| 1 | A bill to be entitled |
| 2 | An act relating to driver license services; amending s. |
| 3 | 322.01, F.S.; defining the term "tax collector"; amending |
| 4 | s. 322.051, F.S.; revising provisions for distribution of |
| 5 | the fee for a duplicate identification card; amending ss. |
| 6 | 322.058 and 322.091, F.S.; specifying fees that are |
| 7 | applicable to reinstatement of a driver's license |
| 8 | suspended for failure to meet certain requirements; |
| 9 | amending s. 322.12, F.S.; revising fees for a subsequent |
| 10 | test taken by an applicant who fails to pass the initial |
| 11 | knowledge and skills tests to receive a driver's license; |
| 12 | providing for distribution of the fees collected; |
| 13 | providing for the tax collector to retain a certain amount |
| 14 | for administering a subsequent test; requiring a person |
| 15 | who holds a learner's driver's license to pay a specified |
| 16 | replacement fee for a driver's license; providing for an |
| 17 | oral examination of a driver license applicant who is |
| 18 | unable to read or understand English; requiring payment of |
| 19 | applicable fees; amending s. 322.135, F.S.; providing that |
| 20 | tax collectors shall bear all operating costs associated |
| 21 | with providing driver license services by retaining |
| 22 | certain fees; removing a fee provision; providing for a |
| 23 | tax collector to establish one or more branch offices to |
| 24 | be used to perform the duties of agent of the Department |
| 25 | of Highway Safety and Motor Vehicles; providing a |
| 26 | limitation on fees that may be collected by a tax |
| 27 | collector for driver license services; amending s. 322.17, |
| 28 | F.S.; providing for replacement of a mutilated driver's |
| 29 | license or instruction permit; amending s. 322.20, F.S.; |
| 30 | authorizing authorized tax collectors to charge and retain |
| 31 | certain fees for providing certain driver-related |
| 32 | documents and performing certain related services; |
| 33 | amending s. 322.21, F.S.; revising fees for original and |
| 34 | renewal issuance, reinstatement, and replacement of |
| 35 | licenses and identification cards; revising the fee for |
| 36 | license endorsements; providing fees for certain licensing |
| 37 | examinations; providing for the tax collector to retain a |
| 38 | portion of such fees for providing the services; amending |
| 39 | s. 322.29, F.S.; providing for applicable fees to be paid |
| 40 | for issuance of a duplicate license at the end of a period |
| 41 | of suspension; providing an effective date. |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. Subsections (42) through (46) of section |
| 46 | 322.01, Florida Statutes, are redesignated as subsections (43) |
| 47 | through (47), respectively, and a new subsection (42) is added |
| 48 | to that section, to read: |
| 49 | 322.01 Definitions.--As used in this chapter: |
| 50 | (42) "Tax collector" means a county tax collector of the |
| 51 | state performing as an authorized agent of the department. |
| 52 | Section 2. Subsection (3) of section 322.051, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 322.051 Identification cards.-- |
| 55 | (3) If an identification card issued under this section is |
| 56 | lost, destroyed, or mutilated or a new name is acquired, the |
| 57 | person to whom it was issued may obtain a duplicate upon |
| 58 | furnishing satisfactory proof of such fact to the department and |
| 59 | upon payment of the applicable a fee imposed by s. 322.21 of $10 |
| 60 | for such duplicate, $2.50 of which shall be deposited into the |
| 61 | General Revenue Fund and $7.50 into the Highway Safety Operating |
| 62 | Trust Fund. The fee shall include payment for the color |
| 63 | photograph or digital image of the applicant. Any person who |
| 64 | loses an identification card and who, after obtaining a |
| 65 | duplicate, finds the original card shall immediately surrender |
| 66 | the original card to the department. The same documentary |
| 67 | evidence shall be furnished for a duplicate as for an original |
| 68 | identification card. |
| 69 | Section 3. Subsection (2) of section 322.058, Florida |
| 70 | Statutes, is amended to read: |
| 71 | 322.058 Suspension of driving privileges due to support |
| 72 | delinquency; reinstatement.-- |
