Senate Bill sb2082

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    Florida Senate - 2005                                  SB 2082

    By Senator Sebesta





    16-1454-05

  1                      A bill to be entitled

  2         An act relating to driver licenses and

  3         identification cards; amending s. 322.02, F.S.;

  4         deleting legislative findings and intent with

  5         respect to the delivery of limited driver

  6         license services by county tax collectors;

  7         repealing s. 322.135, F.S., relating to the

  8         authority of the Department of Highway Safety

  9         and Motor Vehicles to designate tax collectors

10         to act as its agent; creating s. 322.136, F.S.;

11         requiring that the department, by a specified

12         date, enter into contracts for the issuance of

13         driver licenses and identification cards;

14         providing a fee in addition to the fees set

15         forth in ch. 322, F.S.; requiring that a

16         portion of the fee be deposited into the

17         Highway Safety Operating Trust Fund; providing

18         requirements for a bond; providing effective

19         dates.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Effective January 1, 2007, section 322.02,

24  Florida Statutes, is amended to read:

25         322.02  Legislative intent; Administration.--

26         (1)  The Legislature finds that over the past several

27  years the department and individual county tax collectors have

28  entered into contracts for the delivery of full and limited

29  driver license services where such contractual relationships

30  best served the public interest through state administration

31  and enforcement and local government implementation.  It is

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    Florida Senate - 2005                                  SB 2082
    16-1454-05




 1  the intent of the Legislature that future interests and

 2  processes for developing and expanding the department's

 3  relationship with tax collectors through contractual

 4  relationships for the delivery of driver license services be

 5  achieved through the provisions of this chapter, thereby

 6  serving best the public interest considering accountability,

 7  cost-effectiveness, efficiency, responsiveness, and

 8  high-quality service to the drivers in Florida.

 9         (1)(2)  The Department of Highway Safety and Motor

10  Vehicles is charged with the administration and function of

11  enforcement of the provisions of this chapter.

12         (2)(3)  The department shall employ a director, who is

13  charged with the duty of serving as the executive officer of

14  the Division of Driver Licenses of the department insofar as

15  the administration of this chapter is concerned.  He or she

16  shall be subject to the supervision and direction of the

17  department, and his or her official actions and decisions as

18  executive officer shall be conclusive unless the same are

19  superseded or reversed by the department or by a court of

20  competent jurisdiction.

21         (3)(4)  The department shall have the authority to

22  enter into reciprocal driver's license agreements with other

23  jurisdictions within the United States and its territories and

24  possessions and with foreign countries or political entities

25  equivalent to Florida state government within a foreign

26  country.

27         (5)  The tax collector in and for his or her county may

28  be designated the exclusive agent of the department to

29  implement and administer the provisions of this chapter as

30  provided by s. 322.135(5).

31  

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    Florida Senate - 2005                                  SB 2082
    16-1454-05




 1         (4)(6)  The department shall make and adopt rules and

 2  regulations for the orderly administration of this chapter.

 3         Section 2.  Effective January 1, 2007, section 322.135,

 4  Florida Statutes, is repealed.

 5         Section 3.  Section 322.136, Florida Statutes, is

 6  created to read:

 7         322.136  Driver license agents.--

 8         (1)  The department shall contract by January 1, 2007,

 9  with any person, subject to the requirements of law and in

10  accordance with rules of the department, to serve as its agent

11  for the provision of specified driver license services.

12         (a)  These services shall be limited to the issuance of

13  driver licenses and identification cards as authorized by this

14  chapter.

15         (b)  Each person who is authorized by the department to

16  provide driver license services shall bear all costs

17  associated with providing those services.

18         (c)  A fee not to exceed $5.25 may be charged, in

19  addition to the fees set forth in this chapter, for any

20  driver's license issued or renewed by a person authorized by

21  the department to provide driver license services. One dollar

22  of the $5.25 fee must be deposited into the Highway Safety

23  Operating Trust Fund.

24         (2)  Each person serving as the department's agent

25  under this section shall give a good and sufficient surety

26  bond, payable to the department, and conditioned upon his or

27  her faithfully and truly performing the duties imposed upon

28  him or her according to the requirements of law and the rules

29  of the department and upon his or her accounting for all

30  materials, records, and other property and money that come

31  into his or her possession or control by reason of performing

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    Florida Senate - 2005                                  SB 2082
    16-1454-05




 1  these duties. The amount of the bond must be determined by the

 2  department.

 3         Section 4.  Except as otherwise expressly provided in

 4  this act, this act shall take effect July 1, 2005.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires that the Department of Highway Safety and Motor
      Vehicles enter into contracts by January 1, 2007, for the
 9    issuance of driver licenses and identification cards.
      Removes authorization for county tax collectors to act as
10    the department's agent. Provides for a fee of $5.25 in
      addition to other statutory fees. Provides bond
11    requirements.

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