CS/HB 359

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; providing an
8	exemption if specified conditions are met; amending ss.
9	316.646 and 320.02, F.S.; conforming provisions; amending
10	s. 627.733, F.S.; providing an additional cross-reference
11	concerning motor vehicle security following motor vehicle
12	license or registration suspension; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 324.023, Florida Statutes, is created
18	to read:
19	324.023  Financial responsibility for bodily injury or
20	death.--In addition to any other financial responsibility
21	required by law, every owner or operator of a motor vehicle that
22	is required to be registered in this state, or that is located
23	within this state, and who has been convicted of a charge of
24	driving under the influence under s. 316.193 after October 1,
25	2007, shall, by one of the methods established in s. 324.031(1),
26	(2), or (3), establish and maintain the ability to respond in
27	damages for liability on account of accidents arising out of the
28	use of a motor vehicle in the amount of $100,000 because of
29	bodily injury to, or death of, one person in any one crash and,
30	subject to such limits for one person, in the amount of $300,000
31	because of bodily injury to, or death of, two or more persons in
32	any one crash and in the amount of $50,000 because of property
33	damage in any one crash. If the owner or operator chooses to
34	establish and maintain such ability by posting a bond or
35	furnishing a certificate of deposit pursuant to s. 324.031(2) or
36	(3), such bond or certificate of deposit must be in an amount
37	not less than $350,000. Such higher limits must be carried for a
38	minimum period of 3 years. If the owner or operator has not been
39	convicted of driving under the influence or a felony traffic
40	offense for a period of 3 years from the date of reinstatement
41	of driving privileges for a violation of s. 316.193, the owner
42	or operator shall be exempt from this section.
43	Section 2.  Subsections (1) and (3) of section 316.646,
44	Florida Statutes, are amended to read:
45	316.646  Security required; proof of security and display
46	thereof; dismissal of cases.--
47	(1)  Any person required by s. 324.023 to maintain
48	liability security for bodily injury or death or any person
49	required by s. 627.733 to maintain personal injury protection
50	security on a motor vehicle shall have in his or her immediate
51	possession at all times while operating such motor vehicle
52	proper proof of maintenance of the required security required by
53	s. 627.733. Such proof shall be either a uniform proof-of-
54	insurance card in a form prescribed by the department, a valid
55	insurance policy, an insurance policy binder, a certificate of
56	insurance, or such other proof as may be prescribed by the
57	department.
58	(3)  Any person who violates this section commits is guilty
59	of a nonmoving traffic infraction subject to the penalty
60	provided in chapter 318 and shall be required to furnish proof
61	of security as provided in this section. If any person charged
62	with a violation of this section fails to furnish proof, at or
63	before the scheduled court appearance date, that security was in
64	effect at the time of the violation, the court may immediately
65	suspend the registration and driver's license of such person.
66	Such license and registration may only be reinstated as provided
67	in s. 627.733.
68	Section 3.  Paragraphs (a) and (b) of subsection (5) of
69	section 320.02, Florida Statutes, are amended to read:
70	320.02  Registration required; application for
71	registration; forms.--
72	(5)(a)  Proof that personal injury protection benefits have
73	been purchased when required under s. 627.733, that property
74	damage liability coverage has been purchased as required under
75	s. 324.022, that bodily injury or death coverage has been
76	purchased if required under s. 324.023, and that combined bodily
77	liability insurance and property damage liability insurance have
78	been purchased when required under s. 627.7415 shall be provided
79	in the manner prescribed by law by the applicant at the time of
80	application for registration of any motor vehicle owned as
81	defined in s. 627.732. The issuing agent shall refuse to issue
82	registration if such proof of purchase is not provided. Insurers
83	shall furnish uniform proof-of-purchase cards in a form
84	prescribed by the department and shall include the name of the
85	insured's insurance company, the coverage identification number,
86	the make, year, and vehicle identification number of the vehicle
87	insured. The card shall contain a statement notifying the
88	applicant of the penalty specified in s. 316.646(4). The card or
89	insurance policy, insurance policy binder, or certificate of
90	insurance or a photocopy of any of these; an affidavit
91	containing the name of the insured's insurance company, the
92	insured's policy number, and the make and year of the vehicle
93	insured; or such other proof as may be prescribed by the
94	department shall constitute sufficient proof of purchase. If an
95	affidavit is provided as proof, it shall be in substantially the
96	following form:
