Florida 2025 2025 Regular Session

Florida Senate Bill S1348 Comm Sub / Bill

Filed 04/03/2025

 Florida Senate - 2025 CS for SB 1348  By the Committee on Transportation; and Senator Trumbull 596-03167-25 20251348c1 1 A bill to be entitled 2 An act relating to the Department of Highway Safety 3 and Motor Vehicles; amending s. 319.24, F.S.; 4 authorizing tax collectors to deliver by mail or make 5 available at the tax collectors office certificates 6 of title; amending s. 319.29, F.S.; providing that 7 certain applications may be fulfilled by the tax 8 collector acting as an authorized agent of the 9 department; amending s. 320.031, F.S.; authorizing the 10 department and tax collectors, as agents of the 11 department, to deliver certain documents, including 12 duplicate registration certificates, in person or by 13 mail; amending s. 320.0848, F.S.; requiring the 14 department to renew certain disabled parking permits 15 for a specified period without requiring certain 16 documentation; amending s. 322.02, F.S.; revising the 17 year by which the Legislature intends that the 18 transition of certain services to certain tax 19 collectors be completed; deleting a provision 20 authorizing such transition of services to appointed 21 charter county tax collectors on a limited basis; 22 providing that the tax collector is, rather than may 23 be, designated the exclusive agent of the department 24 for a specified purpose; amending s. 322.12, F.S.; 25 requiring certain driver license applicants to retake 26 certain examinations; amending s. 322.135, F.S.; 27 authorizing a tax collector to process certain 28 transactions using the departments online license and 29 registration portal; authorizing a tax collector to 30 offer to a licensee or prospective licensee a certain 31 donation option; amending s. 322.251, F.S.; 32 authorizing the issuance of a Class E driver license 33 to certain persons, if eligible; amending s. 322.271, 34 F.S.; requiring the revocation of a restricted driving 35 privilege for a specified period in certain 36 circumstances; amending s. 322.66, F.S.; conforming a 37 cross-reference; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1.Subsection (2) of section 319.24, Florida 42 Statutes, is amended to read: 43 319.24Issuance in duplicate; delivery; liens and 44 encumbrances. 45 (2)A duly authorized person shall sign the original 46 certificate of title and each corrected certificate and, if 47 there are no liens or encumbrances on the motor vehicle or 48 mobile home, as shown in the records of the department or as 49 shown in the application, must shall deliver the certificate to 50 the applicant or to another person as directed by the applicant 51 or person, agent, or attorney submitting such application. Tax 52 collectors, as authorized agents of the department, may deliver 53 original certificates of title and corrected certificates by 54 mail or make such certificates available to applicants at tax 55 collectors offices. The motor vehicle dealer license number 56 must be submitted to the department when a dealer applies for or 57 receives a duplicate title. The current odometer reading must be 58 submitted on an application for a duplicate title. If there are 59 one or more liens or encumbrances on the motor vehicle or mobile 60 home, the certificate must shall be delivered by the department 61 to the first lienholder as shown by department records or to the 62 owner as indicated in the notice of lien filed by the first 63 lienholder pursuant to s. 319.27. If the notice of lien filed by 64 the first lienholder indicates that the certificate should be 65 delivered to the first lienholder, the department must shall 66 deliver to the first lienholder, along with the certificate, a 67 form to be subsequently used by the lienholder as a 68 satisfaction. If the notice of lien filed by the first 69 lienholder directs the certificate of title to be delivered to 70 the owner, then, upon delivery of the certificate of title by 71 the department to the owner, the department must shall deliver 72 to the first lienholder confirmation of the receipt of the 73 notice of lien and the date the certificate of title was issued 74 to the owner at the owners address shown on the notice of lien 75 and a form to be subsequently used by the lienholder as a 76 satisfaction. If the application for certificate shows the name 77 of a first lienholder different from the name of the first 78 lienholder as shown by the records of the department or if the 79 application does not show the name of a judgment lienholder as 80 shown by the records of the department, the certificate may 81 shall not be issued