House Bill 3275

    Florida House of Representatives - 1998                HB 3275

        By Representative Arnall






  1                      A bill to be entitled

  2         An act relating to worthless checks; creating

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

  4         of a driver's license with respect to certain

  5         persons who do not fulfill an agreement for a

  6         bad check diversion program or against whom a

  7         warrant or capias is issued in a worthless

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

  9         providing for notification; providing for

10         conditions for reinstatement; providing a fee;

11         directing the Department of Highway Safety and

12         Motor Vehicles and the Department of Law

13         Enforcement to develop and implement a plan;

14         providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 832.09, Florida Statutes, is

19  created to read:

20         832.09  Suspension of driver license after warrant or

21  capias is issued in worthless check case.--

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

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

24  being prosecuted for passing a worthless check in violation of

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

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

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

28  revoked pursuant to s. 322.251.

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

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

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

                                  1

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






    Florida House of Representatives - 1998                HB 3275

    54-338-98






  1  notify the Department of Highway Safety and Motor Vehicles by

  2  the most efficient method available of the action of the

  3  court.

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

  5  Florida Statutes, to read:

  6         322.251  Notice of cancellation, suspension,

  7  revocation, or disqualification of license.--

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

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

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

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

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

13  whose driving privilege is suspended or revoked under this

14  subsection shall not have his or her driving privilege

15  reinstated for any reason other than:

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

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

18  pursuant to s. 832.09.

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

20  Department of Law Enforcement recorded by the entering agency.

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

22  Department of Highway Safety and Motor Vehicles to be paid

23  into the Highway Safety Operating Trust Fund.

24         (b)  The Department of Law Enforcement shall provide

25  electronic access to the department for the purpose of

26  identifying any person who is the subject of an outstanding

27  warrant or capias for passing worthless bank checks.

28         (c)  The Department of Highway Safety and Motor

29  Vehicles and the Department of Law Enforcement shall develop

30  and implement a plan to ensure the identification of any

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

                                  2

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






    Florida House of Representatives - 1998                HB 3275

    54-338-98






  1  for passing worthless bank checks and to ensure the

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

  3         Section 3.  This act shall take effect July 1 of the

  4  year in which enacted.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Provides for the suspension of a person's driver's
  9    license with respect to any individual who does not
      fulfill the agreements for a bad check diversion program
10    or who is being prosecuted for passing a worthless bank
      check and who fails to appear before the court and
11    against whom a warrant or capias for failure to appear is
      issued by the court. Provides for notification. See bill
12    for details.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3