Florida Senate - 2016                             CS for SB 1394
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       596-02694-16                                          20161394c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.003, F.S.;
    4         defining the terms “service patrol vehicle” and
    5         “driver-assistive truck platooning technology”;
    6         amending s. 316.0895, F.S.; providing that provisions
    7         prohibiting a driver from following certain vehicles
    8         within a specified distance do not apply to truck
    9         tractor-semitrailer combinations under certain
   10         circumstances; amending s. 316.126, F.S.; requiring
   11         the driver of every other vehicle to take specified
   12         actions if a utility service vehicle displaying any
   13         visual signals or a service patrol vehicle displaying
   14         amber rotating or flashing lights is performing
   15         certain tasks on the roadside; amending s. 316.193,
   16         F.S.; requiring, as of a specified date, that the
   17         court order a certain qualified sobriety and drug
   18         monitoring program in addition to the placement of an
   19         ignition interlock device; deleting provisions
   20         relating to a qualified sobriety and drug monitoring
   21         program; directing the department to adopt rules
   22         providing for the implementation of the use of certain
   23         qualified sobriety and drug monitoring programs;
   24         redefining the terms “qualified sobriety and drug
   25         monitoring program” and “evidence-based program”;
   26         providing requirements for the program; amending s.
   27         316.235, F.S.; revising requirements relating to a
   28         deceleration lighting system for buses; amending s.
   29         316.303, F.S.; providing exceptions to the prohibition
   30         against certain television-type receiving equipment in
   31         vehicles; amending s. 320.02, F.S.; increasing
   32         the timeframe within which the owner of any motor
   33         vehicle registered in the state must notify the
   34         department of a change of address; providing
   35         exceptions to such notification; amending s. 320.055,
   36         F.S.; revising the renewal period for certain motor
   37         vehicles subject to registration; amending s. 320.07,
   38         F.S.; prohibiting a law enforcement officer from
   39         issuing a citation for a specified violation until a
   40         certain date; amending s. 322.051, F.S.; requiring the
   41         department to issue or renew an identification card to
   42         certain juvenile offenders; requiring that the
   43         department’s mobile issuing units process certain
   44         identification cards; amending s. 322.19, F.S.;
   45         increasing the timeframe within which certain persons
   46         must obtain a replacement driver license or
   47         identification card that reflects a change in his or
   48         her legal name; providing exceptions to such
   49         requirement; increasing the timeframe within which
   50         certain persons must obtain a replacement driver
   51         license or identification card that reflects a change
   52         in the legal residence or mailing address in his or
   53         her application, license, or card; amending s. 322.21,
   54         F.S.; exempting certain juvenile offenders from a
   55         specified fee for an original, renewal, or replacement
   56         identification card; amending s. 322.221, F.S.;
   57         requiring the department to issue an identification
   58         card at no cost at the time a person’s driver license
   59         is suspended or revoked due to his or her physical or
   60         mental condition; amending s. 322.271, F.S.; providing
   61         that a certain qualified sobriety and drug monitoring
   62         program shall be ordered by the court on or after a
   63         specified date in addition to the placement of an
   64         ignition interlock device; amending s. 322.2715, F.S.;
   65         providing that a certain qualified sobriety and drug
   66         monitoring program shall be used by the department on
   67         or after a specified date in addition to the placement
   68         of an ignition interlock device; providing an
   69         effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Subsections (94) and (95) are added to section
   74  316.003, Florida Statutes, to read:
   75         316.003 Definitions.—The following words and phrases, when
   76  used in this chapter, shall have the meanings respectively
   77  ascribed to them in this section, except where the context
   78  otherwise requires:
   79         (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
   80  emblem or markings with the wording “SERVICE VEHICLE” which is
   81  visible from the roadway and clearly indicates that the vehicle
   82  belongs to or is under contract with a person, an entity, a
   83  cooperative, a board, a commission, a district, or a unit of
   84  government that provides highway assistance services to
   85  motorists, clears travel lanes, or provides temporary
   86  maintenance of traffic support for incident response operations.
