HB 1573

1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.193,
3	F.S.; revising the vehicles upon which an ignition
4	interlock device must be installed upon a conviction for
5	which such placement is ordered; amending s. 316.1937,
6	F.S.; setting forth the standard to be used by the court
7	in determining whether a person is able to pay for an
8	ignition interlock device; requiring a person who uses a
9	vehicle equipped with an ignition interlock device to
10	obtain an ignition interlock-restricted driver's license
11	from the Department of Highway Safety and Motor Vehicles;
12	requiring a court to extend the time an offender must use
13	an ignition interlock device if the offender requests or
14	solicits any other person to blow into an ignition
15	interlock device in place of the offender; amending s.
16	320.08, F.S.; decreasing the annual license taxes for the
17	operation of certain vehicles; amending s. 322.21, F.S.;
18	decreasing certain driver's license fees; deleting fees
19	for requesting a review or hearing related to the
20	cancellation of a driver's license; amending s. 322.2715,
21	F.S.; increasing the fee imposed for installing an
22	ignition interlock device; amending s. 322.28, F.S.;
23	authorizing a person convicted of driving under the
24	influence of alcohol or chemical substances to petition
25	the court to approve receipt of a restricted driver's
26	license under certain circumstances and with specified
27	conditions; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Paragraph (a) of subsection (2) and paragraph
32	(c) of subsection (4) of section 316.193, Florida Statutes, are
33	amended to read:
34	316.193  Driving under the influence; penalties.-
35	(2)(a)  Except as provided in paragraph (b), subsection
36	(3), or subsection (4), any person who is convicted of a
37	violation of subsection (1) shall be punished:
38	1.  By a fine of:
39	a.  Not less than $500 or more than $1,000 for a first
40	conviction.
41	b.  Not less than $1,000 or more than $2,000 for a second
42	conviction; and
43	2.  By imprisonment for:
44	a.  Not more than 6 months for a first conviction.
45	b.  Not more than 9 months for a second conviction.
46	3.  For a second conviction, by placing mandatory placement
47	for a period of at least 1 year, at the convicted person's sole
48	expense, of an ignition interlock device approved by the
49	department in accordance with s. 316.1938 upon any vehicle all
50	vehicles that are individually or jointly leased or owned and
51	routinely operated by the convicted person, if when the
52	convicted person qualifies for a permanent or restricted
53	license. The installation of such device may not occur before
54	July 1, 2003.
55	(4)  Any person who is convicted of a violation of
56	subsection (1) and who has a blood-alcohol level or breath-
57	alcohol level of 0.15 or higher, or any person who is convicted
58	of a violation of subsection (1) and who at the time of the
59	offense was accompanied in the vehicle by a person under the age
60	of 18 years, shall be punished:
61	(c)  In addition to the penalties in paragraphs (a) and
62	(b), the court shall order the mandatory placement, at the
63	convicted person's sole expense, of an ignition interlock device
64	approved by the department in accordance with s. 316.1938 upon
65	any vehicle all vehicles that are individually or jointly leased
66	or owned and routinely operated by the convicted person for not
67	less than 6 continuous months for the first offense and for not
68	less than 2 continuous years for a second offense, when the
69	convicted person qualifies for a permanent or restricted
70	license.
71	Section 2.  Subsection (2) and paragraph (b) of subsection
72	(6) of section 316.1937, Florida Statutes, are amended to read:
73	316.1937  Ignition interlock devices, requiring; unlawful
74	acts.-
75	(2)  When If the court imposes the use of an ignition
76	interlock device, the court shall:
77	(a)  Stipulate on the record the requirement for, and the
78	period of, the use of a certified ignition interlock device.
79	(b)  Order that the records of the department reflect such
80	requirement.
81	(c)  Order that an ignition interlock device be installed,
82	as the court may determine necessary, on any vehicle owned or
83	operated by the person.
84	(d)  Determine the person's ability to pay for installation
85	of the device if the person claims inability to pay. The court
86	shall base its determination on an objective standard of the
87	convicted person's eligibility for representation by a public
88	defender or eligibility for food stamps. If the court determines
89	that the person is unable to pay for installation of the device,
90	the court may order that any portion of a fine paid by the
91	person for a violation of s. 316.193 shall be allocated to
92	defray the costs of installing the device.
