House Bill 3275er

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    ENROLLED

    1998 Legislature                      HB 3275, Third Engrossed



  1

  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 against whom a warrant or capias is

  6         issued in a worthless check case; creating s.

  7         832.10, F.S.; providing for the state attorney

  8         to use a private debt collector or independent

  9         contractor for 90 days to collect worthless

10         checks; providing for the case to be referred

11         back to the state attorney if the worthless

12         check is not collected in the time allowed;

13         creating s. 832.10, F.S.; providing an

14         alternative to the bad check diversion program;

15         providing fees for collection; amending s.

16         322.251, F.S.; providing for notification;

17         providing for conditions for reinstatement;

18         providing a fee; directing the Department of

19         Highway Safety and Motor Vehicles and the

20         Department of Law Enforcement to develop and

21         implement a plan; amending s. 322.142, relating

22         to records of the Department of Highway Safety

23         and Motor Vehicles; providing an appropriation;

24         amending s. 318.18, F.S.; rescinding the fine

25         for speeds exceeding the limit by 1-5 m.p.h.

26         and replacing the fine with a warning;

27         providing that fines for construction zone

28         speed violations shall be doubled only under

29         certain circumstances; amending s. 320.07,

30         F.S.; revising penalties for expiration of

31         registration; amending s. 322.26, F.S.;


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  1         providing for permanent revocation of a

  2         driver's license for murder resulting from the

  3         operation of a motor vehicle, DUI manslaughter

  4         where the conviction represents a subsequent

  5         DUI-related conviction, or four or more DUI

  6         violations; amending s. 322.271, F.S.;

  7         providing for petition for reinstatement under

  8         certain circumstances; amending s. 322.28,

  9         F.S.; revising provisions with respect to the

10         period of suspension or revocation; conforming

11         current provisions to the act; creating s.

12         322.283, F.S.; providing for the commencement

13         of the period of suspension or revocation for

14         incarcerated offenders; providing for

15         notification to the Department of Highway

16         Safety and Motor Vehicles; amending s. 322.34,

17         F.S.; providing that the element of knowledge

18         with respect to the suspension, revocation,

19         cancellation, or disqualification is satisfied

20         when certain notice is sent; creating s.

21         322.341, F.S.; providing penalties for driving

22         while a license is permanently revoked;

23         amending s. 627.733, F.S.; deleting a provision

24         for revoking the driver's license of an owner

25         or registrant of a motor vehicle who does not

26         provide required security for that vehicle;

27         providing effective dates.

28

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

30

31


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  1         Section 1.  Section 832.09, Florida Statutes, is

  2  created to read:

  3         832.09  Suspension of driver license after warrant or

  4  capias is issued in worthless check case.--

  5         (1)  Any person who is being prosecuted for passing a

  6  worthless check in violation of s. 832.05, who fails to appear

  7  before the court and against whom a warrant or capias for

  8  failure to appear is issued by the court shall have his or her

  9  driver's license suspended or revoked pursuant to s. 322.251.

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

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

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

13  notify the Department of Highway Safety and Motor Vehicles by

14  the most efficient method available of the action of the

15  court.

16         Section 2.  Section 832.10, Florida Statutes, is

17  created to read:

18         832.10  Alternative to bad check diversion program;

19  fees for collection.--

20         (1)  Prior to presenting a complaint about a dishonored

21  check to a state attorney, a payee on such bad check may place

22  or assign the debt evidenced by the bad check for collection

23  pursuant to this section by a private debt collector

24  registered under part VI, chapter 559, Florida Statutes.

25         (2)  Upon such placement or assignment the payee shall

26  be entitled to add a collection fee to offset the cost of

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

28  check service charges authorized by law. The collection fee

29  payable to the debt collector shall be a reasonable fee in

30  accord with industry standards, based upon the total amount

31  collected.


