CS/HB 1479

1
A bill to be entitled
2An act relating to highway safety and motor vehicles;
3amending s. 316.126, F.S.; requiring drivers of vehicles
4to behave in a specified fashion when approaching
5emergency vehicles or wreckers; amending s. 316.2085,
6F.S.; revising requirements for motorcycle and moped
7license tags; prohibiting devices and methods that conceal
8or obscure the license tag; amending s. 316.2122, F.S.;
9authorizing mini truck operation on local roads and urban
10minor arterial roads with specified restrictions; amending
11s. 319.40, F.S.; authorizing the Department of Highway
12Safety and Motor Vehicles to issue an electronic
13certificate of title in lieu of printing a paper title;
14authorizing the department to collect and use e-mail
15addresses in lieu of the United States Postal Service to
16notify motor vehicle owners and registrants; amending s.
17320.01, F.S.; revising the definition of "motorcycle";
18defining the term "mini truck"; amending s. 320.023, F.S.;
19requiring that voluntary contributions collected by the
20department be deposited into and distributed from the
21Motor Vehicle License Clearing Trust Fund; creating s.
22320.0847, F.S.; providing for issuance of unique license
23plates for low-speed vehicles and mini trucks; amending s.
24320.203, F.S.; providing for the disposition of biennial
25license tax moneys; amending s. 320.95, F.S.; authorizing
26the department to collect and use e-mail addresses in lieu
27of the United States Postal Service to notify motor
28vehicle owners and registrants; amending s. 322.0261,
29F.S.; requiring the department to screen crash reports to
30identify a third crash by the same operator within a
31specified period after the driver's first crash; requiring
32a driver who is convicted of or who pleads nolo contendere
33to a traffic offense giving rise to three or more crashes
34within a specified period to attend a department-approved
35driver improvement course in order to maintain his or her
36driving privileges; providing for content of the driving
37course; requiring successful completion of a behind-the-
38wheel examination; requiring that the department cancel an
39operator's driver's license if the operator fails to
40complete the course within a specified time; amending s.
41322.03, F.S.; providing for part-time residents of the
42state to be issued a license that is valid within this
43state only and continue to hold such license until the
44next regularly scheduled renewal; providing a termination
45date for "Florida only" licenses; amending s. 322.051,
46F.S.; providing for the issuance of a duplicate
47identification card; amending s. 322.08, F.S.; prohibiting
48the department from issuing a driver's license or
49identification card to an applicant if the applicant holds
50a valid driver's license or identification card issued by
51any state; authorizing the department to collect and use
52e-mail addresses in lieu of the United States Postal
53Service to notify driver's license and identification card
54holders; amending s. 323.095, F.S.; eliminating a
55requirement that the department certify instructors of
56traffic law and substance abuse education courses;
57amending s. 322.18, F.S.; authorizing the department to
58use e-mail to notify holders of a driver's license of
59eligibility for renewal; amending s. 322.201, F.S.;
60providing that certain records of the department or the
61clerk of the court are admissible in evidence in all
62courts of the state; amending s. 322.2615, F.S.;
63eliminating the requirement that a copy of the crash
64report be submitted to the department within 5 days after
65issuing the notice of suspension; defining the term
66"lawful breath, blood, or urine test"; amending s.
67322.271, F.S.; authorizing the department to modify a
68revocation, cancellation, or suspension order; providing
69that the department may waive the hearing process for
70suspensions and revocations upon request by the driver
71under certain circumstances; amending s. 322.293, F.S.;
72correcting a reference; amending s. 322.64, F.S.;
73providing for disqualification of a driver of a commercial
74motor vehicle for certain violations; amending s. 328.30,
75F.S.; providing that the department may issue an
76electronic certificate of title in lieu of printing a
77paper title; authorizing the department to collect and use
78e-mail addresses in lieu of the United States Postal
79Service to notify vessel owners and registrants; amending
80s. 328.80, F.S.; providing that the department may accept
81any vessel application by electronic or telephonic means;
82authorizing the department to collect and use e-mail
83addresses in lieu of the United States Postal Service to
84notify vessel owners and registrants; providing effective
85dates.
