Senate Bill sb0846

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    Florida Senate - 2007                                   SB 846

    By Senator Jones





    13-693A-07

  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

  3         creating s. 324.023, F.S.; requiring proof of

  4         increased financial responsibility for bodily

  5         injury or death caused by owners or operators

  6         of motor vehicles who previously have been

  7         found guilty of the offense of DUI; amending

  8         ss. 316.646 and 627.733, F.S., to conform;

  9         providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 324.023, Florida Statutes, is

14  created to read:

15         324.023  Financial responsibility for bodily injury or

16  death.--In addition to any other financial responsibility

17  required by law, every owner of a motor vehicle that is

18  required to be registered in this state and every operator of

19  any motor vehicle located within this state who has ever been

20  found guilty of DUI pursuant to s. 316.193, or who has ever

21  had a driver's license or driving privilege revoked pursuant

22  to s. 322.26, shall, by one of the methods established in s.

23  324.031(1), (2), or (3), establish and maintain the ability to

24  respond in damages for liability on account of accidents

25  arising out of the use of a motor vehicle in the amount of

26  $100,000 because of bodily injury to, or death of, one person

27  in any one crash, and subject to those limits for one person,

28  in the amount of $300,000 because of bodily injury to, or

29  death of, two or more persons in any one crash, and in the

30  amount of $50,000 because of property damage in any one crash.

31  If the owner or operator chooses to establish and maintain

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    Florida Senate - 2007                                   SB 846
    13-693A-07




 1  such ability by posting a bond or furnishing a certificate of

 2  deposit pursuant to s. 324.031(2) or (3), such bond or

 3  certificate of deposit must be in at least the amount of

 4  $350,000.

 5         Section 2.  Subsections (1) and (3) of section 316.646,

 6  Florida Statutes, are amended to read:

 7         316.646  Security required; proof of security and

 8  display thereof; dismissal of cases.--

 9         (1)  Any person required by s. 627.733 to maintain

10  personal injury protection security on a motor vehicle or any

11  person required by s. 324.023 to maintain liability coverage

12  for bodily injury or death shall have in his or her immediate

13  possession at all times while operating such motor vehicle

14  proper proof of maintenance of the security required by ss. s.

15  627.733 and 342.023. Such proof shall be either a uniform

16  proof-of-insurance card in a form prescribed by the

17  department, a valid insurance policy, an insurance policy

18  binder, a certificate of insurance, or such other proof as may

19  be prescribed by the department.

20         (3)  Any person who violates this section is guilty of

21  a nonmoving traffic infraction subject to the penalty provided

22  in chapter 318 and shall be required to furnish proof of

23  security as provided in this section. If any person charged

24  with a violation of this section fails to furnish proof, at or

25  before the scheduled court appearance date, that security was

26  in effect at the time of the violation, the court may

27  immediately suspend the registration and driver's license of

28  such person.  Such license and registration may only be

29  reinstated as provided in s. 627.733 or s. 324.023.

30         Section 3.  Subsection (7) of section 627.733, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2007                                   SB 846
    13-693A-07




 1         627.733  Required security.--

 2         (7)  Any operator or owner whose driver's license or

 3  registration has been suspended pursuant to this section or s.

 4  316.646 may effect its reinstatement upon compliance with the

 5  requirements of this section and upon payment to the

 6  Department of Highway Safety and Motor Vehicles of a

 7  nonrefundable reinstatement fee of $150 for the first

 8  reinstatement.  Such reinstatement fee shall be $250 for the

 9  second reinstatement and $500 for each subsequent

10  reinstatement during the 3 years following the first

11  reinstatement. Any person reinstating her or his insurance

12  under this subsection must also secure noncancelable coverage

13  as described in ss. s. 627.7275(2) and 324.021(8) and present

14  to the appropriate person proof that the coverage is in force

15  on a form promulgated by the Department of Highway Safety and

16  Motor Vehicles, such proof to be maintained for 2 years.  If

17  the person does not have a second reinstatement within 3 years

18  after her or his initial reinstatement, the reinstatement fee

19  shall be $150 for the first reinstatement after that 3-year

20  period. In the event that a person's license and registration

21  are suspended pursuant to this section or s. 316.646, only one

22  reinstatement fee shall be paid to reinstate the license and

23  the registration. All fees shall be collected by the

24  Department of Highway Safety and Motor Vehicles at the time of

25  reinstatement. The Department of Highway Safety and Motor

26  Vehicles shall issue proper receipts for such fees and shall

27  promptly deposit those fees in the Highway Safety Operating

28  Trust Fund. One-third of the fee collected under this

29  subsection shall be distributed from the Highway Safety

30  Operating Trust Fund to the local government entity or state

31  agency which employed the law enforcement officer who seizes a

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    Florida Senate - 2007                                   SB 846
    13-693A-07




 1  license plate pursuant to s. 324.201. Such funds may be used

 2  by the local government entity or state agency for any

 3  authorized purpose.

 4         Section 4.  This act shall take effect upon becoming a

 5  law.

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 7            *****************************************

 8                          SENATE SUMMARY

 9    Requires proof of increased financial responsibility for
      bodily injury or death caused by owners or operators of
10    motor vehicles who previously have been found guilty of
      DUI.
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