Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1324
       
       
       
       
       
       
                                Ì384118-Î384118                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/21/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Harrell) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 154 and 155
    4  insert:
    5         Section 2. Subsection (1) of section 322.135, Florida
    6  Statutes, is amended to read:
    7         322.135 Driver license agents.—
    8         (1)(a) The department shall, upon application, authorize by
    9  interagency agreement any or all of the tax collectors who are
   10  constitutional officers under s. 1(d), Art. VIII of the State
   11  Constitution in the several counties of the state, subject to
   12  the requirements of law, in accordance with rules of the
   13  department, to serve as the department’s its agent for the
   14  provision of specified driver license services.
   15         (a) These services shall be limited to the issuance of
   16  driver licenses and identification cards as authorized by this
   17  chapter.
   18         (b)1. The Legislature finds that, while digital
   19  technologies enhance access to driver license services for most
   20  residents, there are underserved populations that remain best
   21  served in person by trained professionals, such as license plate
   22  agencies, within local communities.
   23         2. Effective October 1, 2021, the tax collectors of Broward
   24  and Miami-Dade Counties, at each tax collector’s discretion, may
   25  participate in a pilot project in which the tax collector
   26  contracts with one or more license plate agencies for the
   27  provision of all the following specified driver license
   28  services:
   29         a. Processing a licensee’s application and collecting the
   30  required fees for renewal of any driver license that is
   31  currently compliant with federal REAL ID Act requirements.
   32         b. Processing a licensee’s application for reinstatement of
   33  a suspended driver license and collecting the required fees
   34  therefor, if the only condition of reinstatement is payment of
   35  such fees.
   36         c. Processing a licensee’s or cardholder’s request to
   37  change his or her address and application for a replacement
   38  driver license or identification card, and collecting the
   39  required fees therefor, if the driver license or identification
   40  card is currently compliant with federal REAL ID Act
   41  requirements.
   42         3. A participating tax collector of Broward or Miami-Dade
   43  Counties who, at each tax collector’s discretion, participates
   44  in a pilot project through which the tax collector contracts
   45  with one or more license plate agencies for the provision of
   46  specified driver license services shall require each license
   47  plate agency with which he or she contracts to enter into a
   48  memorandum of understanding with the department pertaining to
   49  the specified driver license services and to cover the costs
   50  associated with any background checks and equipment and services
   51  needed to allow the license plate agency to provide driver
   52  license services.
   53         4.The department shall, upon application of each tax
   54  collector electing to participate in the pilot project,
   55  authorize the tax collector by interagency agreement, subject to
   56  the requirements of law and in accordance with department rule,
   57  to provide these services as the department’s agent through one
   58  or more license plate agencies.
   59         5. The department shall prescribe the best manner of
   60  delivering the data access and functionalities to license plate
   61  agencies for the purpose of providing specified driver license
   62  services to ensure compliance with 6 C.F.R. s. 37.
   63         6.A participating tax collector’s election to contract
   64  with a license plate agency under this paragraph does not
   65  require the tax collector to provide all driver license services
   66  authorized under paragraph (a).
   67         7. This paragraph does not authorize a license plate agency
   68  to issue driver licenses or identification cards or possess any
   69  blank driver licenses or identification cards.
   70         8. Before providing driver license services under this
   71  paragraph, all employees of a license plate agency who are
   72  engaged in the delivery of driver license services must be
   73  fingerprinted, undergo background checks, and are subject to
   74  disqualification from providing such services, to the extent
   75  required by 6 C.F.R. s. 37.45.
   76         9. Notwithstanding s. 97.057, information gathered under
   77  this paragraph for completion of a driver license or
   78  identification card renewal or change of address may not be
   79  transferred automatically to a voter registration application. A
   80  license plate agency providing services under this paragraph
   81  shall provide to each licensee or cardholder, in the format
   82  prescribed by the department, a printed notice with instructions