   87         (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
   88  automation technology that integrates a sensor array, wireless
   89  communications, vehicle controls, and specialized software to
   90  synchronize the acceleration and braking between no more than
   91  two truck tractor-semitrailer combinations, while leaving each
   92  vehicle’s steering control and systems command in the control of
   93  the vehicle’s driver.
   94         Section 2. Subsection (2) of section 316.0895, Florida
   95  Statutes, is amended to read:
   96         316.0895 Following too closely.—
   97         (2) It is unlawful for the driver of any motor truck, motor
   98  truck drawing another vehicle, or vehicle towing another vehicle
   99  or trailer, when traveling upon a roadway outside of a business
  100  or residence district, to follow within 300 feet of another
  101  motor truck, motor truck drawing another vehicle, or vehicle
  102  towing another vehicle or trailer. The provisions of This
  103  subsection may shall not be construed to prevent overtaking and
  104  passing, nor does it nor shall the same apply upon any lane
  105  specially designated for use by motor trucks or other slow
  106  moving vehicles. This subsection does not apply to two truck
  107  tractor-semitrailer combinations equipped and connected with
  108  driver-assistive truck platooning technology, as defined in s.
  109  316.003, and operating on a multilane limited access facility,
  110  if:
  111         (a) The owner or operator first submits to the department
  112  an instrument of insurance, a surety bond, or proof of self
  113  insurance acceptable to the department in the amount of $1
  114  million;
  115         (b) The vehicles are equipped with an external indication,
  116  visible to surrounding motorists, that the vehicles are engaged
  117  in truck platooning; and
  118         (c) The vehicles are not required to be placarded pursuant
  119  to 49 C.F.R. parts 171-179.
  120         Section 3. Section 316.126, Florida Statutes, is amended to
  121  read:
  122         316.126 Operation of vehicles and actions of pedestrians on
  123  approach of an authorized emergency, sanitation, or utility
  124  service vehicle, or service patrol vehicle.—
  125         (1)(a) Upon the immediate approach of an authorized
  126  emergency vehicle, while en route to meet an existing emergency,
  127  the driver of every other vehicle shall, when such emergency
  128  vehicle is giving audible signals by siren, exhaust whistle, or
  129  other adequate device, or visible signals by the use of
  130  displayed blue or red lights, yield the right-of-way to the
  131  emergency vehicle and shall immediately proceed to a position
  132  parallel to, and as close as reasonable to the closest edge of
  133  the curb of the roadway, clear of any intersection and shall
  134  stop and remain in position until the authorized emergency
  135  vehicle has passed, unless otherwise directed by a law
  136  enforcement officer.
  137         (b) If an authorized emergency vehicle displaying any
  138  visual signals is parked on the roadside, a sanitation vehicle
  139  is performing a task related to the provision of sanitation
  140  services on the roadside, a utility service vehicle displaying
  141  any visual signals is performing a task related to the provision
  142  of utility services on the roadside, or a wrecker displaying
  143  amber rotating or flashing lights is performing a recovery or
  144  loading on the roadside, or a service patrol vehicle displaying
  145  amber rotating or flashing lights is performing official duties
  146  or services on the roadside, the driver of every other vehicle,
  147  as soon as it is safe:
  148         1. Shall vacate the lane closest to the emergency vehicle,
  149  sanitation vehicle, utility service vehicle, or wrecker, or
  150  service patrol vehicle when driving on an interstate highway or
  151  other highway with two or more lanes traveling in the direction
  152  of the emergency vehicle, sanitation vehicle, utility service
  153  vehicle, or wrecker, or service patrol vehicle except when
  154  otherwise directed by a law enforcement officer. If such
  155  movement cannot be safely accomplished, the driver shall reduce
  156  speed as provided in subparagraph 2.
  157         2. Shall slow to a speed that is 20 miles per hour less
  158  than the posted speed limit when the posted speed limit is 25
  159  miles per hour or greater; or travel at 5 miles per hour when
  160  the posted speed limit is 20 miles per hour or less, when
  161  driving on a two-lane road, except when otherwise directed by a
  162  law enforcement officer.
  163         (c) The Department of Highway Safety and Motor Vehicles
  164  shall provide an educational awareness campaign informing the
  165  motoring public about the Move Over Act. The department shall
  166  provide information about the Move Over Act in all newly printed
  167  driver license educational materials.
