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Senate Bill 0190

Florida Senate - 1998 SB 190 By Senator McKay 26-254-98 1 A bill to be entitled 2 An act relating to driver's licenses; amending 3 s. 322.18, F.S.; prohibiting the Department of 4 Highway Safety and Motor Vehicles from renewing 5 a driver's license if its records show that the 6 driver is the subject of an outstanding warrant 7 for worthless checks; directing the Department 8 of Law Enforcement to provide the Department of 9 Highway Safety and Motor Vehicles with 10 electronic access; providing circumstances for 11 renewal of license; providing for 12 confidentiality; providing for a fee; providing 13 an effective date. 14 15 WHEREAS, on an average day in the United States, 16 approximately 30,000 checks with a total value between $12 17 million and $18 million are returned for insufficient funds, 18 and 19 WHEREAS, business owners spend millions of dollars 20 trying to collect on worthless checks while trustworthy 21 consumers absorb the costs of worthless checks that are passed 22 on to them by the businesses that are suffering because of 23 untrustworthy customers, and 24 WHEREAS, recent studies show that 5 percent of the 25 people who issue worthless checks do so intentionally, and 26 WHEREAS, the Legislature intends to protect the public 27 from the negative effects of the passing of worthless bank 28 checks, NOW, THEREFORE, 29 30 Be It Enacted by the Legislature of the State of Florida: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 190 26-254-98 1 Section 1. Subsection (10) is added to section 322.18, 2 Florida Statutes, to read: 3 322.18 Original applications, licenses, and renewals; 4 expiration of licenses; delinquent licenses.-- 5 (10)(a) Notwithstanding any provision of law to the 6 contrary, no person shall be issued a renewal of a driver's 7 license if the department's records reveal that the person has 8 an outstanding warrant for passing a worthless bank check in 9 violation of s. 832.05. 10 (b) The Department of Law Enforcement shall provide 11 electronic access to the department for the purpose of 12 identifying persons who are the subject of an outstanding 13 warrant or capias for passing worthless bank checks. 14 (c) Prior to issuing a renewal of a driver's license, 15 the department shall make an electronic inquiry into the 16 Department of Law Enforcement's records, using the applicant's 17 driver's license number, to determine whether the applicant 18 has an outstanding warrant or capias for passing worthless 19 bank checks. If the Department of Law Enforcement's records 20 indicate that an applicant for a driver's license renewal is 21 the subject of an outstanding warrant or capias for a 22 worthless bank check, the department shall not renew the 23 driver's license. The applicant is responsible for contacting 24 the sheriff's office that entered the warrant to satisfy its 25 conditions. Once the warrant is executed and the warrant entry 26 is canceled from the Department of Law Enforcement's records 27 by the entering agency, the applicant shall pay the department 28 an additional $10 fee prior to the department renewing the 29 applicant's driver's license. Such fees shall be placed in 30 the Highway Safety Operating Trust Fund. The department shall 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 190 26-254-98 1 inform an applicant who is subject to this paragraph of the 2 terms of this paragraph. 3 (d) Information provided under paragraph (a) shall not 4 be part of a person's driver history. 5 Section 2. This act shall take effect October 1, 1998. 6 7 ***************************************** 8 SENATE SUMMARY 9 Prohibits the Department of Highway Safety and Motor 10 Vehicles from renewing a driver's license if its records show that the driver is the subject of an outstanding 11 warrant for worthless checks. Directs the Department of Law Enforcement to provide the Department of Highway 12 Safety and Motor Vehicles with electronic access. Provides a fee of $10 to clear such warrants prior to 13 license renewal. Provides for confidentiality. 14 ***************************************** 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3