety.
  106         Section 6. Subsection (27) of section 320.01, Florida
  107  Statutes, is amended , and subsection (45) is added to that
  108  section, to read:
  109         320.01 Definitions, general.—As used in the Florida
  110  Statutes, except as otherwise provided, the term:
  111         (27) “Motorcycle” means any motor vehicle having a seat or
  112  saddle for the use of the rider and designed to travel on not
  113  more than three wheels in contact with the ground, but excluding
  114  a tractor, a moped, or a vehicle in which the operator is
  115  enclosed by a cabin unless it meets the requirements set forth
  116  by the National Highway Traffic Safety Administration for a
  117  motorcycle. The term "motorcycle" does not include a tractor or
  118  a moped.
  119         (45)"Mini truck" means any four-wheeled, reduced-dimension
  120  truck that does not have a National Highway Traffic Safety
  121  Administration truck classification, with a top speed of 55
  122  miles per hour, and which is equipped with headlamps, stop
  123  lamps, turn signal lamps, taillamps, reflex reflectors, parking
  124  brakes, rearview mirrors, windshields, and seat belts.
  125         Section 7. Section 320.0847, Florida Statutes, is created
  126  to read:
  127         320.0847Mini truck and low-speed vehicle license plates.—
  128         (1)The department shall issue a license plate to the owner
  129  or lessee of any vehicle registered as a low-speed vehicle as
  130  defined in s. 320.01(42) or a mini truck as defined in s.
  131  320.01(45) upon payment of the appropriate license taxes and
  132  fees prescribed in s. 320.08.
  133         (2)The license plate for a low-speed vehicle or mini truck
  134  shall comply with the provisions of s. 320.06.
  135         Section 8. Effective November 1, 2009, paragraph (a) of
  136  subsection (2) of section 320.0848, Florida Statutes, is amended
  137  to read:
  138         320.0848 Persons who have disabilities; issuance of
  139  disabled parking permits; temporary permits; permits for certain
  140  providers of transportation services to persons who have
  141  disabilities.—
  142         (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
  143  MOBILITY PROBLEMS.—
  144         (a) The disabled parking permit is a placard that can be
  145  placed in a motor vehicle so as to be visible from the front and
  146  rear of the vehicle. Each side of the placard must have the
  147  international symbol of accessibility in a contrasting color in
  148  the center so as to be visible. One side of the placard must
  149  display the applicant’s driver’s license number or state
  150  identification card number along with a warning that the
  151  applicant must have such identification at all times while using
  152  the parking permit. In those cases where the severity of the
  153  disability prevents a disabled person from physically visiting
  154  or being transported to a driver license or tax collector office
  155  to obtain a driver license or identification card, a certifying
  156  physician can sign the exemption section of the department's
  157  parking permit application to exempt the disabled person from
  158  being issued a driver license or identification card for the
  159  number to be displayed on the parking permit. A validation
  160  sticker must also be issued with each disabled parking permit,
  161  showing the month and year of expiration on each side of the
  162  placard. Validation stickers must be of the size specified by
  163  the Department of Highway Safety and Motor Vehicles and must be
  164  affixed to the disabled parking permits. The disabled parking
  165  permits must use the same colors as license plate validations.
  166         Section 9. Effective January 1, 2010, section 322.0261,
  167  Florida Statutes, is amended to read:
  168         322.0261 Driver improvement course; requirement to maintain
  169  driving privileges; failure to complete; department approval of
  170  course.—
  171         (1) The department shall screen crash reports received
  172  under s. 316.066 or s. 324.051 to identify crashes involving the
  173  following:
  174         (a) A crash involving death or a bodily injury requiring
  175  transport to a medical facility; or
  176         (b) A second crash by the same operator within the previous
  177  2-year period involving property damage in an apparent amount of
  178  at least $500; or
  179         (c)A third crash by the same operator within 36 months
  180  after the first crash.
