HB 35

1
A bill to be entitled
2An act relating to driver's license fees; amending s.
3318.15, F.S.; increasing a service charge paid for
4reinstatement of a suspended driver's license and
5privilege to drive; amending s. 318.18, F.S.; increasing a
6civil penalty for late payment of civil traffic penalties;
7amending s. 322.21, F.S.; increasing the service fees for
8reinstating a suspended or revoked driver's license or a
9commercial motor vehicle license following
10disqualification of the privilege to operate a commercial
11motor vehicle; amending s. 322.29, F.S.; increasing the
12service charge for reinstatement of a driver's license and
13privilege to drive suspended under specified provisions;
14revising provisions for distribution and use of funds
15received; requiring that a certain amount of the funds be
16used to recruit and retain officers of the Florida Highway
17Patrol; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 318.15, Florida Statutes, is amended to
22read:
23     318.15  Failure to comply with civil penalty or to appear;
24penalty.--
25     (1)(a)  If a person fails to comply with the civil
26penalties provided in s. 318.18 within the time period specified
27in s. 318.14(4), fails to attend driver improvement school, or
28fails to appear at a scheduled hearing, the clerk of the court
29shall notify the Division of Driver Licenses of the Department
30of Highway Safety and Motor Vehicles of such failure within 10
31days after such failure. Upon receipt of such notice, the
32department shall immediately issue an order suspending the
33driver's license and privilege to drive of such person effective
3420 days after the date the order of suspension is mailed in
35accordance with s. 322.251(1), (2), and (6). Any such suspension
36of the driving privilege which has not been reinstated,
37including a similar suspension imposed outside Florida, shall
38remain on the records of the department for a period of 7 years
39from the date imposed and shall be removed from the records
40after the expiration of 7 years from the date it is imposed.
41     (b)  However, a person who elects to attend driver
42improvement school and has paid the civil penalty as provided in
43s. 318.14(9), but who subsequently fails to attend the driver
44improvement school within the time specified by the court shall
45be deemed to have admitted the infraction and shall be
46adjudicated guilty. In such case the person must pay the clerk
47of the court the 18 percent deducted pursuant to s. 318.14(9),
48and a processing fee of up to $18, after which no additional
49penalties, court costs, or surcharges shall be imposed for the
50violation. The clerk of the court shall notify the department of
51the person's failure to attend driver improvement school and
52points shall be assessed pursuant to s. 322.27.
53     (2)  After suspension of the driver's license and privilege
54to drive of a person under subsection (1), the license and
55privilege may not be reinstated until the person complies with
56all obligations and penalties imposed on him or her under s.
57318.18 and presents to a driver license office a certificate of
58compliance issued by the court, together with a nonrefundable
59service charge of up to $60 $47.50 imposed under s. 322.29, or
60presents a certificate of compliance and pays a the
61aforementioned service charge of up to $60 $47.50 to the clerk
62of the court or a driver licensing agent authorized in s.
63322.135 clearing such suspension. Of the charge collected by the
64clerk of the court or driver licensing agent, $10 shall be
65remitted to the Department of Revenue to be deposited into the
66Highway Safety Operating Trust Fund and $12.50 shall be remitted
67to the Department of Revenue to be deposited into the Department
68of Highway Safety and Motor Vehicles Law Enforcement Trust Fund
69and used to recruit and retain officers of the Florida Highway
70Patrol, which includes all career service levels of rank. Such
71person must shall also be in compliance with requirements of
72chapter 322 prior to reinstatement.
73     Section 2.  Paragraph (a) of subsection (8) of section
74318.18, Florida Statutes, is amended to read:
75     318.18  Amount of penalties.--The penalties required for a
76noncriminal disposition pursuant to s. 318.14 or a criminal
77offense listed in s. 318.17 are as follows:
78     (8)(a)  Any person who fails to comply with the court's
79requirements or who fails to pay the civil penalties specified
80in this section within the 30-day period provided for in s.
81318.14 must pay an additional civil penalty of $20 $12, $2.50 of
82which must be remitted to the Department of Revenue for deposit
83in the General Revenue Fund, and $9.50 of which must be remitted
84to the Department of Revenue for deposit in the Highway Safety
85Operating Trust Fund, and $8 of which must be remitted to the
86Department of Revenue for deposit in the Department of Highway
87Safety and Motor Vehicles Law Enforcement Trust Fund. The
88portion of each additional fee imposed by this paragraph
89remitted to the Department of Highway Safety and Motor Vehicles
90Law Enforcement Trust Fund shall be used to recruit and retain
91officers of the Florida Highway Patrol, which includes all
92career service levels of rank. The department shall contract
93with the Florida Association of Court Clerks, Inc., to design,
94establish, operate, upgrade, and maintain an automated statewide
95Uniform Traffic Citation Accounting System to be operated by the
96clerks of the court which shall include, but not be limited to,
97the accounting for traffic infractions by type, a record of the
98disposition of the citations, and an accounting system for the
99fines assessed and the subsequent fine amounts paid to the
100clerks of the court. On or before December 1, 2001, the clerks
101of the court must provide the information required by this
102chapter to be transmitted to the department by electronic
103transmission pursuant to the contract.