to any person until after all parties who 82 appear to hold a lien and the applicant for the certificate have 83 been notified of the conflict in writing by the department by 84 certified mail. If the parties do not amicably resolve the 85 conflict within 10 days from the date such notice was mailed, 86 then the department must shall serve notice in writing by 87 certified mail on all persons appearing to hold liens on that 88 particular vehicle, including the applicant for the certificate, 89 to show cause within 15 days from the date the notice is mailed 90 why it should not issue and deliver the certificate to the 91 person indicated in the notice of lien filed by the lienholder 92 whose name appears in the application as the first lienholder 93 without showing any lien or liens as outstanding other than 94 those appearing in the application or those which may have been 95 filed subsequent to the filing of the application for the 96 certificate. If, within the 15-day period, any person other than 97 the lienholder shown in the application or a party filing a 98 subsequent lien, in answer to such notice to show cause, appears 99 in person or by a representative, or responds in writing, and 100 files a written statement under oath that his or her lien on 101 that particular vehicle is still outstanding, the department may 102 shall not issue the certificate to anyone until after such 103 conflict has been settled by the lien claimants involved or by a 104 court of competent jurisdiction. If the conflict is not settled 105 amicably within 10 days of the final date for filing an answer 106 to the notice to show cause, the complaining party must shall 107 have 10 days to obtain a ruling, or a stay order, from a court 108 of competent jurisdiction; if no ruling or stay order is issued 109 and served on the department within the 10-day period, it must 110 shall issue the certificate showing no liens except those shown 111 in the application or thereafter filed to the original applicant 112 if there are no liens shown in the application and none are 113 thereafter filed, or to the person indicated in the notice of 114 lien filed by the lienholder whose name appears in the 115 application as the first lienholder if there are liens shown in 116 the application or thereafter filed. A duplicate certificate or 117 corrected certificate may shall only show such lien or liens as 118 were shown in the application and subsequently filed liens that 119 may be outstanding. 120 Section 2.Present subsection (4) of section 319.29, 121 Florida Statutes, is redesignated as subsection (5), and a new 122 subsection (4) is added to that section, to read: 123 319.29Lost or destroyed certificates. 124 (4)An application for a duplicate copy of a certificate of 125 title may be fulfilled by the tax collector acting as an 126 authorized agent of the department. Upon the applicants 127 request, the duplicate copy may be issued by the tax collector 128 and provided to the applicant at the tax collectors office or 129 mailed by the tax collector to the applicants address. 130 Section 3.Subsection (1) of section 320.031, Florida 131 Statutes, is amended to read: 132 320.031Mailing or delivery of registration certificates, 133 license plates, and validation stickers. 134 (1)The department and the tax collectors of the several 135 counties of the state, as agents of the department, may at the 136 request of the applicant deliver in person or use United States 137 mail service to deliver registration certificates and renewals 138 thereof, duplicate registration certificates, license plates, 139 mobile home stickers, and validation stickers to applicants. 140 Section 4.Paragraph (d) of subsection (1) of section 141 320.0848, Florida Statutes, is amended to read: 142 320.0848Persons who have disabilities; issuance of 143 disabled parking permits; temporary permits; permits for certain 144 providers of transportation services to persons who have 145 disabilities. 146 (1) 147 (d)The department shall renew the disabled parking permit 148 of a any person certified as permanently disabled on the 149 previous application for a subsequent 4-year period without 150 requiring the person to provide another certificate of 151 disability or United States Department of Veterans Affairs Form 152 Letter 27-333, or its equivalent, as applicable. After such 4 153 year period, the department shall renew the disabled parking 154 permit if the person provides a certificate of disability issued 155 within the last 12 months pursuant to this subsection. A veteran 156 who has been previously evaluated and certified by the United 157 States Department of Veterans Affairs or any branch of the 158 United States Armed Forces as permanently and totally disabled 159 from a service-connected disability may provide a United States 160 Department of Veterans Affairs Form Letter 27-333, or its 161 equivalent, issued within the last 12 months in lieu of a 162 certificate of disability. 