```
Florida Senate - 2025 CS for CS for SB 1348 By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Transportation; and Senator Trumbull 606-03583-25 20251348c2 1 A bill to be entitled 2 An act relating to the Department of Highway Safety 3 and Motor Vehicles; amending s. 316.305, F.S.; 4 revising penalties for the use of a wireless 5 communications device while operating a motor vehicle; 6 authorizing certain persons to participate in a 7 distracted driving safety program approved by the 8 department; authorizing the waiver of certain 9 penalties and associated costs, and requiring the 10 waiver of the assessment of points, upon completion of 11 such program; amending s. 316.306, F.S.; authorizing a 12 person to participate in a distracted driving safety 13 program, upon completion of which certain penalties 14 and associated costs may, and the assessment of points 15 must, be waived for certain offenses; creating s. 16 316.88, F.S.; prohibiting a person from selling or 17 offering to sell certain service appointments without 18 the written authorization of the department or a tax 19 collector; providing criminal penalties; amending s. 20 318.1451, F.S.; requiring the department to create a 21 specified driver improvement course related to 22 distracted driving which driver improvement schools 23 shall offer to certain persons; requiring that all 24 basic driver improvement courses include certain 25 content relating to distracted driving; amending s. 26 319.24, F.S.; authorizing tax collectors to deliver by 27 mail or make available at the tax collectors office 28 certificates of title; amending s. 319.29, F.S.; 29 providing that certain applications may be fulfilled 30 by the tax collector acting as an authorized agent of 31 the department; amending s. 320.031, F.S.; authorizing 32 the department and tax collectors, as agents of the 33 department, to deliver certain documents, including 34 duplicate registration certificates, in person or by 35 mail; amending s. 320.084, F.S.; providing for 36 disabled veteran motor vehicle license plates in lieu 37 of DV motor vehicle license plates; amending s. 38 320.0848, F.S.; requiring the department to renew 39 certain disabled parking permits for a specified 40 period without requiring certain documentation; 41 conforming a provision to changes made by the act; 42 amending s. 322.02, F.S.; revising the year by which 43 the Legislature intends that the transition of certain 44 services to certain tax collectors be completed; 45 deleting a provision authorizing such transition of 46 services to appointed charter county tax collectors on 47 a limited basis; providing that the tax collector is, 48 rather than may be, designated the exclusive agent of 49 the department for a specified purpose; amending s. 50 322.12, F.S.; requiring certain driver license 51 applicants to retake certain examinations; amending s. 52 322.135, F.S.; authorizing a tax collector to process 53 certain transactions using the departments online 54 license and registration portal; authorizing a tax 55 collector to offer to a licensee or prospective 56 licensee a certain donation option; amending s. 57 322.251, F.S.; authorizing the issuance of a Class E 58 driver license to certain persons, if eligible; 59 amending s. 322.271, F.S.; requiring the revocation of 60 a restricted driving privilege for a specified period 61 in certain circumstances; amending s. 322.66, F.S.; 62 conforming a cross-reference; providing an effective 63 date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1.Subsection (4) of section 316.305, Florida 68 Statutes, is amended to read: 69 316.305Wireless communications devices; prohibition. 70 (4)(a)A Any person who violates paragraph (3)(a) commits a 71 noncriminal traffic infraction, punishable as a moving nonmoving 72 violation as provided in chapter 318, and shall have 3 points 73 assessed against his or her driver license as set forth in s. 74 322.27(3)(d)8. 75 (b)A Any person who commits a second or subsequent 76 violation of paragraph (3)(a) within 5 years after the date of a 77 prior conviction for a violation of paragraph (3)(a) commits a 78 noncriminal traffic infraction, punishable as a moving violation 79 as provided in chapter 318, and shall have 4 points assessed 80 against his or her driver license for the purposes of s. 322.27. 81 (c)In lieu of the penalty specified in s. 318.18 and the 82 assessment of points, a person who violates paragraph (3)(a) may 83 elect to participate in a distracted driving safety program 84 approved by the department. Upon the persons completion of such 85 program, the penalty specified in s. 318.18 and associated costs 86 may be waived by the clerk of the court and the assessment of 87 points must be waived. 88 Section 2.Subsection (4) of section 316.306, Florida 89 Statutes, is amended to read: 90 316.306School and work zones; prohibition on the use of a 91 wireless communications device in a handheld manner. 