Amendment
Bill No. CS/CS/CS/SB 1992
Amendment No. 289495
CHAMBER ACTION
Senate House
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1Representative Legg offered the following:
2
3     Amendment to Amendment (615905) (with title amendment)
4     Between lines 1988 and 1989, insert:
5     Section 48.  Effective July 1, 2008, section 322.75,
6Florida Statutes, is created to read:
7     322.75  Short title.--Sections 322.75-322.754 may be cited
8as "Florida's Driver Responsibility Law."
9     Section 49.  Effective July 1, 2008, section 322.751,
10Florida Statutes, is created to read:
11     322.751  Surcharge for points.--
12     (1)  Each year, the department shall assess a surcharge on
13each person who has accumulated 7 or more points against his or
14her driver's license during the preceding 36-month period.
15     (2)  The amount of the surcharge under this section is $120
16for the first 7 points and $25 for each additional point.
17     (3)  The department shall notify the holder of a driver's
18license of the assignment of a 4th point on that license by
19first-class mail sent to the person's most recent address as
20shown on the records of the department.
21     (4)  This section does not apply to a conviction that
22becomes final before July 1, 2008.
23     Section 50.  Effective July 1, 2008, section 322.7515,
24Florida Statutes, is created to read:
25     322.7515  Surcharge for conviction of driving under the
26influence.--
27     (1)  Each year, the department shall assess a surcharge on
28each person who has a final conviction during the preceding 36-
29month period for a violation of s. 316.193.
30     (2)  The amount of the surcharge under this section is:
31     (a)  Five hundred dollars per year for a first conviction.
32     (b)  Seven hundred fifty dollars per year for a second or
33subsequent conviction within a 36-month period.
34     (c)  One thousand dollars per year for a first or
35subsequent conviction if the blood-alcohol level of the person
36was 0.20 or higher at the time the analysis was performed.
37     (3)  A surcharge under this section may not be assessed for
38the same conviction for a period longer than 36 months.
39     (4)  This section does not apply to a conviction that
40becomes final before July 1, 2008.
41     Section 51.  Effective July 1, 2008, section 322.752,
42Florida Statutes, is created to read:
43     322.752  Surcharge for conviction of driving without a
44valid license or without financial responsibility.--
45     (1)  Each year, the department shall assess a surcharge on
46each person who has a final conviction during the preceding 36-
47month period for a violation of s. 322.03, s. 322.065, s.
48324.021, or s. 627.733.
49     (2)  The amount of a surcharge under this section is $120
50per year.
51     (3)  This section does not apply to a conviction that
52becomes final before July 1, 2008.
53     Section 52.  Effective July 1, 2008, section 322.7525,
54Florida Statutes, is created to read:
55     322.7525  Notice of surcharge.--
56     (1)  The department shall notify the holder of a driver's
57license of the assessment of a surcharge under Florida's Driver
58Responsibility Law by first-class mail sent to the person's most
59recent address as shown on the records of the department. The
60notice must specify the date by which the surcharge must be paid
61and state the consequences of a failure to pay the surcharge.
62     (2)  If the person fails to pay the full amount of the
63surcharge or fails to enter into an installment payment
64agreement with the department within 30 days after the date the
65notification was sent, the person's license shall be
66automatically suspended.
67     (3)  A license suspended under this section shall remain
68suspended until the person pays the full amount of the surcharge
69or the installment payment under s. 322.753 and any related
70costs.
71     Section 53.  Effective July 1, 2008, section 322.753,
72Florida Statutes, is created to read:
73     322.753  Installment payment of surcharges.--
74     (1)  The department shall by rule provide for the payment
75of a surcharge under Florida's Driver Responsibility Law in
76installments.
77     (2)  A rule under this section:
78     (a)  May not permit a person to pay a surcharge:
79     1.  Of less than $2,300 over a period of more than 12
80consecutive months; or
81     2.  Of $2,300 or more over a period of more than 24
82consecutive months.
83     (b)  May provide that the department may declare the amount
84of the unpaid surcharge immediately due and payable if the
85person fails to make a required installment payment.
