Bill Text: FL S2160 | 2011 | Regular Session | Enrolled
Bill Title: Department of Highway Safety and Motor Vehicles
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2011-05-06 - Ordered engrossed, then enrolled -SJ 1832 [S2160 Detail]
Download: Florida-2011-S2160-Enrolled.html
ENROLLED 2011 Legislature SB 2160, 1st Engrossed 20112160er 1 2 An act relating to the Department of Highway Safety 3 and Motor Vehicles; amending s. 20.23, F.S.; creating 4 motor carrier weight inspection as an area of program 5 responsibility within the Department of 6 Transportation, which replaces motor carrier 7 compliance; amending s. 20.24, F.S.; revising the 8 divisions within the Department of Highway Safety and 9 Motor Vehicles; creating the Office of Motor Carrier 10 Compliance of the Division of the Florida Highway 11 Patrol within the Department of Highway Safety and 12 Motor Vehicles; amending ss. 110.205, 311.115, 13 316.302, 316.3025, 316.3026, 316.516, 316.545, 14 316.640, 320.18, and 321.05, F.S.; conforming 15 provisions to changes made by the act; amending s. 16 288.816, F.S.; requiring the department rather than 17 the Division of Motor Vehicles to issue special motor 18 vehicle license plates; amending s. 311.121, F.S.; 19 providing for a representative of the department 20 rather than the Division of Driver Licenses to be 21 appointed to the Seaport Security Officer 22 Qualification, Training, and Standards Coordinating 23 Council; amending s. 316.066, F.S.; revising 24 circumstances under which a law enforcement officer is 25 required to submit to the department a Florida Traffic 26 Crash Report, Long Form; providing for the use of 27 driver exchange-of-information forms under certain 28 circumstances; eliminating provisions authorizing 29 counties to establish certified central traffic 30 records centers, including provisions authorizing the 31 funding of such centers; deleting restrictions on the 32 commercial use of crash reports; amending s. 316.1957, 33 F.S.; requiring that motor vehicle records be 34 maintained by the department; amending s. 316.613, 35 F.S.; requiring the department rather than the 36 Division of Motor Vehicles to provide notice of the 37 requirements for child restraint devices; amending s. 38 318.15, F.S.; providing for the department rather than 39 the Division of Driver Licenses to administer certain 40 provisions governing the suspension of a person’s 41 driver’s license and privilege to drive; amending s. 42 320.05, F.S.; providing for a Division of Motorist 43 Services Procedures Manual; clarifying that the 44 creation and maintenance of records by the division is 45 not a law enforcement function; amending s. 320.275, 46 F.S.; providing for a representative of the department 47 rather than the Division of Motor Vehicles to be 48 appointed to the Automobile Dealers Industry Advisory 49 Board; amending s. 321.23, F.S.; specifying the fee to 50 be charged for a copy of a uniform traffic citation; 51 providing for a portion of the fees for crash reports 52 to be distributed to the investigating agency under 53 certain circumstances; authorizing the Department of 54 Highway Safety and Motor Vehicles to scan the records 55 of crash reports, which shall be considered original 56 copies; amending s. 322.02, F.S.; providing for the 57 Division of Motorist Services to administer ch. 322, 58 F.S., relating to driver’s licenses; amending s. 59 322.135, F.S.; providing duties of the tax collectors 60 with respect to driver’s license services; directing 61 the tax collectors who are constitutional officers to 62 assume all driver’s license issuance services by a 63 certain date and according to a specified schedule; 64 deleting obsolete provisions; authorizing the 65 department to create exceptions by rule for tax 66 collectors in counties having small populations; 67 amending s. 322.20, F.S.; providing for the department 68 and the Division of Motorist Services to maintain 69 certain records; amending s. 322.202, F.S.; clarifying 70 that the Division of Motorist Services is not a law 71 enforcement agency and is not an adjunct of any law 72 enforcement agency; amending s. 322.21, F.S.; 73 requiring that, beginning on a specified date, certain 74 fees be retained by the tax collectors who issue 75 driver’s licenses following the transition of the 76 driver’s license issuance services; providing for the 77 Division of Motorist Services to collect fees and 78 issue driver’s licenses and identification cards and 79 account for all license funds in the administration of 80 ch. 322, F.S.; amending s. 322.56, F.S.; authorizing 81 the Department of Highway Safety and Motor Vehicles to 82 contract with third-party providers to conduct online 83 examinations for applicants of learner’s driver’s 84 licenses; providing for requirements for the online 85 testing program; prohibiting a third-party provider 86 from providing testing services on behalf of the 87 department for a certain period if the provider fails 88 to comply with certain requirements; authorizing the 89 department to adopt rules; repealing s. 334.044(32), 90 F.S., relating to the authorization of the Office of 91 Motor Carrier Compliance within the Department of 92 Transportation to employ sworn law enforcement 93 officers to enforce traffic and criminal laws in this 94 state; amending s. 413.012, F.S., relating to certain 95 confidential records; conforming a reference to 96 changes made by the act; amending s. 921.0022, F.S.; 97 conforming a cross-reference; creating the Law 98 Enforcement Consolidation Task Force; providing for 99 membership; requiring the Department of Highway Safety 100 and Motor Vehicles to provide administrative 101 assistance to the task force; requiring the agency 102 that is represented by a member of the task force to 103 bear the travel expenses incurred by the member; 104 requiring the task force to evaluate the duplication 105 of law enforcement functions and to identify possible 106 consolidation; requiring the task force to evaluate 107 administrative functions; requiring the task force to 108 make recommendations and submit a report to the 109 Legislature by a certain date; providing for future 110 expiration; transferring the Office of Motor Carrier 111 Compliance of the Department of Transportation to the 112 Division of the Florida Highway Patrol of the 113 Department of Highway Safety and Motor Vehicles; 114 authorizing the Executive Office of the Governor to 115 transfer funds and positions between agencies; 116 providing an effective date. 117 118 Be It Enacted by the Legislature of the State of Florida: 119 120 Section 1. Paragraph (b) of subsection (4) of section 121 20.23, Florida Statutes, is amended to read: 122 20.23 Department of Transportation.—There is created a 123 Department of Transportation which shall be a decentralized 124 agency. 125 (4) 126 (b) The secretary may appoint positions at the level of 127 deputy assistant secretary or director which the secretary deems 128 necessary to accomplish the mission and goals of the department, 129 including, but not limited to, the areas of program 130 responsibility provided in this paragraph, each of whom shall be 131 appointed by and serve at the pleasure of the secretary. The 132 secretary may combine, separate, or delete offices as needed in 133 consultation with the Executive Office of the Governor. The 134 department’s areas of program responsibility include, but are 135 not limited to: 136 1. Administration; 137 2. Planning; 138 3. Public transportation; 139 4. Design; 140 5. Highway operations; 141 6. Right-of-way; 142 7. Toll operations; 143 8. Information systems; 144 9. Motor carrier weight inspectioncompliance; 145 10. Management and budget; 146 11. Comptroller; 147 12. Construction; 148 13. Maintenance; and 149 14. Materials. 150 Section 2. Subsection (2) of section 20.24, Florida 151 Statutes, is amended, and subsection (3) is added to that 152 section, to read: 153 20.24 Department of Highway Safety and Motor Vehicles. 154 There is created a Department of Highway Safety and Motor 155 Vehicles. 156 (2) The following divisions, and bureaus within the 157 divisions, of the Department of Highway Safety and Motor 158 Vehicles are established: 159 (a) Division of the Florida Highway Patrol. 160 (b) Division of Motorist Services. 161(b) Division of Driver Licenses.162(c) Division of Motor Vehicles.163 (3) The Office of Motor Carrier Compliance is established 164 within the Division of the Florida Highway Patrol. 165 Section 3. Paragraph (m) of subsection (2) of section 166 110.205, Florida Statutes, is amended to read: 167 110.205 Career service; exemptions.— 168 (2) EXEMPT POSITIONS.—The exempt positions that are not 169 covered by this part include the following: 170 (m) All assistant division director, deputy division 171 director, and bureau chief positions in any department, and 172 those positions determined by the department to have managerial 173 responsibilities comparable to such positions, whichpositions174 include, but are not limited to: 175 1. Positions in the Department of Health and the Department 176 of Children and Family Services that are assigned primary duties 177 of serving as the superintendent or assistant superintendent of 178 an institution. 179 2. Positions in the Department of Corrections that are 180 assigned primary duties of serving as the warden, assistant 181 warden, colonel, or major of an institution or that are assigned 182 primary duties of serving as the circuit administrator or deputy 183 circuit administrator. 184 3. Positions in the Department of Transportation that are 185 assigned primary duties of serving as regional toll managers and 186 managers of offices, as defined in s. 20.23(4)(b) and (5)(c),187and captains and majors of the Office of Motor Carrier188Compliance. 189 4. Positions in the Department of Environmental Protection 190 that are assigned the duty of an Environmental Administrator or 191 program administrator. 192 5. Positions in the Department of Health that are assigned 193 the duties of Environmental Administrator, Assistant County 194 Health Department Director, and County Health Department 195 Financial Administrator. 