Amendment
Bill No. SB 2160
Amendment No. 969825
CHAMBER ACTION
Senate House
.
.
.






1Representative Horner offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Section 20.24, Florida Statutes, is amended to
7read:
8     20.24  Department of Highway Safety and Motor Vehicles.-
9There is created a Department of Highway Safety and Motor
10Vehicles.
11     (1)  The head of the Department of Highway Safety and Motor
12Vehicles is the Governor and Cabinet.
13     (2)  The following divisions, and bureaus within the
14divisions, of the Department of Highway Safety and Motor
15Vehicles are established:
16     (a)  Division of the Florida Highway Patrol.
17     (b)  Division of Motorist Services.
18     (b)  Division of Driver Licenses.
19     (c)  Division of Motor Vehicles.
20     Section 2.  Section 218.337, Florida Statutes, is created
21to read:
22     218.337  Tax collectors; branch offices.-A tax collector
23may establish one or more branch offices by acquiring title to
24real property or by lease agreement. The tax collector may staff
25and equip such branch offices to conduct state business only
26upon execution of an interagency agreement or, if authorized to
27do so by resolution of the county governing body, conduct
28business pursuant to s. (1)(k), Art. VIII of the State
29Constitution. The department shall rely on the tax collector's
30determination that a branch office is necessary and shall base
31its approval of the tax collector's budget in accordance with
32the procedures of s. 195.087(2).
33     Section 3.  Paragraph (e) of subsection (2) of section
34288.816, Florida Statutes, is amended to read:
35     288.816  Intergovernmental relations.-
36     (2)  The Office of Tourism, Trade, and Economic Development
37shall be responsible for all consular relations between the
38state and all foreign governments doing business in Florida. The
39office shall monitor United States laws and directives to ensure
40that all federal treaties regarding foreign privileges and
41immunities are properly observed. The office shall promulgate
42rules which shall:
43     (e)  Verify entitlement to issuance of special motor
44vehicle license plates by the Division of Motor Vehicles of the
45Department of Highway Safety and Motor Vehicles to honorary
46consuls or such other officials representing foreign governments
47who are not entitled to issuance of special Consul Corps license
48plates by the United States Government.
49     Section 4.  Paragraph (a) of subsection (3) of section
50311.121, Florida Statutes, is amended to read:
51     311.121  Qualifications, training, and certification of
52licensed security officers at Florida seaports.-
53     (3)  The Seaport Security Officer Qualification, Training,
54and Standards Coordinating Council is created under the
55Department of Law Enforcement.
56     (a)  The executive director of the Department of Law
57Enforcement shall appoint 11 members to the council, to include:
58     1.  The seaport administrator of the Department of Law
59Enforcement.
60     2.  The Commissioner of Education or his or her designee.
61     3.  The director of the Division of Licensing of the
62Department of Agriculture and Consumer Services.
63     4.  The administrator of the Florida Seaport Transportation
64and Economic Development Council.
65     5.  Two seaport security directors from seaports designated
66under s. 311.09.
67     6.  One director of a state law enforcement academy.
68     7.  One representative of a local law enforcement agency.
69     8.  Two representatives of contract security services.
70     9.  One representative of the Division of Driver Licenses
71of the Department of Highway Safety and Motor Vehicles.
72     Section 5.  Section 316.1957, Florida Statutes, is amended
73to read:
74     316.1957  Parking violations; designated parking spaces for
75persons who have disabilities.-When evidence is presented in any
76court of the fact that any motor vehicle was parked in a
77properly designated parking space for persons who have
78disabilities in violation of s. 316.1955, it is prima facie
79evidence that the vehicle was parked and left in the space by
80the person, firm, or corporation in whose name the vehicle is
81registered and licensed according to the records of the
82department Division of Motor Vehicles.
83     Section 6.  Paragraph (b) of subsection (1) of section
84316.613, Florida Statutes, is amended to read:
85     316.613  Child restraint requirements.-
86     (1)
87     (b)  The department Division of Motor Vehicles shall
88provide notice of the requirement for child restraint devices,
89which notice shall accompany the delivery of each motor vehicle
90license tag.