93	(e)  Require proof of installation of the device and
94	periodic reporting to the department for verification of the
95	operation of the device in the person's vehicle.
96	(f)  Require that anyone who is required to use a vehicle
97	equipped with an ignition interlock device first obtain a
98	license from the department which clearly states that the driver
99	of the vehicle is restricted to operating a vehicle equipped
100	with an ignition interlock device.
101	(6)
102	(b)  It is unlawful for any person whose driving privilege
103	is restricted pursuant to this section to request or solicit any
104	other person to blow into an ignition interlock device or to
105	start a motor vehicle equipped with the device for the purpose
106	of providing the person so restricted with an operable motor
107	vehicle. A court shall extend the time that an offender is
108	required to use an ignition interlock device for at least 3
109	months but not more than 6 months if an offender violates this
110	paragraph.
111	Section 3.  Section 320.08, Florida Statutes, is amended to
112	read:
113	320.08  License taxes.-Except as otherwise provided herein,
114	there are hereby levied and imposed annual license taxes for the
115	operation of motor vehicles, mopeds, motorized bicycles as
116	defined in s. 316.003(2), and mobile homes, as defined in s.
117	320.01, which shall be paid to and collected by the department
118	or its agent upon the registration or renewal of registration of
119	the following:
120	(1)  MOTORCYCLES AND MOPEDS.-
121	(a)  Any motorcycle: $10 $13.50 flat, of which $3.50 shall
122	be deposited into the General Revenue Fund.
123	(b)  Any moped: $5 $6.75 flat, of which $1.75 shall be
124	deposited into the General Revenue Fund.
125	(c)  Upon registration of any motorcycle, motor-driven
126	cycle, or moped there shall be paid in addition to the license
127	taxes specified in this subsection a nonrefundable motorcycle
128	safety education fee in the amount of $2.50. The proceeds of
129	such additional fee shall be deposited in the Highway Safety
130	Operating Trust Fund to fund a motorcycle driver improvement
131	program implemented pursuant to s. 322.025, the Florida
132	Motorcycle Safety Education Program established in s. 322.0255,
133	or the general operations of the department.
134	(d)  An ancient or antique motorcycle: $10 $13.50 flat, of
135	which $3.50 shall be deposited into the General Revenue Fund.
136	(2)  AUTOMOBILES FOR PRIVATE USE.-
137	(a)  An ancient or antique automobile, as defined in s.
138	320.086, or a street rod, as defined in s. 320.0863: $7.50
139	$10.25 flat, of which $2.75 shall be deposited into the General
140	Revenue Fund.
141	(b)  Net weight of less than 2,500 pounds: $14.50 $19.50
142	flat, of which $5 shall be deposited into the General Revenue
143	Fund.
144	(c)  Net weight of 2,500 pounds or more, but less than
145	3,500 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
146	into the General Revenue Fund.
147	(d)  Net weight of 3,500 pounds or more: $32.50 $44 flat,
148	of which $11.50 shall be deposited into the General Revenue
149	Fund.
150	(3)  TRUCKS.-
151	(a)  Net weight of less than 2,000 pounds: $14.50 $19.50
152	flat, of which $5 shall be deposited into the General Revenue
153	Fund.
154	(b)  Net weight of 2,000 pounds or more, but not more than
155	3,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
156	into the General Revenue Fund.
157	(c)  Net weight more than 3,000 pounds, but not more than
158	5,000 pounds: $32.50 $44 flat, of which $11.50 shall be
159	deposited into the General Revenue Fund.
160	(d)  A truck defined as a "goat," or any other vehicle if
161	used in the field by a farmer or in the woods for the purpose of
162	harvesting a crop, including naval stores, during such
163	harvesting operations, and which is not principally operated
164	upon the roads of the state: $7.50 $10.25 flat, of which $2.75
165	shall be deposited into the General Revenue Fund. A "goat" is a
166	motor vehicle designed, constructed, and used principally for
167	the transportation of citrus fruit within citrus groves or for
168	the transportation of crops on farms, and which can also be used
169	for the hauling of associated equipment or supplies, including
170	required sanitary equipment, and the towing of farm trailers.
