A bill enabling county Tax Collectors to regulate commercial driving schools and counteract fraud just cleared the Senate floor with unanimous support.
Senators voted 37-0 for the bill (SB 584), which would allow the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to delegate enforcement authority to Tax Collectors through optional, interagency agreements.
Miami Springs Sen. Bryan Ávila said the bill, a priority measure of his this Session,” ensures consistent, statewide enforcement while allowing local offices flexibility to address issues occurring directly on their premises.”
Under SB 584 and its House twin (HB 953) by Miami Republican Rep. Omar Blanco, which cleared its penultimate Committee hurdle this week, Tax Collectors could prohibit driving school operators and their agents from soliciting customers or conducting business on Tax Collector property, such as driver’s license offices and parking areas.
They would also be authorized to prevent fraudulent, deceptive or improper practices that could undermine the driver’s licensing process and require driving school operators to present licenses and identification upon request.
Further, the bill would enable Tax Collectors or their agents to inspect commercial driving school premises to ensure compliance with state and local laws.
A staff analysis found the changes HB 953 proposes could result in a cost reduction for FLHSMV if Tax Collectors assume enforcement responsibilities, though the amount of savings is indeterminate and would depend on how many agreements are executed.
Consequently, any responsibility-shifting would result in a shift of cost from FLHSMV to Tax Collectors for inspections and regulatory oversight, and those costs would vary depending on the number of driving schools and the scope of enforcement.
Notably, Tax Collectors in Florida today primarily operate as administrative offices, not regulatory enforcement agencies. Expanding their authority into regulatory enforcement, such as inspecting businesses and investigating fraud, would shift them more toward quasi-regulatory or enforcement roles, which may require additional training, staffing and expertise.
There is also the potential for inconsistent enforcement, as the bill allows interagency agreements but doesn’t require them, meaning enforcement could vary by county depending on whether Tax Collectors participate. Moreover, decentralizing enforcement authority could make it less clear who is ultimately responsible for ensuing consistent compliance.
Blanco noted in Committee this week that Tax Collectors today already inspect title agencies. The added local oversight of commercial driving schools is needed, he said, to combat fraud “happening right in front of their eyes” that they currently “have no ability” to stop.
“I’ve spoken to (FLHSMV) Executive Director (Dave) Kerner, who also thinks that this will help his resources at the state level,” Blanco added.
Miami-Dade County Tax Collector Dariel Fernandez, who is also championing legislation to eliminate the need for physical license registration tags in Florida, supports Ávila and Blanco’s legislation as well.
The issue of commercial driver’s licensing fraud drew national attention last year after investigators said an undocumented immigrant driving a tractor trailer caused an accident that killed three people in St. Lucie County.
Ávila, speaking with Florida Politics about his bill last month, said his bill wasn’t inspired by that tragedy, but rather a rise Fernandez had seen in people fraudulently claiming to be licensed to drive commercial vehicles.
“We’ve had some individuals come in to get their license, and they’ve said they’ve gone through this course. But when you start asking them questions, they absolutely don’t have any idea of what any of that entails with regard to the license they’re applying for. There’s been a whole host of irregularities, and (Fernandez) has been very active in trying to hold bad actors accountable,” Ávila said.
“We want to make sure that when they’re out on the road, they’re not going to be a menace to society. We want everyone that is driving any truck or vehicle on our roadways to be absolutely qualified and licensed to be driving.”
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