Bill Text: FL S1438 | 2010 | Regular Session | Comm Sub

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Bill Title: Highway Safety [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Senate, companion bill(s) passed, see CS/CS/HB 971 (Ch. 2010-223), HB 5501 (Ch. 2010-163) [S1438 Detail]

Download: Florida-2010-S1438-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1438 
 
By the Committee on Transportation and Economic Development 
Appropriations; and Senator Fasano 
606-03280-10                                          20101438c1 
1                        A bill to be entitled 
2         An act relating to highway safety; amending s. 
3         316.066, F.S.; removing provisions requiring the 
4         driver of a vehicle that is involved in a crash 
5         resulting in bodily injury to or the death of any 
6         person or damage to any vehicle or other property to 
7         forward a written report of the crash to the 
8         Department of Highway Safety and Motor Vehicles within 
9         a specified time; requiring every law enforcement 
10         officer who investigates a motor vehicle crash to 
11         complete and submit to the department a Florida 
12         Traffic Crash Report, Long Form, within a specified 
13         time under certain circumstances; providing that in 
14         cases in which a Florida Traffic Crash Report, Long 
15         Form, is not required, the law enforcement officer may 
16         complete a short-form crash report or provide a short 
17         form crash report to be completed by each party 
18         involved in the crash; requiring the driver of a 
19         vehicle that is involved in a crash that results in 
20         damage to any vehicle or other property in an amount 
21         of at least $500 and that is not investigated by a law 
22         enforcement agency to forward a written report of the 
23         crash to the local law enforcement agency within a 
24         specified time; requiring the local law enforcement 
25         agency to maintain the short-form crash reports 
26         prepared by law enforcement officers or parties 
27         involved in the crash; amending s. 320.05, F.S.; 
28         requiring that certain fees be imposed for electronic 
29         access to registration data provided through the tax 
30         collector’s office; requiring that the fees be 
31         deposited into the Highway Safety Operating Trust Fund 
32         in the Department of Highway Safety and Motor 
33         Vehicles; amending s. 321.25, F.S.; authorizing the 
34         Department of Highway Safety and Motor Vehicles to 
35         charge a fee to persons attending certain training 
36         events; amending s. 322.02, F.S.; revising legislative 
37         intent relating to the transition of all driver’s 
38         license services from the department to the county tax 
39         collectors by a specified date; amending s. 322.135, 
40         F.S.; requiring the department to authorize any or all 
41         tax collectors in the state to serve as agents for the 
42         department by providing certain specified driver’s 
43         license services; requiring the department, in 
44         conjunction with the Tax Collectors’ Association, to 
45         develop a plan to provide for the transition of all 
46         driver’s license issuance services to the county tax 
47         collectors who are constitutional officers; requiring 
48         that the plan be submitted to the President of the 
49         Senate and the Speaker of the House of Representatives 
50         by a specified date; removing obsolete provisions 
51         relating to the issuance of driver’s licenses by the 
52         county tax collector; amending s. 322.20, F.S.; 
53         authorizing the Department of Highway Safety and Motor 
54         Vehicles to charge a fee for searching for an 
55         individual’s driver history record that is not on file 
56         or that meets requested criteria; authorizing the 
57         county clerks of court and certain tax collectors to 
58         provide driver records to any person requesting such 
59         records and to assess a fee for such service; amending 
60         ss. 322.2615, 324.051, and 921.0022, F.S.; conforming 
61         cross-references; providing an effective date. 
62 
63  Be It Enacted by the Legislature of the State of Florida: 
64 
65         Section 1. Section 316.066, Florida Statutes, amended to 
66  read: 
67         316.066 Written reports of crashes.— 
68         (1) The driver of a vehicle which is in any manner involved 
69  in a crash resulting in bodily injury to or death of any person 
70  or damage to any vehicle or other property in an apparent amount 
71  of at least $500 shall, within 10 days after the crash, forward 
72  a written report of such crash to the department or traffic 
73  records center. However, when the investigating officer has made 
74  a written report of the crash pursuant to subsection (3), no 
75  written report need be forwarded to the department or traffic 
76  records center by the driver. 
77         (2) The receiving entity may require any driver of a 
78  vehicle involved in a crash of which a written report must be 
79  made as provided in this section to file supplemental written 
80  reports whenever the original report is insufficient in the 
81  opinion of the department and may require witnesses of crashes 
82  to render reports to the department. 
