1 | A bill to be entitled |
2 | An act relating to motor vehicle financial responsibility; |
3 | creating s. 324.023, F.S.; requiring proof of increased |
4 | financial responsibility for bodily injury or death caused |
5 | by owners or operators found guilty of a DUI offense or |
6 | who had a license or driving privilege revoked or |
7 | suspended under a specified provision; amending ss. |
8 | 316.646 and 320.02, F.S.; conforming provisions; amending |
9 | s. 627.733, F.S.; providing an additional cross-reference |
10 | concerning motor vehicle security following motor vehicle |
11 | license or registration suspension; providing an effective |
12 | date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 324.023, Florida Statutes, is created |
17 | to read: |
18 | 324.023 Financial responsibility for bodily injury or |
19 | death.--In addition to any other financial responsibility |
20 | required by law, every owner of a motor vehicle that is required |
21 | to be registered in this state and every operator of any motor |
22 | vehicle located within this state who has ever been found guilty |
23 | of a charge of DUI pursuant to s. 316.193 or who has ever had a |
24 | license or driving privilege revoked pursuant to s. 322.26 |
25 | shall, by one of the methods established in s. 324.031(1), (2), |
26 | or (3), establish and maintain the ability to respond in damages |
27 | for liability on account of accidents arising out of the use of |
28 | a motor vehicle in the amount of $100,000 because of bodily |
29 | injury to, or death of, one person in any one crash and, subject |
30 | to such limits for one person, in the amount of $300,000 because |
31 | of bodily injury to, or death of, two or more persons in any one |
32 | crash and in the amount of $50,000 because of property damage in |
33 | any one crash. If the owner or operator chooses to establish and |
34 | maintain such ability by posting a bond or furnishing a |
35 | certificate of deposit pursuant to s. 324.031(2) or (3), such |
36 | bond or certificate of deposit must be in an amount not less |
37 | than $350,000. |
38 | Section 2. Subsections (1) and (3) of section 316.646, |
39 | Florida Statutes, are amended to read: |
40 | 316.646 Security required; proof of security and display |
41 | thereof; dismissal of cases.-- |
42 | (1) Any person required by s. 324.023 to maintain |
43 | liability security for bodily injury or death or any person |
44 | required by s. 627.733 to maintain personal injury protection |
45 | security on a motor vehicle shall have in his or her immediate |
46 | possession at all times while operating such motor vehicle |
47 | proper proof of maintenance of the required security required by |
48 | s. 627.733. Such proof shall be either a uniform proof-of- |
49 | insurance card in a form prescribed by the department, a valid |
50 | insurance policy, an insurance policy binder, a certificate of |
51 | insurance, or such other proof as may be prescribed by the |
52 | department. |
53 | (3) Any person who violates this section commits is guilty |
54 | of a nonmoving traffic infraction subject to the penalty |
55 | provided in chapter 318 and shall be required to furnish proof |
56 | of security as provided in this section. If any person charged |
57 | with a violation of this section fails to furnish proof, at or |
58 | before the scheduled court appearance date, that security was in |
59 | effect at the time of the violation, the court may immediately |
60 | suspend the registration and driver's license of such person. |
61 | Such license and registration may only be reinstated as provided |
62 | in s. 627.733. |
63 | Section 3. Paragraphs (a) and (b) of subsection (5) of |
64 | section 320.02, Florida Statutes, are amended to read: |
65 | 320.02 Registration required; application for |
66 | registration; forms.-- |
67 | (5)(a) Proof that personal injury protection benefits have |
68 | been purchased when required under s. 627.733, that property |
69 | damage liability coverage has been purchased as required under |
70 | s. 324.022, that bodily injury or death coverage has been |
71 | purchased if required under s. 324.023, and that combined bodily |
72 | liability insurance and property damage liability insurance have |
73 | been purchased when required under s. 627.7415 shall be provided |
74 | in the manner prescribed by law by the applicant at the time of |
75 | application for registration of any motor vehicle owned as |
76 | defined in s. 627.732. The issuing agent shall refuse to issue |
77 | registration if such proof of purchase is not provided. Insurers |
78 | shall furnish uniform proof-of-purchase cards in a form |
79 | prescribed by the department and shall include the name of the |
80 | insured's insurance company, the coverage identification number, |
81 | the make, year, and vehicle identification number of the vehicle |
82 | insured. The card shall contain a statement notifying the |
83 | applicant of the penalty specified in s. 316.646(4). The card or |
84 | insurance policy, insurance policy binder, or certificate of |
