FL
Florida House Bill H1461

Florida 2022 Regular Session

Florida House Bill H1461 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to reinstatement of suspended driver 2
1616 licenses; creating s. 322.755, F.S.; creating the 3
17-Drive for Success Pilot Program within the Florida 4
18-Clerks of Court Operations Corporation to assist 5
19-certain persons in reinstating suspended driver 6
17+Operation Green Light Pilot Program within the 4
18+Department of Highway Safety and Motor Vehicles to 5
19+assist certain persons in reinstating suspended driver 6
2020 licenses; requiring administration of the program by 7
2121 clerks of court in certain counties; authorizing 8
2222 collaboration with the Florida Association of Co urt 9
2323 Clerks and Comptrollers for certain purposes; 10
24-providing duties of the clerks of court; prohibiting 11
25-eligibility under certain circumstances; requiring 12
26-reinstatement of a participant's driving privilege 13
27-under certain circumstances; requiring the clerks of 14
28-court to submit reports to the Florida Clerks of Court 15
29-Operations Corporation; requiring the Florida Clerks 16
30-of Court Operations Corporation to submit a report to 17
31-the Governor and Legislature; providing for expiration 18
32-of the pilot program on a certain date; provid ing an 19
33-effective date. 20
34- 21
35-Be It Enacted by the Legislature of the State of Florida: 22
36- 23
37- Section 1. Section 322.755, Florida Statutes, is created 24
38-to read: 25
24+providing eligibility requirements; prohibiting 11
25+eligibility under certain circumstances; providing 12
26+requirements for participation in the program; 13
27+providing duties of the clerk of court and the 14
28+department; requiring execution of a written agreement 15
29+between the clerk of court and a participant; 16
30+providing agreement requirements; requiring 17
31+reinstatement of a participant's driving privilege 18
32+under certain circumstances; requiring the clerk of 19
33+court to provide cert ain documentation to a 20
34+participant; requiring maintenance of certain records; 21
35+requiring the clerks of court to submit reports to the 22
36+department; requiring the department to submit a 23
37+report to the Governor and Legislature; providing an 24
38+effective date. 25
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4747 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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51- 322.755 Drive for Success Pilot Program. — 26
52- (1) There is created within the Florida Clerks of Cou rt 27
53-Operations Corporation the Drive for Success Pilot Program. The 28
54-purpose of the pilot program is to assist persons whose driver 29
55-licenses have been suspended, and who have unpaid traffic 30
56-citations or unpaid court costs, fines, or fees, in reinstating 31
57-their driver licenses. 32
58- (2) The Drive for Success Pilot Program shall be 33
59-administered by the clerks of court in at least six counties 34
60-selected by the Florida Clerks of Court Operations Corporation. 35
61-Each clerk of court may collaborate with the Florida Associat ion 36
62-of Court Clerks and Comptrollers to promote and develop 37
63-communications regarding the pilot program. 38
64- (3) Each clerk of court participating in the pilot program 39
65-must make an effort to contact persons whose driver licenses are 40
66-suspended for failure to p ay court-ordered financial 41
67-obligations, including unpaid traffic citations or unpaid court 42
68-costs, fines, or fees, and encourage such persons to establish a 43
69-partial payment agreement for the fulfillment of such 44
70-obligations under the pilot program. 45
71- (4) A person is not eligible for driver license 46
72-reinstatement under the pilot program if his or her driver 47
73-license is suspended or revoked due to: 48
74- (a) Failure to fulfill a court -ordered child support 49
75-obligation; 50
51+ 26
52+Be It Enacted by the Legislature of the State of Florida: 27
53+ 28
54+ Section 1. Section 322.755, Florida Statutes, is created 29
55+to read: 30
56+ 322.755 Operation Green Light Pilot Program. — 31
57+ (1) There is created within the Department of Highway 32
58+Safety and Motor Vehicl es the Operation Green Light Pilot 33
59+Program. The purpose of the pilot program is to assist persons 34
60+whose driver licenses have been suspended and who have unpaid 35
61+traffic citations or unpaid court costs, fines, or fees in 36
62+reinstating their suspended driver li censes. 37
63+ (2) The Operation Green Light Pilot Program shall be 38
64+administered by the clerks of court in five counties. Each clerk 39
65+of court may collaborate with the Florida Association of Court 40
66+Clerks and Comptrollers to promote and develop communications 41
67+regarding the pilot program. 42
68+ (3)(a) A person is eligible for driver license 43
69+reinstatement under the pilot program if his or her license was 44
70+suspended due to: 45
71+ 1. Driving without a valid driver license; 46
72+ 2. Driving with a suspended driver license; 47
73+ 3. Failing to make a payment on penalties in collection; 48
74+ 4. Failing to appear in court for a traffic violation; or 49
75+ 5. Failing to comply with any provision of chapter 318 or 50
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8484 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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88- (b) A violation of s. 316.193; 51
89- (c) Failure to complete a driver training program, driver 52
90-improvement course, or alcohol or substance abuse education or 53
91-evaluation program required under s. 316.192, s. 316.193, s. 54
92-322.2616, or s. 322.271; 55
93- (d) A traffic-related felony; or 56
