Senate Bill sb0336c1

    Florida Senate - 2003                            CS for SB 336

    By the Committee on Banking and Insurance; and Senators Wise
    and Fasano




    311-1935-03

  1                      A bill to be entitled

  2         An act relating to motor vehicle liability

  3         insurance; amending s. 320.055, F.S.; providing

  4         for a 6-month vehicle registration for persons

  5         reinstating their driver's license that has

  6         been suspended for driving under the influence;

  7         requiring the Department of Highway Safety and

  8         Motor Vehicles to issue 6-month vehicle

  9         registration certificates and validation

10         stickers; specifying the amount of taxes and

11         fees which must be paid; amending s. 324.131,

12         F.S.; requiring persons whose license or

13         registration has been suspended or revoked due

14         to a violation of driving under the influence

15         to maintain, for 3 years, noncancelable

16         liability coverage as described in s.

17         627.7275(2), F.S.; authorizing the Department

18         of Highway Safety and Motor Vehicles to adopt a

19         form for proof of such coverage; amending s.

20         627.7275, F.S., requiring insurers to make

21         available bodily injury and property damage

22         liability coverage that is noncancelable for a

23         certain period; providing an effective date.

24  

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

26  

27         Section 1.  Subsection (1) of section 320.055, Florida

28  Statutes, is amended to read:

29         320.055  Registration periods; renewal periods.--The

30  following registration periods and renewal periods are

31  established:

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    Florida Senate - 2003                            CS for SB 336
    311-1935-03




 1         (1)(a)  For a motor vehicle subject to registration

 2  under s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f),

 3  (6)(a), (7), (8), (9), or (10) and owned by a natural person,

 4  the registration period begins the first day of the birth

 5  month of the owner and ends the last day of the month

 6  immediately preceding the owner's birth month in the

 7  succeeding year.  If such vehicle is registered in the name of

 8  more than one person, the birth month of the person whose name

 9  first appears on the registration shall be used to determine

10  the registration period.  For a vehicle subject to this

11  registration period, the renewal period is the 30-day period

12  ending at midnight on the vehicle owner's date of birth.

13         (b)  Notwithstanding the requirements of paragraph (a),

14  the owner of a motor vehicle subject to paragraph (a), who has

15  had his or her driver's license suspended pursuant to a

16  violation of s. 316.193 or pursuant to s. 324.26(2) for

17  driving under the influence, must obtain a 6-month

18  registration as a condition of reinstating the license,

19  subject to renewal during the 3-year period that financial

20  responsibility requirements apply. The registration period

21  begins the first day of the birth month of the owner and ends

22  the last day of the fifth month immediately following the

23  owner's birth month. For such vehicles, the department shall

24  issue a vehicle registration certificate that is valid for 6

25  months and shall issue a validation sticker that displays an

26  expiration date of 6 months after the date of issuance. The

27  license tax required by s. 320.08 and all other applicable

28  license taxes shall be one-half of the amount otherwise

29  required, except that the service fee required by s. 320.04,

30  shall be paid in full for each 6-month registration.

31  

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    Florida Senate - 2003                            CS for SB 336
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 1         Section 2.  Section 324.131, Florida Statutes, is

 2  amended to read:

 3         324.131  Period of suspension.--Such license,

 4  registration and nonresident's operating privilege shall

 5  remain so suspended and shall not be renewed, nor shall any

 6  such license or registration be thereafter issued in the name

 7  of such person, including any such person not previously

 8  licensed, unless and until every such judgment is stayed,

 9  satisfied in full or to the extent of the limits stated in s.