| 73 | (2) The department must reinstate the driving privilege |
| 74 | upon payment of the applicable fee imposed by s. 322.21(8) and |
| 75 | allow registration of a motor vehicle when the Title IV-D agency |
| 76 | in IV-D cases or the depository or the clerk of the court in |
| 77 | non-IV-D cases provides to the department an affidavit stating |
| 78 | that: |
| 79 | (a) The person has paid the delinquency; |
| 80 | (b) The person has reached a written agreement for payment |
| 81 | with the Title IV-D agency or the obligee in non-IV-D cases; |
| 82 | (c) A court has entered an order granting relief to the |
| 83 | obligor ordering the reinstatement of the license and motor |
| 84 | vehicle registration; or |
| 85 | (d) The person has complied with the subpoena, order to |
| 86 | appear, order to show cause, or similar order. |
| 87 | Section 4. Subsection (4) of section 322.091, Florida |
| 88 | Statutes, is amended to read: |
| 89 | 322.091 Attendance requirements.-- |
| 90 | (4) VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A |
| 91 | district school board shall provide a minor with written |
| 92 | verification that he or she is in compliance with the |
| 93 | requirements of subsection (1) if the district determines that |
| 94 | he or she has been in compliance for 30 days prior to the |
| 95 | request for verification of compliance. Upon receiving written |
| 96 | verification that the minor is again in compliance with the |
| 97 | requirements of subsection (1), the department shall reinstate |
| 98 | the minor's driving privilege upon payment of the applicable fee |
| 99 | imposed by s. 322.21. Thereafter, if the school district |
| 100 | determines that the minor is not in compliance with the |
| 101 | requirements of subsection (1), the department shall suspend the |
| 102 | minor's driving privilege until the minor is 18 years of age or |
| 103 | otherwise satisfies the requirements of subsection (1), |
| 104 | whichever occurs first. |
| 105 | Section 5. Subsections (1), (2), and (3) of section |
| 106 | 322.12, Florida Statutes, are amended to read: |
| 107 | 322.12 Examination of applicants.-- |
| 108 | (1) It is the intent of the Legislature that every |
| 109 | applicant for an original driver's license in this state be |
| 110 | required to pass an examination pursuant to this section. |
| 111 | However, the department may waive the knowledge, endorsement, |
| 112 | and skills tests for an applicant who is otherwise qualified and |
| 113 | who surrenders a valid driver's license from another state or a |
| 114 | province of Canada, or a valid driver's license issued by the |
| 115 | United States Armed Forces, if the driver applies for a Florida |
| 116 | license of an equal or lesser classification. Any applicant who |
| 117 | fails to pass the initial knowledge test will incur a $10 $5 fee |
| 118 | for each subsequent test of which $5 shall, to be deposited into |
| 119 | the Highway Safety Operating Trust Fund and $5 shall be |
| 120 | deposited into the General Revenue Fund except that, when the |
| 121 | testing service is provided by a tax collector, $5 shall be |
| 122 | deposited into the Highway Safety Operating Trust Fund and the |
| 123 | tax collector shall retain $5 for administering the subsequent |
| 124 | test. Any applicant who fails to pass the initial skills test |
| 125 | will incur a $20 $10 fee for each subsequent test of which $10 |
| 126 | shall, to be deposited into the Highway Safety Operating Trust |
| 127 | Fund and $10 shall be deposited into the General Revenue Fund |
| 128 | except that, when the testing service is provided by a tax |
| 129 | collector, $10 shall be deposited into the Highway Safety |
| 130 | Operating Trust Fund and the tax collector shall retain $10 for |
| 131 | administering the subsequent test. A person who seeks to retain |
| 132 | a hazardous-materials endorsement, pursuant to s. 322.57(1)(d), |
| 133 | must pass the hazardous-materials test, upon surrendering his or |
| 134 | her commercial driver's license, if the person has not taken and |
| 135 | passed the hazardous-materials test within 2 years preceding his |
| 136 | or her application for a commercial driver's license in this |
| 137 | state. |
| 138 | (2) The department shall examine every applicant for a |
| 139 | driver's license, including an applicant who is licensed in |
