This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1461.CRM
DATE: 2/5/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1461 Reinstatement of Suspended Driver Licenses
SPONSOR(S): Driskell
TIED BILLS: IDEN./SIM. BILLS: SB 1638
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee Frost Hall
2) Tourism, Infrastructure & Energy Subcommittee
3) Appropriations Committee
4) Judiciary Committee
SUMMARY ANALYSIS
The Department of Highway Safety and Motor Vehicles (DHSMV) may, at the request of a clerk of court,
suspend or revoke the driver license of a person for certain financial reasons, such as failure to pay court costs
associated with a criminal case or civil penalties for a traffic violation. Upon referral to collections, an
outstanding obligation may also accumulate a collections surcharge of up to 40 percent. A person with a
suspended or revoked driver license cannot drive or obtain motor vehicle insurance, which can inhibit his or
her ability to work and further compound the problem of outstanding financial obligations. While many counties
participate in periodic Operation Green Light events and all counties are required to host Driver License
Reinstatement days for at least one day a year, current law does not require any ongoing program to assist
individuals with reinstating driver licenses which are suspended for outstanding financial obligations.
HB 1461 creates the Operation Green Light Pilot Program (Pilot Program) within the DHSMV and requires the
Pilot Program to be administered by the clerks of court in five counties. Unlike current Operation Green Light
and Driver License Reinstatement Days events, the Pilot Program is not limited to a single yearly event but
rather is available year-round to those who qualify. Under the bill, a person is eligible for the Pilot Program if
his or her driver license or driving privilege was suspended for:
Driving without a valid driver license;
Driving with a suspended driver license;
Failing to make a payment on penalties in collection;
Failing to appear in court for a traffic violation; or
Failing to comply with directives for a traffic infraction or driver license offense.
A person is not eligible for the Pilot Program if his or her driver license is suspended or revoked for
enumerated reasons, including failure to pay child support and serious traffic offenses such as driving under
the influence and traffic felonies. The bill authorizes the participating clerks of court to waive any costs and
fees not imposed by a court, but requires a participant to pay any reinstatement fees in full. Under the bill, a
Pilot Program participant’s license is reinstated upon paying any outstanding obligations in full or establishing a
payment plan or order with the clerk, executing a written payment plan agreement, and making a down
payment or first payment. Any down payment must equal at least ten percent of the total amount of the
outstanding obligations.
The bill requires each clerk of court participating in the Pilot Program to provide specified payment reminders
to participants, document specified information relating to each participant in the Pilot Program, and to report
specified data to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
The bill may have an indeterminate positive fiscal impact to state and local government revenues, and an
indeterminate, though likely insignificant negative fiscal impact to clerks of court participating in the Pilot
Program.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h1461.CRM PAGE: 2
DATE: 2/5/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Driving Privileges and Driver Licenses
Florida requires a person to hold a driver license
1
or be exempted from licensure to operate a motor
vehicle on the state’s roadways.
2
Exemptions to the licensure requirement include nonresidents who
possess a valid driver license issued by their home states, federal government employees operating a
government vehicle for official business, and people operating a road machine,
3
tractor, or golf cart.
4
Both licensed drivers and exempted individuals have a driving privilege in Florida.
5
The Department of Highway Safety and Motor Vehicles (DHSMV) can revoke or suspend a driver
license or driving privilege for several driving-related and non-driving-related reasons. Revocation
means a termination of the privilege to drive,
6
while suspension means the temporary withdrawal of the
privilege to drive.
7
Both revocations and suspensions can be indefinite or for a defined period of time,
but only revocations in certain circumstances can be permanent.
8
As both revocations and suspensions
functionally prohibit a person from driving, the terms are often used interchangeably in statute.
Examples of driving-related bases for suspension or revocation include:
A conviction for fleeing or attempting to elude a law enforcement officer;
9
Certain noncriminal traffic infractions, such as those causing death or serious bodily injury;
10
Driving under the influence (DUI);
11
Habitual traffic offender (HTO) classification;
12
Refusal to submit to a lawful breath, blood, or urine test in a DUI investigation;
13
Accumulation of points
14
on a driving record; and
Incompetency to drive a motor vehicle.
15
Examples of non-driving-related bases for suspension or revocation include:
Failure to comply with certain court-imposed obligations;
Child support delinquency;
Truancy;
Adjudication of guilt for certain theft offenses committed by a minor, in lieu of probation;
Graffiti by a minor; and
Certain drug convictions.
16
1
Driver license means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle. S.
322.01(17), F.S.
2
S. 322.03(1), F.S.
3
Road machines are road construction equipment. Marrero v. State, 921 So.2d 748, 750 (Fla. 5th DCA 2006).
