Bill Text: FL S1850 | 2012 | Regular Session | Introduced
Bill Title: Transportation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Transportation, companion bill(s) passed, see CS/CS/HB 1223 (Ch. [S1850 Detail]
Download: Florida-2012-S1850-Introduced.html
Florida Senate - 2012 SB 1850
By Senator Evers
2-00554B-12 20121850__
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 316.183, F.S.; revising a provision that prohibits a
4 school bus from exceeding the posted speed limits;
5 amending s. 316.2085, F.S.; requiring that the license
6 tag of a motorcycle or moped remain clearly visible
7 from the rear at all times; prohibiting deliberate
8 acts to conceal or obscure the license tag; providing
9 that certain license tags may be affixed
10 perpendicularly to the ground; amending s. 319.28,
11 F.S.; providing that a dealer of certain farm or
12 industrial equipment is not subject to licensure as a
13 recovery agent or agency under certain conditions;
14 amending s. 320.01, F.S.; revising the definition of
15 the term “motor vehicle” to exclude special mobile
16 equipment from the term’s meaning; amending s. 320.08,
17 F.S.; reducing the annual license taxes for the
18 operation of certain vehicles; amending s. 322.21,
19 F.S.; reducing certain driver license fees; deleting
20 fees for requesting a review or hearing related to the
21 cancellation of a driver license; amending s. 375.251,
22 F.S.; redefining the term “outdoor recreational
23 purposes” to include certain aircraft operations for
24 provisions that limit the liability of certain persons
25 who make available areas for recreational purposes;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (3) of section 316.183, Florida
31 Statutes, is amended to read:
32 316.183 Unlawful speed.—
33 (3) A No school bus may not shall exceed the posted speed
34 limits, not to exceed 55 miles per hour at any time.
35 Section 2. Subsection (3) of section 316.2085, Florida
36 Statutes, is amended to read:
37 316.2085 Riding on motorcycles or mopeds.—
38 (3) The license tag of a motorcycle or moped must be
39 permanently affixed to the vehicle and remain clearly visible
40 from the rear at all times may not be adjusted or capable of
41 being flipped up. Any deliberate act to conceal or obscure No
42 device for or method of concealing or obscuring the legibility
43 of the license tag of a motorcycle or moped is prohibited shall
44 be installed or used. The license tag of a motorcycle or moped
45 may be affixed horizontally to the ground so that the numbers
46 and letters read from left to right. Alternatively, a Florida
47 license tag for a motorcycle or moped for which the numbers and
48 letters read from top to bottom may be affixed perpendicularly
49 to the ground if, provided that the registered owner of the
50 motorcycle or moped maintains a prepaid toll account in good
51 standing and if a transponder associated with the prepaid toll
52 account is affixed to the motorcycle or moped. A license tag for
53 a motorcycle or moped issued by another jurisdiction for which
54 the numbers and letters read from top to bottom may be affixed
55 perpendicularly to the ground.
56 Section 3. Subsection (3) is added to section 319.28,
57 Florida Statutes, to read:
58 319.28 Transfer of ownership by operation of law.—
59 (3) A dealer of farm or industrial equipment who conducts a
60 repossession, as defined in s. 493.6101(22), of such equipment
61 is not subject to licensure as a recovery agent or recovery
62 agency if the dealer is regularly engaged in the sale of the
63 equipment for a particular manufacturer and the lender is
64 affiliated with that manufacturer.
65 Section 4. Paragraph (a) of subsection (1) of section
66 320.01, Florida Statutes, is amended to read:
67 320.01 Definitions, general.—As used in the Florida
68 Statutes, except as otherwise provided, the term:
69 (1) “Motor vehicle” means:
70 (a) An automobile, motorcycle, truck, trailer, semitrailer,
71 truck tractor and semitrailer combination, or any other vehicle
72 operated on the roads of this state, used to transport persons
73 or property, and propelled by power other than muscular power,
74 but the term does not include traction engines, road rollers,
75 special mobile equipment as defined in s. 316.003(48), such
76 vehicles as run only upon a track, bicycles, or mopeds.