| 140 | another state or country, except as otherwise provided in this |
| 141 | chapter. A person who holds a learner's driver's license as |
| 142 | provided for in s. 322.1615 is not required to pay the |
| 143 | applicable a fee for a replacement license imposed by s. |
| 144 | 322.17(2) upon successfully completing the examination showing |
| 145 | his or her ability to operate a motor vehicle as provided for |
| 146 | herein and need not pay the fee for a replacement license as |
| 147 | provided in s. 322.17(2). |
| 148 | (3)(a) For an applicant for a Class E driver's license, |
| 149 | such examination shall include a test of the applicant's |
| 150 | eyesight given by the driver's license examiner designated by |
| 151 | the department or by a licensed ophthalmologist, optometrist, or |
| 152 | physician and a test of the applicant's hearing given by a |
| 153 | driver's license examiner or a licensed physician. The |
| 154 | examination shall also include a test of the applicant's ability |
| 155 | to read and understand highway signs regulating, warning, and |
| 156 | directing traffic; his or her knowledge of the traffic laws of |
| 157 | this state, including laws regulating driving under the |
| 158 | influence of alcohol or controlled substances, driving with an |
| 159 | unlawful blood-alcohol level, and driving while intoxicated; and |
| 160 | his or her knowledge of the effects of alcohol and controlled |
| 161 | substances upon persons and the dangers of driving a motor |
| 162 | vehicle while under the influence of alcohol or controlled |
| 163 | substances and shall include an actual demonstration of ability |
| 164 | to exercise ordinary and reasonable control in the operation of |
| 165 | a motor vehicle. |
| 166 | (b) If an applicant for a Class E drivers license is |
| 167 | illiterate, or by nationality is unable to understand English, |
| 168 | the applicant may request and, upon payment of the applicable |
| 169 | fee imposed by s. 322.21, be scheduled to take a knowledge |
| 170 | skills oral examination. The applicant shall provide his or her |
| 171 | own foreign language interpreter if lack of knowledge of English |
| 172 | is the basis of the oral examination, except that the department |
| 173 | may provide a computer speech interpretation program in Spanish |
| 174 | and French Creole if available. |
| 175 | Section 6. Subsections (1), (3), and (8) of section |
| 176 | 322.135, Florida Statutes, are amended to read: |
| 177 | 322.135 Driver's license agents.-- |
| 178 | (1) The department may, upon application, authorize any or |
| 179 | all of the tax collectors in the several counties of the state, |
| 180 | subject to the requirements of law, in accordance with rules of |
| 181 | the department, to serve as its agent for the provision of |
| 182 | specified driver's license services. |
| 183 | (a) These services shall be limited to the issuance of |
| 184 | driver's licenses and identification cards as authorized by this |
| 185 | chapter. |
| 186 | (b) Each tax collector who is authorized by the department |
| 187 | to provide driver's license services shall bear all operating |
| 188 | costs associated with providing those services by retaining the |
| 189 | cost reimbursement fees provided by this chapter. |
| 190 | (c) A fee of $5.25 is to be charged, in addition to the |
| 191 | fees set forth in this chapter, for any driver's license issued |
| 192 | or renewed by a tax collector. |
| 193 | (3)(a) Each tax collector shall keep a full and complete |
| 194 | record of all materials, records, and other properties received |
| 195 | by him or her from the department, or from any other source, and |
| 196 | shall make prompt remittance of moneys collected by him or her |
| 197 | at such times and in such manner as prescribed by law, in |
| 198 | accordance with departmental rules. |
| 199 | (b) A tax collector may establish one or more branch |
| 200 | offices by acquiring title to real property or by lease |
| 201 | agreement and staff and equip such office, subject to budget |
| 202 | approval as defined in s. 195.087(2), to perform the expressed |
| 203 | state duties as agent of the department for his or her county |
| 204 | pursuant to s. 320.03 and this chapter. |
| 205 | (8) The county tax collector, as the exclusive agent of |
