F.S.1995

322.01 322.02 322.025 322.0255

322.0261

322.03 322.031 322.04

322.05 322.051 322.055

322.056

322.058

322.059

322.0601

322.0602 322.065

322.07 322.08 322.09 322.095

322.10 322.11

322.12 322.121 322.125 322.126

322.13 322.14 322.141 322.142

322.15

322.16 322.17 322.18

322.19 322.20

DRIVERS' LICENSES

Definitions. Administration. Driver improvement.

CHAPTER 322

DRIVERS' LICENSES

322.201 322.21

Florida Motorcycle Safety Education Pro­gram.

Mandatory driver improvement course; cer-tain accidents.

Drivers must be licensed; penalties. Nonresident; when license required. Persons exempt from obtaining driver's

license. Persons not to be licensed. Identification cards. Revocation or suspension of, or delay of eli­

gibility for, driver's license for persons 18 years of age or older convicted of certain drug offenses.

Mandatory revocation or suspension of, or delay of eligibility for, driver's license for persons under age 18 found guilty of cer­tain alcohol or drug offenses.

Suspension of driving privileges due to child support delinquency.

Mandatory surrender of suspended driver's license and registration.

Driver's licenses issued to certain persons under the age of 18 years.

Youthful Drunk Driver Visitation Program. Driver's license expired for 4 months or less;

penalties. Instruction permits and temporary licenses. Application for license. Application of minors. Traffic law and substance abuse education

program for driver's license applicants. Release from liability. Revocation of license upon death of person

signing minor's application. Examination of applicants. Periodic reexamination of all drivers. Medical Advisory Board. Report of disability to department; content;

use. Driver's license examiners. Licenses issued to drivers. Color of licenses. Color photographic or digital imaged

licenses. License to be carried and exhibited on

demand; fingerprint to be imprinted upon a citation.

Restricted licenses. Duplicate and replacement certificates. Original applications, licenses, and renew-

als; expiration of licenses; delinquent licenses.

Change of address or name. Records of the department; fees; destruc­

tion of records.

322.212

322.22 322.221 322.23

322.24

322.245

322.25

322.2505

322.251

322.26

322.2615 322.263 322.264 322.27

322.271

322.272 322.273 322.274 322.28 322.282

322.29 322.291

322.292

322.293

322.30

322.31 322.32 322.33 322.331

322.34

893

Ch. 322

Records as evidence. License fees; procedure for handling and

collecting fees. Unauthorized possession of, and other

unlawful acts in relation to, driver's license or identification card.

Authority of department to cancel license. Department may require reexamination. Suspending privileges of nonresidents and

reporting convictions. Suspending resident's license upon convic­

tion in another state. Suspension of license upon failure of person

charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traf­fic court or upon failure to pay child sup­port in non-IV-D cases as provided in chapter 61.

When court to forward license to department and report convictions; temporary rein­statement of driving privileges.

Court to forward license of person adjudi­cated incapacitated to department.

Notice of cancellation, suspension, revoca­tion, or disqualification of license.

Mandatory revocation of license by depart-ment.

Suspension of license; right to review. Legislative intent. "Habitual traffic offender" defined. Authority of department to suspend or

revoke license. Authority to modify revocation, cancellation,

or suspension order. Supersedeas. Penalty. Automatic revocation of driver's license. Period of suspension or revocation. Procedure when court revokes or suspends

license or driving privilege and orders rein­statement.

Surrender and return of license. Driver improvement schools; required in cer­

tain suspension and revocation cases. DUI programs supervision; powers and

duties of the department. DUI Programs Coordination Trust Fund;

assessment; disposition. No operation under foreign license during

suspension, revocation, or disqualification in this state.

Right of review. Unlawful use of license. Making false affidavit perjury. Habitual traffic offenders; restoration of

license. Driving while license suspended, revoked,

canceled, or disqualified.

Ch.322 DRIVERS' LICENSES F.S. 1995

322.35 322.36 322.37 322.38 322.39 322.391

322.41

322.42 322.43 322.44 322.45

322.46 322.47 322.48 322.49 322.50 322.51 322.52 322.53 322.54 322.56

322.57

322.58

322.59

322.60

322.61

322.62

322.63

322.64

322.65 322.66

Permitting unauthorized minor to drive. Permitting unauthorized operator to drive. Employing unlicensed driver. Renting motor vehicle to another. Penalties. Failure of person charged with misdemeanor

under this chapter to comply with court­ordered directives; suspension of license.

Local issuance of driver's licenses prohib-ited.

Construction of chapter. Short title. Driver License Compact. Department of Highway Safety and Motor

Vehicles; duty. Compact administrator. Executive head defined. Review of employee's acts. Short title. Nonresident Violator Compact. Short title. Conflict with other laws. License required; exemptions. Classification. Contracts for administration of driving skills

portion of examination. Tests of knowledge concerning specified

vehicles; endorsement; nonresidents; vio­lations.

Holders of chauffeur's licenses; effect of classified licensure.

Possession of medical examiner's certifi­cate.

Possession of more than one license prohib­ited.

Disqualification from operating a commercial motor vehicle.

Driving under the influence; commercial motor vehicle operators.

Alcohol or drug testing; commercial motor vehicle operators.

Holder of commercial driver's license; driving with unlawful blood alcohol level; refusal to submit to breath, urine, or blood test.

Driver's license record exchange. Vehicles permitted to be driven during driv­

ing skills tests.

322.01 Definitions.-As used in this chapter: (1) "Actual weight" means the weight of a motor

vehicle or motor vehicle combination plus the weight of the load carried on it, as determined at a fixed scale operated by the state or as determined by use of a por­table scale operated by a law enforcement officer.

(2) "Alcohol" means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(3) "Alcohol concentration" means: (a) The number of grams of alcohol per 100 milliliters

of blood; (b) The number of grams of alcohol per 210 liters of

breath; or (c) The number of grams of alcohol per 67 milliliters

of urine.

(4) "Authorized emergency vehicle" means a vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized bys. 316.2397 to dis­play red or blue lights, and that is on call to respond to emergencies. The term includes, but is not limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles. The term does not include wreck­ers, utility trucks, or other vehicles that are used only incidentally for emergency purposes.

(5) "Cancellation" means the act of declaring a driv­er's license void and terminated.

(6) "Color photographic driver's license" means a color photograph of a completed driver's license form meeting the requirements prescribed ins. 322.14.

(7) "Commercial driver's license" means a Class A, Class B, or Class C driver's license issued in accordance with the requirements of this chapter.

(8) "Commercial motor vehicle" means any motor vehicle or motor vehicle combination used on the streets or highways, which:

(a) Has a gross vehicle weight rating of 26,001 pounds or more;

(b) Has a declared weight of 26,001 pounds or more; (c) Has an actual weight of 26,001 pounds or more; (d) Is designed to transport more than 15 persons,

including the driver; or (e) Is transporting hazardous materials and is

required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F.

(9) "Controlled substance" means any substance classified as such under 21 U.S.C. 802(6), Schedules I through V of Title 21 C.F.R. part 1308, or chapter 893.

(10) "Conviction" means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursu­ant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conform­ing to the aforesaid state statutory provisions.

(11) "Court" means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action.

(12) "Declared weight" means the maximum loaded weight declared for purposes of registration, pursuant to chapter 320.

(13) "Department" means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.

(14) "Disqualification" means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle.

(15) "Drive" means to operate or be in actual physical control of a motor vehicle in any place open to the gen­eral public for purposes of vehicular traffic.

(16) "Driver's license" means a certificate which, sub­ject to all other requirements of law, authorizes an indi­vidual to drive a motor vehicle.

(17) "Endorsement" means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain num­ber of passengers.

894

F.S.1995 DRIVERS' LICENSES Ch.322

(18) "Farmer" means a person who grows agricultural products, including horticultural and forestry products, and, except as provided herein, employees of such per­sons. The term does not include employees whose pri­mary purpose of employment is the operation of motor vehicles.

(19) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of hus­bandry.

(20) "Felony" means any offense under state or fed­eral law that is punishable by death or by a term of imprisonment exceeding 1 year.

(21) "Foreign jurisdiction" means any jurisdiction other than a state of the United States.

(22) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle.

(23) "Hazardous materials" has the meaning such term has under section 103 of the Hazardous Materials Transportation Act.

(24) "Medical examiner's certificate" means a docu­ment substantially in accordance with the requirements of Title 49 C.F.R. s. 391.43.

(25) "Motorcycle" means a motor vehicle powered by a motor with a displacement of more than 50 cubic centi­meters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or moped.

(26) "Motor vehicle" means any self-propelled vehi· cle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003.

(27) "Motor vehicle combination" means a motor vehi­cle operated in conjunction with one or more other vehi­cles.

(28) "Narcotic drugs" means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates.

(29) "Out-of-service order" means a prohibition that precludes a person from driving a commercial motor vehicle for a period of 72 hours or less.

(30) "Owner" means the person who holds the legal title to a vehicle. However, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the con­ditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to pos­session, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter.

(31) "Passenger vehicle" means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver.

(32) "Permit" means a document authorizing the tem­porary operation of a motor vehicle within this state sub· ject to conditions established in this chapter.

(33) "Resident" means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.

(34) "Restriction" means a prohibition against operat­ing certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle.

(35) "Revocation" means the termination of a licens­ee's privilege to drive.

(36) "School bus" means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children. The term "school" includes all preelementary, elementary, secondary, and postsec­ondary schools.

(37) "State" means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia.

(38) "Street or highway" means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.

(39) ·suspension" means the temporary withdrawal of a licensee's privilege to drive a motor vehicle.

(40) "Tank vehicle" means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehi­cle, if such tank has a designed capacity of 1,000 gal­lons or more.

(41) "United States" means the 50 states and the Dis­trict of Columbia.

(42) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or motorized bicycle.

Hlatory.-s. 13, ch. 19551, 1939; CGL 1940 Supp. 4151(627); s. 13, ch. 20451, 1941; s. 1. ch. 29721. 1955; s 1, ch. 61-457; s. 1, ch. 63-156; s. 1. ch. 65-496; s. 1, ch. 67-242; s. 1, ch. 67-304; s. 1, ch. 67-346; ss. 24. 35, ch. 69-106; s. 99, ch. 71-377; s. ch. 76-286; s. 5, ch. 78-353; s. 1, ch. 78-394; s. 1, ch. 81-3; s. 1, ch. 81-188; s. ch. 63-218; s. 8, ch. 85-81; s. 16, ch. 87-161; s. 3, ch. 89-282; s. 3, ch. 90-230; s ch. 94-306; s. 925, ch. 95-148; s. 11, ch. 95-247; s. 31, ch. 95-333.

322.02 Administration.-(1) The Department of Highway Safety and Motor

Vehicles is charged with the administration and function of enforcement of the provisions of this chapter.

(2) The department shall employ a director, who is charged with the duty of serving as the executive officer of the Division of Driver Licenses of the department inso­far as the administration of this chapter is concerned. He or she shall be subject to the supervision and direction of the department, and his or her official actions and decisions as executive officer shall be conclusive unless the same are superseded or reversed by the depart­ment or by a court of competent jurisdiction.

(3) The department shall have the authority to enter into reciprocal driver's license agreements with other jurisdictions within the United States and its territories

895

Ch.322 DRIVERS' LICENSES F.S. 1995

and possessions and with foreign countries or political entities equivalent to Florida state government within a foreign country.

(4) The department shall make and adopt rules and regulations for the orderly administration of this chapter.

History.-s. 14, ch. 19551, 1939; CGL 1940 Supp. 4151(628); s. 14, ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 63-34; ss. 24, 35, ch. 69-106; s. 2, ch. 78-394; s. 71, ch. 94-306; s. 926, ch. 95-148.

322.025 Driver improvement.-The department may implement programs to improve the driving ability of the drivers of this state. Such programs may include, but shall not be limited to, safety awareness campaigns, driver training, and licensing improvement. Motorcycle driver improvement programs implemented pursuant to this section or s. 322.0255 shall be funded by the motor­cycle safety education fee collected pursuant to s. 320.08(1)(d), which shall be deposited in the Highway Safety Operating Trust Fund of the department and appropriated for that purpose.

History.-s. 1, ch. 87-161; s. 6, ch. 88-405; s. 71, ch. 93-120.

322.0255 Florida Motorcycle Safety Education Pro­gram.-

(1) The department shall establish a Florida Motor­cycle Safety Education Program. The program shall be funded as provided by ss. 320.08 and 322.025.

(2) The department shall establish and administer motorcycle safety courses. The department shall pre­scribe the curricula for such courses, which must include a minimum of 12 hours of instruction, at least 6 hours of which shall consist of actual motorcycle opera­tion. The department may adopt or include courses, cur­ricula, or materials developed by the Motorcycle Safety Foundation or by other traffic safety groups determined to be comparable by the department.

(3) The department shall prescribe the qualifications for certification of instructors in the program. The department may include the qualifications specified by the Motorcycle Safety Foundation or by other traffic safety groups determined to be comparable by the department, and may recognize, for purposes of certifi­cation, instructor training provided by the Motorcycle Safety Foundation or by other traffic safety groups determined to be comparable by the department, as ful­filling the department's training requirements.

(4) Every organization shall be approved by the department before it may conduct motorcycle safety courses. The department may enter into agreements with organizations to provide for such courses. Such agreements shall include provisions for compensation of the costs of conducting the courses. Students may be required to purchase insurance as required by the orga­nization providing the course.

(5) The department shall, subject to the availability of funds, reimburse each organization that provides an approved motorcycle safety education course an amount not to exceed $50 for each student who suc­cessfully completes such course. This shall include any student not required to attend a motorcycle safety edu­cation course prior to licensure as required in s. 322.12. The amount to be reimbursed per student to each course provider shall be determined by the department. In order to facilitate such determination, each course

provider shall be required to submit proof satisfactory to the department of the expected cost per student to be incurred by such course provider. In no event shall the amount to be reimbursed per student to any course pro­vider exceed the expected cost per student or $50, whichever is less. In addition to the amount of any reim­bursement, each course provider that conducts such a course may charge each student a tuition fee sufficient to defray the cost of conducting the course. The depart­ment shall fund the payments required under this sub­section from the motorcycle safety education fee, as provided in ss. 320.08 and 322.025.

(6) Each organization that provides an approved motorcycle safety course may charge a registration fee, not to exceed $20 per student. This fee must be refunded if the student completes the course. However, any student who registers for, and does not complete, the course must forfeit his or her registration fee. For­feited fees may be retained by the organization that con­ducts the course.

(7) The department may adopt rules to implement this section.

(8) On and after January 1, 1989, every first-time applicant for licensure to operate a motorcycle who is under 21 years of age shall be required to complete a motorcycle education course as established pursuant to this section. Proof of completion of such education course shall be presented to the driver license examin­ing office prior to such licensure to operate a motorcy­cle.

History.-s. 7, ch. 88-405; s. 393, ch. 95-148.

322.0261 Mandatory driver improvement course; certain accidents.-

( 1) The department shall screen accident reports received under s. 316.066 ors. 324.051 to identify acci­dents involving the following:

(a) An accident involving death or a bodily injury requiring transport to a medical facility; or

(b) A second accident by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500.

(2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to an accident identified pursuant to subsection (1), the department shall require that the operator, in addition to other applicable penalties, attend a departmentally approved driver improvement course in order to main­tain driving privileges. If the operator fails to complete the course within 90 days of receiving notice from the department, the operator's driver's license shall be can­celed by the department until the course is successfully completed.

(3) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, accident avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.

History.-s. 27, ch. 90-119; s. 72, ch. 94-306.

322.03 Drivers must be licensed; penalties.-(1) Except as otherwise authorized in this chapter,

a person may not drive any motor vehicle upon a high-

896

F.S. 1995 DRIVERS' LICENSES Ch. 322

way in this state unless such person has a valid driver's license under the provisions of this chapter.

(a) A person who drives a commercial motor vehicle shall not receive a driver's license unless and until he or she surrenders to the department all driver's licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver's license. Any such person who fails to surrender such licenses or who makes a false affidavit concerning such licenses is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence. Any person who retains a driv­er's license because of employment or part-time resi­dence shall, upon qualifying for a license in this state, be issued a driver's license which shall be valid within this state only. All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the depart­ment, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid Florida driver's license at any time.

(2) Prior to issuing a driver's license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substan­tially similar alcohol-related or drug-related offense out­side this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Fur­ther, prior to issuing the driver's license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the pur­poses of this paragraph, a previous conviction for viola­tion of formers. 316.028, formers. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.

(3)(a) The department may not issue a commercial driver's license to any person who is not a resident of this state.

(b) A resident of this state who is required by the laws of this state to possess a commercial driver's license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver's license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided ins. 318.18.

(4) A person may not operate a motorcycle unless he or she holds a driver's license that authorizes such

operation, subject to the appropriate restrictions and endorsements.

(5) It is a violation of this section for any person whose driver's license has been expired for more than 4 months to operate a motor vehicle on the highways of this state.

(6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of sub­section (1 ), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver's license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant's appearance in court The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.

Hlstory.-s. 15, ch. 19551, 1939; CGL 1940 Supp. 4151(629); s 15, ch. 20451, 1941; s. 2, ch. 29721, 1955; s. 2, ch. 61-457; s. 1, ch. 63-156; s. 2, ch. 65-496; s. 24, ch. 73-334; s. 3, ch. 78-394; s. 2, ch. 80-308; s. 1, ch. 84-139; s. 10, ch. 86-165; s. 3, ch. 86-296; s. 17, ch. 87-161; s. 3, ch. 88-50; s. 16, ch. 89-282; s. 11, ch. 91-255; s. 73, ch. 94-306; s. 927, ch. 95-148.

322.031 Nonresident; when license required.-(1) In every case in which a nonresident, except a

nonresident migrant farm worker as defined in s. 316.003(61), accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 30 days after the commencement of such employment or education, be required to obtain a Florida driver's license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver's license within that 30-day period prior to operat­ing a motor vehicle on the highways of this state.

(2) A member of the United States Armed Forces on active duty in this state shall not be required to obtain a Florida driver's license under this section solely because he or she enters his or her children to be edu­cated in the public schools of this state if he or she has a valid military driving permit or a valid driver's license issued by another state.

(3) A nonresident who is domiciled in another state and who commutes into this state in order to work shall not be required to obtain a Florida driver's license under this section solely because he or she has accepted employment or engages in any trade, profession, or occupation in this state if he or she has a valid driver's license issued by another state. Further, any person who is enrolled as a student in a college or university and who is a nonresident but is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined ins. 246.021(5), shall not be required to obtain a Florida driver's license for the duration of the work­study program if such person has a valid driver's license issued by another state. Any nonresident who is enrolled as a full-time student in any such institution of higher learning is also exempt from the requirement of obtaining a Florida driver's license for the duration of such enrollment.

897

Ch.322 DRIVERS' LICENSES F.S. 1995

(4) A nonresident who is at least 21 years of age and who has in his or her immediate possession a valid com­mercial driver's license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type permitted by his or her license to be operated in this state.

Hiatory.-s. 1, ch. 73-238; s. 6, ch. 75-228; s. 4, ch. 78-394; s. 1, ch. 79-117; s. 3, ch. 82-112; s. 18, ch. 83-218; s. 35, ch. 89-282; s. 29, ch. 91-221; s. 394, ch. 95-148.

322.04 Persons exempt from obtaining driver's license.-

(1) The following persons are exempt from obtaining a driver's license:

(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.

(b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry tem­porarily operated or moved on a highway.

(c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid non­commercial driver's license issued to the nonresident in his or her home state or country, may operate a motor vehicle of the type for which a Class E driver's license is required in this state.

(d) A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid non­commercial driver's license issued to the nonresident in his or her home state or country may operate a motor vehicle, other than a commercial motor vehicle, in this state.

(e) Any person operating a golf cart, as defined ins. 320.01, which is operated in accordance with the provi­sions of s. 316.212.

(2) The provisions of this section do not apply to any person to whom s. 322.031 applies.

(3) Any person working for a firm under contract to the United States Government, whose residence is with­out this state and whose main point of employment is without this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, provided such per­son has a valid driver's license from the state of such person's residence.

Hiatory.-s. 16, ch. 19551, 1939; CGL 1940 Supp. 4151(630); s. 16, ch. 20451, 1941; s. 1, ch. 21949, 1943; s. 3, ch. 29721, 1955; s. 1, ch. 59-315; s. 1, ch. 61-124; s. 1, ch. 69-186; s. 5, ch. 78-394; s. 2, ch. 84-111; s. 45, ch. 87-198; s. 34, ch. 89-282; s. 5, ch. 91-243; s. 395, ch. 95-148; s. 32, ch. 95-333.

322.05 Persons not to be licensed.-The depart­ment shall not issue any license:

1(1) To any person who is under the age of 18 years, except that the department may issue:

(a) A restricted license as provided by this chapter to any person who is at least 15 years of age and, as applicable, meets the requirements set forth in s. 322.16 and any other requirements set forth in statute or in rule; or

(b) An operator's license to any person who: 1. Is 16 years of age before January 1, 1990; or 2. Is 16 years of age and, as applicable, meets the

requirements of s. 322.0601 and any other requirements set forth in statute or in rule.

1(2) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, Class C licensee, or Class D licensee, who is under the age of 18 years. Persons between the ages of 16 years and 18 years who make application for a Class D driver's license shall be subject to the provisions of paragraph (1 )(b) and to all the requirements and provisions of s. 322.09. Any person who applies for a Class D driver's license between the ages of 16 and 18 years shall have had a restricted driver's license, a temporary instruction permit as required ins. 322.07, or a driver's license for at least 90 days prior to the time he or she shall be eligi­ble to receive a Class D driver's license. The department may require of any such applicant for a Class D driver's license such examination of the qualifications of the applicant as the department shall deem proper, and the department may limit the use of any license granted as it may deem proper.

(3) To any person whose license has been sus­pended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter.

(4) To any person, as a commercial motor vehicle operator, whose privilege to operate a commercial motor vehicle has been disqualified, until the expiration of the period of disqualification.

(5) To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle.

(6) To any person who has been adjudged to be afflicted with, or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.

(7) To any person who is required by this chapter to take an examination, unless such person shall have suc­cessfully passed such examination.

(8) To any person, when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be detrimental to public safety or welfare. Deafness alone shall not pre­vent the person afflicted from being issued a Class D or Class E driver's license.

(9) To any person who is ineligible under s. 322.056. Hiatory.-s. 17, ch. 19551, 1939; CGL 1940 Supp. 4151(631); s. 17, ch. 20451,

1941; s. 2, ch. 21949, 1943; s. 4, ch. 29721, 1955; s. 1, ch. 67-174; ss. 24, 35, ch. 69-106; s. 6, ch. 78-394; ss. 1, 7, ch. 89-112; s. 17, ch. 89-282; s. 6, ch. 90-265; ss. 3, 4, ch. 93-144; s. 396, ch. 95-148. •Note.-Section 4, ch. 93-144, provides that "unless specifically reenacted by the

Legislature, subsections (1) and (2) of section 322.05, Florida Statutes, shall also stand repealed effective July 1, 1996, and the text of that section shall revert to that in existence on September 30, 1989, except that any amendments to such text enacted other than by chapter 89-112, Laws of Florida, shall be preserved and con· tinue to operate to the extent that such amendments are not dependent upon the portions of said text which expire pursuant to the provisions of this act.~ Section 17, ch. 89-282, amended subsections (1) and (2), effective April 1, 1991, to read:

(1) To any person who is under the age of 16 years, except that the department may issue a restricted license as provided by this chapter to any person who is at least 15 years of age.

(2) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, Class C licensee, or Class D licensee, who is under the age of 18 years. Persons between the ages of 16 years and 18 years who make application for a Class D driver's license shall be subject to all the requirements and provisions of s. 322.09. Any person who applies for a Class D driver's license between the ages of 16 and 18 years shall have had a restricted driver's license, a temporary instruc­tion permit as required ins. 322.07, or a driver's license tor at least 90 days prior to the time he shall be eligible to receive a Class D driver's license. The department may require of any such applicant for a Class D driver's license such examination of the qualifications of the applicant as the department shall deem proper, and the department may limit the use of any license granted as it may deem proper.

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F.S.1995 DRIVERS' LICENSES Ch. 322

322.051 Identification cards.-( 1) Any person 12 years of age or older may be

issued an identification card by the department upon completion of an application and payment of an applica­tion fee. The application shall include the full name (first, middle or maiden, and last), sex, race, residence address and mailing address, proof of birth satisfactory to the department, and other data the department may require. Applications for identification cards shall be signed and verified by the applicant before a person authorized to administer oaths. The fee for an identifica­tion card shalL be $3, including payment for the color photograph or digital image of the applicant.

(2) Every identification card shall expire, unless can­celed earlier, on the fourth birthday of the applicant fol­lowing the date of original issue. However, if an individ­ual is 60 years of age or older, and has an identification card issued under this section, the card shall not expire unless done so by cancellation by the department or by the death of the cardholder. Renewal of any identifica­tion card shall be made for a term which shall expire on the fourth birthday of the applicant following expiration of the identification card renewed, unless surrendered earlier. Any application for renewal received later than 90 days after expiration of the identification card shall be considered the same as an application for an original identification card. The renewal fee for an identification card shall be $3. The department shall, at the end of 4 years and 6 months after the issuance or renewal of an identification card, destroy any record of the card if it has expired and has not been renewed, unless the card­holder is 60 years of age or older.

(3) In the event an identification card issued under this section is lost, destroyed, or mutilated or a new name is acquired, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of such fact to the department and upon payment of a fee of $2.50 for such duplicate, which shall include payment for the color photograph or digital image of the appli­cant. Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a duplicate as for an original identification card.

