CS/CS/HB 1479

1
A bill to be entitled
2An act relating to highway safety and motor vehicles;
3providing for the implementation of a certain litigation
4settlement; providing eligibility and procedures to
5collect a credit on new or renewal registrations;
6providing a funding mechanism for the credit; requiring
7the credit amounts to be deducted from specified moneys
8deposited into the General Revenue Fund; authorizing
9recipients to return the credit; providing that the
10credits are contingent on court approval of a final
11settlement; providing for expiration; reenacting and
12amending s. 20.24, F.S., relating to creation and
13organization of the Department of Highway Safety and Motor
14Vehicles; removing a provision for a Bureau of Motor
15Vehicle Inspection within the department; amending s.
16316.003, F.S.; revising the definition of the term
17"motorcycle" to include tri-vehicles; defining the term
18"tri-vehicle" for purposes of the Florida Uniform Traffic
19Control Law; amending s. 316.0741, F.S.; revising the
20definition of the term "hybrid vehicle" to include tri-
21vehicles that are inherently low-emission vehicles;
22amending s. 316.126, F.S.; requiring drivers of vehicles
23to behave in a specified fashion when approaching
24emergency vehicles or wreckers; amending s. 316.2085,
25F.S.; revising requirements for motorcycle and moped
26license tags; prohibiting devices and methods that conceal
27or obscure the license tag; amending s. 316.2122, F.S.;
28authorizing mini truck operation on local roads and urban
29minor arterial roads with specified restrictions; amending
30s. 319.30, F.S.; revising the definitions of the terms
31"certificate of title," "derelict motor vehicle," and
32"derelict motor vehicle certificate"; defining the term
33"seller"; revising provisions for a derelict motor vehicle
34to be dismantled or converted to scrap metal; requiring
35derelict vehicle certificate applications received by
36salvage motor vehicle dealers and secondary metals
37recyclers to contain the identification card number of the
38seller or owner; providing that towing operators may not
39use a derelict motor vehicle certificate application to
40transport, sell, or dispose of a motor vehicle at a
41salvage motor vehicle dealer or metal recycler without
42obtaining the title or certificate of destruction;
43providing penalties; amending s. 320.01, F.S.; revising
44the definition of the term "motorcycle"; defining the term
45"mini truck"; amending s. 320.08, F.S.; providing an
46annual license tax for the operation of tri-vehicles;
47creating s. 320.0847, F.S.; providing for issuance of
48license plates for low-speed vehicles and mini trucks;
49amending s. 320.0848, F.S.; providing that a certifying
50physician may sign a parking permit application on behalf
51of a disabled person unable to physically visit a driver
52license or tax collector's office; amending s. 322.01,
53F.S.; revising the definition of the term "motorcycle" to
54include tri-vehicles; defining the term "tri-vehicle" as
55used in provisions for driver's licenses; amending s.
56322.0261, F.S.; requiring the department to screen crash
57reports to identify a third crash by the same operator
58within a specified period after the driver's first crash;
59requiring a driver who is convicted of or who pleads nolo
60contendere to a traffic offense giving rise to three or
61more crashes within a specified period to attend a
62department-approved driver improvement course in order to
63maintain his or her driving privileges; providing for
64content of the driving course; requiring successful
65completion of a behind-the-wheel examination; requiring
66that the department cancel an operator's driver's license
67if the operator fails to complete the course within a
68specified time; amending s. 322.03, F.S.; providing for
69part-time residents of the state to be issued a license
70that is valid within this state only and continue to hold
71such license until the next regularly scheduled renewal;
72providing a termination date for Florida-only licenses;
73amending s. 322.08, F.S.; prohibiting the department from
74issuing a driver's license or identification card to an
75applicant if the applicant holds a valid driver's license
76or identification card issued by any state; amending s.
77322.125, F.S.; directing the department to adopt rules
78with respect to its Medical Advisory Board; amending s.
79322.271, F.S.; authorizing the department to modify a
80revocation, cancellation, or suspension order; providing
81that the department may waive the hearing process for
82suspensions and revocations upon request by the driver
83under certain circumstances; amending s. 322.64, F.S.;
84providing for disqualification of a driver of a commercial
85motor vehicle for certain violations; providing effective
86dates.
87
88Be It Enacted by the Legislature of the State of Florida:
89
90     Section 1.  Implementation of litigation settlement
91provisions of Collier v. Dickinson.--
92     (1)  Any person who held a driver's license, identification
93card, or motor vehicle registration that was valid between June
941, 2000, and September 30, 2004, is eligible to receive a single
95$1 credit on a new or renewed motor vehicle registration between
96July 1, 2009, and June 30, 2010.
97     (2)  Notwithstanding the provisions of s. 320.08046,
98Florida Statutes, the 58 percent of the surcharge levied under
99s. 320.08046, Florida Statutes, that is to be deposited into the
100General Revenue Fund pursuant to that section shall be used to
101fund the $1 credit authorized in subsection (1).
102     (3)  Eligible recipients may elect to return their credit.
103     (4)  The Department of Highway Safety and Motor Vehicles
104may only allow the credits authorized in subsection (1) if the
105United States District Court for the Southern District of
106Florida grants an order finally approving the settlement
107agreement in Collier, et al. v. Dickinson, et al., case number
10804-21351-DV-JEM.
109     (5)  This section takes effect upon this act becoming a law
110and expires July 1, 2011.
111     Section 2.  Section 20.24, Florida Statutes, is reenacted
112and amended to read:
113     20.24  Department of Highway Safety and Motor
114Vehicles.--There is created a Department of Highway Safety and
115Motor Vehicles.
116     (1)  The head of the Department of Highway Safety and Motor
117Vehicles is the Governor and Cabinet.
118     (2)  The following divisions, and bureaus within the
119divisions, of the Department of Highway Safety and Motor
120Vehicles are established:
121     (a)  Division of the Florida Highway Patrol.
122     (b)  Division of Driver Licenses.
123     (c)  Division of Motor Vehicles.
124     1.  Bureau of Motor Vehicle Inspection.
125     Section 3.  Section 320.08046, Florida Statutes, reads:
126     320.08046  Surcharge on license tax; General Revenue
127Fund.--There is levied on each license tax imposed under s.
128320.08, except those set forth in s. 320.08(11), a surcharge in
129the amount of $1, which shall be collected in the same manner as
130the license tax. Of the proceeds of the license tax surcharge,
13158 percent shall be deposited into the General Revenue Fund and
13242 percent shall be deposited into the Grants and Donations
133Trust Fund in the Department of Juvenile Justice to fund the
134community juvenile justice partnership grants program.
135     Section 4.  Effective September 1, 2009, subsection (22) of
136section 316.003, Florida Statutes, is amended, and subsection
137(86) is added to that section, to read:
138     316.003  Definitions.--The following words and phrases,
139when used in this chapter, shall have the meanings respectively
140ascribed to them in this section, except where the context
141otherwise requires:
142     (22)  MOTORCYCLE.--Any motor vehicle having a seat or
143saddle for the use of the rider and designed to travel on not
144more than three wheels in contact with the ground, but excluding
145a tractor, or a moped, or tri-vehicle.
146     (86)  TRI-VEHICLE.--An enclosed three-wheeled passenger
147vehicle that is designed to operate with three wheels in contact
148with the ground; has a minimum unladen weight of 900 pounds; has
149a single, completely enclosed, occupant compartment; is produced
150by its manufacturer in a minimum quantity of 300 in any calendar
151year; and is equipped with:
152     (a)  Seats that are certified by the vehicle manufacturer
153to meet the requirements of Federal Motor Vehicle Safety
154Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207.
