Florida Senate - 2009                             CS for SB 1992
       
       
       
       By the Committee on Finance and Tax; and Senator Wise
       
       
       
       
       593-05161-09                                          20091992c1
    1                        A bill to be entitled                      
    2         An act relating to driver responsibility; amending s.
    3         316.192, F.S.; providing for the addition of a
    4         specified charge to any fine imposed for reckless
    5         driving; providing for the distribution of proceeds
    6         collected from the imposition of such charge; amending
    7         s. 316.1932, F.S.; providing for the imposition of a
    8         specified fine against each driver who refuses to
    9         submit to a blood-alcohol level test when asked to do
   10         so by a law enforcement officer; providing for the
   11         distribution of proceeds collected from the imposition
   12         of such fine; creating s. 322.2701, F.S.; providing a
   13         short title; creating s. 322.27021, F.S.; directing
   14         the Department of Highway Safety and Motor Vehicles to
   15         assess a specified annual surcharge against a person
   16         who accumulates points under specified provisions
   17         against his or her driver’s license within a certain
   18         timeframe; requiring the department to notify a
   19         licensee upon assignment of a certain number of
   20         points; providing applicability; creating s.
   21         322.27022, F.S.; directing the department to assess
   22         specified annual surcharges against a person who has a
   23         final conviction within a certain timeframe for a DUI
   24         offense; providing applicability; creating s.
   25         322.27023, F.S.; directing the department to assess
   26         specified annual surcharges against a person driving
   27         without a valid driver’s license or without financial
   28         responsibility; providing applicability; creating s.
   29         322.2704, F.S.; requiring the department to notify
   30         licensees of the surcharges, the time period in which
   31         to pay the surcharges, and consequences of
   32         noncompliance; requiring the department to suspend a
   33         driver’s license if the licensee does not pay the
   34         surcharge or arrange for installment payments within a
   35         specified time after the notice of surcharge is sent;
   36         specifying the period of suspension; creating s.
   37         322.2705, F.S.; directing the department to provide by
   38         rule for installment payments of the surcharges;
   39         authorizing the department to adopt rules to permit
   40         licensees to pay assessed surcharges with credit
   41         cards; providing for content of such rules; requiring
   42         the department to suspend a driver’s license if the
   43         credit card payment is subsequently reversed;
   44         specifying the period of suspension; creating s.
   45         322.2706, F.S.; directing the department to enter into
   46         a contract with a vendor for the collection of
   47         specified annual surcharges; creating s. 322.2707,
   48         F.S.; requiring the department to adopt a surcharge
   49         reduction program by rule; requiring the department to
   50         waive the surcharge for a noncriminal infraction
   51         committed by a person within a certain time period;
   52         requiring the department to reduce the amount of a
   53         surcharge for certain drivers who complete a driver
   54         improvement program; requiring the department to
   55         reduce or extend the payment period for surcharges
   56         assessed against indigent persons; creating s.
   57         322.2709, F.S.; providing for distribution of moneys
   58         derived from surcharges collected by the department;
   59         amending s. 318.121, F.S.; exempting specified
   60         provisions from a limitation on surcharges added to
   61         civil traffic penalties; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Present subsection (5) of section 316.192,
   66  Florida Statutes, is redesignated as subsection (6), and a new
   67  subsection (5) is added to that section, to read:
   68         316.192 Reckless driving.—
   69         (5)Notwithstanding any other provision of this section, an
   70  additional charge in the amount of $300 shall be added to any
   71  fine imposed pursuant to this section. One hundred fifty dollars
   72  from each such charge shall be remitted to the Department of
   73  Revenue for deposit into the Emergency Medical Services Trust
   74  Fund and $150 shall be remitted to the Department of Revenue for
   75  deposit into the Education Enhancement Trust Fund.