  181         (2) With respect to an operator convicted of, or who
  182  pleaded nolo contendere to, a traffic offense giving rise to a
  183  crash identified in paragraph (1)(a) or paragraph (1)(b)
  184  pursuant to subsection (1), the department shall require that
  185  the operator, in addition to other applicable penalties, attend
  186  a department-approved driver improvement course in order to
  187  maintain his or her driving privileges. If the operator fails to
  188  complete the course within 90 days after of receiving notice
  189  from the department, the operator’s driver’s license shall be
  190  canceled by the department until the course is successfully
  191  completed.
  192         (3)With respect to an operator convicted of, or who
  193  pleaded nolo contendere to, a traffic offense giving rise to a
  194  crash identified in paragraph (1)(c), the department shall
  195  require that the operator, in addition to other applicable
  196  penalties, attend a department-approved driver improvement
  197  course in order to maintain his or her driving privileges. The
  198  course must include behind-the-wheel instruction and an
  199  assessment of the operator’s ability to safely operate a motor
  200  vehicle. Successful completion of a behind-the-wheel examination
  201  is required in order to receive completion credit for the
  202  course. If the operator fails to complete the course within 90
  203  days after receiving notice from the department, the operator’s
  204  driver’s license shall be canceled by the department until the
  205  course is successfully completed.
  206         (4)(3) The department shall identify any operator convicted
  207  of, or who pleaded nolo contendere to, a second violation of s.
  208  316.074(1) or s. 316.075(1)(c)1., which violation occurred
  209  within 12 months after the first violation, and shall require
  210  that operator, in addition to other applicable penalties, to
  211  attend a department-approved driver improvement course in order
  212  to maintain driving privileges. If the operator fails to
  213  complete the course within 90 days after receiving notice from
  214  the department, the operator’s driver license shall be canceled
  215  by the department until the course is successfully completed.
  216         (5)(4) In determining whether to approve a driver
  217  improvement course for the purposes of this section, the
  218  department shall consider course content designed to promote
  219  safety, driver awareness, crash avoidance techniques, and other
  220  factors or criteria to improve driver performance from a safety
  221  viewpoint.
  222         Section 10. Effective November 1, 2009, subsection (1) of
  223  section 322.03, Florida Statutes, is amended to read:
  224         322.03 Drivers must be licensed; penalties.—
  225         (1) Except as otherwise authorized in this chapter, a
  226  person may not drive any motor vehicle upon a highway in this
  227  state unless such person has a valid driver’s license issued
  228  under the provisions of this chapter.
  229         (a) A person who drives a commercial motor vehicle may
  230  shall not receive a driver’s license unless and until he or she
  231  surrenders to the department all driver’s licenses in his or her
  232  possession issued to him or her by any other jurisdiction or
  233  makes an affidavit that he or she does not possess a driver’s
  234  license. Any such person who fails to surrender such licenses or
  235  who makes a false affidavit concerning such licenses commits is
  236  guilty of a misdemeanor of the first degree, punishable as
  237  provided in s. 775.082 or s. 775.083.
  238         (b) A person who does not drive a commercial motor vehicle
  239  is not required to surrender a license issued by another
  240  jurisdiction, upon a showing to the department that such license
  241  is necessary because of employment or part-time residence. Any
  242  person who retains a driver’s license because of employment or
  243  part-time residence shall, upon qualifying for a license in this
  244  state, be issued a driver’s license which shall be valid within
  245  this state only. All surrendered licenses may be returned by the
  246  department to the issuing jurisdiction together with information
  247  that the licensee is now licensed in a new jurisdiction or may
  248  be destroyed by the department, which shall notify the issuing
  249  jurisdiction of such destruction. A person may not have more
  250  than one valid Florida driver’s license at any time.