  168         (2) Every pedestrian using the road right-of-way shall
  169  yield the right-of-way until the authorized emergency vehicle
  170  has passed, unless otherwise directed by a law enforcement
  171  officer.
  172         (3) An authorized emergency vehicle, when en route to meet
  173  an existing emergency, shall warn all other vehicular traffic
  174  along the emergency route by an audible signal, siren, exhaust
  175  whistle, or other adequate device or by a visible signal by the
  176  use of displayed blue or red lights. While en route to such
  177  emergency, the emergency vehicle shall otherwise proceed in a
  178  manner consistent with the laws regulating vehicular traffic
  179  upon the highways of this state.
  180         (4) This section does not diminish or enlarge any rules of
  181  evidence or liability in any case involving the operation of an
  182  emergency vehicle.
  183         (5) This section does not relieve the driver of an
  184  authorized emergency vehicle from the duty to drive with due
  185  regard for the safety of all persons using the highway.
  186         (6) A violation of this section is a noncriminal traffic
  187  infraction, punishable pursuant to chapter 318 as either a
  188  moving violation for infractions of subsection (1) or subsection
  189  (3), or as a pedestrian violation for infractions of subsection
  190  (2).
  191         Section 4. Subsection (2), paragraph (c) of subsection (4),
  192  paragraph (j) of subsection (6), and subsection (11) of section
  193  316.193, Florida Statutes, are amended, and subsection (15) is
  194  added to that section, to read:
  195         316.193 Driving under the influence; penalties.—
  196         (2)(a) Except as provided in paragraph (b), subsection (3),
  197  or subsection (4), any person who is convicted of a violation of
  198  subsection (1) shall be punished:
  199         1. By a fine of:
  200         a. Not less than $500 or more than $1,000 for a first
  201  conviction.
  202         b. Not less than $1,000 or more than $2,000 for a second
  203  conviction; and
  204         2. By imprisonment for:
  205         a. Not more than 6 months for a first conviction.
  206         b. Not more than 9 months for a second conviction.
  207         3. For a second conviction, by mandatory placement for a
  208  period of at least 1 year, at the convicted person’s sole
  209  expense, of an ignition interlock device approved by the
  210  department in accordance with s. 316.1938 upon all vehicles that
  211  are individually or jointly leased or owned and routinely
  212  operated by the convicted person, when the convicted person
  213  qualifies for a permanent or restricted license. The
  214  installation of such device may not occur before July 1, 2003.
  215  Effective October 1, 2016, the court shall order a qualified
  216  sobriety and drug monitoring program as defined in subsection
  217  (15) and authorized by 23 U.S.C. s. 164 in addition to the
  218  placement of an ignition interlock device required by this
  219  section.
  220         (b)1. Any person who is convicted of a third violation of
  221  this section for an offense that occurs within 10 years after a
  222  prior conviction for a violation of this section commits a
  223  felony of the third degree, punishable as provided in s.
  224  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  225  order the mandatory placement for a period of not less than 2
  226  years, at the convicted person’s sole expense, of an ignition
  227  interlock device approved by the department in accordance with
  228  s. 316.1938 upon all vehicles that are individually or jointly
  229  leased or owned and routinely operated by the convicted person,
  230  when the convicted person qualifies for a permanent or
  231  restricted license. The installation of such device may not
  232  occur before July 1, 2003. Effective October 1, 2016, the court
  233  shall order a qualified sobriety and drug monitoring program as
  234  defined in subsection (15) and authorized by 23 U.S.C. s. 164 in
  235  addition to the placement of an ignition interlock device
  236  required by this section.
  237         2. Any person who is convicted of a third violation of this
  238  section for an offense that occurs more than 10 years after the
  239  date of a prior conviction for a violation of this section shall
  240  be punished by a fine of not less than $2,000 or more than
  241  $5,000 and by imprisonment for not more than 12 months. In
  242  addition, the court shall order the mandatory placement for a
  243  period of at least 2 years, at the convicted person’s sole
  244  expense, of an ignition interlock device approved by the
  245  department in accordance with s. 316.1938 upon all vehicles that
  246  are individually or jointly leased or owned and routinely
  247  operated by the convicted person, when the convicted person
  248  qualifies for a permanent or restricted license. The
  249  installation of such device may not occur before July 1, 2003.
