Florida Senate - 2010 SB 2554
By Senator Altman
24-01525A-10 20102554__
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.192, F.S.;
4 providing for an additional fine to be imposed for the
5 offense of reckless driving; providing for the
6 distribution of the fines collected; amending s.
7 316.193, F.S.; providing for an additional fine to be
8 assessed against a driver who refuses to submit to a
9 blood-alcohol level test when asked to do so by a law
10 enforcement officer; providing for the distribution of
11 the fines collected; amending s. 320.072, F.S.;
12 decreasing a fee imposed on the initial registration
13 application for certain vehicles; revising disposition
14 of the proceeds from the fees; amending s. 320.08,
15 F.S.; decreasing the annual license taxes for the
16 operation of certain vehicles; revising the
17 disposition of those taxes; amending s. 322.21, F.S.;
18 decreasing and revising the disposition of certain
19 driver’s license fees; removing fees for persons
20 requesting a review or a hearing; decreasing certain
21 application fees for reinstatement of a suspended or
22 revoked driver’s license or reinstatement of a
23 commercial driver’s license following disqualification
24 of the person’s privilege to operate a commercial
25 motor vehicle; creating s. 322.2701, F.S.; creating
26 the “Florida’s Driver’s Responsibility Act”; creating
27 s. 322.27021, F.S.; requiring the Department of
28 Highway Safety and Motor Vehicles to assess annually a
29 surcharge on each person who has accumulated 7 or more
30 points against his or her driver’s license during the
31 preceding 36-month period; specifying the surcharge
32 for the accumulated points; requiring the department
33 to notify the holder of a driver’s license that a 4th
34 point has been assessed against his or her license;
35 creating s. 322.27022, F.S.; requiring the department
36 to assess a surcharge against a person who has been
37 convicted of driving under the influence; specifying
38 the amount of the surcharge to be applied to the
39 number of convictions during a specified period;
40 creating s. 322.27023, F.S.; requiring the department
41 to assess a surcharge against a person who has been
42 convicted of driving without a valid license or
43 without financial responsibility; specifying the
44 amount of the surcharge to be applied to the number of
45 convictions during a specified period; creating s.
46 322.2704, F.S.; requiring the department to notify
47 each person holding a driver’s license of any
48 surcharge assessed against the person’s license;
49 requiring that notice be sent by first-class mail to
50 the person’s most recent address as shown on the
51 records of the department; requiring the notice to
52 specify the date by which the surcharge must be paid
53 and to state the consequences of failing to pay the
54 surcharge; providing that a person’s drivers license
55 will automatically be suspended if the person fails to
56 pay the full amount of the surcharge or fails to enter
57 into an installment payment agreement with the
58 department; providing that a driver’s license once
59 suspended remains suspended until the person pays the
60 full amount of the surcharge or the required
61 installment payment and any related costs; creating s.
62 322.2705, F.S.; requiring the department to adopt a
63 rule governing methods of payment of the surcharge;
64 authorizing the department to adopt a rule permitting
65 a driver to pay the surcharge by using a credit card;
66 creating s. 322.2706, F.S.; requiring the department
67 to contract with a private vendor to collect the
68 surcharge receivables; creating s. 322.2707, F.S.;
69 requiring the department to establish a surcharge
70 reduction program to extend the payment period for a
71 surcharge or to waive or reduce a surcharge assessed;
72 creating s. 322.2709, F.S.; providing for the
73 distribution of surcharges collected by the
74 department; amending s. 318.121, F.S.; providing that
75 surcharges collected may be added to civil traffic
76 penalties; providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Present subsection (5) of section 316.192,
81 Florida Statutes, is redesignated as subsection (6), and a new
82 subsection (5) is added to that section, to read:
83 316.192 Reckless driving.—
84 (5) Notwithstanding any other provision of this section, an
85 additional charge in the amount of $300 shall be added to any
86 fine imposed pursuant to this section. One hundred fifty dollars
87 from each such charge shall be remitted to the Department of
88 Revenue for deposit into the Emergency Medical Services Trust
89 Fund and $150 shall be remitted to the Department of Revenue for
90 deposit into the Education Enhancement Trust Fund.
