_h1573__
HB 1573

1
A bill to be entitled
2An act relating to motor vehicles; amending s. 316.193,
3F.S.; revising the vehicles upon which an ignition
4interlock device must be installed upon a conviction for
5which such placement is ordered; amending s. 316.1937,
6F.S.; setting forth the standard to be used by the court
7in determining whether a person is able to pay for an
8ignition interlock device; requiring a person who uses a
9vehicle equipped with an ignition interlock device to
10obtain an ignition interlock-restricted driver's license
11from the Department of Highway Safety and Motor Vehicles;
12requiring a court to extend the time an offender must use
13an ignition interlock device if the offender requests or
14solicits any other person to blow into an ignition
15interlock device in place of the offender; amending s.
16320.08, F.S.; decreasing the annual license taxes for the
17operation of certain vehicles; amending s. 322.21, F.S.;
18decreasing certain driver's license fees; deleting fees
19for requesting a review or hearing related to the
20cancellation of a driver's license; amending s. 322.2715,
21F.S.; increasing the fee imposed for installing an
22ignition interlock device; amending s. 322.28, F.S.;
23authorizing a person convicted of driving under the
24influence of alcohol or chemical substances to petition
25the court to approve receipt of a restricted driver's
26license under certain circumstances and with specified
27conditions; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (a) of subsection (2) and paragraph
32(c) of subsection (4) of section 316.193, Florida Statutes, are
33amended to read:
34     316.193  Driving under the influence; penalties.-
35     (2)(a)  Except as provided in paragraph (b), subsection
36(3), or subsection (4), any person who is convicted of a
37violation of subsection (1) shall be punished:
38     1.  By a fine of:
39     a.  Not less than $500 or more than $1,000 for a first
40conviction.
41     b.  Not less than $1,000 or more than $2,000 for a second
42conviction; and
43     2.  By imprisonment for:
44     a.  Not more than 6 months for a first conviction.
45     b.  Not more than 9 months for a second conviction.
46     3.  For a second conviction, by placing mandatory placement
47for a period of at least 1 year, at the convicted person's sole
48expense, of an ignition interlock device approved by the
49department in accordance with s. 316.1938 upon any vehicle all
50vehicles that are individually or jointly leased or owned and
51routinely operated by the convicted person, if when the
52convicted person qualifies for a permanent or restricted
53license. The installation of such device may not occur before
54July 1, 2003.
55     (4)  Any person who is convicted of a violation of
56subsection (1) and who has a blood-alcohol level or breath-
57alcohol level of 0.15 or higher, or any person who is convicted
58of a violation of subsection (1) and who at the time of the
59offense was accompanied in the vehicle by a person under the age
60of 18 years, shall be punished:
61     (c)  In addition to the penalties in paragraphs (a) and
62(b), the court shall order the mandatory placement, at the
63convicted person's sole expense, of an ignition interlock device
64approved by the department in accordance with s. 316.1938 upon
65any vehicle all vehicles that are individually or jointly leased
66or owned and routinely operated by the convicted person for not
67less than 6 continuous months for the first offense and for not
68less than 2 continuous years for a second offense, when the
69convicted person qualifies for a permanent or restricted
70license.
71     Section 2.  Subsection (2) and paragraph (b) of subsection
72(6) of section 316.1937, Florida Statutes, are amended to read:
73     316.1937  Ignition interlock devices, requiring; unlawful
74acts.-
75     (2)  When If the court imposes the use of an ignition
76interlock device, the court shall:
77     (a)  Stipulate on the record the requirement for, and the
78period of, the use of a certified ignition interlock device.
79     (b)  Order that the records of the department reflect such
80requirement.
81     (c)  Order that an ignition interlock device be installed,
82as the court may determine necessary, on any vehicle owned or
83operated by the person.
84     (d)  Determine the person's ability to pay for installation
85of the device if the person claims inability to pay. The court
86shall base its determination on an objective standard of the
87convicted person's eligibility for representation by a public
88defender or eligibility for food stamps. If the court determines
89that the person is unable to pay for installation of the device,
90the court may order that any portion of a fine paid by the
91person for a violation of s. 316.193 shall be allocated to
92defray the costs of installing the device.
