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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; creating s. 316.88, F.S.; 3
prohibiting the sale of certain service appointments 4
unless authorized in writing by specified entities; 5
amending s. 319.24, F.S.; authorizing tax collectors 6
to deliver by mail or make available at the tax 7
collector's office certificates of title; amending s. 8
319.29, F.S.; providing that certain applications may 9
be fulfilled by the tax collector acting as an 10
authorized agent of the department; amending s. 11
320.031, F.S.; authorizi ng the department and tax 12
collectors, as agents of the department, to deliver 13
certain documents, including duplicate registration 14
certificates, in person or by mail; amending s. 15
320.0848, F.S.; requiring the department to renew 16
certain disabled parking per mits for a specified 17
period without requiring certain documentation; 18
amending s. 322.02, F.S.; revising the year by which 19
the Legislature intends that the transition of certain 20
services to certain tax collectors be completed; 21
removing a provision authorizi ng such transition of 22
services to appointed charter county tax collectors on 23
a limited basis; providing that the tax collector is, 24
rather than may be, designated the exclusive agent of 25
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the department for a specified purpose; amending s. 26
322.12, F.S.; requiring certain driver license 27
applicants to retake certain examinations; amending s. 28
322.135, F.S.; authorizing a tax collector to process 29
certain transactions using the department's online 30
license and registration portal; authorizing a tax 31
collector to offer to a licensee or prospective 32
licensee a certain donation option; removing a 33
provision concerning driver license issuance being 34
assumed by tax collectors by a certain date; amending 35
s. 322.251, F.S.; authorizing the issuance of a Class 36
E driver license to certain persons, if eligible; 37
amending s. 322.271, F.S.; requiring the revocation of 38
a restricted driving privilege for a specified period 39
in certain circumstances; amending s. 322.66, F.S.; 40
conforming a cross-reference; providing an effective 41
date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Section 316.88, Florida Statutes, is created to 46
read: 47
316.88 Sale of appointments prohibited. —Unless authorized 48
in writing by the department or a tax collector acting as an 49
authorized agent of the department, a person may not sell, 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
offer to sell, a service appointment with a department office, 51
or the office of a tax collector acting as an authorized agent 52
of the department, for any service authorized by chapter 319, 53
chapter 320, chapter 322, or chapter 328. A person who violates 54
this section commits a misdemeanor of the first degree, 55
punishable as provided in s. 775.082 or s. 775.083. 56
Section 2. Subsection (2) of section 319.24, Florida 57
Statutes, is amended to read: 58
319.24 Issuance in duplicate; delivery; liens and 59
encumbrances.— 60
(2) A duly authorized person shall sign the original 61
certificate of title and each corrected certificate and, if 62
there are no liens or encumbrances on the motor vehicle or 63
mobile home, as shown in the records of the department or as 64
shown in the application, must shall deliver the certificate to 65
the applicant or to another person as directed by the applicant 66
or person, agent, or attorney submitting such application. Tax 67
collectors, as authorized age nts of the department, may deliver 68
original certificates of title and corrected certificates by 69
mail or make such certificates available to applicants at tax 70
collectors' offices. The motor vehicle dealer license number 71
must be submitted to the department w hen a dealer applies for or 72
receives a duplicate title. The current odometer reading must be 73
submitted on an application for a duplicate title. If there are 74
one or more liens or encumbrances on the motor vehicle or mobile 75
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home, the certificate must shall be delivered by the department 76
to the first lienholder as shown by department records or to the 77
owner as indicated in the notice of lien filed by the first 78
lienholder pursuant to s. 319.27. If the notice of lien filed by 79
the first lienholder indicates that the certificate should be 80
delivered to the first lienholder, the department must shall 81
deliver to the first lienholder, along with the certificate, a 82
form to be subsequently used by the lienholder as a 83
satisfaction. If the notice of lien filed by the first 84
lienholder directs the certificate of title to be delivered to 85
the owner, then, upon delivery of the certificate of title by 86
the department to the owner, the department must shall deliver 87
to the first lienholder confirmation of the receipt of the 88
notice of lien and the date the certificate of title was issued 89
to the owner at the owner's address shown on the notice of lien 90
and a form to be subsequently used by the lienholder as a 91
