Senate Bill 1804

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1804

    By Senator Ostalkiewicz





    12-1443-98

  1                      A bill to be entitled

  2         An act relating to highway safety; amending s.

  3         318.18, F.S.; rescinding the fine for speeds

  4         exceeding the limit by 1-5 m.p.h. and replacing

  5         the fine with a warning; amending s. 627.733,

  6         F.S.; deleting a provision for revoking the

  7         driver's license of an owner or registrant of a

  8         motor vehicle who does not provide required

  9         security for that vehicle; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (b) of subsection (3) of section

15  318.18, Florida Statutes, is amended to read:

16         318.18  Amount of civil penalties.--The penalties

17  required for a noncriminal disposition pursuant to s. 318.14

18  are as follows:

19         (3)

20         (b)  For moving violations involving unlawful speed,

21  the fines are as follows:

22

23  For speed exceeding the limit by:                        Fine:

24  1-5 m.p.h..............................................Warning

25  6-9 1-9 m.p.h.............................................$ 25

26  10-14 m.p.h...............................................$100

27  15-19 m.p.h...............................................$125

28  20-29 m.p.h...............................................$150

29  30 m.p.h. and above.......................................$250

30

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1804
    12-1443-98




  1         Section 2.  Subsections (6) and (7) of section 627.733,

  2  Florida Statutes, are amended to read:

  3         627.733  Required security.--

  4         (6)  The Department of Highway Safety and Motor

  5  Vehicles shall suspend, after due notice and an opportunity to

  6  be heard, the registration and driver's license of any owner

  7  or registrant of a motor vehicle with respect to which

  8  security is required under this section and s. 324.022:

  9         (a)  Upon its records showing that the owner or

10  registrant of such motor vehicle did not have in full force

11  and effect when required security complying with the terms of

12  this section; or

13         (b)  Upon notification by the insurer to the Department

14  of Highway Safety and Motor Vehicles, in a form approved by

15  the department, of cancellation or termination of the required

16  security.

17         (7)(a)  Any operator or owner whose driver's license or

18  registration has been suspended pursuant to this section or s.

19  316.646 may effect its reinstatement upon compliance with the

20  requirements of this section and upon payment to the

21  Department of Highway Safety and Motor Vehicles of a

22  nonrefundable reinstatement fee of $150 for the first

23  reinstatement.  Such reinstatement fee shall be $250 for the

24  second reinstatement and $500 for each subsequent

25  reinstatement during the 3 years following the first

26  reinstatement. Any person reinstating her or his insurance

27  under this subsection must also secure noncancelable coverage

28  as described in s. 627.7275(2) and present to the appropriate

29  person proof that the coverage is in force on a form

30  promulgated by the Department of Highway Safety and Motor

31  Vehicles, such proof to be maintained for 2 years.  If the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1804
    12-1443-98




  1  person does not have a second reinstatement within 3 years

  2  after her or his initial reinstatement, the reinstatement fee

  3  shall be $150 for the first reinstatement after that 3-year

  4  period.  In the event that a person's license and registration

  5  are suspended pursuant to this section or s. 316.646, only one

  6  reinstatement fee shall be paid to reinstate the license and

  7  the registration.  All fees shall be collected by the

  8  Department of Highway Safety and Motor Vehicles at the time of

  9  reinstatement.  The Department of Highway Safety and Motor

10  Vehicles shall issue proper receipts for such fees and shall

11  promptly deposit those fees in the Highway Safety Operating

12  Trust Fund. One-third of the fee collected under this

13  subsection shall be distributed from the Highway Safety

14  Operating Trust Fund to the local government entity or state

15  agency which employed the law enforcement officer or the

16  recovery agent who seizes a license plate pursuant to s.

17  324.201 or to s. 324.202.  Such funds may be used by the local

18  government entity or state agency for any authorized purpose.

19         (b)  One-third of the fee collected for the seizure of

20  a license plate by a recovery agent shall be paid to the

21  recovery agent, and the balance shall remain in the Highway

22  Safety Operating Trust Fund and be distributed pursuant to s.

23  321.245.

24         Section 3.  This act shall take effect July 1, 1998.

25

26            *****************************************

27                          SENATE SUMMARY

28    Provides for issuing a warning, rather than imposing a
      fine, for speeding 1-5 miles per hour over the speed
29    limit. Deletes a provision allowing a driver's license to
      be revoked if the owner or registrant of a motor vehicle
30    fails to provide the security required under ss. 627.733
      and 324.022, F.S.
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