83         (1)(3)(a) Every law enforcement officer who in the regular 
84  course of duty investigates a motor vehicle crash shall complete 
85  and submit to the department a Florida Traffic Crash Report, 
86  Long Form, no later than 10 days after completing the 
87  investigation: 
88         1. Which crash resulted in death or personal injury shall, 
89  within 10 days after completing the investigation, forward a 
90  written report of the crash to the department or traffic records 
91  center. 
92         2. Which crash involved a violation of s. 316.061(1) or s. 
93  316.193 shall, within 10 days after completing the 
94  investigation, forward a written report of the crash to the 
95  department or traffic records center. 
96         3. In which crash a vehicle was rendered inoperative to a 
97  degree that which required a wrecker to remove it from traffic 
98  may, within 10 days after completing the investigation, forward 
99  a written report of the crash to the department or traffic 
100  records center if such action is appropriate, in the officer’s 
101  discretion. 
102         (b) In every case in which a Florida Traffic Crash Report, 
103  Long Form, crash report is not required by this section and a 
104  written report to a law enforcement officer is not prepared, the 
105  law enforcement officer may complete a short-form crash report 
106  or provide a short-form crash report to be completed by shall 
107  provide each party involved in the crash a short-form report, 
108  prescribed by the state, to be completed by the party. The 
109  short-form report must include: 
110         1. The date, time, and location of the crash; 
111         2. A description of the vehicles involved; 
112         3. The names and addresses of the parties involved; 
113         4. The names and addresses of witnesses; 
114         5. The name, badge number, and law enforcement agency of 
115  the officer investigating the crash; and 
116         6. The names of the insurance companies for the respective 
117  parties involved in the crash. 
118         (c) Each party to the crash shall provide the law 
119  enforcement officer with proof of insurance to be included in 
120  the crash report. If a law enforcement officer submits a report 
121  on the accident, proof of insurance must be provided to the 
122  officer by each party involved in the crash. Any party who fails 
123  to provide the required information is guilty of an infraction 
124  for a nonmoving violation, punishable as provided in chapter 318 
125  unless the officer determines that due to injuries or other 
126  special circumstances such insurance information cannot be 
127  provided immediately. If the person provides the law enforcement 
128  agency, within 24 hours after the crash, proof of insurance that 
129  was valid at the time of the crash, the law enforcement agency 
130  may void the citation. 
131         (d) The driver of a vehicle that is in any manner involved 
132  in a crash resulting in damage to any vehicle or other property 
133  in an amount of at least $500 and the crash was not investigated 
134  by a law enforcement agency shall, within 10 days after the 
135  crash, forward a written report of the crash to the local law 
136  enforcement agency. The receiving law enforcement entity may 
137  require witnesses of crashes to render reports and any driver of 
138  a vehicle involved in a crash of which a written report must be 
139  made as provided in this section to file supplemental written 
140  reports whenever the original report is deemed insufficient by 
141  the receiving law enforcement agency. 
142         (e) Short-form crash reports prepared by law enforcement 
143  officers or parties involved in the crash shall be maintained by 
144  the local law enforcement agency. 
145         (2)(4)(a) One or more counties may enter into an agreement 
146  with the appropriate state agency to be certified by the agency 
147  to have a traffic records center for the purpose of tabulating 
148  and analyzing countywide traffic crash reports. The agreement 
149  must include: certification by the agency that the center has 
150  adequate auditing and monitoring mechanisms in place to ensure 
151  the quality and accuracy of the data; the time period in which 
152  the traffic records center must report crash data to the agency; 
153  and the medium in which the traffic records must be submitted to 
154  the agency. 
155         (b) In the case of a county or multicounty area that has a 
156  certified central traffic records center, a law enforcement 
157  agency or driver must submit to the center within the time limit 
158  prescribed in this section a written report of the crash. A 
159  driver who is required to file a crash report must be notified 
160  of the proper place to submit the completed report. 
161         (c) Fees for copies of public records provided by a 
162  certified traffic records center shall be charged and collected 
163  as follows: 
164 
165         For a crash report..........................$10 per copy. 
166         For a homicide report.......................$25 per copy. 
167         For a uniform traffic citation............$0.50 per copy. 
168  The fees collected for copies of the public records provided by 
169  a certified traffic records center shall be used to fund the 
170  center or otherwise as designated by the county or counties 
171  participating in the center. 
