Bill Text: FL S1458 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Highway Safety and Motor Vehicles
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]
Download: Florida-2013-S1458-Introduced.html
Bill Title: Department of Highway Safety and Motor Vehicles
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]
Download: Florida-2013-S1458-Introduced.html
Florida Senate - 2013 SB 1458 By Senator Brandes 22-00563A-13 20131458__ 1 A bill to be entitled 2 An act relating to the Department of Highway Safety 3 and Motor Vehicles; amending s. 207.002, F.S., 4 relating to the Florida Diesel Fuel and Motor Fuel Use 5 Tax Act of 1981; deleting definitions of the terms 6 “apportioned motor vehicle” and “apportionable 7 vehicle”; amending s. 316.1937, F.S.; revising 8 operational specifications for ignition interlock 9 devices; amending s. 316.302, F.S.; revising 10 provisions for certain commercial motor vehicles and 11 transporters and shippers of hazardous materials; 12 providing for application of specified federal 13 regulations; removing a provision for application of 14 specified provisions and federal regulations to 15 transporting liquefied petroleum gas; amending s. 16 316.3025, F.S.; providing penalties for violation of 17 specified federal regulations relating to medical and 18 physical requirements for commercial drivers while 19 driving a commercial motor vehicle; revising 20 provisions for seizure of a motor vehicle for refusal 21 to pay penalty; amending s. 316.545, F.S.; revising 22 language relating to certain commercial motor vehicles 23 not properly licensed and registered; amending s. 24 316.646, F.S.; authorizing the use of an electronic 25 device to provide proof of insurance under the 26 section; providing that displaying such information on 27 an electronic device does not constitute consent for a 28 law enforcement officer to access other information 29 stored on the device; providing that the person 30 displaying the device assumes the liability for any 31 resulting damage to the device; requiring the 32 department to adopt rules; amending s. 317.0016, F.S., 33 relating to expedited services; removing a requirement 34 that the department provide such service for certain 35 certificates; amending s. 318.14, F.S., relating to 36 disposition of traffic citations; providing that 37 certain alternative procedures for certain traffic 38 offenses are not available to a person who holds a 39 commercial learner’s permit; amending s. 318.1451, 40 F.S.; revising provisions relating to driver 41 improvement schools; removing a provision for a chief 42 judge to establish requirements for the location of 43 schools within a judicial circuit; removing a 44 provision that authorizes a person to operate a driver 45 improvement school; revising provisions for persons 46 taking unapproved course; providing criteria for 47 initial approval of courses; revising requirements for 48 assessment fees, courses, course certificates, and 49 course providers; directing the department to adopt 50 rules; amending s. 319.225, F.S.; revising provisions 51 for certificates of title, reassignment of title, and 52 forms; revising procedures for transfer of title; 53 amending s. 319.23, F.S.; revising requirements for 54 content of certificates of title and applications for 55 title; amending s. 319.28, F.S.; revising provisions 56 for transfer of ownership by operation of law when a 57 motor vehicle or mobile home is repossessed; removing 58 provisions for a certificate of repossession; amending 59 s. 319.323, F.S., relating to expedited services of 60 the department; removing certificates of repossession; 61 amending s. 320.01, F.S.; removing the definition of 62 the term “apportioned motor vehicle”; revising the 63 definition of the term “apportionable motor vehicle”; 64 amending s. 320.02, F.S.; revising requirements for 65 application for motor vehicle registration; amending 66 s. 320.03, F.S.; revising a provision for registration 67 under the International Registration Plan; amending s. 68 320.05, F.S.; revising provisions relating to record 69 inspection procedures and fees; deleting provisions 70 that permit certain public inspection of registration 71 records; deleting a provision allowing certain 72 businesses and professionals to obtain information by 73 telecommunication in certain circumstances; conforming 74 and clarifying a list of records that may be provided 75 by the department; amending s. 320.071, F.S.; revising 76 a provision for advance renewal of registration under 77 the International Registration Plan; amending s. 78 320.0715, F.S.; revising provisions for vehicles 79 required to be registered under the International 80 Registration Plan; amending s. 320.18, F.S.; providing 81 for withholding of motor vehicle or mobile home 82 registration when a coowner has failed to register the 83 motor vehicle or mobile home during a previous period 84 when such registration was required; providing for 85 cancelling a vehicle or vessel registration, driver 86 license, identification card, or fuel-use tax decal if 87 the coowner pays certain fees and other liabilities 88 with a dishonored check; amending s. 320.27, F.S., 89 relating to motor vehicle dealers; providing for 90 extended periods for dealer licenses and supplemental 91 licenses; providing fees; amending s. 320.62, F.S., 92 relating to manufacturers, distributors, and importers 93 of motor vehicles; providing for extended licensure 94 periods; providing fees; amending s. 320.77, F.S., 95 relating to mobile home dealers; providing for 96 extended licensure periods; providing fees; amending 97 s. 320.771, F.S., relating to recreational vehicle 98 dealers; providing for extended licensure periods; 99 providing fees; amending s. 320.8225, F.S., relating 100 to mobile home and recreational vehicle manufacturers, 101 distributors, and importers; providing for extended 102 licensure periods; providing fees; amending s. 103 322.095, F.S.; requiring an applicant for a driver 104 license to complete a traffic law and substance abuse 105 education course; providing exceptions; revising 106 procedures for evaluation and approval of such 107 courses; revising criteria for such courses and the 108 schools conducting the courses; providing for 109 collection and disposition of certain fees; requiring 110 providers to maintain records; directing the 111 department to conduct effectiveness studies; requiring 112 a provider to cease offering a course that fails the 113 study; requiring courses to be updated at the request 114 of the department; providing a timeframe for course 115 length; prohibiting a provider from charging for a 116 completion certificate; requiring providers to 117 disclose certain information; requiring providers to 118 submit course completion information to the department 119 within a certain time period; prohibiting certain 120 acts; providing that the department shall not accept 121 certification from certain students; prohibiting a 122 person convicted of certain crimes from conducting 123 courses; directing the department to suspend course 124 approval for certain purposes; providing for the 125 department to deny, suspend, or revoke course approval 126 for certain acts; providing for administrative hearing 127 before final action denying, suspending, or revoking 128 course approval; providing penalties for violations; 129 amending s. 322.125, F.S.; revising criteria for 130 members of the Medical Advisory Board; amending s. 131 322.135, F.S.; removing a provision that authorizes a 132 tax collector to direct certain licensees to the 133 department for examination or reexamination; amending 134 s. 322.18, F.S.; revising provisions for a vision test 135 required for driver license renewal for certain 136 drivers; amending s. 322.21, F.S.; providing a fee for 137 a commercial learner’s permit; amending s. 322.212, 138 F.S.; providing penalties for certain violations 139 involving application and testing for a commercial 140 driver license or a commercial learner’s permit; 141 amending s. 322.22, F.S.; authorizing the department 142 to withhold issuance or renewal of a driver license, 143 identification card, vehicle or vessel registration, 144 or fuel-use decal under certain circumstances; 145 amending s. 322.245, F.S.; requiring a depository or 146 clerk of court to electronically notify the department 147 of a person’s failure to pay support or comply with 148 directives of the court; amending s. 322.25, F.S.; 149 removing a provision for a court order to reinstate a 150 person’s driving privilege on a temporary basis when 151 the person’s license and driving privilege have been 152 revoked under certain circumstances; amending ss. 153 322.2615 and 322.2616, F.S., relating to review of a 154 license suspension when the driver had blood or breath 155 alcohol at a certain level or the driver refused a 156 test of his or her blood or breath to determine the 157 alcohol level; revising provisions for informal and 158 formal reviews; providing for the hearing officer to 159 be designated by the department; authorizing the 160 hearing officer to conduct hearings using 161 telecommunications technology; revising procedures for 162 enforcement of subpoenas; directing the department to 163 issue a temporary driving permit or invalidate the 164 suspension under certain circumstances; providing for 165 construction of specified provisions; amending s. 166 322.64, F.S., relating to driving with unlawful blood 167 alcohol level or refusal to submit to breath, urine, 168 or blood test by a commercial driver license holder or 169 person driving a commercial motor vehicle; providing 170 that a disqualification from driving a commercial 171 motor vehicle is considered a conviction for certain 172 purposes; revising the time period a person is 173 disqualified from driving for alcohol-related 174 violations; revising requirements for notice of the 175 disqualification; providing that under the review of a 176 disqualification the hearing officer shall consider 177 the crash report; revising provisions for informal and 178 formal reviews; providing for the hearing officer to 179 be designated by the department; authorizing the 180 hearing officer to conduct hearings using 181 telecommunications technology; revising procedures for 182 enforcement of subpoenas; directing the department to 183 issue a temporary driving permit or invalidate the 184 suspension under certain circumstances; providing for 185 construction of specified provisions; amending s. 186 322.2715, F.S.; providing requirements for issuance of 187 a restricted license for a person convicted of a DUI 188 offense if a medical waiver of placement of an 189 ignition interlock device was given to such person; 190 amending s. 322.28, F.S., relating to revocation of 191 driver license for convictions of DUI offenses; 192 providing that convictions occurring on the same date 193 for offenses occurring on separate dates are 194 considered separate convictions; removing a provision 195 relating to a court order for reinstatement of a 196 revoked license; repealing s. 322.331, F.S., relating 197 to habitual traffic offenders; amending s. 322.61, 198 F.S.; revising provisions for disqualification from 199 operating a commercial motor vehicle; providing for 200 application of such provisions to persons holding a 201 commercial learner’s permit; revising the offenses for 202 which certain disqualifications apply; amending s. 203 324.0221, F.S.; revising the actions which must be 204 reported to the department by an insurer that has 205 issued a policy providing personal injury protection 206 coverage or property damage liability coverage; 207 revising time allowed for submitting the report; 208 amending s. 324.031, F.S.; revising the methods a 209 vehicle owner or operator may use to prove financial 210 responsibility; removing a provision for posting a 211 bond with the department; amending s. 324.091, F.S.; 212 revising provisions requiring motor vehicle owners and 213 operators to provide evidence to the department of 214 liability insurance coverage under certain 215 circumstances; revising provisions for verification by 216 insurers of such evidence; amending s. 324.161, F.S.; 217 providing requirements for issuance of a certificate 218 of insurance; requiring proof of a certificate of 219 deposit of a certain amount of money in a financial 220 institution; providing for power of attorney to be 221 issued to the department for execution under certain 222 circumstances; amending s. 328.01, F.S., relating to 223 vessel titles; revising identification requirements 224 for applications for a certificate of title; amending 225 s. 328.48, F.S., relating to vessel registration; 226 revising identification requirements for applications 227 for vessel registration; amending s. 328.76, F.S., 228 relating to vessel registration funds; revising 229 provisions for funds to be deposited into the Highway 230 Safety Operating Trust Fund; amending ss. 212.08, 231 261.03, 316.2122, 316.2124, 316.21265, 316.3026, 232 316.550, 317.0003, 320.08, 320.0847, 322.271, 322.282, 233 324.023, 324.171, 324.191, 627.733, and 627.7415, 234 F.S.; correcting cross-references and conforming 235 provisions to changes made by the act; providing an 236 effective date. 237 238 Be It Enacted by the Legislature of the State of Florida: 239 240 Section 1. Section 207.002, Florida Statutes, is reordered 241 and amended to read: 242 207.002 Definitions.—As used in this chapter, the term: 243(1) “Apportioned motor vehicle” means any motor vehicle244which is required to be registered under the International245Registration Plan.246 (1)(2)“Commercial motor vehicle” means any vehicle not 247 owned or operated by a governmental entity which uses diesel 248 fuel or motor fuel on the public highways; and which has a gross 249 vehicle weight in excess of 26,000 pounds, or has three or more 250 axles regardless of weight, or is used in combination when the 251 weight of such combination exceeds 26,000 pounds gross vehicle 252 weight. The term excludes any vehicle owned or operated by a 253 community transportation coordinator as defined in s. 427.011 or 254 by a private operator that provides public transit services 255 under contract with such a provider. 256 (2)(3)“Department” means the Department of Highway Safety 257 and Motor Vehicles. 258 (7)(4)“Motor carrier” means any person owning, 259 controlling, operating, or managing any motor vehicle used to 260 transport persons or property over any public highway. 261 (8)(5)“Motor fuel” means what is commonly known and sold 262 as gasoline and fuels containing a mixture of gasoline and other 263 products. 264 (9)(6)“Operate,” “operated,” “operation,” or “operating” 265 means and includes the utilization in any form of any commercial 266 motor vehicle, whether loaded or empty, whether utilized for 267 compensation or not for compensation, and whether owned by or 268 leased to the motor carrier who uses it or causes it to be used. 269 (10)(7)“Person” means and includes natural persons, 270 corporations, copartnerships, firms, companies, agencies, or 271 associations, singular or plural. 272 (11)(8)“Public highway” means any public street, road, or 273 highway in this state. 274 (3)(9)“Diesel fuel” means any liquid product or gas 275 product or combination thereof, including, but not limited to, 276 all forms of fuel known or sold as diesel fuel, kerosene, butane 277 gas, or propane gas and all other forms of liquefied petroleum 278 gases, except those defined as “motor fuel,” used to propel a 279 motor vehicle. 280 (13)(10)“Use,” “uses,” or “used” means the consumption of 281 diesel fuel or motor fuel in a commercial motor vehicle for the 282 propulsion thereof. 283 (4)(11)“International Registration Plan” means a 284 registration reciprocity agreement among states of the United 285 States and provinces of Canada providing for payment of license 286 fees or license taxes on the basis of fleet miles operated in 287 various jurisdictions. 288(12) “Apportionable vehicle” means any vehicle, except a289recreational vehicle, a vehicle displaying restricted plates, a290municipal pickup and delivery vehicle, a bus used in291transportation of chartered parties, and a government-owned292vehicle, which is used or intended for use in two or more states293of the United States or provinces of Canada that allocate or294proportionally register vehicles and which is used for the295transportation of persons for hire or is designed, used, or296maintained primarily for the transportation of property and:297(a) Is a power unit having a gross vehicle weight in excess298of 26,000 pounds;299(b) Is a power unit having three or more axles, regardless300of weight; or301(c) Is used in combination, when the weight of such302combination exceeds 26,000 pounds gross vehicle weight.303 (5)(13)“Interstate” means vehicle movement between or 304 through two or more states. 305 (6)(14)“Intrastate” means vehicle movement from one point 306 within a state to another point within the same state. 307 (12)(15)“Registrant” means a person in whose name or names 308 a vehicle is properly registered. 309 Section 2. Subsection (1) of section 316.1937, Florida 310 Statutes, is amended to read: 311 316.1937 Ignition interlock devices, requiring; unlawful 312 acts.— 313 (1) In addition to any other authorized penalties, the 314 court may require that any person who is convicted of driving 315 under the influence in violation of s. 316.193 shall not operate 316 a motor vehicle unless that vehicle is equipped with a 317 functioning ignition interlock device certified by the 318 department as provided in s. 316.1938, and installed in such a 319 manner that the vehicle will not start if the operator’s blood 320 alcohol level is in excess of 0.0250.05percent or as otherwise 321 specified by the court. The court may require the use of an 322 approved ignition interlock device for a period of at leastnot323less than6 continuous months, if the person is permitted to 324 operate a motor vehicle, whether or not the privilege to operate 325 a motor vehicle is restricted, as determined by the court. The 326 court, however, shall order placement of an ignition interlock 327 device in those circumstances required by s. 316.193. 328 Section 3. Paragraph (b) of subsection (1), paragraph (a) 329 of subsection (4), and subsection (9) of section 316.302, 330 Florida Statutes, are amended to read: 331 316.302 Commercial motor vehicles; safety regulations; 332 transporters and shippers of hazardous materials; enforcement.— 333 (1) 334 (b) Except as otherwise provided in this section, all 335 owners or drivers of commercial motor vehicles that are engaged 336 in intrastate commerce are subject to the rules and regulations 337 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with 338 the exception of 49 C.F.R. s. 390.5 as it relates to the 339 definition of bus, as such rules and regulations existed on 340 December 31, 2012October 1, 2011. 341 (4)(a) Except as provided in this subsection, all 342 commercial motor vehicles transporting any hazardous material on 343 any road, street, or highway open to the public, whether engaged 344 in interstate or intrastate commerce, and any person who offers 345 hazardous materials for such transportation, are subject to the 346 regulations contained in 49 C.F.R. part 107, subparts F and 347subpartG, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180. 348 Effective July 1, 1997, the exceptions for intrastate motor 349 carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby 350 adopted. 351 (9)(a) This section is not applicable to the transporting352of liquefied petroleum gas. The rules and regulations applicable353to the transporting of liquefied petroleum gas on the highways,354roads, or streets of this state shall be only those adopted by355the Department of Agriculture and Consumer Services under356chapter 527. However, transporters of liquefied petroleum gas357must comply with the requirements of 49 C.F.R. parts 393 and358396.9.359(b)This section does not apply to any nonpublic sector 360 bus. 361 Section 4. Paragraph (b) of subsection (3) and subsection 362 (5) of section 316.3025, Florida Statutes, are amended to read: 363 316.3025 Penalties.— 364 (3) 365 (b) A civil penalty of $100 may be assessed for: 366 1. Each violation of the North American Uniform Driver Out 367 of-Service Criteria; 368 2. A violation of s. 316.302(2)(b) or (c); 369 3. A violation of 49 C.F.R. s. 392.60;or370 4. A violation of the North American Standard Vehicle Out 371 of-Service Criteria resulting from an inspection of a commercial 372 motor vehicle involved in a crash; or 373 5. A violation of 49 C.F.R. s. 391.41. 374 (5) Whenever any person or motor carrier as defined in 375 chapter 320 violates the provisions of this section and becomes 376 indebted to the state because of such violation and refuses to 377 pay the appropriate penalty, in addition to the provisions of s. 378 316.3026, such penalty becomes a lien upon the property 379 including the motor vehicles of such person or motor carrier and 380 may be seized and foreclosed by the state in a civil action in 381 any court of this state. It shall be presumed that the owner of 382 the motor vehicle is liable for the sum, and the vehicle may be 383 detained or impounded until the penalty is paid. 384 Section 5. Subsection (3) of section 316.545, Florida 385 Statutes, is amended to read: 386 316.545 Weight and load unlawful; special fuel and motor 387 fuel tax enforcement; inspection; penalty; review.— 388 (3) Any person who violates the overloading provisions of 389 this chapter shall be conclusively presumed to have damaged the 390 highways of this state by reason of such overloading, which 391 damage is hereby fixed as follows: 392 (a) When the excess weight is 200 pounds or less than the 393 maximum herein provided, the penalty shall be $10; 394 (b) Five cents per pound for each pound of weight in excess 395 of the maximum herein provided when the excess weight exceeds 396 200 pounds. However, whenever the gross weight of the vehicle or 397 combination of vehicles does not exceed the maximum allowable 398 gross weight, the maximum fine for the first 600 pounds of 399 unlawful axle weight shall be $10; 400 (c) For a vehicle equipped with fully functional idle 401 reduction technology, any penalty shall be calculated by 402 reducing the actual gross vehicle weight or the internal bridge 403 weight by the certified weight of the idle-reduction technology 404 or by 400 pounds, whichever is less. The vehicle operator must 405 present written certification of the weight of the idle 406 reduction technology and must demonstrate or certify that the 407 idle-reduction technology is fully functional at all times. This 408 calculation is not allowed for vehicles described in s. 409 316.535(6); 410 (d) An apportionableapportioned motorvehicle, as defined 411 in s. 320.01, operating on the highways of this state without 412 being properly licensed and registered shall be subject to the 413 penalties ashereinprovided in this section; and 414 (e) Vehicles operating on the highways of this state from 415 nonmember International Registration Plan jurisdictions which 416 are not in compliance with the provisions of s. 316.605 shall be 417 subject to the penalties as herein provided. 418 Section 6. Subsection (1) of section 316.646, Florida 419 Statutes, is amended, and subsection (5) is added to that 420 section, to read: 421 316.646 Security required; proof of security and display 422 thereof; dismissal of cases.— 423 (1) Any person required by s. 324.022 to maintain property 424 damage liability security, required by s. 324.023 to maintain 425 liability security for bodily injury or death, or required by s. 426 627.733 to maintain personal injury protection security on a 427 motor vehicle shall have in his or her immediate possession at 428 all times while operating such motor vehicle proper proof of 429 maintenance of the required security. 430 (a) Such proof shall be in a uniform paper or electronic 431 format, asproof-of-insurance card in a formprescribed by the 432 department, a valid insurance policy, an insurance policy 433 binder, a certificate of insurance, or such other proof as may 434 be prescribed by the department. 435 (b)1. The act of presenting to a law enforcement officer an 436 electronic device displaying proof of insurance in an electronic 437 format does not constitute consent for the officer to access any 438 information on the device other than the displayed proof of 439 insurance. 440 2. The person who presents the device to the officer 441 assumes the liability for any resulting damage to the device. 442 (5) The department shall adopt rules to administer this 443 section. 444 Section 7. Section 317.0016, Florida Statutes, is amended 445 to read: 446 317.0016 Expedited service; applications; fees.—The 447 department shall provide, through its agents and for use by the 448 public, expedited service on title transfers, title issuances, 449 duplicate titles, and recordation of liens, and certificates of450repossession. A fee of $7 shall be charged for this service, 451 which is in addition to the fees imposed by ss. 317.0007 and 452 317.0008, and $3.50 of this fee shall be retained by the 453 processing agency. All remaining fees shall be deposited in the 454 Incidental Trust Fund of the Florida Forest Service of the 455 Department of Agriculture and Consumer Services. Application for 456 expedited service may be made by mail or in person. The 457 department shall issue each title applied for pursuant to this 458 section within 5 working days after receipt of the application 459 except for an application for a duplicate title certificate 460 covered by s. 317.0008(3), in which case the title must be 461 issued within 5 working days after compliance with the 462 department’s verification requirements. 463 Section 8. Subsections (9) and (10) of section 318.14, 464 Florida Statutes, are amended to read: 465 318.14 Noncriminal traffic infractions; exception; 466 procedures.— 467 (9) Any person who does not hold a commercial driver 468 license or commercial learner’s permit and who is cited while 469 driving a noncommercial motor vehicle for an infraction under 470 this section other than a violation of s. 316.183(2), s. 471 316.187, or s. 316.189 when the driver exceeds the posted limit 472 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or 473 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in 474 lieu of a court appearance, elect to attend in the location of 475 his or her choice within this state a basic driver improvement 476 course approved by the Department of Highway Safety and Motor 477 Vehicles. In such a case, adjudication must be withheld and 478 points, as provided by s. 322.27, may not be assessed. However, 479 a person may not make an election under this subsection if the 480 person has made an election under this subsection in the 481 preceding 12 months. A person may not make more than five 482 elections within his or her lifetime under this subsection. The 483 requirement for community service under s. 318.18(8) is not 484 waived by a plea of nolo contendere or by the withholding of 485 adjudication of guilt by a court. If a person makes an election 486 to attend a basic driver improvement course under this 487 subsection, 18 percent of the civil penalty imposed under s. 488 318.18(3) shall be deposited in the State Courts Revenue Trust 489 Fund; however, that portion is not revenue for purposes of s. 490 28.36 and may not be used in establishing the budget of the 491 clerk of the court under that section or s. 28.35. 492 (10)(a) Any person who does not hold a commercial driver 493 license or commercial learner’s permit and who is cited while 494 driving a noncommercial motor vehicle for an offense listed 495 under this subsection may, in lieu of payment of fine or court 496 appearance, elect to enter a plea of nolo contendere and provide 497 proof of compliance to the clerk of the court, designated 498 official, or authorized operator of a traffic violations bureau. 