Senate Bill sb0468

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    Florida Senate - 2005                                   SB 468

    By Senator Wise





    5-295-05                                                See HB

  1                      A bill to be entitled

  2         An act relating to motor vehicle driving

  3         privilege requirements; amending s. 320.055,

  4         F.S.; providing for a 6-month vehicle

  5         registration for persons reinstating a driver's

  6         license that has been suspended for driving

  7         under the influence; requiring the Department

  8         of Highway Safety and Motor Vehicles to issue

  9         6-month vehicle registration certificates and

10         validation stickers; specifying the amount of

11         taxes and charges which must be paid; amending

12         s. 324.131, F.S.; requiring persons whose

13         license or registration has been suspended or

14         revoked due to a violation of driving under the

15         influence to maintain, for 3 years, certain

16         noncancelable liability coverage; authorizing

17         the Department of Highway Safety and Motor

18         Vehicles to adopt a form for proof of such

19         coverage; amending s. 627.7275, F.S.; requiring

20         insurers to make bodily injury, death, and

21         property damage liability coverage that is

22         noncancelable for a certain period available to

23         certain applicants seeking coverage for

24         reinstatement of driving privileges revoked or

25         suspended for driving under the influence;

26         authorizing insurers to cancel certain motor

27         vehicle insurance policies under certain

28         circumstances; providing that insurers are not

29         required to offer insurance policies under

30         certain circumstances; providing an effective

31         date.

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    Florida Senate - 2005                                   SB 468
    5-295-05                                                See HB




 1  Be It Enacted by the Legislature of the State of Florida:

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 3         Section 1.  Subsection (1) of section 320.055, Florida

 4  Statutes, is amended to read:

 5         320.055  Registration periods; renewal periods.--The

 6  following registration periods and renewal periods are

 7  established:

 8         (1)(a)  For a motor vehicle subject to registration

 9  under s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f),

10  (6)(a), (7), (8), (9), or (10) and owned by a natural person,

11  the registration period begins the first day of the birth

12  month of the owner and ends the last day of the month

13  immediately preceding the owner's birth month in the

14  succeeding year. If such vehicle is registered in the name of

15  more than one person, the birth month of the person whose name

16  first appears on the registration shall be used to determine

17  the registration period. For a vehicle subject to this

18  registration period, the renewal period is the 30-day period

19  ending at midnight on the vehicle owner's date of birth.

20         (b)  Notwithstanding the requirements of paragraph (a),

21  the owner of a motor vehicle subject to paragraph (a) who has

22  had his or her driver's license suspended pursuant to a

23  violation of s. 316.193 or pursuant to s. 322.26(2) for

24  driving under the influence must obtain a 6-month registration

25  as a condition of reinstating the license, subject to renewal

26  during the 3-year period that financial responsibility

27  requirements apply. The registration period begins the first

28  day of the birth month of the owner and ends the last day of

29  the fifth month immediately following the owner's birth month.

30  For such vehicles, the department shall issue a vehicle

31  registration certificate that is valid for 6 months and shall

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    Florida Senate - 2005                                   SB 468
    5-295-05                                                See HB




 1  issue a validation sticker that displays an expiration date of

 2  6 months after the date of issuance. The license tax required

 3  by s. 320.08 and all other applicable license taxes shall be

 4  one-half of the amount otherwise required, except the service

 5  charge required by s. 320.04 shall be paid in full for each

 6  6-month registration.

 7         Section 2.  Section 324.131, Florida Statutes, is

 8  amended to read:

 9         324.131  Period of suspension.--Such license,

10  registration and nonresident's operating privilege shall

11  remain so suspended and shall not be renewed, nor shall any

12  such license or registration be thereafter issued in the name

13  of such person, including any such person not previously

14  licensed, unless and until every such judgment is stayed,

15  satisfied in full or to the extent of the limits stated in s.

16  324.021(7) and until the said person gives proof of financial

17  responsibility as provided in s. 324.031, such proof to be

18  maintained for 3 years. In addition, if the person's license

19  or registration has been suspended or revoked due to a

20  violation of s. 316.193 or pursuant to s. 322.26(2), that

21  person shall maintain noncancelable liability coverage for

22  each motor vehicle registered in his or her name, as described

23  in s. 627.7275(2), and must present proof that coverage is in

24  force on a form adopted by the Department of Highway Safety

25  and Motor Vehicles, such proof to be maintained for 3 years.