86
87Be It Enacted by the Legislature of the State of Florida:
88
89     Section 1.  Subsection (1) of section 316.126, Florida
90Statutes, is amended to read:
91     316.126  Operation of vehicles and actions of pedestrians
92on approach of authorized emergency vehicle.--
93     (1)(a)  Upon the immediate approach of an authorized
94emergency vehicle, while en route to meet an existing emergency,
95the driver of every other vehicle shall, when such emergency
96vehicle is giving audible signals by siren, exhaust whistle, or
97other adequate device, or visible signals by the use of
98displayed blue or red lights, yield the right-of-way to the
99emergency vehicle and shall immediately proceed to a position
100parallel to, and as close as reasonable to the closest edge of
101the curb of the roadway, clear of any intersection and shall
102stop and remain in position until the authorized emergency
103vehicle has passed, unless otherwise directed by any law
104enforcement officer.
105     (b)  When an authorized emergency vehicle making use of any
106visual signals is parked or a wrecker displaying amber rotating
107or flashing lights is performing a recovery or loading on the
108roadside, the driver of every other vehicle, as soon as it is
109safe:
110     1.  Shall vacate the lane closest to the emergency vehicle
111or wrecker when driving on an interstate highway or other
112highway with two or more lanes traveling in the direction of the
113emergency vehicle or wrecker, except when otherwise directed by
114a law enforcement officer. If such movement cannot be safely
115accomplished, the driver shall reduce speed as provided in
116subparagraph 2.
117     2.  Shall slow to a speed that is 20 miles per hour less
118than the posted speed limit when the posted speed limit is 25
119miles per hour or greater; or travel at 5 miles per hour when
120the posted speed limit is 20 miles per hour or less, when
121driving on a two-lane road, except when otherwise directed by a
122law enforcement officer.
123     (c)  The Department of Highway Safety and Motor Vehicles
124shall provide an educational awareness campaign informing the
125motoring public about the Move Over Act. The department shall
126provide information about the Move Over Act in all newly printed
127driver's license educational materials after July 1, 2002.
128
129This section does shall not relieve the driver of an authorized
130emergency vehicle from the duty to drive with due regard for the
131safety of all persons using the highway.
132     Section 2.  Effective July 1, 2009, subsection (3) of
133section 316.2085, Florida Statutes, is amended to read:
134     316.2085  Riding on motorcycles or mopeds.--
135     (3)  The license tag of a motorcycle or moped must be
136permanently affixed horizontally to the vehicle ground and may
137not be adjusted or capable of being flipped up. No device for or
138method of concealing or obscuring the legibility of the license
139tag of a motorcycle shall be installed or used.
140     Section 3.  Effective July 1, 2009, section 316.2122,
141Florida Statutes, is amended to read:
142     316.2122  Operation of a low-speed vehicle or mini truck on
143certain roadways.--The operation of a low-speed vehicle, as
144defined in s. 320.01(42), or a mini truck as defined in s.
145320.01(45) on any road as defined in s. 334.03(15) or (33), is
146authorized with the following restrictions:
147     (1)  A low-speed vehicle or mini truck may be operated only
148on streets where the posted speed limit is 35 miles per hour or
149less. This does not prohibit a low-speed vehicle or mini truck
150from crossing a road or street at an intersection where the road
151or street has a posted speed limit of more than 35 miles per
152hour.
153     (2)  A low-speed vehicle must be equipped with headlamps,
154stop lamps, turn signal lamps, taillamps, reflex reflectors,
155parking brakes, rearview mirrors, windshields, seat belts, and
156vehicle identification numbers.
157     (3)  A low-speed vehicle or mini truck must be registered
158and insured in accordance with s. 320.02 and titled pursuant to
159chapter 319.
160     (4)  Any person operating a low-speed vehicle or mini truck
161must have in his or her possession a valid driver's license.
162     (5)  A county or municipality may prohibit the operation of
163low-speed vehicles or mini trucks on any road under its
164jurisdiction if the governing body of the county or municipality
165determines that such prohibition is necessary in the interest of
166safety.
167     (6)  The Department of Transportation may prohibit the
168operation of low-speed vehicles or mini trucks on any road under
169its jurisdiction if it determines that such prohibition is
170necessary in the interest of safety.
171     Section 4.  Section 319.40, Florida Statutes, is amended to
172read:
173     319.40  Transactions by electronic or telephonic means.--
174     (1)  The department is authorized to accept any application
175provided for under this chapter by electronic or telephonic
176means.
