HB 1509

1
A bill to be entitled
2An act relating to driver license services; amending s.
3322.01, F.S.; defining the term "tax collector"; amending
4s. 322.051, F.S.; revising provisions for distribution of
5the fee for a duplicate identification card; amending ss.
6322.058 and 322.091, F.S.; specifying fees that are
7applicable to reinstatement of a driver's license
8suspended for failure to meet certain requirements;
9amending s. 322.12, F.S.; revising fees for a subsequent
10test taken by an applicant who fails to pass the initial
11knowledge and skills tests to receive a driver's license;
12providing for distribution of the fees collected;
13providing for the tax collector to retain a certain amount
14for administering a subsequent test; requiring a person
15who holds a learner's driver's license to pay a specified
16replacement fee for a driver's license; providing for an
17oral examination of a driver license applicant who is
18unable to read or understand English; requiring payment of
19applicable fees; amending s. 322.135, F.S.; providing that
20tax collectors shall bear all operating costs associated
21with providing driver license services by retaining
22certain fees; removing a fee provision; providing for a
23tax collector to establish one or more branch offices to
24be used to perform the duties of agent of the Department
25of Highway Safety and Motor Vehicles; providing a
26limitation on fees that may be collected by a tax
27collector for driver license services; amending s. 322.17,
28F.S.; providing for replacement of a mutilated driver's
29license or instruction permit; amending s. 322.20, F.S.;
30authorizing authorized tax collectors to charge and retain
31certain fees for providing certain driver-related
32documents and performing certain related services;
33amending s. 322.21, F.S.; revising fees for original and
34renewal issuance, reinstatement, and replacement of
35licenses and identification cards; revising the fee for
36license endorsements; providing fees for certain licensing
37examinations; providing for the tax collector to retain a
38portion of such fees for providing the services; amending
39s. 322.29, F.S.; providing for applicable fees to be paid
40for issuance of a duplicate license at the end of a period
41of suspension; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Subsections (42) through (46) of section
46322.01, Florida Statutes, are redesignated as subsections (43)
47through (47), respectively, and a new subsection (42) is added
48to that section, to read:
49     322.01  Definitions.--As used in this chapter:
50     (42)  "Tax collector" means a county tax collector of the
51state performing as an authorized agent of the department.
52     Section 2.  Subsection (3) of section 322.051, Florida
53Statutes, is amended to read:
54     322.051  Identification cards.--
55     (3)  If an identification card issued under this section is
56lost, destroyed, or mutilated or a new name is acquired, the
57person to whom it was issued may obtain a duplicate upon
58furnishing satisfactory proof of such fact to the department and
59upon payment of the applicable a fee imposed by s. 322.21 of $10
60for such duplicate, $2.50 of which shall be deposited into the
61General Revenue Fund and $7.50 into the Highway Safety Operating
62Trust Fund. The fee shall include payment for the color
63photograph or digital image of the applicant. Any person who
64loses an identification card and who, after obtaining a
65duplicate, finds the original card shall immediately surrender
66the original card to the department. The same documentary
67evidence shall be furnished for a duplicate as for an original
68identification card.
69     Section 3.  Subsection (2) of section 322.058, Florida
70Statutes, is amended to read:
71     322.058  Suspension of driving privileges due to support
72delinquency; reinstatement.--
73     (2)  The department must reinstate the driving privilege
74upon payment of the applicable fee imposed by s. 322.21(8) and
75allow registration of a motor vehicle when the Title IV-D agency
76in IV-D cases or the depository or the clerk of the court in
77non-IV-D cases provides to the department an affidavit stating
78that:
79     (a)  The person has paid the delinquency;
80     (b)  The person has reached a written agreement for payment
81with 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
83obligor ordering the reinstatement of the license and motor
84vehicle registration; or
85     (d)  The person has complied with the subpoena, order to
86appear, order to show cause, or similar order.
87     Section 4.  Subsection (4) of section 322.091, Florida
88Statutes, is amended to read:
89     322.091  Attendance requirements.--
90     (4)  VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A
91district school board shall provide a minor with written
92verification that he or she is in compliance with the
93requirements of subsection (1) if the district determines that
94he or she has been in compliance for 30 days prior to the
95request for verification of compliance. Upon receiving written
96verification that the minor is again in compliance with the
97requirements of subsection (1), the department shall reinstate
98the minor's driving privilege upon payment of the applicable fee
99imposed by s. 322.21. Thereafter, if the school district
100determines that the minor is not in compliance with the
101requirements of subsection (1), the department shall suspend the
102minor's driving privilege until the minor is 18 years of age or
103otherwise satisfies the requirements of subsection (1),
104whichever occurs first.