499 In such case, adjudication shall be withheld; however, a person 500 may not make an election under this subsection if the person has 501 made an election under this subsection in the preceding 12 502 months. A person may not make more than three elections under 503 this subsection. This subsection applies to the following 504 offenses: 505 1. Operating a motor vehicle without a valid driver license 506 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or 507 operating a motor vehicle with a license that has been suspended 508 for failure to appear, failure to pay civil penalty, or failure 509 to attend a driver improvement course pursuant to s. 322.291. 510 2. Operating a motor vehicle without a valid registration 511 in violation of s. 320.0605, s. 320.07, or s. 320.131. 512 3. Operating a motor vehicle in violation of s. 316.646. 513 4. Operating a motor vehicle with a license that has been 514 suspended under s. 61.13016 or s. 322.245 for failure to pay 515 child support or for failure to pay any other financial 516 obligation as provided in s. 322.245; however, this subparagraph 517 does not apply if the license has been suspended pursuant to s. 518 322.245(1). 519 5. Operating a motor vehicle with a license that has been 520 suspended under s. 322.091 for failure to meet school attendance 521 requirements. 522 (b) Any person cited for an offense listed in this 523 subsection shall present proof of compliance before the 524 scheduled court appearance date. For the purposes of this 525 subsection, proof of compliance shall consist of a valid, 526 renewed, or reinstated driver license or registration 527 certificate and proper proof of maintenance of security as 528 required by s. 316.646. Notwithstanding waiver of fine, any 529 person establishing proof of compliance shall be assessed court 530 costs of $25, except that a person charged with violation of s. 531 316.646(1)-(3) may be assessed court costs of $8. One dollar of 532 such costs shall be remitted to the Department of Revenue for 533 deposit into the Child Welfare Training Trust Fund of the 534 Department of Children and Family Services. One dollar of such 535 costs shall be distributed to the Department of Juvenile Justice 536 for deposit into the Juvenile Justice Training Trust Fund. 537 Fourteen dollars of such costs shall be distributed to the 538 municipality and $9 shall be deposited by the clerk of the court 539 into the fine and forfeiture fund established pursuant to s. 540 142.01, if the offense was committed within the municipality. If 541 the offense was committed in an unincorporated area of a county 542 or if the citation was for a violation of s. 316.646(1)-(3), the 543 entire amount shall be deposited by the clerk of the court into 544 the fine and forfeiture fund established pursuant to s. 142.01, 545 except for the moneys to be deposited into the Child Welfare 546 Training Trust Fund and the Juvenile Justice Training Trust 547 Fund. This subsection does not authorize the operation of a 548 vehicle without a valid driver license, without a valid vehicle 549 tag and registration, or without the maintenance of required 550 security. 551 Section 9. Section 318.1451, Florida Statutes, is amended 552 to read: 553 318.1451 Driver improvement schools.— 554 (1)(a)The departmentof Highway Safety and Motor Vehicles555 shall approve and regulate the courses of all driver improvement 556 schools, as the courses relate to ss. 318.14(9), 322.0261, and 557 322.291, including courses that use technology as a delivery 558 method.The chief judge of the applicable judicial circuit may559establish requirements regarding the location of schools within560the judicial circuit. A person may engage in the business of561operating a driver improvement school that offers department562approved courses related to ss.318.14(9),322.0261, and563322.291.564(b) The Department of Highway Safety and Motor Vehicles565shall approve and regulate courses that use technology as the566delivery method of all driver improvement schools as the courses567relate to ss.318.14(9) and322.0261.568 (2)(a) In determining whether to approve the courses 569 referenced in this section, the department shall consider course 570 content designed to promote safety, driver awareness, crash 571 avoidance techniques, and other factors or criteria to improve 572 driver performance from a safety viewpoint, including promoting 573 motorcyclist, bicyclist, and pedestrian safety and risk factors 574 resulting from driver attitude and irresponsible driver 575 behaviors, such as speeding, running red lights and stop signs, 576 and using electronic devices while driving. Initial approval of 577 the courses shall also be based on the department’s review of 578 all course materials, course presentation to the department by 579 the provider, and the provider’s plan for effective oversight of 580 the course by those who deliver the course in the state. New 581 courses shall be provisionally approved and limited to the 582 judicial circuit originally approved for pilot testing until the 583 course is fully approved by the department for statewide 584 delivery. 585 (b) In determining whether to approve courses of driver 586 improvement schools that use technology as the delivery method 587 as the courses relate to ss. 318.14(9) and 322.0261, the 588 department shall consider only those courses submitted by a 589 person, business, or entity which have approval for statewide 590 delivery. 591 (3) The departmentof Highway Safety and Motor Vehicles592 shall not acceptsuspend acceptingproof of attendance of 593 courses from persons who attend those schools that do not teach 594 an approved course.In those circumstances, a person who has595elected to take courses from such a school shall receive a596refund from the school, and the person shall have the597opportunity to take the course at another school.598 (4) In addition to a regular course fee, an assessment fee 599 in the amount of $2.50 shall be collected by the school from 600 each person who elects to attend a course, as it relates to ss. 601 318.14(9), 322.0261, 322.291, and 627.06501. The course provider 602 must remit the $2.50 assessment fee to the department for 603 deposit into, which shall be remitted to the Department of604Highway Safety and Motor Vehicles and deposited inthe Highway 605 Safety Operating Trust Fund in order to receive unique course 606 completion certificate numbers for course participants. The 607 assessment fee will be used to administer this program and to 608 fund the general operations of the department. 609 (5)(a) The department is authorized to maintain the 610 information and records necessary to administer its duties and 611 responsibilities for driver improvement courses. Course 612 providers are required to maintain all records related to the 613 conduct of their approved courses for 5 years and allow the 614 department to inspect course records as necessary. Records may 615 be maintained in an electronic format. IfWheresuch information 616 is a public record as defined in chapter 119, it shall be made 617 available to the public upon request pursuant to s. 119.07(1). 618 (b) The department or court may prepare a traffic school 619 reference guide which lists the benefits of attending a driver 620 improvement school and contains the names of the fully approved 621 course providers with a single telephone number for each 622 provider as furnished by the provider. 623 (6) The department shall adopt rules establishing and 624 maintaining policies and procedures to implement the 625 requirements of this section. These policies and procedures may 626 include, but shall not be limited to, the following: 627 (a) Effectiveness studies.—The department shall conduct 628 effectiveness studies on each type of driver improvement course 629 pertaining to ss. 318.14(9), 322.0261, and 322.291 on a 630 recurring 5-year basis, including in the study process the 631 consequence of failed studies. 632 (b) Required updates.—The department may require that 633 courses approved under this section be updated at the 634 department’s request. Failure of a course provider to update the 635 course under this section shall result in the suspension of the 636 course approval until the course is updated and approved by the 637 department. 638 (c) Course conduct.—The department shall require that the 639 approved course providers ensure their driver improvement 640 schools are conducting the approved course fully and to the 641 required time limit and content requirements. 642 (d) Course content.—The department shall set and modify 643 course content requirements to keep current with laws and safety 644 information. Course content includes all items used in the 645 conduct of the course. 646 (e) Course duration.—The department shall set the duration 647 of all course types. 648 (f) Submission of records.—The department shall require 649 that all course providers submit course completion information 650 to the department through the department’s Driver Improvement 651 Certificate Issuance System within 5 days. 652 (g) Sanctions.—The department shall develop the criteria to 653 sanction the course approval of a course provider for any 654 violation of this section or any other law that pertains to the 655 approval and use of driver improvement courses. 656 (h) Miscellaneous requirements.—The department shall 657 require that all course providers: 658 1. Disclose all fees associated with courses offered by the 659 provider and associated driver improvement schools and not 660 charge any fees that are not disclosed during registration. 661 2. Provide proof of ownership, copyright, or written 662 permission from the course owner to use the course in this 663 state. 664 3. Ensure that any course that is offered in a classroom 665 setting, by the provider or a school authorized by the provider 666 to teach the course, is offered the course at locations that are 667 free from distractions and reasonably accessible to most 668 applicants. 669 4. Issue a certificate to persons who successfully complete 670 the course. 671 Section 10. Section 319.225, Florida Statutes, is amended 672 to read: 673 319.225 Transfer and reassignment forms; odometer 674 disclosure statements.— 675 (1) Every certificate of title issued by the department 676 must contain the following statement on its reverse side: 677 “Federal and state law require the completion of the odometer 678 statement set out below. Failure to complete or providing false 679 information may result in fines, imprisonment, or both.” 680 (2) Each certificate of title issued by the department must 681 contain on its frontreverseside a form for transfer of title 682 by the titleholder of record, which form must contain an 683 odometer disclosure statement in the form required by 49 C.F.R. 684 s. 580.5. 685 (3) Each certificate of title issued by the department must 686 contain on its reverse side as many forms as space allows for 687 reassignment of title by a licensed dealer as permitted by s. 688 319.21(3), which form or forms shall contain an odometer 689 disclosure statement in the form required by 49 C.F.R. s. 580.5. 690 When all dealer reassignment forms provided on the back of the 691 title certificate have been filled in, a dealer may reassign the 692 title certificate by using a separate dealer reassignment form 693 issued by the department in compliance with 49 C.F.R. ss. 580.4 694 and 580.5, which form shall contain an original thattwo carbon695copies one of whichshall be submitteddirectlyto the 696 department by the dealerwithin 5 business days after the697transferand a copy thatone of whichshall be retained by the 698 dealer in his or her records for 5 years. The provisions of this 699 subsection shall also apply to vehicles not previously titled in 700 this state and vehicles whose title certificates do not contain 701 the forms required by this section. 702 (4) Upon transfer or reassignment of a certificate of title 703 to a used motor vehicle, the transferor shall complete the 704 odometer disclosure statement provided for by this section and 705 the transferee shall acknowledge the disclosure by signing and 706 printing his or her name in the spaces provided. This subsection 707 does not apply to a vehicle that has a gross vehicle rating of 708 more than 16,000 pounds, a vehicle that is not self-propelled, 709 or a vehicle that is 10 years old or older. A lessor who 710 transfers title to his or her vehicle without obtaining 711 possession of the vehicle shall make odometer disclosure as 712 provided by 49 C.F.R. s. 580.7. Any person who fails to complete 713 or acknowledge a disclosure statement as required by this 714 subsection is guilty of a misdemeanor of the second degree, 715 punishable as provided in s. 775.082 or s. 775.083. The 716 department may not issue a certificate of title unless this 717 subsection has been complied with. 718 (5) The same person may not sign a disclosure statement as 719 both the transferor and the transferee in the same transaction 720 except as provided in subsection (6). 721 (6)(a) If the certificate of title is physically held by a 722 lienholder, the transferor may give a power of attorney to his 723 or her transferee for the purpose of odometer disclosure. The 724 power of attorney must be on a form issued or authorized by the 725 department, which form must be in compliance with 49 C.F.R. ss. 726 580.4 and 580.13. The department shall not require the signature 727 of the transferor to be notarized on the form; however, in lieu 728 of notarization, the form shall include an affidavit with the 729 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I 730 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 731 ARE TRUE. The transferee shall sign the power of attorney form, 732 print his or her name, and return a copy of the power of 733 attorney form to the transferor. Upon receipt of a title 734 certificate, the transferee shall complete the space for mileage 735 disclosure on the title certificate exactly as the mileage was 736 disclosed by the transferor on the power of attorney form. If 737 the transferee is a licensed motor vehicle dealer who is 738 transferring the vehicle to a retail purchaser, the dealer shall 739 make application on behalf of the retail purchaser as provided 740 in s. 319.23(6) and shall submit the original power of attorney 741 form to the department with the application for title and the 742 transferor’s title certificate; otherwise, a dealer may reassign 743 the title certificate by using the dealer reassignment form in 744 the manner prescribed in subsection (3), and, at the time of 745 physical transfer of the vehicle, the original power of attorney 746 shall be delivered to the person designated as the transferee of 747 the dealer on the dealer reassignment form.A copy of the748executed power of attorney shall be submitted to the department749with a copy of the executed dealer reassignment form within 5750business days after the certificate of title and dealer751reassignment form are delivered by the dealer to its transferee.752 (b) If the certificate of title is lost or otherwise 753 unavailable, the transferor may give a power of attorney to his 754 or her transferee for the purpose of odometer disclosure. The 755 power of attorney must be on a form issued or authorized by the 756 department, which form must be in compliance with 49 C.F.R. ss. 757 580.4 and 580.13. The department shall not require the signature 758 of the transferor to be notarized on the form; however, in lieu 759 of notarization, the form shall include an affidavit with the 760 following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I 761 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT 762 ARE TRUE. The transferee shall sign the power of attorney form, 763 print his or her name, and return a copy of the power of 764 attorney form to the transferor. Upon receipt of the title 765 certificate or a duplicate title certificate, the transferee 766 shall complete the space for mileage disclosure on the title 767 certificate exactly as the mileage was disclosed by the 768 transferor on the power of attorney form. If the transferee is a 769 licensed motor vehicle dealer who is transferring the vehicle to 770 a retail purchaser, the dealer shall make application on behalf 771 of the retail purchaser as provided in s. 319.23(6) and shall 772 submit the original power of attorney form to the department 773 with the application for title and the transferor’s title 774 certificate or duplicate title certificate; otherwise, a dealer 775 may reassign the title certificate by using the dealer 776 reassignment form in the manner prescribed in subsection (3), 777 and, at the time of physical transfer of the vehicle, the 778 original power of attorney shall be delivered to the person 779 designated as the transferee of the dealer on the dealer 780 reassignment form. If the dealer sells the vehicle to an out-of 781 state resident or an out-of-state dealer and the power of 782 attorney form is applicable to the transaction, the dealer must 783 photocopy the completed original of the form and mail it 784 directly to the department within 5 business days after the 785 certificate of title and dealer reassignment form are delivered 786 by the dealer to its purchaser.A copy of the executed power of787attorney shall be submitted to the department with a copy of the788executed dealer reassignment form within 5 business days after789the duplicate certificate of title and dealer reassignment form790are delivered by the dealer to its transferee.791 (c) If the mechanics of the transfer of title to a motor 792 vehicle in accordance with the provisions of paragraph (a) or 793 paragraph (b) are determined to be incompatible with and 794 unlawful under the provisions of 49 C.F.R. part 580, the 795 transfer of title to a motor vehicle by operation of this 796 subsection can be effected in any manner not inconsistent with 797 49 C.F.R. part 580 and Florida law; provided, any power of 798 attorney form issued or authorized by the department under this 799 subsection shall contain an original thattwo carbon copies, one800of whichshall be submitteddirectlyto the department by the 801 dealerwithin 5 business days of use by the dealerto effect 802 transfer of a title certificate as provided in paragraphs (a) 803 and (b) and a copy thatone of whichshall be retained by the 804 dealer in its records for 5 years. 805 (d) Any person who fails to complete the information 806 required by this subsection or to file with the department the 807 forms required by this subsection is guilty of a misdemeanor of 808 the second degree, punishable as provided in s. 775.082 or s. 809 775.083. The department shall not issue a certificate of title 810 unless this subsection has been complied with. 811 (7) If a title is held electronically and the transferee 812 agrees to maintain the title electronically, the transferor and 813 transferee shall complete a secure reassignment document that 814 discloses the odometer reading and is signed by both the 815 transferor and transferee at the tax collector office or license 816 plate agency. Each certificate of title issued by the department 817 must contain on its reverse side a minimum of threefourspaces 818 for notation of the name and license number of any auction 819 through which the vehicle is sold and the date the vehicle was 820 auctioned. Each separate dealer reassignment form issued by the 821 department must also have the space referred to in this section. 822 When a transfer of title is made at a motor vehicle auction, the 823 reassignment must note the name and address of the auction, but 824 the auction shall not thereby be deemed to be the owner, seller, 825 transferor, or assignor of title. A motor vehicle auction is 826 required to execute a dealer reassignment only when it is the 827 owner of a vehicle being sold. 828 (8) Upon transfer or reassignment of a used motor vehicle 829 through the services of an auction, the auction shall complete 830 the information in the space provided for by subsection (7). Any 831 person who fails to complete the information as required by this 832 subsection is guilty of a misdemeanor of the second degree, 833 punishable as provided in s. 775.082 or s. 775.083. The 834 department shall not issue a certificate of title unless this 835 subsection has been complied with. 836 (9) This section shall be construed to conform to 49 C.F.R. 837 part 580. 838 Section 11. Subsection (9) of section 319.23, Florida 839 Statutes, is amended to read: 840 319.23 Application for, and issuance of, certificate of 841 title.— 842 (9) The title certificate or application for title must 843 contain the applicant’s full first name, middle initial, last 844 name, date of birth, sex, and the license plate number. An 845 individual applicant must providepersonal or business846identification, which may include, but need not be limited to,a 847 valid driverdriver’slicense or identification card issued by 848number,Florida or another state, or a valid passport. A 849 business applicant must provide aidentification card number, or850 federal employer identification number, if applicable, 851 verification that the business is authorized to conduct business 852 in the state, or a Florida city or county business license or 853 number. In lieu ofandthe license plate number the individual 854 or business applicant must provideor, in lieu thereof,an 855 affidavit certifying that the motor vehicle to be titled will 856 not be operated upon the public highways of this state. 857 Section 12. Paragraph (b) of subsection (2) of section 858 319.28, Florida Statutes, is amended to read: 859 319.28 Transfer of ownership by operation of law.— 860 (2) 861 (b) In case of repossession of a motor vehicle or mobile 862 home pursuant to the terms of a security agreement or similar 863 instrument, an affidavit by the party to whom possession has 864 passed stating that the vehicle or mobile home was repossessed 865 upon default in the terms of the security agreement or other 866 instrument shall be considered satisfactory proof of ownership 867 and right of possession. At least 5 days prior to selling the 868 repossessed vehicle, any subsequent lienholder named in the last 869 issued certificate of title shall be sent notice of the 870 repossession by certified mail, on a form prescribed by the 871 department. If such notice is given and no written protest to 872 the department is presented by a subsequent lienholder within 15 873 days afterfromthe date on which the notice was mailed, the 874 certificate of titleor the certificate of repossessionshall be 875 issued showing no liens. If the former owner or any subsequent 876 lienholder files a written protest under oath within such 15-day 877 period, the department shall not issue the certificate of title 878or certificate of repossessionfor 10 days thereafter. If within 879 the 10-day period no injunction or other order of a court of 880 competent jurisdiction has been served on the department 881 commanding it not to deliver the certificate of titleor882certificate of repossession, the department shall deliver the 883 certificate of titleor repossessionto the applicant or as may 884 otherwise be directed in the application showing no other liens 885 than those shown in the application. Any lienholder who has 886 repossessed a vehicle in this state in compliance with the 887 provisions of this section must apply to a tax collector’s 888 office in this state or to the department for acertificate of889repossession or to the department for acertificate of title 890 pursuant to s. 319.323. Proof of the required notice to 891 subsequent lienholders shall be submitted together with regular 892 title fees.A lienholder to whom a certificate of repossession893has been issued may assign the certificate of title to the894subsequent owner.Any person found guilty of violating any 895 requirements of this paragraph shall be guilty of a felony of 896 the third degree, punishable as provided in s. 775.082, s. 897 775.083, or s. 775.084. 898 Section 13. Section 319.323, Florida Statutes, is amended 899 to read: 900 319.323 Expedited service; applications; fees.—The 901 department shall establish a separate title office which may be 902 used by private citizens and licensed motor vehicle dealers to 903 receive expedited service on title transfers, title issuances, 904 duplicate titles, and recordation of liens, and certificates of905repossession. A fee of $10 shall be charged for this service, 906 which fee is in addition to the fees imposed by s. 319.32. The 907 fee, after deducting the amount referenced by s. 319.324 and 908 $3.50 to be retained by the processing agency, shall be 909 deposited into the General Revenue Fund. Application for 910 expedited service may be made by mail or in person. The 911 department shall issue each title applied for under this section 912 within 5 working days after receipt of the application except 913 for an application for a duplicate title certificate covered by 914 s. 319.23(4), in which case the title must be issued within 5 915 working days after compliance with the department’s verification 916 requirements. 917 Section 14. Subsections (24) through (46) of section 918 320.01, Florida Statutes, are renumbered as subsections (23) 919 through (45), respectively, and present subsections (23) and 920 (25) of that section are amended to read: 921 320.01 Definitions, general.—As used in the Florida 922 Statutes, except as otherwise provided, the term: 923(23) “Apportioned motor vehicle” means any motor vehicle924which is required to be registered, or with respect to which an925election has been made to register it, under the International926Registration Plan.927 (24)(25)“Apportionable vehicle” means any vehicle, except 928 recreational vehicles, vehicles displaying restricted plates, 929 city pickup and delivery vehicles, buses used in transportation 930 of chartered parties, and government-owned vehicles, which is 931 used or intended for use in two or more member jurisdictions 932 that allocate or proportionally register vehicles and which is 933 used for the transportation of persons for hire or is designed, 934 used, or maintained primarily for the transportation of property 935 and: 936 (a) Is a power unit having a gross vehicle weight in excess 937 of 26,00026,001pounds; 938 (b) Is a power unit having three or more axles, regardless 939 of weight; or 940 (c) Is used in combination, when the weight of such 941 combination exceeds 26,00026,001pounds gross vehicle weight. 942 943 Vehicles, or combinations thereof, having a gross vehicle weight 944 of 26,00026,001pounds or less and two-axle vehicles may be 945 proportionally registered. 946 Section 15. Paragraph (a) of subsection (2) of section 947 320.02, Florida Statutes, is amended to read: 948 320.02 Registration required; application for registration; 949 forms.— 950 (2)(a) The application for registration shall include the 951 street address of the owner’s permanent residence or the address 952 of his or her permanent place of business and shall be 953 accompanied by personal or business identification information. 954 An individual applicant must providewhich may include, but need955not be limited to,a valid driver license ornumber, Florida956 identification card issued by this state or another state or a 957 valid passport. A business applicant must provide anumber, or958 federal employer identification number, if applicable, or 959 verification that the business is authorized to conduct business 960 in the state, or a Florida city or county business license or 961 number. 962 1. If the owner does not have a permanent residence or 963 permanent place of business or if the owner’s permanent 964 residence or permanent place of business cannot be identified by 965 a street address, the application shall include: 966 a.1.If the vehicle is registered to a business, the name 967 and street address of the permanent residence of an owner of the 968 business, an officer of the corporation, or an employee who is 969 in a supervisory position. 970 b.2.If the vehicle is registered to an individual, the 971 name and street address of the permanent residence of a close 972 relative or friend who is a resident of this state. 973 2. If the vehicle is registered to an active duty member of 974 the Armed Forces of the United States who is a Florida resident, 975 the active duty member is exempt from the requirement to provide 976 the street address of a permanent residence. 