77 Section 5. Section 320.08, Florida Statutes, is amended to
78 read:
79 320.08 License taxes.—Except as otherwise provided herein,
80 there are hereby levied and imposed annual license taxes for the
81 operation of motor vehicles, mopeds, motorized bicycles as
82 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
83 and mobile homes, as defined in s. 320.01, which shall be paid
84 to and collected by the department or its agent upon the
85 registration or renewal of registration of the following:
86 (1) MOTORCYCLES AND MOPEDS.—
87 (a) Any motorcycle: $10 $13.50 flat, of which $3.50 shall
88 be deposited into the General Revenue Fund.
89 (b) Any moped: $5 $6.75 flat, of which $1.75 shall be
90 deposited into the General Revenue Fund.
91 (c) Upon registration of any motorcycle, motor-driven
92 cycle, or moped there shall be paid in addition to the license
93 taxes specified in this subsection a nonrefundable motorcycle
94 safety education fee in the amount of $2.50. The proceeds of
95 such additional fee shall be deposited in the Highway Safety
96 Operating Trust Fund to fund a motorcycle driver improvement
97 program implemented pursuant to s. 322.025, the Florida
98 Motorcycle Safety Education Program established in s. 322.0255,
99 or the general operations of the department.
100 (d) An ancient or antique motorcycle: $8.50 flat, of which
101 $3.50 shall be deposited into the General Revenue Fund.
102 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
103 (a) An ancient or antique automobile, as defined in s.
104 320.086, or a street rod, as defined in s. 320.0863: $7.50
105 $10.25 flat, of which $2.75 shall be deposited into the General
106 Revenue Fund.
107 (b) Net weight of less than 2,500 pounds: $14.50 $19.50
108 flat, of which $5 shall be deposited into the General Revenue
109 Fund.
110 (c) Net weight of 2,500 pounds or more, but less than 3,500
111 pounds: $22.50 $30.50 flat, of which $8 shall be deposited into
112 the General Revenue Fund.
113 (d) Net weight of 3,500 pounds or more: $32.50 $44 flat, of
114 which $11.50 shall be deposited into the General Revenue Fund.
115 (3) TRUCKS.—
116 (a) Net weight of less than 2,000 pounds: $14.50 $19.50
117 flat, of which $5 shall be deposited into the General Revenue
118 Fund.
119 (b) Net weight of 2,000 pounds or more, but not more than
120 3,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
121 into the General Revenue Fund.
122 (c) Net weight of more than 3,000 pounds, but not more than
123 5,000 pounds: $32.50 $44 flat, of which $11.50 shall be
124 deposited into the General Revenue Fund.
125 (d) A truck defined as a “goat,” or any other vehicle if
126 used in the field by a farmer or in the woods for the purpose of
127 harvesting a crop, including naval stores, during such
128 harvesting operations, and which is not principally operated
129 upon the roads of the state: $7.50 $10.25 flat, of which $2.75
130 shall be deposited into the General Revenue Fund. A “goat” is a
131 motor vehicle designed, constructed, and used principally for
132 the transportation of citrus fruit within citrus groves or for
133 the transportation of crops on farms, and which can also be used
134 for the hauling of associated equipment or supplies, including
135 required sanitary equipment, and the towing of farm trailers.
136 (e) An ancient or antique truck, as defined in s. 320.086:
137 $7.50 $10.25 flat, of which $2.75 shall be deposited into the
138 General Revenue Fund.
139 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
140 VEHICLE WEIGHT.—
141 (a) Gross vehicle weight of 5,001 pounds or more, but less
142 than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
143 deposited into the General Revenue Fund.
144 (b) Gross vehicle weight of 6,000 pounds or more, but less
145 than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
146 deposited into the General Revenue Fund.
147 (c) Gross vehicle weight of 8,000 pounds or more, but less
148 than 10,000 pounds: $76 $103 flat, of which $27 shall be
149 deposited into the General Revenue Fund.
150 (d) Gross vehicle weight of 10,000 pounds or more, but less
151 than 15,000 pounds: $87 $118 flat, of which $31 shall be
152 deposited into the General Revenue Fund.
