| 51 | | - | disability issued at any time in order to obtain a 26 |
|---|
| 52 | | - | replacement for a lost or s tolen permit; amending s. 27 |
|---|
| 53 | | - | 322.02, F.S.; revising the year by which the 28 |
|---|
| 54 | | - | Legislature intends that the transition of certain 29 |
|---|
| 55 | | - | services to certain tax collectors be completed; 30 |
|---|
| 56 | | - | removing a provision authorizing such transition of 31 |
|---|
| 57 | | - | services to appointed charter cou nty tax collectors on 32 |
|---|
| 58 | | - | a limited basis; providing that the tax collector is, 33 |
|---|
| 59 | | - | rather than may be, designated the exclusive agent of 34 |
|---|
| 60 | | - | the department for a specified purpose; amending s. 35 |
|---|
| 61 | | - | 322.12, F.S.; requiring certain driver license 36 |
|---|
| 62 | | - | applicants to retake certai n examinations; amending s. 37 |
|---|
| 63 | | - | 322.135, F.S.; authorizing a tax collector to process 38 |
|---|
| 64 | | - | certain transactions using the department's online 39 |
|---|
| 65 | | - | license and registration portal; authorizing a tax 40 |
|---|
| 66 | | - | collector to offer to a licensee or prospective 41 |
|---|
| 67 | | - | licensee a certain donat ion option; removing a 42 |
|---|
| 68 | | - | provision concerning driver license issuance being 43 |
|---|
| 69 | | - | assumed by tax collectors by a certain date; amending 44 |
|---|
| 70 | | - | s. 322.251, F.S.; authorizing the issuance of a Class 45 |
|---|
| 71 | | - | E driver license to certain persons, if eligible; 46 |
|---|
| 72 | | - | amending s. 322.271, F.S .; requiring the revocation of 47 |
|---|
| 73 | | - | a restricted driving privilege for a specified period 48 |
|---|
| 74 | | - | in certain circumstances; amending s. 322.66, F.S.; 49 |
|---|
| 75 | | - | conforming a cross-reference; providing an effective 50 |
|---|
| 51 | + | the department for a specified purpose; amending s. 26 |
|---|
| 52 | + | 322.12, F.S.; requiring certain driver license 27 |
|---|
| 53 | + | applicants to retake certain examinations; amending s. 28 |
|---|
| 54 | + | 322.135, F.S.; authorizing a tax collector to process 29 |
|---|
| 55 | + | certain transactions using the department's online 30 |
|---|
| 56 | + | license and registration portal; authorizing a tax 31 |
|---|
| 57 | + | collector to offer to a licensee or prospective 32 |
|---|
| 58 | + | licensee a certain donation option; removing a 33 |
|---|
| 59 | + | provision concerning driver license issuance being 34 |
|---|
| 60 | + | assumed by tax collectors by a certain date; amending 35 |
|---|
| 61 | + | s. 322.251, F.S.; authorizing the issuance of a Class 36 |
|---|
| 62 | + | E driver license to certain persons, if eligible; 37 |
|---|
| 63 | + | amending s. 322.271, F.S.; requiring the revocation of 38 |
|---|
| 64 | + | a restricted driving privilege for a specified period 39 |
|---|
| 65 | + | in certain circumstances; amending s. 322.66, F.S.; 40 |
|---|
| 66 | + | conforming a cross-reference; providing an effective 41 |
|---|
| 67 | + | date. 42 |
|---|
| 68 | + | 43 |
|---|
| 69 | + | Be It Enacted by the Legislature of the State of Florida: 44 |
|---|
| 70 | + | 45 |
|---|
| 71 | + | Section 1. Section 316.88, Florida Statutes, is created to 46 |
|---|
| 72 | + | read: 47 |
|---|
| 73 | + | 316.88 Sale of appointments prohibited. —Unless authorized 48 |
|---|
| 74 | + | in writing by the department or a tax collector acting as an 49 |
|---|
| 75 | + | authorized agent of the department, a person may not sell, or 50 |
|---|
| 88 | | - | date. 51 |
|---|
| 89 | | - | 52 |
|---|
| 90 | | - | Be It Enacted by the Legislature of the State of Florid a: 53 |
|---|
| 91 | | - | 54 |
|---|
| 92 | | - | Section 1. Section 316.88, Florida Statutes, is created to 55 |
|---|
| 93 | | - | read: 56 |
|---|
| 94 | | - | 316.88 Sale of appointments prohibited. —Unless authorized 57 |
|---|
| 95 | | - | in writing by the department or a tax collector acting as an 58 |
|---|
| 96 | | - | authorized agent of the department, a person may not sell, or 59 |
|---|
| 97 | | - | offer to sell, a service appointment with a department office, 60 |
|---|
| 98 | | - | or the office of a tax collector acting as an authorized agent 61 |
|---|
| 99 | | - | of the department, for any service authorized by chapter 319, 62 |
|---|
| 100 | | - | chapter 320, chapter 322, or chapter 328. A person who violates 63 |
|---|
| 101 | | - | this section commits a misdemeanor of the first degree, 64 |
|---|
| 102 | | - | punishable as provided in s. 775.082 or s. 775.083. 65 |
|---|
| 103 | | - | Section 2. Subsection (2) of section 319.24, Florida 66 |
|---|
| 104 | | - | Statutes, is amended to read: 67 |
|---|
| 105 | | - | 319.24 Issuance in duplicate; delivery; liens and 68 |
|---|
| 106 | | - | encumbrances.— 69 |
|---|
| 107 | | - | (2) A duly authorized person shall sign the original 70 |
|---|
| 108 | | - | certificate of title and each corrected certificate and, if 71 |
|---|
| 109 | | - | there are no liens or encumbrances on the motor vehicle or 72 |
|---|
| 110 | | - | mobile home, as shown in the records of the department or as 73 |
|---|
| 111 | | - | shown in the application, must shall deliver the certificate to 74 |
|---|
| 112 | | - | the applicant or to another person as directed by the applicant 75 |
|---|
| 88 | + | offer to sell, a service appointment with a department office, 51 |
|---|
| 89 | + | or the office of a tax collector acting as an authorized agent 52 |
|---|
| 90 | + | of the department, for any service authorized by chapter 319, 53 |
|---|
| 91 | + | chapter 320, chapter 322, or chapter 328. A person who violates 54 |
|---|
| 92 | + | this section commits a misdemeanor of the first degree, 55 |
|---|
| 93 | + | punishable as provided in s. 775.082 or s. 775.083. 56 |
|---|
| 94 | + | Section 2. Subsection (2) of section 319.24, Florida 57 |
|---|
| 95 | + | Statutes, is amended to read: 58 |
|---|
| 96 | + | 319.24 Issuance in duplicate; delivery; liens and 59 |
|---|
| 97 | + | encumbrances.— 60 |
|---|
| 98 | + | (2) A duly authorized person shall sign the original 61 |
|---|
| 99 | + | certificate of title and each corrected certificate and, if 62 |
|---|
| 100 | + | there are no liens or encumbrances on the motor vehicle or 63 |
|---|
| 101 | + | mobile home, as shown in the records of the department or as 64 |
|---|
| 102 | + | shown in the application, must shall deliver the certificate to 65 |
|---|
| 103 | + | the applicant or to another person as directed by the applicant 66 |
|---|
| 104 | + | or person, agent, or attorney submitting such application. Tax 67 |
|---|
| 105 | + | collectors, as authorized age nts of the department, may deliver 68 |
|---|
| 106 | + | original certificates of title and corrected certificates by 69 |
|---|
| 107 | + | mail or make such certificates available to applicants at tax 70 |
|---|
| 108 | + | collectors' offices. The motor vehicle dealer license number 71 |
|---|
| 109 | + | must be submitted to the department w hen a dealer applies for or 72 |
|---|
| 110 | + | receives a duplicate title. The current odometer reading must be 73 |
|---|
| 111 | + | submitted on an application for a duplicate title. If there are 74 |
|---|
| 112 | + | one or more liens or encumbrances on the motor vehicle or mobile 75 |
|---|
| 125 | | - | or person, agent, or attorney submitting such application. Tax 76 |
|---|
| 126 | | - | collectors, as authorized agents of the department, may deliver 77 |
|---|
| 127 | | - | original certificate s of title and corrected certificates by 78 |
|---|
| 128 | | - | mail or make such certificates available to applicants at tax 79 |
|---|
| 129 | | - | collectors' offices. The motor vehicle dealer license number 80 |
|---|
| 130 | | - | must be submitted to the department when a dealer applies for or 81 |
|---|
| 131 | | - | receives a duplicate title. The current odometer reading must be 82 |
|---|
| 132 | | - | submitted on an application for a duplicate title. If there are 83 |
|---|
| 133 | | - | one or more liens or encumbrances on the motor vehicle or mobile 84 |
|---|
| 134 | | - | home, the certificate must shall be delivered by the department 85 |
|---|
| 135 | | - | to the first lienholder a s shown by department records or to the 86 |
|---|
| 136 | | - | owner as indicated in the notice of lien filed by the first 87 |
|---|
| 137 | | - | lienholder pursuant to s. 319.27. If the notice of lien filed by 88 |
|---|
| 138 | | - | the first lienholder indicates that the certificate should be 89 |
|---|
| 139 | | - | delivered to the first lienho lder, the department must shall 90 |
|---|
| 140 | | - | deliver to the first lienholder, along with the certificate, a 91 |
|---|
| 141 | | - | form to be subsequently used by the lienholder as a 92 |
|---|
| 142 | | - | satisfaction. If the notice of lien filed by the first 93 |
|---|
| 143 | | - | lienholder directs the certificate of title to be deli vered to 94 |
|---|
| 144 | | - | the owner, then, upon delivery of the certificate of title by 95 |
|---|
| 145 | | - | the department to the owner, the department must shall deliver 96 |
|---|
| 146 | | - | to the first lienholder confirmation of the receipt of the 97 |
|---|