| 206 | the Department of Highway Safety and Motor Vehicles, shall be |
| 207 | paid fees for driver license services as authorized by this |
| 208 | chapter. |
| 209 | Section 7. Paragraph (a) of subsection (1) of section |
| 210 | 322.17, Florida Statutes, is amended to read: |
| 211 | 322.17 Replacement licenses and permits.-- |
| 212 | (1)(a) In the event that an instruction permit or driver's |
| 213 | license issued under the provisions of this chapter is lost, |
| 214 | mutilated, or destroyed, the person to whom the same was issued |
| 215 | may, upon payment of the appropriate fee pursuant to s. 322.21, |
| 216 | obtain a replacement upon furnishing proof satisfactory to the |
| 217 | department that such permit or license has been lost, mutilated, |
| 218 | or destroyed, and further furnishing the full name, date of |
| 219 | birth, sex, residence and mailing address, proof of birth |
| 220 | satisfactory to the department, and proof of identity |
| 221 | satisfactory to the department. |
| 222 | Section 8. Paragraph (a) of subsection (11) and subsection |
| 223 | (12) of section 322.20, Florida Statutes, are amended to read: |
| 224 | 322.20 Records of the department; fees; destruction of |
| 225 | records.-- |
| 226 | (11)(a) The department or an authorized tax collector may |
| 227 | is authorized to charge the following fees for the following |
| 228 | services and documents: |
| 229 | 1. For providing a transcript of any one individual's |
| 230 | driver history record or any portion thereof for the past 3 |
| 231 | years or for searching for such record when no record is found |
| 232 | to be on file....$2.10 |
| 233 | 2. For providing a transcript of any one individual's |
| 234 | driver history record or any portion thereof for the past 7 |
| 235 | years or for searching for such record when no record is found |
| 236 | to be on file....$3.10 |
| 237 | 3. For providing a certified copy of a transcript of the |
| 238 | driver history record or any portion thereof for any one |
| 239 | individual....$3.10 |
| 240 | 4. For providing a certified photographic copy of a |
| 241 | document, per page....$1.00 |
| 242 | 5. For providing an exemplified record....$15.00 |
| 243 | 6. For providing photocopies of documents, papers, |
| 244 | letters, clearances, or license or insurance status reports, per |
| 245 | page....$0.50 |
| 246 | 7. For assisting persons in searching any one individual's |
| 247 | driver record at a terminal located at the department's general |
| 248 | headquarters in Tallahassee....$2.00 |
| 249 | (12) The fees collected under this section shall be placed |
| 250 | in the Highway Safety Operating Trust Fund when the service is |
| 251 | provided by the department or shall be retained by an authorized |
| 252 | tax collector who provides the service or document. |
| 253 | Section 9. Subsections (1) and (8) of section 322.21, |
| 254 | Florida Statutes, are amended to read: |
| 255 | 322.21 License fees; procedure for handling and collecting |
| 256 | fees.-- |
| 257 | (1) Except as otherwise provided herein, the fee for: |
| 258 | (a) An original or renewal commercial driver's license is |
| 259 | $67, which shall include the fee for driver education provided |
| 260 | by s. 1003.48; however, if an applicant has completed training |
| 261 | and is applying for employment or is currently employed in a |
| 262 | public or nonpublic school system that requires the commercial |
| 263 | license, the fee shall be the same as for a Class E driver's |
| 264 | license. When a tax collector issues a renewal commercial |
| 265 | driver's license, the tax collector shall retain $10 of the $67 |
| 266 | fee for providing the service. A delinquent fee of $1 shall be |
| 267 | added for a renewal made not more than 12 months after the |
| 268 | license expiration date. |
| 269 | (b) An original Class E driver's license is $40 $27, which |
| 270 | shall include the fee for driver's education provided by s. |
| 271 | 1003.48; however, if an applicant has completed training and is |
| 272 | applying for employment or is currently employed in a public or |
| 273 | nonpublic school system that requires a commercial driver |
| 274 | license, the fee shall be the same as for a Class E license. |
| 275 | When a tax collector issues an original Class E driver's |
| 276 | license, the tax collector shall retain $12 of the $40 fee for |