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  1         (3)  Unless extended by the payee, the debt collector

  2  shall have 90 days from the date of placement or assignment of

  3  the debt for collection within which to collect the amount of

  4  the bad check, applicable bad debt charges, and the

  5  collector's collection fee. Upon the expiration of such 90 day

  6  period and any extensions thereof, the payee then may present

  7  a complaint to the appropriate state attorney. The debt

  8  collector may continue to try to collect the debt, provided

  9  such collection effort does not impede the prosecution or

10  other disposition of the case by the state attorney.

11         (4)  The debt collector may not compromise the amount

12  to be collected without the express consent of the payee of

13  the check. The debt collector shall remit to the payee the

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

15  total amount collected.

16         (5)  The use of such debt collector shall not affect

17  the authority of the state attorney to prosecute any person

18  for any violation of s. 832.04, s. 832.041, s. 832.05, or s.

19  832.06. The use of this section by a payee on a bad check

20  shall not affect the rights of the payee, other than as set

21  forth in this section, to present a complaint to the

22  appropriate state attorney.

23         Section 3.  Subsection (7) is added to section 322.251,

24  Florida Statutes, to read:

25         322.251  Notice of cancellation, suspension,

26  revocation, or disqualification of license.--

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

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

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

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

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


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  1  whose driving privilege is suspended or revoked under this

  2  subsection shall not have his or her driving privilege

  3  reinstated for any reason other than:

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

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

  6  pursuant to s. 832.09;

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

  8  Department of Law Enforcement recorded by the entering agency;

  9  and

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

11  Department of Highway Safety and Motor Vehicles to be paid

12  into the Highway Safety Operating Trust Fund; or

13         4.  The department has modified the suspension or

14  revocation of the license pursuant to s. 322.271 restoring the

15  driving privilege solely for business or employment purposes.

16         (b)  The Department of Law Enforcement shall provide

17  electronic access to the department for the purpose of

18  identifying any person who is the subject of an outstanding

19  warrant or capias for passing worthless bank checks.

20         (c)  The Department of Highway Safety and Motor

21  Vehicles and the Department of Law Enforcement shall develop

22  and implement a plan to ensure the identification of any

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

24  for passing worthless bank checks and to ensure the

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

26         Section 4.  Subsections (5) and (6) are added to

27  Section 322.142, Florida Statutes, to read:

28         Section 322.142  Color photographic or digital imaged

29  licenses.--

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

31  department may sell copies of photographs, electronically


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

  2  license and state identification card information on file,

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

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

  5  but not limited to, use in mechanisms intended to prevent the

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

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

  8  such photographs, electronically stored photographs, or

  9  digitized images obtained pursuant to this subsection is

10  limited to the verification of the identity of the holder of

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

12  uses, and may not be used for any other purpose.

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

14  department may sell copies of photographs, electronically

15  stored photographs, or digitized images maintained by the

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

17  applicant:

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

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

20  department, describing how the applicant will use such

21  photographs, electronically stored photographs, or digitized

22  images for the prevention of fraud; and

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

24  electronically stored photographs, or digitized images.  The

25  department shall establish a fee for providing copies of such

26  photographs, electronically stored photographs, or digitized

27  images and all fees collected pursuant to this subsection

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

29  providing such copies to an applicant.

30

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  1         Section 5.  $35,000 is hereby appropriated from the

  2  Highway Safety Operating Trust fund to implement the

  3  provisions of this legislation.

  4         Section 6.  Subsection (3) of section 318.18, Florida

  5  Statutes, is amended to read:

  6         318.18  Amount of civil penalties.--The penalties

  7  required for a noncriminal disposition pursuant to s. 318.14

  8  are as follows:

  9         (3)(a)  Except as otherwise provided in this section,

10  $60 for all moving violations not requiring a mandatory

11  appearance.

12         (b)  For moving violations involving unlawful speed,

13  the fines are as follows:

14

15  For speed exceeding the limit by:                        Fine:

16  1-5 m.p.h..............................................Warning

17  6-9 1-9 m.p.h.............................................$ 25

18  10-14 m.p.h...............................................$100

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

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

21  30 m.p.h. and above.......................................$250

22

23         (c)  Notwithstanding paragraph (b), a person cited for

24  exceeding the speed limit by up to 5 m.p.h. in a legally

25  posted school zone will be fined $50. A person exceeding the

26  speed limit in a school zone will be assessed a fine double

27  the amount listed in paragraph (b).