| 147 | | - | notice of lien and the date the certificate of title was issued 98 |
|---|
| 148 | | - | to the owner at the owner's address shown on the notice of lien 99 |
|---|
| 149 | | - | and a form to be subsequently used by the lienholder as a 100 |
|---|
| 125 | + | home, the certificate must shall be delivered by the department 76 |
|---|
| 126 | + | to the first lienholder as shown by department records or to the 77 |
|---|
| 127 | + | owner as indicated in the notice of lien filed by the first 78 |
|---|
| 128 | + | lienholder pursuant to s. 319.27. If the notice of lien filed by 79 |
|---|
| 129 | + | the first lienholder indicates that the certificate should be 80 |
|---|
| 130 | + | delivered to the first lienholder, the department must shall 81 |
|---|
| 131 | + | deliver to the first lienholder, along with the certificate, a 82 |
|---|
| 132 | + | form to be subsequently used by the lienholder as a 83 |
|---|
| 133 | + | satisfaction. If the notice of lien filed by the first 84 |
|---|
| 134 | + | lienholder directs the certificate of title to be delivered to 85 |
|---|
| 135 | + | the owner, then, upon delivery of the certificate of title by 86 |
|---|
| 136 | + | the department to the owner, the department must shall deliver 87 |
|---|
| 137 | + | to the first lienholder confirmation of the receipt of the 88 |
|---|
| 138 | + | notice of lien and the date the certificate of title was issued 89 |
|---|
| 139 | + | to the owner at the owner's address shown on the notice of lien 90 |
|---|
| 140 | + | and a form to be subsequently used by the lienholder as a 91 |
|---|
| 141 | + | satisfaction. If the application for certificate shows the name 92 |
|---|
| 142 | + | of a first lienholder different from the name of the first 93 |
|---|
| 143 | + | lienholder as shown by the records of the department or if the 94 |
|---|
| 144 | + | application does not show the name of a judgment lienholder as 95 |
|---|
| 145 | + | shown by the records of the department, the certificate may 96 |
|---|
| 146 | + | shall not be issued to any person until after all parties who 97 |
|---|
| 147 | + | appear to hold a lien and the applicant for the certificate have 98 |
|---|
| 148 | + | been notified of the conflict in writing by the department by 99 |
|---|
| 149 | + | certified mail. If the parties do not amicably resolve the 100 |
|---|
| 162 | | - | satisfaction. If the application for certificate shows the name 101 |
|---|
| 163 | | - | of a first lienholder different from the name of the first 102 |
|---|
| 164 | | - | lienholder as shown by the records of the department or if the 103 |
|---|
| 165 | | - | application does not show the name of a judgment lienholder as 104 |
|---|
| 166 | | - | shown by the records of the department, the certificate may 105 |
|---|
| 167 | | - | shall not be issued to any person until after all parties who 106 |
|---|
| 168 | | - | appear to hold a lien and the applicant for the certificate have 107 |
|---|
| 169 | | - | been notified of the conflict in writing by the department by 108 |
|---|
| 170 | | - | certified mail. If the parties do not amicably resolve the 109 |
|---|
| 171 | | - | conflict within 10 days from the date such notice was mailed, 110 |
|---|
| 172 | | - | then the department must shall serve notice in writing by 111 |
|---|
| 173 | | - | certified mail on all persons appearing to hold liens on that 112 |
|---|
| 174 | | - | particular vehicle, including the applicant for the certificate, 113 |
|---|
| 175 | | - | to show cause within 15 days from the date the notice is mailed 114 |
|---|
| 176 | | - | why it should not issue and deliv er the certificate to the 115 |
|---|
| 177 | | - | person indicated in the notice of lien filed by the lienholder 116 |
|---|
| 178 | | - | whose name appears in the application as the first lienholder 117 |
|---|
| 179 | | - | without showing any lien or liens as outstanding other than 118 |
|---|
| 180 | | - | those appearing in the application or those w hich may have been 119 |
|---|
| 181 | | - | filed subsequent to the filing of the application for the 120 |
|---|
| 182 | | - | certificate. If, within the 15 -day period, any person other than 121 |
|---|
| 183 | | - | the lienholder shown in the application or a party filing a 122 |
|---|
| 184 | | - | subsequent lien, in answer to such notice to show caus e, appears 123 |
|---|
| 185 | | - | in person or by a representative, or responds in writing, and 124 |
|---|
| 186 | | - | files a written statement under oath that his or her lien on 125 |
|---|
| 162 | + | conflict within 10 days from the date such notice was mailed, 101 |
|---|
| 163 | + | then the department must shall serve notice in writing by 102 |
|---|
| 164 | + | certified mail on all persons appearing to hold liens on that 103 |
|---|
| 165 | + | particular vehicle, including the applicant for the certificate, 104 |
|---|
| 166 | + | to show cause within 15 days from the date the notice is mailed 105 |
|---|
| 167 | + | why it should not issue and deliver the certificate to the 106 |
|---|
| 168 | + | person indicated in the notice of lien filed by the lienholder 107 |
|---|
| 169 | + | whose name appears in the application as the first lienholder 108 |
|---|
| 170 | + | without showing any lien or liens as outstanding o ther than 109 |
|---|
| 171 | + | those appearing in the application or those which may have been 110 |
|---|
| 172 | + | filed subsequent to the filing of the application for the 111 |
|---|
| 173 | + | certificate. If, within the 15 -day period, any person other than 112 |
|---|
| 174 | + | the lienholder shown in the application or a party filing a 113 |
|---|
| 175 | + | subsequent lien, in answer to such notice to show cause, appears 114 |
|---|
| 176 | + | in person or by a representative, or responds in writing, and 115 |
|---|
| 177 | + | files a written statement under oath that his or her lien on 116 |
|---|
| 178 | + | that particular vehicle is still outstanding, the department may 117 |
|---|
| 179 | + | shall not issue the certificate to anyone until after such 118 |
|---|
| 180 | + | conflict has been settled by the lien claimants involved or by a 119 |
|---|
| 181 | + | court of competent jurisdiction. If the conflict is not settled 120 |
|---|
| 182 | + | amicably within 10 days of the final date for filing an answer 121 |
|---|
| 183 | + | to the notice to show cause, the complaining party must shall 122 |
|---|
| 184 | + | have 10 days to obtain a ruling, or a stay order, from a court 123 |
|---|
| 185 | + | of competent jurisdiction; if no ruling or stay order is issued 124 |
|---|
| 186 | + | and served on the department within the 10 -day period, it must 125 |
|---|
| 199 | | - | that particular vehicle is still outstanding, the department may 126 |
|---|
| 200 | | - | shall not issue the certificate to anyone until after suc h 127 |
|---|
| 201 | | - | conflict has been settled by the lien claimants involved or by a 128 |
|---|
| 202 | | - | court of competent jurisdiction. If the conflict is not settled 129 |
|---|
| 203 | | - | amicably within 10 days of the final date for filing an answer 130 |
|---|
| 204 | | - | to the notice to show cause, the complaining party must shall 131 |
|---|
| 205 | | - | have 10 days to obtain a ruling, or a stay order, from a court 132 |
|---|
| 206 | | - | of competent jurisdiction; if no ruling or stay order is issued 133 |
|---|
| 207 | | - | and served on the department within the 10 -day period, it must 134 |
|---|
| 208 | | - | shall issue the certificate showing no liens except those shown 135 |
|---|
| 209 | | - | in the application or thereafter filed to the original applicant 136 |
|---|
| 210 | | - | if there are no liens shown in the application and none are 137 |
|---|
| 211 | | - | thereafter filed, or to the person indicated in the notice of 138 |
|---|
| 212 | | - | lien filed by the lienholder whose name appears in the 139 |
|---|
| 213 | | - | application as the first lienholder if there are liens shown in 140 |
|---|
| 214 | | - | the application or thereafter filed. A duplicate certificate or 141 |
|---|
| 215 | | - | corrected certificate may shall only show such lien or liens as 142 |
|---|
| 216 | | - | were shown in the application and subsequently filed liens that 143 |
|---|
| 217 | | - | may be outstanding. 144 |
|---|
| 218 | | - | Section 3. Present subsection (4) of section 319.29, 145 |
|---|
| 219 | | - | Florida Statutes, is redesignated as subsection (5), and a new 146 |
|---|
| 220 | | - | subsection (4) is added to that section, to read: 147 |
|---|
| 221 | | - | 319.29 Lost or destroyed certificates. — 148 |
|---|
| 222 | | - | (4) An application for a duplicate copy of a certificate 149 |
|---|
| 223 | | - | of title may be fulfilled by the tax collector acting as an 150 |
|---|
| 199 | + | shall issue the certificate showing no liens except those shown 126 |
|---|
| 200 | + | in the application or thereafter filed to the original applicant 127 |
|---|
| 201 | + | if there are no liens shown in the application and none are 128 |
|---|
| 202 | + | thereafter filed, or to the person indicated in the notice of 129 |
|---|
| 203 | + | lien filed by the lienholder whose name appears in the 130 |
|---|
| 204 | + | application as the first lienholder if there are liens shown in 131 |