172         (3)(5)(a) Crash reports that reveal the identity, home or 
173  employment telephone number or home or employment address of, or 
174  other personal information concerning the parties involved in 
175  the crash and that are held by any agency that regularly 
176  receives or prepares information from or concerning the parties 
177  to motor vehicle crashes are confidential and exempt from s. 
178  119.07(1) and s. 24(a), Art. I of the State Constitution for a 
179  period of 60 days after the date the report is filed. 
180         (b) Crash reports held by an agency under paragraph (a) may 
181  be made immediately available to the parties involved in the 
182  crash, their legal representatives, their licensed insurance 
183  agents, their insurers or insurers to which they have applied 
184  for coverage, persons under contract with such insurers to 
185  provide claims or underwriting information, prosecutorial 
186  authorities, victim services programs, radio and television 
187  stations licensed by the Federal Communications Commission, 
188  newspapers qualified to publish legal notices under ss. 50.011 
189  and 50.031, and free newspapers of general circulation, 
190  published once a week or more often, available and of interest 
191  to the public generally for the dissemination of news. For the 
192  purposes of this section, the following products or publications 
193  are not newspapers as referred to in this section: those 
194  intended primarily for members of a particular profession or 
195  occupational group; those with the primary purpose of 
196  distributing advertising; and those with the primary purpose of 
197  publishing names and other personal identifying information 
198  concerning parties to motor vehicle crashes. 
199         (c) Any local, state, or federal agency that is authorized 
200  to have access to crash reports by any provision of law shall be 
201  granted such access in the furtherance of the agency’s statutory 
202  duties. 
203         (d) As a condition precedent to accessing a crash report 
204  within 60 days after the date the report is filed, a person must 
205  present a valid driver’s license or other photographic 
206  identification, proof of status, or identification that 
207  demonstrates his or her qualifications to access that 
208  information, and file a written sworn statement with the state 
209  or local agency in possession of the information stating that 
210  information from a crash report made confidential and exempt by 
211  this section will not be used for any commercial solicitation of 
212  accident victims, or knowingly disclosed to any third party for 
213  the purpose of such solicitation, during the period of time that 
214  the information remains confidential and exempt. In lieu of 
215  requiring the written sworn statement, an agency may provide 
216  crash reports by electronic means to third-party vendors under 
217  contract with one or more insurers, but only when such contract 
218  states that information from a crash report made confidential 
219  and exempt by this section will not be used for any commercial 
220  solicitation of accident victims by the vendors, or knowingly 
221  disclosed by the vendors to any third party for the purpose of 
222  such solicitation, during the period of time that the 
223  information remains confidential and exempt, and only when a 
224  copy of such contract is furnished to the agency as proof of the 
225  vendor’s claimed status. 
226         (e) This subsection does not prevent the dissemination or 
227  publication of news to the general public by any legitimate 
228  media entitled to access confidential and exempt information 
229  pursuant to this section. 
230         (4)(6)(a) Any driver failing to file the written report 
231  required under paragraph (1)(d) subsection (1) or subsection (2) 
232  commits a noncriminal traffic infraction, punishable as a 
233  nonmoving violation as provided in chapter 318. 
234         (b) Any employee of a state or local agency in possession 
235  of information made confidential and exempt by this section who 
236  knowingly discloses such confidential and exempt information to 
237  a person not entitled to access such information under this 
238  section commits is guilty of a felony of the third degree, 
239  punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
240         (c) Any person, knowing that he or she is not entitled to 
241  obtain information made confidential and exempt by this section, 
242  who obtains or attempts to obtain such information commits is 
243  guilty of a felony of the third degree, punishable as provided 
244  in s. 775.082, s. 775.083, or s. 775.084. 
245         (d) Any person who knowingly uses confidential and exempt 
246  information in violation of a filed written sworn statement or 
247  contractual agreement required by this section commits a felony 
248  of the third degree, punishable as provided in s. 775.082, s. 
249  775.083, or s. 775.084. 