26         Section 3.  Section 627.7275, Florida Statutes, is

27  amended to read:

28         627.7275  Motor vehicle property damage liability.--

29         (1)  A No motor vehicle insurance policy providing

30  personal injury protection as set forth in s. 627.736 may not

31  shall be delivered or issued for delivery in this state with

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    Florida Senate - 2005                                   SB 468
    5-295-05                                                See HB




 1  respect to any specifically insured or identified motor

 2  vehicle registered or principally garaged in this state unless

 3  the policy also provides coverage for property damage

 4  liability in the amount of at least $10,000 because of damage

 5  to, or destruction of, property of others in any one accident

 6  arising out of the use of the motor vehicle or unless the

 7  policy provides coverage in the amount of at least $30,000 for

 8  combined property damage liability and bodily injury liability

 9  in any one accident arising out of the use of the motor

10  vehicle. The policy, as to coverage of property damage

11  liability, must shall meet the applicable requirements of s.

12  324.151, subject to the usual policy exclusions that such as

13  have been approved in policy forms by the office.

14         (2)(a)  Insurers writing motor vehicle insurance in

15  this state shall make available, subject to the insurers'

16  usual underwriting restrictions:,

17         1.  Coverage under policies as described in subsection

18  (1) of this section to any applicant for private passenger

19  motor vehicle insurance coverage who is seeking the coverage

20  in order to reinstate the applicant's driving privileges in

21  this state when the driving privileges were revoked or

22  suspended pursuant to s. 316.646 or s. 627.733 due to the

23  failure of the applicant to maintain required security.

24         2.  Coverage under policies as described in subsection

25  (1), which also provides liability coverage for bodily injury,

26  death, and property damage arising out of the ownership,

27  maintenance, or use of the motor vehicle in an amount not less

28  than the limits described in s. 324.021(7) and conforms to the

29  requirements of s. 324.151, to any applicant for private

30  passenger motor vehicle insurance coverage who is seeking the

31  coverage in order to reinstate the applicant's driving

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    Florida Senate - 2005                                   SB 468
    5-295-05                                                See HB




 1  privileges in this state after such privileges were revoked or

 2  suspended under s. 316.193 or s. 322.26(2) for driving under

 3  the influence.

 4         (b)  The policies described in paragraph (a) policy

 5  shall be issued for a period of at least 6 months and as to

 6  the minimum coverages required under this section shall not be

 7  cancelable by the insured for any reason or by the insurer

 8  after a period not to exceed 30 days during which the insurer

 9  must complete underwriting of the policy. After the insurer

10  has completed underwriting the policy within the 30-day

11  period, the insurer shall notify the Department of Highway

12  Safety and Motor Vehicles that the policy is in full force and

13  effect and the policy shall not be cancelable for the

14  remainder of the policy period. A premium shall be collected

15  and coverage shall be in effect for the 30-day period during

16  which the insurer is completing the underwriting of the policy

17  whether or not the person's driver license, motor vehicle tag,

18  and motor vehicle registration are in effect. Once the

19  noncancelable provisions of the policy become effective, the

20  coverage or risk shall not be changed during the policy period

21  and the premium shall be nonrefundable. If, during the

22  pendency of the 2-year proof of insurance period required

23  under s. 627.733(7) or during the 3-year proof of financial

24  responsibility required under s. 324.131, whichever is

25  applicable, the insured obtains additional coverage or

26  coverage for an additional risk or changes territories, the

27  insured must obtain a new 6-month noncancelable policy in

28  accordance with the provisions of this section. However, if

29  the insured must obtain a new 6-month policy and obtains the

30  policy from the same insurer, the policyholder shall receive

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    Florida Senate - 2005                                   SB 468
    5-295-05                                                See HB




 1  credit on the new policy for any premium paid on the

 2  previously issued policy.

 3         (c)(b)  The provisions of This subsection controls

 4  shall control to the extent of any conflict with any other

 5  section.

 6         (d)  An insurer issuing a policy subject to this

 7  section may cancel the policy if, during the policy term, the

 8  named insured or any other operator, who resides in the same

 9  household or customarily operates an automobile insured under

10  the policy, has his or her driver's license suspended or

11  revoked.

12         (e)  Nothing in this subsection requires an insurer to

13  offer a policy of insurance to an applicant if such offer

14  would be inconsistent with the insurer's underwriting

15  guidelines and procedures.

16         Section 4.  This act shall take effect October 1, 2005.

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