|---|
| 205 | + | the application or thereafter filed. A duplicate certificate or 132 |
|---|
| 206 | + | corrected certificate may shall only show such lien or liens as 133 |
|---|
| 207 | + | were shown in the applica tion and subsequently filed liens that 134 |
|---|
| 208 | + | may be outstanding. 135 |
|---|
| 209 | + | Section 3. Present subsection (4) of section 319.29, 136 |
|---|
| 210 | + | Florida Statutes, is redesignated as subsection (5), and a new 137 |
|---|
| 211 | + | subsection (4) is added to that section, to read: 138 |
|---|
| 212 | + | 319.29 Lost or destroyed certificates.— 139 |
|---|
| 213 | + | (4) An application for a duplicate copy of a certificate 140 |
|---|
| 214 | + | of title may be fulfilled by the tax collector acting as an 141 |
|---|
| 215 | + | authorized agent of the department. Upon the applicant's 142 |
|---|
| 216 | + | request, the duplicate copy may be issued by the tax collector 143 |
|---|
| 217 | + | and provided to the applicant at the tax collector's office or 144 |
|---|
| 218 | + | mailed by the tax collector to the applicant's address. 145 |
|---|
| 219 | + | Section 4. Subsection (1) of section 320.031, Florida 146 |
|---|
| 220 | + | Statutes, is amended to read: 147 |
|---|
| 221 | + | 320.031 Mailing or delivery of registration certi ficates, 148 |
|---|
| 222 | + | license plates, and validation stickers. — 149 |
|---|
| 223 | + | (1) The department and the tax collectors of the several 150 |
|---|
| 236 | | - | authorized agent of the department. Upon the applicant's 151 |
|---|
| 237 | | - | request, the duplicate copy may be issued by the tax collector 152 |
|---|
| 238 | | - | and provided to the applicant at the tax collector's office or 153 |
|---|
| 239 | | - | mailed by the tax collector to the applicant's address. 154 |
|---|
| 240 | | - | Section 4. Subsection (1) of section 320.031, Florida 155 |
|---|
| 241 | | - | Statutes, is amended to read: 156 |
|---|
| 242 | | - | 320.031 Mailing or delivery of registration certificates, 157 |
|---|
| 243 | | - | license plates, and validation stickers. — 158 |
|---|
| 244 | | - | (1) The department and the tax collectors of the several 159 |
|---|
| 245 | | - | counties of the state , as agents of the department, may at the 160 |
|---|
| 246 | | - | request of the applicant deliver in person or use United States 161 |
|---|
| 247 | | - | mail service to deliver registratio n certificates and renewals 162 |
|---|
| 248 | | - | thereof, duplicate registration certificates, license plates, 163 |
|---|
| 249 | | - | mobile home stickers, and validation stickers to applicants. 164 |
|---|
| 250 | | - | Section 5. Subsections (1) and (2) of section 320.0848, 165 |
|---|
| 251 | | - | Florida Statutes, are amended to read: 166 |
|---|
| 252 | | - | 320.0848 Persons who have disabilities; issuance of 167 |
|---|
| 253 | | - | disabled parking permits; temporary permits; permits for certain 168 |
|---|
| 254 | | - | providers of transportation services to persons who have 169 |
|---|
| 255 | | - | disabilities.— 170 |
|---|
| 256 | | - | (1)(a) The Department of Highway Safety and Motor Vehicles 171 |
|---|
| 257 | | - | or its authorized agents shall, upon application and receipt of 172 |
|---|
| 258 | | - | the fee:, 173 |
|---|
| 259 | | - | 1. Issue a disabled parking permit for a period of up to 4 174 |
|---|
| 260 | | - | years, which period ends on the applicant's birthday, to any 175 |
|---|
| 236 | + | counties of the state , as agents of the department, may at the 151 |
|---|
| 237 | + | request of the applicant deliver in person or use United States 152 |
|---|
| 238 | + | mail service to deliver registration certificates and renewals 153 |
|---|
| 239 | + | thereof, duplicate registration certificates, license plates, 154 |
|---|
| 240 | + | mobile home stickers, and validation stickers to applicants. 155 |
|---|
| 241 | + | Section 5. Paragraph (d) of subsection (1) of section 156 |
|---|
| 242 | + | 320.0848, Florida Statutes, is amended to read: 157 |
|---|
| 243 | + | 320.0848 Persons who have disabilities; issuance of 158 |
|---|
| 244 | + | disabled parking permits; temporary permits; permits for certain 159 |
|---|
| 245 | + | providers of transportation services to persons who have 160 |
|---|
| 246 | + | disabilities.— 161 |
|---|
| 247 | + | (1) 162 |
|---|
| 248 | + | (d) The department shall renew the disabled parking permit 163 |
|---|
| 249 | + | of a any person certified as permanently disabled on the 164 |
|---|
| 250 | + | previous application for a subsequent 4-year period without 165 |
|---|
| 251 | + | requiring the person to provide another certificate of 166 |
|---|
| 252 | + | disability or United Sta tes Department of Veterans Affairs Form 167 |
|---|
| 253 | + | Letter 27-333, or its equivalent, as applicable. After such 4 -168 |
|---|
| 254 | + | year period, the department shall renew the disabled parking 169 |
|---|
| 255 | + | permit if the person provides a certificate of disability issued 170 |
|---|
| 256 | + | within the last 12 months pu rsuant to this subsection. A veteran 171 |
|---|
| 257 | + | who has been previously evaluated and certified by the United 172 |
|---|
| 258 | + | States Department of Veterans Affairs or any branch of the 173 |
|---|
| 259 | + | United States Armed Forces as permanently and totally disabled 174 |
|---|
| 260 | + | from a service-connected disability may provide a United States 175 |
|---|
| 273 | | - | person who has long-term mobility impairment ; 176 |
|---|
| 274 | | - | 2. Issue, or a temporary disabled parking permit for up to 177 |
|---|
| 275 | | - | not to exceed 6 months to a any person who has a temporary 178 |
|---|
| 276 | | - | mobility impairment; or 179 |
|---|
| 277 | | - | 3. Issue a lifetime disabled parking permit to a person 180 |
|---|
| 278 | | - | who is certified as permanently disabled due to permanent 181 |
|---|
| 279 | | - | dismemberment or an amputation and is in need of the disabled 182 |
|---|
| 280 | | - | parking permit due to that permanent dismemberment or 183 |
|---|
| 281 | | - | amputation. A lifetime disabled parking permit is valid from the 184 |
|---|
| 282 | | - | date of issuance until the person's death and is not subject to 185 |
|---|
| 283 | | - | renewal under paragraph ( d). 186 |
|---|
| 284 | | - | 187 |
|---|
| 285 | | - | A No person is not will be required to pay a fee for a parking 188 |
|---|
| 286 | | - | permit for disabled persons more than once in a 12 -month period 189 |
|---|
| 287 | | - | from the date of the prior fee payment. 190 |
|---|
| 288 | | - | (b)1. The person must be currently certified as being 191 |
|---|
| 289 | | - | legally blind or as having a ny of the following disabilities 192 |
|---|
| 290 | | - | that render him or her unable to walk 200 feet without stopping 193 |
|---|
| 291 | | - | to rest: 194 |
|---|
| 292 | | - | a. Inability to walk without the use of or assistance from 195 |
|---|
| 293 | | - | a brace, cane, crutch, prosthetic device, or other assistive 196 |
|---|
| 294 | | - | device, or without the assis tance of another person. If the 197 |
|---|
| 295 | | - | assistive device significantly restores the person's ability to 198 |
|---|
| 296 | | - | walk to the extent that the person can walk without severe 199 |
|---|
| 297 | | - | limitation, the person is not eligible for the exemption parking 200 |
|---|
| 273 | + | Department of Veterans Affairs Form Letter 27 -333, or its 176 |
|---|
| 274 | + | equivalent, issued within the last 12 months in lieu of a 177 |
|---|
| 275 | + | certificate of disability. 178 |
|---|
| 276 | + | Section 6. Subsections (1) and (5) of section 322.02, 179 |
|---|
| 277 | + | Florida Statutes, are amen ded to read: 180 |
|---|
| 278 | + | 322.02 Legislative intent; administration. — 181 |
|---|
| 279 | + | (1) The Legislature finds that over the past several years 182 |
|---|
| 280 | + | the department and individual county tax collectors have entered 183 |
|---|
| 281 | + | into contracts for the delivery of full and limited driver 184 |
|---|
| 282 | + | license services where such contractual relationships best 185 |
|---|
| 283 | + | served the public interest through state administration and 186 |
|---|
| 284 | + | enforcement and local government implementation. It is the 187 |
|---|
| 285 | + | intent of the Legislature that the complete transition of all 188 |
|---|
| 286 | + | driver license issuance serv ices to tax collectors who are 189 |
|---|
| 287 | + | constitutional officers under s. 1(d), Art. VIII of the State 190 |
|---|
| 288 | + | Constitution be completed no later than June 30, 2027 2015. The 191 |
|---|
| 289 | + | transition of services to appointed charter county tax 192 |
|---|
| 290 | + | collectors may occur on a limited basis as d irected by the 193 |
|---|
| 291 | + | department. 194 |
|---|
| 292 | + | (5) The tax collector in and for his or her county is may 195 |
|---|
| 293 | + | be designated the exclusive agent of the department to implement 196 |
|---|
| 294 | + | and administer the provisions of this chapter as provided by s. 197 |
|---|
| 295 | + | 322.135. 198 |
|---|
| 296 | + | Section 7. Subsections (3) and (4) of section 322.12, 199 |
|---|
| 297 | + | Florida Statutes, are amended to read: 200 |
