HB 0019

1	A bill to be entitled
2	An act relating to motor vehicle driving privilege
3	requirements; amending s. 320.055, F.S.; providing for a
4	6-month vehicle registration for persons reinstating a
5	driver's license that has been suspended for driving under
6	the influence; requiring the Department of Highway Safety
7	and Motor Vehicles to issue 6-month vehicle registration
8	certificates and validation stickers; specifying the
9	amount of taxes and charges which must be paid; amending
10	s. 324.131, F.S.; requiring persons whose license or
11	registration has been suspended or revoked due to a
12	violation of driving under the influence to maintain, for
13	3 years, certain noncancelable liability coverage;
14	authorizing the Department of Highway Safety and Motor
15	Vehicles to adopt a form for proof of such coverage;
16	amending s. 627.7275, F.S.; requiring insurers to make
17	bodily injury, death, and property damage liability
18	coverage that is noncancelable for a certain period
19	available to certain applicants seeking coverage for
20	reinstatement of driving privileges revoked or suspended
21	for driving under the influence; authorizing insurers to
22	cancel certain motor vehicle insurance policies under
23	certain circumstances; providing that insurers are not
24	required to offer insurance policies under certain
25	circumstances; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (1) of section 320.055, Florida
30	Statutes, is amended to read:
31	320.055  Registration periods; renewal periods.--The
32	following registration periods and renewal periods are
33	established:
34	(1)(a)  For a motor vehicle subject to registration under
35	s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7),
36	(8), (9), or (10) and owned by a natural person, the
37	registration period begins the first day of the birth month of
38	the owner and ends the last day of the month immediately
39	preceding the owner's birth month in the succeeding year. If
40	such vehicle is registered in the name of more than one person,
41	the birth month of the person whose name first appears on the
42	registration shall be used to determine the registration period.
43	For a vehicle subject to this registration period, the renewal
44	period is the 30-day period ending at midnight on the vehicle
45	owner's date of birth.
46	(b)  Notwithstanding the requirements of paragraph (a), the
47	owner of a motor vehicle subject to paragraph (a) who has had
48	his or her driver's license suspended pursuant to a violation of
49	s. 316.193 or pursuant to s. 322.26(2) for driving under the
50	influence must obtain a 6-month registration as a condition of
51	reinstating the license, subject to renewal during the 3-year
52	period that financial responsibility requirements apply. The
53	registration period begins the first day of the birth month of
54	the owner and ends the last day of the fifth month immediately
55	following the owner's birth month. For such vehicles, the
56	department shall issue a vehicle registration certificate that
57	is valid for 6 months and shall issue a validation sticker that
58	displays an expiration date of 6 months after the date of
59	issuance. The license tax required by s. 320.08 and all other
60	applicable license taxes shall be one-half of the amount
61	otherwise required, except the service charge required by s.
62	320.04 shall be paid in full for each 6-month registration.
63	Section 2.  Section 324.131, Florida Statutes, is amended
64	to read:
65	324.131  Period of suspension.--Such license, registration
66	and nonresident's operating privilege shall remain so suspended
67	and shall not be renewed, nor shall any such license or
68	registration be thereafter issued in the name of such person,
69	including any such person not previously licensed, unless and
70	until every such judgment is stayed, satisfied in full or to the
71	extent of the limits stated in s. 324.021(7) and until the said
72	person gives proof of financial responsibility as provided in s.
73	324.031, such proof to be maintained for 3 years. In addition,
74	if the person's license or registration has been suspended or
75	revoked due to a violation of s. 316.193 or pursuant to s.
76	322.26(2), that person shall maintain noncancelable liability
77	coverage for each motor vehicle registered in his or her name,
78	as described in s. 627.7275(2), and must present proof that
79	coverage is in force on a form adopted by the Department of
80	Highway Safety and Motor Vehicles, such proof to be maintained
81	for 3 years.
