| 1 | Representative Legg offered the following: |
| 2 |
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| 3 | Amendment to Amendment (615905) (with title amendment) |
| 4 | Between lines 1988 and 1989, insert: |
| 5 | Section 48. Effective July 1, 2008, section 322.75, |
| 6 | Florida Statutes, is created to read: |
| 7 | 322.75 Short title.--Sections 322.75-322.754 may be cited |
| 8 | as "Florida's Driver Responsibility Law." |
| 9 | Section 49. Effective July 1, 2008, section 322.751, |
| 10 | Florida Statutes, is created to read: |
| 11 | 322.751 Surcharge for points.-- |
| 12 | (1) Each year, the department shall assess a surcharge on |
| 13 | each person who has accumulated 7 or more points against his or |
| 14 | her driver's license during the preceding 36-month period. |
| 15 | (2) The amount of the surcharge under this section is $120 |
| 16 | for the first 7 points and $25 for each additional point. |
| 17 | (3) The department shall notify the holder of a driver's |
| 18 | license of the assignment of a 4th point on that license by |
| 19 | first-class mail sent to the person's most recent address as |
| 20 | shown on the records of the department. |
| 21 | (4) This section does not apply to a conviction that |
| 22 | becomes final before July 1, 2008. |
| 23 | Section 50. Effective July 1, 2008, section 322.7515, |
| 24 | Florida Statutes, is created to read: |
| 25 | 322.7515 Surcharge for conviction of driving under the |
| 26 | influence.-- |
| 27 | (1) Each year, the department shall assess a surcharge on |
| 28 | each person who has a final conviction during the preceding 36- |
| 29 | month period for a violation of s. 316.193. |
| 30 | (2) The amount of the surcharge under this section is: |
| 31 | (a) Five hundred dollars per year for a first conviction. |
| 32 | (b) Seven hundred fifty dollars per year for a second or |
| 33 | subsequent conviction within a 36-month period. |
| 34 | (c) One thousand dollars per year for a first or |
| 35 | subsequent conviction if the blood-alcohol level of the person |
| 36 | was 0.20 or higher at the time the analysis was performed. |
| 37 | (3) A surcharge under this section may not be assessed for |
| 38 | the same conviction for a period longer than 36 months. |
| 39 | (4) This section does not apply to a conviction that |
| 40 | becomes final before July 1, 2008. |
| 41 | Section 51. Effective July 1, 2008, section 322.752, |
| 42 | Florida Statutes, is created to read: |
| 43 | 322.752 Surcharge for conviction of driving without a |
| 44 | valid license or without financial responsibility.-- |
| 45 | (1) Each year, the department shall assess a surcharge on |
| 46 | each person who has a final conviction during the preceding 36- |
| 47 | month period for a violation of s. 322.03, s. 322.065, s. |
| 48 | 324.021, or s. 627.733. |
| 49 | (2) The amount of a surcharge under this section is $120 |
| 50 | per year. |
| 51 | (3) This section does not apply to a conviction that |
| 52 | becomes final before July 1, 2008. |
| 53 | Section 52. Effective July 1, 2008, section 322.7525, |
| 54 | Florida Statutes, is created to read: |
| 55 | 322.7525 Notice of surcharge.-- |
| 56 | (1) The department shall notify the holder of a driver's |
| 57 | license of the assessment of a surcharge under Florida's Driver |
| 58 | Responsibility Law by first-class mail sent to the person's most |
| 59 | recent address as shown on the records of the department. The |
| 60 | notice must specify the date by which the surcharge must be paid |
| 61 | and state the consequences of a failure to pay the surcharge. |
| 62 | (2) If the person fails to pay the full amount of the |
| 63 | surcharge or fails to enter into an installment payment |
| 64 | agreement with the department within 30 days after the date the |
| 65 | notification was sent, the person's license shall be |
| 66 | automatically suspended. |
| 67 | (3) A license suspended under this section shall remain |
| 68 | suspended until the person pays the full amount of the surcharge |
| 69 | or the installment payment under s. 322.753 and any related |
| 70 | costs. |
| 71 | Section 53. Effective July 1, 2008, section 322.753, |
| 72 | Florida Statutes, is created to read: |
| 73 | 322.753 Installment payment of surcharges.-- |
| 74 | (1) The department shall by rule provide for the payment |
| 75 | of a surcharge under Florida's Driver Responsibility Law in |
| 76 | installments. |
| 77 | (2) A rule under this section: |
| 78 | (a) May not permit a person to pay a surcharge: |
| 79 | 1. Of less than $2,300 over a period of more than 12 |
| 80 | consecutive months; or |
| 81 | 2. Of $2,300 or more over a period of more than 24 |
| 82 | consecutive months. |
| 83 | (b) May provide that the department may declare the amount |
| 84 | of the unpaid surcharge immediately due and payable if the |
| 85 | person fails to make a required installment payment. |
| 86 | (3) The department may by rule authorize the payment of a |
| 87 | surcharge by use of a credit card. The rules shall require the |
| 88 | person to pay all costs incurred by the department in connection |
| 89 | with the acceptance of the credit card. |
| 90 | (4) If a person pays a surcharge or related cost by credit |