93     (e)  Require proof of installation of the device and
94periodic reporting to the department for verification of the
95operation of the device in the person's vehicle.
96     (f)  Require that anyone who is required to use a vehicle
97equipped with an ignition interlock device first obtain a
98license from the department which clearly states that the driver
99of the vehicle is restricted to operating a vehicle equipped
100with an ignition interlock device.
101     (6)
102     (b)  It is unlawful for any person whose driving privilege
103is restricted pursuant to this section to request or solicit any
104other person to blow into an ignition interlock device or to
105start a motor vehicle equipped with the device for the purpose
106of providing the person so restricted with an operable motor
107vehicle. A court shall extend the time that an offender is
108required to use an ignition interlock device for at least 3
109months but not more than 6 months if an offender violates this
110paragraph.
111     Section 3.  Section 320.08, Florida Statutes, is amended to
112read:
113     320.08  License taxes.-Except as otherwise provided herein,
114there are hereby levied and imposed annual license taxes for the
115operation of motor vehicles, mopeds, motorized bicycles as
116defined in s. 316.003(2), and mobile homes, as defined in s.
117320.01, which shall be paid to and collected by the department
118or its agent upon the registration or renewal of registration of
119the following:
120     (1)  MOTORCYCLES AND MOPEDS.-
121     (a)  Any motorcycle: $10 $13.50 flat, of which $3.50 shall
122be deposited into the General Revenue Fund.
123     (b)  Any moped: $5 $6.75 flat, of which $1.75 shall be
124deposited into the General Revenue Fund.
125     (c)  Upon registration of any motorcycle, motor-driven
126cycle, or moped there shall be paid in addition to the license
127taxes specified in this subsection a nonrefundable motorcycle
128safety education fee in the amount of $2.50. The proceeds of
129such additional fee shall be deposited in the Highway Safety
130Operating Trust Fund to fund a motorcycle driver improvement
131program implemented pursuant to s. 322.025, the Florida
132Motorcycle Safety Education Program established in s. 322.0255,
133or the general operations of the department.
134     (d)  An ancient or antique motorcycle: $10 $13.50 flat, of
135which $3.50 shall be deposited into the General Revenue Fund.
136     (2)  AUTOMOBILES FOR PRIVATE USE.-
137     (a)  An ancient or antique automobile, as defined in s.
138320.086, or a street rod, as defined in s. 320.0863: $7.50
139$10.25 flat, of which $2.75 shall be deposited into the General
140Revenue Fund.
141     (b)  Net weight of less than 2,500 pounds: $14.50 $19.50
142flat, of which $5 shall be deposited into the General Revenue
143Fund.
144     (c)  Net weight of 2,500 pounds or more, but less than
1453,500 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
146into the General Revenue Fund.
147     (d)  Net weight of 3,500 pounds or more: $32.50 $44 flat,
148of which $11.50 shall be deposited into the General Revenue
149Fund.
150     (3)  TRUCKS.-
151     (a)  Net weight of less than 2,000 pounds: $14.50 $19.50
152flat, of which $5 shall be deposited into the General Revenue
153Fund.
154     (b)  Net weight of 2,000 pounds or more, but not more than
1553,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
156into the General Revenue Fund.
157     (c)  Net weight more than 3,000 pounds, but not more than
1585,000 pounds: $32.50 $44 flat, of which $11.50 shall be
159deposited into the General Revenue Fund.
160     (d)  A truck defined as a "goat," or any other vehicle if
161used in the field by a farmer or in the woods for the purpose of
162harvesting a crop, including naval stores, during such
163harvesting operations, and which is not principally operated
164upon the roads of the state: $7.50 $10.25 flat, of which $2.75
165shall be deposited into the General Revenue Fund. A "goat" is a
166motor vehicle designed, constructed, and used principally for
167the transportation of citrus fruit within citrus groves or for
168the transportation of crops on farms, and which can also be used
169for the hauling of associated equipment or supplies, including
170required sanitary equipment, and the towing of farm trailers.