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| 310 | | - | permit. 201 |
|---|
| 311 | | - | b. The need to permanently use a wheelchair. 202 |
|---|
| 312 | | - | c. Restriction by lung disease to the extent that the 203 |
|---|
| 313 | | - | person's forced (respiratory) expiratory volume for 1 second, 204 |
|---|
| 314 | | - | when measured by spirometry, is less than 1 liter, or the 205 |
|---|
| 315 | | - | person's arterial oxygen is less than 60 mm/hg on room air at 206 |
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| 316 | | - | rest. 207 |
|---|
| 317 | | - | d. Use of portable oxygen. 208 |
|---|
| 318 | | - | e. Restriction by cardiac condition to the extent that the 209 |
|---|
| 319 | | - | person's functional limitations are classified in severity as 210 |
|---|
| 320 | | - | Class III or Class IV according to standards set by the American 211 |
|---|
| 321 | | - | Heart Association. 212 |
|---|
| 322 | | - | f. Severe limitation in the person's ability to walk due 213 |
|---|
| 323 | | - | to an arthritic, neurological, or orthopedic condition. 214 |
|---|
| 324 | | - | 2. The certification of disability which is required under 215 |
|---|
| 325 | | - | subparagraph 1. must be provided by a physician licensed under 216 |
|---|
| 326 | | - | chapter 458, chapter 459, or c hapter 460, by a podiatric 217 |
|---|
| 327 | | - | physician licensed under chapter 461, by an optometrist licensed 218 |
|---|
| 328 | | - | under chapter 463, by an advanced practice registered nurse 219 |
|---|
| 329 | | - | licensed under chapter 464 under the protocol of a licensed 220 |
|---|
| 330 | | - | physician as stated in this subparagraph, by a physician 221 |
|---|
| 331 | | - | assistant licensed under chapter 458 or chapter 459, or by a 222 |
|---|
| 332 | | - | similarly licensed physician from another state if the 223 |
|---|
| 333 | | - | application is accompanied by documentation of the physician's 224 |
|---|
| 334 | | - | licensure in the other state and a form signed by the out -of-225 |
|---|
| 310 | + | 322.12 Examination of applicants. — 201 |
|---|
| 311 | + | (3)(a) For an applicant for a Class E driver license, such 202 |
|---|
| 312 | + | examination must shall include all of the following: 203 |
|---|
| 313 | + | 1.(a) A test of the applicant's eyesight given by the 204 |
|---|
| 314 | + | driver license examiner designated by the department or by a 205 |
|---|
| 315 | + | licensed ophthalmologist, optometrist, or physician. 206 |
|---|
| 316 | + | 2.(b) A test of the applicant's hearing given by a driver 207 |
|---|
| 317 | + | license examiner or a licensed p hysician. 208 |
|---|
| 318 | + | 3.(c) A test of the applicant's ability to read and 209 |
|---|
| 319 | + | understand highway signs regulating, warning, and directing 210 |
|---|
| 320 | + | traffic; his or her knowledge of the traffic laws of this state, 211 |
|---|
| 321 | + | including laws regulating driving under the influence of alcohol 212 |
|---|
| 322 | + | or controlled substances, driving with an unlawful blood -alcohol 213 |
|---|
| 323 | + | level, and driving while intoxicated; and his or her knowledge 214 |
|---|
| 324 | + | of the effects of alcohol and controlled substances upon persons 215 |
|---|
| 325 | + | and the dangers of driving a motor vehicle while under the 216 |
|---|
| 326 | + | influence of alcohol or controlled substances. At least 25 217 |
|---|
| 327 | + | questions within the bank of test questions must address bicycle 218 |
|---|
| 328 | + | and pedestrian safety. 219 |
|---|
| 329 | + | 4.(d) An actual demonstration of ability to exercise 220 |
|---|
| 330 | + | ordinary and reasonable control in the operation of a motor 221 |
|---|
| 331 | + | vehicle. 222 |
|---|
| 332 | + | (b) An applicant who is found to have cheated during, or 223 |
|---|
| 333 | + | to have otherwise circumvented, any portion of the examination 224 |
|---|
| 334 | + | must retake the examination. 225 |
|---|
| 347 | | - | state physician verifying his or her knowledge of this state's 226 |
|---|
| 348 | | - | eligibility guidelines. 227 |
|---|
| 349 | | - | (c) The certificate of disability must include, but need 228 |
|---|
| 350 | | - | not be limited to: 229 |
|---|
| 351 | | - | 1. The disability of the applicant; the certifying 230 |
|---|
| 352 | | - | practitioner's name and address; the prac titioner's 231 |
|---|
| 353 | | - | certification number; the eligibility criteria for the permit; 232 |
|---|
| 354 | | - | the penalty for falsification by either the certifying 233 |
|---|
| 355 | | - | practitioner or the applicant; the duration of the condition 234 |
|---|
| 356 | | - | that entitles the person to the permit; and justification for 235 |
|---|
| 357 | | - | the additional placard pursuant to subsection (2). 236 |
|---|
| 358 | | - | 2. The statement, in bold letters: "A disabled parking 237 |
|---|
| 359 | | - | permit may be issued only for a medical necessity that severely 238 |
|---|
| 360 | | - | affects mobility." 239 |
|---|
| 361 | | - | 3. The signatures of: 240 |
|---|
| 362 | | - | a. The applicant's physician or other certi fying 241 |
|---|
| 363 | | - | practitioner. 242 |
|---|
| 364 | | - | b. The applicant or the applicant's parent or guardian. 243 |
|---|
| 365 | | - | c. The employee of the department's authorized agent which 244 |
|---|
| 366 | | - | employee is processing the application. 245 |
|---|
| 367 | | - | (d) The department shall renew the disabled parking permit 246 |
|---|
| 368 | | - | of a any person certified as permanently disabled on the 247 |
|---|
| 369 | | - | previous application for a subsequent 4-year period without 248 |
|---|
| 370 | | - | requiring the person to provide another certificate of 249 |
|---|
| 371 | | - | disability or United States Department of Veterans Affairs Form 250 |
|---|
| 347 | + | (4)(a) The examination for an applicant for a commercial 226 |
|---|
| 348 | + | driver license must shall include all of the following: 227 |
|---|
| 349 | + | 1. A test of the applicant's eyesight given by a driver 228 |
|---|
| 350 | + | license examiner designated by the department or by a licensed 229 |
|---|
| 351 | + | ophthalmologist, optometrist, or physician . and 230 |
|---|
| 352 | + | 2. A test of the applicant's hearing given by a driver 231 |
|---|
| 353 | + | license examiner or a licensed physician. 232 |
|---|
| 354 | + | 3. The examination shall also include A test of the 233 |
|---|
| 355 | + | applicant's ability to read and understand highway signs 234 |
|---|
| 356 | + | regulating, warning, and directing traffic; his or her knowledge 235 |
|---|
| 357 | + | of the traffic laws of this state pertaining to t he class of 236 |
|---|
| 358 | + | motor vehicle which he or she is applying to be licensed to 237 |
|---|
| 359 | + | operate, including laws regulating driving under the influence 238 |
|---|
| 360 | + | of alcohol or controlled substances, driving with an unlawful 239 |
|---|
| 361 | + | blood-alcohol level, and driving while intoxicated; his or her 240 |
|---|
| 362 | + | knowledge of the effects of alcohol and controlled substances 241 |
|---|
| 363 | + | and the dangers of driving a motor vehicle after having consumed 242 |
|---|
| 364 | + | alcohol or controlled substances; and his or her knowledge of 243 |
|---|
| 365 | + | any special skills, requirements, or precautions necessary for 244 |
|---|
| 366 | + | the safe operation of the class of vehicle which he or she is 245 |
|---|
| 367 | + | applying to be licensed to operate. 246 |
|---|
| 368 | + | 4. In addition, the examination shall include An actual 247 |
|---|
| 369 | + | demonstration of the applicant's ability to exercise ordinary 248 |
|---|
| 370 | + | and reasonable control in the safe ope ration of a motor vehicle 249 |
|---|
| 371 | + | or combination of vehicles of the type covered by the license 250 |
|---|
| 384 | | - | Letter 27-333, or its equivalent, as applicable. After such 4 -251 |
|---|
| 385 | | - | year period, the department shall renew the disabled parking 252 |
|---|
| 386 | | - | permit if the person provides a certificate of disability issued 253 |
|---|
| 387 | | - | within the last 12 months pursuant to this subsection. A veteran 254 |
|---|
| 388 | | - | who has been previously evaluat ed and certified by the United 255 |
|---|
| 389 | | - | States Department of Veterans Affairs or any branch of the 256 |
|---|
| 390 | | - | United States Armed Forces as permanently and totally disabled 257 |
|---|
| 391 | | - | from a service-connected disability may provide a United States 258 |
|---|
| 392 | | - | Department of Veterans Affairs Form Let ter 27-333, or its 259 |
|---|
| 393 | | - | equivalent, issued within the last 12 months in lieu of a 260 |
|---|
| 394 | | - | certificate of disability. 261 |
|---|
| 395 | | - | (e) The Department of Highway Safety and Motor Vehicles 262 |
|---|
| 396 | | - | shall, in consultation with the Commission for the 263 |
|---|
| 397 | | - | Transportation Disadvantaged, adopt rules, in accordance with 264 |
|---|
| 398 | | - | chapter 120, for the issuance of a disabled parking permit to 265 |
|---|
| 399 | | - | any organization that can adequately demonstrate a bona fide 266 |
|---|
