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 collector’s 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 department’s 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         319.24 Issuance 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 owner’s 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         319.29 Lost 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 applicant’s
  127  request, the duplicate copy may be issued by the tax collector
  128  and provided to the applicant at the tax collector’s 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         320.031 Mailing 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         320.0848 Persons 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         322.02 Legislative 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         322.12 Examination 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 applicant’s 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 applicant’s hearing given by a driver
  192  license examiner or a licensed physician.
  193         3.(c) A test of the applicant’s 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 applicant’s 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 applicant’s hearing given by a driver
  216  license examiner or a licensed physician.
  217         3.The examination shall also include A test of the
  218  applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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         322.135 Driver 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 department’s 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         322.251 Notice 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         322.271 Authority 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 person’s 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         322.66 Vehicles 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.