Florida Senate - 2017                                     SB 784
       
       
        
       By Senator Gainer
       
       2-00853-17                                             2017784__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.302, F.S.;
    4         revising provisions relating to federal regulations to
    5         which owners and drivers of commercial motor vehicles
    6         are subject; terminating the maximum amount of a civil
    7         penalty for falsification of information on certain
    8         time records; deleting the requirement that a motor
    9         carrier must maintain documentation of a driver’s
   10         driving times throughout a duty period if the driver
   11         is not released from duty within a specified period;
   12         providing an exemption for a person who operates a
   13         commercial motor vehicle having a declared gross
   14         vehicle weight, gross vehicle weight rating, or gross
   15         combined weight rating of less than a specified amount
   16         under certain circumstances; amending s. 316.3025,
   17         F.S.; conforming provisions to changes made by the
   18         act; amending s. 320.01, F.S.; revising the definition
   19         of the term “apportionable vehicle”; amending s.
   20         320.06, F.S.; providing for future repeal of issuance
   21         of a certain annual license plate and cab card to a
   22         vehicle that has an apportioned registration;
   23         providing requirements, beginning on a specified date,
   24         for license plates, cab cards, and validation stickers
   25         for vehicles registered in accordance with the
   26         International Registration Plan; allowing a worn or
   27         damaged license plate to be replaced at no charge
   28         under certain circumstances; amending s. 320.0607,
   29         F.S.; providing an exemption, beginning on a specified
   30         date, of a certain fee for vehicles registered under
   31         the International Registration Plan; amending s.
   32         320.133, F.S.; defining the term “transporter license
   33         plate eligible business”; providing that a person is
   34         not eligible to purchase or renew a transporter
   35         license plate unless he or she provides certain proof
   36         that his or her business is a transporter license
   37         plate eligible business; providing application and
   38         insurance requirements for qualification as a
   39         transporter license plate eligible business;
   40         authorizing the department to issue a transporter
   41         license plate to an applicant who is not a licensed
   42         dealer and is qualified as a transporter license plate
   43         eligible business upon certain requirements being met;
   44         providing that a transporter license plate is only
   45         valid for use on an unregistered motor vehicle in the
   46         possession of the transporter, subject to certain
   47         requirements; providing a criminal penalty for a
   48         person who sells or unlawfully possesses, distributes,
   49         or brokers a transporter license plate to be attached
   50         to any vehicle; providing that transporter license
   51         plates are subject to cancellation by the department;
   52         providing a criminal penalty and disqualification from
   53         transporter license plate usage for a person who
   54         knowingly and willfully sells or unlawfully possesses,
   55         distributes, or brokers a transporter license plate to
   56         avoid registering a vehicle requiring registration,
   57         subject to certain requirements; providing
   58         recordkeeping requirements for a transporter license
   59         plate eligible business; providing a criminal penalty,
   60         cancellation of transporter license plates, and
   61         disqualification from future issuance of the plates
   62         for a violation of such recordkeeping requirements;
   63         requiring a transporter license plate issued under
   64         this section to be accompanied by registration and
   65         proof of insurance when attached to a motor vehicle;
   66         providing a criminal penalty and removal of the
   67         license plate for a person who fails to provide such
   68         documentation; providing an exemption to persons who
   69         contract with dealers and auctions to transport motor
   70         vehicles; conforming provisions to changes made by the
   71         act; providing that an initial registration or renewal
   72         issued under this section is valid for a specified
   73         period; requiring a license plate attached to a motor
   74         vehicle in violation of specified provision to be
   75         removed by law enforcement and surrendered to the
   76         department by the law enforcement agency for
   77         cancellation; amending s. 321.25, F.S.; providing for
   78         reimbursement to the department of tuition and other
   79         course expenses for certain training under certain
   80         circumstances; defining the term “other course
   81         expenses”; authorizing the department to institute a
   82         civil action under certain circumstances; authorizing
   83         the department to waive a person’s requirement of
   84         reimbursement when the person terminates employment
   85         due to hardship or extenuating circumstances; amending
   86         s. 322.091, F.S.; requiring the department to make
   87         available, upon request, a report to each school
   88         district of certain information of each student whose
   89         driving privileges have been suspended under this
   90         section; amending s. 322.12, F.S.; requiring the tax
   91         collector to retain specified fees if a subsequent
   92         knowledge or skills test is administered by the tax
   93         collector; amending s. 322.17, F.S.; providing for
   94         replacement of a stolen identification card at no
   95         charge, subject to certain requirements; amending s.
