House Bill 0557

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    Florida House of Representatives - 1999                 HB 557

        By Representative Chestnut






  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 324.201,

  4         F.S.; deleting the requirement that recovery

  5         agents notify law enforcement of a license

  6         plate seizure; amending s. 324.202, F.S.;

  7         expanding into additional counties a pilot

  8         project that authorizes a recovery agent or

  9         recovery agency to seize the license plate of a

10         motor vehicle following suspension of the

11         vehicle's registration or suspension of the

12         driver's license of the owner or operator of

13         the vehicle for failing to maintain personal

14         injury protection; requiring that the

15         department provide procedures for paying fees;

16         amending s. 627.733, F.S.; deleting payment of

17         a fee to recovery agents; providing effective

18         dates.

19

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

21

22         Section 1.  Subsection (5) of section 324.201, Florida

23  Statutes, is amended to read:

24         324.201  Return of license or registration to

25  department.--

26         (5)  When a recovery agent or recovery agency obtains a

27  seized license plate in accordance with this chapter, the

28  license plate shall be delivered to a driver license office on

29  the next business day local law enforcement agencies must be

30  notified of the recovery within 6 hours after seizure.  The

31  recovery agent or recovery agency shall deliver the license

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    Florida House of Representatives - 1999                 HB 557

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  1  plate to the local law enforcement authorities and obtain a

  2  receipt upon delivery of the license plate for claim record

  3  purposes with the department pursuant to the procedure

  4  prescribed in this section.

  5         Section 2.  Section 324.202, Florida Statutes, is

  6  amended to read:

  7         324.202  Seizure of motor vehicle license plates by

  8  recovery agents.--

  9         (1)  Upon the implementation of the vehicle information

10  system overall reorganization to the Oracle database of driver

11  licenses, the Department of Highway Safety and Motor Vehicles

12  shall implement a statewide program pilot project in Broward

13  County, Dade County, and Hillsborough County to determine the

14  effectiveness of using recovery agents for the seizure of

15  license plates. Until such statewide implementation occurs,

16  the existing pilot project with Broward, Dade, and

17  Hillsborough Counties shall continue in effect pursuant to

18  chapter 95-202, Laws of Florida. On October 1, 1996, the

19  department shall provide a report to the President of the

20  Senate, the Speaker of the House of Representatives, the chair

21  of the Senate Commerce Committee, the chair of the House

22  Insurance Committee, and the Majority and Minority Leaders of

23  the Senate and the House of Representatives, on the results of

24  the pilot project. A licensed recovery agent or agents and

25  recovery agency, agencies as described in s. 493.6101(20) and

26  (21) may seize the license plate plates of a motor vehicle if

27  the vehicle's registration or the driver's license of the

28  owner or operator of the vehicle has vehicles whose

29  registrations have been suspended pursuant to s. 316.646 or s.

30  627.733, in such counties upon compliance with this section

31

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    Florida House of Representatives - 1999                 HB 557

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  1  and rules of the Department of Highway Safety and Motor

  2  Vehicles.

  3         (2)  The Department of Highway Safety and Motor

  4  Vehicles shall:

  5         (a)  Provide a procedure for the payment of fees to

  6  recovery agents or recovery agencies who seize license plates

  7  pursuant to this section.  This procedure shall include the

  8  development and distribution of forms and monthly renewal

  9  notices, including the name and most current address available

10  to the department of persons not in compliance with s. 316.646

11  or s. 627.733, which shall be used by the seizing recovery

12  agent or recovery agency to transmit the seized license plate

13  to the local law enforcement agency pursuant to s. 324.201.

14         (b)  Provide a method for the payment of a the fee of

15  $25 in s. 627.733(7) to the recovery agent or recovery agency

16  seizing an eligible the license plate pursuant to this

17  section.  The requirements with respect to payment must

18  provide that when the owner or operator whose driver's license

19  has been suspended under s. 316.646 or s. 627.733 pays the

20  reinstatement fee to the Department of Highway Safety and

21  Motor Vehicles, the department shall pay the recovery agent.

22         Section 3.  Subsection (7) of section 627.733, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         627.733  Required security.--

25         (7)(a)  Any operator or owner whose driver's license or

26  registration has been suspended pursuant to this section or s.