977 Section 16. Subsection (7) of section 320.03, Florida 978 Statutes, is amended to read: 979 320.03 Registration; duties of tax collectors; 980 International Registration Plan.— 981 (7) The Department of Highway Safety and Motor Vehicles 982 shall register apportionableapportioned motorvehicles under 983 theprovisions of theInternational Registration Plan. The 984 department may adopt rules to implement and enforce the 985 provisions of the plan. 986 Section 17. Section 320.05, Florida Statutes, is amended to 987 read: 988 320.05 Records of the department; inspection procedure; 989 lists and searches; fees.— 990 (1) Except as provided in chapter 119 and s. 320.025(3), 991 the department may release records as provided in this section. 992 (2) Upon receipt of an application for the registration of 993 a motor vehicle, vessel, or mobile home, as herein provided for, 994 the department shall register the motor vehicle, vessel, or 995 mobile home under the distinctive number assigned to such motor 996 vehicle, vessel, or mobile home by the department.Electronic997registration records shall be open to the inspection of the998public during business hours.999 (3) Information on a motor vehicle,orvessel, mobile home, 1000 driver license, or crash recordregistrationmay not be made 1001 available to a person unless the person requesting the 1002 information furnishespositive proof ofidentification. The 1003 agencythat furnishes a motor vehicle or vessel registration1004recordshall record the name and address of any person other 1005 than a representative of a law enforcement agency who requests 1006 and receives information from a motor vehicleorvessel, mobile 1007 home, driver license, or crashregistrationrecord and shall 1008 also record the name and address of the person who is the 1009 subject of the inquiry or other information identifying the 1010 entity about which information is requested. A record of each 1011suchinquiry must be maintained for a period of 6 months from 1012 the date upon which the information was released to the 1013 inquirer.Nothing in this section shall prohibit any financial1014institution, insurance company, motor vehicle dealer, licensee1015under chapter 493, attorney, or other agency which the1016department determines has the right to know from obtaining, for1017professional or business use only, information in such records1018from the department through any means of telecommunication1019pursuant to a code developed by the department providing all1020fees specified in subsection (3) have been paid.The department 1021 shall disclose records or information to the child support 1022 enforcement agency to assist in the location of individuals who 1023 owe or potentially owe support, as defined in s. 409.2554, or to 1024 whom such an obligation is owed pursuant to Title IV-D of the 1025 Social Security Act. 1026 (4)(3)(a) The department is authorized, upon application of 1027 any person and payment of the proper fees, to prepare and 1028 furnish lists containing motor vehicle,orvessel, mobile home, 1029 driver license, or crash record information in such form as the 1030 department may authorize, to search the records of the 1031 department and make reports thereof, and to make photographic 1032 copies of the department records and attestations thereof. 1033 (b) The department shall charge fees for services and 1034 documentstherefor shall be charged and collectedas follows: 1035 1. For providing lists of motor vehicle,orvessel, mobile 1036 home, driver license, or crash records for the entire state, or 1037 any partor partsthereof,divided according to counties,a sum 1038 computed at a rate of not less than 1 cent nor more than 5 cents 1039 per item. 1040 2. For providingnoncertified photographic copies ofmotor 1041 vehicle,orvessel, mobile home, or driver license supporting 1042 documents or verification letters, $1 per page. 10433. For providing noncertified photographic copies of1044micrographic records, $1 per page.1045 3.4.For certifying records purchased under subparagraph 2. 1046providing certified copies of motor vehicle or vessel records, 1047 $3 per record. 10485. For providing noncertified computer-generated printouts1049of motor vehicle or vessel records, 50 cents per record.10506. For providing certified computer-generated printouts of1051motor vehicle or vessel records, $3 per record.1052 4.7.For providing electronic access to motor vehicle, 1053 vessel, and mobile home registration data requested by tag, 1054 vehicle identification number, title number, or decal number, 50 1055 cents per item. 1056 5.8.For providing electronic access to driverdriver’s1057 license status report by name, sex, and date of birth or by 1058 driver license number, 50 cents per item. 1059 6.9.For providing lists of licensed mobile home dealers 1060 and manufacturers and recreational vehicle dealers and 1061 manufacturers, $15 per list. 1062 7.10.For providing lists of licensed motor vehicle 1063 dealers, $25 per list. 106411. For each copy of a videotape record, $15 per tape.106512. For each copy of the Division of Motorist Services1066Procedures Manual, $25.1067 (c) Fees collected pursuant to paragraph (b) shall be 1068 deposited into the Highway Safety Operating Trust Fund. 1069 (d) The department shall furnish such information without 1070 charge to any court or governmental entity. 1071 (e) When motor vehicle, vessel, or mobile home registration 1072 data is provided by electronic access through a tax collector’s 1073 office, the applicable fee as provided in paragraph (b) must be 1074 collected and deposited pursuant to paragraph (c). However, when 1075 such registration data is obtained through an electronic system 1076 described in s. 320.03(10), s. 320.0609, or s. 320.131 and 1077 results in the issuance of a title certificate or the 1078 registration credential, such fee shall not apply. 1079 (5)(4)The department is authorized to reproduce such 1080 documents, records, and reports as required to meet the 1081 requirements of the law and the needs of the public, either by 1082 photographing, microphotographing, or reproducing on film the 1083 document, record, or report, or by using an electronic 1084 digitizing process capable of reproducing a true and correct 1085 image of the original source document. The photographs, 1086 microphotographs, or electronic digitized copy of any records 1087 made in compliance with the provisions of this section shall 1088 have the same force and effect as the originals thereof and 1089 shall be treated as originals for the purpose of their 1090 admissibility into evidence. Duly certified or authenticated 1091 reproductions of such photographs, microphotographs, or 1092 electronically digitized records shall be admitted into evidence 1093 equally with the original photographs, microphotographs, or 1094 electronically digitized records. 1095 (6)(5)The creation and maintenance of records by the 1096 Division of Motorist Services pursuant to this chapter shall not 1097 be regarded as law enforcement functions of agency 1098 recordkeeping. 1099 Section 18. Paragraph (b) of subsection (1) of section 1100 320.071, Florida Statutes, is amended to read: 1101 320.071 Advance registration renewal; procedures.— 1102 (1) 1103 (b) The owner of any apportionableapportioned motor1104 vehicle currently registered in this state under the 1105 International Registration Plan may file an application for 1106 renewal of registration with the department any time during the 1107 3 months preceding the date of expiration of the registration 1108 period. 1109 Section 19. Subsections (1) and (3) of section 320.0715, 1110 Florida Statutes, are amended to read: 1111 320.0715 International Registration Plan; motor carrier 1112 services; permits; retention of records.— 1113 (1) All apportionablecommercial motorvehicles domiciled 1114 in this stateand engaged in interstate commerceshall be 1115 registered in accordance withthe provisions ofthe 1116 International Registration Plan and shall displayapportioned1117 license plates. 1118 (3)(a) If the department is unable to immediately issue the 1119 apportioned license plate to an applicant currently registered 1120 in this state under the International Registration Plan or to a 1121 vehicle currently titled in this state, the department or its 1122 designated agent mayis authorized toissue a 60-day temporary 1123 operational permit. The department or agent of the department 1124 shall charge a $3 fee and the service charge authorized by s. 1125 320.04 for each temporary operational permit it issues. 1126 (b) The department may notshall in no eventissue a 1127 temporary operational permit for any apportionablecommercial1128motorvehicle to any applicant until the applicant has shown 1129 that: 1130 1. All sales or use taxes due on the registration of the 1131 vehicle are paid; and 1132 2. Insurance requirements have been met in accordance with 1133 ss. 320.02(5) and 627.7415. 1134 (c) Issuance of a temporary operational permit provides 1135commercial motor vehicleregistration privileges in each 1136 International Registration Plan member jurisdiction designated 1137 on said permit and therefore requires payment of all applicable 1138 registration fees and taxes due for that period of registration. 1139 (d) Application for permanent registration must be made to 1140 the department within 10 days from issuance of a temporary 1141 operational permit. Failure to file an application within this 1142 10-day period may result in cancellation of the temporary 1143 operational permit. 1144 Section 20. Subsection (1) of section 320.18, Florida 1145 Statutes, is amended to read: 1146 320.18 Withholding registration.— 1147 (1) The department may withhold the registration of any 1148 motor vehicle or mobile home the owner or coowner of which has 1149 failed to register it under the provisions of law for any 1150 previous period or periods for which it appears registration 1151 should have been made in this state,until the tax for such 1152 period or periods is paid. The department may cancel any vehicle 1153 or vessel registration, driverdriver’slicense, identification 1154 card, or fuel-use tax decal if the owner or coowner pays for any 1155thevehicle or vessel registration, driverdriver’slicense, 1156 identification card, or fuel-use tax decal; pays any 1157 administrative, delinquency, or reinstatement fee; or pays any 1158 tax liability, penalty, or interest specified in chapter 207 by 1159 a dishonored check, or if the vehicle owner or motor carrier has 1160 failed to pay a penalty for a weight or safety violation issued 1161 by the Department of Transportation or the Department of Highway 1162 Safety and Motor Vehicles. The Department of Transportation and 1163 the Department of Highway Safety and Motor Vehicles may impound 1164 any commercial motor vehicle that has a canceled license plate 1165 or fuel-use tax decal until the tax liability, penalty, and 1166 interest specified in chapter 207, the license tax, or the fuel 1167 use decal fee, and applicable administrative fees have been paid 1168 for by certified funds. 1169 Section 21. Subsection (3), paragraph (a) of subsection 1170 (4), and subsection (5) of section 320.27, Florida Statutes, are 1171 amended to read: 1172 320.27 Motor vehicle dealers.— 1173 (3) APPLICATION AND FEE.—The application for the license 1174 shall be in such form as may be prescribed by the department and 1175 shall be subject to such rules with respect thereto as may be so 1176 prescribed by it. Such application shall be verified by oath or 1177 affirmation and shall contain a full statement of the name and 1178 birth date of the person or persons applying therefor; the name 1179 of the firm or copartnership, with the names and places of 1180 residence of all members thereof, if such applicant is a firm or 1181 copartnership; the names and places of residence of the 1182 principal officers, if the applicant is a body corporate or 1183 other artificial body; the name of the state under whose laws 1184 the corporation is organized; the present and former place or 1185 places of residence of the applicant; and prior business in 1186 which the applicant has been engaged and the location thereof. 1187 Such application shall describe the exact location of the place 1188 of business and shall state whether the place of business is 1189 owned by the applicant and when acquired, or, if leased, a true 1190 copy of the lease shall be attached to the application. The 1191 applicant shall certify that the location provides an adequately 1192 equipped office and is not a residence; that the location 1193 affords sufficient unoccupied space upon and within which 1194 adequately to store all motor vehicles offered and displayed for 1195 sale; and that the location is a suitable place where the 1196 applicant can in good faith carry on such business and keep and 1197 maintain books, records, and files necessary to conduct such 1198 business, which shall be available at all reasonable hours to 1199 inspection by the department or any of its inspectors or other 1200 employees. The applicant shall certify that the business of a 1201 motor vehicle dealer is the principal business which shall be 1202 conducted at that location. The application shall contain a 1203 statement that the applicant is either franchised by a 1204 manufacturer of motor vehicles, in which case the name of each 1205 motor vehicle that the applicant is franchised to sell shall be 1206 included, or an independent (nonfranchised) motor vehicle 1207 dealer. The application shall contain other relevant information 1208 as may be required by the department, including evidence that 1209 the applicant is insured under a garage liability insurance 1210 policy or a general liability insurance policy coupled with a 1211 business automobile policy, which shall include, at a minimum, 1212 $25,000 combined single-limit liability coverage including 1213 bodily injury and property damage protection and $10,000 1214 personal injury protection. However, a salvage motor vehicle 1215 dealer as defined in subparagraph (1)(c)5. is exempt from the 1216 requirements for garage liability insurance and personal injury 1217 protection insurance on those vehicles that cannot be legally 1218 operated on roads, highways, or streets in this state. Franchise 1219 dealers must submit a garage liability insurance policy, and all 1220 other dealers must submit a garage liability insurance policy or 1221 a general liability insurance policy coupled with a business 1222 automobile policy. Such policy shall be for the license period, 1223 and evidence of a new or continued policy shall be delivered to 1224 the department at the beginning of each license period. Upon 1225 making initial application, the applicant shall pay to the 1226 department a fee of $300 in addition to any other feesnow1227 required by law. Applicants may choose to extend the licensure 1228 period for 1 additional year for a total of 2 years. An initial 1229 applicant shall pay to the department a fee of $300 for the 1230 first year and $75 for the second year, in addition to any other 1231 fees required by law. An applicant for renewal shall pay to the 1232 department $75 for a 1-year renewal or $150 for a 2-year 1233 renewal, in addition to any other fees required by lawUpon1234making a subsequent renewal application, the applicant shall pay1235to the department a fee of $75 in addition to any other fees now1236required by law. Upon making an application for a change of 1237 location, the person shall pay a fee of $50 in addition to any 1238 other fees now required by law. The department shall, in the 1239 case of every application for initial licensure, verify whether 1240 certain facts set forth in the application are true. Each 1241 applicant, general partner in the case of a partnership, or 1242 corporate officer and director in the case of a corporate 1243 applicant, must file a set of fingerprints with the department 1244 for the purpose of determining any prior criminal record or any 1245 outstanding warrants. The department shall submit the 1246 fingerprints to the Department of Law Enforcement for state 1247 processing and forwarding to the Federal Bureau of Investigation 1248 for federal processing. The actual cost of state and federal 1249 processing shall be borne by the applicant and is in addition to 1250 the fee for licensure. The department may issue a license to an 1251 applicant pending the results of the fingerprint investigation, 1252 which license is fully revocable if the department subsequently 1253 determines that any facts set forth in the application are not 1254 true or correctly represented. 1255 (4) LICENSE CERTIFICATE.— 1256 (a) A license certificate shall be issued by the department 1257 in accordance with such application when the application is 1258 regular in form and in compliance with the provisions of this 1259 section. The license certificate may be in the form of a 1260 document or a computerized card as determined by the department. 1261 The actual cost of each original, additional, or replacement 1262 computerized card shall be borne by the licensee and is in 1263 addition to the fee for licensure. Such license, when so issued, 1264 entitles the licensee to carry on and conduct the business of a 1265 motor vehicle dealer. Each license issued to a franchise motor 1266 vehicle dealer expiresannuallyon December 31 of the year of 1267 its expiration unless revoked or suspended prior to that date. 1268 Each license issued to an independent or wholesale dealer or 1269 auction expiresannuallyon April 30 of the year of its 1270 expiration unless revoked or suspended prior to that date. At 1271 leastNot less than60 days beforeprior tothe license 1272 expiration date, the department shall deliver or mail to each 1273 licensee the necessary renewal forms. Each independent dealer 1274 shall certify that the dealer (owner, partner, officer, or 1275 director of the licensee, or a full-time employee of the 1276 licensee that holds a responsible management-level position) has 1277 completed 8 hours of continuing education prior to filing the 1278 renewal forms with the department. Such certification shall be 1279 filed once every 2 years. The continuing education shall include 1280 at least 2 hours of legal or legislative issues, 1 hour of 1281 department issues, and 5 hours of relevant motor vehicle 1282 industry topics. Continuing education shall be provided by 1283 dealer schools licensed under paragraph (b) either in a 1284 classroom setting or by correspondence. Such schools shall 1285 provide certificates of completion to the department and the 1286 customer which shall be filed with the license renewal form, and 1287 such schools may charge a fee for providing continuing 1288 education. Any licensee who does not file his or her application 1289 and fees and any other requisite documents, as required by law, 1290 with the department at least 30 days prior to the license 1291 expiration date shall cease to engage in business as a motor 1292 vehicle dealer on the license expiration date. A renewal filed 1293 with the department within 45 days after the expiration date 1294 shall be accompanied by a delinquent fee of $100. Thereafter, a 1295 new application is required, accompanied by the initial license 1296 fee. A license certificate duly issued by the department may be 1297 modified by endorsement to show a change in the name of the 1298 licensee, provided, as shown by affidavit of the licensee, the 1299 majority ownership interest of the licensee has not changed or 1300 the name of the person appearing as franchisee on the sales and 1301 service agreement has not changed. Modification of a license 1302 certificate to show any name change as herein provided shall not 1303 require initial licensure or reissuance of dealer tags; however, 1304 any dealer obtaining a name change shall transact all business 1305 in and be properly identified by that name. All documents 1306 relative to licensure shall reflect the new name. In the case of 1307 a franchise dealer, the name change shall be approved by the 1308 manufacturer, distributor, or importer. A licensee applying for 1309 a name change endorsement shall pay a fee of $25 which fee shall 1310 apply to the change in the name of a main location and all 1311 additional locations licensed under the provisions of subsection 1312 (5). Each initial license application received by the department 1313 shall be accompanied by verification that, within the preceding 1314 6 months, the applicant, or one or more of his or her designated 1315 employees, has attended a training and information seminar 1316 conducted by a licensed motor vehicle dealer training school. 1317 Any applicant for a new franchised motor vehicle dealer license 1318 who has held a valid franchised motor vehicle dealer license 1319 continuously for the past 2 years and who remains in good 1320 standing with the department is exempt from the prelicensing 1321 training requirement. Such seminar shall include, but is not 1322 limited to, statutory dealer requirements, which requirements 1323 include required bookkeeping and recordkeeping procedures, 1324 requirements for the collection of sales and use taxes, and such 1325 other information that in the opinion of the department will 1326 promote good business practices. No seminar may exceed 8 hours 1327 in length. 1328 (5) SUPPLEMENTAL LICENSE.—Any person licensed under this 1329 sectionhereundershall obtain a supplemental license for each 1330 permanent additional place or places of business not contiguous 1331 to the premises for which the original license is issued, on a 1332 form to be furnished by the department, and upon payment of a 1333 fee of $50 for each such additional location. Applicants may 1334 choose to extend the licensure period for 1 additional year for 1335 a total of 2 years. The applicant shall pay to the department a 1336 fee of $50 for the first year and $50 for the second year for 1337 each such additional location. Thereafter, the applicant shall 1338 pay $50 for a 1-year renewal or $100 for a 2-year renewal for 1339 each such additional locationUpon making renewal applications1340for such supplemental licenses, such applicant shall pay $50 for1341each additional location. A supplemental license authorizing 1342 off-premises sales shall be issued, at no charge to the dealer, 1343 for a period not to exceed 10 consecutive calendar days. To 1344 obtain such a temporary supplemental license for off-premises 1345 sales, the applicant must be a licensed dealer; must notify the 1346 applicable local department office of the specific dates and 1347 location for which such license is requested, display a sign at 1348 the licensed location clearly identifying the dealer, and 1349 provide staff to work at the temporary location for the duration 1350 of the off-premises sale; must meet any local government 1351 permitting requirements; and must have permission of the 1352 property owner to sell at that location. In the case of an off 1353 premises sale by a motor vehicle dealer licensed under 1354 subparagraph (1)(c)1. for the sale of new motor vehicles, the 1355 applicant must also include documentation notifying the 1356 applicable licensee licensed under s. 320.61 of the intent to 1357 engage in an off-premises sale 5 working days prior to the date 1358 of the off-premises sale. The licensee shall either approve or 1359 disapprove of the off-premises sale within 2 working days after 1360 receiving notice; otherwise, it will be deemed approved. This 1361 section does not apply to a nonselling motor vehicle show or 1362 public display of new motor vehicles. 1363 Section 22. Section 320.62, Florida Statutes, is amended to 1364 read: 1365 320.62 Licenses; amount; disposition of proceeds.—The 1366 initial license for each manufacturer, distributor, or importer 1367 shall be $300 and shall be in addition to all other licenses or 1368 taxesnow or hereafterlevied, assessed, or required of the 1369 applicant or licensee. Applicants may choose to extend the 1370 licensure period for 1 additional year for a total of 2 years. 1371 An initial applicant shall pay to the department a fee of $300 1372 for the first year and $100 for the second year. An applicant 1373 for a renewal license shall pay $100 to the department for a 1 1374 year renewal or $200 for a 2-year renewalThe annual renewal1375license fee shall be $100. The proceeds from all licenses under 1376 ss. 320.60-320.70 shall be paid into the State Treasury to the 1377 credit of the General Revenue Fund. All licenses shall be 1378 payable on or before October 1 of theeachyear and shall 1379 expire, unless sooner revoked or suspended, onthe following1380 September 30 of the year of its expiration. 1381 Section 23. Subsections (4) and (6) of section 320.77, 1382 Florida Statutes, are amended to read: 1383 320.77 License required of mobile home dealers.— 1384 (4) FEES.—Upon making initial application, the applicant 1385 shall pay to the department a fee of $300 in addition to any 1386 other feesnowrequired by law. Applicants may choose to extend 1387 the licensure period for 1 additional year for a total of 2 1388 years. An initial applicant shall pay to the department a fee of 1389 $300 for the first year and $100 for the second year in addition 1390 to any other fees required by law. An applicant for a renewal 1391 license shall pay to the department $100 for a 1-year renewal or 1392 $200 for a 2-year renewalThe fee for renewal application shall1393be $100. The fee for application for change of location shall be 1394 $25. Any applicant for renewal who has failed to submit his or 1395 her renewal application by October 1 of the year of its current 1396 license expiration shall pay a renewal application fee equal to 1397 the original application fee. No fee is refundable. All fees 1398 shall be deposited into the General Revenue Fund. 1399 (6) LICENSE CERTIFICATE.—A license certificate shall be 1400 issued by the department in accordance with the application when 1401 the same is regular in form and in compliance with the 1402 provisions of this section. The license certificate may be in 1403 the form of a document or a computerized card as determined by 1404 the department. The cost of each original, additional, or 1405 replacement computerized card shall be borne by the licensee and 1406 is in addition to the fee for licensure. The fees charged 1407 applicants for both the required background investigation and 1408 the computerized card as provided in this section shall be 1409 deposited into the Highway Safety Operating Trust Fund. The 1410 license, when so issued, shall entitle the licensee to carry on 1411 and conduct the business of a mobile home dealer at the location 1412 set forth in the license for a period of 1 or 2 years beginning 1413year fromOctober 1 preceding the date of issuance. Each initial 1414 application received by the department shall be accompanied by 1415 verification that, within the preceding 6 months, the applicant 1416 or one or more of his or her designated employees has attended a 1417 training and information seminar conducted by the department or 1418 by a public or private provider approved by the department. Such 1419 seminar shall include, but not be limited to, statutory dealer 1420 requirements, which requirements include required bookkeeping 1421 and recording procedures, requirements for the collection of 1422 sales and use taxes, and such other information that in the 1423 opinion of the department will promote good business practices. 1424 Section 24. Subsections (4) and (6) of section 320.771, 1425 Florida Statutes, are amended to read: 1426 320.771 License required of recreational vehicle dealers.— 1427 (4) FEES.—Upon making initial application, the applicant 1428 shall pay to the department a fee of $300 in addition to any 1429 other feesnowrequired by law. Applicants may choose to extend 1430 the licensure period for 1 additional year for a total of 2 1431 years. An initial applicant shall pay to the department a fee of 1432 $300 for the first year and $100 for the second year in addition 1433 to any other fees required by law. An applicant for a renewal 1434 license shall pay to the department $100 for a 1-year renewal or 1435 $200 for a 2-year renewalThe fee for renewal application shall1436be $100. The fee for application for change of location shall be 1437 $25. Any applicant for renewal who has failed to submit his or 1438 her renewal application by October 1 of the year of its current 1439 license expiration shall pay a renewal application fee equal to 1440 the original application fee. No fee is refundable. All fees 1441 shall be deposited into the General Revenue Fund. 1442 (6) LICENSE CERTIFICATE.