  250  Effective October 1, 2016, the court shall order a qualified
  251  sobriety and drug monitoring program as defined in subsection
  252  (15) and authorized by 23 U.S.C. s. 164 in addition to the
  253  placement of an ignition interlock device required by this
  254  section.
  255         3. Any person who is convicted of a fourth or subsequent
  256  violation of this section, regardless of when any prior
  257  conviction for a violation of this section occurred, commits a
  258  felony of the third degree, punishable as provided in s.
  259  775.082, s. 775.083, or s. 775.084. However, the fine imposed
  260  for such fourth or subsequent violation may be not less than
  261  $2,000.
  262         (c) In addition to the penalties in paragraph (a), the
  263  court may order placement, at the convicted person’s sole
  264  expense, of an ignition interlock device approved by the
  265  department in accordance with s. 316.1938 for at least 6
  266  continuous months upon all vehicles that are individually or
  267  jointly leased or owned and routinely operated by the convicted
  268  person if, at the time of the offense, the person had a blood
  269  alcohol level or breath-alcohol level of .08 or higher.
  270  Effective October 1, 2016, the court shall order a qualified
  271  sobriety and drug monitoring program as defined in subsection
  272  (15) and authorized by 23 U.S.C. s. 164 in addition to the
  273  placement of an ignition interlock device required by this
  274  section.
  275         (4) Any person who is convicted of a violation of
  276  subsection (1) and who has a blood-alcohol level or breath
  277  alcohol level of 0.15 or higher, or any person who is convicted
  278  of a violation of subsection (1) and who at the time of the
  279  offense was accompanied in the vehicle by a person under the age
  280  of 18 years, shall be punished:
  281         (c) In addition to the penalties in paragraphs (a) and (b),
  282  the court shall order the mandatory placement, at the convicted
  283  person’s sole expense, of an ignition interlock device approved
  284  by the department in accordance with s. 316.1938 upon all
  285  vehicles that are individually or jointly leased or owned and
  286  routinely operated by the convicted person for not less than 6
  287  continuous months for the first offense and for not less than 2
  288  continuous years for a second offense, when the convicted person
  289  qualifies for a permanent or restricted license. Effective
  290  October 1, 2016, the court shall order a qualified sobriety and
  291  drug monitoring program as defined in subsection (15) and
  292  authorized by 23 U.S.C. s. 164 in addition to the placement of
  293  an ignition interlock device required by this section.
  294         (6) With respect to any person convicted of a violation of
  295  subsection (1), regardless of any penalty imposed pursuant to
  296  subsection (2), subsection (3), or subsection (4):
  297         (j)1. Notwithstanding the provisions of this section, s.
  298  316.1937, and s. 322.2715 relating to ignition interlock devices
  299  required for second or subsequent offenders, in order to
  300  strengthen the pretrial and posttrial options available to
  301  prosecutors and judges, the court shall may order, if deemed
  302  appropriate, that a person participate in a qualified sobriety
  303  and drug monitoring program, as defined in subsection (15)
  304  subparagraph 2., in addition to the ignition interlock device
  305  requirement. Participation is shall be at the person’s sole
  306  expense.
  307         2. As used in this paragraph, the term “qualified sobriety
  308  and drug monitoring program” means an evidence-based program,
  309  approved by the department, in which participants are regularly
  310  tested for alcohol and drug use. As the court deems appropriate,
  311  the program may monitor alcohol or drugs through one or more of
  312  the following modalities: breath testing twice a day; continuous
  313  transdermal alcohol monitoring in cases of hardship; or random
  314  blood, breath, urine, or oral fluid testing. Testing modalities
  315  that provide the best ability to sanction a violation as close
  316  in time as reasonably feasible to the occurrence of the
  317  violation should be given preference. This paragraph does not
  318  preclude a court from ordering an ignition interlock device as a
  319  testing modality.