155     (b)  A steering wheel used to maneuver the vehicle.
156     (c)  A propulsion unit located either forward or aft of the
157enclosed occupant compartment.
158     (d)  A seat belt for each vehicle occupant certified to
159meet the requirements of Federal Motor Vehicle Safety Standard
160No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209.
161     (e)  A windshield and appropriate windshield wipers meeting
162the requirements of Federal Motor Vehicle Safety Standard No.
163205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal
164Motor Vehicle Safety Standard No. 212, Windshield Wiper
165Assemblies, Title 49, C.F.R. s. 571.212.
166     (f)  A vehicle structure certified by the vehicle
167manufacturer to meet the requirements of Federal Motor Vehicle
168Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R.
169s. 571.216.
170     Section 5.  Effective September 1, 2009, subsection (1) of
171section 316.0741, Florida Statutes, is amended to read:
172     316.0741  High-occupancy-vehicle lanes.--
173     (1)  As used in this section, the term:
174     (a)  "High-occupancy-vehicle lane" or "HOV lane" means a
175lane of a public roadway designated for use by vehicles in which
176there is more than one occupant unless otherwise authorized by
177federal law.
178     (b)  "Hybrid vehicle" means a motor vehicle:
179     1.  That draws propulsion energy from onboard sources of
180stored energy which are both an internal combustion or heat
181engine using combustible fuel and a rechargeable energy-storage
182system; and
183     2.  That, in the case of a passenger automobile or light
184truck, has received a certificate of conformity under the Clean
185Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
186equivalent qualifying California standards for a low-emission
187vehicle; or
188     2.  That, in the case of a tri-vehicle, is an inherently
189low-emission vehicle (ILEV) in accordance with subsection (4).
190     Section 6.  Subsection (1) of section 316.126, Florida
191Statutes, is amended to read:
192     316.126  Operation of vehicles and actions of pedestrians
193on approach of authorized emergency vehicle.--
194     (1)(a)  Upon the immediate approach of an authorized
195emergency vehicle, while en route to meet an existing emergency,
196the driver of every other vehicle shall, when such emergency
197vehicle is giving audible signals by siren, exhaust whistle, or
198other adequate device, or visible signals by the use of
199displayed blue or red lights, yield the right-of-way to the
200emergency vehicle and shall immediately proceed to a position
201parallel to, and as close as reasonable to the closest edge of
202the curb of the roadway, clear of any intersection and shall
203stop and remain in position until the authorized emergency
204vehicle has passed, unless otherwise directed by any law
205enforcement officer.
206     (b)  When an authorized emergency vehicle making use of any
207visual signals is parked or a wrecker displaying amber rotating
208or flashing lights is performing a recovery or loading on the
209roadside, the driver of every other vehicle, as soon as it is
210safe:
211     1.  Shall vacate the lane closest to the emergency vehicle
212or wrecker when driving on an interstate highway or other
213highway with two or more lanes traveling in the direction of the
214emergency vehicle or wrecker, except when otherwise directed by
215a law enforcement officer. If such movement cannot be safely
216accomplished, the driver shall reduce speed as provided in
217subparagraph 2.
218     2.  Shall slow to a speed that is 20 miles per hour less
219than the posted speed limit when the posted speed limit is 25
220miles per hour or greater; or travel at 5 miles per hour when
221the posted speed limit is 20 miles per hour or less, when
222driving on a two-lane road, except when otherwise directed by a
223law enforcement officer.
224     (c)  The Department of Highway Safety and Motor Vehicles
225shall provide an educational awareness campaign informing the
226motoring public about the Move Over Act. The department shall
227provide information about the Move Over Act in all newly printed
228driver's license educational materials after July 1, 2002.
229
230This section does shall not relieve the driver of an authorized
231emergency vehicle from the duty to drive with due regard for the
232safety of all persons using the highway.
233     Section 7.  Subsection (3) of section 316.2085, Florida
234Statutes, is amended to read:
235     316.2085  Riding on motorcycles or mopeds.--
236     (3)  The license tag of a motorcycle or moped must be
237permanently affixed horizontally to the vehicle ground and may
238not be adjusted or capable of being flipped up. A device for or
239method of concealing or obscuring the legibility of the license
240tag of a motorcycle may not be installed or used.
241     Section 8.  Section 316.2122, Florida Statutes, is amended
242to read:
243     316.2122  Operation of a low-speed vehicle or mini truck on
244certain roadways.--The operation of a low-speed vehicle, as
245defined in s. 320.01(42), or a mini truck as defined in s.
246320.01(45) on any road as defined in s. 334.03(15) or (33), is
247authorized with the following restrictions:
248     (1)  A low-speed vehicle or mini truck may be operated only
249on streets where the posted speed limit is 35 miles per hour or
250less. This does not prohibit a low-speed vehicle or mini truck
251from crossing a road or street at an intersection where the road
252or street has a posted speed limit of more than 35 miles per
253hour.
254     (2)  A low-speed vehicle must be equipped with headlamps,
255stop lamps, turn signal lamps, taillamps, reflex reflectors,
256parking brakes, rearview mirrors, windshields, seat belts, and
257vehicle identification numbers.
258     (3)  A low-speed vehicle or mini truck must be registered
259and insured in accordance with s. 320.02 and titled pursuant to
260chapter 319.
261     (4)  Any person operating a low-speed vehicle or mini truck
262must have in his or her possession a valid driver's license.
263     (5)  A county or municipality may prohibit the operation of
264low-speed vehicles or mini trucks on any road under its
265jurisdiction if the governing body of the county or municipality
266determines that such prohibition is necessary in the interest of
267safety.
268     (6)  The Department of Transportation may prohibit the
269operation of low-speed vehicles or mini trucks on any road under
270its jurisdiction if it determines that such prohibition is
271necessary in the interest of safety.
272     Section 9.  Effective July 1, 2009, paragraphs (c), (e),
273and (f) of subsection (1), paragraphs (b) and (c) of subsection
274(2), and paragraph (a) of subsection (7) of section 319.30,
275Florida Statutes, are amended, paragraphs (f) and (g) of
276subsection (8) are redesignated as paragraphs (g) and (h),
277respectively, a new paragraph (f) is added to subsection (8),
278and paragraph (v) is added to subsection (1) of that section, to
279read:
280     319.30  Definitions; dismantling, destruction, change of
281identity of motor vehicle or mobile home; salvage.--
282     (1)  As used in this section, the term:
283     (c)  "Certificate of title" means a record that serves as
284evidence of ownership of a vehicle, whether such record is a
285paper certificate authorized by the department or by another
286motor vehicle department authorized to issue titles in another
287state or a certificate consisting of information stored in
288electronic form in the department's database.
289     (e)  "Derelict motor vehicle" means any motor vehicle as
290defined in s. 320.01(1) or mobile home as defined in s.
291320.01(2), with or without all parts, major parts, or major
292component parts, which is valued under $1,000, is at least 10
293model years old beginning with the model year of the vehicle
294being year 1, and is in such condition that its highest or
295primary value is for sale, transport, or delivery to a licensed
296salvage motor vehicle dealer or registered secondary metals
297recycler for dismantling its component parts or conversion to
298scrap metal.
299     (f)  "Derelict motor vehicle certificate" means a
300certificate issued by the department which serves as evidence
301that a derelict motor vehicle will be dismantled or converted to
302scrap metal. The certificate is obtained by completing a
303derelict motor vehicle certificate application authorized by the
304department completed by the derelict motor vehicle owner, the
305owner's authorized transporter when different from the owner,
306and the licensed salvage motor vehicle dealer or the registered
307secondary metals recycler and submitted to the department for
308cancellation of the title record of the derelict motor vehicle.