94- (e) Designation as a habit ual traffic offender under s. 57
95-322.264. 58
96- (5) For each person who consents to participate in the 59
97-pilot program and establishes a partial payment agreement, the 60
98-clerk of court must: 61
99- (a) Test, at a minimum, the efficacy of communicating with 62
100-the person via telephone, text message, e -mail, or other 63
101-electronic means to notify the person of a payment's due date in 64
102-advance and, if necessary thereafter, to notify the person of a 65
103-missed payment; and 66
104- (b) Establish consequences for failing to make t imely 67
105-payments under the partial payment agreement, including, but not 68
106-limited to, specifying the period of time after which his or her 69
107-license may be suspended for failing to make a payment. 70
108- (6) Upon submission of the first payment in a partial 71
109-payment agreement to the clerk of court, the clerk shall release 72
110-the suspension of the person's driver license in the department 73
111-database, or shall issue a written release for the person to 74
112-present to the department or an authorized agent of the 75
88+this chapter. 51
89+ (b) Notwithstanding paragraphs (4)(a) -(c), a person is 52
90+eligible for driver license reinstatement under the pilot 53
91+program if the period of suspension or revocation has elapsed, 54
92+the person has completed any required course or program as 55
93+described in paragraph (4)(c), and the person is otherwise 56
94+eligible for reinstatement. 57
95+ (4) A person is not eligible for driver license 58
96+reinstatement under the pilot program if his or her driver 59
97+license is suspended or revoked due to: 60
98+ (a) Failure to fulfill a court -ordered child support 61
99+obligation; 62
100+ (b) A violation of s. 316.193; 63
101+ (c) Failure to complete a driver training program, driver 64
102+improvement course, or alcohol or substance abuse education or 65
103+evaluation program required under s. 316.192, s. 316.193, s. 66
104+322.2616, or s. 322.271; 67
105+ (d) A traffic-related felony; or 68
106+ (e) Designation as a habitual traffic offender under s. 69
107+322.264. 70
108+ (5) The clerk of court and the Department of Highway 71
109+Safety and Motor Vehicles shall verify any information necessary 72
110+for driver license reinstatement under the pilot program. 73
111+ (6)(a) In order to par ticipate in the pilot program, a 74
112+person must contact the clerk of court, in person or by 75
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121121 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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125-department, after which the person's driving privilege shall be 76
126-reinstated. 77
127- (7)(a) By December 31, 2024, each clerk of court 78
128-participating in the pilot program shall submit a report to the 79
129-Florida Clerks of Court Operations Corporation that includes: 80
130- 1. The number of ca ses paid in full. 81
131- 2. The number of cases for which a partial payment 82
132-agreement is established. 83
133- 3. The number of driver license reinstatements. 84
134- 4. The number of driver licenses made eligible for 85
135-reinstatement. 86
136- 5. The amount of fees and costs collect ed during the 3 87
137-years preceding administration of the pilot program and 88
138-throughout the duration of the pilot program. 89
139- 6. The personnel, operating, security, and other 90
140-expenditures incurred by the clerk of court. 91
141- 7. The number of cases that fail to comp ly with a partial 92
142-payment agreement and subsequently result in driver license 93
143-suspension. 94
144- (b) By February 28, 2025, the Florida Clerks of Court 95
145-Operations Corporation shall compile the reports received under 96
146-paragraph (a) and submit such reports, along w ith a list of its 97
147-findings and recommendations regarding the pilot program, to the 98
148-Governor, the President of the Senate, the Speaker of the House 99
149-of Representatives, and the minority leaders of the Senate and 100
125+telephonic or electronic means, and request that the clerk of 76
126+court, for purposes of reinstating the person's driver license: 77
127+ 1. Accept payment in full of all outsta nding fees and 78
128+costs; or 79
129+ 2. Establish a payment plan by which the person may submit 80
130+periodic payments to the clerk of all outstanding fees and costs 81
131+until such fees and costs are paid in full. 82
132+ (b) Upon receipt of a request under paragraph (a), the 83
133+clerk of court shall: 84
134+ 1. Determine the total amount of fees and costs owed by 85
135+the person. The person must pay the full license reinstatement 86
136+fee; however, the clerk may reduce or waive other fees and 87
137+costs, except those imposed by the court, to facilitate 88
138+reinstatement. 89
139+ 2. Determine whether the department has suspended the 90
140+person's license for a reason other than nonpayment of such fees 91
141+or costs, including, but not limited to, those enumerated in 92
142+paragraphs (4)(b)-(e). If so, the clerk shall inform the pers on 93
143+of his or her responsibility to clear all nonmonetary 94
144+obligations before becoming eligible for driver license 95
145+reinstatement under the pilot program. 96
146+ 3. Except as provided in subparagraph 4., if the person 97
147+has requested the establishment of a payment p lan, establish the 98
148+amount of a down payment and monthly payments, according to the 99
149+person's financial ability, to be submitted to the clerk until 100
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158158 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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162-the House of Representatives. 101