92 (4)(a)A Any person who violates this section commits a 93 noncriminal traffic infraction, punishable as a moving 94 violation, as provided in chapter 318, and shall have 3 points 95 assessed against his or her driver license as set forth in s. 96 322.27(3)(d)8. For a first offense under this section, In lieu 97 of the penalty specified in s. 318.18 and the assessment of 98 points, a person who violates this section may elect to 99 participate in a distracted wireless communications device 100 driving safety program approved by the Department of Highway 101 Safety and Motor Vehicles. Upon the persons completion of such 102 program, the penalty specified in s. 318.18 and associated costs 103 may be waived by the clerk of the court and the assessment of 104 points must be waived. 105 (b)The clerk of the court may dismiss a case and assess 106 court costs in accordance with s. 318.18(12)(a) for a nonmoving 107 traffic infraction for a person who is cited for a first time 108 violation of this section if the person shows the clerk proof of 109 purchase of equipment that enables his or her personal wireless 110 communications device to be used in a hands-free manner. 111 Section 3.Section 316.88, Florida Statutes, is created to 112 read: 113 316.88Sale of appointments prohibited.Unless authorized 114 in writing by the department or a tax collector acting as an 115 authorized agent of the department, a person may not sell or 116 offer to sell a service appointment with a department office or 117 with the office of a tax collector acting as an authorized agent 118 of the department, respectively, for any service authorized by 119 chapter 319, chapter 320, chapter 322, or chapter 328. A person 120 who violates this section commits a misdemeanor of the first 121 degree, punishable as provided in s. 775.082 or s. 775.083. 122 Section 4.Subsection (1) and paragraph (d) of subsection 123 (6) of section 318.1451, Florida Statutes, are amended to read: 124 318.1451Driver improvement schools. 125 (1)(a)The department shall approve and regulate the 126 courses of all driver improvement schools, as the courses relate 127 to ss. 318.14(9), 322.0261, and 322.291, including courses that 128 use technology as a delivery method. 129 (b)The department shall create a 4-hour basic driver 130 improvement course specifically related to distracted driving 131 which must include, but need not be limited to, testimonials 132 from people whose lives have been affected by death or injury 133 caused by distracted driving and which driver improvement 134 schools shall offer to persons electing to participate in a 135 distracted driving safety program pursuant to s. 316.305(4)(c) 136 or s. 316.306(4)(a). 137 (6)The department shall adopt rules establishing and 138 maintaining policies and procedures to implement the 139 requirements of this section. These policies and procedures may 140 include, but shall not be limited to, the following: 141 (d)Course content.The department shall set and modify 142 course content requirements to keep current with laws and safety 143 information. The department shall annually review changes made 144 to major traffic laws of this state, including s. 316.126(1)(b), 145 and shall require course content for courses referenced in this 146 section to be modified in accordance with changes relevant to 147 the courses. Course content includes all items used in the 148 conduct of the course. All basic driver improvement courses must 149 include at least 1 hour dedicated to distracted driving which 150 must include, but need not be limited to, testimonials from 151 people whose lives have been affected by death or injury caused 152 by distracted driving. 153 Section 5.Subsection (2) of section 319.24, Florida 154 Statutes, is amended to read: 155 319.24Issuance in duplicate; delivery; liens and 156 encumbrances. 157 (2)A duly authorized person shall sign the original 158 certificate of title and each corrected certificate and, if 159 there are no liens or encumbrances on the motor vehicle or 160 mobile home, as shown in the records of the department or as 161 shown in the application, must shall deliver the certificate to 162 the applicant or to another person as directed by the applicant 163 or person, agent, or attorney submitting such application. Tax 164 collectors, as authorized agents of the department, may deliver 165 original certificates of title and corrected certificates by 166 mail or make such certificates available to applicants at tax 167 collectors offices. The motor vehicle dealer license number 168 must be submitted to the department when a dealer applies for or 169 receives a duplicate title. The current odometer reading must be 170 submitted on an application for a duplicate title. If there are 171 one or more liens or encumbrances on the motor vehicle or mobile 172 home, the certificate must shall be delivered by the department 173 to the first lienholder as shown by department records or to the 174 owner as indicated in the notice of lien filed by the first 175 lienholder pursuant to s. 319.27. If the notice of lien filed by 176 the first