   96         322.21, F.S.; deleting obsolete provisions; deleting a
   97         fee for certain specialty driver licenses or
   98         identification cards; providing disposition of
   99         specified fees for reinstatement of a driver license
  100         following a suspension, revocation, or
  101         disqualification when the reinstatement is processed
  102         by the department or the tax collector; requiring an
  103         applicant who submits an application for a renewal or
  104         replacement driver license or identification card to
  105         the department using a convenience service to be
  106         provided with an option for expedited shipping,
  107         subject to certain requirements; requiring a fee to be
  108         charged for the expedited shipping option, subject to
  109         certain requirements; providing for disposition of
  110         such fee; amending s. 322.61, F.S.; adding violations
  111         for texting or using a handheld mobile telephone while
  112         driving a commercial motor vehicle pursuant to
  113         specified provisions which result in disqualification
  114         from operating a commercial motor vehicle for a
  115         specified period under certain circumstances;
  116         providing an effective date.
  117          
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Subsection (1) and paragraphs (a), (c), (d), and
  121  (f) of subsection (2) of section 316.302, Florida Statutes, are
  122  amended to read:
  123         316.302 Commercial motor vehicles; safety regulations;
  124  transporters and shippers of hazardous materials; enforcement.—
  125         (1) Except as otherwise provided in subsection (3):
  126         (a) All owners and drivers of commercial motor vehicles
  127  that are operated on the public highways of this state while
  128  engaged in interstate commerce are subject to the rules and
  129  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  130         (b) Except as otherwise provided in this section, all
  131  owners or drivers of commercial motor vehicles that are engaged
  132  in intrastate commerce are subject to the rules and regulations
  133  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  134  the exception of 49 C.F.R. s. 390.5 as it relates to the
  135  definition of bus, as such rules and regulations existed on
  136  December 31, 2016 2012.
  137         (c) The emergency exceptions provided by 49 C.F.R. s.
  138  392.82 also apply to communications by utility drivers and
  139  utility contractor drivers during a Level 1 activation of the
  140  State Emergency Operations Center, as provided in the Florida
  141  Comprehensive Emergency Management plan, or during a state of
  142  emergency declared by executive order or proclamation of the
  143  Governor.
  144         (d) Except as provided in s. 316.215(5), and except as
  145  provided in s. 316.228 for rear overhang lighting and flagging
  146  requirements for intrastate operations, the requirements of this
  147  section supersede all other safety requirements of this chapter
  148  for commercial motor vehicles.
  149         (2)(a) A person who operates a commercial motor vehicle
  150  solely in intrastate commerce not transporting any hazardous
  151  material in amounts that require placarding pursuant to 49
  152  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  153  and 395.3 395.3(a) and (b).
  154         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  155  operates a commercial motor vehicle solely in intrastate
  156  commerce not transporting any hazardous material in amounts that
  157  require placarding pursuant to 49 C.F.R. part 172 may not drive
  158  after having been on duty more than 70 hours in any period of 7
  159  consecutive days or more than 80 hours in any period of 8
  160  consecutive days if the motor carrier operates every day of the
  161  week. Thirty-four consecutive hours off duty shall constitute
  162  the end of any such period of 7 or 8 consecutive days. This
  163  weekly limit does not apply to a person who operates a
  164  commercial motor vehicle solely within this state while
  165  transporting, during harvest periods, any unprocessed
  166  agricultural products or unprocessed food or fiber that is
  167  subject to seasonal harvesting from place of harvest to the
  168  first place of processing or storage or from place of harvest
  169  directly to market or while transporting livestock, livestock
  170  feed, or farm supplies directly related to growing or harvesting
  171  agricultural products. Upon request of the Department of Highway
  172  Safety and Motor Vehicles, motor carriers shall furnish time
  173  records or other written verification to that department so that
  174  the Department of Highway Safety and Motor Vehicles can
  175  determine compliance with this subsection. These time records
  176  must be furnished to the Department of Highway Safety and Motor
  177  Vehicles within 2 days after receipt of that department’s
  178  request. Falsification of such information is subject to a civil
  179  penalty not to exceed $100. The provisions of This paragraph
  180  does do not apply to operators of farm labor vehicles operated
  181  during a state of emergency declared by the Governor or operated
  182  pursuant to s. 570.07(21), and does do not apply to drivers of
  183  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  184         (d) A person who operates a commercial motor vehicle solely
  185  in intrastate commerce not transporting any hazardous material
  186  in amounts that require placarding pursuant to 49 C.F.R. part
  187  172 within a 150 air-mile radius of the location where the
  188  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  189  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii),
  190  395.1(e)(1)(iii) and (v) are met. If a driver is not released
  191  from duty within 12 hours after the driver arrives for duty, the
  192  motor carrier must maintain documentation of the driver’s
  193  driving times throughout the duty period.