91     Section 7.  Paragraph (a) of subsection (1) of section
92318.15, Florida Statutes, is amended to read:
93     318.15  Failure to comply with civil penalty or to appear;
94penalty.-
95     (1)(a)  If a person fails to comply with the civil
96penalties provided in s. 318.18 within the time period specified
97in s. 318.14(4), fails to enter into or comply with the terms of
98a penalty payment plan with the clerk of the court in accordance
99with ss. 318.14 and 28.246, fails to attend driver improvement
100school, or fails to appear at a scheduled hearing, the clerk of
101the court shall notify the Division of Driver Licenses of the
102Department of Highway Safety and Motor Vehicles of such failure
103within 10 days after such failure. Upon receipt of such notice,
104the department shall immediately issue an order suspending the
105driver's license and privilege to drive of such person effective
10620 days after the date the order of suspension is mailed in
107accordance with s. 322.251(1), (2), and (6). Any such suspension
108of the driving privilege which has not been reinstated,
109including a similar suspension imposed outside Florida, shall
110remain on the records of the department for a period of 7 years
111from the date imposed and shall be removed from the records
112after the expiration of 7 years from the date it is imposed.
113     Section 8.  Paragraph (b) of subsection (3) and subsection
114(5) of section 320.05, Florida Statutes, are amended to read:
115     320.05  Records of the department; inspection procedure;
116lists and searches; fees.-
117     (3)
118     (b)  Fees therefor shall be charged and collected as
119follows:
120     1.  For providing lists of motor vehicle or vessel records
121for the entire state, or any part or parts thereof, divided
122according to counties, a sum computed at a rate of not less than
1231 cent nor more than 5 cents per item.
124     2.  For providing noncertified photographic copies of motor
125vehicle or vessel documents, $1 per page.
126     3.  For providing noncertified photographic copies of
127micrographic records, $1 per page.
128     4.  For providing certified copies of motor vehicle or
129vessel records, $3 per record.
130     5.  For providing noncertified computer-generated printouts
131of motor vehicle or vessel records, 50 cents per record.
132     6.  For providing certified computer-generated printouts of
133motor vehicle or vessel records, $3 per record.
134     7.  For providing electronic access to motor vehicle,
135vessel, and mobile home registration data requested by tag,
136vehicle identification number, title number, or decal number, 50
137cents per item.
138     8.  For providing electronic access to driver's license
139status report by name, sex, and date of birth or by driver
140license number, 50 cents per item.
141     9.  For providing lists of licensed mobile home dealers and
142manufacturers and recreational vehicle dealers and
143manufacturers, $15 per list.
144     10.  For providing lists of licensed motor vehicle dealers,
145$25 per list.
146     11.  For each copy of a videotape record, $15 per tape.
147     12.  For each copy of the Division of Motorist Services
148Motor Vehicles Procedures Manual, $25.
149     (5)  The creation and maintenance of records by the
150Division of Motorist Services within the department and the
151Division of Motor Vehicles pursuant to this chapter shall not be
152regarded as law enforcement functions of agency recordkeeping.
153     Section 9.  Paragraphs (a) and (b) of subsection (2) of
154section 320.275, Florida Statutes, are amended to read:
155     320.275  Automobile Dealers Industry Advisory Board.-
156     (2)  MEMBERSHIP, TERMS, MEETINGS.-
157     (a)  The board shall be composed of 12 members. The
158executive director of the Department of Highway Safety and Motor
159Vehicles shall appoint the members from names submitted by the
160entities for the designated categories the member will
161represent. The executive director shall appoint one
162representative of the Department of Highway Safety and Motor
163Vehicles, who must represent the Division of Motor Vehicles; two
164representatives of the independent motor vehicle industry as
165recommended by the Florida Independent Automobile Dealers
166Association; two representatives of the franchise motor vehicle
167industry as recommended by the Florida Automobile Dealers
168Association; one representative of the auction motor vehicle
169industry who is from an auction chain and is recommended by a
170group affiliated with the National Auto Auction Association; one
171representative of the auction motor vehicle industry who is from
172an independent auction and is recommended by a group affiliated
173with the National Auto Auction Association; one representative
174from the Department of Revenue; a Florida tax collector
175representative recommended by the Florida Tax Collectors
176Association; one representative from the Better Business Bureau;
177one representative from the Department of Agriculture and
178Consumer Services, who must represent the Division of Consumer
179Services; and one representative of the insurance industry who
180writes motor vehicle dealer surety bonds.