(4) When used with reference to identification cards, "cancellation" means that an identification card is termi­nated without prejudice and must be surrendered. Can­cellation of the card may be made when a card has been issued through error or when voluntarily surrendered to the department.

(5) No public entity shall be liable for any loss or injury resulting directly or indirectly from false or inaccu­rate information contained in identification cards pro­vided for in this section.

(6) It is unlawful for any person: (a) To display, cause or permit to be displayed, or

have in his or her possession any fictitious, fraudulently altered, or fraudulently obtained identification card.

(b) To lend his or her identification card to any other person or knowingly permit the use thereof by another.

(c) To display or represent any identification card not issued to him or her as being his or her card.

(d) To permit any unlawful use of an identification card issued to him or her.

(e) To do any act forbidden, or fail to perform any act required, by this section.

(f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card, or to display or have in his or her possession any such photograph, photostat, dupli­cate, reproduction, or facsimile unless authorized by the provisions of this section.

History.-s. 1, ch. 73-236; s. 1, ch. 77-14; s. 1. ch. 78-105; ss. 7, 27, ch. 78-394; s. 37, ch. 89-282; ss. 1, 2, ch. 90-150; s. 397, ch. 95-148; s. 33, ch. 95-333.

322.055 Revocation or suspension of, or delay of eligibility for, driver's license for persons 18 years of age or older convicted of certain drug offenses.-

( 1) Notwithstanding the provisions of s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess. sell, or traffic in a controlled substance, the court shall direct the department to revoke the driver's license or driving privilege of the person. The period of such revocation shall be 2 years or until the person is evaluated for and, if deemed necessary by the evaluat­ing agency, completes a drug treatment and rehabilita­tion program approved or regulated by the Department of Health and Rehabilitative Services. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to busi­ness or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on length of suspension or revocation. In no case shall a restricted license be available until 6 months of the suspension or revocation period has expired.

(2) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is eligible by reason of age for a driver's license or privilege, the court shall direct the department to withhold issuance of such person's driver's license or driving privilege for a period of 2 years after the date the person was convicted or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Health and Rehabilitative Services. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been sus­pended or revoked under this section ors. 322.056 may, upon the expiration of 6 months. petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspen­sion or revocation. In no case shall a restricted license be available until 6 months of the suspension or revoca­tion period has expired.

899

Ch.322 DRIVERS' LICENSES F.S. 1995

(3) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person's driver's license or driving privilege is already under suspension or revocation for any reason, the court shall direct the department to extend the period of such suspension or revocation by an additional period of 2 years or until the person is evaluated for and, if deemed necessary by the evaluating agency, com­pletes a drug treatment and rehabilitation program approved or regulated by the Department of Health and Rehabilitative Services. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been sus­pended or revoked under this section ors. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspen­sion or revocation. In no case shall a restricted license be available until 6 months of the suspension or revoca­tion period has expired.

(4) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the department to withhold issuance of such person's driv­er's license or driving privilege for a period of 2 years after the date that he or she would otherwise have become eligible or until he or she becomes eligible by reason of age for a driver's license and is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Health and Rehabilitative Services. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined bys. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been sus­pended or revoked under this section ors. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspen­sion or revocation. In no case shall a restricted license be available until 6 months of the suspension or revoca­tion period has expired.

(5) Each clerk of court shall promptly report to the department each conviction for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance.

History.-s. 12, ch. 87-243; s. 4, ch. 89-281; s. 7, ch. 90-265: s. 74, ch. 94-300: s. 928, ch. 95-148.

322.056 Mandatory revocation or suspension of, or delay of eligibility for, driver's license for persons under age 18 found guilty of certain alcohol or drug offenses.-

(1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delin­quent for a violation of s. 562.11 (2), s. 562.111, or chap­ter 893, and:

(a) The person is eligible by reason of age for a driv­er's license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver's license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation. (b) The person's driver's license or driving privilege

is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation. (c) The person is ineligible by reason of age for a

driver's license or driving privilege, the court shall direct the department to withhold issuance of his or her driv­er's license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year after the date on which he or she would otherwise have become eligible, for the first violation.

2. Two years after the date on which he or she would otherwise have become eligible, for a subsequent violation.

(2) A penalty imposed under subsection (1) shall be in addition to any other penalty imposed by law.

Hislory.-s. 2. ch. 90-265; s. 3, ch. 91-243; s. 398, ch. 95-148.

322.058 Suspension of driving privileges due to child support delinquency.-

(1) When the department receives notice from the Title IV-D agency or depository or the clerk of the court that any person licensed to operate a motor vehicle in the State of Florida under the provisions of this chapter has a delinquent child support obligation, the depart­ment shall suspend the driver's license of the person named in the notice and the registration of all motor vehi­cles owned by that person.

(2) The department must reinstate the driving privi­lege and allow registration of a motor vehicle when the Title IV-D agency in IV-D cases or the depository or the clerk of the court in non-IV-D cases provides to the department an affidavit stating that:

(a) The person has paid the delinquency; (b) The person has reached a written agreement for

payment with the Title IV-D agency or the obligee in non-IV-D cases; or

(c) A court has entered an order granting relief to the obliger ordering the reinstatement of the license and motor vehicle registration.

(3) The department shall not be held liable for any license or vehicle registration suspension resulting from the discharge of its duties under this section.

(4) This section applies only to the annual renewal in the owner's birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under chapter 320, except for the transfer of registra­tions which is inclusive of the annual renewals. This sec­tion does not affect the issuance of the title to a motor vehicle, notwithstanding s. 319.23(7)(b).

History.-s. 12, ch. 93-208; s. 45, ch. 94-306; s. 929, ch. 95-148; s. 2, ch. 95-222.

900

F.S. 1995 DRIVERS' LICENSES Ch. 322

322.059 Mandatory surrender of suspended driv· er's license and registration.-Any person whose driv­er's license or registration has been suspended as pro­vided in s. 322.058 must immediately return his or her driver's license and registration to the Department of Highway Safety and Motor Vehicles. If such person fails to return his or her driver's license or registration, any law enforcement agent may seize the license or registra­tion while the driver's license or registration is sus­pended.

Hlstory.-s. 13, ch. 93-208; s. 399, ch. 95-148.

1322.0601 Driver's licenses issued to certain per­sons under the age of 18 years.-

(1) ATTENDANCE REQUIREMENTS.-The depart­ment may issue an operator's license to a minor at least 16 years of age but younger than 18 years of age if, at the time of application, such minor:

(a) Has received a high school diploma, a high school equivalency diploma, a special diploma, or acer­tificate of high school completion;

(b) Is enrolled in a public or private school and satis­fies relevant attendance requirements;

(c) Is enrolled in a study course in preparation for the Test of General Educational Development and satisfies relevant attendance requirements;

(d) Is enrolled in a home education program and sat­isfies the requirements of s. 232.02; provided, however, that students shall be in compliance with the require­ments and have been enrolled in the home education program for at least 1 school year prior to verification of attendance request, unless documentation of meeting the requirements of this section in the school year con­tiguous to enrollment in the home education program can be provided;

(e) Is enrolled in a 2degree career education pro­gram or a 3certificate career education program and sat­isfying relevant attendance requirements;

(f) Is enrolled in a job training program pursuant to chapter 446 and satisfying relevant attendance require­ments; or

(g) Is enrolled in other educational activities approved by the district school board and satisfying rel­evant attendance requirements.

(2) VERIFICATION AND INTERVENTION.-(a) An applicant for an operator's license shall pro­

vide written verification of compliance with the require­ments of subsection (1) or receipt of a waiver therefrom pursuant to subsection (3) to the department. The nec­essary verification shall be obtained from the district school board. If the applicant is enrolled in or has gradu­ated from a private high school, such verification shall be obtained by the applicant from the governing body of the private school. A school board shall not refuse to provide written verification of compliance with the requirements of this section to the department.

(b) Schools may implement interventions designed to improve student attendance in accordance with their district policies and procedures.

(c) When applying for a restricted license, an appli­cant must provide written verification to the department of compliance with the requirements of subsection (1) or receipt of a waiver therefrom, pursuant to subsection

901

(3). Written verification shall be obtained from the appli­cant's school. The applicant's school shall not refuse to provide written verification of compliance with the requirements of this section to the department.

(3) NOTIFICATION OF INTENT TO SUSPEND; INI­TIAL REVIEW; HARDSHIP WAIVER.-

(a) A public school principal, or the principal's desig­nee, or the designee of the governing body of a private school shall provide written notification to a minor and the minor's parent or guardian of the school district's intent to request that the department suspend the minor's driving privileges because the minor has dropped out of school, as defined in s. 228.041, and has failed to comply with the requirements of subsection ( 1 ).

(b) The minor or the parent or guardian of the minor shall have 15 calendar days from the date of receipt of this notice to request a hearing before the public school principal, or the principal's designee, or the designee of the governing body of a private school for the purpose of reviewing the pending suspension. The hearing shall be conducted within 30 calendar days after the public school principal, or the principal's designee, or the des­ignee of the governing body of a private school receives the request.

(c) The public school principal, or the principal's designee, or the designee of the governing body of a pri­vate school shall waive the requirements of subsection ( 1) for any minor under its jurisdiction for whom a per­sonal or family hardship requires that the minor have a driver's license for his or her own, or his or her family's, employment or medical care. The public school princi­pal, or the principal's designee, or the designee of the governing body of a private school shall take into con­sideration the recommendations of teachers, other school officials, guidance counselors, or academic advisers prior to granting a waiver to the requirements of subsection (1 ).

(d) The hardship waiver provided in paragraph (c) shall be requested, if desired, by the minor or the minor's parent or guardian at the initial hearing provided in paragraph (b). Additionally, the minor or the minor's parent or guardian shall present such other evidence as may indicate compliance with the requirements of sub­section (1) at the initial hearing.

(4) APPEAL-Any person denied a hardship waiver by a public school principal, or the principal's designee, or the designee of the governing body of a private school may appeal the decision to the school board or the governing body of the private school.

(5) REINSTATEMENT.-Upon receiving written veri­fication that the minor is again in compliance with the requirements of subsection (1), the department shall reinstate the minor's privilege to drive. Thereafter, if the school district determines that the minor is not in compli· ance with the requirements of subsection (1 ), the department shall suspend the minor's driving privilege until the minor is 18 years old, or otherwise satisfies the requirements of subsection (1 ), whichever occurs first.

(6) REPORTING AND ACCOUNTABILITY.-(a) Department of Highway Safety and Motor Vehi­

cles.-The department shall report quarterly to each school district the disposition of all requests to suspend drivers' licenses.

Ch.322 DRIVERS' LICENSES F.S. 1995

(b) Public schoo/s.-Beginning with the 1994-1995 school year, each school shall report, pursuant to s. 230.23(18), the number of:

1. Driver's license eligibility forms issued. 2. Notifications issued of possible student driver's

license suspensions based on nonattendance. 3. Requests to the department to suspend a driv-

er's license. 4. Student drivers' licenses actually suspended.

History.-ss. 2, 7, ch. 89-112; ss. 2, 3, 4, ch. 93-144. •Note.-Section 4, ch. 93-144, provides that "[u]nless specifically reenacted by

the Legislature, section 322.0601, . . Florida Statutes, shall stand repealed effec­tive July 1, 1996."

2Note.-The term "degree career education" was substituted for the term upostsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

3Note.-The term ucertificate career education" was substituted for the term "postsecondary adult vocationar by the editors pursuant to the directive of the Leg­islature ins. 16, ch. 94-232.

322.0602 Youthful Drunk Driver Visitation Program. (1) SHORT TITLE.-This section may be cited as the

"Youthful Drunk Driver Visitation Program Act." (2) COURT-ORDERED PARTICIPATION IN PRO­

GRAM; PREFERENCE FOR PARTICIPATION.-(a) If a person is convicted of a violation of s.

316.193, the court may order, as a term and condition of probation in addition to any other term or condition required or authorized by law, that the probationer par­ticipate in the Youthful Drunk Driver Visitation Program.

(b) The court shall give preference for participation in the program to probationers who are less than 18 years of age at the time of the offense if the facilities which participate in the program within the jurisdiction cannot accommodate all probationers who are eligible and who consent to participate in the program.

(3) INVESTIGATION AND CONSULTATION BY COURT.-The court shall investigate and consult with the probationer, his or her counsel, if any, and any pro­posed supervisor of a visitation under the program. The court may consult with any other person whom the court finds may be of value, including, but not limited to, the probationer's parents or other family members, in order to ascertain that the probationer is suitable for the pro­gram, that the visitation will be educational and mean­ingful to the probationer, and that there are no physical, emotional, or mental reasons to believe the program is not appropriate for the probationer or would cause any injury to the probationer.

(4) VISITATION REQUIREMENT.-(a) To the extent that personnel and facilities are

made available to the court, the court may include a requirement for supervised visitation by the probationer to all, or any, of the following:

1. A trauma center, as defined in s. 395.401, or a hospital as defined in s. 395.002, which regularly receives victims of vehicle accidents, between the hours of 10 p.m. and 2 a.m. on a Friday or Saturday night, in order to observe appropriate victims of vehicle acci­dents involving drinking drivers, under the supervision of any of the following:

a. A registered nurse trained in providing emer-gency trauma care or prehospital advanced life support.

b. An emergency room physician. c. An emergency medical technician.

2. A licensed service provider, as defined in s. 397 .311, which cares for substance abuse impaired per­sons, to observe persons in the terminal stages of sub­stance abuse impairment, under the supervision of appropriately licensed medical personnel. Prior to any visitation of such terminally ill or disabled persons, the persons or their legal representatives must give their express consent to participate in the visitation program.

3. If approved by the county coroner, the county coroner's office or the county morgue to observe appro­priate victims of vehicle accidents involving drinking drivers, under the supervision of the coroner or a deputy coroner.

(b) As used in this section, the term "appropriate victims" means victims or their legal representatives, including the next of kin, who have expressly given their consent to participate in the visitation program and vic­tims whose condition is determined by the visitation supervisor to demunstrate the results of accidents involving drinking drivers without being excessively gruesome or traumatic to the probationer.

(c) If persons trained in counseling or substance abuse are made available to the court, the court may coordinate the visitation program or the visitations at any of the appropriate facilities through those persons.

(d) Any visitation shall include, before any observa­tion of victims or disabled persons by the probationer, a comprehensive counseling session with the visitation supervisor at which the supervisor shall explain and dis­cuss the experiences which may be encountered during the visitation in order to ascertain whether the visitation is appropriate for the probationer.

(e) If at any time, either before or during a visitation, the supervisor of the probationer determines that the visitation may be or is traumatic or otherwise inappropri­ate for the probationer, or the supervisor is uncertain whether the visitation may be traumatic or inappropri­ate, the visitation shall be terminated without prejudice to the probationer.

(5) POSTVISITATION CONFERENCE.-(a) Following completion of any of the required visi­

tations, the program may include a personal conference among the sentencing judge, his or her designated rep­resentative, or the person responsible for coordinating the program for the judicial district and the probationer, the probationer's counsel, and, if available, the proba­tioner's parents in order to discuss the experiences of the visitation and how those experiences may affect the probationer's future conduct.

(b) If a personal conference is not practicable because of the probationer's absence from the jurisdic­tion, conflicting time schedules, or other reasons, the program shall require a written report or letter by the pro­bationer to the court discussing the experiences and their effect on the probationer.

(6) IMMUNITY FROM CIVIL LIABILITY.-The county, a court, any facility visited pursuant to the program, an agent, employee, or independent contractor of the court, county, or facility visited pursuant to the program, or any person supervising a probationer during the visi­tation, is not liable for any civil damages resulting from injury to the probationer, or civil damages caused by the probationer, during or from any activities relating to, the

902

F.S. 1995 DRIVERS' LICENSES Ch.322

~isitation, except for willful or grossly negligent acts intended to, or reasonably expected to, result in injury or damage. A probationer is eligible for workers' com­pensation as prescribed by law if he or she performs community service at a facility as an additional term or condition of probation.

History.-s. 1, ch. 90-265; s. 62, ch. 92-289; s. 21, ch. 93-39; s. 400, ch. 95-146.

322.065 Driver's license expired for 4 months or less; penalties.-

(1) Any person whose driver's license has been expired for 4 months or less and who drives a motor vehicl~ upon the hi.ghways of this state is guilty of an 1nfract1on and sub1ect to the penalty provided in s. 318.18.

(2) A person who is charged with a violation of this section may not be convicted if, prior to or at the time of his or her court or hearing appearance, he or she pro­duces m court or to the clerk of the court in which the charge is pending a driver's license issued to him or her and valid at the time of his or her arrest. The clerk of the c~urt is authorized to dismiss such case at any time pnor to the defendant's appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.

History.-s. 4, ch. 88-50; s. 401, ch. 95-148.

322.07 Instruction permits and temporary licenses. (1) Any person who, except for his or her lack of

instruction in operating a motor vehicle, would otherwise be qualified to obtain a Class D or Class E driver's ~icense .under th.is chapter, may apply for a temporary 1nstruct1on permit. The department shall issue such per­mit entitling the applicant, while having such permit in his or her immediate possession, to drive a motor vehicle of the type for which a Class Dor Class E driver's license is required upon the highways for a period of 90 days, but, except when operating a motorcycle or moped as defined in s. 316.003, such person must be accompa­nied by a licensed driver who is 18 years of age or older who is licensed to operate the class of vehicle being operated, and who is actually occupying the closest seat to the right of the driver.

(2) The department may, in its discretion, issue a temporary permit to an applicant for a Class D or Class E driver's. license permitting him or her to operate a motor vehicle of the type for which a Class D or Class E driver's license is required while the department is completing its investigation and determination of all facts relative to such applicant's right to receive a driv­er's license. Such permit must be in his or her immediate possession while operating a motor vehicle and it shall be invalid when the applicant's license has been issued or for good cause has been refused.

(3) Any person who, except for his or her lack of instruction in operating a commercial motor vehicle, would otherwise be qualified to obtain a commercial driver's license under this chapter, may apply for a tem­porar.y commercial instruction permit. The department ~hall issue such permit entitling the applicant, while hav­mg such permit in his or her immediate possession to drive a commercial motor vehicle on the highways pro-vided that: '

(a) The applicant possesses a valid driver's license issued in any state; and

(b) The applicant, while operating a commercial motor vehicle, is accompanied by a licensed driver who is 18 years of age or older, who is licensed to operate the cla~s of vehicle being operated, and who is actually occupying the closest seat to the right of the driver

History.-s. 19. ch. 19551, 1939; CGL 1940 Supp. 4151(633); s. 19, ch. IDis1. 1941; s. 18, ch. 87-161; s. 4, ch. 88-405; s. 33, ch. 89-282; s 402, ch. 95-148.

322.08 Application for license.-(1) Each application for a driver's license or dupli­

cate thereof shall be made upon a form to be furnished by the department and sworn to or affirmed by the appli­ca~t as to the truth of the statements made in the appli­cation.

(2) Each such application shall reflect the full name (first, middle or maiden, and last), proof of identity satis­factory to the department, proof of birth date satisfac­tory to the department, sex, social security number, and residence and mailing address of the applicant and briefly describe the applicant, and shall state wh'ether the applicant has previously been licensed to drive and if so, when and by what state, and whether any ~uch license or driving privilege has ever been disqualified, revoked, or suspended, or whether an application has ever been refused, and if so, the date of and reason for such disqualification, suspension, revocation, or refusal.

(3) Each such application shall include a consent to release driving record information, entitling the depart­ment to request, receive, and exchange such informa­tion with other jurisdictions.

(4) In addition to the requirements of subsections (1), (2), and (3), each application for a commercial driv­er's license shall include a certification as to whether the applicant is required by federal or state law to undergo biennial physical exammat1ons and other certifications required by the department.

(5) After December 31, 1989, the department may not issue a driver's license to a person who has never been issued a driver's license in any jurisdiction until he or she successfully completes the traffic law and sub­stance abuse education course prescribed in s. 322.095.

(6) Every application under this section made by a person who presently holds an out-of-state license shall be ~ccompanied by a ?OPY of the Florida registra­tion certificate showing registration under chapter 320 for every motor vehicle which is owned by the applicant, or, 1f he or she does not own any vehicle required to be registered under chapter 320, an affidavit to that effect.

(7) The application form for a driver's license or duplicate thereof shall include language permitting the following:

(a) A voluntary contribution of $5 per applicant, which contribution shall be transferred into the Election Campaign Financing Trust Fund.

(b) A voluntary contribution of $1 per applicant, which contribution shall be deposited into the Florida Organ and Tissue Donor Education Trust Fund if cre­ated by law, otherwise into the General Revenue Fund, for organ and tissue donor education.

A statement providing an explanation of the purpose of the trust funds shall also be included.

903

Ch.322 DRIVERS' LICENSES F.S. 1995

Hlstory.-s. 20, ch. 1939; CGL 1940 Supp. 4151(634); s. 20, ch. 20451, 1941; s 1, ch. 71-74; s. 8, 78-394; s. 1. ch. 85-98; s. 2, ch. 89-134; s. 14, ch. 89-282; s. 12. ch. 91-82; s. 28. ch. 91-107; s. 6, ch. 91-243; s. 403, ch. 95-148; s. 2, ch. 95-423

322.09 Application of minors.-(1 )(a) The application of any person under the age

of 18 years for an instruction permit or driver's license shall be signed and verified before a person authorized to administer oaths by the father, mother, or guardian or, in the event there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section shall not apply to a person under the age of 18 years who is emancipated by marriage.

(b) There shall be submitted with each application a certified copy of the birth certificate of the applicant. If the applicant is unable to furnish such certified copy, a certificate from the public school authorities as to the age of the applicant upon entering school as required by s. 232.03, or the school authorities of the state where applicant enrolled in school, shall be submitted. Upon inability of applicant to establish a birth date as above provided, then the same may be established in the order of preference as provided by s. 232.03. However, uncertified copies of such documents shall not be accepted.

(2) Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negli­gence or willful misconduct.

1(3) The applicant shall submit the verification required in s. 322.0601.

History.-s. 21, ch. 19551, 1939; CGL 1940 Supp. 4151(635); s. 21. ch. 20451, 1941; s. 1, ch. 29671, 1955; s 1, ch 77-373; s. 9, ch. 78-394; ss. 3. 7, ch. 89-112; SS. 3, 4, ch. 93-144.

'Note.-Section 4, ch. 93-144, provides that "(u]nless specifically reenacted by tM Legislature, . subsection {3) of section 322.09, . . . Florida Statutes. shall stand repealed effective July 1, 1996."

322.095 Traffic law and substance abuse educa­tion program for driver's license applicants.-

(1) The Department of Highway Safety and Motor Vehicles must approve a traffic law and substance abuse education course that must be completed by applicants for a Florida driver's license. The curriculum for the course must provide instruction on the physiolog­ical and psychological consequences of the abuse of alcohol and other drugs, the societal and economic costs of alcohol and drug abuse, the effects of alcohol and drug abuse on the driver of a motor vehicle, and the laws of this state relating to the operation of a motor vehicle. All instructors teaching this course shall be cer­tified by the department.

(2) The department shall contract for an independ­ent evaluation of the course, and shall provide documen­tation to the Legislature by October 1, 2000, measuring course effectiveness. Local DUI programs authorized under s. 316.193(5) and certified by the department or a driver improvement school may offer the traffic law and substance abuse education course. However, prior to offering the course, the course provider must obtain cer-

tification from the department that the course complies with the requirements of this section. The course pro­vider must offer the approved course at locations rea­sonably accessible to most applicants and must issue a certificate to those persons successfully completing the course.

(3) The completion of the course does not qualify a person for the reinstatement of a driver's license which has been suspended or revoked.

(4) The fee charged by the course provider must bear a reasonable relationship to the cost of the course. The department must conduct financial audits of course providers conducting the education courses required under this section or require that financial audits of pro­viders be performed, at the expense of the provider, by a certified public accountant.

(5) The provisions of this section do not apply to any person who has been licensed in any other jurisdiction or who has satisfactorily completed a Department of Education driver's education course offered pursuant to s. 233.063.

(6) Each course provider must collect a $3 assess­ment fee in addition to the enrollment fee charged to participants of the traffic law and substance abuse course required under this section. The $3 assessment fee collected by the course provider must be forwarded to the department within 30 days after receipt of the assessment.

History.-s. 1, ch. 89-134; s. 72, ch. 93-120; s. 4, ch. 93-246; s. 4, ch. 95-326.

322.10 Release from liability.-Any person who has signed the application of a minor for a driver's license may thereafter file with the department a verified written request that the license of said minor so granted be can­celed. Thereupon, the department shall cancel the license of that minor, and the person who signed the application of such minor shall be relieved from liability imposed under this chapter by reason of having signed that minor's application for any subsequent negligence or willful misconduct of such minor in operating a motor vehicle.

Hlstory.-s. 22, ch. 19551, 1939; CGL 1940 Supp. 4151(636); s. 22, ch. 20451, 1941; s. 10, ch. 78-394.

322.11 Revocation of license upon death of person signing minor's application.-The department, upon receipt of satisfactory evidence of the death of the per­son who signed the application of a minor for a license, shall cancel such license and shall not issue a new license until such time as the new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the minor has attained the age of 18 years.

History.-s. 23. ch. 19551, 1939; CGL 1940 Supp. 4151(637); s 23, ch. 20451, 1941.

