Senate Bill sb1496

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    Florida Senate - 2004                                  SB 1496

    By the Committee on Transportation





    306-1138-04

  1                      A bill to be entitled

  2         An act relating to driver responsibility;

  3         creating s. 322.75, F.S.; providing a short

  4         title; creating s. 322.751, F.S.; directing the

  5         Department of Highway Safety and Motor Vehicles

  6         to assess specified annual surcharges against a

  7         motor vehicle licensee who accumulates six or

  8         more points against his or her license within

  9         the previous 36 months; requiring the

10         department to notify a licensee by first-class

11         mail upon receipt of five points against his or

12         her license; creating s. 322.7515, F.S.;

13         directing the department to assess specified

14         annual surcharges against motor vehicle

15         licensees who have a final conviction within

16         the previous 36 months for a DUI offense;

17         creating s. 322.752, F.S.; directing the

18         department to assess specified annual

19         surcharges against motor vehicle licensees who

20         have been convicted of driving without a

21         license or without insurance within the

22         previous 36 months; creating s. 322.7525, F.S.;

23         requiring the department to notify licensees of

24         the surcharges and the time period in which to

25         pay the surcharges; creating s. 322.753, F.S.;

26         requiring the department to accept installment

27         payments for the surcharges; providing

28         sanctions for a licensee's failure to pay an

29         installment; allowing the department to permit

30         licensees to pay assessed surcharges with

31         credit cards; requiring the department to

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    Florida Senate - 2004                                  SB 1496
    306-1138-04




 1         suspend a driver's license if the licensee does

 2         not pay the surcharge or arrange for

 3         installment payments within a specified time

 4         after the notice of surcharge is sent; creating

 5         s. 322.7535, F.S.; authorizing the department

 6         to enter into a contract with a public or

 7         private vendor for the collection of specified

 8         annual surcharges; providing an effective date.

 9  

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

11  

12         Section 1.  Section 322.75, Florida Statutes, is

13  created to read:

14         322.75  Short title.--Sections 322.75-322.7535 may be

15  cited as "Florida's Driver Responsibility Law."

16         Section 2.  Section 322.751, Florida Statutes, is

17  created to read:

18         322.751  Annual surcharge for points.--

19         (1)  Each year the department shall assess a surcharge

20  on each person who has accumulated six or more points against

21  his or her driver's license during the preceding 36-month

22  period.

23         (2)  The amount of a surcharge under this section is

24  $100 for the first six points and $25 for each additional

25  point.

26         (3)  The department shall notify the holder of a

27  driver's license of the assignment of a fifth point on that

28  license by first-class mail sent to the person's most recent

29  address as shown on the records of the department.

30         (4)  This section does not apply to a conviction that

31  becomes final before July 1, 2004.

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    Florida Senate - 2004                                  SB 1496
    306-1138-04




 1         Section 3.  Section 322.7515, Florida Statutes, is

 2  created to read:

 3         322.7515  Surcharge for conviction of driving under the

 4  influence.--

 5         (1)  Each year the department shall assess a surcharge

 6  on each person who has a final conviction during the preceding

 7  36-month period for an offense relating to s. 316.193.

 8         (2)  The amount of a surcharge under this section is

 9  $1,000 per year, except that the amount of the surcharge is:

10         (a)  One thousand five hundred dollars per year for a

11  second or subsequent conviction within a 36-month period; and

12         (b)  Two thousand dollars for a first or subsequent

13  conviction if the blood-alcohol level of the person was 0.20

14  or higher at the time the analysis was performed.

15         (3)  A surcharge under this section for the same

16  conviction may not be assessed in more than 3 years.

17         (4)  This section does not apply to a conviction that

18  becomes final before July 1, 2004.

19         Section 4.  Section 322.752, Florida Statutes, is

20  created to read:

21         322.752  Surcharge for conviction of driving without a

22  license or without financial responsibility.--

23         (1)  Each year the department shall assess a surcharge

24  on each person who has a final conviction during the preceding

25  36-month period for an offense relating to s. 322.03, s.

26  322.065, s. 324.021, or s. 627.733.

27         (2)  The amount of a surcharge under this section is

28  $250 per year.

29         (3)  This section does not apply to a conviction that

30  becomes final before July 1, 2004.

31  

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    Florida Senate - 2004                                  SB 1496
    306-1138-04




 1         Section 5.  Section 322.7525, Florida Statutes, is

 2  created to read:

 3         322.7525  Notice of surcharge.--

 4         (1)  The department shall notify the holder of a

 5  driver's license of the assessment of a surcharge on that

 6  license by first-class mail sent to the person's most recent

 7  address as shown on the records of the department. The notice

 8  must specify the date by which the surcharge must be paid and

 9  and state the consequences of a failure to pay the surcharge.

10         (2)  If, before the 30th day after the date the

11  department sends a notice under Florida's Driver

12  Responsibility Law, the person fails to pay the amount of a

13  surcharge on the person's license or fails to enter into an

14  installment payment agreement with the department, the license

15  of the person is automatically suspended.

16         (3)  A license suspended under this section remains

17  suspended until the person pays the amount of the surcharge

18  and any related costs.

19         Section 6.  Section 322.753, Florida Statutes, is

20  created to read:

21         322.753  Installment payment of surcharges.--

22         (1)  The department shall by rule provide for the

23  payment of a surcharge in installments.

24         (2)  A rule under this section:

25         (a)  May not permit a person to pay a surcharge:

26         1.  Of less than $2,300 over a period of more than 12

27  consecutive months; or

28         2.  Of $2,300 or more over a period of more than 24

29  consecutive months.

30  

31  

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    Florida Senate - 2004                                  SB 1496
    306-1138-04




 1         (b)  May provide that if the person fails to make a

 2  required installment payment, the department may declare the

 3  amount of the unpaid surcharge immediately due and payable.

 4         (3)  The department may by rule authorize the payment

 5  of a surcharge by use of a credit card. The rules shall

 6  require the person to pay all costs incurred by the department

 7  in connection with the acceptance of the credit card.

 8         (4)  If a person pays a surcharge or related cost by

 9  credit card and the amount is subsequently reversed by the

10  issuer of the credit card, the license of that person is

11  automatically suspended.

12         (5)  A license suspended under this section remains

13  suspended until the person pays the amount of the surcharge

14  and any related costs.

15         Section 7.  Section 322.7535, Florida Statutes, is

16  created to read:

17         322.7535  Contracts for collection of surcharges.--The

18  department may enter into a contract with a public or private

19  vendor for the collection of surcharges receivable under this

20  chapter.

21         Section 8.  This act shall take effect July 1, 2004.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Creates the "Florida's Driver Responsibility Law."
      Imposes surcharges against any motor vehicle licensee who
26    accumulates six or more points on his or her driver's
      license, who is convicted of an offense involving driving
27    under the influence, or who is convicted of driving
      without a license or required insurance. Provides for the
28    automatic suspension of a person's driver's license for
      failure to pay the surcharge or enter into an agreement
29    with the Department of Highway Safety and Motor Vehicles
      for installment payments. (See bill for details.)
30  

31  

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