27  316.646 may effect its reinstatement upon compliance with the

28  requirements of this section and upon payment to the

29  Department of Highway Safety and Motor Vehicles of a

30  nonrefundable reinstatement fee of $150 for the first

31  reinstatement.  Such reinstatement fee shall be $250 for the

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  1  second reinstatement and $500 for each subsequent

  2  reinstatement during the 3 years following the first

  3  reinstatement. Any person reinstating her or his insurance

  4  under this subsection must also secure noncancelable coverage

  5  as described in s. 627.7275(2) and present to the appropriate

  6  person proof that the coverage is in force on a form

  7  promulgated by the Department of Highway Safety and Motor

  8  Vehicles, such proof to be maintained for 2 years.  If the

  9  person does not have a second reinstatement within 3 years

10  after her or his initial reinstatement, the reinstatement fee

11  shall be $150 for the first reinstatement after that 3-year

12  period.  In the event that a person's license and registration

13  are suspended pursuant to this section or s. 316.646, only one

14  reinstatement fee shall be paid to reinstate the license and

15  the registration.  All fees shall be collected by the

16  Department of Highway Safety and Motor Vehicles at the time of

17  reinstatement.  The Department of Highway Safety and Motor

18  Vehicles shall issue proper receipts for such fees and shall

19  promptly deposit those fees in the Highway Safety Operating

20  Trust Fund. One-third of the fee collected under this

21  subsection shall be distributed from the Highway Safety

22  Operating Trust Fund to the local government entity or state

23  agency which employed the law enforcement officer or the

24  recovery agent who seizes a license plate pursuant to s.

25  324.201 or to s. 324.202.  Such funds may be used by the local

26  government entity or state agency for any authorized purpose.

27         (b)  One-third of the fee collected for the seizure of

28  a license plate by a recovery agent shall be paid to the

29  recovery agent, and the balance shall remain in the Highway

30  Safety Operating Trust Fund and be distributed pursuant to s.

31  321.245.

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    Florida House of Representatives - 1999                 HB 557

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  1         Section 4.  Effective July 1, 2000, subsection (7) of

  2  section 627.733, Florida Statutes, 1998 Supplement, as amended

  3  by chapter 98-223, Laws of Florida, is amended to read:

  4         (7)(a)  Any operator or owner whose registration has

  5  been suspended pursuant to this section or s. 316.646 may

  6  effect its reinstatement upon compliance with the requirements

  7  of this section and upon payment to the Department of Highway

  8  Safety and Motor Vehicles of a nonrefundable reinstatement fee

  9  of $150 for the first reinstatement.  Such reinstatement fee

10  shall be $250 for the second reinstatement and $500 for each

11  subsequent reinstatement during the 3 years following the

12  first reinstatement. Any person reinstating her or his

13  insurance under this subsection must also secure noncancelable

14  coverage as described in s. 627.7275(2) and present to the

15  appropriate person proof that the coverage is in force on a

16  form promulgated by the Department of Highway Safety and Motor

17  Vehicles, such proof to be maintained for 2 years.  If the

18  person does not have a second reinstatement within 3 years

19  after her or his initial reinstatement, the reinstatement fee

20  shall be $150 for the first reinstatement after that 3-year

21  period.  All fees shall be collected by the Department of

22  Highway Safety and Motor Vehicles at the time of

23  reinstatement.  The Department of Highway Safety and Motor

24  Vehicles shall issue proper receipts for such fees and shall

25  promptly deposit those fees in the Highway Safety Operating

26  Trust Fund. One-third of the fee collected under this

27  subsection shall be distributed from the Highway Safety

28  Operating Trust Fund to the local government entity or state

29  agency which employed the law enforcement officer or the

30  recovery agent who seizes a license plate pursuant to s.

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    Florida House of Representatives - 1999                 HB 557

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  1  324.201 or to s. 324.202.  Such funds may be used by the local

  2  government entity or state agency for any authorized purpose.

  3         (b)  One-third of the fee collected for the seizure of

  4  a license plate by a recovery agent shall be paid to the

  5  recovery agent, and the balance shall remain in the Highway

  6  Safety Operating Trust Fund and be distributed pursuant to s.

  7  321.245.

  8         Section 5.  Except as otherwise provided herein, this

  9  act shall take effect July 1, 1999.

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11            *****************************************

12                          HOUSE SUMMARY

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      Eliminates the requirement that recovery agents notify
14    law enforcement of a license plate seizure. Expands into
      additional counties a pilot project that authorizes a
15    recovery agent or recovery agency to seize the license
      plate of a motor vehicle following suspension of the
16    vehicle's registration or suspension of the driver's
      license of the owner or operator of the vehicle for
17    failure to maintain personal injury protection.
      Eliminates payment of a fee to recovery agents. See bill
18    for details.

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