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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 issue a 16
lifetime disabled parking permit to certain 17
permanently disabled persons; providing the validation 18
period for such permits; requiring the department to 19
renew certain disabled parking permits for a specified 20
period without requiring certain documentation; 21
requiring the validation st icker issued for lifetime 22
disabled parking permits to indicate that the permits 23
do not expire; authorizing a person who has been 24
issued such a permit to provide a certificate of 25
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disability issued at any time in order to obtain a 26
replacement for a lost or s tolen permit; amending s. 27
322.02, F.S.; revising the year by which the 28
Legislature intends that the transition of certain 29
services to certain tax collectors be completed; 30
removing a provision authorizing such transition of 31
services to appointed charter cou nty tax collectors on 32
a limited basis; providing that the tax collector is, 33
rather than may be, designated the exclusive agent of 34
the department for a specified purpose; amending s. 35
322.12, F.S.; requiring certain driver license 36
applicants to retake certai n examinations; amending s. 37
322.135, F.S.; authorizing a tax collector to process 38
certain transactions using the department's online 39
license and registration portal; authorizing a tax 40
collector to offer to a licensee or prospective 41
licensee a certain donat ion option; removing a 42
provision concerning driver license issuance being 43
assumed by tax collectors by a certain date; amending 44
s. 322.251, F.S.; authorizing the issuance of a Class 45
E driver license to certain persons, if eligible; 46
amending s. 322.271, F.S .; requiring the revocation of 47
a restricted driving privilege for a specified period 48
in certain circumstances; amending s. 322.66, F.S.; 49
conforming a cross-reference; providing an effective 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
date. 51
52
Be It Enacted by the Legislature of the State of Florid a: 53
54
Section 1. Section 316.88, Florida Statutes, is created to 55
read: 56
316.88 Sale of appointments prohibited. —Unless authorized 57
in writing by the department or a tax collector acting as an 58
authorized agent of the department, a person may not sell, or 59
offer to sell, a service appointment with a department office, 60
or the office of a tax collector acting as an authorized agent 61
of the department, for any service authorized by chapter 319, 62
chapter 320, chapter 322, or chapter 328. A person who violates 63
this section commits a misdemeanor of the first degree, 64
punishable as provided in s. 775.082 or s. 775.083. 65
Section 2. Subsection (2) of section 319.24, Florida 66
Statutes, is amended to read: 67
319.24 Issuance in duplicate; delivery; liens and 68
encumbrances.— 69
(2) A duly authorized person shall sign the original 70
certificate of title and each corrected certificate and, if 71
there are no liens or encumbrances on the motor vehicle or 72
mobile home, as shown in the records of the department or as 73
shown in the application, must shall deliver the certificate to 74
the applicant or to another person as directed by the applicant 75
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or person, agent, or attorney submitting such application. Tax 76
collectors, as authorized agents of the department, may deliver 77
original certificate s of title and corrected certificates by 78
mail or make such certificates available to applicants at tax 79
collectors' offices. The motor vehicle dealer license number 80
must be submitted to the department when a dealer applies for or 81
receives a duplicate title. The current odometer reading must be 82
submitted on an application for a duplicate title. If there are 83
one or more liens or encumbrances on the motor vehicle or mobile 84
home, the certificate must shall be delivered by the department 85
to the first lienholder a s shown by department records or to the 86
owner as indicated in the notice of lien filed by the first 87
lienholder pursuant to s. 319.27. If the notice of lien filed by 88
the first lienholder indicates that the certificate should be 89
delivered to the first lienho lder, the department must shall 90
deliver to the first lienholder, along with the certificate, a 91
form to be subsequently used by the lienholder as a 92
satisfaction. If the notice of lien filed by the first 93
lienholder directs the certificate of title to be deli vered to 94
the owner, then, upon delivery of the certificate of title by 95
the department to the owner, the department must shall deliver 96
to the first lienholder confirmation of the receipt of the 97
notice of lien and the date the certificate of title was issued 98