  251         (c)Part-time residents of this state issued a license that
  252  is valid within this state only under paragraph (b) as that
  253  paragraph existed before November 1, 2009, may continue to hold
  254  such license until the next issuance of a Florida driver's
  255  license or identification card. Licenses that are identified as
  256  "Valid in Florida Only" may not be issued or renewed effective
  257  November 1, 2009. This paragraph expires June 30, 2017.
  258         Section 11. Effective November 1, 2009, subsection (6) of
  259  section 322.08, Florida Statutes, is renumbered as subsection
  260  (7), respectively, and subsection (6) is added to that section,
  261  to read:
  262         322.08 Application for license.—
  263         (6)The department may not issue a driver's license or
  264  identification card, as described in s. 322.051, to an applicant
  265  if the applicant holds a valid driver's license or
  266  identification card issued by any state.
  267         Section 12. Subsection (7) is added to section 322.125,
  268  Florida Statutes, to read:
  269         322.125 Medical Advisory Board.—
  270         (7)The Department of Highway Safety and Motor Vehicles
  271  shall adopt such rules and regulations as are required to carry
  272  out the purpose of this section.
  273         Section 13. Subsection (2) of section 322.271, Florida
  274  Statutes, is amended to read:
  275         322.271 Authority to modify revocation, cancellation, or
  276  suspension order.—
  277         (2)(a) At Upon such hearing, the person whose license has
  278  been suspended, canceled, or revoked may show that such
  279  suspension, cancellation, or revocation of his or her license
  280  causes a serious hardship and precludes the person from person’s
  281  carrying out his or her normal business occupation, trade, or
  282  employment and that the use of the person’s license in the
  283  normal course of his or her business is necessary to the proper
  284  support of the person or his or her family.
  285         (a) Except as otherwise provided in this subsection, the
  286  department shall require proof of the successful completion of
  287  the applicable department-approved driver training course
  288  operating pursuant to s. 318.1451 or DUI program substance abuse
  289  education course and evaluation as provided in s. 316.193(5).
  290  Letters of recommendation from respected business persons in the
  291  community, law enforcement officers, or judicial officers may
  292  also be required to determine whether the such person should be
  293  permitted to operate a motor vehicle on a restricted basis for
  294  business or employment use only and in determining whether such
  295  person can be trusted to so operate a motor vehicle. If a
  296  driver’s license has been suspended under the point system or
  297  under pursuant to s. 322.2615, the department shall require
  298  proof of enrollment in the applicable department-approved driver
  299  training course or licensed DUI program substance abuse
  300  education course, including evaluation and treatment, if
  301  referred, and may require letters of recommendation described in
  302  this paragraph subsection to determine if the driver should be
  303  reinstated on a restricted basis. If the such person fails to
  304  complete the approved course within 90 days after reinstatement
  305  or subsequently fails to complete treatment, if applicable, the
  306  department shall cancel his or her driver’s license until the
  307  course and treatment, if applicable, is successfully completed,
  308  notwithstanding the terms of the court order or any suspension
  309  or revocation of the driving privilege. The department may
  310  temporarily reinstate the driving privilege on a restricted
  311  basis upon verification from the DUI program that the offender
  312  has reentered and is currently participating in treatment and
  313  has completed the DUI education course and evaluation
  314  requirement. If the DUI program notifies the department of the
  315  second failure to complete treatment, the department shall
  316  reinstate the driving privilege only after notice of completion
  317  of treatment from the DUI program. The privilege of driving on a
  318  limited or restricted basis for business or employment use may
  319  shall not be granted to a person who has been convicted of a
  320  violation of s. 316.193 until completion of the DUI program
  321  substance abuse education course and evaluations as provided in
  322  s. 316.193(5). Except as provided in paragraph (c) (b), the
  323  privilege of driving on a limited or restricted basis for
  324  business or employment use may shall not be granted to a person
  325  whose license is revoked pursuant to s. 322.28 or suspended
  326  pursuant to s. 322.2615 and who has been convicted of a
  327  violation of s. 316.193 two or more times or whose license has
  328  been suspended two or more times for refusal to submit to a test
  329  pursuant to s. 322.2615 or former s. 322.261.
