Florida 2022 2022 Regular Session

Florida House Bill H1461 Comm Sub / Bill

Filed 02/08/2022

                       
 
CS/HB 1461  	2022 
 
 
 
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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 
Drive for Success Pilot Program within the Florida 4 
Clerks of Court Operations Corporation to assist 5 
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 Court 9 
Clerks and Comptrollers for certain purposes; 10 
providing duties of the clerks of court; prohibiting 11 
eligibility under certain circumstances; requiring 12 
reinstatement of a participant's driving privilege 13 
under certain circumstances; requiring the clerks of 14 
court to submit reports to the Florida Clerks of Court 15 
Operations Corporation; requiring the Florida Clerks 16 
of Court Operations Corporation to submit a report to 17 
the Governor and Legislature; providing for expiration 18 
of the pilot program on a certain date; provid ing an 19 
effective date. 20 
 21 
Be It Enacted by the Legislature of the State of Florida: 22 
 23 
 Section 1.  Section 322.755, Florida Statutes, is created 24 
to read: 25     
 
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 322.755  Drive for Success Pilot Program. — 26 
 (1)  There is created within the Florida Clerks of Cou rt 27 
Operations Corporation the Drive for Success Pilot Program. The 28 
purpose of the pilot program is to assist persons whose driver 29 
licenses have been suspended, and who have unpaid traffic 30 
citations or unpaid court costs, fines, or fees, in reinstating 31 
their driver licenses. 32 
 (2)  The Drive for Success Pilot Program shall be 33 
administered by the clerks of court in at least six counties 34 
selected by the Florida Clerks of Court Operations Corporation. 35 
Each clerk of court may collaborate with the Florida Associat ion 36 
of Court Clerks and Comptrollers to promote and develop 37 
communications regarding the pilot program. 38 
 (3)  Each clerk of court participating in the pilot program 39 
must make an effort to contact persons whose driver licenses are 40 
suspended for failure to p ay court-ordered financial 41 
obligations, including unpaid traffic citations or unpaid court 42 
costs, fines, or fees, and encourage such persons to establish a 43 
partial payment agreement for the fulfillment of such 44 
obligations under the pilot program. 45 
 (4)  A person is not eligible for driver license 46 
reinstatement under the pilot program if his or her driver 47 
license is suspended or revoked due to: 48 
 (a)  Failure to fulfill a court -ordered child support 49 
obligation; 50     
 
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 (b)  A violation of s. 316.193; 51 
 (c)  Failure to complete a driver training program, driver 52 
improvement course, or alcohol or substance abuse education or 53 
evaluation program required under s. 316.192, s. 316.193, s. 54 
322.2616, or s. 322.271; 55 
 (d)  A traffic-related felony; or 56 
 (e)  Designation as a habit ual traffic offender under s. 57 
322.264. 58 
 (5)  For each person who consents to participate in the 59 
pilot program and establishes a partial payment agreement, the 60 
clerk of court must: 61 
 (a)  Test, at a minimum, the efficacy of communicating with 62 
the person via telephone, text message, e -mail, or other 63 
electronic means to notify the person of a payment's due date in 64 
advance and, if necessary thereafter, to notify the person of a 65 
missed payment; and 66 
 (b)  Establish consequences for failing to make t imely 67 
payments under the partial payment agreement, including, but not 68 
limited to, specifying the period of time after which his or her 69 
license may be suspended for failing to make a payment. 70 
 (6)  Upon submission of the first payment in a partial 71 
payment agreement to the clerk of court, the clerk shall release 72 
the suspension of the person's driver license in the department 73 
database, or shall issue a written release for the person to 74 
present to the department or an authorized agent of the 75     
 
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department, after which the person's driving privilege shall be 76 
reinstated. 77 
 (7)(a)  By December 31, 2024, each clerk of court 78 
participating in the pilot program shall submit a report to the 79 
Florida Clerks of Court Operations Corporation that includes: 80 
 1.  The number of ca ses paid in full. 81 
 2.  The number of cases for which a partial payment 82 
agreement is established. 83 
 3.  The number of driver license reinstatements. 84 
 4.  The number of driver licenses made eligible for 85 
reinstatement. 86 
 5.  The amount of fees and costs collect ed during the 3 87 
years preceding administration of the pilot program and 88 
throughout the duration of the pilot program. 89 
 6.  The personnel, operating, security, and other 90 
expenditures incurred by the clerk of court. 91 
 7.  The number of cases that fail to comp ly with a partial 92 
payment agreement and subsequently result in driver license 93 
suspension. 94 
 (b)  By February 28, 2025, the Florida Clerks of Court 95 
Operations Corporation shall compile the reports received under 96 
paragraph (a) and submit such reports, along w ith a list of its 97 
findings and recommendations regarding the pilot program, to the 98 
Governor, the President of the Senate, the Speaker of the House 99 
of Representatives, and the minority leaders of the Senate and 100     
 
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the House of Representatives. 101 
 (8)  The Drive for Success Pilot Program shall expire on 102 
June 30, 2026, unless otherwise provided by law. The expiration 103 
of the pilot program shall not affect the validity of a partial 104 
payment agreement established before June 30, 2026. 105 
 Section 2.  This act shall take effect July 1, 2022. 106