Florida Senate - 2009 CS for SB 1992 By the Committee on Finance and Tax; and Senator Wise 593-05161-09 20091992c1 1 A bill to be entitled 2 An act relating to driver responsibility; amending s. 3 316.192, F.S.; providing for the addition of a 4 specified charge to any fine imposed for reckless 5 driving; providing for the distribution of proceeds 6 collected from the imposition of such charge; amending 7 s. 316.1932, F.S.; providing for the imposition of a 8 specified fine against each driver who refuses to 9 submit to a blood-alcohol level test when asked to do 10 so by a law enforcement officer; providing for the 11 distribution of proceeds collected from the imposition 12 of such fine; creating s. 322.2701, F.S.; providing a 13 short title; creating s. 322.27021, F.S.; directing 14 the Department of Highway Safety and Motor Vehicles to 15 assess a specified annual surcharge against a person 16 who accumulates points under specified provisions 17 against his or her driver’s license within a certain 18 timeframe; requiring the department to notify a 19 licensee upon assignment of a certain number of 20 points; providing applicability; creating s. 21 322.27022, F.S.; directing the department to assess 22 specified annual surcharges against a person who has a 23 final conviction within a certain timeframe for a DUI 24 offense; providing applicability; creating s. 25 322.27023, F.S.; directing the department to assess 26 specified annual surcharges against a person driving 27 without a valid driver’s license or without financial 28 responsibility; providing applicability; creating s. 29 322.2704, F.S.; requiring the department to notify 30 licensees of the surcharges, the time period in which 31 to pay the surcharges, and consequences of 32 noncompliance; requiring the department to suspend a 33 driver’s license if the licensee does not pay the 34 surcharge or arrange for installment payments within a 35 specified time after the notice of surcharge is sent; 36 specifying the period of suspension; creating s. 37 322.2705, F.S.; directing the department to provide by 38 rule for installment payments of the surcharges; 39 authorizing the department to adopt rules to permit 40 licensees to pay assessed surcharges with credit 41 cards; providing for content of such rules; requiring 42 the department to suspend a driver’s license if the 43 credit card payment is subsequently reversed; 44 specifying the period of suspension; creating s. 45 322.2706, F.S.; directing the department to enter into 46 a contract with a vendor for the collection of 47 specified annual surcharges; creating s. 322.2707, 48 F.S.; requiring the department to adopt a surcharge 49 reduction program by rule; requiring the department to 50 waive the surcharge for a noncriminal infraction 51 committed by a person within a certain time period; 52 requiring the department to reduce the amount of a 53 surcharge for certain drivers who complete a driver 54 improvement program; requiring the department to 55 reduce or extend the payment period for surcharges 56 assessed against indigent persons; creating s. 57 322.2709, F.S.; providing for distribution of moneys 58 derived from surcharges collected by the department; 59 amending s. 318.121, F.S.; exempting specified 60 provisions from a limitation on surcharges added to 61 civil traffic penalties; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. Present subsection (5) of section 316.192, 66 Florida Statutes, is redesignated as subsection (6), and a new 67 subsection (5) is added to that section, to read: 68 316.192 Reckless driving.— 69 (5) Notwithstanding any other provision of this section, an 70 additional charge in the amount of $300 shall be added to any 71 fine imposed pursuant to this section. One hundred fifty dollars 72 from each such charge shall be remitted to the Department of 73 Revenue for deposit into the Emergency Medical Services Trust 74 Fund and $150 shall be remitted to the Department of Revenue for 75 deposit into the Education Enhancement Trust Fund. 76 Section 2. Paragraph (a) of subsection (1) of section 77 316.1932, Florida Statutes, is amended to read: 78 316.1932 Tests for alcohol, chemical substances, or 79 controlled substances; implied consent; refusal.— 80 (1)(a)1.a. Any person who accepts the privilege extended by 81 the laws of this state of operating a motor vehicle within this 82 state is, by so operating such vehicle, deemed to have given his 83 or her consent to submit to an approved chemical test or 84 physical test including, but not limited to, an infrared light 85 test of his or her breath for the purpose of determining the 86 alcoholic content of his or her blood or breath if the person is 87 lawfully arrested for any offense allegedly committed while the 88 person was driving or was in actual physical control of a motor 89 vehicle while under the influence of alcoholic beverages. The 90 chemical or physical breath test must be incidental to a lawful 91 arrest and administered at the request of a law enforcement 92 officer who has reasonable cause to believe such person was 93 driving or was in actual physical control of the motor vehicle 94 within this state while under the influence of alcoholic 95 beverages. The administration of a breath test does not preclude 96 the administration of another type of test. The person shall be 97 told that his or her failure to submit to any lawful test of his 98 or her breath will result in the suspension of the person’s 99 privilege to operate a motor vehicle for a period of 1 year for 100 a first refusal, or for a period of 18 months if the driving 101 privilege of such person has been previously suspended as a 102 result of a refusal to submit to such a test or tests, and shall 103 also be told that if he or she refuses to submit to a lawful 104 test of his or her breath and his or her driving privilege has 105 been previously suspended for a prior refusal to submit to a 106 lawful test of his or her breath, urine, or blood, he or she 107 commits a misdemeanor in addition to any other penalties. The 108 refusal to submit to a chemical or physical breath test upon the 109 request of a law enforcement officer as provided in this section 110 is admissible into evidence in any criminal proceeding. 