  330         (b)The department may waive the hearing process for
  331  suspensions and revocations upon request by the driver if the
  332  driver has enrolled or completed the applicable driver training
  333  course approved under s. 318.1451 or the DUI program substance
  334  abuse education course and evaluation provided in s. 316.193(5).
  335  However, the department may not waive the hearing for
  336  suspensions or revocations that involve death or serious bodily
  337  injury, multiple convictions for violations of s. 316.193
  338  pursuant to s. 322.27(5), or a second or subsequent suspension
  339  or revocation pursuant to the same provision of this chapter.
  340  This paragraph does not preclude the department from requiring a
  341  hearing for any suspension or revocation that it determines is
  342  warranted based on the severity of the offense.
  343         (c) (b) A person whose license has been revoked for a
  344  period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
  345  the expiration of 12 months after the date the said revocation
  346  was imposed, petition the department for reinstatement of his or
  347  her driving privilege on a restricted basis. A person whose
  348  license has been revoked for a period of more than 5 years under
  349  s. 322.28(2)(a) may, upon the expiration of 24 months after the
  350  date the revocation was imposed, petition the department for
  351  reinstatement of his or her driving privilege on a restricted
  352  basis. Reinstatement under of the driving privilege pursuant to
  353  this subsection is shall be restricted to business or employment
  354  purposes only. In addition, the department shall require such
  355  persons upon reinstatement to have not driven and to have been
  356  drug free for at least 12 months immediately before the prior to
  357  such reinstatement, to be supervised by a DUI program licensed
  358  by the department, and to report to the program at least three
  359  times a year as required by the program for the duration of the
  360  revocation period for supervision. Such supervision includes
  361  shall include evaluation, education, referral into treatment,
  362  and other activities required by the department. Such persons
  363  shall assume reasonable costs of supervision. If the such person
  364  fails to comply with the required supervision, the program shall
  365  report the failure to the department, and the department shall
  366  cancel the such person’s driving privilege. This paragraph does
  367  not apply to any person whose driving privilege has been
  368  permanently revoked.
  369         (d)(c) For the purpose of this section, a previous
  370  conviction of driving under the influence, driving while
  371  intoxicated, driving with an unlawful blood-alcohol level, or
  372  any other similar alcohol-related or drug-related offense
  373  outside this state or a previous conviction of former s.
  374  316.1931, former s. 316.028, or former s. 860.01 is shall be
  375  considered a previous conviction for violation of s. 316.193.
  376         (e)(d) The department, based upon review of the licensee’s
  377  application for reinstatement, may require use of an ignition
  378  interlock device pursuant to s. 322.2715.
  379         Section 14. Subsection (1), paragraph (b) of subsection
  380  (7), and subsection (8) of section 322.64, Florida Statutes, is
  381  amended to read:
  382         322.64 Holder of commercial driver’s license; persons
  383  operating a commercial motor vehicle; driving with unlawful
  384  blood-alcohol level; refusal to submit to breath, urine, or
  385  blood test.—
  386         (1)(a) A law enforcement officer or correctional officer
  387  shall, on behalf of the department, disqualify from operating
  388  any commercial motor vehicle a person who while operating or in
  389  actual physical control of a commercial motor vehicle is
  390  arrested for a violation of s. 316.193, relating to unlawful
  391  blood-alcohol level or breath-alcohol level, or a person who has
  392  refused to submit to a breath, urine, or blood test authorized
  393  by s. 322.63 or s. 316.1932 arising out of the operation or
  394  actual physical control of a commercial motor vehicle. A law
  395  enforcement officer or correctional officer shall, on behalf of
  396  the department, disqualify the holder of a commercial driver’s
  397  license from operating any commercial motor vehicle if the
  398  licenseholder, while operating or in actual physical control of
  399  a motor vehicle, is arrested for a violation of s. 316.193,
  400  relating to unlawful blood-alcohol level or breath-alcohol
  401  level, or refused to submit to a breath, urine, or blood test
  402  authorized by s. 322.63 or s. 316.1932. Upon disqualification of
  403  the person, the officer shall take the person’s driver’s license
  404  and issue the person a 10-day temporary permit for the operation
  405  of noncommercial vehicles only if the person is otherwise
  406  eligible for the driving privilege and shall issue the person a
  407  notice of disqualification. If the person has been given a
  408  blood, breath, or urine test, the results of which are not
  409  available to the officer at the time of the arrest, the agency
  410  employing the officer shall transmit such results to the
  411  department within 5 days after receipt of the results. If the
  412  department then determines that the person had a blood-alcohol
  413  level or breath-alcohol level of 0.08 or higher, the department
  414  shall disqualify the person from operating a commercial motor
  415  vehicle pursuant to subsection (3).
