Senate Bill sb2082c1

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    Florida Senate - 2005                           CS for SB 2082

    By the Committee on Transportation; and Senator Sebesta





    596-1982A-05

  1                      A bill to be entitled

  2         An act relating to driver licenses and

  3         identification cards; amending ss. 318.15 and

  4         322.29, F.S.; providing for a reinstatement

  5         charge rather than a service charge for issuing

  6         a person's driver's license after reinstatement

  7         of his or her license and driving privilege;

  8         conforming provisions to changes made by the

  9         act; amending s. 322.02, F.S.; deleting

10         legislative findings and intent with respect to

11         the delivery of limited driver license services

12         by county tax collectors; repealing s. 322.135,

13         F.S., relating to the authority of the

14         Department of Highway Safety and Motor Vehicles

15         to designate tax collectors to act as its

16         agents; creating s. 322.136, F.S.; requiring

17         that the department, by a specified date,

18         contract with a person or entity for the

19         provision of specified driver license services;

20         providing for an authorized agent of the

21         department to charge a service fee for each

22         transaction; prohibiting a service fee for

23         certain specified services; requiring that

24         employees of an authorized agent maintain the

25         confidentiality of personal information as

26         required by law; requiring authorized agents to

27         post a bond; requiring that the department

28         establish a quality assurance unit to monitor

29         the authorized agents; requiring an annual

30         report to the executive branch and legislative

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1         branch of government; providing effective

 2         dates.

 3  

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

 5  

 6         Section 1.  Effective January 1, 2009, subsection (2)

 7  of section 318.15, Florida Statutes, is amended to read:

 8         318.15  Failure to comply with civil penalty or to

 9  appear; penalty.--

10         (2)  After suspension of the driver's license and

11  privilege to drive of a person under subsection (1), the

12  license and privilege may not be reinstated until the person

13  complies with all obligations and penalties imposed on him or

14  her under s. 318.18 and presents to a driver license office a

15  certificate of compliance issued by the court, together with a

16  nonrefundable reinstatement service charge of up to $47.50

17  imposed under s. 322.29, or presents a certificate of

18  compliance and pays the aforementioned reinstatement service

19  charge of up to $47.50 to the clerk of the court or tax

20  collector clearing such suspension. Of the charge collected by

21  the clerk of the court or the tax collector, $10 shall be

22  remitted to the Department of Revenue to be deposited into the

23  Highway Safety Operating Trust Fund. Such person shall also be

24  in compliance with requirements of chapter 322 prior to

25  reinstatement.

26         Section 2.  Effective January 1, 2009, section 322.02,

27  Florida Statutes, is amended to read:

28         322.02  Legislative intent; Administration.--

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

30  years the department and individual county tax collectors have

31  entered into contracts for the delivery of full and limited

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1  driver license services where such contractual relationships

 2  best served the public interest through state administration

 3  and enforcement and local government implementation.  It is

 4  the intent of the Legislature that future interests and

 5  processes for developing and expanding the department's

 6  relationship with tax collectors through contractual

 7  relationships for the delivery of driver license services be

 8  achieved through the provisions of this chapter, thereby

 9  serving best the public interest considering accountability,

10  cost-effectiveness, efficiency, responsiveness, and

11  high-quality service to the drivers in Florida.

12         (1)(2)  The Department of Highway Safety and Motor

13  Vehicles is charged with the administration and function of

14  enforcement of the provisions of this chapter.

15         (2)(3)  The department shall employ a director, who is

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

17  the Division of Driver Licenses of the department insofar as

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

19  shall be subject to the supervision and direction of the

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

21  executive officer shall be conclusive unless the same are

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

23  competent jurisdiction.

24         (3)(4)  The department shall have the authority to

25  enter into reciprocal driver's license agreements with other

26  jurisdictions within the United States and its territories and

27  possessions and with foreign countries or political entities

28  equivalent to Florida state government within a foreign

29  country.

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

31  be designated the exclusive agent of the department to

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1  implement and administer the provisions of this chapter as

 2  provided by s. 322.135(5).

 3         (4)(6)  The department shall make and adopt rules and

 4  regulations for the orderly administration of this chapter.

 5         Section 3.  Effective January 1, 2009, section 322.135,

 6  Florida Statutes, is repealed.

 7         Section 4.  Section 322.136, Florida Statutes, is

 8  created to read:

 9         322.136  Driver license agents.--

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

11  with any person or entity, subject to the requirements of law

12  and in accordance with rules of the department, to serve as

13  its agents for the provision of driver license services as

14  specified by the department. The department may contract with

15  no more than five agents, including, but not limited to, tax

16  collectors, as necessary to provide the most comprehensive and

17  reliable driver license services statewide. In determining the

18  agents to provide the most comprehensive and reliable driver

19  license services statewide, the department shall give

20  preference to agents that are an association or group of tax

21  collectors.

22         (a)  Services to be provided by authorized agents may

23  include, but are not limited to, all those required by this

24  chapter, as well as chapters 97, 119, 324, 627, 765, 775, 812,

25  832, 893, and 943. Services to be provided by authorized

26  agents under the provisions of 49 C.F.R. s. 1572.11 are

27  limited to those authorized by federal regulation. These

28  services may not include those provided pursuant to a contract

29  authorized by s. 322.142 and in existence as of the effective

30  date of this act.

