SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Lee moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 322.02, Florida Statutes, is
18 amended to read:
19 322.02 Legislative intent; administration.--
20 (1) The Legislature finds that over the past several
21 years the department and individual county tax collectors have
22 entered into contracts for the delivery of full and limited
23 driver license services where such contractual relationships
24 best served the public interest through state administration
25 and enforcement and local government implementation. It is
26 the intent of the Legislature that future interests and
27 processes for developing and expanding the department's
28 relationship with tax collectors through contractual
29 relationships for the delivery of driver license services be
30 achieved through the provisions of this chapter, thereby
31 serving best the public interest considering accountability,
1
9:59 AM 05/03/01 s1276.tr23.1a
SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
1 cost-effectiveness, efficiency, responsiveness, and
2 high-quality service to the drivers in Florida.
3 (2)(1) The Department of Highway Safety and Motor
4 Vehicles is charged with the administration and function of
5 enforcement of the provisions of this chapter.
6 (3)(2) The department shall employ a director, who is
7 charged with the duty of serving as the executive officer of
8 the Division of Driver Licenses of the department insofar as
9 the administration of this chapter is concerned. He or she
10 shall be subject to the supervision and direction of the
11 department, and his or her official actions and decisions as
12 executive officer shall be conclusive unless the same are
13 superseded or reversed by the department or by a court of
14 competent jurisdiction.
15 (4)(3) The department shall have the authority to
16 enter into reciprocal driver's license agreements with other
17 jurisdictions within the United States and its territories and
18 possessions and with foreign countries or political entities
19 equivalent to Florida state government within a foreign
20 country.
21 (5) The tax collector in and for his or her county may
22 be designated the exclusive agent of the department to
23 implement and administer the provisions of this chapter as
24 provided by s. 322.135(5).
25 (6)(4) The department shall make and adopt rules and
26 regulations for the orderly administration of this chapter.
27 Section 2. Subsections (5), (6), (7), and (8) are
28 added to section 322.135, Florida Statutes, to read:
29 322.135 Driver's license agents.--
30 (5) The county tax collector at his or her option may
31 apply to the department for approval by the executive director
2
9:59 AM 05/03/01 s1276.tr23.1a
SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
1 to be the exclusive agent of the department for his or her
2 county to administer driver license services as provided and
3 authorized in this chapter.
4 (a) The application by the county tax collector shall
5 be in writing to the executive director of the department. The
6 application must be submitted by September 1 to be effective
7 for the state's subsequent fiscal year beginning July 1.
8 (b) The department shall provide a form for such
9 application, which shall include the following information
10 unless this information has been included in the report
11 submitted by the Cost Determination and Allocation Task Force:
12 1. Locations within the county where offices and
13 branch offices for driver license services are proposed.
14 2. The designation by the tax collector of the driver
15 license functions to be performed by the tax collector in the
16 county.
17 3. Any anticipated capital acquisition or construction
18 costs.
19 4. A projection of equipment available or to be
20 provided by the department.
21 5. All anticipated operating costs, including
22 facilities, equipment, and personnel to administer driver
23 license services.
24 (c) The department shall review applications on or
25 before September 1 of each year. The department shall compare
26 the costs included in the information submitted in the
27 application with the related costs incurred by the department
28 to accomplish the same level of services. The department
29 shall approve or deny an application within 60 calendar days
30 after the application is received unless the department and
31 the applicant agree mutually to a specific alternative date.
3
9:59 AM 05/03/01 s1276.tr23.1a
SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
1 (d) The department may provide technical assistance to
2 an applicant upon request.
3 (6) Administration of driver license services by a
4 county tax collector as the exclusive agent of the department
5 must be revenue neutral with no adverse state fiscal impact
6 and with no adverse unfunded mandate to the tax collector.
7 Toward this end, the Cost Determination and Allocation Task
8 Force is created, to be established by July 1, 2001. The task
9 force shall be composed of two representatives appointed by
10 the executive director of the department, two tax collectors
11 appointed by the president of The Florida Tax Collectors,
12 Inc., one from a small-population county and one from a
13 large-population county; one person appointed by the Speaker
14 of the House of Representatives; one person appointed by the
15 President of the Senate; and the Governor's appointee. If
16 requested by the task force, the Auditor General must provide
17 technical assistance. The purpose of the task force is to
18 recommend the allocation of cost between the Department of
19 Highway Safety and Motor Vehicles and tax collectors to
20 administer driver license services authorized in this chapter.
21 These recommendations must be submitted in a written report by
22 January 1, 2002. The task force shall dissolve on January 1,
23 2002. The written report shall be presented to the President
24 of the Senate, the Speaker of the House of Representatives,
25 and the Executive Office of the Governor, and shall contain
26 findings and determinations and related allocation
27 recommendations dealing with costs, both construction and
28 operating costs, of both the department and the applicable tax
29 collectors, appropriate allocations of costs between the
30 department and the tax collectors, and fee recommendations to
31 assure that the fees paid for these driver license services do
4
9:59 AM 05/03/01 s1276.tr23.1a
SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
1 not result in a loss of revenue to the state in excess of
2 costs incurred by the state.
3 (7) Upon approval by the department for a tax
4 collector to provide exclusive driver license services in a
5 county, the department and the applicable tax collector shall
6 develop a transition plan for the orderly transfer of service
7 responsibilities to the tax collector. This plan shall
8 include, but is not limited to:
9 (a) The specifics of any possible use of any
10 state-owned or leased facilities giving consideration to lease
11 expiration date, cancellation provisions, and possibilities
12 for sublease of such facilities.
13 (b) Consideration of staffing needs of the tax
14 collector, either the assumption by the collector or
15 departmental relocation of employees adversely affected.
16 (c) The execution of a standard agreement between the
17 department and the tax collector for providing driver license
18 services.
19 (8) The county tax collector, as the exclusive agent
20 of the Department of Highway Safety and Motor Vehicles, shall
21 be paid fees for driver license services.
22 Section 3. This act shall take effect upon becoming a
23 law.
24
25
26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
5
9:59 AM 05/03/01 s1276.tr23.1a
SENATE AMENDMENT
Bill No. CS for CS for SB 1276
Amendment No. ___ Barcode 690308
1 An act relating to driver licenses; amending s.
2 322.02, F.S.; providing legislative intent with
3 regard to the delivery of driver license
4 services; authorizing county tax collectors to
5 serve as exclusive agents of the Department of
6 Highway Safety and Motor Vehicles; amending s.
7 322.135, F.S.; providing an application process
8 for county tax collectors to serve as exclusive
9 agents; creating the Cost Determination and
10 Allocation Task Force; establishing the duties
11 and responsibilities of the task force;
12 providing for the development of transition
13 plans to transfer certain responsibilities to
14 tax collectors; providing an effective date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
9:59 AM 05/03/01 s1276.tr23.1a