Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1363, 1st Eng.
                                Barcode 948408                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Wise moved the following:
    1         Senate Amendment to Amendment (302038) (with title
    2  amendment)
    4         Between lines 475 and 476
    5  insert:
    6         Section 12. Section 322.1415, Florida Statutes, is created
    7  to read:
    8         322.1415 Specialty driver’s license and identification card
    9  program.—
   10         (1) The department may issue to any applicant qualified
   11  pursuant to s. 322.14 a specialty driver’s license or
   12  identification card upon payment of the appropriate fee pursuant
   13  to s. 322.21.
   14         (2) Department-approved specialty driver’s licenses and
   15  identification cards shall, at a minimum, be available for state
   16  and independent universities domiciled in this state, all
   17  Florida professional sports teams designated in s.
   18  320.08058(9)(a), and all branches of the United States military.
   19         (3) The design and use of each specialty driver’s license
   20  and identification card must be approved by the department and
   21  the organization that is recognized by the driver’s license or
   22  card.
   23         (4) Organizations receiving funds from this program shall
   24  attest as provided in 320.08062 that the funds have been
   25  expended in the same manner as provided in s. 320.08058. On
   26  December 1 of each year, the department shall deliver an annual
   27  report to the President of the Senate and the Speaker of the
   28  House of Representatives addressing the viability of the program
   29  and detailing the amounts distributed to each entity.
   30         (5) This section is repealed August 31, 2015.
   31         Section 13. Subsection (2) of section 322.19, Florida
   32  Statutes, is amended to read:
   33         322.19 Change of address or name.—
   34         (2) Whenever any person, after applying for or receiving a
   35  driver’s license, changes the legal residence or mailing address
   36  in the application or license, the person must, within 10
   37  calendar days, obtain a replacement license that reflects the
   38  change. A written request to the department must include the old
   39  and new addresses and the driver’s license number. Persons with
   40  a valid, current student identification card issued by an
   41  educational institution in this state are presumed not to have
   42  changed their legal residence or mailing address. Nothing in
   43  this provision shall affect any person required to register a
   44  permanent or temporary address change pursuant to s. 775.13, s.
   45  775.21, s. 775.25, or s. 943.0435.
   46         Section 14. Subsections (9), (10), (13), (14), and (16) of
   47  section 322.20, Florida Statutes, are amended to read:
   48         322.20 Records of the department; fees; destruction of
   49  records.—
   50         (9) The department may, upon application, furnish to any
   51  person, from its the records of the Division of Driver Licenses,
   52  a list of the names, addresses, and birth dates of the licensed
   53  drivers of the entire state or any portion thereof by age group.
   54  In addition, the department may furnish to the courts, for the
   55  purpose of establishing jury selection lists, the names,
   56  addresses, and birth dates of the persons of the entire state or
   57  any portion thereof by age group having identification cards
   58  issued by the department. Each person who requests such
   59  information shall pay a fee, set by the department, of 1 cent
   60  per name listed, except that the department shall furnish such
   61  information without charge to the courts for the purpose of jury
   62  selection or to any state agency or to any state attorney,
   63  sheriff, or chief of police. Such court, state agency, state
   64  attorney, or law enforcement agency may not sell, give away, or
   65  allow the copying of such information. Noncompliance with this
   66  prohibition shall authorize the department to charge the
   67  noncomplying court, state agency, state attorney, or law
   68  enforcement agency the appropriate fee for any subsequent lists
   69  requested. The department may adopt rules necessary to implement
   70  this subsection.
   71         (10) The department Division of Driver Licenses is
   72  authorized, upon application of any person and payment of the
   73  proper fees, to search and to assist such person in the search
   74  of the records of the department and make reports thereof and to
   75  make photographic copies of the departmental records and
   76  attestations thereof.
   77         (13) The department Division of Driver Licenses shall
   78  implement a system that allows either parent of a minor, or a
   79  guardian, or other responsible adult who signed a minor’s
   80  application for a driver’s license to have Internet access
   81  through a secure website to inspect the minor’s driver history
   82  record. Internet access to driver history records granted to a
   83  minor’s parents, guardian, or other responsible adult shall be
   84  furnished by the department at no fee and shall terminate when
   85  the minor attains 18 years of age.
   86         (14) The department is authorized in accordance with
   87  chapter 257 to destroy reports, records, documents, papers, and
   88  correspondence in the department Division of Driver Licenses
   89  which are considered obsolete.
   90         (16) The creation and maintenance of records by the
   91  Division of Motorist Services within the department and the
   92  Division of Driver Licenses pursuant to this chapter shall not
   93  be regarded as law enforcement functions of agency
   94  recordkeeping.