91 Section 2. Paragraph (b) of subsection (2) of section
92 316.193, Florida Statutes, is amended to read:
93 316.193 Driving under the influence; penalties.—
94 (2)
95 (b)1. Any person who is convicted of a third violation of
96 this section for an offense that occurs within 10 years after a
97 prior conviction for a violation of this section commits a
98 felony of the third degree, punishable as provided in s.
99 775.082, s. 775.083, or s. 775.084. In addition, the court shall
100 order the mandatory placement for a period of not less than 2
101 years, at the convicted person’s sole expense, of an ignition
102 interlock device approved by the department in accordance with
103 s. 316.1938 upon all vehicles that are individually or jointly
104 leased or owned and routinely operated by the convicted person,
105 when the convicted person qualifies for a permanent or
106 restricted license. The installation of such device may not
107 occur before July 1, 2003.
108 2. Any person who is convicted of a third violation of this
109 section for an offense that occurs more than 10 years after the
110 date of a prior conviction for a violation of this section shall
111 be punished by a fine of not less than $2,000 or more than
112 $5,000 and by imprisonment for not more than 12 months. In
113 addition, the court shall order the mandatory placement for a
114 period of at least 2 years, at the convicted person’s sole
115 expense, of an ignition interlock device approved by the
116 department in accordance with s. 316.1938 upon all vehicles that
117 are individually or jointly leased or owned and routinely
118 operated by the convicted person, when the convicted person
119 qualifies for a permanent or restricted license. The
120 installation of such device may not occur before July 1, 2003.
121 3. Any person who is convicted of a fourth or subsequent
122 violation of this section, regardless of when any prior
123 conviction for a violation of this section occurred, commits a
124 felony of the third degree, punishable as provided in s.
125 775.082, s. 775.083, or s. 775.084. However, the fine imposed
126 for such fourth or subsequent violation may be not less than
127 $2,000.
128 4. Notwithstanding any other provision of this section, a
129 fine in the amount of $300 shall be assessed against each driver
130 who refuses to submit to a blood-alcohol level test when asked
131 to do so by a law enforcement officer. One hundred fifty dollars
132 from each such fine shall be remitted to the Department of
133 Revenue for deposit into the Emergency Medical Services Trust
134 Fund and $150 shall be remitted to the Department of Revenue for
135 deposit into the Education Enhancement Trust Fund.
136 Section 3. Subsections (1) and (4) of section 320.072,
137 Florida Statutes, are amended to read:
138 320.072 Additional fee imposed on certain motor vehicle
139 registration transactions.—
140 (1) A fee of $100 $225 is imposed upon the initial
141 application for registration pursuant to s. 320.06 of every
142 motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
143 (d).
144 (4) A tax collector or other authorized agent of the
145 department shall promptly remit 44.5 percent of all moneys
146 collected pursuant to this section, less any refunds granted
147 pursuant to subsection (3), to the department to be deposited
148 into the State Transportation Trust Fund. The remaining 55.5
149 percent shall be deposited into the General Revenue Fund.
150 Section 4. Paragraphs (a), (b), and (d) of subsection (1),
151 subsections (2) through (9), and subsections (12) through (15)
152 of section 320.08, Florida Statutes, are amended to read:
153 320.08 License taxes.—Except as otherwise provided herein,
154 there are hereby levied and imposed annual license taxes for the
155 operation of motor vehicles, mopeds, motorized bicycles as
156 defined in s. 316.003(2), and mobile homes, as defined in s.
157 320.01, which shall be paid to and collected by the department
158 or its agent upon the registration or renewal of registration of
159 the following:
160 (1) MOTORCYCLES AND MOPEDS.—
161 (a) Any motorcycle: $10 $13.50 flat, of which $3.50 shall
162 be deposited into the General Revenue Fund.
163 (b) Any moped: $5 $6.75 flat, of which $1.75 shall be
164 deposited into the General Revenue Fund.
165 (d) An ancient or antique motorcycle: $10 $13.50 flat, of
166 which $3.50 shall be deposited into the General Revenue Fund.
167 (2) AUTOMOBILES FOR PRIVATE USE.—
168 (a) An ancient or antique automobile, as defined in s.
