Senate Bill 0190e1

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    CS for SB 190                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to worthless checks; creating

  3         s. 832.09, F.S.; providing for the suspension

  4         of a driver's license with respect to certain

  5         persons who do not fulfill an agreement for a

  6         bad check diversion program or against whom a

  7         warrant or capias is issued in a worthless

  8         check case; amending s. 322.251, F.S.;

  9         providing for notification; providing for

10         conditions for reinstatement; providing a fee;

11         directing the Department of Highway Safety and

12         Motor Vehicles and the Department of Law

13         Enforcement to develop and implement a plan;

14         amending s. 322.142, F.S.; allowing the

15         Department of Highway Safety and Motor Vehicles

16         to sell copies of certain records of the

17         department; creating s. 832.10, F.S.; providing

18         for the use of private debt collectors;

19         providing an effective date.

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

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23         Section 1.  Section 832.09, Florida Statutes, is

24  created to read:

25         832.09  Suspension of driver license after warrant or

26  capias is issued in worthless check case.--

27         (1)  Any person who does not fulfill the agreements for

28  a bad check diversion program pursuant to s. 832.08 or who is

29  being prosecuted for passing a worthless check in violation of

30  s. 832.05, who fails to appear before the court and against

31  whom a warrant or capias for failure to appear is issued by


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    CS for SB 190                                  First Engrossed



  1  the court shall have his or her driver's license suspended or

  2  revoked pursuant to s. 322.251.

  3         (2)  Within 5 working days after the issuance of a

  4  warrant or capias for failure to appear the clerk of the court

  5  in the county where the warrant or capias is issued, shall

  6  notify the Department of Highway Safety and Motor Vehicles by

  7  the most efficient method available of the action of the

  8  court.

  9         Section 2.  Subsection (7) is added to section 322.251,

10  Florida Statutes, to read:

11         322.251  Notice of cancellation, suspension,

12  revocation, or disqualification of license.--

13         (7)(a)  A person whose driving privilege is suspended

14  or revoked pursuant to s. 832.09 shall be notified, pursuant

15  to this section, and the notification shall direct the person

16  to surrender himself or herself to the sheriff who entered the

17  warrant to satisfy the conditions of the warrant. A person

18  whose driving privilege is suspended or revoked under this

19  subsection shall not have his or her driving privilege

20  reinstated for any reason other than:

21         1.  Full payment of any restitution, court costs, and

22  fees incurred as a result of a warrant or capias being issued

23  pursuant to s. 832.09.

24         2.  The cancellation of the warrant or capias from the

25  Department of Law Enforcement recorded by the entering agency.

26         3.  The payment of an additional fee of $10 to the

27  Department of Highway Safety and Motor Vehicles to be paid

28  into the Highway Safety Operating Trust Fund.

29         (b)  The Department of Law Enforcement shall provide

30  electronic access to the department for the purpose of

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    CS for SB 190                                  First Engrossed



  1  identifying any person who is the subject of an outstanding

  2  warrant or capias for passing worthless bank checks.

  3         (c)  The Department of Highway Safety and Motor

  4  Vehicles and the Department of Law Enforcement shall develop

  5  and implement a plan to ensure the identification of any

  6  person who is the subject of an outstanding warrant or capias

  7  for passing worthless bank checks and to ensure the

  8  identification of the person's driver's license record.

  9         Section 3.  Subsections (5) and (6) are added to

10  section 322.142, Florida Statutes, to read:

11         322.142  Color photographic or digital imaged

12  licenses.--

13         (5)  Notwithstanding any other provisions of law, the

14  department may sell copies of photographs, electronically

15  stored photographs, or digitized images and other driver's

16  license and state identification card information on file,

17  which are recorded and maintained as required, if such items

18  are to be used solely for the prevention of fraud, including,

19  but not limited to, use in mechanism intended to prevent the

20  fraudulent use of credit cards, debit cards, or checks or

21  fraud in other forms of financial transactions. The use of

22  such photographs, electronically stored photographs, or

23  digitized images obtained pursuant to this subsection is

24  limited to the verification of the identity of the holder of

25  an account, other form of identification, or other similar

26  uses and may not be used for any other purpose.

27         (6)  Notwithstanding any other provisions of law, the

28  department may sell copies of photographs, electronically

29  stored photographs, or digitized images maintained by the

30  department as required, upon receipt of the following from an

31  applicant:


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    CS for SB 190                                  First Engrossed



  1         (a)  Proof of the identity of the applicant;

  2         (b)  A declaration, in such form as is required by the

  3  department, describing how the applicant will use such

  4  photographs, electronically stored photographs, or digitized

  5  images for the prevention of fraud; and

  6         (c)  Payment of a fee for the photographs,

  7  electronically stored photographs, or digitized images. The

  8  department shall establish a fee for providing copies of such

  9  photographs, electronically stored photographs, or digitized

10  images and all fees collected pursuant to this subsection

11  shall be used to defray the costs of the department in

12  providing such copies to an applicant.

13         Section 4.  Section 832.10, Florida Statutes, is

14  created to read:

15         832.10  Alternative to bad check diversion program;

16  fees for collection.--

17         (1)  In lieu of referring a complaint to a bad check

18  diversion program, the state attorney may initiate a debt

19  collection process involving collection by a private debt

20  collector registered under part VI of chapter 559, for the

21  purpose of diverting from prosecution certain persons accused

22  of a violation of s. 832.04, s. 832.041, s. 832.05, or s.

23  832.06. The use of such debt collector shall not affect the

24  authority of the state attorney to prosecute any person for

25  any such violation.

26         (2)  Upon receipt of the notification from the state

27  attorney initiating the debt collection process authorized by

28  this section, the payee on the bad check shall place or assign

29  the debt evidenced by the bad check for collection by such

30  debt collector. Upon such placement or assignment, the payee

31  is entitled to add a collection fee to offset the cost of


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    CS for SB 190                                  First Engrossed



  1  collection. This collection fee is in addition to the bad

  2  check service charges authorized by law. The collection fee

  3  payable to the debt collector must be a reasonable fee in

  4  accordance with industry standards and based upon the total

  5  amount collected.

  6         (3)  Unless extended by the state attorney, the debt

  7  collector shall have 90 days after the date of placement or

  8  assignment of the debt for collection within which to collect

  9  the amount of the bad check, applicable bad debt charges, and

10  the collector's collection fee. Upon the expiration of the

11  90-day period and any extensions thereof, the state attorney

12  shall proceed with prosecution or other disposition of the

13  case. The debt collector may continue to try to collect the

14  debt, provided that such collection effort does not impede the

15  prosecution or other disposition of the case by the state

16  attorney. The debt collector shall remit to the payee the

17  amount collected less the collector's fee percentage on the

18  total amount collected.

19         (4)  The debt collector may compromise the amount to be

20  collected only with the express consent of the payee of the

21  check.

22         Section 5.  This act shall take effect July 1, 1998.

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