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.