169 320.086, or a street rod, as defined in s. 320.0863: $7.50
170 $10.25 flat, of which $2.75 shall be deposited into the General
171 Revenue Fund.
172 (b) Net weight of less than 2,500 pounds: $14.50 $19.50
173 flat, of which $5 shall be deposited into the General Revenue
174 Fund.
175 (c) Net weight of 2,500 pounds or more, but less than 3,500
176 pounds: $22.50 $30.50 flat, of which $8 shall be deposited into
177 the General Revenue Fund.
178 (d) Net weight of 3,500 pounds or more: $32.50 $44 flat, of
179 which $11.50 shall be deposited into the General Revenue Fund.
180 (3) TRUCKS.—
181 (a) Net weight of less than 2,000 pounds: $14.50 $19.50
182 flat, of which $5 shall be deposited into the General Revenue
183 Fund.
184 (b) Net weight of 2,000 pounds or more, but not more than
185 3,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
186 into the General Revenue Fund.
187 (c) Net weight more than 3,000 pounds, but not more than
188 5,000 pounds: $32.50 $44 flat, of which $11.50 shall be
189 deposited into the General Revenue Fund.
190 (d) A truck defined as a “goat,” or any other vehicle if
191 used in the field by a farmer or in the woods for the purpose of
192 harvesting a crop, including naval stores, during such
193 harvesting operations, and which is not principally operated
194 upon the roads of the state: $7.50 $10.25 flat, of which $2.75
195 shall be deposited into the General Revenue Fund. A “goat” is a
196 motor vehicle designed, constructed, and used principally for
197 the transportation of citrus fruit within citrus groves or for
198 the transportation of crops on farms, and which can also be used
199 for the hauling of associated equipment or supplies, including
200 required sanitary equipment, and the towing of farm trailers.
201 (e) An ancient or antique truck, as defined in s. 320.086:
202 $7.50 $10.25 flat, of which $2.75 shall be deposited into the
203 General Revenue Fund.
204 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
205 VEHICLE WEIGHT.—
206 (a) Gross vehicle weight of 5,001 pounds or more, but less
207 than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
208 deposited into the General Revenue Fund.
209 (b) Gross vehicle weight of 6,000 pounds or more, but less
210 than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
211 deposited into the General Revenue Fund.
212 (c) Gross vehicle weight of 8,000 pounds or more, but less
213 than 10,000 pounds: $76 $103 flat, of which $27 shall be
214 deposited into the General Revenue Fund.
215 (d) Gross vehicle weight of 10,000 pounds or more, but less
216 than 15,000 pounds: $87 $118 flat, of which $31 shall be
217 deposited into the General Revenue Fund.
218 (e) Gross vehicle weight of 15,000 pounds or more, but less
219 than 20,000 pounds: $131 $177 flat, of which $46 shall be
220 deposited into the General Revenue Fund.
221 (f) Gross vehicle weight of 20,000 pounds or more, but less
222 than 26,001 pounds: $186 $251 flat, of which $65 shall be
223 deposited into the General Revenue Fund.
224 (g) Gross vehicle weight of 26,001 pounds or more, but less
225 than 35,000: $240 $324 flat, of which $84 shall be deposited
226 into the General Revenue Fund.
227 (h) Gross vehicle weight of 35,000 pounds or more, but less
228 than 44,000 pounds: $300 $405 flat, of which $105 shall be
229 deposited into the General Revenue Fund.
230 (i) Gross vehicle weight of 44,000 pounds or more, but less
231 than 55,000 pounds: $572 $773 flat, of which $201 shall be
232 deposited into the General Revenue Fund.
233 (j) Gross vehicle weight of 55,000 pounds or more, but less
234 than 62,000 pounds: $678 $916 flat, of which $238 shall be
235 deposited into the General Revenue Fund.
236 (k) Gross vehicle weight of 62,000 pounds or more, but less
237 than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
238 deposited into the General Revenue Fund.
239 (l) Gross vehicle weight of 72,000 pounds or more: $979
240 $1,322 flat, of which $343 shall be deposited into the General
241 Revenue Fund.
242 (m) Notwithstanding the declared gross vehicle weight, a
243 truck tractor used within a 150-mile radius of its home address
244 is eligible for a license plate for a fee of $240 $324 flat if:
245 1. The truck tractor is used exclusively for hauling
246 forestry products; or
247 2. The truck tractor is used primarily for the hauling of
248 forestry products, and is also used for the hauling of
249 associated forestry harvesting equipment used by the owner of
250 the truck tractor.
