House Bill 3275e1
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HB 3275, First Engrossed
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 against whom a warrant or capias is
6 issued in a worthless check case; amending s.
7 322.251, F.S.; providing for notification;
8 providing for conditions for reinstatement;
9 providing a fee; directing the Department of
10 Highway Safety and Motor Vehicles and the
11 Department of Law Enforcement to develop and
12 implement a plan; amending s. 322.142, relating
13 to records of the Department of Highway Safety
14 and Motor Vehicles; providing an appropriation;
15 providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Section 832.09, Florida Statutes, is
20 created to read:
21 832.09 Suspension of driver license after warrant or
22 capias is issued in worthless check case.--
23 (1) Any person who is being prosecuted for passing a
24 worthless check in violation of s. 832.05, who fails to appear
25 before the court and against whom a warrant or capias for
26 failure to appear is issued by the court shall have his or her
27 driver's license suspended or 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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HB 3275, First Engrossed
1 the most efficient method available of the action of the
2 court.
3 Section 2. Section 832.10, Florida Statutes, is
4 created to read:
5 832.10 Alternative to bad check diversion program;
6 fees for collection.--
7 (1) In lieu of referring a case to the bad check
8 diversion program, the state attorney may refer the case to a
9 private debt collector or an independent contractor, for the
10 purpose of diverting from prosecution certain persons accused
11 of a violation of s. 832.04, s. 832.041, s. 832.05, or s.
12 832.06. The use of such debt collector or independent
13 contractor shall not affect the authority of the state
14 attorney to prosecute any person for any such violation.
15 (2) Upon receipt of the referral by the state
16 attorney, the private debt collector or independent contractor
17 shall have a period of 90 days during which to collect the
18 face value of the worthless check. If the full face value of
19 the worthless check is not collected by the private debt
20 collector or independent contractor within this time, the case
21 shall be referred back to the state attorney.
22 (3) A private debt collector or independent contractor
23 who collects and remits to the payee the full amount of a
24 worthless check under this section shall be entitled to a
25 collection fee not to exceed the service fees authorized under
26 s. 832.05(5) or 5 percent of the face amount of the worthless
27 check, whichever is greater, prior to the debt collector or
28 independent contractor collecting a fee from the drawer of the
29 check.
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HB 3275, First Engrossed
1 (4) The debt collector or independent contractor may
2 compromise the amount to be collected only with the express
3 consent of the payee of the check.
4 Section 3. 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 and
22 3. The payment of an additional fee of $10 to the
23 Department of Highway Safety and Motor Vehicles to be paid
24 into the Highway Safety Operating Trust Fund; or
25 4. The department has modified the suspension or
26 revocation of the license pursuant to s. 322.271 restoring the
27 driving privilege solely for business or employment purposes.
28 (b) The Department of Law Enforcement shall provide
29 electronic access to the department for the purpose of
30 identifying any person who is the subject of an outstanding
31 warrant or capias for passing worthless bank checks.
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HB 3275, First Engrossed
1 (c) The Department of Highway Safety and Motor
2 Vehicles and the Department of Law Enforcement shall develop
3 and implement a plan to ensure the identification of any
4 person who is the subject of an outstanding warrant or capias
5 for passing worthless bank checks and to ensure the
6 identification of the person's driver's license record.
7 Section 4. Subsections (5) and (6) are added to
8 Section 322.142, Florida Statutes, to read:
9 Section 322.142 Color photographic or digital imaged
10 licenses.--
11 (5) Notwithstanding any other provisions of law, the
12 department may sell copies of photographs, electronically
13 stored photographs, or digitized images and other driver's
14 license and state identification card information on file,
15 which are recorded and maintained as required, if such items
16 are to be used solely for the prevention of fraud, including,
17 but not limited to, use in mechanisms intended to prevent the
18 fraudulent use of credit cards, debit cards, or checks, or
19 fraud in other forms of financial transactions. The use of
20 such photographs, electronically stored photographs, or
21 digitized images obtained pursuant to this subsection is
22 limited to the verification of the identity of the holder of
23 an account, other form of identification, or other similar
24 uses, and may not be used for any other purpose.
25 (6) Notwithstanding any other provisions of law, the
26 department may sell copies of photographs, electronically
27 stored photographs, or digitized images maintained by the
28 department as required, upon receipt of the following from an
29 applicant:
30 (a) Proof of the identity of the applicant;
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HB 3275, First Engrossed
1 (b) A declaration, in such form as is required by the
2 department, describing how the applicant will use such
3 photographs, electronically stored photographs, or digitized
4 images for the prevention of fraud; and
5 (c) Payment of a fee for the photographs,
6 electronically stored photographs, or digitized images. The
7 department shall establish a fee for providing copies of such
8 photographs, electronically stored photographs, or digitized
9 images and all fees collected pursuant to this subsection
10 shall be used to defray the costs of the department in
11 providing such copies to an applicant.
12 Section 5. $35,000 is hereby appropriated from the
13 Highway Safety Operating Trust fund to implement the
14 provisions of this legislation.
15 Section 6. This act shall take effect July 1 of the
16 year in which enacted.
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