153 (e) Gross vehicle weight of 15,000 pounds or more, but less
154 than 20,000 pounds: $131 $177 flat, of which $46 shall be
155 deposited into the General Revenue Fund.
156 (f) Gross vehicle weight of 20,000 pounds or more, but less
157 than 26,001 pounds: $186 $251 flat, of which $65 shall be
158 deposited into the General Revenue Fund.
159 (g) Gross vehicle weight of 26,001 pounds or more, but less
160 than 35,000: $240 $324 flat, of which $84 shall be deposited
161 into the General Revenue Fund.
162 (h) Gross vehicle weight of 35,000 pounds or more, but less
163 than 44,000 pounds: $300 $405 flat, of which $105 shall be
164 deposited into the General Revenue Fund.
165 (i) Gross vehicle weight of 44,000 pounds or more, but less
166 than 55,000 pounds: $572 $773 flat, of which $201 shall be
167 deposited into the General Revenue Fund.
168 (j) Gross vehicle weight of 55,000 pounds or more, but less
169 than 62,000 pounds: $678 $916 flat, of which $238 shall be
170 deposited into the General Revenue Fund.
171 (k) Gross vehicle weight of 62,000 pounds or more, but less
172 than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
173 deposited into the General Revenue Fund.
174 (l) Gross vehicle weight of 72,000 pounds or more: $979
175 $1,322 flat, of which $343 shall be deposited into the General
176 Revenue Fund.
177 (m) Notwithstanding the declared gross vehicle weight, a
178 truck tractor used within a 150-mile radius of its home address
179 is eligible for a license plate for a fee of $240 $324 flat if:
180 1. The truck tractor is used exclusively for hauling
181 forestry products; or
182 2. The truck tractor is used primarily for the hauling of
183 forestry products, and is also used for the hauling of
184 associated forestry harvesting equipment used by the owner of
185 the truck tractor.
186
187 Of the fee imposed by this paragraph, $84 shall be deposited
188 into the General Revenue Fund.
189 (n) A truck tractor or heavy truck, not operated as a for
190 hire vehicle, which is engaged exclusively in transporting raw,
191 unprocessed, and nonmanufactured agricultural or horticultural
192 products within a 150-mile radius of its home address, is
193 eligible for a restricted license plate for a fee of:
194 1. If such vehicle’s declared gross vehicle weight is less
195 than 44,000 pounds, $65 $87.75 flat, of which $22.75 shall be
196 deposited into the General Revenue Fund.
197 2. If such vehicle’s declared gross vehicle weight is
198 44,000 pounds or more and such vehicle only transports only from
199 the point of production to the point of primary manufacture; to
200 the point of assembling the same; or to a shipping point of a
201 rail, water, or motor transportation company, $240 $324 flat, of
202 which $84 shall be deposited into the General Revenue Fund.
203
204 Such not-for-hire truck tractors and heavy trucks used
205 exclusively in transporting raw, unprocessed, and
206 nonmanufactured agricultural or horticultural products may be
207 incidentally used to haul farm implements and fertilizers
208 delivered direct to the growers. The department may require any
209 documentation deemed necessary to determine eligibility prior to
210 issuance of this license plate. For the purpose of this
211 paragraph, “not-for-hire” means the owner of the motor vehicle
212 must also be the owner of the raw, unprocessed, and
213 nonmanufactured agricultural or horticultural product, or the
214 user of the farm implements and fertilizer being delivered.
215 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
216 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
217 (a)1. A semitrailer drawn by a GVW truck tractor by means
218 of a fifth-wheel arrangement: $10 $13.50 flat per registration
219 year or any part thereof, of which $3.50 shall be deposited into
220 the General Revenue Fund.
221 2. A semitrailer drawn by a GVW truck tractor by means of a
222 fifth-wheel arrangement: $50 $68 flat per permanent
223 registration, of which $18 shall be deposited into the General
224 Revenue Fund.
225 (b) A motor vehicle equipped with machinery and designed
226 for the exclusive purpose of well drilling, excavation,
227 construction, spraying, or similar activity, and which is not
228 designed or used to transport loads other than the machinery
229 described above over public roads: $32.50 $44 flat, of which
230 $11.50 shall be deposited into the General Revenue Fund.