105     Section 5.  Subsections (1), (2), and (3) of section
106322.12, Florida Statutes, are amended to read:
107     322.12  Examination of applicants.--
108     (1)  It is the intent of the Legislature that every
109applicant for an original driver's license in this state be
110required to pass an examination pursuant to this section.
111However, the department may waive the knowledge, endorsement,
112and skills tests for an applicant who is otherwise qualified and
113who surrenders a valid driver's license from another state or a
114province of Canada, or a valid driver's license issued by the
115United States Armed Forces, if the driver applies for a Florida
116license of an equal or lesser classification. Any applicant who
117fails to pass the initial knowledge test will incur a $10 $5 fee
118for each subsequent test of which $5 shall, to be deposited into
119the Highway Safety Operating Trust Fund and $5 shall be
120deposited into the General Revenue Fund except that, when the
121testing service is provided by a tax collector, $5 shall be
122deposited into the Highway Safety Operating Trust Fund and the
123tax collector shall retain $5 for administering the subsequent
124test. Any applicant who fails to pass the initial skills test
125will incur a $20 $10 fee for each subsequent test of which $10
126shall, to be deposited into the Highway Safety Operating Trust
127Fund and $10 shall be deposited into the General Revenue Fund
128except that, when the testing service is provided by a tax
129collector, $10 shall be deposited into the Highway Safety
130Operating Trust Fund and the tax collector shall retain $10 for
131administering the subsequent test. A person who seeks to retain
132a hazardous-materials endorsement, pursuant to s. 322.57(1)(d),
133must pass the hazardous-materials test, upon surrendering his or
134her commercial driver's license, if the person has not taken and
135passed the hazardous-materials test within 2 years preceding his
136or her application for a commercial driver's license in this
137state.
138     (2)  The department shall examine every applicant for a
139driver's license, including an applicant who is licensed in
140another state or country, except as otherwise provided in this
141chapter. A person who holds a learner's driver's license as
142provided for in s. 322.1615 is not required to pay the
143applicable a fee for a replacement license imposed by s.
144322.17(2) upon successfully completing the examination showing
145his or her ability to operate a motor vehicle as provided for
146herein and need not pay the fee for a replacement license as
147provided in s. 322.17(2).
148     (3)(a)  For an applicant for a Class E driver's license,
149such examination shall include a test of the applicant's
150eyesight given by the driver's license examiner designated by
151the department or by a licensed ophthalmologist, optometrist, or
152physician and a test of the applicant's hearing given by a
153driver's license examiner or a licensed physician. The
154examination shall also include a test of the applicant's ability
155to read and understand highway signs regulating, warning, and
156directing traffic; his or her knowledge of the traffic laws of
157this state, including laws regulating driving under the
158influence of alcohol or controlled substances, driving with an
159unlawful blood-alcohol level, and driving while intoxicated; and
160his or her knowledge of the effects of alcohol and controlled
161substances upon persons and the dangers of driving a motor
162vehicle while under the influence of alcohol or controlled
163substances and shall include an actual demonstration of ability
164to exercise ordinary and reasonable control in the operation of
165a motor vehicle.
166     (b)  If an applicant for a Class E drivers license is
167illiterate, or by nationality is unable to understand English,
168the applicant may request and, upon payment of the applicable
169fee imposed by s. 322.21, be scheduled to take a knowledge
170skills oral examination. The applicant shall provide his or her
171own foreign language interpreter if lack of knowledge of English
172is the basis of the oral examination, except that the department
173may provide a computer speech interpretation program in Spanish
174and French Creole if available.
175     Section 6.  Subsections (1), (3), and (8) of section
176322.135, Florida Statutes, are amended to read:
177     322.135  Driver's license agents.--
178     (1)  The department may, upon application, authorize any or
179all of the tax collectors in the several counties of the state,
180subject to the requirements of law, in accordance with rules of
181the department, to serve as its agent for the provision of
182specified driver's license services.
183     (a)  These services shall be limited to the issuance of
184driver's licenses and identification cards as authorized by this
185chapter.
186     (b)  Each tax collector who is authorized by the department
187to provide driver's license services shall bear all operating
188costs associated with providing those services by retaining the
189cost reimbursement fees provided by this chapter.
190     (c)  A fee of $5.25 is to be charged, in addition to the
191fees set forth in this chapter, for any driver's license issued
192or renewed by a tax collector.
193     (3)(a)  Each tax collector shall keep a full and complete
194record of all materials, records, and other properties received
195by him or her from the department, or from any other source, and
196shall make prompt remittance of moneys collected by him or her
197at such times and in such manner as prescribed by law, in
198accordance with departmental rules.
199     (b)  A tax collector may establish one or more branch
200offices by acquiring title to real property or by lease
201agreement and staff and equip such office, subject to budget
202approval as defined in s. 195.087(2), to perform the expressed
203state duties as agent of the department for his or her county
204pursuant to s. 320.03 and this chapter.
