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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 the Department of Highway Safety 2
and Motor Vehicles; amending s. 316.302, F.S.; 3
requiring certain drivers found to be operating 4
commercial motor vehicles in a certain condition to 5
complete a specified examination, test, and vehicle 6
inspection; amending s. 319.24, F.S.; authorizing tax 7
collectors to deliver by mail or make available at the 8
tax collector's office certificates of title; amending 9
s. 319.29, F.S.; providing that certain applications 10
may be fulfilled by the tax collector acting as an 11
authorized agent of the department; providing 12
requirements for the issuance of certain certificates 13
of title; amending s. 320.031, F.S.; authorizing the 14
department and tax collectors to deliver certain 15
documents, including duplicate registration 16
certificates, in person or by mail; amending s. 17
320.0848, F.S.; revising the time period for which a 18
disabled parking permit is valid; amending s. 322.02, 19
F.S.; revising the year by which the Legislature 20
intends that the transition of certain services to 21
certain tax collectors be complete; deleting a 22
provision authorizing such transition of services to 23
appointed charter county tax collectors on a limited 24
basis; providing that the tax collector is, rather 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
than may be, designated the exclusive agent of the 26
department for a specified purpose; amending s. 27
322.12, F.S.; requiring certain driver license 28
applicants to retake certain examinations; prohibiting 29
such applicants from retaking the examination for a 30
specified period; requiring that certain driver 31
license applicants pay a specified fine; providing 32
requirements for funds collected through such fines; 33
amending s. 322.135, F.S.; authorizing a tax collector 34
to process certain transactions using the department's 35
online license and registration portal; authorizing a 36
tax collector to offer to a licensee or prospective 37
licensee a certain donation option; amending s. 38
322.251, F.S.; making technical edits; amending s. 39
322.271, F.S.; authorizing certain persons whose 40
driving privileges have been revoked based solely on 41
certain convictions to petition the department for 42
reinstatement of driving privileges; requiring the 43
revocation of a restricted driving privilege for a 44
specified period in certain circumstances; amending s. 45
322.29, F.S.; deleting a provision providing that a 46
certain service fee is not required under certain 47
circumstances; amending s. 322.66, F.S.; conforming a 48
cross-reference; providing an effective date. 49
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
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Paragraph (c) is added to subsection (9) of 53
section 316.302, Florida Statutes, to read: 54
316.302 Commercial motor vehicles; safety regulations; 55
transporters and shippers of hazardous materials; enforcement. — 56
(9) For the purpose of enforcing this section, any law 57
enforcement officer of the Department of Highway Safety and 58
Motor Vehicles or duly appointed agent who holds a current 59
safety inspector certification from the Commercial Vehicle 60
Safety Alliance may require the driver of any commercial vehicle 61
operated on the highways of this state to stop and submit to an 62
inspection of the vehicle or the driver's records. If the 63
vehicle or driver is found to be operating in an unsafe 64
condition, or if any required part or equipment is not present 65
or is not in proper repair or adjustment, a nd the continued 66
operation would present an unduly hazardous operating condition, 67
the officer or agent may require the vehicle or the driver to be 68
removed from service pursuant to the North American Standard 69
Out-of-Service Criteria, until corrected. Howeve r, if continuous 70
operation would not present an unduly hazardous operating 71
condition, the officer or agent may give written notice 72
requiring correction of the condition within 15 days. 73
(c) A driver who holds a commercial driver license or 74
temporary commercial instruction permit issued in this state and 75
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is found upon inspection to be operating a commercial motor 76
vehicle in an unduly hazardous operating condition is required 77
to complete the examination required of all driver license 78
applicants under s. 322. 12(2), the test required under s. 79
322.12(4)(a)3., and a vehicle inspection conducted by a licensed 80
third-party provider. 81
Section 2. Subsection (2) of section 319.24, Florida 82
Statutes, is amended to read: 83
319.24 Issuance in duplicate; delivery; liens and 84
