December 04, 2020
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       Florida Senate - 2010                             CS for SB 1438
       
       
       
       By the Committee on Transportation and Economic Development
       Appropriations; and Senator Fasano
       
       
       
       606-03280-10                                          20101438c1
    1                        A bill to be entitled                      
    2         An act relating to highway safety; amending s.
    3         316.066, F.S.; removing provisions requiring the
    4         driver of a vehicle that is involved in a crash
    5         resulting in bodily injury to or the death of any
    6         person or damage to any vehicle or other property to
    7         forward a written report of the crash to the
    8         Department of Highway Safety and Motor Vehicles within
    9         a specified time; requiring every law enforcement
   10         officer who investigates a motor vehicle crash to
   11         complete and submit to the department a Florida
   12         Traffic Crash Report, Long Form, within a specified
   13         time under certain circumstances; providing that in
   14         cases in which a Florida Traffic Crash Report, Long
   15         Form, is not required, the law enforcement officer may
   16         complete a short-form crash report or provide a short
   17         form crash report to be completed by each party
   18         involved in the crash; requiring the driver of a
   19         vehicle that is involved in a crash that results in
   20         damage to any vehicle or other property in an amount
   21         of at least $500 and that is not investigated by a law
   22         enforcement agency to forward a written report of the
   23         crash to the local law enforcement agency within a
   24         specified time; requiring the local law enforcement
   25         agency to maintain the short-form crash reports
   26         prepared by law enforcement officers or parties
   27         involved in the crash; amending s. 320.05, F.S.;
   28         requiring that certain fees be imposed for electronic
   29         access to registration data provided through the tax
   30         collector’s office; requiring that the fees be
   31         deposited into the Highway Safety Operating Trust Fund
   32         in the Department of Highway Safety and Motor
   33         Vehicles; amending s. 321.25, F.S.; authorizing the
   34         Department of Highway Safety and Motor Vehicles to
   35         charge a fee to persons attending certain training
   36         events; amending s. 322.02, F.S.; revising legislative
   37         intent relating to the transition of all driver’s
   38         license services from the department to the county tax
   39         collectors by a specified date; amending s. 322.135,
   40         F.S.; requiring the department to authorize any or all
   41         tax collectors in the state to serve as agents for the
   42         department by providing certain specified driver’s
   43         license services; requiring the department, in
   44         conjunction with the Tax Collectors’ Association, to
   45         develop a plan to provide for the transition of all
   46         driver’s license issuance services to the county tax
   47         collectors who are constitutional officers; requiring
   48         that the plan be submitted to the President of the
   49         Senate and the Speaker of the House of Representatives
   50         by a specified date; removing obsolete provisions
   51         relating to the issuance of driver’s licenses by the
   52         county tax collector; amending s. 322.20, F.S.;
   53         authorizing the Department of Highway Safety and Motor
   54         Vehicles to charge a fee for searching for an
   55         individual’s driver history record that is not on file
   56         or that meets requested criteria; authorizing the
   57         county clerks of court and certain tax collectors to
   58         provide driver records to any person requesting such
   59         records and to assess a fee for such service; amending
   60         ss. 322.2615, 324.051, and 921.0022, F.S.; conforming
   61         cross-references; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 316.066, Florida Statutes, amended to
   66  read:
   67         316.066 Written reports of crashes.—
   68         (1)The driver of a vehicle which is in any manner involved
   69  in a crash resulting in bodily injury to or death of any person
   70  or damage to any vehicle or other property in an apparent amount
   71  of at least $500 shall, within 10 days after the crash, forward
   72  a written report of such crash to the department or traffic
   73  records center. However, when the investigating officer has made
   74  a written report of the crash pursuant to subsection (3), no
   75  written report need be forwarded to the department or traffic
   76  records center by the driver.
   77         (2)The receiving entity may require any driver of a
   78  vehicle involved in a crash of which a written report must be
   79  made as provided in this section to file supplemental written
   80  reports whenever the original report is insufficient in the
   81  opinion of the department and may require witnesses of crashes
   82  to render reports to the department.