86     (3)  The department may by rule authorize the payment of a
87surcharge by use of a credit card. The rules shall require the
88person to pay all costs incurred by the department in connection
89with the acceptance of the credit card.
90     (4)  If a person pays a surcharge or related cost by credit
91card and the amount is subsequently reversed by the issuer of
92the credit card, the person's license shall be automatically
93suspended.
94     (5)  A license suspended under this section remains
95suspended until the person pays the full amount of the surcharge
96or all past-due installments and any related costs.
97     Section 54.  Effective July 1, 2008, section 322.7535,
98Florida Statutes, is created to read:
99     322.7535  Contracts for collection of surcharges.--The
100department may enter into a contract with a public or private
101vendor for the collection of surcharges receivable under
102Florida's Driver Responsibility Law.
103     Section 55.  Effective July 1, 2008, section 322.7539,
104Florida Statutes is created to read:
105     322.7539  Amnesty and incentives.--
106     (1)  The department may by rule establish a periodic
107amnesty program for holders of a driver's license on which a
108surcharge has been assessed under Florida's Driver
109Responsibility Law for certain offenses, as determined by the
110department.
111     (2)  The department may by rule offer a holder of a
112driver's license on which a surcharge has been assessed an
113incentive for compliance with the law and efforts at
114rehabilitation, including a reduction of a surcharge or a
115decrease in the length of an installment plan.
116     (3)  The department may by rule establish an indigents
117program for holders of a driver's license on which a surcharge
118has been assessed under Florida's Driver Responsibility Law for
119certain offenses, as determined by the department.
120     Section 56.  Effective July 1, 2008, section 322.754,
121Florida Statutes, is created to read:
122     322.754  Remittance of surcharges collected.--Moneys
123derived from a surcharge collected by the department under
124Florida's Driver Responsibility Law shall be distributed as
125follows:
126     (1)  Fifty percent of the moneys shall be remitted to the
127State Transportation Trust Fund to fund Strategic Intermodal
128System projects prioritized in accordance with s. 339.64.
129     (2)  Fifty percent of the moneys shall be remitted to the
130Department of Health Administrative Trust Fund to provide
131financial support to certified trauma centers to ensure the
132availability and accessibility of trauma services throughout the
133state.
134
135
136
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137
T I T L E  A M E N D M E N T
138     Between lines 2171 and 2172, insert:
139creating s. 322.75, F.S.; providing a short title; creating s.
140322.751, F.S.; directing the Department of Highway Safety and
141Motor Vehicles to assess specified annual surcharges against a
142person who accumulates 7 or more points against his or her
143driver's license within the previous 36 months; requiring the
144department to notify a licensee by first-class mail upon receipt
145of 4 points against his or her license; providing applicability;
146creating s. 322.7515, F.S.; directing the department to assess
147specified annual surcharges against a person who has a final
148conviction within the previous 36 months for a DUI offense;
149providing applicability; creating s. 322.752, F.S.; directing
150the department to assess specified annual surcharges against a
151person driving without a valid driver's license or without
152financial responsibility; providing applicability; creating s.
153322.7525, F.S.; requiring the department to notify licensees of
154the surcharges, the time period in which to pay the surcharges,
155and consequences of noncompliance; requiring the department to
156suspend a driver's license if the licensee does not pay the
157surcharge or arrange for installment payments within a specified
158time after the notice of surcharge is sent; specifying the
159period of suspension; creating s. 322.753, F.S.; requiring the
160department to provide by rule for installment payments of the
161surcharges; allowing the department to permit licensees to pay
162assessed surcharges with credit cards; requiring the department
163to suspend a driver's license if the credit card payment is
164subsequently reversed; specifying the period of suspension;
165creating s. 322.7535, F.S.; authorizing the department to enter
166into a contract with a public or private vendor for the
167collection of specified annual surcharges; creating s. 322.7539,
168F.S.; authorizing the department to offer certain incentives and
169to establish an amnesty program and an indigents program for the
170payment of surcharges; creating s. 322.754, F.S.; providing for
171distribution of moneys derived from surcharges collected by the
172department;


CODING: Words stricken are deletions; words underlined are additions.