1 | Representative Horner offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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6 | Section 1. Section 20.24, Florida Statutes, is amended to |
7 | read: |
8 | 20.24 Department of Highway Safety and Motor Vehicles.- |
9 | There is created a Department of Highway Safety and Motor |
10 | Vehicles. |
11 | (1) The head of the Department of Highway Safety and Motor |
12 | Vehicles is the Governor and Cabinet. |
13 | (2) The following divisions, and bureaus within the |
14 | divisions, of the Department of Highway Safety and Motor |
15 | Vehicles 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 |
21 | to read: |
22 | 218.337 Tax collectors; branch offices.-A tax collector |
23 | may establish one or more branch offices by acquiring title to |
24 | real property or by lease agreement. The tax collector may staff |
25 | and equip such branch offices to conduct state business only |
26 | upon execution of an interagency agreement or, if authorized to |
27 | do so by resolution of the county governing body, conduct |
28 | business pursuant to s. (1)(k), Art. VIII of the State |
29 | Constitution. The department shall rely on the tax collector's |
30 | determination that a branch office is necessary and shall base |
31 | its approval of the tax collector's budget in accordance with |
32 | the procedures of s. 195.087(2). |
33 | Section 3. Paragraph (e) of subsection (2) of section |
34 | 288.816, Florida Statutes, is amended to read: |
35 | 288.816 Intergovernmental relations.- |
36 | (2) The Office of Tourism, Trade, and Economic Development |
37 | shall be responsible for all consular relations between the |
38 | state and all foreign governments doing business in Florida. The |
39 | office shall monitor United States laws and directives to ensure |
40 | that all federal treaties regarding foreign privileges and |
41 | immunities are properly observed. The office shall promulgate |
42 | rules which shall: |
43 | (e) Verify entitlement to issuance of special motor |
44 | vehicle license plates by the Division of Motor Vehicles of the |
45 | Department of Highway Safety and Motor Vehicles to honorary |
46 | consuls or such other officials representing foreign governments |
47 | who are not entitled to issuance of special Consul Corps license |
48 | plates by the United States Government. |
49 | Section 4. Paragraph (a) of subsection (3) of section |
50 | 311.121, Florida Statutes, is amended to read: |
51 | 311.121 Qualifications, training, and certification of |
52 | licensed security officers at Florida seaports.- |
53 | (3) The Seaport Security Officer Qualification, Training, |
54 | and Standards Coordinating Council is created under the |
55 | Department of Law Enforcement. |
56 | (a) The executive director of the Department of Law |
57 | Enforcement shall appoint 11 members to the council, to include: |
58 | 1. The seaport administrator of the Department of Law |
59 | Enforcement. |
60 | 2. The Commissioner of Education or his or her designee. |
61 | 3. The director of the Division of Licensing of the |
62 | Department of Agriculture and Consumer Services. |
63 | 4. The administrator of the Florida Seaport Transportation |
64 | and Economic Development Council. |
65 | 5. Two seaport security directors from seaports designated |
66 | under 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 |
71 | of the Department of Highway Safety and Motor Vehicles. |
72 | Section 5. Section 316.1957, Florida Statutes, is amended |
73 | to read: |
74 | 316.1957 Parking violations; designated parking spaces for |
75 | persons who have disabilities.-When evidence is presented in any |
76 | court of the fact that any motor vehicle was parked in a |
77 | properly designated parking space for persons who have |
78 | disabilities in violation of s. 316.1955, it is prima facie |
79 | evidence that the vehicle was parked and left in the space by |
80 | the person, firm, or corporation in whose name the vehicle is |
81 | registered and licensed according to the records of the |
82 | department Division of Motor Vehicles. |
83 | Section 6. Paragraph (b) of subsection (1) of section |
84 | 316.613, Florida Statutes, is amended to read: |
85 | 316.613 Child restraint requirements.- |
86 | (1) |
87 | (b) The department Division of Motor Vehicles shall |
88 | provide notice of the requirement for child restraint devices, |
89 | which notice shall accompany the delivery of each motor vehicle |
90 | license tag. |
91 | Section 7. Paragraph (a) of subsection (1) of section |
92 | 318.15, Florida Statutes, is amended to read: |
93 | 318.15 Failure to comply with civil penalty or to appear; |
94 | penalty.- |
95 | (1)(a) If a person fails to comply with the civil |
96 | penalties provided in s. 318.18 within the time period specified |
97 | in s. 318.14(4), fails to enter into or comply with the terms of |
98 | a penalty payment plan with the clerk of the court in accordance |
99 | with ss. 318.14 and 28.246, fails to attend driver improvement |
100 | school, or fails to appear at a scheduled hearing, the clerk of |
101 | the court shall notify the Division of Driver Licenses of the |
102 | Department of Highway Safety and Motor Vehicles of such failure |
103 | within 10 days after such failure. Upon receipt of such notice, |
