Senate Bill 1804c1
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Florida Senate - 1998 CS for SB 1804
By the Committee on Transportation and Senator Ostalkiewicz
306-2049-98
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; providing that fines
6 for construction zone speed violations shall be
7 doubled only under certain circumstances;
8 amending s. 627.733, F.S.; deleting a provision
9 for revoking the driver's license of an owner
10 or registrant of a motor vehicle who does not
11 provide required security for that vehicle;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (3) of section 318.18, Florida
17 Statutes, is amended to read:
18 318.18 Amount of civil penalties.--The penalties
19 required for a noncriminal disposition pursuant to s. 318.14
20 are as follows:
21 (3)(a) Except as otherwise provided in this section,
22 $60 for all moving violations not requiring a mandatory
23 appearance.
24 (b) For moving violations involving unlawful speed,
25 the fines are as follows:
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27 For speed exceeding the limit by: Fine:
28 1-5 m.p.h..............................................Warning
29 6-9 1-9 m.p.h.............................................$ 25
30 10-14 m.p.h...............................................$100
31 15-19 m.p.h...............................................$125
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Florida Senate - 1998 CS for SB 1804
306-2049-98
1 20-29 m.p.h...............................................$150
2 30 m.p.h. and above.......................................$250
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4 (c) Notwithstanding paragraph (b), a person cited for
5 exceeding the speed limit by up to 5 m.p.h. in a legally
6 posted school zone will be fined $50. A person exceeding the
7 speed limit in a school zone will be assessed a fine double
8 the amount listed in paragraph (b).
9 (d) A person cited for exceeding the speed limit in or
10 a posted construction zone will be assessed a fine double the
11 amount listed in paragraph (b). The fine shall be doubled for
12 construction zone violations only if construction personnel
13 are present or operating equipment on the road or immediately
14 adjacent to the road under construction.
15 (e)(d) If a violation of s. 316.1301 or s. 316.1303
16 results in an injury to the pedestrian or damage to the
17 property of the pedestrian, an additional fine of up to $250
18 must be assessed. This amount must be distributed pursuant to
19 s. 318.21.
20 Section 2. Subsections (6) and (7) of section 627.733,
21 Florida Statutes, are amended to read:
22 627.733 Required security.--
23 (6) The Department of Highway Safety and Motor
24 Vehicles shall suspend, after due notice and an opportunity to
25 be heard, the registration and driver's license of any owner
26 or registrant of a motor vehicle with respect to which
27 security is required under this section and s. 324.022:
28 (a) Upon its records showing that the owner or
29 registrant of such motor vehicle did not have in full force
30 and effect when required security complying with the terms of
31 this section; or
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Florida Senate - 1998 CS for SB 1804
306-2049-98
1 (b) Upon notification by the insurer to the Department
2 of Highway Safety and Motor Vehicles, in a form approved by
3 the department, of cancellation or termination of the required
4 security.
5 (7)(a) Any operator or owner whose driver's license or
6 registration has been suspended pursuant to this section or s.
7 316.646 may effect its reinstatement upon compliance with the
8 requirements of this section and upon payment to the
9 Department of Highway Safety and Motor Vehicles of a
10 nonrefundable reinstatement fee of $150 for the first
11 reinstatement. Such reinstatement fee shall be $250 for the
12 second reinstatement and $500 for each subsequent
13 reinstatement during the 3 years following the first
14 reinstatement. Any person reinstating her or his insurance
15 under this subsection must also secure noncancelable coverage
16 as described in s. 627.7275(2) and present to the appropriate
17 person proof that the coverage is in force on a form
18 promulgated by the Department of Highway Safety and Motor
19 Vehicles, such proof to be maintained for 2 years. If the
20 person does not have a second reinstatement within 3 years
21 after her or his initial reinstatement, the reinstatement fee
22 shall be $150 for the first reinstatement after that 3-year
23 period. In the event that a person's license and registration
24 are suspended pursuant to this section or s. 316.646, only one
25 reinstatement fee shall be paid to reinstate the license and
26 the registration. All fees shall be collected by the
27 Department of Highway Safety and Motor Vehicles at the time of
28 reinstatement. The Department of Highway Safety and Motor
29 Vehicles shall issue proper receipts for such fees and shall
30 promptly deposit those fees in the Highway Safety Operating
31 Trust Fund. One-third of the fee collected under this
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Florida Senate - 1998 CS for SB 1804
306-2049-98
1 subsection shall be distributed from the Highway Safety
2 Operating Trust Fund to the local government entity or state
3 agency which employed the law enforcement officer or the
4 recovery agent who seizes a license plate pursuant to s.
5 324.201 or to s. 324.202. Such funds may be used by the local
6 government entity or state agency for any authorized purpose.
7 (b) One-third of the fee collected for the seizure of
8 a license plate by a recovery agent shall be paid to the
9 recovery agent, and the balance shall remain in the Highway
10 Safety Operating Trust Fund and be distributed pursuant to s.
11 321.245.
12 Section 3. This act shall take effect July 1, 1998.
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14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 SB 1804
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17 The committee substitute provides that speed violation fines
will be doubled for construction zone violations only if
18 construction personnel are present or operating equipment on
the road or immediately adjacent to the road under
19 construction.
20 The committee substitute also provides that existing penalties
for exceeding the posted speed limit in a school zone remain
21 in effect.
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