85 | insurance or a photocopy of any of these; an affidavit |
86 | containing the name of the insured's insurance company, the |
87 | insured's policy number, and the make and year of the vehicle |
88 | insured; or such other proof as may be prescribed by the |
89 | department shall constitute sufficient proof of purchase. If an |
90 | affidavit is provided as proof, it shall be in substantially the |
91 | following form: |
92 |
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93 | Under penalty of perjury, I (Name of insured) do hereby |
94 | certify that I have (Personal Injury Protection, Property |
95 | Damage Liability, and, when required, Bodily Injury Liability) |
96 | Insurance currently in effect with (Name of insurance |
97 | company) under (policy number) covering (make, year, and |
98 | vehicle identification number of vehicle) . (Signature of |
99 | Insured) |
100 |
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101 | Such affidavit shall include the following warning: |
102 |
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103 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
104 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
105 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
106 | SUBJECT TO PROSECUTION. |
107 |
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108 | When an application is made through a licensed motor vehicle |
109 | dealer as required in s. 319.23, the original or a photostatic |
110 | copy of such card, insurance policy, insurance policy binder, or |
111 | certificate of insurance or the original affidavit from the |
112 | insured shall be forwarded by the dealer to the tax collector of |
113 | the county or the Department of Highway Safety and Motor |
114 | Vehicles for processing. By executing the aforesaid affidavit, |
115 | no licensed motor vehicle dealer will be liable in damages for |
116 | any inadequacy, insufficiency, or falsification of any statement |
117 | contained therein. A card shall also indicate the existence of |
118 | any bodily injury liability insurance voluntarily purchased. |
119 | (b) When an operator who owns a motor vehicle is subject |
120 | to the financial responsibility requirements of chapter 324, |
121 | including ss. s. 324.022 and 324.023, such operator shall |
122 | provide proof of compliance with such financial responsibility |
123 | requirements at the time of registration of any such motor |
124 | vehicle by one of the methods constituting sufficient proof of |
125 | purchase under paragraph (a). The issuing agent shall refuse to |
126 | register a motor vehicle if such proof of purchase is not |
127 | provided or if one of the other methods of proving financial |
128 | responsibility as set forth in s. 324.031 is not met. |
129 | Section 4. Subsection (7) of section 627.733, Florida |
130 | Statutes, is amended to read: |
131 | 627.733 Required security.-- |
132 | (7) Any operator or owner whose driver's license or |
133 | registration has been suspended pursuant to this section or s. |
134 | 316.646 may effect its reinstatement upon compliance with the |
135 | requirements of this section and upon payment to the Department |
136 | of Highway Safety and Motor Vehicles of a nonrefundable |
137 | reinstatement fee of $150 for the first reinstatement. Such |
138 | reinstatement fee shall be $250 for the second reinstatement and |
139 | $500 for each subsequent reinstatement during the 3 years |
140 | following the first reinstatement. Any person reinstating her or |
141 | his insurance under this subsection must also secure |
142 | noncancelable coverage as described in ss. 324.021(8) and s. |
143 | 627.7275(2) and present to the appropriate person proof that the |
144 | coverage is in force on a form promulgated by the Department of |
145 | Highway Safety and Motor Vehicles, such proof to be maintained |
146 | for 2 years. If the person does not have a second reinstatement |
147 | within 3 years after her or his initial reinstatement, the |
148 | reinstatement fee shall be $150 for the first reinstatement |
149 | after that 3-year period. In the event that a person's license |
150 | and registration are suspended pursuant to this section or s. |
151 | 316.646, only one reinstatement fee shall be paid to reinstate |
152 | the license and the registration. All fees shall be collected by |
153 | the Department of Highway Safety and Motor Vehicles at the time |
154 | of reinstatement. The Department of Highway Safety and Motor |
155 | Vehicles shall issue proper receipts for such fees and shall |
156 | promptly deposit those fees in the Highway Safety Operating |
157 | Trust Fund. One-third of the fee collected under this subsection |
158 | shall be distributed from the Highway Safety Operating Trust |
159 | Fund to the local government entity or state agency which |
160 | employed the law enforcement officer who seizes a license plate |
161 | pursuant to s. 324.201. Such funds may be used by the local |
162 | government entity or state agency for any authorized purpose. |
163 | Section 5. This act shall take effect upon becoming a law. |