181     (b)1.  The executive director shall appoint the following
182initial members to 1-year terms: one representative from the
183motor vehicle auction industry who represents an auction chain,
184one representative from the independent motor vehicle industry,
185one representative from the franchise motor vehicle industry,
186one representative from the Department of Revenue, one Florida
187tax collector, and one representative from the Better Business
188Bureau.
189     2.  The executive director shall appoint the following
190initial members to 2-year terms: one representative from the
191motor vehicle auction industry who represents an independent
192auction, one representative from the independent motor vehicle
193industry, one representative from the franchise motor vehicle
194industry, one representative from the Division of Consumer
195Services, one representative from the insurance industry, and
196one representative from the department Division of Motor
197Vehicles.
198     3.  As the initial terms expire, the executive director
199shall appoint successors from the same designated category for
200terms of 2 years. If renominated, a member may succeed himself
201or herself.
202     4.  The board shall appoint a chair and vice chair at its
203initial meeting and every 2 years thereafter.
204     Section 10.  Subsection (3) of section 322.02, Florida
205Statutes, is amended to read:
206     322.02  Legislative intent; administration.-
207     (3)  The department shall employ a director, who is charged
208with the duty of serving as the executive officer of the
209Division of Motorist Services Driver Licenses of the department
210insofar as the administration of this chapter is concerned. He
211or she shall be subject to the supervision and direction of the
212department, and his or her official actions and decisions as
213executive officer shall be conclusive unless the same are
214superseded or reversed by the department or by a court of
215competent jurisdiction.
216     Section 11.  Subsections (1) and (5) of section 322.135,
217Florida Statutes, are amended, and subsection (7) is added to
218that section, to read:
219     322.135  Driver's license agents.-
220     (1)  The department shall, upon application, authorize by
221interagency agreement any or all of the tax collectors who are
222constitutional officers under s. 1(d), Art. VIII of the State
223Constitution in the several counties of the state, subject to
224the requirements of law, in accordance with rules of the
225department, to serve as its agent for the provision of specified
226driver's license services.
227     (a)  These services shall be limited to the issuance of
228driver's licenses and identification cards as authorized by this
229chapter.
230     (b)  Each tax collector who is authorized by the department
231to provide driver's license services shall bear all costs
232associated with providing those services.
233     (c)  A service fee of $6.25 shall be charged, in addition
234to the fees set forth in this chapter, for providing all
235services pursuant to this chapter. The service fee may not be
236charged:
237     1.  More than once per customer during a single visit to a
238tax collector's office.
239     2.  For a reexamination requested by the Medical Advisory
240Board or required pursuant to s. 322.221.
241     3.  For a voter registration transaction.
242     4.  In violation of any federal or state law.
243     (5)  All driver's license issuance services shall be
244assumed by the tax collectors who are constitutional officers
245under s. 1(d), Art. VIII of the State Constitution no later than
246December 31, 2013. The department, in conjunction with the
247Florida Tax Collectors Association and the Florida Association
248of Counties, shall develop a plan to transition all driver's
249license issuance services to the county tax collectors who are
250constitutional officers under s. 1(d), Art. VIII of the State
251Constitution. The transition plan must be submitted to the
252President of the Senate and the Speaker of the House of
253Representatives on or before February 1, 2011. The transition
254plan must include a timeline to complete the full transition of
255all driver's license issuance services no later than June 30,
2562015, and may include, but is not limited to, recommendations on
257the use of regional service centers, interlocal agreements, and
258equipment.
259     (7)  The department may adopt rules to create exceptions
260for counties that cannot provide full driver's license services
261due to their small population. In addition, counties may enter
262into interlocal agreements providing for a county tax collector
263to provide driver's license services for another county.
264     Section 12.  Subsections (9), (10), (13), (14), and (16) of
265section 322.20, Florida Statutes, are amended to read:
266     322.20  Records of the department; fees; destruction of
267records.-
268     (9)  The department may, upon application, furnish to any
269person, from its records the records of the Division of Driver
270Licenses, a list of the names, addresses, and birth dates of the
271licensed drivers of the entire state or any portion thereof by
272age group. In addition, the department may furnish to the
273courts, for the purpose of establishing jury selection lists,
274the names, addresses, and birth dates of the persons of the
275entire state or any portion thereof by age group having
276identification cards issued by the department. Each person who
277requests such information shall pay a fee, set by the
278department, of 1 cent per name listed, except that the
279department shall furnish such information without charge to the
280courts for the purpose of jury selection or to any state agency
281or to any state attorney, sheriff, or chief of police. Such
282court, state agency, state attorney, or law enforcement agency
283may not sell, give away, or allow the copying of such
284information. Noncompliance with this prohibition shall authorize
285the department to charge the noncomplying court, state agency,
286state attorney, or law enforcement agency the appropriate fee
287for any subsequent lists requested. The department may adopt
288rules necessary to implement this subsection.