309A derelict motor vehicle certificate may be reassigned only one
310time if the derelict motor vehicle certificate was completed by
311a licensed salvage motor vehicle dealer and the derelict motor
312vehicle was sold to a secondary metals recycler.
313     (v)  "Seller" means a person who has physical possession of
314and responsibility for a derelict motor vehicle and attests that
315all attempts to locate the lawful titled owner have been
316exhausted. A seller does not include a towing company, a repair
317shop, or a landlord unless such company, shop, or landlord has
318obtained a certificate of title, salvage certificate of title,
319or certificate of destruction in its own name.
320     (2)
321     (b)1.  When a motor vehicle, recreational vehicle, or
322mobile home is sold, transported, or delivered to a salvage
323motor vehicle dealer, it shall be accompanied by:
324     a.  A valid certificate of title issued in the name of the
325seller or properly endorsed, as required in s. 319.22, over to
326the seller;
327     b.  A valid salvage certificate of title issued in the name
328of the seller or properly endorsed, as required in s. 319.22,
329over to the seller; or
330     c.  A valid certificate of destruction issued in the name
331of the seller or properly endorsed over to the seller.
332     2.  Any person who willfully and deliberately violates this
333paragraph by selling, transporting, delivering, purchasing, or
334receiving a motor vehicle, recreational vehicle, or mobile home
335without obtaining a properly endorsed certificate of title,
336salvage certificate of title, or certificate of destruction from
337the owner commits a felony of the third degree, punishable as
338provided in s. 775.082, s. 775.083, or s. 775.084.
339     (c)1.  When a derelict motor vehicle is sold, transported,
340or delivered to a licensed salvage motor vehicle dealer, the
341purchaser shall record the date of purchase and the name,
342address, and personal identification card number of the person
343selling the derelict motor vehicle, and it shall be accompanied
344by:
345     a.  A valid certificate of title issued in the name of the
346seller or properly endorsed, as required in s. 319.22, over to
347the seller;
348     b.  A valid salvage certificate of title issued in the name
349of the seller or properly endorsed, as required in s. 319.22,
350over to the seller; or
351     c.  A valid certificate of destruction issued in the name
352of the seller or properly endorsed over to the seller.
353     2.  If the certificate of title, salvage certificate of
354title, or certificate of destruction is not available, a
355derelict motor vehicle certificate application shall be
356completed by the seller or owner of the motor vehicle or mobile
357home, the seller's or owner's authorized transporter, and the
358licensed salvage motor vehicle dealer at the time of sale,
359transport, or delivery to the licensed salvage motor vehicle
360dealer. The derelict motor vehicle certificate application shall
361be used by the seller or owner, the seller's or owner's
362authorized transporter, and the licensed salvage motor vehicle
363dealer to obtain a derelict motor vehicle certificate from the
364department. The identifying number on the personal
365identification card of the seller or owner must be recorded on
366the derelict motor vehicle certificate application. The derelict
367motor vehicle certificate application must be accompanied by a
368copy of the seller's or owner's personal identification card if
369the personal identification card is not a driver's license or
370identification card issued by this state. The licensed salvage
371motor vehicle dealer shall secure the motor vehicle or mobile
372home for 3 full business days, excluding weekends and holidays,
373before destroying or dismantling the derelict motor vehicle and
374shall follow all reporting procedures established by the
375department, including electronic notification to the department
376or delivery of the original derelict motor vehicle certificate
377application to an agent of the department within 24 hours after
378receiving the derelict motor vehicle.
379     3.  Any person who willfully and deliberately violates this
380paragraph by selling, transporting, delivering, purchasing, or
381receiving a derelict motor vehicle without obtaining a
382certificate of title, salvage certificate of title, certificate
383of destruction, or derelict motor vehicle certificate
384application; enters false or fictitious information on a
385derelict motor vehicle certificate application; does not
386complete the derelict motor vehicle certificate application as
387required; does not obtain a copy of the seller's or owner's
388personal identification card when required; or does not make the
389required notification to the department; or destroys or
390dismantles a derelict motor vehicle without waiting the required
3913 full business days commits a felony of the third degree,
392punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
393     (7)(a)  In the event of a purchase by a secondary metals
394recycler, that has been issued a certificate of registration
395number, of:
396     1.  Materials, prepared materials, or parts from any seller
397for purposes other than the processing of such materials,
398prepared materials, or parts, the purchaser shall obtain such
399documentation as may be required by this section and shall
400record the seller's name and address, date of purchase, and the
401personal identification card number of the person delivering
402such items.
403     2.  Parts or prepared materials from any seller for
404purposes of the processing of such parts or prepared materials,
405the purchaser shall record the seller's name and address and
406date of purchase and, in the event of a purchase transaction
407consisting primarily of parts or prepared materials, the
408personal identification card number of the person delivering
409such items.
410     3.  Materials from another secondary metals recycler for
411purposes of the processing of such materials, the purchaser
412shall record the seller's name and address and date of purchase.
413     4.a.  Motor vehicles, recreational vehicles, mobile homes,
414or derelict motor vehicles from other than a secondary metals
415recycler for purposes of the processing of such motor vehicles,
416recreational vehicles, mobile homes, or derelict motor vehicles,
417the purchaser shall record the date of purchase and the name,
418address, and personal identification card number of the person
419selling such items and shall obtain the following documentation
420from the seller with respect to each item purchased:
421     (I)  A valid certificate of title issued in the name of the
422seller or properly endorsed, as required in s. 319.22, over to
423the seller;
424     (II)  A valid salvage certificate of title issued in the
425name of the seller or properly endorsed, as required in s.
426319.22, over to the seller;
427     (III)(II)  A valid certificate of destruction issued in the
428name of the seller or properly endorsed over to the seller; or
429     (IV)(III)  A valid derelict motor vehicle certificate
430obtained from the department completed by a licensed salvage
431motor vehicle dealer and properly reassigned to the secondary
432metals recycler.
433     b.  If a valid certificate of title, salvage certificate of
434title, certificate of destruction, or derelict motor vehicle
435certificate is not available and the motor vehicle or mobile
436home is a derelict motor vehicle, a derelict motor vehicle
437certificate application shall be completed by the seller or
438owner of the motor vehicle or mobile home, the seller's or
439owner's authorized transporter, and the registered secondary
440metals recycler at the time of sale, transport, or delivery to
441the registered secondary metals recycler. The derelict motor
442vehicle certificate application shall be used by the seller or
443owner, the seller's or owner's authorized transporter, and the
444registered secondary metals recycler to obtain a derelict motor
445vehicle certificate from the department. The identifying number
446on the personal identification card of the seller or owner must
447be recorded on the derelict motor vehicle certificate
448application. The derelict motor vehicle certificate application
449must be accompanied by a copy of the seller's or owner's
450personal identification card if the personal identification card
451is not a driver's license or identification card issued by this
452state. The registered secondary metals recycler shall secure the
453derelict motor vehicle for 3 full business days, excluding
454weekends and holidays, before destroying or dismantling the
455derelict motor vehicle and shall follow all reporting procedures
456established by the department, including electronic notification
457to the department or delivery of the original derelict motor
458vehicle certificate application to an agent of the department
459within 24 hours after receiving the derelict motor vehicle.