   76         Section 2. Paragraph (a) of subsection (1) of section
   77  316.1932, Florida Statutes, is amended to read:
   78         316.1932 Tests for alcohol, chemical substances, or
   79  controlled substances; implied consent; refusal.—
   80         (1)(a)1.a. Any person who accepts the privilege extended by
   81  the laws of this state of operating a motor vehicle within this
   82  state is, by so operating such vehicle, deemed to have given his
   83  or her consent to submit to an approved chemical test or
   84  physical test including, but not limited to, an infrared light
   85  test of his or her breath for the purpose of determining the
   86  alcoholic content of his or her blood or breath if the person is
   87  lawfully arrested for any offense allegedly committed while the
   88  person was driving or was in actual physical control of a motor
   89  vehicle while under the influence of alcoholic beverages. The
   90  chemical or physical breath test must be incidental to a lawful
   91  arrest and administered at the request of a law enforcement
   92  officer who has reasonable cause to believe such person was
   93  driving or was in actual physical control of the motor vehicle
   94  within this state while under the influence of alcoholic
   95  beverages. The administration of a breath test does not preclude
   96  the administration of another type of test. The person shall be
   97  told that his or her failure to submit to any lawful test of his
   98  or her breath will result in the suspension of the person’s
   99  privilege to operate a motor vehicle for a period of 1 year for
  100  a first refusal, or for a period of 18 months if the driving
  101  privilege of such person has been previously suspended as a
  102  result of a refusal to submit to such a test or tests, and shall
  103  also be told that if he or she refuses to submit to a lawful
  104  test of his or her breath and his or her driving privilege has
  105  been previously suspended for a prior refusal to submit to a
  106  lawful test of his or her breath, urine, or blood, he or she
  107  commits a misdemeanor in addition to any other penalties. The
  108  refusal to submit to a chemical or physical breath test upon the
  109  request of a law enforcement officer as provided in this section
  110  is admissible into evidence in any criminal proceeding.
  111         b. Any person who accepts the privilege extended by the
  112  laws of this state of operating a motor vehicle within this
  113  state is, by so operating such vehicle, deemed to have given his
  114  or her consent to submit to a urine test for the purpose of
  115  detecting the presence of chemical substances as set forth in s.
  116  877.111 or controlled substances if the person is lawfully
  117  arrested for any offense allegedly committed while the person
  118  was driving or was in actual physical control of a motor vehicle
  119  while under the influence of chemical substances or controlled
  120  substances. The urine test must be incidental to a lawful arrest
  121  and administered at a detention facility or any other facility,
  122  mobile or otherwise, which is equipped to administer such tests
  123  at the request of a law enforcement officer who has reasonable
  124  cause to believe such person was driving or was in actual
  125  physical control of a motor vehicle within this state while
  126  under the influence of chemical substances or controlled
  127  substances. The urine test shall be administered at a detention
  128  facility or any other facility, mobile or otherwise, which is
  129  equipped to administer such test in a reasonable manner that
  130  will ensure the accuracy of the specimen and maintain the
  131  privacy of the individual involved. The administration of a
  132  urine test does not preclude the administration of another type
  133  of test. The person shall be told that his or her failure to
  134  submit to any lawful test of his or her urine will result in the
  135  suspension of the person’s privilege to operate a motor vehicle
  136  for a period of 1 year for the first refusal, or for a period of
  137  18 months if the driving privilege of such person has been
  138  previously suspended as a result of a refusal to submit to such
  139  a test or tests, and shall also be told that if he or she
  140  refuses to submit to a lawful test of his or her urine and his
  141  or her driving privilege has been previously suspended for a
  142  prior refusal to submit to a lawful test of his or her breath,
  143  urine, or blood, he or she commits a misdemeanor in addition to
  144  any other penalties. The refusal to submit to a urine test upon
  145  the request of a law enforcement officer as provided in this
  146  section is admissible into evidence in any criminal proceeding.
  147         c.Notwithstanding any other provision of this section, a
  148  fine in the amount of $300 shall be assessed against each driver
  149  who refuses to submit to a blood-alcohol level test when asked
  150  to do so by a law enforcement officer. One hundred fifty dollars
  151  from each such fine shall be remitted to the Department of
  152  Revenue for deposit into the Emergency Medical Services Trust
  153  Fund and $150 shall be remitted to the Department of Revenue for
  154  deposit into the Education Enhancement Trust Fund.