171	(e)  An ancient or antique truck, as defined in s. 320.086:
172	$7.50 $10.25 flat, of which $2.75 shall be deposited into the
173	General Revenue Fund.
174	(4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
175	VEHICLE WEIGHT.-
176	(a)  Gross vehicle weight of 5,001 pounds or more, but less
177	than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
178	deposited into the General Revenue Fund.
179	(b)  Gross vehicle weight of 6,000 pounds or more, but less
180	than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
181	deposited into the General Revenue Fund.
182	(c)  Gross vehicle weight of 8,000 pounds or more, but less
183	than 10,000 pounds: $76 $103 flat, of which $27 shall be
184	deposited into the General Revenue Fund.
185	(d)  Gross vehicle weight of 10,000 pounds or more, but
186	less than 15,000 pounds: $87 $118 flat, of which $31 shall be
187	deposited into the General Revenue Fund.
188	(e)  Gross vehicle weight of 15,000 pounds or more, but
189	less than 20,000 pounds: $131 $177 flat, of which $46 shall be
190	deposited into the General Revenue Fund.
191	(f)  Gross vehicle weight of 20,000 pounds or more, but
192	less than 26,001 pounds: $186 $251 flat, of which $65 shall be
193	deposited into the General Revenue Fund.
194	(g)  Gross vehicle weight of 26,001 pounds or more, but
195	less than 35,000: $240 $324 flat, of which $84 shall be
196	deposited into the General Revenue Fund.
197	(h)  Gross vehicle weight of 35,000 pounds or more, but
198	less than 44,000 pounds: $300 $405 flat, of which $105 shall be
199	deposited into the General Revenue Fund.
200	(i)  Gross vehicle weight of 44,000 pounds or more, but
201	less than 55,000 pounds: $572 $773 flat, of which $201 shall be
202	deposited into the General Revenue Fund.
203	(j)  Gross vehicle weight of 55,000 pounds or more, but
204	less than 62,000 pounds: $678 $916 flat, of which $238 shall be
205	deposited into the General Revenue Fund.
206	(k)  Gross vehicle weight of 62,000 pounds or more, but
207	less than 72,000 pounds: $800 $1,080 flat, of which $280 shall
208	be deposited into the General Revenue Fund.
209	(l)  Gross vehicle weight of 72,000 pounds or more: $979
210	$1,322 flat, of which $343 shall be deposited into the General
211	Revenue Fund.
212	(m)  Notwithstanding the declared gross vehicle weight, a
213	truck tractor used within a 150-mile radius of its home address
214	is eligible for a license plate for a fee of $240 $324 flat if:
215	1.  The truck tractor is used exclusively for hauling
216	forestry products; or
217	2.  The truck tractor is used primarily for the hauling of
218	forestry products, and is also used for the hauling of
219	associated forestry harvesting equipment used by the owner of
220	the truck tractor.
221
222	Of the fee imposed by this paragraph, $84 shall be deposited
223	into the General Revenue Fund.
224	(n)  A truck tractor or heavy truck, not operated as a for-
225	hire vehicle, which is engaged exclusively in transporting raw,
226	unprocessed, and nonmanufactured agricultural or horticultural
227	products within a 150-mile radius of its home address, is
228	eligible for a restricted license plate for a fee of:
229	1.  If such vehicle's declared gross vehicle weight is less
230	than 44,000 pounds,$65 $87.75 flat, of which $22.75 shall be
231	deposited into the General Revenue Fund.
232	2.  If such vehicle's declared gross vehicle weight is
233	44,000 pounds or more and such vehicle only transports from the
234	point of production to the point of primary manufacture; to the
235	point of assembling the same; or to a shipping point of a rail,
236	water, or motor transportation company, $240 $324 flat, of which
237	$84 shall be deposited into the General Revenue Fund.
238
239	Such not-for-hire truck tractors and heavy trucks used
240	exclusively in transporting raw, unprocessed, and
241	nonmanufactured agricultural or horticultural products may be
242	incidentally used to haul farm implements and fertilizers
243	delivered direct to the growers. The department may require any
244	documentation deemed necessary to determine eligibility prior to
245	issuance of this license plate. For the purpose of this
246	paragraph, "not-for-hire" means the owner of the motor vehicle
247	must also be the owner of the raw, unprocessed, and
248	nonmanufactured agricultural or horticultural product, or the
249	user of the farm implements and fertilizer being delivered.