231 (c) A school bus used exclusively to transport pupils to
232 and from school or school or church activities or functions
233 within their own county: $30 $41 flat, of which $11 shall be
234 deposited into the General Revenue Fund.
235 (d) A wrecker, as defined in s. 320.01(40), which is used
236 to tow a vessel as defined in s. 327.02(39), a disabled,
237 abandoned, stolen-recovered, or impounded motor vehicle as
238 defined in s. 320.01(38), or a replacement motor vehicle as
239 defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
240 deposited into the General Revenue Fund.
241 (e) A wrecker that is used to tow any nondisabled motor
242 vehicle, a vessel, or any other cargo unless used as defined in
243 paragraph (d), as follows:
244 1. Gross vehicle weight of 10,000 pounds or more, but less
245 than 15,000 pounds: $87 $118 flat, of which $31 shall be
246 deposited into the General Revenue Fund.
247 2. Gross vehicle weight of 15,000 pounds or more, but less
248 than 20,000 pounds: $131 $177 flat, of which $46 shall be
249 deposited into the General Revenue Fund.
250 3. Gross vehicle weight of 20,000 pounds or more, but less
251 than 26,000 pounds: $186 $251 flat, of which $65 shall be
252 deposited into the General Revenue Fund.
253 4. Gross vehicle weight of 26,000 pounds or more, but less
254 than 35,000 pounds: $240 $324 flat, of which $84 shall be
255 deposited into the General Revenue Fund.
256 5. Gross vehicle weight of 35,000 pounds or more, but less
257 than 44,000 pounds: $300 $405 flat, of which $105 shall be
258 deposited into the General Revenue Fund.
259 6. Gross vehicle weight of 44,000 pounds or more, but less
260 than 55,000 pounds: $572 $772 flat, of which $200 shall be
261 deposited into the General Revenue Fund.
262 7. Gross vehicle weight of 55,000 pounds or more, but less
263 than 62,000 pounds: $678 $915 flat, of which $237 shall be
264 deposited into the General Revenue Fund.
265 8. Gross vehicle weight of 62,000 pounds or more, but less
266 than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
267 deposited into the General Revenue Fund.
268 9. Gross vehicle weight of 72,000 pounds or more: $979
269 $1,322 flat, of which $343 shall be deposited into the General
270 Revenue Fund.
271 (f) A hearse or ambulance: $30 $40.50 flat, of which $10.50
272 shall be deposited into the General Revenue Fund.
273 (6) MOTOR VEHICLES FOR HIRE.—
274 (a) Under nine passengers: $12.50 $17 flat, of which $4.50
275 shall be deposited into the General Revenue Fund; plus $1 $1.50
276 per cwt, of which 50 cents shall be deposited into the General
277 Revenue Fund.
278 (b) Nine passengers and over: $12.50 $17 flat, of which
279 $4.50 shall be deposited into the General Revenue Fund; plus
280 $1.50 $2 per cwt, of which 50 cents shall be deposited into the
281 General Revenue Fund.
282 (7) TRAILERS FOR PRIVATE USE.—
283 (a) Any trailer weighing 500 pounds or less: $5 $6.75 flat
284 per year or any part thereof, of which $1.75 shall be deposited
285 into the General Revenue Fund.
286 (b) Net weight over 500 pounds: $2.50 $3.50 flat, of which
287 $1 shall be deposited into the General Revenue Fund; plus 75
288 cents $1 per cwt, of which 25 cents shall be deposited into the
289 General Revenue Fund.
290 (8) TRAILERS FOR HIRE.—
291 (a) Net weight under 2,000 pounds: $2.50 $3.50 flat, of
292 which $1 shall be deposited into the General Revenue Fund; plus
293 $1 $1.50 per cwt, of which 50 cents shall be deposited into the
294 General Revenue Fund.
295 (b) Net weight 2,000 pounds or more: $10 $13.50 flat, of
296 which $3.50 shall be deposited into the General Revenue Fund;
297 plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
298 the General Revenue Fund.