  194         (f) A person who operates a commercial motor vehicle having
  195  a declared gross vehicle weight, gross vehicle weight rating, or
  196  gross combined weight rating of less than 26,001 pounds solely
  197  in intrastate commerce and who is not transporting hazardous
  198  materials in amounts that require placarding pursuant to 49
  199  C.F.R. part 172, or who is transporting petroleum products as
  200  defined in s. 376.301, is exempt from subsection (1). However,
  201  such person must comply with 49 C.F.R. parts 382, 392, and 393,
  202  and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  203         Section 2. Paragraph (a) of subsection (6) of section
  204  316.3025, Florida Statutes, is amended to read:
  205         316.3025 Penalties.—
  206         (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
  207  prohibits texting while operating a commercial motor vehicle, or
  208  49 C.F.R. s. 392.82, which prohibits using a handheld mobile
  209  telephone while operating a commercial motor vehicle, may be
  210  assessed a civil penalty and commercial driver license
  211  disqualification as follows:
  212         1. First violation: $500.
  213         2. Second violation: $1,000 and a 60-day commercial driver
  214  license disqualification pursuant to 49 C.F.R. part 383.
  215         3. Third and subsequent violations: $2,750 and a 120-day
  216  commercial driver license disqualification pursuant to 49 C.F.R.
  217  part 383.
  218         Section 3. Subsection (24) of section 320.01, Florida
  219  Statutes, is amended to read:
  220         320.01 Definitions, general.—As used in the Florida
  221  Statutes, except as otherwise provided, the term:
  222         (24) “Apportionable vehicle” means any vehicle, except
  223  recreational vehicles, vehicles displaying restricted plates,
  224  city pickup and delivery vehicles, buses used in transportation
  225  of chartered parties, and government-owned vehicles, which is
  226  used or intended for use in two or more member jurisdictions
  227  that allocate or proportionally register vehicles and which is
  228  used for the transportation of persons for hire or is designed,
  229  used, or maintained primarily for the transportation of property
  230  and:
  231         (a) Is a power unit having a gross vehicle weight in excess
  232  of 26,000 pounds;
  233         (b) Is a power unit having three or more axles, regardless
  234  of weight; or
  235         (c) Is used in combination, when the weight of such
  236  combination exceeds 26,000 pounds gross vehicle weight.
  237  
  238  Vehicles, or combinations thereof, having a gross vehicle weight
  239  of 26,000 pounds or less and two-axle vehicles may be
  240  proportionally registered.
  241         Section 4. Paragraph (b) of subsection (1) of section
  242  320.06, Florida Statutes, is amended to read:
  243         320.06 Registration certificates, license plates, and
  244  validation stickers generally.—
  245         (1)
  246         (b)1. Registration license plates bearing a graphic symbol
  247  and the alphanumeric system of identification shall be issued
  248  for a 10-year period. At the end of the 10-year period, upon
  249  renewal, the plate shall be replaced. The department shall
  250  extend the scheduled license plate replacement date from a 6
  251  year period to a 10-year period. The fee for such replacement is
  252  $28, $2.80 of which shall be paid each year before the plate is
  253  replaced, to be credited toward the next $28 replacement fee.