  155         2. The Alcohol Testing Program within the Department of Law
  156  Enforcement is responsible for the regulation of the operation,
  157  inspection, and registration of breath test instruments utilized
  158  under the driving and boating under the influence provisions and
  159  related provisions located in this chapter and chapters 322 and
  160  327. The program is responsible for the regulation of the
  161  individuals who operate, inspect, and instruct on the breath
  162  test instruments utilized in the driving and boating under the
  163  influence provisions and related provisions located in this
  164  chapter and chapters 322 and 327. The program is further
  165  responsible for the regulation of blood analysts who conduct
  166  blood testing to be utilized under the driving and boating under
  167  the influence provisions and related provisions located in this
  168  chapter and chapters 322 and 327. The program shall:
  169         a. Establish uniform criteria for the issuance of permits
  170  to breath test operators, agency inspectors, instructors, blood
  171  analysts, and instruments.
  172         b. Have the authority to permit breath test operators,
  173  agency inspectors, instructors, blood analysts, and instruments.
  174         c. Have the authority to discipline and suspend, revoke, or
  175  renew the permits of breath test operators, agency inspectors,
  176  instructors, blood analysts, and instruments.
  177         d. Establish uniform requirements for instruction and
  178  curricula for the operation and inspection of approved
  179  instruments.
  180         e. Have the authority to specify one approved curriculum
  181  for the operation and inspection of approved instruments.
  182         f. Establish a procedure for the approval of breath test
  183  operator and agency inspector classes.
  184         g. Have the authority to approve or disapprove breath test
  185  instruments and accompanying paraphernalia for use pursuant to
  186  the driving and boating under the influence provisions and
  187  related provisions located in this chapter and chapters 322 and
  188  327.
  189         h. With the approval of the executive director of the
  190  Department of Law Enforcement, make and enter into contracts and
  191  agreements with other agencies, organizations, associations,
  192  corporations, individuals, or federal agencies as are necessary,
  193  expedient, or incidental to the performance of duties.
  194         i. Issue final orders which include findings of fact and
  195  conclusions of law and which constitute final agency action for
  196  the purpose of chapter 120.
  197         j. Enforce compliance with the provisions of this section
  198  through civil or administrative proceedings.
  199         k. Make recommendations concerning any matter within the
  200  purview of this section, this chapter, chapter 322, or chapter
  201  327.
  202         l. Promulgate rules for the administration and
  203  implementation of this section, including definitions of terms.
  204         m. Consult and cooperate with other entities for the
  205  purpose of implementing the mandates of this section.
  206         n. Have the authority to approve the type of blood test
  207  utilized under the driving and boating under the influence
  208  provisions and related provisions located in this chapter and
  209  chapters 322 and 327.
  210         o. Have the authority to specify techniques and methods for
  211  breath alcohol testing and blood testing utilized under the
  212  driving and boating under the influence provisions and related
  213  provisions located in this chapter and chapters 322 and 327.
  214         p. Have the authority to approve repair facilities for the
  215  approved breath test instruments, including the authority to set
  216  criteria for approval.
  217  
  218  Nothing in this section shall be construed to supersede
  219  provisions in this chapter and chapters 322 and 327. The
  220  specifications in this section are derived from the power and
  221  authority previously and currently possessed by the Department
  222  of Law Enforcement and are enumerated to conform with the
  223  mandates of chapter 99-379, Laws of Florida.
  224         Section 3. Section 322.2701, Florida Statutes, is created
  225  to read:
  226         322.2701 Short title.—Sections 322.2701-322.2709 may be
  227  cited as “Florida’s Driver Responsibility Law.”
  228         Section 4. Section 322.27021, Florida Statutes, is created
  229  to read:
  230         322.27021 Surcharge for points.—
  231         (1) Each year, the department shall assess a surcharge on
  232  each person who has accumulated 7 or more points under s. 322.27
  233  against his or her driver’s license during the preceding 36
  234  month period.
