HB 425

1	A bill to be entitled
2	An act relating to motor vehicle and cargo theft; amending
3	ss. 860.151, 860.152, and 860.153, F.S.; conforming
4	provisions to the redesignation of the Florida Motor
5	Vehicle Theft Prevention Authority as the Florida Motor
6	Vehicle and Cargo Theft Prevention Authority; amending s.
7	860.154, F.S.; redesignating the authority; revising
8	provisions relating to the board of the authority;
9	repealing s. 860.156, F.S., relating to authority
10	personnel; amending s. 860.157, F.S.; revising and
11	providing powers and duties of the authority; providing
12	for removal of members; providing a cap on administrative
13	costs; providing for a semiannual fee on motor vehicle
14	insurance policies and certain self-insurers; providing
15	for the collection and deposit of funds; providing
16	penalties; providing an exception; creating s. 860.1575,
17	F.S.; providing for sanctions for failure to pay a
18	specified fee on motor vehicle insurance policies;
19	repealing s. 860.158, F.S., relating to Florida Motor
20	Vehicle Theft Prevention Authority expenditures; amending
21	s. 713.78, F.S.; removing a cross-reference to conform to
22	changes made by the act; providing an effective date.
23
24	WHEREAS, it is recognized that the original Florida Motor
25	Vehicle Theft Prevention Authority contributed substantially to
26	the reduction in motor vehicle thefts between 1992 and 2002 and
27	the need now exists to recreate a theft prevention authority
28	similar to that used in many other states, and
29	WHEREAS, the theft of both private and commercial motor
30	vehicles and cargo continues to be of epidemic proportions in
31	this state costing in excess of a quarter of a billion dollars,
32	and
33	WHEREAS, motor vehicle thefts linked to fraudulent loans
34	and leases have spiked and continue to increase at alarming
35	rates, and
36	WHEREAS, motor vehicle thefts linked to fraudulent towing
37	and storage liens and fraudulent mechanic's liens have
38	increased, causing a substantial loss to companies that lease or
39	sell motor vehicles in this state, and
40	WHEREAS, many stolen motor vehicles, especially commercial
41	motor vehicles and their cargo, are exported and sold to fund
42	terrorist activities, and
43	WHEREAS, the prevention of motor vehicle and cargo theft
44	serves the interests of homeland security, and
45	WHEREAS, the prevention of motor vehicle theft, cargo
46	theft, and other vehicle-related crimes serves the interests of
47	the state and lessens the financial burdens on insurers, many of
48	whom incurred large losses by recent hurricanes, NOW, THEREFORE,
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Section 860.151, Florida Statutes, is amended
53	to read:
54	860.151  Short title.-Sections 860.151-860.1575 may be
55	cited This act shall be known as the "Florida Motor Vehicle and
56	Cargo Theft Prevention Act."
57	Section 2.  Section 860.152, Florida Statutes, is amended
58	to read:
59	860.152  Purpose.-The purpose of ss. 860.151-860.1575 this
60	act is to prevent, combat, and reduce motor vehicle theft in
61	this state Florida and to improve and support motor vehicle and
62	cargo theft law enforcement, prosecution, and administration of
63	motor vehicle and cargo theft laws by establishing statewide
64	planning capabilities for and coordination of financial
65	resources.
66	Section 3.  Section 860.153, Florida Statutes, is amended
67	to read:
68	860.153  Definitions.-As used in ss. 860.151-860.1575, the
69	term:
70	(1)  "Authority" means the Florida Motor Vehicle and Cargo
71	Theft Prevention Authority established in s. 860.154 the
72	Department of Legal Affairs.
73	(2)  "Board" means the Florida Motor Vehicle and Cargo
74	Theft Prevention Authority Board of Directors established within
75	the authority by this act.
76	(3)  "Motor vehicle" means the same as provided set forth
77	in s. 320.01(1).