  254  The fees shall be deposited into the Highway Safety Operating
  255  Trust Fund. A credit or refund may not be given for any prior
  256  years’ payments of the prorated replacement fee if the plate is
  257  replaced or surrendered before the end of the 10-year period,
  258  except that a credit may be given if a registrant is required by
  259  the department to replace a license plate under s.
  260  320.08056(8)(a). With each license plate, a validation sticker
  261  shall be issued showing the owner’s birth month, license plate
  262  number, and the year of expiration or the appropriate renewal
  263  period if the owner is not a natural person. The validation
  264  sticker shall be placed on the upper right corner of the license
  265  plate. The license plate and validation sticker shall be issued
  266  based on the applicant’s appropriate renewal period. The
  267  registration period is 12 months, the extended registration
  268  period is 24 months, and all expirations occur based on the
  269  applicant’s appropriate registration period.
  270         2. A vehicle that has an apportioned registration shall be
  271  issued an annual license plate and a cab card that denote the
  272  declared gross vehicle weight for each apportioned jurisdiction
  273  in which the vehicle is authorized to operate. This subparagraph
  274  expires October 1, 2018.
  275         3. Beginning October 1, 2018, a vehicle registered in
  276  accordance with the International Registration Plan which has an
  277  apportioned registration shall be issued a license plate for a
  278  5-year period, an annual cab card denoting the declared gross
  279  vehicle weight, and an annual validation sticker showing the
  280  month and year of expiration. The validation sticker shall be
  281  placed in the center of the license plate. The license plate and
  282  validation sticker shall be issued based on the applicant’s
  283  appropriate renewal period. The registration period is 12
  284  months. The fee for an original and a renewed cab card is $28.
  285  This fee shall be deposited into the Highway Safety Operating
  286  Trust Fund. If the license plate is damaged or worn, it may be
  287  replaced at no charge by applying to the department and
  288  surrendering the current license plate.
  289         4.2. In order to retain the efficient administration of the
  290  taxes and fees imposed by this chapter, the 80-cent fee increase
  291  in the replacement fee imposed by chapter 2009-71, Laws of
  292  Florida, is negated as provided in s. 320.0804.
  293         Section 5. Subsection (5) of section 320.0607, Florida
  294  Statutes, is amended to read:
  295         320.0607 Replacement license plates, validation decal, or
  296  mobile home sticker.—
  297         (5) Upon the issuance of an original license plate, the
  298  applicant shall pay a fee of $28 to be deposited in the Highway
  299  Safety Operating Trust Fund. Beginning October 1, 2018, this
  300  subsection does not apply to a vehicle registered under the
  301  International Registration Plan.
  302         Section 6. Section 320.133, Florida Statutes, is amended to
  303  read:
  304         320.133 Transporter license plates.—
  305         (1) As used in this section, the term “transporter license
  306  plate eligible business” means a business engaged in the limited
  307  operation of an unregistered motor vehicle or a repossessor who
  308  contracts with lending institutions to repossess or recover
  309  motor vehicles or mobile homes.
  310         (2) A person is not eligible to purchase or renew a
  311  transporter license plate unless he or she provides proof
  312  satisfactory to the department that his or her business is a
  313  transporter license plate eligible business.
  314         (3) The application for qualification as a transporter
  315  license plate eligible business must be in such form as is
  316  prescribed by the department and must contain the legal name of
  317  the person or persons applying for the license plate, the name
  318  of the business, and the principal or principals of the
  319  business. The application must describe the exact physical
  320  location of the place of business within the state. This
  321  location must be available at all reasonable hours for
  322  transporter license plate records inspection by the department
  323  or any law enforcement agency. The application must contain
  324  proof of a garage liability insurance policy or a business
  325  automobile policy in the amount of at least $100,000, and the
  326  certificate of insurance must indicate the number of transporter
  327  license plates reported to the insurance company. Such coverage
  328  shall be maintained for the entire registration period. Upon
  329  seeking initial qualification, the applicant must provide
  330  documentation proving that the business is registered with the
  331  Division of Corporations of the Department of State to conduct
  332  business in the state. The business must indicate how it meets
  333  the qualification as a transporter license plate eligible
  334  business by describing in detail the business processes that
  335  require the use of a transporter license plate.
