Florida Senate - 2009                             CS for SB 1528
       
       
       
       By the Committee on Transportation; and Senator Baker
       
       
       
       
       596-05011A-09                                         20091528c1
    1                        A bill to be entitled                      
    2         An act relating to driver’s licenses; amending s.
    3         322.01, F.S.; providing a definition; amending s.
    4         322.051, F.S.; revising requirements for obtaining a
    5         duplicate identification card; amending s. 322.058,
    6         F.S.; providing for reinstatement of a person’s
    7         driving privilege and motor vehicle registration upon
    8         payment of certain fees; amending s. 322.135, F.S.;
    9         authorizing tax collectors to establish branch
   10         offices; amending s. 322.17, F.S.; providing for a
   11         replacement license or permit to replace one that is
   12         mutilated; amending s. 322.21, F.S.; authorizing
   13         county tax collectors to retain certain fees; amending
   14         s. 322.29, F.S.; clarifying provisions governing the
   15         payment of fees upon the reinstatement of a license;
   16         amending s. 322.61, F.S.; conforming a cross
   17         reference; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (12) through (45) of section
   22  322.01, Florida Statutes, are renumbered as subsections (13)
   23  through (46), respectively, and a new subsection (12) is added
   24  to that section, to read:
   25         322.01 Definitions.—As used in this chapter:
   26         (12)“County tax collector” means the tax collector, as
   27  defined in s. 192.001, when acting as an authorized agent of the
   28  department.
   29         Section 2. Subsection (3) of section 322.051, Florida
   30  Statutes, is amended to read:
   31         322.051 Identification cards.—
   32         (3) If an identification card issued under this section is
   33  lost, destroyed, or mutilated or a new name is acquired, the
   34  person to whom it was issued may obtain a duplicate upon
   35  furnishing satisfactory proof of such fact to the department and
   36  upon payment of the applicable fee required by s. 322.21 a fee
   37  of $10 for such duplicate, $2.50 of which shall be deposited
   38  into the General Revenue Fund and $7.50 into the Highway Safety
   39  Operating Trust Fund. The fee shall include payment for the
   40  color photograph or digital image of the applicant. Any person
   41  who loses an identification card and who, after obtaining a
   42  duplicate, finds the original card shall immediately surrender
   43  the original card to the department. The same documentary
   44  evidence shall be furnished for a duplicate as for an original
   45  identification card.
   46         Section 3. Subsection (2) of section 322.058, Florida
   47  Statutes, is amended to read:
   48         322.058 Suspension of driving privileges due to support
   49  delinquency; reinstatement.—
   50         (2) The department must reinstate the driving privilege and
   51  allow registration of a motor vehicle when the person pays the
   52  fees required by s. 322.21(8) and the Title IV-D agency in IV-D
   53  cases or the depository or the clerk of the court in non-IV-D
   54  cases provides to the department an affidavit stating that:
   55         (a) The person has paid the delinquency;
   56         (b) The person has reached a written agreement for payment
   57  with the Title IV-D agency or the obligee in non-IV-D cases;
   58         (c) A court has entered an order granting relief to the
   59  obligor ordering the reinstatement of the license and motor
   60  vehicle registration; or
   61         (d) The person has complied with the subpoena, order to
   62  appear, order to show cause, or similar order.
   63         Section 4. Subsections (1), (3), (5), and (8) of section
   64  322.135, Florida Statutes, are amended to read:
   65         322.135 Driver’s license agents.—
   66         (1) The department may, upon application, authorize any or
   67  all of the tax collectors in the several counties of the state,
   68  subject to the requirements of law, in accordance with rules of
   69  the department, to serve as its agent for the provision of
   70  specified driver’s license services.
   71         (a) These services shall be limited to the issuance of
   72  driver’s licenses and identification cards as authorized by this
   73  chapter.
   74         (b) Each tax collector who is authorized by the department
   75  to provide driver’s license services shall bear all costs
   76  associated with providing those services.
   77         (c) A fee of $5.25 is to be charged, in addition to the
   78  fees set forth in this chapter, for any driver’s license
   79  transaction administered issued or renewed by a tax collector.
   80         (3)(a) Each tax collector shall keep a full and complete
   81  record of all materials, records, and other properties received
   82  by him or her from the department, or from any other source, and
   83  shall make prompt remittance of moneys collected by him or her
   84  at such times and in such manner as prescribed by law, in
   85  accordance with departmental rules.
   86         (b)A tax collector may establish one or more branch
   87  offices by acquiring title to real property or by lease
   88  agreement and may staff and equip such office, subject to budget
   89  approval, as defined in s. 195.087(2), to perform the expressed
   90  state duties as an agent of the department for his or her county
   91  pursuant to s. 320.03 and this chapter.
   92         (5) The county tax collector at his or her option may apply
   93  to the department for approval by the executive director to be
   94  the exclusive agent of the department for his or her county to
   95  administer driver license services as provided and authorized in
   96  this chapter. Tax collectors who are providing driver license
   97  services may, by interlocal agreement, provide driver license
   98  services in another tax collector’s county in order to provide
   99  efficient service and minimize the cost of service delivery.
  100         (a) The application by the county tax collector shall be in
  101  writing to the executive director of the department. The
  102  application must be submitted by September 1 to be effective for
  103  the state’s subsequent fiscal year beginning July 1.
  104         (b) The department shall provide a form for such
  105  application, which shall include the following information:
  106         1. Locations within the county where offices and branch
  107  offices for driver license services are proposed.
  108         2. The designation by the tax collector of the driver
  109  license functions to be performed by the tax collector in the
  110  county.
  111         3. Any anticipated capital acquisition or construction
  112  costs.
  113         4. A projection of equipment available or to be provided by
  114  the department.
  115         5. All anticipated operating costs, including facilities,
  116  equipment, and personnel to administer driver license services.
  117         (c) The department shall review applications on or before
  118  September 1 of each year. The department shall compare the costs
  119  included in the information submitted in the application with
  120  the related costs incurred by the department to accomplish the
  121  same level of services. The department shall approve or deny an
  122  application within 60 calendar days after the application is
  123  received unless the department and the applicant agree mutually
  124  to a specific alternative date.
  125         (d) The department may provide technical assistance to an
  126  applicant upon request.
  127         (8) The county tax collector, as the exclusive agent of the
  128  Department of Highway Safety and Motor Vehicles, shall be paid
  129  fees, as provided in this chapter, for driver license services,
  130  in addition to the fee provided in paragraph (1)(c).
  131         Section 5. Paragraph (a) of subsection (1) of section
  132  322.17, Florida Statutes, is amended to read:
  133         322.17 Replacement licenses and permits.—
  134         (1)(a) In the event that an instruction permit or driver’s
  135  license issued under the provisions of this chapter is lost,
  136  mutilated, or destroyed, the person to whom the same was issued
  137  may, upon payment of the appropriate fee pursuant to s. 322.21,
  138  obtain a replacement upon furnishing proof satisfactory to the
  139  department that such permit or license has been lost, mutilated,
  140  or destroyed, and further furnishing the full name, date of
  141  birth, sex, residence and mailing address, proof of birth
  142  satisfactory to the department, and proof of identity
  143  satisfactory to the department.
  144         Section 6. Subsection (1) of section 322.21, Florida
  145  Statutes, is amended to read:
  146         322.21 License fees; procedure for handling and collecting
  147  fees.—
  148         (1) Except as otherwise provided herein, the fee for:
  149         (a) An original or renewal commercial driver’s license is
  150  $75 $67, which shall include the fee for driver education
  151  provided by s. 1003.48; however, if an applicant has completed
  152  training and is applying for employment or is currently employed
  153  in a public or nonpublic school system that requires the
  154  commercial license, the fee shall be the same as for a Class E
  155  driver’s license. A delinquent fee of $10 $1 shall be added for
  156  a renewal made not more than 12 months after the license
  157  expiration date.
  158         (b) An original Class E driver’s license is $40 $27, which
  159  shall include the fee for driver’s education provided by s.
  160  1003.48; however, if an applicant has completed training and is
  161  applying for employment or is currently employed in a public or
  162  nonpublic school system that requires a commercial driver
  163  license, the fee shall be the same as for a Class E license. A
  164  tax collector shall retain $12 of the $40 fee for issuing an
  165  original Class E driver’s license.
  166         (c) The renewal or extension of a Class E driver’s license
  167  or of a license restricted to motorcycle use only is $20, except
  168  that a delinquent fee of $1 shall be added for a renewal or
  169  extension made not more than 12 months after the license
  170  expiration date. The fee provided in this paragraph shall
  171  include the fee for driver’s education provided by s. 1003.48.
  172         (d) An original driver’s license restricted to motorcycle
  173  use only is $27, which shall include the fee for driver’s
  174  education provided by s. 1003.48.
  175         (e) A replacement driver’s license issued pursuant to s.
  176  322.17 is $10. Of this amount $7 shall be deposited into the
  177  Highway Safety Operating Trust Fund and $3 shall be deposited
  178  into the General Revenue Fund.
  179         (f) An original, renewal, or replacement identification
  180  card issued pursuant to s. 322.051 is $10. Funds collected from
  181  these fees shall be distributed as follows:
  182         1. For an original identification card issued pursuant to
  183  s. 322.051 the fee shall be $10. This amount shall be deposited
  184  into the General Revenue Fund.
  185         2. For a renewal identification card issued pursuant to s.
  186  322.051 the fee shall be $10. Of this amount, $6 shall be
  187  deposited into the Highway Safety Operating Trust Fund and $4
  188  shall be deposited into the General Revenue Fund.
  189         3. For a replacement identification card issued pursuant to
  190  s. 322.051 the fee shall be $10. Of this amount, $9 shall be
  191  deposited into the Highway Safety Operating Trust Fund and $1
  192  shall be deposited into the General Revenue Fund.
  193         (g) Each endorsement required by s. 322.57 is $7.
  194         (h) A hazardous-materials endorsement, as required by s.
  195  322.57(1)(d), shall be set by the department by rule and shall
  196  reflect the cost of the required criminal history check,
  197  including the cost of the state and federal fingerprint check,
  198  and the cost to the department of providing and issuing the
  199  license. The fee shall not exceed $100. This fee shall be
  200  deposited in the Highway Safety Operating Trust Fund. The
  201  department may adopt rules to administer this section.
  202         Section 7. Subsection (1) of section 322.29, Florida
  203  Statutes, is amended to read:
  204         322.29 Surrender and return of license.—
  205         (1) The department, upon suspending or revoking a license,
  206  shall require that such license be surrendered to the
  207  department. At the end of the period of suspension, such license
  208  so surrendered shall be returned, or a duplicate license issued,
  209  to the licensee after the applicant has successfully passed the
  210  vision, sign, and traffic law examinations and paid the
  211  applicable fee pursuant to s. 322.21. In addition, pursuant to
  212  s. 322.221, the department may require the licensee to
  213  successfully complete a driving examination. The department is
  214  prohibited from requiring the surrender of a license except as
  215  authorized by this chapter.
  216         Section 8. Subsection (4) of section 322.61, Florida
  217  Statutes, is amended to read:
  218         322.61 Disqualification from operating a commercial motor
  219  vehicle.—
  220         (4) Any person who is transporting hazardous materials as
  221  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
  222  offense specified in subsection (3), be disqualified from
  223  operating a commercial motor vehicle for a period of 3 years.
  224  The penalty provided in this subsection shall be in addition to
  225  any other applicable penalty.
  226         Section 9. This act shall take effect July 1, 2009.