171     (e)  An ancient or antique truck, as defined in s. 320.086:
172$7.50 $10.25 flat, of which $2.75 shall be deposited into the
173General Revenue Fund.
174     (4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
175VEHICLE WEIGHT.-
176     (a)  Gross vehicle weight of 5,001 pounds or more, but less
177than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
178deposited into the General Revenue Fund.
179     (b)  Gross vehicle weight of 6,000 pounds or more, but less
180than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
181deposited into the General Revenue Fund.
182     (c)  Gross vehicle weight of 8,000 pounds or more, but less
183than 10,000 pounds: $76 $103 flat, of which $27 shall be
184deposited into the General Revenue Fund.
185     (d)  Gross vehicle weight of 10,000 pounds or more, but
186less than 15,000 pounds: $87 $118 flat, of which $31 shall be
187deposited into the General Revenue Fund.
188     (e)  Gross vehicle weight of 15,000 pounds or more, but
189less than 20,000 pounds: $131 $177 flat, of which $46 shall be
190deposited into the General Revenue Fund.
191     (f)  Gross vehicle weight of 20,000 pounds or more, but
192less than 26,001 pounds: $186 $251 flat, of which $65 shall be
193deposited into the General Revenue Fund.
194     (g)  Gross vehicle weight of 26,001 pounds or more, but
195less than 35,000: $240 $324 flat, of which $84 shall be
196deposited into the General Revenue Fund.
197     (h)  Gross vehicle weight of 35,000 pounds or more, but
198less than 44,000 pounds: $300 $405 flat, of which $105 shall be
199deposited into the General Revenue Fund.
200     (i)  Gross vehicle weight of 44,000 pounds or more, but
201less than 55,000 pounds: $572 $773 flat, of which $201 shall be
202deposited into the General Revenue Fund.
203     (j)  Gross vehicle weight of 55,000 pounds or more, but
204less than 62,000 pounds: $678 $916 flat, of which $238 shall be
205deposited into the General Revenue Fund.
206     (k)  Gross vehicle weight of 62,000 pounds or more, but
207less than 72,000 pounds: $800 $1,080 flat, of which $280 shall
208be deposited into the General Revenue Fund.
209     (l)  Gross vehicle weight of 72,000 pounds or more: $979
210$1,322 flat, of which $343 shall be deposited into the General
211Revenue Fund.
212     (m)  Notwithstanding the declared gross vehicle weight, a
213truck tractor used within a 150-mile radius of its home address
214is eligible for a license plate for a fee of $240 $324 flat if:
215     1.  The truck tractor is used exclusively for hauling
216forestry products; or
217     2.  The truck tractor is used primarily for the hauling of
218forestry products, and is also used for the hauling of
219associated forestry harvesting equipment used by the owner of
220the truck tractor.
221
222Of the fee imposed by this paragraph, $84 shall be deposited
223into the General Revenue Fund.
224     (n)  A truck tractor or heavy truck, not operated as a for-
225hire vehicle, which is engaged exclusively in transporting raw,
226unprocessed, and nonmanufactured agricultural or horticultural
227products within a 150-mile radius of its home address, is
228eligible for a restricted license plate for a fee of:
229     1.  If such vehicle's declared gross vehicle weight is less
230than 44,000 pounds,$65 $87.75 flat, of which $22.75 shall be
231deposited into the General Revenue Fund.
232     2.  If such vehicle's declared gross vehicle weight is
23344,000 pounds or more and such vehicle only transports from the
234point of production to the point of primary manufacture; to the
235point of assembling the same; or to a shipping point of a rail,
236water, or motor transportation company, $240 $324 flat, of which
237$84 shall be deposited into the General Revenue Fund.
238
239Such not-for-hire truck tractors and heavy trucks used
240exclusively in transporting raw, unprocessed, and
241nonmanufactured agricultural or horticultural products may be
242incidentally used to haul farm implements and fertilizers
243delivered direct to the growers. The department may require any
244documentation deemed necessary to determine eligibility prior to
245issuance of this license plate. For the purpose of this
246paragraph, "not-for-hire" means the owner of the motor vehicle
247must also be the owner of the raw, unprocessed, and
248nonmanufactured agricultural or horticultural product, or the
249user of the farm implements and fertilizer being delivered.
