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
    16-692A-05




 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:

20  

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
    16-692A-05




 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:

31  

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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.

31  

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    Florida Senate - 2005                                  SB 2434
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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

31  

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    Florida Senate - 2005                                  SB 2434
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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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    Florida Senate - 2005                                  SB 2434
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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.

11  

12            *****************************************

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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