—A license certificate shall be 1443 issued by the department in accordance with the application when 1444 the same is regular in form and in compliance with the 1445 provisions of this section. The license certificate may be in 1446 the form of a document or a computerized card as determined by 1447 the department. The cost of each original, additional, or 1448 replacement computerized card shall be borne by the licensee and 1449 is in addition to the fee for licensure. The fees charged 1450 applicants for both the required background investigation and 1451 the computerized card as provided in this section shall be 1452 deposited into the Highway Safety Operating Trust Fund. The 1453 license, when so issued, shall entitle the licensee to carry on 1454 and conduct the business of a recreational vehicle dealer at the 1455 location set forth in the license for a period of 1 or 2 years 1456yearfrom October 1 preceding the date of issuance. Each initial 1457 application received by the department shall be accompanied by 1458 verification that, within the preceding 6 months, the applicant 1459 or one or more of his or her designated employees has attended a 1460 training and information seminar conducted by the department or 1461 by a public or private provider approved by the department. Such 1462 seminar shall include, but not be limited to, statutory dealer 1463 requirements, which requirements include required bookkeeping 1464 and recording procedures, requirements for the collection of 1465 sales and use taxes, and such other information that in the 1466 opinion of the department will promote good business practices. 1467 Section 25. Subsections (3) and (6) of section 320.8225, 1468 Florida Statutes, are amended to read: 1469 320.8225 Mobile home and recreational vehicle manufacturer, 1470 distributor, and importer license.— 1471 (3) FEES.—Upon submitting an initial application, the 1472 applicant shall pay to the department a fee of $300. Applicants 1473 may choose to extend the licensure period for 1 additional year 1474 for a total of 2 years. An initial applicant shall pay to the 1475 department a fee of $300 for the first year and $100 for the 1476 second year. An applicant for a renewal license shall pay to the 1477 department $100 for a 1-year renewal or $200 for a 2-year 1478 renewalUpon submitting a renewal application, the applicant1479shall pay to the department a fee of $100. Any applicant for 1480 renewal who fails to submit his or her renewal application by 1481 October 1 of the year of its current license expiration shall 1482 pay a renewal application fee equal to the original application 1483 fee. No fee is refundable. All fees must be deposited into the 1484 General Revenue Fund. 1485 (6) LICENSE PERIODYEAR.—A license issued to a mobile home 1486 manufacturer or a recreational vehicle manufacturer, 1487 distributor, or importer entitles the licensee to conduct 1488 business for a period of 1 or 2 years beginningyear from1489 October 1 preceding the date of issuance. 1490 Section 26. Section 322.095, Florida Statutes, is amended 1491 to read: 1492 322.095 Traffic law and substance abuse education program 1493 for driverdriver’slicense applicants.— 1494 (1) Each applicant for a driver license must complete a 1495 traffic law and substance abuse education course, unless the 1496 applicant has been licensed in another jurisdiction or has 1497 satisfactorily completed a Department of Education driver 1498 education course offered pursuant to s. 1003.48. 1499 (2)(1)The Department of Highway Safety and Motor Vehicles 1500 must approve traffic law and substance abuse education courses, 1501 including courses that use communications technology as the 1502 delivery method. 1503 (a) In addition to the course approval criteria provided in 1504 this section, initial approval of traffic law and substance 1505 abuse education courses shall be based on the department’s 1506 review of all course materials which must be designed to promote 1507 safety, education, and driver awareness; course presentation to 1508 the department by the provider; and the provider’s plan for 1509 effective oversight of the course by those who deliver the 1510 course in the state. 1511 (b) Each course provider seeking approval of a traffic law 1512 and substance abuse education course must submit: 1513 1. Proof of ownership, copyright, or written permission 1514 from the course owner to use the course in the statethat must1515be completed by applicants for a Florida driver’s license. 1516 2. The curriculumcurriculafor the courses which must 1517 promote motorcyclist, bicyclist, and pedestrian safety and 1518 provide instruction on the physiological and psychological 1519 consequences of the abuse of alcohol and other drugs;,the 1520 societal and economic costs of alcohol and drug abuse;,the 1521 effects of alcohol and drug abuse on the driver of a motor 1522 vehicle;, andthe laws of this state relating to the operation 1523 of a motor vehicle; the risk factors involved in driver attitude 1524 and irresponsible driver behaviors, such as speeding, reckless 1525 driving, and running red lights and stop signs; and the results 1526 of the use of electronic devices while driving.All instructors1527teaching the courses shall be certified by the department.1528 (3)(2) The department shall contract for an independent1529evaluation of the courses. Local DUI programs authorized under1530s.316.193(5) and certified by the department or a driver1531improvement school may offer a traffic law and substance abuse1532education course. However,Prior to offering the course, the 1533 course provider must obtain certification from the department 1534 that the course complies with the requirements of this section. 1535 If the course is offered in a classroom setting, the course 1536 provider and any schools authorized by the provider to teach the 1537 course must offer the approved course at locations that are free 1538 from distractions and reasonably accessible to most applicants 1539 and must issue a certificate to those persons successfully 1540 completing the course. 1541(3) The completion of a course does not qualify a person1542for the reinstatement of a driver’s license which has been1543suspended or revoked.1544(4) The fee charged by the course provider must bear a1545reasonable relationship to the cost of the course. The1546department must conduct financial audits of course providers1547conducting the education courses required under this section or1548require that financial audits of providers be performed, at the1549expense of the provider, by a certified public accountant.1550(5) The provisions of this section do not apply to any1551person who has been licensed in any other jurisdiction or who1552has satisfactorily completed a Department of Education driver’s1553education course offered pursuant to s.1003.48.1554 (4)(6)In addition to a regular course fee, an assessment 1555 fee in the amount of $3 shall be collected by the school from 1556 each person who attends a course. The course provider must remit 1557 the $3 assessment fee to the department for deposit into the 1558 Highway Safety Operating Trust Fund in order to receive a unique 1559 course completion certificate number for the student.Each1560course provider must collect a $3 assessment fee in addition to1561the enrollment fee charged to participants of the traffic law1562and substance abuse course required under this section. The $31563assessment fee collected by the course provider must be1564forwarded to the department within 30 days after receipt of the1565assessment.1566 (5)(7)The department mayis authorized tomaintain the 1567 information and records necessary to administer its duties and 1568 responsibilities for the program. Course providers are required 1569 to maintain all records pertinent to the conduct of their 1570 approved courses for 5 years and allow the department to inspect 1571 such records as necessary. Records may be maintained in an 1572 electronic format. IfWheresuch information is a public record 1573 as defined in chapter 119, it shall be made available to the 1574 public upon request pursuant to s. 119.07(1).The department1575shall approve and regulate courses that use technology as the1576delivery method of all traffic law and substance abuse education1577courses as the courses relate to this section.1578 (6) The department shall design, develop, implement, and 1579 conduct effectiveness studies on each delivery method of all 1580 courses approved pursuant to this section on a recurring 3-year 1581 basis. At a minimum, studies shall be conducted on the 1582 effectiveness of each course in reducing DUI citations and 1583 decreasing moving traffic violations or collision recidivism. 1584 Upon notification that a course has failed an effectiveness 1585 study, the course provider shall immediately cease offering the 1586 course in the state. 1587 (7) Courses approved under this section must be updated at 1588 the department’s request. Failure of a course provider to update 1589 the course within 90 days after the department’s request shall 1590 result in the suspension of the course approval until such time 1591 that the updates are submitted and approved by the department. 1592 (8) Each course provider shall ensure that its driver 1593 improvement schools are conducting the approved courses fully, 1594 to the required time limits, and with the content requirements 1595 specified by the department. The course provider shall ensure 1596 that only department-approved instructional materials are used 1597 in the presentation of the course, and that all driver 1598 improvement schools conducting the course do so in a manner that 1599 maximizes its impact and effectiveness. The course provider 1600 shall ensure that any student who is unable to attend or 1601 complete a course due to action, error, or omission on the part 1602 of the course provider or driver improvement school conducting 1603 the course shall be accommodated to permit completion of the 1604 course at no additional cost. 1605 (9) Traffic law and substance abuse education courses shall 1606 be conducted with a minimum of 4 hours devoted to course content 1607 minus a maximum of 30 minutes allotted for breaks. 1608 (10) A course provider may not require any student to 1609 purchase a course completion certificate. Course providers 1610 offering paper or electronic certificates for purchase must 1611 clearly convey to the student that this purchase is optional, 1612 that the only valid course completion certificate is the 1613 electronic one that is entered into the department’s Driver 1614 Improvement Certificate Issuance System, and that paper 1615 certificates are not acceptable for any licensing purpose. 1616 (11) Course providers and all associated driver improvement 1617 schools that offer approved courses shall disclose all fees 1618 associated with the course and shall not charge any fees that 1619 are not clearly listed during the registration process. 1620 (12) Course providers shall submit course completion 1621 information to the department through the department’s Driver 1622 Improvement Certificate Issuance System within 5 days. The 1623 submission shall be free of charge to the student. 1624 (13) The department may deny, suspend, or revoke course 1625 approval upon proof that the course provider: 1626 (a) Violated this section. 1627 (b) Has been convicted of a crime involving any drug 1628 related or DUI-related offense, a felony, fraud, or a crime 1629 directly related to the personal safety of a student. 1630 (c) Failed to satisfy the effectiveness criteria as 1631 outlined in subsection (6). 1632 (d) Obtained course approval by fraud or misrepresentation. 1633 (e) Obtained or assisted a person in obtaining any driver 1634 license by fraud or misrepresentation. 1635 (f) Conducted a traffic law and substance abuse education 1636 course in the state while approval of such course was under 1637 suspension or revocation. 1638 (g) Failed to provide effective oversight of those who 1639 deliver the course in the state. 1640 (14) The department shall not accept certificates from 1641 students who take a course after the course has been suspended 1642 or revoked. 1643 (15) A person who has been convicted of a crime involving 1644 any drug-related or DUI-related offense in the past 5 years, a 1645 felony, fraud, or a crime directly related to the personal 1646 safety of a student shall not be allowed to conduct traffic law 1647 and substance abuse education courses. 1648 (16) The department shall summarily suspend approval of any 1649 course without preliminary hearing for the purpose of protecting 1650 the public safety and enforcing any provision of law governing 1651 traffic law and substance abuse education courses. 1652 (17) Except as otherwise provided in this section, before 1653 final department action denying, suspending, or revoking 1654 approval of a course, the course provider shall have the 1655 opportunity to request either a formal or informal 1656 administrative hearing to show cause why the action should not 1657 be taken. 1658 (18) The department may levy and collect a civil fine of at 1659 least $1,000 but not more than $5,000 for each violation of this 1660 section. Proceeds from fines collected shall be deposited into 1661 the Highway Safety Operating Trust Fund and used to cover the 1662 cost of administering this section or promoting highway safety 1663 initiatives. 1664 Section 27. Subsection (1) of section 322.125, Florida 1665 Statutes, is amended to read: 1666 322.125 Medical Advisory Board.— 1667 (1) There shall be a Medical Advisory Board composed of not 1668 fewer than 12 or more than 25 members, at least one of whom must 1669 be 60 years of age or older and all but one of whose medical and 1670 other specialties must relate to driving abilities, which number 1671 must include a doctor of medicine who is employed by the 1672 Department of Highway Safety and Motor Vehicles in Tallahassee, 1673 who shall serve as administrative officer for the board. The 1674 executive director of the Department of Highway Safety and Motor 1675 Vehicles shall recommend persons to serve as board members. 1676 Every member but two must be a doctor of medicine licensed to 1677 practice medicine in this or any other stateand must be a1678member in good standing of the Florida Medical Association or1679the Florida Osteopathic Association. One member must be an 1680 optometrist licensed to practice optometry in this stateand1681must be a member in good standing of the Florida Optometric1682Association. One member must be a chiropractic physician 1683 licensed to practice chiropractic medicine in this state. 1684 Members shall be approved by the Cabinet and shall serve 4-year 1685 staggered terms. The board membership must, to the maximum 1686 extent possible, consist of equal representation of the 1687 disciplines of the medical community treating the mental or 1688 physical disabilities that could affect the safe operation of 1689 motor vehicles. 1690 Section 28. Subsection (4) of section 322.135, Florida 1691 Statutes, is amended to read: 1692 322.135 DriverDriver’slicense agents.— 1693 (4) A tax collector may not issue or renew a driver 1694driver’slicense if he or she has any reason to believe that the 1695 licensee or prospective licensee is physically or mentally 1696 unqualified to operate a motor vehicle.The tax collector may1697direct any such licensee to the department for examination or1698reexamination under s.322.221.1699 Section 29. Paragraph (a) of subsection (5) of section 1700 322.18, Florida Statutes, is amended to read: 1701 322.18 Original applications, licenses, and renewals; 1702 expiration of licenses; delinquent licenses.— 1703 (5) All renewal driverdriver’slicenses may be issued 1704 after the applicant licensee has been determined to be eligible 1705 by the department. 1706 (a) A licensee who is otherwise eligible for renewal and 1707 who is at least 80 years of age: 1708 1. Must submit to and pass a vision test administered at 1709 any driverdriver’slicense office; or 1710 2. If the licensee applies for a renewal using a 1711 convenience service as provided in subsection (8), he or she 1712 must submit to a vision test administered by a doctor of 1713 medicine or a doctor of osteopathy licensed to practice medicine 1714 in any state or an optometrist licensed to practice optometry in 1715 any state;physician licensed under chapter 458 or chapter 459,1716an optometrist licensed under chapter 463, or a licensed1717physician at a federally established veterans’ hospital;must 1718 send the results of that test to the department on a form 1719 obtained from the department and signed by such health care 1720 practitioner; and must meet vision standards that are equivalent 1721 to the standards for passing the departmental vision test. The 1722 physician or optometrist may submit the results of a vision test 1723 by a department-approved electronic means. 1724 Section 30. Subsection (1) of section 322.21, Florida 1725 Statutes, is amended to read: 1726 322.21 License fees; procedure for handling and collecting 1727 fees.— 1728 (1) Except as otherwise provided herein, the fee for: 1729 (a) An original or renewal commercial driverdriver’s1730 license is $75, which shall include the fee for driver education 1731 provided by s. 1003.48. However, if an applicant has completed 1732 training and is applying for employment or is currently employed 1733 in a public or nonpublic school system that requires the 1734 commercial license, the fee is the same as for a Class E driver 1735driver’slicense. A delinquent fee of $15 shall be added for a 1736 renewal within 12 months after the license expiration date. 1737 (b) An original Class E driverdriver’slicense is $48, 1738 which includes the fee for driverdriver’seducation provided by 1739 s. 1003.48. However, if an applicant has completed training and 1740 is applying for employment or is currently employed in a public 1741 or nonpublic school system that requires a commercial driver 1742 license, the fee is the same as for a Class E license. 1743 (c) The renewal or extension of a Class E driverdriver’s1744 license or of a license restricted to motorcycle use only is 1745 $48, except that a delinquent fee of $15 shall be added for a 1746 renewal or extension made within 12 months after the license 1747 expiration date. The fee provided in this paragraph includes the 1748 fee for driverdriver’seducation provided by s. 1003.48. 1749 (d) An original driverdriver’slicense restricted to 1750 motorcycle use only is $48, which includes the fee for driver 1751driver’seducation provided by s. 1003.48. 1752 (e) A replacement driverdriver’slicense issued pursuant 1753 to s. 322.17 is $25. Of this amount $7 shall be deposited into 1754 the Highway Safety Operating Trust Fund and $18 shall be 1755 deposited into the General Revenue Fund. Beginning July 1, 2015, 1756 or upon completion of the transition of driverdriver’slicense 1757 issuance services, if the replacement driverdriver’slicense is 1758 issued by the tax collector, the tax collector shall retain the 1759 $7 that would otherwise be deposited into the Highway Safety 1760 Operating Trust Fund and the remaining revenues shall be 1761 deposited into the General Revenue Fund. 1762 (f) An original, renewal, or replacement identification 1763 card issued pursuant to s. 322.051 is $25. Funds collected from 1764 these fees shall be distributed as follows: 1765 1. For an original identification card issued pursuant to 1766 s. 322.051 the fee is $25. This amount shall be deposited into 1767 the General Revenue Fund. 1768 2. For a renewal identification card issued pursuant to s. 1769 322.051 the fee is $25. Of this amount, $6 shall be deposited 1770 into the Highway Safety Operating Trust Fund and $19 shall be 1771 deposited into the General Revenue Fund. 1772 3. For a replacement identification card issued pursuant to 1773 s. 322.051 the fee is $25. Of this amount, $9 shall be deposited 1774 into the Highway Safety Operating Trust Fund and $16 shall be 1775 deposited into the General Revenue Fund. Beginning July 1, 2015, 1776 or upon completion of the transition of the driverdriver’s1777 license issuance services, if the replacement identification 1778 card is issued by the tax collector, the tax collector shall 1779 retain the $9 that would otherwise be deposited into the Highway 1780 Safety Operating Trust Fund and the remaining revenues shall be 1781 deposited into the General Revenue Fund. 1782 (g) Each endorsement required by s. 322.57 is $7. 1783 (h) A hazardous-materials endorsement, as required by s. 1784 322.57(1)(d), shall be set by the department by rule and must 1785 reflect the cost of the required criminal history check, 1786 including the cost of the state and federal fingerprint check, 1787 and the cost to the department of providing and issuing the 1788 license. The fee shall not exceed $100. This fee shall be 1789 deposited in the Highway Safety Operating Trust Fund. The 1790 department may adopt rules to administer this section. 1791 (i) The specialty driver license or identification card 1792 issued pursuant to s. 322.1415 is $25, which is in addition to 1793 other fees required in this section. The fee shall be 1794 distributed as follows: 1795 1. Fifty percent shall be distributed as provided in s. 1796 320.08058 to the appropriate state or independent university, 1797 professional sports team, or branch of the United States Armed 1798 Forces. 1799 2. Fifty percent shall be distributed to the department for 1800 costs directly related to the specialty driver license and 1801 identification card program and to defray the costs associated 1802 with production enhancements and distribution. 1803 Section 31. Subsection (7) of section 322.212, Florida 1804 Statutes, is amended to read: 1805 322.212 Unauthorized possession of, and other unlawful acts 1806 in relation to, driverdriver’slicense or identification card.— 1807 (7) In addition to any other penalties provided by this 1808 section, any person who provides false information when applying 1809 for a commercial driverdriver’slicense or commercial learner’s 1810 permit or is convicted of fraud in connection with testing for a 1811 commercial driver license or commercial learner’s permit shall 1812 be disqualified from operating a commercial motor vehicle for a 1813 period of 1 year60 days. 1814 Section 32. Subsection (1) of section 322.22, Florida 1815 Statutes, is amended to read: 1816 322.22 Authority of department to cancel or refuse to issue 1817 or renew license.— 1818 (1) The department mayis authorized tocancel or withhold 1819 issuance or renewal of any driverdriver’slicense, upon 1820 determining that the licensee was not entitled to the issuance 1821 thereof, or that the licensee failed to give the required or 1822 correct information in his or her application or committed any 1823 fraud in making such application, or that the licensee has two 1824 or more licenses on file with the department, each in a 1825 different name but bearing the photograph of the licensee, 1826 unless the licensee has complied with the requirements of this 1827 chapter in obtaining the licenses. The department may cancel or 1828 withhold issuance or renewal of any driverdriver’slicense, 1829 identification card, vehicle or vessel registration, or fuel-use 1830 decal if the licensee fails to pay the correct fee or pays for 1831 any driverthe driver’slicense, identification card, vehicle or 1832 vessel registration, or fuel-use decal; pays any tax liability, 1833 penalty, or interest specified in chapter 207; or pays any 1834 administrative, delinquency, or reinstatement fee by a 1835 dishonored check. 1836 Section 33. Subsection (3) of section 322.245, Florida 1837 Statutes, is amended to read: 1838 322.245 Suspension of license upon failure of person 1839 charged with specified offense under chapter 316, chapter 320, 1840 or this chapter to comply with directives ordered by traffic 1841 court or upon failure to pay child support in non-IV-D cases as 1842 provided in chapter 61 or failure to pay any financial 1843 obligation in any other criminal case.— 1844 (3) If the person fails to comply with the directives of 1845 the court within the 30-day period, or, in non-IV-D cases, fails 1846 to comply with the requirements of s. 61.13016 within the period 1847 specified in that statute, the depository or the clerk of the 1848 court shall electronically notify the department of such failure 1849 within 10 days. Upon electronic receipt of the notice, the 1850 department shall immediately issue an order suspending the 1851 person’s driverdriver’slicense and privilege to drive 1852 effective 20 days after the date the order of suspension is 1853 mailed in accordance with s. 322.251(1), (2), and (6). 1854 Section 34. Subsection (7) of section 322.25, Florida 1855 Statutes, is amended to read: 1856 322.25 When court to forward license to department and 1857 report convictions; temporary reinstatement of driving 1858 privileges.— 1859(7) Any licensed driver convicted of driving, or being in1860the actual physical control of, a vehicle within this state1861while under the influence of alcoholic beverages, any chemical1862substance set forth in s.877.111, or any substance controlled1863under chapter 893, when affected to the extent that his or her1864normal faculties are impaired, and whose license and driving1865privilege have been revoked as provided in subsection (1) may be1866issued a court order for reinstatement of a driving privilege on1867a temporary basis; provided that, as a part of the penalty, upon1868conviction, the defendant is required to enroll in and complete1869a driver improvement course for the rehabilitation of drinking1870drivers and the driver is otherwise eligible for reinstatement1871of the driving privilege as provided by s.322.282. The court1872order for reinstatement shall be on a form provided by the1873department and must be taken by the person convicted to a1874Florida driver’s license examining office, where a temporary1875driving permit may be issued. The period of time for which a1876temporary permit issued in accordance with this subsection is1877valid shall be deemed to be part of the period of revocation1878imposed by the court.1879 Section 35. Section 322.2615, Florida Statutes, is amended 1880 to read: 1881 322.2615 Suspension of license; right to review.— 1882 (1)(a) A law enforcement officer or correctional officer 1883 shall, on behalf of the department, suspend the driving 1884 privilege of a person who is driving or in actual physical 1885 control of a motor vehicle and who has an unlawful blood-alcohol 1886 level or breath-alcohol level of 0.08 or higher, or of a person 1887 who has refused to submit to a urine test or a test of his or 1888 her breath-alcohol or blood-alcohol level. The officer shall 1889 take the person’s driverdriver’slicense and issue the person a 1890 10-day temporary permit if the person is otherwise eligible for 1891 the driving privilege and shall issue the person a notice of 1892 suspension. If a blood test has been administered, the officer 1893 or the agency employing the officer shall transmit such results 1894 to the department within 5 days after receipt of the results. If 1895 the department then determines that the person had a blood 1896 alcohol level or breath-alcohol level of 0.08 or higher, the 1897 department shall suspend the person’s driverdriver’slicense 1898 pursuant to subsection (3). 