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