  336         (4)(a)(1) The department may is authorized to issue a
  337  transporter license plate to an any applicant who is not a
  338  licensed dealer and is qualified as a transporter license plate
  339  eligible business, incidental to the conduct of his or her
  340  business, engages in the transporting of motor vehicles which
  341  are not currently registered to any owner and which do not have
  342  license plates, upon payment of the license tax imposed by s.
  343  320.08(15) for each transporter such license plate and upon
  344  proof of liability insurance as described in subsection (3)
  345  coverage in the amount of $100,000 or more. The proof of
  346  insurance must indicate the number of transporter license plates
  347  reported to the insurance company, which shall be the maximum
  348  number of transporter license plates issued to the applicant.
  349  Such A transporter license plate is only valid for use on an
  350  unregistered any motor vehicle in the possession of the
  351  transporter while the motor vehicle is being transported in the
  352  course of the transporter’s business and must not be attached to
  353  any vehicle owned by the transporter or his or her business for
  354  which registration would otherwise be required. A person who
  355  sells or unlawfully possesses, distributes, or brokers a
  356  transporter license plate to be attached to any vehicle commits
  357  a misdemeanor of the second degree, punishable as provided in s.
  358  775.082 or s. 775.083. Any and all transporter license plates
  359  issued are subject to cancellation by the department.
  360         (b) A person who knowingly and willfully sells or
  361  unlawfully possesses, distributes, or brokers a transporter
  362  license plate to avoid registering a vehicle requiring
  363  registration pursuant to this chapter or chapter 319 commits a
  364  misdemeanor of the first degree, punishable as provided in s.
  365  775.082 or s. 775.083, and is disqualified from transporter
  366  license plate usage. All transporter license plates issued to
  367  the person’s business shall be canceled and must be returned to
  368  the department immediately upon disqualification. The
  369  transporter license plate is subject to removal as provided in
  370  subsection (9), and any and all transporter plates issued are
  371  subject to cancellation by the department.
  372         (5) A transporter license plate eligible business issued a
  373  transporter license plate must maintain for 2 years, at its
  374  location, records of each use of each transporter license plate
  375  and evidence that the plate was used as required by this
  376  chapter. Such records must be open to inspection by the
  377  department or its agents or any law enforcement officer during
  378  reasonable business hours. A person who fails to maintain true
  379  and accurate records of any transporter license plate usage or
  380  comply with this subsection commits a misdemeanor of the second
  381  degree, punishable as provided in s. 775.082 or s. 775.083, may
  382  be subject to cancellation of any and all transporter license
  383  plates issued, and is automatically disqualified from future
  384  transporter license plate issuance.
  385         (6) When attached to a motor vehicle, a transporter license
  386  plate issued under this section must be accompanied by the
  387  registration issued for the license plate by the department and
  388  proof of insurance as described in subsection (3). A person who
  389  operates a motor vehicle with a transporter license plate
  390  attached who fails to provide the documentation listed in this
  391  subsection commits a misdemeanor of the second degree,
  392  punishable as provided in s. 775.082 or s. 775.083, and the
  393  license plate is subject to removal as provided in subsection
  394  (9). This subsection does not apply to a person who contracts
  395  with dealers and auctions to transport motor vehicles.
  396         (7)(2) A license plate issued pursuant to subsection (4)
  397  (1) must be in a distinctive color approved by the department,
  398  and the word “transporter” must appear on the face of the
  399  license plate in place of the county name.
  400         (8)(3)An initial registration or renewal A license plate
  401  issued under this section is valid for a period of 12 months,
  402  beginning January 1 and ending December 31. A No refund of the
  403  license tax imposed may not be provided for any unexpired
  404  portion of a license period.
  405         (9) A license plate attached to a motor vehicle in
  406  violation of subsection (4) or subsection (6) must be
  407  immediately removed by law enforcement from the motor vehicle to
  408  which it was attached and surrendered to the department by the
  409  law enforcement agency for cancellation.