1899 (b) The suspension under paragraph (a) shall be pursuant 1900 to, and the notice of suspension shall inform the driver of, the 1901 following: 1902 1.a. The driver refused to submit to a lawful breath, 1903 blood, or urine test and his or her driving privilege is 1904 suspended for a period of 1 year for a first refusal or for a 1905 period of 18 months if his or her driving privilege has been 1906 previously suspended as a result of a refusal to submit to such 1907 a test; or 1908 b. The driver was driving or in actual physical control of 1909 a motor vehicle and had an unlawful blood-alcohol level or 1910 breath-alcohol level of 0.08 or higher and his or her driving 1911 privilege is suspended for a period of 6 months for a first 1912 offense or for a period of 1 year if his or her driving 1913 privilege has been previously suspended under this section. 1914 2. The suspension period shall commence on the date of 1915 issuance of the notice of suspension. 1916 3. The driver may request a formal or informal review of 1917 the suspension by the department within 10 days after the date 1918 of issuance of the notice of suspension. 1919 4. The temporary permit issued at the time of suspension 1920 expires at midnight of the 10th day following the date of 1921 issuance of the notice of suspension. 1922 5. The driver may submit to the department any materials 1923 relevant to the suspension. 1924 (2)(a) Except as provided in paragraph (1)(a), the law 1925 enforcement officer shall forward to the department, within 5 1926 days after issuing the notice of suspension, the driverdriver’s1927 license; an affidavit stating the officer’s grounds for belief 1928 that the person was driving or in actual physical control of a 1929 motor vehicle while under the influence of alcoholic beverages 1930 or chemical or controlled substances; the results of any breath 1931 or blood test or an affidavit stating that a breath, blood, or 1932 urine test was requested by a law enforcement officer or 1933 correctional officer and that the person refused to submit; the 1934 officer’s description of the person’s field sobriety test, if 1935 any; and the notice of suspension. The failure of the officer to 1936 submit materials within the 5-day period specified in this 1937 subsection and in subsection (1) does not affect the 1938 department’s ability to consider any evidence submitted at or 1939 prior to the hearing. 1940 (b) The officer may also submit a copy of the crash report 1941 and a copy of a video recordingvideotapeof the field sobriety 1942 test or the attempt to administer such test. Materials submitted 1943 to the department by a law enforcement agency or correctional 1944 agency shall be considered self-authenticating and shall be in 1945 the record for consideration by the hearing officer. 1946 Notwithstanding s. 316.066(5), the crash report shall be 1947 considered by the hearing officer. 1948 (3) If the department determines that the license should be 1949 suspended pursuant to this section and if the notice of 1950 suspension has not already been served upon the person by a law 1951 enforcement officer or correctional officer as provided in 1952 subsection (1), the department shall issue a notice of 1953 suspension and, unless the notice is mailed pursuant to s. 1954 322.251, a temporary permit that expires 10 days after the date 1955 of issuance if the driver is otherwise eligible. 1956 (4) If the person whose license was suspended requests an 1957 informal review pursuant to subparagraph (1)(b)3., the 1958 department shall conduct the informal review by a hearing 1959 officer designatedemployedby the department. Such informal 1960 review hearing shall consist solely of an examination by the 1961 department of the materials submitted by a law enforcement 1962 officer or correctional officer and by the person whose license 1963 was suspended, and the presence of an officer or witness is not 1964 required. 1965 (5) After completion of the informal review, notice of the 1966 department’s decision sustaining, amending, or invalidating the 1967 suspension of the driverdriver’slicense of the person whose 1968 license was suspended must be provided to such person. Such 1969 notice must be mailed to the person at the last known address 1970 shown on the department’s records, or to the address provided in 1971 the law enforcement officer’s report if such address differs 1972 from the address of record, within 21 days after the expiration 1973 of the temporary permit issued pursuant to subsection (1) or 1974 subsection (3). 1975 (6)(a) If the person whose license was suspended requests a 1976 formal review, the department must schedule a hearingto be held1977 within 30 days after such request is received by the department 1978 and must notify the person of the date, time, and place of the 1979 hearing. 1980 (b) Such formal review hearing shall be held before a 1981 hearing officer designatedemployedby the department, and the 1982 hearing officer shall be authorized to administer oaths, examine 1983 witnesses and take testimony, receive relevant evidence, issue 1984 subpoenas for the officers and witnesses identified in documents 1985 provided under paragraph (2)(a)in subsection (2), regulate the 1986 course and conduct of the hearing, question witnesses, and make 1987 a ruling on the suspension. The hearing officer may conduct 1988 hearings using communications technology. The party requesting 1989 the presence of a witness shall be responsible for the payment 1990 of any witness fees and for notifying in writing the state 1991 attorney’s office in the appropriate circuit of the issuance of 1992 the subpoena. If the person who requests a formal review hearing 1993 fails to appear and the hearing officer finds such failure to be 1994 without just cause, the right to a formal hearing is waived and 1995 the suspension shall be sustained. 1996 (c) The failure of a subpoenaed witness to appear at the 1997 formal review hearing is not grounds to invalidate the 1998 suspension. If a witness fails to appear, a party may seek 1999 enforcement of a subpoena under paragraph (b) by filing a 2000 petition for enforcement in the circuit court of the judicial 2001 circuit in which the person failing to comply with the subpoena 2002 resides or by filing a motion for enforcement in any criminal 2003 court case resulting from the driving or actual physical control 2004 of a motor vehicle that gave rise to the suspension under this 2005 section. A failure to comply with an order of the court shall 2006 result in a finding of contempt of court. However, a person is 2007 not in contempt while a subpoena is being challenged. 2008 (d) The department must, within 7 working days after a 2009 formal review hearing, send notice to the person of the hearing 2010 officer’s decision as to whether sufficient cause exists to 2011 sustain, amend, or invalidate the suspension. 2012 (7) In a formal review hearing under subsection (6) or an 2013 informal review hearing under subsection (4), the hearing 2014 officer shall determine by a preponderance of the evidence 2015 whether sufficient cause exists to sustain, amend, or invalidate 2016 the suspension. The scope of the review shall be limited to the 2017 following issues: 2018 (a) If the license was suspended for driving with an 2019 unlawful blood-alcohol level or breath-alcohol level of 0.08 or 2020 higher: 2021 1. Whether the law enforcement officer had probable cause 2022 to believe that the person whose license was suspended was 2023 driving or in actual physical control of a motor vehicle in this 2024 state while under the influence of alcoholic beverages or 2025 chemical or controlled substances. 2026 2. Whether the person whose license was suspended had an 2027 unlawful blood-alcohol level or breath-alcohol level of 0.08 or 2028 higher as provided in s. 316.193. 2029 (b) If the license was suspended for refusal to submit to a 2030 breath, blood, or urine test: 2031 1. Whether the law enforcement officer had probable cause 2032 to believe that the person whose license was suspended was 2033 driving or in actual physical control of a motor vehicle in this 2034 state while under the influence of alcoholic beverages or 2035 chemical or controlled substances. 2036 2. Whether the person whose license was suspended refused 2037 to submit to any such test after being requested to do so by a 2038 law enforcement officer or correctional officer. 2039 3. Whether the person whose license was suspended was told 2040 that if he or she refused to submit to such test his or her 2041 privilege to operate a motor vehicle would be suspended for a 2042 period of 1 year or, in the case of a second or subsequent 2043 refusal, for a period of 18 months. 2044 (8) Based on the determination of the hearing officer 2045 pursuant to subsection (7) for both informal hearings under 2046 subsection (4) and formal hearings under subsection (6), the 2047 department shall: 2048 (a) Sustain the suspension of the person’s driving 2049 privilege for a period of 1 year for a first refusal, or for a 2050 period of 18 months if the driving privilege of such person has 2051 been previously suspended as a result of a refusal to submit to 2052 such tests, if the person refused to submit to a lawful breath, 2053 blood, or urine test. The suspension period commences on the 2054 date of issuance of the notice of suspension. 2055 (b) Sustain the suspension of the person’s driving 2056 privilege for a period of 6 months for a blood-alcohol level or 2057 breath-alcohol level of 0.08 or higher, or for a period of 1 2058 year if the driving privilege of such person has been previously 2059 suspended under this section as a result of driving with an 2060 unlawful alcohol level. The suspension period commences on the 2061 date of issuance of the notice of suspension. 2062 (9) A request for a formal review hearing or an informal 2063 review hearing shall not stay the suspension of the person’s 2064 driverdriver’slicense. If the department fails to schedule the 2065 formal review hearingto be heldwithin 30 days after receipt of 2066 the request therefor, the department shall invalidate the 2067 suspension. If the scheduled hearing is continued at the 2068 department’s initiative or the driver enforces the subpoena as 2069 provided in subsection (6), the department shall issue a 2070 temporary driving permit that shall be valid until the hearing 2071 is conducted if the person is otherwise eligible for the driving 2072 privilege. Such permit may not be issued to a person who sought 2073 and obtained a continuance of the hearing. The permit issued 2074 under this subsection shall authorize driving for business or 2075 employment use only. 2076 (10) A person whose driverdriver’slicense is suspended 2077 under subsection (1) or subsection (3) may apply for issuance of 2078 a license for business or employment purposes only if the person 2079 is otherwise eligible for the driving privilege pursuant to s. 2080 322.271. 2081 (a) If the suspension of the driverdriver’slicense of the 2082 person for failure to submit to a breath, urine, or blood test 2083 is sustained, the person is not eligible to receive a license 2084 for business or employment purposes only, pursuant to s. 2085 322.271, until 90 days have elapsed after the expiration of the 2086 last temporary permit issued. If the driver is not issued a 10 2087 day permit pursuant to this section or s. 322.64 because he or 2088 she is ineligible for the permit and the suspension for failure 2089 to submit to a breath, urine, or blood test is not invalidated 2090 by the department, the driver is not eligible to receive a 2091 business or employment license pursuant to s. 322.271 until 90 2092 days have elapsed from the date of the suspension. 2093 (b) If the suspension of the driverdriver’slicense of the 2094 person relating to unlawful blood-alcohol level or breath 2095 alcohol level of 0.08 or higher is sustained, the person is not 2096 eligible to receive a license for business or employment 2097 purposes only pursuant to s. 322.271 until 30 days have elapsed 2098 after the expiration of the last temporary permit issued. If the 2099 driver is not issued a 10-day permit pursuant to this section or 2100 s. 322.64 because he or she is ineligible for the permit and the 2101 suspension relating to unlawful blood-alcohol level or breath 2102 alcohol level of 0.08 or higher is not invalidated by the 2103 department, the driver is not eligible to receive a business or 2104 employment license pursuant to s. 322.271 until 30 days have 2105 elapsed from the date of the suspension. 2106 (11) The formal review hearing may be conducted upon a 2107 review of the reports of a law enforcement officer or a 2108 correctional officer, including documents relating to the 2109 administration of a breath test or blood test or the refusal to 2110 take either test or the refusal to take a urine test. However, 2111 as provided in subsection (6), the driver may subpoena the 2112 officer or any person who administered or analyzed a breath or 2113 blood test. If the arresting officer or the breath technician 2114 fails to appear pursuant to a subpoena as provided in subsection 2115 (6), the department shall invalidate the suspension. 2116 (12) The formal review hearing and the informal review 2117 hearing are exempt from the provisions of chapter 120. The 2118 department may adopt rules for the conduct of reviews under this 2119 section. 2120 (13) A person may appeal any decision of the department 2121 sustaining a suspension of his or her driverdriver’slicense by 2122 a petition for writ of certiorari to the circuit court in the 2123 county wherein such person resides or wherein a formal or 2124 informal review was conducted pursuant to s. 322.31. However, an 2125 appeal shall not stay the suspension. A law enforcement agency 2126 may appeal any decision of the department invalidating a 2127 suspension by a petition for writ of certiorari to the circuit 2128 court in the county wherein a formal or informal review was 2129 conducted. This subsection shall not be construed to provide for 2130 a de novo reviewappeal. 2131 (14)(a) The decision of the department under this section 2132 or any circuit court review thereof may not be considered in any 2133 trial for a violation of s. 316.193, and a written statement 2134 submitted by a person in his or her request for departmental 2135 review under this section may not be admitted into evidence 2136 against him or her in any such trial. 2137 (b) The disposition of any related criminal proceedings 2138 does not affect a suspension for refusal to submit to a blood, 2139 breath, or urine test imposed under this section. 2140 (15) If the department suspends a person’s license under s. 2141 322.2616, it may not also suspend the person’s license under 2142 this section for the same episode that was the basis for the 2143 suspension under s. 322.2616. 2144 (16) The department shall invalidate a suspension for 2145 driving with an unlawful blood-alcohol level or breath-alcohol 2146 level imposed under this section if the suspended person is 2147 found not guilty at trial of an underlying violation of s. 2148 316.193. 2149 Section 36. Section 322.2616, Florida Statutes, is amended 2150 to read: 2151 322.2616 Suspension of license; persons under 21 years of 2152 age; right to review.— 2153 (1)(a) Notwithstanding s. 316.193, it is unlawful for a 2154 person under the age of 21 who has a blood-alcohol or breath 2155 alcohol level of 0.02 or higher to drive or be in actual 2156 physical control of a motor vehicle. 2157 (b) A law enforcement officer who has probable cause to 2158 believe that a motor vehicle is being driven by or is in the 2159 actual physical control of a person who is under the age of 21 2160 while under the influence of alcoholic beverages or who has any 2161 blood-alcohol or breath-alcohol level may lawfully detain such a 2162 person and may request that person to submit to a test to 2163 determine his or her blood-alcohol or breath-alcohol level. 2164 (2)(a) A law enforcement officer or correctional officer 2165 shall, on behalf of the department, suspend the driving 2166 privilege of such person if the person has a blood-alcohol or 2167 breath-alcohol level of 0.02 or higher. The officer shall also 2168 suspend, on behalf of the department, the driving privilege of a 2169 person who has refused to submit to a test as provided by 2170 paragraph (b). The officer shall take the person’s driver 2171driver’slicense and issue the person a 10-day temporary driving 2172 permit if the person is otherwise eligible for the driving 2173 privilege and shall issue the person a notice of suspension. 2174 (b) The suspension under paragraph (a) must be pursuant to, 2175 and the notice of suspension must inform the driver of, the 2176 following: 2177 1.a. The driver refused to submit to a lawful breath test 2178 and his or her driving privilege is suspended for a period of 1 2179 year for a first refusal or for a period of 18 months if his or 2180 her driving privilege has been previously suspended as provided 2181 in this section as a result of a refusal to submit to a test; or 2182 b. The driver was under the age of 21 and was driving or in 2183 actual physical control of a motor vehicle while having a blood 2184 alcohol or breath-alcohol level of 0.02 or higher; and the 2185 person’s driving privilege is suspended for a period of 6 months 2186 for a first violation, or for a period of 1 year if his or her 2187 driving privilege has been previously suspended as provided in 2188 this section for driving or being in actual physical control of 2189 a motor vehicle with a blood-alcohol or breath-alcohol level of 2190 0.02 or higher. 2191 2. The suspension period commences on the date of issuance 2192 of the notice of suspension. 2193 3. The driver may request a formal or informal review of 2194 the suspension by the department within 10 days after the 2195 issuance of the notice of suspension. 2196 4. A temporary permit issued at the time of the issuance of 2197 the notice of suspension shall not become effective until after 2198 12 hours have elapsed and will expire at midnight of the 10th 2199 day following the date of issuance. 2200 5. The driver may submit to the department any materials 2201 relevant to the suspension of his or her license. 2202 (c) When a driver subject to this section has a blood 2203 alcohol or breath-alcohol level of 0.05 or higher, the 2204 suspension shall remain in effect until such time as the driver 2205 has completed a substance abuse course offered by a DUI program 2206 licensed by the department. The driver shall assume the 2207 reasonable costs for the substance abuse course. As part of the 2208 substance abuse course, the program shall conduct a substance 2209 abuse evaluation of the driver, and notify the parents or legal 2210 guardians of drivers under the age of 19 years of the results of 2211 the evaluation. The term “substance abuse” means the abuse of 2212 alcohol or any substance named or described in Schedules I 2213 through V of s. 893.03. If a driver fails to complete the 2214 substance abuse education course and evaluation, the driver 2215driver’slicense shall not be reinstated by the department. 2216 (d) A minor under the age of 18 years proven to be driving 2217 with a blood-alcohol or breath-alcohol level of 0.02 or higher 2218 may be taken by a law enforcement officer to the addictions 2219 receiving facility in the county in which the minor is found to 2220 be so driving, if the county makes the addictions receiving 2221 facility available for such purpose. 2222 (3) The law enforcement officer shall forward to the 2223 department, within 5 days after the date of the issuance of the 2224 notice of suspension, a copy of the notice of suspension, the 2225 driverdriver’slicense of the person receiving the notice of 2226 suspension, and an affidavit stating the officer’s grounds for 2227 belief that the person was under the age of 21 and was driving 2228 or in actual physical control of a motor vehicle with any blood 2229 alcohol or breath-alcohol level, and the results of any blood or 2230 breath test or an affidavit stating that a breath test was 2231 requested by a law enforcement officer or correctional officer 2232 and that the person refused to submit to such test. The failure 2233 of the officer to submit materials within the 5-day period 2234 specified in this subsection does not bar the department from 2235 considering any materials submitted at or before the hearing. 2236 (4) If the department finds that the license of the person 2237 should be suspended under this section and if the notice of 2238 suspension has not already been served upon the person by a law 2239 enforcement officer or correctional officer as provided in 2240 subsection (2), the department shall issue a notice of 2241 suspension and, unless the notice is mailed under s. 322.251, a 2242 temporary driving permit that expires 10 days after the date of 2243 issuance if the driver is otherwise eligible. 2244 (5) If the person whose license is suspended requests an 2245 informal review under subparagraph (2)(b)3., the department 2246 shall conduct the informal review by a hearing officer 2247 designatedemployedby the department within 30 days after the 2248 request is received by the department and shall issue such 2249 person a temporary driving permit for business purposes only to 2250 expire on the date that such review is scheduled to be conducted 2251 if the person is otherwise eligible. The informal review hearing 2252 must consist solely of an examination by the department of the 2253 materials submitted by a law enforcement officer or correctional 2254 officer and by the person whose license is suspended, and the 2255 presence of an officer or witness is not required. 2256 (6) After completion of the informal review, notice of the 2257 department’s decision sustaining, amending, or invalidating the 2258 suspension of the driverdriver’slicense must be provided to 2259 the person. The notice must be mailed to the person at the last 2260 known address shown on the department’s records, or to the 2261 address provided in the law enforcement officer’s report if such 2262 address differs from the address of record, within 7 days after 2263 completing the review. 2264 (7)(a) If the person whose license is suspended requests a 2265 formal review, the department must schedule a hearing to be held 2266 within 30 days after the request is received by the department 2267 and must notify the person of the date, time, and place of the 2268 hearing and shall issue such person a temporary driving permit 2269 for business purposes only to expire on the date that such 2270 review is scheduled to be conducted if the person is otherwise 2271 eligible. 2272 (b) The formal review hearing must be held before a hearing 2273 officer designatedemployedby the department, and the hearing 2274 officer may administer oaths, examine witnesses and take 2275 testimony, receive relevant evidence, issue subpoenas, regulate 2276 the course and conduct of the hearing, and make a ruling on the 2277 suspension. The hearing officer may conduct hearings using 2278 communications technology. The department and the person whose 2279 license was suspended may subpoena witnesses, and the party 2280 requesting the presence of a witness is responsible for paying 2281 any witness fees and for notifying in writing the state 2282 attorney’s office in the appropriate circuit of the issuance of 2283 the subpoena. If the person who requests a formal review hearing 2284 fails to appear and the hearing officer finds the failure to be 2285 without just cause, the right to a formal hearing is waived and 2286 the suspension is sustained. 2287 (c) The failure of a subpoenaed witness to appear at the 2288 formal review hearing shall not be grounds to invalidate the 2289 suspension. If a witness fails to appear, a party may seek 2290 enforcement of a subpoena under paragraph (b) by filing a 2291 petition for enforcement in the circuit court of the judicial 2292 circuit in which the person failing to comply with the subpoena 2293 resides. A failure to comply with an order of the court 2294 constitutes contempt of court. However, a person may not be held 2295 in contempt while a subpoena is being challenged. 2296 (d) The department must, within 7 working days after a 2297 formal review hearing, send notice to the person of the hearing 2298 officer’s decision as to whether sufficient cause exists to 2299 sustain, amend, or invalidate the suspension. 2300 (8) In a formal review hearing under subsection (7) or an 2301 informal review hearing under subsection (5), the hearing 2302 officer shall determine by a preponderance of the evidence 2303 whether sufficient cause exists to sustain, amend, or invalidate 2304 the suspension. The scope of the review is limited to the 2305 following issues: 2306 (a) If the license was suspended because the individual, 2307 then under the age of 21, drove with a blood-alcohol or breath 2308 alcohol level of 0.02 or higher: 2309 1. Whether the law enforcement officer had probable cause 2310 to believe that the person was under the age of 21 and was 2311 driving or in actual physical control of a motor vehicle in this 2312 state with any blood-alcohol or breath-alcohol level or while 2313 under the influence of alcoholic beverages. 2314 2. Whether the person was under the age of 21. 2315 3. Whether the person had a blood-alcohol or breath-alcohol 2316 level of 0.02 or higher. 2317 (b) If the license was suspended because of the 2318 individual’s refusal to submit to a breath test: 2319 1. Whether the law enforcement officer had probable cause 2320 to believe that the person was under the age of 21 and was 2321 driving or in actual physical control of a motor vehicle in this 2322 state with any blood-alcohol or breath-alcohol level or while 2323 under the influence of alcoholic beverages. 2324 2. Whether the person was under the age of 21. 2325 3. Whether the person refused to submit to a breath test 2326 after being requested to do so by a law enforcement officer or 2327 correctional officer. 2328 4. Whether the person was told that if he or she refused to 2329 submit to a breath test his or her privilege to operate a motor 2330 vehicle would be suspended for a period of 1 year or, in the 2331 case of a second or subsequent refusal, for a period of 18 2332 months. 2333 (9) Based on the determination of the hearing officer under 2334 subsection (8) for both informal hearings under subsection (5) 2335 and formal hearings under subsection (7), the department shall: 2336 (a) Sustain the suspension of the person’s driving 2337 privilege for a period of 1 year for a first refusal, or for a 2338 period of 18 months if the driving privilege of the person has 2339 been previously suspended, as provided in this section, as a 2340 result of a refusal to submit to a test. The suspension period 2341 commences on the date of the issuance of the notice of 2342 suspension. 2343 (b) Sustain the suspension of the person’s driving 2344 privilege for a period of 6 months for driving or being in 2345 actual physical control of a motor vehicle while under the age 2346 of 21 with a blood-alcohol or breath-alcohol level of 0.02 or 2347 higher, or for a period of 1 year if the driving privilege of 2348 such person has been previously suspended under this section. 2349 The suspension period commences on the date of the issuance of 2350 the notice of suspension. 2351 (10) A request for a formal review hearing or an informal 2352 review hearing shall not stay the suspension of the person’s 2353 driverdriver’slicense. If the department fails to schedule the 2354 formal review hearingto be heldwithin 30 days after receipt of 2355 the request therefor, the department shall invalidate the 2356 suspension. If the scheduled hearing is continued at the 2357 department’s initiative or the driver enforces the subpoena as 2358 provided in subsection (7), the department shall issue a 2359 temporary driving permit that is valid until the hearing is 2360 conducted if the person is otherwise eligible for the driving 2361 privilege. The permit shall not be issued to a person who 2362 requested a continuance of the hearing. The permit issued under 2363 this subsection authorizes driving for business or employment 2364 use only. 2365 (11) A person whose driverdriver’slicense is suspended 2366 under subsection (2) or subsection (4) may apply for issuance of 2367 a license for business or employment purposes only, pursuant to 2368 s. 322.271, if the person is otherwise eligible for the driving 2369 privilege. However, such a license may not be issued until 30 2370 days have elapsed after the expiration of the last temporary 2371 driving permit issued under this section. 