to the owner at the owner's address shown on the notice of lien 99
and a form to be subsequently used by the lienholder as a 100
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satisfaction. If the application for certificate shows the name 101
of a first lienholder different from the name of the first 102
lienholder as shown by the records of the department or if the 103
application does not show the name of a judgment lienholder as 104
shown by the records of the department, the certificate may 105
shall not be issued to any person until after all parties who 106
appear to hold a lien and the applicant for the certificate have 107
been notified of the conflict in writing by the department by 108
certified mail. If the parties do not amicably resolve the 109
conflict within 10 days from the date such notice was mailed, 110
then the department must shall serve notice in writing by 111
certified mail on all persons appearing to hold liens on that 112
particular vehicle, including the applicant for the certificate, 113
to show cause within 15 days from the date the notice is mailed 114
why it should not issue and deliv er the certificate to the 115
person indicated in the notice of lien filed by the lienholder 116
whose name appears in the application as the first lienholder 117
without showing any lien or liens as outstanding other than 118
those appearing in the application or those w hich may have been 119
filed subsequent to the filing of the application for the 120
certificate. If, within the 15 -day period, any person other than 121
the lienholder shown in the application or a party filing a 122
subsequent lien, in answer to such notice to show caus e, appears 123
in person or by a representative, or responds in writing, and 124
files a written statement under oath that his or her lien on 125
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that particular vehicle is still outstanding, the department may 126
shall not issue the certificate to anyone until after suc h 127
conflict has been settled by the lien claimants involved or by a 128
court of competent jurisdiction. If the conflict is not settled 129
amicably within 10 days of the final date for filing an answer 130
to the notice to show cause, the complaining party must shall 131
have 10 days to obtain a ruling, or a stay order, from a court 132
of competent jurisdiction; if no ruling or stay order is issued 133
and served on the department within the 10 -day period, it must 134
shall issue the certificate showing no liens except those shown 135
in the application or thereafter filed to the original applicant 136
if there are no liens shown in the application and none are 137
thereafter filed, or to the person indicated in the notice of 138
lien filed by the lienholder whose name appears in the 139
application as the first lienholder if there are liens shown in 140
the application or thereafter filed. A duplicate certificate or 141
corrected certificate may shall only show such lien or liens as 142
were shown in the application and subsequently filed liens that 143
may be outstanding. 144
Section 3. Present subsection (4) of section 319.29, 145
Florida Statutes, is redesignated as subsection (5), and a new 146
subsection (4) is added to that section, to read: 147
319.29 Lost or destroyed certificates. — 148
(4) An application for a duplicate copy of a certificate 149
of title may be fulfilled by the tax collector acting as an 150
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authorized agent of the department. Upon the applicant's 151
request, the duplicate copy may be issued by the tax collector 152
and provided to the applicant at the tax collector's office or 153
mailed by the tax collector to the applicant's address. 154
Section 4. Subsection (1) of section 320.031, Florida 155
Statutes, is amended to read: 156
320.031 Mailing or delivery of registration certificates, 157
license plates, and validation stickers. — 158
(1) The department and the tax collectors of the several 159
counties of the state , as agents of the department, may at the 160
request of the applicant deliver in person or use United States 161
mail service to deliver registratio n certificates and renewals 162
thereof, duplicate registration certificates, license plates, 163
mobile home stickers, and validation stickers to applicants. 164
Section 5. Subsections (1) and (2) of section 320.0848, 165
Florida Statutes, are amended to read: 166
320.0848 Persons who have disabilities; issuance of 167
disabled parking permits; temporary permits; permits for certain 168
providers of transportation services to persons who have 169
disabilities.— 170
(1)(a) The Department of Highway Safety and Motor Vehicles 171
or its authorized agents shall, upon application and receipt of 172
the fee:, 173
1. Issue a disabled parking permit for a period of up to 4 174