  320         3. For purposes of this paragraph, the term “evidence-based
  321  program” means a program that satisfies the requirements of at
  322  least two of the following:
  323         a. The program is included in the federal registry of
  324  evidence-based programs and practices.
  325         b. The program has been reported in a peer-reviewed journal
  326  as having positive effects on the primary targeted outcome.
  327         c. The program has been documented as effective by informed
  328  experts and other sources.
  329  
  330  For the purposes of this section, any conviction for a violation
  331  of s. 327.35; a previous conviction for the violation of former
  332  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  333  previous conviction outside this state for driving under the
  334  influence, driving while intoxicated, driving with an unlawful
  335  blood-alcohol level, driving with an unlawful breath-alcohol
  336  level, or any other similar alcohol-related or drug-related
  337  traffic offense, is also considered a previous conviction for
  338  violation of this section. However, in satisfaction of the fine
  339  imposed pursuant to this section, the court may, upon a finding
  340  that the defendant is financially unable to pay either all or
  341  part of the fine, order that the defendant participate for a
  342  specified additional period of time in public service or a
  343  community work project in lieu of payment of that portion of the
  344  fine which the court determines the defendant is unable to pay.
  345  In determining such additional sentence, the court shall
  346  consider the amount of the unpaid portion of the fine and the
  347  reasonable value of the services to be ordered; however, the
  348  court may not compute the reasonable value of services at a rate
  349  less than the federal minimum wage at the time of sentencing.
  350         (11) The Department of Highway Safety and Motor Vehicles is
  351  directed to adopt rules providing for the implementation of the
  352  use of ignition interlock devices and qualified sobriety and
  353  drug monitoring programs defined in subsection (15).
  354         (15) As used in this chapter and chapter 322, the term
  355  “qualified sobriety and drug monitoring program” means an
  356  evidence-based program, approved by the department, in which
  357  participants are regularly tested for alcohol and drug use. As
  358  the court deems appropriate, the program may monitor alcohol or
  359  drugs through one or more of the following modalities: breath
  360  testing twice a day; continuous transdermal alcohol monitoring
  361  in cases of hardship; or random blood, breath, urine, drug
  362  patch, or oral fluid testing. Testing modalities that detect a
  363  violation as soon after it occurs as is reasonably feasible
  364  should be given preference. Participation is at the person’s
  365  sole expense. The term “evidence-based program” means a program
  366  that satisfies at least two of the following requirements:
  367         (a)The program is included in the federal registry of
  368  evidence-based programs and practices.
  369         (b)The program has been reported in a peer-reviewed
  370  journal as having positive effects on the primary targeted
  371  outcome.
  372         (c)The program has been documented as effective by
  373  informed experts and other sources.
  374         Section 5. Subsection (5) of section 316.235, Florida
  375  Statutes, is amended to read:
  376         316.235 Additional lighting equipment.—
  377         (5) A bus, as defined in s. 316.003(3), may be equipped
  378  with a deceleration lighting system that which cautions
  379  following vehicles that the bus is slowing, is preparing to
  380  stop, or is stopped. Such lighting system shall consist of two
  381  red or amber lights mounted in horizontal alignment on the rear
  382  of the vehicle at or near the vertical centerline of the
  383  vehicle, no greater than 12 inches apart, not higher than the
  384  lower edge of the rear window or, if the vehicle has no rear
  385  window, not higher than 72 inches from the ground. Such lights
  386  shall be visible from a distance of not less than 300 feet to
  387  the rear in normal sunlight. Lights are permitted to light and
  388  flash during deceleration, braking, or standing and idling of
  389  the bus. Vehicular hazard warning flashers may be used in
  390  conjunction with or in lieu of a rear-mounted deceleration
  391  lighting system.
  392         Section 6. Subsections (1) and (3) of section 316.303,
  393  Florida Statutes, are amended to read:
  394         316.303 Television receivers.—
  395         (1) A No motor vehicle may not be operated on the highways
  396  of this state if the vehicle is shall be equipped with
  397  television-type receiving equipment so located that the viewer
  398  or screen is visible from the driver’s seat, unless the vehicle
  399  is equipped with autonomous technology, as defined in s.