| 277 | providing the service. |
| 278 | (c) The renewal or extension of a Class E driver's license |
| 279 | or of a license restricted to motorcycle use only is $30. When a |
| 280 | tax collector issues such renewal, the tax collector shall |
| 281 | retain $10 of the $30 fee for providing the service. $20, except |
| 282 | that A delinquent fee of $1 shall be added for a renewal or |
| 283 | extension made not more than 12 months after the license |
| 284 | expiration date. The fee provided in this paragraph shall |
| 285 | include the fee for driver's education provided by s. 1003.48. |
| 286 | (d) An original driver's license restricted to motorcycle |
| 287 | use only is $40. When a tax collector issues the original |
| 288 | license restricted to motorcycle use, the tax collector shall |
| 289 | retain $10 of the $40 fee for providing the service. The fee |
| 290 | provided in this paragraph $27, which shall include the fee for |
| 291 | driver's education provided by s. 1003.48. |
| 292 | (e) A replacement driver's license issued pursuant to s. |
| 293 | 322.17 is $15 $10. Of this amount $5 $7 shall be deposited into |
| 294 | the Highway Safety Operating Trust Fund and $10 $3 shall be |
| 295 | deposited into the General Revenue Fund, except that, when a tax |
| 296 | collector issues the replacement license, $3 shall be deposited |
| 297 | into the General Revenue Fund and the tax collector shall retain |
| 298 | $7 for providing the service. |
| 299 | (f) An original, renewal, or replacement identification |
| 300 | card issued pursuant to s. 322.051 is $15 $10. Funds collected |
| 301 | from these fees shall be distributed as follows: |
| 302 | 1. For an original identification card issued pursuant to |
| 303 | s. 322.051 the fee shall be $15 $10. This amount shall be |
| 304 | deposited into the General Revenue Fund, except that, when a tax |
| 305 | collector issues the original identification card, $10 shall be |
| 306 | deposited into the General Revenue Fund and the tax collector |
| 307 | shall retain $5 of the $15 fee for providing the service. |
| 308 | 2. For a renewal identification card issued pursuant to s. |
| 309 | 322.051 the fee shall be $15 $10. Of this amount, $6 shall be |
| 310 | deposited into the Highway Safety Operating Trust Fund and $9 $4 |
| 311 | shall be deposited into the General Revenue Fund, except that, |
| 312 | when a tax collector issues the renewal identification card, $4 |
| 313 | shall be deposited into the General Revenue Fund and the tax |
| 314 | collector shall retain $5 of the $15 fee for providing the |
| 315 | service. |
| 316 | 3. For a replacement identification card issued pursuant |
| 317 | to s. 322.051 the fee shall be $15 $10. Of this amount, $9 shall |
| 318 | be deposited into the Highway Safety Operating Trust Fund and $6 |
| 319 | $1 shall be deposited into the General Revenue Fund, except |
| 320 | that, when a tax collector issues the replacement identification |
| 321 | card, $10 shall be deposited into the General Revenue Fund and |
| 322 | the tax collector shall retain $5 of the $15 fee for providing |
| 323 | the service. |
| 324 | (g) Each endorsement required by s. 322.57 is $12 $7. When |
| 325 | a tax collector provides the endorsement, the tax collector |
| 326 | shall retain $5 of the $12 fee for providing the service. |
| 327 | (h) A hazardous-materials endorsement, as required by s. |
| 328 | 322.57(1)(d), shall be set by the department by rule and shall |
| 329 | reflect the cost of the required criminal history check, |
| 330 | including the cost of the state and federal fingerprint check, |
| 331 | and the cost to the department of providing and issuing the |
| 332 | license. The fee shall not exceed $100. This fee shall be |
| 333 | deposited in the Highway Safety Operating Trust Fund. The |
| 334 | department may adopt rules to administer this section. |
| 335 | (i)1. Each knowledge skills oral examination given |
| 336 | pursuant to s. 322.12(3)(b) by a computer language |
| 337 | interpretation program provided by the department in Spanish or |
| 338 | French Creole is $25, which shall be deposited into the General |
| 339 | Revenue Fund, except that, when a tax collector provides the |
| 340 | computer oral examination, $5 shall be deposited into the |
| 341 | General Revenue Fund and the tax collector shall retain $20 of |