4
S. 322.04, F.S.
5
State v. Miller, 227 So.3d 562, 564 (Fla. 2017) (“the Legislature’s use of ‘driving privilege’ refers to all individuals who may lawfully
operate vehicles on Florida’s roads, even if they do not possess a Florida driver license”).
6
S. 322.01(37), F.S.
7
S. 322.01(41), F.S.
8
Ss. 322.26(1)(a) and 322.26(2), F.S.
9
S. 316.1935(5), F.S.
10
Ss. 318.14, 318.15, and 322.26, F.S.
11
Ss. 322.26, 322.271, and 322.28, F.S.
12
A person is designated HTO after accumulating three or more enumerated traffic convictions or 15 or more other moving violation
convictions within a five-year period. S. 322.264, F.S.
13
S. 322.2615(1)(b), F.S.
14
S. 322.27(3), F.S. There is an established point system for evaluating traffic violations to determine a person’s continuing qualification
to operate a motor vehicle. S. 322.27(3), F.S.
15
S. 322.27(1)(c), F.S.
16
Ss. 318.15, 832.09, 322.245, 322.058, 322.091, 812.0155, 806.13, and 322.055, F.S. STORAGE NAME: h1461.CRM PAGE: 3
DATE: 2/5/2022
Suspension for Failure to Meet Court-Imposed Obligations
The clerk of court can notify DHSMV to suspend a license for failing to comply with a court-imposed
obligation, such as a person’s failure to:
Timely comply with certain civil penalties;
Enter into or comply with the terms of a penalty payment plan
17
with the clerk of court;
Attend driver improvement school;
Appear for a court appearance;
18
Pay criminal financial obligations; or
Pay child support.
19
Upon notification from the clerk, the DHSMV provides notice to the individual that his or her license will
be suspended by a specified date if he or she fails to comply with whatever action is necessary to
prevent the suspension. If the person does not timely comply, his or her license is suspended. The
suspension remains in place until he or she is compliant with the court’s requirements for
reinstatement
20
or, in the case of criminal financial obligations, the court grants relief from the
suspension,
21
and the individual pays all administrative fees and reinstatement fees to the DHSMV.
22
The base fee
23
for driver license reinstatement after:
24
General suspension is $45;
D-6
25
suspension is $60;
Court ordered child support suspension is $60;
26
Department of Revenue (DOR) child support suspension is $45;
27
and
Revocation is $75.
Suspension for Failure to Pay Child Support
When an obligor fails to pay child support, ch. 61, F.S., outlines the procedure for suspending his or her
driver license based on a request by the obligee or DOR, including, but not limited to, notice
requirements and specific deadlines for response. A driver who receives notice of a driver license
suspension for outstanding child support may avoid the suspension by complying with the requirements
of s. 61.13016(1)(c), F.S. For example, the obligor may pay the applicable delinquency fee
28
and: pay
the delinquent amount in full,
29
enter into a written agreement for payment with the obligee or DOR,
30
demonstrate that he or she receives Social Security Disability payments,
31
or demonstrate the he or
she is making payments in accordance with a confirmed bankruptcy plan.
32, 33
17
Pursuant to ss. 318.14 or 28.246, F.S.
18
S. 318.15, F.S.
19
S. 322.245, F.S.
20
Such as completing driver improvement school or paying a traffic fine. Ss. 318.15(2) and 322.245(5), F.S.
21
S. 322.245(5)(b), F.S.
22
S. 322.245(5), F.S.
23
Some violations also require paying for and completing certain driver improvement or substance abuse courses and paying additional
fees. For example, the administrative fee for a drug or alcohol offense is $130.
24
Department of Highway Safety and Motor Vehicles, Fees, https://www.flhsmv.gov/fees/ (last visited Feb. 5, 2022).
25
A D-6 suspension is a court-ordered suspension for reasons such as failing to: pay a traffic ticket; appear for a traffic summons; or
complete traffic school after electing to do so.
26
Under s. 61.13016, F.S., the driver license and motor vehicle registration of a person owing child support (“obligor”) may be
suspended.
27
In Title IV-D cases, DOR provides child support services within the scope of Title IV-D of the Social Security Act, 42 U.S.C. 651, et
seq. There are two main categories of child support cases in Florida: “Title IV-D case” and non-IV-D cases. A Title IV-D case is a case
or proceeding dealing with only child support matters involving the Florida Department of Revenue (DOR) as the agency responsible for
collecting and enforcing child support.