satisfaction. If the application for certificate shows the name 92
of a first lienholder different from the name of the first 93
lienholder as shown by the records of the department or if the 94
application does not show the name of a judgment lienholder as 95
shown by the records of the department, the certificate may 96
shall not be issued to any person until after all parties who 97
appear to hold a lien and the applicant for the certificate have 98
been notified of the conflict in writing by the department by 99
certified mail. If the parties do not amicably resolve the 100
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conflict within 10 days from the date such notice was mailed, 101
then the department must shall serve notice in writing by 102
certified mail on all persons appearing to hold liens on that 103
particular vehicle, including the applicant for the certificate, 104
to show cause within 15 days from the date the notice is mailed 105
why it should not issue and deliver the certificate to the 106
person indicated in the notice of lien filed by the lienholder 107
whose name appears in the application as the first lienholder 108
without showing any lien or liens as outstanding o ther than 109
those appearing in the application or those which may have been 110
filed subsequent to the filing of the application for the 111
certificate. If, within the 15 -day period, any person other than 112
the lienholder shown in the application or a party filing a 113
subsequent lien, in answer to such notice to show cause, appears 114
in person or by a representative, or responds in writing, and 115
files a written statement under oath that his or her lien on 116
that particular vehicle is still outstanding, the department may 117
shall not issue the certificate to anyone until after such 118
conflict has been settled by the lien claimants involved or by a 119
court of competent jurisdiction. If the conflict is not settled 120
amicably within 10 days of the final date for filing an answer 121
to the notice to show cause, the complaining party must shall 122
have 10 days to obtain a ruling, or a stay order, from a court 123
of competent jurisdiction; if no ruling or stay order is issued 124
and served on the department within the 10 -day period, it must 125
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shall issue the certificate showing no liens except those shown 126
in the application or thereafter filed to the original applicant 127
if there are no liens shown in the application and none are 128
thereafter filed, or to the person indicated in the notice of 129
lien filed by the lienholder whose name appears in the 130
application as the first lienholder if there are liens shown in 131
the application or thereafter filed. A duplicate certificate or 132
corrected certificate may shall only show such lien or liens as 133
were shown in the applica tion and subsequently filed liens that 134
may be outstanding. 135
Section 3. Present subsection (4) of section 319.29, 136
Florida Statutes, is redesignated as subsection (5), and a new 137
subsection (4) is added to that section, to read: 138
319.29 Lost or destroyed certificates.— 139
(4) An application for a duplicate copy of a certificate 140
of title may be fulfilled by the tax collector acting as an 141
authorized agent of the department. Upon the applicant's 142
request, the duplicate copy may be issued by the tax collector 143
and provided to the applicant at the tax collector's office or 144
mailed by the tax collector to the applicant's address. 145
Section 4. Subsection (1) of section 320.031, Florida 146
Statutes, is amended to read: 147
320.031 Mailing or delivery of registration certi ficates, 148
license plates, and validation stickers. — 149
(1) The department and the tax collectors of the several 150
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counties of the state , as agents of the department, may at the 151
request of the applicant deliver in person or use United States 152
mail service to deliver registration certificates and renewals 153
thereof, duplicate registration certificates, license plates, 154
mobile home stickers, and validation stickers to applicants. 155
Section 5. Paragraph (d) of subsection (1) of section 156
320.0848, Florida Statutes, is amended to read: 157
320.0848 Persons who have disabilities; issuance of 158
disabled parking permits; temporary permits; permits for certain 159
providers of transportation services to persons who have 160
disabilities.— 161
(1) 162
(d) The department shall renew the disabled parking permit 163
of a any person certified as permanently disabled on the 164
previous application for a subsequent 4-year period without 165
requiring the person to provide another certificate of 166
disability or United Sta tes Department of Veterans Affairs Form 167
Letter 27-333, or its equivalent, as applicable. After such 4 -168
year period, the department shall renew the disabled parking 169
permit if the person provides a certificate of disability issued 170
within the last 12 months pu rsuant to this subsection. A veteran 171