205     (8)  The county tax collector, as the exclusive agent of
206the Department of Highway Safety and Motor Vehicles, shall be
207paid fees for driver license services as authorized by this
208chapter.
209     Section 7.  Paragraph (a) of subsection (1) of section
210322.17, 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
213license issued under the provisions of this chapter is lost,
214mutilated, or destroyed, the person to whom the same was issued
215may, upon payment of the appropriate fee pursuant to s. 322.21,
216obtain a replacement upon furnishing proof satisfactory to the
217department that such permit or license has been lost, mutilated,
218or destroyed, and further furnishing the full name, date of
219birth, sex, residence and mailing address, proof of birth
220satisfactory to the department, and proof of identity
221satisfactory 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
225records.--
226     (11)(a)  The department or an authorized tax collector may
227is authorized to charge the following fees for the following
228services and documents:
229     1.  For providing a transcript of any one individual's
230driver history record or any portion thereof for the past 3
231years or for searching for such record when no record is found
232to be on file....$2.10
233     2.  For providing a transcript of any one individual's
234driver history record or any portion thereof for the past 7
235years or for searching for such record when no record is found
236to be on file....$3.10
237     3.  For providing a certified copy of a transcript of the
238driver history record or any portion thereof for any one
239individual....$3.10
240     4.  For providing a certified photographic copy of a
241document, per page....$1.00
242     5.  For providing an exemplified record....$15.00
243     6.  For providing photocopies of documents, papers,
244letters, clearances, or license or insurance status reports, per
245page....$0.50
246     7.  For assisting persons in searching any one individual's
247driver record at a terminal located at the department's general
248headquarters in Tallahassee....$2.00
249     (12)  The fees collected under this section shall be placed
250in the Highway Safety Operating Trust Fund when the service is
251provided by the department or shall be retained by an authorized
252tax collector who provides the service or document.
253     Section 9.  Subsections (1) and (8) of section 322.21,
254Florida Statutes, are amended to read:
255     322.21  License fees; procedure for handling and collecting
256fees.--
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
260by s. 1003.48; however, if an applicant has completed training
261and is applying for employment or is currently employed in a
262public or nonpublic school system that requires the commercial
263license, the fee shall be the same as for a Class E driver's
264license. When a tax collector issues a renewal commercial
265driver's license, the tax collector shall retain $10 of the $67
266fee for providing the service. A delinquent fee of $1 shall be
267added for a renewal made not more than 12 months after the
268license expiration date.
269     (b)  An original Class E driver's license is $40 $27, which
270shall include the fee for driver's education provided by s.
2711003.48; however, if an applicant has completed training and is
272applying for employment or is currently employed in a public or
273nonpublic school system that requires a commercial driver
274license, the fee shall be the same as for a Class E license.
275When a tax collector issues an original Class E driver's
276license, the tax collector shall retain $12 of the $40 fee for
277providing the service.
278     (c)  The renewal or extension of a Class E driver's license
279or of a license restricted to motorcycle use only is $30. When a
280tax collector issues such renewal, the tax collector shall
281retain $10 of the $30 fee for providing the service. $20, except
282that A delinquent fee of $1 shall be added for a renewal or
283extension made not more than 12 months after the license
284expiration date. The fee provided in this paragraph shall
285include the fee for driver's education provided by s. 1003.48.
286     (d)  An original driver's license restricted to motorcycle
287use only is $40. When a tax collector issues the original
288license restricted to motorcycle use, the tax collector shall
289retain $10 of the $40 fee for providing the service. The fee
290provided in this paragraph $27, which shall include the fee for
291driver's education provided by s. 1003.48.
292     (e)  A replacement driver's license issued pursuant to s.
293322.17 is $15 $10. Of this amount $5 $7 shall be deposited into
294the Highway Safety Operating Trust Fund and $10 $3 shall be
295deposited into the General Revenue Fund, except that, when a tax
296collector issues the replacement license, $3 shall be deposited
297into the General Revenue Fund and the tax collector shall retain
298$7 for providing the service.
299     (f)  An original, renewal, or replacement identification
300card issued pursuant to s. 322.051 is $15 $10. Funds collected
301from these fees shall be distributed as follows:
302     1.  For an original identification card issued pursuant to
303s. 322.051 the fee shall be $15 $10. This amount shall be
304deposited into the General Revenue Fund, except that, when a tax
305collector issues the original identification card, $10 shall be
306deposited into the General Revenue Fund and the tax collector
307shall retain $5 of the $15 fee for providing the service.
308     2.  For a renewal identification card issued pursuant to s.
309322.051 the fee shall be $15 $10. Of this amount, $6 shall be
310deposited into the Highway Safety Operating Trust Fund and $9 $4
311shall be deposited into the General Revenue Fund, except that,
312when a tax collector issues the renewal identification card, $4
313shall be deposited into the General Revenue Fund and the tax
314collector shall retain $5 of the $15 fee for providing the
315service.