28
S. 61.13016(1)(c)2., F.S.
29
S. 61.13016(1)(c)1.a., F.S.
30
S. 61.13016(1)(c)1.b., F.S.
31
S. 61.13016(1)(c)1.e., F.S.
32
S. 61.13016(1)(c)1.g., F.S.
33
An obligor may also petition the court for a hardship license, and the court may, in its discretion, direct DHSMV to issue a driver
license for driving privilege restricted to business purposes only. However, the obligor must to enter into a specified payment plan or
schedule before the court can consider granting a hardship license. S. 61.13016(2)(a), F.S. STORAGE NAME: h1461.CRM PAGE: 4
DATE: 2/5/2022
Payment Plans, Community Service Options, and Collections Process
Court costs, fees, and other fines related to a court disposition are enforced by court order and
collected by the clerks of court. A person may apply to the clerk of court to enter into a payment plan if
the person is indigent.
34
The clerk of court must establish all terms of a payment plan, and is required to
accept partial payment of court-related fees, service charges, costs, or fines in accordance with the
terms of an established payment plan. The court may review the reasonableness of the payment plan.
An individual who is released from incarceration and has outstanding court obligations is responsible
for contacting the clerk within 30 days after his or her release to pay any fees, service charges, court
costs, and fines in full, or to apply for enrollment in a payment plan.
35
A monthly payment amount, calculated based upon all fees and all anticipated fees, service charges,
court costs, and fines, must correspond to a person’s ability to pay.
36
The court may convert a statutory
financial obligation in a criminal case or a noncriminal traffic infraction into a requirement to perform
community service.
37
The clerk of court must pursue the collection of any financial obligations that remain unpaid after 90
days by referring the account to a private attorney or collection agent. The clerk must have attempted to
collect the unpaid obligation through a collection court, collections docket, or any other collections
process prior to referring the account for collection, find the referral to be cost-effective, and follow any
applicable procurement processes. A collection fee of up to 40 percent of the amount owed at the time
the account is referred may be added to the outstanding balance.
38
Hardship License
Upon the request of a person whose driver license is suspended, cancelled, or revoked under ch. 322,
F.S., DHSMV must provide a hearing within 30 days
39
wherein the person may show that such
suspension, cancellation, or revocation causes a serious hardship and precludes him or her from
carrying out his or her normal business occupation, trade, or employment, that the person's driver
license is used in the normal course of his or her business, and a driver license is necessary to provide
proper support of the person or his or her family. In addition to requesting a hearing, the driver must
also complete the applicable driver training course and evaluation or DUI program substance abuse
education course and evaluation, if applicable.
40
Following such a hearing, DHSMV must either affirm,
suspend, or modify the suspension, cancellation, or revocation and may do so by granting what is
commonly referred to as a “hardship license,” meaning the person’s driving privilege is restored on a
limited basis for business or employment
41
use only.
42
The costs associated with obtaining a hardship license include:
A $12 hardship hearing filing fee;
43
Any cost associated with the required driver improvement school (currently $63) or DUI
education course (currently $280 for a first time DUI);
34
A person is considered indigent if he or she has an income equal to or below 200 percent of the federal poverty guidelines, or is
receiving: Temporary Assistance for Needy Families-Cash Assistance; Poverty-related veterans' benefits; or Supplemental Security
Income. S. 27.52, F.S.
35
S. 28.246, F.S.
36
A monthly payment amount is presumed to correspond to the person’s ability to pay if the amount does not exceed 2 percent of the
person’s annual net income, divided by 12. S. 28.246(4), F.S.
37
Ss. 938.30(2) and 318.18(8)(b)1.a., F.S. The hourly conversion rate for community service is equal to the federal minimum wage,
unless the person has a trade or profession for which there is a community service need, in which case the rate is the prevailing wage
rate for that trade or profession. S. 318.18(8)(b), F.S.
38
S. 28.246(6), F.S.
39
Except a person whose driver license is revoked as an HTO under s. 322.27(5), F.S., or a person who is ineligible to be granted the
privilege of driving on a limited or restricted basis under s. 322.271(2), F.S., must wait 12 months from the date of the revocation.
40
S. 322.271(2), F.S.
41
“A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain
livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and
for medical purposes. “A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to
and from work and any necessary on-the-job driving required by an employer or occupation.
42
S. 322.271(3), F.S.
43
Or $25 formal/informal review hearing fee, pursuant to s. 322.2615, F.S. STORAGE NAME: h1461.CRM PAGE: 5
DATE: 2/5/2022
Any associated administrative fees (such as the $130 administrative fee for drug or alcohol
offenses); and
Any reinstatement fees associated with the person’s particular type of suspension, cancellation,
or revocation. These fees are paid prior to a person receiving his or her hardship license and
are not required to be paid again for the same sanctions when his or her revocation or
suspension period has ended and he or she is ready to apply for reinstatement of his or her
unrestricted driver license.