who has been previously evaluated and certified by the United 172
States Department of Veterans Affairs or any branch of the 173
United States Armed Forces as permanently and totally disabled 174
from a service-connected disability may provide a United States 175
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Department of Veterans Affairs Form Letter 27 -333, or its 176
equivalent, issued within the last 12 months in lieu of a 177
certificate of disability. 178
Section 6. Subsections (1) and (5) of section 322.02, 179
Florida Statutes, are amen ded to read: 180
322.02 Legislative intent; administration. — 181
(1) The Legislature finds that over the past several years 182
the department and individual county tax collectors have entered 183
into contracts for the delivery of full and limited driver 184
license services where such contractual relationships best 185
served the public interest through state administration and 186
enforcement and local government implementation. It is the 187
intent of the Legislature that the complete transition of all 188
driver license issuance serv ices to tax collectors who are 189
constitutional officers under s. 1(d), Art. VIII of the State 190
Constitution be completed no later than June 30, 2027 2015. The 191
transition of services to appointed charter county tax 192
collectors may occur on a limited basis as d irected by the 193
department. 194
(5) The tax collector in and for his or her county is may 195
be designated the exclusive agent of the department to implement 196
and administer the provisions of this chapter as provided by s. 197
322.135. 198
Section 7. Subsections (3) and (4) of section 322.12, 199
Florida Statutes, are amended to read: 200
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322.12 Examination of applicants. — 201
(3)(a) For an applicant for a Class E driver license, such 202
examination must shall include all of the following: 203
1.(a) A test of the applicant's eyesight given by the 204
driver license examiner designated by the department or by a 205
licensed ophthalmologist, optometrist, or physician. 206
2.(b) A test of the applicant's hearing given by a driver 207
license examiner or a licensed p hysician. 208
3.(c) A test of the applicant's ability to read and 209
understand highway signs regulating, warning, and directing 210
traffic; his or her knowledge of the traffic laws of this state, 211
including laws regulating driving under the influence of alcohol 212
or controlled substances, driving with an unlawful blood -alcohol 213
level, and driving while intoxicated; and his or her knowledge 214
of the effects of alcohol and controlled substances upon persons 215
and the dangers of driving a motor vehicle while under the 216
influence of alcohol or controlled substances. At least 25 217
questions within the bank of test questions must address bicycle 218
and pedestrian safety. 219
4.(d) An actual demonstration of ability to exercise 220
ordinary and reasonable control in the operation of a motor 221
vehicle. 222
(b) An applicant who is found to have cheated during, or 223
to have otherwise circumvented, any portion of the examination 224
must retake the examination. 225
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(4)(a) The examination for an applicant for a commercial 226
driver license must shall include all of the following: 227
1. A test of the applicant's eyesight given by a driver 228
license examiner designated by the department or by a licensed 229
ophthalmologist, optometrist, or physician . and 230
2. A test of the applicant's hearing given by a driver 231
license examiner or a licensed physician. 232
3. The examination shall also include A test of the 233
applicant's ability to read and understand highway signs 234
regulating, warning, and directing traffic; his or her knowledge 235
of the traffic laws of this state pertaining to t he class of 236
motor vehicle which he or she is applying to be licensed to 237
operate, including laws regulating driving under the influence 238
of alcohol or controlled substances, driving with an unlawful 239
blood-alcohol level, and driving while intoxicated; his or her 240
knowledge of the effects of alcohol and controlled substances 241
and the dangers of driving a motor vehicle after having consumed 242
alcohol or controlled substances; and his or her knowledge of 243
any special skills, requirements, or precautions necessary for 244
the safe operation of the class of vehicle which he or she is 245
applying to be licensed to operate. 246
4. In addition, the examination shall include An actual 247
demonstration of the applicant's ability to exercise ordinary 248
and reasonable control in the safe ope ration of a motor vehicle 249
or combination of vehicles of the type covered by the license 250
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classification which the applicant is seeking, including an 251
examination of the applicant's ability to perform an inspection 252
of his or her vehicle. 253
(b)(a) The portion of the examination required under 254
subparagraph (a)4. which tests an applicant's safe driving 255
ability shall be administered by the department or by an entity 256