104 | the department shall immediately issue an order suspending the |
105 | driver's license and privilege to drive of such person effective |
106 | 20 days after the date the order of suspension is mailed in |
107 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
108 | of the driving privilege which has not been reinstated, |
109 | including a similar suspension imposed outside Florida, shall |
110 | remain on the records of the department for a period of 7 years |
111 | from the date imposed and shall be removed from the records |
112 | after 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; |
116 | lists and searches; fees.- |
117 | (3) |
118 | (b) Fees therefor shall be charged and collected as |
119 | follows: |
120 | 1. For providing lists of motor vehicle or vessel records |
121 | for the entire state, or any part or parts thereof, divided |
122 | according to counties, a sum computed at a rate of not less than |
123 | 1 cent nor more than 5 cents per item. |
124 | 2. For providing noncertified photographic copies of motor |
125 | vehicle or vessel documents, $1 per page. |
126 | 3. For providing noncertified photographic copies of |
127 | micrographic records, $1 per page. |
128 | 4. For providing certified copies of motor vehicle or |
129 | vessel records, $3 per record. |
130 | 5. For providing noncertified computer-generated printouts |
131 | of motor vehicle or vessel records, 50 cents per record. |
132 | 6. For providing certified computer-generated printouts of |
133 | motor vehicle or vessel records, $3 per record. |
134 | 7. For providing electronic access to motor vehicle, |
135 | vessel, and mobile home registration data requested by tag, |
136 | vehicle identification number, title number, or decal number, 50 |
137 | cents per item. |
138 | 8. For providing electronic access to driver's license |
139 | status report by name, sex, and date of birth or by driver |
140 | license number, 50 cents per item. |
141 | 9. For providing lists of licensed mobile home dealers and |
142 | manufacturers and recreational vehicle dealers and |
143 | manufacturers, $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 |
148 | Motor Vehicles Procedures Manual, $25. |
149 | (5) The creation and maintenance of records by the |
150 | Division of Motorist Services within the department and the |
151 | Division of Motor Vehicles pursuant to this chapter shall not be |
152 | regarded as law enforcement functions of agency recordkeeping. |
153 | Section 9. Paragraphs (a) and (b) of subsection (2) of |
154 | section 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 |
158 | executive director of the Department of Highway Safety and Motor |
159 | Vehicles shall appoint the members from names submitted by the |
160 | entities for the designated categories the member will |
161 | represent. The executive director shall appoint one |
162 | representative of the Department of Highway Safety and Motor |
163 | Vehicles, who must represent the Division of Motor Vehicles; two |
164 | representatives of the independent motor vehicle industry as |
165 | recommended by the Florida Independent Automobile Dealers |
166 | Association; two representatives of the franchise motor vehicle |
167 | industry as recommended by the Florida Automobile Dealers |
168 | Association; one representative of the auction motor vehicle |
169 | industry who is from an auction chain and is recommended by a |
170 | group affiliated with the National Auto Auction Association; one |
171 | representative of the auction motor vehicle industry who is from |
172 | an independent auction and is recommended by a group affiliated |
173 | with the National Auto Auction Association; one representative |
174 | from the Department of Revenue; a Florida tax collector |
175 | representative recommended by the Florida Tax Collectors |
176 | Association; one representative from the Better Business Bureau; |
177 | one representative from the Department of Agriculture and |
178 | Consumer Services, who must represent the Division of Consumer |
179 | Services; and one representative of the insurance industry who |
180 | writes motor vehicle dealer surety bonds. |
181 | (b)1. The executive director shall appoint the following |
182 | initial members to 1-year terms: one representative from the |
183 | motor vehicle auction industry who represents an auction chain, |
184 | one representative from the independent motor vehicle industry, |
185 | one representative from the franchise motor vehicle industry, |
186 | one representative from the Department of Revenue, one Florida |
187 | tax collector, and one representative from the Better Business |
188 | Bureau. |
189 | 2. The executive director shall appoint the following |
190 | initial members to 2-year terms: one representative from the |
191 | motor vehicle auction industry who represents an independent |
192 | auction, one representative from the independent motor vehicle |
193 | industry, one representative from the franchise motor vehicle |
194 | industry, one representative from the Division of Consumer |
195 | Services, one representative from the insurance industry, and |
196 | one representative from the department Division of Motor |
197 | Vehicles. |