177     (2)  The department may issue an electronic certificate of
178title in lieu of printing a paper title.
179     (3)  The department may collect and use e-mail addresses of
180motor vehicle owners and registrants as a notification method in
181lieu of the United States Postal Service.
182     Section 5.  Effective July 1, 2009, subsection (27) of
183section 320.01, Florida Statutes, is amended, and subsection
184(45) is added to that section, to read:
185     320.01  Definitions, general.--As used in the Florida
186Statutes, except as otherwise provided, the term:
187     (27)  "Motorcycle" means any motor vehicle having a seat or
188saddle for the use of the rider and designed to travel on not
189more than three wheels in contact with the ground, but excluding
190a tractor, a moped, or a vehicle in which the operator is
191enclosed by a cabin unless it meets the requirements set forth
192by the National Highway Traffic Safety Administration for a
193motorcycle. The term "motorcycle" does not include a tractor or
194a moped.
195     (45)  "Mini truck" means any four-wheeled, reduced-
196dimension truck that does not have a National Highway Traffic
197Safety Administration truck classification, with a top speed of
19855 miles per hour, and which is equipped with headlamps, stop
199lamps, turn signal lamps, taillamps, reflex reflectors, parking
200brakes, rearview mirrors, windshields, and seat belts.
201     Section 6.  Paragraph (c) of subsection (5) of section
202320.023, Florida Statutes, is amended to read:
203     320.023  Requests to establish voluntary checkoff on motor
204vehicle registration application.--
205     (5)  A voluntary contribution collected and distributed
206under this chapter, or any interest earned from those
207contributions, may not be used for commercial or for-profit
208activities nor for general or administrative expenses, except as
209authorized by law.
210     (c)  Any voluntary contributions authorized by law must be
211deposited into and distributed from the Motor Vehicle License
212Clearing Trust Fund shall only be distributed to an organization
213under an appropriation by the Legislature.
214     Section 7.  Effective July 1, 2009, section 320.0847,
215Florida Statutes, is created to read:
216     320.0847  Mini truck and low-speed vehicle license
217plates.--
218     (1)  The department shall issue a license plate of unique
219design to the owner or lessee of any vehicle registered as a
220low-speed vehicle as defined in s. 320.01(42) or a mini truck as
221defined in s. 320.01(45) upon payment of the appropriate license
222taxes and fees prescribed in s. 320.08.
223     (2)  The license plate for a low-speed vehicle or mini
224truck shall comply with the provisions of s. 320.06.
225     Section 8.  Subsection (1) of section 320.203, Florida
226Statutes, is amended to read:
227     320.203  Disposition of biennial license tax moneys.--
228     (1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
229(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
230and pursuant to s. 216.351, after the provisions of s.
231320.20(1), (2), (3), and (4), and (5) are fulfilled, an amount
232equal to 50 percent of revenues collected from the biennial
233registrations created in s. 320.07 shall be retained in the
234Motor Vehicle License Clearing Trust Fund, authorized in s.
235215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
236fiscal year, an amount equal to 50 percent of revenues collected
237from the biennial registrations created in s. 320.07 shall be
238distributed according to ss. 320.08(1), (2), (3), (4)(a) or (b),
239(6), (7), (8), (9), (10), or (11), 320.08058, 328.76, and
240320.20(1), (2), (3), and (4), and (5).
241     Section 9.  Section 320.95, Florida Statutes, is amended to
242read:
243     320.95  Transactions by electronic or telephonic means.--
244     (1)  The department may is authorized to accept any
245application provided for under this chapter by electronic or
246telephonic means.
247     (2)  The department may collect and use e-mail addresses of
248motor vehicle owners and registrants as a notification method in
249lieu of the United States Postal Service.
250     Section 10.  Section 322.0261, Florida Statutes, is amended
251to read:
252     322.0261  Driver improvement course; requirement to
253maintain driving privileges; failure to complete; department
254approval of course.--
255     (1)  The department shall screen crash reports received
256under s. 316.066 or s. 324.051 to identify crashes involving the
257following:
258     (a)  A crash involving death or a bodily injury requiring
259transport to a medical facility; or
260     (b)  A second crash by the same operator within the
261previous 2-year period involving property damage in an apparent
262amount of at least $500; or
263     (c)  A third crash by the same operator within 36 months
264after the first crash.
