HB 0165 2004
1	A bill to be entitled
2	An act relating to motor vehicle liability insurance;
3	amending s. 320.055, F.S.; providing for a 6-month vehicle
4	registration for persons reinstating a driver's license
5	that has been suspended for driving under the influence;
6	requiring the Department of Highway Safety and Motor
7	Vehicles to issue 6-month vehicle registration
8	certificates and validation stickers; specifying the
9	amount of taxes and charges which must be paid; amending
10	s. 324.131, F.S.; requiring persons whose license or
11	registration has been suspended or revoked due to a
12	violation of driving under the influence to maintain, for
13	3 years, noncancelable liability coverage as described in
14	s. 627.7275(2), F.S.; authorizing the Department of
15	Highway Safety and Motor Vehicles to adopt a form for
16	proof of such coverage; amending s. 627.7275, F.S.;
17	requiring insurers to make available bodily injury, death,
18	and property damage liability coverage, to certain
19	applicants seeking coverage for reinstatement of driving
20	privileges revoked or suspended for driving under the
21	influence, that is noncancelable for a certain period;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (1) of section 320.055, Florida
27	Statutes, is amended to read:
28	320.055 Registration periods; renewal periods.--The
29	following registration periods and renewal periods are
30	established:
31	(1)(a)For a motor vehicle subject to registration under
32	s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7),
33	(8), (9), or (10) and owned by a natural person, the
34	registration period begins the first day of the birth month of
35	the owner and ends the last day of the month immediately
36	preceding the owner's birth month in the succeeding year. If
37	such vehicle is registered in the name of more than one person,
38	the birth month of the person whose name first appears on the
39	registration shall be used to determine the registration period.
40	For a vehicle subject to this registration period, the renewal
41	period is the 30-day period ending at midnight on the vehicle
42	owner's date of birth.
43	(b) Notwithstanding the requirements of paragraph (a), the
44	owner of a motor vehicle subject to paragraph (a) who has had
45	his or her driver's license suspended pursuant to a violation of
46	s. 316.193 or pursuant to s. 322.26(2) for driving under the
47	influence must obtain a 6-month registration as a condition of
48	reinstating the license, subject to renewal during the 3-year
49	period that financial responsibility requirements apply. The
50	registration period begins the first day of the birth month of
51	the owner and ends the last day of the fifth month immediately
52	following the owner's birth month. For such vehicles, the
53	department shall issue a vehicle registration certificate that
54	is valid for 6 months and shall issue a validation sticker that
55	displays an expiration date of 6 months after the date of
56	issuance. The license tax required by s. 320.08 and all other
57	applicable license taxes shall be one-half of the amount
58	otherwise required, except the service charge required by s.
59	320.04 shall be paid in full for each 6-month registration.
60	Section 2. Section 324.131, Florida Statutes, is amended
61	to read:
62	324.131 Period of suspension.--Such license, registration
63	and nonresident's operating privilege shall remain so suspended
64	and shall not be renewed, nor shall any such license or
65	registration be thereafter issued in the name of such person,
66	including any such person not previously licensed, unless and
67	until every such judgment is stayed, satisfied in full or to the
68	extent of the limits stated in s. 324.021(7) and until the said
69	person gives proof of financial responsibility as provided in s.
70	324.031, such proof to be maintained for 3 years. In addition,
71	if the person's license or registration has been suspended or
72	revoked due to a violation of s. 316.193 or pursuant to s.
73	322.26(2), that person shall maintain noncancelable liability
74	coverage for each motor vehicle registered in his or her name,
75	as described in s. 627.7275(2), and must present proof that
76	coverage is in force on a form adopted by the Department of
77	Highway Safety and Motor Vehicles, such proof to be maintained
78	for 3 years.
79	Section 3. Section 627.7275, Florida Statutes, is amended
80	to read:
81	627.7275 Motor vehicle property damageliability.--
82	(1) A Nomotor vehicle insurance policy providing personal
83	injury protection as set forth in s. 627.736 may not shallbe
84	delivered or issued for delivery in this state with respect to
85	any specifically insured or identified motor vehicle registered
86	or principally garaged in this state unless the policy also
87	provides coverage for property damage liability in the amount of
88	at least $10,000 because of damage to, or destruction of,
89	property of others in any one accident arising out of the use of
90	the motor vehicle or unless the policyprovides coverage in the
91	amount of at least $30,000 for combined property damage
92	liability and bodily injury liability in any one accident
93	arising out of the use of the motor vehicle. The policy, as to
94	coverage of property damage liability, must shallmeet the
95	applicable requirements of s. 324.151, subject to the usual
96	policy exclusions that suchas have been approved in policy
97	forms by the office.
98	(2)(a) Insurers writing motor vehicle insurance in this
99	state shall make available, subject to the insurers' usual
100	underwriting restrictions:,
101	1. Coverage under policies as described in subsection (1)
102	of this sectionto any applicant for private passenger motor
103	vehicle insurance coverage who is seeking the coverage in order
104	to reinstate the applicant's driving privileges in this state
105	when the driving privileges were revoked or suspended pursuant
106	to s. 316.646 or s. 627.733 due to the failure of the applicant
107	to maintain required security.
108	2. Coverage under policies as described in subsection (1),
109	which also provides liability coverage for bodily injury, death,
110	and property damage arising out of the ownership, maintenance,
111	or use of the motor vehicle in an amount not less than the
112	limits described in s. 324.021(7) and conforms to the
113	requirements of s. 324.151, to any applicant for private
114	passenger motor vehicle insurance coverage who is seeking the
115	coverage in order to reinstate the applicant's driving
116	privileges in this state after such privileges were revoked or
117	suspended under s. 316.193 or s. 322.26(2) for driving under the
118	influence.
119	(b) The policies described in paragraph (a) policyshall
120	be issued for a period of at least 6 months and as to the
121	minimum coverages required under this section shall not be
122	cancelable by the insured for any reason or by the insurer after
123	a period not to exceed 30 days during which the insurer must
124	complete underwriting of the policy. After the insurer has
125	completed underwriting the policy within the 30-day period, the
126	insurer shall notify the Department of Highway Safety and Motor
127	Vehicles that the policy is in full force and effect and the
128	policy shall not be cancelable for the remainder of the policy
129	period. A premium shall be collected and coverage shall be in
130	effect for the 30-day period during which the insurer is
131	completing the underwriting of the policy whether or not the
132	person's driver license, motor vehicle tag, and motor vehicle
133	registration are in effect. Once the noncancelable provisions of
134	the policy become effective, the coverage or risk shall not be
135	changed during the policy period and the premium shall be
136	nonrefundable. If, during the pendency of the 2-year proof of
137	insurance period required under s. 627.733(7) or during the 3-
138	year proof of financial responsibility required under s.
139	324.131, whichever is applicable, the insured obtains additional
140	coverage or coverage for an additional risk or changes
141	territories, the insured must obtain a new 6-month noncancelable
142	policy in accordance with the provisions of this section.
143	However, if the insured must obtain a new 6-month policy and
144	obtains the policy from the same insurer, the policyholder shall
145	receive credit on the new policy for any premium paid on the
146	previously issued policy.
147	(c)(b) The provisions of This subsection controls shall
148	controlto the extent of any conflict with any other section.
149	Section 4. This act shall take effect October 1, 2004.