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1         (b)  Each person or entity that is authorized by the

 2  department to provide a service shall bear all costs

 3  associated with providing that service.

 4         (c)  A service fee, not to exceed $25, may be charged

 5  to any person completing a transaction with an authorized

 6  agent. However, a service fee may not be charged:

 7         1.  For multiple transactions arising from a single

 8  visit to an agent's location.

 9         2.  When a driver has been referred for reexamination

10  by the medical advisory board established in s. 322.125 or by

11  a law enforcement agency.

12         3.  For a duplicate driver's license or identification

13  card when a police report is presented as documentation that

14  the license or identification was stolen.

15         4.  For a replacement driver's license or

16  identification card when the address of the customer was

17  changed by the state, county, or federal government.

18         (2)  All employees of authorized agents must maintain

19  the confidentiality of all personal information collected by

20  the agent as required in s. 119.07(6)(aa).

21         (3)  Each person or entity serving as the department's

22  agent under this section shall give a good and sufficient

23  surety bond, payable to the department and conditioned upon

24  his or her faithfully and truly performing the duties imposed

25  upon him or her according to the requirements of law and the

26  rules of the department and upon his or her accounting for all

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

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

29  these duties. The amount of the bond shall be determined by

30  the department.

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    Florida Senate - 2005                           CS for SB 2082
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 1         (4)  The department shall establish a quality assurance

 2  unit to monitor and provide oversight of all agents. The

 3  quality assurance unit shall submit a report each year by

 4  February 1 to the Governor, the Cabinet, the President of the

 5  Senate, and the Speaker of the House of Representatives. The

 6  report must include, but need not be limited to, a report of

 7  average customer wait times, customer survey responses, and

 8  revenue collections and distributions made by the agents.

 9         Section 5.  Effective January 1, 2009, subsection (2)

10  of section 322.29, Florida Statutes, is amended to read:

11         322.29  Surrender and return of license.--

12         (2)  The provisions of subsection (1) to the contrary

13  notwithstanding, no examination is required for the return of

14  a license suspended under s. 318.15 or s. 322.245 unless an

15  examination is otherwise required by this chapter. Every

16  person applying for the return of a license suspended under s.

17  318.15 or s. 322.245 shall present to the department

18  certification from the court that he or she has complied with

19  all obligations and penalties imposed on him or her pursuant

20  to s. 318.15 or, in the case of a suspension pursuant to s.

21  322.245, that he or she has complied with all directives of

22  the court and the requirements of s. 322.245 and shall pay to

23  the department a nonrefundable reinstatement service fee of

24  $35, of which $25 shall be deposited into the General Revenue

25  Fund and $10 shall be deposited into the Highway Safety

26  Operating Trust Fund. If reinstated by the clerk of the court

27  or tax collector, $25 shall be retained and $10 shall be

28  remitted to the Department of Revenue for deposit into the

29  Highway Safety Operating Trust Fund. However, the

30  reinstatement service fee is not required if the person is

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1  required to pay a $35 fee or $60 fee under the provisions of

 2  s. 322.21.

 3         Section 6.  Except as otherwise expressly provided in

 4  this act, this act shall take effect upon becoming a law.

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    Florida Senate - 2005                           CS for SB 2082
    596-1982A-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2082

 3                                 

 4  Deletes the reference to tax collectors and changes the
    reference of "service" charge to "reinstatement" charge;
 5  
    Specifies the Department of Highway Safety and Motor Vehicles
 6  may contract with no more than five agents, including, but not
    limited to tax collectors, as necessary to provide the most
 7  comprehensive and reliable driver license services statewide.
    In addition, preference must be given to agents that are an
 8  association or group of tax collectors. The CS also requires
    the following provisions:
 9  
    --   Services provided may include, but are not limited to
10       chs., 97, 119, 322, 324, 627, 765, 775, 812, 832, 893,
         and 943. Services provided under the provisions of 49
11       C.F.R. 572.11 are limited to those authorized by federal
         regulation. However, services provided pursuant to a
12       contract authorized by s. 322.142, F.S., and in existence
         as of the effective date of the act are not included;
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    --   Each person or entity authorized to provide a service
14       must bear all costs associated with providing such
         service;
15  
    --   A service fee, not to exceed $25, may be charged to any
16       person completing a transaction with an authorized agent.
         However, a service fee may not be charged: (1) for
17       multiple transactions arising from a single visit to an
         agent's location; (2) when a driver has been referred for
18       reexamination by the medical advisory board or law
         enforcement agency; (3) for a duplicate driver's license
19       or identification card when a police report is presented
         as documentation the license or identification card was
20       stolen; or (4) for a replacement driver's license or
         identification card when the address of the customer was
21       changed by the state, county, or federal government.

22  Requires all employees of authorized agents must maintain the
    confidentiality of all personal information collected by the
23  agent as required in s. 119.07(6)(aa), F.S.

24  Provides for the creation of a quality assurance unit to
    monitor and provide oversight of all agents. The quality
25  assurance unit is to submit a report each year no later than
    February 1, which must include, but not limited to, a report
26  of average customer wait times, customer survey responses, and
    revenue collections and distributions made by the agencies.
27  The report shall be issued to the Senate President, the
    Speaker of the House of Representatives and the Executive
28  Office of the Governor.

29  Provides except as otherwise expressly provided in the act,
    the act shall take effect upon becoming a law.
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