163 Section 5.Subsections (1) and (5) of section 322.02, 164 Florida Statutes, are amended to read: 165 322.02Legislative intent; administration. 166 (1)The Legislature finds that over the past several years 167 the department and individual county tax collectors have entered 168 into contracts for the delivery of full and limited driver 169 license services where such contractual relationships best 170 served the public interest through state administration and 171 enforcement and local government implementation. It is the 172 intent of the Legislature that the complete transition of all 173 driver license issuance services to tax collectors who are 174 constitutional officers under s. 1(d), Art. VIII of the State 175 Constitution be completed no later than June 30, 2027 2015. The 176 transition of services to appointed charter county tax 177 collectors may occur on a limited basis as directed by the 178 department. 179 (5)The tax collector in and for his or her county is may 180 be designated the exclusive agent of the department to implement 181 and administer the provisions of this chapter as provided by s. 182 322.135. 183 Section 6.Subsections (3) and (4) of section 322.12, 184 Florida Statutes, are amended to read: 185 322.12Examination of applicants. 186 (3)(a)For an applicant for a Class E driver license, such 187 examination must shall include all of the following: 188 1.(a)A test of the applicants eyesight given by the 189 driver license examiner designated by the department or by a 190 licensed ophthalmologist, optometrist, or physician. 191 2.(b)A test of the applicants hearing given by a driver 192 license examiner or a licensed physician. 193 3.(c)A test of the applicants ability to read and 194 understand highway signs regulating, warning, and directing 195 traffic; his or her knowledge of the traffic laws of this state, 196 including laws regulating driving under the influence of alcohol 197 or controlled substances, driving with an unlawful blood-alcohol 198 level, and driving while intoxicated; and his or her knowledge 199 of the effects of alcohol and controlled substances upon persons 200 and the dangers of driving a motor vehicle while under the 201 influence of alcohol or controlled substances. At least 25 202 questions within the bank of test questions must address bicycle 203 and pedestrian safety. 204 4.(d)An actual demonstration of ability to exercise 205 ordinary and reasonable control in the operation of a motor 206 vehicle. 207 (b)An applicant who is found to have cheated during, or to 208 have otherwise circumvented, any portion of the examination must 209 retake the examination. 210 (4)(a)The examination for an applicant for a commercial 211 driver license must shall include all of the following: 212 1.A test of the applicants eyesight given by a driver 213 license examiner designated by the department or by a licensed 214 ophthalmologist, optometrist, or physician. and 215 2.A test of the applicants hearing given by a driver 216 license examiner or a licensed physician. 217 3.The examination shall also include A test of the 218 applicants ability to read and understand highway signs 219 regulating, warning, and directing traffic; his or her knowledge 220 of the traffic laws of this state pertaining to the class of 221 motor vehicle which he or she is applying to be licensed to 222 operate, including laws regulating driving under the influence 223 of alcohol or controlled substances, driving with an unlawful 224 blood-alcohol level, and driving while intoxicated; his or her 225 knowledge of the effects of alcohol and controlled substances 226 and the dangers of driving a motor vehicle after having consumed 227 alcohol or controlled substances; and his or her knowledge of 228 any special skills, requirements, or precautions necessary for 229 the safe operation of the class of vehicle which he or she is 230 applying to be licensed to operate. 231 4.In addition, the examination shall include An actual 232 demonstration of the applicants ability to exercise ordinary 233 and reasonable control in the safe operation of a motor vehicle 234 or combination of vehicles of the type covered by the license 235 classification which the applicant is seeking, including an 236 examination of the applicants ability to perform an inspection 237 of his or her vehicle. 