289     (10)  The department Division of Driver Licenses is
290authorized, upon application of any person and payment of the
291proper fees, to search and to assist such person in the search
292of the records of the department and make reports thereof and to
293make photographic copies of the departmental records and
294attestations thereof.
295     (13)  The department Division of Driver Licenses shall
296implement a system that allows either parent of a minor, or a
297guardian, or other responsible adult who signed a minor's
298application for a driver's license to have Internet access
299through a secure website to inspect the minor's driver history
300record. Internet access to driver history records granted to a
301minor's parents, guardian, or other responsible adult shall be
302furnished by the department at no fee and shall terminate when
303the minor attains 18 years of age.
304     (14)  The department is authorized in accordance with
305chapter 257 to destroy reports, records, documents, papers, and
306correspondence in the Division of Driver Licenses which are
307considered obsolete.
308     (16)  The creation and maintenance of records by the
309Division of Motorist Services within the department and the
310Division of Driver Licenses pursuant to this chapter shall not
311be regarded as law enforcement functions of agency
312recordkeeping.
313     Section 13.  Section 322.202, Florida Statutes, is amended
314to read:
315     322.202  Admission of evidence obtained from the Division
316of Motorist Services Driver Licenses and the Division of Motor
317Vehicles.-
318     (1)  The Legislature finds that the Division of Motorist
319Services Driver Licenses and the Division of Motor Vehicles of
320the Department of Highway Safety and Motor Vehicles is are not a
321law enforcement agency agencies. The Legislature also finds that
322the division is not an adjunct divisions are not adjuncts of any
323law enforcement agency in that employees have no stake in
324particular prosecutions. The Legislature further finds that
325errors in records maintained by the division divisions are not
326within the collective knowledge of any law enforcement agency.
327The Legislature also finds that the missions of the division of
328Driver Licenses, the Division of Motor Vehicles, and the
329department of Highway Safety and Motor Vehicles provide a
330sufficient incentive to maintain records in a current and
331correct fashion.
332     (2)  The Legislature finds that the purpose of the
333exclusionary rule is to deter misconduct on the part of law
334enforcement officers and law enforcement agencies.
335     (3)  The Legislature finds that the application of the
336exclusionary rule to cases where a law enforcement officer
337effects an arrest based on objectively reasonable reliance on
338information obtained from the division divisions is repugnant to
339the purposes of the exclusionary rule and contrary to the
340decisions of the United States Supreme Court in Arizona v.
341Evans, 514 U.S. 1 (1995) and United States v. Leon, 468 U.S. 897
342(1984).
343     (4)  In any case where a law enforcement officer effects an
344arrest based on objectively reasonable reliance on information
345obtained from the division divisions, evidence found pursuant to
346such an arrest shall not be suppressed by application of the
347exclusionary rule on the grounds that the arrest is subsequently
348determined to be unlawful due to erroneous information obtained
349from the division divisions.
350     Section 14.  Paragraphs (e) and (f) of subsection (1) and
351subsection (2) of section 322.21, Florida Statutes, are amended
352to read:
353     322.21  License fees; procedure for handling and collecting
354fees.-
355     (1)  Except as otherwise provided herein, the fee for:
356     (e)  A replacement driver's license issued pursuant to s.
357322.17 is $25. Of this amount $7 shall be deposited into the
358Highway Safety Operating Trust Fund if issued by the department
359or retained by the tax collector if issued by the tax collector
360and $18 shall be deposited into the General Revenue Fund.
361     (f)  An original, renewal, or replacement identification
362card issued pursuant to s. 322.051 is $25. Funds collected from
363these fees shall be distributed as follows:
364     1.  For an original identification card issued pursuant to
365s. 322.051 the fee is $25. This amount shall be deposited into
366the General Revenue Fund.