196 197 Unless otherwise fixed by law, the department shall set the 198 salary and benefits of the positions listed in this paragraph in 199 accordance with the rules established for the Selected Exempt 200 Service. 201 Section 4. Paragraph (e) of subsection (2) of section 202 288.816, Florida Statutes, is amended to read: 203 288.816 Intergovernmental relations.— 204 (2) The Office of Tourism, Trade, and Economic Development 205 shall be responsible for all consular relations between the 206 state and all foreign governments doing business in Florida. The 207 office shall monitor United States laws and directives to ensure 208 that all federal treaties regarding foreign privileges and 209 immunities are properly observed. The office shall promulgate 210 rules which shall: 211 (e) Verify entitlement to issuance of special motor vehicle 212 license plates bythe Division of Motor Vehicles ofthe 213 Department of Highway Safety and Motor Vehicles to honorary 214 consuls or such other officials representing foreign governments 215 who are not entitled to issuance of special Consul Corps license 216 plates by the United States Government. 217 Section 5. Paragraph (f) of subsection (1) of section 218 311.115, Florida Statutes, is amended to read: 219 311.115 Seaport Security Standards Advisory Council.—The 220 Seaport Security Standards Advisory Council is created under the 221 Office of Drug Control. The council shall serve as an advisory 222 council as provided in s. 20.03(7). 223 (1) The members of the council shall be appointed by the 224 Governor and consist of the following: 225 (f) One member from the Office of Motor Carrier Compliance 226 of the Department of Highway Safety and Motor Vehicles 227Transportation. 228 Section 6. Paragraph (a) of subsection (3) of section 229 311.121, Florida Statutes, is amended to read: 230 311.121 Qualifications, training, and certification of 231 licensed security officers at Florida seaports.— 232 (3) The Seaport Security Officer Qualification, Training, 233 and Standards Coordinating Council is created under the 234 Department of Law Enforcement. 235 (a) The executive director of the Department of Law 236 Enforcement shall appoint 11 members to the council, to include: 237 1. The seaport administrator of the Department of Law 238 Enforcement. 239 2. The Commissioner of Education or his or her designee. 240 3. The director of the Division of Licensing of the 241 Department of Agriculture and Consumer Services. 242 4. The administrator of the Florida Seaport Transportation 243 and Economic Development Council. 244 5. Two seaport security directors from seaports designated 245 under s. 311.09. 246 6. One director of a state law enforcement academy. 247 7. One representative of a local law enforcement agency. 248 8. Two representatives of contract security services. 249 9. One representative ofthe Division of Driver Licenses of250 the Department of Highway Safety and Motor Vehicles. 251 Section 7. Subsections (1), (2), (4), and (5) of section 252 316.066, Florida Statutes, are amended, and present subsections 253 (3), (4), (5), and (6) of that section are renumbered as 254 subsections (2), (3), (4), and (5), respectively, to read: 255 316.066 Written reports of crashes.— 256 (1)(a) A Florida Traffic Crash Report, Long Form is 257 required to be completed and submitted to the department within 258 10 days after completing an investigation by every law 259 enforcement officer who in the regular course of duty 260 investigates a motor vehicle crash that: 261 1.ThatResulted in death or personal injury. 262 2.ThatInvolved a violation of s. 316.061(1) or s. 263 316.193. 2643. In which a vehicle was rendered inoperative to a degree265that required a wrecker to remove it from traffic, if such266action is appropriate, in the officer’s discretion.267 (b) In every crash for which a Florida Traffic Crash 268 Report, Long Form is not required by this section, the law 269 enforcement officer may complete a short-form crash report or 270 provide a driver exchange-of-information formshort-form crash271reportto be completed by each party involved in the crash. The 272 short-form report must include: 273 1. The date, time, and location of the crash. 274 2. A description of the vehicles involved. 275 3. The names and addresses of the parties involved, 276 including all drivers and passengers. 277 4. The names and addresses of witnesses. 278 5. The name, badge number, and law enforcement agency of 279 the officer investigating the crash. 280 6. The names of the insurance companies for the respective 281 parties involved in the crash. 282 (c) Each party to the crash mustshallprovide the law 283 enforcement officer with proof of insurance, which must be 284 documentedto be includedin the crash report. If a law 285 enforcement officer submits a report on the crashaccident, 286 proof of insurance must be provided to the officer by each party 287 involved in the crash. Any party who fails to provide the 288 required information commits a noncriminal traffic infraction, 289 punishable as a nonmoving violation as provided in chapter 318, 290 unless the officer determines that due to injuries or other 291 special circumstances such insurance information cannot be 292 provided immediately. If the person provides the law enforcement 293 agency, within 24 hours after the crash, proof of insurance that 294 was valid at the time of the crash, the law enforcement agency 295 may void the citation. 296 (d) The driver of a vehicle that was in any manner involved 297 in a crash resulting in damage to any vehicle or other property 298 in an amount of $500 or more,whichcrashwas not investigated 299 by a law enforcement agency, shall, within 10 days after the 300 crash, submit a written report of the crash to the departmentor301traffic records center. The entity receiving the report may 302 require witnesses of the crashcrashesto render reports and may 303 require any driver of a vehicle involved in a crash of which a 304 written report must be madeas provided in this sectionto file 305 supplemental written reports ifwheneverthe original report is 306 deemed insufficient by the receiving entity. 307 (e) Short-form crash reports prepared by law enforcement 308 shall be maintained by the law enforcement officer’s agency. 309(2)(a) One or more counties may enter into an agreement310with the appropriate state agency to be certified by the agency311to have a traffic records center for the purpose of tabulating312and analyzing countywide traffic crash reports. The agreement313must include: certification by the agency that the center has314adequate auditing and monitoring mechanisms in place to ensure315the quality and accuracy of the data; the time period in which316the traffic records center must report crash data to the agency;317and the medium in which the traffic records must be submitted to318the agency.319(b) In the case of a county or multicounty area that has a320certified central traffic records center, a law enforcement321agency or driver must submit to the center within the time limit322prescribed in this section a written report of the crash. A323driver who is required to file a crash report must be notified324of the proper place to submit the completed report.325(c) Fees for copies of public records provided by a326certified traffic records center shall be charged and collected327as follows:328 329For a crash report..........................$10 per copy.330For a homicide report.......................$25 per copy.331For a uniform traffic citation............$0.50 per copy.332 333The fees collected for copies of the public records provided by334a certified traffic records center shall be used to fund the335center or otherwise as designated by the county or counties336participating in the center.337 (3)(4)(a) Any driver failing to file the written report 338 required under subsection (1)or subsection (2)commits a 339 noncriminal traffic infraction, punishable as a nonmoving 340 violation as provided in chapter 318. 341 (b) Any employee of a state or local agency in possession 342 of information made confidential and exempt by this section who 343 knowingly discloses such confidential and exempt information to 344 a person not entitled to access such information under this 345 section commitsis guilty ofa felony of the third degree, 346 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 347 (c) Any person, knowing that he or she is not entitled to 348 obtain information made confidential and exempt by this section, 349 who obtains or attempts to obtain such information commits a 350 felony of the third degree, punishable as provided in s. 351 775.082, s. 775.083, or s. 775.084. 352 (d) Any person who knowingly uses confidential and exempt 353 information in violation of a filed written sworn statement or 354 contractual agreement required by this section commits a felony 355 of the third degree, punishable as provided in s. 775.082, s. 356 775.083, or s. 775.084. 357 (4)(5)Except as specified in this subsection, each crash 358 report made by a person involved in a crash and any statement 359 made by such person to a law enforcement officer for the purpose 360 of completing a crash report required by this section shall be 361 without prejudice to the individual so reporting.NoSuch report 362 or statement may notshallbe used as evidence in any trial, 363 civil or criminal. However, subject to the applicable rules of 364 evidence, a law enforcement officer at a criminal trial may 365 testify as to any statement made to the officer by the person 366 involved in the crash if that person’s privilege against self 367 incrimination is not violated. The results of breath, urine, and 368 blood tests administered as provided in s. 316.1932 or s. 369 316.1933 are not confidential and areshall beadmissible into 370 evidence in accordance with the provisions of s. 316.1934(2). 371Crash reports made by persons involved in crashes shall not be372used for commercial solicitation purposes; however, the use of a373crash report for purposes of publication in a newspaper or other374news periodical or a radio or television broadcast shall not be375construed as “commercial purpose.”376 Section 8. Section 316.1957, Florida Statutes, is amended 377 to read: 378 316.1957 Parking violations; designated parking spaces for 379 persons who have disabilities.