238 (b)(a)The portion of the examination required under 239 subparagraph (a)4. which tests an applicants safe driving 240 ability shall be administered by the department or by an entity 241 authorized by the department to administer such examination, 242 pursuant to s. 322.56. Such examination shall be administered at 243 a location approved by the department. 244 (c)(b)A person who seeks to retain a hazardous-materials 245 endorsement must, upon renewal, pass the test for such 246 endorsement as specified in s. 322.57(1)(e), if the person has 247 not taken and passed the hazardous-materials test within 2 years 248 preceding his or her application for a commercial driver license 249 in this state. 250 (d)An applicant who is found to have cheated during, or to 251 have otherwise circumvented, any portion of the examination must 252 retake the examination. 253 Section 7.Paragraph (a) of subsection (1) of section 254 322.135, Florida Statutes, is amended, and paragraph (d) is 255 added to that subsection, to read: 256 322.135Driver license agents. 257 (1)The department shall, upon application, authorize by 258 interagency agreement any or all of the tax collectors who are 259 constitutional officers under s. 1(d), Art. VIII of the State 260 Constitution in the several counties of the state, subject to 261 the requirements of law, in accordance with rules of the 262 department, to serve as its agent for the provision of specified 263 driver license services. 264 (a)These services shall be limited to the issuance of 265 driver licenses and identification cards as authorized by this 266 chapter, transactions for which may be processed by the tax 267 collector using the departments online license and registration 268 portal. 269 (d)A tax collector may offer a licensee or prospective 270 licensee the option to increase the amount of his or her 271 transaction to the next whole dollar amount in order to donate 272 the amount of the increase to a charity registered with the 273 Department of Agriculture and Consumer Services. 274 Section 8.Subsection (4) of section 322.251, Florida 275 Statutes, is amended to read: 276 322.251Notice of cancellation, suspension, revocation, or 277 disqualification of license. 278 (4)A person whose privilege to operate a commercial motor 279 vehicle is temporarily disqualified may, upon surrendering his 280 or her commercial driver license, be issued a Class E driver 281 license, valid for the length of his or her unexpired commercial 282 driver license, if eligible, at no cost. Such person may, upon 283 the completion of his or her disqualification, be issued a 284 commercial driver license, of the type disqualified, for the 285 remainder of his or her unexpired license period. Any such 286 person must shall pay the reinstatement fee provided in s. 287 322.21 before being issued a commercial driver license. 288 Section 9.Paragraph (b) of subsection (1) of section 289 322.271, Florida Statutes, is amended to read: 290 322.271Authority to modify revocation, cancellation, or 291 suspension order. 292 (1) 293 (b)A person whose driving privilege has been revoked under 294 s. 322.27(5) may, upon expiration of 12 months from the date of 295 such revocation, petition the department for reinstatement of 296 his or her driving privilege. Upon such petition and after 297 investigation of the persons qualification, fitness, and need 298 to drive, the department shall hold a hearing pursuant to 299 chapter 120 to determine whether the driving privilege shall be 300 reinstated on a restricted basis solely for business or 301 employment purposes. If such person is granted a limited driving 302 privilege and subsequently violates the conditions of the 303 restricted driving privilege, the restricted driving privilege 304 must be revoked and the person is not eligible for any driving 305 privilege for the remaining duration of the 5-year period after 306 his or her initial license revocation. 307 Section 10.Section 322.66, Florida Statutes, is amended to 308 read: 309 322.66Vehicles permitted to be driven during driving 310 skills tests.A person who does not possess a valid driver 311 license may drive a noncommercial or commercial motor vehicle 312 during a driving skills test conducted in accordance with s. 313 322.12(3) and (4)(b) s. 322.12(3) and (4)(a), if the person has 314 passed the vision, hearing, road rules, and road signs tests 315 ordinarily administered to applicants for a Class E license, 316 and, if required, has passed the commercial driver license 317 knowledge and appropriate endorsement tests. 318 Section 11.This act shall take effect July 1, 2026.