367     2.  For a renewal identification card issued pursuant to s.
368322.051 the fee is $25. Of this amount, $6 shall be deposited
369into the Highway Safety Operating Trust Fund and $19 shall be
370deposited into the General Revenue Fund.
371     3.  For a replacement identification card issued pursuant
372to s. 322.051 the fee is $25. Of this amount, $9 shall be
373deposited into the Highway Safety Operating Trust Fund if issued
374by the department or retained by the tax collector if issued by
375the tax collector and $16 shall be deposited into the General
376Revenue Fund.
377     (2)  It is the duty of the Division of Motorist Services to
378provide Director of the Division of Driver Licenses to set up a
379division in the department with the necessary personnel to
380perform the necessary clerical and routine work for the
381department in issuing and recording applications, licenses, and
382certificates of eligibility, including the receiving and
383accounting of all license funds and their payment into the State
384Treasury, and other incidental clerical work connected with the
385administration of this chapter. The department may use such
386electronic, mechanical, or other devices as necessary to
387accomplish the purposes of this chapter.
388     Section 15.  Subsection (2) of section 413.012, Florida
389Statutes, is amended to read:
390     413.012  Confidential records disclosure prohibited;
391exemptions.-
392     (2)  It is unlawful for any person to disclose, authorize
393the disclosure, solicit, receive, or make use of any list of
394names and addresses or any record containing any information set
395forth in subsection (1) and maintained in the division. The
396prohibition provided for in this subsection shall not apply to
397the use of such information for purposes directly connected with
398the administration of the vocational rehabilitation program or
399with the monthly dispatch to the Division of Driver Licenses of
400the Department of Highway Safety and Motor Vehicles of the name
401in full, place and date of birth, sex, social security number,
402and resident address of individuals with central visual acuity
40320/200 or less in the better eye with correcting glasses, or a
404disqualifying field defect in which the peripheral field has
405contracted to such an extent that the widest diameter or visual
406field subtends an angular distance no greater than 20 degrees.
407When requested in writing by an applicant or client, or her or
408his representative, the Division of Blind Services shall release
409confidential information to the applicant or client or her or
410his representative.
411     Section 16.  This act shall take effect July 1, 2011.
412
413
414
-----------------------------------------------------
415
T I T L E  A M E N D M E N T
416     Remove the entire title and insert:
417
A bill to be entitled
418An act relating to the Department of Highway Safety and
419Motor Vehicles; amending s. 20.24, F.S.; reorganizing the
420department into two divisions; removing provisions for the
421Divisions of Driver Licenses and Motor Vehicles;
422establishing the Division of Motorist Services; creating
423s. 218.337, F.S.; providing for a tax collector to
424establish branch offices to conduct state or county
425business; providing for approval of the tax collector's
426budget by the Department of Financial Services; amending
427ss. 288.816, 311.121, 316.1957, 316.613, 318.15, 320.05,
428320.275, 322.20, and 413.012, F.S., relating to issuance
429of special license plates to officials of foreign
430governments, seaport security officer qualifications and
431training coordinating council, parking violations, child
432restraint devices, failure to comply or to appear,
433creation and maintenance of records, appointments to the
434Automobile Dealers Industry Advisory Board, records of the
435department, and disclosure of confidential records,
436respectively; conforming provisions to the reorganization
437of the department; specifying that creation and
438maintenance of records by the Division of Motorist
439Services pursuant to specified provisions shall not be
440regarded as law enforcement functions of agency
441recordkeeping; amending s. 322.02, F.S.; providing for the
442department to employ a director to serve as the executive
443officer of the Division of Motorist Services for
444administration of specified provisions relating to
445driver's licenses; amending s. 322.135, F.S.; revising
446provisions for the department to authorize tax collectors
447to act as agents for the provision of driver's license
448services; providing for certain tax collectors to assume
449all driver's license issuance services; authorizing the
450department to adopt rules to exempt certain counties from
451providing such services; providing for a county tax
452collector to provide driver's license services for another
453county under an interlocal agreement; amending s. 322.202,
454F.S.; providing legislative findings relating to arrests
455based on information obtained from the Division of
456Motorist Services; amending s. 322.21, F.S.; revising
457distribution of certain fees collected for issuance of
458replacement driver's licenses and identification cards;
459revising certain duties to conform to the reorganization
460of the department; providing an effective date.


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