265     (2)  With respect to an operator convicted of, or who
266pleaded nolo contendere to, a traffic offense giving rise to a
267crash identified in paragraph (1)(a) or paragraph (1)(b)
268pursuant to subsection (1), the department shall require that
269the operator, in addition to other applicable penalties, attend
270a department-approved driver improvement course in order to
271maintain his or her driving privileges. If the operator fails to
272complete the course within 90 days after of receiving notice
273from the department, the operator's driver's license shall be
274canceled by the department until the course is successfully
275completed.
276     (3)  With respect to an operator convicted of, or who
277pleaded nolo contendere to, a traffic offense giving rise to a
278crash identified in paragraph (1)(c), the department shall
279require that the operator, in addition to other applicable
280penalties, attend a department-approved driver improvement
281course in order to maintain his or her driving privileges. The
282course must include behind-the-wheel instruction and an
283assessment of the operator's ability to safely operate a motor
284vehicle. Successful completion of a behind-the-wheel examination
285is required in order to receive completion credit for the
286course. If the operator fails to complete the course within 90
287days after receiving notice from the department, the operator's
288driver's license shall be canceled by the department until the
289course is successfully completed.
290     (4)(3)  The department shall identify any operator
291convicted of, or who pleaded nolo contendere to, a second
292violation of s. 316.074(1) or s. 316.075(1)(c)1., which
293violation occurred within 12 months after the first violation,
294and shall require that operator, in addition to other applicable
295penalties, to attend a department-approved driver improvement
296course in order to maintain driving privileges. If the operator
297fails to complete the course within 90 days after receiving
298notice from the department, the operator's driver license shall
299be canceled by the department until the course is successfully
300completed.
301     (5)(4)  In determining whether to approve a driver
302improvement course for the purposes of this section, the
303department shall consider course content designed to promote
304safety, driver awareness, crash avoidance techniques, and other
305factors or criteria to improve driver performance from a safety
306viewpoint.
307     Section 11.  Effective July 1, 2009, subsection (1) of
308section 322.03, Florida Statutes, is amended to read:
309     322.03  Drivers must be licensed; penalties.--
310     (1)  Except as otherwise authorized in this chapter, a
311person may not drive any motor vehicle upon a highway in this
312state unless such person has a valid driver's license issued
313under the provisions of this chapter.
314     (a)  A person who drives a commercial motor vehicle may
315shall not receive a driver's license unless and until he or she
316surrenders to the department all driver's licenses in his or her
317possession issued to him or her by any other jurisdiction or
318makes an affidavit that he or she does not possess a driver's
319license. Any such person who fails to surrender such licenses or
320who makes a false affidavit concerning such licenses commits is
321guilty of a misdemeanor of the first degree, punishable as
322provided in s. 775.082 or s. 775.083.
323     (b)  A person who does not drive a commercial motor vehicle
324is not required to surrender a license issued by another
325jurisdiction, upon a showing to the department that such license
326is necessary because of employment or part-time residence. Any
327person who retains a driver's license because of employment or
328part-time residence shall, upon qualifying for a license in this
329state, be issued a driver's license which shall be valid within
330this state only. All surrendered licenses may be returned by the
331department to the issuing jurisdiction together with information
332that the licensee is now licensed in a new jurisdiction or may
333be destroyed by the department, which shall notify the issuing
334jurisdiction of such destruction. A person may not have more
335than one valid Florida driver's license at any time.
336     (c)  Part-time residents of this state issued a license
337that is valid within this state only under paragraph (b) as that
338paragraph existed before June 30, 2009, may continue to hold
339such license until the next issuance of a Florida driver's
340license or identification card. Licenses that are identified as
341"Valid in Florida Only" may not be issued or renewed effective
342July 1, 2009. This paragraph expires June 30, 2017.
343     Section 12.  Subsection (3) of section 322.051, Florida
344Statutes, is amended to read:
345     322.051  Identification cards.--
346     (3)  If an identification card issued under this section is
347lost, destroyed, or mutilated or a new name is acquired, the
348person to whom it was issued may obtain a duplicate upon
349furnishing satisfactory proof of such fact to the department and
350upon payment of the applicable fee under s. 322.21 a fee of $10
351for such duplicate, $2.50 of which shall be deposited into the
352General Revenue Fund and $7.50 into the Highway Safety Operating
353Trust Fund. The fee must shall include payment for the color
354photograph or digital image of the applicant. Any person who
355loses an identification card and who, after obtaining a
356duplicate, finds the original card shall immediately surrender
357the original card to the department. The same documentary
358evidence must shall be furnished for a duplicate as for an
359original identification card.