250     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
251SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
252     (a)1.  A semitrailer drawn by a GVW truck tractor by means
253of a fifth-wheel arrangement: $10 $13.50 flat per registration
254year or any part thereof, of which $3.50 shall be deposited into
255the General Revenue Fund.
256     2.  A semitrailer drawn by a GVW truck tractor by means of
257a fifth-wheel arrangement: $50 $68 flat per permanent
258registration, of which $18 shall be deposited into the General
259Revenue Fund.
260     (b)  A motor vehicle equipped with machinery and designed
261for the exclusive purpose of well drilling, excavation,
262construction, spraying, or similar activity, and which is not
263designed or used to transport loads other than the machinery
264described above over public roads: $32.50 $44 flat, of which
265$11.50 shall be deposited into the General Revenue Fund.
266     (c)  A school bus used exclusively to transport pupils to
267and from school or school or church activities or functions
268within their own county: $30 $41 flat, of which $11 shall be
269deposited into the General Revenue Fund.
270     (d)  A wrecker, as defined in s. 320.01(40), which is used
271to tow a vessel as defined in s. 327.02(39), a disabled,
272abandoned, stolen-recovered, or impounded motor vehicle as
273defined in s. 320.01(38), or a replacement motor vehicle as
274defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
275deposited into the General Revenue Fund.
276     (e)  A wrecker that is used to tow any motor vehicle,
277regardless of whether such motor vehicle is a disabled motor
278vehicle, a replacement motor vehicle, a vessel, or any other
279cargo, as follows:
280     1.  Gross vehicle weight of 10,000 pounds or more, but less
281than 15,000 pounds: $87 $118 flat, of which $31 shall be
282deposited into the General Revenue Fund.
283     2.  Gross vehicle weight of 15,000 pounds or more, but less
284than 20,000 pounds:$131 $177 flat, of which $46 shall be
285deposited into the General Revenue Fund.
286     3.  Gross vehicle weight of 20,000 pounds or more, but less
287than 26,000 pounds: $186 $251 flat, of which $65 shall be
288deposited into the General Revenue Fund.
289     4.  Gross vehicle weight of 26,000 pounds or more, but less
290than 35,000 pounds: $240 $324 flat, of which $84 shall be
291deposited into the General Revenue Fund.
292     5.  Gross vehicle weight of 35,000 pounds or more, but less
293than 44,000 pounds: $300 $405 flat, of which $105 shall be
294deposited into the General Revenue Fund.
295     6.  Gross vehicle weight of 44,000 pounds or more, but less
296than 55,000 pounds: $572 $772 flat, of which $200 shall be
297deposited into the General Revenue Fund.
298     7.  Gross vehicle weight of 55,000 pounds or more, but less
299than 62,000 pounds: $678 $915 flat, of which $237 shall be
300deposited into the General Revenue Fund.
301     8.  Gross vehicle weight of 62,000 pounds or more, but less
302than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
303deposited into the General Revenue Fund.
304     9.  Gross vehicle weight of 72,000 pounds or more: $979
305$1,322 flat, of which $343 shall be deposited into the General
306Revenue Fund.
307     (f)  A hearse or ambulance: $30 $40.50 flat, of which
308$10.50 shall be deposited into the General Revenue Fund.
309     (6)  MOTOR VEHICLES FOR HIRE.-
310     (a)  Under nine passengers: $12.50 $17 flat, of which $4.50
311shall be deposited into the General Revenue Fund; plus $1 $1.50
312per cwt, of which 50 cents shall be deposited into the General
313Revenue Fund.
314     (b)  Nine passengers and over: $12.50 $17 flat, of which
315$4.50 shall be deposited into the General Revenue Fund; plus
316$1.50 $2 per cwt, of which 50 cents shall be deposited into the
317General Revenue Fund.
318     (7)  TRAILERS FOR PRIVATE USE.-
319     (a)  Any trailer weighing 500 pounds or less: $5 $6.75 flat
320per year or any part thereof, of which $1.75 shall be deposited
321into the General Revenue Fund.