lienholder indicates that the certificate should be 177 delivered to the first lienholder, the department must shall 178 deliver to the first lienholder, along with the certificate, a 179 form to be subsequently used by the lienholder as a 180 satisfaction. If the notice of lien filed by the first 181 lienholder directs the certificate of title to be delivered to 182 the owner, then, upon delivery of the certificate of title by 183 the department to the owner, the department must shall deliver 184 to the first lienholder confirmation of the receipt of the 185 notice of lien and the date the certificate of title was issued 186 to the owner at the owners address shown on the notice of lien 187 and a form to be subsequently used by the lienholder as a 188 satisfaction. If the application for certificate shows the name 189 of a first lienholder different from the name of the first 190 lienholder as shown by the records of the department or if the 191 application does not show the name of a judgment lienholder as 192 shown by the records of the department, the certificate may 193 shall not be issued to any person until after all parties who 194 appear to hold a lien and the applicant for the certificate have 195 been notified of the conflict in writing by the department by 196 certified mail. If the parties do not amicably resolve the 197 conflict within 10 days from the date such notice was mailed, 198 then the department must shall serve notice in writing by 199 certified mail on all persons appearing to hold liens on that 200 particular vehicle, including the applicant for the certificate, 201 to show cause within 15 days from the date the notice is mailed 202 why it should not issue and deliver the certificate to the 203 person indicated in the notice of lien filed by the lienholder 204 whose name appears in the application as the first lienholder 205 without showing any lien or liens as outstanding other than 206 those appearing in the application or those which may have been 207 filed subsequent to the filing of the application for the 208 certificate. If, within the 15-day period, any person other than 209 the lienholder shown in the application or a party filing a 210 subsequent lien, in answer to such notice to show cause, appears 211 in person or by a representative, or responds in writing, and 212 files a written statement under oath that his or her lien on 213 that particular vehicle is still outstanding, the department may 214 shall not issue the certificate to anyone until after such 215 conflict has been settled by the lien claimants involved or by a 216 court of competent jurisdiction. If the conflict is not settled 217 amicably within 10 days of the final date for filing an answer 218 to the notice to show cause, the complaining party must shall 219 have 10 days to obtain a ruling, or a stay order, from a court 220 of competent jurisdiction; if no ruling or stay order is issued 221 and served on the department within the 10-day period, it must 222 shall issue the certificate showing no liens except those shown 223 in the application or thereafter filed to the original applicant 224 if there are no liens shown in the application and none are 225 thereafter filed, or to the person indicated in the notice of 226 lien filed by the lienholder whose name appears in the 227 application as the first lienholder if there are liens shown in 228 the application or thereafter filed. A duplicate certificate or 229 corrected certificate may shall only show such lien or liens as 230 were shown in the application and subsequently filed liens that 231 may be outstanding. 232 Section 6.Present subsection (4) of section 319.29, 233 Florida Statutes, is redesignated as subsection (5), and a new 234 subsection (4) is added to that section, to read: 235 319.29Lost or destroyed certificates. 236 (4)An application for a duplicate copy of a certificate of 237 title may be fulfilled by the tax collector acting as an 238 authorized agent of the department. Upon the applicants 239 request, the duplicate copy may be issued by the tax collector 240 and provided to the applicant at the tax collectors office or 241 mailed by the tax collector to the applicants address. 242 Section 7.Subsection (1) of section 320.031, Florida 243 Statutes, is amended to read: 244 320.031Mailing or delivery of registration certificates, 245 license plates, and validation stickers. 246 (1)The department and the tax collectors of the several 247 counties of the state, as agents of the department, may at the 248 request of the applicant deliver in person or use United States 249 mail service to deliver registration certificates and renewals 250 thereof, duplicate registration certificates, license plates, 251 mobile home stickers, and validation stickers to applicants. 252 Section 8.Subsections (1) and (3), paragraphs (a) and (c) 253 of subsection (4), and subsection (6) of section 320.084, 254 Florida Statutes, are amended to read: 255 320.084Free motor vehicle license plate to certain 256 disabled veterans. 