250	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
251	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
252	(a)1.  A semitrailer drawn by a GVW truck tractor by means
253	of a fifth-wheel arrangement: $10 $13.50 flat per registration
254	year or any part thereof, of which $3.50 shall be deposited into
255	the General Revenue Fund.
256	2.  A semitrailer drawn by a GVW truck tractor by means of
257	a fifth-wheel arrangement: $50 $68 flat per permanent
258	registration, of which $18 shall be deposited into the General
259	Revenue Fund.
260	(b)  A motor vehicle equipped with machinery and designed
261	for the exclusive purpose of well drilling, excavation,
262	construction, spraying, or similar activity, and which is not
263	designed or used to transport loads other than the machinery
264	described above over public roads: $32.50 $44 flat, of which
265	$11.50 shall be deposited into the General Revenue Fund.
266	(c)  A school bus used exclusively to transport pupils to
267	and from school or school or church activities or functions
268	within their own county: $30 $41 flat, of which $11 shall be
269	deposited into the General Revenue Fund.
270	(d)  A wrecker, as defined in s. 320.01(40), which is used
271	to tow a vessel as defined in s. 327.02(39), a disabled,
272	abandoned, stolen-recovered, or impounded motor vehicle as
273	defined in s. 320.01(38), or a replacement motor vehicle as
274	defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
275	deposited into the General Revenue Fund.
276	(e)  A wrecker that is used to tow any motor vehicle,
277	regardless of whether such motor vehicle is a disabled motor
278	vehicle, a replacement motor vehicle, a vessel, or any other
279	cargo, as follows:
280	1.  Gross vehicle weight of 10,000 pounds or more, but less
281	than 15,000 pounds: $87 $118 flat, of which $31 shall be
282	deposited into the General Revenue Fund.
283	2.  Gross vehicle weight of 15,000 pounds or more, but less
284	than 20,000 pounds:$131 $177 flat, of which $46 shall be
285	deposited into the General Revenue Fund.
286	3.  Gross vehicle weight of 20,000 pounds or more, but less
287	than 26,000 pounds: $186 $251 flat, of which $65 shall be
288	deposited into the General Revenue Fund.
289	4.  Gross vehicle weight of 26,000 pounds or more, but less
290	than 35,000 pounds: $240 $324 flat, of which $84 shall be
291	deposited into the General Revenue Fund.
292	5.  Gross vehicle weight of 35,000 pounds or more, but less
293	than 44,000 pounds: $300 $405 flat, of which $105 shall be
294	deposited into the General Revenue Fund.
295	6.  Gross vehicle weight of 44,000 pounds or more, but less
296	than 55,000 pounds: $572 $772 flat, of which $200 shall be
297	deposited into the General Revenue Fund.
298	7.  Gross vehicle weight of 55,000 pounds or more, but less
299	than 62,000 pounds: $678 $915 flat, of which $237 shall be
300	deposited into the General Revenue Fund.
301	8.  Gross vehicle weight of 62,000 pounds or more, but less
302	than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
303	deposited into the General Revenue Fund.
304	9.  Gross vehicle weight of 72,000 pounds or more: $979
305	$1,322 flat, of which $343 shall be deposited into the General
306	Revenue Fund.
307	(f)  A hearse or ambulance: $30 $40.50 flat, of which
308	$10.50 shall be deposited into the General Revenue Fund.
309	(6)  MOTOR VEHICLES FOR HIRE.-
310	(a)  Under nine passengers: $12.50 $17 flat, of which $4.50
311	shall be deposited into the General Revenue Fund; plus $1 $1.50
312	per cwt, of which 50 cents shall be deposited into the General
313	Revenue Fund.
314	(b)  Nine passengers and over: $12.50 $17 flat, of which
315	$4.50 shall be deposited into the General Revenue Fund; plus
316	$1.50 $2 per cwt, of which 50 cents shall be deposited into the
317	General Revenue Fund.
318	(7)  TRAILERS FOR PRIVATE USE.-
319	(a)  Any trailer weighing 500 pounds or less: $5 $6.75 flat
320	per year or any part thereof, of which $1.75 shall be deposited
321	into the General Revenue Fund.
