Florida Senate - 2009 SB 1992
By Senator Wise
5-01490-09 20091992__
1 A bill to be entitled
2 An act relating to driver responsibility; creating s.
3 322.2701, F.S.; providing a short title; creating s.
4 322.27021, F.S.; directing the Department of Highway
5 Safety and Motor Vehicles to assess a specified annual
6 surcharge against a person who accumulates points
7 under specified provisions against his or her driver’s
8 license within a certain timeframe; requiring the
9 department to notify a licensee upon assignment of a
10 certain number of points; providing applicability;
11 creating s. 322.27022, F.S.; directing the department
12 to assess specified annual surcharges against a person
13 who has a final conviction within a certain timeframe
14 for a DUI offense; providing applicability; creating
15 s. 322.27023, F.S.; directing the department to assess
16 specified annual surcharges against a person driving
17 without a valid driver’s license or without financial
18 responsibility; providing applicability; creating s.
19 322.2704, F.S.; requiring the department to notify
20 licensees of the surcharges, the time period in which
21 to pay the surcharges, and consequences of
22 noncompliance; requiring the department to suspend a
23 driver’s license if the licensee does not pay the
24 surcharge or arrange for installment payments within a
25 specified time after the notice of surcharge is sent;
26 specifying the period of suspension; creating s.
27 322.2705, F.S.; directing the department to provide by
28 rule for installment payments of the surcharges;
29 authorizing the department to adopt rules to permit
30 licensees to pay assessed surcharges with credit
31 cards; providing for content of such rules; requiring
32 the department to suspend a driver’s license if the
33 credit card payment is subsequently reversed;
34 specifying the period of suspension; creating s.
35 322.2706, F.S.; directing the department to enter into
36 a contract with a vendor for the collection of
37 specified annual surcharges; creating s. 322.2707,
38 F.S.; authorizing the department to adopt rules to
39 offer certain incentives and to establish an amnesty
40 program and an indigents program for the payment of
41 surcharges; creating s. 322.2709, F.S.; providing for
42 distribution of moneys derived from surcharges
43 collected by the department; amending s. 318.121,
44 F.S.; exempting specified provisions from a limitation
45 on surcharges added to civil traffic penalties;
46 providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 322.2701, Florida Statutes, is created
51 to read:
52 322.2701 Short title.—Sections 322.2701-322.2709 may be
53 cited as “Florida’s Driver Responsibility Law.”
54 Section 2. Section 322.27021, Florida Statutes, is created
55 to read:
56 322.27021 Surcharge for points.—
57 (1) Each year, the department shall assess a surcharge on
58 each person who has accumulated 7 or more points under s. 322.27
59 against his or her driver’s license during the preceding 36
60 month period.
61 (2) The amount of the surcharge under this section is $120
62 for the first 7 points and $25 for each additional point.
63 (3) The department shall notify the holder of a driver’s
64 license of the assignment of a 4th point on that license by
65 first-class mail sent to the person’s most recent address as
66 shown on the records of the department.
67 (4) This section does not apply to a conviction that
68 becomes final before July 1, 2009.
69 Section 3. Section 322.27022, Florida Statutes, is created
70 to read:
71 322.27022 Surcharge for conviction of driving under the
72 influence.—
73 (1) Each year, the department shall assess a surcharge on
74 each person who has a final conviction during the preceding 36
75 month period for a violation of s. 316.193.
76 (2) The amount of the surcharge under this section is:
77 (a) Five hundred dollars per year for a first conviction.
78 (b) Seven hundred fifty dollars per year for a second or
79 subsequent conviction within a 36-month period.
80 (c) One thousand dollars per year for a first or subsequent
81 conviction if the blood-alcohol level of the person was 0.20 or
82 higher at the time the analysis was performed.
83 (3) A surcharge under this section may not be assessed for
84 the same conviction for a period longer than 36 months.
85 (4) This section does not apply to a conviction that
86 becomes final before July 1, 2009.
87 Section 4. Section 322.27023, Florida Statutes, is created
88 to read:
89 322.27023 Surcharge for conviction of driving without a
90 valid license or without financial responsibility.—
91 (1) Each year, the department shall assess a surcharge on
92 each person who has a final conviction during the preceding 36
93 month period for a violation of s. 322.03, s. 322.065, s.
94 324.021, or s. 627.733.
95 (2) The amount of a surcharge under this section is $120
96 per year.
97 (3) This section does not apply to a conviction that
98 becomes final before July 1, 2009.
