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