HB 1455CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to driver responsibility; creating s.
7322.75, F.S.; creating the "Florida Driver Responsibility
8Law"; creating s. 322.7513, F.S.; directing the department
9to assess specified annual surcharges against motor
10vehicle licensees who have a final conviction within the
11previous 36 months for specified offenses relating to
12driving without a license or with an expired license and
13driving without required insurance or security; creating
14s. 322.7515, F.S.; directing the department to assess
15specified annual surcharges against motor vehicle
16licensees who have a final conviction within the previous
1736 months for a DUI offense; creating s. 322.7525, F.S.;
18requiring the department to notify licensees of the
19surcharges and the time period in which to pay the
20surcharges; providing for suspension of license for
21failure to pay; creating s. 322.753, F.S.; requiring the
22department to accept installment payments for the
23surcharges; providing sanctions for a licensee's failure
24to pay an installment; authorizing the department to
25permit licensees to pay assessed surcharges with credit
26cards; requiring the department to suspend a driver's
27license if the licensee does not pay the surcharge or
28arrange for installment payments within a specified time
29after the notice of surcharge is sent; creating s.
30322.7535, F.S.; authorizing the department to contract
31with a public or private vendor to collect specified
32annual surcharges; creating s. 322.754, F.S.; providing
33for distribution of surcharges collected by the
34department; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Section 322.75, Florida Statutes, is created to
39read:
40     322.75  Popular name.--Sections 322.75-322.754 may be cited
41as the "Florida Driver Responsibility Law."
42     Section 2.  Section 322.7513, Florida Statutes, is created
43to read:
44     322.7513  Surcharge for conviction of driving without a
45license or without financial responsibility.--
46     (1)  Each year, the department shall assess a surcharge on
47each person who has a final conviction during the preceding 36-
48month period for an offense relating to s. 322.03, s. 322.065,
49s. 324.021, or s. 627.733.
50     (2)  The amount of a surcharge under this section is $250
51per year.
52     (3)  This section does not apply to a conviction that
53becomes final before July 1, 2005.
54     Section 3.  Section 322.7515, Florida Statutes, is created
55to read:
56     322.7515  Surcharge for conviction of driving under the
57influence.--
58     (1)  Each year, the department shall assess a surcharge on
59each person who has a final conviction during the preceding 36-
60month period for an offense relating to s. 316.193.
61     (2)  The amount of a surcharge under this section is $1,000
62per year, except that the amount of the surcharge is:
63     (a)  One thousand five hundred dollars per year for a
64second or subsequent conviction within a 36-month period; and
65     (b)  Two thousand dollars for a first or subsequent
66conviction if the blood-alcohol level of the person was 0.20 or
67higher at the time the analysis was performed.
68     (3)  A surcharge under this section for the same conviction
69may not be assessed in more than 3 years.
70     (4)  This section does not apply to a conviction that
71becomes final before July 1, 2005.
72     Section 4.  Section 322.7525, Florida Statutes, is created
73to read:
74     322.7525  Notice of surcharge.--
75     (1)  The department shall notify the holder of a driver's
76license of the assessment of a surcharge on that license by
77first-class mail sent to the person's most recent address as
78shown on the records of the department. The notice must specify
79the date by which the surcharge must be paid and state the
80consequences of a failure to pay the surcharge.
81     (2)  If, before the 30th day after the date the department
82sends a notice under the Florida Driver Responsibility Law, the
83person fails to pay the amount of a surcharge on the person's
84license or fails to enter into an installment payment agreement
85with the department, the license of the person is automatically
86suspended.
87     (3)  A license suspended under this section remains
88suspended until the person pays the amount of the surcharge and
89any related costs.
90     Section 5.  Section 322.753, Florida Statutes, is created
91to read:
92     322.753  Installment payment of surcharges.--
93     (1)  The department shall by rule provide for the payment
94of a surcharge in installments.
95     (2)  A rule under this section:
96     (a)  May not permit a person to pay a surcharge:
97     1.  Of less than $2,300 over a period of more than 12
98consecutive months; or
99     2.  Of $2,300 or more over a period of more than 24
100consecutive months.
101     (b)  May provide that if the person fails to make a
102required installment payment, the department may declare the
103amount of the unpaid surcharge immediately due and payable.
104     (3)  The department may by rule authorize the payment of a
105surcharge by use of a credit card.
106     (4)  If a person pays a surcharge or related cost by credit
107card and the amount is subsequently reversed by the issuer of
108the credit card, the license of that person is automatically
109suspended.
110     (5)  A license suspended under this section remains
111suspended until the person pays the amount of the surcharge and
112any related costs.
113     Section 6.  Section 322.7535, Florida Statutes, is created
114to read:
115     322.7535  Contracts for collection of surcharges.--The
116department may contract with a public or private vendor to
117collect surcharges receivable under this chapter.
118     Section 7.  Section 322.754, Florida Statutes, is created
119to read:
120     322.754  Remittance of surcharges collected.--All moneys
121derived from the surcharge collected by the department under the
122Florida Driver Responsibility Law shall be deposited into the
123Department of Health Administrative Trust Fund to provide
124financial support to certified trauma centers to assure the
125availability and accessibility of trauma services throughout the
126state. Funds deposited into the Administrative Trust Fund under
127this section shall be allocated as follows:
128     (1)  Fifty percent shall be allocated equally among all
129Level I, Level II, and pediatric trauma centers in recognition
130of readiness costs for maintaining trauma services.
131     (2)  Fifty percent shall be allocated among Level I, Level
132II, and pediatric trauma centers based on each center's relative
133volume of trauma cases as reported in the Department of Health
134Trauma Registry.
135     Section 8.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.