360     Section 13.  Subsection (6) of section 322.08, Florida
361Statutes, is redesignated as subsection (8), and new subsections
362(6) and (7) are added to that section, to read:
363     322.08  Application for license.--
364     (6)  The department may not issue a driver's license or
365identification card, as described in s. 322.051, to an applicant
366if the applicant holds a valid driver's license or
367identification card issued by any state.
368     (7)  The department may collect and use e-mail addresses of
369driver's license or identification card holders as a
370notification method in lieu of the United States Postal Service.
371     Section 14.  Subsection (1) of section 322.095, Florida
372Statutes, is amended to read:
373     322.095  Traffic law and substance abuse education program
374for driver's license applicants.--
375     (1)  The Department of Highway Safety and Motor Vehicles
376must approve traffic law and substance abuse education courses
377that must be completed by applicants for a Florida driver's
378license. The curricula for the courses must provide instruction
379on the physiological and psychological consequences of the abuse
380of alcohol and other drugs, the societal and economic costs of
381alcohol and drug abuse, the effects of alcohol and drug abuse on
382the driver of a motor vehicle, and the laws of this state
383relating to the operation of a motor vehicle. All instructors
384teaching the courses shall be certified by the department.
385     Section 15.  Paragraph (a) of subsection (8) of section
386322.18, Florida Statutes, is amended to read:
387     322.18  Original applications, licenses, and renewals;
388expiration of licenses; delinquent licenses.--
389     (8)  The department shall issue 8-year renewals using a
390convenience service without reexamination to drivers who have
391not attained 80 years of age. The department shall issue 6-year
392renewals using a convenience service when the applicant has
393satisfied the requirements of subsection (5).
394     (a)  If the department determines from its records that the
395holder of a license about to expire is eligible for renewal, the
396department shall mail or e-mail a renewal notice to the licensee
397at his or her last known address, not less than 30 days prior to
398the licensee's birthday. The renewal notice shall direct the
399licensee to appear at a driver license office for in-person
400renewal or to transmit the completed renewal notice and the fees
401required by s. 322.21 to the department using a convenience
402service.
403     Section 16.  Section 322.201, Florida Statutes, is amended
404to read:
405     322.201  Records as evidence.--A copy, computer copy, or
406transcript of all abstracts of crash reports and all abstracts
407of court records of convictions received by the department and
408the complete driving record of any individual duly certified by
409machine imprint of the department or by machine imprint of the
410clerk of a court shall be received as evidence in all courts of
411this state without further authentication, provided the same is
412otherwise admissible in evidence. Further, any court or the
413office of the clerk of any court of this state which is
414electronically connected by a terminal device to the computer
415data center of the department may use as evidence in any case
416the information obtained by this device from the records of the
417department without need of such certification; however, if a
418genuine issue as to the authenticity of such information is
419raised by a party or by the court, the court in its sound
420discretion may require that a record certified by the department
421be submitted for admission into evidence. For such computer
422copies generated by a terminal device of a court or clerk of
423court, entry in a driver's record that the notice required by s.
424322.251 was given shall constitute sufficient evidence that such
425notice was given.
426     Section 17.  Effective July 1, 2009, subsection (2) of
427section 322.2615, Florida Statutes, is amended, and subsection
428(17) is added to that section, to read:
429     322.2615  Suspension of license; right to review.--
430     (2)  Except as provided in paragraph (1)(a), the law
431enforcement officer shall forward to the department, within 5
432days after issuing the notice of suspension, the driver's
433license; an affidavit stating the officer's grounds for belief
434that the person was driving or in actual physical control of a
435motor vehicle while under the influence of alcoholic beverages
436or chemical or controlled substances; the results of any breath
437or blood test or an affidavit stating that a breath, blood, or
438urine test was requested by a law enforcement officer or
439correctional officer and that the person refused to submit; the
440officer's description of the person's field sobriety test, if
441any; and the notice of suspension; and a copy of the crash
442report, if any. The failure of the officer to submit materials
443within the 5-day period specified in this subsection and in
444subsection (1) does not affect the department's ability to
445consider any evidence submitted at or prior to the hearing. The
446officer may also submit a copy of the crash report or a copy of
447a videotape of the field sobriety test or the attempt to
448administer such test. Materials submitted to the department by a
449law enforcement agency or correctional agency shall be
450considered self-authenticating and shall be in the record for
451consideration by the hearing officer. Notwithstanding s.