10  324.021(7) and until the said person gives proof of financial

11  responsibility as provided in s. 324.031, such proof to be

12  maintained for 3 years. In addition, if the person's license

13  or registration has been suspended or revoked due to a

14  violation of s. 316.193, that person must maintain

15  noncancelable liability coverage for each motor vehicle

16  registered in his or her name, as described in s. 627.7275(2),

17  and must present proof that coverage is in force on a form

18  adopted by the Department of Highway Safety and Motor

19  Vehicles, such proof to be maintained for 3 years.

20         Section 3.  Subsection (2) of section 627.7275, Florida

21  Statutes, is amended to read:

22         627.7275  Motor vehicle property damage liability.--

23         (2)(a)  Insurers writing motor vehicle insurance in

24  this state shall make available, subject to the insurers'

25  usual underwriting restrictions:,

26         1.  Coverage under policies as described in subsection

27  (1) of this section to any applicant for private passenger

28  motor vehicle insurance coverage who is seeking the coverage

29  in order to reinstate the applicant's driving privileges in

30  this state when the driving privileges were revoked or

31  

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    Florida Senate - 2003                            CS for SB 336
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 1  suspended pursuant to s. 316.646 or s. 627.733 due to the

 2  failure of the applicant to maintain required security; and.

 3         2.  Coverage under policies as described in subsection

 4  (1) and which also provide liability coverage for bodily

 5  injury, death, and property damage arising out of the

 6  ownership, maintenance, or use of the motor vehicle in an

 7  amount not less than the limits described in s. 324.021(7) and

 8  which conforms to the requirements of s. 324.151.

 9         (b)  The policies described in paragraph (a) policy

10  shall be issued for a period of at least 6 months and as to

11  the minimum coverages required under this section shall not be

12  cancelable by the insured for any reason or by the insurer

13  after a period not to exceed 30 days during which the insurer

14  must complete underwriting of the policy. After the insurer

15  has completed underwriting the policy within the 30-day

16  period, the insurer shall notify the Department of Highway

17  Safety and Motor Vehicles that the policy is in full force and

18  effect and the policy shall not be cancelable for the

19  remainder of the policy period.  A premium shall be collected

20  and coverage shall be in effect for the 30-day period during

21  which the insurer is completing the underwriting of the policy

22  whether or not the person's driver license, motor vehicle tag,

23  and motor vehicle registration are in effect.  Once the

24  noncancelable provisions of the policy become effective, the

25  coverage or risk shall not be changed during the policy period

26  and the premium shall be nonrefundable.  If, during the

27  pendency of the 2-year proof of insurance period required

28  under s. 627.733(7) or during the 3-year proof of financial

29  responsibility required under s. 324.131, whichever is

30  applicable, the insured obtains additional coverage or

31  coverage for an additional risk or changes territories, the

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    Florida Senate - 2003                            CS for SB 336
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 1  insured must obtain a new 6-month noncancelable policy in

 2  accordance with the provisions of this section. However, if

 3  the insured must obtain a new 6-month policy and obtains the

 4  policy from the same insurer, the policyholder shall receive

 5  credit on the new policy for any premium paid on the

 6  previously issued policy.

 7         (c)(b)  The provisions of This subsection controls

 8  shall control to the extent of any conflict with any other

 9  section.

10         Section 4.  This act shall take effect October 1, 2003.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 336

14                                 

15  The Committee Substitute:

16  Amends s. 320.055, F.S., to require an owner of a motor
    vehicle whose driver's license has been suspended for driving
17  under the influence (DUI) to obtain a 6-month vehicle
    registration as a condition of licensure reinstatement.
18  Requires the Department of Highway Safety and Motor Vehicles
    to issue a 6-month vehicle registration certificate and
19  validation sticker. Prorates the annual license taxes but
    requires the full service fee required by s. 320.04, F.S., for
20  each 6-month registration.

21  Amends s. 324.131, F.S., to require a person to obtain a
    6-month noncancelable motor vehicle liability policy as a
22  condition of reinstating a driver's license and registration
    that were suspended or revoked due to a violation of DUI, to
23  be maintained for 3 years.

24  Amends s. 627.7275, F.S., to require insurers to make
    available 6-month, noncancelable liability policies, subject
25  to underwriting restrictions.

26  

27  

28  

29  

30  

31  

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