97
98	Under penalty of perjury, I   (Name of insured)   do hereby
99	certify that I have   (Personal Injury Protection, Property
100	Damage Liability, and, when required, Bodily Injury Liability)
101	Insurance currently in effect with   (Name of insurance
102	company)   under   (policy number)   covering   (make, year, and
103	vehicle identification number of vehicle)  .   (Signature of
104	Insured)
105
106	Such affidavit shall include the following warning:
107
108	WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
109	REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
110	LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
111	SUBJECT TO PROSECUTION.
112
113	When an application is made through a licensed motor vehicle
114	dealer as required in s. 319.23, the original or a photostatic
115	copy of such card, insurance policy, insurance policy binder, or
116	certificate of insurance or the original affidavit from the
117	insured shall be forwarded by the dealer to the tax collector of
118	the county or the Department of Highway Safety and Motor
119	Vehicles for processing. By executing the aforesaid affidavit,
120	no licensed motor vehicle dealer will be liable in damages for
121	any inadequacy, insufficiency, or falsification of any statement
122	contained therein. A card shall also indicate the existence of
123	any bodily injury liability insurance voluntarily purchased.
124	(b)  When an operator who owns a motor vehicle is subject
125	to the financial responsibility requirements of chapter 324,
126	including ss. s. 324.022 and 324.023, such operator shall
127	provide proof of compliance with such financial responsibility
128	requirements at the time of registration of any such motor
129	vehicle by one of the methods constituting sufficient proof of
130	purchase under paragraph (a). The issuing agent shall refuse to
131	register a motor vehicle if such proof of purchase is not
132	provided or if one of the other methods of proving financial
133	responsibility as set forth in s. 324.031 is not met.
134	Section 4.  Subsection (7) of section 627.733, Florida
135	Statutes, is amended to read:
136	627.733  Required security.--
137	(7)  Any operator or owner whose driver's license or
138	registration has been suspended pursuant to this section or s.
139	316.646 may effect its reinstatement upon compliance with the
140	requirements of this section and upon payment to the Department
141	of Highway Safety and Motor Vehicles of a nonrefundable
142	reinstatement fee of $150 for the first reinstatement. Such
143	reinstatement fee shall be $250 for the second reinstatement and
144	$500 for each subsequent reinstatement during the 3 years
145	following the first reinstatement. Any person reinstating her or
146	his insurance under this subsection must also secure
147	noncancelable coverage as described in ss. 324.021(8) and s.
148	627.7275(2) and present to the appropriate person proof that the
149	coverage is in force on a form promulgated by the Department of
150	Highway Safety and Motor Vehicles, such proof to be maintained
151	for 2 years. If the person does not have a second reinstatement
152	within 3 years after her or his initial reinstatement, the
153	reinstatement fee shall be $150 for the first reinstatement
154	after that 3-year period. In the event that a person's license
155	and registration are suspended pursuant to this section or s.
156	316.646, only one reinstatement fee shall be paid to reinstate
157	the license and the registration. All fees shall be collected by
158	the Department of Highway Safety and Motor Vehicles at the time
159	of reinstatement. The Department of Highway Safety and Motor
160	Vehicles shall issue proper receipts for such fees and shall
161	promptly deposit those fees in the Highway Safety Operating
162	Trust Fund. One-third of the fee collected under this subsection
163	shall be distributed from the Highway Safety Operating Trust
164	Fund to the local government entity or state agency which
165	employed the law enforcement officer who seizes a license plate
166	pursuant to s. 324.201. Such funds may be used by the local
167	government entity or state agency for any authorized purpose.
168	Section 5.  This act shall take effect upon becoming a law.

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