452316.066(7), the crash report shall be considered by the hearing
453officer.
454     (17)  Notwithstanding s. 316.1932, the term "lawful breath,
455blood, or urine test" means any breath, blood, or urine test
456approved by the Department of Law Enforcement.
457     Section 18.  Subsection (2) of section 322.271, Florida
458Statutes, is amended to read:
459     322.271  Authority to modify revocation, cancellation, or
460suspension order.--
461     (2)(a)  At Upon such hearing, the person whose license has
462been suspended, canceled, or revoked may show that such
463suspension, cancellation, or revocation of his or her license
464causes a serious hardship and precludes the person from person's
465carrying out his or her normal business occupation, trade, or
466employment and that the use of the person's license in the
467normal course of his or her business is necessary to the proper
468support of the person or his or her family.
469     (a)  Except as otherwise provided in this subsection, the
470department shall require proof of the successful completion of
471the applicable department-approved driver training course
472operating pursuant to s. 318.1451 or DUI program substance abuse
473education course and evaluation as provided in s. 316.193(5).
474Letters of recommendation from respected business persons in the
475community, law enforcement officers, or judicial officers may
476also be required to determine whether the such person should be
477permitted to operate a motor vehicle on a restricted basis for
478business or employment use only and in determining whether such
479person can be trusted to so operate a motor vehicle. If a
480driver's license has been suspended under the point system or
481under pursuant to s. 322.2615, the department shall require
482proof of enrollment in the applicable department-approved driver
483training course or licensed DUI program substance abuse
484education course, including evaluation and treatment, if
485referred, and may require letters of recommendation described in
486this paragraph subsection to determine if the driver should be
487reinstated on a restricted basis. If the such person fails to
488complete the approved course within 90 days after reinstatement
489or subsequently fails to complete treatment, if applicable, the
490department shall cancel his or her driver's license until the
491course and treatment, if applicable, is successfully completed,
492notwithstanding the terms of the court order or any suspension
493or revocation of the driving privilege. The department may
494temporarily reinstate the driving privilege on a restricted
495basis upon verification from the DUI program that the offender
496has reentered and is currently participating in treatment and
497has completed the DUI education course and evaluation
498requirement. If the DUI program notifies the department of the
499second failure to complete treatment, the department shall
500reinstate the driving privilege only after notice of completion
501of treatment from the DUI program. The privilege of driving on a
502limited or restricted basis for business or employment use may
503shall not be granted to a person who has been convicted of a
504violation of s. 316.193 until completion of the DUI program
505substance abuse education course and evaluations as provided in
506s. 316.193(5). Except as provided in paragraph (c) (b), the
507privilege of driving on a limited or restricted basis for
508business or employment use may shall not be granted to a person
509whose license is revoked pursuant to s. 322.28 or suspended
510pursuant to s. 322.2615 and who has been convicted of a
511violation of s. 316.193 two or more times or whose license has
512been suspended two or more times for refusal to submit to a test
513pursuant to s. 322.2615 or former s. 322.261.
514     (b)  The department may waive the hearing process for
515suspensions and revocations upon request by the driver if the
516driver has enrolled or completed the applicable driver training
517course approved under s. 318.1451 or the DUI program substance
518abuse education course and evaluation provided in s. 316.193(5).
519However, the department may not waive the hearing for
520suspensions or revocations that involve death or serious bodily
521injury, multiple convictions for violations of s. 316.193
522pursuant to s. 322.27(5), or a second or subsequent suspension
523or revocation pursuant to the same provision of this chapter.
524This paragraph does not preclude the department from requiring a
525hearing for any suspension or revocation that it determines is
526warranted based on the severity of the offense.