82	Section 3.  Section 627.7275, Florida Statutes, is amended
83	to read:
84	627.7275  Motor vehicle property damage liability.--
85	(1)  A No motor vehicle insurance policy providing personal
86	injury protection as set forth in s. 627.736 may not shall be
87	delivered or issued for delivery in this state with respect to
88	any specifically insured or identified motor vehicle registered
89	or principally garaged in this state unless the policy also
90	provides coverage for property damage liability in the amount of
91	at least $10,000 because of damage to, or destruction of,
92	property of others in any one accident arising out of the use of
93	the motor vehicle or unless the policy provides coverage in the
94	amount of at least $30,000 for combined property damage
95	liability and bodily injury liability in any one accident
96	arising out of the use of the motor vehicle. The policy, as to
97	coverage of property damage liability, must shall meet the
98	applicable requirements of s. 324.151, subject to the usual
99	policy exclusions that such as have been approved in policy
100	forms by the office.
101	(2)(a)  Insurers writing motor vehicle insurance in this
102	state shall make available, subject to the insurers' usual
103	underwriting restrictions:,
104	1.  Coverage under policies as described in subsection (1)
105	of this section to any applicant for private passenger motor
106	vehicle insurance coverage who is seeking the coverage in order
107	to reinstate the applicant's driving privileges in this state
108	when the driving privileges were revoked or suspended pursuant
109	to s. 316.646 or s. 627.733 due to the failure of the applicant
110	to maintain required security.
111	2.  Coverage under policies as described in subsection (1),
112	which also provides liability coverage for bodily injury, death,
113	and property damage arising out of the ownership, maintenance,
114	or use of the motor vehicle in an amount not less than the
115	limits described in s. 324.021(7) and conforms to the
116	requirements of s. 324.151, to any applicant for private
117	passenger motor vehicle insurance coverage who is seeking the
118	coverage in order to reinstate the applicant's driving
119	privileges in this state after such privileges were revoked or
120	suspended under s. 316.193 or s. 322.26(2) for driving under the
121	influence.
122	(b)  The policies described in paragraph (a) policy shall
123	be issued for a period of at least 6 months and as to the
124	minimum coverages required under this section shall not be
125	cancelable by the insured for any reason or by the insurer after
126	a period not to exceed 30 days during which the insurer must
127	complete underwriting of the policy. After the insurer has
128	completed underwriting the policy within the 30-day period, the
129	insurer shall notify the Department of Highway Safety and Motor
130	Vehicles that the policy is in full force and effect and the
131	policy shall not be cancelable for the remainder of the policy
132	period. A premium shall be collected and coverage shall be in
133	effect for the 30-day period during which the insurer is
134	completing the underwriting of the policy whether or not the
135	person's driver license, motor vehicle tag, and motor vehicle
136	registration are in effect. Once the noncancelable provisions of
137	the policy become effective, the coverage or risk shall not be
138	changed during the policy period and the premium shall be
139	nonrefundable. If, during the pendency of the 2-year proof of
140	insurance period required under s. 627.733(7) or during the 3-
141	year proof of financial responsibility required under s.
142	324.131, whichever is applicable, the insured obtains additional
143	coverage or coverage for an additional risk or changes
144	territories, the insured must obtain a new 6-month noncancelable
145	policy in accordance with the provisions of this section.
146	However, if the insured must obtain a new 6-month policy and
147	obtains the policy from the same insurer, the policyholder shall
148	receive credit on the new policy for any premium paid on the
149	previously issued policy.
150	(c)(b)  The provisions of This subsection controls shall
151	control to the extent of any conflict with any other section.
152	(d)  An insurer issuing a policy subject to this section
153	may cancel the policy if, during the policy term, the named
154	insured or any other operator, who resides in the same household
155	or customarily operates an automobile insured under the policy,
156	has his or her driver's license suspended or revoked.
157	(e)  Nothing in this subsection requires an insurer to
158	offer a policy of insurance to an applicant if such offer would
159	be inconsistent with the insurer's underwriting guidelines and
160	procedures.
161	Section 4.  This act shall take effect October 1, 2005.

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