28         (d)  A person cited for exceeding the speed limit in or

29  a posted construction zone will be assessed a fine double the

30  amount listed in paragraph (b). The fine shall be doubled for

31  construction zone violations only if construction personnel


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  1  are present or operating equipment on the road or immediately

  2  adjacent to the road under construction.

  3         (e)(d)  If a violation of s. 316.1301 or s. 316.1303

  4  results in an injury to the pedestrian or damage to the

  5  property of the pedestrian, an additional fine of up to $250

  6  must be assessed.  This amount must be distributed pursuant to

  7  s. 318.21.

  8         Section 7.  Subsection (3) of section 320.07, Florida

  9  Statutes, is amended to read:

10         320.07  Expiration of registration; annual renewal

11  required; penalties.--

12         (3)  The operation of any motor vehicle without having

13  attached thereto a registration license plate and validation

14  stickers, or the use of any mobile home without having

15  attached thereto a mobile home sticker, for the current

16  registration period shall subject the owner thereof, if he or

17  she is present, or, if the owner is not present, the operator

18  thereof to the following penalty provisions:

19         (a)  Any person whose motor vehicle or mobile home

20  registration has been expired for a period of 6 months or less

21  shall be subject to the penalty provided in s. 318.14.

22         (b)  Any person whose motor vehicle or mobile home

23  registration has been expired for more than 6 months shall

24  upon a first offense be subject to the penalty provided in s.

25  318.14.

26         (c)(b)  Any person whose motor vehicle or mobile home

27  registration has been expired for more than 6 months shall

28  upon a second or subsequent offense be is guilty of a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083.

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  1         (d)(c)  However, no operator shall be charged with a

  2  violation of this subsection if the operator can show,

  3  pursuant to a valid lease agreement, that the vehicle had been

  4  leased for a period of 30 days or less at the time of the

  5  offense.

  6         Section 8.  Subsections (1) and (2) of section 322.26,

  7  Florida Statutes, are amended to read:

  8         322.26  Mandatory revocation of license by

  9  department.--The department shall forthwith revoke the license

10  or driving privilege of any person upon receiving a record of

11  such person's conviction of any of the following offenses:

12         (1)(a)  Murder resulting from the operation of a motor

13  vehicle, DUI manslaughter where the conviction represents a

14  subsequent DUI-related conviction, or a fourth violation of s.

15  316.193 or former s. 316.1931. For such cases, the revocation

16  of the driver's license or driving privilege shall be

17  permanent.

18         (b)  Manslaughter resulting from the operation of a

19  motor vehicle.

20         (2)  Driving a motor vehicle or being in actual

21  physical control thereof, or entering a plea of nolo

22  contendere, said plea being accepted by the court and said

23  court entering a fine or sentence to a charge of driving,

24  while under the influence of alcoholic beverages or a

25  substance controlled under chapter 893, or being in actual

26  physical control of a motor vehicle while under the influence

27  of alcoholic beverages or a substance controlled under chapter

28  893.  In any case where DUI manslaughter occurs and the person

29  has no prior convictions for DUI-related offenses, the

30  revocation of the license or driving privilege shall be

31  permanent, except as provided for in s. 322.271(4).


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  1         Section 9.  Paragraph (b) of subsection (1) and

  2  subsection (4) of section 322.271, Florida Statutes, are

  3  amended to read:

  4         322.271  Authority to modify revocation, cancellation,

  5  or suspension order.--

  6         (1)

  7         (b)  A person whose driving privilege has been revoked

  8  under s. 322.27(5) may, upon expiration of 12 months from the

  9  date of such revocation, petition the department for

10  reinstatement restoration of his or her driving privilege.

11  Upon such petition and after investigation of the person's

12  qualification, fitness, and need to drive, the department

13  shall hold a hearing pursuant to chapter 120 to determine

14  whether the driving privilege shall be reinstated restored on

15  a restricted basis solely for business or employment purposes.