—When evidence is presented in any 380 court of the fact that any motor vehicle was parked in a 381 properly designated parking space for persons who have 382 disabilities in violation of s. 316.1955, it is prima facie 383 evidence that the vehicle was parked and left in the space by 384 the person, firm, or corporation in whose name the vehicle is 385 registered and licensed according to the records of the 386 departmentDivision of Motor Vehicles. 387 Section 9. Subsections (4), (5), (6), (7), and (8) of 388 section 316.302, Florida Statutes, are amended to read: 389 316.302 Commercial motor vehicles; safety regulations; 390 transporters and shippers of hazardous materials; enforcement.— 391 (4)(a) Except as provided in this subsection, all 392 commercial motor vehicles transporting any hazardous material on 393 any road, street, or highway open to the public, whether engaged 394 in interstate or intrastate commerce, and any person who offers 395 hazardous materials for such transportation, are subject to the 396 regulations contained in 49 C.F.R. part 107, subpart G, and 49 397 C.F.R. parts 171, 172, 173, 177, 178, and 180. Effective July 1, 398 1997, the exceptions for intrastate motor carriers provided in 399 49 C.F.R. 173.5 and 173.8 are hereby adopted. 400 (b) In addition to the penalties provided in s. 401 316.3025(3)(b), (c), (d), and (e), any motor carrier or any of 402 its officers, drivers, agents, representatives, employees, or 403 shippers of hazardous materials that do not comply with this 404 subsection or any rule adopted by a state agency that is 405 consistent with the federal rules and regulations regarding 406 hazardous materials commits a misdemeanor of the first degree, 407 punishable as provided in s. 775.082 or s. 775.083. To ensure 408 compliance with this subsection,enforcement officers of the409Motor Carrier Compliance Office within the Department of410Transportation andstate highway patrol officers may inspect 411 shipping documents and cargo of any vehicle known or suspected 412 to be a transporter of hazardous materials. 413 (5) The Department of Highway Safety and Motor Vehicles 414Transportationmay adopt and revise rules to assure the safe 415 operation of commercial motor vehicles. The Department of 416 Highway Safety and Motor VehiclesTransportationmay enter into 417 cooperative agreements as provided in 49 C.F.R. part 388. 418 Department of Highway Safety and Motor VehiclesTransportation419 personnel may conduct motor carrier and shipper compliance 420 reviews for the purpose of determining compliance with this 421 section and s. 627.7415. 422 (6) The state Department of Highway Safety and Motor 423 VehiclesTransportationshall perform the duties that are 424 assigned to the Field Administrator, Federal Motor Carrier 425 Safety Administration under the federal rules, and an agent of 426 that department, as described in s.316.545(9),may enforce 427 those rules. 428 (7) A person who operates a commercial motor vehicle solely 429 in intrastate commerce shall direct to the state Department of 430 Highway Safety and Motor VehiclesTransportationany 431 communication that the federal rules require persons subject to 432 the jurisdiction of the United States Department of 433 Transportation to direct to that department. 434 (8) For the purpose of enforcing this section, any law 435 enforcement officer of the Department of Highway Safety and 436 Motor VehiclesTransportationor duly appointed agent who holds 437 a current safety inspector certification from the Commercial 438 Vehicle Safety Alliance may require the driver of any commercial 439 vehicle operated on the highways of this state to stop and 440 submit to an inspection of the vehicle or the driver’s records. 441 If the vehicle or driver is found to be operating in an unsafe 442 condition, or if any required part or equipment is not present 443 or is not in proper repair or adjustment, and the continued 444 operation would present an unduly hazardous operating condition, 445 the officer may require the vehicle or the driver to be removed 446 from service pursuant to the North American Standard Out-of 447 Service Criteria, until corrected. However, if continuous 448 operation would not present an unduly hazardous operating 449 condition, the officer may give written notice requiring 450 correction of the condition within 14 days. 451 (a) Any member of the Florida Highway Patrol or any law 452 enforcement officer employed by a sheriff’s office or municipal 453 police department authorized to enforce the traffic laws of this 454 state pursuant to s. 316.640 who has reason to believe that a 455 vehicle or driver is operating in an unsafe condition may, as 456 provided in subsection (10), enforce the provisions of this 457 section. 458 (b) Any person who fails to comply with an officer’s 459 request to submit to an inspection under this subsection commits 460 a violation of s. 843.02 if the person resists the officer 461 without violence or a violation of s. 843.01 if the person 462 resists the officer with violence. 463 Section 10. Paragraph (a) of subsection (6) of section 464 316.3025, Florida Statutes, is amended to read: 465 316.3025 Penalties.— 466 (6)(a) Only an officer or agent of the Department of 467 Highway Safety and Motor VehiclesTransportationis authorized 468 to collect the penalty provided by this section. Such officer or 469 agent shall cooperate with the owner or driver of the motor 470 vehicle so as not to unduly delay the vehicle. 471 Section 11. Subsections (1), (2), and (3) of section 472 316.3026, Florida Statutes, are amended to read: 473 316.3026 Unlawful operation of motor carriers.— 474 (1) The Office of Motor Carrier Complianceof the475Department of Transportationmay issue out-of-service orders to 476 motor carriers, as defined in s. 320.01(33), who,haveafter 477 proper notice, have failed to pay any penalty or fine assessed 478 by the department, or its agent, against any owner or motor 479 carrier for violations of state law, refused to submit to a 480 compliance review and provide records pursuant to s. 316.302(5) 481 or s. 316.70, or violated safety regulations pursuant to s. 482 316.302 or insurance requirementsfoundin s. 627.7415. Such 483 out-of-service ordersshallhave the effect of prohibiting the 484 operations of any motor vehicles owned, leased, or otherwise 485 operated by the motor carrier upon the roadways of this state, 486 untilsuch time asthe violations have been corrected or 487 penalties have been paid. Out-of-service ordersissued under488this sectionmust be approved by the director of the Division of 489 the Florida Highway PatrolSecretary of Transportationor his or 490 her designee. An administrative hearing pursuant to s. 120.569 491 shall be afforded to motor carriers subject to such orders. 492 (2) Any motor carrier enjoined or prohibited from operating 493 by an out-of-service order by this state, any other state, or 494 the Federal Motor Carrier Safety Administration may not operate 495 on the roadways of this state until the motor carrier has been 496 authorized to resume operations by the originating enforcement 497 jurisdiction. Commercial motor vehicles owned or operated by any 498 motor carrier prohibited from operation found on the roadways of 499 this state shall be placed out of service by law enforcement 500 officers of the Department of Highway Safety and Motor Vehicles 501Transportation, and the motor carrier assessed a $10,000 civil 502 penalty pursuant to 49 C.F.R. s. 383.53, in addition to any 503 other penalties imposed on the driver or other responsible 504 person. Any person who knowingly drives, operates, or causes to 505 be operated any commercial motor vehicle in violation of an out 506 of-service order issued by the department in accordance with 507 this section commits a felony of the third degree, punishable as 508 provided in s. 775.082(3)(d). Any costs associated with the 509 impoundment or storage of such vehicles are the responsibility 510 of the motor carrier. Vehicle out-of-service orders may be 511 rescinded when the department receives proof of authorization 512 for the motor carrier to resume operation. 513 (3) In addition to the sanctions found in subsections (1) 514 and (2), the Department of Highway Safety and Motor Vehicles 515Transportationmay petition the circuit courts of this state to 516 enjoin any motor carrier from operating when it fails to comply 517 with out-of-service orders issued by a competent authority 518 within or outside this state. 519 Section 12. Subsection (1) of section 316.516, Florida 520 Statutes, is amended to read: 521 316.516 Width, height, and length; inspection; penalties.— 522 (1) Any law enforcement officer, as prescribed in s. 523 316.640, or any weight inspectorand safety officerof the 524 Department of Transportation, as prescribed in s. 316.545(1), 525 who has reason to believe that the width, height, or length of a 526 vehicle or combination of vehicles and the load thereon is not 527 in conformance with s. 316.515 is authorized to require the 528 driver to stop and submit such vehicle and load to measurement 529 of its width, height, or length. 530 Section 13. Subsection (1), paragraphs (a) and (b) of 531 subsection (2), paragraph (b) of subsection (4), and subsections 532 (5), (9), and (10) of section 316.545, Florida Statutes, are 533 amended to read: 534 316.545 Weight and load unlawful; special fuel and motor 535 fuel tax enforcement; inspection; penalty; review.— 536 (1) Any officer of the Florida Highway Patrolweight and537safety officer of the Department of Transportationhaving reason 538 to believe that the weight of a vehicle and load is unlawful is 539 authorized to require the driver to stop and submit to a 540 weighing of the same by means of either portable or fixed scales 541 and may require that such vehicle be driven to the nearest weigh 542 station or public scales, provided such a facility is within 5 543 highway miles. Upon a request by the vehicle driver, the officer 544 shall weigh the vehicle at fixed scales rather than by portable 545 scales if such a facility is available within 5 highway miles. 