198 | 3. As the initial terms expire, the executive director |
199 | shall appoint successors from the same designated category for |
200 | terms of 2 years. If renominated, a member may succeed himself |
201 | or herself. |
202 | 4. The board shall appoint a chair and vice chair at its |
203 | initial meeting and every 2 years thereafter. |
204 | Section 10. Subsection (3) of section 322.02, Florida |
205 | Statutes, is amended to read: |
206 | 322.02 Legislative intent; administration.- |
207 | (3) The department shall employ a director, who is charged |
208 | with the duty of serving as the executive officer of the |
209 | Division of Motorist Services Driver Licenses of the department |
210 | insofar as the administration of this chapter is concerned. He |
211 | or she shall be subject to the supervision and direction of the |
212 | department, and his or her official actions and decisions as |
213 | executive officer shall be conclusive unless the same are |
214 | superseded or reversed by the department or by a court of |
215 | competent jurisdiction. |
216 | Section 11. Subsections (1) and (5) of section 322.135, |
217 | Florida Statutes, are amended, and subsection (7) is added to |
218 | that section, to read: |
219 | 322.135 Driver's license agents.- |
220 | (1) The department shall, upon application, authorize by |
221 | interagency agreement any or all of the tax collectors who are |
222 | constitutional officers under s. 1(d), Art. VIII of the State |
223 | Constitution in the several counties of the state, subject to |
224 | the requirements of law, in accordance with rules of the |
225 | department, to serve as its agent for the provision of specified |
226 | driver's license services. |
227 | (a) These services shall be limited to the issuance of |
228 | driver's licenses and identification cards as authorized by this |
229 | chapter. |
230 | (b) Each tax collector who is authorized by the department |
231 | to provide driver's license services shall bear all costs |
232 | associated with providing those services. |
233 | (c) A service fee of $6.25 shall be charged, in addition |
234 | to the fees set forth in this chapter, for providing all |
235 | services pursuant to this chapter. The service fee may not be |
236 | charged: |
237 | 1. More than once per customer during a single visit to a |
238 | tax collector's office. |
239 | 2. For a reexamination requested by the Medical Advisory |
240 | Board 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 |
244 | assumed by the tax collectors who are constitutional officers |
245 | under s. 1(d), Art. VIII of the State Constitution no later than |
246 | December 31, 2013. The department, in conjunction with the |
247 | Florida Tax Collectors Association and the Florida Association |
248 | of Counties, shall develop a plan to transition all driver's |
249 | license issuance services to the county tax collectors who are |
250 | constitutional officers under s. 1(d), Art. VIII of the State |
251 | Constitution. The transition plan must be submitted to the |
252 | President of the Senate and the Speaker of the House of |
253 | Representatives on or before February 1, 2011. The transition |
254 | plan must include a timeline to complete the full transition of |
255 | all driver's license issuance services no later than June 30, |
256 | 2015, and may include, but is not limited to, recommendations on |
257 | the use of regional service centers, interlocal agreements, and |
258 | equipment. |
259 | (7) The department may adopt rules to create exceptions |
260 | for counties that cannot provide full driver's license services |
261 | due to their small population. In addition, counties may enter |
262 | into interlocal agreements providing for a county tax collector |
263 | to provide driver's license services for another county. |
264 | Section 12. Subsections (9), (10), (13), (14), and (16) of |
265 | section 322.20, Florida Statutes, are amended to read: |
266 | 322.20 Records of the department; fees; destruction of |
267 | records.- |
268 | (9) The department may, upon application, furnish to any |
269 | person, from its records the records of the Division of Driver |
270 | Licenses, a list of the names, addresses, and birth dates of the |
271 | licensed drivers of the entire state or any portion thereof by |
272 | age group. In addition, the department may furnish to the |
273 | courts, for the purpose of establishing jury selection lists, |
274 | the names, addresses, and birth dates of the persons of the |
275 | entire state or any portion thereof by age group having |
276 | identification cards issued by the department. Each person who |
277 | requests such information shall pay a fee, set by the |
278 | department, of 1 cent per name listed, except that the |
279 | department shall furnish such information without charge to the |
280 | courts for the purpose of jury selection or to any state agency |
281 | or to any state attorney, sheriff, or chief of police. Such |
282 | court, state agency, state attorney, or law enforcement agency |
283 | may not sell, give away, or allow the copying of such |
284 | information. Noncompliance with this prohibition shall authorize |
285 | the department to charge the noncomplying court, state agency, |