250         (5)(7) Except as specified in this subsection, each crash 
251  report made by a person involved in a crash and any statement 
252  made by such person to a law enforcement officer for the purpose 
253  of completing a crash report required by this section shall be 
254  without prejudice to the individual so reporting. No Such a 
255  report or statement may not shall be used as evidence in any 
256  trial, civil or criminal. However, subject to the applicable 
257  rules of evidence, a law enforcement officer at a criminal trial 
258  may testify as to any statement made to the officer by the 
259  person involved in the crash if that person’s privilege against 
260  self-incrimination is not violated. The results of breath, 
261  urine, and blood tests administered as provided in s. 316.1932 
262  or s. 316.1933 are not confidential and are shall be admissible 
263  into evidence in accordance with the provisions of s. 
264  316.1934(2). Crash reports made by persons involved in crashes 
265  shall not be used for commercial solicitation purposes; however, 
266  the use of a crash report for purposes of publication in a 
267  newspaper or other news periodical or a radio or television 
268  broadcast shall not be construed as “commercial purpose.” 
269         (6)(8) A law enforcement officer, as defined in s. 
270  943.10(1), may enforce this section. 
271         Section 2. Subsection (3) of section 320.05, Florida 
272  Statutes, is amended to read: 
273         320.05 Records of the department; inspection procedure; 
274  lists and searches; fees.— 
275         (3)(a) The department may is authorized, upon application 
276  of any person and payment of the proper fees, to prepare and 
277  furnish lists containing motor vehicle or vessel information in 
278  such form as the department may authorize, to search the records 
279  of the department and make reports thereof, and to make 
280  photographic copies of the department records and attestations 
281  thereof. 
282         (b) Fees therefor shall be charged and collected as 
283  follows: 
284         1. For providing lists of motor vehicle or vessel records 
285  for the entire state, or any part or parts thereof, divided 
286  according to counties, a sum computed at a rate of not less than 
287  1 cent nor more than 5 cents per item. 
288         2. For providing noncertified photographic copies of motor 
289  vehicle or vessel documents, $1 per page. 
290         3. For providing noncertified photographic copies of 
291  micrographic records, $1 per page. 
292         4. For providing certified copies of motor vehicle or 
293  vessel records, $3 per record. 
294         5. For providing noncertified computer-generated printouts 
295  of motor vehicle or vessel records, 50 cents per record. 
296         6. For providing certified computer-generated printouts of 
297  motor vehicle or vessel records, $3 per record. 
298         7. For providing electronic access to motor vehicle, 
299  vessel, and mobile home registration data requested by tag, 
300  vehicle identification number, title number, or decal number, 50 
301  cents per item. 
302         8. For providing electronic access to driver’s license 
303  status report by name, sex, and date of birth or by driver 
304  license number, 50 cents per item. 
305         9. For providing lists of licensed mobile home dealers and 
306  manufacturers and recreational vehicle dealers and 
307  manufacturers, $15 per list. 
308         10. For providing lists of licensed motor vehicle dealers, 
309  $25 per list. 
310         11. For each copy of a videotape record, $15 per tape. 
311         12. For each copy of the Division of Motor Vehicles 
312  Procedures Manual, $25. 
313         (c) Fees collected pursuant to paragraph (b) shall be 
314  deposited into the Highway Safety Operating Trust Fund. 
315         (d) The department shall furnish such information without 
316  charge to any court or governmental entity. 
317         (e) When motor vehicle, vessel, or mobile home registration 
318  data is provided by electronic access through a tax collector’s 
319  office, the applicable fee as provided in paragraph (b) must be 
320  collected and deposited pursuant to paragraph (c) a fee for the 
321  electronic access is not required to be assessed. However, at 
322  the tax collector’s discretion, a fee equal to or less than the 
323  fee charged by the department for such information may be 
324  assessed by the tax collector for the electronic access. 
325  Notwithstanding paragraph (c), any funds collected by the tax 
326  collector as a result of providing such access shall be retained 
327  by the tax collector. 