44
Driver License Reinstatement Clinics
A person with a suspended or revoked driver license cannot drive or obtain motor vehicle insurance,
which can inhibit his or her ability to work and further compound the problem of outstanding financial
obligations. Several counties have held events to assist individuals whose driver licenses are
suspended for financial reasons related to civil penalties or criminal financial obligations.
Operation Green Light
Clerks of Court throughout the state may participate in a short-term event known as Operation Green
Light to help residents pay outstanding court fees, tickets and other fines, and have their driver licenses
reinstated. For example, in October 2019, 64 counties throughout the state participated in Operation
Green Light events, resulting in: $2.7 million collected for the state, local governments, and clerks of
court; 22,502 cases placed on a payment plan; 10,264 cases paid in full; 9,849 driver licenses made
eligible for reinstatement; and 1,782 driver licenses reinstated.
45
Driver License Reinstatement Days
In 2019, the Legislature required the Clerk of Court in each judicial circuit to work collaboratively with
DHSMV, the state attorney’s office, the public defender’s office, the circuit and county courts, the clerk
of court, and any interested community organization, to hold a yearly event to assist drivers with the
reinstatement of suspended driver licenses.
46
The program must occur at least once a year, and clerks
are encouraged to offer the event outside of regular business hours or on a weekend. Participants must
pay the full license reinstatement fee, however, the clerk may compromise or waive other fees and
costs to facilitate reinstatement.
A person is eligible for the Driver License Reinstatement Days program if his or her driver license or
driving privilege was suspended for:
Driving without a valid license;
Driving with a suspended license;
Failing to make a payment on penalties in collection;
Failing to appear in court for a traffic violation; or
Failing to comply with directives for a traffic infraction or driver license offense.
A person is not eligible for reinstatement under the program if his or her driver license or driving
privilege is suspended or revoked:
Because the person failed to fulfill a court-ordered child support obligation;
For DUI;
Because the person has not completed a required driver training program, driver improvement
course, or alcohol or substance abuse education or evaluation program;
For a traffic-related felony; or
Because the person is a habitual traffic offender.
44
Email from Rachel Jarriel, Legislative Liaison, FLHSMV Office of Legislative Affairs, Re: SL Suspension Data Collection (Sept. 13,
2021).
45
Facts About Your Clerk of Court’s Operation Green Light,
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/2019operationgreenlight/ogl_posteventhandout-1206201.pdf (last visited
Feb. 5, 2022).
46
Ch. 2019-167, Laws of Fla.; S. 322.75, F.S. STORAGE NAME: h1461.CRM PAGE: 6
DATE: 2/5/2022
While both Operation Green Light and Driver License Reinstatement Days provide short term
opportunities for a person to have his or her driver license reinstated with lowered fees and the
opportunity to establish a payment plan, current law does not provide for any such program year-round.
Effect of Proposed Changes
HB 1461 creates the Operation Green Light Pilot Program (Pilot Program) within the DHSMV for the
purpose of assisting persons in reinstating their suspended driver licenses if such suspension is due to
unpaid traffic citations or unpaid court costs, fines, or fees. The bill requires the Pilot Program to be
administered by the clerks of court in five counties. The program essentially mirrors the requirements of
Driver License Reinstatement Days, but is not limited to a single yearly event.
Under the bill, a person is:
Eligible for driver license reinstatement through the Pilot Program if his or her driver license is
suspended due to:
o Driving without a valid driver license;
o Driving with a suspended driver license;
o Failing to make a payment on penalties in collection;
o Failing to appear in court for a traffic violation; or
o Failing to comply with directives for a traffic infraction or driver license offense.
Ineligible for driver license reinstatement through the Pilot Program if his or her driver license is
suspended due to:
o Failing to fulfill a court-ordered child support obligation;
o A DUI offense;
o Failing to complete a required driver training program, driver improvement course, or
alcohol or substance abuse education or evaluation program;
o A traffic-related felony; or
o Being designated as a habitual traffic offender.
However, a person may be eligible to participate in the Pilot Program if his or her driver license is
suspended due to failing to fulfill a court-ordered child support obligation, a DUI offense, or failing to
complete a required driver training program, driver improvement course, or alcohol or substance abuse
education or evaluation program, if:
The period of suspension or revocation related to the reason for ineligibility has elapsed;
The person has since completed any required course or program which originally resulted in the
suspension; and
The person is otherwise eligible for reinstatement.