257 (1)One free disabled veteran DV motor vehicle license 258 number plate shall be issued by the department for use on any 259 motor vehicle owned or leased by any disabled veteran who has 260 been a resident of this state continuously for the preceding 5 261 years or has established a domicile in this state as provided by 262 s. 222.17(1), (2), or (3), and who has been honorably discharged 263 from the United States Armed Forces, upon application, 264 accompanied by proof that: 265 (a)A vehicle was initially acquired through financial 266 assistance by the United States Department of Veterans Affairs 267 or its predecessor specifically for the purchase of an 268 automobile; 269 (b)The applicant has been determined by the United States 270 Department of Veterans Affairs or its predecessor to have a 271 service-connected 100-percent disability rating for 272 compensation; or 273 (c)The applicant has been determined to have a service 274 connected disability rating of 100 percent and is in receipt of 275 disability retirement pay from any branch of the United States 276 Armed Services. 277 (3)The department shall, as it deems necessary, require 278 each person to whom a motor vehicle license plate has been 279 issued pursuant to subsection (1) to apply to the department for 280 reissuance of his or her registration license plate. Upon 281 receipt of the application and proof of the applicants 282 continued eligibility, the department shall issue a new 283 permanent disabled veteran DV numerical motor vehicle license 284 plate which shall be of the colors red, white, and blue similar 285 to the colors of the United States flag. The operation of a 286 motor vehicle displaying a disabled veteran DV license plate 287 from a previous issue period or a noncurrent validation sticker 288 after the date specified by the department shall subject the 289 owner if he or she is present, otherwise the operator, to the 290 penalty provided in s. 318.18(2). Such permanent license plate 291 shall be removed upon sale of the vehicle, but may be 292 transferred to another vehicle owned by such veteran in the 293 manner prescribed by law. The license number of each plate 294 issued under this section shall be identified by the letter 295 designation DV. Upon request of any such veteran, the 296 department is authorized to issue a designation plate containing 297 only the letters DV, to be displayed on the front of the 298 vehicle. 299 (4)(a)With the issuance of each new permanent disabled 300 veteran DV numerical motor vehicle license plate, the 301 department shall initially issue, without cost to the applicant, 302 a validation sticker reflecting the owners birth month and a 303 serially numbered validation sticker reflecting the year of 304 expiration. The initial sticker reflecting the year of 305 expiration may not exceed 27 months. 306 (c)Registration under this section shall be renewed 307 annually or biennially during the applicable renewal period on 308 forms prescribed by the department, which shall include, in 309 addition to any other information required by the department, a 310 certified statement as to the continued eligibility of the 311 applicant to receive the disabled veteran special DV license 312 plate. Any applicant who falsely or fraudulently submits to the 313 department the certified statement required by this paragraph is 314 guilty of a noncriminal violation and is subject to a civil 315 penalty of $50. 316 (6)(a)A disabled veteran who meets the requirements of 317 subsection (1) may be issued, in lieu of the disabled veteran 318 DV license plate, a military license plate for which he or she 319 is eligible or a specialty license plate embossed with the 320 initials DV in the top left-hand corner. A disabled veteran 321 electing a military license plate or specialty license plate 322 under this subsection must pay all applicable fees related to 323 such license plate, except for fees otherwise waived under 324 subsections (1) and (4). 325 (b)A military license plate or specialty license plate 326 elected under this subsection: 327 1.Does not provide the protections or rights afforded by 328 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 329 2.is not eligible for the international symbol of 330 accessibility as described in s. 320.0842. 331 Section 9.Paragraph (d) of subsection (1) and paragraph 332 (e) of subsection (2) of section 320.0848, Florida Statutes, are 333 amended to read: 334 320.0848Persons who have disabilities; issuance of 335 disabled parking permits; temporary permits; permits for certain 336 providers of transportation services to persons who have 337 disabilities. 