  235         (2) The amount of the surcharge under this section is $120
  236  for the first 7 points and $25 for each additional point.
  237         (3) The department shall notify the holder of a driver’s
  238  license of the assignment of a 4th point on that license by
  239  first-class mail sent to the person’s most recent address as
  240  shown on the records of the department.
  241         (4) This section does not apply to a conviction that
  242  becomes final before July 1, 2009.
  243         Section 5. Section 322.27022, Florida Statutes, is created
  244  to read:
  245         322.27022 Surcharge for conviction of driving under the
  246  influence.—
  247         (1) Each year, the department shall assess a surcharge on
  248  each person who has a final conviction during the preceding 36
  249  month period for a violation of s. 316.193.
  250         (2) The amount of the surcharge under this section is:
  251         (a) Five hundred dollars per year for a first conviction.
  252         (b) Seven hundred fifty dollars per year for a second or
  253  subsequent conviction within a 36-month period.
  254         (c) One thousand dollars per year for a first or subsequent
  255  conviction if the blood-alcohol level of the person was 0.20 or
  256  higher at the time the analysis was performed.
  257         (3) A surcharge under this section may not be assessed for
  258  the same conviction for a period longer than 36 months.
  259         (4) This section does not apply to a conviction that
  260  becomes final before July 1, 2009.
  261         Section 6. Section 322.27023, Florida Statutes, is created
  262  to read:
  263         322.27023 Surcharge for conviction of driving without a
  264  valid license or without financial responsibility.—
  265         (1) Each year, the department shall assess a surcharge on
  266  each person who has a final conviction during the preceding 36
  267  month period for a violation of s. 322.03, s. 322.065, s.
  268  324.021, or s. 627.733.
  269         (2) The amount of a surcharge under this section is $120
  270  per year.
  271         (3) This section does not apply to a conviction that
  272  becomes final before July 1, 2009.
  273         Section 7. Section 322.2704, Florida Statutes, is created
  274  to read:
  275         322.2704 Notice of surcharge.—
  276         (1) The department shall notify the holder of a driver’s
  277  license of the assessment of a surcharge under ss. 322.2701
  278  322.2709, Florida’s Driver Responsibility Law, by first-class
  279  mail sent to the person’s most recent address as shown on the
  280  records of the department. The notice must specify the date by
  281  which the surcharge must be paid and state the consequences of
  282  failure to pay the surcharge.
  283         (2) If the person fails to pay the full amount of the
  284  surcharge or fails to enter into an installment payment
  285  agreement with the department within 30 days after the date the
  286  notification was sent, the person’s license shall be
  287  automatically suspended.
  288         (3) A license suspended under this section shall remain
  289  suspended until the person pays the full amount of the surcharge
  290  or the installment payment under s. 322.2705 and any related
  291  costs.
  292         Section 8. Section 322.2705, Florida Statutes, is created
  293  to read:
  294         322.2705 Payment of surcharges.—
  295         (1) The department shall by rule provide for the payment of
  296  a surcharge under ss. 322.2701-322.2709, Florida’s Driver
  297  Responsibility Law, in installments.
  298         (2) A rule under this section:
  299         (a) May not permit a person to pay a surcharge:
  300         1. Of less than $2,300 over a period of more than 12
  301  consecutive months; or
  302         2. Of $2,300 or more over a period of more than 24
  303  consecutive months.
  304         (b) May provide that the department may declare the amount
  305  of the unpaid surcharge immediately due and payable if the
  306  person fails to make a required installment payment.
  307         (3) The department may by rule authorize the payment of a
  308  surcharge by use of a credit card. The rules shall require the
  309  person to pay all costs incurred by the department in connection
  310  with the acceptance of the credit card.
  311         (4) If a person pays a surcharge or related cost by credit
  312  card and the amount is subsequently reversed by the issuer of
  313  the credit card, the person’s license shall be automatically
  314  suspended.
