Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. PCS (961988) for SB 1778
Barcode 678778
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/01/2009 .
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The Committee on Transportation and Economic Development
Appropriations (Smith) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1789 - 1943
4 and insert:
5 Section 51. Section 322.21, Florida Statutes, is amended to
6 read:
7 322.21 License fees; procedure for handling and collecting
8 fees.—
9 (1) Except as otherwise provided herein, the fee for:
10 (a) An original or renewal commercial driver’s license is
11 $75 $67, which shall include the fee for driver education
12 provided by s. 1003.48; however, if an applicant has completed
13 training and is applying for employment or is currently employed
14 in a public or nonpublic school system that requires the
15 commercial license, the fee shall be the same as for a Class E
16 driver’s license. A delinquent fee of $10 $1 shall be added for
17 a renewal made not more than 12 months after the license
18 expiration date. If the tax collector issues the license, the
19 fee is $81. The tax collector shall retain $6 and remit the
20 remainder. A $1 delinquency fee shall be collected and retained
21 by the tax collector for a renewal made no more than 12 months
22 after expiration date of the license.
23 (b) An original Class E driver’s license is $35 $27, which
24 shall include the fee for driver’s education provided by s.
25 1003.48; however, if an applicant has completed training and is
26 applying for employment or is currently employed in a public or
27 nonpublic school system that requires a commercial driver
28 license, the fee shall be the same as for a Class E license. If
29 the tax collector issues the original Class E driver’s license,
30 the fee is $41. The tax collector shall retain $6 and remit the
31 remainder.
32 (c) The renewal or extension of a Class E driver’s license
33 or of a license restricted to motorcycle use only is $28 $20,
34 except that a delinquent fee of $10 $1 shall be added for a
35 renewal or extension made not more than 12 months after the
36 license expiration date. The fee provided in this paragraph
37 shall include the fee for driver’s education provided by s.
38 1003.48. If the tax collector issues the renewal or extension,
39 the fee is $33. The tax collector shall retain $5 and remit the
40 remainder. A $1 delinquency fee shall be collected and retained
41 by the tax collector for a renewal made no more than 12 months
42 after the expiration date of the license.
43 (d) An original driver’s license restricted to motorcycle
44 use only is $35 $27, which shall include the fee for driver’s
45 education provided by s. 1003.48.
46 (e) A replacement driver’s license issued pursuant to s.
47 322.17 is $20 $10. Of this amount $7 shall be deposited into the
48 Highway Safety Operating Trust Fund and $13 $3 shall be
49 deposited into the General Revenue Fund. If the tax collector
50 issues the replacement license, the fee is $22. The tax
51 collector shall retain $2 and remit the remainder.
52 (f) An original, renewal, or replacement identification
53 card issued pursuant to s. 322.051 is $11 $10. Funds collected
54 from these fees shall be distributed as follows:
55 1. For an original identification card issued pursuant to
56 s. 322.051 the fee shall be $11 $10. This amount shall be
57 deposited into the General Revenue Fund.
58 2. For a renewal identification card issued pursuant to s.
59 322.051 the fee shall be $11 $10. Of this amount, $6 shall be
60 deposited into the Highway Safety Operating Trust Fund and $6 $4
61 shall be deposited into the General Revenue Fund.
62 3. For a replacement identification card issued pursuant to
63 s. 322.051 the fee shall be $11 $10. Of this amount, $9 shall be
64 deposited into the Highway Safety Operating Trust Fund and $2 $1
65 shall be deposited into the General Revenue Fund.
66 4. If the tax collector issues an original renewal or
67 replacement identification card, the fee is $12 and the tax
68 collector shall retain $1 and remit the remainder.
69 (g) Each endorsement required by s. 322.57 is $7.
70 (h) A hazardous-materials endorsement, as required by s.
71 322.57(1)(d), shall be set by the department by rule and shall
72 reflect the cost of the required criminal history check,
73 including the cost of the state and federal fingerprint check,
74 and the cost to the department of providing and issuing the
75 license. The fee shall not exceed $100. This fee shall be
76 deposited in the Highway Safety Operating Trust Fund. The
77 department may adopt rules to administer this section.
78 (2) It is the duty of the Director of the Division of
79 Driver Licenses to set up a division in the department with the
80 necessary personnel to perform the necessary clerical and
81 routine work for the department in issuing and recording
82 applications, licenses, and certificates of eligibility,
83 including the receiving and accounting of all license funds and
84 their payment into the State Treasury, and other incidental
85 clerical work connected with the administration of this chapter.
86 The department is authorized to use such electronic, mechanical,
87 or other devices as necessary to accomplish the purposes of this
88 chapter.
89 (3) The department shall prepare sufficient forms for
90 certificates of eligibility, applications, notices, and license
91 materials to supply all applicants for driver’s licenses and all
92 renewal licenses.