16         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

17  a person whose driving privilege has been permanently revoked

18  because he or she has been convicted four times of violating

19  s. 316.193 or former s. 316.1931 or because he or she has been

20  convicted of DUI manslaughter in violation of s. 316.193 and

21  has no prior convictions for DUI-related offenses may, upon

22  the expiration of 5 years after the date of such revocation or

23  the expiration of 5 years after the termination of any term of

24  incarceration under s. 316.193 or former s. 316.1931,

25  whichever date is later, petition the department for

26  reinstatement of his or her driving privilege.

27         (a)  Within 30 days after the receipt of such a

28  petition, the department shall afford the petitioner an

29  opportunity for a hearing.  At the hearing, the petitioner

30  must demonstrate to the department that he or she:

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  1         1.  Has not been arrested for a drug-related offense

  2  during the 5 years preceding the filing of the petition;

  3         2.  Has not driven a motor vehicle without a license

  4  for at least 5 years prior to the hearing;

  5         3.  Has been drug-free for at least 5 years prior to

  6  the hearing; and

  7         4.  Has completed a DUI program licensed by the

  8  department.

  9         (b)  At such hearing, the department shall determine

10  the petitioner's qualification, fitness, and need to drive.

11  Upon such determination, the department may, in its

12  discretion, reinstate the driver's license of the petitioner.

13  Such reinstatement must be made subject to the following

14  qualifications:

15         1.  The license must be restricted for employment

16  purposes for not less than 1 year; and

17         2.  Such person must be supervised by a DUI program

18  licensed by the department and report to the program for such

19  supervision and education at least four times a year or

20  additionally as required by the program for the remainder of

21  the revocation period.  Such supervision shall include

22  evaluation, education, referral into treatment, and other

23  activities required by the department.

24         (c)  Such person must assume the reasonable costs of

25  supervision.  If such person fails to comply with the required

26  supervision, the program shall report the failure to the

27  department, and the department shall cancel such person's

28  driving privilege.

29         (d)  If, after reinstatement, such person is convicted

30  of an offense for which mandatory revocation of his or her

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  1  license is required, the department shall revoke his or her

  2  driving privilege.

  3         (e)  The department shall adopt rules regulating the

  4  providing of services by DUI programs pursuant to this

  5  section.

  6         Section 10.  Paragraph (e) of subsection (2) of section

  7  322.28, Florida Statutes, is amended, present subsections (3),

  8  (4), (6), and (8) of that section are redesignated as

  9  subsections (4), (5), (7), and (9), respectively, present

10  subsection (5) of that section is redesignated as subsection

11  (6) and amended, and a new subsection (3) is added to that

12  section, to read:

13         322.28  Period of suspension or revocation.--

14         (2)  In a prosecution for a violation of s. 316.193 or

15  former s. 316.1931, the following provisions apply:

16         (e)  The court shall permanently revoke the driver's

17  license or driving privilege of a person who has been

18  convicted four times for violation of s. 316.193 or former s.

19  316.1931 or a combination of such sections.  The court shall

20  permanently revoke the driver's license or driving privilege

21  of any person who has been convicted of DUI manslaughter in

22  violation of s. 316.193.  If the court has not permanently

23  revoked such driver's license or driving privilege within 30

24  days after imposing sentence, the department shall permanently

25  revoke the driver's license or driving privilege pursuant to

26  this paragraph.  No driver's license or driving privilege may

27  be issued or granted to any such person. This paragraph

28  applies only if at least one of the convictions for violation

29  of s. 316.193 or former s. 316.1931 was for a violation that

30  occurred after July 1, 1982.  For the purposes of this

31  paragraph, a conviction for violation of former s. 316.028,


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  1  former s. 316.1931, or former s. 860.01 is also considered a

  2  conviction for violation of s. 316.193.  Also, a conviction of

  3  driving under the influence, driving while intoxicated,

  4  driving with an unlawful blood-alcohol level, or any other

  5  similar alcohol-related or drug-related traffic offense

  6  outside this state is considered a conviction for the purposes

  7  of this paragraph.