546 Anyone who refuses to submit to such weighing obstructs an 547 officer pursuant to s. 843.02 and is guilty of a misdemeanor of 548 the first degree, punishable as provided in s. 775.082 or s. 549 775.083. Anyone who knowingly and willfully resists, obstructs, 550 or opposes a weight and safety officer while refusing to submit 551 to such weighing by resisting the officer with violence to the 552 officer’s person pursuant to s. 843.01 is guilty of a felony of 553 the third degree, punishable as provided in s. 775.082, s. 554 775.083, or s. 775.084. 555 (2)(a) Whenever an officer of the Florida Highway Patrol or 556 a weight inspector of the Department of Transportation, upon 557 weighing a vehicle or combination of vehicles with load, 558 determines that the axle weight or gross weight is unlawful, the 559 officer may require the driver to stop the vehicle in a suitable 560 place and remain standing until a determination can be made as 561 to the amount of weight thereon and, if overloaded, the amount 562 of penalty to be assessed as provided herein. However, any gross 563 weight over and beyond 6,000 pounds beyond the maximum herein 564 set shall be unloaded and all material so unloaded shall be 565 cared for by the owner or operator of the vehicle at the risk of 566 such owner or operator. Except as otherwise provided in this 567 chapter, to facilitate compliance with and enforcement of the 568 weight limits established in s. 316.535, weight tables published 569 pursuant to s. 316.535(7) shall include a 10-percent scale 570 tolerance and shall thereby reflect the maximum scaled weights 571 allowed any vehicle or combination of vehicles. As used in this 572 section, scale tolerance means the allowable deviation from 573 legal weights established in s. 316.535. Notwithstanding any 574 other provision of the weight law, if a vehicle or combination 575 of vehicles does not exceed the gross, external bridge, or 576 internal bridge weight limits imposed in s. 316.535 and the 577 driver of such vehicle or combination of vehicles can comply 578 with the requirements of this chapter by shifting or equalizing 579 the load on all wheels or axles and does so when requested by 580 the proper authority, the driver shall not be held to be 581 operating in violation of said weight limits. 582 (b) The officer or inspector shall inspect the license 583 plate or registration certificate of the commercial vehicle, as 584 defined in s. 316.003(66), to determine if its gross weight is 585 in compliance with the declared gross vehicle weight. If its 586 gross weight exceeds the declared weight, the penalty shall be 5 587 cents per pound on the difference between such weights. In those 588 cases when the commercial vehicle, as defined in s. 316.003(66), 589 is being operated over the highways of the state with an expired 590 registration or with no registration from this or any other 591 jurisdiction or is not registered under the applicable 592 provisions of chapter 320, the penalty herein shall apply on the 593 basis of 5 cents per pound on that scaled weight which exceeds 594 35,000 pounds on laden truck tractor-semitrailer combinations or 595 tandem trailer truck combinations, 10,000 pounds on laden 596 straight trucks or straight truck-trailer combinations, or 597 10,000 pounds on any unladen commercial motor vehicle. If the 598 license plate or registration has not been expired for more than 599 90 days, the penalty imposed under this paragraph may not exceed 600 $1,000. In the case of special mobile equipment as defined in s. 601 316.003(48), which qualifies for the license tax provided for in 602 s. 320.08(5)(b), being operated on the highways of the state 603 with an expired registration or otherwise not properly 604 registered under the applicable provisions of chapter 320, a 605 penalty of $75 shall apply in addition to any other penalty 606 which may apply in accordance with this chapter. A vehicle found 607 in violation of this section may be detained until the owner or 608 operator produces evidence that the vehicle has been properly 609 registered. Any costs incurred by the retention of the vehicle 610 shall be the sole responsibility of the owner. A person who has 611 been assessed a penalty pursuant to this paragraph for failure 612 to have a valid vehicle registration certificate pursuant to the 613 provisions of chapter 320 is not subject to the delinquent fee 614 authorized in s. 320.07 if such person obtains a valid 615 registration certificate within 10 working days after such 616 penalty was assessed. 617 (4) 618 (b) In addition to the penalty provided for in paragraph 619 (a), the vehicle may be detained until the owner or operator of 620 the vehicle furnishes evidence that the vehicle has been 621 properly registered pursuant to s. 207.004. Any officer of the 622 Florida Highway Patrol or agent of the Department of 623 Transportation may issue a temporary fuel use permit and collect 624 the appropriate fee as provided for in s. 207.004(4). 625 Notwithstanding the provisions of subsection (6), all permit 626 fees collected pursuant to this paragraph shall be transferred 627 to the Department of Highway Safety and Motor Vehicles to be 628 allocated pursuant to s. 207.026. 629 (5) Whenever any person violates the provisions of this 630 chapter and becomes indebted to the state because of such 631 violation in the amounts aforesaid and refuses to pay said 632 penalty, in addition to the provisions of s. 316.3026, such 633 penalty shall become a lien upon the motor vehicle, and the same 634 may be foreclosed by the state in a court of equity. It shall be 635 presumed that the owner of the motor vehicle is liable for the 636 sum. Any person, firm, or corporation claiming an interest in 637 the seized motor vehicle may, at any time after the lien of the 638 state attaches to the motor vehicle, obtain possession of the 639 seized vehicle by filing a good and sufficient forthcoming bond 640 with the officer having possession of the vehicle, payable to 641 the Governor of the state in twice the amount of the state’s 642 lien, with a corporate surety duly authorized to transact 643 business in this state as surety, conditioned to have the motor 644 vehicle or combination of vehicles forthcoming to abide the 645 result of any suit for the foreclosure of such lien. It shall be 646 presumed that the owner of the motor vehicle is liable for the 647 penalty imposed under this section. Upon the posting of such 648 bond with the officer making the seizure, the vehicle shall be 649 released and the bond shall be forwarded to the Department of 650 Highway Safety and Motor VehiclesTransportationfor 651 safekeeping. The lien of the state against the motor vehicle 652 aforesaid shall be foreclosed in equity, and the ordinary rules 653 of court relative to proceedings in equity shall control. If it 654 appears that the seized vehicle has been released to the 655 defendant upon his or her forthcoming bond, the state shall take 656 judgment of foreclosure against the property itself, and 657 judgment against the defendant and the sureties on the bond for 658 the amount of the lien, including cost of proceedings. After the 659 rendition of the decree, the state may, at its option, proceed 660 to sue out execution against the defendant and his or her 661 sureties for the amount recovered as aforesaid or direct the 662 sale of the vehicle under foreclosure. 663(9) Any agent of the Department of Transportation who is664employed for the purpose of being a weight and safety officer665and who meets the qualifications established by law for law666enforcement officers shall have the same arrest powers as are667granted any law enforcement officer for the purpose of enforcing668the provisions of weight, load, safety, commercial motor vehicle669registration, and fuel tax compliance laws.670 (9)(10)The Department of Transportation may employ weight 671 inspectors to operate its fixed-scale facilities. Weight 672 inspectors on duty at a fixed-scale facility are authorized to 673 enforce the laws governing commercial motor vehicle weight, 674 registration, size, and load and to assess and collect civil 675 penalties for violations of said laws. A weight inspector may 676 detain a commercial motor vehicle that has an obvious safety 677 defect critical to the continued safe operation of the vehicle 678 or that is operating in violation of an out-of-service order as 679 reported on the federal Safety and Fitness Electronic Records 680 database. The weight inspector may immediately summon a law 681 enforcement officer of the Department of Highway Safety and 682 Motor VehiclesTransportation, or other law enforcement officer 683 authorized by s. 316.640 to enforce the traffic laws of this 684 state, to take appropriate enforcement action. The vehicle shall 685 be released if the defect is repaired prior to the arrival of a 686 law enforcement officer. Weight inspectors shall not be 687 classified as law enforcement officers subject to certification 688 requirements of chapter 943, and are not authorized to carry 689 weapons or make arrests. Any person who obstructs, opposes, or 690 resists a weight inspector in the performance of the duties 691 herein prescribed shall be guilty of an offense as described in 692 subsection (1) for obstructing, opposing, or resisting a law 693 enforcement officer. 694 Section 14. Paragraph (b) of subsection (1) of section 695 316.613, Florida Statutes, is amended to read: 696 316.613 Child restraint requirements.— 697 (1) 698 (b) The departmentDivision of Motor Vehiclesshall provide 699 notice of the requirement for child restraint devices, which 700 notice shall accompany the delivery of each motor vehicle 701 license tag. 702 Section 15. Paragraph (a) of subsection (1) of section 703 316.640, Florida Statutes, is amended to read: 704 316.640 Enforcement.—The enforcement of the traffic laws of 705 this state is vested as follows: 706 (1) STATE.