322     (b)  Net weight over 500 pounds: $2.50 $3.50 flat, of which
323$1 shall be deposited into the General Revenue Fund; plus 75
324cents $1 per cwt, of which 25 cents shall be deposited into the
325General Revenue Fund.
326     (8)  TRAILERS FOR HIRE.-
327     (a)  Net weight under 2,000 pounds: $2.50 $3.50 flat, of
328which $1 shall be deposited into the General Revenue Fund; plus
329$1 $1.50 per cwt, of which 50 cents shall be deposited into the
330General Revenue Fund.
331     (b)  Net weight 2,000 pounds or more: $10 $13.50 flat, of
332which $3.50 shall be deposited into the General Revenue Fund;
333plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
334the General Revenue Fund.
335     (9)  RECREATIONAL VEHICLE-TYPE UNITS.-
336     (a)  A travel trailer or fifth-wheel trailer, as defined by
337s. 320.01(1)(b), which that does not exceed 35 feet in length:
338$20 $27 flat, of which $7 shall be deposited into the General
339Revenue Fund.
340     (b)  A camping trailer, as defined by s. 320.01(1)(b)2.:
341$10 $13.50 flat, of which $3.50 shall be deposited into the
342General Revenue Fund.
343     (c)  A motor home, as defined by s. 320.01(1)(b)4.:
344     1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
345which $7 shall be deposited into the General Revenue Fund.
346     2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
347which $12.25 shall be deposited into the General Revenue Fund.
348     (d)  A truck camper as defined by s. 320.01(1)(b)3.:
349     1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
350which $7 shall be deposited into the General Revenue Fund.
351     2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
352which $12.25 shall be deposited into the General Revenue Fund.
353     (e)  A private motor coach as defined by s. 320.01(1)(b)5.:
354     1.  Net weight of less than 4,500 pounds: $20 $27 flat, of
355which $7 shall be deposited into the General Revenue Fund.
356     2.  Net weight of 4,500 pounds or more: $35 $47.25 flat, of
357which $12.25 shall be deposited into the General Revenue Fund.
358     (10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
35935 FEET TO 40 FEET.-
360     (a)  Park trailers.-Any park trailer, as defined in s.
361320.01(1)(b)7.: $25 flat.
362     (b)  A travel trailer or fifth-wheel trailer, as defined in
363s. 320.01(1)(b), which that exceeds 35 feet: $25 flat.
364     (11)  MOBILE HOMES.-
365     (a)  A mobile home not exceeding 35 feet in length: $20
366flat.
367     (b)  A mobile home over 35 feet in length, but not
368exceeding 40 feet: $25 flat.
369     (c)  A mobile home over 40 feet in length, but not
370exceeding 45 feet: $30 flat.
371     (d)  A mobile home over 45 feet in length, but not
372exceeding 50 feet: $35 flat.
373     (e)  A mobile home over 50 feet in length, but not
374exceeding 55 feet: $40 flat.
375     (f)  A mobile home over 55 feet in length, but not
376exceeding 60 feet: $45 flat.
377     (g)  A mobile home over 60 feet in length, but not
378exceeding 65 feet: $50 flat.
379     (h)  A mobile home over 65 feet in length: $80 flat.
380     (12)  DEALER AND MANUFACTURER LICENSE PLATES.-A franchised
381motor vehicle dealer, independent motor vehicle dealer, marine
382boat trailer dealer, or mobile home dealer and manufacturer
383license plate: $12.50 $17 flat, of which $4.50 shall be
384deposited into the General Revenue Fund.
385     (13)  EXEMPT OR OFFICIAL LICENSE PLATES.-Any exempt or
386official license plate: $3 $4 flat, of which $1 shall be
387deposited into the General Revenue Fund.
388     (14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.-A motor
389vehicle for hire operated wholly within a city or within 25
390miles thereof: $12.50 $17 flat, of which $4.50 shall be
391deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
392of which 50 cents shall be deposited into the General Revenue
393Fund.