  8         (3)  The court shall permanently revoke the driver's

  9  license or driving privilege of a person who has been

10  convicted of murder resulting from the operation of a motor

11  vehicle. No driver's license or driving privilege may be

12  issued or granted to any such person.

13         (4)(3)  Upon the conviction of a person for a violation

14  of s. 322.34, the license or driving privilege, if suspended,

15  shall be suspended for 3 months in addition to the period of

16  suspension previously imposed and, if revoked, the time after

17  which a new license may be issued shall be delayed 3 months.

18         (5)(4)  If, in any case arising under this section, a

19  licensee, after having been given notice of suspension or

20  revocation of his or her license in the manner provided in s.

21  322.251, fails to surrender to the department a license

22  theretofore suspended or revoked, as required by s. 322.29, or

23  fails otherwise to account for the license to the satisfaction

24  of the department, the period of suspension of the license, or

25  the period required to elapse after revocation before a new

26  license may be issued, shall be extended until, and shall not

27  expire until, a period has elapsed after the date of surrender

28  of the license, or after the date of expiration of the

29  license, whichever occurs first, which is identical in length

30  with the original period of suspension or revocation.

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  1         (6)(5)(a)  Upon a conviction for a violation of s.

  2  316.193(3)(c)2., involving serious bodily injury, a conviction

  3  of manslaughter resulting from the operation of a motor

  4  vehicle, or a conviction of vehicular homicide, the court

  5  shall revoke the driver's license of the person convicted for

  6  a minimum period of 3 years if death to any other person

  7  resulted from the operation of a motor vehicle by such driver.

  8  In the event that a conviction under s. 316.193(3)(c)2.,

  9  involving serious bodily injury, is also a subsequent

10  conviction as described under paragraph (2)(a), the court

11  shall revoke the driver's license or driving privilege of the

12  person convicted for the period applicable as provided in

13  paragraph (2)(a) or paragraph (2)(e).

14         (b)  If the period of revocation was not specified by

15  the court at the time of imposing sentence or within 30 days

16  thereafter, the department shall revoke the driver's license

17  for the minimum period applicable under paragraph (a) or, for

18  a subsequent conviction, for the minimum period applicable

19  under paragraph (2)(a) or paragraph (2)(e).

20         (7)(6)  No administrative suspension of a driving

21  privilege under s. 322.2615 shall be stayed upon a request for

22  review of the departmental order that resulted in such

23  suspension and, except as provided in former s. 322.261, no

24  suspension or revocation of a driving privilege shall be

25  stayed upon an appeal of the conviction or order that resulted

26  therein.

27         (8)(7)  In a prosecution for a violation of s.

28  316.172(1), and upon a showing of the department's records

29  that the licensee has received a second conviction within a

30  period of 5 years from the date of a prior conviction of s.

31  316.172(1), the department shall, upon direction of the court,


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  1  suspend the driver's license of the person convicted for a

  2  period of not less than 90 days nor more than 6 months.

  3         Section 11.  Section 322.283, Florida Statutes, is

  4  created to read:

  5         322.283  Commencement of period of suspension or

  6  revocation for incarcerated offenders.--

  7         (1)  When the court in a criminal traffic case orders

  8  the defendant to serve a term of incarceration or imprisonment

  9  and also suspends or revokes the defendant's driver's license

10  as a result of the offense, the period of suspension or

11  revocation shall commence upon the defendant's release from

12  incarceration. For purposes of calculating the defendant's

13  eligibility for reinstatement of his or her driver's license

14  or driving privilege under this section, the date of the

15  defendant's release from incarceration shall be deemed the

16  date the suspension or revocation period was imposed.

