HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 613 Tax Collector and License Plate Agency Operations
SPONSOR(S): Infrastructure & Tourism Appropriations Subcommittee; Tourism, Infrastructure & Energy
Subcommittee; Aloupis
TIED BILLS: IDEN./SIM. BILLS: SB 884
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 13 Y, 2 N, As CS Johnson Keating
2) Infrastructure & Tourism Appropriations 14 Y, 0 N, As CS Hicks Davis
Subcommittee
3) Commerce Committee 20 Y, 0 N Johnson Hamon
SUMMARY ANALYSIS
County tax collectors are the Department of Highway Safety and Motor Vehicles’ (DHSMV) authorized agents
to title and register motor vehicles, motor homes, and vessels, and to provide driver license services. However,
appointed tax collectors in some charter counties are not authorized to provide driver license services. Some
county tax collectors have contracted with privately-owned license plate agents (LPAs) to provide title and
registration services. LPAs currently do not provide driver license services in Florida. Additionally, terms
describing LPAs are not consistent across statute, nor are any of these terms defined.
The bill defines the term “license plate agency” and conforms various statutory provisions to use that term. The
bill provides that operational requirements established by DHSMV policies and procedures must be the same
for both governmentally and privately managed license plate agencies.
The bill provides that, effective October 1, 2021, the appointed tax collector of any charter county may contract
with one or more LPAs to provide the following driver license services:
Processing applications for the renewal of any driver license that is currently compliant with federal
REAL ID Act requirements.
Processing a reinstatement of a suspended driver license when the only condition of such
reinstatement is payment of fees.
Processing a licensee’s or cardholder’s change of address and application for a replacement driver
license or identification card, if the driver license or identification card is currently compliant with federal
REAL ID Act requirements.
The bill requires DHSMV, upon application of each tax collector electing to participate in the pilot project, to
enter into an interagency agreement allowing the tax collector to provide driver license services. The bill
clarifies that an LPA is not authorized to issue a driver license or identification card. The bill requires
fingerprinting and background checks for a covered employee of an LPA prior to being able to provide such
services. The bill prohibits the automatic transfer of information gathered for the completion of a driver license
or identification card renewal or change of address to a voter registration application and requires that a printed
notice with instructions on how to register to vote or update a voter registration record be provided. The bill
provides that the funds collected by license plate agencies must be deposited into the state treasury within the
same time period as required for tax collectors. The bill requires a review of the pilot project and establishes a
submission date of December 31, 2025, for a final report that addresses the implementation of the project and
the provision of the specified driver license services.
The bill will have a significant, negative fiscal impact on state government expenditures. See Fiscal Analysis
section for details.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Under chs. 320 and 328, F.S., county tax collectors are the Department of Highway Safety and Motor
Vehicles’ (DHSMVs) authorized agents to title and register motor vehicles, motor homes, and vessels.1
When processing these transactions, tax collectors charge and collect fees specified in state law,2
which are remitted to the state. However, chs. 319, 320, and 328, F.S., also require tax collectors to
retain certain statutorily prescribed service fees and charges.3
Currently, 65 counties have elected tax collectors who are constitutional officers, while Broward and
Miami-Dade Counties have appointed tax collectors under each county’s charter government.
However, pursuant to s. 1(d), Article VIII of the State Constitution, these counties will have elected tax
collectors effective January 7, 2025.4
Sixteen counties have, or until recently had, contracts with privately owned license plate agents (LPAs)
to operate 57 offices to perform title and registration services for motor vehicles, mobile homes, and
vessels. In counties with elected tax collectors, LPAs only charge the fees for those services as
expressly authorized in statute. In these counties, the LPAs may retain all or a portion of the statutorily
authorized service fee that tax collectors are allowed to collect for motor vehicle, mobile home, and
vessel title and registration services, as provided in the contracts between the LPA and the tax
collector.5 The LPAs in Broward and Miami-Dade Counties charge fees6 for motor vehicle, mobile
home, and vessel title and registration fees in addition to the statutory fees authorized in chs. 319, 320,
and 328, F.S. The additional fees levied in Broward and Miami-Dade Counties are levied pursuant to
county ordinance and are retained by the LPAs.7
Terms such as “license tag agent” and “tag agency” appear throughout Florida Statutes, relating to
private tag agencies authorized to perform certain motor vehicle-related transactions. However, these
terms are not defined, nor are they used consistently across the statutes.