394     (15)  TRANSPORTER.-Any transporter license plate issued to
395a transporter pursuant to s. 320.133: $75 $101.25 flat, of which
396$26.25 shall be deposited into the General Revenue Fund.
397     Section 4.  Subsections (1), (8), and (9) of section
398322.21, Florida Statutes, are amended to read:
399     322.21  License fees; procedure for handling and collecting
400fees.-
401     (1)  Except as otherwise provided herein, the fee for:
402     (a)  An original or renewal commercial driver's license is
403$67 $75, which shall include the fee for driver education
404provided by s. 1003.48. However, if an applicant has completed
405training and is applying for employment or is currently employed
406in a public or nonpublic school system that requires the
407commercial license, the fee is the same as for a Class E
408driver's license. A delinquent fee of $1 $15 shall be added for
409a renewal within 12 months after the license expiration date.
410     (b)  An original Class E driver's license is $27 $48, which
411includes the fee for driver's education provided by s. 1003.48.
412However, if an applicant has completed training and is applying
413for employment or is currently employed in a public or nonpublic
414school system that requires a commercial driver license, the fee
415is the same as for a Class E license.
416     (c)  The renewal or extension of a Class E driver's license
417or of a license restricted to motorcycle use only is $20 $48,
418except that a delinquent fee of $1 $15 shall be added for a
419renewal or extension made within 12 months after the license
420expiration date. The fee provided in this paragraph includes the
421fee for driver's education provided by s. 1003.48.
422     (d)  An original driver's license restricted to motorcycle
423use only is $27 $48, which includes the fee for driver's
424education provided by s. 1003.48.
425     (e)  A replacement driver's license issued pursuant to s.
426322.17 is $10 $25. Of this amount $7 shall be deposited into the
427Highway Safety Operating Trust Fund and $3 $18 shall be
428deposited into the General Revenue Fund.
429     (f)  An original, renewal, or replacement identification
430card issued pursuant to s. 322.051 is $10 $25. Funds collected
431from these fees shall be distributed as follows:
432     1.  For an original identification card issued pursuant to
433s. 322.051 the fee is $10 $25. This amount shall be deposited
434into the General Revenue Fund.
435     2.  For a renewal identification card issued pursuant to s.
436322.051 the fee is $10 $25. Of this amount, $6 shall be
437deposited into the Highway Safety Operating Trust Fund and $4
438$19 shall be deposited into the General Revenue Fund.
439     3.  For a replacement identification card issued pursuant
440to s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
441deposited into the Highway Safety Operating Trust Fund and $1
442$16 shall be deposited into the General Revenue Fund.
443     (g)  Each endorsement required by s. 322.57 is $7.
444     (h)  A hazardous-materials endorsement, as required by s.
445322.57(1)(d), shall be set by the department by rule and must
446reflect the cost of the required criminal history check,
447including the cost of the state and federal fingerprint check,
448and the cost to the department of providing and issuing the
449license. The fee shall not exceed $100. This fee shall be
450deposited in the Highway Safety Operating Trust Fund. The
451department may adopt rules to administer this section.
452     (8)  Any person who applies for reinstatement following the
453suspension or revocation of the person's driver's license must
454pay a service fee of $35 $45 following a suspension, and $60 $75
455following a revocation, which is in addition to the fee for a
456license. Any person who applies for reinstatement of a
457commercial driver's license following the disqualification of
458the person's privilege to operate a commercial motor vehicle
459shall pay a service fee of $60 $75, which is in addition to the
460fee for a license. The department shall collect all of these
461fees at the time of reinstatement. The department shall issue
462proper receipts for such fees and shall promptly transmit all
463funds received by it as follows:
464     (a)  Of the $35 $45 fee received from a licensee for
465reinstatement following a suspension, the department shall
466deposit $15 in the General Revenue Fund and $20 $30 in the
467Highway Safety Operating Trust Fund.
468     (b)  Of the $60 $75 fee received from a licensee for
469reinstatement following a revocation or disqualification, the
470department shall deposit $35 in the General Revenue Fund and $25
471$40 in the Highway Safety Operating Trust Fund.
472     (9)  An applicant:
473     (a)  Requesting a review authorized in s. 322.222, s.