251
252 Of the fee imposed by this paragraph, $84 shall be deposited
253 into the General Revenue Fund.
254 (n)1. A truck tractor or heavy truck, not operated as a
255 for-hire vehicle, which is engaged exclusively in transporting
256 raw, unprocessed, and nonmanufactured agricultural or
257 horticultural products within a 150-mile radius of its home
258 address, is eligible for a restricted license plate for a fee as
259 follows of:
260 a.1. If such vehicle’s declared gross vehicle weight is
261 less than 44,000 pounds, $65 $87.75 flat, of which $22.75 shall
262 be deposited into the General Revenue Fund.
263 b.2. If such vehicle’s declared gross vehicle weight is
264 44,000 pounds or more and such vehicle only transports from the
265 point of production to the point of primary manufacture; to the
266 point of assembling the same; or to a shipping point of a rail,
267 water, or motor transportation company, $240 $324 flat, of which
268 $84 shall be deposited into the General Revenue Fund.
269 2. Such not-for-hire truck tractors and heavy trucks used
270 exclusively in transporting raw, unprocessed, and
271 nonmanufactured agricultural or horticultural products may be
272 incidentally used to haul farm implements and fertilizers
273 delivered direct to the growers. The department may require any
274 documentation deemed necessary to determine eligibility prior to
275 issuance of this license plate. For the purpose of this
276 paragraph, “not-for-hire” means the owner of the motor vehicle
277 must also be the owner of the raw, unprocessed, and
278 nonmanufactured agricultural or horticultural product, or the
279 user of the farm implements and fertilizer being delivered.
280 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
281 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
282 (a)1. A semitrailer drawn by a GVW truck tractor by means
283 of a fifth-wheel arrangement: $10 $13.50 flat per registration
284 year or any part thereof, of which $3.50 shall be deposited into
285 the General Revenue Fund.
286 2. A semitrailer drawn by a GVW truck tractor by means of a
287 fifth-wheel arrangement: $50 $68 flat per permanent
288 registration, of which $18 shall be deposited into the General
289 Revenue Fund.
290 (b) A motor vehicle equipped with machinery and designed
291 for the exclusive purpose of well drilling, excavation,
292 construction, spraying, or similar activity, and which is not
293 designed or used to transport loads other than the machinery
294 described above over public roads: $32.50 $44 flat, of which
295 $11.50 shall be deposited into the General Revenue Fund.
296 (c) A school bus used exclusively to transport pupils to
297 and from school or school or church activities or functions
298 within their own county: $30 $41 flat, of which $11 shall be
299 deposited into the General Revenue Fund.
300 (d) A wrecker, as defined in s. 320.01(40), which is used
301 to tow a vessel as defined in s. 327.02(39), a disabled,
302 abandoned, stolen-recovered, or impounded motor vehicle as
303 defined in s. 320.01(38), or a replacement motor vehicle as
304 defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
305 deposited into the General Revenue Fund.
306 (e) A wrecker that is used to tow any motor vehicle,
307 regardless of whether such motor vehicle is a disabled motor
308 vehicle, a replacement motor vehicle, a vessel, or any other
309 cargo, as follows:
310 1. Gross vehicle weight of 10,000 pounds or more, but less
311 than 15,000 pounds: $87 $118 flat, of which $31 shall be
312 deposited into the General Revenue Fund.
313 2. Gross vehicle weight of 15,000 pounds or more, but less
314 than 20,000 pounds: $131 $177 flat, of which $46 shall be
315 deposited into the General Revenue Fund.
316 3. Gross vehicle weight of 20,000 pounds or more, but less
317 than 26,000 pounds: $186 $251 flat, of which $65 shall be
318 deposited into the General Revenue Fund.
319 4. Gross vehicle weight of 26,000 pounds or more, but less
320 than 35,000 pounds: $240 $324 flat, of which $84 shall be
321 deposited into the General Revenue Fund.
322 5. Gross vehicle weight of 35,000 pounds or more, but less
323 than 44,000 pounds: $300 $405 flat, of which $105 shall be
324 deposited into the General Revenue Fund.
325 6. Gross vehicle weight of 44,000 pounds or more, but less
326 than 55,000 pounds: $572 $772 flat, of which $200 shall be
327 deposited into the General Revenue Fund.