163- (8) The Drive for Success Pilot Program shall expire on 102
164-June 30, 2026, unless otherwise provided by law. The expiration 103
165-of the pilot program shall not affect the validity of a partial 104
166-payment agreement established before June 30, 2026. 105
167- Section 2. This act shall take effect July 1, 2022. 106
162+all outstanding fees and costs are paid in full. A down payment 101
163+must equal at least 10 percent of the total am ount of 102
164+outstanding fees and costs. 103
165+ 4. Determine whether submitting payments under a payment 104
166+plan will result in the assessment of points sufficient to 105
167+suspend the person's driver license or will result in the 106
168+person's being designated as a habitual traf fic offender under 107
169+s. 322.264. If so, the clerk, as an alternative to establishing 108
170+a payment plan, shall specify a payment order by which the 109
171+person may satisfy each outstanding fee and cost until all are 110
172+paid in full. 111
173+ (7)(a) A person who enters into a p ayment plan or payment 112
174+order under subsection (6) must execute a written payment 113
175+agreement with the clerk of court which must provide: 114
176+ 1. The total amount of fees and costs owed by the person. 115
177+ 2. If the person has entered into a payment plan: 116
178+ a. The down payment amount and monthly payment amount 117
179+established under subparagraph (6)(b)3. 118
180+ b. The date on which each monthly payment is due. 119
181+ 3. If the person has entered into a payment order, an 120
182+enumerated list of each payment and the date on which each 121
183+payment is due. 122
184+ 4. Notice that payments may be made in person or by 123
185+telephonic or electronic means or that the person may elect to 124
186+have monthly payments automatically withdrawn from a credit 125
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195+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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199+account or debit account. 126
200+ 5. A statement that noncompliance wit h the payment plan or 127
201+payment order may result in suspension of the person's driving 128
202+privilege. 129
203+ (b) Upon submission of a down payment, or the first 130
204+payment in a payment order, to the clerk of court, the clerk 131
205+shall release the suspension of the person's driver license in 132
206+the department database, or shall issue a written release for 133
207+the person to present to the department or an authorized agent 134
208+of the department, after which the person's driving privilege 135
209+shall be reinstated. 136
210+ (c) The clerk of court must provide the person with a copy 137
211+of the written payment agreement entered into under paragraph 138
212+(a) and a monthly statement of the balance owed by the person. 139
213+The clerk is responsible for maintaining records relating to 140
214+each person participating in the pilot program, which shall 141
215+include, but not be limited to: 142
216+ 1. The person's first and last name, date of birth, 143
217+mailing address, e-mail address, telephone number, and case 144
218+number. 145
219+ 2. The total amount of fees and costs owed by the person 146
220+before participation i n the pilot program. 147
221+ 3. If the person has entered into a payment plan or 148
222+payment order, the date on which each payment is due, the date 149
223+on which each payment is made, and the amount paid. 150
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232+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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236+ 4. The current balance owed by the person. 151
237+ (d) The clerk of court must send to a person who has 152
238+entered into a payment plan or payment order, via an automated 153
239+telephone message, text message, or e -mail, a reminder notice 4 154
240+business days before the next payment is due. If the payment is 155
241+not received within 7 business days after the date due, the 156
242+clerk must send a second reminder notice. If the payment is not 157
243+received within 30 days after the second reminder notice is 158
244+sent, the clerk must send to the person, by first -class mail, a 159
245+written notice that the person has failed to comply with the 160
246+payment plan or payment order and that his or her driving 161
247+privilege may be suspended. 162
248+ (7)(a) By July 1, 2024, each clerk of court participating 163
249+in the pilot program shall submit a report to the department 164
250+that includes: 165
251+ 1. The number of cases paid in full. 166
252+ 2. The number of cases put on a payment plan or payment 167
253+order. 168
254+ 3. The number of driver license reinstatements. 169
255+ 4. The number of driver licenses made eligible for 170
256+reinstatement. 171
257+ 5. The amount of fees and costs collected. 172
258+ 6. The personnel, operating, security, and other 173
259+expenditures incurred by the clerk of court. 174
260+ 7. The number of cases that fail to comply with a payment 175
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269+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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273+plan or payment order and subsequently result in driver license 176
274+suspension. 177
275+ (b) By September 1, 2024, the department shall compile the 178
276+reports received under paragraph (a) and submit such reports, 179
277+along with a list of its findings and recommendations regarding 180
278+the pilot program, to the Governor, the President of the Senate, 181
279+and the Speaker of the House of Representatives. 182
280+ Section 2. This act shall take effect July 1, 2022. 183