Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1528
       
       
       
       
       
       
                                Barcode 307112                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (12) through (45) of section
    6  322.01, Florida Statutes, are renumbered as subsections (13)
    7  through (46), respectively, and a new subsection (12) is added
    8  to that section, to read:
    9         322.01 Definitions.—As used in this chapter:
   10         (12)“County tax collector” means the tax collector, as
   11  defined in s. 192.001, when acting as an authorized agent of the
   12  department.
   13         Section 2. Subsection (3) of section 322.051, Florida
   14  Statutes, is amended to read:
   15         322.051 Identification cards.—
   16         (3) If an identification card issued under this section is
   17  lost, destroyed, or mutilated or a new name is acquired, the
   18  person to whom it was issued may obtain a duplicate upon
   19  furnishing satisfactory proof of such fact to the department and
   20  upon payment of the applicable fee required by s. 322.21 a fee
   21  of $10 for such duplicate, $2.50 of which shall be deposited
   22  into the General Revenue Fund and $7.50 into the Highway Safety
   23  Operating Trust Fund. The fee shall include payment for the
   24  color photograph or digital image of the applicant. Any person
   25  who loses an identification card and who, after obtaining a
   26  duplicate, finds the original card shall immediately surrender
   27  the original card to the department. The same documentary
   28  evidence shall be furnished for a duplicate as for an original
   29  identification card.
   30         Section 3. Subsection (2) of section 322.058, Florida
   31  Statutes, is amended to read:
   32         322.058 Suspension of driving privileges due to support
   33  delinquency; reinstatement.—
   34         (2) The department must reinstate the driving privilege and
   35  allow registration of a motor vehicle when the person pays the
   36  fees required by s. 322.21(8) and the Title IV-D agency in IV-D
   37  cases or the depository or the clerk of the court in non-IV-D
   38  cases provides to the department an affidavit stating that:
   39         (a) The person has paid the delinquency;
   40         (b) The person has reached a written agreement for payment
   41  with the Title IV-D agency or the obligee in non-IV-D cases;
   42         (c) A court has entered an order granting relief to the
   43  obligor ordering the reinstatement of the license and motor
   44  vehicle registration; or
   45         (d) The person has complied with the subpoena, order to
   46  appear, order to show cause, or similar order.
   47         Section 4. Subsections (1), (3), (5), and (8) of section
   48  322.135, Florida Statutes, are amended to read:
   49         322.135 Driver’s license agents.—
   50         (1) The department may, upon application, authorize any or
   51  all of the tax collectors in the several counties of the state,
   52  subject to the requirements of law, in accordance with rules of
   53  the department, to serve as its agent for the provision of
   54  specified driver’s license services.
   55         (a) These services shall be limited to the issuance of
   56  driver’s licenses and identification cards as authorized by this
   57  chapter.
   58         (b) Each tax collector who is authorized by the department
   59  to provide driver’s license services shall bear all costs
   60  associated with providing those services.
   61         (c) A fee of $5.25 is to be charged, in addition to the
   62  fees set forth in this chapter, for any driver’s license
   63  transaction administered issued or renewed by a tax collector.
   64         (d)On July 1, 2013, and on July 1 every 5 years
   65  thereafter, the fee in paragraph (c) shall be adjusted by the
   66  percentage change in the Consumer Price Index for All Urban
   67  Consumers since the fee was last adjusted, unless otherwise
   68  provided by general law. The driver’s license transaction fee
   69  shall take effect July 1.
   70         (3)(a) Each tax collector shall keep a full and complete
   71  record of all materials, records, and other properties received
   72  by him or her from the department, or from any other source, and
   73  shall make prompt remittance of moneys collected by him or her
   74  at such times and in such manner as prescribed by law, in
   75  accordance with departmental rules.
   76         (b)A tax collector may establish one or more branch
   77  offices by acquiring title to real property or by lease
   78  agreement and may staff and equip such office, subject to budget
   79  approval, as defined in s. 195.087(2), to perform the expressed
   80  state duties as an agent of the department for his or her county
   81  pursuant to s. 320.03 and this chapter.
   82         (5) The county tax collector at his or her option may apply
   83  to the department for approval by the executive director to be
   84  the exclusive agent of the department for his or her county to
   85  administer driver license services as provided and authorized in
   86  this chapter. Tax collectors who are providing driver license
   87  services may, by interlocal agreement, provide driver license
   88  services in another tax collector’s county in order to provide
   89  efficient service and minimize the cost of service delivery.
   90         (a) The application by the county tax collector shall be in
   91  writing to the executive director of the department. The
   92  application must be submitted by September 1 to be effective for
   93  the state’s subsequent fiscal year beginning July 1.
   94         (b) The department shall provide a form for such
   95  application, which shall include the following information:
   96         1. Locations within the county where offices and branch
   97  offices for driver license services are proposed.
   98         2. The designation by the tax collector of the driver
   99  license functions to be performed by the tax collector in the
  100  county.
  101         3. Any anticipated capital acquisition or construction
  102  costs.
  103         4. A projection of equipment available or to be provided by
  104  the department.
  105         5. All anticipated operating costs, including facilities,
  106  equipment, and personnel to administer driver license services.
  107         (c) The department shall review applications on or before
  108  September 1 of each year. The department shall compare the costs
  109  included in the information submitted in the application with
  110  the related costs incurred by the department to accomplish the
  111  same level of services. The department shall approve or deny an
  112  application within 60 calendar days after the application is
  113  received unless the department and the applicant agree mutually
  114  to a specific alternative date.
  115         (d) The department may provide technical assistance to an
  116  applicant upon request.
  117         (8) The county tax collector, as the exclusive agent of the
  118  Department of Highway Safety and Motor Vehicles, shall be paid
  119  fees, as provided in this chapter, for driver license services,
  120  in addition to the fee provided in paragraph (1)(c).
  121         Section 5. Paragraph (a) of subsection (1) of section
  122  322.17, Florida Statutes, is amended to read:
  123         322.17 Replacement licenses and permits.—
  124         (1)(a) In the event that an instruction permit or driver’s
  125  license issued under the provisions of this chapter is lost,
  126  mutilated, or destroyed, the person to whom the same was issued
  127  may, upon payment of the appropriate fee pursuant to s. 322.21,
  128  obtain a replacement upon furnishing proof satisfactory to the
  129  department that such permit or license has been lost, mutilated,
  130  or destroyed, and further furnishing the full name, date of
  131  birth, sex, residence and mailing address, proof of birth
  132  satisfactory to the department, and proof of identity
  133  satisfactory to the department.
  134         Section 6. Subsection (1) of section 322.21, Florida
  135  Statutes, is amended to read:
  136         322.21 License fees; procedure for handling and collecting
  137  fees.—
  138         (1) Except as otherwise provided herein, the fee for:
  139         (a) An original or renewal commercial driver’s license is
  140  $75 $67, which shall include the fee for driver education
  141  provided by s. 1003.48; however, if an applicant has completed
  142  training and is applying for employment or is currently employed
  143  in a public or nonpublic school system that requires the
  144  commercial license, the fee shall be the same as for a Class E
  145  driver’s license. A delinquent fee of $10 $1 shall be added for
  146  a renewal made not more than 12 months after the license
  147  expiration date.
  148         (b) An original Class E driver’s license is $40 $27, which
  149  shall include the fee for driver’s education provided by s.
  150  1003.48; however, if an applicant has completed training and is
  151  applying for employment or is currently employed in a public or
  152  nonpublic school system that requires a commercial driver
  153  license, the fee shall be the same as for a Class E license. A
  154  tax collector shall retain $12 of the $40 fee for issuing an
  155  original Class E driver’s license.
  156         (c) The renewal or extension of a Class E driver’s license
  157  or of a license restricted to motorcycle use only is $20, except
  158  that a delinquent fee of $1 shall be added for a renewal or
  159  extension made not more than 12 months after the license
  160  expiration date. The fee provided in this paragraph shall
  161  include the fee for driver’s education provided by s. 1003.48.