328         Section 3. Section 321.25, Florida Statutes, is amended to 
329  read: 
330         321.25 Training provided at patrol schools.—The Department 
331  of Highway Safety and Motor Vehicles may is authorized to 
332  provide for the training of law enforcement officials and 
333  individuals in matters relating to the duties, functions, and 
334  powers of the Florida Highway Patrol in the schools established 
335  by the department for the training of highway patrol candidates 
336  and officers. The Department of Highway Safety and Motor 
337  Vehicles may is authorized to charge a fee for providing the 
338  training authorized by this section. The fee shall be charged to 
339  persons attending the training. The fee shall be based on the 
340  Department of Highway Safety and Motor Vehicles’ recruiting 
341  costs and a portion of the costs for providing the training., 
342  The and such costs may include, but are not limited to, tuition, 
343  lodging, and meals. Revenues from the fees shall be used to 
344  offset the Department of Highway Safety and Motor Vehicles’ 
345  costs for providing the training. The cost of training local 
346  enforcement officers shall be paid for by their respective 
347  offices, counties or municipalities, as the case may be. Such 
348  cost shall be deemed a proper county or municipal expense or a 
349  proper expenditure of the office of sheriff. 
350         Section 4. Subsection (1) of section 322.02, Florida 
351  Statutes, is amended to read: 
352         322.02 Legislative intent; administration.— 
353         (1) The Legislature finds that over the past several years 
354  the department and individual county tax collectors have entered 
355  into contracts for the delivery of full and limited driver 
356  license services where such contractual relationships best 
357  served the public interest through state administration and 
358  enforcement and local government implementation. It is the 
359  intent of the Legislature to complete the transition of all 
360  driver license issuance services to those tax collectors who are 
361  constitutional officers in this state no later than June 30, 
362  2015. The transition of services to charter-appointed county tax 
363  collectors may occur on a limited basis as directed by the 
364  department that future interests and processes for developing 
365  and expanding the department’s relationship with tax collectors 
366  through contractual relationships for the delivery of driver 
367  license services be achieved through the provisions of this 
368  chapter, thereby serving best the public interest considering 
369  accountability, cost-effectiveness, efficiency, responsiveness, 
370  and high-quality service to the drivers in Florida. 
371         Section 5. Section 322.135, Florida Statutes, is amended to 
372  read: 
373         322.135 Driver’s license agents.— 
374         (1) The department shall may, upon application, authorize 
375  any or all of the tax collectors in the several counties of the 
376  state, subject to the requirements of law, in accordance with 
377  rules of the department, to serve as its agent for the provision 
378  of specified driver’s license services. 
379         (a) These services shall be limited to the issuance of 
380  driver’s licenses and identification cards as authorized by this 
381  chapter. 
382         (b) Each tax collector who is authorized by the department 
383  to provide driver’s license services shall bear all costs 
384  associated with providing those services. 
385         (c) A service fee of $6.25 shall be charged, in addition to 
386  the fees set forth in this chapter, for providing all services 
387  pursuant to this chapter. The service fee may not be charged: 
388         1. More than once per customer during a single visit to a 
389  tax collector’s office. 
390         2. For a reexamination requested by the Medical Advisory 
391  Board or required pursuant to s. 322.221. 
392         3. For a voter registration transaction. 
393         4. For changes in an organ donation registration. 
394         4.5. In violation of any federal or state law. 
395         (2) Each tax collector is required to give a good and 
396  sufficient surety bond, payable to the department, conditioned 
397  upon his or her faithfully and truly performing the duties 
398  imposed upon him or her according to the requirements of law and 
399  the rules of the department and upon his or her accounting for 
400  all materials, records, and other property and money that come 
401  into his or her possession or control by reason of performing 
402  these duties. 
403         (a) The amount of the bond must be determined by the 
404  department as an amount not less than 10 percent above the 
405  average of the daily deposits of each tax collector. 
406         (b) If a tax collector is also an agent of the department 
407  for purposes of s. 320.03, the amount of the bond must be at 
408  least 10 percent above the average of the total daily deposits 
409  of all funds received by the tax collector on behalf of the 
410  department. 
411         (c) Notwithstanding the provisions of s. 320.03, only one 
412  bond is required in order for a tax collector to serve as an 
413  agent of the department under chapters 320 and 322. 
414         (3) Each tax collector shall keep a full and complete 
415  record of all materials, records, and other properties received 
416  by him or her from the department, or from any other source, and 
417  shall make prompt remittance of moneys collected by him or her 
418  at such times and in such manner as prescribed by law, in 
419  accordance with departmental rules. 