   95         Section 15. Section 322.202, Florida Statutes, is amended
   96  to read:
   97         322.202 Admission of evidence obtained from the Division of
   98  Motorist Services Driver Licenses and the Division of Motor
   99  Vehicles.—
  100         (1) The Legislature finds that the Division of Motorist
  101  Services Driver Licenses and the Division of Motor Vehicles of
  102  the Department of Highway Safety and Motor Vehicles is are not a
  103  law enforcement agency agencies. The Legislature also finds that
  104  the division is divisions are not an adjunct adjuncts of any law
  105  enforcement agency in that employees have no stake in particular
  106  prosecutions. The Legislature further finds that errors in
  107  records maintained by the Division of Motorist Services
  108  divisions are not within the collective knowledge of any law
  109  enforcement agency. The Legislature also finds that the mission
  110  missions of the Division of Motorist Services Driver Licenses,
  111  the Division of Motor Vehicles, and the Department of Highway
  112  Safety and Motor Vehicles provides provide a sufficient
  113  incentive to maintain records in a current and correct fashion.
  114         (2) The Legislature finds that the purpose of the
  115  exclusionary rule is to deter misconduct on the part of law
  116  enforcement officers and law enforcement agencies.
  117         (3) The Legislature finds that the application of the
  118  exclusionary rule to cases where a law enforcement officer
  119  effects an arrest based on objectively reasonable reliance on
  120  information obtained from the division divisions is repugnant to
  121  the purposes of the exclusionary rule and contrary to the
  122  decisions of the United States Supreme Court in Arizona v.
  123  Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
  124  (1984).
  125         (4) In any case where a law enforcement officer effects an
  126  arrest based on objectively reasonable reliance on information
  127  obtained from the division divisions, evidence found pursuant to
  128  such an arrest shall not be suppressed by application of the
  129  exclusionary rule on the grounds that the arrest is subsequently
  130  determined to be unlawful due to erroneous information obtained
  131  from the divisions.
  132         Section 16. Paragraph (i) is added to subsection (1) of
  133  section 322.21, Florida Statutes, and subsections (2) and (4) of
  134  that section are amended, to read:
  135         322.21 License fees; procedure for handling and collecting
  136  fees.—
  137         (1) Except as otherwise provided herein, the fee for:
  138         (i) The specialty license or identification card issued
  139  pursuant to s. 322.1415 is $25, which is in addition to other
  140  fees required in this section. The specialty fee shall be
  141  distributed as follows:
  142         1. Fifty percent shall be distributed as provided in
  143  section 320.08058 to the appropriate state or independent
  144  university, the professional sports team, or branches of the
  145  military.
  146         2. Fifty percent shall be distributed to the department for
  147  department costs directly related to the specialty driver’s
  148  license and identification card program and to defray costs of
  149  production enhancements and distribution.
  150         (2) It is the duty of the director of the Division of
  151  Motorist Services to provide Driver Licenses to set up a
  152  division in the department with the necessary personnel to
  153  perform the necessary clerical and routine work for the
  154  department in issuing and recording applications, licenses, and
  155  certificates of eligibility, including the receiving and
  156  accounting of all license funds and their payment into the State
  157  Treasury, and other incidental clerical work connected with the
  158  administration of this chapter. The department may use such
  159  electronic, mechanical, or other devices as necessary to
  160  accomplish the purposes of this chapter.
  161         (4) If the department determines from its records or is
  162  otherwise satisfied that the holder of a license about to expire
  163  is entitled to have it renewed, the department shall mail a
  164  renewal notice to the licensee at his or her last known address,
  165  at least within 30 days before the licensee’s birthday. The
  166  licensee may shall be issued a renewal license, after
  167  reexamination, if required, during the 30 days immediately
  168  preceding his or her birthday upon presenting a renewal notice,
  169  his or her current license, and the fee for renewal to the
  170  department at any driver’s license examining office. A driver
  171  may renew his or her driver’s license up to 18 months prior to
  172  the license expiration date.
  174  ================= T I T L E  A M E N D M E N T ================
  175         And the title is amended as follows:
  176         Delete line 3689
  177  and insert:
  178         providing a grace period; creating s. 322.1415, F.S.;
  179         authorizing the Department of Highway Safety and Motor
  180         Vehicles to issue a specialty driver’s license or
  181         identification card to qualified applicants;
  182         specifying that, at a minimum, the specialty driver’s
  183         licenses and identification cards must be available
  184         for certain state and independent universities and
  185         professional sports teams and all of the branches of
  186         the United States military; requiring that the design
  187         of each specialty driver’s license and identification
  188         card be approved by the department; providing for
  189         future repeal; amending s. 322.19, F.S.; providing
  190         that certain persons with a valid student
  191         identification card are presumed not to have changed
  192         their legal residence or mailing address; amending s.
  193         322.20, F.S., relating to department records;
  194         conforming provisions to changes made by the act;
  195         amending s. 322.202, F.S.; clarifying that the
  196         Division of Motorist Services is not a law enforcement
  197         agency; amending s. 322.21, F.S., relating to handling
  198         and collecting license fees; providing for the
  199         distribution of funds collected from the specialty
  200         driver’s license and identification card fees;
  201         conforming provisions to changes made by the act;
  202         authorizing a driver to renew his or her driver’s
  203         license during a specified period before the license
  204         expiration date; amending s. 331.303, F.S.;