| 1 | A bill to be entitled |
| 2 | An act relating to driver responsibility; creating s. |
| 3 | 322.75, F.S.; providing a popular name; creating s. |
| 4 | 322.751, F.S.; directing the Department of Highway Safety |
| 5 | and Motor Vehicles to assess specified annual surcharges |
| 6 | against a motor vehicle licensee who accumulates seven or |
| 7 | more points against his or her license within the previous |
| 8 | 36 months; requiring the department to notify a licensee |
| 9 | by first-class mail upon receipt of four points against |
| 10 | his or her license; creating s. 322.7513, F.S.; directing |
| 11 | the department to assess specified annual surcharges |
| 12 | against motor vehicle licensees who have a final |
| 13 | conviction within the previous 36 months for specified |
| 14 | offenses relating to driving without a license or with an |
| 15 | expired license and driving without required insurance or |
| 16 | security; creating s. 322.7515, F.S.; directing the |
| 17 | department to assess specified annual surcharges against |
| 18 | motor vehicle licensees who have a final conviction within |
| 19 | the previous 36 months for a DUI offense; creating s. |
| 20 | 322.7525, F.S.; requiring the department to notify |
| 21 | licensees of the surcharges and the time period in which |
| 22 | to pay the surcharges; providing for suspension of license |
| 23 | for failure to pay; creating s. 322.753, F.S.; requiring |
| 24 | the department to accept installment payments for the |
| 25 | surcharges; providing sanctions for a licensee's failure |
| 26 | to pay an installment; authorizing the department to |
| 27 | permit licensees to pay assessed surcharges with credit |
| 28 | cards; requiring the department to suspend a driver's |
| 29 | license if the licensee does not pay the surcharge or |
| 30 | arrange for installment payments within a specified time |
| 31 | after the notice of surcharge is sent; creating s. |
| 32 | 322.7535, F.S.; authorizing the department to contract |
| 33 | with a public or private vendor to collect specified |
| 34 | annual surcharges; creating s. 322.754, F.S.; providing |
| 35 | for distribution of surcharges collected by the |
| 36 | department; amending s. 318.18, F.S.; revising fine and |
| 37 | license suspension period for violation of specified |
| 38 | provisions requiring loads on vehicles be prevented from |
| 39 | escaping; amending s. 318.21, F.S.; providing for |
| 40 | distribution of said fines; providing an effective date. |
| 41 |
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| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
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| 44 | Section 1. Section 322.75, Florida Statutes, is created to |
| 45 | read: |
| 46 | 322.75 Popular name.--Sections 322.75-322.754 may be cited |
| 47 | as the "Florida Driver Responsibility Law." |
| 48 | Section 2. Section 322.751, Florida Statutes, is created |
| 49 | to read: |
| 50 | 322.751 Annual surcharge for points.-- |
| 51 | (1) Each year, the department shall assess a surcharge on |
| 52 | each person who has accumulated seven or more points against his |
| 53 | or her driver's license during the preceding 36-month period. |
| 54 | (2) The amount of a surcharge under this section is $100 |
| 55 | for the first seven points and $25 for each additional point. |
| 56 | (3) The department shall notify the holder of a driver's |
| 57 | license of the assignment of a fourth point on that license by |
| 58 | first-class mail sent to the person's most recent address as |
| 59 | shown on the records of the department. |
| 60 | (4) This section does not apply to a conviction that |
| 61 | becomes final before July 1, 2005. |
| 62 | Section 3. Section 322.7513, Florida Statutes, is created |
| 63 | to read: |
| 64 | 322.7513 Surcharge for conviction of driving without a |
| 65 | license or without financial responsibility.-- |
| 66 | (1) Each year, the department shall assess a surcharge on |
| 67 | each person who has a final conviction during the preceding 36- |
| 68 | month period for an offense relating to s. 322.03, s. 322.065, |
| 69 | s. 324.021, or s. 627.733. |
| 70 | (2) The amount of a surcharge under this section is $250 |
| 71 | per year. |
| 72 | (3) This section does not apply to a conviction that |
| 73 | becomes final before July 1, 2005. |
| 74 | Section 4. Section 322.7515, Florida Statutes, is created |
| 75 | to read: |
| 76 | 322.7515 Surcharge for conviction of driving under the |
| 77 | influence.-- |
| 78 | (1) Each year, the department shall assess a surcharge on |
| 79 | each person who has a final conviction during the preceding 36- |
| 80 | month period for an offense relating to s. 316.193. |
| 81 | (2) The amount of a surcharge under this section is $1,000 |
| 82 | per year, except that the amount of the surcharge is: |
| 83 | (a) One thousand five hundred dollars per year for a |
| 84 | second or subsequent conviction within a 36-month period; and |
| 85 | (b) Two thousand dollars for a first or subsequent |
| 86 | conviction if the blood-alcohol level of the person was 0.20 or |
| 87 | higher at the time the analysis was performed. |
| 88 | (3) A surcharge under this section for the same conviction |
| 89 | may not be assessed in more than 3 years. |
| 90 | (4) This section does not apply to a conviction that |
| 91 | becomes final before July 1, 2005. |
| 92 | Section 5. Section 322.7525, Florida Statutes, is created |
| 93 | to read: |
| 94 | 322.7525 Notice of surcharge.-- |
