| 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, or who entered a |
| 6 | plea of guilty or nolo contendere to, regardless of |
| 7 | adjudication of guilt, a DUI offense or who had a license |
| 8 | or driving privilege revoked or suspended under a |
| 9 | specified provision; providing an exemption if specified |
| 10 | conditions are met; amending ss. 316.646 and 320.02, F.S.; |
| 11 | conforming provisions; amending s. 627.733, F.S.; |
| 12 | providing additional cross-references concerning motor |
| 13 | vehicle security following motor vehicle license or |
| 14 | registration suspension; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 324.023, Florida Statutes, is created |
| 19 | to read: |
| 20 | 324.023 Financial responsibility for bodily injury or |
| 21 | death.--In addition to any other financial responsibility |
| 22 | required by law, every owner or operator of a motor vehicle that |
| 23 | is required to be registered in this state, or that is located |
| 24 | within this state, and who, regardless of adjudication of guilt, |
| 25 | has been found guilty of or entered a plea of guilty or nolo |
| 26 | contendere to a charge of driving under the influence under s. |
| 27 | 316.193 after October 1, 2007, shall, by one of the methods |
| 28 | established in s. 324.031(1), (2), or (3), establish and |
| 29 | maintain the ability to respond in damages for liability on |
| 30 | account of accidents arising out of the use of a motor vehicle |
| 31 | in the amount of $100,000 because of bodily injury to, or death |
| 32 | of, one person in any one crash and, subject to such limits for |
| 33 | one person, in the amount of $300,000 because of bodily injury |
| 34 | to, or death of, two or more persons in any one crash and in the |
| 35 | amount of $50,000 because of property damage in any one crash. |
| 36 | If the owner or operator chooses to establish and maintain such |
| 37 | ability by posting a bond or furnishing a certificate of deposit |
| 38 | pursuant to s. 324.031(2) or (3), such bond or certificate of |
| 39 | deposit must be in an amount not less than $350,000. Such higher |
| 40 | limits must be carried for a minimum period of 3 years. If the |
| 41 | owner or operator has not been convicted of driving under the |
| 42 | influence or a felony traffic offense for a period of 3 years |
| 43 | from the date of reinstatement of driving privileges for a |
| 44 | violation of s. 316.193, the owner or operator shall be exempt |
| 45 | from this section. |
| 46 | Section 2. Subsections (1) and (3) of section 316.646, |
| 47 | Florida Statutes, are amended to read: |
| 48 | 316.646 Security required; proof of security and display |
| 49 | thereof; dismissal of cases.-- |
| 50 | (1) Any person required by s. 324.023 to maintain |
| 51 | liability security for bodily injury or death or any person |
| 52 | required by s. 627.733 to maintain personal injury protection |
| 53 | security on a motor vehicle shall have in his or her immediate |
| 54 | possession at all times while operating such motor vehicle |
| 55 | proper proof of maintenance of the required security required by |
| 56 | s. 627.733. Such proof shall be either a uniform proof-of- |
| 57 | insurance card in a form prescribed by the department, a valid |
| 58 | insurance policy, an insurance policy binder, a certificate of |
| 59 | insurance, or such other proof as may be prescribed by the |
| 60 | department. |
| 61 | (3) Any person who violates this section commits is guilty |
| 62 | of a nonmoving traffic infraction subject to the penalty |
| 63 | provided in chapter 318 and shall be required to furnish proof |
| 64 | of security as provided in this section. If any person charged |
| 65 | with a violation of this section fails to furnish proof, at or |
| 66 | before the scheduled court appearance date, that security was in |
| 67 | effect at the time of the violation, the court may immediately |
| 68 | suspend the registration and driver's license of such person. |
| 69 | Such license and registration may only be reinstated as provided |
| 70 | in s. 627.733. |
| 71 | Section 3. Paragraphs (a) and (b) of subsection (5) of |
| 72 | section 320.02, Florida Statutes, are amended to read: |
| 73 | 320.02 Registration required; application for |
| 74 | registration; forms.-- |
| 75 | (5)(a) Proof that personal injury protection benefits have |
| 76 | been purchased when required under s. 627.733, that property |
| 77 | damage liability coverage has been purchased as required under |
| 78 | s. 324.022, that bodily injury or death coverage has been |
| 79 | purchased if required under s. 324.023, and that combined bodily |
| 80 | liability insurance and property damage liability insurance have |
| 81 | been purchased when required under s. 627.7415 shall be provided |
| 82 | in the manner prescribed by law by the applicant at the time of |
| 83 | application for registration of any motor vehicle owned as |
| 84 | defined in s. 627.732. The issuing agent shall refuse to issue |
| 85 | registration if such proof of purchase is not provided. Insurers |
| 86 | shall furnish uniform proof-of-purchase cards in a form |
| 87 | prescribed by the department and shall include the name of the |
| 88 | insured's insurance company, the coverage identification number, |
| 89 | the make, year, and vehicle identification number of the vehicle |
| 90 | insured. The card shall contain a statement notifying the |