420         (4) A tax collector may not issue or renew a driver’s 
421  license if he or she has any reason to believe that the licensee 
422  or prospective licensee is physically or mentally unqualified to 
423  operate a motor vehicle. The tax collector may direct any such 
424  licensee to the department for examination or reexamination 
425  under s. 322.221. 
426         (5) The department, in conjunction with the Tax Collectors’ 
427  Association, shall develop a plan to provide for the transition 
428  of all driver’s license issuance services to the county tax 
429  collectors who are constitutional officers. The transition plan 
430  shall be submitted to the President of the Senate and the 
431  Speaker of the House of Representatives by February 1, 2011. The 
432  transition plan must include a timeline to complete the full 
433  transition of all driver’s license issuance services no later 
434  than June 30, 2015, and may include, but need not be limited to, 
435  recommendations on the use of regional service centers, 
436  interlocal agreements, and equipment. The county tax collector 
437  at his or her option may apply to the department for approval by 
438  the executive director to be the exclusive agent of the 
439  department for his or her county to administer driver license 
440  services as provided and authorized in this chapter. 
441         (a) The application by the county tax collector shall be in 
442  writing to the executive director of the department. The 
443  application must be submitted by September 1 to be effective for 
444  the state’s subsequent fiscal year beginning July 1. 
445         (b) The department shall provide a form for such 
446  application, which shall include the following information: 
447         1. Locations within the county where offices and branch 
448  offices for driver license services are proposed. 
449         2. The designation by the tax collector of the driver 
450  license functions to be performed by the tax collector in the 
451  county. 
452         3. Any anticipated capital acquisition or construction 
453  costs. 
454         4. A projection of equipment available or to be provided by 
455  the department. 
456         5. All anticipated operating costs, including facilities, 
457  equipment, and personnel to administer driver license services. 
458         (c) The department shall review applications on or before 
459  September 1 of each year. The department shall compare the costs 
460  included in the information submitted in the application with 
461  the related costs incurred by the department to accomplish the 
462  same level of services. The department shall approve or deny an 
463  application within 60 calendar days after the application is 
464  received unless the department and the applicant agree mutually 
465  to a specific alternative date. 
466         (d) The department may provide technical assistance to an 
467  applicant upon request. 
468         (6) Administration of driver license services by a county 
469  tax collector as the exclusive agent of the department must be 
470  revenue neutral with no adverse state fiscal impact and with no 
471  adverse unfunded mandate to the tax collector. 
472         (7) Upon approval by the department for a tax collector to 
473  provide exclusive driver license services in a county, the 
474  department and the applicable tax collector shall develop a 
475  transition plan for the orderly transfer of service 
476  responsibilities to the tax collector. This plan shall include, 
477  but is not limited to: 
478         (a) The specifics of any possible use of any state-owned or 
479  leased facilities giving consideration to lease expiration date, 
480  cancellation provisions, and possibilities for sublease of such 
481  facilities. 
482         (b) Consideration of staffing needs of the tax collector, 
483  either the assumption by the collector or departmental 
484  relocation of employees adversely affected. 
485         (c) The execution of a standard agreement between the 
486  department and the tax collector for providing driver license 
487  services. 
488         (8) The county tax collector, as the exclusive agent of the 
489  Department of Highway Safety and Motor Vehicles, shall be paid 
490  fees for driver license services. 
491         (6)(9) Notwithstanding chapter 116, each county officer 
492  within this state who is authorized to collect funds provided 
493  for in this chapter shall pay all sums officially received by 
494  the officer into the State Treasury no later than 5 working days 
495  after the close of the business day in which the officer 
496  received the funds. Payment by county officers to the state 
497  shall be made by means of electronic funds transfers. 
498         Section 6. Subsections (10) and (11) of section 322.20, 
499  Florida Statutes, are amended to read: 
500         322.20 Records of the department; fees; destruction of 
501  records.— 
502         (10) The Division of Driver Licenses may is authorized, 
503  upon application of any person and payment of the proper fees, 
504  to search and to assist such person in the search of the records 
505  of the department and make reports thereof and to make 
506  photographic copies of the departmental records and attestations 
507  thereof. 
