Senate Bill sb1496c1

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    Florida Senate - 2004                           CS for SB 1496

    By the Committee on Transportation





    306-1976-04

  1                      A bill to be entitled

  2         An act relating to driver responsibility;

  3         creating s. 322.75, F.S.; providing a short

  4         title; creating s. 322.751, F.S.; directing the

  5         Department of Highway Safety and Motor Vehicles

  6         to assess specified annual surcharges against a

  7         motor vehicle licensee who accumulates seven or

  8         more points against his or her license within

  9         the previous 36 months; requiring the

10         department to notify a licensee by first-class

11         mail upon receipt of four points against his or

12         her license; creating s. 322.7515, F.S.;

13         directing the department to assess specified

14         annual surcharges against motor vehicle

15         licensees who have a final conviction within

16         the previous 36 months for a DUI offense;

17         creating s. 322.7525, F.S.; requiring the

18         department to notify licensees of the

19         surcharges and the time period in which to pay

20         the surcharges; creating s. 322.753, F.S.;

21         requiring the department to accept installment

22         payments for the surcharges; providing

23         sanctions for a licensee's failure to pay an

24         installment; allowing the department to permit

25         licensees to pay assessed surcharges with

26         credit cards; requiring the department to

27         suspend a driver's license if the licensee does

28         not pay the surcharge or arrange for

29         installment payments within a specified time

30         after the notice of surcharge is sent; creating

31         s. 322.7535, F.S.; authorizing the department

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    Florida Senate - 2004                           CS for SB 1496
    306-1976-04




 1         to enter into a contract with a public or

 2         private vendor for the collection of specified

 3         annual surcharges; creating s. 322.754, F.S.;

 4         providing for distribution of moneys derived

 5         from surcharges collected by the department;

 6         providing an effective date.

 7  

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

 9  

10         Section 1.  Section 322.75, Florida Statutes, is

11  created to read:

12         322.75  Short title.--Sections 322.75-322.754 may be

13  cited as "Florida's Driver Responsibility Law."

14         Section 2.  Section 322.751, Florida Statutes, is

15  created to read:

16         322.751  Annual surcharge for points.--

17         (1)  Each year the department shall assess a surcharge

18  on each person who has accumulated seven or more points

19  against his or her driver's license during the preceding

20  36-month period.

21         (2)  The amount of a surcharge under this section is

22  $100 for the first seven points and $25 for each additional

23  point.

24         (3)  The department shall notify the holder of a

25  driver's license of the assignment of a fourth point on that

26  license by first-class mail sent to the person's most recent

27  address as shown on the records of the department.

28         (4)  This section does not apply to a conviction that

29  becomes final before July 1, 2004.

30         Section 3.  Section 322.7515, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                           CS for SB 1496
    306-1976-04




 1         322.7515  Surcharge for conviction of driving under the

 2  influence.--

 3         (1)  Each year the department shall assess a surcharge

 4  on each person who has a final conviction during the preceding

 5  36-month period for an offense relating to s. 316.193.

 6         (2)  The amount of a surcharge under this section is

 7  $1,000 per year, except that the amount of the surcharge is:

 8         (a)  One thousand five hundred dollars per year for a

 9  second or subsequent conviction within a 36-month period; and

10         (b)  Two thousand dollars for a first or subsequent

11  conviction if the blood-alcohol level of the person was 0.20

12  or higher at the time the analysis was performed.

13         (3)  A surcharge under this section for the same

14  conviction may not be assessed in more than 3 years.

15         (4)  This section does not apply to a conviction that

16  becomes final before July 1, 2004.

17         Section 4.  Section 322.7525, Florida Statutes, is

18  created to read:

19         322.7525  Notice of surcharge.--

20         (1)  The department shall notify the holder of a

21  driver's license of the assessment of a surcharge on that

22  license by first-class mail sent to the person's most recent

23  address as shown on the records of the department. The notice

24  must specify the date by which the surcharge must be paid and

25  and state the consequences of a failure to pay the surcharge.