— 707 (a)1.a. The Division of Florida Highway Patrol of the 708 Department of Highway Safety and Motor Vehicles; the Division of 709 Law Enforcement of the Fish and Wildlife Conservation 710 Commission; the Division of Law Enforcement of the Department of 711 Environmental Protection;law enforcement officers of the712Department of Transportation;and the agents, inspectors, and 713 officers of the Department of Law Enforcement each have 714 authority to enforce all of the traffic laws of this state on 715 all the streets and highways thereof and elsewhere throughout 716 the state wherever the public has a right to travel by motor 717 vehicle. 718 b. University police officers shall have authority to 719 enforce all of the traffic laws of this state when violations 720 occur on or within 1,000 feet of any property or facilities that 721 are under the guidance, supervision, regulation, or control of a 722 state university, a direct-support organization of such state 723 university, or any other organization controlled by the state 724 university or a direct-support organization of the state 725 university, or when such violations occur within a specified 726 jurisdictional area as agreed upon in a mutual aid agreement 727 entered into with a law enforcement agency pursuant to s. 728 23.1225(1). Traffic laws may also be enforced off-campus when 729 hot pursuit originates on or within 1,000 feet of any such 730 property or facilities, or as agreed upon in accordance with the 731 mutual aid agreement. 732 c. Community college police officers shall have the 733 authority to enforce all the traffic laws of this state only 734 when such violations occur on any property or facilities that 735 are under the guidance, supervision, regulation, or control of 736 the community college system. 737 d. Police officers employed by an airport authority shall 738 have the authority to enforce all of the traffic laws of this 739 state only when such violations occur on any property or 740 facilities that are owned or operated by an airport authority. 741 (I) An airport authority may employ as a parking 742 enforcement specialist any individual who successfully completes 743 a training program established and approved by the Criminal 744 Justice Standards and Training Commission for parking 745 enforcement specialists but who does not otherwise meet the 746 uniform minimum standards established by the commission for law 747 enforcement officers or auxiliary or part-time officers under s. 748 943.12. Nothing in this sub-sub-subparagraph shall be construed 749 to permit the carrying of firearms or other weapons, nor shall 750 such parking enforcement specialist have arrest authority. 751 (II) A parking enforcement specialist employed by an 752 airport authority is authorized to enforce all state, county, 753 and municipal laws and ordinances governing parking only when 754 such violations are on property or facilities owned or operated 755 by the airport authority employing the specialist, by 756 appropriate state, county, or municipal traffic citation. 757 e. The Office of Agricultural Law Enforcement of the 758 Department of Agriculture and Consumer Services shall have the 759 authority to enforce traffic laws of this state. 760 f. School safety officers shall have the authority to 761 enforce all of the traffic laws of this state when such 762 violations occur on or about any property or facilities which 763 are under the guidance, supervision, regulation, or control of 764 the district school board. 765 2. An agency of the state as described in subparagraph 1. 766 is prohibited from establishing a traffic citation quota. A 767 violation of this subparagraph is not subject to the penalties 768 provided in chapter 318. 769 3. Any disciplinary action taken or performance evaluation 770 conducted by an agency of the state as described in subparagraph 771 1. of a law enforcement officer’s traffic enforcement activity 772 must be in accordance with written work-performance standards. 773 Such standards must be approved by the agency and any collective 774 bargaining unit representing such law enforcement officer. A 775 violation of this subparagraph is not subject to the penalties 776 provided in chapter 318. 777 4. The Division of the Florida Highway Patrol may employ as 778 a traffic accident investigation officer any individual who 779 successfully completes instruction in traffic accident 780 investigation and court presentation through the Selective 781 Traffic Enforcement Program as approved by the Criminal Justice 782 Standards and Training Commission and funded through the 783 National Highway Traffic Safety Administration or a similar 784 program approved by the commission, but who does not necessarily 785 meet the uniform minimum standards established by the commission 786 for law enforcement officers or auxiliary law enforcement 787 officers under chapter 943. Any such traffic accident 788 investigation officer who makes an investigation at the scene of 789 a traffic accident may issue traffic citations, based upon 790 personal investigation, when he or she has reasonable and 791 probable grounds to believe that a person who was involved in 792 the accident committed an offense under this chapter, chapter 793 319, chapter 320, or chapter 322 in connection with the 794 accident. This subparagraph does not permit the officer to carry 795 firearms or other weapons, and such an officer does not have 796 authority to make arrests. 797 Section 16. Paragraph (a) of subsection (1) of section 798 318.15, Florida Statutes, is amended to read: 799 318.15 Failure to comply with civil penalty or to appear; 800 penalty.— 801 (1)(a) If a person fails to comply with the civil penalties 802 provided in s. 318.18 within the time period specified in s. 803 318.14(4), fails to enter into or comply with the terms of a 804 penalty payment plan with the clerk of the court in accordance 805 with ss. 318.14 and 28.246, fails to attend driver improvement 806 school, or fails to appear at a scheduled hearing, the clerk of 807 the court shall notifythe Division of Driver Licenses ofthe 808 Department of Highway Safety and Motor Vehicles of such failure 809 within 10 days after such failure. Upon receipt of such notice, 810 the department shall immediately issue an order suspending the 811 driver’s license and privilege to drive of such person effective 812 20 days after the date the order of suspension is mailed in 813 accordance with s. 322.251(1), (2), and (6). Any such suspension 814 of the driving privilege which has not been reinstated, 815 including a similar suspension imposed outside Florida, shall 816 remain on the records of the department for a period of 7 years 817 from the date imposed and shall be removed from the records 818 after the expiration of 7 years from the date it is imposed. 819 Section 17. Paragraph (b) of subsection (3) and subsection 820 (5) of section 320.05, Florida Statutes, are amended to read: 821 320.05 Records of the department; inspection procedure; 822 lists and searches; fees.— 823 (3) 824 (b) Fees therefor shall be charged and collected as 825 follows: 826 1. For providing lists of motor vehicle or vessel records 827 for the entire state, or any part or parts thereof, divided 828 according to counties, a sum computed at a rate of not less than 829 1 cent nor more than 5 cents per item. 830 2. For providing noncertified photographic copies of motor 831 vehicle or vessel documents, $1 per page. 832 3. For providing noncertified photographic copies of 833 micrographic records, $1 per page. 834 4. For providing certified copies of motor vehicle or 835 vessel records, $3 per record. 836 5. For providing noncertified computer-generated printouts 837 of motor vehicle or vessel records, 50 cents per record. 838 6. For providing certified computer-generated printouts of 839 motor vehicle or vessel records, $3 per record. 840 7. For providing electronic access to motor vehicle, 841 vessel, and mobile home registration data requested by tag, 842 vehicle identification number, title number, or decal number, 50 843 cents per item. 844 8. For providing electronic access to driver’s license 845 status report by name, sex, and date of birth or by driver 846 license number, 50 cents per item. 847 9. For providing lists of licensed mobile home dealers and 848 manufacturers and recreational vehicle dealers and 849 manufacturers, $15 per list. 850 10. For providing lists of licensed motor vehicle dealers, 851 $25 per list. 852 11. For each copy of a videotape record, $15 per tape. 853 12. For each copy of the Division of Motorist Services 854Motor VehiclesProcedures Manual, $25. 855 (5) The creation and maintenance of records bythe856department andthe Division of Motorist ServicesMotor Vehicles857 pursuant to this chapter shall not be regarded as law 858 enforcement functions of agency recordkeeping. 859 Section 18. Subsection (1) of section 320.18, Florida 860 Statutes, is amended to read: 861 320.18 Withholding registration.— 862 (1) The department may withhold the registration of any 863 motor vehicle or mobile home the owner of which has failed to 864 register it under the provisions of law for any previous period 865 or periods for which it appears registration should have been 866 made in this state, until the tax for such period or periods is 867 paid. The department may cancel any vehicle or vessel 868 registration, driver’s license, identification card, or fuel-use 869 tax decal if the owner pays for the vehicle or vessel 870 registration, driver’s license, identification card, or fuel-use 871 tax decal; pays any administrative, delinquency, or 872 reinstatement fee; or pays any tax liability, penalty, or 873 interest specified in chapter 207 by a dishonored check, or if 874 the vehicle owner or motor carrier has failed to pay a penalty 875 for a weight or safety violation issued by the Department of 876 Transportation or the Department of Highway Safety and Motor 877 VehiclesMotor Carrier Compliance Office. The Department of 878 Transportation and the Department of Highway Safety and Motor 879 Vehicles may impound any commercial motor vehicle that has a 880 canceled license plate or fuel-use tax decal until the tax 881 liability, penalty, and interest specified in chapter 207, the 882 license tax, or the fuel-use decal fee, and applicable 883 administrative fees have been paid for by certified funds. 884 Section 19. Paragraphs (a) and (b) of subsection (2) of 885 section 320.275, Florida Statutes, are amended to read: 886 320.275 Automobile Dealers Industry Advisory Board.