316     3.  For a replacement identification card issued pursuant
317to s. 322.051 the fee shall be $15 $10. Of this amount, $9 shall
318be deposited into the Highway Safety Operating Trust Fund and $6
319$1 shall be deposited into the General Revenue Fund, except
320that, when a tax collector issues the replacement identification
321card, $10 shall be deposited into the General Revenue Fund and
322the tax collector shall retain $5 of the $15 fee for providing
323the service.
324     (g)  Each endorsement required by s. 322.57 is $12 $7. When
325a tax collector provides the endorsement, the tax collector
326shall retain $5 of the $12 fee for providing the service.
327     (h)  A hazardous-materials endorsement, as required by s.
328322.57(1)(d), shall be set by the department by rule and shall
329reflect the cost of the required criminal history check,
330including the cost of the state and federal fingerprint check,
331and the cost to the department of providing and issuing the
332license. The fee shall not exceed $100. This fee shall be
333deposited in the Highway Safety Operating Trust Fund. The
334department may adopt rules to administer this section.
335     (i)1.  Each knowledge skills oral examination given
336pursuant to s. 322.12(3)(b) by a computer language
337interpretation program provided by the department in Spanish or
338French Creole is $25, which shall be deposited into the General
339Revenue Fund, except that, when a tax collector provides the
340computer oral examination, $5 shall be deposited into the
341General Revenue Fund and the tax collector shall retain $20 of
342the $25 fee for providing the service.
343     2.  Each knowledge skills oral examination given pursuant
344to s. 322.12(3)(b) without computer program assistance is $45,
345which shall be deposited into the General Revenue Fund, except
346that, when a tax collector provides the knowledge skills oral
347examination, $5 shall be deposited into the General Revenue Fund
348and the tax collector shall retain $40 of the $45 fee for
349providing the service.
350     (8)  Any person who applies for reinstatement following the
351suspension or revocation of the person's driver's license shall
352pay a service fee of $35 following a suspension, and $60
353following a revocation, which is in addition to the fee for a
354license. Any person who applies for reinstatement of a
355commercial driver's license following the disqualification of
356the person's privilege to operate a commercial motor vehicle
357shall pay a service fee of $60, which is in addition to the fee
358for a license. The department shall collect all of these fees at
359the time of reinstatement. The department shall issue proper
360receipts for such fees and shall promptly transmit all funds
361received by it as follows:
362     (a)  Of the $35 fee received from a licensee for
363reinstatement following a suspension, the department shall
364deposit $15 in the General Revenue Fund and $20 in the Highway
365Safety Operating Trust Fund, except that, when a tax collector
366provides the reinstatement, $15 shall be deposited into the
367General Revenue Fund and the tax collector shall retain $20 of
368the $35 fee for providing the reinstatement.
369     (b)  Of the $60 fee received from a licensee for
370reinstatement following a revocation or disqualification, the
371department shall deposit $35 in the General Revenue Fund and $25
372in the Highway Safety Operating Trust Fund, except that, when a
373tax collector provides the reinstatement, $35 shall be deposited
374into the General Revenue Fund and the tax collector shall retain
375$25 of the $60 fee for providing the reinstatement.
376
377If the revocation or suspension of the driver's license was for
378a violation of s. 316.193, or for refusal to submit to a lawful
379breath, blood, or urine test, an additional fee of $115 must be
380charged. However, only one $115 fee may be collected from one
381person convicted of violations arising out of the same incident.
382The department shall collect the $115 fee and deposit the fee
383into the Highway Safety Operating Trust Fund at the time of
384reinstatement of the person's driver's license, but the fee may
385not be collected if the suspension or revocation is overturned.
386If the revocation or suspension of the driver's license was for
387a conviction for a violation of s. 817.234(8) or (9) or s.
388817.505, an additional fee of $180 is imposed for each offense.
389The department shall collect and deposit the additional fee into
390the Highway Safety Operating Trust Fund at the time of
391reinstatement of the person's driver's license.
392     Section 10.  Subsection (1) of section 322.29, Florida
393Statutes, is amended to read:
394     322.29  Surrender and return of license.--
395     (1)  The department, upon suspending or revoking a license,
396shall require that such license be surrendered to the
397department. At the end of the period of suspension, such license
398so surrendered shall be returned, or a duplicate license issued
399upon payment of the applicable replacement license fee imposed
400by s. 322.21, to the licensee after the applicant has
401successfully passed the vision, sign, and traffic law
402examinations. In addition, pursuant to s. 322.221, the
403department may require the licensee to successfully complete a
404driving examination. The department is prohibited from requiring
405the surrender of a license except as authorized by this chapter.
406     Section 11.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.