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House Bill 0737c1

Florida House of Representatives - 1997 CS/HB 737 By the Committee on Transportation and Representatives Hill, Feeney and Heyman 1 A bill to be entitled 2 An act relating to the Department of Highway 3 Safety and Motor Vehicles; amending s. 324.201, 4 F.S.; deleting the requirement that recovery 5 agents notify law enforcement of the tag 6 seizure; amending s. 324.202, F.S.; expanding 7 into additional counties a pilot project that 8 authorizes a recovery agent or recovery agency 9 to seize the license plate of a motor vehicle 10 following suspension of the vehicle's 11 registration or suspension of the driver's 12 license of the owner or operator of the vehicle 13 for failing to maintain personal injury 14 protection; requiring that the department 15 provide procedures for paying fees and 16 transmitting a seized license plate to the 17 local law enforcement agency; requiring the 18 department to report to the Legislature on the 19 results of the pilot project; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (5) of section 324.201, Florida 25 Statutes, is amended to read: 26 324.201 Return of license or registration to 27 department.-- 28 (5) When a recovery agent or recovery agency obtains a 29 seized license plate in accordance with this chapter, local 30 law enforcement agencies must be notified of the recovery 31 within 6 hours after seizure. The recovery agent or recovery 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 737 198-284-97 1 agency shall deliver the license plate to the local law 2 enforcement authorities and obtain a receipt upon delivery of 3 the license plate for claim record purposes with the 4 department pursuant to the procedure prescribed in this 5 section. 6 Section 2. Section 324.202, Florida Statutes, is 7 amended to read: 8 324.202 Seizure of motor vehicle license plates by 9 recovery agents.-- 10 (1) The Department of Highway Safety and Motor 11 Vehicles shall implement a pilot project in Broward County, 12 Charlotte County, Dade County, Duval County, and Hillsborough 13 County, Orange County, and Sarasota County to determine the 14 effectiveness of using recovery agents for the seizure of 15 license plates. On January 1, 1999, October 1, 1996, the 16 department shall provide a report to the President of the 17 Senate, the Speaker of the House of Representatives, the chair 18 of the Senate Commerce Committee, the chair of the House 19 Insurance Committee, and the Majority and Minority Leaders of 20 the Senate and the House of Representatives, on the results of 21 the pilot project. A licensed recovery agent or agents and 22 recovery agency, agencies as described in s. 493.6101(20) and 23 (21), may seize the license plate plates of a motor vehicle if 24 the vehicle's registration or the driver's license of the 25 owner or operator of the vehicle has vehicles whose 26 registrations have been suspended pursuant to s. 316.646 or s. 27 627.733 in such counties, upon compliance with this section 28 and rules of the Department of Highway Safety and Motor 29 Vehicles. 30 (2) The Department of Highway Safety and Motor 31 Vehicles shall: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 737 198-284-97 1 (a) Provide a procedure for the payment of fees to 2 recovery agents or recovery agencies who seize license plates 3 pursuant to this section. This procedure shall include the 4 development and distribution of forms and monthly renewal 5 notices, including the name and most current address available 6 to the department of persons not in compliance with s. 316.646 7 or s. 627.733, which shall be used by the seizing recovery 8 agent or recovery agency to transmit the seized license plate 9 to the local law enforcement agency pursuant to s. 324.201. 10 (b) Provide a method for the payment of the fee in s. 11 627.733(7) to the recovery agent or recovery agency seizing 12 the license plate pursuant to this section. The requirements 13 with respect to payment must provide that when the owner or 14 operator whose driver's license has been suspended under s. 15 316.646 or s. 627.733 pays the reinstatement fee to the 16 Department of Highway Safety and Motor Vehicles, the 17 department shall pay the recovery agent. 18 Section 3. This act shall take effect upon becoming a 19 law. 20 21 22 23 24 25 26 27 28 29 30 31 3