   83         (1)(3)(a) Every law enforcement officer who in the regular
   84  course of duty investigates a motor vehicle crash shall complete
   85  and submit to the department a Florida Traffic Crash Report,
   86  Long Form, no later than 10 days after completing the
   87  investigation:
   88         1. Which crash resulted in death or personal injury shall,
   89  within 10 days after completing the investigation, forward a
   90  written report of the crash to the department or traffic records
   91  center.
   92         2. Which crash involved a violation of s. 316.061(1) or s.
   93  316.193 shall, within 10 days after completing the
   94  investigation, forward a written report of the crash to the
   95  department or traffic records center.
   96         3. In which crash a vehicle was rendered inoperative to a
   97  degree that which required a wrecker to remove it from traffic
   98  may, within 10 days after completing the investigation, forward
   99  a written report of the crash to the department or traffic
  100  records center if such action is appropriate, in the officer’s
  101  discretion.
  102         (b) In every case in which a Florida Traffic Crash Report,
  103  Long Form, crash report is not required by this section and a
  104  written report to a law enforcement officer is not prepared, the
  105  law enforcement officer may complete a short-form crash report
  106  or provide a short-form crash report to be completed by shall
  107  provide each party involved in the crash a short-form report,
  108  prescribed by the state, to be completed by the party. The
  109  short-form report must include:
  110         1. The date, time, and location of the crash;
  111         2. A description of the vehicles involved;
  112         3. The names and addresses of the parties involved;
  113         4. The names and addresses of witnesses;
  114         5. The name, badge number, and law enforcement agency of
  115  the officer investigating the crash; and
  116         6. The names of the insurance companies for the respective
  117  parties involved in the crash.
  118         (c) Each party to the crash shall provide the law
  119  enforcement officer with proof of insurance to be included in
  120  the crash report. If a law enforcement officer submits a report
  121  on the accident, proof of insurance must be provided to the
  122  officer by each party involved in the crash. Any party who fails
  123  to provide the required information is guilty of an infraction
  124  for a nonmoving violation, punishable as provided in chapter 318
  125  unless the officer determines that due to injuries or other
  126  special circumstances such insurance information cannot be
  127  provided immediately. If the person provides the law enforcement
  128  agency, within 24 hours after the crash, proof of insurance that
  129  was valid at the time of the crash, the law enforcement agency
  130  may void the citation.
  131         (d)The driver of a vehicle that is in any manner involved
  132  in a crash resulting in damage to any vehicle or other property
  133  in an amount of at least $500 and the crash was not investigated
  134  by a law enforcement agency shall, within 10 days after the
  135  crash, forward a written report of the crash to the local law
  136  enforcement agency. The receiving law enforcement entity may
  137  require witnesses of crashes to render reports and any driver of
  138  a vehicle involved in a crash of which a written report must be
  139  made as provided in this section to file supplemental written
  140  reports whenever the original report is deemed insufficient by
  141  the receiving law enforcement agency.
  142         (e)Short-form crash reports prepared by law enforcement
  143  officers or parties involved in the crash shall be maintained by
  144  the local law enforcement agency.
  145         (2)(4)(a) One or more counties may enter into an agreement
  146  with the appropriate state agency to be certified by the agency
  147  to have a traffic records center for the purpose of tabulating
  148  and analyzing countywide traffic crash reports. The agreement
  149  must include: certification by the agency that the center has
  150  adequate auditing and monitoring mechanisms in place to ensure
  151  the quality and accuracy of the data; the time period in which
  152  the traffic records center must report crash data to the agency;
  153  and the medium in which the traffic records must be submitted to
  154  the agency.
  155         (b) In the case of a county or multicounty area that has a
  156  certified central traffic records center, a law enforcement
  157  agency or driver must submit to the center within the time limit
  158  prescribed in this section a written report of the crash. A
  159  driver who is required to file a crash report must be notified
  160  of the proper place to submit the completed report.
  161         (c) Fees for copies of public records provided by a
  162  certified traffic records center shall be charged and collected
  163  as follows:
  164  
  165         For a crash report..........................$10 per copy.
  166         For a homicide report.......................$25 per copy.
  167         For a uniform traffic citation............$0.50 per copy.
  168  The fees collected for copies of the public records provided by
  169  a certified traffic records center shall be used to fund the
  170  center or otherwise as designated by the county or counties
  171  participating in the center.