111 b. Any person who accepts the privilege extended by the 112 laws of this state of operating a motor vehicle within this 113 state is, by so operating such vehicle, deemed to have given his 114 or her consent to submit to a urine test for the purpose of 115 detecting the presence of chemical substances as set forth in s. 116 877.111 or controlled substances if the person is lawfully 117 arrested for any offense allegedly committed while the person 118 was driving or was in actual physical control of a motor vehicle 119 while under the influence of chemical substances or controlled 120 substances. The urine test must be incidental to a lawful arrest 121 and administered at a detention facility or any other facility, 122 mobile or otherwise, which is equipped to administer such tests 123 at the request of a law enforcement officer who has reasonable 124 cause to believe such person was driving or was in actual 125 physical control of a motor vehicle within this state while 126 under the influence of chemical substances or controlled 127 substances. The urine test shall be administered at a detention 128 facility or any other facility, mobile or otherwise, which is 129 equipped to administer such test in a reasonable manner that 130 will ensure the accuracy of the specimen and maintain the 131 privacy of the individual involved. The administration of a 132 urine test does not preclude the administration of another type 133 of test. The person shall be told that his or her failure to 134 submit to any lawful test of his or her urine will result in the 135 suspension of the person’s privilege to operate a motor vehicle 136 for a period of 1 year for the first refusal, or for a period of 137 18 months if the driving privilege of such person has been 138 previously suspended as a result of a refusal to submit to such 139 a test or tests, and shall also be told that if he or she 140 refuses to submit to a lawful test of his or her urine and his 141 or her driving privilege has been previously suspended for a 142 prior refusal to submit to a lawful test of his or her breath, 143 urine, or blood, he or she commits a misdemeanor in addition to 144 any other penalties. The refusal to submit to a urine test upon 145 the request of a law enforcement officer as provided in this 146 section is admissible into evidence in any criminal proceeding. 147 c. Notwithstanding any other provision of this section, a 148 fine in the amount of $300 shall be assessed against each driver 149 who refuses to submit to a blood-alcohol level test when asked 150 to do so by a law enforcement officer. One hundred fifty dollars 151 from each such fine shall be remitted to the Department of 152 Revenue for deposit into the Emergency Medical Services Trust 153 Fund and $150 shall be remitted to the Department of Revenue for 154 deposit into the Education Enhancement Trust Fund. 155 2. The Alcohol Testing Program within the Department of Law 156 Enforcement is responsible for the regulation of the operation, 157 inspection, and registration of breath test instruments utilized 158 under the driving and boating under the influence provisions and 159 related provisions located in this chapter and chapters 322 and 160 327. The program is responsible for the regulation of the 161 individuals who operate, inspect, and instruct on the breath 162 test instruments utilized in the driving and boating under the 163 influence provisions and related provisions located in this 164 chapter and chapters 322 and 327. The program is further 165 responsible for the regulation of blood analysts who conduct 166 blood testing to be utilized under the driving and boating under 167 the influence provisions and related provisions located in this 168 chapter and chapters 322 and 327. The program shall: 169 a. Establish uniform criteria for the issuance of permits 170 to breath test operators, agency inspectors, instructors, blood 171 analysts, and instruments. 172 b. Have the authority to permit breath test operators, 173 agency inspectors, instructors, blood analysts, and instruments. 174 c. Have the authority to discipline and suspend, revoke, or 175 renew the permits of breath test operators, agency inspectors, 176 instructors, blood analysts, and instruments. 177 d. Establish uniform requirements for instruction and 178 curricula for the operation and inspection of approved 179 instruments. 180 e. Have the authority to specify one approved curriculum 181 for the operation and inspection of approved instruments. 182 f. Establish a procedure for the approval of breath test 183 operator and agency inspector classes. 184 g. Have the authority to approve or disapprove breath test 185 instruments and accompanying paraphernalia for use pursuant to 186 the driving and boating under the influence provisions and 187 related provisions located in this chapter and chapters 322 and 188 327. 