328 7. Gross vehicle weight of 55,000 pounds or more, but less
329 than 62,000 pounds: $678 $915 flat, of which $237 shall be
330 deposited into the General Revenue Fund.
331 8. Gross vehicle weight of 62,000 pounds or more, but less
332 than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
333 deposited into the General Revenue Fund.
334 9. Gross vehicle weight of 72,000 pounds or more: $979
335 $1,322 flat, of which $343 shall be deposited into the General
336 Revenue Fund.
337 (f) A hearse or ambulance: $30 $40.50 flat, of which $10.50
338 shall be deposited into the General Revenue Fund.
339 (6) MOTOR VEHICLES FOR HIRE.—
340 (a) Under nine passengers: $12.50 $17 flat, of which $4.50
341 shall be deposited into the General Revenue Fund; plus $1 $1.50
342 per cwt, of which 50 cents shall be deposited into the General
343 Revenue Fund.
344 (b) Nine passengers and over: $12.50 $17 flat, of which
345 $4.50 shall be deposited into the General Revenue Fund; plus
346 $1.50 $2 per cwt, of which 50 cents shall be deposited into the
347 General Revenue Fund.
348 (7) TRAILERS FOR PRIVATE USE.—
349 (a) Any trailer weighing 500 pounds or less: $5 $6.75 flat
350 per year or any part thereof, of which $1.75 shall be deposited
351 into the General Revenue Fund.
352 (b) Net weight over 500 pounds: $2.50 $3.50 flat, of which
353 $1 shall be deposited into the General Revenue Fund; plus 75
354 cents $1 per cwt, of which 25 cents shall be deposited into the
355 General Revenue Fund.
356 (8) TRAILERS FOR HIRE.—
357 (a) Net weight under 2,000 pounds: $2.50 $3.50 flat, of
358 which $1 shall be deposited into the General Revenue Fund; plus
359 $1 $1.50 per cwt, of which 50 cents shall be deposited into the
360 General Revenue Fund.
361 (b) Net weight 2,000 pounds or more: $10 $13.50 flat, of
362 which $3.50 shall be deposited into the General Revenue Fund;
363 plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
364 the General Revenue Fund.
365 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
366 (a) A travel trailer or fifth-wheel trailer, as defined by
367 s. 320.01(1)(b), that does not exceed 35 feet in length: $20 $27
368 flat, of which $7 shall be deposited into the General Revenue
369 Fund.
370 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
371 $13.50 flat, of which $3.50 shall be deposited into the General
372 Revenue Fund.
373 (c) A motor home, as defined by s. 320.01(1)(b)4.:
374 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
375 which $7 shall be deposited into the General Revenue Fund.
376 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
377 which $12.25 shall be deposited into the General Revenue Fund.
378 (d) A truck camper as defined by s. 320.01(1)(b)3.:
379 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
380 which $7 shall be deposited into the General Revenue Fund.
381 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
382 which $12.25 shall be deposited into the General Revenue Fund.
383 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
384 1. Net weight of less than 4,500 pounds: $20 $27 flat, of
385 which $7 shall be deposited into the General Revenue Fund.
386 2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
387 which $12.25 shall be deposited into the General Revenue Fund.
388 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
389 motor vehicle dealer, independent motor vehicle dealer, marine
390 boat trailer dealer, or mobile home dealer and manufacturer
391 license plate: $12.50 $17 flat, of which $4.50 shall be
392 deposited into the General Revenue Fund.
393 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
394 official license plate: $3 $4 flat, of which $1 shall be
395 deposited into the General Revenue Fund.
396 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
397 vehicle for hire operated wholly within a city or within 25
398 miles thereof: $12.50 $17 flat, of which $4.50 shall be
399 deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
400 of which 50 cents shall be deposited into the General Revenue
401 Fund.
402 (15) TRANSPORTER.—Any transporter license plate issued to a
403 transporter pursuant to s. 320.133: $75 $101.25 flat, of which
404 $26.25 shall be deposited into the General Revenue Fund.