   83  on how to register to vote or update a voter registration
   84  record.
   85         10. If funds to be deposited into the State Treasury are
   86  collected under this paragraph by a license plate agency, the
   87  funds shall be paid into the State Treasury within the period
   88  specified in subsection (6) calculated from the date the funds
   89  are collected by the license plate agency.
   90         11. Each participating tax collector shall review
   91  implementation of the pilot project and the provision of the
   92  specified driver license services by license plate agencies in
   93  its county. The tax collector shall submit a preliminary report
   94  of its findings and recommendations to the department by October
   95  1, 2024, and the department shall return comments to the tax
   96  collector. By December 31, 2024, the tax collector shall submit
   97  a final report, together with the department’s comments, to the
   98  Governor and Cabinet, the President of the Senate, and the
   99  Speaker of the House of Representatives.
  100         12.This paragraph expires July 1, 2025.
  101         (c)(b) Each tax collector who is authorized by the
  102  department to provide driver license services shall bear all
  103  costs associated with providing those services.
  104         (d)(c) A service fee of $6.25 must be charged, in addition
  105  to the fees set forth in this chapter, for providing all
  106  services pursuant to this chapter. The service fee may not be
  107  charged:
  108         1. More than once per customer during a single visit to a
  109  tax collector’s office.
  110         2. For a reexamination requested by the Medical Advisory
  111  Board or required pursuant to s. 322.221.
  112         3. For a voter registration transaction.
  113         4. In violation of any federal or state law.
  114         5. To a veteran receiving any service pursuant to this
  115  chapter, upon presentation of a copy of the veteran’s:
  116         a. DD Form 214, issued by the United States Department of
  117  Defense;
  118         b. Veteran health identification card, issued by the United
  119  States Department of Veterans Affairs;
  120         c. Veteran identification card, issued by the United States
  121  Department of Veterans Affairs pursuant to the Veterans
  122  Identification Card Act of 2015, Pub. L. No. 114-31; or
  123         d. Other acceptable form specified by the Department of
  124  Veterans’ Affairs.
  125         Section 3. Paragraph (c) of subsection (11) of section
  126  322.20, Florida Statutes, is amended to read:
  127         322.20 Records of the department; fees; destruction of
  128  records.—
  129         (11)
  130         (c) The clerks of court and tax collectors authorized under
  131  s. 322.135, may provide 3-year, 7-year, or complete driver
  132  records to any person requesting such records upon payment of
  133  the appropriate fees. In addition to the fees authorized under
  134  paragraph (a), clerks of court and tax collectors may assess the
  135  fee listed in s. 322.135(1)(d) s. 322.135(1)(c) for this
  136  service. The applicable record fees listed in paragraph (a) must
  137  be remitted to the department no later than 5 days after payment
  138  is received, unless a shorter remittance period is required by
  139  law.
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Between lines 34 and 35
  144  insert:
  145         322.135, F.S.; providing legislative findings;
  146         authorizing certain tax collectors to participate in a
  147         pilot project for the provision of specified driver
  148         license services by license plate agencies; providing
  149         for participating tax collectors to contract with
  150         license plate agencies for the provision of specified
  151         driver license services; requiring the department to
  152         enter into interagency agreements with participating
  153         tax collectors; requiring the department to prescribe
  154         the best manner of delivering data access and
  155         functionalities to license plate agencies; providing
  156         construction; requiring certain license plate agency
  157         employees to be fingerprinted and undergo background
  158         checks according to specified federal requirements;
  159         prohibiting certain driver license or identification
  160         card information gathered by license plate agencies
  161         from being transferred automatically to a voter
  162         registration application; requiring license plate
  163         agencies providing certain driver license or
  164         identification card services to provide licensees and
  165         cardholders with certain printed notices about voter
  166         registration; providing for the deposit of funds
  167         collected by license plate agencies; requiring each
  168         participating tax collector to submit reports relating
  169         to the pilot project to the department and to the
  170         Governor and the Legislature by specified dates;
  171         providing for expiration; amending s. 322.20, F.S.;
  172         conforming a cross-reference; amending s.