| 400 | | - | need for such a permit because the organization provides regular 267 |
|---|
| 401 | | - | transportation services to persons who have disab ilities and are 268 |
|---|
| 402 | | - | certified as provided in this subsection. 269 |
|---|
| 403 | | - | (2) DISABLED PARKING PERMIT; PERSONS WITH LONG -TERM 270 |
|---|
| 404 | | - | MOBILITY PROBLEMS, PERMANENT DISMEMBERMENT, OR AMPUTATION .— 271 |
|---|
| 405 | | - | (a) The disabled parking permit is a placard that can be 272 |
|---|
| 406 | | - | placed in a motor vehicle so as to be visible from the front and 273 |
|---|
| 407 | | - | rear of the vehicle. Each side of the placard must have the 274 |
|---|
| 408 | | - | international symbol of accessibility in a contrasting color in 275 |
|---|
| 384 | + | classification which the applicant is seeking, including an 251 |
|---|
| 385 | + | examination of the applicant's ability to perform an inspection 252 |
|---|
| 386 | + | of his or her vehicle. 253 |
|---|
| 387 | + | (b)(a) The portion of the examination required under 254 |
|---|
| 388 | + | subparagraph (a)4. which tests an applicant's safe driving 255 |
|---|
| 389 | + | ability shall be administered by the department or by an entity 256 |
|---|
| 390 | + | authorized by the department to administer such examination, 257 |
|---|
| 391 | + | pursuant to s. 322.56. Such examinatio n shall be administered at 258 |
|---|
| 392 | + | a location approved by the department. 259 |
|---|
| 393 | + | (c)(b) A person who seeks to retain a hazardous -materials 260 |
|---|
| 394 | + | endorsement must, upon renewal, pass the test for such 261 |
|---|
| 395 | + | endorsement as specified in s. 322.57(1)(e), if the person has 262 |
|---|
| 396 | + | not taken and passed the hazardous -materials test within 2 years 263 |
|---|
| 397 | + | preceding his or her application for a commercial driver license 264 |
|---|
| 398 | + | in this state. 265 |
|---|
| 399 | + | (d) An applicant who is found to have cheated during, or 266 |
|---|
| 400 | + | to have otherwise circumvented, any portion of the examination 267 |
|---|
| 401 | + | must retake the examination. 268 |
|---|
| 402 | + | Section 8. Subsections (6) and (7) of section 322.135, 269 |
|---|
| 403 | + | Florida Statutes, are renumbered as subsections (5) and (6), 270 |
|---|
| 404 | + | respectively, paragraph (a) of subsection (1) and present 271 |
|---|
| 405 | + | subsection (5) are amended, and paragraph (d) is a dded to 272 |
|---|
| 406 | + | subsection (1) of that section, to read: 273 |
|---|
| 407 | + | 322.135 Driver license agents. — 274 |
|---|
| 408 | + | (1) The department shall, upon application, authorize by 275 |
|---|
| 421 | | - | the center so as to be visible. One side of the placard must 276 |
|---|
| 422 | | - | display the applicant's driver license number or state 277 |
|---|
| 423 | | - | identification card number along with a warning that the 278 |
|---|
| 424 | | - | applicant must have such identification at all times while using 279 |
|---|
| 425 | | - | the parking permit. In those cases where the severity of the 280 |
|---|
| 426 | | - | disability prevents a disabled person from physic ally visiting 281 |
|---|
| 427 | | - | or being transported to a driver license or tax collector office 282 |
|---|
| 428 | | - | to obtain a driver license or identification card, a certifying 283 |
|---|
| 429 | | - | physician may sign the exemption section of the department's 284 |
|---|
| 430 | | - | parking permit application to exempt the disabled pe rson from 285 |
|---|
| 431 | | - | being issued a driver license or identification card for the 286 |
|---|
| 432 | | - | number to be displayed on the parking permit. A validation 287 |
|---|
| 433 | | - | sticker must also be issued with each disabled parking permit, 288 |
|---|
| 434 | | - | showing the month and year of expiration , or, in the case of a 289 |
|---|
| 435 | | - | lifetime disabled parking permit, indicating that the permit 290 |
|---|
| 436 | | - | does not expire, on each side of the placard. Validation 291 |
|---|
| 437 | | - | stickers must be of the size specified by the Department of 292 |
|---|
| 438 | | - | Highway Safety and Motor Vehicles and must be affixed to the 293 |
|---|
| 439 | | - | disabled parking permits. The disabled parking permits must use 294 |
|---|
| 440 | | - | the same colors as license plate validations. 295 |
|---|
| 441 | | - | (b) License plates issued under ss. 320.084, 320.0842, 296 |
|---|
| 442 | | - | 320.0843, and 320.0845 are valid for the same parking privileges 297 |
|---|
| 443 | | - | and other privileges provided under ss. 3 16.1955, 316.1964, and 298 |
|---|
| 444 | | - | 526.141(5)(a). 299 |
|---|
| 445 | | - | (c) The department shall not issue an additional disabled 300 |
|---|
| 421 | + | interagency agreement any or all of the tax collectors who are 276 |
|---|
| 422 | + | constitutional officers under s. 1(d), Art. VIII of the State 277 |
|---|
| 423 | + | Constitution in the several counties of the state, subject to 278 |
|---|
| 424 | + | the requirements of law, in accordance with rules of the 279 |
|---|
| 425 | + | department, to serve as its agent for the provision of specified 280 |
|---|
| 426 | + | driver license services. 281 |
|---|
| 427 | + | (a) These services shall be limite d to the issuance of 282 |
|---|
| 428 | + | driver licenses and identification cards as authorized by this 283 |
|---|
| 429 | + | chapter, transactions for which may be processed by the tax 284 |
|---|
| 430 | + | collector using the department's online license and registration 285 |
|---|
| 431 | + | portal. 286 |
|---|
| 432 | + | (d) A tax collector may offer a licen see or prospective 287 |
|---|
| 433 | + | licensee the option to increase the amount of his or her 288 |
|---|
| 434 | + | transaction to the next whole dollar amount in order to donate 289 |
|---|
| 435 | + | the amount of the increase to a charity registered with the 290 |
|---|
| 436 | + | Department of Agriculture and Consumer Services. 291 |
|---|
| 437 | + | (5) All driver license issuance services shall be assumed 292 |
|---|
| 438 | + | by the tax collectors who are constitutional officers under s. 293 |
|---|
| 439 | + | 1(d), Art. VIII of the State Constitution by June 30, 2015. The 294 |
|---|
| 440 | + | implementation shall follow the schedule outlined in the 295 |
|---|
| 441 | + | transition report of February 1, 2011, which was required 296 |
|---|
| 442 | + | pursuant to chapter 2010 -163, Laws of Florida. 297 |
|---|
| 443 | + | Section 9. Subsection (4) of section 322.251, Florida 298 |
|---|
| 444 | + | Statutes, is amended to read: 299 |
|---|
| 445 | + | 322.251 Notice of cancellation, suspension, revocation, or 300 |
|---|
| 458 | | - | parking permit unless the applicant states that he or she is a 301 |
|---|
| 459 | | - | frequent traveler or a quadriplegic. The department may not 302 |
|---|
| 460 | | - | issue to any one eligible applicant more than two disabled 303 |
|---|
| 461 | | - | parking permits except to an organization in accordance with 304 |
|---|
| 462 | | - | paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to 305 |
|---|
| 463 | | - | this subsection. 306 |
|---|
| 464 | | - | (d) To obtain a replacement for a disabled parking permit 307 |
|---|
| 465 | | - | that has been lost or stolen, a person must submit an 308 |
|---|
| 466 | | - | application on a form prescribed by the department, pay a 309 |
|---|
| 467 | | - | replacement fee in the amount of $1, to be retained by the 310 |
|---|
| 468 | | - | issuing agency, and provide a certificate of disability issued 311 |
|---|
| 469 | | - | within the last 12 months pursuant to subsection (1), except 312 |
|---|
| 470 | | - | that: and pay a replacement fee in the amount of $1, to be 313 |
|---|
| 471 | | - | retained by the issuing agency. 314 |
|---|
| 472 | | - | 1. If the person submits with the application a police 315 |
|---|
| 473 | | - | report documenting that the permit was stolen, there is no 316 |
|---|
| 474 | | - | replacement fee. 317 |
|---|
| 475 | | - | 2. A veteran who has been previously evaluated and 318 |
|---|
| 476 | | - | certified by the United States Department of Veterans Affairs or 319 |
|---|
| 477 | | - | any branch of the United States Armed Forces as permanently and 320 |
|---|
| 478 | | - | totally disabled from a service -connected disability may provide 321 |
|---|
| 479 | | - | a United States Department of Veterans Affairs Form Letter 27 -322 |
|---|
| 480 | | - | 333, or its equivalent, issued within the last 12 months in lieu 323 |
|---|
| 481 | | - | of a certificate of disability. 324 |
|---|
| 482 | | - | 3. A person who has been issued a lifetime disabled 325 |
|---|
| 458 | + | disqualification of license.— 301 |
|---|
| 459 | + | (4) A person whose privilege to operate a commercial motor 302 |
|---|
| 460 | + | vehicle is temporarily disqualified may, upon surrendering his 303 |
|---|
| 461 | + | or her commercial driver license, be issued a Class E driver 304 |
|---|
| 462 | + | license, valid for the length of his or her unexpired commerc ial 305 |
|---|
| 463 | + | driver license, if eligible, at no cost. Such person may, upon 306 |
|---|
| 464 | + | the completion of his or her disqualification, be issued a 307 |
|---|
