Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2434
                        Barcode 614752
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Government Efficiency Appropriations
12  (Haridopolos) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 322.75, Florida Statutes, is
19  created to read:
20         322.75  Short title.--Sections 322.75-322.754 may be
21  cited as the "Florida Driver Responsibility Law."
22         Section 2.  Section 322.7513, Florida Statutes, is
23  created to read:
24         322.7513  Surcharge for conviction of driving without a
25  license or without financial responsibility.--
26         (1)  Each year, the department shall assess a surcharge
27  on each person who has a final conviction during the preceding
28  36-month period for an offense relating to s. 322.03, s.
29  322.065, or s. 316.646(1).
30         (2)  The amount of a surcharge under this section is
31  $250 per year.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2434 Barcode 614752 1 (3) This section does not apply to a conviction that 2 becomes final before July 1, 2005. 3 Section 3. Section 322.7515, Florida Statutes, is 4 created to read: 5 322.7515 Surcharge for conviction of driving under the 6 influence.-- 7 (1) Each year, the department shall assess a surcharge 8 on each person who has a final conviction during the preceding 9 36-month period for an offense relating to s. 316.193. 10 (2) The amount of a surcharge under this section is 11 $1,000 per year, except that the amount of the surcharge is: 12 (a) One thousand five hundred dollars per year for a 13 second or subsequent conviction within a 36-month period; and 14 (b) Two thousand dollars for a first or subsequent 15 conviction if the blood-alcohol level of the person was 0.20 16 or higher at the time the analysis was performed. 17 (3) A surcharge under this section for the same 18 conviction may not be assessed in more than 3 years. 19 (4) This section does not apply to a conviction that 20 becomes final before July 1, 2005. 21 Section 4. Section 322.7525, Florida Statutes, is 22 created to read: 23 322.7525 Notice of surcharge.-- 24 (1) The department shall notify the holder of a 25 driver's license of the assessment of a surcharge on that 26 license by first-class mail sent to the person's most recent 27 address as shown on the records of the department. The notice 28 must specify the date by which the surcharge must be paid and 29 state the consequences of a failure to pay the surcharge. 30 (2) If, before the 30th day after the date the 31 department sends a notice under the Florida Driver 2 1:31 PM 04/26/05 s2434c1d-ge26-c3b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2434 Barcode 614752 1 Responsibility Law, the person fails to pay the amount of a 2 surcharge on the person's license or fails to enter into an 3 installment payment agreement with the department, the license 4 of the person is automatically suspended. 5 (3) A person whose driving privilege is suspended or 6 revoked under this subsection shall not have his or her 7 driving privilege reinstated for any reason other than: 8 (a) Full payment of the surcharge and any related 9 costs; or 10 (b) The person has entered into an agreement with the 11 department for the payment of the surcharge as provided in s. 12 322.753. 13 Section 5. Section 322.753, Florida Statutes, is 14 created to read: 15 322.753 Installment payment of surcharges.-- 16 (1) The department shall by rule provide for the 17 payment of a surcharge in installments. 18 (2) A rule under this section: 19 (a) May not permit a person to pay a surcharge: 20 1. Of less than $2,300 over a period of more than 12 21 consecutive months; or 22 2. Of $2,300 or more over a period of more than 24 23 consecutive months. 24 (b) May provide that if the person fails to make a 25 required installment payment, the department may declare the 26 amount of the unpaid surcharge immediately due and payable. 27 (3) The department may by rule authorize the payment 28 of a surcharge by use of a credit card. 29 (4) If a person pays a surcharge or related cost by 30 credit card and the amount is subsequently reversed by the 31 issuer of the credit card, the license of that person is 3 1:31 PM 04/26/05 s2434c1d-ge26-c3b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2434 Barcode 614752 1 automatically suspended. 2 (5) A license suspended under this section remains 3 suspended until the person pays the amount of the surcharge 4 and any related costs. 5 Section 6. Section 322.7535, Florida Statutes, is 6 created to read: 7 322.7535 Contracts for collection of surcharges.--The 8 department may contract with a public or private vendor to 9 collect surcharges receivable under this chapter. 10 Section 7. Section 322.754, Florida Statutes, is 11 created to read: 12 322.754 Remittance of surcharges collected.--All 13 moneys derived from the surcharge collected by the department 14 under the Florida Driver Responsibility Law shall, after the 15 department has retained all departmental costs that are 16 associated only with the operation of this law, be deposited 17 into the Department of Health Administrative Trust Fund to 18 provide financial support to certified trauma centers to 19 assure the availability and accessibility of trauma services 20 throughout the state. Funds deposited into the Administrative 21 Trust Fund under this section shall be allocated as follows: 22 (1) Fifty percent shall be allocated equally among all 23 Level I, Level II, and pediatric trauma centers in recognition 24 of readiness costs for maintaining trauma services. 25 (2) Fifty percent shall be allocated among Level I, 26 Level II, and pediatric trauma centers based on each center's 27 relative volume of trauma cases as reported in the Department 28 of Health Trauma Registry. 29 Section 8. This act shall take effect February 1, 30 2006. 31 4 1:31 PM 04/26/05 s2434c1d-ge26-c3b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2434 Barcode 614752 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to driver responsibility; 8 creating s. 322.75, F.S.; creating the "Florida 9 Driver Responsibility Law"; creating s. 10 322.7513, F.S.; directing the department to 11 assess specified annual surcharges against 12 motor vehicle licensees who have a final 13 conviction within the previous 36 months for 14 specified offenses relating to driving without 15 a license or with an expired license and 16 driving without required insurance or security; 17 creating s. 322.7515, F.S.; directing the 18 department to assess specified annual 19 surcharges against motor vehicle licensees who 20 have a final conviction within the previous 36 21 months for a DUI offense; creating s. 322.7525, 22 F.S.; requiring the department to notify 23 licensees of the surcharges and the time period 24 in which to pay the surcharges; providing for 25 suspension of license for failure to pay; 26 creating s. 322.753, F.S.; requiring the 27 department to accept installment payments for 28 the surcharges; providing sanctions for a 29 licensee's failure to pay an installment; 30 authorizing the department to permit licensees 31 to pay assessed surcharges with credit cards; 5 1:31 PM 04/26/05 s2434c1d-ge26-c3b
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2434 Barcode 614752 1 requiring the department to suspend a driver's 2 license if the licensee does not pay the 3 surcharge or arrange for installment payments 4 within a specified time after the notice of 5 surcharge is sent; creating s. 322.7535, F.S.; 6 authorizing the department to contract with a 7 public or private vendor to collect specified 8 annual surcharges; creating s. 322.754, F.S.; 9 providing for distribution of surcharges 10 collected by the department; providing an 11 effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 1:31 PM 04/26/05 s2434c1d-ge26-c3b