286 | state attorney, or law enforcement agency the appropriate fee |
287 | for any subsequent lists requested. The department may adopt |
288 | rules necessary to implement this subsection. |
289 | (10) The department Division of Driver Licenses is |
290 | authorized, upon application of any person and payment of the |
291 | proper fees, to search and to assist such person in the search |
292 | of the records of the department and make reports thereof and to |
293 | make photographic copies of the departmental records and |
294 | attestations thereof. |
295 | (13) The department Division of Driver Licenses shall |
296 | implement a system that allows either parent of a minor, or a |
297 | guardian, or other responsible adult who signed a minor's |
298 | application for a driver's license to have Internet access |
299 | through a secure website to inspect the minor's driver history |
300 | record. Internet access to driver history records granted to a |
301 | minor's parents, guardian, or other responsible adult shall be |
302 | furnished by the department at no fee and shall terminate when |
303 | the minor attains 18 years of age. |
304 | (14) The department is authorized in accordance with |
305 | chapter 257 to destroy reports, records, documents, papers, and |
306 | correspondence in the Division of Driver Licenses which are |
307 | considered obsolete. |
308 | (16) The creation and maintenance of records by the |
309 | Division of Motorist Services within the department and the |
310 | Division of Driver Licenses pursuant to this chapter shall not |
311 | be regarded as law enforcement functions of agency |
312 | recordkeeping. |
313 | Section 13. Section 322.202, Florida Statutes, is amended |
314 | to read: |
315 | 322.202 Admission of evidence obtained from the Division |
316 | of Motorist Services Driver Licenses and the Division of Motor |
317 | Vehicles.- |
318 | (1) The Legislature finds that the Division of Motorist |
319 | Services Driver Licenses and the Division of Motor Vehicles of |
320 | the Department of Highway Safety and Motor Vehicles is are not a |
321 | law enforcement agency agencies. The Legislature also finds that |
322 | the division is not an adjunct divisions are not adjuncts of any |
323 | law enforcement agency in that employees have no stake in |
324 | particular prosecutions. The Legislature further finds that |
325 | errors in records maintained by the division divisions are not |
326 | within the collective knowledge of any law enforcement agency. |
327 | The Legislature also finds that the missions of the division of |
328 | Driver Licenses, the Division of Motor Vehicles, and the |
329 | department of Highway Safety and Motor Vehicles provide a |
330 | sufficient incentive to maintain records in a current and |
331 | correct fashion. |
332 | (2) The Legislature finds that the purpose of the |
333 | exclusionary rule is to deter misconduct on the part of law |
334 | enforcement officers and law enforcement agencies. |
335 | (3) The Legislature finds that the application of the |
336 | exclusionary rule to cases where a law enforcement officer |
337 | effects an arrest based on objectively reasonable reliance on |
338 | information obtained from the division divisions is repugnant to |
339 | the purposes of the exclusionary rule and contrary to the |
340 | decisions of the United States Supreme Court in Arizona v. |
341 | Evans, 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 |
344 | arrest based on objectively reasonable reliance on information |
345 | obtained from the division divisions, evidence found pursuant to |
346 | such an arrest shall not be suppressed by application of the |
347 | exclusionary rule on the grounds that the arrest is subsequently |
348 | determined to be unlawful due to erroneous information obtained |
349 | from the division divisions. |
350 | Section 14. Paragraphs (e) and (f) of subsection (1) and |
351 | subsection (2) of section 322.21, Florida Statutes, are amended |
352 | to read: |
353 | 322.21 License fees; procedure for handling and collecting |
354 | fees.- |
355 | (1) Except as otherwise provided herein, the fee for: |
356 | (e) A replacement driver's license issued pursuant to s. |
357 | 322.17 is $25. Of this amount $7 shall be deposited into the |
358 | Highway Safety Operating Trust Fund if issued by the department |
359 | or retained by the tax collector if issued by the tax collector |
360 | and $18 shall be deposited into the General Revenue Fund. |
361 | (f) An original, renewal, or replacement identification |
362 | card issued pursuant to s. 322.051 is $25. Funds collected from |
363 | these fees shall be distributed as follows: |
364 | 1. For an original identification card issued pursuant to |
365 | s. 322.051 the fee is $25. This amount shall be deposited into |
366 | the General Revenue Fund. |
367 | 2. For a renewal identification card issued pursuant to s. |
368 | 322.051 the fee is $25. Of this amount, $6 shall be deposited |
369 | into the Highway Safety Operating Trust Fund and $19 shall be |
370 | deposited into the General Revenue Fund. |
371 | 3. For a replacement identification card issued pursuant |
372 | to s. 322.051 the fee is $25. Of this amount, $9 shall be |
373 | deposited into the Highway Safety Operating Trust Fund if issued |
