Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7079, 2nd Eng.
Barcode 355722
CHAMBER ACTION
Senate House
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05/03/2006 05:38 PM .
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11 Senator Baker moved the following amendment to amendment
12 (220694):
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14 Senate Amendment (with title amendment)
15 On page 73, between lines 21 and 22,
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17 insert:
18 Section 45. Subsection (3) of section 322.27, Florida
19 Statutes, is amended to read:
20 322.27 Authority of department to suspend or revoke
21 license.--
22 (3) There is established a point system for evaluation
23 of convictions of violations of motor vehicle laws or
24 ordinances, and violations of applicable provisions of s.
25 403.413(6)(b) when such violations involve the use of motor
26 vehicles, for the determination of the continuing
27 qualification of any person to operate a motor vehicle. The
28 department is authorized to suspend the license of any person
29 upon showing of its records or other good and sufficient
30 evidence that the licensee has been convicted of violation of
31 motor vehicle laws or ordinances, or applicable provisions of
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7079, 2nd Eng.
Barcode 355722
1 s. 403.413(6)(b), amounting to 12 or more points as determined
2 by the point system. The suspension shall be for a period of
3 not more than 1 year.
4 (a) When a licensee accumulates 12 points within a
5 12-month period, the period of suspension shall be for not
6 more than 30 days.
7 (b) When a licensee accumulates 18 points, including
8 points upon which suspension action is taken under paragraph
9 (a), within an 18-month period, the suspension shall be for a
10 period of not more than 3 months.
11 (c) When a licensee accumulates 24 points, including
12 points upon which suspension action is taken under paragraphs
13 (a) and (b), within a 36-month period, the suspension shall be
14 for a period of not more than 1 year.
15 (d) The point system shall have as its basic element a
16 graduated scale of points assigning relative values to
17 convictions of the following violations:
18 1. Reckless driving, willful and wanton--4 points.
19 2. Leaving the scene of a crash resulting in property
20 damage of more than $50--6 points.
21 3. Unlawful speed resulting in a crash--6 points.
22 4. Passing a stopped school bus--4 points.
23 5. Unlawful speed:
24 a. Not in excess of 15 miles per hour of lawful or
25 posted speed--3 points.
26 b. In excess of 15 miles per hour but less than 30
27 miles per hour of lawful or posted speed--4 points.
28 c. Thirty miles per hour or more in excess of lawful
29 or posted speed--6 points.
30 6. A violation of a traffic control signal device as
31 provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7079, 2nd Eng.
Barcode 355722
1 7. All other moving violations (including parking on a
2 highway outside the limits of a municipality)--3 points.
3 However, no points shall be imposed for a violation of s.
4 316.0741 or s. 316.2065(12).
5 8. Any moving violation covered above, excluding
6 unlawful speed, resulting in a crash--4 points.
7 9. Any conviction under s. 403.413(6)(b)--3 points.
8 10. Any conviction under s. 316.0775(2)--4 points.
9 (e) A conviction in another state of a violation
10 therein which, if committed in this state, would be a
11 violation of the traffic laws of this state, or a conviction
12 of an offense under any federal law substantially conforming
13 to the traffic laws of this state, except a violation of s.
14 322.26, may be recorded against a driver on the basis of the
15 same number of points received had the conviction been made in
16 a court of this state.
17 (f) In computing the total number of points, when the
18 licensee reaches the danger zone, the department is authorized
19 to send the licensee a warning letter advising that any
20 further convictions may result in suspension of his or her
21 driving privilege.
22 (g) The department shall administer and enforce the
23 provisions of this law and may make rules and regulations
24 necessary for its administration.
25 (h) Three points shall be deducted from the driver
26 history record of any person whose driving privilege has been
27 suspended only once pursuant to this subsection and has been
28 reinstated, if such person has complied with all other
29 requirements of this chapter.
30 (i) This subsection shall not apply to persons
31 operating a nonmotorized vehicle for which a driver's license
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 7079, 2nd Eng.
Barcode 355722
1 is not required.
2 (j) For purposes of sub-subparagraph (d)5.c., the term
3 "conviction" means a finding of guilt, with or without
4 adjudication of guilt, as a result of a jury verdict, nonjury
5 trial, or entry of a plea of guilty or nolo contendere,
6 notwithstanding s. 318.14(11).
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8 (Redesignate subsequent sections.)
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 82, line 7, after the semicolon
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15 insert:
16 amending s. 322.27, F.S.; providing for an
17 increase in driver points for certain
18 speed-limit violations;
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