years, which period ends on the applicant's birthday, to any 175
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person who has long-term mobility impairment ; 176
2. Issue, or a temporary disabled parking permit for up to 177
not to exceed 6 months to a any person who has a temporary 178
mobility impairment; or 179
3. Issue a lifetime disabled parking permit to a person 180
who is certified as permanently disabled due to permanent 181
dismemberment or an amputation and is in need of the disabled 182
parking permit due to that permanent dismemberment or 183
amputation. A lifetime disabled parking permit is valid from the 184
date of issuance until the person's death and is not subject to 185
renewal under paragraph ( d). 186
187
A No person is not will be required to pay a fee for a parking 188
permit for disabled persons more than once in a 12 -month period 189
from the date of the prior fee payment. 190
(b)1. The person must be currently certified as being 191
legally blind or as having a ny of the following disabilities 192
that render him or her unable to walk 200 feet without stopping 193
to rest: 194
a. Inability to walk without the use of or assistance from 195
a brace, cane, crutch, prosthetic device, or other assistive 196
device, or without the assis tance of another person. If the 197
assistive device significantly restores the person's ability to 198
walk to the extent that the person can walk without severe 199
limitation, the person is not eligible for the exemption parking 200
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permit. 201
b. The need to permanently use a wheelchair. 202
c. Restriction by lung disease to the extent that the 203
person's forced (respiratory) expiratory volume for 1 second, 204
when measured by spirometry, is less than 1 liter, or the 205
person's arterial oxygen is less than 60 mm/hg on room air at 206
rest. 207
d. Use of portable oxygen. 208
e. Restriction by cardiac condition to the extent that the 209
person's functional limitations are classified in severity as 210
Class III or Class IV according to standards set by the American 211
Heart Association. 212
f. Severe limitation in the person's ability to walk due 213
to an arthritic, neurological, or orthopedic condition. 214
2. The certification of disability which is required under 215
subparagraph 1. must be provided by a physician licensed under 216
chapter 458, chapter 459, or c hapter 460, by a podiatric 217
physician licensed under chapter 461, by an optometrist licensed 218
under chapter 463, by an advanced practice registered nurse 219
licensed under chapter 464 under the protocol of a licensed 220
physician as stated in this subparagraph, by a physician 221
assistant licensed under chapter 458 or chapter 459, or by a 222
similarly licensed physician from another state if the 223
application is accompanied by documentation of the physician's 224
licensure in the other state and a form signed by the out -of-225
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state physician verifying his or her knowledge of this state's 226
eligibility guidelines. 227
(c) The certificate of disability must include, but need 228
not be limited to: 229
1. The disability of the applicant; the certifying 230
practitioner's name and address; the prac titioner's 231
certification number; the eligibility criteria for the permit; 232
the penalty for falsification by either the certifying 233
practitioner or the applicant; the duration of the condition 234
that entitles the person to the permit; and justification for 235
the additional placard pursuant to subsection (2). 236
2. The statement, in bold letters: "A disabled parking 237
permit may be issued only for a medical necessity that severely 238
affects mobility." 239
3. The signatures of: 240
a. The applicant's physician or other certi fying 241
practitioner. 242
b. The applicant or the applicant's parent or guardian. 243
c. The employee of the department's authorized agent which 244
employee is processing the application. 245
(d) The department shall renew the disabled parking permit 246
of a any person certified as permanently disabled on the 247
previous application for a subsequent 4-year period without 248
requiring the person to provide another certificate of 249
disability or United States Department of Veterans Affairs Form 250
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Letter 27-333, or its equivalent, as applicable. After such 4 -251
year period, the department shall renew the disabled parking 252
permit if the person provides a certificate of disability issued 253
within the last 12 months pursuant to this subsection. A veteran 254
who has been previously evaluat ed and certified by the United 255
States Department of Veterans Affairs or any branch of the 256
United States Armed Forces as permanently and totally disabled 257