DHSMV has transitioned its driver license services from DHSMV-owned facilities to elected county tax
collectors. Florida law required DHSMV to completely transition all driver license issuance services to
tax collectors who are constitutional officers under s. 1(d), Article VIII of the State Constitution with this
transition to be completed by June 30, 2015. The transition of services to appointed charter county tax
collectors may occur on a limited basis as directed by DHSMV.8
Currently, LPAs do not provide driver license services anywhere in Florida.
Driver License Issuance Systems
DHSMV’s Florida Driver License Information System (FDLIS) is the legacy driver license issuance
system that will be completely replaced by May 2021 with the newly launched Online Registration and
Identity Operating Network (ORION). ORION is the replacement database application which will be
used to conduct all driver license and identification card issuances. ORION provides real-time access
1 County tax collectors are expressly made agents of the state with respect to motor vehicle registration in s. 320.03(1), F.S., and with
respect to vessel registration in s. 328.73(1), F.S.
2 See s. 319.32, F.S., for motor vehicle title fees, s. 320.03, for motor vehicle registration fees, s. 320.04, F.S., as to motor vehicle
service charges, and s. 328.72, F.S., as to vessel registration fees.
3 Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 SB 342, p 2. (January 14, 2021).
4 Id.
5 Id.
6 Formerly the LPAs in Volusia County charged fees. An elected county tax collector took office on January 5, 2021, and the LPA
offices closed by February 4, 2021. Id.
7 Id.
8 Section 322.02(1), F.S.
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to extensive information on every driver, including driving history, vehicle insurance information, and
personal identity information and documents.
FDLIS/ORION is installed in 195 tax collector offices in 63 counties in Florida and in the 15 driver
license offices DHSMV operates in Broward and Miami-Dade counties.
Only DHSMV and elected tax collectors have access to FDLIS/ORION. Access to these systems is
governed by individual memoranda of understanding (MOUs) between DHSMV and each tax collector.
Section 322.135(1)(c) F.S., requires county tax collectors to charge a $6.25 service fee for providing
driver license services.9
Federal REAL ID Act
The federal REAL ID Act of 2005 provides minimum security requirements for the issuance and
production of state and territory driver licenses and identification cards in order for federal agencies to
accept these documents for official purposes,10 which include entering federal facilities and boarding
commercial aircraft.
Real ID Act compliant state-issued driver licenses and identification cards must include the following
information:
The person's full legal name, date of birth, and gender;
The person's driver's license or identification card number;
A digital photograph of the person11 (all in-office transactions require the taking of the
customer’s photograph, even if the customer is only taking a test);
The person's address of principal residence;
The person's signature;
Physical security features designed to prevent tampering, counterfeiting, or duplication of the
driver licenses and identification cards for fraudulent purposes; and
A common machine-readable technology, with defined minimum elements.
Additionally, the REAL ID Act mandates minimum standards that states must adopt when issuing driver
license and ID cards. Each state or territory must:
Require, at a minimum, presentation and verification of certain documents verifying a person’s
identity or address.
Require valid documentary evidence of the applicant’s lawful presence in the United States.
Establish procedures verifying each document required to be presented by the applicant.
Enter into a MOU with the Department of Homeland Security to access its system to verify the
lawful status of an applicant, other than a U.S. citizen.
Confirm with the Social Security Administration that the social security number presented by an
applicant is registered to that person.
Ensure the physical security of facilities where driver licenses and identification cards are
produced; and the security of document materials and papers from which driver licenses and
identification cards are produced.
Require that all persons authorized to manufacture or produce driver licenses and identification
cards must satisfy appropriate security clearance requirements.
Incorporate physical security features on the driver licenses and identification cards which are
designed to prevent tampering, counterfeiting, and duplication of the documents for a fraudulent
purpose.