189 h. With the approval of the executive director of the 190 Department of Law Enforcement, make and enter into contracts and 191 agreements with other agencies, organizations, associations, 192 corporations, individuals, or federal agencies as are necessary, 193 expedient, or incidental to the performance of duties. 194 i. Issue final orders which include findings of fact and 195 conclusions of law and which constitute final agency action for 196 the purpose of chapter 120. 197 j. Enforce compliance with the provisions of this section 198 through civil or administrative proceedings. 199 k. Make recommendations concerning any matter within the 200 purview of this section, this chapter, chapter 322, or chapter 201 327. 202 l. Promulgate rules for the administration and 203 implementation of this section, including definitions of terms. 204 m. Consult and cooperate with other entities for the 205 purpose of implementing the mandates of this section. 206 n. Have the authority to approve the type of blood test 207 utilized under the driving and boating under the influence 208 provisions and related provisions located in this chapter and 209 chapters 322 and 327. 210 o. Have the authority to specify techniques and methods for 211 breath alcohol testing and blood testing utilized under the 212 driving and boating under the influence provisions and related 213 provisions located in this chapter and chapters 322 and 327. 214 p. Have the authority to approve repair facilities for the 215 approved breath test instruments, including the authority to set 216 criteria for approval. 217 218 Nothing in this section shall be construed to supersede 219 provisions in this chapter and chapters 322 and 327. The 220 specifications in this section are derived from the power and 221 authority previously and currently possessed by the Department 222 of Law Enforcement and are enumerated to conform with the 223 mandates of chapter 99-379, Laws of Florida. 224 Section 3. Section 322.2701, Florida Statutes, is created 225 to read: 226 322.2701 Short title.—Sections 322.2701-322.2709 may be 227 cited as “Florida’s Driver Responsibility Law.” 228 Section 4. Section 322.27021, Florida Statutes, is created 229 to read: 230 322.27021 Surcharge for points.— 231 (1) Each year, the department shall assess a surcharge on 232 each person who has accumulated 7 or more points under s. 322.27 233 against his or her driver’s license during the preceding 36 234 month period. 235 (2) The amount of the surcharge under this section is $120 236 for the first 7 points and $25 for each additional point. 237 (3) The department shall notify the holder of a driver’s 238 license of the assignment of a 4th point on that license by 239 first-class mail sent to the person’s most recent address as 240 shown on the records of the department. 241 (4) This section does not apply to a conviction that 242 becomes final before July 1, 2009. 243 Section 5. Section 322.27022, Florida Statutes, is created 244 to read: 245 322.27022 Surcharge for conviction of driving under the 246 influence.— 247 (1) Each year, the department shall assess a surcharge on 248 each person who has a final conviction during the preceding 36 249 month period for a violation of s. 316.193. 250 (2) The amount of the surcharge under this section is: 251 (a) Five hundred dollars per year for a first conviction. 252 (b) Seven hundred fifty dollars per year for a second or 253 subsequent conviction within a 36-month period. 254 (c) One thousand dollars per year for a first or subsequent 255 conviction if the blood-alcohol level of the person was 0.20 or 256 higher at the time the analysis was performed. 257 (3) A surcharge under this section may not be assessed for 258 the same conviction for a period longer than 36 months. 259 (4) This section does not apply to a conviction that 260 becomes final before July 1, 2009. 261 Section 6. Section 322.27023, Florida Statutes, is created 262 to read: 263 322.27023 Surcharge for conviction of driving without a 264 valid license or without financial responsibility.— 265 (1) Each year, the department shall assess a surcharge on 266 each person who has a final conviction during the preceding 36 267 month period for a violation of s. 322.03, s. 322.065, s. 268 324.021, or s. 627.733. 269 (2) The amount of a surcharge under this section is $120 270 per year. 271 (3) This section does not apply to a conviction that 272 becomes final before July 1, 2009. 273 Section 7. Section 322.2704, Florida Statutes, is created 274 to read: 275 322.2704 Notice of surcharge.— 276 (1) The department shall notify the holder of a driver’s 277 license of the assessment of a surcharge under ss. 322.2701 278 322.2709, Florida’s Driver Responsibility Law, by first-class 279 mail sent to the person’s most recent address as shown on the 280 records of the department. The notice must specify the date by 281 which the surcharge must be paid and state the consequences of 282 failure to pay the surcharge. 283 (2) If the person fails to pay the full amount of the 284 surcharge or fails to enter into an installment payment 285 agreement with the department within 30 days after the date the 286 notification was sent, the person’s license shall be 287 automatically suspended. 288 (3) A license suspended under this section shall remain 289 suspended until the person pays the full amount of the surcharge 290 or the installment payment under s. 322.2705 and any related 291 costs. 