HB 1461 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to reinstatement of suspended driver 2
licenses; creating s. 322.755, F.S.; creating the 3
Operation Green Light Pilot Program within the 4
Department of Highway Safety and Motor Vehicles to 5
assist certain persons in reinstating suspended driver 6
licenses; requiring administration of the program by 7
clerks of court in certain counties; authorizing 8
collaboration with the Florida Association of Co urt 9
Clerks and Comptrollers for certain purposes; 10
providing eligibility requirements; prohibiting 11
eligibility under certain circumstances; providing 12
requirements for participation in the program; 13
providing duties of the clerk of court and the 14
department; requiring execution of a written agreement 15
between the clerk of court and a participant; 16
providing agreement requirements; requiring 17
reinstatement of a participant's driving privilege 18
under certain circumstances; requiring the clerk of 19
court to provide cert ain documentation to a 20
participant; requiring maintenance of certain records; 21
requiring the clerks of court to submit reports to the 22
department; requiring the department to submit a 23
report to the Governor and Legislature; providing an 24
effective date. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Section 322.755, Florida Statutes, is created 29
to read: 30
322.755 Operation Green Light Pilot Program. — 31
(1) There is created within the Department of Highway 32
Safety and Motor Vehicl es the Operation Green Light Pilot 33
Program. The purpose of the pilot program is to assist persons 34
whose driver licenses have been suspended and who have unpaid 35
traffic citations or unpaid court costs, fines, or fees in 36
reinstating their suspended driver li censes. 37
(2) The Operation Green Light Pilot Program shall be 38
administered by the clerks of court in five counties. Each clerk 39
of court may collaborate with the Florida Association of Court 40
Clerks and Comptrollers to promote and develop communications 41
regarding the pilot program. 42
(3)(a) A person is eligible for driver license 43
reinstatement under the pilot program if his or her license was 44
suspended due to: 45
1. Driving without a valid driver license; 46
2. Driving with a suspended driver license; 47
3. Failing to make a payment on penalties in collection; 48
4. Failing to appear in court for a traffic violation; or 49
5. Failing to comply with any provision of chapter 318 or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this chapter. 51
(b) Notwithstanding paragraphs (4)(a) -(c), a person is 52
eligible for driver license reinstatement under the pilot 53
program if the period of suspension or revocation has elapsed, 54
the person has completed any required course or program as 55
described in paragraph (4)(c), and the person is otherwise 56
eligible for reinstatement. 57
(4) A person is not eligible for driver license 58
reinstatement under the pilot program if his or her driver 59
license is suspended or revoked due to: 60
(a) Failure to fulfill a court -ordered child support 61
obligation; 62
(b) A violation of s. 316.193; 63
(c) Failure to complete a driver training program, driver 64
improvement course, or alcohol or substance abuse education or 65
evaluation program required under s. 316.192, s. 316.193, s. 66
322.2616, or s. 322.271; 67
(d) A traffic-related felony; or 68
(e) Designation as a habitual traffic offender under s. 69
322.264. 70
(5) The clerk of court and the Department of Highway 71
Safety and Motor Vehicles shall verify any information necessary 72
for driver license reinstatement under the pilot program. 73
(6)(a) In order to par ticipate in the pilot program, a 74
person must contact the clerk of court, in person or by 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
telephonic or electronic means, and request that the clerk of 76
court, for purposes of reinstating the person's driver license: 77
1. Accept payment in full of all outsta nding fees and 78
costs; or 79
2. Establish a payment plan by which the person may submit 80
periodic payments to the clerk of all outstanding fees and costs 81
until such fees and costs are paid in full. 82
(b) Upon receipt of a request under paragraph (a), the 83
clerk of court shall: 84
1. Determine the total amount of fees and costs owed by 85
the person. The person must pay the full license reinstatement 86
fee; however, the clerk may reduce or waive other fees and 87
costs, except those imposed by the court, to facilitate 88
reinstatement. 89
2. Determine whether the department has suspended the 90
person's license for a reason other than nonpayment of such fees 91
or costs, including, but not limited to, those enumerated in 92
paragraphs (4)(b)-(e). If so, the clerk shall inform the pers on 93
of his or her responsibility to clear all nonmonetary 94
obligations before becoming eligible for driver license 95
reinstatement under the pilot program. 96