527     (c)(b)  A person whose license has been revoked for a
528period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
529the expiration of 12 months after the date the said revocation
530was imposed, petition the department for reinstatement of his or
531her driving privilege on a restricted basis. A person whose
532license has been revoked for a period of more than 5 years under
533s. 322.28(2)(a) may, upon the expiration of 24 months after the
534date the revocation was imposed, petition the department for
535reinstatement of his or her driving privilege on a restricted
536basis. Reinstatement under of the driving privilege pursuant to
537this subsection is shall be restricted to business or employment
538purposes only. In addition, the department shall require such
539persons upon reinstatement to have not driven and to have been
540drug free for at least 12 months immediately before the prior to
541such reinstatement, to be supervised by a DUI program licensed
542by the department, and to report to the program at least three
543times a year as required by the program for the duration of the
544revocation period for supervision. Such supervision includes
545shall include evaluation, education, referral into treatment,
546and other activities required by the department. Such persons
547shall assume reasonable costs of supervision. If the such person
548fails to comply with the required supervision, the program shall
549report the failure to the department, and the department shall
550cancel the such person's driving privilege. This paragraph does
551not apply to any person whose driving privilege has been
552permanently revoked.
553     (d)(c)  For the purpose of this section, a previous
554conviction of driving under the influence, driving while
555intoxicated, driving with an unlawful blood-alcohol level, or
556any other similar alcohol-related or drug-related offense
557outside this state or a previous conviction of former s.
558316.1931, former s. 316.028, or former s. 860.01 is shall be
559considered a previous conviction for violation of s. 316.193.
560     (e)(d)  The department, based upon review of the licensee's
561application for reinstatement, may require use of an ignition
562interlock device pursuant to s. 322.2715.
563     Section 19.  Subsection (2) of section 322.293, Florida
564Statutes, is amended to read:
565     322.293  DUI Programs Coordination Trust Fund; assessment;
566disposition.--
567     (2)  Each DUI program shall assess $12 against each person
568enrolling in a DUI program at the time of enrollment, including
569persons who transfer to or from a program in another state. In
570addition, second and third offenders and those offenders under
571permanent driver's-license revocation who are evaluated for
572eligibility for license restrictions under s. 322.271(2)(c)(b)
573and (4) shall be assessed $12 upon enrollment in the program and
574upon each subsequent anniversary date while they are in the
575program, for the duration of the license period.
576     Section 20.  Subsection (1), paragraph (b) of subsection
577(7), and subsection (8) of section 322.64, Florida Statutes, are
578amended to read:
579     322.64  Holder of commercial driver's license; persons
580operating a commercial motor vehicle; driving with unlawful
581blood-alcohol level; refusal to submit to breath, urine, or
582blood test.--
583     (1)(a)  A law enforcement officer or correctional officer
584shall, on behalf of the department, disqualify from operating
585any commercial motor vehicle a person who while operating or in
586actual physical control of a commercial motor vehicle is
587arrested for a violation of s. 316.193, relating to unlawful
588blood-alcohol level or breath-alcohol level, or a person who has
589refused to submit to a breath, urine, or blood test authorized
590by s. 322.63 or s. 316.1932 arising out of the operation or
591actual physical control of a commercial motor vehicle. A law
592enforcement officer or correctional officer shall, on behalf of
593the department, disqualify the holder of a commercial driver's
594license from operating any commercial motor vehicle if the
595licenseholder, while operating or in actual physical control of
596a motor vehicle, is arrested for a violation of s. 316.193,
597relating to unlawful blood-alcohol level or breath-alcohol
598level, or refused to submit to a breath, urine, or blood test
599authorized by s. 322.63 or s. 316.1932. Upon disqualification of
600the person, the officer shall take the person's driver's license
601and issue the person a 10-day temporary permit for the operation
602of noncommercial vehicles only if the person is otherwise
603eligible for the driving privilege and shall issue the person a
604notice of disqualification. If the person has been given a
605blood, breath, or urine test, the results of which are not
606available to the officer at the time of the arrest, the agency
607employing the officer shall transmit such results to the
608department within 5 days after receipt of the results. If the
609department then determines that the person had a blood-alcohol
610level or breath-alcohol level of 0.08 or higher, the department
611shall disqualify the person from operating a commercial motor
612vehicle pursuant to subsection (3).