508         (11)(a) The department may charge the following fees for 
509  the following services and documents: 
510         1. For providing a transcript of any one individual’s 
511  driver history record or any portion thereof for the past 3 
512  years or for searching for such record when no record is found 
513  on file.......................................................$8 
514         2. For providing a transcript of any one individual’s 
515  driver history record or any portion thereof for the past 7 
516  years or for searching for such record when no record is found 
517  on file......................................................$10 
518         3. For providing a certified copy of a transcript of the 
519  driver history record or any portion thereof for any one 
520  individual...................................................$10 
521         4. For providing a certified photographic copy of a 
522  document, per page............................................$1 
523         5. For providing an exemplified record................$15 
524         6. For providing photocopies of documents, papers, letters, 
525  clearances, or license or insurance status reports, per 
526  page.......................................................$0.50 
527         7. For assisting persons in searching any one individual’s 
528  driver record at a terminal located at the department’s general 
529  headquarters in Tallahassee...................................$2 
530         8. For searching for any one individual’s driver history 
531  record when no record is found on file........................$1 
532         9. For electronically searching for any one individual’s 
533  driver history record to determine if the record meets requested 
534  criteria...................................................$0.10 
535         (b) The department shall furnish such information without 
536  charge to any local, state, or federal law enforcement agency or 
537  court upon proof satisfactory to the department as to the 
538  purpose of the investigation. 
539         (c) Any tax collectors authorized under s. 322.135, and any 
540  county clerk of court, may provide 3-year, 7-year, or complete 
541  driver records to any person requesting such records upon 
542  appropriate payment. In addition, any clerk of court and tax 
543  collector may assess the fee listed in s. 322.135(1)(c) for this 
544  service. The applicable record fees listed in paragraph (a) must 
545  be remitted to the department no later than 5 days after payment 
546  is received unless a shorter remittance period is required by 
547  law. 
548         Section 7. Subsection (2) of section 322.2615, Florida 
549  Statutes, is amended to read: 
550         322.2615 Suspension of license; right to review.— 
551         (2) Except as provided in paragraph (1)(a), the law 
552  enforcement officer shall forward to the department, within 5 
553  days after issuing the notice of suspension, the driver’s 
554  license; an affidavit stating the officer’s grounds for belief 
555  that the person was driving or in actual physical control of a 
556  motor vehicle while under the influence of alcoholic beverages 
557  or chemical or controlled substances; the results of any breath 
558  or blood test or an affidavit stating that a breath, blood, or 
559  urine test was requested by a law enforcement officer or 
560  correctional officer and that the person refused to submit; the 
561  officer’s description of the person’s field sobriety test, if 
562  any; the notice of suspension; and a copy of the crash report, 
563  if any. The failure of the officer to submit materials within 
564  the 5-day period specified in this subsection and in subsection 
565  (1) does not affect the department’s ability to consider any 
566  evidence submitted at or prior to the hearing. The officer may 
567  also submit a copy of a videotape of the field sobriety test or 
568  the attempt to administer such test. Materials submitted to the 
569  department by a law enforcement agency or correctional agency 
570  shall be considered self-authenticating and shall be in the 
571  record for consideration by the hearing officer. Notwithstanding 
572  s. 316.066(5) s. 316.066(7), the crash report shall be 
573  considered by the hearing officer. 
574         Section 8. Paragraph (a) of subsection (1) of section 
575  324.051, Florida Statutes, is amended to read: 
576         324.051 Reports of crashes; suspensions of licenses and 
577  registrations.— 
578         (1)(a) Every law enforcement officer who, in the regular 
579  course of duty either at the time of and at the scene of the 
580  crash or thereafter by interviewing participants or witnesses, 
581  investigates a motor vehicle crash which he or she is required 
582  to report pursuant to s. 316.066(1) s. 316.066(3) shall forward 
583  a written report of the crash to the department within 10 days 
584  of completing the investigation. However, when the investigation 
585  of a crash will take more than 10 days to complete, a 
586  preliminary copy of the crash report shall be forwarded to the 
587  department within 10 days of the occurrence of the crash, to be 
588  followed by a final report within 10 days after completion of 
589  the investigation. The report shall be on a form and contain 
590  information consistent with the requirements of s. 316.068. 
591         Section 9. Paragraph (c) of subsection (3) of section 
592  921.0022, Florida Statutes, is amended to read: 
593         921.0022 Criminal Punishment Code; offense severity ranking 
594  chart.— 
595         (3) OFFENSE SEVERITY RANKING CHART 
596         (c) LEVEL 3 
597  FloridaStatute     FelonyDegree               Description 
598  119.10(2)(b)       3rd     Unlawful use of confidential information from police reports. 