| 465 | + | commercial driver license, of the type disqualified, for the 308 |
|---|
| 466 | + | remainder of his or her unexpired license period. Any such 309 |
|---|
| 467 | + | person must shall pay the reinstatement fee provided in s. 310 |
|---|
| 468 | + | 322.21 before being issued a commercial driver license. 311 |
|---|
| 469 | + | Section 10. Paragraph (b) of subsection (1) of section 312 |
|---|
| 470 | + | 322.271, Florida Statutes, is amended to read: 313 |
|---|
| 471 | + | 322.271 Authority to modify revocation, can cellation, or 314 |
|---|
| 472 | + | suspension order.— 315 |
|---|
| 473 | + | (1) 316 |
|---|
| 474 | + | (b) A person whose driving privilege has been revoked 317 |
|---|
| 475 | + | under s. 322.27(5) may, upon expiration of 12 months from the 318 |
|---|
| 476 | + | date of such revocation, petition the department for 319 |
|---|
| 477 | + | reinstatement of his or her driving privilege. Upon such 320 |
|---|
| 478 | + | petition and after investigation of the person's qualification, 321 |
|---|
| 479 | + | fitness, and need to drive, the department shall hold a hearing 322 |
|---|
| 480 | + | pursuant to chapter 120 to determine whether the driving 323 |
|---|
| 481 | + | privilege shall be reinstated on a restricted basis solely fo r 324 |
|---|
| 482 | + | business or employment purposes. If such person is granted a 325 |
|---|
| 495 | | - | parking permit under subparagraph (1)(a)3. may provide a 326 |
|---|
| 496 | | - | certificate of disability issued at any time. 327 |
|---|
| 497 | | - | (e) A person who qualifies for a disabled parking permit 328 |
|---|
| 498 | | - | under this section may be issued an international wheelchair 329 |
|---|
| 499 | | - | user symbol license plate under s. 320.0843 in lieu of the 330 |
|---|
| 500 | | - | disabled parking permit; or, if the person qualifies for a "DV" 331 |
|---|
| 501 | | - | license plate under s. 320.084, such a license plate may be 332 |
|---|
| 502 | | - | issued to him or her in lieu of a disabled parking permit. 333 |
|---|
| 503 | | - | Section 6. Subsections (1) and (5) of section 322.02, 334 |
|---|
| 504 | | - | Florida Statutes, are amended to read: 335 |
|---|
| 505 | | - | 322.02 Legislative intent; administration. — 336 |
|---|
| 506 | | - | (1) The Legislature finds that over the past several years 337 |
|---|
| 507 | | - | the department and individual county tax collectors have entered 338 |
|---|
| 508 | | - | into contracts for the delivery of full and limited driver 339 |
|---|
| 509 | | - | license services where such co ntractual relationships best 340 |
|---|
| 510 | | - | served the public interest through state administration and 341 |
|---|
| 511 | | - | enforcement and local government implementation. It is the 342 |
|---|
| 512 | | - | intent of the Legislature that the complete transition of all 343 |
|---|
| 513 | | - | driver license issuance services to tax collec tors who are 344 |
|---|
| 514 | | - | constitutional officers under s. 1(d), Art. VIII of the State 345 |
|---|
| 515 | | - | Constitution be completed no later than June 30, 2027 2015. The 346 |
|---|
| 516 | | - | transition of services to appointed charter county tax 347 |
|---|
| 517 | | - | collectors may occur on a limited basis as directed by the 348 |
|---|
| 518 | | - | department. 349 |
|---|
| 519 | | - | (5) The tax collector in and for his or her county is may 350 |
|---|
| 520 | | - | |
|---|
| 521 | | - | CS/CS/HB 961 2025 |
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| 522 | | - | |
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| 523 | | - | |
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| 524 | | - | |
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| 525 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 526 | | - | hb961-02-c2 |
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| 527 | | - | Page 15 of 20 |
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| 528 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 529 | | - | |
|---|
| 530 | | - | |
|---|
| 531 | | - | |
|---|
| 532 | | - | be designated the exclusive agent of the department to implement 351 |
|---|
| 533 | | - | and administer the provisions of this chapter as provided by s. 352 |
|---|
| 534 | | - | 322.135. 353 |
|---|
| 535 | | - | Section 7. Subsections (3) and (4) of section 322.12, 354 |
|---|
| 536 | | - | Florida Statutes, are amended to read: 355 |
|---|
| 537 | | - | 322.12 Examination of applicants. — 356 |
|---|
| 538 | | - | (3)(a) For an applicant for a Class E driver license, such 357 |
|---|
| 539 | | - | examination must shall include all of the following: 358 |
|---|
| 540 | | - | 1.(a) A test of the applicant's eyesight given by the 359 |
|---|
| 541 | | - | driver license examiner designated by the department or by a 360 |
|---|
| 542 | | - | licensed ophthalmologist, optometrist, or physician. 361 |
|---|
| 543 | | - | 2.(b) A test of the applicant's hearing given by a driver 362 |
|---|
| 544 | | - | license examiner or a licensed physician. 363 |
|---|
| 545 | | - | 3.(c) A test of the applicant's ability to read and 364 |
|---|
| 546 | | - | understand highway signs regulating, warning, and directing 365 |
|---|
| 547 | | - | traffic; his or her knowledge of the traffic laws of this state, 366 |
|---|
| 548 | | - | including laws regulating driving under the influence of alcohol 367 |
|---|
| 549 | | - | or controlled substances, driving with an unlawful blood -alcohol 368 |
|---|
| 550 | | - | level, and driving while intoxicated; and his or her knowledge 369 |
|---|
| 551 | | - | of the effects of alcohol and controlled substances upon persons 370 |
|---|
| 552 | | - | and the dangers of driving a motor vehicle while under the 371 |
|---|
| 553 | | - | influence of alcohol o r controlled substances. At least 25 372 |
|---|
| 554 | | - | questions within the bank of test questions must address bicycle 373 |
|---|
| 555 | | - | and pedestrian safety. 374 |
|---|
| 556 | | - | 4.(d) An actual demonstration of ability to exercise 375 |
|---|
| 557 | | - | |
|---|
| 558 | | - | CS/CS/HB 961 2025 |
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| 559 | | - | |
|---|
| 560 | | - | |
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| 561 | | - | |
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| 562 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 563 | | - | hb961-02-c2 |
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| 564 | | - | Page 16 of 20 |
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| 565 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 566 | | - | |
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| 567 | | - | |
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| 568 | | - | |
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| 569 | | - | ordinary and reasonable control in the operation of a motor 376 |
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| 570 | | - | vehicle. 377 |
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| 571 | | - | (b) An applicant who is found to have cheated during, or 378 |
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| 572 | | - | to have otherwise circumvented, any portion of the examination 379 |
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| 573 | | - | must retake the examination. 380 |
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| 574 | | - | (4)(a) The examination for an applicant for a commercial 381 |
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| 575 | | - | driver license must shall include all of the following: 382 |
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| 576 | | - | 1. A test of the applicant's eyesight given by a driver 383 |
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| 577 | | - | license examiner designated by the department or by a licensed 384 |
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| 578 | | - | ophthalmologist, optometrist, or physician . and 385 |
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| 579 | | - | 2. A test of the applicant's hearing given by a driver 386 |
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| 580 | | - | license examiner or a licen sed physician. 387 |
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| 581 | | - | 3. The examination shall also include A test of the 388 |
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| 582 | | - | applicant's ability to read and understand highway signs 389 |
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| 583 | | - | regulating, warning, and directing traffic; his or her knowledge 390 |
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| 584 | | - | of the traffic laws of this state pertaining to the class of 391 |
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| 585 | | - | motor vehicle which he or she is applying to be licensed to 392 |
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| 586 | | - | operate, including laws regulating driving under the influence 393 |
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| 587 | | - | of alcohol or controlled substances, driving with an unlawful 394 |
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| 588 | | - | blood-alcohol level, and driving while intoxicated; his or her 395 |
