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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator McKay moved the following amendment:

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13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 832.09, Florida Statutes, is

18  created to read:

19         832.09  Suspension of driver license after warrant or

20  capias is issued in worthless check case.--

21         (1)  Any person who does not fulfill the agreements for

22  a bad check diversion program pursuant to s. 832.08 or who is

23  being prosecuted for passing a worthless check in violation of

24  s. 832.05, who fails to appear before the court and against

25  whom a warrant or capias for failure to appear is issued by

26  the court shall have his or her driver's license suspended or

27  revoked pursuant to s. 322.251.

28         (2)  Within 5 working days after the issuance of a

29  warrant or capias for failure to appear the clerk of the court

30  in the county where the warrant or capias is issued, shall

31  notify the Department of Highway Safety and Motor Vehicles by

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    12:59 PM   03/27/98                             s0190c1c-26e01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





 1  the most efficient method available of the action of the

 2  court.

 3         Section 2.  Subsection (7) is added to section 322.251,

 4  Florida Statutes, to read:

 5         322.251  Notice of cancellation, suspension,

 6  revocation, or disqualification of license.--

 7         (7)(a)  A person whose driving privilege is suspended

 8  or revoked pursuant to s. 832.09 shall be notified, pursuant

 9  to this section, and the notification shall direct the person

10  to surrender himself or herself to the sheriff who entered the

11  warrant to satisfy the conditions of the warrant. A person

12  whose driving privilege is suspended or revoked under this

13  subsection shall not have his or her driving privilege

14  reinstated for any reason other than:

15         1.  Full payment of any restitution, court costs, and

16  fees incurred as a result of a warrant or capias being issued

17  pursuant to s. 832.09.

18         2.  The cancellation of the warrant or capias from the

19  Department of Law Enforcement recorded by the entering agency.

20         3.  The payment of an additional fee of $10 to the

21  Department of Highway Safety and Motor Vehicles to be paid

22  into the Highway Safety Operating Trust Fund.

23         (b)  The Department of Law Enforcement shall provide

24  electronic access to the department for the purpose of

25  identifying any person who is the subject of an outstanding

26  warrant or capias for passing worthless bank checks.

27         (c)  The Department of Highway Safety and Motor

28  Vehicles and the Department of Law Enforcement shall develop

29  and implement a plan to ensure the identification of any

30  person who is the subject of an outstanding warrant or capias

31  for passing worthless bank checks and to ensure the

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    12:59 PM   03/27/98                             s0190c1c-26e01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 190

    Amendment No.    





 1  identification of the person's driver's license record.

 2         Section 3.  This act shall take effect July 1, 1998.

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 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7          Delete everything before the enacting clause

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 9  and insert:

10                      A bill to be entitled

11         An act relating to worthless checks; creating

12         s. 832.09, F.S.; providing for the suspension

13         of a driver's license with respect to certain

14         persons who do not fulfill an agreement for a

15         bad check diversion program or against whom a

16         warrant or capias is issued in a worthless

17         check case; amending s. 322.251, F.S.;

18         providing for notification; providing for

19         conditions for reinstatement; providing a fee;

20         directing the Department of Highway Safety and

21         Motor Vehicles and the Department of Law

22         Enforcement to develop and implement a plan;

23         providing an effective date.

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