405 Section 5. Subsections (1), (8), and (9) of section 322.21,
406 Florida Statutes, are amended to read:
407 322.21 License fees; procedure for handling and collecting
408 fees.—
409 (1) Except as otherwise provided herein, the fee for:
410 (a) An original or renewal commercial driver’s license is
411 $67 $75, which shall include the fee for driver education
412 provided by s. 1003.48. However, if an applicant has completed
413 training and is applying for employment or is currently employed
414 in a public or nonpublic school system that requires the
415 commercial license, the fee is the same as for a Class E
416 driver’s license. A delinquent fee of $1 $15 shall be added for
417 a renewal within 12 months after the license expiration date.
418 (b) An original Class E driver’s license is $27 $48, which
419 includes the fee for driver’s education provided by s. 1003.48.
420 However, if an applicant has completed training and is applying
421 for employment or is currently employed in a public or nonpublic
422 school system that requires a commercial driver license, the fee
423 is the same as for a Class E license.
424 (c) The renewal or extension of a Class E driver’s license
425 or of a license restricted to motorcycle use only is $20 $48,
426 except that a delinquent fee of $1 $15 shall be added for a
427 renewal or extension made within 12 months after the license
428 expiration date. The fee provided in this paragraph includes the
429 fee for driver’s education provided by s. 1003.48.
430 (d) An original driver’s license restricted to motorcycle
431 use only is $27 $48, which includes the fee for driver’s
432 education provided by s. 1003.48.
433 (e) A replacement driver’s license issued pursuant to s.
434 322.17 is $10 $25. Of this amount $7 shall be deposited into the
435 Highway Safety Operating Trust Fund and $3 $18 shall be
436 deposited into the General Revenue Fund.
437 (f) An original, renewal, or replacement identification
438 card issued pursuant to s. 322.051 is $10 $25. Funds collected
439 from these fees shall be distributed as follows:
440 1. For an original identification card issued pursuant to
441 s. 322.051 the fee is $10 $25. This amount shall be deposited
442 into the General Revenue Fund.
443 2. For a renewal identification card issued pursuant to s.
444 322.051 the fee is $10 $25. Of this amount, $6 shall be
445 deposited into the Highway Safety Operating Trust Fund and $4
446 $19 shall be deposited into the General Revenue Fund.
447 3. For a replacement identification card issued pursuant to
448 s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
449 deposited into the Highway Safety Operating Trust Fund and $1
450 $16 shall be deposited into the General Revenue Fund.
451 (g) Each endorsement required by s. 322.57 is $7.
452 (h) A hazardous-materials endorsement, as required by s.
453 322.57(1)(d), shall be set by the department by rule and must
454 reflect the cost of the required criminal history check,
455 including the cost of the state and federal fingerprint check,
456 and the cost to the department of providing and issuing the
457 license. The fee shall not exceed $100. This fee shall be
458 deposited in the Highway Safety Operating Trust Fund. The
459 department may adopt rules to administer this section.
460 (8)(a) Any person who applies for reinstatement following
461 the suspension or revocation of the person’s driver’s license
462 must pay a service fee of $35 $45 following a suspension, and
463 $60 $75 following a revocation, which is in addition to the fee
464 for a license. Any person who applies for reinstatement of a
465 commercial driver’s license following the disqualification of
466 the person’s privilege to operate a commercial motor vehicle
467 shall pay a service fee of $60 $75, which is in addition to the
468 fee for a license. The department shall collect all of these
469 fees at the time of reinstatement. The department shall issue
470 proper receipts for such fees and shall promptly transmit all
471 funds received by it as follows:
472 1.(a) Of the $35 $45 fee received from a licensee for
473 reinstatement following a suspension, the department shall
474 deposit $15 in the General Revenue Fund and $20 $30 in the
475 Highway Safety Operating Trust Fund.
476 2.(b) Of the $60 $75 fee received from a licensee for
477 reinstatement following a revocation or disqualification, the
478 department shall deposit $35 in the General Revenue Fund and $25
479 $40 in the Highway Safety Operating Trust Fund.
480 (9) An applicant:
481 (a) Requesting a review authorized in s. 322.222, s.