613     (b)  The disqualification under paragraph (a) shall be
614pursuant to, and the notice of disqualification shall inform the
615driver of, the following:
616     1.a.  The driver refused to submit to a lawful breath,
617blood, or urine test and he or she is disqualified from
618operating a commercial motor vehicle for a period of 1 year, for
619a first refusal, or permanently, if he or she has previously
620been disqualified under this section as a result of a refusal to
621submit to such a test; or
622     b.  The driver was driving or in actual physical control of
623a commercial motor vehicle, or any motor vehicle if the driver
624holds a commercial driver's license, had an unlawful blood-
625alcohol level or breath-alcohol level of 0.08 or higher, and his
626or her driving privilege shall be disqualified for a period of 1
627year for a first offense or permanently disqualified if his or
628her driving privilege has been previously disqualified under
629this section.
630     2.  The disqualification period for operating commercial
631vehicles shall commence on the date of issuance of the notice of
632disqualification.
633     3.  The driver may request a formal or informal review of
634the disqualification by the department within 10 days after the
635date of issuance of the notice of disqualification.
636     4.  The temporary permit issued at the time of
637disqualification expires at midnight of the 10th day following
638the date of disqualification.
639     5.  The driver may submit to the department any materials
640relevant to the disqualification.
641     (7)  In a formal review hearing under subsection (6) or an
642informal review hearing under subsection (4), the hearing
643officer shall determine by a preponderance of the evidence
644whether sufficient cause exists to sustain, amend, or invalidate
645the disqualification. The scope of the review shall be limited
646to the following issues:
647     (b)  If the person was disqualified from operating a
648commercial motor vehicle for refusal to submit to a breath,
649blood, or urine test:
650     1.  Whether the law enforcement officer had probable cause
651to believe that the person was driving or in actual physical
652control of a commercial motor vehicle, or any motor vehicle if
653the driver holds a commercial driver's license, in this state
654while he or she had any alcohol, chemical substances, or
655controlled substances in his or her body.
656     2.  Whether the person refused to submit to the test after
657being requested to do so by a law enforcement officer or
658correctional officer.
659     3.  Whether the person was told that if he or she refused
660to submit to such test he or she would be disqualified from
661operating a commercial motor vehicle for a period of 1 year or,
662if previously disqualified under this section in the case of a
663second refusal, permanently.
664     (8)  Based on the determination of the hearing officer
665pursuant to subsection (7) for both informal hearings under
666subsection (4) and formal hearings under subsection (6), the
667department shall:
668     (a)  Sustain the disqualification for a period of 1 year
669for a first refusal, or permanently if such person has been
670previously disqualified from operating a commercial motor
671vehicle under this section as a result of a refusal to submit to
672such tests. The disqualification period commences on the date of
673the arrest or issuance of the notice of disqualification,
674whichever is later.
675     (b)  Sustain the disqualification:
676     1.  For a period of 1 year if the person was driving or in
677actual physical control of a commercial motor vehicle, or any
678motor vehicle if the driver holds a commercial driver's license,
679and had an unlawful blood-alcohol level or breath-alcohol level
680of 0.08 or higher; or
681     2.  Permanently if the person has been previously
682disqualified from operating a commercial motor vehicle under
683this section or his or her driving privilege has been previously
684suspended for driving or being in actual physical control of a
685commercial motor vehicle, or any motor vehicle if the driver
686holds a commercial driver's license, and had an unlawful blood-
687alcohol level or breath-alcohol level of 0.08 or higher.
688
689The disqualification period commences on the date of the arrest
690or issuance of the notice of disqualification.
691     Section 21.  Section 328.30, Florida Statutes, is amended
692to read:
693     328.30  Transactions by electronic or telephonic means.--
694     (1)  The department may is authorized to accept any
695application provided for under this chapter by electronic or
696telephonic means.
697     (2)  The department may issue an electronic certificate of
698title in lieu of printing a paper title.
699     (3)  The department may collect and use e-mail addresses of
700vessel owners and registrants as a notification method in lieu
701of the United States Postal Service.
702     Section 22.  Section 328.80, Florida Statutes, is amended
703to read:
704     328.80  Transactions by electronic or telephonic means.--
705     (1)  The department may commission is authorized to accept
706any application provided for under this chapter by electronic or
707telephonic means.
708     (2)  The department may collect and use e-mail addresses of
709vessel owners and registrants as a notification method in lieu
710of the United States Postal Service.
711     Section 23.  Except as otherwise expressly provided in this
712act, this act shall take effect January 1, 2010.


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