from a service-connected disability may provide a United States 258
Department of Veterans Affairs Form Let ter 27-333, or its 259
equivalent, issued within the last 12 months in lieu of a 260
certificate of disability. 261
(e) The Department of Highway Safety and Motor Vehicles 262
shall, in consultation with the Commission for the 263
Transportation Disadvantaged, adopt rules, in accordance with 264
chapter 120, for the issuance of a disabled parking permit to 265
any organization that can adequately demonstrate a bona fide 266
need for such a permit because the organization provides regular 267
transportation services to persons who have disab ilities and are 268
certified as provided in this subsection. 269
(2) DISABLED PARKING PERMIT; PERSONS WITH LONG -TERM 270
MOBILITY PROBLEMS, PERMANENT DISMEMBERMENT, OR AMPUTATION .— 271
(a) The disabled parking permit is a placard that can be 272
placed in a motor vehicle so as to be visible from the front and 273
rear of the vehicle. Each side of the placard must have the 274
international symbol of accessibility in a contrasting color in 275
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the center so as to be visible. One side of the placard must 276
display the applicant's driver license number or state 277
identification card number along with a warning that the 278
applicant must have such identification at all times while using 279
the parking permit. In those cases where the severity of the 280
disability prevents a disabled person from physic ally visiting 281
or being transported to a driver license or tax collector office 282
to obtain a driver license or identification card, a certifying 283
physician may sign the exemption section of the department's 284
parking permit application to exempt the disabled pe rson from 285
being issued a driver license or identification card for the 286
number to be displayed on the parking permit. A validation 287
sticker must also be issued with each disabled parking permit, 288
showing the month and year of expiration , or, in the case of a 289
lifetime disabled parking permit, indicating that the permit 290
does not expire, on each side of the placard. Validation 291
stickers must be of the size specified by the Department of 292
Highway Safety and Motor Vehicles and must be affixed to the 293
disabled parking permits. The disabled parking permits must use 294
the same colors as license plate validations. 295
(b) License plates issued under ss. 320.084, 320.0842, 296
320.0843, and 320.0845 are valid for the same parking privileges 297
and other privileges provided under ss. 3 16.1955, 316.1964, and 298
526.141(5)(a). 299
(c) The department shall not issue an additional disabled 300
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parking permit unless the applicant states that he or she is a 301
frequent traveler or a quadriplegic. The department may not 302
issue to any one eligible applicant more than two disabled 303
parking permits except to an organization in accordance with 304
paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to 305
this subsection. 306
(d) To obtain a replacement for a disabled parking permit 307
that has been lost or stolen, a person must submit an 308
application on a form prescribed by the department, pay a 309
replacement fee in the amount of $1, to be retained by the 310
issuing agency, and provide a certificate of disability issued 311
within the last 12 months pursuant to subsection (1), except 312
that: and pay a replacement fee in the amount of $1, to be 313
retained by the issuing agency. 314
1. If the person submits with the application a police 315
report documenting that the permit was stolen, there is no 316
replacement fee. 317
2. A veteran who has been previously evaluated and 318
certified by the United States Department of Veterans Affairs or 319
any branch of the United States Armed Forces as permanently and 320
totally disabled from a service -connected disability may provide 321
a United States Department of Veterans Affairs Form Letter 27 -322
333, or its equivalent, issued within the last 12 months in lieu 323
of a certificate of disability. 324
3. A person who has been issued a lifetime disabled 325
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parking permit under subparagraph (1)(a)3. may provide a 326
certificate of disability issued at any time. 327
(e) A person who qualifies for a disabled parking permit 328
under this section may be issued an international wheelchair 329
user symbol license plate under s. 320.0843 in lieu of the 330
disabled parking permit; or, if the person qualifies for a "DV" 331
license plate under s. 320.084, such a license plate may be 332
issued to him or her in lieu of a disabled parking permit. 333
Section 6. Subsections (1) and (5) of section 322.02, 334
Florida Statutes, are amended to read: 335
322.02 Legislative intent; administration. — 336