encumbrances.— 85
(2) A duly authorized person shall sign the original 86
certificate of title and each corrected certificate and, if 87
there are no liens or encumbrances on the motor vehicle or 88
mobile home, as shown in the records of the department or as 89
shown in the application, must shall deliver the certificate to 90
the applicant or to another person as directed by the applicant 91
or person, agent, or attorney submitting such application. Tax 92
collectors, as authorized agents of the department, may deliver 93
original certificates of title and corrected certificates by 94
mail or make such certificates available to applicants at tax 95
collectors' offices. The motor vehicle dealer license number 96
must be submitted to the department when a dealer applies for or 97
receives a duplicate title. The current odometer reading must be 98
submitted on an application for a duplicate title. If there are 99
one or more liens or encumbrances on the motor vehicle or mobile 100
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home, the certificate must shall be delivered by the department 101
to the first lienholder as shown by department records or to the 102
owner as indicated in the notice of lien filed by the first 103
lienholder pursuant to s. 319.27. If the notice of lien filed by 104
the first lienholder indicates that the certificate should be 105
delivered to the first lienholder, the department must shall 106
deliver to the first lienholder, along with the certificate, a 107
form to be subsequently used by the lienholder as a 108
satisfaction. If the notice of lien filed by the first 109
lienholder directs the certificate of title to be delivered to 110
the owner, then, upon delivery of the certificate of title by 111
the department to the owner, the department must shall deliver 112
to the first lienholder confirmation of the receipt of the 113
notice of lien and the date the certificate of title was issued 114
to the owner at the owner's address shown on the notice of lien 115
and a form to be subsequently used by the lienholder as a 116
satisfaction. If the application for certificate shows the name 117
of a first lienholder different from the name of the first 118
lienholder as shown by the records of the department or if the 119
application does not show the name of a judgment lienholder as 120
shown by the records of the department, the certificate may 121
shall not be issued to any person until after all parties who 122
appear to hold a lien and the applicant for the certificate have 123
been notified of the conflict in writing by the department by 124
certified mail. If the parties do not amicably resolve the 125
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conflict within 10 days from the date such notice was mailed, 126
then the department must shall serve notice in writing by 127
certified mail on all persons appearing to hold liens on that 128
particular vehicle, including the applicant for the certificate, 129
to show cause within 15 days from the date the notice is mailed 130
why it should not issue and deliver the certificate to the 131
person indicated in the notice of lien filed by the lienholder 132
whose name appears in the application as the first lienholder 133
without showing any lien or liens as outstanding other than 134
those appearing in the appli cation or those which may have been 135
filed subsequent to the filing of the application for the 136
certificate. If, within the 15 -day period, any person other than 137
the lienholder shown in the application or a party filing a 138
subsequent lien, in answer to such no tice to show cause, appears 139
in person or by a representative, or responds in writing, and 140
files a written statement under oath that his or her lien on 141
that particular vehicle is still outstanding, the department may 142
shall not issue the certificate to anyon e until after such 143
conflict has been settled by the lien claimants involved or by a 144
court of competent jurisdiction. If the conflict is not settled 145
amicably within 10 days of the final date for filing an answer 146
to the notice to show cause, the complaining party must shall 147
have 10 days to obtain a ruling, or a stay order, from a court 148
of competent jurisdiction; if no ruling or stay order is issued 149
and served on the department within the 10 -day period, it must 150
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shall issue the certificate showing no liens exce pt those shown 151
in the application or thereafter filed to the original applicant 152
if there are no liens shown in the application and none are 153
thereafter filed, or to the person indicated in the notice of 154
lien filed by the lienholder whose name appears in the 155