— 887 (2) MEMBERSHIP, TERMS, MEETINGS.— 888 (a) The board shall be composed of 12 members. The 889 executive director of the Department of Highway Safety and Motor 890 Vehicles shall appoint the members from names submitted by the 891 entities for the designated categories the member will 892 represent. The executive director shall appoint one 893 representative of the Department of Highway Safety and Motor 894 Vehicles, who must represent the Division of Motor Vehicles; two 895 representatives of the independent motor vehicle industry as 896 recommended by the Florida Independent Automobile Dealers 897 Association; two representatives of the franchise motor vehicle 898 industry as recommended by the Florida Automobile Dealers 899 Association; one representative of the auction motor vehicle 900 industry who is from an auction chain and is recommended by a 901 group affiliated with the National Auto Auction Association; one 902 representative of the auction motor vehicle industry who is from 903 an independent auction and is recommended by a group affiliated 904 with the National Auto Auction Association; one representative 905 from the Department of Revenue; a Florida tax collector 906 representative recommended by the Florida Tax Collectors 907 Association; one representative from the Better Business Bureau; 908 one representative from the Department of Agriculture and 909 Consumer Services, who must represent the Division of Consumer 910 Services; and one representative of the insurance industry who 911 writes motor vehicle dealer surety bonds. 912 (b)1. The executive director shall appoint the following 913 initial members to 1-year terms: one representative from the 914 motor vehicle auction industry who represents an auction chain, 915 one representative from the independent motor vehicle industry, 916 one representative from the franchise motor vehicle industry, 917 one representative from the Department of Revenue, one Florida 918 tax collector, and one representative from the Better Business 919 Bureau. 920 2. The executive director shall appoint the following 921 initial members to 2-year terms: one representative from the 922 motor vehicle auction industry who represents an independent 923 auction, one representative from the independent motor vehicle 924 industry, one representative from the franchise motor vehicle 925 industry, one representative from the Division of Consumer 926 Services, one representative from the insurance industry, and 927 one representative from the departmentDivision of Motor928Vehicles. 929 3. As the initial terms expire, the executive director 930 shall appoint successors from the same designated category for 931 terms of 2 years. If renominated, a member may succeed himself 932 or herself. 933 4. The board shall appoint a chair and vice chair at its 934 initial meeting and every 2 years thereafter. 935 Section 20. Subsection (1) of section 321.05, Florida 936 Statutes, is amended to read: 937 321.05 Duties, functions, and powers of patrol officers. 938 The members of the Florida Highway Patrol are hereby declared to 939 be conservators of the peace and law enforcement officers of the 940 state, with the common-law right to arrest a person who, in the 941 presence of the arresting officer, commits a felony or commits 942 an affray or breach of the peace constituting a misdemeanor, 943 with full power to bear arms; and they shall apprehend, without 944 warrant, any person in the unlawful commission of any of the 945 acts over which the members of the Florida Highway Patrol are 946 given jurisdiction as hereinafter set out and deliver him or her 947 to the sheriff of the county that further proceedings may be had 948 against him or her according to law. In the performance of any 949 of the powers, duties, and functions authorized by law, members 950 of the Florida Highway Patrol have the same protections and 951 immunities afforded other peace officers, which shall be 952 recognized by all courts having jurisdiction over offenses 953 against the laws of this state, and have authority to apply for, 954 serve, and execute search warrants, arrest warrants, capias, and 955 other process of the court. The patrol officers under the 956 direction and supervision of the Department of Highway Safety 957 and Motor Vehicles shall perform and exercise throughout the 958 state the following duties, functions, and powers: 959 (1) To patrol the state highways and regulate, control, and 960 direct the movement of traffic thereon; to maintain the public 961 peace by preventing violence on highways; to apprehend fugitives 962 from justice; to enforce all lawsnow in effectregulating and 963 governing traffic, travel, and public safety upon the public 964 highways and providing for the protection of the public highways 965 and public property thereon, including the security and safety 966 of this state’s transportation infrastructure; to make arrests 967 without warrant for the violation of any state law committed in 968 their presence in accordance withthe laws of thisstate law; 969 providing that no search mayshallbe made unless it is incident 970 to a lawful arrest, to regulate and direct traffic 971 concentrations and congestions; to enforce laws governing the 972 operation, licensing, and taxing and limiting the size, weight, 973 width, length, and speed of vehicles and licensing and 974 controlling the operations of drivers and operators of vehicles, 975 including the safety, size, and weight of commercial motor 976 vehicles;to cooperate with officials designated by lawto 977 collect all state fees and revenues levied as an incident to the 978 use or right to use the highways for any purpose, including the 979 taxing and registration of commercial motor vehicles; to require 980 the drivers of vehicles to stop and exhibit their driver’s 981 licenses, registration cards, or documents required by law to be 982 carried by such vehicles; to investigate traffic accidents, 983 secure testimony of witnesses and of persons involved, and make 984 report thereof with copy, ifwhenrequested in writing, to any 985 person in interest or his or her attorney; to investigate 986 reported thefts of vehicles; and to seize contraband or stolen 987 property on or being transported on the highways. Each patrol 988 officer of the Florida Highway Patrol is subject to and has the 989 same arrest and other authority provided for law enforcement 990 officers generally in chapter 901 and has statewide 991 jurisdiction. Each officer also has arrest authority as provided 992 for state law enforcement officers in s. 901.15. This section 993 doesshallnotbe construed as being inconflict with, but is 994 supplemental to, chapter 933. 995 Section 21. Subsections (2), (3), (4), and (5) of section 996 321.23, Florida Statutes, are amended to read: 997 321.23 Public records; fees for copies; destruction of 998 obsolete records; photographing records; effect as evidence.— 999 (2) Fees for copies of public records shall be charged and 1000 collected as follows: 1001 (a) For a crash report, a copy........................$10 1002 (b) For a homicide report, a copy.....................$25 1003 (c) For a uniform traffic citation, a copy..........$0.50 1004 (d)(c)Photographs (accidents, etc.): 1005 1006 Enlargement Color Black & 1007 Proof White 1008 1009 1. 5″ x 7″ $1.00 $0.75 1010 2. 8″ x 10″ $1.50 $1.00 1011 3. 11″ x 14″ Not Available $1.75 1012 4. 16″ x 20″ Not Available $2.75 1013 5. 20″ x 24″ Not Available $3.75 1014 1015(d)The department shall furnish such information without charge 1016 to any local, state, or federal law enforcement agency upon 1017 proof satisfactory to the department as to the purpose of the 1018 investigation. 1019 (3) Fees collected under this section shall be deposited in 1020 the Highway Safety Operating Trust Fund, unless the department 1021 provides the crash report online, in which case the department 1022 may distribute up to $5 of the amount collected per copy to the 1023 investigating agency. 1024 (4) The department mayis authorized todestroy reports, 1025 records, documents, papers, and correspondence which are 1026 considered obsolete. 1027 (5) The department may scan,is authorized tophotograph, 1028 microphotograph, or reproduce on film such documents, records, 1029 and reports as it may select. The photographs or 1030 microphotographs in the form of film or print of any records 1031 made in compliance with the provisions of this section shall 1032 have the same force and effect as the originalsthereof would1033haveand shall be treated as originals for the purpose of their 1034 admissibility in evidence. Duly certified or authenticated 1035 reproductions of such photographs or microphotographs shall be 1036 admitted in evidence equally with the original photographs or 1037 microphotographs. 1038 Section 22. Subsection (3) of section 322.02, Florida 1039 Statutes, is amended to read: 1040 322.02 Legislative intent; administration.— 1041 (3) The department shall employ a director, who is charged 1042 with the duty of serving as the executive officer of the 1043 Division of Motorist ServicesDriver Licensesof the department 1044 insofar as the administration of this chapter is concerned. He 1045 or she shall be subject to the supervision and direction of the 1046 department, and his or her official actions and decisions as 1047 executive officer shall be conclusive unless the same are 1048 superseded or reversed by the department or by a court of 1049 competent jurisdiction. 1050 Section 23. Subsections (1) and (5) of section 322.135, 1051 Florida Statutes, are amended, and subsection (7) is added to 1052 that section, to read: 1053 322.135 Driver’s license agents.— 1054 (1) The department shall, upon application, authorize by 1055 interagency agreement any or all of the tax collectors who are 1056 constitutional officers under s. 1(d), Art. VIII of the State 1057 Constitution in the several counties of the state, subject to 1058 the requirements of law, in accordance with rules of the 1059 department, to serve as its agent for the provision of specified 1060 driver’s license services. 