  400  316.003, and is being operated in autonomous mode, as provided
  401  in s. 316.85(2).
  402         (3) This section does not prohibit the use of an electronic
  403  display used in conjunction with a vehicle navigation system, or
  404  an electronic display used by an operator of a vehicle equipped
  405  and operating with driver-assistive truck platooning technology,
  406  as defined in s. 316.003.
  407         Section 7. Subsection (4) of section 320.02, Florida
  408  Statutes, is amended to read:
  409         320.02 Registration required; application for registration;
  410  forms.—
  411         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
  412  944.607, and 985.4815, the owner of any motor vehicle registered
  413  in the state shall notify the department in writing of any
  414  change of address within 30 20 days of such change. The
  415  notification shall include the registration license plate
  416  number, the vehicle identification number (VIN) or title
  417  certificate number, year of vehicle make, and the owner’s full
  418  name.
  419         Section 8. Paragraph (a) of subsection (1) of section
  420  320.055, Florida Statutes, is amended to read:
  421         320.055 Registration periods; renewal periods.—The
  422  following registration periods and renewal periods are
  423  established:
  424         (1)(a) For a motor vehicle subject to registration under s.
  425  320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7), (8),
  426  (9), or (10) and owned by a natural person, the registration
  427  period begins the first day of the birth month of the owner and
  428  ends the last day of the month immediately preceding the owner’s
  429  birth month in the succeeding year. If such vehicle is
  430  registered in the name of more than one person, the birth month
  431  of the person whose name first appears on the registration shall
  432  be used to determine the registration period. For a vehicle
  433  subject to this registration period, the renewal period is the
  434  30-day period ending at midnight on the last day of the vehicle
  435  owner’s date of birth month.
  436         Section 9. Paragraph (a) of subsection (3) of section
  437  320.07, Florida Statutes, is amended to read:
  438         320.07 Expiration of registration; renewal required;
  439  penalties.—
  440         (3) The operation of any motor vehicle without having
  441  attached thereto a registration license plate and validation
  442  stickers, or the use of any mobile home without having attached
  443  thereto a mobile home sticker, for the current registration
  444  period shall subject the owner thereof, if he or she is present,
  445  or, if the owner is not present, the operator thereof to the
  446  following penalty provisions:
  447         (a) Any person whose motor vehicle or mobile home
  448  registration has been expired for a period of 6 months or less
  449  commits a noncriminal traffic infraction, punishable as a
  450  nonmoving violation as provided in chapter 318. However, a law
  451  enforcement officer may not issue a citation for a violation
  452  under this paragraph until midnight on the last day of the
  453  owner’s birth month of the year the registration expires.
  454         Section 10. Subsection (9) of section 322.051, Florida
  455  Statutes, is amended to read:
  456         322.051 Identification cards.—
  457         (9) Notwithstanding any other provision of this section or
  458  s. 322.21 to the contrary, the department shall issue or renew a
  459  card at no charge to a person who presents evidence satisfactory
  460  to the department that he or she is homeless as defined in s.
  461  414.0252(7), to a juvenile offender who is in the custody or
  462  under the supervision of the Department of Juvenile Justice and
  463  receiving services pursuant to s. 985.461, to an inmate
  464  receiving a card issued pursuant to s. 944.605(7), or, if
  465  necessary, to an inmate receiving a replacement card if the
  466  department determines that he or she has a valid state
  467  identification card. If the replacement state identification
  468  card is scheduled to expire within 6 months, the department may
  469  also issue a temporary permit valid for at least 6 months after
  470  the release date. The department’s mobile issuing units shall
  471  process the identification cards for juvenile offenders and
  472  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
  473         Section 11. Subsections (1) and (2) of section 322.19,
  474  Florida Statutes, are amended to read:
  475         322.19 Change of address or name.—
  476         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
  477  944.607, and 985.4815, whenever any person, after applying for
  478  or receiving a driver license or identification card, changes
  479  his or her legal name, that person must within 30 10 days
  480  thereafter obtain a replacement license or card that reflects
  481  the change.
