Senate Bill sb2434
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Florida Senate - 2005 SB 2434
By Senator Sebesta
16-692A-05
1 A bill to be entitled
2 An act relating to driver responsibility;
3 amending s. 318.1451, F.S.; providing an
4 additional assessment fee for persons who
5 attend driver improvement schools; providing
6 for the collection and allocation of such fees;
7 amending s. 318.18, F.S.; increasing the civil
8 penalties for certain load violations; amending
9 s. 318.21, F.S.; providing for the distribution
10 of load-violation fees; creating s. 322.75,
11 F.S.; providing a short title; creating s.
12 322.751, F.S.; directing the Department of
13 Highway Safety and Motor Vehicles to assess
14 specified annual surcharges against a motor
15 vehicle licensee who accumulates seven or more
16 points against his or her license within the
17 previous 36 months; requiring the department to
18 notify a licensee by first-class mail upon
19 receipt of four points against his or her
20 license; creating s. 322.7515, F.S.; directing
21 the department to assess specified annual
22 surcharges against motor vehicle licensees who
23 have a final conviction within the previous 36
24 months for a DUI offense; creating s. 322.752,
25 F.S.; directing the department to assess
26 specified annual surcharges against persons who
27 have been convicted of driving without a
28 license or without insurance within a specified
29 period; creating s. 322.7525, F.S.; requiring
30 the department to notify licensees of the
31 surcharges and the time period in which to pay
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Florida Senate - 2005 SB 2434
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1 the surcharges; creating s. 322.753, F.S.;
2 requiring the department to accept installment
3 payments for the surcharges; providing
4 sanctions for a licensee's failure to pay an
5 installment; authorizing the department to
6 permit licensees to pay assessed surcharges
7 with credit cards; requiring the department to
8 suspend a driver's license if the licensee does
9 not pay the surcharge or arrange for
10 installment payments within a specified time
11 after the notice of surcharge is sent; creating
12 s. 322.7535, F.S.; authorizing the department
13 to contract with a public or private vendor to
14 collect specified annual surcharges; creating
15 s. 322.754, F.S.; providing for distribution of
16 surcharges collected by the department;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsection (4) of section 318.1451, Florida
22 Statutes, is amended to read:
23 318.1451 Driver improvement schools.--
24 (4)(a) In addition to a regular course fee, an
25 assessment fee in the amount of $2.50 shall be collected by
26 the school from each person who elects to attend a course, as
27 it relates to ss. 318.14(9), 322.0261, 322.291, and 627.06501,
28 which shall be remitted to the Department of Highway Safety
29 and Motor Vehicles and deposited in the Highway Safety
30 Operating Trust Fund to administer this program and to fund
31 the general operations of the department.
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Florida Senate - 2005 SB 2434
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1 (b) In addition to the regular course fee and the
2 assessment fee under paragraph (a), the following assessment
3 fees shall be collected by the school from each person who
4 elects to attend a course, as it relates to s. 318.14(9): for
5 the first election, an assessment fee of $25; for the second
6 election, an assessment fee of $50; and for the third, fourth,
7 or fifth election, an assessment fee of $100 for each
8 election. The assessment fees collected shall be remitted to
9 the Department of Revenue for deposit into the Department of
10 Health Administrative Trust Fund to be allocated as follows:
11 50 percent shall be allocated equally among all Level I, Level
12 II, and pediatric trauma centers in recognition of readiness
13 costs for maintaining trauma services and 50 percent shall be
14 allocated among Level I, Level II, and pediatric trauma
15 centers based on each center's relative volume of trauma cases
16 as reported in the Department of Health Trauma Registry.
17 Section 2. Subsection (12) of section 318.18, Florida
18 Statutes, is amended to read:
19 318.18 Amount of civil penalties.--The penalties
20 required for a noncriminal disposition pursuant to s. 318.14
21 are as follows:
22 (12) Two One hundred dollars for a violation of s.
23 316.520(1) or (2). If, at a hearing, the alleged offender is
24 found to have committed this offense, the court shall impose a
25 minimum civil penalty of $200 $100. For a second or subsequent
26 adjudication within a period of 5 years, the department shall
27 suspend the driver's license of the person for not less than 1
28 year 180 days and not more than 2 years 1 year.
29 Section 3. Subsection (13) is added to section 318.21,
30 Florida Statutes, to read:
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Florida Senate - 2005 SB 2434
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1 318.21 Disposition of civil penalties by county
2 courts.--All civil penalties received by a county court
3 pursuant to the provisions of this chapter shall be
4 distributed and paid monthly as follows:
5 (13) Fines assessed under s. 318.18(12) for violation
6 of s. 316.520(1) or (2), relating to loads on vehicles, must
7 be remitted to the Department of Revenue for deposit into the
8 Department of Health Administrative Trust Fund to be allocated
9 as follows:
10 (a) Fifty percent shall be allocated equally among all
11 Level I, Level II, and pediatric trauma centers in recognition
12 of readiness costs for maintaining trauma services.
13 (b) Fifty percent shall be allocated among Level I,
14 Level II, and pediatric trauma centers based on each center's
15 relative volume of trauma cases as reported in the Department
16 of Health Trauma Registry.
17 Section 4. Section 322.75, Florida Statutes, is
18 created to read:
19 322.75 Short title.--Sections 322.75-322.754 may be
20 cited as the "Florida Driver Responsibility Law."
21 Section 5. Section 322.751, Florida Statutes, is
22 created to read:
23 322.751 Annual surcharge for points.--
24 (1) Each year the department shall assess a surcharge
25 on each person who has accumulated seven or more points
26 against his or her driver's license during the preceding
27 36-month period.