1061 (a) These services shall be limited to the issuance of 1062 driver’s licenses and identification cards as authorized by this 1063 chapter. 1064 (b) Each tax collector who is authorized by the department 1065 to provide driver’s license services shall bear all costs 1066 associated with providing those services. 1067 (c) A service fee of $6.25 shall be charged, in addition to 1068 the fees set forth in this chapter, for providing all services 1069 pursuant to this chapter. The service fee may not be charged: 1070 1. More than once per customer during a single visit to a 1071 tax collector’s office. 1072 2. For a reexamination requested by the Medical Advisory 1073 Board or required pursuant to s. 322.221. 1074 3. For a voter registration transaction. 1075 4. In violation of any federal or state law. 1076 (5) All driver’s license issuance services shall be assumed 1077 by the tax collectors who are constitutional officers under s. 1078 1(d), Art. VIII of the State Constitution by June 30, 2015. The 1079 implementation shall follow the schedule outlined in the 1080 transition report of February 1, 2011, which was required 1081 pursuant to chapter 2010-163, Laws of Florida.The department,1082in conjunction with the Florida Tax Collectors Association and1083the Florida Association of Counties, shall develop a plan to1084transition all driver’s license issuance services to the county1085tax collectors who are constitutional officers under s. 1(d),1086Art. VIII of the State Constitution. The transition plan must be1087submitted to the President of the Senate and the Speaker of the1088House of Representatives on or before February 1, 2011. The1089transition plan must include a timeline to complete the full1090transition of all driver’s license issuance services no later1091than June 30, 2015, and may include, but is not limited to,1092recommendations on the use of regional service centers,1093interlocal agreements, and equipment.1094 (7) The department may create exceptions by rule for tax 1095 collectors who cannot provide full driver’s license services due 1096 to the small population in the tax collectors’ county. 1097 Section 24. Subsections (9), (10), (13), (14), and (16) of 1098 section 322.20, Florida Statutes, are amended to read: 1099 322.20 Records of the department; fees; destruction of 1100 records.— 1101 (9) The department may, upon application, furnish to any 1102 person, from itstherecordsof the Division of Driver Licenses, 1103 a list of the names, addresses, and birth dates of the licensed 1104 drivers of the entire state or any portion thereof by age group. 1105 In addition, the department may furnish to the courts, for the 1106 purpose of establishing jury selection lists, the names, 1107 addresses, and birth dates of the persons of the entire state or 1108 any portion thereof by age group having identification cards 1109 issued by the department. Each person who requests such 1110 information shall pay a fee, set by the department, of 1 cent 1111 per name listed, except that the department shall furnish such 1112 information without charge to the courts for the purpose of jury 1113 selection or to any state agency or to any state attorney, 1114 sheriff, or chief of police. Such court, state agency, state 1115 attorney, or law enforcement agency may not sell, give away, or 1116 allow the copying of such information. Noncompliance with this 1117 prohibition shall authorize the department to charge the 1118 noncomplying court, state agency, state attorney, or law 1119 enforcement agency the appropriate fee for any subsequent lists 1120 requested. The department may adopt rules necessary to implement 1121 this subsection. 1122 (10) The departmentDivision of Driver Licensesis 1123 authorized, upon application of any person and payment of the 1124 proper fees, to search and to assist such person in the search 1125 of the records of the department and make reports thereof and to 1126 make photographic copies of the departmental records and 1127 attestations thereof. 1128 (13) The departmentDivision of Driver Licensesshall 1129 implement a system that allows either parent of a minor, or a 1130 guardian, or other responsible adult who signed a minor’s 1131 application for a driver’s license to have Internet access 1132 through a secure website to inspect the minor’s driver history 1133 record. Internet access to driver history records granted to a 1134 minor’s parents, guardian, or other responsible adult shall be 1135 furnished by the department at no fee and shall terminate when 1136 the minor attains 18 years of age. 1137 (14) The department is authorized in accordance with 1138 chapter 257 to destroy reports, records, documents, papers, and 1139 correspondencein the Division of Driver Licenseswhich are 1140 considered obsolete. 1141 (16) The creation and maintenance of records by the 1142 Division of Motorist Services within the departmentand the1143Division of Driver Licensespursuant to this chapter shall not 1144 be regarded as law enforcement functions of agency 1145 recordkeeping. 1146 Section 25. Section 322.202, Florida Statutes, is amended 1147 to read: 1148 322.202 Admission of evidence obtained from the Division of 1149 Motorist ServicesDriver Licenses and the Division of Motor1150Vehicles.— 1151 (1) The Legislature finds that the Division of Motorist 1152 ServicesDriver Licenses and the Division of Motor Vehiclesof 1153 the Department of Highway Safety and Motor Vehicles isarenot a 1154 law enforcement agencyagencies. The Legislature also finds that 1155 the division is not an adjunctdivisions are not adjunctsof any 1156 law enforcement agency in that employees have no stake in 1157 particular prosecutions. The Legislature further finds that 1158 errors in records maintained by the divisionsare not within the 1159 collective knowledge of any law enforcement agency. The 1160 Legislature also finds that the missions of the divisionof1161Driver Licenses, the Division of Motor Vehicles,and the 1162 Department of Highway Safety and Motor Vehicles provide a 1163 sufficient incentive to maintain records in a current and 1164 correct fashion. 1165 (2) The Legislature finds that the purpose of the 1166 exclusionary rule is to deter misconduct on the part of law 1167 enforcement officers and law enforcement agencies. 1168 (3) The Legislature finds that the application of the 1169 exclusionary rule to cases where a law enforcement officer 1170 effects an arrest based on objectively reasonable reliance on 1171 information obtained from the divisions is repugnant to the 1172 purposes of the exclusionary rule and contrary to the decisions 1173 of the United States Supreme Court in Arizona v. Evans, 514 U.S. 1174 1 (1995) and United States v. Leon, 468 U.S. 897 (1984). 1175 (4) In any case where a law enforcement officer effects an 1176 arrest based on objectively reasonable reliance on information 1177 obtained from the divisions, evidence found pursuant to such an 1178 arrest shall not be suppressed by application of the 1179 exclusionary rule on the grounds that the arrest is subsequently 1180 determined to be unlawful due to erroneous information obtained 1181 from the divisions. 1182 Section 26. Paragraphs (e) and (f) of subsection (1) and 1183 subsection (2) of section 322.21, Florida Statutes, are amended 1184 to read: 1185 322.21 License fees; procedure for handling and collecting 1186 fees.— 1187 (1) Except as otherwise provided herein, the fee for: 1188 (e) A replacement driver’s license issued pursuant to s. 1189 322.17 is $25. Of this amount $7 shall be deposited into the 1190 Highway Safety Operating Trust Fund and $18 shall be deposited 1191 into the General Revenue Fund. Beginning July 1, 2015, or upon 1192 completion of the transition of driver’s license issuance 1193 services, if the replacement driver’s license is issued by the 1194 tax collector, the tax collector shall retain the $7 that would 1195 otherwise be deposited into the Highway Safety Operating Trust 1196 Fund and the remaining revenues shall be deposited into the 1197 General Revenue Fund. 1198 (f) An original, renewal, or replacement identification 1199 card issued pursuant to s. 322.051 is $25. Funds collected from 1200 these fees shall be distributed as follows: 1201 1. For an original identification card issued pursuant to 1202 s. 322.051 the fee is $25. This amount shall be deposited into 1203 the General Revenue Fund. 1204 2. For a renewal identification card issued pursuant to s. 1205 322.051 the fee is $25. Of this amount, $6 shall be deposited 1206 into the Highway Safety Operating Trust Fund and $19 shall be 1207 deposited into the General Revenue Fund. 1208 3. For a replacement identification card issued pursuant to 1209 s. 322.051 the fee is $25. Of this amount, $9 shall be deposited 1210 into the Highway Safety Operating Trust Fund and $16 shall be 1211 deposited into the General Revenue Fund. Beginning July 1, 2015, 1212 or upon completion of the transition of the driver’s license 1213 issuance services, if the replacement identification card is 1214 issued by the tax collector, the tax collector shall retain the 1215 $9 that would otherwise be deposited into the Highway Safety 1216 Operating Trust Fund and the remaining revenues shall be 1217 deposited into the General Revenue Fund. 1218 (2) It is the duty of the director of the Division of 1219 Motorist ServicesDriver Licensesto set up a division in the 1220 department with the necessary personnel to perform the necessary 1221 clerical and routine work for the department in issuing and 1222 recording applications, licenses, and certificates of 1223 eligibility, including the receiving and accounting of all 1224 license funds and their payment into the State Treasury, and 1225 other incidental clerical work connected with the administration 1226 of this chapter. The department may use such electronic, 1227 mechanical, or other devices as necessary to accomplish the 1228 purposes of this chapter. 1229 Section 27. Subsection (8) is added to section 322.56, 1230 Florida Statutes, to read: 1231 322.56 Contracts for administration of driver’s license 1232 examination.