322.12 Examination of applicants.-(1) It is the intent of the Legislature that every appli­

cant for an original driver's license in this state be required to pass an examination pursuant to this sec­tion. However, the department may waive the knowl­edge, endorsement, and skills tests for an applicant who is otherwise qualified and who surrenders a valid com­mercial or noncommercial driver's license from another state or a province of Canada, or a valid driver's license

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F.S. 1995 DRIVERS' LICENSES Ch. 322

issued by the United States Armed Forces, if the driver applies for a Florida license of an equal or lesser classifi­cation. A person who seeks to retain a hazardous­materials endorsement, pursuant to s. 322.57(1 )(d), must pass the hazardous-materials test, upon surren­dering his or her commercial driver's license, if the per­son has not taken and passed the hazardous-materials test within 2 years preceding his or her application for a commercial driver's license in this state.

(2) The department shall examine every applicant for a driver's license, including an applicant who is licensed in another state or country, except as otherwise provided in this chapter. A person holding a restricted driver's license as provided for in s. 322.16(2) shall not be required to pay a fee for successfully completing the examination showing his or her ability to operate a motor vehicle as provided for herein and shall not be required to pay the fee for a replacement license as provided in s. 322.17(2). Any person who applies for reinstatement following the suspension or revocation of his or her driv­er's license shall be required to pay a service fee of $25 following a suspension, and $50 following a revocation, which shall be in addition to the fee for a license. Any person who applies for reinstatement of a commercial driver's license following the disqualification of his or her privilege to operate a commercial motor vehicle shall be required to pay a service fee of $50, which shall be in addition to the fee for a license. All fees shall be col­lected by the department at the time of reinstatement. The department shall issue proper receipts for such fees and shall promptly transmit all funds received by it as fol­lows:

(a) Of the $25 fee received from a licensee for rein­statement following a suspension, the department shall deposit $15 in the General Revenue Fund and the remaining $10 in the Highway Safety Operating Trust Fund.

(b) Of the $50 fee received from a licensee for rein­statement following a revocation or disqualification, the department shall deposit $35 in the General Revenue Fund and the remaining $15 in the Highway Safety Oper­ating Trust Fund.

If the revocation or suspension of the driver's license was for a violation of s. 316.193, or for refusal to submit to a lawful breath, blood, or urine test, an additional fee of $105 shall be required. However, only one such $105 fee shall be collected from one person convicted of such violations arising out of the same incident. The $105 fee shall be collected by the department and deposited in the Highway Safety Operating Trust Fund at the time of reinstatement of the person's driver's license but shall not be collected if the suspension or revocation was overturned.

(3) For an applicant for a Class D or a Class E driv­er's license, such examination shall include a test of the applicant's eyesight given by the driver's license exam­iner designated by the department or by a licensed oph­thalmologist, optometrist, or physician and a test of the applicant's hearing given by a driver's license examiner or a licensed physician. The examination shall also include a test of the applicant's ability to read and understand highway signs regulating, warning, and

directing traffic; his or her knowledge of the traffic laws of this state, including laws regulating driving under the influence of alcohol or controlled substances, driving with an unlawful blood alcohol level, and driving while intoxicated; and his or her knowledge of the effects of alcohol and controlled substances upon persons and the dangers of driving a motor vehicle while under the influence of alcohol or controlled substances and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

(4) The examination for an applicant for a commer­cial driver's license shall include a test of the applicant's eyesight given by a driver's license examiner desig­nated by the department or by a licensed ophthalmolo­gist, optometrist, or physician and a test of the appli­cant's hearing given by a driver's license examiner or a licensed physician. The examination shall also include a test of the applicant's ability to read and understand highway signs regulating, warning, and directing traffic; his or her knowledge of the traffic laws of this state per­taining to the class of motor vehicle which he or she is applying to be licensed to operate, including laws regu­lating driving under the influence of alcohol or controlled substances, driving with an unlawful blood alcohol level, and driving while intoxicated; his or her knowledge of the effects of alcohol and controlled substances and the dangers of driving a motor vehicle after having con­sumed alcohol or controlled substances; and his or her knowledge of any special skills, requirements, or pre­cautions necessary for the safe operation of the class of vehicle which he or she is applying to be licensed to operate. In addition, the examination shall include an actual demonstration of the applicant's ability to exer­cise ordinary and reasonable control in the safe opera­tion of a motor vehicle or combination of vehicles of the type covered by the license classification which the applicant is seeking, including an examination of the applicant's ability to perform an inspection of his or her vehicle.

(a) The portion of the examination which tests an applicant's safe driving ability shall be administered by the department or by an entity authorized by the depart­ment to administer such examination, pursuant to s. 322.56. Such examination shall be administered at a location approved by the department.

(b) A person who seeks to retain a hazardous­materials endorsement must, upon renewal, pass the test for such endorsement as specified in s. 322.57(1 )(d), if the person has not taken and passed the hazardous-materials test within 2 years preceding his or her application for a commercial driver's license in this state.

(5)(a) The department shall formulate a separate examination for applicants for licenses to operate motor­cycles. Any applicant for a restricted driver's license who wishes to operate a motorcycle shall be required to successfully complete such examination, which shall be in addition to the examination administered pursuant to subsection (3). The examination shall test the appli­cant's knowledge of the operation of a motorcycle and of any traffic laws specifically relating thereto and, unless the person is applying for a restricted driver's

905

Ch.322 DRIVERS' LICENSES F.S. 1995

license, shall include an actual demonstration of his or her ability to exercise ordinary and reasonable control in the operation of a motorcycle. In the formulation of the examination, the department shall consider the use of the Motorcycle Operator Skills Test and the Motorcycle in Traffic Test offered by the Motorcycle Safety Founda­tion. The department shall indicate on the license of any person who successfully completes such examination that the licensee is authorized to operate a motorcycle. If the applicant wishes to be licensed to operate a motor­cycle only, he or she need not take the skill or road test required under subsection (3) for the operation of a motor vehicle, and the department shall indicate such limitation on his or her license as a restriction. Every first-time applicant for licensure to operate a motorcycle who is under 21 years of age shall be required to provide proof of completion of a motorcycle safety course, as provided for in s. 322.0255, prior to such licensure to operate a motorcycle.

(b) The department may exempt any applicant from the examination provided in this subsection if the appli­cant presents a certificate showing successful comple­tion of a course approved by the department, which course includes a similar examination of the knowledge and skill of the applicant in the operation of a motorcy­cle.

Hlstory.-s. 24, ch. 19551, 1939; CGL 1940 Supp. 4151(638); s. 24, ch. 20451, 1941; s. 2, ch. 61-232; s. 1, ch. 67-197; s. 3, ch. 75-113; s. 11, ch. 78-394; s. 12, ch. 82-155; s. 6, ch. 83-228; s. 2, ch. 84-139; ss 1, 2, ch. 84-314; s. 2, ch. 85-98; s. 1, ch. 85-181; s. 4, ch. 86-296; ss. 4, 19. ch. 87-161; s. 8, ch. 88-405; s. 6, ch. 89-282; s. 5, ch. 89-525; s. 7, ch. 91-243; s. 73, ch. 93-120; s. 75, ch. 94-306; s. 930, ch. 95-148; s. 12, ch. 95-247; s. 37, ch. 95-333.

322.121 Periodic reexamination of all drivers.­(1) It is the intent of the Legislature that all licensed

drivers in Florida be reexamined upon renewal of their licenses. Because only a small percentage of drivers in the state are categorized as problem drivers, the Legis­lature intends that the large number of drivers who have not had any convictions for the 3 years preceding renewal and whose driving privilege in this state has not been revoked, disqualified, or suspended at any time during the 7 years preceding renewal be processed expeditiously upon renewal of their licenses by examina­tions of their eyesight and hearing only and that all other licensees be tested, in addition to the eyesight and hear­ing examinations, with respect to their ability to read and understand highway signs regulating, warning, and directing traffic.

(2) Each licensee must pass a reexamination at the time of renewal, except as otherwise provided in this chapter. For each licensee whose driving record does not show any convictions for the preceding 3 years or any revocations, disqualifications, or suspensions for the preceding 7 years; and who, at the time of renewal, presents a renewal notice verifying such safe driving record, the reexamination shall consist of tests of the licensee's eyesight and hearing. For all other licensees, in addition to the eyesight and hearing tests, the reex­amination must include tests of the ability to read and understand highway signs and pavement markings reg­ulating, warning, and directing traffic.

(3) For each licensee whose driving record does not show any revocations, disqualifications, or suspensions for the preceding 7 years or any convictions for the pre-

ceding 3 years except for convictions of the following nonmoving violations:

(a) Failure to exhibit a vehicle registration certificate, rental agreement, or cab card pursuant to s. 320.0605(1 );

(b) Failure to renew a motor vehicle or mobile home registration that has been expired for 4 months or less pursuant to s. 320.07(3)(a);

(c) Operating a motor vehicle with an expired license that has been expired for 4 months or less pursu­ant to s. 322.03(5);

(d) Failure to carry or exhibit a license pursuant to s. 322.15(1 ); or

(e) Failure to notify the department of a change of address or name within 10 days pursuant to s. 322.19,

the department shall cause such licensee's license to be prominently markeC: with the notation "Safe Driver."

(4) Eyesight examinations must be administered as provided ins. 322.12.

(5) An examination fee may not be assessed for reexamination required by this section.

(6) Members of the Armed Forces, or their depen­dents residing with them, shall be granted an automatic extension for the expiration of their licenses without reexamination while serving on active duty outside this state. This extension is valid for 90 days after the mem­ber of the Armed Forces is either discharged or returns to this state to live.

(7) In addition to any other examination authorized by this section, an applicant for a renewal of a commer­cial driver's license may be required to complete suc­cessfully an examination of his or her knowledge regard­ing state and federal rules, regulations, and laws, gov­erning the type of vehicle which he or she is applying to be licensed to operate.

(8) In addition to any other examination authorized by this section, an applicant fora renewal of an endorse­ment issued under s. 322.57(1)(a), (b), (c), (d), or (e) may be required to complete successfully an examination of his or her knowledge regarding state and federal rules, regulations, and laws, governing the type of vehicle which he or she is seeking an endorsement to operate.

History.-s. 1, ch. 67-464; ss. 2. 3, ch. 67-371; ss. 24, 31, 35, ch. 69-106; s. 1, ch. 75-228; s. 12, ch. 78-394; ss. 3, 4, ch. 80-308; s. 3, ch. 85-98; s. 2, ch. 85-181; s. 11, ch. 89-282; ss. 1, 2, ch. 90-19; s. 8, ch. 91-243; s 76, ch. 94-306; s. 931, ch. 95-148; s. 5, ch. 95-326.

322.125 Medical Advisory Board.-(1) There shall be a Medical Advisory Board com­

posed of not fewer than 12 or more than 25 members, at least one of whom must be 60 years of age or older and all but one of whose medical and other specialties must relate to driving abilities, which number must include a doctor of medicine who is employed by the Department of Highway Safety and Motor Vehicles in Tallahassee, who shall serve as administrative officer for the board. The Executive Director of the Department of Highway Safety and Motor Vehicles shall recommend persons to serve as board members. Every member but two must be a doctor of medicine licensed to practice medicine in this or any other state and must be a mem­ber in good standing of the Florida Medical Association or the Florida Osteopathic Association. One member

906

F.S. 1995 DRIVERS' LICENSES Ch. 322

must be an optometrist licensed to practice optometry in this state and must be a member in good standing of the Florida Optometric Association. One member must be a chiropractor licensed to practice chiropractic in this state. Members shall be approved by the Cabinet and shall serve 4-year staggered terms. The board member­ship must, to the maximum extent possible, consist of equal representation of the disciplines of the medical community treating the mental or physical disabilities that could affect the safe operation of motor vehicles.

(2) The advisory board shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules.

(3)(a) The board shall advise the department on medical criteria and vision standards relating to the licensing of drivers. In fulfillment of this duty, the board shall assist the department in developing, and keeping current with medical and scientific advancements, coded restrictions to be placed upon drivers' licenses of persons whose medical condition warrants a require­ment that they wear medical identification bracelets when operating a motor vehicle, pursuant to s. 322.16(1)(d).

(b) Upon request of the department, the board shall report to the department on the individual physical and mental qualifications of a licensed driver or applicant. When a board member acts directly as a consultant to the department, a board member's individual review and evaluation of physical and mental qualifications of a licensed driver or applicant is exempt from the provi­sions of s. 286.011. This exemption is subject to the Open Government Sunset Review Act in accordance with 1s. 119.14.

(4) Reports received or made by the board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or the depart­ment and may not be divulged to any person except the licensed driver or applicant or used as evidence in any trial, and are exempt from the provisions of s. 119.07(1 ), except that the reports may be admitted in proceedings under s. 322.271 ors. 322.31. This exemption is subject to the Open Government Sunset Review Act in accord­ance with 1s. 119.14. Any person conducting an exami­nation pursuant to this section may be compelled to tes­tify concerning his or her observations and findings in such proceedings.

(5) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of the board for any action taken without intentional fraud in carrying out the provisions of this section.

(6) Members of the board shall be entitled to per diem and travel expenses pursuant to s. 112.061.

History.-s. 1, ch. 75-289; s. 1. ch. 77-174; s. 4, ch. 78-323; ss. 1, 2, ch. 79-64; SS. 1, 2, 3, ch. 81-66; SS. 1, 4, ch. 8246; s. 5, ch. 87-172; SS. 1, 3, 4, ch. 88-107; s. 3, ch. 88-410; s. 1, ch. 89-90; s. 5. ch. 91429; s. 404, ch. 95-148.

1Note.-A Repealed by s. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that "[n]otwithstanding any provision of law

to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Flor· ida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the oper­ation of that act, after October 1, 1995."

322.126 Report of disability to department; con· tent; use.-

(1) For the purpose of the reports authorized by this section, the Department of Highway Safety and Motor Vehicles, assisted by the Medical Advisory Board, shall:

(a) Define mental or physical disabilities affecting the ability of a person to safely operate a motor vehicle.

(b) Develop and keep current coded restrictions to be placed upon drivers' licenses of persons who are required to wear medical identification bracelets when operating a motor vehicle.

(2) Any physician, person, or agency having knowl­edge of any licensed driver's or applicant's mental or physical disability to drive or need to obtain or to wear a medical identification bracelet is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles. The report should be made in writ­ing giving the full name, date of birth, address, and a description of the alleged disability of any person over 15 years of age having mental or physical disorders that could affect his or her driving ability.

(3) The reports authorized by this section shall be confidential and exempt from the provisions of s. 119.07(1) and shall be used solely for the purpose of determining the qualifications of any person to operate a motor vehicle on the highways of this state. This exemption is subject to the Open Government Sunset Review Act in accordance with 1s. 119. 14. No civil or criminal action may be brought against any physician, person, or agency who provides the information required herein.

(4) No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in any court proceeding.

History.~s. 2, ch. 75-289; s. 1, ch. 77-174; s. 4, ch. 88410; s. 2, ch. 89-90; s. 77, ch. 94-306; s. 932, ch. 95-148. 'Note.-A. Repealed bys. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that '[n]otwithstanding any provision of law

to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Flor· ida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the oper­ation of thal act, after October 1, 1995.'

322.13 Driver's license examiners.-(1)(a) The department shall designate persons to

serve as driver's license examiners who, upon accept­ing such designation, shall conduct examinations here­under, perform other assigned duties, and make factual reports of findings and recommendations to the depart­ment as it may require. In the course of his or her duties, an examiner is authorized to administer oaths or have persons affirm as to the truth of statements filed before him or her.

(b)1. The department shall by rule establish proce­dures and requirements for the designation of instruc­tors of driver's education courses in public or private secondary schools as driver's license examiners. Such instructors may include both instructional personnel of the school system or private school who are certified by the Department of Education to teach the required course of study and instruct in the safe and lawful opera­tion of an automobile and instructors certified under chapter 488 with whom the district school board or pri­vate school has contracted to teach such a course. The

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Ch.322 DRIVERS' LICENSES F.S. 1995

duties of such persons as driver's license examiners are limited to conducting examinations of applicants for an original driver's license only, do not extend to the con­duct of reexaminations, and are also limited to instruct­ing applicants who are currently enrolled in a driver's education course at the school by which the instructor is employed.

2. Those persons serving as driver's license exam­iners are not liable for actions taken within the scope of their employment or designation, except as provided by s. 768.28. The schools at which such examinations are made and the school boards by which such designated examiners are employed also are not liable for any action brought as the result of such examination program.

(2) The department shall further designate persons to serve as driver's license examiners to enforce all driv­er's license laws; suspension, revocation, and cancella­tion orders; and laws relating to the registration of motor vehicles entered in compliance with the provisions of this chapter and chapters 320, 324, and 488. Upon des­ignation, certain examiners shall be empowered to issue uniform traffic citations to persons found in violation of such chapters. Any person who fails or refuses to sur­render his or her driver's license, registration certificate, and license plate upon lawful demand of an examiner is guilty of a misdemeanor of the second degree, punish­able as provided in s. 775.082 or s. 775.083. Persons designated as examiners by the department shall not be considered for membership in the state high-risk retire­ment program.

History.-s. 25, ch. 19551, 1939; CGL 1940 Supp. 4151(639); s. 25, ch 20451, 1941; s. 1, ell. 57-767; s. 13, ch. 78-394; s. 4, ch. 85-98; s. 11, ch. 87-225; s. 42, ch. 91-224; s. 1, ch. 93-10; s. 4-05, ch. 95-148

322.14 Licenses issued to drivers.-(1 )(a) The department shall, upon successful com­

pletion of all required examinations and payment of the required fee, issue to every applicant qualifying therefor, a driver's license as applied for, which license shall bear thereon a color photograph or digital image of the licensee; the name of the state; a distinguishing number assigned to the licensee; and the licensee's full name, date of birth, and mailing address; a brief description of the licensee, including, but not limited to, the licensee's gender and height; and the dates of issuance and expi­ration of the license. A space shall be provided upon which the licensee shall affix his or her usual signature. No license shall be valid until it has been so signed by the licensee except that the signature of said licensee shall not be required if it appears thereon in facsimile or if the licensee is not present within the state at the time of issuance. Applicants qualifying to receive a Class A, Class B, or Class C driver's license must appear in per­son within the state for issuance of a color photographic or digital imaged driver's license pursuant to s. 322.142.

(b) In addition to the requirements of paragraph (a), each license must exhibit the class of vehicle which the licensee is authorized to operate and any applicable endorsements or restrictions. If the license is a commer­cial driver's license, such fact must be exhibited thereon.

(2) The department may require other pertinent information to be exhibited on a driver's license.

History.-s. 26, ch. 19551, 1939; CGL 1940 Supp. 4151(640); s. 26, ch. 20451, 1941; s. 1, ch. 29735, 1955; s. 14, ch. 78-394; s. 32, ch. 89-282; s. 79, ch. 94-306; s. 933. ell. 95-148; s. 34, ch. 95-333.

322.141 Color of llcenses.-(1) All licenses originally issued or reissued by the

department to persons under the age of 21 years for the operation of motor vehicles shall have markings or color which shall be obviously separate and distinct from all other licenses issued. by the department for the opera­tion of motor vehicles.

(2)(a) Effective January 1, 1990, all licenses for the operation of motor vehicles originally issued or reissued by the department to persons who have insulin­dependent diabetes may, at the request of the appli­cant, have distinctive markings separate and distinct from all other licenses issued by the department.

(b) At the time of application for original license or reissue, the department shall require such proof as it deems appropriate that a person has insulin-dependent diabetes.

History.-s. 1, ch. 65-344; ss. 24, 35, ch. 69-106; s. 1, ch. 73-237; s. 5, ch. 85-285; s. 1, ch. 89-284; s. 35, ch. 95-333.

322.142 Color photographic or digital imaged licenses.-

(1) The department shall, upon receipt of the required fee, issue to each qualified applicant for an original driver's license a color photographic or.digital imaged driver's license bearing a fullface photograph or digital image of the licensee. A space shall be provided upon which the licensee shall affix his or her usual signa­ture, as required in s. 322.14, in the presence of an authorized agent of the department so as to ensure that such signature becomes a part of the license.

(2) The department shall, upon receipt of the required fee, issue to each qualified licensee applying for a renewal license in accordance with s. 322.18 a color photographic or digital imaged license as provided for in subsection (1).

(3) The department may conduct negotiations and enter into contracts with qualified firms possessing the requisite qualifications for the development and produc­tion of photographic or digital imaged identification doc­uments to assure efficient and economical processing of such licenses in sufficient quantity and of acceptable quality to meet the requirements and intent of this sec­tion, and to ensure adequate service at a sufficient num­ber of locations, at the lowest competitive sealed bid price.

(4) The department may maintain a film negative or print file. The department shall maintain a record of the digital image and signature of the licensees, together with other data required by the department for identifi­cation and retrieval. Reproductions from the file or digital record shall be made and issued only for departmental administrative purposes, for the issuance of duplicate licenses, or in response to law enforcement agency requests and are exempt from the provisions of s. 119.07(1 ). This exemption is subject to the Open Gov­ernment Sunset Review Act in accordance with 1s. 119.14.

History.-s. 2, ch. 67-346; ss. 1, 2, ch. 72-279; s. 15, ch. 78-394; s. 8, ch. 85-98; s. 4, ch. 89-90; s. 28, ch. 90-268; s. 4-06, ch. 95-148; s. 36, ch. 95-333.

1Note.-A. Repealed bys. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that •[n]otwlthstanding any provision of law

to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Flor· ida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act In accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the oper­ation of that act, after October 1, 1995."

908

F.S.1995 DRIVERS' LICENSES Ch.322

322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.-

(1) Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a law enforcement officer or an authorized representative of the department.

(2) Upon the failure of any person to display a driv­er's license as required by subsection (1 ), the law enforcement officer or authorized representative of the department stopping the person shall require the per­son to imprint his or her fingerprint upon any citation issued by the officer or authorized representative.

(3) No person charged with violating this section shall be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver's license theretofore issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant's appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.

(4) In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply proof of a valid driver's license for the reason that the license was sus­pended for failure to comply with that citation shall be issued a suspension clearance by the clerk of the court for that citation upon payment of the applicable penalty and fee for that citation. If proof of a valid driver's license is not provided to the clerk of the court within 30 days, the person's driver's license shall again be suspended for failure to comply.

Hietory.-s. 27. ch. 19551, 1939; CGL 194-0 Supp. 4151(641); s. 27. ch. 20451. 1941; s. 1, ch. 69-89; s. 24, ch. 73-334; s. 2, ch. 78-48; s. 17, ch. 84-359; s. 9, ch. 85-250; s. 11, ch. 86-185; s. 49, ch. 87-198; s. 38, ch. 89-282; ss. 2. 3, ch. 90-102; s. 1. ch. 94-199; s. 934, ch. 95-148.

322.16 Restricted licenses.-(1 )(a) The department, upon issuing a driver's

license, shall have authority whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type or special mechanical control devices required on a motor vehicle which the licensee may operate, including, but not lim­ited to, a licensee's ability to operate vehicles equipped with air brakes, or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehi­cle by the licensee.

(b) The department may further impose other suit­able restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or impose any other condition or restriction deemed neces­sary for driver improvement, safety, or control of drivers in this state.

(c) The department may further, at any time, impose other restrictions on the use of the license with respect to time and purpose of use or impose any other condi­tion or restriction upon recommendation of any court, the Parole Commission, or the Department of Correc­tions with respect to any individual under its jurisdiction, supervision, or control on probation or parole.

(d) The department shall have authority to impose a restriction upon the use of the license requiring that the licensee wear a medical identification bracelet when operating a motor vehicle. Medical identification brace­let restrictions shall be coded on the license of the restricted operator. There shall be no penalty for a viola­tion of this paragraph.

(2) The department may issue a nonrenewable restricted Class E driver's license, provided that:

(a) In no instance shall a restricted license be issued to a minor under 15 years of age;

1(b) Any minor at least 15 years of age but younger than 16 years of age shall be in compliance with the compulsory school attendance requirement or other­wise exempted therefrom pursuant to chapter 232;

(c) Any person holding a restricted driver's license when operating a motor vehicle, other than a motorcycle or moped as defined in s. 316.003, shall be accompa­nied at all times by a licensed driver who is not less than 18 years of age, who is licensed to operate the type of vehicle being operated, and who is actually occupying the closest seat to the right of such restricted driver;

(d) Any restricted driver under the age of 15 years and 6 months may operate a motor vehicle during day· time hours only. During the last 6 months before the licensee's 16th birthday, the restricted driver may, sub­ject to the above conditions, operate a motor vehicle after dark;

(e) A restricted driver under 16 years of age shall not be permitted to operate a motorcycle having a motor with more than 150 cubic centimeter displacement; and

(f) A restricted driver under 16 years of age shall not be permitted to rent a motorcycle as defined in s. 316.003(22) or a moped as defined in s. 316.003(77).

(3) The department may, upon receiving satisfac­tory evidence of any violation of the restriction of such license, except a violation of paragraph (1)(d), suspend or revoke the same, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter.

(4) It is a misdemeanor of the second degree, pun­ishable as provided in s. 775.082 or s. 775.083, for any person to operate a motor vehicle in any manner in viola­tion of the restrictions imposed in a restricted license issued to him or her except for a violation of paragraph (1)(d).

History.-s. 28, ch. 19551, 1939; CGL 1940 Supp. 4151(642). 8135(58); s. 28, ch 20451. 1941; s. 1, ch. 29683. 1955; s. 1, ch. 57-757; s. 1, ch. 59-432; s. 2, ch. 67-174; s. 1, ch. 67-265; s. 1, ch. 69-81; s. 209, ch. 71-136; s. 1, ch. 71-144; s. 5, ch. 77-120; s. 14, ch. 77-121; s. 16, ch. 78-394; s. 10, ch. 79-3; s. 1, ch. 82-132; s. 1, ch. 85-121; s. 12, ch. 85-309; s. 20, ch. 87-161; s. 36, ch. 88-122; s. 5, ch. 88-405; s. 5, ch. 88-410; ss. 4, 7, ch. 89-112; s. 10, ch. 89-282; ss. 3, 4, ch. 93-144; s. 407, ch. 95-148.