104     Section 3.  Subsection (8) of section 322.21, Florida
105Statutes, is amended to read:
106     322.21  License fees; procedure for handling and collecting
107fees.--
108     (8)  Any person who applies for reinstatement following the
109suspension or revocation of the person's driver's license shall
110pay a service fee of $45 $35 following a suspension, and $75 $60
111following a revocation, which is in addition to the fee for a
112license. Any person who applies for reinstatement of a
113commercial driver's license following the disqualification of
114the person's privilege to operate a commercial motor vehicle
115shall pay a service fee of $75 $60, which is in addition to the
116fee for a license. The department shall collect all of these
117fees at the time of reinstatement. The department shall issue
118proper receipts for such fees and shall promptly transmit all
119funds received by it as follows:
120     (a)  Of the $45 $35 fee received from a licensee for
121reinstatement following a suspension, the department shall
122deposit $15 in the General Revenue Fund, and $20 in the Highway
123Safety Operating Trust Fund, and $10 in the Department of
124Highway Safety and Motor Vehicles Law Enforcement Trust Fund.
125     (b)  Of the $75 $60 fee received from a licensee for
126reinstatement following a revocation or disqualification, the
127department shall deposit $35 in the General Revenue Fund, and
128$25 in the Highway Safety Operating Trust Fund, and $15 in the
129Department of Highway Safety and Motor Vehicles Law Enforcement
130Trust Fund.
131     (c)  The driver's license reinstatement fee that is
132deposited into the Department of Highway Safety and Motor
133Vehicles Law Enforcement Trust Fund shall be used to recruit and
134retain officers of the Florida Highway Patrol, which includes
135all career service levels of rank.
136
137If the revocation or suspension of the driver's license was for
138a violation of s. 316.193, or for refusal to submit to a lawful
139breath, blood, or urine test, an additional fee of $130 $115
140must be charged. However, only one $130 $115 fee may be
141collected from one person convicted of violations arising out of
142the same incident. The department shall collect the $130 $115
143fee and deposit $115 of the fee into the Highway Safety
144Operating Trust Fund and $15 of the fee into the Department of
145Highway Safety and Motor Vehicles Law Enforcement Trust Fund at
146the time of reinstatement of the person's driver's license, but
147the fee may not be collected if the suspension or revocation is
148overturned. If the revocation or suspension of the driver's
149license was for a conviction for a violation of s. 817.234(8) or
150(9) or s. 817.505, an additional fee of $180 is imposed for each
151offense. The department shall collect and deposit the additional
152fee into the Highway Safety Operating Trust Fund at the time of
153reinstatement of the person's driver's license. The portion of
154each additional fee imposed by this subsection remitted to the
155Department of Highway Safety and Motor Vehicles Law Enforcement
156Trust Fund shall be used to recruit and retain officers of the
157Florida Highway Patrol, which includes all career service levels
158of rank.
159     Section 4.  Subsection (2) of section 322.29, Florida
160Statutes, is amended to read:
161     322.29  Surrender and return of license.--
162     (2)  The provisions of subsection (1) to the contrary
163notwithstanding, no examination is required for the return of a
164license suspended under s. 318.15 or s. 322.245 unless an
165examination is otherwise required by this chapter. Every person
166applying for the return of a license suspended under s. 318.15
167or s. 322.245 shall present to the department certification from
168the court that he or she has complied with all obligations and
169penalties imposed on him or her pursuant to s. 318.15 or, in the
170case of a suspension pursuant to s. 322.245, that he or she has
171complied with all directives of the court and the requirements
172of s. 322.245 and shall pay to the department a nonrefundable
173service fee of $60 $47.50, of which $37.50 shall be deposited
174into the General Revenue Fund, and $10 shall be deposited into
175the Highway Safety Operating Trust Fund, and $12.50 shall be
176deposited into the Department of Highway Safety and Motor
177Vehicles Law Enforcement Trust Fund. If reinstated by the clerk
178of the court or tax collector, $37.50 shall be retained, and $10
179shall be remitted to the Department of Revenue for deposit into
180the Highway Safety Operating Trust Fund, and $12.50 shall be
181remitted to the Department of Revenue for deposit into the
182Department of Highway Safety and Motor Vehicles Law Enforcement
183Trust Fund. However, the service fee is not required if the
184person is required to pay a $45 $35 fee or a $75 $60 fee under
185the provisions of s. 322.21. The portion of each fee imposed by
186this subsection remitted to the Department of Highway Safety and
187Motor Vehicles Law Enforcement Trust Fund shall be used to
188recruit and retain officers of the Florida Highway Patrol, which
189includes all career service levels of rank.
190     Section 5.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.