3. Except as provided in subparagraph 4., if the person 97
has requested the establishment of a payment p lan, establish the 98
amount of a down payment and monthly payments, according to the 99
person's financial ability, to be submitted to the clerk until 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
all outstanding fees and costs are paid in full. A down payment 101
must equal at least 10 percent of the total am ount of 102
outstanding fees and costs. 103
4. Determine whether submitting payments under a payment 104
plan will result in the assessment of points sufficient to 105
suspend the person's driver license or will result in the 106
person's being designated as a habitual traf fic offender under 107
s. 322.264. If so, the clerk, as an alternative to establishing 108
a payment plan, shall specify a payment order by which the 109
person may satisfy each outstanding fee and cost until all are 110
paid in full. 111
(7)(a) A person who enters into a p ayment plan or payment 112
order under subsection (6) must execute a written payment 113
agreement with the clerk of court which must provide: 114
1. The total amount of fees and costs owed by the person. 115
2. If the person has entered into a payment plan: 116
a. The down payment amount and monthly payment amount 117
established under subparagraph (6)(b)3. 118
b. The date on which each monthly payment is due. 119
3. If the person has entered into a payment order, an 120
enumerated list of each payment and the date on which each 121
payment is due. 122
4. Notice that payments may be made in person or by 123
telephonic or electronic means or that the person may elect to 124
have monthly payments automatically withdrawn from a credit 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
account or debit account. 126
5. A statement that noncompliance wit h the payment plan or 127
payment order may result in suspension of the person's driving 128
privilege. 129
(b) Upon submission of a down payment, or the first 130
payment in a payment order, to the clerk of court, the clerk 131
shall release the suspension of the person's driver license in 132
the department database, or shall issue a written release for 133
the person to present to the department or an authorized agent 134
of the department, after which the person's driving privilege 135
shall be reinstated. 136
(c) The clerk of court must provide the person with a copy 137
of the written payment agreement entered into under paragraph 138
(a) and a monthly statement of the balance owed by the person. 139
The clerk is responsible for maintaining records relating to 140
each person participating in the pilot program, which shall 141
include, but not be limited to: 142
1. The person's first and last name, date of birth, 143
mailing address, e-mail address, telephone number, and case 144
number. 145
2. The total amount of fees and costs owed by the person 146
before participation i n the pilot program. 147
3. If the person has entered into a payment plan or 148
payment order, the date on which each payment is due, the date 149
on which each payment is made, and the amount paid. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4. The current balance owed by the person. 151
(d) The clerk of court must send to a person who has 152
entered into a payment plan or payment order, via an automated 153
telephone message, text message, or e -mail, a reminder notice 4 154
business days before the next payment is due. If the payment is 155
not received within 7 business days after the date due, the 156
clerk must send a second reminder notice. If the payment is not 157
received within 30 days after the second reminder notice is 158
sent, the clerk must send to the person, by first -class mail, a 159
written notice that the person has failed to comply with the 160
payment plan or payment order and that his or her driving 161
privilege may be suspended. 162
(7)(a) By July 1, 2024, each clerk of court participating 163
in the pilot program shall submit a report to the department 164
that includes: 165
1. The number of cases paid in full. 166
2. The number of cases put on a payment plan or payment 167
order. 168
3. The number of driver license reinstatements. 169
4. The number of driver licenses made eligible for 170
reinstatement. 171
5. The amount of fees and costs collected. 172
6. The personnel, operating, security, and other 173
expenditures incurred by the clerk of court. 174
7. The number of cases that fail to comply with a payment 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
plan or payment order and subsequently result in driver license 176
suspension. 177
(b) By September 1, 2024, the department shall compile the 178
reports received under paragraph (a) and submit such reports, 179
along with a list of its findings and recommendations regarding 180
the pilot program, to the Governor, the President of the Senate, 181
and the Speaker of the House of Representatives. 182
Section 2. This act shall take effect July 1, 2022. 183