28 (2) The amount of a surcharge under this section is
29 $100 for the first seven points and $25 for each additional
30 point.
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1 (3) The department shall notify the holder of a
2 driver's license of the assignment of a fourth point on that
3 license by first-class mail sent to the person's most recent
4 address as shown on the records of the department.
5 (4) This section does not apply to a conviction that
6 becomes final before July 1, 2005.
7 Section 6. Section 322.7515, Florida Statutes, is
8 created to read:
9 322.7515 Surcharge for conviction of driving under the
10 influence.--
11 (1) Each year the department shall assess a surcharge
12 on each person who has a final conviction during the preceding
13 36-month period for an offense relating to s. 316.193.
14 (2) The amount of a surcharge under this section is
15 $1,000 per year, except that the amount of the surcharge is:
16 (a) One thousand five hundred dollars per year for a
17 second or subsequent conviction within a 36-month period; and
18 (b) Two thousand dollars for a first or subsequent
19 conviction if the blood-alcohol level of the person was 0.20
20 or higher at the time the analysis was performed.
21 (3) A surcharge under this section for the same
22 conviction may not be assessed in more than 3 years.
23 (4) This section does not apply to a conviction that
24 becomes final before July 1, 2005.
25 Section 7. Section 322.752, Florida Statutes, is
26 created to read:
27 322.752 Surcharge for conviction of driving without a
28 license or without financial responsibility.--
29 (1) Each year the department shall assess a surcharge
30 on each person who has a final conviction during the preceding
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1 36-month period for an offense relating to s. 322.03, s.
2 322.065, s. 324.021, or s. 627.733.
3 (2) The amount of a surcharge under this section is
4 $250 per year.
5 (3) This section does not apply to a conviction that
6 becomes final before July 1, 2005.
7 Section 8. Section 322.7525, Florida Statutes, is
8 created to read:
9 322.7525 Notice of surcharge.--
10 (1) The department shall notify the holder of a
11 driver's license of the assessment of a surcharge on that
12 license by first-class mail sent to the person's most recent
13 address as shown on the records of the department. The notice
14 must specify the date by which the surcharge must be paid and
15 and state the consequences of a failure to pay the surcharge.
16 (2) If, before the 30th day after the date the
17 department sends a notice under the Florida Driver
18 Responsibility Law, the person fails to pay the amount of a
19 surcharge on the person's license or fails to enter into an
20 installment payment agreement with the department, the license
21 of the person is automatically suspended.
22 (3) A license suspended under this section remains
23 suspended until the person pays the amount of the surcharge
24 and any related costs.
25 Section 9. Section 322.753, Florida Statutes, is
26 created to read:
27 322.753 Installment payment of surcharges.--
28 (1) The department shall by rule provide for the
29 payment of a surcharge in installments.
30 (2) A rule under this section:
31 (a) May not permit a person to pay a surcharge:
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1 1. Of less than $2,300 over a period of more than 12
2 consecutive months; or
3 2. Of $2,300 or more over a period of more than 24
4 consecutive months.
5 (b) May provide that if the person fails to make a
6 required installment payment, the department may declare the
7 amount of the unpaid surcharge immediately due and payable.
8 (3) The department may by rule authorize the payment
9 of a surcharge by use of a credit card. The rules shall
10 require the person to pay all costs incurred by the department
11 in connection with the acceptance of the credit card.
12 (4) If a person pays a surcharge or related cost by
13 credit card and the amount is subsequently reversed by the
14 issuer of the credit card, the license of that person is
15 automatically suspended.
16 (5) 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 10. Section 322.7535, Florida Statutes, is
20 created to read:
21 322.7535 Contracts for collection of surcharges.--The
22 department may contract with a public or private vendor to
23 collect surcharges receivable under this chapter.
24 Section 11. Section 322.754, Florida Statutes, is
25 created to read:
26 322.754 Remittance of surcharges collected.--All
27 moneys derived from the surcharge collected by the department
28 under the Florida Driver Responsibility Law shall be deposited
29 into the Department of Health Administrative Trust Fund to
30 provide financial support to certified trauma centers to
31 assure the availability and accessibility of trauma services
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Florida Senate - 2005 SB 2434
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1 throughout the state. Funds deposited into the Administrative
2 Trust Fund under this section shall be allocated as follows:
3 (1) Fifty percent shall be allocated equally among all
4 Level I, Level II, and pediatric trauma centers in recognition
5 of readiness costs for maintaining trauma services.
6 (2) Fifty percent shall be allocated among Level I,
7 Level II, and pediatric trauma centers based on each center's
8 relative volume of trauma cases as reported in the Department
9 of Health Trauma Registry.
10 Section 12. This act shall take effect July 1, 2005.
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13 SENATE SUMMARY
14 Creates the Florida Driver Responsibility Law. Directs
the Department of Highway Safety and Motor Vehicles to
15 assess a $100 annual surcharge for the first seven points
and $25 for each additional point against a person who
16 accumulates points on his or her driving record within
the previous 36 months. Directs the department to notify
17 a driver upon assignment of the fourth point to his or
her driver's license record. Provides for the
18 distribution of moneys collected under the Florida Driver
Responsibility Law. Increases certain fees for driver
19 improvement school attendees and increases penalties for
certain vehicle load violations. Provides a surcharge for
20 persons convicted of driving without a license or without
financial responsibility. Provides for the collection and
21 allocation of specified surcharges and fines to support
specified trauma centers.
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