599  316.066(4)(6)(b)-(d)3rd     Unlawfully obtaining or using confidential crash reports. 
600  316.193(2)(b)      3rd     Felony DUI, 3rd conviction. 
601  316.1935(2)        3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 
602  319.30(4)          3rd     Possession by junkyard of motor vehicle with identification number plate removed. 
603  319.33(1)(a)       3rd     Alter or forge any certificate of title to a motor vehicle or mobile home. 
604  319.33(1)(c)       3rd     Procure or pass title on stolen vehicle. 
605  319.33(4)          3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 
606  327.35(2)(b)       3rd     Felony BUI. 
607  328.05(2)          3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 
608  328.07(4)          3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 
609  376.302(5)         3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 
610  379.2431(1)(e)5.   3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 
611  379.2431(1)(e)6.   3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 
612  400.9935(4)        3rd     Operating a clinic without a license or filing false license application or other required information. 
613  440.1051(3)        3rd     False report of workers’ compensation fraud or retaliation for making such a report. 
614  501.001(2)(b)      2nd     Tampers with a consumer product or the container using materially false/misleading information. 
615  624.401(4)(a)      3rd     Transacting insurance without a certificate of authority. 
616  624.401(4)(b)1.    3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000. 
617  626.902(1)(a) & (b)3rd     Representing an unauthorized insurer. 
618  697.08             3rd     Equity skimming. 
619  790.15(3)          3rd     Person directs another to discharge firearm from a vehicle. 
620  796.05(1)          3rd     Live on earnings of a prostitute. 
621  806.10(1)          3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 
622  806.10(2)          3rd     Interferes with or assaults firefighter in performance of duty. 
623  810.09(2)(c)       3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 
624  812.014(2)(c)2.    3rd     Grand theft; $5,000 or more but less than $10,000. 
625  812.0145(2)(c)     3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000. 
626  815.04(4)(b)       2nd     Computer offense devised to defraud or obtain property. 
627  817.034(4)(a)3.    3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 
628  817.233            3rd     Burning to defraud insurer. 
629  817.234(8)(b)-(c)  3rd     Unlawful solicitation of persons involved in motor vehicle accidents. 
630  817.234(11)(a)     3rd     Insurance fraud; property value less than $20,000. 
631  817.236            3rd     Filing a false motor vehicle insurance application. 
632  817.2361           3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 
633  817.413(2)         3rd     Sale of used goods as new. 
634  817.505(4)         3rd     Patient brokering. 
635  828.12(2)          3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 
636  831.28(2)(a)       3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 
637  831.29             2nd     Possession of instruments for counterfeiting drivers’ licenses or identification cards. 
638  838.021(3)(b)      3rd     Threatens unlawful harm to public servant. 
639  843.19             3rd     Injure, disable, or kill police dog or horse. 
640  860.15(3)          3rd     Overcharging for repairs and parts. 
641  870.01(2)          3rd     Riot; inciting or encouraging. 
642  893.13(1)(a)2.     3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 
643  893.13(1)(d)2.     2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 
644  893.13(1)(f)2.     2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 
645  893.13(6)(a)       3rd     Possession of any controlled substance other than felony possession of cannabis. 
646  893.13(7)(a)8.     3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 
647  893.13(7)(a)9.     3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 
648  893.13(7)(a)10.    3rd     Affix false or forged label to package of controlled substance. 
649  893.13(7)(a)11.    3rd     Furnish false or fraudulent material information on any document or record required by chapter 893. 
650  893.13(8)(a)1.     3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 
651  893.13(8)(a)2.     3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 
652  893.13(8)(a)3.     3rd     Knowingly write a prescription for a controlled substance for a fictitious person. 
653  893.13(8)(a)4.     3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 
654  918.13(1)(a)       3rd     Alter, destroy, or conceal investigation evidence. 
655  944.47(1)(a)1.-2.  3rd     Introduce contraband to correctional facility. 
656  944.47(1)(c)       2nd     Possess contraband while upon the grounds of a correctional institution. 
657  985.721            3rd     Escapes from a juvenile facility (secure detention or residential commitment facility). 
658         Section 10. This act shall take effect July 1, 2010.