| 91 | applicant of the penalty specified in s. 316.646(4). The card or |
| 92 | insurance policy, insurance policy binder, or certificate of |
| 93 | insurance or a photocopy of any of these; an affidavit |
| 94 | containing the name of the insured's insurance company, the |
| 95 | insured's policy number, and the make and year of the vehicle |
| 96 | insured; or such other proof as may be prescribed by the |
| 97 | department shall constitute sufficient proof of purchase. If an |
| 98 | affidavit is provided as proof, it shall be in substantially the |
| 99 | following form: |
| 100 |
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| 101 | Under penalty of perjury, I (Name of insured) do hereby |
| 102 | certify that I have (Personal Injury Protection, Property |
| 103 | Damage Liability, and, when required, Bodily Injury Liability) |
| 104 | Insurance currently in effect with (Name of insurance |
| 105 | company) under (policy number) covering (make, year, and |
| 106 | vehicle identification number of vehicle) . (Signature of |
| 107 | Insured) |
| 108 |
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| 109 | Such affidavit shall include the following warning: |
| 110 |
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| 111 | WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE |
| 112 | REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA |
| 113 | LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS |
| 114 | SUBJECT TO PROSECUTION. |
| 115 |
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| 116 | When an application is made through a licensed motor vehicle |
| 117 | dealer as required in s. 319.23, the original or a photostatic |
| 118 | copy of such card, insurance policy, insurance policy binder, or |
| 119 | certificate of insurance or the original affidavit from the |
| 120 | insured shall be forwarded by the dealer to the tax collector of |
| 121 | the county or the Department of Highway Safety and Motor |
| 122 | Vehicles for processing. By executing the aforesaid affidavit, |
| 123 | no licensed motor vehicle dealer will be liable in damages for |
| 124 | any inadequacy, insufficiency, or falsification of any statement |
| 125 | contained therein. A card shall also indicate the existence of |
| 126 | any bodily injury liability insurance voluntarily purchased. |
| 127 | (b) When an operator who owns a motor vehicle is subject |
| 128 | to the financial responsibility requirements of chapter 324, |
| 129 | including ss. s. 324.022 and 324.023, such operator shall |
| 130 | provide proof of compliance with such financial responsibility |
| 131 | requirements at the time of registration of any such motor |
| 132 | vehicle by one of the methods constituting sufficient proof of |
| 133 | purchase under paragraph (a). The issuing agent shall refuse to |
| 134 | register a motor vehicle if such proof of purchase is not |
| 135 | provided or if one of the other methods of proving financial |
| 136 | responsibility as set forth in s. 324.031 is not met. |
| 137 | Section 4. Subsection (7) of section 627.733, Florida |
| 138 | Statutes, is amended to read: |
| 139 | 627.733 Required security.-- |
| 140 | (7) Any operator or owner whose driver's license or |
| 141 | registration has been suspended pursuant to this section or s. |
| 142 | 316.646 may effect its reinstatement upon compliance with the |
| 143 | requirements of this section and upon payment to the Department |
| 144 | of Highway Safety and Motor Vehicles of a nonrefundable |
| 145 | reinstatement fee of $150 for the first reinstatement. Such |
| 146 | reinstatement fee shall be $250 for the second reinstatement and |
| 147 | $500 for each subsequent reinstatement during the 3 years |
| 148 | following the first reinstatement. Any person reinstating her or |
| 149 | his insurance under this subsection must also secure |
| 150 | noncancelable coverage as described in ss. 324.021(8), 324.023, |
| 151 | and s. 627.7275(2) and present to the appropriate person proof |
| 152 | that the coverage is in force on a form promulgated by the |
| 153 | Department of Highway Safety and Motor Vehicles, such proof to |
| 154 | be maintained for 2 years. If the person does not have a second |
| 155 | reinstatement within 3 years after her or his initial |
| 156 | reinstatement, the reinstatement fee shall be $150 for the first |
| 157 | reinstatement after that 3-year period. In the event that a |
| 158 | person's license and registration are suspended pursuant to this |
| 159 | section or s. 316.646, only one reinstatement fee shall be paid |
| 160 | to reinstate the license and the registration. All fees shall be |
| 161 | collected by the Department of Highway Safety and Motor Vehicles |
| 162 | at the time of reinstatement. The Department of Highway Safety |
| 163 | and Motor Vehicles shall issue proper receipts for such fees and |
| 164 | shall promptly deposit those fees in the Highway Safety |
| 165 | Operating Trust Fund. One-third of the fee collected under this |
| 166 | subsection shall be distributed from the Highway Safety |
| 167 | Operating Trust Fund to the local government entity or state |
| 168 | agency which employed the law enforcement officer who seizes a |
| 169 | license plate pursuant to s. 324.201. Such funds may be used by |
| 170 | the local government entity or state agency for any authorized |
| 171 | purpose. |
| 172 | Section 5. This act shall take effect upon becoming a law. |