338 (1) 339 (d)The department shall renew the disabled parking permit 340 of a any person certified as permanently disabled on the 341 previous application for a subsequent 4-year period without 342 requiring the person to provide another certificate of 343 disability or United States Department of Veterans Affairs Form 344 Letter 27-333, or its equivalent, as applicable. After such 4 345 year period, the department shall renew the disabled parking 346 permit if the person provides a certificate of disability issued 347 within the last 12 months pursuant to this subsection. A veteran 348 who has been previously evaluated and certified by the United 349 States Department of Veterans Affairs or any branch of the 350 United States Armed Forces as permanently and totally disabled 351 from a service-connected disability may provide a United States 352 Department of Veterans Affairs Form Letter 27-333, or its 353 equivalent, issued within the last 12 months in lieu of a 354 certificate of disability. 355 (2)DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM 356 MOBILITY PROBLEMS. 357 (e)A person who qualifies for a disabled parking permit 358 under this section may be issued an international wheelchair 359 user symbol license plate under s. 320.0843 in lieu of the 360 disabled parking permit; or, if the person qualifies for a 361 disabled veteran DV license plate under s. 320.084, such a 362 license plate may be issued to him or her in lieu of a disabled 363 parking permit. 364 Section 10.Subsections (1) and (5) of section 322.02, 365 Florida Statutes, are amended to read: 366 322.02Legislative intent; administration. 367 (1)The Legislature finds that over the past several years 368 the department and individual county tax collectors have entered 369 into contracts for the delivery of full and limited driver 370 license services where such contractual relationships best 371 served the public interest through state administration and 372 enforcement and local government implementation. It is the 373 intent of the Legislature that the complete transition of all 374 driver license issuance services to tax collectors who are 375 constitutional officers under s. 1(d), Art. VIII of the State 376 Constitution be completed no later than June 30, 2027 2015. The 377 transition of services to appointed charter county tax 378 collectors may occur on a limited basis as directed by the 379 department. 380 (5)The tax collector in and for his or her county is may 381 be designated the exclusive agent of the department to implement 382 and administer the provisions of this chapter as provided by s. 383 322.135. 384 Section 11.Subsections (3) and (4) of section 322.12, 385 Florida Statutes, are amended to read: 386 322.12Examination of applicants. 387 (3)(a)For an applicant for a Class E driver license, such 388 examination must shall include all of the following: 389 1.(a)A test of the applicants eyesight given by the 390 driver license examiner designated by the department or by a 391 licensed ophthalmologist, optometrist, or physician. 392 2.(b)A test of the applicants hearing given by a driver 393 license examiner or a licensed physician. 394 3.(c)A test of the applicants ability to read and 395 understand highway signs regulating, warning, and directing 396 traffic; his or her knowledge of the traffic laws of this state, 397 including laws regulating driving under the influence of alcohol 398 or controlled substances, driving with an unlawful blood-alcohol 399 level, and driving while intoxicated; and his or her knowledge 400 of the effects of alcohol and controlled substances upon persons 401 and the dangers of driving a motor vehicle while under the 402 influence of alcohol or controlled substances. At least 25 403 questions within the bank of test questions must address bicycle 404 and pedestrian safety. 405 4.(d)An actual demonstration of ability to exercise 406 ordinary and reasonable control in the operation of a motor 407 vehicle. 408 (b)An applicant who is found to have cheated during, or to 409 have otherwise circumvented, any portion of the examination must 410 retake the examination. 411 (4)(a)The examination for an applicant for a commercial 412 driver license must shall include all of the following: 413 1.A test of the applicants eyesight given by a driver 414 license examiner designated by the department or by a licensed 415 ophthalmologist, optometrist, or physician. and 416 2.A test of the applicants hearing given by a driver 417 license examiner or a licensed physician. 418 3.The examination shall also include A test of the 419 applicants ability to read and understand highway signs 420 regulating, warning, and directing traffic; his or her knowledge 421 of the traffic laws of this state pertaining to the class of 422 motor vehicle which he or she is applying to be licensed to 423 operate, including laws regulating driving under the influence 424 of alcohol or controlled substances, driving with an unlawful 425 blood-alcohol level, and driving while intoxicated; his or her 426 knowledge of the effects of alcohol and controlled substances 427 and the dangers of driving a motor vehicle after having consumed 428 alcohol or controlled substances; and his or her knowledge of 429 any special skills, requirements, or precautions necessary for 430 the safe operation of the class of vehicle which he or she is 431 applying to be licensed to operate. 