78	Section 4.  Section 860.154, Florida Statutes, is amended
79	to read:
80	860.154  Florida Motor Vehicle and Cargo Theft Prevention
81	Authority.-
82	(1)  There is established within the Department of Legal
83	Affairs the Florida Motor Vehicle and Cargo Theft Prevention
84	Authority, which shall exercise its powers, duties, and
85	responsibilities independently of the department. The purposes,
86	powers, and duties of the authority shall be vested in and
87	exercised by a board of directors. There shall be 10 nine
88	members of the board, consisting of the Attorney General, or his
89	or her designee; one sheriff appointed by the Florida Sheriffs
90	Association; one representative of an insurance company
91	authorized to write motor vehicle insurance in this state who
92	shall be appointed by the Attorney General; the director of the
93	Division of Motor Vehicles, or his or her designee; the
94	president of the Florida Auto Theft Intelligence Unit, or his or
95	her designee; one representative selected by the National
96	Insurance Crime Bureau; the director of the Florida Highway
97	Patrol, or his or her designee; one representative selected by
98	the Office of Motor Carrier Compliance, Department of
99	Transportation; one representative selected by the steering
100	committee of the Statewide Commercial Vehicle and Cargo Theft
101	Task Force; and the president of the Florida Auto Dismantlers
102	and Recyclers Association, or his or her designee Chief
103	Financial Officer or his or her designee; the executive director
104	of the Department of Highway Safety and Motor Vehicles; the
105	executive director of the Department of Law Enforcement; six
106	additional members, each of whom shall be appointed by the
107	Attorney General: a state attorney or city or county executive,
108	a chief executive law enforcement official, a sheriff, one
109	representative of companies authorized to sell motor vehicle
110	insurance, one representative of insurers authorized to write
111	motor vehicle insurance in this state, and one representative of
112	purchasers of motor vehicle insurance in this state who is not
113	employed by or connected with the business of insurance.
114	(2)  Members shall serve staggered 4-year terms beginning
115	and ending on the third Monday of January. The initial members
116	of the board shall serve a term of 2 years or until reappointed
117	or their successors are appointed The Attorney General shall
118	designate the chair of the board from the membership annually.
119	All members of the board appointed by the Attorney General shall
120	serve at the discretion of the Attorney General for a term not
121	to exceed 2 years. The initial appointed members of the board
122	shall serve from October 1, 1992, until October 1, 1994, or
123	until their successors are appointed. The board shall meet at
124	least quarterly.
125	(3)  The members of board shall select a chairperson who
126	shall serve until a successor is selected. The board shall meet
127	at the call of the chairperson or four members. A majority of
128	the members of the board shall constitute a quorum for the
129	transaction of business at a meeting or the exercise of a power
130	or function of the authority, notwithstanding the existence of
131	one or more vacancies on the board.
132	Section 5.  Section 860.156, Florida Statutes, is repealed.
133	Section 6.  Section 860.157, Florida Statutes, is amended
134	to read:
135	(Substantial rewording of section. See
136	s. 860.157, F.S., for present text.)
137	860.157  Authority powers and duties; removal of members;
138	cap on costs of administration; semiannual fee.-
139	(1)  The authority shall:
140	(a)  Hire staff, including an executive director whose
141	initial annual compensation may not exceed $75,000, and provide
142	their work facilities, equipment, and supplies.
143	(b)  Determine the location and severity of motor vehicle
144	and cargo theft, analyze alternative methods of combating motor
145	vehicle and cargo theft, develop and implement a plan of
146	operation to prevent motor vehicle and cargo theft and enhance
147	investigative and prosecutorial capabilities to combat the
148	problem, and develop and implement a financial plan to
149	accomplish the objectives of the plan of operation.
150	(c)  By December 31 of each year, submit a written report
151	to the Attorney General, the Governor, the President of the
152	Senate, and the Speaker of the House of Representatives on its
153	activities during the preceding fiscal year.
154	(2)  The authority may solicit and accept money, equipment,
155	supplies, materials, and services from both public and private
156	sources necessary to carry out its functions.
