HB 0755 2004
1	A bill to be entitled
2	An act relating to motor vehicle driver's responsibility;
3	creating the driver's responsibility program; directing
4	the Department of Highway Safety and Motor Vehicles to
5	annually impose specified monetary penalties against motor
6	vehicle licensees who have violated certain laws within
7	the previous 36 months; requiring the department to notify
8	licensees of the penalty and the time period in which to
9	pay the penalty; requiring the department to accept
10	installment payments for the penalties; directing the
11	department to adopt rules relating to installment
12	payments; providing sanctions for a licensee's failure to
13	pay an installment; allowing the department the discretion
14	to permit licensees to pay assessed penalties with credit
15	cards; authorizing the department to adopt rules relating
16	to credit card payments; requiring the department to
17	suspend a driver's license if a credit card issuer returns
18	the account as unpayable; requiring the department to
19	suspend a driver's license if the licensee does not pay
20	the penalty or arrange for an installment plan within a
21	specified time after the notice of penalty is sent;
22	directing the department to remit all penalties to the
23	Trauma Services Trust Fund; creating s. 395.4033, F.S;
24	requiring the Department of Health to make payments to
25	trauma centers; providing conditions for a certified
26	trauma center to receive funding; providing an effective
27	date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Driver's responsibility program.--
32	(1) ANNUAL PENALTIES.--In addition to any other penalty
33	authorized by law, the Department of Highway Safety and Motor
34	Vehicles shall impose an annual monetary penalty against each
35	person who:
36	(a) Accumulates 6 or more points under section 322.27(3),
37	Florida Statutes, for violations of motor vehicle laws or
38	ordinances, or applicable provisions of section 403.413(6)(b),
39	Florida Statutes, during the preceding 36-month period. The
40	penalty assessed shall be $100 for the first 6 points the
41	licensee accumulates and $25 for each point accumulated in
42	excess of 6 points. The department shall notify the licensee by
43	first-class mail at the licensee's most recent address on file
44	with the department of the assessment of the fifth point on the
45	license.
46	(b) Is convicted of an offense relating to driving under
47	the influence under section 316.193, Florida Statutes, during
48	the preceding 36-month period. The penalty assessed shall be
49	$1,000 for the first conviction or $1,500 for a second or
50	subsequent conviction, except that the penalty shall be $2,000
51	for the first or a subsequent conviction if the licensee's
52	blood-alcohol, urine-alcohol, or breath-alcohol level is 0.20 or
53	higher.
54	(c) Is convicted of a violation of section 324.021,
55	Florida Statutes, during the preceding 36-month period. The
56	penalty assessed shall be $250 for one or more convictions
57	during the previous 36 months.
58	(d) Is convicted of a violation of section 322.03, Florida
59	Statutes, during the preceding 36-month period. The penalty
60	assessed shall be $100 for one or more convictions during the
61	previous 36 months.
62	(2) NOTICE OF PENALTY.--The department shall notify the
63	licensee of the assessment of a penalty by first-class mail sent
64	to the licensee's most recent address documented in the
65	department's records. The notice must specify the date by which
66	the penalty must be paid and describe the consequences if the
67	licensee fails to timely pay the penalty.
68	(3) INSTALLMENT PAYMENT OF PENALTY.--The department shall
69	adopt by rule procedures to permit the licensee to pay the
70	penalty in installments. A licensee may not pay a penalty total
71	of less than $2,300 over a period of more than 12 consecutive
72	months or a penalty total of $2,300 or more over a period of
73	more than 24 consecutive months. If the licensee is paying by
74	installment and fails to pay an installment payment, the
75	department may declare the full amount of the unpaid penalty
76	immediately due and payable.
77	(4) CREDIT CARD PAYMENT OF PENALTY.--The department may
78	adopt by rule procedures to permit the licensee to pay the
79	penalty by credit card. The licensee must pay all costs incurred
80	by the department which are associated with the acceptance of a
81	credit card payment. If the penalty or related credit card costs
82	are returned as unpayable to the department by the credit card
83	issuer, the department shall immediately suspend the licensee's
84	driver's license. A license suspended under this subsection
85	remains suspended until the licensee pays in full the penalty
86	and all related costs incurred by the department for accepting
87	the credit card payment.
88	(5) FAILURE TO PAY PENALTY.--If the licensee fails to pay
89	the penalty on or before 30 days after the date the department
90	sends the notice to the licensee, fails to enter into an
91	installment payment agreement with the department, or fails to
92	make an installment payment, the department shall immediately
93	suspend the licensee's driver's license. A license suspended
94	under this subsection remains suspended until the licensee pays
95	in full the penalty and all related costs incurred by the
96	department in collecting the penalty.
97	(6) REMITTANCE OF PENALTY TO THE TRAUMA SERVICES TRUST
98	FUND.--All penalties collected by the department under this
99	section shall be deposited in the Trauma Services Trust Fund.
100	Section 2. Section 395.4033, Florida Statutes, is created
101	to read:
102	395.4033 Payments to trauma centers.--It is the intent of
103	the Legislature to provide financial support to certified trauma
104	centers in order for the centers to meet minimum standards of
105	trauma readiness and to create incentives for new trauma centers
106	to become a part of the system of state-sponsored trauma
107	centers. In compliance with this intent, the Department of
108	Health shall make annual payments from the Trauma Services Trust
109	Fund to the trauma centers. The payments shall be in equal
110	payments to all trauma centers in order for the centers to meet
111	minimum standards of trauma readiness. Each existing trauma
112	center and each center established after July 1, 2004, may also
113	receive a one-time payment in recognition of the center's
114	startup costs.
115	Section 3. This act shall take effect July 1, 2004.