(1) The Legislature finds that over the past several years 337
the department and individual county tax collectors have entered 338
into contracts for the delivery of full and limited driver 339
license services where such co ntractual relationships best 340
served the public interest through state administration and 341
enforcement and local government implementation. It is the 342
intent of the Legislature that the complete transition of all 343
driver license issuance services to tax collec tors who are 344
constitutional officers under s. 1(d), Art. VIII of the State 345
Constitution be completed no later than June 30, 2027 2015. The 346
transition of services to appointed charter county tax 347
collectors may occur on a limited basis as directed by the 348
department. 349
(5) The tax collector in and for his or her county is may 350
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be designated the exclusive agent of the department to implement 351
and administer the provisions of this chapter as provided by s. 352
322.135. 353
Section 7. Subsections (3) and (4) of section 322.12, 354
Florida Statutes, are amended to read: 355
322.12 Examination of applicants. — 356
(3)(a) For an applicant for a Class E driver license, such 357
examination must shall include all of the following: 358
1.(a) A test of the applicant's eyesight given by the 359
driver license examiner designated by the department or by a 360
licensed ophthalmologist, optometrist, or physician. 361
2.(b) A test of the applicant's hearing given by a driver 362
license examiner or a licensed physician. 363
3.(c) A test of the applicant's ability to read and 364
understand highway signs regulating, warning, and directing 365
traffic; his or her knowledge of the traffic laws of this state, 366
including laws regulating driving under the influence of alcohol 367
or controlled substances, driving with an unlawful blood -alcohol 368
level, and driving while intoxicated; and his or her knowledge 369
of the effects of alcohol and controlled substances upon persons 370
and the dangers of driving a motor vehicle while under the 371
influence of alcohol o r controlled substances. At least 25 372
questions within the bank of test questions must address bicycle 373
and pedestrian safety. 374
4.(d) An actual demonstration of ability to exercise 375
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ordinary and reasonable control in the operation of a motor 376
vehicle. 377
(b) An applicant who is found to have cheated during, or 378
to have otherwise circumvented, any portion of the examination 379
must retake the examination. 380
(4)(a) The examination for an applicant for a commercial 381
driver license must shall include all of the following: 382
1. A test of the applicant's eyesight given by a driver 383
license examiner designated by the department or by a licensed 384
ophthalmologist, optometrist, or physician . and 385
2. A test of the applicant's hearing given by a driver 386
license examiner or a licen sed physician. 387
3. The examination shall also include A test of the 388
applicant's ability to read and understand highway signs 389
regulating, warning, and directing traffic; his or her knowledge 390
of the traffic laws of this state pertaining to the class of 391
motor vehicle which he or she is applying to be licensed to 392
operate, including laws regulating driving under the influence 393
of alcohol or controlled substances, driving with an unlawful 394
blood-alcohol level, and driving while intoxicated; his or her 395
knowledge of the effects of alcohol and controlled substances 396
and the dangers of driving a motor vehicle after having consumed 397
alcohol or controlled substances; and his or her knowledge of 398
any special skills, requirements, or precautions necessary for 399
the safe operation of the class of vehicle which he or she is 400
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applying to be licensed to operate. 401
4. In addition, the examination shall include An actual 402
demonstration of the applicant's ability to exercise ordinary 403
and reasonable control in the safe operation of a moto r vehicle 404
or combination of vehicles of the type covered by the license 405
classification which the applicant is seeking, including an 406
examination of the applicant's ability to perform an inspection 407
of his or her vehicle. 408
(b)(a) The portion of the examinati on required under 409
subparagraph (a)4. which tests an applicant's safe driving 410
ability shall be administered by the department or by an entity 411
authorized by the department to administer such examination, 412
pursuant to s. 322.56. Such examination shall be admin istered at 413
a location approved by the department. 414
(c)(b) A person who seeks to retain a hazardous -materials 415
endorsement must, upon renewal, pass the test for such 416