157	(3)  Notwithstanding any other provision of law, fines
158	ordered by a criminal court judge as the result of any pretrial
159	intervention agreement, plea agreement, or conviction for motor
160	vehicle theft or motor-vehicle-related offenses shall be
161	deposited into the Motor Vehicle and Cargo Theft Prevention
162	Authority Trust Fund to be used for the purposes of the
163	authority.
164	(4)  The Attorney General, upon notification by the
165	chairperson of the authority, shall remove an authority member
166	if the Attorney General finds that:
167	(a)  The member was not qualified to serve at the time of
168	appointment;
169	(b)  The member does not maintain the qualifications for
170	continued appointment;
171	(c)  The member cannot discharge his or her duties for a
172	substantial part of the member's term due to illness or
173	disability; or
174	(d)  The member has been absent for more than one-half of
175	the regularly scheduled meetings during a calendar year unless
176	the absences were excused by a majority vote of the authority.
177	(5)  The costs of administration of the authority,
178	excluding the value of any nonmonetary contributions provided
179	under subsection (2), may not exceed 10 percent of the funds in
180	the Motor Vehicle and Cargo Theft Prevention Authority Trust
181	Fund in any year, excluding fines deposited under subsection
182	(3).
183	(6)(a)  Each insurer issuing motor vehicle liability
184	insurance policies in this state shall pay a semiannual fee of
185	50 cents per vehicle insured under a motor vehicle liability
186	insurance policy issued by the insurer. The fee shall be fully
187	earned and nonrefundable at the time the insurer collects the
188	premium for the motor vehicle liability insurance policy. Each
189	insurer shall transmit the fee on or before January 31 and on or
190	before July 31 of each year to the authority for deposit into
191	the Motor Vehicle and Cargo Theft Prevention Authority Trust
192	Fund. The payment due on or before January 31 shall cover
193	vehicles insured under policies that are issued during the
194	period from July 1 through December 31 of the previous year. The
195	payment due on or before July 31 shall cover vehicles insured
196	under policies that are issued during the period from January 1
197	through June 30 of the same year.
198	(b)  Each self-insured private entity under s. 324.171
199	shall remit to the authority for deposit into the Motor Vehicle
200	and Cargo Theft Prevention Authority Trust Fund a semiannual fee
201	of 50 cents for each vehicle of the entity registered in this
202	state. Such fee shall be due and payable on or before January 31
203	and on or before July 31 of each year for the immediate
204	preceding 6-month period ending December 31 and June 30,
205	respectively.
206	(c)  Self-insured governmental entities are exempt from
207	this subsection.
208	Section 7.  Section 860.1575, Florida Statutes, is created
209	to read:
210	860.1575  Failure to pay fee; sanctions.-The authority
211	shall notify the Chief Financial Officer of an insurer's failure
212	to pay the fee prescribed by s. 860.157(6). Upon receiving
213	notice of an insurer's failure to pay the fee, the Chief
214	Financial Officer may suspend the insurer's certificate of
215	authority to issue motor vehicle insurance or impose a civil
216	penalty of not more than 120 percent of the amount due, or both.
217	The insurer shall pay the penalty to the Chief Financial
218	Officer, who shall deposit the total amount of the penalty in
219	the Motor Vehicle and Cargo Theft Prevention Authority Trust
220	Fund.
221	Section 8.  Section 860.158, Florida Statutes, is repealed.
222	Section 9.  Paragraph (e) of subsection (13) of section
223	713.78, Florida Statutes, is amended to read:
224	713.78  Liens for recovering, towing, or storing vehicles
225	and vessels.-
226	(13)
227	(e)  When a wrecker operator files a notice of wrecker
228	operator's lien under this subsection, the department shall
229	charge the wrecker operator a fee of $2, which shall be
230	deposited into the General Revenue Fund established under s.
231	860.158. A service charge of $2.50 shall be collected and
232	retained by the tax collector who processes a notice of wrecker
233	operator's lien.
234	Section 10.  This act shall take effect July 1, 2010.

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