If a person wishes to participate in the Pilot Program, the bill requires him or her to contact the clerk of
court either in person, by telephone, or other electronic means and request the clerk to either:
Accept payment in full of all outstanding fees and costs; or
Establish a payment plan for paying all outstanding fees and costs.
Under the bill, when a clerk receives such a request, the clerk must:
Determine the total amount owed by the person, and require the person to pay the full driver
license reinstatement fee; however, the clerk may reduce or waive other fees and costs, except
those imposed by the court;
Determine if the person is eligible for participation in the Pilot Program based upon the reason
for his or her driver license suspension. If the person is ineligible the clerk must notify him or her
and indicate that the person must clear any non-monetary obligations (such as completing a
required course or program) to be eligible for the Pilot Program.
Establish the amount of a down payment and monthly payments for any payment plan,
according to the person's financial ability. Any such down payment must equal at least 10
percent of the total amount of the person’s outstanding fees and costs; and
Determine whether submitting payments under a payment plan will result in the assessment of
points sufficient to suspend the person's driver license or will result in the person's being STORAGE NAME: h1461.CRM PAGE: 7
DATE: 2/5/2022
designated as a habitual traffic offender, and in such case the clerk shall create a payment
order by which the person may satisfy each outstanding fee and cost until all are paid in full.
The bill requires a person entering into a payment plan to execute a written agreement with the clerk of
court containing specified information, including payment amounts, payment due dates and
requirements of the payment plan.
Under the bill, a person’s driver license is reinstated when he or she enters a payment plan with the
clerk and submits his or her down payment or first payment. The clerk of court is required to send
specified payment reminders to participants via automated telephone message, text message, or email,
including a reminder notice four business days prior to the next payment due date, and, if the payment
is not received within 7 business days after the payment due date, a second reminder notice. If a
payment is not received within 30 days after the second reminder notice, the clerk must send a written
notice that the person has failed to comply with the payment plan and that his or her driving privilege
may be suspended.
The bill requires each clerk of court participating in the Pilot Program to document the following
information relating to each participant in the Pilot Program, and to report the data to the Governor, the
President of the Senate, and the Speaker of the House of Representatives, by September 1, 2024:
The number of cases paid in full.
The number of cases put on a payment plan or payment order.
The number of driver license reinstatements.
The number of driver licenses made eligible for reinstatement.
The amount of fees and costs collected.
The personnel, operating, security, and other expenditures incurred by the clerk of court.
The number of cases that fail to comply with a payment plan or payment order and
subsequently result in driver license suspension.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 322.755, F.S., relating to Operation Green Light Pilot Program.
Section 2: Provides an effective date of July 1, 2022.
STORAGE NAME: h1461.CRM PAGE: 8
DATE: 2/5/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an indeterminate, positive impact to state revenues. For driver license
suspensions, individuals must pay a $45 fee, of which $15 is deposited into the General Revenue
Fund and $30 into the Highway Safety Operating Trust Fund when the reinstatement is performed
by DHSMV. For driver license revocations, individuals must pay a $75 fee, of which $35 is
deposited into the General Revenue Fund and $40 into the Highway Safety Operating Trust Fund
when the reinstatement is performed by DHSMV. It is unknown how many individuals will take
advantage of the Pilot Program who would not otherwise pay to have their licenses reinstated
during the same fiscal year; therefore, the positive fiscal impact to state revenues is indeterminate.
Additionally, to the extent that additional court fees are collected for reinstatements, there may be
an indeterminate, positive fiscal impact to the State Attorney Trust Fund, Indigent Criminal Defense
Trust Fund, and the State Courts Revenue Trust Fund.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may assist the clerks in recouping outstanding court costs and fees not otherwise
recoverable. The bill also allows the clerks to reduce or waive fees and costs to facilitate
reinstatement; therefore, the total impact to local government revenues is indeterminate.
2. Expenditures:
The bill will require additional work for clerks of court in the five counties implementing the Pilot
Program, however, any additional expenditures required to complete the extra work will likely be
insignificant, particularly in light of the potential for recouping outstanding obligations from persons
with suspended driver licenses.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow individuals with financially-based driver license revocations or suspensions to
reinstate their licenses, purchase motor vehicle insurance, and travel to work, which may have an
overall positive financial impact for such individuals.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The county/municipal mandates provision of Art. VII, section 18, of the Florida
Constitution may apply because this bill requires five counties to participate in the Pilot Program.
However, an exception may apply because funding the Pilot Program will likely have an insignificant
impact, particularly in light of the potential for recouping outstanding obligations from persons with
suspended driver licenses.
2. Other: STORAGE NAME: h1461.CRM PAGE: 9
DATE: 2/5/2022
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES