Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1324
Ì384118-Î384118
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/21/2021 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Rules (Harrell) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 154 and 155
4 insert:
5 Section 2. Subsection (1) of section 322.135, Florida
6 Statutes, is amended to read:
7 322.135 Driver license agents.—
8 (1)(a) The department shall, upon application, authorize by
9 interagency agreement any or all of the tax collectors who are
10 constitutional officers under s. 1(d), Art. VIII of the State
11 Constitution in the several counties of the state, subject to
12 the requirements of law, in accordance with rules of the
13 department, to serve as the department’s its agent for the
14 provision of specified driver license services.
15 (a) These services shall be limited to the issuance of
16 driver licenses and identification cards as authorized by this
17 chapter.
18 (b)1. The Legislature finds that, while digital
19 technologies enhance access to driver license services for most
20 residents, there are underserved populations that remain best
21 served in person by trained professionals, such as license plate
22 agencies, within local communities.
23 2. Effective October 1, 2021, the tax collectors of Broward
24 and Miami-Dade Counties, at each tax collector’s discretion, may
25 participate in a pilot project in which the tax collector
26 contracts with one or more license plate agencies for the
27 provision of all the following specified driver license
28 services:
29 a. Processing a licensee’s application and collecting the
30 required fees for renewal of any driver license that is
31 currently compliant with federal REAL ID Act requirements.
32 b. Processing a licensee’s application for reinstatement of
33 a suspended driver license and collecting the required fees
34 therefor, if the only condition of reinstatement is payment of
35 such fees.
36 c. Processing a licensee’s or cardholder’s request to
37 change his or her address and application for a replacement
38 driver license or identification card, and collecting the
39 required fees therefor, if the driver license or identification
40 card is currently compliant with federal REAL ID Act
41 requirements.
42 3. A participating tax collector of Broward or Miami-Dade
43 Counties who, at each tax collector’s discretion, participates
44 in a pilot project through which the tax collector contracts
45 with one or more license plate agencies for the provision of
46 specified driver license services shall require each license
47 plate agency with which he or she contracts to enter into a
48 memorandum of understanding with the department pertaining to
49 the specified driver license services and to cover the costs
50 associated with any background checks and equipment and services
51 needed to allow the license plate agency to provide driver
52 license services.
53 4. The department shall, upon application of each tax
54 collector electing to participate in the pilot project,
55 authorize the tax collector by interagency agreement, subject to
56 the requirements of law and in accordance with department rule,
57 to provide these services as the department’s agent through one
58 or more license plate agencies.
59 5. The department shall prescribe the best manner of
60 delivering the data access and functionalities to license plate
61 agencies for the purpose of providing specified driver license
62 services to ensure compliance with 6 C.F.R. s. 37.
63 6. A participating tax collector’s election to contract
64 with a license plate agency under this paragraph does not
65 require the tax collector to provide all driver license services
66 authorized under paragraph (a).
67 7. This paragraph does not authorize a license plate agency
68 to issue driver licenses or identification cards or possess any
69 blank driver licenses or identification cards.
70 8. Before providing driver license services under this
71 paragraph, all employees of a license plate agency who are
72 engaged in the delivery of driver license services must be
73 fingerprinted, undergo background checks, and are subject to
74 disqualification from providing such services, to the extent
75 required by 6 C.F.R. s. 37.45.
76 9. Notwithstanding s. 97.057, information gathered under
77 this paragraph for completion of a driver license or
78 identification card renewal or change of address may not be
79 transferred automatically to a voter registration application. A
80 license plate agency providing services under this paragraph
81 shall provide to each licensee or cardholder, in the format
82 prescribed by the department, a printed notice with instructions
83 on how to register to vote or update a voter registration
84 record.
85 10. If funds to be deposited into the State Treasury are
86 collected under this paragraph by a license plate agency, the
87 funds shall be paid into the State Treasury within the period
88 specified in subsection (6) calculated from the date the funds
89 are collected by the license plate agency.
90 11. Each participating tax collector shall review
91 implementation of the pilot project and the provision of the
92 specified driver license services by license plate agencies in
93 its county. The tax collector shall submit a preliminary report
94 of its findings and recommendations to the department by October
95 1, 2024, and the department shall return comments to the tax
96 collector. By December 31, 2024, the tax collector shall submit
97 a final report, together with the department’s comments, to the
98 Governor and Cabinet, the President of the Senate, and the
99 Speaker of the House of Representatives.
100 12. This paragraph expires July 1, 2025.
101 (c)(b) Each tax collector who is authorized by the
102 department to provide driver license services shall bear all
103 costs associated with providing those services.
104 (d)(c) A service fee of $6.25 must be charged, in addition
105 to the fees set forth in this chapter, for providing all
106 services pursuant to this chapter. The service fee may not be
107 charged:
108 1. More than once per customer during a single visit to a
109 tax collector’s office.
110 2. For a reexamination requested by the Medical Advisory
111 Board or required pursuant to s. 322.221.
112 3. For a voter registration transaction.
113 4. In violation of any federal or state law.
114 5. To a veteran receiving any service pursuant to this
115 chapter, upon presentation of a copy of the veteran’s:
116 a. DD Form 214, issued by the United States Department of
117 Defense;
118 b. Veteran health identification card, issued by the United
119 States Department of Veterans Affairs;
120 c. Veteran identification card, issued by the United States
121 Department of Veterans Affairs pursuant to the Veterans
122 Identification Card Act of 2015, Pub. L. No. 114-31; or
123 d. Other acceptable form specified by the Department of
124 Veterans’ Affairs.
125 Section 3. Paragraph (c) of subsection (11) of section
126 322.20, Florida Statutes, is amended to read:
127 322.20 Records of the department; fees; destruction of
128 records.—
129 (11)
130 (c) The clerks of court and tax collectors authorized under
131 s. 322.135, may provide 3-year, 7-year, or complete driver
132 records to any person requesting such records upon payment of
133 the appropriate fees. In addition to the fees authorized under
134 paragraph (a), clerks of court and tax collectors may assess the
135 fee listed in s. 322.135(1)(d) s. 322.135(1)(c) for this
136 service. The applicable record fees listed in paragraph (a) must
137 be remitted to the department no later than 5 days after payment
138 is received, unless a shorter remittance period is required by
139 law.
140
141 ================= T I T L E A M E N D M E N T ================
142 And the title is amended as follows:
143 Between lines 34 and 35
144 insert:
145 322.135, F.S.; providing legislative findings;
146 authorizing certain tax collectors to participate in a
147 pilot project for the provision of specified driver
148 license services by license plate agencies; providing
149 for participating tax collectors to contract with
150 license plate agencies for the provision of specified
151 driver license services; requiring the department to
152 enter into interagency agreements with participating
153 tax collectors; requiring the department to prescribe
154 the best manner of delivering data access and
155 functionalities to license plate agencies; providing
156 construction; requiring certain license plate agency
157 employees to be fingerprinted and undergo background
158 checks according to specified federal requirements;
159 prohibiting certain driver license or identification
160 card information gathered by license plate agencies
161 from being transferred automatically to a voter
162 registration application; requiring license plate
163 agencies providing certain driver license or
164 identification card services to provide licensees and
165 cardholders with certain printed notices about voter
166 registration; providing for the deposit of funds
167 collected by license plate agencies; requiring each
168 participating tax collector to submit reports relating
169 to the pilot project to the department and to the
170 Governor and the Legislature by specified dates;
171 providing for expiration; amending s. 322.20, F.S.;
172 conforming a cross-reference; amending s.