1Note.-Section 4, ch. 93-144, provides that '[u]nless specttically reenacted by theLegislature, ... paragraph(b)ofsubsection(2)o!section322.16, ... Florida Statutes, shall stand repealed effective July 1, 1996.'

322.17 Duplicate and replacement certificates.­(1)(a) In the event that an instruction permit or driv­

er's license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of $10, obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit or license has been lost or destroyed, and further furnishing the full name, date of birth, sex, residence and mailing address, proof of birth satisfactory to the department, and proof of iden-

909

Ch.322 DRIVERS' LICENSES F.S.1995

tity satisfactory to the department. Five dollars of the fee levied in this paragraph shall go to the Highway Safety Operating Trust Fund of the department.

(b) In the event that an instruction permit or driver's license issued under the provisions of this chapter is stolen, the person to whom the same was issued may, at no charge, obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit or license was stolen and further fur­nishing the full name, date of birth, sex, residence and mailing address, proof of birth satisfactory to the depart­ment, and proof of identity satisfactory to the depart· ment.

(2) Upon the surrender of the original license and the payment of a $10 replacement fee, the department shall issue a replacement license to make a change in name, address, or restrictions. Upon written request by the licensee and notification of a change in address, and the payment of a $10 fee, the department shall issue an address sticker which shall be affixed to the back of the license by the licensee. Nine dollars of the fee levied in this subsection shall go to the Highway Safety Operat­ing Trust Fund of the department.

History.-s. 29, ch. 19551. 1939; CGL 1940 Supp. 4151(643); s. 29, ch. 20451, 1941; s. 1, ch. 71-73; s. 2, ch. 75-228; s. 1, ch. 77-174; s. 5, ch. 85-98; s. 1, ch. 88-322; s. 39, ch. 89-282; ss. 52, 53, ch. 90-132; s. 74, ch. 93-120; s. 6, ch. 95-326; s. 38, ch. 95-333.

322.18 Original applications, licenses, and renew­als; expiration of licenses; delinquent licenses.-

(1) An original driver's license may be issued only after the applicant successfully passes the required driver's license examination and presents the applica­tion to the department.

(2) Each applicant who is entitled to the issuance of a driver's license, as provided in this section, shall be issued a driver's license, as follows:

(a) An applicant applying for an original issuance shall be issued a driver's license which expires at mid­night on the licensee's birthday which next occurs on or after the sixth anniversary of the date of issue.

(b) An applicant applying for a renewal issuance or renewal extension shall be issued a driver's license or renewal extension sticker which expires at midnight on the licensee's birthday which next occurs 4 years after the month of expiration of the license being renewed, except that a driver whose driving record reflects no convictions for the preceding 3 years shall be issued a driver's license or renewal extension sticker which expires at midnight on the licensee's birthday which next occurs 6 years after the month of expiration of the license being renewed.

(3) If a license expires on a Saturday, Sunday, or legal holiday, it shall be valid until midnight of the next regular working day and may be renewed on that day without payment of a delinquent fee.

(4) Except as otherwise provided in this chapter, all licenses shall be renewable every 4 years or 6 years, depending upon the terms of issuance and shall be issued or extended upon application, payment of the fees required by s. 322.21, and successful passage of any required examination, unless the department has reason to believe that the licensee is no longer qualified to receive a license.

(5) All renewal driver's licenses may be issued after the applicant licensee has been determined to be eligi­ble by the department.

(6) If the license.e does not receive a renewal notice, the licensee or applicant may apply to the department, under oath, at any driver's license examining office. Such application shall be on a form prepared and fur­nished by the department. The department shall make such forms available to the various examining offices throughout the state. Upon receipt of such application, the department shall issue a license or temporary permit to the applicant or shall advise the applicant that no license or temporary permit will be issued and advise the applicant of the reason for his or her ineligibility.

(7) An expired Florida driver's license may be renewed any time within 12 months after the expiration date, with reexamination, if required, upon payment of the required delinquent fee or taking and passing the written examination. If the final date upon which a license may be renewed under this section falls upon a Saturday, Sunday, or legal holiday, the renewal period shall be extended to midnight of the next regular work­ing day. The department may refuse to issue any license if:

(a) It has reason to believe the licensee is no longer qualified to receive a license.

(b) Its records reflect that the applicant's driving privilege is under suspension or revocation.

(8) The department shall issue 4-year and 6-year license extensions by mail, electronic, or telephonic means without reexamination.

(a) If the department determines from its records that the holder of a license about to expire is eligible for renewal, the department shall mail a renewal notice to the licensee at his or her last known address, not less than 30 days prior to the licensee's birthday. The renewal notice shall direct the licensee to appear at a driver license office for in-person renewal or to transmit the completed renewal notice and the fees required by s. 322.21 to the department by mail, electronically, or telephonically within the 30 days preceding the licens­ee's birthday for a license extension. License extensions shall not be available to drivers directed to appear for in­person renewal.

(b) Upon receipt of a properly completed renewal notice, payment of the required fees, and upon deter­mining that the licensee is still eligible for renewal, the department shall send a license extension sticker to the licensee to affix to the expiring license as evidence that the license term has been extended.

(c) The department shall issue license extensions for two consecutive license expirations only. Upon expi­ration of two consecutive license extension periods, in­person renewal with reexamination as provided in s. 322.121 shall be required. A person who is out of this state when his license expires may be issued a 90-day temporary driving permit without reexamination. At the end of the 90-day period, the person must either return to this state or apply for a license where the person is located, except for a member of the Armed Forces as provided ins. 322.121(6).

(d) In-person renewal at a driver license office shall not be available to drivers whose records indicate they were directed to apply for a license extension.

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F.S. 1995 DRIVERS' LICENSES Ch. 322

(e) Any person who knowingly possesses any forged, stolen, fictitious, counterfeit, or unlawfully issued license extension sticker, unless possession by such person has been duly authorized by the department, commits a misdemeanor of the second degree, punish­able as provided in s. 775.082 or s. 775.083.

(f) The department shall develop a plan for the equi­table distribution of license extensions and renewals and the orderly implementation of this section.

(9)(a) A restricted driver's license shall not be issued to any person who has previously held a restricted driv­er's license issued by this state.

(b) An original restricted driver's license is not renewable.

(10)(a) The application form for a renewal issuance or renewal extension shall include language permitting a voluntary contribution of $1 per applicant, to be quar­terly distributed by the department to Prevent Blindness Florida, a not-for-profit organization, to prevent blind­ness and preserve the sight of the residents of this state. A statement providing an explanation of the pur­pose of the funds shall be included with the application form.

(b) Prior to the department distributing the funds collected pursuant to paragraph (a), Prevent Blindness Florida must submit a report to the department that identifies how such funds were used during the preced­ing year.

Hlstory.-s. 30. ch. 19551, 1939; CGL 1940 Supp. 4151(644); s. 30, 20451, 1941; s. 1, ch. 24346, 1947; s. 1, ch. 26911, 1951; s. 1, ch. 61-13; s. 2, ch 67-242; ss. 24, 35, ch. 69-106; s. 1, ch. 72-211; ss. 3, 5, ch. 75-228; s. 17, ch. 78-394; s. 2, ch. 82-132; s. 22, ch. 64-359; s. 6, ch. 85-98; s. 40, ch. 89-282; s. 9, ch. 91-243; s. 31, ch. 95-143; s. 408, ch. 95-148; s. 7, ch. 95-326; ss. 39, 66, ch. 95-333.

322.19 Change of address or name.-(1) Whenever any person, after applying for or

receiving a driver's license, changes his or her legc;tl name, that person must within 10 days thereafter obtain a replacement license that reflects the change.

(2) Whenever any person, after applying for or receiving a driver's license, changes the residence or mailing address in the application or license, the person must, within 10 calendar days, either obtain a replace­ment license that reflects the change or request in writ­ing a change-of-address sticker. The written request to the department must include the old and new addresses and the driver's license number.

(3) A violation of this section is a nonmoving violation with a penalty as provided in s. 318.18(2).

History.-s. 31, ch. 19551, 1939; CGL 1940 Supp. 4151(645); s. 31, ch. 20451, 1941; s. 18, ch. 84-359; s. 41, ch. 89-282; s. 409, ch. 95-148; s. 8, ch. 95-326; s. 40, ch. 95-333.

322.20 Records of the department; fees; destruc­tion of records.-

(1) The department shall maintain a record of every application for license received by it. The possession of such an application form, whether filled out or in blank, or of a counterfeit thereof, not authorized by the depart­ment or its personnel constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The department shall also maintain a record of all accident reports, abstracts of court records of convic­tions, and notices of revocation or suspension of a per­son's driver's license or driving privilege.

911

(3) The department shall maintain convenient rec­ords or make suitable notations, in order that the individ· ual driver history record of each licensee is readily avail­able for the consideration of the department upon appli­cation for renewal of a license and at other suitable times. The release by the department of the driver his­tory record, with respect to accidents involving a licensee, shall not include any notation or record of the occurrence of a motor vehicle accident unless the licensee received a traffic citation as a direct result of the accident, and to this extent such notation or record is exempt from the provisions of s. 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with 1s. 119.14.

(4) It is unlawful for any person to falsify, alter, erase, remove, or destroy, or cause to be altered, erased, removed, or destroyed, any record maintained by the department unless the alteration, erasure, removal, or destruction has been duly authorized.

(5) The department shall promulgate rules and pro­cedures to ensure adequate safeguards and auditing capabilities to enable records of uniform traffic disposi­tions to be reported to the department in an automated fashion, through cooperative arrangements which may be entered into between court clerks and the depart­ment, in order to enhance the effectiveness and effi­ciency of dispositions reported on the uniform traffic citation. Automated procedures must be subjected to tests to ensure that the integrity of the driver file is enhanced or maintained and that the intent of this chap­ter, as stated in s. 322.263, is given priority consider­ation with respect to either on-line data entry activities between the courts and the department or the forward­ing of electronically recorded data. Departmental rules shall require that data verification be accompanied by comparison with data from uniform traffic disposition reports.

(6) The department shall tabulate and publish statis­tics of traffic citation dispositions and provide records to court clerks for the purpose of verifying that the data was properly received and recorded.

(7) The requirement for the department to keep rec­ords shall terminate upon the death of an individual licensed by the department upon notification by the Department of Health and Rehabilitative Services of such death. The department shall make such notifica­tion as is proper of the deletions from their records to the court clerks of the state.

(8) The department may, upon application, furnish to. any person, from the records of the Division of Driver Licenses, a list of the names, addresses, and birth dates of the licensed drivers of the entire state or any portion thereof by age group. In addition, the department may furnish to the courts, for the purpose of establishing jury selection lists, the names, addresses, and birth dates of the persons of the entire state or any portion thereof by age group having identification cards issued by the department. Each person who requests such informa­tion shall pay a fee, set by the department, of 1 cent per name listed, except that the department shall furnish such information without charge to the courts for the purpose of jury selection or to any state agency or to any state attorney, sheriff, or chief of police. Such court,

Ch. 322 DRIVERS' LICENSES F.S. 1995

state agency, state attorney, or law enforcement agency may not sell, give away, or allow the copying of such information. This exemption is subject to the Open Gov­ernment Sunset Review Act in accordance with 1s. 119.14. Noncompliance with this prohibition shall autho· rize the department to charge the noncomplying court, state agency, state attorney, or law enforcement agency the appropriate fee for any subsequent lists requested. The department may adopt rules necessary to imple­ment this subsection.

(9) The Division of Driver Licenses is authorized, upon application of any person and payment of the proper fees, to search and to assist such person in the search of the records of the department and make reports thereof and to make photographic copies of the departmental records and attestations thereof.

(10)(a) The department is authorized to charge the following fees for the following services and documents:

1. For providing a transcript of any one individ· ual's driver history record for the past 3 years or for searching for such record when no record is found to be on file ............................................................... $2.00

2. For providing a transcript of any one individ­ual's driver history record for the past 7 years or for searching for such record when no record is found to be on file ............................................................... $3.00

3. For providing a certified copy of a transcript of the driver history record for any one individual ................................................................... $3.00

4. For providing a certified photographic copy of a document, per page ......................................... $1.00

5. For providing an exemplified record ......... $15.00 6. For providing photocopies of documents,

papers, letters, clearances, or license or insurance status reports, per page .......................................... $0.50

7. For assisting persons in searching any one individual's driver record at a terminal located at the department's general headquarters in Tallahassee ............................................................... $2.00

(b) The department shall furnish such information without charge to any local, state, or federal law enforce­ment agency or court upon proof satisfactory to the department as to the purpose of the investigation.

(11) The fees collected under this section shall be placed in the Highway Safety Operating Trust Fund.

(12) The department is authorized in accordance with chapter 257 to destroy reports, records, documents, papers, and correspondence in the Division of Driver Licenses which are considered obsolete.

(13) The department is authorized to photograph, microphotograph, or reproduce on film such documents, records, and reports as it may select. The photographs or microphotographs in the form of film or print of any records made in compliance with the provisions of this section shall have the same force and effect as the origi­nals thereof and shall be treated as originals for the pur­pose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

History.-s. 32, ch. 19551, 1939; CGL 1940 Supp. 4151(646); s. 32, ch 20451. 1941; s. 1, ch. 57-758; s. 210, ch. 71-136; s. 18, ch. 78-394; s. 3, ch. 79-99; s. 2, ch. 81-181; s. 5, ch. 82-130; s. 19, ch. 83-218; s. 11. ch. 83-228; s. 1, ch. 85-78; s. 3, ch. 89-90; s. 5, ch. 91-235; s. 75, ch. 93-120; s. 32, ch. 95-143.

'Note.-A. Repealed bys. 1, ch. 95-217. B. Section 4, ch. 95-217, provides that '[n]otwithstanding any provision of law

to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Flor­ida Statutes, which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes, are not subject to review under that act, and are not abrogated by the oper­ation of that act, alter October 1, 1995.'

322.201 Records as evidence.-A copy, computer copy, or transcript of all abstracts of accident reports and all abstracts of court records of convictions received by the department and the complete driving record of any individual duly certified by machine imprint of the department or by machine imprint of the clerk of a court shall be received as evidence in all courts of this state without further authentication, provided the same is otherwise admissible in evidence. Further, any court or the office of the clerk of any court of this state which is electronically connected by a terminal device to the computer data center of the department may use as evi­dence in any case the information obtained by this device from the records of the department without need of such certification; however, if a genuine issue as to the authenticity of such information is raised by a party or by the court, the court in its sound discretion may require that a record certified by the department be sub­mitted for admission into evidence. For such computer copies generated by a terminal device of a court or clerk of court, entry in a driver's record that the notice required by s. 322.251 was given shall constitute suffi­cient evidence that such notice was given.

Hlstory.-s. 2, ch. 63-371; s. 1, ch. 67-305; ss. 24, 35. ch. 69-106; s. 2, ch. 81-34; s. 20, ch. 83-218: s. 30, ch. 91-221.

322.21 License fees; procedure for handling and collecting fees. -

(1) Except as otherwise provided herein, the fee for: (a) An original or renewal commercial driver's

license is $50, which shall include the fee for driver edu­cation provided by s. 233.063; however, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires the commercial license, the fee shall be the same as for a Class E driver's license. A delinquent fee of $1 shall be added for a renewal made not more than 12 months after the license expiration date.

(b) An original Class Dor Class E driver's license is $20, which shall include the fee for driver's education provided by s. 233.063; however, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school sys­tem that requires a commercial driver license, the fee shall be the same as for a Class E license.

(c) The renewal or extension of a Class Dor Class E driver's license or of a license restricted to motorcycle use only is $15, except that a delinquent fee of $1 shall be added for a renewal or extension made not more than 12 months after the license expiration date. The fee pro­vided in this paragraph shall include the fee for driver's education provided by s. 233.063.

(d) An original driver's license restricted to motorcy­cle use only is $20, which shall include the fee for driv­er's education provided by s. 233.063.

(e) Each endorsement required bys. 322.57 is $5.

912

F.S. 1995 DRIVERS' LICENSES Ch. 322

(2) It is the duty of the Director of the Division of Driver Licenses to set up a division in the department with the necessary personnel to perform the necessary clerical and routine work for the department in issuing and recording applications, licenses, and certificates of eligibility, including the receiving and accounting of all license funds and their payment into the State Treasury, and other incidental clerical work connected with the administration of this chapter. The department is author­ized to use such electronic, mechanical, or other devices as necessary to accomplish the purposes of this chapter.

(3) The department shall prepare sufficient forms for certificates of eligibility, applications, notices, and license materials to supply all applicants for driver's licenses and all renewal licenses.

(4) If the department determines from its records or is otherwise satisfied that the holder of a license about to expire is entitled to have it renewed, the department shall mail a renewal notice to him or her at his or her last known address, not less than 30 days prior to the licens­ee's birthday. The licensee shall be issued a renewal license, after reexamination, if required, during the 30 days immediately preceding his or her birthday upon presenting a renewal notice, his or her current license, and the fee for renewal to the department at any driver's license examining office.

(5) The department shall collect and transmit all fees received by it under this section to the Treasurer to be placed in the General Revenue Fund of the state, and sufficient funds for the necessary expenses of the department shall be included in the appropriations act. The fees shall be used for the maintenance and opera­tion of the department.

(6) Any member of the Armed Forces or his or her spouse, daughter, son, stepdaughter, or stepson, who holds a Florida driver's license and who presents an affi. davit showing that he or she was out of the state due to service in the Armed Forces of the United States at the time of license expiration is exempt from paying the delinquent fee, if the application for renewal is made within 15 months after the expiration of his or her license and within 90 days after the date of discharge or transfer to a military or naval establishment in this state as shown in the affidavit. However, such a person is not exempt from any reexamination requirement.

(7) Any veteran honorably discharged from the Armed Forces who has been issued a valid identification card by the Department of Veterans' Affairs in accord­ance with s. 295.17, or has been determined by the United States Department of Veterans Affairs or its predecessor to have a 100-percent total and permanent service-connected disability rating for compensation, or has been determined to have a service-connected total and permanent disability rating of 100 percent and is in receipt of disability retirement pay from any branch of the United States Armed Services, and who is qualified to obtain a driver's license under this chapter is exempt from all fees required by this section.

Hlstory.-s. 33, ch. 19551, 1939; CGL 1940 Supp. 4151(647); s. 33, ch. 20451, 1941; s. 1, ch. 22838, s. 7, ch. 22858, 1945; ss. 2, 3, ch. 24346, 1947; s. 51, ch. 26869, 1951; s. 1, ch. 59-314; s. 2, ch. 61-13; s. 3, ch. 67-242; s. 1, ch. 67-306; ss. 24, 35, ch. 69-106; s. 2, ch. 72--211; s. 1, ch. 73-305; s. 4, ch. 75-228; s. 1, ch 77-174; s. 202, ch. 61-259; s. 6, ch. 83-71; s. 7, ch. 63-228; s. 3, ch. 84-314; s. 9, ch. 85-81; s. 7, ch. 85-98; s. 15, ch. 87-356; s. 28, ch. 88-290; s. 12, ch. 89-282; ss. 10, 12, ch. 91-243; s. 13, ch. 93-268; s. 80, ch. 94-306; s. 935, ch. 95-148.

322.212 Unauthorized possession of, and other unlawful acts in relation to, driver's license or identifi­cation card.-

(1) It is unlawful for any person knowingly to have in his or her possession any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver's license or iden­tification card described ins. 322.051 unless possession by such person has been duly authorized by the depart­ment.

(2) It is unlawful for any person to barter, trade, sell, or give away any driver's license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless such person has been duly authorized to issue the license or identification card by the department as provided in this chapter or in the adopted rules and regulations of the department.

(3) It is unlawful for any employee of the department to allow or permit the issuance of a driver's license or identification card when he or she knows that the appli­cant has not lawfully fulfilled the requirements of this chapter for the issuance of such license or identification card.

(4) It is unlawful for any person to agree to supply or to aid in supplying any person with a driver's license or identification card by any means whatsoever not in accordance with the provisions of this chapter.

(5) It is unlawful for any person to use a false or ficti· tious name in any application for a driver's license or identification card or knowingly to make a false state­ment, knowingly conceal a material fact, or otherwise commit a fraud in any such application.

(6) Any person who violates any of the provisions of this act is guilty of a felony of the third degree, punish· able as provided ins. 775.082, s. 775.083, ors. 775.084. However, any person who violates the provisions of sub­section (5) by giving a false age in any application for a driver's license or identification card is guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(7) The foregoing provisions of this section are in addition and supplemental to all other provisions of this chapter and of the laws of this state relating to driver's licenses and identification cards.

History.-s. 1, ch. 65-167; ss. 24, 35, ch. 69-106; s. 212, ch. 71-136; s. 24, ch. 73-334; s. 19, ch. 78-394; s. 1, ch. 84-91; s. 410, ch. 95-148.

322.22 Authority of department to cancel license. (1) The department is authorized to cancel any driv·

er's license, upon determining that the licensee was not entitled to the issuance thereof, or that the licensee failed to give the required or correct information in his or her application or committed any fraud in making such application, or that the licensee has two or more licenses on file with the department, each in a different name but bearing the photograph of the licensee. unless the licensee has complied with the requirements of this chapter in obtaining the licenses. The department may cancel any driver's license if the licensee fails to pay the correct fee or pays for the license or pays any adminis­trative, delinquency, or reinstatement fee by a dishon­ored check.

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Ch.322 DRIVERS' LICENSES F.S. 1995

(2) Upon such cancellation, the licensee must sur­render to the department the license so canceled.

Hlst!Hy.-s. 34, ch. 19551, 1939; CGL4151(648): s. 34, ch. 20451, 1941: s. 20, ch. 78-394; s. 42, ch. 89-282: s. 81, ch. 94-306; s. 936, ch. 95-148.

322.221 Department may require reexamination.­(1) The department, having good cause to believe

that a licensed driver is incompetent or otherwise not qualified to be licensed, may, at any time upon written notice of at least 5 days to the licensee, require him or her to submit to an examination or reexamination. Good cause as used herein shall be construed to mean that a licensee's driving record, a report as provided in s. 322.126, or other evidence is sufficient to indicate that his or her driving privilege is detrimental to public safety.

(2)(a) The department may require an examination or reexamination to determine the competence and driv­ing ability of any driver causing or contributing to the cause of any accident resulting in death, personal injury, or property damage.

(b) The department may, in its discretion, require any licensed driver to submit to an examination or reex­amination prior to his or her normal renewal date upon receipt of a recommendation from a court having juris­diction of traffic offenses, a law enforcement agency, or a physician stating that the driver's ability to operate a motor vehicle safely is questionable. At the time of renewal of his or her license a driver may be required to submit to an examination or reexamination at the discre­tion of the examiner if the physical appearance or actions of the licensee give rise to serious doubt as to his or her ability to operate a vehicle safely.

(c) If the department has reason to believe that a licensee is physically or mentally unqualified to operate a motor vehicle, it may require the licensee to submit medical reports regarding his or her physical or mental condition to the department's medical advisory board for its review and recommendation. The submission of medical reports shall be made without expense to the state.

(3) Upon the conclusion of such examination or reex­amination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such license, or may issue a license subject to restrictions as permit­ted under s. 322.16. Refusal or neglect of the licensee to submit to such examination or reexamination shall be ground for suspension or revocation of his or her license.

Hlstory.-ss. 1-3, ch. 28120, 1953; s. 1, ch. 59-443; ss. 24, 35, ch. 69-106; s. 1, ch. 70-366: s. 21, oh. 78-394; s. 43, ch. 89-282; s. 78, ch. 94-306; s. 937, ch. 95-146.

322.23 Suspending privileges of nonresidents and reporting convictions.-

(1) The privilege of driving a motor vehicle on the highways of this state, given to a nonresident, shall be subject to suspension or revocation by the department in the same manner and tor the same cause as a license issued by the department may be suspended or revoked.

(2) The department is authorized, upon receiving a record of the conviction in this state of a nonresident driver, of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to

the motor vehicle administrator in the state wherein the person so convicted is a resident.

History.-s. 35, ch. 19551, 1939: CGL 1940 Supp. 4151(649); s. 35, ch. 20451, 1941.

322.24 Suspending resident's license upon con­viction in another state.-The department is authorized to suspend or revoke the license of any resident of the state, upon receiving notice of the conviction of such person in another state or foreign country of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of his or her license.

History.-s. 36, ch. 19551. 1939; CGL 1940 Supp. 4151(650); s. 36, ch. 20451, 1941; s. 82, ch. 94-306: s. 938, ch. 95-148.

322.245 Suspension of license upon failure of per­son charged with specified offense under chapter 316, chapter 320, or this chapter to comply with directives ordered by traffic court or upon failure to pay child sup­port in non-IV-D cases as provided in chapter 61.-

(1) If a person who is charged with a violation of any of the criminal offenses enumerated in s. 316.655(4) or with the commission of any offense constituting a mis­demeanor under chapter 320 or this chapter fails to com­ply with all of the directives of the court within the time allotted by the court, the clerk of the traffic court shall mail to the person, at the address specified on the uni­form traffic citation, a notice of such failure, notifying him or her that, if he or she does not comply with the direc­tives of the court within 30 days after the date of the notice and pay a delinquency fee of $10 to the clerk, his or her driver's license will be suspended. The notice shall be mailed no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office.

(2) In non-IV-D cases, if a person fails to pay child support under chapter 61 and the obligee so requests, the depository or the clerk of the court shall mail to the person, at the last address of record as maintained by the local depository, the notice specified in s. 61. 13016 notifying him that if he does not comply with the require­ments of that section and pay a delinquency fee of $10 to the depository or the clerk, his driver's license and motor vehicle registration will be suspended. The delin­quency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office.