26         (2)  If, before the 30th day after the date the

27  department sends a notice under Florida's Driver

28  Responsibility Law, the person fails to pay the amount of a

29  surcharge on the person's license or fails to enter into an

30  installment payment agreement with the department, the license

31  of the person is automatically suspended.

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    Florida Senate - 2004                           CS for SB 1496
    306-1976-04




 1         (3)  A license suspended under this section remains

 2  suspended until the person pays the amount of the surcharge

 3  and any related costs.

 4         Section 5.  Section 322.753, Florida Statutes, is

 5  created to read:

 6         322.753  Installment payment of surcharges.--

 7         (1)  The department shall by rule provide for the

 8  payment of a surcharge in installments.

 9         (2)  A rule under this section:

10         (a)  May not permit a person to pay a surcharge:

11         1.  Of less than $2,300 over a period of more than 12

12  consecutive months; or

13         2.  Of $2,300 or more over a period of more than 24

14  consecutive months.

15         (b)  May provide that if the person fails to make a

16  required installment payment, the department may declare the

17  amount of the unpaid surcharge immediately due and payable.

18         (3)  The department may by rule authorize the payment

19  of a surcharge by use of a credit card. The rules shall

20  require the person to pay all costs incurred by the department

21  in connection with the acceptance of the credit card.

22         (4)  If a person pays a surcharge or related cost by

23  credit card and the amount is subsequently reversed by the

24  issuer of the credit card, the license of that person is

25  automatically suspended.

26         (5)  A license suspended under this section remains

27  suspended until the person pays the amount of the surcharge

28  and any related costs.

29         Section 6.  Section 322.7535, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2004                           CS for SB 1496
    306-1976-04




 1         322.7535  Contracts for collection of surcharges.--The

 2  department may enter into a contract with a public or private

 3  vendor for the collection of surcharges receivable under this

 4  chapter.

 5         Section 7.  Section 322.754, Florida Statutes, is

 6  created to read:

 7         322.754  Remittance of surcharges collected.--Moneys

 8  derived from the surcharge collected by the department under

 9  the Florida's Driver Responsibility Law shall be paid as

10  follows: 50 percent of the moneys to the State Transportation

11  Trust Fund to fund Strategic Intermodal System projects

12  prioritized in accordance with s. 339.64; 20 percent of the

13  moneys to the Highway Safety Operating Trust Fund to be used

14  for recruiting and retaining Florida Highway Patrol officers;

15  20 percent of the moneys to the Trauma Services Trust Fund to

16  provide financial support to certified trauma centers to

17  assure the availability and accessibility of trauma services

18  throughout the state; and 10 percent of the moneys to the

19  Brain and Spinal Cord Injury Program Trust Fund for the

20  purpose set forth in s. 381.79.

21         Section 8.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1496
    306-1976-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1496

 3                                 

 4  The CS directs DHSMV to assess a $100 annual surcharge for the
    first seven points and $25 for each additional point against a
 5  person who accumulates points on his or her driving record
    within the previous 36 months.  In addition, the CS directs
 6  DHSMV to notify a driver upon assignment of the fourth point
    to his or her driver's license record.
 7  
    Surcharges for convictions of driving without a license or
 8  without financial responsibility are deleted from the CS. This
    CS provides for the distribution of moneys derived from
 9  surcharges collected by DHSMV under the Florida's Driver
    Responsibility Law.  In particular, collected money will be
10  allocated as follows:

11  
    1. 50 percent to the State Transportation Trust Fund in order
12  to fund Strategic Intermodal System projects;

13  2. 20 percent to the Highway Safety Operating Trust Fund to be
    used for recruiting and retaining Florida Highway Patrol
14  officers;

15  3. 20 percent to the Trauma Services Trust Fund to provide
    financial support to certified trauma centers in order to
16  assure the availability and accessibility of trauma services
    throughout Florida; and
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    4. 10 Percent to the Brain and Spinal Cord Injury Program
18  Trust Fund.

19  In addition, the CS provides a technical amendment to correct
    the short title to include s. 322.754, F.S.
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