application as the first lienholder if there are liens shown in 156
the application or thereafter filed. A duplicate certificate or 157
corrected certificate may shall only show such lien or liens as 158
were shown in the application and subsequently filed liens that 159
may be outstanding. 160
Section 3. Present subsection (4) of section 319.29, 161
Florida Statutes, is redesignated as subsection (5), and a new 162
subsection (4) is added to that section, to read: 163
319.29 Lost or destroyed certificates. — 164
(4) An application fo r a duplicate copy of a certificate 165
of title may be fulfilled by the tax collector acting as an 166
authorized agent of the department. Upon the applicant's 167
request, the duplicate copy may be issued by the tax collector 168
and provided to the applicant at the tax collector's office or 169
mailed by the tax collector to the applicant's address. 170
Section 4. Subsection (1) of section 320.031, Florida 171
Statutes, is amended to read: 172
320.031 Mailing or delivery of registration certificates, 173
duplicate registration certif icates, license plates, and 174
validation stickers. — 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
(1) The department and the tax collectors of the several 176
counties of the state , as agents of the department, may at the 177
request of the applicant deliver in person or use United States 178
mail service to deliver registration certificates and renewals 179
thereof, duplicate registration certificates, license plates, 180
mobile home stickers, and validation stickers to applicants. 181
Section 5. Paragraph (a) of subsection (1) of s ection 182
320.0848, Florida Statutes, is amended to read: 183
320.0848 Persons who have disabilities; issuance of 184
disabled parking permits; temporary permits; permits for certain 185
providers of transportation services to persons who have 186
disabilities.— 187
(1)(a) The Department of Highway Safety and Motor Vehicles 188
or its authorized agents shall, upon application and receipt of 189
the fee, issue a disabled parking permit for a period of up to 8 190
4 years, which period ends on the applicant's birthday, to any 191
person who has long-term mobility impairment, or a temporary 192
disabled parking permit not to exceed 6 months to any person who 193
has a temporary mobility impairment. A No person may not will be 194
required to pay a fee for a parking permit for disabled persons 195
more than once in a 12 -month period from the date of the prior 196
fee payment. 197
Section 6. Subsections (1) and (5) of section 322.02, 198
Florida Statutes, are amended to read: 199
322.02 Legislative i ntent; administration. — 200
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(1) The Legislature finds that over the past several years 201
the department and individual county tax collectors have entered 202
into contracts for the delivery of full and limited driver 203
license services where such contractual relatio nships best 204
served the public interest through state administration and 205
enforcement and local government implementation. It is the 206
intent of the Legislature that the complete transition of all 207
driver license issuance services to tax collectors who are 208
constitutional officers under s. 1(d), Art. VIII of the State 209
Constitution be completed no later than June 30, 2030 2015. The 210
transition of services to appointed charter county tax 211
collectors may occur on a limited basis as directed by the 212
department. 213
(5) The tax collector in and for his or her county is may 214
be designated the exclusive agent of the department to implement 215
and administer the provisions of this chapter as provided by s. 216
322.135. 217
Section 7. Subsections (3) and (4) of section 322.12, 218
Florida Statutes, are amended to read: 219
322.12 Examination of applicants. — 220
(3)(a) For an applicant for a Class E driver license, such 221
examination must shall include all of the following: 222
1.(a) A test of the applicant's eyesight given by the 223
driver license examiner designated by the department or by a 224
licensed ophthalmologist, optometrist, or physician. 225
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2.(b) A test of the applicant's hearing given by a driver 226
license examiner or a licensed physician. 227
3.(c) A test of the applicant's ability to read and 228
understand highway signs regulating, warning, and directing 229
traffic; his or her knowledge of the traffic laws of this state, 230
including laws regulating driving under the influence of alcohol 231
or controlled substances, driving with an unlawful blood -alcohol 232
level, and driving while intoxicated; and his or her knowledge 233
of the effects of alcohol and controlled substances upon persons 234