  172         (3)(5)(a) Crash reports that reveal the identity, home or
  173  employment telephone number or home or employment address of, or
  174  other personal information concerning the parties involved in
  175  the crash and that are held by any agency that regularly
  176  receives or prepares information from or concerning the parties
  177  to motor vehicle crashes are confidential and exempt from s.
  178  119.07(1) and s. 24(a), Art. I of the State Constitution for a
  179  period of 60 days after the date the report is filed.
  180         (b) Crash reports held by an agency under paragraph (a) may
  181  be made immediately available to the parties involved in the
  182  crash, their legal representatives, their licensed insurance
  183  agents, their insurers or insurers to which they have applied
  184  for coverage, persons under contract with such insurers to
  185  provide claims or underwriting information, prosecutorial
  186  authorities, victim services programs, radio and television
  187  stations licensed by the Federal Communications Commission,
  188  newspapers qualified to publish legal notices under ss. 50.011
  189  and 50.031, and free newspapers of general circulation,
  190  published once a week or more often, available and of interest
  191  to the public generally for the dissemination of news. For the
  192  purposes of this section, the following products or publications
  193  are not newspapers as referred to in this section: those
  194  intended primarily for members of a particular profession or
  195  occupational group; those with the primary purpose of
  196  distributing advertising; and those with the primary purpose of
  197  publishing names and other personal identifying information
  198  concerning parties to motor vehicle crashes.
  199         (c) Any local, state, or federal agency that is authorized
  200  to have access to crash reports by any provision of law shall be
  201  granted such access in the furtherance of the agency’s statutory
  202  duties.
  203         (d) As a condition precedent to accessing a crash report
  204  within 60 days after the date the report is filed, a person must
  205  present a valid driver’s license or other photographic
  206  identification, proof of status, or identification that
  207  demonstrates his or her qualifications to access that
  208  information, and file a written sworn statement with the state
  209  or local agency in possession of the information stating that
  210  information from a crash report made confidential and exempt by
  211  this section will not be used for any commercial solicitation of
  212  accident victims, or knowingly disclosed to any third party for
  213  the purpose of such solicitation, during the period of time that
  214  the information remains confidential and exempt. In lieu of
  215  requiring the written sworn statement, an agency may provide
  216  crash reports by electronic means to third-party vendors under
  217  contract with one or more insurers, but only when such contract
  218  states that information from a crash report made confidential
  219  and exempt by this section will not be used for any commercial
  220  solicitation of accident victims by the vendors, or knowingly
  221  disclosed by the vendors to any third party for the purpose of
  222  such solicitation, during the period of time that the
  223  information remains confidential and exempt, and only when a
  224  copy of such contract is furnished to the agency as proof of the
  225  vendor’s claimed status.
  226         (e) This subsection does not prevent the dissemination or
  227  publication of news to the general public by any legitimate
  228  media entitled to access confidential and exempt information
  229  pursuant to this section.
  230         (4)(6)(a) Any driver failing to file the written report
  231  required under paragraph (1)(d) subsection (1) or subsection (2)
  232  commits a noncriminal traffic infraction, punishable as a
  233  nonmoving violation as provided in chapter 318.
  234         (b) Any employee of a state or local agency in possession
  235  of information made confidential and exempt by this section who
  236  knowingly discloses such confidential and exempt information to
  237  a person not entitled to access such information under this
  238  section commits is guilty of a felony of the third degree,
  239  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  240         (c) Any person, knowing that he or she is not entitled to
  241  obtain information made confidential and exempt by this section,
  242  who obtains or attempts to obtain such information commits is
  243  guilty of a felony of the third degree, punishable as provided
  244  in s. 775.082, s. 775.083, or s. 775.084.
  245         (d) Any person who knowingly uses confidential and exempt
  246  information in violation of a filed written sworn statement or
  247  contractual agreement required by this section commits a felony
  248  of the third degree, punishable as provided in s. 775.082, s.
  249  775.083, or s. 775.084.