  162         (d) An original driver’s license restricted to motorcycle
  163  use only is $27, which shall include the fee for driver’s
  164  education provided by s. 1003.48.
  165         (e) A replacement driver’s license issued pursuant to s.
  166  322.17 is $10. Of this amount $7 shall be deposited into the
  167  Highway Safety Operating Trust Fund and $3 shall be deposited
  168  into the General Revenue Fund.
  169         (f) An original, renewal, or replacement identification
  170  card issued pursuant to s. 322.051 is $10. Funds collected from
  171  these fees shall be distributed as follows:
  172         1. For an original identification card issued pursuant to
  173  s. 322.051 the fee shall be $10. This amount shall be deposited
  174  into the General Revenue Fund.
  175         2. For a renewal identification card issued pursuant to s.
  176  322.051 the fee shall be $10. Of this amount, $6 shall be
  177  deposited into the Highway Safety Operating Trust Fund and $4
  178  shall be deposited into the General Revenue Fund.
  179         3. For a replacement identification card issued pursuant to
  180  s. 322.051 the fee shall be $10. Of this amount, $9 shall be
  181  deposited into the Highway Safety Operating Trust Fund and $1
  182  shall be deposited into the General Revenue Fund.
  183         (g) Each endorsement required by s. 322.57 is $7.
  184         (h) A hazardous-materials endorsement, as required by s.
  185  322.57(1)(d), shall be set by the department by rule and shall
  186  reflect the cost of the required criminal history check,
  187  including the cost of the state and federal fingerprint check,
  188  and the cost to the department of providing and issuing the
  189  license. The fee shall not exceed $100. This fee shall be
  190  deposited in the Highway Safety Operating Trust Fund. The
  191  department may adopt rules to administer this section.
  192         Section 7. Subsection (1) of section 322.29, Florida
  193  Statutes, is amended to read:
  194         322.29 Surrender and return of license.—
  195         (1) The department, upon suspending or revoking a license,
  196  shall require that such license be surrendered to the
  197  department. At the end of the period of suspension, such license
  198  so surrendered shall be returned, or a duplicate license issued,
  199  to the licensee after the applicant has successfully passed the
  200  vision, sign, and traffic law examinations and paid the
  201  applicable fee pursuant to s. 322.21. In addition, pursuant to
  202  s. 322.221, the department may require the licensee to
  203  successfully complete a driving examination. The department is
  204  prohibited from requiring the surrender of a license except as
  205  authorized by this chapter.
  206         Section 8. Subsection (4) of section 322.61, Florida
  207  Statutes, is amended to read:
  208         322.61 Disqualification from operating a commercial motor
  209  vehicle.—
  210         (4) Any person who is transporting hazardous materials as
  211  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
  212  offense specified in subsection (3), be disqualified from
  213  operating a commercial motor vehicle for a period of 3 years.
  214  The penalty provided in this subsection shall be in addition to
  215  any other applicable penalty.
  216         Section 9. This act shall take effect July 1, 2009.
  217  
  218  ================= T I T L E  A M E N D M E N T ================
  219         And the title is amended as follows:
  220         Delete everything before the enacting clause
  221  and insert:
  222                        A bill to be entitled                      
  223         An act relating to driver’s licenses; amending s.
  224         322.01, F.S.; providing a definition; amending s.
  225         322.051, F.S.; revising requirements for obtaining a
  226         duplicate identification card; amending s. 322.058,
  227         F.S.; providing for reinstatement of a person’s
  228         driving privilege and motor vehicle registration upon
  229         payment of certain fees; amending s. 322.135, F.S.;
  230         providing for the periodic adjustment of a service fee
  231         for tax collectors; authorizing tax collectors to
  232         establish branch offices; amending s. 322.17, F.S.;
  233         providing for a replacement license or permit to
  234         replace one that is mutilated; amending s. 322.21,
  235         F.S.; authorizing county tax collectors to retain
  236         certain fees and increasing such fees; amending s.
  237         322.29, F.S.; clarifying provisions governing the
  238         payment of fees upon the reinstatement of a license;
  239         amending s. 322.61, F.S.; conforming a cross
  240         reference; providing an effective date.