(3) If the person fails to comply with the directives of the court within the 30-day period, or, in non-IV-D cases, fails to comply with the requirements of s. 61.13016 within the 15-day period specified in that stat­ute, the depository or the clerk of the court shall notify the department of such failure within 5 days. Upon receipt of the notice, the department shall immediately suspend the driver's license of the person.

(4) After suspension of the driver's license of a per­son pursuant to this section, the license may not be rein­stated until the person complies with all court directives imposed upon him or her, including payment of the delinquency fee imposed by subsection (1), and pres­ents certification of such compliance to a driver licens­ing office and complies with the requirements of this chapter or, in the case of a license suspended for non-

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F.S. 1995 DRIVERS' LICENSES Ch. 322

payment of child support in non-IV-D cases, until the person complies with the reinstatement provisions of s. 322.058 and makes payment of the delinquency fee imposed by subsection (2).

History.-s. 20, ch. 84-359; s. 411, ch. 95-148; s. 9, ch. 95-222.

322.25 When court to forward license to depart­ment and report convictions; temporary reinstatement of driving privileges.-

(1) Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver's license of such person by the department, the court in which such conviction is had shall require the surrender to it of all driver's licenses then held by the person so convicted, and the court shall thereupon for­ward the same, together with a record of such convic­tion, to the department.

(2) Every court having jurisdiction over offenses committed under this chapter, or any other law of this state regulating the operation of motor vehicles on high­ways, shall forward to the department a record of the conviction of any person in said court for a violation of any said laws, and shall suspend or revoke in accord­ance with the provisions of this chapter the driver's license of the person so convicted.

(3) There shall be no notation made upon a license of either an arrest or warning until the holder of the license has been duly convicted or has forfeited bond.

(4) For the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a defendant's appear­ance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

(5) For the purpose of this chapter, the entrance of a plea of nolo contendere by the defendant to a charge of driving while intoxicated, driving under the influence, driving with an unlawful blood alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offenses specified in s. 316.193, accepted by the court and under which plea the court has entered a fine or sentence, whether in this state or any other state or country, shall be equivalent to a conviction.

(6) The report of a judicial disposition of an offense committed under this chapter or of any traffic violation, including parking on a roadway outside the limits of a municipality, or of a violation of any law of this state regu­lating the operation of motor vehicles on highways shall be made by the court to the department on a standard form prescribed by the department. In addition, the court shall so report to the department any conviction of a person for felony possession of a controlled sub­stance if such person was driving or in actual physical control of a motor vehicle at the time of such possession. The form shall be a copy of the uniform traffic citation and complaint as prescribed by s. 316.650 and shall include a place for the court to indicate clearly whether it recommends suspension or revocation of the offend­er's driving privilege. The report shall be signed by the judge or by facsimile signature. The clerks of the court may submit disposition data to the department in an automated fashion, in a form prescribed by the depart­ment.

(7) Any licensed driver convicted of driving, or being in the actual physical control of, a vehicle within this

state while under the influence of alcoholic beverages, any chemical substance set forth in s. 877 .111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, and whose license and driving privilege have been revoked as provided in subsection (1) may be issued a court order for reinstatement of a driving privi­lege on a temporary basis; provided that, as a part of the penalty, upon conviction, the defendant is required to enroll in and complete a driver improvement course for the rehabilitation of drinking drivers and the driver is oth­erwise eligible for reinstatement of the driving privilege as provided by s. 322.282. The court order for reinstate­ment shall be on a form provided by the department and must be taken by the person convicted to a Florida driv­er's license examining office, where a temporary driving permit may be issued. The period of time for which a temporary permit issued in accordance with this sub­section is valid shall be deemed to be part of the period of revocation imposed by the court.

History.-s. 37, ch. 19551, 1939; CGL 1940 Supp. 4151(651); s. 37, ch. 20451, 1941; s. 1, ch. 59-313; s. 3, ch. 61-457; s. 8, ch. 72-175; ss. 1, 3, ch. 74-248; s. 40, ch. 76-31; s. 1, ch. 77-119; s. 22, ch. 78-394; s. 2, ch. 79-99; s. 5, ch. 80-316; s. 2, ch. 81-118; s. 203, ch. 81-259; s. 5, ch. 86-296; s. 44, ch. 89-282; s. 412, ch. 95-148; s. 41, ch. 95-333.

322.2505 Court to forward license of person adju­dicated incapacitated to department.-Whenever a person is adjudicated to be mentally or physically inca­pacitated pursuant to s. 744.331, the court shall require such person to surrender to it all driver's licenses held by such person, and the court shall forward the same, together with a record of the adjudication, to the depart­ment.

History.-s. 1, ch. 78-204; s. 108, ch. 89-96; s. 45, ch. 89-282.

322.251 Notice of cancellation, suspension, revo­cation, or disqualification of license.-

( 1) All orders of cancellation, suspension, revoca­tion, or disqualification issued under the provisions of this chapter, chapter 318, chapter 324, or ss. 627 .732-627 .734 shall be given either by personal delivery thereof to the licensee whose license is being canceled, suspended, revoked, or disqualified or by deposit in the United States mail in an envelope, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department. Such mailing by the department constitutes notification, and any failure by the person to receive the mailed order will not affect or stay the effective date or term of the cancellation, suspension, revocation, or disqualification of the licensee's driving privilege.

(2) The giving of notice and an order of cancellation, suspension, revocation, or disqualification by mail is complete upon expiration of 20 days after deposit in the United States mail. Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqual­ification in either such manner shall be made by entry in the records of the department that such notice was given. Such entry shall be admissible in the courts of this state and shall constitute sufficient proof that such notice was given.

(3) Whenever the driving privilege is suspended, revoked, or disqualified under the provisions of this chapter, the period of such suspension, revocation, or

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Ch.322 DRIVERS' LICENSES F.S. 1995

disqualification shall be indicated on the order of sus­pension, revocation, or disqualification, and the depart­ment shall require the licensee whose driving privilege is suspended, revoked, or disqualified to surrender all licenses then held by him or her to the department. How­ever, should the person fail to surrender such licenses, the suspension, revocation, or disqualification period shall not expire until a period identical to the period for which the driving privilege was suspended, revoked, or disqualified has expired after the date of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department. In any instance where the suspension, revocation, or dis­qualification order is mailed as provided herein, and the license is not surrendered to the department, and such license thereafter expires, the department shall not renew that license until a period of time identical to the period of such suspension, revocation, or disqualifica­tion imposed has expired.

(4) A person whose privilege to operate a commer­cial motor vehicle is temporarily disqualified may, upon surrendering his or her commercial driver's license, be issued a Class Dor Class E driver's license, valid for the length of his or her unexpired commercial driver's license, at no cost. Such person may, upon the comple­tion of his or her disqualification, be issued a commercial driver's license, of the type disqualified, for the remain­der of his or her unexpired license period. Any such per­son shall pay the reinstatement fee provided in s. 322.12 before being issued a commercial driver's license.

(5) A person whose privilege to operate a commer­cial motor vehicle is permanently disqualified may, upon surrendering his or her commercial driver's license, be issued a Class D or Class E driver's license, if he or she is otherwise qualified to receive such license. Any such person shall be issued a Class Dor Class E license, valid for the remainder of his or her unexpired license period, at no cost.

(6) Whenever a cancellation, suspension, revoca­tion, or disqualification occurs, the department shall enter the cancellation, suspension, revocation, or dis­qualification order on the licensee's driver file 20 days after the notice was actually placed in the mail. Any inquiry into the file after the 20-day period shall reveal that the license is canceled, suspended, revoked, or dis­qualified and whether the license has been received by the department.

History.-s. 5, ch. 59-278; ss. 24, 35, ch. 69-106; s. 1, ch. 78-37; s. 1, ch. 80-158; s. 1, ch. 82-20; s. 561, ch. 82-243; s. 1, ch. 84-265; s. 20, ch. 89-282; s. 413, ch. 95-148.

322.26 Mandatory revocation of license by depart­ment. - The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person's conviction of any of the follow­ing offenses:

(1) Manslaughter resulting from the operation of a motor vehicle.

(2) Driving a motor vehicle or being in actual physi­cal control thereof, or entering a plea of nolo contendere, said plea being accepted by the court and said court entering a fine or sentence to a charge of driving, while under the influence of alcoholic beverages or a sub­stance controlled under chapter 893, or being in actual

physical control of a motor vehicle while under the influ­ence of alcoholic beverages or a substance controlled under chapter 893.

(3) Any felony in the commission of which a motor vehicle is used.

(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle acci­dent resulting in the death or personal injury of another.

(5) Perjury or the making of a false affidavit or state­ment under oath to the department under this law, or under any other law relating to the ownership or opera­tion of motor vehicles.

(6) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(7) Any violation of the law against lewdness, assig­nation, and prostitution where such violation has been effected through the use of a motor vehicle.

(8) Conviction in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee's driving privilege.

History.-s. 38, ch. 19551, 1939; CGL 1940 Supp. 4151(652); s. 38, ch. 20451, 1941; s. 1, ch. 21764, 1943; s. 4, ch. 61-457; s. 2, ch. 65-124; s. 20, ch. 73-331; s. 1, ch. 77-119; s. 2, ch. 78-204; s. 46, ch. 89-282.

322.2615 Suspension of license; right to review.­(1 )(a) A law enforcement officer or correctional offi­

cer shall, on behalf of the department, suspend the driv­ing privilege of a person who has been arrested by a law enforcement officer for a violation of s. 316.193, relating to unlawful blood alcohol level, or of a person who has refused to submit to a breath, urine, or blood test author­ized by s. 316.1932. The officer shall take the person's driver's license and issue the person a 30-day tempo­rary permit if the person is otherwise eligible for the driv­ing privilege and shall issue the person a notice of sus­pension. If a blood test has been administered, the results of which are not available to the officer at the time of the arrest, the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then deter­mines that the person was arrested for a violation of s. 316.193 and that the person had a blood alcohol level of 0.08 or higher, the department shall suspend the per­son's driver's license pursuant to subsection (3).

(b) The suspension under paragraph (a) shall be pur­suant to, and the notice of suspension shall inform the driver of, the following:

1.a. The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is sus­pended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test; or

b. The driver violated s. 316.193 by driving with an unlawful blood alcohol level as provided in that section and his or her driving privilege is suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously sus­pended for a violation of s. 316. 193.

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F.S. 1995 DRIVERS' LICENSES Ch.322

2. The suspension period shall commence on the date of arrest or issuance of the notice of suspension, whichever is later.

3. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of arrest or issuance of the notice of suspension, whichever is later.

4. The temporary permit issued at the time of arrest will expire at midnight of the 30th day following the date of arrest or issuance of the notice of suspension, which­ever is later.

5. The driver may submit to the department any materials relevant to the arrest.

(2) Except as provided in paragraph (1 )(a), the law enforcement officer shall forward to the department, within 5 days after the date of the arrest, a copy of the notice of suspension, the driver's license of the person arrested, and a report of the arrest, including an affidavit stating the officer's grounds for belief that the person arrested was in violation of s. 316.193; the results of any breath or blood test or an affidavit stating that a breath, blood, or urine test was requested by a law enforcement officer or correctional officer and that the person arrested refused to submit; a copy of the citation issued to the person arrested; and the officer's description of the person's field sobriety test, if any. The failure of the officer to submit materials within the 5-day period speci­fied in this subsection and in subsection (1) shall not affect the department's ability to consider any evidence submitted at or prior to the hearing. The officer may also submit a copy of a videotape of the field sobriety test or the attempt to administer such test.

(3) If the department determines that the license of the person arrested should be suspended pursuant to this section and if the notice of suspension has not already been served upon the person by a law enforce­ment officer or correctional officer as provided in sub­section (1 ), the department shall issue a notice of sus­pension and, unless the notice is mailed pursuant to s. 322.251, a temporary permit which expires 30 days after the date of issuance if the driver is otherwise eligible.

(4) If the person arrested requests an informal review pursuant to subparagraph (1)(b)3., the depart­ment shall conduct the informal review by a hearing offi­cer employed by the department. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforce­ment officer or correctional officer and by the person arrested, and the presence of an officer or witness is not required.

(5) After completion of the informal review, notice of the department's decision sustaining, amending, or invalidating the suspension of the driver's license of the person arrested must be provided to such person. Such notice must be mailed to the person at the last known address shown on the department's records, or to the address provided in the law enforcement officer's report if such address differs from the address of record, within 21 days after the expiration of the temporary permit issued pursuant to subsection (1) or subsection (3).

(6)(a) If the person arrested requests a formal review, the department must schedule a hearing to be held within 30 days after such request is received by the

department and must notify the person of the date, time, and place of the hearing.

(b) Such formal review hearing shall be held before a hearing officer employed by the department, and the hearing officer shall be authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing, and make a ruling on the sus­pension. The department and the person arrested may subpoena witnesses, and the party requesting the pres­ence of a witness shall be responsible for the payment of any witness fees and for notifying in writing the state attorney's office in the appropriate circuit of the issu­ance of the subpoena. If the person who requests a for­mal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the department shall con­duct an informal review of the suspension under subsec­tion (4).

(c) A party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the per­son failing to comply with the subpoena resides. A fail­ure to comply with an order of the court shall result in a finding of contempt of court. However, a person shall not be in contempt while a subpoena is being chal­lenged.

(d) The department must, within 7 days after a for­mal review hearing, send notice to the person of the hearing officer's decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension.

(7) In a formal review hearing under subsection (6) or an informal review hearing under subsection (4), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues:

(a) If the license was suspended for driving with an unlawful blood alcohol level in violation of s. 316.193:

1. Whether the arresting law enforcement officer had probable cause to believe that the person was driv­ing or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or controlled substances.

2. Whether the person was placed under lawful arrest for a violation of s. 316.193.

3. Whether the person had an unlawful blood alco-hol level as provided ins. 316.193.

(b) If the license was suspended for refusal to sub­mit to a breath, blood, or urine test:

1. Whether the arresting law enforcement officer had probable cause to believe that the person was driv­ing or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or controlled substances.

2. Whether the person was placed under lawful arrest for a violation of s. 316.193.

3. Whether the person refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.

4. Whether the person was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a

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Ch.322 DRIVERS' LICENSES F.S. 1995

period of 1 year or, in the case of a second or subse­quent refusal, for a period of 18 months.

(8) Based on the determination of the hearing officer pursuant to subsection (7) for both informal hearings under subsection (4) and formal hearings under subsec­tion (6). the department shall:

(a) Sustain the suspension of the person's driving privilege for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such per­son has been previously suspended as a result of a refusal to submit to such tests, if the arrested person refused to submit to a lawful breath, blood, or urine test. The suspension period commences on the date of the arrest or issuance of the notice of suspension, which­ever is later.

(b) Sustain the suspension of the person's driving privilege for a period of 6 months for a violation of s. 316.193, or for a period of 1 year if the driving privilege of such person has been previously suspended as a result of a violation of s. 316.193. The suspension period commences on the date of the arrest or issuance of the notice of suspension, whichever is later.

(9) A request for a formal review hearing or an infor­mal review hearing shall not stay the suspension of the person's driver's license. If the department fails to schedule the formal review hearing to be held within 30 days after receipt of the request therefor, the depart­ment shall invalidate the suspension. If the scheduled hearing is continued at the department's initiative, the department shall issue a temporary driving permit which shall be valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit shall not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only.

(10) A person whose driver's license is suspended under subsection (1) or subsection (3) may apply for issuance of a license for business or employment pur­poses only if the person is otherwise eligible for the driv­ing privilege pursuant to s. 322.271.

(a) If the suspension of the driver's license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pur­suant to s. 322.271, until 90 days have elapsed after the expiration of the 30-day temporary permit issued pursu­ant to this section or s. 322.64. If the driver is not issued a 30-day permit pursuant to this section or s. 322.64 because he is ineligible for the permit and the suspen­sion for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eli­gible to receive a business or employment license pur­suant to s. 322.271 until 90 days have elapsed from the date of the suspension.

(b) If the suspension of the driver's license of the person arrested for a violation of s. 316.193, relating to unlawful blood alcohol level, is sustained, the person is not eligible to receive a license for business or employ­ment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the 30-day tempo­rary permit issued pursuant to this section or s. 322.64. If the driver is not issued a 30-day permit pursuant to

this section or s. 322.64 because he is ineligible for the permit and the suspension for a violation of s. 316.193, relating to unlawful blood alcohol level, is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 30 days have elapsed from the date of the arrest.

(11) The formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breath test or blood test or the refusal to take either test. However, as provided in sub­section (6), the driver may subpoena the officer or any person who administered or analyzed a breath or blood test.

(12) The formal review hearing and the informal review hearing are exempt from the provisions of chap­ter 120. The department is authorized to adopt rules for the conduct of reviews under this section.

(13) A person may appeal any decision of the depart­ment sustaining a suspension of his or her driver's license by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pur­suant to s. 322.31. However, an appeal shall not stay the suspension. This subsection shall not be construed to provide for a de novo appeal.

(14) The decision of the department under this sec­tion shall not be considered in any trial for a violation of s. 316.193, nor shall any written statement submitted by a person in his or her request for departmental review under this section be admissible into evidence against him or her in any such trial. The disposition of any related criminal proceedings shall not affect a suspension imposed pursuant to this section.

Hiatory.-s. 1, ch. 69-525; s. 4, ch. 90-329; s. 20, ch. 91-255; s. 5, ch. 93-124; s. 414, ch. 95-148; s. 2, ch. 95-166.

322.263 Legislative intent.-lt is declared to be the legislative intent to:

(1) Provide maximum safety for all persons who travel or otherwise use the public highways of the state.

(2) Deny the privilege of operating motor vehicles on public highways to persons who, by their conduct and record, have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state and the orders of the state courts and administrative agencies.

(3) Discourage repetition of criminal action by indi­viduals against the peace and dignity of the state, its political subdivisions, and its municipalities and impose increased and added deprivation of the privilege of operating motor vehicles upon habitual offenders who have been convicted repeatedly of violations of traffic laws.

History.-s. 1, ch. 72-175.

1322.264 "Habitual traffic offender" defined.-A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumu­lated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

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F.S.1995 DRIVERS' LICENSES Ch. 322

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) Any violation of s. 316. 193, formers. 316.1931, or former s. 860.01;

(c) Any felony in the commission of which a motor vehicle is used;

(d) Driving a motor vehicle while his 2or her license is suspended or revoked;

(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle acci­dent resulting in the death or personal injury of another; or

(f) Driving a commercial motor vehicle while his 2or her privilege is disqualified.

(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth ins. 322.27, including those offenses in subsection (1).

Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.

Hiatory.-s. 2, ch. 72-175; s. 21, ch 73-331; s. 4, ch. 74-384; s. 8, ch. 84-359; s. 21, ch. 86-296; s. 21. ch. 89-282; ss. 11, 21, ch. 91-255.

1Note.-A. Section 21, ch. 91-255, incorrectly purports to amends. 322.264, Florida Stat·

utes, 1990 Supplement, which does not exist; it amends the language of s. 322.264 without incorporating the language as amended by s. 21. ch. 89-282.

B As amended bys. 21, ch. 89-282, effective April 1, 1991, and as amended bys. 21. ch. 91-255, effective July 1, 1991. The section as published gives full effect to both amendments. As amended by s. 21, ch. 91-255, only, s. 322.264 reads:

322.264 "Habitual trafllc offender" defined.-A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:

(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:

(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;

(b) Any violation of s. 316.193, formers. 316.1931, or formers. 860.01; (c) Any felony in the commission of which a motor vehicle is used; (d) Driving a motor vehicle while operator's license is suspended or revoked; or (e) Failing to stop and render aid as required under the laws of this state in the

event of a motor vehicle accident resulting in the death or personal injury of another. (2) Fifteen convictions for moving traffic offenses ror which points may be

assessed as set forth in s. 322.27, including those offenses in subsection (1).

Any violation of any federal law. any law of another stale or country, or any valid ordi­nance of a municipality or county of another stale similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, al! convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after thal date. The fact that previous convictions may have resulted fn suspension or revocation under another section does not exempt them from being used for sus· pension or revocation under this section as a habitual offender.

•Note.-The words "or her" were inserted by the editors.

322.27 Authority of department to suspend or revoke license.-

(1) Notwithstanding any provisions to the contrary in chapter 120, the department is hereby authorized to suspend the license of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction; or

(b) Has been convicted of a violation of any traffic law which resulted in an accident that caused the death or personal injury of another or property damage in excess of $500; or

(c) Is incompetent to drive a motor vehicle; or (d) Has permitted an unlawful or fraudulent use of

such license or has knowingly been a party to the obtain· ing of a license by fraud or misrepresentation or to dis­play, or represent as one's own, any driver's license not issued him or her. Provided, however, no provision of this section shall be construed to include the provisions of s. 322.32(1 ); or

(e) Has committed an offense in another state which if committed in this state would be grounds for suspen­sion or revocation; or

(f) Has committed a second or subsequent violation of s. 316.172(1) within a 5-year period of any previous violation.

(2) The department shall suspend the license of any person without preliminary hearing upon a showing of its records that the licensee has been convicted in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seri­ousness of the offense and the circumstances surround· ing the conviction warrant the suspension of the licens­ee's driving privilege.

(3) There is established a point system for evalua­tion of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(5)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been con­victed of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(5)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year.

(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, includ­ing points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspen­sion shall be for a period of not more than 3 months.

(c) When a licensee accumulates 24 points, includ· ing points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year.

(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton-4 points. 2. Leaving the scene of an accident resulting in

property damage of more than $50-6 points. 3. Unlawful speed resulting in an accident-6

points.

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Ch. 322 DRIVERS' LICENSES F.S.1995

4. Passing a stopped school bus-4 points. 5. Unlawful speed: a. Not in excess of 15 miles per hour of lawful or

posted speed-3 points. b. In excess of 15 miles per hour of lawful or posted

speed-4 points. 6. Improper equipment or the operation of a motor

vehicle which is in an unsafe condition pursuant to s. 316.610-2 points; except that when the operator cor­rects the defect within 10 days from the date upon which the traffic citation was issued-0 points. The pro­visions of this subparagraph shall not apply to violations of s. 316.610 by a commercial motor vehicle as defined in s. 316.003(66) or by transit buses owned and oper­ated by a governmental entity.

7. All other moving violations {including parking on a highway outside the limits of a municipality)-3 points. However, no points shall be imposed for a violation of s. 316.2065(12) ors. 316.0741.

8. Any moving violation covered above, excluding unlawful speed, resulting in an accident-4 points.

9. Any conviction under s. 403.413{5)(b)-3 points. 10. Any violation under s. 316.613-3 points. (e) A conviction in another state of a violation therein

which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state.

(f) In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advis­ing that any further convictions may result in suspension of his or her driving privilege.

{g) The department shall administer and enforce the provisions of this law and may make rules and regula­tions necessary for its administration.

(h) Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter.

(i) This subsection shall not apply to persons oper­ating a nonmotorized vehicle for which a driver's license is not required.

(4) The department, in computing the points and period of time for suspensions under this section, shall use the offense date of all convictions.

(5) The department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264, and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of rev­ocation, except as provided for ins. 322.271. Any person whose license is revoked may, by petition to the depart­ment, show cause why his or her license should not be revoked.

(6) The department shall revoke the driving privilege of any person who is convicted of a felony for the pos­session of a controlled substance if, at the time of such possession, the person was driving or in actual physical control of a motor vehicle. A person whose driving privi-

lege has been revoked pursuant to this subsection shall not be eligible to receive a limited business or employ­ment purpose license during the term of such revoca­tion.

(7) Review of an order of suspension or revocation shall be by writ of certiorari as provided in s. 322.31.

History.~s. 39, ch. 19551. 1939; CGL 1940 Supp. 4151(653); s. 39, ch. 20451, 1941; s. 7, ch. 22858, 1945; ss. 1. 2, ch. 57-756; s. 1, ch. 57-759; s. 1. ch. 59-278; s. 1, ch. 61--42; s. 1, ch. 61-53; s. 1, ch. 65-175; s. 1, ch. 67-86; s. 26, ch. 69-353: ss. 24, 35. ch. 69-106; s. 1. ch. 70-115; s. 3, ch. 72-175; s. 1, ch. 74-36; s. 5, ch. 74-384; s. 5, ch. 76-153; s. 1, ch. 77-119; s 20, ch. 78-95; s. 3, ch. 78-204; s. 1, ch. 78-226; SS. 23, 27, ch. 78-394; s. 2, Ch. 81-3; s. 3, ch. 81-118; s. 2, ch. 65-184; s. 7, ch. 85-309: s. 4, ch. 86-260; s. 3, ch. 87-167; s. 6, ch. 88-50; s. 57. ch. 88-130; s .. 47, ch. 89-282; s. 4, ch. 91-136; s. 22, ch. 93-164; s. 83, ch. 94-306; s. 939, ch. 95-148: s. 29, ch. 95-257.

322.271 Authority to modify revocation, cancella­tion, or suspension order.-

(1)(a) Upon the suspension, cancellation, or revoca­tion of the driver's license of any person as authorized or required in this chapter, except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or a person who is ineligible to be granted the privilege of driving on a limited or restricted basis under subsection (2), the department shall immediately notify the licensee and, upon his or her request, shall afford him or her an opportunity for a hearing pursuant to chap­ter 120, as early as practicable within not more than 30 days after receipt of such request, in the county wherein the licensee resides, unless the department and the licensee agree that such hearing may be held .in some other county.

(b) A person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from the date of such revocation, petition the department for restoration of his or her driving privilege. Upon such petition and after investigation of the per­son's qualification, fitness, and need to drive, the department shall hold a hearing pursuant to chapter 120 to determine whether the driving privilege shall be restored on a restricted basis solely for business or employment purposes.