  250         (5)(7) Except as specified in this subsection, each crash
  251  report made by a person involved in a crash and any statement
  252  made by such person to a law enforcement officer for the purpose
  253  of completing a crash report required by this section shall be
  254  without prejudice to the individual so reporting. No Such a
  255  report or statement may not shall be used as evidence in any
  256  trial, civil or criminal. However, subject to the applicable
  257  rules of evidence, a law enforcement officer at a criminal trial
  258  may testify as to any statement made to the officer by the
  259  person involved in the crash if that person’s privilege against
  260  self-incrimination is not violated. The results of breath,
  261  urine, and blood tests administered as provided in s. 316.1932
  262  or s. 316.1933 are not confidential and are shall be admissible
  263  into evidence in accordance with the provisions of s.
  264  316.1934(2). Crash reports made by persons involved in crashes
  265  shall not be used for commercial solicitation purposes; however,
  266  the use of a crash report for purposes of publication in a
  267  newspaper or other news periodical or a radio or television
  268  broadcast shall not be construed as “commercial purpose.”
  269         (6)(8) A law enforcement officer, as defined in s.
  270  943.10(1), may enforce this section.
  271         Section 2. Subsection (3) of section 320.05, Florida
  272  Statutes, is amended to read:
  273         320.05 Records of the department; inspection procedure;
  274  lists and searches; fees.—
  275         (3)(a) The department may is authorized, upon application
  276  of any person and payment of the proper fees, to prepare and
  277  furnish lists containing motor vehicle or vessel information in
  278  such form as the department may authorize, to search the records
  279  of the department and make reports thereof, and to make
  280  photographic copies of the department records and attestations
  281  thereof.
  282         (b) Fees therefor shall be charged and collected as
  283  follows:
  284         1. For providing lists of motor vehicle or vessel records
  285  for the entire state, or any part or parts thereof, divided
  286  according to counties, a sum computed at a rate of not less than
  287  1 cent nor more than 5 cents per item.
  288         2. For providing noncertified photographic copies of motor
  289  vehicle or vessel documents, $1 per page.
  290         3. For providing noncertified photographic copies of
  291  micrographic records, $1 per page.
  292         4. For providing certified copies of motor vehicle or
  293  vessel records, $3 per record.
  294         5. For providing noncertified computer-generated printouts
  295  of motor vehicle or vessel records, 50 cents per record.
  296         6. For providing certified computer-generated printouts of
  297  motor vehicle or vessel records, $3 per record.
  298         7. For providing electronic access to motor vehicle,
  299  vessel, and mobile home registration data requested by tag,
  300  vehicle identification number, title number, or decal number, 50
  301  cents per item.
  302         8. For providing electronic access to driver’s license
  303  status report by name, sex, and date of birth or by driver
  304  license number, 50 cents per item.
  305         9. For providing lists of licensed mobile home dealers and
  306  manufacturers and recreational vehicle dealers and
  307  manufacturers, $15 per list.
  308         10. For providing lists of licensed motor vehicle dealers,
  309  $25 per list.
  310         11. For each copy of a videotape record, $15 per tape.
  311         12. For each copy of the Division of Motor Vehicles
  312  Procedures Manual, $25.
  313         (c) Fees collected pursuant to paragraph (b) shall be
  314  deposited into the Highway Safety Operating Trust Fund.
  315         (d) The department shall furnish such information without
  316  charge to any court or governmental entity.
  317         (e) When motor vehicle, vessel, or mobile home registration
  318  data is provided by electronic access through a tax collector’s
  319  office, the applicable fee as provided in paragraph (b) must be
  320  collected and deposited pursuant to paragraph (c) a fee for the
  321  electronic access is not required to be assessed. However, at
  322  the tax collector’s discretion, a fee equal to or less than the
  323  fee charged by the department for such information may be
  324  assessed by the tax collector for the electronic access.
  325  Notwithstanding paragraph (c), any funds collected by the tax
  326  collector as a result of providing such access shall be retained
  327  by the tax collector.