460     c.  Any person who willfully and deliberately violates this
461subparagraph by selling, transporting, delivering, purchasing,
462or receiving a motor vehicle, recreational motor vehicle, mobile
463home, or derelict motor vehicle without obtaining a certificate
464of title, salvage certificate of title, certificate of
465destruction, or derelict motor vehicle certificate, or derelict
466motor vehicle certificate application; enters false or
467fictitious information on a derelict motor vehicle certificate
468application; does not complete the derelict motor vehicle
469certificate application as required; does not obtain a copy of
470the seller's or owner's personal identification card when
471required; or does not make the required notification to the
472department; or destroys or dismantles a derelict motor vehicle
473without waiting the required 3 full business days commits a
474felony of the third degree, punishable as provided in s.
475775.082, s. 775.083, or s. 775.084.
476     5.  Major parts from other than a secondary metals recycler
477for purposes of the processing of such major parts, the
478purchaser shall record the seller's name, address, date of
479purchase, and the personal identification card number of the
480person delivering such items, as well as the vehicle
481identification number, if available, of each major part
482purchased.
483     (8)
484     (f)  This section does not authorize any person who is
485engaged in the business of recovering, towing, or storing
486vehicles pursuant to s. 713.78 and claims a lien for performing
487labor or services on a motor vehicle or mobile home pursuant to
488s. 713.58 or claims a motor vehicle or mobile home has remained
489on a premises after tenancy has terminated pursuant to s.
490715.104 to use a derelict motor vehicle certificate application
491for the purpose of transporting, selling, or disposing of a
492motor vehicle at a salvage motor vehicle dealer or metal
493recycler without obtaining the title or certificate of
494destruction required under s. 713.58, s. 713.78, or s. 715.104.
495Any person who transports, sells, or disposes of any motor
496vehicle or mobile home that was recovered, towed, or stored
497pursuant to s. 713.78 and claims a lien for performing labor or
498services on a motor vehicle or mobile home pursuant to s. 713.58
499or claims a motor vehicle or mobile home has remained on a
500premises after tenancy has terminated pursuant to s. 715.104
501with a derelict motor vehicle certificate application commits a
502felony of the third degree, punishable as provided in s.
503775.082, s. 775.083, or s. 775.084.
504     (g)(f)  The department is authorized to adopt rules
505pursuant to ss. 120.536(1) and 120.54 establishing policies and
506procedures to administer and enforce this section.
507     (h)(g)  The department shall charge a fee of $3 for each
508derelict motor vehicle certificate delivered to the department
509or one of its agents for processing and shall mark the title
510record canceled. A service charge may be collected under s.
511320.04.
512     (9)  Except as otherwise provided in this section, any
513person who violates this section commits a felony of the third
514degree, punishable as provided in s. 775.082, s. 775.083, or s.
515775.084.
516     Section 10.  Subsection (27) of section 320.01, Florida
517Statutes, is amended, and subsection (45) is added to that
518section, to read:
519     320.01  Definitions, general.--As used in the Florida
520Statutes, except as otherwise provided, the term:
521     (27)  "Motorcycle" means any motor vehicle having a seat or
522saddle for the use of the rider and designed to travel on not
523more than three wheels in contact with the ground, but excluding
524a tractor, a moped, or a vehicle in which the operator is
525enclosed by a cabin unless it meets the requirements set forth
526by the National Highway Traffic Safety Administration for a
527motorcycle. The term "motorcycle" does not include a tractor or
528a moped.
529     (45)  "Mini truck" means any four-wheeled, reduced-
530dimension truck that does not have a National Highway Traffic
531Safety Administration truck classification, with a top speed of
53255 miles per hour, and which is equipped with headlamps, stop
533lamps, turn signal lamps, taillamps, reflex reflectors, parking
534brakes, rearview mirrors, windshields, and seat belts.
535     Section 11.  Effective September 1, 2009, section 320.08,
536Florida Statutes, is amended to read:
537     320.08  License taxes.--Except as otherwise provided
538herein, there are hereby levied and imposed annual license taxes
539for the operation of motor vehicles, mopeds, motorized bicycles
540as defined in s. 316.003(2), tri-vehicles, and mobile homes, as
541defined in s. 320.01, which shall be paid to and collected by
542the department or its agent upon the registration or renewal of
543registration of the following:
544     (1)  MOTORCYCLES AND MOPEDS.--
545     (a)  Any motorcycle: $10 flat.
546     (b)  Any moped: $5 flat.
547     (c)  Upon registration of any motorcycle, motor-driven
548cycle, or moped there shall be paid in addition to the license
549taxes specified in this subsection a nonrefundable motorcycle
550safety education fee in the amount of $2.50. The proceeds of
551such additional fee shall be deposited in the Highway Safety
552Operating Trust Fund to fund a motorcycle driver improvement
553program implemented pursuant to s. 322.025, the Florida
554Motorcycle Safety Education Program established in s. 322.0255,
555or the general operations of the department.
556     (d)  An ancient or antique motorcycle: $10 flat.
557     (2)  AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.--
558     (a)  An ancient or antique automobile, as defined in s.
559320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
560     (b)  Net weight of less than 2,500 pounds: $14.50 flat.
561     (c)  Net weight of 2,500 pounds or more, but less than
5623,500 pounds: $22.50 flat.
563     (d)  Net weight of 3,500 pounds or more: $32.50 flat.
564     (3)  TRUCKS.--
565     (a)  Net weight of less than 2,000 pounds: $14.50 flat.
566     (b)  Net weight of 2,000 pounds or more, but not more than
5673,000 pounds: $22.50 flat.
568     (c)  Net weight more than 3,000 pounds, but not more than
5695,000 pounds: $32.50 flat.
570     (d)  A truck defined as a "goat," or any other vehicle when
571used in the field by a farmer or in the woods for the purpose of
572harvesting a crop, including naval stores, during such
573harvesting operations, and which is not principally operated
574upon the roads of the state: $7.50 flat. A "goat" is a motor
575vehicle designed, constructed, and used principally for the
576transportation of citrus fruit within citrus groves or for the
577transportation of crops on farms, and which can also be used for
578the hauling of associated equipment or supplies, including
579required sanitary equipment, and the towing of farm trailers.
580     (e)  An ancient or antique truck, as defined in s. 320.086:
581$7.50 flat.
582     (4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
583VEHICLE WEIGHT.--
584     (a)  Gross vehicle weight of 5,001 pounds or more, but less
585than 6,000 pounds: $45 flat.
586     (b)  Gross vehicle weight of 6,000 pounds or more, but less
587than 8,000 pounds: $65 flat.
588     (c)  Gross vehicle weight of 8,000 pounds or more, but less
589than 10,000 pounds: $76 flat.
590     (d)  Gross vehicle weight of 10,000 pounds or more, but
591less than 15,000 pounds: $87 flat.
592     (e)  Gross vehicle weight of 15,000 pounds or more, but
593less than 20,000 pounds: $131 flat.
594     (f)  Gross vehicle weight of 20,000 pounds or more, but
595less than 26,001 pounds: $186 flat.
596     (g)  Gross vehicle weight of 26,001 pounds or more, but
597less than 35,000: $240 flat.
598     (h)  Gross vehicle weight of 35,000 pounds or more, but
599less than 44,000 pounds: $300 flat.
600     (i)  Gross vehicle weight of 44,000 pounds or more, but
601less than 55,000 pounds: $572 flat.
602     (j)  Gross vehicle weight of 55,000 pounds or more, but
603less than 62,000 pounds: $678 flat.
604     (k)  Gross vehicle weight of 62,000 pounds or more, but
605less than 72,000 pounds: $800 flat.
606     (l)  Gross vehicle weight of 72,000 pounds or more: $979
607flat.