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| 589 | | - | knowledge of the effects of alcohol and controlled substances 396 |
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| 590 | | - | and the dangers of driving a motor vehicle after having consumed 397 |
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| 591 | | - | alcohol or controlled substances; and his or her knowledge of 398 |
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| 592 | | - | any special skills, requirements, or precautions necessary for 399 |
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| 593 | | - | the safe operation of the class of vehicle which he or she is 400 |
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| 594 | | - | |
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| 595 | | - | CS/CS/HB 961 2025 |
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| 596 | | - | |
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| 597 | | - | |
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| 598 | | - | |
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| 599 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 600 | | - | hb961-02-c2 |
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| 601 | | - | Page 17 of 20 |
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| 602 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 603 | | - | |
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| 604 | | - | |
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| 605 | | - | |
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| 606 | | - | applying to be licensed to operate. 401 |
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| 607 | | - | 4. In addition, the examination shall include An actual 402 |
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| 608 | | - | demonstration of the applicant's ability to exercise ordinary 403 |
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| 609 | | - | and reasonable control in the safe operation of a moto r vehicle 404 |
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| 610 | | - | or combination of vehicles of the type covered by the license 405 |
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| 611 | | - | classification which the applicant is seeking, including an 406 |
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| 612 | | - | examination of the applicant's ability to perform an inspection 407 |
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| 613 | | - | of his or her vehicle. 408 |
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| 614 | | - | (b)(a) The portion of the examinati on required under 409 |
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| 615 | | - | subparagraph (a)4. which tests an applicant's safe driving 410 |
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| 616 | | - | ability shall be administered by the department or by an entity 411 |
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| 617 | | - | authorized by the department to administer such examination, 412 |
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| 618 | | - | pursuant to s. 322.56. Such examination shall be admin istered at 413 |
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| 619 | | - | a location approved by the department. 414 |
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| 620 | | - | (c)(b) A person who seeks to retain a hazardous -materials 415 |
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| 621 | | - | endorsement must, upon renewal, pass the test for such 416 |
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| 622 | | - | endorsement as specified in s. 322.57(1)(e), if the person has 417 |
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| 623 | | - | not taken and passed the haz ardous-materials test within 2 years 418 |
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| 624 | | - | preceding his or her application for a commercial driver license 419 |
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| 625 | | - | in this state. 420 |
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| 626 | | - | (d) An applicant who is found to have cheated during, or 421 |
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| 627 | | - | to have otherwise circumvented, any portion of the examination 422 |
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| 628 | | - | must retake the examination. 423 |
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| 629 | | - | Section 8. Subsections (6) and (7) of section 322.135, 424 |
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| 630 | | - | Florida Statutes, are renumbered as subsections (5) and (6), 425 |
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| 631 | | - | |
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| 632 | | - | CS/CS/HB 961 2025 |
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| 633 | | - | |
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| 634 | | - | |
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| 635 | | - | |
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| 636 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 637 | | - | hb961-02-c2 |
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| 638 | | - | Page 18 of 20 |
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| 639 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 640 | | - | |
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| 641 | | - | |
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| 642 | | - | |
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| 643 | | - | respectively, paragraph (a) of subsection (1) and present 426 |
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| 644 | | - | subsection (5) are amended, and paragraph (d) is added to 427 |
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| 645 | | - | subsection (1) of that section, to read: 428 |
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| 646 | | - | 322.135 Driver license agents. — 429 |
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| 647 | | - | (1) The department shall, upon application, authorize by 430 |
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| 648 | | - | interagency agreement any or all of the tax collectors who are 431 |
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| 649 | | - | constitutional officers under s. 1(d), Art. VIII of the State 432 |
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| 650 | | - | Constitution in the several counties of the state, subject to 433 |
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| 651 | | - | the requirements of law, in accordance with rules of the 434 |
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| 652 | | - | department, to serve as its agent for the provision of specified 435 |
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| 653 | | - | driver license services. 436 |
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| 654 | | - | (a) These services shall be limited to the issuanc e of 437 |
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| 655 | | - | driver licenses and identification cards as authorized by this 438 |
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| 656 | | - | chapter, transactions for which may be processed by the tax 439 |
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| 657 | | - | collector using the department's online license and registration 440 |
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| 658 | | - | portal. 441 |
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| 659 | | - | (d) A tax collector may offer a licensee or prospecti ve 442 |
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| 660 | | - | licensee the option to increase the amount of his or her 443 |
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| 661 | | - | transaction to the next whole dollar amount in order to donate 444 |
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| 662 | | - | the amount of the increase to a charity registered with the 445 |
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| 663 | | - | Department of Agriculture and Consumer Services. 446 |
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| 664 | | - | (5) All driver license issuance services shall be assumed 447 |
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| 665 | | - | by the tax collectors who are constitutional officers under s. 448 |
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| 666 | | - | 1(d), Art. VIII of the State Constitution by June 30, 2015. The 449 |
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| 667 | | - | implementation shall follow the schedule outlined in the 450 |
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| 668 | | - | |
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| 669 | | - | CS/CS/HB 961 2025 |
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| 670 | | - | |
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| 671 | | - | |
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| 672 | | - | |
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| 673 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 674 | | - | hb961-02-c2 |
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| 675 | | - | Page 19 of 20 |