299 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
300 (a) A travel trailer or fifth-wheel trailer, as defined by
301 s. 320.01(1)(b), which that does not exceed 35 feet in length:
302 $20 $27 flat, of which $7 shall be deposited into the General
303 Revenue Fund.
304 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
305 $13.50 flat, of which $3.50 shall be deposited into the General
306 Revenue Fund.
307 (c) A motor home, as defined by s. 320.01(1)(b)4.:
308 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
309 which $7 shall be deposited into the General Revenue Fund.
310 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
311 which $12.25 shall be deposited into the General Revenue Fund.
312 (d) A truck camper as defined by s. 320.01(1)(b)3.:
313 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
314 which $7 shall be deposited into the General Revenue Fund.
315 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
316 which $12.25 shall be deposited into the General Revenue Fund.
317 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
318 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
319 which $7 shall be deposited into the General Revenue Fund.
320 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
321 which $12.25 shall be deposited into the General Revenue Fund.
322 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
323 35 FEET TO 40 FEET.—
324 (a) Park trailers.—Any park trailer, as defined in s.
325 320.01(1)(b)7.: $25 flat.
326 (b) A travel trailer or fifth-wheel trailer, as defined in
327 s. 320.01(1)(b), which that exceeds 35 feet: $25 flat.
328 (11) MOBILE HOMES.—
329 (a) A mobile home not exceeding 35 feet in length: $20
330 flat.
331 (b) A mobile home over 35 feet in length, but not exceeding
332 40 feet: $25 flat.
333 (c) A mobile home over 40 feet in length, but not exceeding
334 45 feet: $30 flat.
335 (d) A mobile home over 45 feet in length, but not exceeding
336 50 feet: $35 flat.
337 (e) A mobile home over 50 feet in length, but not exceeding
338 55 feet: $40 flat.
339 (f) A mobile home over 55 feet in length, but not exceeding
340 60 feet: $45 flat.
341 (g) A mobile home over 60 feet in length, but not exceeding
342 65 feet: $50 flat.
343 (h) A mobile home over 65 feet in length: $80 flat.
344 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
345 motor vehicle dealer, independent motor vehicle dealer, marine
346 boat trailer dealer, or mobile home dealer and manufacturer
347 license plate: $12.50 $17 flat, of which $4.50 shall be
348 deposited into the General Revenue Fund.
349 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
350 official license plate: $3 $4 flat, of which $1 shall be
351 deposited into the General Revenue Fund.
352 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
353 vehicle for hire operated wholly within a city or within 25
354 miles thereof: $12.50 $17 flat, of which $4.50 shall be
355 deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
356 of which 50 cents shall be deposited into the General Revenue
357 Fund.
358 (15) TRANSPORTER.—Any transporter license plate issued to a
359 transporter pursuant to s. 320.133: $75 $101.25 flat, of which
360 $26.25 shall be deposited into the General Revenue Fund.
361 Section 6. Section 322.21, Florida Statutes, is amended to
362 read:
363 322.21 License fees; procedure for handling and collecting
364 fees.—
365 (1) Except as otherwise provided herein, the fee for:
366 (a) An original or renewal commercial driver driver’s
367 license is $65 $75, which shall include the fee for driver
368 education provided by s. 1003.48. However, if an applicant has
369 completed training and is applying for employment or is
370 currently employed in a public or nonpublic school system that
371 requires the commercial license, the fee is the same as for a
372 Class E driver driver’s license. A delinquent fee of $1 $15
373 shall be added for a renewal within 12 months after the license
374 expiration date.
375 (b) An original Class E driver driver’s license is $27 $48,
376 which includes the fee for driver’s education provided by s.
377 1003.48. However, if an applicant has completed training and is
378 applying for employment or is currently employed in a public or
379 nonpublic school system that requires a commercial driver
380 license, the fee is the same as for a Class E license.
381 (c) The renewal or extension of a Class E driver driver’s
382 license or of a license restricted to motorcycle use only is $20
383 $48, except that a delinquent fee of $1 $15 shall be added for a
384 renewal or extension made within 12 months after the license
385 expiration date. The fee provided in this paragraph includes the
386 fee for driver’s education provided by s. 1003.48.