608     (m)  Notwithstanding the declared gross vehicle weight, a
609truck tractor used within a 150-mile radius of its home address
610shall be eligible for a license plate for a fee of $240 flat if:
611     1.  The truck tractor is used exclusively for hauling
612forestry products; or
613     2.  The truck tractor is used primarily for the hauling of
614forestry products, and is also used for the hauling of
615associated forestry harvesting equipment used by the owner of
616the truck tractor.
617     (n)  A truck tractor or heavy truck, not operated as a for-
618hire vehicle, which is engaged exclusively in transporting raw,
619unprocessed, and nonmanufactured agricultural or horticultural
620products within a 150-mile radius of its home address, shall be
621eligible for a restricted license plate for a fee of $65 flat,
622if such vehicle's declared gross vehicle weight is less than
62344,000 pounds; or $240 flat, if such vehicle's declared gross
624vehicle weight is 44,000 pounds or more and such vehicle only
625transports:
626     1.  From the point of production to the point of primary
627manufacture;
628     2.  From the point of production to the point of assembling
629the same; or
630     3.  From the point of production to a shipping point of
631either a rail, water, or motor transportation company.
632
633Such not-for-hire truck tractors and heavy trucks used
634exclusively in transporting raw, unprocessed, and
635nonmanufactured agricultural or horticultural products may be
636incidentally used to haul farm implements and fertilizers when
637delivered direct to the growers. The department may require any
638such documentation deemed necessary to determine eligibility
639prior to issuance of this license plate. For the purpose of this
640paragraph, "not-for-hire" means the owner of the motor vehicle
641must also be the owner of the raw, unprocessed, and
642nonmanufactured agricultural or horticultural product, or the
643user of the farm implements and fertilizer being delivered.
644     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
645SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
646     (a)1.  A semitrailer drawn by a GVW truck tractor by means
647of a fifth-wheel arrangement: $10 flat per registration year or
648any part thereof.
649     2.  A semitrailer drawn by a GVW truck tractor by means of
650a fifth-wheel arrangement: $50 flat per permanent registration.
651     (b)  A motor vehicle equipped with machinery and designed
652for the exclusive purpose of well drilling, excavation,
653construction, spraying, or similar activity, and which is not
654designed or used to transport loads other than the machinery
655described above over public roads: $32.50 flat.
656     (c)  A school bus used exclusively to transport pupils to
657and from school or school or church activities or functions
658within their own county: $30 flat.
659     (d)  A wrecker, as defined in s. 320.01(40), which is used
660to tow a vessel as defined in s. 327.02(39), a disabled,
661abandoned, stolen-recovered, or impounded motor vehicle as
662defined in s. 320.01(38), or a replacement motor vehicle as
663defined in s. 320.01(39): $30 flat.
664     (e)  A wrecker, as defined in s. 320.01(40), which is used
665to tow any motor vehicle, regardless of whether or not such
666motor vehicle is a disabled motor vehicle as defined in s.
667320.01(38), a replacement motor vehicle as defined in s.
668320.01(39), a vessel as defined in s. 327.02(39), or any other
669cargo, as follows:
670     1.  Gross vehicle weight of 10,000 pounds or more, but less
671than 15,000 pounds: $87 flat.
672     2.  Gross vehicle weight of 15,000 pounds or more, but less
673than 20,000 pounds: $131 flat.
674     3.  Gross vehicle weight of 20,000 pounds or more, but less
675than 26,000 pounds: $186 flat.
676     4.  Gross vehicle weight of 26,000 pounds or more, but less
677than 35,000 pounds: $240 flat.
678     5.  Gross vehicle weight of 35,000 pounds or more, but less
679than 44,000 pounds: $300 flat.
680     6.  Gross vehicle weight of 44,000 pounds or more, but less
681than 55,000 pounds: $572 flat.
682     7.  Gross vehicle weight of 55,000 pounds or more, but less
683than 62,000 pounds: $678 flat.
684     8.  Gross vehicle weight of 62,000 pounds or more, but less
685than 72,000 pounds: $800 flat.
686     9.  Gross vehicle weight of 72,000 pounds or more: $979
687flat.
688     (f)  A hearse or ambulance: $30 flat.
689     (6)  MOTOR VEHICLES FOR HIRE.--
690     (a)  Under nine passengers: $12.50 flat plus $1 per cwt.
691     (b)  Nine passengers and over: $12.50 flat plus $1.50 per
692cwt.
693     (7)  TRAILERS FOR PRIVATE USE.--
694     (a)  Any trailer weighing 500 pounds or less: $5 flat per
695year or any part thereof.
696     (b)  Net weight over 500 pounds: $2.50 flat plus 75 cents
697per cwt.
698     (8)  TRAILERS FOR HIRE.--
699     (a)  Net weight under 2,000 pounds: $2.50 flat plus $1 per
700cwt.
701     (b)  Net weight 2,000 pounds or more: $10 flat plus $1 per
702cwt.
703     (9)  RECREATIONAL VEHICLE-TYPE UNITS.--
704     (a)  A travel trailer or fifth-wheel trailer, as defined by
705s. 320.01(1)(b), that does not exceed 35 feet in length: $20
706flat.
707     (b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
708$10 flat.
709     (c)  A motor home, as defined by s. 320.01(1)(b)4.:
710     1.  Net weight of less than 4,500 pounds: $20 flat.
711     2.  Net weight of 4,500 pounds or more: $35 flat.
712     (d)  A truck camper as defined by s. 320.01(1)(b)3.:
713     1.  Net weight of less than 4,500 pounds: $20 flat.
714     2.  Net weight of 4,500 pounds or more: $35 flat.
715     (e)  A private motor coach as defined by s. 320.01(1)(b)5.:
716     1.  Net weight of less than 4,500 pounds: $20 flat.
717     2.  Net weight of 4,500 pounds or more: $35 flat.
718     (10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
71935 FEET TO 40 FEET.--
720     (a)  Park trailers.--Any park trailer, as defined in s.
721320.01(1)(b)7.: $25 flat.
722     (b)  A travel trailer or fifth-wheel trailer, as defined in
723s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
724     (11)  MOBILE HOMES.--
725     (a)  A mobile home not exceeding 35 feet in length: $20
726flat.
727     (b)  A mobile home over 35 feet in length, but not
728exceeding 40 feet: $25 flat.
729     (c)  A mobile home over 40 feet in length, but not
730exceeding 45 feet: $30 flat.
731     (d)  A mobile home over 45 feet in length, but not
732exceeding 50 feet: $35 flat.
733     (e)  A mobile home over 50 feet in length, but not
734exceeding 55 feet: $40 flat.
735     (f)  A mobile home over 55 feet in length, but not
736exceeding 60 feet: $45 flat.
737     (g)  A mobile home over 60 feet in length, but not
738exceeding 65 feet: $50 flat.
739     (h)  A mobile home over 65 feet in length: $80 flat.
740     (12)  DEALER AND MANUFACTURER LICENSE PLATES.--A franchised
741motor vehicle dealer, independent motor vehicle dealer, marine
742boat trailer dealer, or mobile home dealer and manufacturer
743license plate: $12.50 flat.
744     (13)  EXEMPT OR OFFICIAL LICENSE PLATES.--Any exempt or
745official license plate: $3 flat.
746     (14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.--A motor
747vehicle for hire operated wholly within a city or within 25
748miles thereof: $12.50 flat plus $1.50 per cwt.
749     (15)  TRANSPORTER.--Any transporter license plate issued to
750a transporter pursuant to s. 320.133: $75 flat.