(c) For the purposes of this section, a driving privi· lege restricted to business purposes only shall mean any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. A driving privilege restricted to employment purposes only shall mean driving to and from work and any necessary on-the-job driving required by an employer or occupation. No driving for any purpose other than as provided by this paragraph is permitted pursuant to a driving privilege restricted to employment or business purposes.

{2)(a) Upon such hearing, the person whose license has been suspended, canceled, or revoked may show that such suspension, cancellation, or revocation of his or her license causes a serious hardship and precludes the person's carrying out his or her normal business occupation, trade, or employment and that the use of the person's license in the normal course of his or her business is necessary to the proper support of the per­son or his or her family. Except as otherwise provided in this subsection, the department shall require proof of the successful completion of an approved driver training or substance abuse education cpurse and may require

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F.S. 1995 DRIVERS' LICENSES Ch.322

letters of recommendation from respected businesspersons in the community, law enforcement officers, or judicial officers in determining whether such person should be permitted to operate a motor vehicle on a restricted basis for business or employment use only and in determining whether such person can be trusted to so operate a motor vehicle. If a driver's license has been suspended under the point system or pursu­ant to s. 322.2615, the department shall require proof of enrollment in an approved driver training course or sub­stance abuse education course, and may require the let­ters of recommendation described in this subsection to determine it the driver should be reinstated on a restricted basis; if such person fails to complete the approved course within 90 days after reinstatement, the department shall cancel his or her driver's license until the course is successfully completed. The privilege of driving on a limited or restricted basis for business or employment use shall not be granted to a person who has been convicted of a violation of s. 316.193 until com­pletion of such education or training course. Except as provided in paragraph (b), the privilege of driving on a limited or restricted basis for business or employment use shall not be granted to a person whose license is revoked pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and who has been convicted of a violation of s. 316.193 two or more times or whose license has been suspended two or more times for refusal to submit to a test pursuant to s. 322.2615 or former s. 322.261.

(b) A person whose license has been revoked for a period of 5 years or less pursuant to s. 322.28(2)(a) may, upon the expiration of 12 months after the date said rev­ocation was imposed, petition the department for rein­statement of his or her driving privilege on a restricted basis. A person whose license has been revoked for a period of more than 5 years under s. 322.28(2)(a) may, upon the expiration of 24 months after the date the revo­cation was imposed, petition the department for rein­statement of his or her driving privilege on a restricted basis. Reinstatement of the driving privilege pursuant to this subsection shall be restricted to business or employment purposes only. In addition, the department shall require such persons upon reinstatement to have not driven and to have been drug free for at least 12 months immediately prior to such reinstatement, to be supervised by a DUI program licensed by the depart­ment, and to report to the program at least three times a year as required by the program for the duration of the revocation period for supervision. Such supervision shall include evaluation, education, referral into treatment, and other activities required by the department. Such persons shall assume reasonable costs of supervision. If such person fails to comply with the required supervi· sion, the program shall report the failure to the depart­ment, and the department shall cancel such person's driving privilege. This paragraph does not apply to any person whose driving privilege has been permanently revoked.

(c) For the purpose of this section, a previous con­viction of driving under the influence, driving while intoxi­cated, driving with an unlawful blood alcohol level, or any other similar alcohol-related or drug-related offense outside this state or a previous conviction of former s.

921

316.1931, formers. 316.028, or formers. 860.01 shall be considered a previous conviction for violation of s. 316.193.

(d) The department, based upon review of the licensee's application for reinstatement, may require use of an ignition interlock device pursuant to s. 316.1937.

(3) Upon such hearing, the department shall either suspend, affirm, or modify its order and may restore to the licensee the privilege of driving on a limited or restricted basis for business or employment use only.

(4) Notwithstanding the provisions of s. 322.28(2)(e), a person whose driving privilege has been permanently revoked because he or she has been convicted four times of violating s. 316.193 or formers. 316.1931 or because he or she has been convicted of manslaughter resulting from the operation of a motor vehicle or vehicu­lar homicide and has been convicted of violating s. 316.193 or formers. 316.1931, may, upon the expiration of 5 years after the date of such revocation, petition the department for reinstatement of his or her driving privi­lege.

(a) Within 30 days after the receipt of such a peti­tion, the department shall afford the petitioner an oppor­tunity for a hearing. At the hearing, the petitioner must demonstrate to the department that he or she:

1. Has not been arrested for a drug-related offense during the 5 years 1preceding the filing of the petition;

2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;

3. Has been drug-free for at least 5 years prior to the hearing; and

4. Has completed a DUI program licensed by the department.

(b) At such hearing, the department shall determine the petitioner's qualification, fitness, and need to drive. Upon such determination, the department may, in its discretion, reinstate the driver's license of the petitioner. Such reinstatement must be made subject to the follow­ing qualifications:

1. The license must be restricted for employment purposes for not less than 1 year; and

2. Such person must be supervised by a DUI pro-gram licensed by the department and report to the pro­gram for such supervision and education at least four times a year or additionally as required by the program for the remainder of the revocation period. Such supervi­sion shall include evaluation, education, referral into treatment, and other activities required by the depart­ment.

(c) Such person must assume the reasonable costs of supervision. If such person fails to comply with the required supervision, the program shall report the failure to the department, and the department shall cancel such person's driving privilege.

(d) If, after reinstatement, such person is convicted of an offense for which mandatory revocation of his or her license is required, the department shall revoke his or her driving privilege.

(e) The department shall adopt rules regulating the providing of services by DUI programs pursuant to this section.

(5) A person may not be issued a commercial driv­er's license during a period in which such person is dis-

Ch. 322 DRIVERS' LICENSES F.S.1995

qualified from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or canceled.

Hlstory.-s. 6, ch. 59-278; s. 4, ch. 72-175; s. 6, ch. 74-384; s. 1. ch. 77-174; s. 20, ch. 78-95; s. 8, ch. 82-155; s. 9, ch. 84-359; s. 7, ch. 86-296; s. 2, ch. 89-525; s. 1, ch. 90-102; s. 3. ch. 00-253; ss. 11, 22, ch. 91-255; s. 5, ch. 93-246; s. 84, ch. 94-306; s. 940, ch. 95-148; s. 9, ch. 95-326; s. 42, ch. 95-333. 'Note.-The word "preceding" was subsmuted for the word "proceeding" by the

editors to conform to context.

322.272 Supersedeas.-The filing of a petition for certiorari to the circuit court does not itself stay the enforcement of the suspension, revocation, or cancella­tion of license. The department may order a stay of enforcement upon appropriate terms and conditions.

History.-s. 7, ch. 59-278; s. 5. ch. 61-457; s. 2, ch. 7fH53.

322.273 Penalty.-The penalty for violation of the terms or conditions of a license so restricted by the department shall be the same as the penalty for driving while such license is revoked, canceled or suspended.

Hiatory.-s. 8, ch. 59-278; ss. 24, 35, ch. 69-106.

322.274 Automatic revocation of driver's license. (1) The driver's license of any person convicted

hereunder of theft of any motor vehicle or parts or com­ponents of a motor vehicle shall be revoked. If such revo­cation shall not be ordered by the court, the Department of Highway Safety and Motor Vehicles shall forthwith revoke the same. The department shall not consider the convicted person's application for reinstatement of such revoked license until the expiration of the full term of the sentence imposed, whether served during actual impris­onment, probation, parole, or suspension.

(2) It shall be grounds for the revocation of any per­son's parole or probation if he or she operates a motor vehicle while his or her license is revoked pursuant to this chapter. However, it shall be within the discretion of the trial judge who imposes sentence upon the per­son convicted hereunder to direct the reinstatement of the person's driver's license on a limited basis after a reasonable time.

Hiatory.-s. 1, ch. 70-19; s. 1, ch. 70-439; s. 4, ch. 71-342; s. 65, ch. 74-383; s. 415, ch. 95-148.

Nole.-Former s. 814.05.

322.28 Period of suspension or revocation.-(1) Unless otherwise provided by this section, the

department shall not suspend a license for a period of more than 1 year and, upon revoking a license, in any case except in a prosecution for the offense of driving a motor vehicle while under the influence of alcoholic beverages, chemical substances as set forth in s. 877.111, or controlled substances, shall not in any event grant a new license until the expiration of 1 year after such revocation.

(2) In a prosecution for a violation of s. 316.193 or for­mer s. 316.1931, the following provisions apply:

(a) Upon conviction of the driver, the court, along with imposing sentence, shall revoke the driver's license or driving privilege of the person so convicted and shall prescribe the period of such revocation in accordance with the following provisions:

1. Upon a first conviction for a violation of the provi­sions of s. 316.193, except a violation resulting in death, the driver's license or driving privilege shall be revoked for not less than 180 days or more than 1 year.

2. Upon a second conviction within a period of 5 years from the date of a prior conviction for a violation of the provisions of s. 316.193 or formers. 316.1931 or a combination of such sections, the driver's license or driving privilege shall be revoked for not less than 5 years.

3. Upon a third conviction within a period of 10 years from the date of conviction of the first of three or more convictions for the violation of the provisions of s. 316.193 or formers. 316.1931 or a combination of such sections, the driver's license or driving privilege shall be revoked for not less than 10 years.

For the purposes of this paragraph, a previous convic­tion outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood alcohol level, or any other alcohol-related or drug­related traffic offense similar to the offense of driving under the influence as proscribed bys. 316.193 will be considered a previous. conviction for violation of s. 316. 193, and a conviction for violation of former s. 316.028, formers. 316.1931, or formers. 860.01 is con­sidered a conviction for violation of s. 316. 193.

(b) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, the department shall forthwith revoke the driver's license or driving privilege for the maximum period applicable under paragraph (a) for a first convic­tion and for the minimum period applicable under para­graph (a) for any subsequent convictions. The driver may, within 30 days of such revocation by the depart­ment, petition the court for further hearing on the period of revocation. and the court shall be authorized in such case, at its discretion, to reopen the case and to deter­mine the period of revocation within the limits specified in paragraph (a).

(c) The forfeiture of bail bond, not vacated within 20 days, in any prosecution for the offense of driving while under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent of depriving the defendant of his or her normal faculties shall be deemed equivalent to a conviction for the pur­poses of this paragraph, and the department shall forth­with revoke the defendant's driver's license or driving privil.ege for the maximum period applicable under para­graph (a) for a first conviction and for the minimum period applicable under paragraph (a) for a second or subsequent conviction; however, if the defendant is later convicted of the charge, the period of revocation imposed by the department for such conviction shall not exceed the difference between the applicable maximum for a first conviction or minimum for a second or subse­quent conviction and the revocation period under this subsection that has actually elapsed; upon conviction of such charge, the court may impose revocation for a period of time as specified in paragraph (a). This para­graph does not apply if an appropriate motion contest­ing the forfeiture is filed within the 20-day period.

(d) When any driver's license or driving privilege has been revoked pursuant to the provisions of this section, the department shall not grant a new license, except upon reexamination of the licensee after the expiration of the period of revocation so prescribed. However, the

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F.S. 1995 DRIVERS' LICENSES Ch. 322

court may, in its sound discretion, issue an order of rein­statement on a form furnished by the department which the person may take to any driver's license examining office for reinstatement by the department pursuant to s. 322.282.

(e) The court shall permanently revoke the driver's license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections or a per­son who has been convicted of manslaughter resulting from the operation of a motor vehicle or vehicular homi­cide and who has been convicted of a violation of s. 316.193 or formers. 316.1931. If the court has not per­manently revoked such license or privilege within 30 days after imposing sentence, the department shall per­manently revoke the license or privilege pursuant to this paragraph. No driver's license or driving privilege may be issued or granted to any such person. This para­graph applies only if at least one of the convictions for violation of s. 316.193 or formers. 316.1931 was for a vio­lation that occurred after July 1, 1982. For the purposes of this paragraph, a conviction for violation of former s. 316.028, formers. 316.1931, or formers. 860.01 is also considered a conviction for violation of s. 316.193. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood alcohol level, or any other similar alcohol-related or drug-related traf­fic offense outside this state is considered a conviction for the purposes of this paragraph.

(3) Upon the conviction of a person for a violation of s. 322.34, the license or driving privilege, if suspended, shall be suspended for 3 months in addition to the period of suspension previously imposed and, if revoked, the time after which a new license may be issued shall be delayed 3 months.

(4) If, in any case arising under this section, a licensee, after having been given notice of suspension or revocation of his or her license in the manner provided in s. 322.251, fails to surrender to the department a license theretofore suspended or revoked, as required bys. 322.29, or fails otherwise to account for the license to the satisfaction of the department, the period of sus­pension of the license, or the period required to elapse after revocation before a new license may be issued, shall be extended until, and shall not expire until, a period has elapsed after the date of surrender of the license, or after the date of expiration of the license, whichever occurs first, which is identical in length with the original period of suspension or revocation.

(5)(a) Upon a conviction for a violation of s. 316.193(3), a conviction of manslaughter resulting from the operation of a motor vehicle, or a conviction of vehic­ular homicide, the court shall revoke the driver's license of the person convicted for a minimum period of 3 years if death to any other person resulted from the operation of a motor vehicle by such driver.

(b) If the period of revocation was not specified by the court at the time of imposing sentence or within 30 days thereafter, the department shall revoke the driver's license for the minimum period applicable under para­graph (a) or, for a subsequent conviction, for the mini­mum period applicable under paragraph (2)(a) or para­graph (2)(e).

(6) No administrative suspension of a driving privi­lege under s. 322.2615 shall be stayed upon a request for review of the departmental order that resulted in such suspension and, except as provided in former s. 322.261, no suspension or revocation of a driving privi­lege shall be stayed upon an appeal of the conviction or order that resulted therein.

(7) In a prosecution for a violation of s. 316.172(1), and upon a showing of the department's records that the licensee has received a second conviction within a period of 5 years from the date of a prior conviction of s. 316.172(1 ), the department shall, upon direction of the court, suspend the driver's license of the person con­victed for a period of not less than 90 days nor more than 6 months.

History.-s. 40, ch. 19551, 1939; CGL 1940 Supp. 4151(654); s. 40, ch. 20451, 1941; s. 2, ch. 59-95; ss. 24. 35. ch. 69-106; s. 5, ch. 72-175; s. 94, ch. 73-333; ss. 2, 3, ch. 74-248; s. 7, ch. 74-384; s. 1, ch. 75-113; s. 43, ch. 76-31; s. 3, ch. 76-153; s. 1, ch. 77-174; s. 20. ch.80-290; s. 9, ch. 82-155; s. 4, ch. 82-403; s. 9, ch. 83-228; s. 10, ch.84-359; s. 8, ch.86-296;s. 4, ch. 87-167;s.3,ch.69-525; s. 31, ch. 91-221; s. 2, ch. 91-243; ss. 11, 24, ch. 91-255; s. 416, ch. 95-148.

322.282 Procedure when court revokes or sus· pends license or driving privilege and orders reinstate· ment.-When a court suspends or revokes a person's license or driving privilege and, in its discretion, orders reinstatement as provided by s. 322.28(2)(d) or former s. 322.261(5):

(1) The court shall pick up all revoked or suspended driver's licenses from the person and immediately for­ward them to the department. together with a record of such conviction. The clerk of such court shall also main­tain a list of all revocations or suspensions by the court.

(2)(a) The court shall issue an order of reinstate­ment, on a form to be furnished by the department, which the person may take to any driver's license exam­ining office. The department shall issue a temporary driver's permit to a licensee who presents the court's order of reinstatement, proof of completion of a depart­ment-approved driver training or substance abuse edu­cation course, and a written request for a hearing under s. 322.271. The permit shall not be issued if a record check by the department shows that the person has previously been convicted for a violation of s. 316.193, formers. 316.1931, formers. 316.028, formers. 860.01, or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood alcohol level, or any similar alco­hol-related or drug-related traffic offense; that the per­son's driving privilege has been previously suspended for refusal to submit to a lawful test of breath, blood, or urine; or that the person is otherwise not entitled to issu­ance of a driver's license. This paragraph shall not be construed to prevent the reinstatement of a license or driving privilege that is presently suspended for driving with an unlawful blood alcohol level or a refusal to submit to a breath, urine, or blood test and is also revoked for a conviction for a violation of s. 316.193 or former s. 316.1931, if the suspension and revocation arise out of the same incident.

(b) The temporary driver's permit shall be restricted to either business or employment purposes described in s. 322.271, as determined by the department, and shall not be used tor pleasure, recreational, or nonessen­tial driving.

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Ch.322 DRIVERS' LICENSES F.S.1995

(c) If the department determines at a later date from its records that the applicant has previously been con­victed of an offense referred to in paragraph (a) which would render him or her ineligible for reinstatement, the department shall cancel the temporary driver's permit and shall issue a revocation or suspension order for the minimum period applicable. A temporary permit issued pursuant to this section shall be valid for 45 days or until canceled as provided in this paragraph.

(d) The period of time for which a temporary permit issued in accordance with paragraph (a) is valid shall be deemed to be part of the period of revocation imposed by the court.

History.-s. 9, ch. 74-384; s. 2, ch. 75-113; s. 1, ch. 77-174; s. 24, ch. 78-394; s. 24, ch. 83-215: s. 11, ch. 84-359; s. 9. ch. 86-296; s. 4. ch. 89-525; ss. 11, 23, ch. 91-255: s. 417, ch. 95-148.

322.29 Surrender and return of license.-(1) The department, upon suspending or revoking a

license, shall require that such license be surrendered to the department. At the end of the period of suspen­sion, such license so surrendered shall be returned, or a duplicate license issued, to the licensee after the appli­cant has successfully passed the vision, sign, and traffic law examinations. In addition, pursuant to s. 322.221, the department may require the licensee to successfully complete a driving examination. The department is pro­hibited from requiring the surrender of a license except as authorized by this chapter.

(2) The provisions of subsection (1) to the contrary notwithstanding, no examination is required for the return of a license suspended under s. 318.15 or s. 322.245 unless an examination is otherwise required by this chapter. Every person applying for the return of a license suspended under s. 318.15 or s. 322.245 shall present to the department certification from the court that he or she has complied with all obligations and pen­alties imposed on him or her pursuant to s. 318.15 or, in the case of a suspension pursuant to s. 322.245, that he or she has complied with all directives of the court and the requirements of s. 322.245 and shall pay to the department a nonrefundable service fee of $25. How­ever, the service fee is not required if the person is required to pay a $25 fee or $50 fee under the provisions of s. 322.12(2).

Hlstory.-s. 41, ch. 19551, 1939; CGL 1940 Supp. 4151(655): s. 41, ch 20451, 1941; s. 1, ch. 59-442; s. 9, ch. 72-175; s. 1, ch. 80-308; s. 3, ch. 84-265; s. 23, ch. 84-359: s. 10. ch. 86-296: s. 418. ch. 95-148.

322.291 Driver improvement schools; required in certain suspension and revocation cases.-Except as provided in s. 322.03(2), any person:

(1) Whose driving privilege has been revoked: (a) Upon conviction for: 1. Driving, or being in actual physical control of, any

vehicle while under the influence of alcoholic beverages, any chemical substance set forth ins. 877.111, or any substance controlled under chapter 893, in violation of s. 316.193;

2. Driving with an unlawful blood or breath alcohol level;

3. Manslaughter resulting from the operation of a motor vehicle;

4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle acci­dent resulting in the death or personal injury of another;

5. Reckless driving; or (b) As an habitual offender; (c) Upon direction of the court, if the court feels that

the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee's driving privilege; or

(2) Whose license was suspended under the point system, was suspended for driving with an unlawful blood alcohol level of 0.10 percent or higher before Janu­ary 1, 1994, was suspended for driving with an unlawful blood alcohol level of 0.08 percent or higher after December 31, 1993, or was suspended for refusing to submit to a lawful breath, blood, or urine test as pro­vided ins. 322.2615

shall, before the driving privilege may be reinstated, present to the department proof of enrollment in a department-approved advanced driver improvement course or substance abuse education course. If the per­son fails to complete such course within 90 days after reinstatement, the driver's license shall be canceled by the department until such course is successfully com­pleted.

History.-s. 1, ch. 77-219; s. 10, ch. 82-155; s. 11. ch. 86-296; s. 6, ch. 91-200; ss. 6, 26, ch. 91-255; ss. 4, 5, ch. 92-195; s. 6, ch. 93-124: s. 10, ch. 95-326: s. 43, c~. 95-333.

322.292 DUI programs supervision; powers and duties of the department.-

(1) The Department of Highway Safety and Motor Vehicles shall license and regulate all DUI programs, which regulation shall include the certification of instruc­tors, evaluators, clinical supervisors, and evaluator supervisors. The department shall, after consultation with the chief judge of the affected judicial circuit, estab­lish requirements regarding the number of programs to be offered within a judicial circuit. Such requirements shall address the number of clients currently served in the circuit as well as improvements in service that may be derived from operation of an additional DUI program. DUI education and evaluation services are exempt from licensure under chapters 1396 and 397. However, treat­ment programs must continue to be licensed under chapters 1396 and 397.

(2) The department shall adopt rules to implement its supervisory authority over DUI programs in accord­ance with the procedures of chapter 120, including the establishment of uniform standards of operation for DUI programs and the method for setting and approving fees, as follows:

(a) Establish minimum standards for statutorily required education, evaluation, and supervision of DUI offenders. Such minimum standards previously adopted by the Traffic Court Review Committee of the Supreme Court of Florida shall remain in effect unless modified by the department.

(b) Establish minimum standards for the administra­tion and financial management of DUI programs, includ­ing, but not limited to:

1. Standards governing the types of expenditures that may be made by DUI programs from funds paid by persons attending such programs.

2. Standards for financial reporting that require data on DUI programs expenditures in sufficient detail

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F.S. 1995 DRIVERS' LICENSES Ch.322

to support reasonable and informed decisions concern­ing the fees that are to be assessed those attending DUI programs. The department shall perform financial audits of DUI programs required under this section or require that financial audits of the programs be performed by certified public accountants at program expense and submitted directly from the auditor to the department.

3. Standards of reciprocity in relation to DUI pro-grams in other states or countries that have programs similar to the DUI programs licensed by the department.

4. Such other standards as the department deems appropriate and necessary for the effective oversight of the DUI programs.

(c) Implement procedures for the granting and revoking of licenses for DUI programs.

(d) Establish a fee structure for the various pro­grams offered by the DUI programs, based only on the reasonable and necessary costs for operating the pro­grams throughout the state. The department shall approve, modify, or reduce fees as necessary. The DUI programs fees that are in effect on January 1, 1994, shall remain in effect until the department adopts a fee schedule for the DUI programs system. After the adop­tion of the schedule, the programs shall adjust their fees to conform with the established amounts.

(e) Establish policies and procedures for monitoring DUI programs compliance with all minimum standards established by the department.

(f) The department shall oversee an ongoing evalu­ation to assess the effectiveness of the DUI programs. This evaluation shall be performed by an independent group and shall evaluate the curriculum, client treatment referrals, recidivism rates, and any other relevant mat­ters. The department shall report to the Legislature by January 1, 1995, on the status of the evaluation, includ­ing its design and schedule for completion. The depart­ment may use funds received under s. 322.293 to retain the services and reimburse expenses of such private persons or professional consultants as are required for monitoring and evaluating DUI programs.

(g) Investigate complaints about the DUI programs and resolve problems in the provision of services to DUI offenders, as needed.

(3) All DUI programs and certified program person­nel providing DUI programs services that meet the department's standards and that are operating on Janu­ary 1, 1994, may remain in operation until the depart­ment's license procedures are in place. At that time the DUI programs and certified program personnel may apply for relicensure.

(4) DUI programs shall be either governmental pro­grams or not-for-profit corporations.

(5) The department shall report to the Supreme Court by December 1, 1994, and by December 31 of each succeeding year through 1996, on the general sta­tus of the statewide program. This report must include programmatic and statistical information regarding the number of licensed programs, enrollment and referral figures, program monitoring and evaluation activities, and findings, and the general steps taken by the depart­ment to implement the provisions of this section.

History.-s. 1, ch. 93-246; s. 44, ch. 95-333. 'Note.-Chapter 396 was repealed by s. 48, ch. 93-39.

322.293 DUI Programs Coordination Trust Fund; assessment; disposition.-

(1) The DUI Programs Coordination Trust Fund, cre­ated pursuant to chapter 81-208, Laws of Florida, shall be transferred to the department with all funds therein on January 1, 1994. The DUI Programs Coordination Office shall be transferred from the budget of the Supreme Court to the Department of Highway Safety and Motor Vehicles Division of Driver Licenses. The transfer shall include all of the statutory powers, duties and functions, records, personnel, property, and unex­pended balances of appropriations, allocations, and other funds. All personnel shall be transferred at their current classifications and levels of compensation. Any legal commitments, contracts, and other obligations heretofore entered into on behalf of or assumed by the DUI Programs Coordination Office in connection with the performance of its functions and duties are charged to and shall be performed by the department.

(2) The DUI Programs Coordination Trust Fund shall be administered by the department, and the costs of administration shall be borne by the fund. All funds received by the DUI Programs Coordination Trust Fund shall be used solely for the purposes set forth in this sec­tion ands. 322.292. However, if the Legislature passes legislation consolidating existing trust funds assigned to the department, all funds remaining in and deposited to the DUI Programs Coordination Trust Fund shall be transferred to the consolidated trust funds, subject to their being earmarked for use solely for the purposes set forth in this section and s. 322.292.