2372 (12) The formal review hearing may be conducted upon a 2373 review of the reports of a law enforcement officer or 2374 correctional officer, including documents relating to the 2375 administration of a breath test or the refusal to take a test. 2376 However, as provided in subsection (7), the driver may subpoena 2377 the officer or any person who administered a breath or blood 2378 test. If the officer who suspended the driving privilege fails 2379 to appear pursuant to a subpoena as provided in subsection (7), 2380 the department shall invalidate the suspension. 2381 (13) The formal review hearing and the informal review 2382 hearing are exempt from chapter 120. The department may adopt 2383 rules for conducting reviews under this section. 2384 (14) A person may appeal any decision of the department 2385 sustaining a suspension of his or her driverdriver’slicense by 2386 a petition for writ of certiorari to the circuit court in the 2387 county wherein such person resides or wherein a formal or 2388 informal review was conducted under s. 322.31. However, an 2389 appeal does not stay the suspension. This subsection does not 2390 provide for a de novo reviewappeal. 2391 (15) The decision of the department under this section 2392 shall not be considered in any trial for a violation of s. 2393 316.193, nor shall any written statement submitted by a person 2394 in his or her request for departmental review under this section 2395 be admissible into evidence against him or her in any such 2396 trial. The disposition of any related criminal proceedings shall 2397 not affect a suspension imposed under this section. 2398 (16) By applying for and accepting and using a driver 2399driver’slicense, a person under the age of 21 years who holds 2400 the driverdriver’slicense is deemed to have expressed his or 2401 her consent to the provisions of this section. 2402 (17) A breath test to determine breath-alcohol level 2403 pursuant to this section may be conducted as authorized by s. 2404 316.1932 or by a breath-alcohol test device listed in the United 2405 States Department of Transportation’s conforming-product list of 2406 evidential breath-measurement devices. The reading from such a 2407 device is presumed accurate and is admissible in evidence in any 2408 administrative hearing conducted under this section. 2409 (18) The result of a blood test obtained during an 2410 investigation conducted under s. 316.1932 or s. 316.1933 may be 2411 used to suspend the driving privilege of a person under this 2412 section. 2413 (19) A violation of this section is neither a traffic 2414 infraction nor a criminal offense, nor does being detained 2415 pursuant to this section constitute an arrest. A violation of 2416 this section is subject to the administrative action provisions 2417 of this section, which are administered by the department 2418 through its administrative processes. Administrative actions 2419 taken pursuant to this section shall be recorded in the motor 2420 vehicle records maintained by the department. This section does 2421 not bar prosecution under s. 316.193. However, if the department 2422 suspends a person’s license under s. 322.2615 for a violation of 2423 s. 316.193, it may not also suspend the person’s license under 2424 this section for the same episode that was the basis for the 2425 suspension under s. 322.2615. 2426 Section 37. Section 322.64, Florida Statutes, is amended to 2427 read: 2428 322.64 Holder of commercial driverdriver’slicense; 2429 persons operating a commercial motor vehicle; driving with 2430 unlawful blood-alcohol level; refusal to submit to breath, 2431 urine, or blood test.— 2432 (1)(a) A law enforcement officer or correctional officer 2433 shall, on behalf of the department, disqualify from operating 2434 any commercial motor vehicle a person who while operating or in 2435 actual physical control of a commercial motor vehicle is 2436 arrested for a violation of s. 316.193, relating to unlawful 2437 blood-alcohol level or breath-alcohol level, or a person who has 2438 refused to submit to a breath, urine, or blood test authorized 2439 by s. 322.63 or s. 316.1932 arising out of the operation or 2440 actual physical control of a commercial motor vehicle. A law 2441 enforcement officer or correctional officer shall, on behalf of 2442 the department, disqualify the holder of a commercial driver 2443driver’slicense from operating any commercial motor vehicle if 2444 the licenseholder, while operating or in actual physical control 2445 of a motor vehicle, is arrested for a violation of s. 316.193, 2446 relating to unlawful blood-alcohol level or breath-alcohol 2447 level, or refused to submit to a breath, urine, or blood test 2448 authorized by s. 322.63 or s. 316.1932. Upon disqualification of 2449 the person, the officer shall take the person’s driverdriver’s2450 license and issue the person a 10-day temporary permit for the 2451 operation of noncommercial vehicles only if the person is 2452 otherwise eligible for the driving privilege and shall issue the 2453 person a notice of disqualification. If the person has been 2454 given a blood, breath, or urine test, the results of which are 2455 not available to the officer at the time of the arrest, the 2456 agency employing the officer shall transmit such results to the 2457 department within 5 days after receipt of the results. If the 2458 department then determines that the person had a blood-alcohol 2459 level or breath-alcohol level of 0.08 or higher, the department 2460 shall disqualify the person from operating a commercial motor 2461 vehicle pursuant to subsection (3). 2462 (b) For purposes of determining the period of 2463 disqualification described in 49 C.F.R. s. 383.51, a 2464 disqualification under paragraph (a) shall be considered a 2465 conviction. 2466 (c)(b)The disqualification under paragraph (a) shall be 2467 pursuant to, and the notice of disqualification shall inform the 2468 driver of, the following: 2469 1.a. The driver refused to submit to a lawful breath, 2470 blood, or urine test and he or she is disqualified from 2471 operating a commercial motor vehicle for the time period 2472 specified in 49 C.F.R. s. 383.51for a period of 1 year, for a2473first refusal, or permanently, if he or she has previously been2474disqualified under this section; or 2475 b. The driver had an unlawful blood-alcohol level of 0.08 2476 or higher whilewasdriving or in actual physical control of a 2477 commercial motor vehicle, or any motor vehicle if the driver 2478 holds a commercial driverdriver’slicense,had an unlawful2479blood-alcohol level or breath-alcohol level of0.08or higher,2480 and his or her driving privilege isshall bedisqualified for 2481 the time period specified in 49 C.F.R. s. 383.51a period of 12482year for a first offense or permanently disqualified if his or2483her driving privilege has been previously disqualified under2484this section. 2485 2. The disqualification period for operating commercial 2486 vehicles shall commence on the date of issuance of the notice of 2487 disqualification. 2488 3. The driver may request a formal or informal review of 2489 the disqualification by the department within 10 days after the 2490 date of issuance of the notice of disqualification. 2491 4. The temporary permit issued at the time of 2492 disqualification expires at midnight of the 10th day following 2493 the date of disqualification. 2494 5. The driver may submit to the department any materials 2495 relevant to the disqualification. 2496 (2)(a) Except as provided in paragraph (1)(a), the law 2497 enforcement officer shall forward to the department, within 5 2498 days after the date of the issuance of the notice of 2499 disqualification, a copy of the notice of disqualification, the 2500 driverdriver’slicense of the person disqualified, and an 2501 affidavit stating the officer’s grounds for belief that the 2502 person disqualified was operating or in actual physical control 2503 of a commercial motor vehicle, or holds a commercial driver 2504driver’slicense, and had an unlawful blood-alcohol or breath 2505 alcohol level; the results of any breath or blood or urine test 2506 or an affidavit stating that a breath, blood, or urine test was 2507 requested by a law enforcement officer or correctional officer 2508 and that the person arrested refused to submit; a copy of the 2509 notice of disqualification issued to the person; and the 2510 officer’s description of the person’s field sobriety test, if 2511 any. The failure of the officer to submit materials within the 2512 5-day period specified in this subsection or subsection (1) does 2513 not affect the department’s ability to consider any evidence 2514 submitted at or prior to the hearing. 2515 (b) The officer may also submit a copy of a video recording 2516videotapeof the field sobriety test or the attempt to 2517 administer such test and a copy of the crash report, if any. 2518 Notwithstanding s. 316.066, the crash report shall be considered 2519 by the hearing officer. 2520 (3) If the department determines that the person arrested 2521 should be disqualified from operating a commercial motor vehicle 2522 pursuant to this section and if the notice of disqualification 2523 has not already been served upon the person by a law enforcement 2524 officer or correctional officer as provided in subsection (1), 2525 the department shall issue a notice of disqualification and, 2526 unless the notice is mailed pursuant to s. 322.251, a temporary 2527 permit which expires 10 days after the date of issuance if the 2528 driver is otherwise eligible. 2529 (4) If the person disqualified requests an informal review 2530 pursuant to subparagraph (1)(c)3.(1)(b)3., the department shall 2531 conduct the informal review by a hearing officer designated 2532employedby the department. Such informal review hearing shall 2533 consist solely of an examination by the department of the 2534 materials submitted by a law enforcement officer or correctional 2535 officer and by the person disqualified, and the presence of an 2536 officer or witness is not required. 2537 (5) After completion of the informal review, notice of the 2538 department’s decision sustaining, amending, or invalidating the 2539 disqualification must be provided to the person. Such notice 2540 must be mailed to the person at the last known address shown on 2541 the department’s records, and to the address provided in the law 2542 enforcement officer’s report if such address differs from the 2543 address of record, within 21 days after the expiration of the 2544 temporary permit issued pursuant to subsection (1) or subsection 2545 (3). 2546 (6)(a) If the person disqualified requests a formal review, 2547 the department must schedule a hearing to be held within 30 days 2548 after such request is received by the department and must notify 2549 the person of the date, time, and place of the hearing. 2550 (b) Such formal review hearing shall be held before a 2551 hearing officer designatedemployedby the department, and the 2552 hearing officer shall be authorized to administer oaths, examine 2553 witnesses and take testimony, receive relevant evidence, issue 2554 subpoenas for the officers and witnesses identified in documents 2555 provided under paragraph (2)(a)as provided in subsection (2), 2556 regulate the course and conduct of the hearing, and make a 2557 ruling on the disqualification. The hearing officer may conduct 2558 hearings using communications technology. The department and the 2559 person disqualified may subpoena witnesses, and the party 2560 requesting the presence of a witness shall be responsible for 2561 the payment of any witness fees. If the person who requests a 2562 formal review hearing fails to appear and the hearing officer 2563 finds such failure to be without just cause, the right to a 2564 formal hearing is waived. 2565 (c) The failure of a subpoenaed witness to appear at the 2566 formal review hearing shall not be grounds to invalidate the 2567 disqualification. If a witness fails to appear, a party may seek 2568 enforcement of a subpoena under paragraph (b) by filing a 2569 petition for enforcement in the circuit court of the judicial 2570 circuit in which the person failing to comply with the subpoena 2571 resides or by filing a motion for enforcement in any criminal 2572 court case resulting from the driving or actual physical control 2573 of a motor vehicle or commercial motor vehicle that gave rise to 2574 the disqualification under this section. A failure to comply 2575 with an order of the court shall result in a finding of contempt 2576 of court. However, a person shall not be in contempt while a 2577 subpoena is being challenged. 2578 (d) The department must, within 7 working days after a 2579 formal review hearing, send notice to the person of the hearing 2580 officer’s decision as to whether sufficient cause exists to 2581 sustain, amend, or invalidate the disqualification. 2582 (7) In a formal review hearing under subsection (6) or an 2583 informal review hearing under subsection (4), the hearing 2584 officer shall determine by a preponderance of the evidence 2585 whether sufficient cause exists to sustain, amend, or invalidate 2586 the disqualification. The scope of the review shall be limited 2587 to the following issues: 2588 (a) If the person was disqualified from operating a 2589 commercial motor vehicle for driving with an unlawful blood 2590 alcohol level: 2591 1. Whether thearrestinglaw enforcement officer had 2592 probable cause to believe that the person was driving or in 2593 actual physical control of a commercial motor vehicle, or any 2594 motor vehicle if the driver holds a commercial driverdriver’s2595 license, in this state while he or she had any alcohol, chemical 2596 substances, or controlled substances in his or her body. 2597 2. Whether the person had an unlawful blood-alcohol level 2598 or breath-alcohol level of 0.08 or higher. 2599 (b) If the person was disqualified from operating a 2600 commercial motor vehicle for refusal to submit to a breath, 2601 blood, or urine test: 2602 1. Whether the law enforcement officer had probable cause 2603 to believe that the person was driving or in actual physical 2604 control of a commercial motor vehicle, or any motor vehicle if 2605 the driver holds a commercial driverdriver’slicense, in this 2606 state while he or she had any alcohol, chemical substances, or 2607 controlled substances in his or her body. 2608 2. Whether the person refused to submit to the test after 2609 being requested to do so by a law enforcement officer or 2610 correctional officer. 2611 3. Whether the person was told that if he or she refused to 2612 submit to such test he or she would be disqualified from 2613 operating a commercial motor vehicle for a period of 1 year or, 2614 if previously disqualified under this section, permanently. 2615 (8) Based on the determination of the hearing officer 2616 pursuant to subsection (7) for both informal hearings under 2617 subsection (4) and formal hearings under subsection (6), the 2618 department shall:2619(a)sustain the disqualification for the time period 2620 described in 49 C.F.R. s. 383.51a period of 1 year for a first2621refusal, or permanently if such person has been previously2622disqualified from operating a commercial motor vehicle under2623this section. The disqualification period commences on the date 2624 of the issuance of the notice of disqualification. 2625(b) Sustain the disqualification:26261. For a period of 1 year if the person was driving or in2627actual physical control of a commercial motor vehicle, or any2628motor vehicle if the driver holds a commercial driver’s license,2629and had an unlawful blood-alcohol level or breath-alcohol level2630of0.08or higher; or26312. Permanently if the person has been previously2632disqualified from operating a commercial motor vehicle under2633this section or his or her driving privilege has been previously2634suspended for driving or being in actual physical control of a2635commercial motor vehicle, or any motor vehicle if the driver2636holds a commercial driver’s license, and had an unlawful blood2637alcohol level or breath-alcohol level of0.08or higher.2638 2639The disqualification period commences on the date of the2640issuance of the notice of disqualification.2641 (9) A request for a formal review hearing or an informal 2642 review hearing shall not stay the disqualification. If the 2643 department fails to schedule the formal review hearingto be2644heldwithin 30 days after receipt of the request therefor, the 2645 department shall invalidate the disqualification. If the 2646 scheduled hearing is continued at the department’s initiative or 2647 the driver enforces the subpoena as provided in subsection (6), 2648 the department shall issue a temporary driving permit limited to 2649 noncommercial vehicles which is valid until the hearing is 2650 conducted if the person is otherwise eligible for the driving 2651 privilege. Such permit shall not be issued to a person who 2652 sought and obtained a continuance of the hearing. The permit 2653 issued under this subsection shall authorize driving for 2654 business purposes only. 2655 (10) A person who is disqualified from operating a 2656 commercial motor vehicle under subsection (1) or subsection (3) 2657 is eligible for issuance of a license for business or employment 2658 purposes only under s. 322.271 if the person is otherwise 2659 eligible for the driving privilege. However, such business or 2660 employment purposes license shall not authorize the driver to 2661 operate a commercial motor vehicle. 2662 (11) The formal review hearing may be conducted upon a 2663 review of the reports of a law enforcement officer or a 2664 correctional officer, including documents relating to the 2665 administration of a breath test or blood test or the refusal to 2666 take either test. However, as provided in subsection (6), the 2667 driver may subpoena the officer or any person who administered 2668 or analyzed a breath or blood test. If the arresting officer or 2669 the breath technician fails to appear pursuant to a subpoena as 2670 provided in subsection (6), the department shall invalidate the 2671 disqualification. 2672 (12) The formal review hearing and the informal review 2673 hearing are exempt from the provisions of chapter 120. The 2674 department mayis authorized toadopt rules for the conduct of 2675 reviews under this section. 2676 (13) A person may appeal any decision of the department 2677 sustaining the disqualification from operating a commercial 2678 motor vehicle by a petition for writ of certiorari to the 2679 circuit court in the county wherein such person resides or 2680 wherein a formal or informal review was conducted pursuant to s. 2681 322.31. However, an appeal shall not stay the disqualification. 2682 This subsection shall not be construed to provide for a de novo 2683 reviewappeal. 2684 (14) The decision of the department under this section 2685 shall not be considered in any trial for a violation of s. 2686 316.193, s. 322.61, or s. 322.62, nor shall any written 2687 statement submitted by a person in his or her request for 2688 departmental review under this section be admissible into 2689 evidence against him or her in any such trial. The disposition 2690 of any related criminal proceedings shall not affect a 2691 disqualification imposed pursuant to this section. 2692 (15) This section does not preclude the suspension of the 2693 driving privilege pursuant to s. 322.2615. The driving privilege 2694 of a person who has been disqualified from operating a 2695 commercial motor vehicle also may be suspended for a violation 2696 of s. 316.193. 2697 Section 38. Section 322.2715, Florida Statutes, is amended 2698 to read: 2699 322.2715 Ignition interlock device.— 2700 (1) Before issuing a permanent or restricted driver 2701driver’slicense under this chapter, the department shall 2702 require the placement of a department-approved ignition 2703 interlock device for any person convicted of committing an 2704 offense of driving under the influence as specified in 2705 subsection (3), except that consideration may be given to those 2706 individuals having a documented medical condition that would 2707 prohibit the device from functioning normally. If a medical 2708 waiver has been granted for a convicted person seeking a 2709 restricted license, the convicted person shall not be entitled 2710 to a restricted license until the required ignition interlock 2711 device installation period under subsection (3) expires, in 2712 addition to the time requirements under s. 322.271. If a medical 2713 waiver has been approved for a convicted person seeking 2714 permanent reinstatement of the driver license, the convicted 2715 person must be restricted to an employment-purposes-only license 2716 and be supervised by a licensed DUI program until the required 2717 ignition interlock device installation period under subsection 2718 (3) expires. An interlock device shall be placed on all vehicles 2719 that are individually or jointly leased or owned and routinely 2720 operated by the convicted person. 2721 (2) For purposes of this section, any conviction for a 2722 violation of s. 316.193, a previous conviction for a violation 2723 of former s. 316.1931, or a conviction outside this state for 2724 driving under the influence, driving while intoxicated, driving 2725 with an unlawful blood-alcohol level, or any other similar 2726 alcohol-related or drug-related traffic offense is a conviction 2727 of driving under the influence. 2728 (3) If the person is convicted of: 2729 (a) A first offense of driving under the influence under s. 2730 316.193 and has an unlawful blood-alcohol level or breath 2731 alcohol level as specified in s. 316.193(4), or if a person is 2732 convicted of a violation of s. 316.193 and was at the time of 2733 the offense accompanied in the vehicle by a person younger than 2734 18 years of age, the person shall have the ignition interlock 2735 device installed for at leastnot less than6 continuous months 2736 for the first offense and for at leastnot less than2 2737 continuous years for a second offense. 2738 (b) A second offense of driving under the influence, the 2739 ignition interlock device shall be installed for a period of at 2740 leastnot less than1 continuous year. 2741 (c) A third offense of driving under the influence which 2742 occurs within 10 years after a prior conviction for a violation 2743 of s. 316.193, the ignition interlock device shall be installed 2744 for a period of at leastnot less than2 continuous years. 2745 (d) A third offense of driving under the influence which 2746 occurs more than 10 years after the date of a prior conviction, 2747 the ignition interlock device shall be installed for a period of 2748 at leastnot less than2 continuous years. 2749 (e) A fourth or subsequent offense of driving under the 2750 influence, the ignition interlock device shall be installed for 2751 a period of at leastnot less than5 years. 2752 (4) If the court fails to order the mandatory placement of 2753 the ignition interlock device or fails to order for the 2754 applicable period the mandatory placement of an ignition 2755 interlock device under s. 316.193 or s. 316.1937 at the time of 2756 imposing sentence or within 30 days thereafter, the department 2757 shall immediately require that the ignition interlock device be 2758 installed as provided in this section, except that consideration 2759 may be given to those individuals having a documented medical 2760 condition that would prohibit the device from functioning 2761 normally. This subsection applies to the reinstatement of the 2762 driving privilege following a revocation, suspension, or 2763 cancellation that is based upon a conviction for the offense of 2764 driving under the influence which occurs on or after July 1, 2765 2005. 2766 (5) In addition to any fees authorized by rule for the 2767 installation and maintenance of the ignition interlock device, 2768 the authorized installer of the device shall collect and remit 2769 $12 for each installation to the department, which shall be 2770 deposited into the Highway Safety Operating Trust Fund to be 2771 used for the operation of the Ignition Interlock Device Program. 2772 Section 39. Section 322.28, Florida Statutes, is amended to 2773 read: 2774 322.28 Period of suspension or revocation.— 2775 (1) Unless otherwise provided by this section, the 2776 department shall not suspend a license for a period of more than 2777 1 year and, upon revoking a license, in any case except in a 2778 prosecution for the offense of driving a motor vehicle while 2779 under the influence of alcoholic beverages, chemical substances 2780 as set forth in s. 877.111, or controlled substances, shall not 2781 in any event grant a new license until the expiration of 1 year 2782 after such revocation. 2783 (2) In a prosecution for a violation of s. 316.193 or 2784 former s. 316.1931, the following provisions apply: 2785 (a) Upon conviction of the driver, the court, along with 2786 imposing sentence, shall revoke the driverdriver’slicense or 2787 driving privilege of the person so convicted, effective on the 2788 date of conviction, and shall prescribe the period of such 2789 revocation in accordance with the following provisions: 2790 1. Upon a first conviction for a violation of the 2791 provisions of s. 316.193, except a violation resulting in death, 2792 the driverdriver’slicense or driving privilege shall be 2793 revoked for at leastnot less than180 days but notormore than 2794 1 year. 2795 2. Upon a second conviction for an offense that occurs 2796 within a period of 5 years after the date of a prior conviction 2797 for a violation of the provisions of s. 316.193 or former s. 2798 316.1931 or a combination of such sections, the driverdriver’s2799 license or driving privilege shall be revoked for at leastnot2800less than5 years. 2801 3. Upon a third conviction for an offense that occurs 2802 within a period of 10 years after the date of a prior conviction 2803 for the violation of the provisions of s. 316.193 or former s. 2804 316.1931 or a combination of such sections, the driverdriver’s2805 license or driving privilege shall be revoked for at leastnot2806less than10 years. 2807 2808 For the purposes of this paragraph, a previous conviction 2809 outside this state for driving under the influence, driving 2810 while intoxicated, driving with an unlawful blood-alcohol level, 2811 or any other alcohol-related or drug-related traffic offense 2812 similar to the offense of driving under the influence as 2813 proscribed by s. 316.193 will be considered a previous 2814 conviction for violation of s. 316.193, and a conviction for 2815 violation of former s. 316.028, former s. 316.1931, or former s. 2816 860.01 is considered a conviction for violation of s. 316.193. 2817 (b) If the period of revocation was not specified by the 2818 court at the time of imposing sentence or within 30 days 2819 thereafter, and is not otherwise specified by law, the 2820 department shall forthwith revoke the driverdriver’slicense or 2821 driving privilege for the maximum period applicable under 2822 paragraph (a) for a first conviction and for the minimum period 2823 applicable under paragraph (a) for any subsequent convictions. 2824 The driver may, within 30 days after such revocation by the 2825 department, petition the court for further hearing on the period 2826 of revocation, and the court may reopen the case and determine 2827 the period of revocation within the limits specified in 2828 paragraph (a). 2829 (c) The forfeiture of bail bond, not vacated within 20 2830 days, in any prosecution for the offense of driving while under 2831 the influence of alcoholic beverages, chemical substances, or 2832 controlled substances to the extent of depriving the defendant 2833 of his or her normal faculties shall be deemed equivalent to a 2834 conviction for the purposes of this paragraph, and the 2835 department shall forthwith revoke the defendant’s driver 2836driver’slicense or driving privilege for the maximum period 2837 applicable under paragraph (a) for a first conviction and for 2838 the minimum period applicable under paragraph (a) for a second 2839 or subsequent conviction; however, if the defendant is later 2840 convicted of the charge, the period of revocation imposed by the 2841 department for such conviction shall not exceed the difference 2842 between the applicable maximum for a first conviction or minimum 2843 for a second or subsequent conviction and the revocation period 2844 under this subsection that has actually elapsed; upon conviction 2845 of such charge, the court may impose revocation for a period of 2846 time as specified in paragraph (a). This paragraph does not 2847 apply if an appropriate motion contesting the forfeiture is 2848 filed within the 20-day period. 