93 (4) If the department determines from its records or is
94 otherwise satisfied that the holder of a license about to expire
95 is entitled to have it renewed, the department shall mail a
96 renewal notice to him or her at his or her last known address,
97 not less than 30 days prior to the licensee’s birthday. The
98 licensee shall be issued a renewal license, after reexamination,
99 if required, during the 30 days immediately preceding his or her
100 birthday upon presenting a renewal notice, his or her current
101 license, and the fee for renewal to the department at any
102 driver’s license examining office.
103 (5) The department shall collect and transmit all fees
104 received by it under this section to the Chief Financial Officer
105 to be placed in the General Revenue Fund of the state, and
106 sufficient funds for the necessary expenses of the department
107 shall be included in the appropriations act. The fees shall be
108 used for the maintenance and operation of the department.
109 (6) Any member of the Armed Forces or his or her spouse,
110 daughter, son, stepdaughter, or stepson, who holds a Florida
111 driver’s license and who presents an affidavit showing that he
112 or she was out of the state due to service in the Armed Forces
113 of the United States at the time of license expiration is exempt
114 from paying the delinquent fee, if the application for renewal
115 is made within 15 months after the expiration of his or her
116 license and within 90 days after the date of discharge or
117 transfer to a military or naval establishment in this state as
118 shown in the affidavit. However, such a person is not exempt
119 from any reexamination requirement.
120 (7) Any veteran honorably discharged from the Armed Forces
121 who has been issued a valid identification card by the
122 Department of Veterans’ Affairs in accordance with s. 295.17, or
123 has been determined by the United States Department of Veterans
124 Affairs or its predecessor to have a 100-percent total and
125 permanent service-connected disability rating for compensation,
126 or has been determined to have a service-connected total and
127 permanent disability rating of 100 percent and is in receipt of
128 disability retirement pay from any branch of the United States
129 Armed Services, and who is qualified to obtain a driver’s
130 license under this chapter is exempt from all fees required by
131 this section.
132 (8) Any person who applies for reinstatement following the
133 suspension or revocation of the person’s driver’s license shall
134 pay a service fee of $45 $35 following a suspension, and $75 $60
135 following a revocation, which is in addition to the fee for a
136 license. Any person who applies for reinstatement of a
137 commercial driver’s license following the disqualification of
138 the person’s privilege to operate a commercial motor vehicle
139 shall pay a service fee of $75 $60, which is in addition to the
140 fee for a license. The department shall collect all of these
141 fees at the time of reinstatement. The department shall issue
142 proper receipts for such fees and shall promptly transmit all
143 funds received by it as follows:
144 (a) Of the $45 $35 fee received from a licensee for
145 reinstatement following a suspension, the department shall
146 deposit $15 in the General Revenue Fund and $30 $20 in the
147 Highway Safety Operating Trust Fund.
148 (b) Of the $75 $60 fee received from a licensee for
149 reinstatement following a revocation or disqualification, the
150 department shall deposit $35 in the General Revenue Fund and $40
151 $25 in the Highway Safety Operating Trust Fund.
152 (c) If any person applies to the tax collector for
153 reinstatement following suspension, revocation, or
154 disqualification of the person’s driver’s license, he or she
155 shall pay $50 following suspension and the tax collector shall
156 retain $5 and remit the remainder. The person shall pay $85
157 following revocation or disqualification and the tax collector
158 shall retain $10 and remit the remainder.
159 (9)(a) An applicant requesting a review authorized in s.
160 322.222, s. 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must
161 pay a filing fee of $25 to be deposited into the Highway Safety
162 Operating Trust Fund.
163 (b) An applicant petitioning the department for a hearing
164 authorized in s. 322.271 must pay a filing fee of $12 to be
165 deposited into the Highway Safety Operating Trust Fund.
166
167 If the revocation or suspension of the driver’s license was for
168 a violation of s. 316.193, or for refusal to submit to a lawful
169 breath, blood, or urine test, an additional fee of $130 $115
170 must be charged. However, only one $130 $115 fee may be
171 collected from one person convicted of violations arising out of
172 the same incident. The department shall collect the $130 $115
173 fee and deposit the fee into the Highway Safety Operating Trust
174 Fund at the time of reinstatement of the person’s driver’s
175 license, but the fee may not be collected if the suspension or
176 revocation is overturned. If the revocation or suspension of the
177 driver’s license was for a conviction for a violation of s.
178 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
179 imposed for each offense. The department shall collect and
180 deposit the additional fee into the Highway Safety Operating
181 Trust Fund at the time of reinstatement of the person’s driver’s
182 license.
183
184 ================= T I T L E A M E N D M E N T ================
185 And the title is amended as follows:
186 Delete line 119
187 and insert:
188 s. 322.21, F.S.; increasing licensing fees; providing for
189 increased fees if certain licenses are issued by a tax
190 collector; providing for distribution of moneys collected from
191 the imposition of such fees; requiring the collection of a
192 delinquency fee under certain circumstances; providing fees for
193 the reinstatement of a license following suspension, revocation,
194 or disqualification; specifying fees for an applicant requesting
195 a review or a hearing pursuant to specified provisions of state
196 law; providing for the distribution of moneys collected from the
197 imposition of such fees; creating