(3) Each DUI program shall assess $12 against each person enrolling in a DUI program at the time of enroll­ment, including persons who transfer to or from a pro­gram in another state. In addition, second and third offenders and those offenders under permanent driver license revocation who are evaluated for eligibility for restricted licenses pursuant to s. 322.271(2)(b) and (4) shall be assessed $12 upon enrollment in the program and upon each subsequent anniversary date while they are in the program, for the duration of the restricted license period.

(4) All assessments collected under this section shall be forwarded to the DUI Programs Coordination Trust Fund within 30 days after the last day of the month in which the assessment was received.

History.-s. 2(1st), ch. 93-245.

322.30 No operation under foreign license during suspension, revocation, or disqualification in this state.-

(1) Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended, revoked, or disqualified as provided in this chapter, shall not operate a motor vehicle in this state under a license, permit, or registra­tion certificate issued by any other jurisdiction or other­wise during such suspension, revocation, or disqualifica­tion until a new license is obtained.

(2) Notwithstanding subsection (1 ), any commercial motor vehicle operator whose privilege to operate such vehicle is disqualified may operate a motor vehicle in this

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Ch.322 DRIVERS' LICENSES F.S. 1995

state as a Class D or Class E licensee, if authorized by this chapter.

History.-s. 42, ch. 19551, 1939; CGL 1940 Supp. 4151(656); s. 42, ch. 20451, 1941; S. 25, Ch. 89-282.

322.31 Right of review.-The final orders and rul­ings of the department wherein any person is denied a license, or where such license has been canceled, sus­pended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding.

History.-s. 43, ch. 19551, 1939; CGL 1940 Supp. 4151(657); s. 43, ch. 20451, 1941; s. 1, ch. 59-95; s. 1, ch. 59-278; s. 5, ch. 61-457; s. 18, ch. 63-512; s. 20, ch. 78-95.

322.32 Unlawful use of license.-lt is a misde­meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person:

(1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, disqualified, fictitious, or fraudulently altered driver's license.

(2) To lend his or her driver's license to any other person or knowingly permit the use thereof by another.

(3) To display, or represent as his or her own, any driver's license not issued to him or her.

(4) To fail or refuse to surrender to the department upon its lawful demand any driver's license which has been suspended, revoked, disqualified, or canceled.

(5) To permit any unlawful use of a driver's license issued to him or her.

(6) To apply for, obtain, or cause to be issued to him or her two or more photographic driver's licenses which are in different names. The issuance of such licenses shall be prima facie evidence that the licensee has vio­lated the provisions of this section unless the issuance was in compliance with the requirements of this chapter.

(7) To do any act forbidden, or fail to perform any act required, by this chapter.

History.-s. 44, ch. 19551, 1939; CGL 1940Supp. 8135(59); s. 44, ch. 20451, 1941; s. 213, ch. 71-136; s. 25, ch. 78-394; s. 2, ch. 84-91; s. 24, ch. 89-282; s. 419, ch. 95-148.

322.33 Making false affidavit perjury.-Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter, shall be guilty of perjury and upon conviction shall be punished accordingly.

History.-s. 45, ch. 19551, 1939; CGL 1940 Supp. 7476(9); s. 45, ch. 20451, 1941.

322.331 Habitual traffic offenders; restoration of license.-At the expiration of 5 years from the date of license revocation, a person whose license has been revoked under s. 322.27(5) may petition the department for restoration of driving privileges. Upon such petition and after investigation of the person's qualification and fitness to drive, the department shall hold an administra­tive hearing to determine whether driving privileges shall be restored either on an unrestricted basis or on a restricted basis solely for business or employment pur­poses.

Hlstory.-s. 6, ch. 72-175.

322.34 Driving while license suspended, revoked, canceled, or disqualified.-

( 1) Any person whose driver's license or driving priv­ilege has been canceled, suspended, or revoked as pro­vided by law, except persons defined in s. 322.264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, sus­pended, or revoked, upon:

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided ins. 775.082 or s. 775.083.

(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) A third or subsequent conviction is guilty of a fel­ony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who operates a motor vehicle: (a) Without having a driver's license as required

under s. 322.03; or (b) While his or her driver's license or driving privi­

lege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (5),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any person whose driver's license or driving priv­ilege has been canceled, suspended, revoked, or dis­qualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)(a) Upon the arrest of a person for the offense of driving while the person's driver's license or driving privi­lege is suspended or revoked, the arresting officer shall determine:

1. Whether the person's driver's license is sus-pended or revoked.

2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license.

3. Whether the suspension or revocation was made under s. 316.646 ors. 627.733, relating to failure to main­tain required security, or under s. 322.264, relating to habitual traffic offenders.

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F.S. 1995 DRIVERS' LICENSES Ch. 322

4. Whether the driver is the registered owner or coowner of the vehicle.

(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.

(c) Within 7 business days after the date the arrest­ing agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certi­fied mail, return receipt requested, to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehi­cle. All costs and fees for the impoundment or immobili­zation, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall deter­mine whether any vehicle impounded or immobilized under this section has been leased or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by telephone any lessor or lienholder before 5 p.m. on the business day after the day that the vehicle has been impounded or immobilized. A lessor or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the storage facility fails to provide timely notice to a lessor or lienholder as required by this para­graph, the storage facility shall be responsible for pay­ment of any towing or storage charges necessary to release the vehicle to a lessor or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.

(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:

1. The owner presents proof of insurance to the arresting agency; or

2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a com­plaint, the owner may have the vehicle released by post­ing with the court a bond or other adequate security equal to the amount of the costs and fees for impound­ment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicat-

ing any loss or damage to the vehicle or to the contents of the vehicle.

Hlatory.-s.46, ch. 19551, 1939; CGL 1940Supp. 8135(60); s.46, ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. s. 59-3; s. 214, ch. 71-136; s. 7, ch. 72-175; s. 4, ch. 76-153; s. 69, ch. 88-381; s. 23, ch. 89-282; s. 85, ch. 94-306; s. 941, ch. 95-148; s. 1, ch. 95-202; s. 1, ch. 95-278.

322.35 Permitting unauthorized minor to drive.­No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized by the provisions of this chapter.

Hlstory.-s. 47, ch. 19551, 1939; CGL 1940 Supp. 4151(658); s. 47, ch. 20451, 1941; s. 420, ch. 95-148.

322.36 Permitting unauthorized operator to drive. No person. shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by persons duly authorized to operate motor vehicles under the provisions of this chapter. Any person violating this provision is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hlstory.-s. 48. ch. 19551, 1939; CGL 1940 Supp. 4151(659); s. 48, ch. 20451, 1941; s. 1, ch. 65-497; s. 215, ch. 71-136; s. 421, ch. 95-148.

322.37 Employing unlicensed driver.-No person shall employ as a driver of a motor vehicle any person not then licensed to operate such vehicle as provided in this chapter. Violation of this section is a noncriminal traffic infraction subject to the penalty provided in s. 318.18(2).

History.-s. 49, ch. 19551, 1939; CGL 1940 Supp. 4151(660); s. 49, ch. 20451, 1941; s. 13, ch. 86-185; s. 48, ch. 89-282.

322.38 Renting motor vehicle to another.-(1) No person shall rent a motor vehicle to any other

person unless the latter person is then duly licensed, or if a nonresident he or she shall be licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed.

(2) No person shall rent a motor vehicle to another until he or she has inspected the driver's license of the person to whom the vehicle is to be rented, and com­pared and verified the signature thereon with the signa­ture of such person written in his or her presence.

(3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person, and the date and place when and where the said license was issued. Such rec­ord shall be open to inspection by any police officer, or officer or employee of the department.

Hlstory.-s. 50, ch. 19551, 1939; CGL 1940 Supp 4151(661); s. 50, ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148.

322.39 Penalties.-(1) It is a misdemeanor for any person to violate any

of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.

(2) Unless another penalty is provided in this chap­ter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chap-

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Ch. 322 DRIVERS' LICENSES F.S.1995

ter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 51, ch. 19551, 1939; CGL 1940Supp. 8135(56); s. 51, ch. 20451, 1941; s. 216, ch. 71-136; s. 19, ch. 84-359.

322.391 Failure of person charged with misde­meanor under this chapter to comply with court­ordered directives; suspension of license.-A person charged with the commission of a misdemeanor under this chapter who fails to comply with all of the directives of the court is subject to the provisions of s. 322.245.

History.-s. 24, ch. 84-359.

322.41 Local issuance of driver's licenses prohib­ited.-Any person issued a driver's license by the department may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required by any county, municipality, or other local board or body having authority to adopt local police reg­ulations to obtain any other license to exercise such priv­ilege.

History.-s. 52, ch. 20451, 1941; s. 26, ch. 78-394; s. 50, ch. 89-282.

322.42 Construction of chapter.-This chapter shall be liberally construed to the end that the greatest force and effect may be given to its provisions for the promotion of public safety.

History.-s. 53, ch. 19551, 1939; CGL 1940 Supp. 4151(662); s. 54, ch. 20451, 1941.

322.43 Short title.-Sections 322.43-322.48 shall be known as the "Florida Driver License Compact Act."

History.-s. 1, ch. 67-176.

322.44 Driver License Compact.-The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

FINDINGS AND DECLARATION OF POLICY.­(1) The party states find that: (a) The safety of their streets and highways is mate­

rially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles;

(b) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property;

(c) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(2) It is the policy of each of the party states to: (a) Promote compliance with the laws, ordinances,

and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehi­cles;

(b) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regula­tions as a condition precedent to the continuance or issuance of any license by reason of which the licensee

is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II

DEFINITIONS.-As used in this compact: ( 1) "State" means a state, territory or possession of

the United States, the District of Columbia, or the Com­monwealth of Puerto Rico.

(2) "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(3) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE Ill

REPORTS OF CONVICTION.-The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connec­tion therewith.

ARTICLE IV

EFFECT OF CONVICTION.-(1) The licensing authority in the home state, for the

purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article Ill, as it would if such conduct had occurred in the home state, in the case of convictions for:

(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle, as provided by ss. 316.193 and 322.26;

(b) Driving a motor vehicle while under the influence of alcoholic beverages or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, as provided bys. 316.193;

(c) Any felony in the commission of which a motor vehicle is used, as provided bys. 322.26; or

(d) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another, as provided by s. 322.26.

(2) As to other convictions, reported pursuant to arti­cle Ill, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

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F.S. 1995 DRIVERS' LICENSES Ch. 322

ARTICLE V

APPLICATIONS FOR NEW UCENSES.-Upon appli­cation for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of 1 year from the date the. license was revoked, such person may make appli­cation for a new license if permitted by law. The licens­ing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such per­son the privilege of driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VI

APPLICABILITY OF OTHER LAWS.-Except as expressly required by provisions of this compact, noth­ing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circum­stance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VII

COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.-

(1) The head of the licensing authority of each party state shall be the administrator of this compact for his or her state. The administrators, acting jointly, shall have the power to formulate all necessary and proper proce­dures for the exchange of information under this com­pact.

(2) The administrator of each party state shall fur­~ish to t.he administrator of each other party state any information or documents reasonably necessary to facili­tate the administration of this compact.

ARTICLE VIII

ENTRY INTO FORCE AND WITHDRAWAL.-(1) This compact shall enter into force and become

effective as to any state when it has enacted the same into law.

(2) Any party state may withdraw from this compact b¥ enacting a statute repealing the same, but no such withdrawal shall take effect until 6 months after the executive head of the withdrawing state has given

notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of convic­tion occurring prior to the withdrawal.

ARTICLE IX

CONSTRUCTION AND SEVERABILITY.-This com­pact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable; and if any phrase, clause, sentence or provision of this compact is declared to be contrarY to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or ctrcu~stance is held invalid, the validity of the remamder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Hlstory.-s. 2, ch. 67-176; s. 44, ch. 76-31; s. 11, ch. 82-155; s. 22, ch. 86-296; s. 423, ch. 95-148.

322.45 Department of Highway Safety and Motor Vehicles; duty.-As used in ss. 322.44 and 322.50, the term "licensing authority,' with reference to this state, means the Department of Highway Safety and Motor Vehicles. Said department shall furnish to the appropri­ate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles Ill, IV, and V of the compact contained ins. 322.44 and Articles Ill, IV, and VI of the compact contained in s. 322.50.

Hlstory.-s. 3, ch. 67-176; ss. 24, 35, ch 69-100; s. 4, ch 77-373.

322.46 Compact administrator.-The compact administrator provided for in Article VII of s. 322.44 and Article VI of s. 322.50 shall not be entitled to any addi­tional compensation on account of his or her service as such administrator, but shall be entitled to expenses incurred in connection with his or her duties and respon­sibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employ­ment.

Hlstory.-s. 4. ch. 67-176; s. 4, ch. 77-373; s. 424, ch. 95-148.

322.47 Executive head defined.-As used in ss. 322.44 and 322.50, with reference to this state, the term "executive head" means the Governor.

Hlstory.-s. 5. ch. 67-176; s. 4, ch. 77-373.

322.48 Review of employee's acts.-Any act or omission of any official or employee of this state done or omitted pursuant to, or in enforcing, the provisions of s. 322.44 or s. 322.50 shall be subject to review in accordance with chapter 120 by the Department of Highway Safety and Motor Vehicles, but any review of the validity of any conviction or failure to answer sum­mons reported pursuant to the compact in s. 322.44 or s. 322.50 shall be limited to establishing the identity of the person so convicted or failing to answer summons.

77'!A~':,ry.-s. 6. ch. 67-176; ss. 24. 35, ch. 69-100; s. 1, ch. 77-117; s. 4, ch

929

Ch.322 DRIVERS' LICENSES F.S. 1995

322.49 Short title.-Sections 322.45-322.50 shall be known as the "Florida Nonresident Violator Compact Act of 1977."

Hlstory.-s. 2, ch. 77-373; s. 1, ch. 81-46.

322.50 Nonresident Violator Compact.-The Non­resident Violator Compact, hereinafter called "the com­pact," is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

FINDINGS, DECLARATION OF POLICY, AND PUR­POSE.-

(1) The party jurisdictions find that: (a) In most instances, a motorist who is cited for a

traffic violation in a jurisdiction other than his or her home jurisdiction must post collateral or bond to secure appearance for trial at a later date or, if unable to post collateral or bond, is taken into custody until the collat­eral or bond is posted or is taken directly to court for trial to be held. In some instances, the motorist's driver's license is deposited as collateral to be returned after he or she has complied with the terms of the citation. The purpose of the practices described is to obviate the diffi­culty of ensuring compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his or her way after receiving the traffic citation, could return to his or her home jurisdiction and disregard his or her duty under the terms of the traffic citation.

(b) A motorist receiving a traffic citation in his or her home jurisdiction is permitted, except for certain viola­tions, to accept the citation from the officer at the scene of the violation and to immediately continue on his or her way after promising or being instructed to comply with the terms of the citation.

(c) The practices described in paragraph (a) cause unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine and thus is compelled to remain in custody until some arrangement can be made.

(d) The deposit of a driver's license as a bail bond, as described in paragraph (a), is viewed with disfavor.

(e) The practices described herein consume an undue amount of law enforcement time.

(2) It is the policy of the party jurisdictions to: (a) Seek compliance with the laws, ordinances, and

administrative rules and regulations relating to the oper­ation of motor vehicles in each of the jurisdictions.

(b) Allow a motorist to accept a traffic citation for certain violations and to proceed on his or her way with­out delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

(c) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of anot.her jurisdiction.

(d) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient dis­position of traffic violations.

(3) The purposes of this compact are to:

(a) Provide a means through which the party juris­dictions may participate in a reciprocal program to effec­tuate the policies enumerated in subsection (2) in a uni­form and orderly manner.

(b) Provide for the fair and impartial treatment of traf­fic violators operating within party jurisdictions in recog­nition of the motorist's right to due process and the sov­ereign status of a party jurisdiction.

ARTICLE II

DEFINITIONS.-As used in this compact, the follow­ing words have the meanings indicated, unless the con­text requires otherwise:

(1) "Jurisdiction" means a state, territory, or posses­sion of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or a Canadian province.

(2) "Citation" means any summons, ticket, or other official document issued by a police officer for a traffic violation, containing an order which requires the motor­ist to respond.

(3) "Home jurisdiction" means the jurisdiction which issued the driver's license of the traffic violator.

(4) "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.

(5) "Collateral" means any cash or other security deposited to secure an appearance for trial following the issuance by a police officer of a citation for a traffic viola­tion.

(6) "Personal recognizance" means an agreement by a motorist made at the time of the issuance of a traffic citation that he or she will comply with the terms of that traffic citation.

(7) "Court" means a court of law or a traffic tribunal. (8) "Motorist" means a driver of a motor vehicle oper­

ating in a party jurisdiction other than the home jurisdic­tion.

(9) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.

(10) "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.

( 11) "Terms of the citation" means those options expressly stated upon the citation.

(12) "Comply with terms of the citation" means to appear in court or pay the fine and costs specified in the citation or to fulfill an obligation arising from any other option expressly stated upon the citation.

ARTICLE Ill

PROCEDURE FOR ISSUING JURISDICTION.-(1) When issuing a citation for a traffic violation, a

police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdic­tion and shall not, subject to the exceptions noted in subsection (2) of this Article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.

(2) A personal recognizance is acceptable only if not prohibited by law. If a mandatory appearance is required, it should take place immediately following the issuance of the citation.

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F.S. 1995 DRIVERS' LICENSES Ch. 322

(3) Upon the failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the Compact Manual as mini­mum requirements for effective processing by the home jurisdiction.

(4) Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content as contained in the Compact Manual.

(5) The licensing authority of the issuing jurisdiction need not suspend the driving privilege of a motorist for whom a report has been transmitted.

(6) The licensing authority of the issuing jurisdiction shall not transmit a report on a violation if the date of transmission is more than 6 months after the date on which the traffic citation was issued.

(7) The licensing authority of the issuing jurisdiction shall not transmit a report on a violation if the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.

ARTICLE IV

PROCEDURE FOR HOME JURISDICTION.-(1) Upon receipt of a report of a failure to comply

from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the procedures of the home jurisdic­tion, to suspend the motorist's driver's license until sat­isfactory evidence of compliance with the terms of the traffic citation has been furnished to the licensing authority of the home jurisdiction.

(2) The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the Com­pact Manual.

ARTICLE V

APPLICABILITY OF OTHER LAWS.-Except as expressly required by provisions of this compact, noth­ing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to licenses to drive to any person or circum­stance or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party jurisdiction and a nonparty jurisdiction.

ARTICLE VI

COMPACT ADMINISTRATOR PROCEDURES.-(1) For the purpose of administering the provisions

of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, the Board of Compact Administrators is cre­ated. The board shall be composed of one representa­tive from each party jurisdiction, to be known as the "compact administrator." The compact administrator

931

shall be appointed by the executive of the jurisdiction and will serve and be subject to removal in accordance with the laws of the jurisdiction he or she represents. A compact administrator may provide for the discharge of his or her duties and the performance of his or her func­tions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his or her identity has been given to the board.

(2) Each member of the Board of Compact Adminis­trators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor of such action. Action by the board shall be taken only at a meeting at which a major­ity of the party jurisdictions are represented.

(3) The board shall elect annually, from its member­ship, a chair and a vice chair.

(4) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(5) The board may accept for any of its purposes and functions under this compact any and all donations, grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency and may receive, utilize, and dispose of the same.

(6) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, or corporation or any private, nonprofit organization or institution.

(7) The board shall formulate all necessary proce­dures and develop uniform forms and documents for administering the provisions of this compact. All proce­dures and forms adopted pursuant to board action shall be contained in the Compact Manual.

ARTICLE VII

ENTRY INTO COMPACT AND WITHDRAWAL.-(1) This compact shall become effective when it has

been adopted by at least two jurisdictions. (2)(a) Entry into the compact shall be made by a res­

olution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chair of the board.

(b) The resolution shall be in a form and content as provided in the Compact Manual and shall include state­ments that in substance are as follows:

1. A citation of the authority by which the jurisdiction is empowered to become a party to this compact.

2. An agreement to comply with the terms and provi­sions of the compact.

3. A statement that compact entry is with all jurisdic­tions then party to the compact and with any jurisdiction that legally becomes a party to the compact.

(c) The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than 60 days after notice has been given by the chair of the Board of Compact Administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.

Ch. 322 DRIVERS' LICENSES F.S. 1995

(3) A party jurisdiction may withdraw from this com­pact by official written notice to the other party jurisdic­tions, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be given to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.

ARTICLE VIII

EXCEPTIONS.-The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.

ARTICLE IX

AMENDMENTS TO THE COMPACT.-(1) This compact may be amended from time to

time. Amendments shall be presented in resolution form to the chair of the Board of Compact Administrators and may be initiated by one or more party jurisdictions.

(2) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective 30 days after the date of the last endorsement.

(3) Failure of a party jurisdiction to respond to the compact chair within 120 days after receipt of the pro­posed amendment shall constitute endorsement.

ARTICLE X

CONSTRUCTION AND SEVERABILITY.-This com­pact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable; and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or if the applicability thereof to any gov­ernment, agency, person, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.

History.-s. 3, ch. 77-373; s. 2, ch. 81-46; s. 425, ch. 95-148.

322.51 Short title.-This act may be cited as the "Uniform Classified Commercial Driver's License Act."

Hlstory.-s. 1, ch. 89-282.

322.52 Conflict with other laws.-This act is a reme­dial law and should be liberally construed to promote the public health, safety, and welfare. To the extent that this act conflicts with general driver's licensing provisions, this act prevails. Where this act is silent, the general driver's licensing provisions apply.

History.-s. 2, ch. 89-282.

322.53 License required; exemptions.-(1) Except as provided in subsection (2), every per­

son who drives a commercial motor vehicle in this state is required to possess a valid commercial driver's license issued in accordance with the requirements of this chapter.

(2) The following persons are exempt from the requirement to obtain a commercial driver's license:

(a) Drivers of authorized emergency vehicles; (b) Military personnel driving military vehicles; (c) Farmers transporting farm supplies or farm

machinery within 150 miles of their farm, or transporting agricultural products to or from the first place of storage or processing or directly to or from market, within 150 miles of their farm;

(d) Drivers of recreational vehicles, as defined in s. 320.01;

(e) Drivers who operate straight trucks, as defined in s. 316.003, that are exclusively transporting their own tangible personal property which is not for sale; and

(f) An employee of a publicly owned transit system who is limited to moving vehicles for maintenance or parking purposes exclusively within the restricted­access confines of a transit system's property.

(3) Notwithstanding subsection (2), all drivers of for­hire commercial motor vehicles are required to possess a valid commercial driver's license issued in accordance with the requirements of this chapter.

(4) A resident who is exempt from obtaining a com­mercial driver's license pursuant to paragraph (a) or paragraph (c) of subsection (2) and who drives a com­mercial motor vehicle must obtain a Class D driver's license endorsed to authorize the operation of the partic­ular type of vehicle for which his or her exemption is granted.

(5) A resident who is exempt from obtaining a com­mercial driver's license pursuant to paragraph (b), para­graph (d), paragraph (e), or paragraph (f) of subsection (2) may drive a commercial motor vehicle pursuant to the exemption granted in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) if he or she possesses a valid Class D or Class E driver's license or a military license.

(6) The department shall adopt rules and enter into necessary agreements with other jurisdictions to pro­vide for the operation of commercial vehicles by nonresi­dents pursuant to the exemption granted in subsection (2).

History.-s. 4, ch. 89-282; s. 23, ch. 94-237; s. 86, ch. 94-306; s. 942, ch. 95-148.

322.54 Classification.-( 1) Except as provided ins. 322.53, effective April 1,

1992, a person may not drive any motor vehicle not authorized by the classification of his or her driver's license.

(2) The department shall issue, pursuant to the requirements of this chapter, drivers' licenses in accord­ance with the following classifications:

(a) Any person who drives a motor vehicle combina­tion having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class A driver's license, provided the gross vehicle weight rat­ing, declared weight, or actual weight, whichever is greatest, of the vehicle being towed is more than 10,000 pounds. Any person who possesses a valid Class A driv­er's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle within this state.

932

F.S. 1995 DRIVERS' LICENSES Ch. 322

(b) Any person, except a person who possesses a valid Class A driver's license, who drives a motor vehicle having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class B driver's license. Any person, except a person who possesses a valid Class A driver's license, who drives such vehicle towing a vehicle having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is great­est, of 10,000 pounds or less must possess a valid Class B driver's license. Any person who possesses a valid Class B driver's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A driver's license is required, within this state.

(c) Any person, except a person who possesses a valid Class A or a valid Class B driver's license, who drives a motor vehicle combination having a gross vehi­cle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class C driver's license. Any person who drives a motor vehicle combination having a gross vehi­cle weight rating, a declared weight, or an actual weight, whichever is greatest, of less than 26,001 pounds and who is required to obtain an endorsement pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1 )(d), or paragraph (1 )(e) of s. 322.57, must possess a valid Class C driver's license that is clearly restricted to the operation of a motor vehicle or motor vehicle combination of less than 26,001 pounds. Any person who possesses a valid Class C driver's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A or a Class B driver's license is required, within this state.

(d) Any person, except a person who possesses a valid Class A, valid Class B, or valid Class C driver's license, who drives a truck or a truck tractor having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 8,000 pounds or more but less than 26,001 pounds, or which has a width of more than 80 inches must possess a valid Class D driver's license. Any person who possesses a valid Class D driver's license may, subject to the appropriate restrictions and endorsements, drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, or Class C driver's license is required, within this state.

(e) Any person, except a person who possesses a valid Class A, valid Class 8, valid Class C, or valid Class D driver's license, who drives a motor vehicle must pos­sess a valid Class E driver's license. Any person who possesses a valid Class E driver's license may, subject to the appropriate restrictions and endorsements, drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, Class C, or Class D driver's license is required, within this state.