  416         (b) The disqualification under paragraph (a) shall be
  417  pursuant to, and the notice of disqualification shall inform the
  418  driver of, the following:
  419         1.a. The driver refused to submit to a lawful breath,
  420  blood, or urine test and he or she is disqualified from
  421  operating a commercial motor vehicle for a period of 1 year, for
  422  a first refusal, or permanently, if he or she has previously
  423  been disqualified under this section as a result of a refusal to
  424  submit to such a test; or
  425         b. The driver was driving or in actual physical control of
  426  a commercial motor vehicle, or any motor vehicle if the driver
  427  holds a commercial driver’s license, had an unlawful blood
  428  alcohol level or breath-alcohol level of 0.08 or higher, and his
  429  or her driving privilege shall be disqualified for a period of 1
  430  year for a first offense or permanently disqualified if his or
  431  her driving privilege has been previously disqualified under
  432  this section.
  433         2. The disqualification period for operating commercial
  434  vehicles shall commence on the date of issuance of the notice of
  435  disqualification.
  436         3. The driver may request a formal or informal review of
  437  the disqualification by the department within 10 days after the
  438  date of issuance of the notice of disqualification.
  439         4. The temporary permit issued at the time of
  440  disqualification expires at midnight of the 10th day following
  441  the date of disqualification.
  442         5. The driver may submit to the department any materials
  443  relevant to the disqualification.
  444         (7) In a formal review hearing under subsection (6) or an
  445  informal review hearing under subsection (4), the hearing
  446  officer shall determine by a preponderance of the evidence
  447  whether sufficient cause exists to sustain, amend, or invalidate
  448  the disqualification. The scope of the review shall be limited
  449  to the following issues:
  450         (b) If the person was disqualified from operating a
  451  commercial motor vehicle for refusal to submit to a breath,
  452  blood, or urine test:
  453         1. Whether the law enforcement officer had probable cause
  454  to believe that the person was driving or in actual physical
  455  control of a commercial motor vehicle, or any motor vehicle if
  456  the driver holds a commercial driver’s license, in this state
  457  while he or she had any alcohol, chemical substances, or
  458  controlled substances in his or her body.
  459         2. Whether the person refused to submit to the test after
  460  being requested to do so by a law enforcement officer or
  461  correctional officer.
  462         3. Whether the person was told that if he or she refused to
  463  submit to such test he or she would be disqualified from
  464  operating a commercial motor vehicle for a period of 1 year or,  
  465  if previously disqualified under this section in the case of a
  466  second refusal, permanently.
  467         (8) Based on the determination of the hearing officer
  468  pursuant to subsection (7) for both informal hearings under
  469  subsection (4) and formal hearings under subsection (6), the
  470  department shall:
  471         (a) Sustain the disqualification for a period of 1 year for
  472  a first refusal, or permanently if such person has been
  473  previously disqualified from operating a commercial motor
  474  vehicle under this section as a result of a refusal to submit to
  475  such tests. The disqualification period commences on the date of
  476  the arrest or issuance of the notice of disqualification,
  477  whichever is later.