322	(b)  Net weight over 500 pounds: $2.50 $3.50 flat, of which
323	$1 shall be deposited into the General Revenue Fund; plus 75
324	cents $1 per cwt, of which 25 cents shall be deposited into the
325	General Revenue Fund.
326	(8)  TRAILERS FOR HIRE.-
327	(a)  Net weight under 2,000 pounds: $2.50 $3.50 flat, of
328	which $1 shall be deposited into the General Revenue Fund; plus
329	$1 $1.50 per cwt, of which 50 cents shall be deposited into the
330	General Revenue Fund.
331	(b)  Net weight 2,000 pounds or more: $10 $13.50 flat, of
332	which $3.50 shall be deposited into the General Revenue Fund;
333	plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
334	the General Revenue Fund.
335	(9)  RECREATIONAL VEHICLE-TYPE UNITS.-
336	(a)  A travel trailer or fifth-wheel trailer, as defined by
337	s. 320.01(1)(b), which that does not exceed 35 feet in length:
338	$20 $27 flat, of which $7 shall be deposited into the General
339	Revenue Fund.
340	(b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
341	$10 $13.50 flat, of which $3.50 shall be deposited into the
342	General Revenue Fund.
343	(c)  A motor home, as defined by s. 320.01(1)(b)4.:
344	1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
345	which $7 shall be deposited into the General Revenue Fund.
346	2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
347	which $12.25 shall be deposited into the General Revenue Fund.
348	(d)  A truck camper as defined by s. 320.01(1)(b)3.:
349	1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
350	which $7 shall be deposited into the General Revenue Fund.
351	2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
352	which $12.25 shall be deposited into the General Revenue Fund.
353	(e)  A private motor coach as defined by s. 320.01(1)(b)5.:
354	1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
355	which $7 shall be deposited into the General Revenue Fund.
356	2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
357	which $12.25 shall be deposited into the General Revenue Fund.
358	(10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
359	35 FEET TO 40 FEET.-
360	(a)  Park trailers.-Any park trailer, as defined in s.
361	320.01(1)(b)7.: $25 flat.
362	(b)  A travel trailer or fifth-wheel trailer, as defined in
363	s. 320.01(1)(b), which that exceeds 35 feet: $25 flat.
364	(11)  MOBILE HOMES.-
365	(a)  A mobile home not exceeding 35 feet in length: $20
366	flat.
367	(b)  A mobile home over 35 feet in length, but not
368	exceeding 40 feet: $25 flat.
369	(c)  A mobile home over 40 feet in length, but not
370	exceeding 45 feet: $30 flat.
371	(d)  A mobile home over 45 feet in length, but not
372	exceeding 50 feet: $35 flat.
373	(e)  A mobile home over 50 feet in length, but not
374	exceeding 55 feet: $40 flat.
375	(f)  A mobile home over 55 feet in length, but not
376	exceeding 60 feet: $45 flat.
377	(g)  A mobile home over 60 feet in length, but not
378	exceeding 65 feet: $50 flat.
379	(h)  A mobile home over 65 feet in length: $80 flat.
380	(12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
381	motor vehicle dealer, independent motor vehicle dealer, marine
382	boat trailer dealer, or mobile home dealer and manufacturer
383	license plate: $12.50 $17 flat, of which $4.50 shall be
384	deposited into the General Revenue Fund.
385	(13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
386	official license plate: $3 $4 flat, of which $1 shall be
387	deposited into the General Revenue Fund.
388	(14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
389	vehicle for hire operated wholly within a city or within 25
390	miles thereof: $12.50 $17 flat, of which $4.50 shall be
391	deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
392	of which 50 cents shall be deposited into the General Revenue
393	Fund.
394	(15)  TRANSPORTER.-Any transporter license plate issued to
395	a transporter pursuant to s. 320.133: $75 $101.25 flat, of which
396	$26.25 shall be deposited into the General Revenue Fund.