751     Section 12.  Section 320.0847, Florida Statutes, is created
752to read:
753     320.0847  Mini truck and low-speed vehicle license
754plates.--
755     (1)  The department shall issue a license plate to the
756owner or lessee of any vehicle registered as a low-speed vehicle
757as defined in s. 320.01(42) or a mini truck as defined in s.
758320.01(45) upon payment of the appropriate license taxes and
759fees prescribed in s. 320.08.
760     (2)  The license plate for a low-speed vehicle or mini
761truck shall comply with the provisions of s. 320.06.
762     Section 13.  Effective November 1, 2009, paragraph (a) of
763subsection (2) of section 320.0848, Florida Statutes, is amended
764to read:
765     320.0848  Persons who have disabilities; issuance of
766disabled parking permits; temporary permits; permits for certain
767providers of transportation services to persons who have
768disabilities.--
769     (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
770MOBILITY PROBLEMS.--
771     (a)  The disabled parking permit is a placard that can be
772placed in a motor vehicle so as to be visible from the front and
773rear of the vehicle. Each side of the placard must have the
774international symbol of accessibility in a contrasting color in
775the center so as to be visible. One side of the placard must
776display the applicant's driver's license number or state
777identification card number along with a warning that the
778applicant must have such identification at all times while using
779the parking permit. A validation sticker must also be issued
780with each disabled parking permit, showing the month and year of
781expiration on each side of the placard. Validation stickers must
782be of the size specified by the Department of Highway Safety and
783Motor Vehicles and must be affixed to the disabled parking
784permits. The disabled parking permits must use the same colors
785as license plate validations. If the severity of the disability
786prevents a disabled person from physically visiting or being
787transported to a driver's license or tax collector's office to
788obtain a driver's license or identification card, a certifying
789physician can sign the exemption section of the department's
790parking permit application to exempt the disabled person from
791being issued a driver's license or identification card for the
792number to be displayed on the parking permit.
793     Section 14.  Effective September 1, 2009, subsection (26)
794of section 322.01, Florida Statutes, is amended, and subsection
795(46) is added to that section, to read:
796     322.01  Definitions.--As used in this chapter:
797     (26)  "Motorcycle" means a motor vehicle powered by a motor
798with a displacement of more than 50 cubic centimeters, having a
799seat or saddle for the use of the rider, and designed to travel
800on not more than three wheels in contact with the ground, but
801excluding a tractor, or moped, or tri-vehicle.
802     (46)  "Tri-vehicle" means an enclosed three-wheeled
803passenger vehicle that is designed to operate with three wheels
804in contact with the ground; has a minimum unladen weight of 900
805pounds; has a single, completely enclosed, occupant compartment;
806is produced by its manufacturer in a minimum quantity of 300 in
807any calendar year; and is equipped with:
808     (a)  Seats that are certified by the vehicle manufacturer
809to meet the requirements of Federal Motor Vehicle Safety
810Standard No. 207, Seating Systems, Title 49, C.F.R. s. 571.207.
811     (b)  A steering wheel used to maneuver the vehicle.
812     (c)  A propulsion unit located either forward or aft of the
813enclosed occupant compartment.
814     (d)  A seat belt for each vehicle occupant certified to
815meet the requirements of Federal Motor Vehicle Safety Standard
816No. 209, Seat Belt Assemblies, Title 49, C.F.R. s. 571.209.
817     (e)  A windshield and appropriate windshield wipers meeting
818the requirements of Federal Motor Vehicle Safety Standard No.
819205, Glazing Materials, Title 49, C.F.R. s. 571.205 and Federal
820Motor Vehicle Safety Standard No. 212, Windshield Wiper
821Assemblies, Title 49, C.F.R. s. 571.212.
822     (f)  A vehicle structure certified by the vehicle
823manufacturer to meet the requirements of Federal Motor Vehicle
824Safety Standard No. 216, Roof Crush Resistance, Title 49, C.F.R.
825s. 571.216.
826     Section 15.  Effective January 1, 2010, section 322.0261,
827Florida Statutes, is amended to read:
828     322.0261  Driver improvement course; requirement to
829maintain driving privileges; failure to complete; department
830approval of course.--
831     (1)  The department shall screen crash reports received
832under s. 316.066 or s. 324.051 to identify crashes involving the
833following:
834     (a)  A crash involving death or a bodily injury requiring
835transport to a medical facility; or
836     (b)  A second crash by the same operator within the
837previous 2-year period involving property damage in an apparent
838amount of at least $500; or
839     (c)  A third crash by the same operator within 36 months
840after the first crash.
841     (2)  With respect to an operator convicted of, or who
842pleaded nolo contendere to, a traffic offense giving rise to a
843crash identified in paragraph (1)(a) or paragraph (1)(b)
844pursuant to subsection (1), the department shall require that
845the operator, in addition to other applicable penalties, attend
846a department-approved driver improvement course in order to
847maintain his or her driving privileges. If the operator fails to
848complete the course within 90 days after of receiving notice
849from the department, the operator's driver's license shall be
850canceled by the department until the course is successfully
851completed.
852     (3)  With respect to an operator convicted of, or who
853pleaded nolo contendere to, a traffic offense giving rise to a
854crash identified in paragraph (1)(c), the department shall
855require that the operator, in addition to other applicable
856penalties, attend a department-approved driver improvement
857course in order to maintain his or her driving privileges. The
858course must include behind-the-wheel instruction and an
859assessment of the operator's ability to safely operate a motor
860vehicle. Successful completion of a behind-the-wheel examination
861is required in order to receive completion credit for the
862course. If the operator fails to complete the course within 90
863days after receiving notice from the department, the operator's
864driver's license shall be canceled by the department until the
865course is successfully completed.
866     (4)(3)  The department shall identify any operator
867convicted of, or who pleaded nolo contendere to, a second
868violation of s. 316.074(1) or s. 316.075(1)(c)1., which
869violation occurred within 12 months after the first violation,
870and shall require that operator, in addition to other applicable
871penalties, to attend a department-approved driver improvement
872course in order to maintain driving privileges. If the operator
873fails to complete the course within 90 days after receiving
874notice from the department, the operator's driver license shall
875be canceled by the department until the course is successfully
876completed.
877     (5)(4)  In determining whether to approve a driver
878improvement course for the purposes of this section, the
879department shall consider course content designed to promote
880safety, driver awareness, crash avoidance techniques, and other
881factors or criteria to improve driver performance from a safety
882viewpoint.
883     Section 16.  Effective November 1, 2009, subsection (1) of
884section 322.03, Florida Statutes, is amended to read:
885     322.03  Drivers must be licensed; penalties.--
886     (1)  Except as otherwise authorized in this chapter, a
887person may not drive any motor vehicle upon a highway in this
888state unless such person has a valid driver's license issued
889under the provisions of this chapter.
890     (a)  A person who drives a commercial motor vehicle may
891shall not receive a driver's license unless and until he or she
892surrenders to the department all driver's licenses in his or her
893possession issued to him or her by any other jurisdiction or
894makes an affidavit that he or she does not possess a driver's
895license. Any such person who fails to surrender such licenses or
896who makes a false affidavit concerning such licenses commits is
897guilty of a misdemeanor of the first degree, punishable as
898provided in s. 775.082 or s. 775.083.
899     (b)  A person who does not drive a commercial motor vehicle
900is not required to surrender a license issued by another
901jurisdiction, upon a showing to the department that such license
902is necessary because of employment or part-time residence. Any
903person who retains a driver's license because of employment or
904part-time residence shall, upon qualifying for a license in this
905state, be issued a driver's license which shall be valid within
906this state only. All surrendered licenses may be returned by the
907department to the issuing jurisdiction together with information
908that the licensee is now licensed in a new jurisdiction or may
909be destroyed by the department, which shall notify the issuing
910jurisdiction of such destruction. A person may not have more
911than one valid Florida driver's license at any time.