  478         (b) Sustain the disqualification:
  479         1. For a period of 1 year if the person was driving or in
  480  actual physical control of a commercial motor vehicle, or any
  481  motor vehicle if the driver holds a commercial driver’s license,
  482  and had an unlawful blood-alcohol level or breath-alcohol level
  483  of 0.08 or higher; or
  484         2. Permanently if the person has been previously
  485  disqualified from operating a commercial motor vehicle under
  486  this section or his or her driving privilege has been previously
  487  suspended for driving or being in actual physical control of a
  488  commercial motor vehicle, or any motor vehicle if the driver
  489  holds a commercial driver’s license, and had an unlawful blood
  490  alcohol level or breath-alcohol level of 0.08 or higher.
  491  
  492         The disqualification period commences on the date of the
  493  arrest or issuance of the notice of disqualification.
  494         Section 15. Except as otherwise expressly provided in this
  495  act, this act shall take effect July 1, 2009.
  496  
  497  ================= T I T L E  A M E N D M E N T ================
  498         And the title is amended as follows:
  499         Delete lines 6 - 10
  500  and insert:
  501         Motor Vehicle Inspection; providing for the implementation
  502  of a certain litigation settlement; providing eligibility and
  503  procedures to collect a credit on new or renewal registrations;
  504  providing a funding mechanism for the credit; requiring the
  505  credit amounts to be deducted from specified moneys deposited
  506  into the General Revenue Fund; providing that the credits are
  507  contingent on court approval of a final settlement; providing
  508  for expiration; amending s. 316.126, F.S.; requiring drivers of
  509  vehicles to behave in a specified fashion when approaching
  510  emergency vehicles or wreckers; amending s. 316.2085, F.S.;
  511  revising requirements for motorcycle and moped license tags;
  512  prohibiting devices and methods that conceal or obscure the
  513  license tag; amending s. 316.2122, F.S.; authorizing mini truck
  514  operation on local roads and urban minor arterial roads with
  515  specified restrictions; amending s. 320.01, F.S.; revising the
  516  definition of "motorcycle"; defining the term "mini truck";
  517  creating s. 320.0847, F.S.; providing for issuance of unique
  518  license plates for low-speed vehicles and mini trucks; amending
  519  s. 320.0848, F.S.; providing an exemption for certain person
  520  obtaining a disabled parking permit; amending s. 322.0261, F.S.;
  521  requiring the department to screen crash reports to identify a
  522  third crash by the same operator within a specified period after
  523  the driver's first crash; requiring a driver who is convicted of
  524  or who pleads nolo contendere to a traffic offense giving rise
  525  to three or more crashes within a specified period to attend a
  526  department-approved driver improvement course in order to
  527  maintain his or her driving privileges; providing for content of
  528  the driving course; requiring successful completion of a behind
  529  the-wheel examination; requiring that the department cancel an
  530  operator's driver's license if the operator fails to complete
  531  the course within a specified time; amending s. 322.03, F.S.;
  532  providing for part-time residents of the state to be issued a
  533  license that is valid within this state only and continue to
  534  hold such license until the next regularly scheduled renewal;
  535  providing a termination date for "Florida only" licenses;
  536  amending s. 322.08, F.S.; prohibiting the department from
  537  issuing a driver's license or identification card to an
  538  applicant if the applicant holds a valid driver's license or
  539  identification card issued by any state; amending s. 322.125,
  540  F.S.; authorizing the department to adopt rules and regulations
  541  relating to the Medical Advisory Board; amending s. 322.271,
  542  F.S.; authorizing the department to modify a revocation,
  543  cancellation, or suspension order; providing that the department
  544  may waive the hearing process for suspensions and revocations
  545  upon request by the driver under certain circumstances; amending
  546  s. 322.64, F.S.; providing for disqualification of a driver of a
  547  commercial motor vehicle for certain violations; providing
  548  effective dates.