  328         Section 3. Section 321.25, Florida Statutes, is amended to
  329  read:
  330         321.25 Training provided at patrol schools.—The Department
  331  of Highway Safety and Motor Vehicles may is authorized to
  332  provide for the training of law enforcement officials and
  333  individuals in matters relating to the duties, functions, and
  334  powers of the Florida Highway Patrol in the schools established
  335  by the department for the training of highway patrol candidates
  336  and officers. The Department of Highway Safety and Motor
  337  Vehicles may is authorized to charge a fee for providing the
  338  training authorized by this section. The fee shall be charged to
  339  persons attending the training. The fee shall be based on the
  340  Department of Highway Safety and Motor Vehicles’ recruiting
  341  costs and a portion of the costs for providing the training.,
  342  The and such costs may include, but are not limited to, tuition,
  343  lodging, and meals. Revenues from the fees shall be used to
  344  offset the Department of Highway Safety and Motor Vehicles’
  345  costs for providing the training. The cost of training local
  346  enforcement officers shall be paid for by their respective
  347  offices, counties or municipalities, as the case may be. Such
  348  cost shall be deemed a proper county or municipal expense or a
  349  proper expenditure of the office of sheriff.
  350         Section 4. Subsection (1) of section 322.02, Florida
  351  Statutes, is amended to read:
  352         322.02 Legislative intent; administration.—
  353         (1) The Legislature finds that over the past several years
  354  the department and individual county tax collectors have entered
  355  into contracts for the delivery of full and limited driver
  356  license services where such contractual relationships best
  357  served the public interest through state administration and
  358  enforcement and local government implementation. It is the
  359  intent of the Legislature to complete the transition of all
  360  driver license issuance services to those tax collectors who are
  361  constitutional officers in this state no later than June 30,
  362  2015. The transition of services to charter-appointed county tax
  363  collectors may occur on a limited basis as directed by the
  364  department that future interests and processes for developing
  365  and expanding the department’s relationship with tax collectors
  366  through contractual relationships for the delivery of driver
  367  license services be achieved through the provisions of this
  368  chapter, thereby serving best the public interest considering
  369  accountability, cost-effectiveness, efficiency, responsiveness,
  370  and high-quality service to the drivers in Florida.
  371         Section 5. Section 322.135, Florida Statutes, is amended to
  372  read:
  373         322.135 Driver’s license agents.—
  374         (1) The department shall may, upon application, authorize
  375  any or all of the tax collectors in the several counties of the
  376  state, subject to the requirements of law, in accordance with
  377  rules of the department, to serve as its agent for the provision
  378  of specified driver’s license services.
  379         (a) These services shall be limited to the issuance of
  380  driver’s licenses and identification cards as authorized by this
  381  chapter.
  382         (b) Each tax collector who is authorized by the department
  383  to provide driver’s license services shall bear all costs
  384  associated with providing those services.
  385         (c) A service fee of $6.25 shall be charged, in addition to
  386  the fees set forth in this chapter, for providing all services
  387  pursuant to this chapter. The service fee may not be charged:
  388         1. More than once per customer during a single visit to a
  389  tax collector’s office.
  390         2. For a reexamination requested by the Medical Advisory
  391  Board or required pursuant to s. 322.221.
  392         3. For a voter registration transaction.
  393         4.For changes in an organ donation registration.
  394         4.5. In violation of any federal or state law.
  395         (2) Each tax collector is required to give a good and
  396  sufficient surety bond, payable to the department, conditioned
  397  upon his or her faithfully and truly performing the duties
  398  imposed upon him or her according to the requirements of law and
  399  the rules of the department and upon his or her accounting for
  400  all materials, records, and other property and money that come
  401  into his or her possession or control by reason of performing
  402  these duties.
  403         (a) The amount of the bond must be determined by the
  404  department as an amount not less than 10 percent above the
  405  average of the daily deposits of each tax collector.
  406         (b) If a tax collector is also an agent of the department
  407  for purposes of s. 320.03, the amount of the bond must be at
  408  least 10 percent above the average of the total daily deposits
  409  of all funds received by the tax collector on behalf of the
  410  department.
  411         (c) Notwithstanding the provisions of s. 320.03, only one
  412  bond is required in order for a tax collector to serve as an
  413  agent of the department under chapters 320 and 322.