  482         (2) If a Whenever any person, after applying for or
  483  receiving a driver license or identification card, changes the
  484  legal residence or mailing address in the application, or
  485  license, or card, the person must, within 30 10 calendar days
  486  after making the change, obtain a replacement license or card
  487  that reflects the change. A written request to the department
  488  must include the old and new addresses and the driver license or
  489  identification card number. Any person who has a valid, current
  490  student identification card issued by an educational institution
  491  in this state is presumed not to have changed his or her legal
  492  residence or mailing address. This subsection does not affect
  493  any person required to register a permanent or temporary address
  494  change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
  495  943.0435.
  496         Section 12. Paragraph (f) of subsection (1) of section
  497  322.21, Florida Statutes, is amended to read:
  498         322.21 License fees; procedure for handling and collecting
  499  fees.—
  500         (1) Except as otherwise provided herein, the fee for:
  501         (f) An original, renewal, or replacement identification
  502  card issued pursuant to s. 322.051 is $25, except that an
  503  applicant who presents evidence satisfactory to the department
  504  that he or she is homeless as defined in s. 414.0252(7); or his
  505  or her annual income is at or below 100 percent of the federal
  506  poverty level; or he or she is a juvenile offender who is in the
  507  custody or under the supervision of the Department of Juvenile
  508  Justice, is receiving services pursuant to s. 985.461, and whose
  509  identification card is issued by the department’s mobile issuing
  510  units is exempt from such fee. Funds collected from fees for
  511  original, renewal, or replacement identification cards shall be
  512  distributed as follows:
  513         1. For an original identification card issued pursuant to
  514  s. 322.051, the fee shall be deposited into the General Revenue
  515  Fund.
  516         2. For a renewal identification card issued pursuant to s.
  517  322.051, $6 shall be deposited into the Highway Safety Operating
  518  Trust Fund, and $19 shall be deposited into the General Revenue
  519  Fund.
  520         3. For a replacement identification card issued pursuant to
  521  s. 322.051, $9 shall be deposited into the Highway Safety
  522  Operating Trust Fund, and $16 shall be deposited into the
  523  General Revenue Fund. Beginning July 1, 2015, or upon completion
  524  of the transition of the driver license issuance services, if
  525  the replacement identification card is issued by the tax
  526  collector, the tax collector shall retain the $9 that would
  527  otherwise be deposited into the Highway Safety Operating Trust
  528  Fund and the remaining revenues shall be deposited into the
  529  General Revenue Fund.
  530         Section 13. Subsection (3) of section 322.221, Florida
  531  Statutes, is amended to read:
  532         322.221 Department may require reexamination.—
  533         (3)(a) Upon the conclusion of such examination or
  534  reexamination the department shall take action as may be
  535  appropriate and may suspend or revoke the license of such person
  536  or permit him or her to retain such license, or may issue a
  537  license subject to restrictions as permitted under s. 322.16.
  538  Refusal or neglect of the licensee to submit to such examination
  539  or reexamination shall be ground for suspension or revocation of
  540  his or her license.
  541         (b) If the department suspends or revokes the license of a
  542  person due to his or her physical or mental condition, the
  543  department shall issue an identification card to the person at
  544  the time of the license suspension or revocation. The department
  545  may not charge fees for the issuance of the identification card.
  546         Section 14. Paragraph (e) of subsection (2) of section
  547  322.271, Florida Statutes, is amended to read:
  548         322.271 Authority to modify revocation, cancellation, or
  549  suspension order.—
  550         (2) At such hearing, the person whose license has been
  551  suspended, canceled, or revoked may show that such suspension,
  552  cancellation, or revocation causes a serious hardship and
  553  precludes the person from carrying out his or her normal
  554  business occupation, trade, or employment and that the use of
  555  the person’s license in the normal course of his or her business
  556  is necessary to the proper support of the person or his or her
  557  family.
  558         (e) The department, based upon review of the licensee’s
  559  application for reinstatement, may require use of an ignition
  560  interlock device pursuant to s. 322.2715. Effective October 1,
  561  2016, a qualified sobriety and drug monitoring program as
  562  defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
  563  shall be ordered by the court in addition to the placement of
  564  the ignition interlock device.