2849(d) When any driver’s license or driving privilege has been2850revoked pursuant to the provisions of this section, the2851department shall not grant a new license, except upon2852reexamination of the licensee after the expiration of the period2853of revocation so prescribed. However, the court may, in its2854sound discretion, issue an order of reinstatement on a form2855furnished by the department which the person may take to any2856driver’s license examining office for reinstatement by the2857department pursuant to s.322.282.2858 (d)(e)The court shall permanently revoke the driver 2859driver’slicense or driving privilege of a person who has been 2860 convicted four times for violation of s. 316.193 or former s. 2861 316.1931 or a combination of such sections. The court shall 2862 permanently revoke the driverdriver’slicense or driving 2863 privilege of any person who has been convicted of DUI 2864 manslaughter in violation of s. 316.193. If the court has not 2865 permanently revoked such driverdriver’slicense or driving 2866 privilege within 30 days after imposing sentence, the department 2867 shall permanently revoke the driverdriver’slicense or driving 2868 privilege pursuant to this paragraph. No driverdriver’slicense 2869 or driving privilege may be issued or granted to any such 2870 person. This paragraph applies only if at least one of the 2871 convictions for violation of s. 316.193 or former s. 316.1931 2872 was for a violation that occurred after July 1, 1982. For the 2873 purposes of this paragraph, a conviction for violation of former 2874 s. 316.028, former s. 316.1931, or former s. 860.01 is also 2875 considered a conviction for violation of s. 316.193. Also, a 2876 conviction of driving under the influence, driving while 2877 intoxicated, driving with an unlawful blood-alcohol level, or 2878 any other similar alcohol-related or drug-related traffic 2879 offense outside this state is considered a conviction for the 2880 purposes of this paragraph. 2881 (e) Convictions that occur on the same date resulting from 2882 separate offense dates shall be treated as separate convictions, 2883 and the offense that occurred earlier will be deemed a prior 2884 conviction for the purposes of this section. 2885 (3) The court shall permanently revoke the driverdriver’s2886 license or driving privilege of a person who has been convicted 2887 of murder resulting from the operation of a motor vehicle. No 2888 driverdriver’slicense or driving privilege may be issued or 2889 granted to any such person. 2890 (4)(a) Upon a conviction for a violation of s. 2891 316.193(3)(c)2., involving serious bodily injury, a conviction 2892 of manslaughter resulting from the operation of a motor vehicle, 2893 or a conviction of vehicular homicide, the court shall revoke 2894 the driverdriver’slicense of the person convicted for a 2895 minimum period of 3 years. If a conviction under s. 2896 316.193(3)(c)2., involving serious bodily injury, is also a 2897 subsequent conviction as described under paragraph (2)(a), the 2898 court shall revoke the driverdriver’slicense or driving 2899 privilege of the person convicted for the period applicable as 2900 provided in paragraph (2)(a) or paragraph (2)(d)(2)(e). 2901 (b) If the period of revocation was not specified by the 2902 court at the time of imposing sentence or within 30 days 2903 thereafter, the department shall revoke the driverdriver’s2904 license for the minimum period applicable under paragraph (a) 2905 or, for a subsequent conviction, for the minimum period 2906 applicable under paragraph (2)(a) or paragraph (2)(d)(2)(e). 2907 (5) A court may not stay the administrative suspension of a 2908 driving privilege under s. 322.2615 or s. 322.2616 during 2909 judicial review of the departmental order that resulted in such 2910 suspension, and a suspension or revocation of a driving 2911 privilege may not be stayed upon an appeal of the conviction or 2912 order that resulted in the suspension or revocation. 2913 (6) In a prosecution for a violation of s. 316.172(1), and 2914 upon a showing of the department’s records that the licensee has 2915 received a second conviction within 5 years following the date 2916 of a prior conviction of s. 316.172(1), the department shall, 2917 upon direction of the court, suspend the driverdriver’slicense 2918 of the person convicted for a period of at leastnot less than2919 90 days but notormore than 6 months. 2920 (7) Following a second or subsequent violation of s. 2921 796.07(2)(f) which involves a motor vehicle and which results in 2922 any judicial disposition other than acquittal or dismissal, in 2923 addition to any other sentence imposed, the court shall revoke 2924 the person’s driverdriver’slicense or driving privilege, 2925 effective upon the date of the disposition, for a period of at 2926 leastnot less than1 year. A person sentenced under this 2927 subsection may request a hearing under s. 322.271. 2928 Section 40. Section 322.331, Florida Statutes, is repealed. 2929 Section 41. Section 322.61, Florida Statutes, is amended to 2930 read: 2931 322.61 Disqualification from operating a commercial motor 2932 vehicle.— 2933 (1) A person who, for offenses occurring within a 3-year 2934 period, is convicted of two of the following serious traffic 2935 violations or any combination thereof, arising in separate 2936 incidents committed in a commercial motor vehicle shall, in 2937 addition to any other applicable penalties, be disqualified from 2938 operating a commercial motor vehicle for a period of 60 days. A 2939 holder of a commercial driverdriver’slicense or commercial 2940 learner’s permit who, for offenses occurring within a 3-year 2941 period, is convicted of two of the following serious traffic 2942 violations, or any combination thereof, arising in separate 2943 incidents committed in a noncommercial motor vehicle shall, in 2944 addition to any other applicable penalties, be disqualified from 2945 operating a commercial motor vehicle for a period of 60 days if 2946 such convictions result in the suspension, revocation, or 2947 cancellation of the licenseholder’s driving privilege: 2948 (a) A violation of any state or local law relating to motor 2949 vehicle traffic control, other than a parking violation,a2950weight violation, or a vehicle equipment violation,arising in 2951 connection with a crash resulting in deathor personal injury to2952any person; 2953 (b) Reckless driving, as defined in s. 316.192; 2954(c) Careless driving, as defined in s.316.1925;2955(d) Fleeing or attempting to elude a law enforcement2956officer, as defined in s.316.1935;2957 (c)(e)Unlawful speed of 15 miles per hour or more above 2958 the posted speed limit; 2959(f) Driving a commercial motor vehicle, owned by such2960person, which is not properly insured;2961 (d)(g)Improper lane change, as defined in s. 316.085; 2962 (e)(h)Following too closely, as defined in s. 316.0895; 2963 (f)(i)Driving a commercial vehicle without obtaining a 2964 commercial driverdriver’slicense; 2965 (g)(j)Driving a commercial vehicle without the proper 2966 class of commercial driverdriver’slicense or commercial 2967 learner’s permit or without the proper endorsement; or 2968 (h)(k)Driving a commercial vehicle without a commercial 2969 driverdriver’slicense or commercial learner’s permit in 2970 possession, as required by s. 322.03.Any individual who2971provides proof to the clerk of the court or designated official2972in the jurisdiction where the citation was issued, by the date2973the individual must appear in court or pay any fine for such a2974violation, that the individual held a valid commercial driver’s2975license on the date the citation was issued is not guilty of2976this offense.2977 (2)(a) Any person who, for offenses occurring within a 3 2978 year period, is convicted of three serious traffic violations 2979 specified in subsection (1) or any combination thereof, arising 2980 in separate incidents committed in a commercial motor vehicle 2981 shall, in addition to any other applicable penalties, including 2982 but not limited to the penalty provided in subsection (1), be 2983 disqualified from operating a commercial motor vehicle for a 2984 period of 120 days. 2985 (b) A holder of a commercial driverdriver’slicense or 2986 commercial learner’s permit who, for offenses occurring within a 2987 3-year period, is convicted of three serious traffic violations 2988 specified in subsection (1) or any combination thereof arising 2989 in separate incidents committed in a noncommercial motor vehicle 2990 shall, in addition to any other applicable penalties, including, 2991 but not limited to, the penalty provided in subsection (1), be 2992 disqualified from operating a commercial motor vehicle for a 2993 period of 120 days if such convictions result in the suspension, 2994 revocation, or cancellation of the licenseholder’s driving 2995 privilege. 2996 (3)(a) Except as provided in subsection (4), any person who 2997 is convicted of one of the offenses listed in paragraph (b) 2998 while operating a commercial motor vehicle shall, in addition to 2999 any other applicable penalties, be disqualified from operating a 3000 commercial motor vehicle for a period of 1 year. 3001 (b) Except as provided in subsection (4), any holder of a 3002 commercial driver license or commercial learner’s permit who is 3003 convicted of one of the offenses listed in this paragraph while 3004 operating a noncommercial motor vehicle shall, in addition to 3005 any other applicable penalties, be disqualified from operating a 3006 commercial motor vehicle for a period of 1 year: 3007 1. Driving a motor vehicle while he or she is under the 3008 influence of alcohol or a controlled substance; 3009 2. Driving a commercial motor vehicle while the alcohol 3010 concentration of his or her blood, breath, or urine is .04 3011 percent or higher; 3012 3. Leaving the scene of a crash involving a motor vehicle 3013 driven by such person; 3014 4. Using a motor vehicle in the commission of a felony; 30155. Driving a commercial motor vehicle while in possession3016of a controlled substance;3017 5.6.Refusing to submit to a test to determine his or her 3018 alcohol concentration while driving a motor vehicle; 3019 6. Driving a commercial motor vehicle when, as a result of 3020 prior violations committed operating a commercial motor vehicle, 3021 his or her commercial driver license or commercial learner’s 3022 permit is revoked, suspended, or canceled, or he or she is 3023 disqualified from operating a commercial motor vehicle; or 30247. Driving a commercial vehicle while the licenseholder’s3025commercial driver license is suspended, revoked, or canceled or3026while the licenseholder is disqualified from driving a3027commercial vehicle; or3028 7.8.Causing a fatality through the negligent operation of 3029 a commercial motor vehicle. 3030 (4) Any person who is transporting hazardous materials as 3031 defined in s. 322.01(24) shall, upon conviction of an offense 3032 specified in subsection (3), be disqualified from operating a 3033 commercial motor vehicle for a period of 3 years. The penalty 3034 provided in this subsection shall be in addition to any other 3035 applicable penalty. 3036 (5) A person who is convicted of two violations specified 3037 in subsection (3) which were committed while operating a 3038 commercial motor vehicle, or any combination thereof, arising in 3039 separate incidents shall be permanently disqualified from 3040 operating a commercial motor vehicle. A holder of a commercial 3041 driver license or commercial learner’s permit who is convicted 3042 of two violations specified in subsection (3) which were 3043 committed while operating any motor vehicle arising in separate 3044 incidents shall be permanently disqualified from operating a 3045 commercial motor vehicle. The penalty provided in this 3046 subsection is in addition to any other applicable penalty. 3047 (6) Notwithstanding subsections (3), (4), and (5), any 3048 person who uses a commercial motor vehicle in the commission of 3049 any felony involving the manufacture, distribution, or 3050 dispensing of a controlled substance, including possession with 3051 intent to manufacture, distribute, or dispense a controlled 3052 substance, shall, upon conviction of such felony, be permanently 3053 disqualified from operating a commercial motor vehicle. 3054 Notwithstanding subsections (3), (4), and (5), any holder of a 3055 commercial driverdriver’slicense or commercial learner’s 3056 permit who uses a noncommercial motor vehicle in the commission 3057 of any felony involving the manufacture, distribution, or 3058 dispensing of a controlled substance, including possession with 3059 intent to manufacture, distribute, or dispense a controlled 3060 substance, shall, upon conviction of such felony, be permanently 3061 disqualified from operating a commercial motor vehicle. The 3062 penalty provided in this subsection is in addition to any other 3063 applicable penalty. 3064 (7) A person whose privilege to operate a commercial motor 3065 vehicle is disqualified under this section may, if otherwise 3066 qualified, be issued a Class E driverdriver’slicense, pursuant 3067 to s. 322.251. 3068 (8) A driver who is convicted of or otherwise found to have 3069 committed a violation of an out-of-service order while driving a 3070 commercial motor vehicle is disqualified as follows: 3071 (a) At leastNot less than180 days but notnormore than 1 3072 year if the driver is convicted of or otherwise found to have 3073 committed a first violation of an out-of-service order. 3074 (b) At leastNot less than2 years but notnormore than 5 3075 years if, for offenses occurring during any 10-year period, the 3076 driver is convicted of or otherwise found to have committed two 3077 violations of out-of-service orders in separate incidents. 3078 (c) At leastNot less than3 years but notnormore than 5 3079 years if, for offenses occurring during any 10-year period, the 3080 driver is convicted of or otherwise found to have committed 3081 three or more violations of out-of-service orders in separate 3082 incidents. 3083 (d) At leastNot less than180 days but notnormore than 2 3084 years if the driver is convicted of or otherwise found to have 3085 committed a first violation of an out-of-service order while 3086 transporting hazardous materials required to be placarded under 3087 the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101 3088 et seq., or while operating motor vehicles designed to transport 3089 more than 15 passengers, including the driver. A driver is 3090 disqualified for a period of at leastnot less than3 years but 3091 notnormore than 5 years if, for offenses occurring during any 3092 10-year period, the driver is convicted of or otherwise found to 3093 have committed any subsequent violations of out-of-service 3094 orders, in separate incidents, while transporting hazardous 3095 materials required to be placarded under the Hazardous Materials 3096 Transportation Act, 49 U.S.C. ss. 5101 et seq., or while 3097 operating motor vehicles designed to transport more than 15 3098 passengers, including the driver. 3099 (9) A driver who is convicted of or otherwise found to have 3100 committed an offense of operating a commercial motor vehicle in 3101 violation of federal, state, or local law or regulation 3102 pertaining to one of the following six offenses at a railroad 3103 highway grade crossing must be disqualified for the period of 3104 time specified in subsection (10): 3105 (a) For drivers who are not always required to stop, 3106 failing to slow down and check that the tracks are clear of 3107 approaching trains. 3108 (b) For drivers who are not always required to stop, 3109 failing to stop before reaching the crossing if the tracks are 3110 not clear. 3111 (c) For drivers who are always required to stop, failing to 3112 stop before driving onto the crossing. 3113 (d) For all drivers, failing to have sufficient space to 3114 drive completely through the crossing without stopping. 3115 (e) For all drivers, failing to obey a traffic control 3116 device or all directions of an enforcement official at the 3117 crossing. 3118 (f) For all drivers, failing to negotiate a crossing 3119 because of insufficient undercarriage clearance. 3120 (10)(a) A driver must be disqualified for at leastnot less3121than60 days if the driver is convicted of or otherwise found to 3122 have committed a first violation of a railroad-highway grade 3123 crossing violation. 3124 (b) A driver must be disqualified for at leastnot less3125than120 days if, for offenses occurring during any 3-year 3126 period, the driver is convicted of or otherwise found to have 3127 committed a second railroad-highway grade crossing violation in 3128 separate incidents. 3129 (c) A driver must be disqualified for at leastnot less3130than1 year if, for offenses occurring during any 3-year period, 3131 the driver is convicted of or otherwise found to have committed 3132 a third or subsequent railroad-highway grade crossing violation 3133 in separate incidents. 3134 Section 42. Paragraph (a) of subsection (1) of section 3135 324.0221, Florida Statutes, is amended to read: 3136 324.0221 Reports by insurers to the department; suspension 3137 of driverdriver’slicense and vehicle registrations; 3138 reinstatement.— 3139 (1)(a) Each insurer that has issued a policy providing 3140 personal injury protection coverage or property damage liability 3141 coverage shall report therenewal,cancellation,or nonrenewal 3142 thereof to the department within 1045days after the processing 3143effectivedate of eachrenewal,cancellation,or nonrenewal. 3144 Upon the issuance of a policy providing personal injury 3145 protection coverage or property damage liability coverage to a 3146 named insured not previously insured by the insurer during that 3147 calendar year, the insurer shall report the issuance of the new 3148 policy to the department within 1030days. The report shall be 3149 in the form and format and contain any information required by 3150 the department and must be provided in a format that is 3151 compatible with the data processing capabilities of the 3152 department. The department may adopt rules regarding the form 3153 and documentation required. Failure by an insurer to file proper 3154 reports with the department as required by this subsection or 3155 rules adopted with respect to the requirements of this 3156 subsection constitutes a violation of the Florida Insurance 3157 Code. These records shall be used by the department only for 3158 enforcement and regulatory purposes, including the generation by 3159 the department of data regarding compliance by owners of motor 3160 vehicles with the requirements for financial responsibility 3161 coverage. 3162 Section 43. Section 324.031, Florida Statutes, is amended 3163 to read: 3164 324.031 Manner of proving financial responsibility.—The 3165 owner or operator of a taxicab, limousine, jitney, or any other 3166 for-hire passenger transportation vehicle may prove financial 3167 responsibility by providing satisfactory evidence of holding a 3168 motor vehicle liability policy as defined in s. 324.021(8) or s. 3169 324.151, which policy is issued by an insurance carrier which is 3170 a member of the Florida Insurance Guaranty Association. The 3171 operator or owner of any other vehicle may prove his or her 3172 financial responsibility by: 3173 (1) Furnishing satisfactory evidence of holding a motor 3174 vehicle liability policy as defined in ss. 324.021(8) and 3175 324.151; 3176(2) Posting with the department a satisfactory bond of a3177surety company authorized to do business in this state,3178conditioned for payment of the amount specified in s.3179324.021(7);3180 (2)(3)Furnishing a certificate of self-insurancethe3181departmentshowing a deposit of cashor securitiesin accordance 3182 with s. 324.161; or 3183 (3)(4)Furnishing a certificate of self-insurance issued by 3184 the department in accordance with s. 324.171. 3185 3186 Any person, including any firm, partnership, association, 3187 corporation, or other person, other than a natural person, 3188 electing to use the method of proof specified in subsection (2) 3189or subsection (3)shall furnish a certificate ofpost a bond or3190 deposit equal to the number of vehicles owned times $30,000, to 3191 a maximum of $120,000; in addition, any such person, other than 3192 a natural person, shall maintain insurance providing coverage in 3193 excess of limits of $10,000/20,000/10,000 or $30,000 combined 3194 single limits, and such excess insurance shall provide minimum 3195 limits of $125,000/250,000/50,000 or $300,000 combined single 3196 limits. These increased limits shall not affect the requirements 3197 for proving financial responsibility under s. 324.032(1). 3198 Section 44. Subsection (1) of section 324.091, Florida 3199 Statutes, is amended to read: 3200 324.091 Notice to department; notice to insurer.— 3201 (1) Each owner and operator involved in a crash or 3202 conviction case within the purview of this chapter shall furnish 3203 evidence of automobile liability insurance or,motor vehicle 3204 liability insurance, or a surety bondwithin 14 days after the 3205 date of the mailing of notice of crash by the department in the 3206 form and manner as it may designate. Upon receipt of evidence 3207 that an automobile liability policy or,motor vehicle liability 3208 policy, or surety bondwas in effect at the time of the crash or 3209 conviction case, the department shall forwardby United States3210mail, postage prepaid,to the insureror surety insurer a copy3211ofsuch information for verification in a method as determined 3212 by the department.and shall assume that the policy or bond was3213in effect, unlessThe insurer shall respond toor surety insurer3214notifiesthe departmentotherwisewithin 20 days afterthe3215mailing ofthe notice whether or not such information is valid 3216to the insurer or surety insurer.However,If the department 3217laterdetermines that an automobile liability policy or,motor 3218 vehicle liability policy, or surety bondwas not in effect and 3219 did not provide coverage for both the owner and the operator, it 3220 shall take action as it isotherwiseauthorized to do under this 3221 chapter.Proof of mailing to the insurer or surety insurer may3222be made by the department by naming the insurer or surety3223insurer to whom the mailing was made and by specifying the time,3224place, and manner of mailing.3225 Section 45. Section 324.161, Florida Statutes, is amended 3226 to read: 3227 324.161 Proof of financial responsibility;surety bond or3228 deposit.—Annually, before any certificate of insurance may be 3229 issued to a person, including any firm, partnership, 3230 association, corporation, or other person, other than a natural 3231 person, proof of a certificate of deposit of $30,000 issued and 3232 held by a financial institution must be submitted to the 3233 department. A power of attorney will be issued to and held by 3234 the department and may be executed uponThe certificate of the3235department of a deposit may be obtained by depositing with it3236$30,000 cash or securities such as may be legally purchased by3237savings banks or for trust funds, of a market value of $30,0003238and which deposit shall be held by the department to satisfy, in3239accordance with the provisions of this chapter, any execution on3240 a judgment issued against such person making the deposit, for 3241 damages because of bodily injury to or death of any person or 3242 for damages because of injury to or destruction of property 3243 resulting from the use or operation of any motor vehicle 3244 occurring after such deposit was made. Moneyor securitiesso 3245 deposited shall not be subject to attachment or execution unless 3246 such attachment or execution shall arise out of a suit for 3247 damages as aforesaid. 3248 Section 46. Paragraph (a) of subsection (1) of section 3249 328.01, Florida Statutes, is amended to read: 3250 328.01 Application for certificate of title.— 3251 (1)(a) The owner of a vessel which is required to be titled 3252 shall apply to the county tax collector for a certificate of 3253 title. The application shall include the true name of the owner, 3254 the residence or business address of the owner, and the complete 3255 description of the vessel, including the hull identification 3256 number, except that an application for a certificate of title 3257 for a homemade vessel shall state all the foregoing information 3258 except the hull identification number. The application shall be 3259 signed by the owner and shall be accompanied by personal or 3260 business identification and the prescribed fee. An individual 3261 applicant must provide a valid driver license or identification 3262 card issued by this state or another state or a valid passport. 3263 A business applicant must provide a federal employer 3264 identification number, if applicable, verification that the 3265 business is authorized to conduct business in the state, or a 3266 Florida city or county business license or number, which may3267include, but need not be limited to, a driver’s license number,3268Florida identification card number, or federal employer3269identification number, and the prescribed fee. 3270 Section 47. Paragraph (a) of subsection (1) of section 3271 328.48, Florida Statutes, is amended to read: 3272 328.48 Vessel registration, application, certificate, 3273 number, decal, duplicate certificate.— 3274 (1)(a) The owner of each vessel required by this law to pay 3275 a registration fee and secure an identification number shall 3276 file an application with the county tax collector. The 3277 application shall provide the owner’s name and address; 3278 residency status; personal or business identification, which may3279include, but need not be limited to, a driver’s license number,3280Florida identification card number, or federal employer3281identification number; and a complete description of the vessel, 3282 and shall be accompanied by payment of the applicable fee 3283 required in s. 328.72. An individual applicant must provide a 3284 valid driver license or identification card issued by this state 3285 or another state or a valid passport. A business applicant must 3286 provide a federal employer identification number, if applicable, 3287 verification that the business is authorized to conduct business 3288 in the state, or a Florida city or county business license or 3289 number. Registration is not required for any vessel that is not 3290 used on the waters of this state. 3291 Section 48. Subsection (1) of section 328.76, Florida 3292 Statutes, is amended to read: 3293 328.76 Marine Resources Conservation Trust Fund; vessel 3294 registration funds; appropriation and distribution.— 3295 (1) Except as otherwise specified in this subsection and 3296 less the amount equal to$1.4 million forany administrative 3297 costs which shall be deposited in the Highway Safety Operating 3298 Trust Fund, in each fiscal year beginning on or after July 1, 3299 2001, all funds collected from the registration of vessels 3300 through the Department of Highway Safety and Motor Vehicles and 3301 the tax collectors of the state, except for those funds 3302 designated as the county portion pursuant to s. 328.72(1), shall 3303 be deposited in the Marine Resources Conservation Trust Fund for 3304 recreational channel marking; public launching facilities; law 3305 enforcement and quality control programs; aquatic weed control; 3306 manatee protection, recovery, rescue, rehabilitation, and 3307 release; and marine mammal protection and recovery. The funds 3308 collected pursuant to s. 328.72(1) shall be transferred as 3309 follows: 3310 (a) In each fiscal year, an amount equal to $1.50 for each 3311 commercial and recreational vessel registered in this state 3312 shall be transferred by the Department of Highway Safety and 3313 Motor Vehicles to the Save the Manatee Trust Fund and shall be 3314 used only for the purposes specified in s. 379.2431(4). 