387 (d) An original driver driver’s license restricted to
388 motorcycle use only is $27 $48, which includes the fee for
389 driver’s education provided by s. 1003.48.
390 (e) A replacement driver driver’s license issued pursuant
391 to s. 322.17 is $10 $25. Of this amount $7 shall be deposited
392 into the Highway Safety Operating Trust Fund and $3 $18 shall be
393 deposited into the General Revenue Fund. Beginning July 1, 2015,
394 or upon completion of the transition of driver driver’s license
395 issuance services, if the replacement driver driver’s license is
396 issued by the tax collector, the tax collector shall retain the
397 $7 that would otherwise be deposited into the Highway Safety
398 Operating Trust Fund and the remaining revenues shall be
399 deposited into the General Revenue Fund.
400 (f) An original, renewal, or replacement identification
401 card issued pursuant to s. 322.051 is $10 $25. Funds collected
402 from these fees shall be distributed as follows:
403 1. For an original identification card issued pursuant to
404 s. 322.051 the fee is $10 $25. This amount shall be deposited
405 into the General Revenue Fund.
406 2. For a renewal identification card issued pursuant to s.
407 322.051 the fee is $10 $25. Of this amount, $6 shall be
408 deposited into the Highway Safety Operating Trust Fund and $4
409 $19 shall be deposited into the General Revenue Fund.
410 3. For a replacement identification card issued pursuant to
411 s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
412 deposited into the Highway Safety Operating Trust Fund and $1
413 $16 shall be deposited into the General Revenue Fund. Beginning
414 July 1, 2015, or upon completion of the transition of the driver
415 driver’s license issuance services, if the replacement
416 identification card is issued by the tax collector, the tax
417 collector shall retain the $9 that would otherwise be deposited
418 into the Highway Safety Operating Trust Fund and the remaining
419 revenues shall be deposited into the General Revenue Fund.
420 (g) Each endorsement required by s. 322.57 is $7.
421 (h) A hazardous-materials endorsement, as required by s.
422 322.57(1)(d), shall be set by the department by rule and must
423 reflect the cost of the required criminal history check,
424 including the cost of the state and federal fingerprint check,
425 and the cost to the department of providing and issuing the
426 license. The fee may shall not exceed $100. This fee shall be
427 deposited in the Highway Safety Operating Trust Fund. The
428 department may adopt rules to administer this section.
429 (2) It is the duty of the director of the Division of
430 Motorist Services to set up a division in the department with
431 the necessary personnel to perform the necessary clerical and
432 routine work for the department in issuing and recording
433 applications, licenses, and certificates of eligibility,
434 including the receiving and accounting of all license funds and
435 their payment into the State Treasury, and other incidental
436 clerical work connected with the administration of this chapter.
437 The department may use such electronic, mechanical, or other
438 devices as necessary to accomplish the purposes of this chapter.
439 (3) The department shall prepare sufficient forms for
440 certificates of eligibility, applications, notices, and license
441 materials to supply all applicants for driver driver’s licenses
442 and all renewal licenses.
443 (4) If the department determines from its records or is
444 otherwise satisfied that the holder of a license about to expire
445 is entitled to have it renewed, the department shall mail a
446 renewal notice to the licensee at his or her last known address,
447 within 30 days before the licensee’s birthday. The licensee
448 shall be issued a renewal license, after reexamination, if
449 required, during the 30 days immediately preceding his or her
450 birthday upon presenting a renewal notice, his or her current
451 license, and the fee for renewal to the department at any driver
452 driver’s license examining office.
453 (5) The department shall collect and transmit all fees
454 received by it under this section to the Chief Financial Officer
455 to be deposited into the General Revenue Fund, and sufficient
456 funds for the necessary expenses of the department shall be
457 included in the appropriations act. The fees shall be used for
458 the maintenance and operation of the department.