912     (c)  Part-time residents of this state issued a license
913that is valid within this state only under paragraph (b) as that
914paragraph existed before November 1, 2009, may continue to hold
915such license until the next issuance of a Florida driver's
916license or identification card. Licenses that are identified as
917"Valid in Florida Only" may not be issued or renewed effective
918November 1, 2009. This paragraph expires June 30, 2017.
919     Section 17.  Effective November 1, 2009, subsection (6) of
920section 322.08, Florida Statutes, is renumbered as subsection
921(7), and new subsection (6) is added to that section, to read:
922     322.08  Application for license.--
923     (6)  The department may not issue a driver's license or
924identification card, as described in s. 322.051, to an applicant
925if the applicant holds a valid driver's license or
926identification card issued by any state.
927     Section 18.  Section 322.125, Florida Statutes, is amended
928to read:
929     322.125  Medical Advisory Board.--
930     (1)  There shall be a Medical Advisory Board composed of
931not fewer than 12 or more than 25 members, at least one of whom
932must be 60 years of age or older and all but one of whose
933medical and other specialties must relate to driving abilities,
934which number must include a doctor of medicine who is employed
935by the Department of Highway Safety and Motor Vehicles in
936Tallahassee, who shall serve as administrative officer for the
937board. The executive director of the Department of Highway
938Safety and Motor Vehicles shall recommend persons to serve as
939board members. Every member but two must be a doctor of medicine
940licensed to practice medicine in this or any other state and
941must be a member in good standing of the Florida Medical
942Association or the Florida Osteopathic Association. One member
943must be an optometrist licensed to practice optometry in this
944state and must be a member in good standing of the Florida
945Optometric Association. One member must be a chiropractic
946physician licensed to practice chiropractic medicine in this
947state. Members shall be approved by the Cabinet and shall serve
9484-year staggered terms. The board membership must, to the
949maximum extent possible, consist of equal representation of the
950disciplines of the medical community treating the mental or
951physical disabilities that could affect the safe operation of
952motor vehicles.
953     (2)  The advisory board shall meet at the call of its
954chair, at the request of a majority of its membership, at the
955request of the department, or at such times as may be prescribed
956by its rules.
957     (3)(a)  The board shall advise the department on medical
958criteria and vision standards relating to the licensing of
959drivers. In fulfillment of this duty, the board shall assist the
960department in developing, and keeping current with medical and
961scientific advancements, coded restrictions to be placed upon
962drivers' licenses of persons whose medical condition warrants a
963requirement that they wear medical identification bracelets when
964operating a motor vehicle, pursuant to s. 322.16(1)(d).
965     (b)  Upon request of the department, the board shall report
966to the department on the individual physical and mental
967qualifications of a licensed driver or applicant. When a board
968member acts directly as a consultant to the department, a board
969member's individual review and evaluation of physical and mental
970qualifications of a licensed driver or applicant is exempt from
971the provisions of s. 286.011.
972     (4)  Reports received or made by the board or its members
973for the purpose of assisting the department in determining
974whether a person is qualified to be licensed are for the
975confidential use of the board or the department and may not be
976divulged to any person except the licensed driver or applicant
977or used as evidence in any trial, and are exempt from the
978provisions of s. 119.07(1), except that the reports may be
979admitted in proceedings under s. 322.271 or s. 322.31. Any
980person conducting an examination pursuant to this section may be
981compelled to testify concerning his or her observations and
982findings in such proceedings.
983     (5)  There shall be no monetary liability on the part of,
984and no cause of action for damages shall arise against, any
985member of the board for any action taken without intentional
986fraud in carrying out the provisions of this section.
987     (6)  Members of the board shall be entitled to per diem and
988travel expenses pursuant to s. 112.061.
989     (7)  The department shall adopt such rules and regulations
990necessary to carry out the purpose of this section.
991     Section 19.  Subsection (2) of section 322.271, Florida
992Statutes, is amended to read:
993     322.271  Authority to modify revocation, cancellation, or
994suspension order.--
995     (2)(a)  At Upon such hearing, the person whose license has
996been suspended, canceled, or revoked may show that such
997suspension, cancellation, or revocation of his or her license
998causes a serious hardship and precludes the person from person's
999carrying out his or her normal business occupation,
1000employment and that the use of the person's license in
1001normal course of his or her business is necessary to the
1002support of the person or his or her family.
1003     (a)  Except as otherwise provided in this subsection, the
1004department shall require proof of the successful completion of
1005the applicable department-approved driver training course
1006operating pursuant to s. 318.1451 or DUI program substance abuse
1007education course and evaluation as provided in s. 316.193(5).
1008Letters of recommendation from respected business persons in the
1009community, law enforcement officers, or judicial officers may
1010also be required to determine whether the such person should be
1011permitted to operate a motor vehicle on a restricted basis for
1012business or employment use only and in determining whether such
1013person can be trusted to so operate a motor vehicle. If a
1014driver's license has been suspended under the point system or
1015under pursuant to s. 322.2615, the department shall require
1016proof of enrollment in the applicable department-approved driver
1017training course or licensed DUI program substance abuse
1018education course, including evaluation and treatment, if
1019referred, and may require letters of recommendation described in
1020this paragraph subsection to determine if the driver should be
1021reinstated on a restricted basis. If the such person fails to
1022complete the approved course within 90 days after reinstatement
1023or subsequently fails to complete treatment, if applicable, the
1024department shall cancel his or her driver's license until the
1025course and treatment, if applicable, is successfully completed,
1026notwithstanding the terms of the court order or any suspension
1027or revocation of the driving privilege. The department may
1028temporarily reinstate the driving privilege on a restricted
1029basis upon verification from the DUI program that the offender
1030has reentered and is currently participating in treatment and
1031has completed the DUI education course and evaluation
1032requirement. If the DUI program notifies the department of the
1033second failure to complete treatment, the department shall
1034reinstate the driving privilege only after notice of completion
1035of treatment from the DUI program. The privilege of driving on a
1036limited or restricted basis for business or employment use may
1037shall not be granted to a person who has been convicted of a
1038violation of s. 316.193 until completion of the DUI program
1039substance abuse education course and evaluations as provided in
1040s. 316.193(5). Except as provided in paragraph (c) (b), the
1041privilege of driving on a limited or restricted basis for
1042business or employment use may shall not be granted to a person
1043whose license is revoked pursuant to s. 322.28 or suspended
1044pursuant to s. 322.2615 and who has been convicted of a
1045violation of s. 316.193 two or more times or whose license has
1046been suspended two or more times for refusal to submit to a test
1047pursuant to s. 322.2615 or former s. 322.261.
1048     (b)  The department may waive the hearing process for
1049suspensions and revocations upon request by the driver if the
1050driver has enrolled in or completed the applicable driver
1051training course approved under s. 318.1451 or the DUI program
1052substance abuse education course and evaluation provided in s.
1053316.193(5). However, the department may not waive the hearing
1054for suspensions or revocations that involve death or serious
1055bodily injury, multiple convictions for violations of s. 316.193
1056pursuant to s. 322.27(5), or a second or subsequent suspension
1057or revocation pursuant to the same provision of this chapter.
1058This paragraph does not preclude the department from requiring a
1059hearing for any suspension or revocation that it determines is
1060warranted based on the severity of the offense.