17         (2)  For defendants convicted of a criminal traffic

18  offense and sentenced to imprisonment with the Department of

19  Corrections, the Department of Corrections shall notify the

20  Department of Highway Safety and Motor Vehicles of the date of

21  the defendant's release from prison or other state

22  correctional facility. For defendants convicted of a criminal

23  traffic offense and sentenced to incarceration within the

24  jurisdictional county jail or other correctional facility

25  operated by the jurisdictional county, the sheriff of the

26  jurisdictional county wherein the defendant is incarcerated

27  shall notify the Department of Highway Safety and Motor

28  Vehicles of the date of the defendant's release from the

29  county jail or other correctional facility. The notification

30  of a defendant's release from incarceration shall be on a form

31  approved by the Department of Highway Safety and Motor


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  1  Vehicles. This subsection applies only to those defendants who

  2  have had their driver's license or driving privilege suspended

  3  or revoked as a result of the offense for which they are

  4  incarcerated or imprisoned.

  5         Section 12.  Subsection (2) of section 322.34, Florida

  6  Statutes, is amended to read:

  7         322.34  Driving while license suspended, revoked,

  8  canceled, or disqualified.--

  9         (2)  Any person whose driver's license or driving

10  privilege has been canceled, suspended, or revoked as provided

11  by law, except persons defined in s. 322.264, who, knowing of

12  such cancellation, suspension, or revocation, drives any motor

13  vehicle upon the highways of this state while such license or

14  privilege is canceled, suspended, or revoked, upon:

15         (a)  A first conviction is guilty of a misdemeanor of

16  the second degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         (b)  A second conviction is guilty of a misdemeanor of

19  the first degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         (c)  A third or subsequent conviction is guilty of a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084.

24

25  The element of knowledge is satisfied if the person has been

26  previously cited as provided in subsection (1); or the person

27  admits to knowledge of the cancellation, suspension, or

28  revocation; or the person received notice as provided in

29  subsection (4). There shall be a rebuttable presumption that

30  the knowledge requirement is satisfied if a judgment or order

31  as provided in subsection (4) appears in the department's


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  1  records for any case except for one involving a suspension by

  2  the department for failure to pay a traffic fine or for a

  3  financial responsibility violation.

  4         Section 13.  Section 322.341, Florida Statutes, is

  5  created to read:

  6         322.341  Driving while license permanently

  7  revoked.--Any person whose driver's license or driving

  8  privilege has been permanently revoked pursuant to s. 322.26

  9  or s. 322.28 and who drives a motor vehicle upon the highways

10  of this state is guilty of a felony of the third degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084.

13         Section 14.  Effective July 1, 2000, subsections (6)

14  and (7) of section 627.733, Florida Statutes, are amended to

15  read:

16         627.733  Required security.--

17         (6)  The Department of Highway Safety and Motor

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

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

20  or registrant of a motor vehicle with respect to which

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

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

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

24  and effect when required security complying with the terms of

25  this section; or

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

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

28  the department, of cancellation or termination of the required

29  security.

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

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


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  1  316.646 may effect its reinstatement upon compliance with the

  2  requirements of this section and upon payment to the

  3  Department of Highway Safety and Motor Vehicles of a

  4  nonrefundable reinstatement fee of $150 for the first

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

  6  second reinstatement and $500 for each subsequent

  7  reinstatement during the 3 years following the first

  8  reinstatement. Any person reinstating her or his insurance

  9  under this subsection must also secure noncancelable coverage

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

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

12  promulgated by the Department of Highway Safety and Motor

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

14  person does not have a second reinstatement within 3 years

15  after her or his initial reinstatement, the reinstatement fee

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

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

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

19  reinstatement fee shall be paid to reinstate the license and

20  the registration.  All fees shall be collected by the

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

22  reinstatement.  The Department of Highway Safety and Motor

23  Vehicles shall issue proper receipts for such fees and shall

24  promptly deposit those fees in the Highway Safety Operating

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

26  subsection shall be distributed from the Highway Safety

27  Operating Trust Fund to the local government entity or state

28  agency which employed the law enforcement officer or the

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

30  324.201 or to s. 324.202.  Such funds may be used by the local

31  government entity or state agency for any authorized purpose.


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

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

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

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

  5  321.245.

  6         Section 15.  This act shall take effect July 1 of the

  7  year in which enacted.

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