House Bill 0557c1

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    Florida House of Representatives - 1999              CS/HB 557

        By the Committee on Transportation and Representatives
    Chestnut, Cosgrove and Greenstein





  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         providing for expanding into additional

  8         counties a pilot project that authorizes a

  9         recovery agent or recovery agency to seize the

10         license plate of a motor vehicle following

11         suspension of the vehicle's registration or

12         suspension of the driver's license of the owner

13         or operator of the vehicle for failing to

14         maintain personal injury protection; requiring

15         that the department provide procedures for

16         paying fees; amending s. 627.733, F.S.;

17         deleting payment of a fee to recovery agents;

18         providing effective dates.

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

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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              CS/HB 557

    198-317-99






  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 program pilot project in Broward County,

13  Dade County, and Hillsborough County to determine the

14  effectiveness of using recovery agents for the seizure of

15  license plates in counties where a majority of the governing

16  body of the county has requested the program be implemented.

17  Until the vehicle information system overall reorganization is

18  complete, the existing pilot project within Broward, Dade, and

19  Hillsborough Counties shall continue in effect pursuant to

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

21  department shall provide a report to the President of the

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

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

24  Insurance Committee, and the Majority and Minority Leaders of

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

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

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

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

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

30  owner or operator of the vehicle has vehicles whose

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

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    Florida House of Representatives - 1999              CS/HB 557

    198-317-99






  1  627.733, in such counties upon compliance with this section

  2  and rules of the Department of Highway Safety and Motor

  3  Vehicles.

  4         (2)  The Department of Highway Safety and Motor

  5  Vehicles shall:

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

  7  recovery agents or recovery agencies who seize license plates

  8  pursuant to this section.  This procedure shall include the

  9  development and distribution of forms and monthly renewal

10  notices, including the name and most current address available

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

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

13  agent or recovery agency to transmit the seized license plate

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

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

16  $25 in s. 627.733(7) to the recovery agent or recovery agency

17  seizing an eligible the license plate pursuant to this

18  section.  The requirements with respect to payment must

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

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

21  reinstatement fee to the Department of Highway Safety and

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

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

24  Statutes, 1998 Supplement, is amended to read:

25         627.733  Required security.--

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

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

28  316.646 may effect its reinstatement upon compliance with the

29  requirements of this section and upon payment to the

30  Department of Highway Safety and Motor Vehicles of a

31  nonrefundable reinstatement fee of $150 for the first

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    Florida House of Representatives - 1999              CS/HB 557

    198-317-99






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

  2  second reinstatement and $500 for each subsequent

  3  reinstatement during the 3 years following the first

  4  reinstatement. Any person reinstating her or his insurance

  5  under this subsection must also secure noncancelable coverage

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

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

  8  promulgated by the Department of Highway Safety and Motor

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

10  person does not have a second reinstatement within 3 years

11  after her or his initial reinstatement, the reinstatement fee

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

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

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

15  reinstatement fee shall be paid to reinstate the license and

16  the registration.  All fees shall be collected by the

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

18  reinstatement.  The Department of Highway Safety and Motor

19  Vehicles shall issue proper receipts for such fees and shall

20  promptly deposit those fees in the Highway Safety Operating

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

22  subsection shall be distributed from the Highway Safety

23  Operating Trust Fund to the local government entity or state

24  agency which employed the law enforcement officer or the

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

26  324.201 or to s. 324.202.  Such funds may be used by the local

27  government entity or state agency for any authorized purpose.

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

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

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

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    Florida House of Representatives - 1999              CS/HB 557

    198-317-99






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

  2  321.245.

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

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

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

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

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

  8  effect its reinstatement upon compliance with the requirements

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

10  Safety and Motor Vehicles of a nonrefundable reinstatement fee

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

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

13  subsequent reinstatement during the 3 years following the

14  first reinstatement. Any person reinstating her or his

15  insurance under this subsection must also secure noncancelable

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

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

18  form promulgated by the Department of Highway Safety and Motor

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

20  person does not have a second reinstatement within 3 years

21  after her or his initial reinstatement, the reinstatement fee

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

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

24  Highway Safety and Motor Vehicles at the time of

25  reinstatement.  The Department of Highway Safety and Motor

26  Vehicles shall issue proper receipts for such fees and shall

27  promptly deposit those fees in the Highway Safety Operating

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

29  subsection shall be distributed from the Highway Safety

30  Operating Trust Fund to the local government entity or state

31  agency which employed the law enforcement officer or the

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    Florida House of Representatives - 1999              CS/HB 557

    198-317-99






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

  2  324.201 or to s. 324.202.  Such funds may be used by the local

  3  government entity or state agency for any authorized purpose.

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

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

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

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

  8  321.245.

  9         Section 5.  Except as otherwise provided herein, this

10  act shall take effect July 1, 1999.

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