DHSMV has fully complied with and has been certified as compliant with the Real ID Act. As of January
2021, almost 95 percent of all Florida credentials are REAL ID compliant. Certification as compliant
with the REAL ID Act means that Florida achieved and met the mandatory minimum requirements
noted above. The consequences for a state or territory that fails to be certified as REAL ID compliant is
9 Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 613, p. 5-6. (Mar. 5, 2021).
10 49 U.S.C. 30301 note; 6 U.S.C. 111, 112.
11 Section 202(b) of the Real ID Act.
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that its driver license and identification cardholders will not be permitted to use their state-issued driver
license or identification card for federal purposes, including as the identification required to board a
commercial airplane.12
Due to the federal REAL ID Act, driver license offices must have specific types of equipment to issue
driver licenses and identification cards over the counter. When a tax collector opens a driver license
office, the tax collector pays the initial cost for all the equipment, a security safe, and security cameras;
DHSMV provides and pays for the blank driver license and identification card stock. Approximately
every five years, this equipment becomes obsolete and must be replaced. The cost to replace the
outdated driver license equipment is paid for by DHSMV, pursuant to an appropriation.13
Motor Voter Law
The Federal Voter Registration Act of 1993, also known as the motor voter law, requires a voter
registration form to be included with each driver license application, including renewal applications, and
there are federal requirements regarding the transmission of this data to the state election’s office.14
Section 97.057(1), F.S., requires DHSMV to provide the opportunity to apply to register to vote or to
update a voter registration record to each individual who comes to an office to:
Apply for or renew a driver license;
Apply for or renew an identification card; or
Change an address on an existing driver license or identification card.15
Effect of the Bill
The bill defines the term “license plate agency” as an office appointed by the tax collector which is
equipped with DHSMV’s Florida Real Time Vehicle Information System (FRVIS) and managed by a
governmental or private entity to process transactions related to motorist services on behalf of DHSMV.
The bill amends various sections of statute referring to license tag agencies and tag agencies to
change these references to the newly defined term “license plate agency.”
The bill provides that operational requirements for license plate agencies, as established by DHSMV
policies and procedures, including, but not limited to, purchases of equipment, license plates, and
validation stickers and other costs incurred by DHSMV, must be the same for both governmentally and
privately managed license plate agencies.
The bill provides that, effective October 1, 2021, the appointed tax collector of any charter county may,
at the tax collector’s discretion, participate in a pilot project through which the tax collector contracts
with one or more license plate agencies to provide the following driver license services:
Processing a licensee’s application and collecting the required fees for renewal of any driver
license that is currently compliant with federal REAL ID Act requirements.
Processing a licensee’s application for reinstatement of a suspended driver license and
collecting the required fees, if the only condition for reinstatement is the payment of such fees.
Processing a licensee’s or cardholder’s request to change his or her address and application for
a replacement driver license or identification card, and collecting the required fees, if the driver
license or identification card is currently compliant with federal REAL ID Act requirements.
The bill provides that DHSMV shall, upon application from each tax collector electing to participate in
the pilot project, authorize the tax collector by interagency agreement, to provide these services as
DHSMV’s agent through one or more license plate agencies.
The bill provides that a tax collector’s election to contract with an LPA does not require the tax collector
to provide all authorized driver license services. The bill does not authorize an LPA to issue driver
12 Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 613. pp. 7-8. (March 5, 2021)
13 Id. at 5.
14 United States Department of Justice, The National Voter Registration Act of 1993, https://www.justice.gov/crt/national-voter-
registration-act-1993-nvra (last visited March 4, 2021).
15 Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 613. p. 8. (March 5, 2021)
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licenses or identification cards or possess any blank driver licenses or identification cards. The bill
requires that a covered employee of an LPA, prior to providing driver license services, must be
fingerprinted, undergo background checks, and be subject to disqualification from providing such
services to the extent required by federal law. The bill prohibits information gathered for the completion
of a driver license or identification card renewal or change of address to be automatically transferred to
a voter registration application. Instead, an LPA must provide each licensee or cardholder a printed
notice with instructions on how to register to vote or update a voter registration record. If the LPA
collects funds to be deposited into the state treasury, these funds must be paid into the state treasury
within the same time frame as required