and the dangers of driving a motor vehicle while under the 235
influence of alcohol or controlled substances. At least 25 236
questions within the bank of test questions must address bicycle 237
and pedestrian safety. 238
4.(d) An actual demonstration of ability to exercise 239
ordinary and reasonable control in the operation of a motor 240
vehicle. 241
(b) An applicant who is found to have cheated during or 242
otherwise circumvented any portion of the examination must 243
retake the examination, but may not retake the examination for 244
30 days. A person who cheats during or otherwise circumvents the 245
test required under subparagraph (a)3. must pay a $25 fine, to 246
be deposited into the Highway Safety Operating Trust Fund, 247
before he or she may retake the test. If the test is 248
administered by the tax collector, the tax collector must retain 249
$15 less the general revenue service charge set forth in s. 250
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215.20(1), and the remaind er must be deposited into the General 251
Revenue Fund. 252
(4)(a) The examination for an applicant for a commercial 253
driver license must shall include all of the following: 254
1. A test of the applicant's eyesight given by a driver 255
license examiner designated by the department or by a licensed 256
ophthalmologist, optometrist, or physician . and 257
2. A test of the applicant's hearing given by a driver 258
license examiner or a licensed physician. 259
3. The examination shall also include A test of the 260
applicant's ability to read and understand highway signs 261
regulating, warning, and directing traffic; his or her knowledge 262
of the traffic laws of this state pertaining to the class of 263
motor vehicle which he or she is applying to be licensed to 264
operate, including laws regulating d riving under the influence 265
of alcohol or controlled substances, driving with an unlawful 266
blood-alcohol level, and driving while intoxicated; his or her 267
knowledge of the effects of alcohol and controlled substances 268
and the dangers of driving a motor vehicle after having consumed 269
alcohol or controlled substances; and his or her knowledge of 270
any special skills, requirements, or precautions necessary for 271
the safe operation of the class of vehicle which he or she is 272
applying to be licensed to operate. 273
4. In addition, the examination shall include An actual 274
demonstration of the applicant's ability to exercise ordinary 275
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and reasonable control in the safe operation of a motor vehicle 276
or combination of vehicles of the type covered by the license 277
classification which the applicant is seeking, including an 278
examination of the applicant's ability to perform an inspection 279
of his or her vehicle. 280
(b)(a) The portion of the examination required under 281
subparagraph (a)4. which tests an applicant's safe driving 282
ability shall be administered by the department or by an entity 283
authorized by the department to administer such examination, 284
pursuant to s. 322.56. Such examination shall be administered at 285
a location approved by the department. 286
(c)(b) A person who seeks to retain a ha zardous-materials 287
endorsement must, upon renewal, pass the test for such 288
endorsement as specified in s. 322.57(1)(e), if the person has 289
not taken and passed the hazardous -materials test within 2 years 290
preceding his or her application for a commercial drive r license 291
in this state. 292
(d) An applicant who is found to have cheated during or 293
otherwise circumvented any portion of the examination must 294
retake the examination, but may not retake the examination for 295
90 days. A person who cheats during or otherwise ci rcumvents the 296
test required under subparagraph (a)3. must pay a $100 fine, to 297
be deposited into the Highway Safety Operating Trust Fund, 298
before he or she may retake the test. If the test is 299
administered by the tax collector, the tax collector must retain 300
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$28 less the general revenue service charge set forth in s. 301
215.20(1), and the remainder must be deposited into the General 302
Revenue Fund. 303
Section 8. Paragraph (a) of subsection (1) of section 304
322.135, Florida Statutes, is amended, and paragraph (d) is 305
added to that subsection, to read: 306
322.135 Driver license agents. — 307
(1) The department shall, upon application, authorize by 308
interagency agreement any or all of the tax collectors who are 309
constitutional officers under s. 1(d), Art. VIII of the State 310
Constitution in the several counties of the state, subject to 311
the requirements of law, in accordance with rules of the 312
department, to serve as its agent for the provision of specified 313