3315 (b) An amount equal to $2 from each recreational vessel 3316 registration fee, except that for class A-1 vessels, shall be 3317 transferred by the Department of Highway Safety and Motor 3318 Vehicles to the Invasive Plant Control Trust Fund in the Fish 3319 and Wildlife Conservation Commission for aquatic weed research 3320 and control. 3321 (c) An amount equal to 40 percent of the registration fees 3322 from commercial vessels shall be transferred by the Department 3323 of Highway Safety and Motor Vehicles to the Invasive Plant 3324 Control Trust Fund in the Fish and Wildlife Conservation 3325 Commission for aquatic plant research and control. 3326 (d) An amount equal to 40 percent of the registration fees 3327 from commercial vessels shall be transferred by the Department 3328 of Highway Safety and Motor Vehicles, on a monthly basis, to the 3329 General Inspection Trust Fund of the Department of Agriculture 3330 and Consumer Services. These funds shall be used for shellfish 3331 and aquaculture law enforcement and quality control programs. 3332 Section 49. Paragraph (aa) of subsection (7) of section 3333 212.08, Florida Statutes, is amended to read: 3334 212.08 Sales, rental, use, consumption, distribution, and 3335 storage tax; specified exemptions.—The sale at retail, the 3336 rental, the use, the consumption, the distribution, and the 3337 storage to be used or consumed in this state of the following 3338 are hereby specifically exempt from the tax imposed by this 3339 chapter. 3340 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any 3341 entity by this chapter do not inure to any transaction that is 3342 otherwise taxable under this chapter when payment is made by a 3343 representative or employee of the entity by any means, 3344 including, but not limited to, cash, check, or credit card, even 3345 when that representative or employee is subsequently reimbursed 3346 by the entity. In addition, exemptions provided to any entity by 3347 this subsection do not inure to any transaction that is 3348 otherwise taxable under this chapter unless the entity has 3349 obtained a sales tax exemption certificate from the department 3350 or the entity obtains or provides other documentation as 3351 required by the department. Eligible purchases or leases made 3352 with such a certificate must be in strict compliance with this 3353 subsection and departmental rules, and any person who makes an 3354 exempt purchase with a certificate that is not in strict 3355 compliance with this subsection and the rules is liable for and 3356 shall pay the tax. The department may adopt rules to administer 3357 this subsection. 3358 (aa) Certain commercial vehicles.—Also exempt is the sale, 3359 lease, or rental of a commercial motor vehicle as defined in s. 3360 207.002207.002(2), when the following conditions are met: 3361 1. The sale, lease, or rental occurs between two commonly 3362 owned and controlled corporations; 3363 2. Such vehicle was titled and registered in this state at 3364 the time of the sale, lease, or rental; and 3365 3. Florida sales tax was paid on the acquisition of such 3366 vehicle by the seller, lessor, or renter. 3367 Section 50. Subsection (8) of section 261.03, Florida 3368 Statutes, is amended to read: 3369 261.03 Definitions.—As used in this chapter, the term: 3370 (8) “ROV” means any motorized recreational off-highway 3371 vehicle 64 inches or less in width, having a dry weight of 2,000 3372 pounds or less, designed to travel on four or more nonhighway 3373 tires, having nonstraddle seating and a steering wheel, and 3374 manufactured for recreational use by one or more persons. The 3375 term “ROV” does not include a golf cart as defined in ss. 320.01 3376320.01(22)and 316.003(68) or a low-speed vehicle as defined in 3377 s. 320.01320.01(42). 3378 Section 51. Section 316.2122, Florida Statutes, is amended 3379 to read: 3380 316.2122 Operation of a low-speed vehicle or mini truck on 3381 certain roadways.—The operation of a low-speed vehicle as 3382 defined in s. 320.01320.01(42)or a mini truck as defined in s. 3383 320.01320.01(45)on any road is authorized with the following 3384 restrictions: 3385 (1) A low-speed vehicle or mini truck may be operated only 3386 on streets where the posted speed limit is 35 miles per hour or 3387 less. This does not prohibit a low-speed vehicle or mini truck 3388 from crossing a road or street at an intersection where the road 3389 or street has a posted speed limit of more than 35 miles per 3390 hour. 3391 (2) A low-speed vehicle must be equipped with headlamps, 3392 stop lamps, turn signal lamps, taillamps, reflex reflectors, 3393 parking brakes, rearview mirrors, windshields, seat belts, and 3394 vehicle identification numbers. 3395 (3) A low-speed vehicle or mini truck must be registered 3396 and insured in accordance with s. 320.02 and titled pursuant to 3397 chapter 319. 3398 (4) Any person operating a low-speed vehicle or mini truck 3399 must have in his or her possession a valid driverdriver’s3400 license. 3401 (5) A county or municipality may prohibit the operation of 3402 low-speed vehicles or mini trucks on any road under its 3403 jurisdiction if the governing body of the county or municipality 3404 determines that such prohibition is necessary in the interest of 3405 safety. 3406 (6) The Department of Transportation may prohibit the 3407 operation of low-speed vehicles or mini trucks on any road under 3408 its jurisdiction if it determines that such prohibition is 3409 necessary in the interest of safety. 3410 Section 52. Section 316.2124, Florida Statutes, is amended 3411 to read: 3412 316.2124 Motorized disability access vehicles.—The 3413 Department of Highway Safety and Motor Vehicles is directed to 3414 provide, by rule, for the regulation of motorized disability 3415 access vehicles as described in s. 320.01320.01(34). The 3416 department shall provide that motorized disability access 3417 vehicles shall be registered in the same manner as motorcycles 3418 and shall pay the same registration fee as for a motorcycle. 3419 There shall also be assessed, in addition to the registration 3420 fee, a $2.50 surcharge for motorized disability access vehicles. 3421 This surcharge shall be paid into the Highway Safety Operating 3422 Trust Fund. Motorized disability access vehicles shall not be 3423 required to be titled by the department. The department shall 3424 require motorized disability access vehicles to be subject to 3425 the same safety requirements as set forth in this chapter for 3426 motorcycles. 3427 Section 53. Subsection (1) of section 316.21265, Florida 3428 Statutes, is amended to read: 3429 316.21265 Use of all-terrain vehicles, golf carts, low 3430 speed vehicles, or utility vehicles by law enforcement 3431 agencies.— 3432 (1) Notwithstanding any provision of law to the contrary, 3433 any law enforcement agency in this state may operate all-terrain 3434 vehicles as defined in s. 316.2074, golf carts as defined in s. 3435 320.01320.01(22), low-speed vehicles as defined in s. 320.01 3436320.01(42), or utility vehicles as defined in s. 320.01 3437320.01(43)on any street, road, or highway in this state while 3438 carrying out its official duties. 3439 Section 54. Subsection (1) of section 316.3026, Florida 3440 Statutes, is amended to read: 3441 316.3026 Unlawful operation of motor carriers.— 3442 (1) The Office of Commercial Vehicle Enforcement may issue 3443 out-of-service orders to motor carriers, as defined in s. 320.01 3444320.01(33), who, after proper notice, have failed to pay any 3445 penalty or fine assessed by the department, or its agent, 3446 against any owner or motor carrier for violations of state law, 3447 refused to submit to a compliance review and provide records 3448 pursuant to s. 316.302(5) or s. 316.70, or violated safety 3449 regulations pursuant to s. 316.302 or insurance requirements in 3450 s. 627.7415. Such out-of-service orders have the effect of 3451 prohibiting the operations of any motor vehicles owned, leased, 3452 or otherwise operated by the motor carrier upon the roadways of 3453 this state, until the violations have been corrected or 3454 penalties have been paid. Out-of-service orders must be approved 3455 by the director of the Division of the Florida Highway Patrol or 3456 his or her designee. An administrative hearing pursuant to s. 3457 120.569 shall be afforded to motor carriers subject to such 3458 orders. 3459 Section 55. Paragraph (a) of subsection (5) and subsection 3460 (10) of section 316.550, Florida Statutes, are amended to read: 3461 316.550 Operations not in conformity with law; special 3462 permits.— 3463 (5)(a) The Department of Transportation may issue a wrecker 3464 special blanket permit to authorize a wrecker as defined in s. 3465 320.01320.01(40)to tow a disabled motor vehicle as defined in 3466 s. 320.01320.01(38)where the combination of the wrecker and 3467 the disabled vehicle being towed exceeds the maximum weight 3468 limits as established by s. 316.535. 3469 (10) Whenever any motor vehicle, or the combination of a 3470 wrecker as defined in s. 320.01320.01(40)and a towed motor 3471 vehicle, exceeds any weight or dimensional criteria or special 3472 operational or safety stipulation contained in a special permit 3473 issued under the provisions of this section, the penalty 3474 assessed to the owner or operator shall be as follows: 3475 (a) For violation of weight criteria contained in a special 3476 permit, the penalty per pound or portion thereof exceeding the 3477 permitted weight shall be as provided in s. 316.545. 3478 (b) For each violation of dimensional criteria in a special 3479 permit, the penalty shall be as provided in s. 316.516 and 3480 penalties for multiple violations of dimensional criteria shall 3481 be cumulative except that the total penalty for the vehicle 3482 shall not exceed $1,000. 3483 (c) For each violation of an operational or safety 3484 stipulation in a special permit, the penalty shall be an amount 3485 not to exceed $1,000 per violation and penalties for multiple 3486 violations of operational or safety stipulations shall be 3487 cumulative except that the total penalty for the vehicle shall 3488 not exceed $1,000. 3489 (d) For violation of any special condition that has been 3490 prescribed in the rules of the Department of Transportation and 3491 declared on the permit, the vehicle shall be determined to be 3492 out of conformance with the permit and the permit shall be 3493 declared null and void for the vehicle, and weight and 3494 dimensional limits for the vehicle shall be as established in s. 3495 316.515 or s. 316.535, whichever is applicable, and: 3496 1. For weight violations, a penalty as provided in s. 3497 316.545 shall be assessed for those weights which exceed the 3498 limits thus established for the vehicle; and 3499 2. For dimensional, operational, or safety violations, a 3500 penalty as established in paragraph (c) or s. 316.516, whichever 3501 is applicable, shall be assessed for each nonconforming 3502 dimensional, operational, or safety violation and the penalties 3503 for multiple violations shall be cumulative for the vehicle. 3504 Section 56. Subsection (9) of section 317.0003, Florida 3505 Statutes, is amended to read: 3506 317.0003 Definitions.—As used in this chapter, the term: 3507 (9) “ROV” means any motorized recreational off-highway 3508 vehicle 64 inches or less in width, having a dry weight of 2,000 3509 pounds or less, designed to travel on four or more nonhighway 3510 tires, having nonstraddle seating and a steering wheel, and 3511 manufactured for recreational use by one or more persons. The 3512 term “ROV” does not include a golf cart as defined in ss. 320.01 3513320.01(22)and 316.003(68) or a low-speed vehicle as defined in 3514 s. 320.01320.01(42). 3515 Section 57. Paragraph (d) of subsection (5) of section 3516 320.08, Florida Statutes, is amended to read: 3517 320.08 License taxes.—Except as otherwise provided herein, 3518 there are hereby levied and imposed annual license taxes for the 3519 operation of motor vehicles, mopeds, motorized bicycles as 3520 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003, 3521 and mobile homes, as defined in s. 320.01, which shall be paid 3522 to and collected by the department or its agent upon the 3523 registration or renewal of registration of the following: 3524 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; 3525 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.— 3526 (d) A wrecker, as defined in s. 320.01320.01(40), which is 3527 used to tow a vessel as defined in s. 327.02(39), a disabled, 3528 abandoned, stolen-recovered, or impounded motor vehicle as 3529 defined in s. 320.01320.01(38), or a replacement motor vehicle 3530 as defined in s. 320.01320.01(39): $41 flat, of which $11 shall 3531 be deposited into the General Revenue Fund. 3532 Section 58. Subsection (1) of section 320.0847, Florida 3533 Statutes, is amended to read: 3534 320.0847 Mini truck and low-speed vehicle license plates.— 3535 (1) The department shall issue a license plate to the owner 3536 or lessee of any vehicle registered as a low-speed vehicle as 3537 defined in s. 320.01320.01(42)or a mini truck as defined in s. 3538 320.01320.01(45)upon payment of the appropriate license taxes 3539 and fees prescribed in s. 320.08. 3540 Section 59. Subsections (4) and (5) of section 322.271, 3541 Florida Statutes, are amended to read: 3542 322.271 Authority to modify revocation, cancellation, or 3543 suspension order.— 3544 (4) Notwithstanding the provisions of s. 322.28(2)(d) 3545322.28(2)(e), a person whose driving privilege has been 3546 permanently revoked because he or she has been convicted of DUI 3547 manslaughter in violation of s. 316.193 and has no prior 3548 convictions for DUI-related offenses may, upon the expiration of 3549 5 years after the date of such revocation or the expiration of 5 3550 years after the termination of any term of incarceration under 3551 s. 316.193 or former s. 316.1931, whichever date is later, 3552 petition the department for reinstatement of his or her driving 3553 privilege. 3554 (a) Within 30 days after the receipt of such a petition, 3555 the department shall afford the petitioner an opportunity for a 3556 hearing. At the hearing, the petitioner must demonstrate to the 3557 department that he or she: 3558 1. Has not been arrested for a drug-related offense during 3559 the 5 years preceding the filing of the petition; 3560 2. Has not driven a motor vehicle without a license for at 3561 least 5 years prior to the hearing; 3562 3. Has been drug-free for at least 5 years prior to the 3563 hearing; and 3564 4. Has completed a DUI program licensed by the department. 3565 (b) At such hearing, the department shall determine the 3566 petitioner’s qualification, fitness, and need to drive. Upon 3567 such determination, the department may, in its discretion, 3568 reinstate the driverdriver’slicense of the petitioner. Such 3569 reinstatement must be made subject to the following 3570 qualifications: 3571 1. The license must be restricted for employment purposes 3572 for at leastnot less than1 year; and 3573 2. Such person must be supervised by a DUI program licensed 3574 by the department and report to the program for such supervision 3575 and education at least four times a year or additionally as 3576 required by the program for the remainder of the revocation 3577 period. Such supervision shall include evaluation, education, 3578 referral into treatment, and other activities required by the 3579 department. 3580 (c) Such person must assume the reasonable costs of 3581 supervision. If such person fails to comply with the required 3582 supervision, the program shall report the failure to the 3583 department, and the department shall cancel such person’s 3584 driving privilege. 3585 (d) If, after reinstatement, such person is convicted of an 3586 offense for which mandatory revocation of his or her license is 3587 required, the department shall revoke his or her driving 3588 privilege. 3589 (e) The department shall adopt rules regulating the 3590 providing of services by DUI programs pursuant to this section. 3591 (5) Notwithstanding the provisions of s. 322.28(2)(d) 3592322.28(2)(e), a person whose driving privilege has been 3593 permanently revoked because he or she has been convicted four or 3594 more times of violating s. 316.193 or former s. 316.1931 may, 3595 upon the expiration of 5 years after the date of the last 3596 conviction or the expiration of 5 years after the termination of 3597 any incarceration under s. 316.193 or former s. 316.1931, 3598 whichever is later, petition the department for reinstatement of 3599 his or her driving privilege. 3600 (a) Within 30 days after receipt of a petition, the 3601 department shall provide for a hearing, at which the petitioner 3602 must demonstrate that he or she: 3603 1. Has not been arrested for a drug-related offense for at 3604 least 5 years prior to filing the petition; 3605 2. Has not driven a motor vehicle without a license for at 3606 least 5 years prior to the hearing; 3607 3. Has been drug-free for at least 5 years prior to the 3608 hearing; and 3609 4. Has completed a DUI program licensed by the department. 3610 (b) At the hearing, the department shall determine the 3611 petitioner’s qualification, fitness, and need to drive, and may, 3612 after such determination, reinstate the petitioner’s driver 3613driver’slicense. The reinstatement shall be subject to the 3614 following qualifications: 3615 1. The petitioner’s license must be restricted for 3616 employment purposes for at leastnot less than1 year; and 3617 2. The petitioner must be supervised by a DUI program 3618 licensed by the department and must report to the program for 3619 supervision and education at least four times a year or more, as 3620 required by the program, for the remainder of the revocation 3621 period. The supervision shall include evaluation, education, 3622 referral into treatment, and other activities required by the 3623 department. 3624 (c) The petitioner must assume the reasonable costs of 3625 supervision. If the petitioner does not comply with the required 3626 supervision, the program shall report the failure to the 3627 department, and the department shall cancel such person’s 3628 driving privilege. 3629 (d) If, after reinstatement, the petitioner is convicted of 3630 an offense for which mandatory license revocation is required, 3631 the department shall revoke his or her driving privilege. 3632 (e) The department shall adopt rules regulating the 3633 services provided by DUI programs pursuant to this section. 3634 Section 60. Section 322.282, Florida Statutes, is amended 3635 to read: 3636 322.282 Procedure when court revokes or suspends license or 3637 driving privilege and orders reinstatement.—When a court 3638 suspends or revokes a person’s license or driving privilege and, 3639 in its discretion, orders reinstatementas provided by s.3640322.28(2)(d) or former s.322.261(5): 3641 (1) The court shall pick up all revoked or suspended driver 3642driver’slicenses from the person and immediately forward them 3643 to the department, together with a record of such conviction. 3644 The clerk of such court shall also maintain a list of all 3645 revocations or suspensions by the court. 3646 (2)(a) The court shall issue an order of reinstatement, on 3647 a form to be furnished by the department, which the person may 3648 take to any driverdriver’slicense examining office. The 3649 department shall issue a temporary driverdriver’spermit to a 3650 licensee who presents the court’s order of reinstatement, proof 3651 of completion of a department-approved driver training or 3652 substance abuse education course, and a written request for a 3653 hearing under s. 322.271. The permit shall not be issued if a 3654 record check by the department shows that the person has 3655 previously been convicted for a violation of s. 316.193, former 3656 s. 316.1931, former s. 316.028, former s. 860.01, or a previous 3657 conviction outside this state for driving under the influence, 3658 driving while intoxicated, driving with an unlawful blood 3659 alcohol level, or any similar alcohol-related or drug-related 3660 traffic offense; that the person’s driving privilege has been 3661 previously suspended for refusal to submit to a lawful test of 3662 breath, blood, or urine; or that the person is otherwise not 3663 entitled to issuance of a driverdriver’slicense. This 3664 paragraph shall not be construed to prevent the reinstatement of 3665 a license or driving privilege that is presently suspended for 3666 driving with an unlawful blood-alcohol level or a refusal to 3667 submit to a breath, urine, or blood test and is also revoked for 3668 a conviction for a violation of s. 316.193 or former s. 3669 316.1931, if the suspension and revocation arise out of the same 3670 incident. 3671 (b) The temporary driverdriver’spermit shall be 3672 restricted to either business or employment purposes described 3673 in s. 322.271, as determined by the department, and shall not be 3674 used for pleasure, recreational, or nonessential driving. 3675 (c) If the department determines at a later date from its 3676 records that the applicant has previously been convicted of an 3677 offense referred to in paragraph (a) which would render him or 3678 her ineligible for reinstatement, the department shall cancel 3679 the temporary driverdriver’spermit and shall issue a 3680 revocation or suspension order for the minimum period 3681 applicable. A temporary permit issued pursuant to this section 3682 shall be valid for 45 days or until canceled as provided in this 3683 paragraph. 3684 (d) The period of time for which a temporary permit issued 3685 in accordance with paragraph (a) is valid shall be deemed to be 3686 part of the period of revocation imposed by the court. 3687 Section 61. Section 324.023, Florida Statutes, is amended 3688 to read: 3689 324.023 Financial responsibility for bodily injury or 3690 death.—In addition to any other financial responsibility 3691 required by law, every owner or operator of a motor vehicle that 3692 is required to be registered in this state, or that is located 3693 within this state, and who, regardless of adjudication of guilt, 3694 has been found guilty of or entered a plea of guilty or nolo 3695 contendere to a charge of driving under the influence under s. 3696 316.193 after October 1, 2007, shall, by one of the methods 3697 established in s. 324.031(1) or,(2),or (3),establish and 3698 maintain the ability to respond in damages for liability on 3699 account of accidents arising out of the use of a motor vehicle 3700 in the amount of $100,000 because of bodily injury to, or death 3701 of, one person in any one crash and, subject to such limits for 3702 one person, in the amount of $300,000 because of bodily injury 3703 to, or death of, two or more persons in any one crash and in the 3704 amount of $50,000 because of property damage in any one crash. 3705 If the owner or operator chooses to establish and maintain such 3706 ability byposting a bond orfurnishing a certificate of deposit 3707 pursuant to s. 324.031(2)or (3), suchbond orcertificate of 3708 deposit must be at leastin an amount not less than$350,000. 3709 Such higher limits must be carried for a minimum period of 3 3710 years. If the owner or operator has not been convicted of 3711 driving under the influence or a felony traffic offense for a 3712 period of 3 years from the date of reinstatement of driving 3713 privileges for a violation of s. 316.193, the owner or operator 3714 shall be exempt from this section. 3715 Section 62. Paragraph (c) of subsection (1) of section 3716 324.171, Florida Statutes, is amended to read: 3717 324.171 Self-insurer.— 3718 (1) Any person may qualify as a self-insurer by obtaining a 3719 certificate of self-insurance from the department which may, in 3720 its discretion and upon application of such a person, issue said 3721 certificate of self-insurance when such person has satisfied the 3722 requirements of this section to qualify as a self-insurer under 3723 this section: 3724 (c) The owner of a commercial motor vehicle, as defined in 3725 s. 207.002207.002(2)or s. 320.01, may qualify as a self 3726 insurer subject to the standards provided for in subparagraph 3727 (b)2. 3728 Section 63. Section 324.191, Florida Statutes, is amended 3729 to read: 3730 324.191 Consent to cancellation; direction to return money 3731 or securities.—The department shall consent to the cancellation 3732 of anybond orcertificate of insurance furnished as proof of 3733 financial responsibility pursuant to s. 324.031, or the 3734 department shall return to the person entitled thereto cash or 3735 securities deposited as proof of financial responsibility 3736 pursuant to s. 324.031: 3737 (1) Upon substitution and acceptance of other adequate 3738 proof of financial responsibility pursuant to this chapter, or 3739 (2) In the event of the death of the person on whose behalf 3740 the proof was filed, or the permanent incapacity of such person 3741 to operate a motor vehicle, or 3742 (3) In the event the person who has given proof of 3743 financial responsibility surrenders his or her license and all 3744 registrations to the department; providing, however, that no 3745 notice of court action has been filed with the department, a 3746 judgment in which would result in claim on such proof of 3747 financial responsibility. 3748 3749 This section shall not apply to security as specified in s. 3750 324.061 deposited pursuant to s. 324.051(2)(a)4. 3751 Section 64. Subsection (3) of section 627.733, Florida 3752 Statutes, is amended to read: 3753 627.733 Required security.— 3754 (3) Such security shall be provided: 3755 (a) By an insurance policy delivered or issued for delivery 3756 in this state by an authorized or eligible motor vehicle 3757 liability insurer which provides the benefits and exemptions 3758 contained in ss. 627.730-627.7405. Any policy of insurance 3759 represented or sold as providing the security required hereunder 3760 shall be deemed to provide insurance for the payment of the 3761 required benefits; or 3762 (b) By any other method authorized by s. 324.031(2) or,3763 (3), or (4)and approved by the Department of Highway Safety and 3764 Motor Vehicles as affording security equivalent to that afforded 3765 by a policy of insurance or by self-insuring as authorized by s. 3766 768.28(16). The person filing such security shall have all of 3767 the obligations and rights of an insurer under ss. 627.730 3768 627.7405. 3769 Section 65. Section 627.7415, Florida Statutes, is amended 3770 to read: 3771 627.7415 Commercial motor vehicles; additional liability 3772 insurance coverage.—Commercial motor vehicles, as defined in s. 3773 207.002207.002(2)or s. 320.01, operated upon the roads and 3774 highways of this state shall be insured with the following 3775 minimum levels of combined bodily liability insurance and 3776 property damage liability insurance in addition to any other 3777 insurance requirements: 3778 (1) Fifty thousand dollars per occurrence for a commercial 3779 motor vehicle with a gross vehicle weight of 26,000 pounds or 3780 more, but less than 35,000 pounds. 3781 (2) One hundred thousand dollars per occurrence for a 3782 commercial motor vehicle with a gross vehicle weight of 35,000 3783 pounds or more, but less than 44,000 pounds. 3784 (3) Three hundred thousand dollars per occurrence for a 3785 commercial motor vehicle with a gross vehicle weight of 44,000 3786 pounds or more. 3787 (4) All commercial motor vehicles subject to regulations of 3788 the United States Department of Transportation, Title 49 C.F.R. 3789 part 387, subpart A, and as may be hereinafter amended, shall be 3790 insured in an amount equivalent to the minimum levels of 3791 financial responsibility as set forth in such regulations. 3792 3793 A violation of this section is a noncriminal traffic infraction, 3794 punishable as a nonmoving violation as provided in chapter 318. 3795 Section 66. This act shall take effect July 1, 2013.