  565         Section 15. Subsections (1), (3), and (4) of section
  566  322.2715, Florida Statutes, are amended to read:
  567         322.2715 Ignition interlock device.—
  568         (1) Before issuing a permanent or restricted driver license
  569  under this chapter, the department shall require the placement
  570  of a department-approved ignition interlock device for any
  571  person convicted of committing an offense of driving under the
  572  influence as specified in subsection (3), except that
  573  consideration may be given to those individuals having a
  574  documented medical condition that would prohibit the device from
  575  functioning normally. If a medical waiver has been granted for a
  576  convicted person seeking a restricted license, the convicted
  577  person shall not be entitled to a restricted license until the
  578  required ignition interlock device installation period under
  579  subsection (3) expires, in addition to the time requirements
  580  under s. 322.271. If a medical waiver has been approved for a
  581  convicted person seeking permanent reinstatement of the driver
  582  license, the convicted person must be restricted to an
  583  employment-purposes-only license and be supervised by a licensed
  584  DUI program until the required ignition interlock device
  585  installation period under subsection (3) expires. An interlock
  586  device shall be placed on all vehicles that are individually or
  587  jointly leased or owned and routinely operated by the convicted
  588  person. Effective October 1, 2016, a qualified sobriety and drug
  589  monitoring program as defined in s. 316.193(15) and authorized
  590  by 23 U.S.C. s. 164 shall be used by the department in addition
  591  to the placement of an ignition interlock device required by
  592  this section.
  593         (3) If the person is convicted of:
  594         (a) A first offense of driving under the influence under s.
  595  316.193 and has an unlawful blood-alcohol level or breath
  596  alcohol level as specified in s. 316.193(1), the ignition
  597  interlock device may be installed for at least 6 continuous
  598  months.
  599         (b) A first offense of driving under the influence under s.
  600  316.193 and has an unlawful blood-alcohol level or breath
  601  alcohol level as specified in s. 316.193(4), or if a person is
  602  convicted of a violation of s. 316.193 and was at the time of
  603  the offense accompanied in the vehicle by a person younger than
  604  18 years of age, the person shall have the ignition interlock
  605  device installed for at least 6 continuous months for the first
  606  offense and for at least 2 continuous years for a second
  607  offense.
  608         (c) A second offense of driving under the influence, the
  609  ignition interlock device shall be installed for a period of at
  610  least 1 continuous year.
  611         (d) A third offense of driving under the influence which
  612  occurs within 10 years after a prior conviction for a violation
  613  of s. 316.193, the ignition interlock device shall be installed
  614  for a period of at least 2 continuous years.
  615         (e) A third offense of driving under the influence which
  616  occurs more than 10 years after the date of a prior conviction,
  617  the ignition interlock device shall be installed for a period of
  618  at least 2 continuous years.
  619         (f) A fourth or subsequent offense of driving under the
  620  influence, the ignition interlock device shall be installed for
  621  a period of at least 5 years.
  622  
  623  Effective October 1, 2016, for the offenses specified in this
  624  subsection, a qualified sobriety and drug monitoring program as
  625  defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
  626  shall be used by the department in addition to the placement of
  627  an ignition interlock device required by this section.
  628         (4) If the court fails to order the mandatory placement of
  629  the ignition interlock device or fails to order for the
  630  applicable period the mandatory placement of an ignition
  631  interlock device under s. 316.193 or s. 316.1937 at the time of
  632  imposing sentence or within 30 days thereafter, the department
  633  shall immediately require that the ignition interlock device be
  634  installed as provided in this section, except that consideration
  635  may be given to those individuals having a documented medical
  636  condition that would prohibit the device from functioning
  637  normally. Effective October 1, 2016, a qualified sobriety and
  638  drug monitoring program as defined in s. 316.193(15) and
  639  authorized by 23 U.S.C. s. 164 shall be used by the department
  640  in addition to the placement of an ignition interlock device
  641  required by this section. This subsection applies to the
  642  reinstatement of the driving privilege following a revocation,
  643  suspension, or cancellation that is based upon a conviction for
  644  the offense of driving under the influence which occurs on or
  645  after July 1, 2005.
  646         Section 16. This act shall take effect October 1, 2016.