| 342 | the $25 fee for providing the service. |
| 343 | 2. Each knowledge skills oral examination given pursuant |
| 344 | to s. 322.12(3)(b) without computer program assistance is $45, |
| 345 | which shall be deposited into the General Revenue Fund, except |
| 346 | that, when a tax collector provides the knowledge skills oral |
| 347 | examination, $5 shall be deposited into the General Revenue Fund |
| 348 | and the tax collector shall retain $40 of the $45 fee for |
| 349 | providing the service. |
| 350 | (8) Any person who applies for reinstatement following the |
| 351 | suspension or revocation of the person's driver's license shall |
| 352 | pay a service fee of $35 following a suspension, and $60 |
| 353 | following a revocation, which is in addition to the fee for a |
| 354 | license. Any person who applies for reinstatement of a |
| 355 | commercial driver's license following the disqualification of |
| 356 | the person's privilege to operate a commercial motor vehicle |
| 357 | shall pay a service fee of $60, which is in addition to the fee |
| 358 | for a license. The department shall collect all of these fees at |
| 359 | the time of reinstatement. The department shall issue proper |
| 360 | receipts for such fees and shall promptly transmit all funds |
| 361 | received by it as follows: |
| 362 | (a) Of the $35 fee received from a licensee for |
| 363 | reinstatement following a suspension, the department shall |
| 364 | deposit $15 in the General Revenue Fund and $20 in the Highway |
| 365 | Safety Operating Trust Fund, except that, when a tax collector |
| 366 | provides the reinstatement, $15 shall be deposited into the |
| 367 | General Revenue Fund and the tax collector shall retain $20 of |
| 368 | the $35 fee for providing the reinstatement. |
| 369 | (b) Of the $60 fee received from a licensee for |
| 370 | reinstatement following a revocation or disqualification, the |
| 371 | department shall deposit $35 in the General Revenue Fund and $25 |
| 372 | in the Highway Safety Operating Trust Fund, except that, when a |
| 373 | tax collector provides the reinstatement, $35 shall be deposited |
| 374 | into the General Revenue Fund and the tax collector shall retain |
| 375 | $25 of the $60 fee for providing the reinstatement. |
| 376 |
|
| 377 | If the revocation or suspension of the driver's license was for |
| 378 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 379 | breath, blood, or urine test, an additional fee of $115 must be |
| 380 | charged. However, only one $115 fee may be collected from one |
| 381 | person convicted of violations arising out of the same incident. |
| 382 | The department shall collect the $115 fee and deposit the fee |
| 383 | into the Highway Safety Operating Trust Fund at the time of |
| 384 | reinstatement of the person's driver's license, but the fee may |
| 385 | not be collected if the suspension or revocation is overturned. |
| 386 | If the revocation or suspension of the driver's license was for |
| 387 | a conviction for a violation of s. 817.234(8) or (9) or s. |
| 388 | 817.505, an additional fee of $180 is imposed for each offense. |
| 389 | The department shall collect and deposit the additional fee into |
| 390 | the Highway Safety Operating Trust Fund at the time of |
| 391 | reinstatement of the person's driver's license. |
| 392 | Section 10. Subsection (1) of section 322.29, Florida |
| 393 | Statutes, is amended to read: |
| 394 | 322.29 Surrender and return of license.-- |
| 395 | (1) The department, upon suspending or revoking a license, |
| 396 | shall require that such license be surrendered to the |
| 397 | department. At the end of the period of suspension, such license |
| 398 | so surrendered shall be returned, or a duplicate license issued |
| 399 | upon payment of the applicable replacement license fee imposed |
| 400 | by s. 322.21, to the licensee after the applicant has |
| 401 | successfully passed the vision, sign, and traffic law |
| 402 | examinations. In addition, pursuant to s. 322.221, the |
| 403 | department may require the licensee to successfully complete a |
| 404 | driving examination. The department is prohibited from requiring |
| 405 | the surrender of a license except as authorized by this chapter. |
| 406 | Section 11. This act shall take effect July 1, 2009. |