Senate Bill sb0846c1

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    Florida Senate - 2007                            CS for SB 846

    By the Committee on Transportation; and Senator Jones





    596-2200-07

  1                      A bill to be entitled

  2         An act relating to motor vehicle financial

  3         responsibility; creating s. 324.023, F.S.;

  4         requiring proof of increased financial

  5         responsibility for bodily injury or death

  6         caused by owners or operators found guilty of a

  7         DUI offense or who had a license or driving

  8         privilege revoked or suspended under a

  9         specified provision; amending ss. 316.646 and

10         320.02, F.S.; conforming provisions; amending

11         s. 627.733, F.S.; providing an additional

12         cross-reference concerning motor vehicle

13         security following motor vehicle license or

14         registration suspension; providing an effective

15         date.

16  

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

18  

19         Section 1.  Section 324.023, Florida Statutes, is

20  created to read:

21         324.023  Financial responsibility for bodily injury or

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

23  required by law, every owner or operator of a motor vehicle

24  that is required to be registered in this state, or that is

25  located within this state, and who has been found guilty of a

26  charge of DUI pursuant to s. 316.193 after October 1, 2007,

27  shall, by one of the methods established in s. 324.031(1),

28  (2), or (3), establish and maintain the ability to respond in

29  damages for liability on account of accidents arising out of

30  the use of a motor vehicle in the amount of $100,000 because

31  of bodily injury to, or death of, one person in any one crash

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    Florida Senate - 2007                            CS for SB 846
    596-2200-07




 1  and, subject to such limits for one person, in the amount of

 2  $300,000 because of bodily injury to, or death of, two or more

 3  persons in any one crash and in the amount of $50,000 because

 4  of property damage in any one crash. If the owner or operator

 5  chooses to establish and maintain such ability by posting a

 6  bond or furnishing a certificate of deposit pursuant to s.

 7  324.031(2) or (3), such bond or certificate of deposit must be

 8  in an amount not less than $350,000.

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

10  Florida Statutes, are amended to read:

11         316.646  Security required; proof of security and

12  display thereof; dismissal of cases.--

13         (1)  Any person required by s. 324.023 to maintain

14  liability security for bodily injury or death or any person

15  required by s. 627.733 to maintain personal injury protection

16  security on a motor vehicle shall have in his or her immediate

17  possession at all times while operating such motor vehicle

18  proper proof of maintenance of the required security required

19  by s. 627.733. Such proof shall be either a uniform

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

21  department, a valid insurance policy, an insurance policy

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

23  be prescribed by the department.

24         (3)  Any person who violates this section commits is

25  guilty of a nonmoving traffic infraction subject to the

26  penalty provided in chapter 318 and shall be required to

27  furnish proof of security as provided in this section. If any

28  person charged with a violation of this section fails to

29  furnish proof, at or before the scheduled court appearance

30  date, that security was in effect at the time of the

31  violation, the court may immediately suspend the registration

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    Florida Senate - 2007                            CS for SB 846
    596-2200-07




 1  and driver's license of such person. Such license and

 2  registration may only be reinstated as provided in s. 627.733.

 3         Section 3.  Paragraphs (a) and (b) of subsection (5) of

 4  section 320.02, Florida Statutes, are amended to read:

 5         320.02  Registration required; application for

 6  registration; forms.--

 7         (5)(a)  Proof that personal injury protection benefits

 8  have been purchased when required under s. 627.733, that

 9  property damage liability coverage has been purchased as

10  required under s. 324.022, that bodily injury or death

11  coverage has been purchased if required under s. 324.023, and

12  that combined bodily liability insurance and property damage

13  liability insurance have been purchased when required under s.