  414         (3) Each tax collector shall keep a full and complete
  415  record of all materials, records, and other properties received
  416  by him or her from the department, or from any other source, and
  417  shall make prompt remittance of moneys collected by him or her
  418  at such times and in such manner as prescribed by law, in
  419  accordance with departmental rules.
  420         (4) A tax collector may not issue or renew a driver’s
  421  license if he or she has any reason to believe that the licensee
  422  or prospective licensee is physically or mentally unqualified to
  423  operate a motor vehicle. The tax collector may direct any such
  424  licensee to the department for examination or reexamination
  425  under s. 322.221.
  426         (5) The department, in conjunction with the Tax Collectors’
  427  Association, shall develop a plan to provide for the transition
  428  of all driver’s license issuance services to the county tax
  429  collectors who are constitutional officers. The transition plan
  430  shall be submitted to the President of the Senate and the
  431  Speaker of the House of Representatives by February 1, 2011. The
  432  transition plan must include a timeline to complete the full
  433  transition of all driver’s license issuance services no later
  434  than June 30, 2015, and may include, but need not be limited to,
  435  recommendations on the use of regional service centers,
  436  interlocal agreements, and equipment. The county tax collector
  437  at his or her option may apply to the department for approval by
  438  the executive director to be the exclusive agent of the
  439  department for his or her county to administer driver license
  440  services as provided and authorized in this chapter.
  441         (a)The application by the county tax collector shall be in
  442  writing to the executive director of the department. The
  443  application must be submitted by September 1 to be effective for
  444  the state’s subsequent fiscal year beginning July 1.
  445         (b)The department shall provide a form for such
  446  application, which shall include the following information:
  447         1.Locations within the county where offices and branch
  448  offices for driver license services are proposed.
  449         2.The designation by the tax collector of the driver
  450  license functions to be performed by the tax collector in the
  451  county.
  452         3.Any anticipated capital acquisition or construction
  453  costs.
  454         4.A projection of equipment available or to be provided by
  455  the department.
  456         5.All anticipated operating costs, including facilities,
  457  equipment, and personnel to administer driver license services.
  458         (c)The department shall review applications on or before
  459  September 1 of each year. The department shall compare the costs
  460  included in the information submitted in the application with
  461  the related costs incurred by the department to accomplish the
  462  same level of services. The department shall approve or deny an
  463  application within 60 calendar days after the application is
  464  received unless the department and the applicant agree mutually
  465  to a specific alternative date.
  466         (d)The department may provide technical assistance to an
  467  applicant upon request.
  468         (6)Administration of driver license services by a county
  469  tax collector as the exclusive agent of the department must be
  470  revenue neutral with no adverse state fiscal impact and with no
  471  adverse unfunded mandate to the tax collector.
  472         (7)Upon approval by the department for a tax collector to
  473  provide exclusive driver license services in a county, the
  474  department and the applicable tax collector shall develop a
  475  transition plan for the orderly transfer of service
  476  responsibilities to the tax collector. This plan shall include,
  477  but is not limited to:
  478         (a)The specifics of any possible use of any state-owned or
  479  leased facilities giving consideration to lease expiration date,
  480  cancellation provisions, and possibilities for sublease of such
  481  facilities.
  482         (b)Consideration of staffing needs of the tax collector,
  483  either the assumption by the collector or departmental
  484  relocation of employees adversely affected.
  485         (c)The execution of a standard agreement between the
  486  department and the tax collector for providing driver license
  487  services.
  488         (8)The county tax collector, as the exclusive agent of the
  489  Department of Highway Safety and Motor Vehicles, shall be paid
  490  fees for driver license services.
  491         (6)(9) Notwithstanding chapter 116, each county officer
  492  within this state who is authorized to collect funds provided
  493  for in this chapter shall pay all sums officially received by
  494  the officer into the State Treasury no later than 5 working days
  495  after the close of the business day in which the officer
  496  received the funds. Payment by county officers to the state
  497  shall be made by means of electronic funds transfers.