474322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
475fee of $25 to be deposited into the Highway Safety Operating
476Trust Fund.
477     (b)  Petitioning the department for a hearing authorized in
478s. 322.271 must pay a filing fee of $12 to be deposited into the
479Highway Safety Operating Trust Fund.
480
481If the revocation or suspension of the driver's license was for
482a violation of s. 316.193, or for refusal to submit to a lawful
483breath, blood, or urine test, an additional fee of $115 $130
484must be charged. However, only one $115 $130 fee may be
485collected from one person convicted of violations arising out of
486the same incident. The department shall collect the $130 fee and
487deposit the fee into the Highway Safety Operating Trust Fund at
488the time of reinstatement of the person's driver's license, but
489the fee may not be collected if the suspension or revocation is
490overturned. If the revocation or suspension of the driver's
491license was for a conviction for a violation of s. 817.234(8) or
492(9) or s. 817.505, an additional fee of $180 is imposed for each
493offense. The department shall collect and deposit the additional
494fee into the Highway Safety Operating Trust Fund at the time of
495reinstatement of the person's driver's license.
496     Section 5.  Subsection (5) of section 322.2715, Florida
497Statutes, is amended to read:
498     322.2715  Ignition interlock device.-
499     (5)  In addition to any fees authorized by rule for the
500installation and maintenance of the ignition interlock device,
501the authorized installer of the device shall collect and remit
502$15 $12 for each installation to the department, which shall be
503deposited into the Highway Safety Operating Trust Fund to be
504used for the operation of the Ignition Interlock Device Program.
505     Section 6.  Paragraph (a) of subsection (2) of section
506322.28, Florida Statutes, is amended to read:
507     322.28  Period of suspension or revocation.-
508     (2)  In a prosecution for a violation of s. 316.193 or
509former s. 316.1931, the following provisions apply:
510     (a)  Upon conviction of the driver, the court, along with
511imposing sentence, shall revoke the driver's license or driving
512privilege of the person so convicted, effective on the date of
513conviction, and shall prescribe the period of such revocation in
514accordance with the following provisions:
515     1.  Upon a first conviction for a violation of the
516provisions of s. 316.193, except a violation resulting in death,
517the driver's license or driving privilege shall be revoked for
518not less than 180 days or more than 1 year. No sooner than 30
519days after conviction, the offender may petition the court for
520approval of a restricted driver's license upon the condition
521that the offender operate only a vehicle that is equipped with a
522functioning and approved ignition interlock device certified to
523be in compliance with s. 316.1938.
524     2.  Upon a second conviction for an offense that occurs
525within a period of 5 years after the date of a prior conviction
526for a violation of the provisions of s. 316.193 or former s.
527316.1931 or a combination of such sections, the driver's license
528or driving privilege shall be revoked for not less than 5 years.
529No sooner than 180 days after conviction, the offender may
530petition the court for approval of a restricted driver's license
531upon the condition that the offender operate only a vehicle that
532is equipped with a functioning and approved ignition interlock
533device certified to be in compliance with s. 316.1938.
534     3.  Upon a third conviction for an offense that occurs
535within a period of 10 years after the date of a prior conviction
536for the violation of the provisions of s. 316.193 or former s.
537316.1931 or a combination of such sections, the driver's license
538or driving privilege shall be revoked for not less than 10
539years. No sooner than 360 days after conviction, the offender
540may petition the court for approval of a restricted driver's
541license upon the condition that the offender operate only a
542vehicle that is equipped with a functioning and approved
543ignition interlock device certified to be in compliance with s.
544316.1938.
545
546For the purposes of this paragraph, a previous conviction
547outside this state for driving under the influence, driving
548while intoxicated, driving with an unlawful blood-alcohol level,
549or any other alcohol-related or drug-related traffic offense
550similar to the offense of driving under the influence as
551proscribed by s. 316.193 will be considered a previous
552conviction for violation of s. 316.193, and a conviction for
553violation of former s. 316.028, former s. 316.1931, or former s.
554860.01 is considered a conviction for violation of s. 316.193.
555     Section 7.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.

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