  315         (5) A license suspended under this section remains
  316  suspended until the person pays the full amount of the surcharge
  317  or all past-due installments and any related costs.
  318         Section 9. Section 322.2706, Florida Statutes, is created
  319  to read:
  320         322.2706 Contracts for collection of surcharges.—The
  321  department shall enter into a contract with a vendor for the
  322  collection of surcharges receivable under ss. 322.2701-322.2709,
  323  Florida’s Driver Responsibility Law.
  324         Section 10. Section 322.2707, Florida Statutes, is created
  325  to read:
  326         322.2707Surcharge reduction program.—
  327         (1)The department shall establish a surcharge reduction
  328  program by rule to extend the payment period for a surcharge or
  329  to waive or reduce a surcharge assessed under ss. 322.2701
  330  322.2709, the Florida’s Driver Responsibility Law.
  331         (2)The program shall waive the surcharge resulting from
  332  the first noncriminal infraction committed by a person within
  333  the preceding 48-month period.
  334         (3)The program shall reduce the surcharge assessed as a
  335  result of points assessed under s. 322.27 for a person who
  336  completes a driver improvement program prescribed by the
  337  department. The department shall establish the amount of the
  338  reduction to create an incentive for drivers to enroll in a
  339  driver improvement program. The reduction shall be available to
  340  a driver once per 60-month period. The amount of the reduction
  341  may not exceed $100. However, the reduction may not exceed $75
  342  for a driver who, within the preceding 3-year period, was
  343  assessed points for violations relating to a motor vehicle
  344  accident or violations identified by the department as most
  345  likely to cause accidents with injuries.
  346         (4)The program shall reduce or extend the payment period
  347  for surcharges exceeding $400 annually which are imposed on
  348  persons who are indigent. In determining whether a person is
  349  indigent, the department shall use the standards for eligibility
  350  for the appointment of a public defender under s. 27.52. The
  351  maximum reduction may not exceed 75 percent of a surcharge. The
  352  maximum payment period may not be extended by more than one
  353  year. The rules shall require the department to consider the
  354  particular circumstances affecting a person upon whom a
  355  surcharge is imposed and to limit the extent to which reductions
  356  are available. The department may condition eligibility for a
  357  reduction on the completion of a driver improvement program. The
  358  department may charge a fee in an amount equal to the
  359  department’s costs to determine a person’s indigent status.
  360         Section 11. Section 322.2709, Florida Statutes, is created
  361  to read:
  362         322.2709 Remittance of surcharges collected.—Moneys derived
  363  from a surcharge collected by the department under ss. 322.2701
  364  322.2709, Florida’s Driver Responsibility Law, shall be
  365  distributed as follows:
  366         (1) Up to 1 percent shall be used to provide public service
  367  announcements to notify the public of the provisions of
  368  Florida’s Driver Responsibility Law.
  369         (2) Of the remaining moneys:
  370         (a) Fifty percent shall be remitted to the Department of
  371  Revenue to be deposited into the Department of Highway Safety
  372  and Motor Vehicles Law Enforcement Trust Fund to recruit and
  373  retain officers of the Florida Highway Patrol, which includes
  374  all career service levels of rank.
  375         (b) Fifty percent shall be remitted to the Department of
  376  Revenue to be deposited into the Department of Health
  377  Administrative Trust Fund to provide financial support to
  378  certified trauma centers to ensure the availability and
  379  accessibility of trauma services throughout the state.
  380         Section 12. Section 318.121, Florida Statutes, is amended
  381  to read:
  382         318.121 Preemption of additional fees, fines, surcharges,
  383  and costs.—Notwithstanding any general or special law, or
  384  municipal or county ordinance, additional fees, fines,
  385  surcharges, or costs other than the court costs and surcharges
  386  assessed under s. 318.18(11), (13), and (18) or under ss.
  387  322.2701-322.2709 may not be added to the civil traffic
  388  penalties assessed in this chapter.
  389         Section 13. This act shall take effect July 1, 2009.