authorized by the department to administer such examination, 257
pursuant to s. 322.56. Such examinatio n shall be administered at 258
a location approved by the department. 259
(c)(b) A person who seeks to retain a hazardous -materials 260
endorsement must, upon renewal, pass the test for such 261
endorsement as specified in s. 322.57(1)(e), if the person has 262
not taken and passed the hazardous -materials test within 2 years 263
preceding his or her application for a commercial driver license 264
in this state. 265
(d) An applicant who is found to have cheated during, or 266
to have otherwise circumvented, any portion of the examination 267
must retake the examination. 268
Section 8. Subsections (6) and (7) of section 322.135, 269
Florida Statutes, are renumbered as subsections (5) and (6), 270
respectively, paragraph (a) of subsection (1) and present 271
subsection (5) are amended, and paragraph (d) is a dded to 272
subsection (1) of that section, to read: 273
322.135 Driver license agents. — 274
(1) The department shall, upon application, authorize by 275
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interagency agreement any or all of the tax collectors who are 276
constitutional officers under s. 1(d), Art. VIII of the State 277
Constitution in the several counties of the state, subject to 278
the requirements of law, in accordance with rules of the 279
department, to serve as its agent for the provision of specified 280
driver license services. 281
(a) These services shall be limite d to the issuance of 282
driver licenses and identification cards as authorized by this 283
chapter, transactions for which may be processed by the tax 284
collector using the department's online license and registration 285
portal. 286
(d) A tax collector may offer a licen see or prospective 287
licensee the option to increase the amount of his or her 288
transaction to the next whole dollar amount in order to donate 289
the amount of the increase to a charity registered with the 290
Department of Agriculture and Consumer Services. 291
(5) All driver license issuance services shall be assumed 292
by the tax collectors who are constitutional officers under s. 293
1(d), Art. VIII of the State Constitution by June 30, 2015. The 294
implementation shall follow the schedule outlined in the 295
transition report of February 1, 2011, which was required 296
pursuant to chapter 2010 -163, Laws of Florida. 297
Section 9. Subsection (4) of section 322.251, Florida 298
Statutes, is amended to read: 299
322.251 Notice of cancellation, suspension, revocation, or 300
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disqualification of license.— 301
(4) A person whose privilege to operate a commercial motor 302
vehicle is temporarily disqualified may, upon surrendering his 303
or her commercial driver license, be issued a Class E driver 304
license, valid for the length of his or her unexpired commerc ial 305
driver license, if eligible, at no cost. Such person may, upon 306
the completion of his or her disqualification, be issued a 307
commercial driver license, of the type disqualified, for the 308
remainder of his or her unexpired license period. Any such 309
person must shall pay the reinstatement fee provided in s. 310
322.21 before being issued a commercial driver license. 311
Section 10. Paragraph (b) of subsection (1) of section 312
322.271, Florida Statutes, is amended to read: 313
322.271 Authority to modify revocation, can cellation, or 314
suspension order.— 315
(1) 316
(b) A person whose driving privilege has been revoked 317
under s. 322.27(5) may, upon expiration of 12 months from the 318
date of such revocation, petition the department for 319
reinstatement of his or her driving privilege. Upon such 320
petition and after investigation of the person's qualification, 321
fitness, and need to drive, the department shall hold a hearing 322
pursuant to chapter 120 to determine whether the driving 323
privilege shall be reinstated on a restricted basis solely fo r 324
business or employment purposes. If such person is granted a 325
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limited driving privilege and subsequently violates the 326
conditions of the restricted driving privilege, the restricted 327
driving privilege must be revoked and the person is not eligible 328
for any driving privilege for the remaining duration of the 5 -329
year period after his or her initial license revocation. 330
Section 11. Section 322.66, Florida Statutes, is amended 331
to read: 332
322.66 Vehicles permitted to be driven during driving 333
skills tests.—A person who does not possess a valid driver 334
license may drive a noncommercial or commercial motor vehicle 335
during a driving skills test conducted in accordance with s. 336
322.12(3) and (4)(b) s. 322.12(3) and (4)(a) , if the person has 337
passed the vision, hearing, ro ad rules, and road signs tests 338
ordinarily administered to applicants for a Class E license, 339
and, if required, has passed the commercial driver license 340
knowledge and appropriate endorsement tests. 341
Section 12. This act shall take effect July 1, 2026. 342