459 (6) Any member of the Armed Forces or his or her spouse,
460 daughter, son, stepdaughter, or stepson, who holds a Florida
461 driver driver’s license and who presents an affidavit showing
462 that he or she was out of the state due to service in the Armed
463 Forces of the United States at the time of license expiration is
464 exempt from paying the delinquent fee if the application for
465 renewal is made within 15 months after the expiration of his or
466 her license and within 90 days after the date of discharge or
467 transfer to a military or naval establishment in this state as
468 shown in the affidavit. However, such a person is not exempt
469 from any reexamination requirement.
470 (7) Any veteran honorably discharged from the Armed Forces
471 who has been issued a valid identification card by the
472 Department of Veterans’ Affairs in accordance with s. 295.17,
473 has been determined by the United States Department of Veterans
474 Affairs or its predecessor to have a 100-percent total and
475 permanent service-connected disability rating for compensation,
476 or has been determined to have a service-connected total and
477 permanent disability rating of 100 percent, is in receipt of
478 disability retirement pay from any branch of the United States
479 Armed Services, and who is qualified to obtain a driver driver’s
480 license under this chapter is exempt from all fees required by
481 this section.
482 (8) Any person who applies for reinstatement following the
483 suspension or revocation of the person’s driver driver’s license
484 must pay a service fee of $35 $45 following a suspension, and
485 $60 $75 following a revocation, which is in addition to the fee
486 for a license. Any person who applies for reinstatement of a
487 commercial driver driver’s license following the
488 disqualification of the person’s privilege to operate a
489 commercial motor vehicle shall pay a service fee of $60 $75,
490 which is in addition to the fee for a license. The department
491 shall collect all of these fees at the time of reinstatement.
492 The department shall issue proper receipts for such fees and
493 shall promptly transmit all funds received by it as follows:
494 (a) Of the $35 $45 fee received from a licensee for
495 reinstatement following a suspension, the department shall
496 deposit $15 in the General Revenue Fund and $20 $30 in the
497 Highway Safety Operating Trust Fund.
498 (b) Of the $60 $75 fee received from a licensee for
499 reinstatement following a revocation or disqualification, the
500 department shall deposit $20 $35 in the General Revenue Fund and
501 $40 in the Highway Safety Operating Trust Fund.
502 (9) An applicant:
503 (a) Requesting a review authorized in s. 322.222, s.
504 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
505 fee of $25 to be deposited into the Highway Safety Operating
506 Trust Fund.
507 (b) Petitioning the department for a hearing authorized in
508 s. 322.271 must pay a filing fee of $12 to be deposited into the
509 Highway Safety Operating Trust Fund.
510
511 If the revocation or suspension of the driver driver’s license
512 was for a violation of s. 316.193, or for refusal to submit to a
513 lawful breath, blood, or urine test, an additional fee of $115
514 $130 must be charged. However, only one $115 $130 fee may be
515 collected from one person convicted of violations arising out of
516 the same incident. The department shall collect the $115 $130
517 fee and deposit the fee into the Highway Safety Operating Trust
518 Fund at the time of reinstatement of the person’s driver
519 driver’s license, but the fee may not be collected if the
520 suspension or revocation is overturned. If the revocation or
521 suspension of the driver driver’s license was for a conviction
522 for a violation of s. 817.234(8) or (9) or s. 817.505, an
523 additional fee of $180 is imposed for each offense. The
524 department shall collect and deposit the additional fee into the
525 Highway Safety Operating Trust Fund at the time of reinstatement
526 of the person’s driver driver’s license.
527 Section 7. Subsection (5) of section 375.251, Florida
528 Statutes, is amended to read:
529 375.251 Limitation on liability of persons making available
530 to public certain areas for recreational purposes without
531 charge.—
532 (5) The term “outdoor recreational purposes” as used in
533 this act includes shall include, but is not necessarily be
534 limited to, hunting, fishing, swimming, boating, camping,
535 picnicking, hiking, pleasure driving, nature study, water
536 skiing, motorcycling, operating recreational noncommercial
537 aircraft or recreational noncommercial ultralight aircraft on
538 private airstrips, and visiting historical, archaeological,
539 scenic, or scientific sites.
540 Section 8. This act shall take effect July 1, 2012.