  410         Section 7. Section 321.25, Florida Statutes, is amended to
  411  read:
  412         321.25 Training provided at patrol schools; reimbursement
  413  of tuition and other course expenses.—
  414         (1) The Department of Highway Safety and Motor Vehicles may
  415  is authorized to provide for the training of law enforcement
  416  officials and individuals in matters relating to the duties,
  417  functions, and powers of the Florida Highway Patrol in the
  418  schools established by the department for the training of
  419  highway patrol candidates and officers. The Department of
  420  Highway Safety and Motor Vehicles may is authorized to charge a
  421  fee for providing the training authorized by this section. The
  422  fee shall be charged to persons attending the training. The fee
  423  shall be based on the Department of Highway Safety and Motor
  424  Vehicles’ costs for providing the training, and such costs may
  425  include, but are not limited to, tuition, lodging, and meals.
  426  Revenues from the fees shall be used to offset the Department of
  427  Highway Safety and Motor Vehicles’ costs for providing the
  428  training. The cost of training local enforcement officers shall
  429  be paid for by their respective offices, counties, or
  430  municipalities, as the case may be. Such cost shall be deemed a
  431  proper county or municipal expense or a proper expenditure of
  432  the office of sheriff.
  433         (2) Notwithstanding s. 943.16, a person who attends
  434  training under subsection (1) at the expense of the Department
  435  of Highway Safety and Motor Vehicles must remain in the
  436  employment or appointment of the Florida Highway Patrol for at
  437  least 3 years. Once employed, if the person fails to remain
  438  employed by the Florida Highway Patrol for at least 3 years from
  439  the first date of employment, the person must pay the cost of
  440  tuition and other course expenses to the Department of Highway
  441  Safety and Motor Vehicles. For purposes of this section, the
  442  term “other course expenses” may include the cost of meals and
  443  lodging.
  444         (3) The Department of Highway Safety and Motor Vehicles may
  445  institute a civil action to collect the cost of tuition and
  446  other course expenses if it is not reimbursed pursuant to
  447  subsection (2), provided that the Florida Highway Patrol gave
  448  written notification to the person of the 3-year employment
  449  commitment during the employment screening process and the
  450  person returned signed acknowledgment of receipt of such
  451  notification.
  452         (4) Notwithstanding any other provision of this section,
  453  the Department of Highway Safety and Motor Vehicles may waive a
  454  person’s requirement of reimbursement in part or in full when
  455  the person terminates employment due to hardship or extenuating
  456  circumstances.
  457         Section 8. Subsection (5) of section 322.091, Florida
  458  Statutes, is amended to read:
  459         322.091 Attendance requirements.—
  460         (5) REPORTING AND ACCOUNTABILITY.—The department shall make
  461  available, upon request, a report quarterly to each school
  462  district of the legal name, sex, date of birth, and social
  463  security number of each student whose driving privileges have
  464  been suspended under this section.
  465         Section 9. Subsection (1) of section 322.12, Florida
  466  Statutes, is amended to read:
  467         322.12 Examination of applicants.—
  468         (1) It is the intent of the Legislature that every
  469  applicant for an original driver license in this state be
  470  required to pass an examination pursuant to this section.
  471  However, the department may waive the knowledge, endorsement,
  472  and skills tests for an applicant who is otherwise qualified and
  473  who surrenders a valid driver license from another state or a
  474  province of Canada, or a valid driver license issued by the
  475  United States Armed Forces, if the driver applies for a Florida
  476  license of an equal or lesser classification. An Any applicant
  477  who fails to pass the initial knowledge test incurs a $10 fee
  478  for each subsequent test, to be deposited into the Highway
  479  Safety Operating Trust Fund, except that if a subsequent test is
  480  administered by the tax collector, the tax collector shall
  481  retain such $10 fee. An Any applicant who fails to pass the
  482  initial skills test incurs a $20 fee for each subsequent test,
  483  to be deposited into the Highway Safety Operating Trust Fund,
  484  except that if a subsequent test is administered by the tax
  485  collector, the tax collector shall retain such $20 fee. A person
  486  who seeks to retain a hazardous-materials endorsement, pursuant
  487  to s. 322.57(1)(e), must pass the hazardous-materials test, upon
  488  surrendering his or her commercial driver license, if the person
  489  has not taken and passed the hazardous-materials test within 2
  490  years before applying for a commercial driver license in this
  491  state.