432 4.In addition, the examination shall include An actual 433 demonstration of the applicants ability to exercise ordinary 434 and reasonable control in the safe operation of a motor vehicle 435 or combination of vehicles of the type covered by the license 436 classification which the applicant is seeking, including an 437 examination of the applicants ability to perform an inspection 438 of his or her vehicle. 439 (b)(a)The portion of the examination required under 440 subparagraph (a)4. which tests an applicants safe driving 441 ability shall be administered by the department or by an entity 442 authorized by the department to administer such examination, 443 pursuant to s. 322.56. Such examination shall be administered at 444 a location approved by the department. 445 (c)(b)A person who seeks to retain a hazardous-materials 446 endorsement must, upon renewal, pass the test for such 447 endorsement as specified in s. 322.57(1)(e), if the person has 448 not taken and passed the hazardous-materials test within 2 years 449 preceding his or her application for a commercial driver license 450 in this state. 451 (d)An applicant who is found to have cheated during, or to 452 have otherwise circumvented, any portion of the examination must 453 retake the examination. 454 Section 12.Paragraph (a) of subsection (1) of section 455 322.135, Florida Statutes, is amended, and paragraph (d) is 456 added to that subsection, to read: 457 322.135Driver license agents. 458 (1)The department shall, upon application, authorize by 459 interagency agreement any or all of the tax collectors who are 460 constitutional officers under s. 1(d), Art. VIII of the State 461 Constitution in the several counties of the state, subject to 462 the requirements of law, in accordance with rules of the 463 department, to serve as its agent for the provision of specified 464 driver license services. 465 (a)These services shall be limited to the issuance of 466 driver licenses and identification cards as authorized by this 467 chapter, transactions for which may be processed by the tax 468 collector using the departments online license and registration 469 portal. 470 (d)A tax collector may offer a licensee or prospective 471 licensee the option to increase the amount of his or her 472 transaction to the next whole dollar amount in order to donate 473 the amount of the increase to a charity registered with the 474 Department of Agriculture and Consumer Services. 475 Section 13.Subsection (4) of section 322.251, Florida 476 Statutes, is amended to read: 477 322.251Notice of cancellation, suspension, revocation, or 478 disqualification of license. 479 (4)A person whose privilege to operate a commercial motor 480 vehicle is temporarily disqualified may, upon surrendering his 481 or her commercial driver license, be issued a Class E driver 482 license, valid for the length of his or her unexpired commercial 483 driver license, if eligible, at no cost. Such person may, upon 484 the completion of his or her disqualification, be issued a 485 commercial driver license, of the type disqualified, for the 486 remainder of his or her unexpired license period. Any such 487 person must shall pay the reinstatement fee provided in s. 488 322.21 before being issued a commercial driver license. 489 Section 14.Paragraph (b) of subsection (1) of section 490 322.271, Florida Statutes, is amended to read: 491 322.271Authority to modify revocation, cancellation, or 492 suspension order. 493 (1) 494 (b)A person whose driving privilege has been revoked under 495 s. 322.27(5) may, upon expiration of 12 months from the date of 496 such revocation, petition the department for reinstatement of 497 his or her driving privilege. Upon such petition and after 498 investigation of the persons qualification, fitness, and need 499 to drive, the department shall hold a hearing pursuant to 500 chapter 120 to determine whether the driving privilege shall be 501 reinstated on a restricted basis solely for business or 502 employment purposes. If such person is granted a limited driving 503 privilege and subsequently violates the conditions of the 504 restricted driving privilege, the restricted driving privilege 505 must be revoked and the person is not eligible for any driving 506 privilege for the remaining duration of the 5-year period after 507 his or her initial license revocation. 508 Section 15.Section 322.66, Florida Statutes, is amended to 509 read: 510 322.66Vehicles permitted to be driven during driving 511 skills tests.A person who does not possess a valid driver 512 license may drive a noncommercial or commercial motor vehicle 513 during a driving skills test conducted in accordance with s. 514 322.12(3) and (4)(b) s. 322.12(3) and (4)(a), if the person has 515 passed the vision, hearing, road rules, and road signs tests 516 ordinarily administered to applicants for a Class E license, 517 and, if required, has passed the commercial driver license 518 knowledge and appropriate endorsement tests. 519 Section 16.This act shall take effect July 1, 2026.
```