  498         Section 6. Subsections (10) and (11) of section 322.20,
  499  Florida Statutes, are amended to read:
  500         322.20 Records of the department; fees; destruction of
  501  records.—
  502         (10) The Division of Driver Licenses may is authorized,
  503  upon application of any person and payment of the proper fees,
  504  to search and to assist such person in the search of the records
  505  of the department and make reports thereof and to make
  506  photographic copies of the departmental records and attestations
  507  thereof.
  508         (11)(a) The department may charge the following fees for
  509  the following services and documents:
  510         1. For providing a transcript of any one individual’s
  511  driver history record or any portion thereof for the past 3
  512  years or for searching for such record when no record is found
  513  on file.......................................................$8
  514         2. For providing a transcript of any one individual’s
  515  driver history record or any portion thereof for the past 7
  516  years or for searching for such record when no record is found
  517  on file......................................................$10
  518         3. For providing a certified copy of a transcript of the
  519  driver history record or any portion thereof for any one
  520  individual...................................................$10
  521         4. For providing a certified photographic copy of a
  522  document, per page............................................$1
  523         5. For providing an exemplified record................$15
  524         6. For providing photocopies of documents, papers, letters,
  525  clearances, or license or insurance status reports, per
  526  page.......................................................$0.50
  527         7. For assisting persons in searching any one individual’s
  528  driver record at a terminal located at the department’s general
  529  headquarters in Tallahassee...................................$2
  530         8.For searching for any one individual’s driver history
  531  record when no record is found on file........................$1
  532         9.For electronically searching for any one individual’s
  533  driver history record to determine if the record meets requested
  534  criteria...................................................$0.10
  535         (b) The department shall furnish such information without
  536  charge to any local, state, or federal law enforcement agency or
  537  court upon proof satisfactory to the department as to the
  538  purpose of the investigation.
  539         (c)Any tax collectors authorized under s. 322.135, and any
  540  county clerk of court, may provide 3-year, 7-year, or complete
  541  driver records to any person requesting such records upon
  542  appropriate payment. In addition, any clerk of court and tax
  543  collector may assess the fee listed in s. 322.135(1)(c) for this
  544  service. The applicable record fees listed in paragraph (a) must
  545  be remitted to the department no later than 5 days after payment
  546  is received unless a shorter remittance period is required by
  547  law.
  548         Section 7. Subsection (2) of section 322.2615, Florida
  549  Statutes, is amended to read:
  550         322.2615 Suspension of license; right to review.—
  551         (2) Except as provided in paragraph (1)(a), the law
  552  enforcement officer shall forward to the department, within 5
  553  days after issuing the notice of suspension, the driver’s
  554  license; an affidavit stating the officer’s grounds for belief
  555  that the person was driving or in actual physical control of a
  556  motor vehicle while under the influence of alcoholic beverages
  557  or chemical or controlled substances; the results of any breath
  558  or blood test or an affidavit stating that a breath, blood, or
  559  urine test was requested by a law enforcement officer or
  560  correctional officer and that the person refused to submit; the
  561  officer’s description of the person’s field sobriety test, if
  562  any; the notice of suspension; and a copy of the crash report,
  563  if any. The failure of the officer to submit materials within
  564  the 5-day period specified in this subsection and in subsection
  565  (1) does not affect the department’s ability to consider any
  566  evidence submitted at or prior to the hearing. The officer may
  567  also submit a copy of a videotape of the field sobriety test or
  568  the attempt to administer such test. Materials submitted to the
  569  department by a law enforcement agency or correctional agency
  570  shall be considered self-authenticating and shall be in the
  571  record for consideration by the hearing officer. Notwithstanding
  572  s. 316.066(5) s. 316.066(7), the crash report shall be
  573  considered by the hearing officer.
  574         Section 8. Paragraph (a) of subsection (1) of section
  575  324.051, Florida Statutes, is amended to read:
  576         324.051 Reports of crashes; suspensions of licenses and
  577  registrations.—
  578         (1)(a) Every law enforcement officer who, in the regular
  579  course of duty either at the time of and at the scene of the
  580  crash or thereafter by interviewing participants or witnesses,
  581  investigates a motor vehicle crash which he or she is required
  582  to report pursuant to s. 316.066(1) s. 316.066(3) shall forward
  583  a written report of the crash to the department within 10 days
  584  of completing the investigation. However, when the investigation
  585  of a crash will take more than 10 days to complete, a
  586  preliminary copy of the crash report shall be forwarded to the
  587  department within 10 days of the occurrence of the crash, to be
  588  followed by a final report within 10 days after completion of
  589  the investigation. The report shall be on a form and contain
  590  information consistent with the requirements of s. 316.068.