endorsement as specified in s. 322.57(1)(e), if the person has 417
not taken and passed the haz ardous-materials test within 2 years 418
preceding his or her application for a commercial driver license 419
in this state. 420
(d) An applicant who is found to have cheated during, or 421
to have otherwise circumvented, any portion of the examination 422
must retake the examination. 423
Section 8. Subsections (6) and (7) of section 322.135, 424
Florida Statutes, are renumbered as subsections (5) and (6), 425
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respectively, paragraph (a) of subsection (1) and present 426
subsection (5) are amended, and paragraph (d) is added to 427
subsection (1) of that section, to read: 428
322.135 Driver license agents. — 429
(1) The department shall, upon application, authorize by 430
interagency agreement any or all of the tax collectors who are 431
constitutional officers under s. 1(d), Art. VIII of the State 432
Constitution in the several counties of the state, subject to 433
the requirements of law, in accordance with rules of the 434
department, to serve as its agent for the provision of specified 435
driver license services. 436
(a) These services shall be limited to the issuanc e of 437
driver licenses and identification cards as authorized by this 438
chapter, transactions for which may be processed by the tax 439
collector using the department's online license and registration 440
portal. 441
(d) A tax collector may offer a licensee or prospecti ve 442
licensee the option to increase the amount of his or her 443
transaction to the next whole dollar amount in order to donate 444
the amount of the increase to a charity registered with the 445
Department of Agriculture and Consumer Services. 446
(5) All driver license issuance services shall be assumed 447
by the tax collectors who are constitutional officers under s. 448
1(d), Art. VIII of the State Constitution by June 30, 2015. The 449
implementation shall follow the schedule outlined in the 450
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transition report of February 1, 2011, which was required 451
pursuant to chapter 2010 -163, Laws of Florida. 452
Section 9. Subsection (4) of section 322.251, Florida 453
Statutes, is amended to read: 454
322.251 Notice of cancellation, suspension, revocation, or 455
disqualification of license. — 456
(4) A person whose privilege to operate a commercial motor 457
vehicle is temporarily disqualified may, upon surrendering his 458
or her commercial driver license, be issued a Class E driver 459
license, valid for the length of his or h er unexpired commercial 460
driver license, if eligible, at no cost. Such person may, upon 461
the completion of his or her disqualification, be issued a 462
commercial driver license, of the type disqualified, for the 463
remainder of his or her unexpired license period. Any such 464
person must shall pay the reinstatement fee provided in s. 465
322.21 before being issued a commercial driver license. 466
Section 10. Paragraph (b) of subsection (1) of section 467
322.271, Florida Statutes, is amended to read: 468
322.271 Authority to mo dify revocation, cancellation, or 469
suspension order.— 470
(1) 471
(b) A person whose driving privilege has been revoked 472
under s. 322.27(5) may, upon expiration of 12 months from the 473
date of such revocation, petition the department for 474
reinstatement of his or her driving privilege. Upon such 475
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petition and after investigation of the person's qualification, 476
fitness, and need to drive, the department shall hold a hearing 477
pursuant to chapter 120 to determine whether the driving 478
privilege shall be reinstated on a restri cted basis solely for 479
business or employment purposes. If such person is granted a 480
limited driving privilege and subsequently violates the 481
conditions of the restricted driving privilege, the restricted 482
driving privilege must be revoked and the person is no t eligible 483
for any driving privilege for the remaining duration of the 5 -484
year period after his or her initial license revocation. 485
Section 11. Section 322.66, Florida Statutes, is amended 486
to read: 487
322.66 Vehicles permitted to be driven during driving 488
skills tests.—A person who does not possess a valid driver 489
license may drive a noncommercial or commercial motor vehicle 490
during a driving skills test conducted in accordance with s. 491
322.12(3) and (4)(b) s. 322.12(3) and (4)(a) , if the person has 492
passed the vision, hearing, road rules, and road signs tests 493
ordinarily administered to applicants for a Class E license, 494
and, if required, has passed the commercial driver license 495
knowledge and appropriate endorsement tests. 496
Section 12. This act shall take effe ct July 1, 2026. 497