482 322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
483 fee of $25 to be deposited into the Highway Safety Operating
484 Trust Fund.
485 (b) Petitioning the department for a hearing authorized in
486 s. 322.271 must pay a filing fee of $12 to be deposited into the
487 Highway Safety Operating Trust Fund.
488 (b) If the revocation or suspension of the driver’s license
489 was for a violation of s. 316.193, or for refusal to submit to a
490 lawful breath, blood, or urine test, an additional fee of $115
491 $130 must be charged. However, only one $115 $130 fee may be
492 collected from one person convicted of violations arising out of
493 the same incident. The department shall collect the $115 $130
494 fee and deposit the fee into the Highway Safety Operating Trust
495 Fund at the time of reinstatement of the person’s driver’s
496 license, but the fee may not be collected if the suspension or
497 revocation is overturned. If the revocation or suspension of the
498 driver’s license was for a conviction for a violation of s.
499 817.234(8) or (9) or s. 817.505, an additional fee of $180 is
500 imposed for each offense. The department shall collect and
501 deposit the additional fee into the Highway Safety Operating
502 Trust Fund at the time of reinstatement of the person’s driver’s
503 license.
504 Section 6. Section 322.2701, Florida Statutes, is created
505 to read:
506 322.2701 Short title.—Sections 322.2701-322.2709 may be
507 cited as the “Driver’s Responsibility Act.”
508 Section 7. Section 322.27021, Florida Statutes, is created
509 to read:
510 322.27021 Surcharge for points.—
511 (1) The department shall assess annually a surcharge on
512 each person who has accumulated 7 or more points under s. 322.27
513 against his or her driver’s license during the preceding 36
514 month period.
515 (2) The amount of the surcharge assessed under this section
516 is $120 for the first 7 points and $25 for each additional
517 point.
518 (3) The department shall notify the holder of a driver’s
519 license of the assignment of a 4th point on that person’s
520 license. Notice shall be sent by first-class mail to the
521 person’s most recent address as shown on the records of the
522 department.
523 (4) This section does not apply to a conviction that
524 becomes final on or before July 1, 2010.
525 Section 8. Section 322.27022, Florida Statutes, is created
526 to read:
527 322.27022 Surcharge for conviction of driving under the
528 influence.—
529 (1) The department shall assess annually a surcharge on
530 each person who has a final conviction during the preceding 36
531 month period for a violation of s. 316.193.
532 (2) The amount of the surcharge under this section is:
533 (a) Five hundred dollars per year for a first conviction.
534 (b) Seven hundred fifty dollars per year for a second or
535 subsequent conviction within a 36-month period.
536 (c) One thousand dollars per year for a first or subsequent
537 conviction if the blood-alcohol level of the person was 0.20 or
538 higher at the time the analysis was performed.
539 (3) A surcharge under this section may not be assessed for
540 the same conviction for a period longer than 36 months.
541 (4) This section does not apply to a conviction that
542 becomes final on or before July 1, 2010.
543 Section 9. Section 322.27023, Florida Statutes, is created
544 to read:
545 322.27023 Surcharge for conviction of driving without a
546 valid license or without financial responsibility.—
547 (1) The department shall assess annually a surcharge on
548 each person who has a final conviction during the preceding 36
549 month period for a violation of s. 322.03, s. 322.065, s.
550 324.021, or s. 627.733.
551 (2) The amount of a surcharge under this section is $120
552 per year.
553 (3) This section does not apply to a conviction that
554 becomes final on or before July 1, 2010.
555 Section 10. Section 322.2704, Florida Statutes, is created
556 to read:
557 322.2704 Notice of surcharge.—
558 (1) The department shall notify each person who has been
559 assessed a surcharge under ss. 322.2701-322.2709. Notice to the
560 person shall be by first-class mail sent to the person’s most
561 recent address as shown on the records of the department. The
562 notice must specify the date by which the surcharge must be paid
563 and state the consequences to the person if he or she fails to
564 pay the surcharge.
565 (2) The person shall pay the full amount of the surcharge
566 or enter into an installment payment agreement with the
567 department within 30 days after the date the notification was
568 sent. If the person fails to pay in full or enter into an
569 installment agreement, the person’s license is automatically
570 suspended.
571 (3) A license suspended under this section remains
572 suspended until the person pays the full amount of the surcharge
573 or the installment payments and any related costs.
574 Section 11. Section 322.2705, Florida Statutes, is created
575 to read:
576 322.2705 Installment payment of surcharges.—
577 (1) The department shall adopt a rule allowing a person to
578 pay by installment any surcharge assessed against the person
579 pursuant to ss. 322.2701-322.2709.