— 1233 (8) The department shall contract with providers of 1234 approved online traffic law and substance abuse education 1235 courses to serve as third-party providers to conduct online, on 1236 behalf of the department, examinations required pursuant to ss. 1237 322.12 and 322.1615 to applicants for Class E learner’s driver’s 1238 licenses. 1239 (a) The online testing program shall: 1240 1. Use personal questions before the examination, which the 1241 applicant is required to answer during the examination, to 1242 strengthen test security to deter fraud; 1243 2. Require, before the start of the examination, the 1244 applicant’s parent, guardian, or other responsible adult who 1245 meets the requirements of s. 322.09 to provide the third-party 1246 administrator with his or her driver’s license number and to 1247 certify that the parent, guardian, or responsible adult will 1248 monitor the applicant during the examination; and 1249 3. Require, before issuance by the department of a 1250 learner’s driver’s license to an applicant who has passed an 1251 online examination, the applicant’s parent, guardian, or other 1252 responsible adult who meets the requirements of s. 322.09 to 1253 certify to the department that he or she monitored the applicant 1254 during the online examination. This certification shall be 1255 similar to the certification required by s. 322.05(3). This 1256 subsection does not preclude the department from continuing to 1257 provide written examinations at driver’s license facilities. 1258 (b) All data regarding an applicant’s completion of the 1259 examinations required in ss. 322.12 and 322.1615 must be 1260 submitted to the department electronically in a format specified 1261 by the department. This shall be the official documentation for 1262 the completion of the examination. A third-party provider that 1263 is found to be in violation of this paragraph is automatically 1264 ineligible to provide online testing on behalf of the department 1265 for a minimum of 1 year. 1266 (c) The department may adopt rules to administer this 1267 subsection. 1268 Section 28. Subsection (32) of section 334.044, Florida 1269 Statutes, is repealed. 1270 Section 29. Subsection (2) of section 413.012, Florida 1271 Statutes, is amended to read: 1272 413.012 Confidential records disclosure prohibited; 1273 exemptions.— 1274 (2) It is unlawful for any person to disclose, authorize 1275 the disclosure, solicit, receive, or make use of any list of 1276 names and addresses or any record containing any information set 1277 forth in subsection (1) and maintained in the division. The 1278 prohibition provided for in this subsection shall not apply to 1279 the use of such information for purposes directly connected with 1280 the administration of the vocational rehabilitation program or 1281 with the monthly dispatch to the Division of Motorist Services 1282Driver Licensesof the Department of Highway Safety and Motor 1283 Vehicles of the name in full, place and date of birth, sex, 1284 social security number, and resident address of individuals with 1285 central visual acuity 20/200 or less in the better eye with 1286 correcting glasses, or a disqualifying field defect in which the 1287 peripheral field has contracted to such an extent that the 1288 widest diameter or visual field subtends an angular distance no 1289 greater than 20 degrees. When requested in writing by an 1290 applicant or client, or her or his representative, the Division 1291 of Blind Services shall release confidential information to the 1292 applicant or client or her or his representative. 1293 Section 30. Paragraph (c) of subsection (3) of section 1294 921.0022, Florida Statutes, is amended to read: 1295 921.0022 Criminal Punishment Code; offense severity ranking 1296 chart.— 1297 (3) OFFENSE SEVERITY RANKING CHART 1298 (c) LEVEL 3 1299 FloridaStatute FelonyDegree Description 1300 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 1301 316.066 (3)(4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 1302 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 1303 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 1304 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 1305 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 1306 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 1307 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 1308 327.35(2)(b) 3rd Felony BUI. 1309 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 1310 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 1311 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 1312 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 1313 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 1314 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information. 1315 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 1316 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 1317 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 1318 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 1319 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 1320 697.08 3rd Equity skimming. 1321 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 1322 796.05(1) 3rd Live on earnings of a prostitute. 1323 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 1324 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 1325 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 1326 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 1327 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 1328 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 1329 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 1330 817.233 3rd Burning to defraud insurer. 1331 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 1332 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 1333 817.236 3rd Filing a false motor vehicle insurance application. 1334 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 1335 817.413(2) 3rd Sale of used goods as new. 1336 817.505(4) 3rd Patient brokering. 1337 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 1338 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 1339 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards. 1340 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 1341 843.19 3rd Injure, disable, or kill police dog or horse. 1342 860.15(3) 3rd Overcharging for repairs and parts. 1343 870.01(2) 3rd Riot; inciting or encouraging. 1344 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 1345 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 1346 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 1347 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 1348 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 1349 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 1350 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 1351 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 1352 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 1353 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 1354 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 1355 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 1356 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 1357 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility. 1358 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 1359 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 1360 Section 31. Effective July 1, 2011, a Law Enforcement 1361 Consolidation Task Force is created. 1362 (1) Members of the task force shall consist of the 1363 executive director of the Department of Highway Safety and Motor 1364 Vehicles, the executive director of the Department of Law 1365 Enforcement, a representative from the Office of the Attorney 1366 General, a representative from the Department of Agriculture and 1367 Consumer Services, the Colonel of the Florida Highway Patrol, 1368 the Colonel of the Division of Law Enforcement of the Fish and 1369 Wildlife Conservation Commission, a representative from the 1370 Florida Sheriffs Association, and a representative from the 1371 Florida Police Chiefs Association. 1372 (2) The Department of Highway Safety and Motor Vehicles 1373 shall provide administrative assistance to the task force. 1374 However, this does not include travel expenses incurred by 1375 members of the task force, which shall be borne by the agency 1376 that the member represents. 1377 (3) The task force shall evaluate any duplication of law 1378 enforcement functions throughout state government and identify 1379 any functions that are appropriate for possible consolidation. 1380 The task force shall also evaluate administrative functions, 1381 including, but not limited to, accreditation, training, legal 1382 representation, vehicle fleets, aircraft, civilian-support 1383 staffing, information technology, and geographic regions, 1384 districts, or troops currently in use. The task force shall also 1385 evaluate whether the Florida Highway Patrol should limit its 1386 jurisdiction, except while in fresh pursuit, to the State 1387 Highway System or the Florida Intrastate Highway System. If the 1388 task force concludes that any state law enforcement 1389 consolidation is appropriate, the task force shall make 1390 recommendations and submit a plan to consolidate those state law 1391 enforcement responsibilities. Any plan submitted must include 1392 recommendations on the methodology to be used to achieve any 1393 state law enforcement consolidation recommended by the task 1394 force by June 30, 2013. The task force shall submit to the 1395 President of the Senate and the Speaker of the House of 1396 Representatives a report which includes any recommendations and 1397 plan developed by the task force by December 31, 2011. The task 1398 force expires June 30, 2012. 1399 Section 32. (1) The Office of Motor Carrier Compliance of 1400 the Department of Transportation is transferred to the Division 1401 of the Florida Highway Patrol of the Department of Highway 1402 Safety and Motor Vehicles as provided in Senate Bill 2000 of the 1403 General Appropriations Act for the 2011-2012 fiscal year. 1404 (2) Notwithstanding ss. 216.192 and 216.351, Florida 1405 Statutes, upon approval by the Legislative Budget Commission, 1406 the Executive Office of the Governor may transfer funds and 1407 positions between agencies to implement this section. 1408 Section 33. This act shall take effect July 1, 2011.