1 | A bill to be entitled |
2 | An act relating to driver's license fees; amending s. |
3 | 318.15, F.S.; increasing a service charge paid for |
4 | reinstatement of a suspended driver's license and |
5 | privilege to drive; amending s. 318.18, F.S.; increasing a |
6 | civil penalty for late payment of civil traffic penalties; |
7 | amending s. 322.21, F.S.; increasing the service fees for |
8 | reinstating a suspended or revoked driver's license or a |
9 | commercial motor vehicle license following |
10 | disqualification of the privilege to operate a commercial |
11 | motor vehicle; amending s. 322.29, F.S.; increasing the |
12 | service charge for reinstatement of a driver's license and |
13 | privilege to drive suspended under specified provisions; |
14 | revising provisions for distribution and use of funds |
15 | received; requiring that a certain amount of the funds be |
16 | used to recruit and retain officers of the Florida Highway |
17 | Patrol; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 318.15, Florida Statutes, is amended to |
22 | read: |
23 | 318.15 Failure to comply with civil penalty or to appear; |
24 | penalty.-- |
25 | (1)(a) If a person fails to comply with the civil |
26 | penalties provided in s. 318.18 within the time period specified |
27 | in s. 318.14(4), fails to attend driver improvement school, or |
28 | fails to appear at a scheduled hearing, the clerk of the court |
29 | shall notify the Division of Driver Licenses of the Department |
30 | of Highway Safety and Motor Vehicles of such failure within 10 |
31 | days after such failure. Upon receipt of such notice, the |
32 | department shall immediately issue an order suspending the |
33 | driver's license and privilege to drive of such person effective |
34 | 20 days after the date the order of suspension is mailed in |
35 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
36 | of the driving privilege which has not been reinstated, |
37 | including a similar suspension imposed outside Florida, shall |
38 | remain on the records of the department for a period of 7 years |
39 | from the date imposed and shall be removed from the records |
40 | after the expiration of 7 years from the date it is imposed. |
41 | (b) However, a person who elects to attend driver |
42 | improvement school and has paid the civil penalty as provided in |
43 | s. 318.14(9), but who subsequently fails to attend the driver |
44 | improvement school within the time specified by the court shall |
45 | be deemed to have admitted the infraction and shall be |
46 | adjudicated guilty. In such case the person must pay the clerk |
47 | of the court the 18 percent deducted pursuant to s. 318.14(9), |
48 | and a processing fee of up to $18, after which no additional |
49 | penalties, court costs, or surcharges shall be imposed for the |
50 | violation. The clerk of the court shall notify the department of |
51 | the person's failure to attend driver improvement school and |
52 | points shall be assessed pursuant to s. 322.27. |
53 | (2) After suspension of the driver's license and privilege |
54 | to drive of a person under subsection (1), the license and |
55 | privilege may not be reinstated until the person complies with |
56 | all obligations and penalties imposed on him or her under s. |
57 | 318.18 and presents to a driver license office a certificate of |
58 | compliance issued by the court, together with a nonrefundable |
59 | service charge of up to $60 $47.50 imposed under s. 322.29, or |
60 | presents a certificate of compliance and pays a the |
61 | aforementioned service charge of up to $60 $47.50 to the clerk |
62 | of the court or a driver licensing agent authorized in s. |
63 | 322.135 clearing such suspension. Of the charge collected by the |
64 | clerk of the court or driver licensing agent, $10 shall be |
65 | remitted to the Department of Revenue to be deposited into the |
66 | Highway Safety Operating Trust Fund and $12.50 shall be remitted |
67 | to the Department of Revenue to be deposited into the Department |
68 | of Highway Safety and Motor Vehicles Law Enforcement Trust Fund |
69 | and used to recruit and retain officers of the Florida Highway |
70 | Patrol, which includes all career service levels of rank. Such |
71 | person must shall also be in compliance with requirements of |
72 | chapter 322 prior to reinstatement. |
73 | Section 2. Paragraph (a) of subsection (8) of section |
74 | 318.18, Florida Statutes, is amended to read: |
75 | 318.18 Amount of penalties.--The penalties required for a |
76 | noncriminal disposition pursuant to s. 318.14 or a criminal |
77 | offense listed in s. 318.17 are as follows: |
78 | (8)(a) Any person who fails to comply with the court's |
79 | requirements or who fails to pay the civil penalties specified |
80 | in this section within the 30-day period provided for in s. |
81 | 318.14 must pay an additional civil penalty of $20 $12, $2.50 of |
82 | which must be remitted to the Department of Revenue for deposit |
83 | in the General Revenue Fund, and $9.50 of which must be remitted |
84 | to the Department of Revenue for deposit in the Highway Safety |
85 | Operating Trust Fund, and $8 of which must be remitted to the |
86 | Department of Revenue for deposit in the Department of Highway |
87 | Safety and Motor Vehicles Law Enforcement Trust Fund. The |
88 | portion of each additional fee imposed by this paragraph |
89 | remitted to the Department of Highway Safety and Motor Vehicles |
90 | Law Enforcement Trust Fund shall be used to recruit and retain |
91 | officers of the Florida Highway Patrol, which includes all |
92 | career service levels of rank. The department shall contract |
93 | with the Florida Association of Court Clerks, Inc., to design, |
94 | establish, operate, upgrade, and maintain an automated statewide |
95 | Uniform Traffic Citation Accounting System to be operated by the |
96 | clerks of the court which shall include, but not be limited to, |
97 | the accounting for traffic infractions by type, a record of the |