  591         Section 9. Paragraph (c) of subsection (3) of section
  592  921.0022, Florida Statutes, is amended to read:
  593         921.0022 Criminal Punishment Code; offense severity ranking
  594  chart.—
  595         (3) OFFENSE SEVERITY RANKING CHART
  596         (c) LEVEL 3
  597  FloridaStatute     FelonyDegree               Description                
  598  119.10(2)(b)       3rd     Unlawful use of confidential information from police reports.
  599  316.066(4)(6)(b)-(d)3rd     Unlawfully obtaining or using confidential crash reports.
  600  316.193(2)(b)      3rd     Felony DUI, 3rd conviction.               
  601  316.1935(2)        3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  602  319.30(4)          3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  603  319.33(1)(a)       3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  604  319.33(1)(c)       3rd     Procure or pass title on stolen vehicle.  
  605  319.33(4)          3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  606  327.35(2)(b)       3rd     Felony BUI.                               
  607  328.05(2)          3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  608  328.07(4)          3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  609  376.302(5)         3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  610  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.
  611  379.2431(1)(e)6.   3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  612  400.9935(4)        3rd     Operating a clinic without a license or filing false license application or other required information.
  613  440.1051(3)        3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  614  501.001(2)(b)      2nd     Tampers with a consumer product or the container using materially false/misleading information.
  615  624.401(4)(a)      3rd     Transacting insurance without a certificate of authority.
  616  624.401(4)(b)1.    3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  617  626.902(1)(a) & (b)3rd     Representing an unauthorized insurer.     
  618  697.08             3rd     Equity skimming.                          
  619  790.15(3)          3rd     Person directs another to discharge firearm from a vehicle.
  620  796.05(1)          3rd     Live on earnings of a prostitute.         
  621  806.10(1)          3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  622  806.10(2)          3rd     Interferes with or assaults firefighter in performance of duty.
  623  810.09(2)(c)       3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  624  812.014(2)(c)2.    3rd     Grand theft; $5,000 or more but less than $10,000.
  625  812.0145(2)(c)     3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  626  815.04(4)(b)       2nd     Computer offense devised to defraud or obtain property.
  627  817.034(4)(a)3.    3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  628  817.233            3rd     Burning to defraud insurer.               
  629  817.234(8)(b)-(c)  3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  630  817.234(11)(a)     3rd     Insurance fraud; property value less than $20,000.
  631  817.236            3rd     Filing a false motor vehicle insurance application.
  632  817.2361           3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  633  817.413(2)         3rd     Sale of used goods as new.                
  634  817.505(4)         3rd     Patient brokering.                        
  635  828.12(2)          3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  636  831.28(2)(a)       3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  637  831.29             2nd     Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  638  838.021(3)(b)      3rd     Threatens unlawful harm to public servant.
  639  843.19             3rd     Injure, disable, or kill police dog or horse.
  640  860.15(3)          3rd     Overcharging for repairs and parts.       
  641  870.01(2)          3rd     Riot; inciting or encouraging.            
  642  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).
  643  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.
  644  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.
  645  893.13(6)(a)       3rd     Possession of any controlled substance other than felony possession of cannabis.
  646  893.13(7)(a)8.     3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  647  893.13(7)(a)9.     3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  648  893.13(7)(a)10.    3rd     Affix false or forged label to package of controlled substance.
  649  893.13(7)(a)11.    3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  650  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.
  651  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.
  652  893.13(8)(a)3.     3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  653  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.
  654  918.13(1)(a)       3rd     Alter, destroy, or conceal investigation evidence.
  655  944.47(1)(a)1.-2.  3rd     Introduce contraband to correctional facility.
  656  944.47(1)(c)       2nd     Possess contraband while upon the grounds of a correctional institution.
  657  985.721            3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  658         Section 10. This act shall take effect July 1, 2010.

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