1061     (c)(b)  A person whose license has been revoked for a
1062period of 5 years or less pursuant to s. 322.28(2)(a) may, upon
1063the expiration of 12 months after the date the said revocation
1064was imposed, petition the department for reinstatement of his or
1065her driving privilege on a restricted basis. A person whose
1066license has been revoked for a period of more than 5 years under
1067s. 322.28(2)(a) may, upon the expiration of 24 months after the
1068date the revocation was imposed, petition the department for
1069reinstatement of his or her driving privilege on a restricted
1070basis. Reinstatement under of the driving privilege pursuant to
1071this subsection is shall be restricted to business or employment
1072purposes only. In addition, the department shall require such
1073persons upon reinstatement to have not driven and to have been
1074drug free for at least 12 months immediately before the prior to
1075such reinstatement, to be supervised by a DUI program licensed
1076by the department, and to report to the program at least three
1077times a year as required by the program for the duration of the
1078revocation period for supervision. Such supervision includes
1079shall include evaluation, education, referral into treatment,
1080and other activities required by the department. Such persons
1081shall assume reasonable costs of supervision. If the such person
1082fails to comply with the required supervision, the program shall
1083report the failure to the department, and the department shall
1084cancel the such person's driving privilege. This paragraph does
1085not apply to any person whose driving privilege has been
1086permanently revoked.
1087     (d)(c)  For the purpose of this section, a previous
1088conviction of driving under the influence, driving while
1089intoxicated, driving with an unlawful blood-alcohol level, or
1090any other similar alcohol-related or drug-related offense
1091outside this state or a previous conviction of former s.
1092316.1931, former s. 316.028, or former s. 860.01 is shall be
1093considered a previous conviction for violation of s. 316.193.
1094     (e)(d)  The department, based upon review of the licensee's
1095application for reinstatement, may require use of an ignition
1096interlock device pursuant to s. 322.2715.
1097     Section 20.  Subsection (1), paragraph (b) of subsection
1098(7), and subsection (8) of section 322.64, Florida Statutes, are
1099amended to read:
1100     322.64  Holder of commercial driver's license; persons
1101operating a commercial motor vehicle; driving with unlawful
1102blood-alcohol level; refusal to submit to breath, urine, or
1103blood test.--
1104     (1)(a)  A law enforcement officer or correctional officer
1105shall, on behalf of the department, disqualify from operating
1106any commercial motor vehicle a person who while operating or in
1107actual physical control of a commercial motor vehicle is
1108arrested for a violation of s. 316.193, relating to unlawful
1109blood-alcohol level or breath-alcohol level, or a person who has
1110refused to submit to a breath, urine, or blood test authorized
1111by s. 322.63 or s. 316.1932 arising out of the operation or
1112actual physical control of a commercial motor vehicle. A law
1113enforcement officer or correctional officer shall, on behalf of
1114the department, disqualify the holder of a commercial driver's
1115license from operating any commercial motor vehicle if the
1116licenseholder, while operating or in actual physical control of
1117a motor vehicle, is arrested for a violation of s. 316.193,
1118relating to unlawful blood-alcohol level or breath-alcohol
1119level, or refused to submit to a breath, urine, or blood test
1120authorized by s. 322.63 or s. 316.1932. Upon disqualification of
1121the person, the officer shall take the person's driver's license
1122and issue the person a 10-day temporary permit for the operation
1123of noncommercial vehicles only if the person is otherwise
1124eligible for the driving privilege and shall issue the person a
1125notice of disqualification. If the person has been given a
1126blood, breath, or urine test, the results of which are not
1127available to the officer at the time of the arrest, the agency
1128employing the officer shall transmit such results to the
1129department within 5 days after receipt of the results. If the
1130department then determines that the person had a blood-alcohol
1131level or breath-alcohol level of 0.08 or higher, the department
1132shall disqualify the person from operating a commercial motor
1133vehicle pursuant to subsection (3).
1134     (b)  The disqualification under paragraph (a) shall be
1135pursuant to, and the notice of disqualification shall inform the
1136driver of, the following:
1137     1.a.  The driver refused to submit to a lawful breath,
1138blood, or urine test and he or she is disqualified from
1139operating a commercial motor vehicle for a period of 1 year, for
1140a first refusal, or permanently, if he or she has previously
1141been disqualified under this section as a result of a refusal to
1142submit to such a test; or
1143     b.  The driver was driving or in actual physical control of
1144a commercial motor vehicle, or any motor vehicle if the driver
1145holds a commercial driver's license, had an unlawful blood-
1146alcohol level or breath-alcohol level of 0.08 or higher, and his
1147or her driving privilege shall be disqualified for a period of 1
1148year for a first offense or permanently disqualified if his or
1149her driving privilege has been previously disqualified under
1150this section.
1151     2.  The disqualification period for operating commercial
1152vehicles shall commence on the date of issuance of the notice of
1153disqualification.
1154     3.  The driver may request a formal or informal review of
1155the disqualification by the department within 10 days after the
1156date of issuance of the notice of disqualification.
1157     4.  The temporary permit issued at the time of
1158disqualification expires at midnight of the 10th day following
1159the date of disqualification.
1160     5.  The driver may submit to the department any materials
1161relevant to the disqualification.
1162     (7)  In a formal review hearing under subsection (6) or an
1163informal review hearing under subsection (4), the hearing
1164officer shall determine by a preponderance of the evidence
1165whether sufficient cause exists to sustain, amend, or invalidate
1166the disqualification. The scope of the review shall be limited
1167to the following issues:
1168     (b)  If the person was disqualified from operating a
1169commercial motor vehicle for refusal to submit to a breath,
1170blood, or urine test:
1171     1.  Whether the law enforcement officer had probable cause
1172to believe that the person was driving or in actual physical
1173control of a commercial motor vehicle, or any motor vehicle if
1174the driver holds a commercial driver's license, in this state
1175while he or she had any alcohol, chemical substances, or
1176controlled substances in his or her body.
1177     2.  Whether the person refused to submit to the test after
1178being requested to do so by a law enforcement officer or
1179correctional officer.
1180     3.  Whether the person was told that if he or she refused
1181to submit to such test he or she would be disqualified from
1182operating a commercial motor vehicle for a period of 1 year or,
1183if previously disqualified under this section in the case of a
1184second refusal, permanently.
1185     (8)  Based on the determination of the hearing officer
1186pursuant to subsection (7) for both informal hearings under
1187subsection (4) and formal hearings under subsection (6), the
1188department shall:
1189     (a)  Sustain the disqualification for a period of 1 year
1190for a first refusal, or permanently if such person has been
1191previously disqualified from operating a commercial motor
1192vehicle under this section as a result of a refusal to submit to
1193such tests. The disqualification period commences on the date of
1194the arrest or issuance of the notice of disqualification,
1195whichever is later.
1196     (b)  Sustain the disqualification:
1197     1.  For a period of 1 year if the person was driving or in
1198actual physical control of a commercial motor vehicle, or any
1199motor vehicle if the driver holds a commercial driver's license,
1200and had an unlawful blood-alcohol level or breath-alcohol level
1201of 0.08 or higher; or
1202     2.  Permanently if the person has been previously
1203disqualified from operating a commercial motor vehicle under
1204this section or his or her driving privilege has been previously
1205suspended for driving or being in actual physical control of a
1206commercial motor vehicle, or any motor vehicle if the driver
1207holds a commercial driver's license, and had an unlawful blood-
1208alcohol level or breath-alcohol level of 0.08 or higher.
1209
1210The disqualification period commences on the date of the arrest
1211or issuance of the notice of disqualification.
1212     Section 21.  Except as otherwise expressly provided in this
1213act, this act shall take effect July 1, 2009.


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