98 | disposition of the citations, and an accounting system for the |
99 | fines assessed and the subsequent fine amounts paid to the |
100 | clerks of the court. On or before December 1, 2001, the clerks |
101 | of the court must provide the information required by this |
102 | chapter to be transmitted to the department by electronic |
103 | transmission pursuant to the contract. |
104 | Section 3. Subsection (8) of section 322.21, Florida |
105 | Statutes, is amended to read: |
106 | 322.21 License fees; procedure for handling and collecting |
107 | fees.-- |
108 | (8) Any person who applies for reinstatement following the |
109 | suspension or revocation of the person's driver's license shall |
110 | pay a service fee of $45 $35 following a suspension, and $75 $60 |
111 | following a revocation, which is in addition to the fee for a |
112 | license. Any person who applies for reinstatement of a |
113 | commercial driver's license following the disqualification of |
114 | the person's privilege to operate a commercial motor vehicle |
115 | shall pay a service fee of $75 $60, which is in addition to the |
116 | fee for a license. The department shall collect all of these |
117 | fees at the time of reinstatement. The department shall issue |
118 | proper receipts for such fees and shall promptly transmit all |
119 | funds received by it as follows: |
120 | (a) Of the $45 $35 fee received from a licensee for |
121 | reinstatement following a suspension, the department shall |
122 | deposit $15 in the General Revenue Fund, and $20 in the Highway |
123 | Safety Operating Trust Fund, and $10 in the Department of |
124 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund. |
125 | (b) Of the $75 $60 fee received from a licensee for |
126 | reinstatement following a revocation or disqualification, the |
127 | department shall deposit $35 in the General Revenue Fund, and |
128 | $25 in the Highway Safety Operating Trust Fund, and $15 in the |
129 | Department of Highway Safety and Motor Vehicles Law Enforcement |
130 | Trust Fund. |
131 | (c) The driver's license reinstatement fee that is |
132 | deposited into the Department of Highway Safety and Motor |
133 | Vehicles Law Enforcement Trust Fund shall be used to recruit and |
134 | retain officers of the Florida Highway Patrol, which includes |
135 | all career service levels of rank. |
136 |
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137 | If the revocation or suspension of the driver's license was for |
138 | a violation of s. 316.193, or for refusal to submit to a lawful |
139 | breath, blood, or urine test, an additional fee of $130 $115 |
140 | must be charged. However, only one $130 $115 fee may be |
141 | collected from one person convicted of violations arising out of |
142 | the same incident. The department shall collect the $130 $115 |
143 | fee and deposit $115 of the fee into the Highway Safety |
144 | Operating Trust Fund and $15 of the fee into the Department of |
145 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund at |
146 | the time of reinstatement of the person's driver's license, but |
147 | the fee may not be collected if the suspension or revocation is |
148 | overturned. If the revocation or suspension of the driver's |
149 | license 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 |
151 | offense. The department shall collect and deposit the additional |
152 | fee into the Highway Safety Operating Trust Fund at the time of |
153 | reinstatement of the person's driver's license. The portion of |
154 | each additional fee imposed by this subsection remitted to the |
155 | Department of Highway Safety and Motor Vehicles Law Enforcement |
156 | Trust Fund shall be used to recruit and retain officers of the |
157 | Florida Highway Patrol, which includes all career service levels |
158 | of rank. |
159 | Section 4. Subsection (2) of section 322.29, Florida |
160 | Statutes, is amended to read: |
161 | 322.29 Surrender and return of license.-- |
162 | (2) The provisions of subsection (1) to the contrary |
163 | notwithstanding, no examination is required for the return of a |
164 | license suspended under s. 318.15 or s. 322.245 unless an |
165 | examination is otherwise required by this chapter. Every person |
166 | applying for the return of a license suspended under s. 318.15 |
167 | or s. 322.245 shall present to the department certification from |
168 | the court that he or she has complied with all obligations and |
169 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
170 | case of a suspension pursuant to s. 322.245, that he or she has |
171 | complied with all directives of the court and the requirements |
172 | of s. 322.245 and shall pay to the department a nonrefundable |
173 | service fee of $60 $47.50, of which $37.50 shall be deposited |
174 | into the General Revenue Fund, and $10 shall be deposited into |
175 | the Highway Safety Operating Trust Fund, and $12.50 shall be |
176 | deposited into the Department of Highway Safety and Motor |
177 | Vehicles Law Enforcement Trust Fund. If reinstated by the clerk |
178 | of the court or tax collector, $37.50 shall be retained, and $10 |
179 | shall be remitted to the Department of Revenue for deposit into |
180 | the Highway Safety Operating Trust Fund, and $12.50 shall be |
181 | remitted to the Department of Revenue for deposit into the |
182 | Department of Highway Safety and Motor Vehicles Law Enforcement |
183 | Trust Fund. However, the service fee is not required if the |
184 | person is required to pay a $45 $35 fee or a $75 $60 fee under |
185 | the provisions of s. 322.21. The portion of each fee imposed by |
186 | this subsection remitted to the Department of Highway Safety and |
187 | Motor Vehicles Law Enforcement Trust Fund shall be used to |
188 | recruit and retain officers of the Florida Highway Patrol, which |
189 | includes all career service levels of rank. |
190 | Section 5. This act shall take effect July 1, 2009. |