  492         Section 10. Paragraph (b) of subsection (1) of section
  493  322.17, Florida Statutes, is amended to read:
  494         322.17 Replacement licenses, identification cards, and
  495  permits.—
  496         (1) 
  497         (b) In the event that an instruction permit, or driver
  498  license, or identification card issued under the provisions of
  499  this chapter is stolen, the person to whom the same was issued
  500  may, at no charge, obtain a replacement upon furnishing proof
  501  satisfactory to the department that such permit, or license, or
  502  identification card was stolen and further furnishing the
  503  person’s full name, date of birth, sex, residence and mailing
  504  address, proof of birth satisfactory to the department, and
  505  proof of identity satisfactory to the department.
  506         Section 11. Paragraphs (e) and (i) of subsection (1) and
  507  subsection (8) of section 322.21, Florida Statutes, are amended,
  508  and subsection (10) is added to that section, to read:
  509         322.21 License fees; procedure for handling and collecting
  510  fees.—
  511         (1) Except as otherwise provided herein, the fee for:
  512         (e) A replacement driver license issued pursuant to s.
  513  322.17 is $25. Of this amount, $7 shall be deposited into the
  514  Highway Safety Operating Trust Fund and $18 shall be deposited
  515  into the General Revenue Fund. Beginning July 1, 2015, or upon
  516  completion of the transition of driver license issuance
  517  services, If the replacement driver license is issued by the tax
  518  collector, the tax collector shall retain the $7 that would
  519  otherwise be deposited into the Highway Safety Operating Trust
  520  Fund and the remaining revenues shall be deposited into the
  521  General Revenue Fund.
  522         (i) The specialty driver license or identification card
  523  issued pursuant to s. 322.1415 is $25, which is in addition to
  524  other fees required in this section. The fee shall be
  525  distributed as follows:
  526         1. Fifty percent shall be distributed as provided in s.
  527  320.08058 to the appropriate state or independent university,
  528  professional sports team, or branch of the United States Armed
  529  Forces.
  530         2. Fifty percent shall be distributed to the department for
  531  costs directly related to the specialty driver license and
  532  identification card program and to defray the costs associated
  533  with production enhancements and distribution.
  534         (8) A Any person who applies for reinstatement following
  535  the suspension or revocation of the person’s driver license must
  536  pay a service fee of $45 following a suspension, and $75
  537  following a revocation, which is in addition to the fee for a
  538  license. A Any person who applies for reinstatement of a
  539  commercial driver license following the disqualification of the
  540  person’s privilege to operate a commercial motor vehicle shall
  541  pay a service fee of $75, which is in addition to the fee for a
  542  license. The department shall collect all of these fees at the
  543  time of reinstatement. The department shall issue proper
  544  receipts for such fees and shall promptly transmit all funds
  545  received by it as follows:
  546         (a) Of the $45 fee received from a licensee for
  547  reinstatement following a suspension:
  548         1. If the reinstatement is processed by the department, the
  549  department shall deposit $15 in the General Revenue Fund and $30
  550  in the Highway Safety Operating Trust Fund.
  551         2. If the reinstatement is processed by the tax collector,
  552  $15 shall be retained by the tax collector, $15 shall be
  553  deposited into the Highway Safety Operating Trust Fund, and $15
  554  shall be deposited into the General Revenue Fund.
  555         (b) Of the $75 fee received from a licensee for
  556  reinstatement following a revocation or disqualification:
  557         1. If the reinstatement is processed by the department, the
  558  department shall deposit $35 in the General Revenue Fund and $40
  559  in the Highway Safety Operating Trust Fund.
  560         2. If the reinstatement is processed by the tax collector,
  561  $20 shall be retained by the tax collector, $20 shall be
  562  deposited into the Highway Safety Operating Trust Fund, and $35
  563  shall be deposited into the General Revenue Fund.
  564  
  565  If the revocation or suspension of the driver license was for a
  566  violation of s. 316.193, or for refusal to submit to a lawful
  567  breath, blood, or urine test, an additional fee of $130 must be
  568  charged. However, only one $130 fee may be collected from one
  569  person convicted of violations arising out of the same incident.
  570  The department shall collect the $130 fee and deposit the fee
  571  into the Highway Safety Operating Trust Fund at the time of
  572  reinstatement of the person’s driver license, but the fee may
  573  not be collected if the suspension or revocation is overturned.