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| 676 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 677 | | - | |
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| 678 | | - | |
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| 679 | | - | |
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| 680 | | - | transition report of February 1, 2011, which was required 451 |
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| 681 | | - | pursuant to chapter 2010 -163, Laws of Florida. 452 |
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| 682 | | - | Section 9. Subsection (4) of section 322.251, Florida 453 |
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| 683 | | - | Statutes, is amended to read: 454 |
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| 684 | | - | 322.251 Notice of cancellation, suspension, revocation, or 455 |
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| 685 | | - | disqualification of license. — 456 |
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| 686 | | - | (4) A person whose privilege to operate a commercial motor 457 |
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| 687 | | - | vehicle is temporarily disqualified may, upon surrendering his 458 |
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| 688 | | - | or her commercial driver license, be issued a Class E driver 459 |
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| 689 | | - | license, valid for the length of his or h er unexpired commercial 460 |
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| 690 | | - | driver license, if eligible, at no cost. Such person may, upon 461 |
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| 691 | | - | the completion of his or her disqualification, be issued a 462 |
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| 692 | | - | commercial driver license, of the type disqualified, for the 463 |
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| 693 | | - | remainder of his or her unexpired license period. Any such 464 |
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| 694 | | - | person must shall pay the reinstatement fee provided in s. 465 |
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| 695 | | - | 322.21 before being issued a commercial driver license. 466 |
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| 696 | | - | Section 10. Paragraph (b) of subsection (1) of section 467 |
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| 697 | | - | 322.271, Florida Statutes, is amended to read: 468 |
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| 698 | | - | 322.271 Authority to mo dify revocation, cancellation, or 469 |
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| 699 | | - | suspension order.— 470 |
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| 700 | | - | (1) 471 |
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| 701 | | - | (b) A person whose driving privilege has been revoked 472 |
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| 702 | | - | under s. 322.27(5) may, upon expiration of 12 months from the 473 |
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| 703 | | - | date of such revocation, petition the department for 474 |
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| 704 | | - | reinstatement of his or her driving privilege. Upon such 475 |
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| 705 | | - | |
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| 706 | | - | CS/CS/HB 961 2025 |
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| 707 | | - | |
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| 708 | | - | |
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| 709 | | - | |
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| 710 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 711 | | - | hb961-02-c2 |
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| 712 | | - | Page 20 of 20 |
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| 713 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 714 | | - | |
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| 715 | | - | |
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| 716 | | - | |
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| 717 | | - | petition and after investigation of the person's qualification, 476 |
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| 718 | | - | fitness, and need to drive, the department shall hold a hearing 477 |
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| 719 | | - | pursuant to chapter 120 to determine whether the driving 478 |
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| 720 | | - | privilege shall be reinstated on a restri cted basis solely for 479 |
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| 721 | | - | business or employment purposes. If such person is granted a 480 |
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| 722 | | - | limited driving privilege and subsequently violates the 481 |
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| 723 | | - | conditions of the restricted driving privilege, the restricted 482 |
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| 724 | | - | driving privilege must be revoked and the person is no t eligible 483 |
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| 725 | | - | for any driving privilege for the remaining duration of the 5 -484 |
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| 726 | | - | year period after his or her initial license revocation. 485 |
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| 727 | | - | Section 11. Section 322.66, Florida Statutes, is amended 486 |
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| 728 | | - | to read: 487 |
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| 729 | | - | 322.66 Vehicles permitted to be driven during driving 488 |
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| 730 | | - | skills tests.—A person who does not possess a valid driver 489 |
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| 731 | | - | license may drive a noncommercial or commercial motor vehicle 490 |
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| 732 | | - | during a driving skills test conducted in accordance with s. 491 |
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| 733 | | - | 322.12(3) and (4)(b) s. 322.12(3) and (4)(a) , if the person has 492 |
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| 734 | | - | passed the vision, hearing, road rules, and road signs tests 493 |
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| 735 | | - | ordinarily administered to applicants for a Class E license, 494 |
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| 736 | | - | and, if required, has passed the commercial driver license 495 |
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| 737 | | - | knowledge and appropriate endorsement tests. 496 |
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| 738 | | - | Section 12. This act shall take effe ct July 1, 2026. 497 |
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| 495 | + | limited driving privilege and subsequently violates the 326 |
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| 496 | + | conditions of the restricted driving privilege, the restricted 327 |
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| 497 | + | driving privilege must be revoked and the person is not eligible 328 |
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| 498 | + | for any driving privilege for the remaining duration of the 5 -329 |
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| 499 | + | year period after his or her initial license revocation. 330 |
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| 500 | + | Section 11. Section 322.66, Florida Statutes, is amended 331 |
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| 501 | + | to read: 332 |
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| 502 | + | 322.66 Vehicles permitted to be driven during driving 333 |
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| 503 | + | skills tests.—A person who does not possess a valid driver 334 |
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| 504 | + | license may drive a noncommercial or commercial motor vehicle 335 |
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| 505 | + | during a driving skills test conducted in accordance with s. 336 |
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| 506 | + | 322.12(3) and (4)(b) s. 322.12(3) and (4)(a) , if the person has 337 |
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| 507 | + | passed the vision, hearing, ro ad rules, and road signs tests 338 |
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| 508 | + | ordinarily administered to applicants for a Class E license, 339 |
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| 509 | + | and, if required, has passed the commercial driver license 340 |
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| 510 | + | knowledge and appropriate endorsement tests. 341 |
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| 511 | + | Section 12. This act shall take effect July 1, 2026. 342 |
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