driver license services. 314
(a) These services shall be limited to the issua nce of 315
driver licenses and identification cards as authorized by this 316
chapter, transactions for which may be processed by the tax 317
collector using the department's online license and registration 318
portal. 319
(d) A tax collector may offer a licensee or prospec tive 320
licensee the option to increase the amount of his or her 321
transaction to the next whole dollar amount in order to donate 322
the amount of the increase to a charity registered with the 323
Department of Agriculture and Consumer Services. 324
Section 9. Subsection (4) of section 322.251, Florida 325
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Statutes, is amended to read: 326
322.251 Notice of cancellation, suspension, revocation, or 327
disqualification of license. — 328
(4) A person whose privilege to operate a commercial motor 329
vehicle is temporarily disqualified may, upon surrendering his 330
or her commercial driver license, be issued a Class E driver 331
license, if eligible, valid for the length of his or her 332
unexpired commercial driver license, at no cost. Such person 333
may, upon the completion of his o r her disqualification, be 334
issued a commercial driver license, of the type disqualified, 335
for the remainder of his or her unexpired license period. Any 336
such person must shall pay the reinstatement fee provided in s. 337
322.21 before being issued a commercial d river license. 338
Section 10. Paragraph (b) of subsection (1) of section 339
322.271, Florida Statutes, is amended to read: 340
322.271 Authority to modify revocation, cancellation, or 341
suspension order.— 342
(1) 343
(b) A person whose driving privilege has been revo ked 344
under s. 322.27(5) based solely on convictions for nonmoving 345
violations may, upon expiration of 12 months from the date of 346
such revocation, petition the department for reinstatement of 347
his or her driving privilege. Upon such petition and after 348
investigation of the person's qualification, fitness, and need 349
to drive, the department shall hold a hearing pursuant to 350
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chapter 120 to determine whether the driving privilege shall be 351
reinstated on a restricted basis solely for business or 352
employment purposes. If such person is granted a limited driving 353
privilege and subsequently violates the conditions of the 354
restricted driving privilege, the restricted driving privilege 355
must be revoked and the person is not eligible for any driving 356
privilege for the remaining du ration of the 5-year period after 357
his or her initial license revocation. 358
Section 11. Subsection (2) of section 322.29, Florida 359
Statutes, is amended to read: 360
322.29 Surrender and return of license. — 361
(2) Notwithstanding subsection (1), an examination is not 362
required for the return of a license suspended under s. 318.15 363
or s. 322.245 unless an examination is otherwise required by 364
this chapter. A person applying for the return of a license 365
suspended under s. 318.15 or s. 322.245 must present to the 366
department certification from the court that he or she has 367
complied with all obligations and penalties imposed pursuant to 368
s. 318.15 or, in the case of a suspension pursuant to s. 369
322.245, that he or she has complied with all directives of the 370
court and the requirements of s. 322.245 and shall pay to the 371
department a nonrefundable service fee of $60, of which $37.50 372
shall be deposited into the General Revenue Fund and $22.50 373
shall be deposited into the Highway Safety Operating Trust Fund. 374
If reinstated by the c lerk of the court or tax collector, $37.50 375
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shall be retained and $22.50 shall be remitted to the Department 376
of Revenue for deposit into the Highway Safety Operating Trust 377
Fund. However, the service fee is not required if the person is 378
required to pay a $45 fee or $75 fee under s. 322.21(8). 379
Section 12. Section 322.66, Florida Statutes, is amended 380
to read: 381
322.66 Vehicles permitted to be driven during driving 382
skills tests.—A person who does not possess a valid driver 383
license may drive a noncommercial o r commercial motor vehicle 384
during a driving skills test conducted in accordance with s. 385
322.12(3) and (4)(b) s. 322.12(3) and (4)(a) , if the person has 386
passed the vision, hearing, road rules, and road signs tests 387
ordinarily administered to applicants for a Class E license, 388
and, if required, has passed the commercial driver license 389
knowledge and appropriate endorsement tests. 390
Section 13. This act shall take effect July 1, 2025. 391