(3) Subject to paragraphs (a) and (b), nothing in this section prohibits a person who is not a resident of this state and who possesses a valid driver's license issued by another jurisdiction from driving a motor vehicle within this state.

(a) Any nonresident who drives a commercial motor vehicle within this state must possess a valid commer­cial driver's license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986.

(b) The department shall enter into agreements with other jurisdictions to implement and administer this sub­section.

(4)(a) Except as provided in paragraph (b), any per­son who operates a commercial motor vehicle and who does not possess a valid commercial driver's license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided ins. 318.18.

Hlstory.-s. 5, ch. 89-282; s. 426, ch. 95-148; s. 13, ch. 95-247; s. 45, ch. 95-333

322.56 Contracts for administration of driving skills portion of examination.-

(1) The department may, by contract, interagency agreement, or interlocal agreement, authorize a person, an entity of the state government, or an entity of a local government to administer the driving skills portion of an examination for a commercial driver's license, the results of which may be accepted in lieu of the results of a driving skills examination given by the department.

(2) Any test given by a third party under contract with the state must be the same as the test which the state would otherwise give.

(3) The contract or agreement between the third party and the state must, at a minimum, contain provi­sions that:

(a) Allow the Federal Highway Administration, or its representative, to conduct random examinations, inspections, and audits without prior notice;

(b) Allow the department, or its representative, to conduct random examinations, inspections, and audits without prior notice;

(c) Require the department to conduct onsite inspections at least annually;

(d) Require that all third-party examiners meet the same qualifications and education and training stand­ards as department examiners, to the extent necessary to conduct the driving skills portion of the examination;

(e) Require that the department test, at least annu­ally, a random sample of the drivers approved by the third party for licensure; and

(f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a com­mercial driver's license examination or that fails to com­ply with any terms of the contract.

(4) The department shall monitor examinations administered under the authority of this section. Such monitoring shall, at a minimum, satisfy the requirements of paragraphs (b), (c), (d), and (e) of subsection (3).

(5) An applicant who successfully completes a driv­ing skills examination administered by an authorized third party shall provide evidence of such fact to the department prior to licensure.

933

Ch.322 DRIVERS' LICENSES F.S. 1995

(6) A person or entity must own or lease 5 or more commercial motor vehicles, or employ 5 or more com­mercial motor vehicle operators at any one time, or con­tract, for a period of more than 6 months, with 5 or more commercial motor vehicle operators at any one time to qualify as a third-party examiner and must have ade­quate facilities to perform the driving skills test.

(7) Nothing in this section exempts a person from the requirement that he or she successfully complete a test of his or her knowledge administered by the depart­ment or any other test required for licensure under the provisions of this chapter.

Hlstory.-s. 8, ch. 89-282; sA28, ch. 95-148.

322.57 Tests of knowledge concerning specified vehicles; endorsement; nonresidents; violations.­

(1) In addition to fulfilling any other driver's licensing requirements of this chapter, a person who:

(a) Drives a double or triple trailer must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles.

(b) Drives a passenger vehicle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skill in such a vehicle. However, if such a person satisfies the requirements of 1s. 322.55(1)-(3), he or she is exempt from the test of his or her driving skills.

(c) Drives a tank vehicle must successfully complete a test of his or her knowledge concerning the safe oper­ation of such vehicles.

(d) Drives a vehicle that transports hazardous mate­rials and that is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F, must success­fully complete a test of his or her knowledge concerning the safe operation of such vehicles. Knowledge tests for hazardous-materials endorsements may not be admin­istered orally for individuals applying for an initial hazard­ous-materials endorsement after June 30, 1994.

(e) Operates a tank vehicle transporting hazardous materials must successfully complete the tests required in paragraphs (c) and (d) so that the department may issue a single endorsement permitting him or her to operate such tank vehicle.

(f) Drives a motorcycle must successfully complete a test of his or her knowledge concerning the safe oper­ation of such vehicles and a test of his or her driving skills on such vehicle. A person who successfully com­pletes such tests shall be issued an endorsement if he or she is licensed to drive another type of motor vehicle. A person who successfully completes such tests and who is not licensed to drive another type of motor vehi­cle shall be issued a Class E driver's license that is clearly restricted to motorcycle use only.

(2) Before driving or operating any vehicle listed in subsection (1), a person must obtain an endorsement on his or her driver's license. An endorsement under para­graph (a), paragraph (b), paragraph (c), paragraph (d), or paragraph (e) of subsection (1) shall be issued only to persons who possess a valid Class A, valid Class B, or valid Class C driver's license. A person who drives a motor vehicle or motor vehicle combination that requires an endorsement under this subsection and who drives a motor vehicle or motor vehicle combination having a

gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of less than 26,000 pounds shall be issued a Class C driver's license that is clearly restricted to the operation of a motor vehicle or motor vehicle combination of less than 26,000 pounds.

(3)(a) A person who is not a resident of this state and who possesses a valid driver's license issued by another jurisdiction may drive a motor vehicle within this state; however, any nonresident who drives a commer­cial motor vehicle within this state must possess a valid commercial driver's license with proper endorsements issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986.

(b) The department shall enter into agreements with other jurisdictions to implement and administer this sub­section.

(4)(a) Except as provided in paragraph (b), any per­son who operates a commercial motor vehicle and who does not possess a valid commercial driver's license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state, is guilty of a nonmoving violation, punishable as provided ins. 318.18.

Hiatory.-s. 9, ch. 89-282; s. 5, ch. 90-230; s. 87, ch. 94-306; s. 943, ch. 95-148. 1Note.-Repealed by s. 14, ch. 95-247, ands. 67, ch. 95-333.

322.58 Holders of chauffeur's licenses; effect of classified licensure.-

(1) In order to provide for the classified licensure of commercial motor vehicle drivers, the department shall require persons who have valid chauffeur's licenses to report on or after April 1, 1991, to the department for classified licensure, according to a schedule developed by the department.

(a) Any person who holds a valid chauffeur's license may continue to operate vehicles for which a Class D driver's license is required until his or her chauffeur's license expires.

(b) Any person who holds a valid chauffeur's license and who is required to possess a commercial driver's license shall, on or after April 1, 1991, be issued a license of the type of classification required for his or her vehi­cle, valid for the remainder of the unexpired term of his or her chauffeur's license. The cost of the initial issuance of the commercial driver's license under this paragraph shall be $10 per year or any fraction thereof, not to exceed $50; however, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires the commercial license, the fee shall be the same as for a Class E driver's license. In order to receive a commercial driver's license under this paragraph, a person must successfully complete all required exami­nations.

(2) Any person who holds a valid operator's license may continue to operate vehicles for which a Class E driver's license is required until his or her operator's license expires.

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F.S. 1995 DRIVERS' LICENSES Ch. 322

(3) The failure of the department to notify a person of the requirement to be relicensed under a classified driver's license system shall not be a defense to any vio­lation of law regulating the operation of motor vehicles in this state.

History.-s. 13, ch. 89-282; s. 429, ch. 95-148.

322.59 Possession of medical examiner's certifi­cate.-

(1) The department shall not issue a commercial driver's license to any person who is required by the laws of this state or by federal law to possess a medical examiner's certificate, unless such person presents a valid certificate prior to licensure.

(2) This section does not expand the requirements as to who must possess a medical examiner's certifi­cate.

History.-s. 15, ch. 89-282.

322.60 Possession of more than one license pro­hibited.-A person who drives a commercial motor vehi­cle in this state may not possess more than one driver's license. Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as pro­vided in s. 775.082 or s. 775.083.

Hlstory.-s. 18, ch. 89-282.

322.61 Disqualification from operating a commer­cial motor vehicle.-

(1) A person who, within a 3-year period, is con­victed of two of the following serious traffic violations or any combination thereof, arising in separate incidents committed in a commercial motor vehicle shall, in addi­tion to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days:

{a) A violation of any state or local law relating to motor vehicle traffic control, other than a parking viola­tion, a weight violation, or a vehicle equipment violation, arising in connection with an accident resulting in death or personal injury to any person;

(b) Reckless driving, as defined in s. 316.192; (c) Careless driving, as defined ins. 316.1925; (d) Fleeing or attempting to elude a law enforcement

officer, as defined ins. 316.1935; (e) Unlawful speed of 15 miles per hour or more

above the posted speed limit; {f) Driving a commercial motor vehicle, owned by

such person, which is not properly insured; (g) Improper lane change, as defined in s. 316.085;

or (h) Following too closely, as defined ins. 316.0895. (2) Any person who, within a 3-year period, is con­

victed of three serious traffic violations specified in sub­section (1) or any combination thereof, arising in sepa­rate incidents committed in a commercial motor vehicle shall, in addition to any other applicable penalties, including but not limited to the penalty provided in sub­section (1 ), be disqualified from operating a commercial motor vehicle for a period of 120 days.

(3) Except as provided in subsection (4), any person who is convicted of one of the following offenses shall, in addition to any other applicable penalties, be disquali­fied from operating a commercial motor vehicle for a period of 1 year:

(a) Driving a commercial motor vehicle while he or she is under the influence of alcohol or a controlled sub­stance;

(b) Driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher;

(c) Leaving the scene of an accident involving a commercial motor vehicle driven by such person;

(d) Using a commercial motor vehicle in the commis­sion of a felony;

(e) Driving a commercial motor vehicle while in pos­session of a controlled substance; or

(f) Refusing to submit to a test to determine his or her alcohol concentration while driving a commercial motor vehicle.

(4) Any person who is transporting hazardous mate­rials in a vehicle that is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F shall, upon conviction of an offense specified in subsection (3), be disqualified from operating a commercial motor vehicle for a period of 3 years. The penalty provided in this subsection shall be in addition to any other applica­ble penalty.

(5) Any person who is convicted of two violations specified in subsection (3), or any combination thereof, arising in separate incidents shall be permanently dis­qualified from operating a commercial motor vehicle. The penalty provided in this subsection shall be in addi­tion to any other applicable penalty.

(6) Notwithstanding subsections (3), (4), and (5), any person who uses a commercial motor vehicle in the com­mission of any felony involving the manufacture, distri­bution, or dispensing of a controlled substance, includ­ing possession with intent to manufacture, distribute, or dispense a controlled substance, shall, upon conviction of such felony, be permanently disqualified from operat­ing a commercial motor vehicle. The penalty provided in this subsection shall be in addition to any other applica­ble penalty.

(7) A person whose privilege to operate a commer­cial motor vehicle is disqualified under this section may, if otherwise qualified, be issued a Class D or Class E driver's license, pursuant to s. 322.251.

History.-s. 19, ch. 89-282; s. 2, ch. 90-329; s. 2, ch. 94-276; s. 944, ch. 95-148.

322.62 Driving under the influence; commercial motor vehicle operators.-

(1) A person who has any alcohol in his or her body may not drive or be in actual physical control of a com­mercial motor vehicle in this state. Any person who vio­lates this section is guilty of a moving violation, punish­able as provided ins. 318.18.

(2)(a) In addition to the penalty provided in subsec­tion (1 ), a person who violates this section shall be placed out-of-service immediately for a period of 24 hours.

(b) In addition to the penalty provided in subsection (1 ), a person who violates this section and who has an alcohol concentration of .04 percent or higher shall be subject to the penalty provided in s. 322.61.

(3) This section does not supersede s. 316.193. Nothing in this section prohibits the prosecution of a per­son who drives a commercial motor vehicle for driving

935

Ch.322 DRIVERS' LICENSES F.S. 1995

under the influence of alcohol or controlled substances whether or not such person is also prosecuted for a vio­lation of this section.

Hlstory.-s. 26, ch. 89-282; s. 4, ch. 91-243; s. 430, ch. 95-148.

322.63 Alcohol or drug testing; commercial motor vehicle operators.-

( 1) A person who accepts the privilege extended by the laws of this state of operating a commercial motor vehicle within this state shall, by so operating such com­mercial motor vehicle, be deemed to have given his or her consent to submit to an approved chemical or physi­cal test of his or her blood, breath, or urine for the pur­pose of determining his or her alcohol concentratio~ or for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or of controlled substances.

(a) By applying for a commercial driver's license and by accepting and using a commercial driv,er's licens~, the person holding the commercial driver s license 1s deemed to have expressed his or her consent to the pro­visions of this section.

(b) Any person who drives a commer.cial motor v~hi­cle within this state and who is not required to obtain a commercial driver's license in this state is, by his or her act of driving a commercial motor vehicle within this state, deemed to have expressed his or her consent to the provisions of this section.

(c) A notification of the consent provision of this sec­tion shall be printed above the signature line on each new or renewed driver's license issued after March 31, 1991.

(2) The chemical and physical tests authorized by this section shall only be required if a law enforcement officer has reasonable cause to believe that a person driving a commercial motor vehicle has any .alc?hol, chemical substance, or controlled substance 1n his or her body.

(a) The breath test shall be administered at the request of a law enforcement officer ""'.h? has reasona~le cause to believe that a person was driving a commercial motor vehicle with any alcohol in his or her blood.

(b) The urine test shall be administered at the request of a law enforcement officer ""'.h? has reasonable cause to believe that a person was driving a commercial motor vehicle with any chemical substance or controlled substance in his or her body. The test shall be adminis­tered at a facility, mobile or otherwise, that is equipped to administer such tests in a reasonable manner so as to ensure the accuracy of the specimen and maintain the privacy of the individual involved.

(c) The blood test shall be administered at the request of a law enforcement officer who has reasonable cause to believe that a person was driving a commercial motor vehicle with any alcohol, chemical substance, or controlled substance in his or her body. The blood test shall be performed in a reasonable manner by qualified medical personnel. Any person who appears for treat­ment at a medical facility as a result of his or her involve­ment as a commercial motor vehicle driver in an acci­dent and who is incapable, by reason of a mental or physical condition, of refusing a blood test shall be deemed to have consented to such test.

(d) The administration of one test under paragraph (a), paragraph (b), or paragraph (c) shall not preclude the administration of a different test under paragraph (a), paragraph (b), or paragraph (c). However, a urine test may not be used to determine alcohol concentration and a breath test may not be used to determine the presence of controlled substances or chemical sub­stances in a person's body. Notwithstanding the provi­sions of this paragraph, in the event a Florida licensee has been convicted in another state for an offense sub­stantially similar to s. 316.193 or to s. 322.62, which c~n­viction was based upon evidence of test results prohib­ited by this paragraph, that out-of-state conviction shall constitute a conviction for the purposes of this chapter.

(3)(a) The physical and chemical tests authorized !n this section shall be administered substantially in

accordance with rules adopted by the Department of Law Enforcement. Such rules shall be adopted after public hearing, shall specify the tests that are .a~pro~ed, and shall provide an approved method of adm1nistrat1on.

(b) The Department of Law Enforcement is au.thor­ized to approve techniques or methods for administer­ing such physical and chemical tests. Any insubstantial differences between approved techniques and actual testing procedures in any individual case does not ren­der the test or tests results invalid.

(c) Notwithstanding any other provision of this sec­tion, the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes.

(4)(a) Except as provided in paragraph (b), a per~on shall be told that his or her failure to submit to a physical or chemical test authorized by this section shall result in the disqualification of his or her privilege to operate a commercial motor vehicle for a period of 1 year for a first refusal, and shall result in the permanent disqualifi­cation of such privilege for a second refusal, arising from separate incidents.

(b) Any person who is incapable of refusal. by reaso~ of unconsciousness or other mental or physical condi­tion shall be deemed to have consented to a blood test.

(c) The refusal of a person to submit to a physical or chemical test authorized by this section shall be admissible in evidence in any criminal proceeding.

(5) The results of any test administered pursuant to this section shall not be admissible in a criminal prosecu­tion for possession of a controlled substance.

(6) Notwithstanding any provision of law pertain.ing to the confidentiality of hospital records or other medical records, information relating to the alcohol content of a person's blood or the presence of chemical substances or controlled substances in a person's blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforce­ment officer in connection with an alleged violation of s. 316.193 ors. 322.62 upon request for such information.

History.-s. 28, ch. 89-282; s. 23, ch. 92-58; s. 431, ch. 95-148.

322.64 Holder of commercial driver's license; driv­ing with unlawful blood alcohol level; refusal to submit to breath, urine, or blood test.-

(1 )(a) A law enforcement officer or correctional offi­cer shall, on behalf of the department, disqualify from

936

F.S. 1995 DRIVERS' LICENSES Ch. 322

operating any commercial motor vehicle a person who while operating or in actual physical control of a com­mercial motor vehicle is arrested for a violation of s. 316.193, relating to unlawful blood alcohol level, or a per­son who has refused to submit to a breath, urine, or blood test authorized by s. 322.63 arising out of the operation or actual physical control of a commercial motor vehicle. Upon disqualification of the person, the officer shall take the person's driver's license and issue the person a 30-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of disqualification. If the person has been given a blood test, the results of which are not available to the officer at the time of the arrest, the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the per­son was arrested for a violation of s. 316.193 and that the person had a blood alcohol level of 0.08 percent or higher, the department shall disqualify the person from operating a commercial motor vehicle pursuant to sub­section (3).

(b) The disqualification under paragraph (a) shall be pursuant to, and the notice of disqualification shall inform the driver of, the following:

1.a. The driver refused to submit to a lawful breath, blood, or urine test and he or she is disqualified from operating a commercial motor vehicle for a period of 1 year, for a first refusal, or permanently, if he or she has previously been disqualified as a result of a refusal to submit to such a test; or

b. The driver violated s. 316.193 by driving with an unlawful blood alcohol level and he or she is disqualified from operating a commercial motor vehicle for a period of 6 months for a first offense or for a period of 1 year if he or she has previously been disqualified, or his or her driving privilege has been previously suspended, for a violation of s. 316.193.

2. The disqualification period shall commence on the date of arrest or issuance of notice of disqualifica­tion, whichever is later.

3. The driver may request a formal or informal review of the disqualification by the department within 10 days after the date of arrest or issuance of notice of disqualification, whichever is later.

4. The temporary permit issued at the time of arrest or disqualification will expire at midnight of the 30th day following the date of disqualification.

5. The driver may submit to the department any materials relevant to the arrest.

(2) Except as provided in paragraph (1 )(a), the law enforcement officer shall forward to the department, within 5 days after the date of the arrest or the issuance of the notice of disqualification, whichever is later, a copy of the notice of disqualification, the driver's license of the person arrested, and a report of the arrest, includ­ing, if applicable, an affidavit stating the officer's grounds for belief that the person arrested was in viola­tion of s. 316.193; the results of any breath or blood test or an affidavit stating that a breath, blood, or urine test was requested by a law enforcement officer or correc­tional officer and that the person arrested refused to submit; a copy of the citation issued to the person

arrested; and the officer's description of the person's field sobriety test, if any. The failure of the officer to sub­mit materials within the 5-day period specified in this subsection or subsection (1) shall not affect the depart­ment's ability to consider any evidence submitted at or prior to the hearing. The officer may also submit a copy of a videotape of the field sobriety test or the attempt to administer such test.

(3) If the department determines that the person arrested should be disqualified from operating a com­mercial motor vehicle pursuant to this section and if the notice of disqualification has not already been served upon the person by a law enforcement officer or correc­tional officer as provided in subsection (1), the depart­ment shall issue a notice of disqualification and, unless the notice is mailed pursuant to s. 322.251, a temporary permit which expires 30 days after the date of issuance if the driver is otherwise eligible.

(4) If the person arrested requests an informal review pursuant to subparagraph (1)(b)3., the depart­ment shall conduct the informal review by a hearing offi­cer employed by the department. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforce­ment officer or correctional officer and by the person arrested, and the presence of an officer or witness is not required.

(5) After completion of the informal review, notice of the department's decision sustaining, amending, or invalidating the disqualification must be provided to the persori. Such notice must be mailed to the person at the last knovm address shown on the department's records, and to the address provided in the law enforcement offi­cer's report if such address differs from the address of record, within 21 days after the expiration of the tempo­rary permit issued pursuant to subsection (1) or subsec­tion (3).

(6)(a) If the person arrested requests a formal review, the department must schedule a hearing to be held within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing.

(b) Such formal review hearing shall be held before a hearing officer employed by the department, and the hearing officer shall be authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing, and make a ruling on the dis­qualification. The department and the person arrested may subpoena witnesses, and the party requesting the presence of a witness shall be responsible for the pay­ment of any witness fees. If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the department shall conduct an informal review of the disqualification under subsection (4).

(c) A party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the per­son failing to comply with the subpoena resides. A fail­ure to comply with an order of the court shall result in a finding of contempt of court. However, a person shall

937

Ch. 322 DRIVERS' LICENSES F.S. 1995

not be in contempt while a subpoena is being chal­lenged.

(d) The department must, within 7 days after a for­mal review hearing, send notice to the person of the hearing officer's decision as to whether sufficient cause exists to sustain, amend, or invalidate the disqualifica­tion.

(7) In a formal review hearing under subsection (6) or an informal review hearing under subsection (4), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the disqualification. The scope of the review shall be limited to the following issues:

(a) If the person was disqualified from operating a commercial motor vehicle for driving with an unlawful blood alcohol level in violation of s. 316.193:

1. Whether the arresting law enforcement officer had probable cause to believe that the person was driv­ing or in actual physical control of a commercial motor vehicle in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body.

2. Whether the person was placed under lawful arrest for a violation of s. 316.193.

3. Whether the person had an unlawful blood alco-hol level as provided ins. 316.193.

(b) If the person was disqualified from operating a commercial motor vehicle for refusal to submit to a breath, blood, or urine test:

1. Whether the law enforcement officer had proba-ble cause to believe that the person was driving or in actual physical control of a commercial motor vehicle in this state while he or she had any alcohol, chemical sub­stances, or controlled substances in his or her body.

2. Whether the person refused to submit to the test after being requested to do so by a law enforcement offi­cer or correctional officer.

3. Whether the person was told that if he or she refused to submit to such test he or she would be dis­qualified from operating a commercial motor vehicle for a period of 1 year or, in the case of a second refusal, per­manently.

(8) Based on the determination of the hearing officer pursuant to subsection (7) for both informal hearings under subsection (4) and formal hearings under subsec­tion (6), the department shall:

(a) Sustain the disqualification for a period of 1 year for a first refusal, or permanently if such person has been previously disqualified from operating a commercial motor vehicle as a result of a refusal to submit to such tests. The disqualification period commences on the date of the arrest or issuance of the notice of disqualifi­cation, whichever is later.

(b) Sustain the disqualification for a period of 6 months for a violation of s. 316.193 or for a period of 1 year if the person has been previously disqualified from operating a commercial motor vehicle or his or her driv­ing privilege has been previously suspended as a result of a violation of s. 316.193. The disqualification period commences on the date of the arrest or issuance of the notice of disqualification, whichever is later.

(9) A request for a formal review hearing or an infor­mal review hearing shall not stay the disqualification. If

the department fails to schedule the formal review hear­ing to be held within 30 days after receipt of the request therefor, the department shall invalidate the disqualifica­tion. If the scheduled hearing is continued at the depart­ment's initiative, the department shall issue a temporary driving permit which shall be valid until the hearing is conducted if the person is otherwise eligible for the driv­ing privilege. Such permit shall not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only.

(10) A person who is disqualified from operating a commercial motor vehicle under subsection (1) or sub­section (3) is eligible for issuance of a license for busi­ness or employment purposes only under s. 322.271 if the person is otherwise eligible for the driving privilege. However, such business or employment purposes license shall not authorize the driver to operate a com­mercial motor vehicle.

(11) The formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breath test or blood test or the refusal to take either test. However, as provided in sub­section (6), the driver may subpoena the officer or any person who administered or analyzed a breath or blood test.

( 12) The formal review hearing and the informal review hearing are exempt from the provisions of chap­ter 120. The department is authorized to adopt rules for the conduct of reviews under this section.

(13) A person may appeal any decision of the depart­ment sustaining the disqualification from operating a commercial motor vehicle by a petition for writ of certio­rari to the circuit court in the county wherein such per­son resides or wherein a formal or informal review was conducted pursuant to s. 322.31. However, an appeal shall not stay the disqualification. This subsection shall not be construed to provide for a de nova appeal.

(14) The decision of the department under this sec­tion shall not be considered in any trial for a violation of s. 316.193, s. 322.61, ors. 322.62, nor shall any written statement submitted by a person in. his or her request for departmental review under this section be admissi­ble into evidence against him or her in any such trial. The disposition of any related criminal proceedings shall not affect a disqualification imposed pursuant to this sec­tion.

(15) This section does not preclude the suspension of the driving privilege pursuant to s. 322.2615. The driv­ing privilege of a person who has been disqualified from operating a commercial motor vehicle also may be sus­pended for a violation of s. 316.193.

History.-s. 29, ch. 89-282; s. 3, ch. 90-329; s. 25, ch. 91-255; s. 7, ch. 93-124; s. 33, ch. 95-143; s. 432, ch. 95-148; s. 3, ch. 95-186.

322.65 Driver's license record exchange.-The department shall enter into agreements for the exchange of driver's license records with other jurisdic­tions and with clearinghouses established for such pur­poses, such as the Commercial Driver's License Infor­mation System or the National Driver Register.

History.-s. 30, ch. 89-282.

938

F.S. 1995 DRIVERS' LICENSES Ch. 322

322.66 Vehicles permitted to be driven during driv­ing skills tests.-A person who does not possess a valid driver's license may drive a noncommercial or com­mercial motor vehicle during a driving skills test con­ducted in accordance withs. 322.12(3) and (4)(a), if the person has passed the vision, hearing, road rules, and

939

road signs tests ordinarily administered to applicants for a Class E license, and, if required, has passed the com­mercial driver's license knowledge and appropriate endorsement tests.

History.-s. 31, ch. 89-282; s. 88, ch. 94-306.