580 (2) The rule adopted under this section may not permit a
581 person owing a surcharge:
582 (a) Of $2,300 or less to pay the surcharge over a period of
583 more than 12 months.
584 (b) Of $2,300 or more to pay the surcharge over a period of
585 more than 24 consecutive months.
586 (3) The rule may authorize the department to declare the
587 amount of unpaid surcharge immediately due and payable if the
588 person fails to make a required installment payment.
589 (4)(a) The rule may authorize the person to pay his or her
590 surcharge by using a credit card and, if so, must require the
591 person using the credit card to pay all costs incurred by the
592 department in connection with the acceptance of the credit card.
593 (b) If a person pays a surcharge or related cost by credit
594 card and the amount is subsequently denied by the issuer of the
595 credit card, the person’s license shall be automatically
596 suspended.
597 (5) A license suspended under this section remains
598 suspended until the person pays the full amount of the surcharge
599 or all past due installments and any related costs.
600 Section 12. Section 322.2706, Florida Statutes, is created
601 to read:
602 322.2706 Contracts for collection of surcharges.—The
603 department shall enter into a contract with a vendor for the
604 collection of surcharges receivable under ss. 322.2701-322.2709.
605 Section 13. Section 322.2707, Florida Statutes, is created
606 to read:
607 322.2707 Surcharge reduction program.—
608 (1) The department shall adopt a rule to establish a
609 surcharge reduction program to extend the payment period for a
610 surcharge or to reduce or waive a surcharge assessed under ss.
611 322.2701-322.2709.
612 (2) The program shall waive a surcharge resulting from the
613 first noncriminal infraction committed by a person within the
614 preceding 48-month period.
615 (3) The program shall reduce the surcharge assessed as a
616 result of points assessed under s. 322.27 for a person who
617 completes a driver improvement program prescribed by the
618 department. The department shall establish the amount of the
619 reduction to create an incentive for drivers to enroll in a
620 driver improvement program. The reduction of the surcharge shall
621 be available to a driver once during a 60-month period. The
622 amount of the reduction of the surcharge may not exceed $100.
623 However, the reduction may not exceed $75 for a driver who,
624 within the preceding 3-year period, was assessed points for
625 violations relating to a motor vehicle accident or violations
626 identified by the department as most likely to cause accidents
627 resulting in injuries.
628 (4) The program shall reduce or extend the payment period
629 for surcharges exceeding $400 annually which are imposed on
630 persons who are indigent. In determining whether a person is
631 indigent, the department shall use the standards for eligibility
632 for the appointment of a public defender under s. 27.52. The
633 maximum reduction may not exceed 75 percent of a surcharge. The
634 maximum payment period may not be extended by more than 1 year.
635 The rules shall require the department to consider the
636 particular circumstances affecting a person upon whom a
637 surcharge is imposed and to limit the extent to which reductions
638 are available. The department may condition eligibility for a
639 reduction on the completion of a driver improvement program. The
640 department may charge a fee in an amount equal to the
641 department’s costs to determine a person’s indigent status.
642 Section 14. Section 322.2709, Florida Statutes, is created
643 to read:
644 322.2709 Remittance of surcharges collected.—Moneys
645 collected from a surcharge imposed by the department pursuant to
646 ss. 322.2701-322.2709 shall be distributed as follows:
647 (1) Up to 1 percent shall be used to provide public service
648 announcements to notify the public of the provisions of the
649 Florida Driver’s Responsibility Act.
650 (2) Of the remaining moneys:
651 (a) Fifty percent shall be remitted to the Department of
652 Revenue to be deposited into the Department of Highway Safety
653 Operating Trust Fund
654 (b) Fifty percent shall be remitted to the General Revenue
655 Fund.
656 Section 15. Section 318.121, Florida Statutes, is amended
657 to read:
658 318.121 Preemption of additional fees, fines, surcharges,
659 and costs.—Notwithstanding any general or special law, or
660 municipal or county ordinance, additional fees, fines,
661 surcharges, or costs other than the court costs and surcharges
662 assessed under s. 318.18(11), (13), (18), and (19) or ss.
663 322.2701-322.2709, may not be added to the civil traffic
664 penalties assessed in this chapter.
665 Section 16. This act shall take effect July 1, 2010.