14  627.7415 shall be provided in the manner prescribed by law by

15  the applicant at the time of application for registration of

16  any motor vehicle owned as defined in s. 627.732. The issuing

17  agent shall refuse to issue registration if such proof of

18  purchase is not provided. Insurers shall furnish uniform

19  proof-of-purchase cards in a form prescribed by the department

20  and shall include the name of the insured's insurance company,

21  the coverage identification number, the make, year, and

22  vehicle identification number of the vehicle insured. The card

23  shall contain a statement notifying the applicant of the

24  penalty specified in s. 316.646(4). The card or insurance

25  policy, insurance policy binder, or certificate of insurance

26  or a photocopy of any of these; an affidavit containing the

27  name of the insured's insurance company, the insured's policy

28  number, and the make and year of the vehicle insured; or such

29  other proof as may be prescribed by the department shall

30  constitute sufficient proof of purchase. If an affidavit is

31  

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    Florida Senate - 2007                            CS for SB 846
    596-2200-07




 1  provided as proof, it shall be in substantially the following

 2  form:

 3  

 4  Under penalty of perjury, I ...(Name of insured)... do hereby

 5  certify that I have ...(Personal Injury Protection, Property

 6  Damage Liability, and, when required, Bodily Injury

 7  Liability)... Insurance currently in effect with ...(Name of

 8  insurance company)... under ...(policy number)... covering

 9  ...(make, year, and vehicle identification number of

10  vehicle)....  ...(Signature of Insured)...

11  

12  Such affidavit shall include the following warning:

13  

14  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE

15  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

16  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS

17  SUBJECT TO PROSECUTION.

18  

19  When an application is made through a licensed motor vehicle

20  dealer as required in s. 319.23, the original or a photostatic

21  copy of such card, insurance policy, insurance policy binder,

22  or certificate of insurance or the original affidavit from the

23  insured shall be forwarded by the dealer to the tax collector

24  of the county or the Department of Highway Safety and Motor

25  Vehicles for processing.  By executing the aforesaid

26  affidavit, no licensed motor vehicle dealer will be liable in

27  damages for any inadequacy, insufficiency, or falsification of

28  any statement contained therein. A card shall also indicate

29  the existence of any bodily injury liability insurance

30  voluntarily purchased.

31  

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    Florida Senate - 2007                            CS for SB 846
    596-2200-07




 1         (b)  When an operator who owns a motor vehicle is

 2  subject to the financial responsibility requirements of

 3  chapter 324, including ss. s. 324.022 and 324.023, such

 4  operator shall provide proof of compliance with such financial

 5  responsibility requirements at the time of registration of any

 6  such motor vehicle by one of the methods constituting

 7  sufficient proof of purchase under paragraph (a). The issuing

 8  agent shall refuse to register a motor vehicle if such proof

 9  of purchase is not provided or if one of the other methods of

10  proving financial responsibility as set forth in s. 324.031 is

11  not met.

12         Section 4.  Subsection (7) of section 627.733, Florida

13  Statutes, is amended to read:

14         627.733  Required security.--

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

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

17  316.646 may effect its reinstatement upon compliance with the

18  requirements of this section and upon payment to the

19  Department of Highway Safety and Motor Vehicles of a

20  nonrefundable reinstatement fee of $150 for the first

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

22  second reinstatement and $500 for each subsequent

23  reinstatement during the 3 years following the first

24  reinstatement. Any person reinstating her or his insurance

25  under this subsection must also secure noncancelable coverage

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

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

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

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

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

31  after her or his initial reinstatement, the reinstatement fee

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    Florida Senate - 2007                            CS for SB 846
    596-2200-07




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

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

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

 4  reinstatement fee shall be paid to reinstate the license and

 5  the registration. All fees shall be collected by the

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

 7  reinstatement. The Department of Highway Safety and Motor

 8  Vehicles shall issue proper receipts for such fees and shall

 9  promptly deposit those fees in the Highway Safety Operating

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

11  subsection shall be distributed from the Highway Safety

12  Operating Trust Fund to the local government entity or state

13  agency which employed the law enforcement officer who seizes a

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

15  by the local government entity or state agency for any

16  authorized purpose.

17         Section 5.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 846

22                                 

23  The committee substitute (CS) makes the provisions of the bill
    applicable only to those found guilty of a DUI after October
24  1, 2007. The CS deletes the retroactive provision of the new
    limits.
25  
    The CS requires tax collector employees to verify that BI
26  insurance has been purchased by a person required to do so
    under s. 324.023, F.S., at the time the person applies for a
27  vehicle registration or registration renewal.

28  The CS corrects an incorrect reference to a conforming
    provision.
29  

30  

31  

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