397	Section 4.  Subsections (1), (8), and (9) of section
398	322.21, Florida Statutes, are amended to read:
399	322.21  License fees; procedure for handling and collecting
400	fees.-
401	(1)  Except as otherwise provided herein, the fee for:
402	(a)  An original or renewal commercial driver's license is
403	$67 $75, which shall include the fee for driver education
404	provided by s. 1003.48. However, if an applicant has completed
405	training and is applying for employment or is currently employed
406	in a public or nonpublic school system that requires the
407	commercial license, the fee is the same as for a Class E
408	driver's license. A delinquent fee of $1 $15 shall be added for
409	a renewal within 12 months after the license expiration date.
410	(b)  An original Class E driver's license is $27 $48, which
411	includes the fee for driver's education provided by s. 1003.48.
412	However, if an applicant has completed training and is applying
413	for employment or is currently employed in a public or nonpublic
414	school system that requires a commercial driver license, the fee
415	is the same as for a Class E license.
416	(c)  The renewal or extension of a Class E driver's license
417	or of a license restricted to motorcycle use only is $20 $48,
418	except that a delinquent fee of $1 $15 shall be added for a
419	renewal or extension made within 12 months after the license
420	expiration date. The fee provided in this paragraph includes the
421	fee for driver's education provided by s. 1003.48.
422	(d)  An original driver's license restricted to motorcycle
423	use only is $27 $48, which includes the fee for driver's
424	education provided by s. 1003.48.
425	(e)  A replacement driver's license issued pursuant to s.
426	322.17 is $10 $25. Of this amount $7 shall be deposited into the
427	Highway Safety Operating Trust Fund and $3 $18 shall be
428	deposited into the General Revenue Fund.
429	(f)  An original, renewal, or replacement identification
430	card issued pursuant to s. 322.051 is $10 $25. Funds collected
431	from these fees shall be distributed as follows:
432	1.  For an original identification card issued pursuant to
433	s. 322.051 the fee is $10 $25. This amount shall be deposited
434	into the General Revenue Fund.
435	2.  For a renewal identification card issued pursuant to s.
436	322.051 the fee is $10 $25. Of this amount, $6 shall be
437	deposited into the Highway Safety Operating Trust Fund and $4
438	$19 shall be deposited into the General Revenue Fund.
439	3.  For a replacement identification card issued pursuant
440	to s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
441	deposited into the Highway Safety Operating Trust Fund and $1
442	$16 shall be deposited into the General Revenue Fund.
443	(g)  Each endorsement required by s. 322.57 is $7.
444	(h)  A hazardous-materials endorsement, as required by s.
445	322.57(1)(d), shall be set by the department by rule and must
446	reflect the cost of the required criminal history check,
447	including the cost of the state and federal fingerprint check,
448	and the cost to the department of providing and issuing the
449	license. The fee shall not exceed $100. This fee shall be
450	deposited in the Highway Safety Operating Trust Fund. The
451	department may adopt rules to administer this section.
452	(8)  Any person who applies for reinstatement following the
453	suspension or revocation of the person's driver's license must
454	pay a service fee of $35 $45 following a suspension, and $60 $75
455	following a revocation, which is in addition to the fee for a
456	license. Any person who applies for reinstatement of a
457	commercial driver's license following the disqualification of
458	the person's privilege to operate a commercial motor vehicle
459	shall pay a service fee of $60 $75, which is in addition to the
460	fee for a license. The department shall collect all of these
461	fees at the time of reinstatement. The department shall issue
462	proper receipts for such fees and shall promptly transmit all
463	funds received by it as follows:
464	(a)  Of the $35 $45 fee received from a licensee for
465	reinstatement following a suspension, the department shall
466	deposit $15 in the General Revenue Fund and $20 $30 in the
467	Highway Safety Operating Trust Fund.
468	(b)  Of the $60 $75 fee received from a licensee for
469	reinstatement following a revocation or disqualification, the
470	department shall deposit $35 in the General Revenue Fund and $25
471	$40 in the Highway Safety Operating Trust Fund.
472	(9)  An applicant:
473	(a)  Requesting a review authorized in s. 322.222, s.