  574  If the revocation or suspension of the driver license was for a
  575  conviction for a violation of s. 817.234(8) or (9) or s.
  576  817.505, an additional fee of $180 is imposed for each offense.
  577  The department shall collect and deposit the additional fee into
  578  the Highway Safety Operating Trust Fund at the time of
  579  reinstatement of the person’s driver license.
  580         (10) An applicant who submits an application for a renewal
  581  or replacement driver license or identification card to the
  582  department using a convenience service shall be provided with an
  583  option for expedited shipping whereby the department, at the
  584  applicant’s request, shall issue the license or identification
  585  card within 5 working days after receipt of the application and
  586  ship the license or card using an expedited mail service. A fee
  587  shall be charged for the expedited shipping option, not to
  588  exceed the cost of the expedited mail service, which is in
  589  addition to fees imposed by s. 322.051 or this section, or for
  590  the convenience service. Fees collected for the expedited
  591  shipping option shall be deposited into the Highway Safety
  592  Operating Trust Fund.
  593         Section 12. Subsection (1) of section 322.61, Florida
  594  Statutes, is amended, and subsection (2) of that section is
  595  reenacted, to read:
  596         322.61 Disqualification from operating a commercial motor
  597  vehicle.—
  598         (1) A person who, for offenses occurring within a 3-year
  599  period, is convicted of two of the following serious traffic
  600  violations, or any combination thereof, arising in separate
  601  incidents committed in a commercial motor vehicle shall, in
  602  addition to any other applicable penalties, be disqualified from
  603  operating a commercial motor vehicle for a period of 60 days. A
  604  holder of a commercial driver license or commercial learner’s
  605  permit who, for offenses occurring within a 3-year period, is
  606  convicted of two of the following serious traffic violations, or
  607  any combination thereof, arising in separate incidents committed
  608  in a noncommercial motor vehicle shall, in addition to any other
  609  applicable penalties, be disqualified from operating a
  610  commercial motor vehicle for a period of 60 days if such
  611  convictions result in the suspension, revocation, or
  612  cancellation of the licenseholder’s driving privilege:
  613         (a) A violation of any state or local law relating to motor
  614  vehicle traffic control, other than a parking violation, arising
  615  in connection with a crash resulting in death;
  616         (b) Reckless driving, as defined in s. 316.192;
  617         (c) Unlawful speed of 15 miles per hour or more above the
  618  posted speed limit;
  619         (d) Improper lane change, as defined in s. 316.085;
  620         (e) Following too closely, as defined in s. 316.0895;
  621         (f) Texting while driving a commercial motor vehicle, as
  622  prohibited by 49 C.F.R. 392.80;
  623         (g) Using a handheld mobile telephone while driving a
  624  commercial motor vehicle, as prohibited by 49 C.F.R. 392.82;
  625         (h)(f) Driving a commercial vehicle without obtaining a
  626  commercial driver license;
  627         (i)(g) Driving a commercial vehicle without the proper
  628  class of commercial driver license or commercial learner’s
  629  permit or without the proper endorsement; or
  630         (j)(h) Driving a commercial vehicle without a commercial
  631  driver license or commercial learner’s permit in possession, as
  632  required by s. 322.03.
  633         (2)(a) Any person who, for offenses occurring within a 3
  634  year period, is convicted of three serious traffic violations
  635  specified in subsection (1) or any combination thereof, arising
  636  in separate incidents committed in a commercial motor vehicle
  637  shall, in addition to any other applicable penalties, including
  638  but not limited to the penalty provided in subsection (1), be
  639  disqualified from operating a commercial motor vehicle for a
  640  period of 120 days.
  641         (b) A holder of a commercial driver license or commercial
  642  learner’s permit who, for offenses occurring within a 3-year
  643  period, is convicted of three serious traffic violations
  644  specified in subsection (1) or any combination thereof arising
  645  in separate incidents committed in a noncommercial motor vehicle
  646  shall, in addition to any other applicable penalties, including,
  647  but not limited to, the penalty provided in subsection (1), be
  648  disqualified from operating a commercial motor vehicle for a
  649  period of 120 days if such convictions result in the suspension,
  650  revocation, or cancellation of the licenseholder’s driving
  651  privilege.
  652         Section 13. This act shall take effect October 1, 2017.