HB 359

1
A bill to be entitled
2An act relating to motor vehicle financial responsibility;
3creating s. 324.023, F.S.; requiring proof of increased
4financial responsibility for bodily injury or death caused
5by owners or operators found guilty of a DUI offense or
6who had a license or driving privilege revoked or
7suspended under a specified provision; amending ss.
8316.646 and 320.02, F.S.; conforming provisions; amending
9s. 627.733, F.S.; providing an additional cross-reference
10concerning motor vehicle security following motor vehicle
11license or registration suspension; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 324.023, Florida Statutes, is created
17to read:
18     324.023  Financial responsibility for bodily injury or
19death.--In addition to any other financial responsibility
20required by law, every owner of a motor vehicle that is required
21to be registered in this state and every operator of any motor
22vehicle located within this state who has ever been found guilty
23of a charge of DUI pursuant to s. 316.193 or who has ever had a
24license or driving privilege revoked pursuant to s. 322.26
25shall, by one of the methods established in s. 324.031(1), (2),
26or (3), establish and maintain the ability to respond in damages
27for liability on account of accidents arising out of the use of
28a motor vehicle in the amount of $100,000 because of bodily
29injury to, or death of, one person in any one crash and, subject
30to such limits for one person, in the amount of $300,000 because
31of bodily injury to, or death of, two or more persons in any one
32crash and in the amount of $50,000 because of property damage in
33any one crash. If the owner or operator chooses to establish and
34maintain such ability by posting a bond or furnishing a
35certificate of deposit pursuant to s. 324.031(2) or (3), such
36bond or certificate of deposit must be in an amount not less
37than $350,000.
38     Section 2.  Subsections (1) and (3) of section 316.646,
39Florida Statutes, are amended to read:
40     316.646  Security required; proof of security and display
41thereof; dismissal of cases.--
42     (1)  Any person required by s. 324.023 to maintain
43liability security for bodily injury or death or any person
44required by s. 627.733 to maintain personal injury protection
45security on a motor vehicle shall have in his or her immediate
46possession at all times while operating such motor vehicle
47proper proof of maintenance of the required security required by
48s. 627.733. Such proof shall be either a uniform proof-of-
49insurance card in a form prescribed by the department, a valid
50insurance policy, an insurance policy binder, a certificate of
51insurance, or such other proof as may be prescribed by the
52department.
53     (3)  Any person who violates this section commits is guilty
54of a nonmoving traffic infraction subject to the penalty
55provided in chapter 318 and shall be required to furnish proof
56of security as provided in this section. If any person charged
57with a violation of this section fails to furnish proof, at or
58before the scheduled court appearance date, that security was in
59effect at the time of the violation, the court may immediately
60suspend the registration and driver's license of such person.
61Such license and registration may only be reinstated as provided
62in s. 627.733.
63     Section 3.  Paragraphs (a) and (b) of subsection (5) of
64section 320.02, Florida Statutes, are amended to read:
65     320.02  Registration required; application for
66registration; forms.--
67     (5)(a)  Proof that personal injury protection benefits have
68been purchased when required under s. 627.733, that property
69damage liability coverage has been purchased as required under
70s. 324.022, that bodily injury or death coverage has been
71purchased if required under s. 324.023, and that combined bodily
72liability insurance and property damage liability insurance have
73been purchased when required under s. 627.7415 shall be provided
74in the manner prescribed by law by the applicant at the time of
75application for registration of any motor vehicle owned as
76defined in s. 627.732. The issuing agent shall refuse to issue
77registration if such proof of purchase is not provided. Insurers
78shall furnish uniform proof-of-purchase cards in a form
79prescribed by the department and shall include the name of the
80insured's insurance company, the coverage identification number,
81the make, year, and vehicle identification number of the vehicle
82insured. The card shall contain a statement notifying the
83applicant of the penalty specified in s. 316.646(4). The card or
84insurance policy, insurance policy binder, or certificate of
85insurance or a photocopy of any of these; an affidavit
86containing the name of the insured's insurance company, the
87insured's policy number, and the make and year of the vehicle
88insured; or such other proof as may be prescribed by the
89department shall constitute sufficient proof of purchase. If an
90affidavit is provided as proof, it shall be in substantially the
91following form:
92
93Under penalty of perjury, I   (Name of insured)   do hereby
94certify that I have   (Personal Injury Protection, Property
95Damage Liability, and, when required, Bodily Injury Liability)  
96 Insurance currently in effect with   (Name of insurance
97company)   under   (policy number)   covering   (make, year, and
98vehicle identification number of vehicle)  .   (Signature of
99Insured)  
100
101Such affidavit shall include the following warning:
102
103WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
104REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
105LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
106SUBJECT TO PROSECUTION.
107
108When an application is made through a licensed motor vehicle
109dealer as required in s. 319.23, the original or a photostatic
110copy of such card, insurance policy, insurance policy binder, or
111certificate of insurance or the original affidavit from the
112insured shall be forwarded by the dealer to the tax collector of
113the county or the Department of Highway Safety and Motor
114Vehicles for processing. By executing the aforesaid affidavit,
115no licensed motor vehicle dealer will be liable in damages for
116any inadequacy, insufficiency, or falsification of any statement
117contained therein. A card shall also indicate the existence of
118any bodily injury liability insurance voluntarily purchased.
119     (b)  When an operator who owns a motor vehicle is subject
120to the financial responsibility requirements of chapter 324,
121including ss. s. 324.022 and 324.023, such operator shall
122provide proof of compliance with such financial responsibility
123requirements at the time of registration of any such motor
124vehicle by one of the methods constituting sufficient proof of
125purchase under paragraph (a). The issuing agent shall refuse to
126register a motor vehicle if such proof of purchase is not
127provided or if one of the other methods of proving financial
128responsibility as set forth in s. 324.031 is not met.
129     Section 4.  Subsection (7) of section 627.733, Florida
130Statutes, is amended to read:
131     627.733  Required security.--
132     (7)  Any operator or owner whose driver's license or
133registration has been suspended pursuant to this section or s.
134316.646 may effect its reinstatement upon compliance with the
135requirements of this section and upon payment to the Department
136of Highway Safety and Motor Vehicles of a nonrefundable
137reinstatement fee of $150 for the first reinstatement. Such
138reinstatement fee shall be $250 for the second reinstatement and
139$500 for each subsequent reinstatement during the 3 years
140following the first reinstatement. Any person reinstating her or
141his insurance under this subsection must also secure
142noncancelable coverage as described in ss. 324.021(8) and s.
143627.7275(2) and present to the appropriate person proof that the
144coverage is in force on a form promulgated by the Department of
145Highway Safety and Motor Vehicles, such proof to be maintained
146for 2 years. If the person does not have a second reinstatement
147within 3 years after her or his initial reinstatement, the
148reinstatement fee shall be $150 for the first reinstatement
149after that 3-year period. In the event that a person's license
150and registration are suspended pursuant to this section or s.
151316.646, only one reinstatement fee shall be paid to reinstate
152the license and the registration. All fees shall be collected by
153the Department of Highway Safety and Motor Vehicles at the time
154of reinstatement. The Department of Highway Safety and Motor
155Vehicles shall issue proper receipts for such fees and shall
156promptly deposit those fees in the Highway Safety Operating
157Trust Fund. One-third of the fee collected under this subsection
158shall be distributed from the Highway Safety Operating Trust
159Fund to the local government entity or state agency which
160employed the law enforcement officer who seizes a license plate
161pursuant to s. 324.201. Such funds may be used by the local
162government entity or state agency for any authorized purpose.
163     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.