474	322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
475	fee of $25 to be deposited into the Highway Safety Operating
476	Trust Fund.
477	(b)  Petitioning the department for a hearing authorized in
478	s. 322.271 must pay a filing fee of $12 to be deposited into the
479	Highway Safety Operating Trust Fund.
480
481	If the revocation or suspension of the driver's license was for
482	a violation of s. 316.193, or for refusal to submit to a lawful
483	breath, blood, or urine test, an additional fee of $115 $130
484	must be charged. However, only one $115 $130 fee may be
485	collected from one person convicted of violations arising out of
486	the same incident. The department shall collect the $130 fee and
487	deposit the fee into the Highway Safety Operating Trust Fund at
488	the time of reinstatement of the person's driver's license, but
489	the fee may not be collected if the suspension or revocation is
490	overturned. If the revocation or suspension of the driver's
491	license was for a conviction for a violation of s. 817.234(8) or
492	(9) or s. 817.505, an additional fee of $180 is imposed for each
493	offense. The department shall collect and deposit the additional
494	fee into the Highway Safety Operating Trust Fund at the time of
495	reinstatement of the person's driver's license.
496	Section 5.  Subsection (5) of section 322.2715, Florida
497	Statutes, is amended to read:
498	322.2715  Ignition interlock device.-
499	(5)  In addition to any fees authorized by rule for the
500	installation and maintenance of the ignition interlock device,
501	the authorized installer of the device shall collect and remit
502	$15 $12 for each installation to the department, which shall be
503	deposited into the Highway Safety Operating Trust Fund to be
504	used for the operation of the Ignition Interlock Device Program.
505	Section 6.  Paragraph (a) of subsection (2) of section
506	322.28, Florida Statutes, is amended to read:
507	322.28  Period of suspension or revocation.-
508	(2)  In a prosecution for a violation of s. 316.193 or
509	former s. 316.1931, the following provisions apply:
510	(a)  Upon conviction of the driver, the court, along with
511	imposing sentence, shall revoke the driver's license or driving
512	privilege of the person so convicted, effective on the date of
513	conviction, and shall prescribe the period of such revocation in
514	accordance with the following provisions:
515	1.  Upon a first conviction for a violation of the
516	provisions of s. 316.193, except a violation resulting in death,
517	the driver's license or driving privilege shall be revoked for
518	not less than 180 days or more than 1 year. No sooner than 30
519	days after conviction, the offender may petition the court for
520	approval of a restricted driver's license upon the condition
521	that the offender operate only a vehicle that is equipped with a
522	functioning and approved ignition interlock device certified to
523	be in compliance with s. 316.1938.
524	2.  Upon a second conviction for an offense that occurs
525	within a period of 5 years after the date of a prior conviction
526	for a violation of the provisions of s. 316.193 or former s.
527	316.1931 or a combination of such sections, the driver's license
528	or driving privilege shall be revoked for not less than 5 years.
529	No sooner than 180 days after conviction, the offender may
530	petition the court for approval of a restricted driver's license
531	upon the condition that the offender operate only a vehicle that
532	is equipped with a functioning and approved ignition interlock
533	device certified to be in compliance with s. 316.1938.
534	3.  Upon a third conviction for an offense that occurs
535	within a period of 10 years after the date of a prior conviction
536	for the violation of the provisions of s. 316.193 or former s.
537	316.1931 or a combination of such sections, the driver's license
538	or driving privilege shall be revoked for not less than 10
539	years. No sooner than 360 days after conviction, the offender
540	may petition the court for approval of a restricted driver's
541	license upon the condition that the offender operate only a
542	vehicle that is equipped with a functioning and approved
543	ignition interlock device certified to be in compliance with s.
544	316.1938.
545
546	For the purposes of this paragraph, a previous conviction
547	outside this state for driving under the influence, driving
548	while intoxicated, driving with an unlawful blood-alcohol level,
549	or any other alcohol-related or drug-related traffic offense
550	similar to the offense of driving under the influence as
551	proscribed by s. 316.193 will be considered a previous
552	conviction for violation of s. 316.193, and a conviction for
553	violation of former s. 316.028, former s. 316.1931, or former s.
554	860.01 is considered a conviction for violation of s. 316.193.
555	Section 7.  This act shall take effect July 1, 2010.

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