| 95 | (1) The department shall notify the holder of a driver's |
| 96 | license of the assessment of a surcharge on that license by |
| 97 | first-class mail sent to the person's most recent address as |
| 98 | shown on the records of the department. The notice must specify |
| 99 | the date by which the surcharge must be paid and state the |
| 100 | consequences of a failure to pay the surcharge. |
| 101 | (2) If, before the 30th day after the date the department |
| 102 | sends a notice under the Florida Driver Responsibility Law, the |
| 103 | person fails to pay the amount of a surcharge on the person's |
| 104 | license or fails to enter into an installment payment agreement |
| 105 | with the department, the license of the person is automatically |
| 106 | suspended. |
| 107 | (3) A license suspended under this section remains |
| 108 | suspended until the person pays the amount of the surcharge and |
| 109 | any related costs. |
| 110 | Section 6. Section 322.753, Florida Statutes, is created |
| 111 | to read: |
| 112 | 322.753 Installment payment of surcharges.-- |
| 113 | (1) The department shall by rule provide for the payment |
| 114 | of a surcharge in installments. |
| 115 | (2) A rule under this section: |
| 116 | (a) May not permit a person to pay a surcharge: |
| 117 | 1. Of less than $2,300 over a period of more than 12 |
| 118 | consecutive months; or |
| 119 | 2. Of $2,300 or more over a period of more than 24 |
| 120 | consecutive months. |
| 121 | (b) May provide that if the person fails to make a |
| 122 | required installment payment, the department may declare the |
| 123 | amount of the unpaid surcharge immediately due and payable. |
| 124 | (3) The department may by rule authorize the payment of a |
| 125 | surcharge by use of a credit card. The rules shall require the |
| 126 | person to pay all costs incurred by the department in connection |
| 127 | with the acceptance of the credit card. |
| 128 | (4) If a person pays a surcharge or related cost by credit |
| 129 | card and the amount is subsequently reversed by the issuer of |
| 130 | the credit card, the license of that person is automatically |
| 131 | suspended. |
| 132 | (5) A license suspended under this section remains |
| 133 | suspended until the person pays the amount of the surcharge and |
| 134 | any related costs. |
| 135 | Section 7. Section 322.7535, Florida Statutes, is created |
| 136 | to read: |
| 137 | 322.7535 Contracts for collection of surcharges.--The |
| 138 | department may contract with a public or private vendor to |
| 139 | collect surcharges receivable under this chapter. |
| 140 | Section 8. Section 322.754, Florida Statutes, is created |
| 141 | to read: |
| 142 | 322.754 Remittance of surcharges collected.--All moneys |
| 143 | derived from the surcharge collected by the department under the |
| 144 | Florida Driver Responsibility Law shall be deposited into the |
| 145 | Department of Health Administrative Trust Fund to provide |
| 146 | financial support to certified trauma centers to assure the |
| 147 | availability and accessibility of trauma services throughout the |
| 148 | state. Funds deposited into the Administrative Trust Fund under |
| 149 | this section shall be allocated as follows: |
| 150 | (1) Fifty percent shall be allocated equally among all |
| 151 | Level I, Level II, and pediatric trauma centers in recognition |
| 152 | of readiness costs for maintaining trauma services. |
| 153 | (2) Fifty percent shall be allocated among Level I, Level |
| 154 | II, and pediatric trauma centers based on each center's relative |
| 155 | volume of trauma cases as reported in the Department of Health |
| 156 | Trauma Registry. |
| 157 | Section 9. Subsection (12) of section 318.18, Florida |
| 158 | Statutes, is amended to read: |
| 159 | 318.18 Amount of civil penalties.--The penalties required |
| 160 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 161 | follows: |
| 162 | (12) Two One hundred dollars for a violation of s. |
| 163 | 316.520(1) or (2). If, at a hearing, the alleged offender is |
| 164 | found to have committed this offense, the court shall impose a |
| 165 | minimum civil penalty of $200 $100. For a second or subsequent |
| 166 | adjudication within a period of 5 years, the department shall |
| 167 | suspend the driver's license of the person for not less than 1 |
| 168 | year 180 days and not more than 2 years 1 year. |
| 169 | Section 10. Subsection (13) is added to section 318.21, |
| 170 | Florida Statutes, to read: |
| 171 | 318.21 Disposition of civil penalties by county |
| 172 | courts.--All civil penalties received by a county court pursuant |
| 173 | to the provisions of this chapter shall be distributed and paid |
| 174 | monthly as follows: |
| 175 | (13) Fines assessed under s. 318.18(12) for violation of |
| 176 | 316.520(1) or (2) relating to loads on vehicles must be remitted |
| 177 | to the Department of Revenue for deposit into the Department of |
| 178 | Health Administrative Trust Fund to be allocated as follows: |
| 179 | (a) Fifty percent shall be allocated equally among all |
| 180 | Level I, Level II, and pediatric trauma centers in recognition |
| 181 | of readiness costs for maintaining trauma services. |
| 182 | (b) Fifty percent shall be allocated among Level I, Level |
| 183 | II, and pediatric trauma centers based on each center's relative |
| 184 | volume of trauma cases as reported in the Department of Health |
| 185 | Trauma Registry. |
| 186 | Section 11. This act shall take effect July 1, 2005. |