99 Section 5. Section 322.2704, Florida Statutes, is created
100 to read:
101 322.2704 Notice of surcharge.—
102 (1) The department shall notify the holder of a driver’s
103 license of the assessment of a surcharge under ss. 322.2701
104 322.2709, Florida’s Driver Responsibility Law, by first-class
105 mail sent to the person’s most recent address as shown on the
106 records of the department. The notice must specify the date by
107 which the surcharge must be paid and state the consequences of
108 failure to pay the surcharge.
109 (2) If the person fails to pay the full amount of the
110 surcharge or fails to enter into an installment payment
111 agreement with the department within 30 days after the date the
112 notification was sent, the person’s license shall be
113 automatically suspended.
114 (3) A license suspended under this section shall remain
115 suspended until the person pays the full amount of the surcharge
116 or the installment payment under s. 322.2705 and any related
117 costs.
118 Section 6. Section 322.2705, Florida Statutes, is created
119 to read:
120 322.2705 Payment of surcharges.—
121 (1) The department shall by rule provide for the payment of
122 a surcharge under ss. 322.2701-322.2709, Florida’s Driver
123 Responsibility Law, in installments.
124 (2) A rule under this section:
125 (a) May not permit a person to pay a surcharge:
126 1. Of less than $2,300 over a period of more than 12
127 consecutive months; or
128 2. Of $2,300 or more over a period of more than 24
129 consecutive months.
130 (b) May provide that the department may declare the amount
131 of the unpaid surcharge immediately due and payable if the
132 person fails to make a required installment payment.
133 (3) The department may by rule authorize the payment of a
134 surcharge by use of a credit card. The rules shall require the
135 person to pay all costs incurred by the department in connection
136 with the acceptance of the credit card.
137 (4) If a person pays a surcharge or related cost by credit
138 card and the amount is subsequently reversed by the issuer of
139 the credit card, the person’s license shall be automatically
140 suspended.
141 (5) A license suspended under this section remains
142 suspended until the person pays the full amount of the surcharge
143 or all past-due installments and any related costs.
144 Section 7. Section 322.2706, Florida Statutes, is created
145 to read:
146 322.2706 Contracts for collection of surcharges.—The
147 department shall enter into a contract with a vendor for the
148 collection of surcharges receivable under ss. 322.2701-322.2709,
149 Florida’s Driver Responsibility Law.
150 Section 8. Section 322.2707, Florida Statutes is created to
151 read:
152 322.2707 Amnesty and incentives.—
153 (1) The department may by rule establish a periodic amnesty
154 program for holders of a driver’s license on which a surcharge
155 has been assessed under ss. 322.2701-322.2709, Florida’s Driver
156 Responsibility Law, for certain offenses, as determined by the
157 department.
158 (2) The department may by rule offer a holder of a driver’s
159 license on which a surcharge has been assessed under ss.
160 322.2701-322.2709, Florida’s Driver Responsibility Law, an
161 incentive for compliance with the law and efforts at
162 rehabilitation, including a reduction of a surcharge or a
163 decrease in the length of an installment plan.
164 (3) The department may by rule establish an indigents
165 program for holders of a driver’s license on which a surcharge
166 has been assessed under ss. 322.2701-322.2709, Florida’s Driver
167 Responsibility Law, for certain offenses, as determined by the
168 department.
169 Section 9. Section 322.2709, Florida Statutes, is created
170 to read:
171 322.2709 Remittance of surcharges collected.—Moneys derived
172 from a surcharge collected by the department under ss. 322.2701
173 322.2709, Florida’s Driver Responsibility Law, shall be
174 distributed as follows:
175 (1) Up to 1 percent shall be used to provide public service
176 announcements to notify the public of the provisions of
177 Florida’s Driver Responsibility Law.
178 (2) Of the remaining moneys:
179 (a) Fifty percent shall be remitted to the Department of
180 Revenue to be deposited into the Department of Highway Safety
181 and Motor Vehicles Law Enforcement Trust Fund to recruit and
182 retain officers of the Florida Highway Patrol, which includes
183 all career service levels of rank.
184 (b) Fifty percent shall be remitted to the Department of
185 Revenue to be deposited into the Department of Health
186 Administrative Trust Fund to provide financial support to
187 certified trauma centers to ensure the availability and
188 accessibility of trauma services throughout the state.
189 Section 10. Section 318.121, Florida Statutes, is amended
190 to read:
191 318.121 Preemption of additional fees, fines, surcharges,
192 and costs.—Notwithstanding any general or special law, or
193 municipal or county ordinance, additional fees, fines,
194 surcharges, or costs other than the court costs and surcharges
195 assessed under s. 318.18(11), (13), and (18) or under ss.
196 322.2701-322.2709 may not be added to the civil traffic
197 penalties assessed in this chapter.
198 Section 11. This act shall take effect July 1, 2009.