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The Florida Senate

2005 Florida Statutes

Section 322.135, Florida Statutes 2005

322.135  Driver's license agents.--

(1)  The department may, upon application, authorize any or all of the tax collectors in the several counties of the state, subject to the requirements of law, in accordance with rules of the department, to serve as its agent for the provision of specified driver's license services.

(a)  These services shall be limited to the issuance of driver's licenses and identification cards as authorized by this chapter.

(b)  Each tax collector who is authorized by the department to provide driver's license services shall bear all costs associated with providing those services.

(c)  A fee of $5.25 is to be charged, in addition to the fees set forth in this chapter, for any driver's license issued or renewed by a tax collector.

(2)  Each tax collector is required to give a good and sufficient surety bond, payable to the department, conditioned upon his or her faithfully and truly performing the duties imposed upon him or her according to the requirements of law and the rules of the department and upon his or her accounting for all materials, records, and other property and money that come into his or her possession or control by reason of performing these duties.

(a)  The amount of the bond must be determined by the department as an amount not less than 10 percent above the average of the daily deposits of each tax collector.

(b)  If a tax collector is also an agent of the department for purposes of s. 320.03, the amount of the bond must be at least 10 percent above the average of the total daily deposits of all funds received by the tax collector on behalf of the department.

(c)  Notwithstanding the provisions of s. 320.03, only one bond is required in order for a tax collector to serve as an agent of the department under chapters 320 and 322.

(3)  Each tax collector shall keep a full and complete record of all materials, records, and other properties received by him or her from the department, or from any other source, and shall make prompt remittance of moneys collected by him or her at such times and in such manner as prescribed by law, in accordance with departmental rules.

(4)  A tax collector may not issue or renew a driver's license if he or she has any reason to believe that the licensee or prospective licensee is physically or mentally unqualified to operate a motor vehicle. The tax collector may direct any such licensee to the department for examination or reexamination under s. 322.221

(5)  The county tax collector at his or her option may apply to the department for approval by the executive director to be the exclusive agent of the department for his or her county to administer driver license services as provided and authorized in this chapter.

(a)  The application by the county tax collector shall be in writing to the executive director of the department. The application must be submitted by September 1 to be effective for the state's subsequent fiscal year beginning July 1.

(b)  The department shall provide a form for such application, which shall include the following information:

1.  Locations within the county where offices and branch offices for driver license services are proposed.

2.  The designation by the tax collector of the driver license functions to be performed by the tax collector in the county.

3.  Any anticipated capital acquisition or construction costs.

4.  A projection of equipment available or to be provided by the department.

5.  All anticipated operating costs, including facilities, equipment, and personnel to administer driver license services.

(c)  The department shall review applications on or before September 1 of each year. The department shall compare the costs included in the information submitted in the application with the related costs incurred by the department to accomplish the same level of services. The department shall approve or deny an application within 60 calendar days after the application is received unless the department and the applicant agree mutually to a specific alternative date.

(d)  The department may provide technical assistance to an applicant upon request.

(6)  Administration of driver license services by a county tax collector as the exclusive agent of the department must be revenue neutral with no adverse state fiscal impact and with no adverse unfunded mandate to the tax collector.

(7)  Upon approval by the department for a tax collector to provide exclusive driver license services in a county, the department and the applicable tax collector shall develop a transition plan for the orderly transfer of service responsibilities to the tax collector. This plan shall include, but is not limited to:

(a)  The specifics of any possible use of any state-owned or leased facilities giving consideration to lease expiration date, cancellation provisions, and possibilities for sublease of such facilities.

(b)  Consideration of staffing needs of the tax collector, either the assumption by the collector or departmental relocation of employees adversely affected.

(c)  The execution of a standard agreement between the department and the tax collector for providing driver license services.

(8)  The county tax collector, as the exclusive agent of the Department of Highway Safety and Motor Vehicles, shall be paid fees for driver license services.

(9)  Notwithstanding chapter 116, each county officer within this state who is authorized to collect funds provided for in this chapter shall pay all sums officially received by the officer into the State Treasury no later than 5 working days after the close of the business day in which the officer received the funds. Payment by county officers to the state shall be made by means of electronic funds transfers.

History.--s. 48, ch. 96-413; s. 2, ch. 2001-156; s. 34, ch. 2005-2; s. 75, ch. 2005-164.