374 | by the department or retained by the tax collector if issued by |
375 | the tax collector and $16 shall be deposited into the General |
376 | Revenue Fund. |
377 | (2) It is the duty of the Division of Motorist Services to |
378 | provide Director of the Division of Driver Licenses to set up a |
379 | division in the department with the necessary personnel to |
380 | perform the necessary clerical and routine work for the |
381 | department in issuing and recording applications, licenses, and |
382 | certificates of eligibility, including the receiving and |
383 | accounting of all license funds and their payment into the State |
384 | Treasury, and other incidental clerical work connected with the |
385 | administration of this chapter. The department may use such |
386 | electronic, mechanical, or other devices as necessary to |
387 | accomplish the purposes of this chapter. |
388 | Section 15. Subsection (2) of section 413.012, Florida |
389 | Statutes, is amended to read: |
390 | 413.012 Confidential records disclosure prohibited; |
391 | exemptions.- |
392 | (2) It is unlawful for any person to disclose, authorize |
393 | the disclosure, solicit, receive, or make use of any list of |
394 | names and addresses or any record containing any information set |
395 | forth in subsection (1) and maintained in the division. The |
396 | prohibition provided for in this subsection shall not apply to |
397 | the use of such information for purposes directly connected with |
398 | the administration of the vocational rehabilitation program or |
399 | with the monthly dispatch to the Division of Driver Licenses of |
400 | the Department of Highway Safety and Motor Vehicles of the name |
401 | in full, place and date of birth, sex, social security number, |
402 | and resident address of individuals with central visual acuity |
403 | 20/200 or less in the better eye with correcting glasses, or a |
404 | disqualifying field defect in which the peripheral field has |
405 | contracted to such an extent that the widest diameter or visual |
406 | field subtends an angular distance no greater than 20 degrees. |
407 | When requested in writing by an applicant or client, or her or |
408 | his representative, the Division of Blind Services shall release |
409 | confidential information to the applicant or client or her or |
410 | his representative. |
411 | Section 16. This act shall take effect July 1, 2011. |
412 |
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413 |
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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 |
418 | An act relating to the Department of Highway Safety and |
419 | Motor Vehicles; amending s. 20.24, F.S.; reorganizing the |
420 | department into two divisions; removing provisions for the |
421 | Divisions of Driver Licenses and Motor Vehicles; |
422 | establishing the Division of Motorist Services; creating |
423 | s. 218.337, F.S.; providing for a tax collector to |
424 | establish branch offices to conduct state or county |
425 | business; providing for approval of the tax collector's |
426 | budget by the Department of Financial Services; amending |
427 | ss. 288.816, 311.121, 316.1957, 316.613, 318.15, 320.05, |
428 | 320.275, 322.20, and 413.012, F.S., relating to issuance |
429 | of special license plates to officials of foreign |
430 | governments, seaport security officer qualifications and |
431 | training coordinating council, parking violations, child |
432 | restraint devices, failure to comply or to appear, |
433 | creation and maintenance of records, appointments to the |
434 | Automobile Dealers Industry Advisory Board, records of the |
435 | department, and disclosure of confidential records, |
436 | respectively; conforming provisions to the reorganization |
437 | of the department; specifying that creation and |
438 | maintenance of records by the Division of Motorist |
439 | Services pursuant to specified provisions shall not be |
440 | regarded as law enforcement functions of agency |
441 | recordkeeping; amending s. 322.02, F.S.; providing for the |
442 | department to employ a director to serve as the executive |
443 | officer of the Division of Motorist Services for |
444 | administration of specified provisions relating to |
445 | driver's licenses; amending s. 322.135, F.S.; revising |
446 | provisions for the department to authorize tax collectors |
447 | to act as agents for the provision of driver's license |
448 | services; providing for certain tax collectors to assume |
449 | all driver's license issuance services; authorizing the |
450 | department to adopt rules to exempt certain counties from |
451 | providing such services; providing for a county tax |
452 | collector to provide driver's license services for another |
453 | county under an interlocal agreement; amending s. 322.202, |
454 | F.S.; providing legislative findings relating to arrests |
455 | based on information obtained from the Division of |
456 | Motorist Services; amending s. 322.21, F.S.; revising |
457 | distribution of certain fees collected for issuance of |
458 | replacement driver's licenses and identification cards; |
459 | revising certain duties to conform to the reorganization |
460 | of the department; providing an effective date. |