| 91 | card and the amount is subsequently reversed by the issuer of |
| 92 | the credit card, the person's license shall be automatically |
| 93 | suspended. |
| 94 | (5) A license suspended under this section remains |
| 95 | suspended until the person pays the full amount of the surcharge |
| 96 | or all past-due installments and any related costs. |
| 97 | Section 54. Effective July 1, 2008, section 322.7535, |
| 98 | Florida Statutes, is created to read: |
| 99 | 322.7535 Contracts for collection of surcharges.--The |
| 100 | department may enter into a contract with a public or private |
| 101 | vendor for the collection of surcharges receivable under |
| 102 | Florida's Driver Responsibility Law. |
| 103 | Section 55. Effective July 1, 2008, section 322.7539, |
| 104 | Florida Statutes is created to read: |
| 105 | 322.7539 Amnesty and incentives.-- |
| 106 | (1) The department may by rule establish a periodic |
| 107 | amnesty program for holders of a driver's license on which a |
| 108 | surcharge has been assessed under Florida's Driver |
| 109 | Responsibility Law for certain offenses, as determined by the |
| 110 | department. |
| 111 | (2) The department may by rule offer a holder of a |
| 112 | driver's license on which a surcharge has been assessed an |
| 113 | incentive for compliance with the law and efforts at |
| 114 | rehabilitation, including a reduction of a surcharge or a |
| 115 | decrease in the length of an installment plan. |
| 116 | (3) The department may by rule establish an indigents |
| 117 | program for holders of a driver's license on which a surcharge |
| 118 | has been assessed under Florida's Driver Responsibility Law for |
| 119 | certain offenses, as determined by the department. |
| 120 | Section 56. Effective July 1, 2008, section 322.754, |
| 121 | Florida Statutes, is created to read: |
| 122 | 322.754 Remittance of surcharges collected.--Moneys |
| 123 | derived from a surcharge collected by the department under |
| 124 | Florida's Driver Responsibility Law shall be distributed as |
| 125 | follows: |
| 126 | (1) Fifty percent of the moneys shall be remitted to the |
| 127 | State Transportation Trust Fund to fund Strategic Intermodal |
| 128 | System projects prioritized in accordance with s. 339.64. |
| 129 | (2) Fifty percent of the moneys shall be remitted to the |
| 130 | Department of Health Administrative Trust Fund to provide |
| 131 | financial support to certified trauma centers to ensure the |
| 132 | availability and accessibility of trauma services throughout the |
| 133 | state. |
| 134 |
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| 135 |
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| 136 | ----------------------------------------------------- |
| 137 | T I T L E A M E N D M E N T |
| 138 | Between lines 2171 and 2172, insert: |
| 139 | creating s. 322.75, F.S.; providing a short title; creating s. |
| 140 | 322.751, F.S.; directing the Department of Highway Safety and |
| 141 | Motor Vehicles to assess specified annual surcharges against a |
| 142 | person who accumulates 7 or more points against his or her |
| 143 | driver's license within the previous 36 months; requiring the |
| 144 | department to notify a licensee by first-class mail upon receipt |
| 145 | of 4 points against his or her license; providing applicability; |
| 146 | creating s. 322.7515, F.S.; directing the department to assess |
| 147 | specified annual surcharges against a person who has a final |
| 148 | conviction within the previous 36 months for a DUI offense; |
| 149 | providing applicability; creating s. 322.752, F.S.; directing |
| 150 | the department to assess specified annual surcharges against a |
| 151 | person driving without a valid driver's license or without |
| 152 | financial responsibility; providing applicability; creating s. |
| 153 | 322.7525, F.S.; requiring the department to notify licensees of |
| 154 | the surcharges, the time period in which to pay the surcharges, |
| 155 | and consequences of noncompliance; requiring the department to |
| 156 | suspend a driver's license if the licensee does not pay the |
| 157 | surcharge or arrange for installment payments within a specified |
| 158 | time after the notice of surcharge is sent; specifying the |
| 159 | period of suspension; creating s. 322.753, F.S.; requiring the |
| 160 | department to provide by rule for installment payments of the |
| 161 | surcharges; allowing the department to permit licensees to pay |
| 162 | assessed surcharges with credit cards; requiring the department |
| 163 | to suspend a driver's license if the credit card payment is |
| 164 | subsequently reversed; specifying the period of suspension; |
| 165 | creating s. 322.7535, F.S.; authorizing the department to enter |
| 166 | into a contract with a public or private vendor for the |
| 167 | collection of specified annual surcharges; creating s. 322.7539, |
| 168 | F.S.; authorizing the department to offer certain incentives and |
| 169 | to establish an amnesty program and an indigents program for the |
| 170 | payment of surcharges; creating s. 322.754, F.S.; providing for |
| 171 | distribution of moneys derived from surcharges collected by the |
| 172 | department; |