292 Section 8. Section 322.2705, Florida Statutes, is created 293 to read: 294 322.2705 Payment of surcharges.— 295 (1) The department shall by rule provide for the payment of 296 a surcharge under ss. 322.2701-322.2709, Florida’s Driver 297 Responsibility Law, in installments. 298 (2) A rule under this section: 299 (a) May not permit a person to pay a surcharge: 300 1. Of less than $2,300 over a period of more than 12 301 consecutive months; or 302 2. Of $2,300 or more over a period of more than 24 303 consecutive months. 304 (b) May provide that the department may declare the amount 305 of the unpaid surcharge immediately due and payable if the 306 person fails to make a required installment payment. 307 (3) The department may by rule authorize the payment of a 308 surcharge by use of a credit card. The rules shall require the 309 person to pay all costs incurred by the department in connection 310 with the acceptance of the credit card. 311 (4) If a person pays a surcharge or related cost by credit 312 card and the amount is subsequently reversed by the issuer of 313 the credit card, the person’s license shall be automatically 314 suspended. 315 (5) A license suspended under this section remains 316 suspended until the person pays the full amount of the surcharge 317 or all past-due installments and any related costs. 318 Section 9. Section 322.2706, Florida Statutes, is created 319 to read: 320 322.2706 Contracts for collection of surcharges.—The 321 department shall enter into a contract with a vendor for the 322 collection of surcharges receivable under ss. 322.2701-322.2709, 323 Florida’s Driver Responsibility Law. 324 Section 10. Section 322.2707, Florida Statutes, is created 325 to read: 326 322.2707 Surcharge reduction program.— 327 (1) The department shall establish a surcharge reduction 328 program by rule to extend the payment period for a surcharge or 329 to waive or reduce a surcharge assessed under ss. 322.2701 330 322.2709, the Florida’s Driver Responsibility Law. 331 (2) The program shall waive the surcharge resulting from 332 the first noncriminal infraction committed by a person within 333 the preceding 48-month period. 334 (3) The program shall reduce the surcharge assessed as a 335 result of points assessed under s. 322.27 for a person who 336 completes a driver improvement program prescribed by the 337 department. The department shall establish the amount of the 338 reduction to create an incentive for drivers to enroll in a 339 driver improvement program. The reduction shall be available to 340 a driver once per 60-month period. The amount of the reduction 341 may not exceed $100. However, the reduction may not exceed $75 342 for a driver who, within the preceding 3-year period, was 343 assessed points for violations relating to a motor vehicle 344 accident or violations identified by the department as most 345 likely to cause accidents with injuries. 346 (4) The program shall reduce or extend the payment period 347 for surcharges exceeding $400 annually which are imposed on 348 persons who are indigent. In determining whether a person is 349 indigent, the department shall use the standards for eligibility 350 for the appointment of a public defender under s. 27.52. The 351 maximum reduction may not exceed 75 percent of a surcharge. The 352 maximum payment period may not be extended by more than one 353 year. The rules shall require the department to consider the 354 particular circumstances affecting a person upon whom a 355 surcharge is imposed and to limit the extent to which reductions 356 are available. The department may condition eligibility for a 357 reduction on the completion of a driver improvement program. The 358 department may charge a fee in an amount equal to the 359 department’s costs to determine a person’s indigent status. 360 Section 11. Section 322.2709, Florida Statutes, is created 361 to read: 362 322.2709 Remittance of surcharges collected.—Moneys derived 363 from a surcharge collected by the department under ss. 322.2701 364 322.2709, Florida’s Driver Responsibility Law, shall be 365 distributed as follows: 366 (1) Up to 1 percent shall be used to provide public service 367 announcements to notify the public of the provisions of 368 Florida’s Driver Responsibility Law. 369 (2) Of the remaining moneys: 370 (a) Fifty percent shall be remitted to the Department of 371 Revenue to be deposited into the Department of Highway Safety 372 and Motor Vehicles Law Enforcement Trust Fund to recruit and 373 retain officers of the Florida Highway Patrol, which includes 374 all career service levels of rank. 375 (b) Fifty percent shall be remitted to the Department of 376 Revenue to be deposited into the Department of Health 377 Administrative Trust Fund to provide financial support to 378 certified trauma centers to ensure the availability and 379 accessibility of trauma services throughout the state. 380 Section 12. Section 318.121, Florida Statutes, is amended 381 to read: 382 318.121 Preemption of additional fees, fines, surcharges, 383 and costs.—Notwithstanding any general or special law, or 384 municipal or county ordinance, additional fees, fines, 385 surcharges, or costs other than the court costs and surcharges 386 assessed under s. 318.18(11), (13), and (18) or under ss. 387 322.2701-322.2709 may not be added to the civil traffic 388 penalties assessed in this chapter. 389 Section 13. This act shall take effect July 1, 2009.