Florida Senate - 2009                                    SB 1992
       
       
       
       By Senator Wise
       
       
       
       
       5-01490-09                                            20091992__
    1                        A bill to be entitled                      
    2         An act relating to driver responsibility; creating s.
    3         322.2701, F.S.; providing a short title; creating s.
    4         322.27021, F.S.; directing the Department of Highway
    5         Safety and Motor Vehicles to assess a specified annual
    6         surcharge against a person who accumulates points
    7         under specified provisions against his or her driver’s
    8         license within a certain timeframe; requiring the
    9         department to notify a licensee upon assignment of a
   10         certain number of points; providing applicability;
   11         creating s. 322.27022, F.S.; directing the department
   12         to assess specified annual surcharges against a person
   13         who has a final conviction within a certain timeframe
   14         for a DUI offense; providing applicability; creating
   15         s. 322.27023, F.S.; directing the department to assess
   16         specified annual surcharges against a person driving
   17         without a valid driver’s license or without financial
   18         responsibility; providing applicability; creating s.
   19         322.2704, F.S.; requiring the department to notify
   20         licensees of the surcharges, the time period in which
   21         to pay the surcharges, and consequences of
   22         noncompliance; requiring the department to suspend a
   23         driver’s license if the licensee does not pay the
   24         surcharge or arrange for installment payments within a
   25         specified time after the notice of surcharge is sent;
   26         specifying the period of suspension; creating s.
   27         322.2705, F.S.; directing the department to provide by
   28         rule for installment payments of the surcharges;
   29         authorizing the department to adopt rules to permit
   30         licensees to pay assessed surcharges with credit
   31         cards; providing for content of such rules; requiring
   32         the department to suspend a driver’s license if the
   33         credit card payment is subsequently reversed;
   34         specifying the period of suspension; creating s.
   35         322.2706, F.S.; directing the department to enter into
   36         a contract with a vendor for the collection of
   37         specified annual surcharges; creating s. 322.2707,
   38         F.S.; authorizing the department to adopt rules to
   39         offer certain incentives and to establish an amnesty
   40         program and an indigents program for the payment of
   41         surcharges; creating s. 322.2709, F.S.; providing for
   42         distribution of moneys derived from surcharges
   43         collected by the department; amending s. 318.121,
   44         F.S.; exempting specified provisions from a limitation
   45         on surcharges added to civil traffic penalties;
   46         providing an effective date.
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Section 322.2701, Florida Statutes, is created
   51  to read:
   52         322.2701 Short title.—Sections 322.2701-322.2709 may be
   53  cited as “Florida’s Driver Responsibility Law.”
   54         Section 2. Section 322.27021, Florida Statutes, is created
   55  to read:
   56         322.27021 Surcharge for points.—
   57         (1) Each year, the department shall assess a surcharge on
   58  each person who has accumulated 7 or more points under s. 322.27
   59  against his or her driver’s license during the preceding 36
   60  month period.
   61         (2) The amount of the surcharge under this section is $120
   62  for the first 7 points and $25 for each additional point.
   63         (3) The department shall notify the holder of a driver’s
   64  license of the assignment of a 4th point on that license by
   65  first-class mail sent to the person’s most recent address as
   66  shown on the records of the department.
   67         (4) This section does not apply to a conviction that
   68  becomes final before July 1, 2009.
   69         Section 3. Section 322.27022, Florida Statutes, is created
   70  to read:
   71         322.27022 Surcharge for conviction of driving under the
   72  influence.—
   73         (1) Each year, the department shall assess a surcharge on
   74  each person who has a final conviction during the preceding 36
   75  month period for a violation of s. 316.193.
   76         (2) The amount of the surcharge under this section is:
   77         (a) Five hundred dollars per year for a first conviction.
   78         (b) Seven hundred fifty dollars per year for a second or
   79  subsequent conviction within a 36-month period.
   80         (c) One thousand dollars per year for a first or subsequent
   81  conviction if the blood-alcohol level of the person was 0.20 or
   82  higher at the time the analysis was performed.
   83         (3) A surcharge under this section may not be assessed for
   84  the same conviction for a period longer than 36 months.
   85         (4) This section does not apply to a conviction that
   86  becomes final before July 1, 2009.
   87         Section 4. Section 322.27023, Florida Statutes, is created
   88  to read:
   89         322.27023 Surcharge for conviction of driving without a
   90  valid license or without financial responsibility.—
   91         (1) Each year, the department shall assess a surcharge on
   92  each person who has a final conviction during the preceding 36
   93  month period for a violation of s. 322.03, s. 322.065, s.
   94  324.021, or s. 627.733.
   95         (2) The amount of a surcharge under this section is $120
   96  per year.
   97         (3) This section does not apply to a conviction that
   98  becomes final before July 1, 2009.
   99         Section 5. Section 322.2704, Florida Statutes, is created
  100  to read:
  101         322.2704 Notice of surcharge.—
  102         (1) The department shall notify the holder of a driver’s
  103  license of the assessment of a surcharge under ss. 322.2701
  104  322.2709, Florida’s Driver Responsibility Law, by first-class
  105  mail sent to the person’s most recent address as shown on the
  106  records of the department. The notice must specify the date by
  107  which the surcharge must be paid and state the consequences of
  108  failure to pay the surcharge.
  109         (2) If the person fails to pay the full amount of the
  110  surcharge or fails to enter into an installment payment
  111  agreement with the department within 30 days after the date the
  112  notification was sent, the person’s license shall be
  113  automatically suspended.
  114         (3) A license suspended under this section shall remain
  115  suspended until the person pays the full amount of the surcharge
  116  or the installment payment under s. 322.2705 and any related
  117  costs.
  118         Section 6. Section 322.2705, Florida Statutes, is created
  119  to read:
  120         322.2705 Payment of surcharges.—
  121         (1) The department shall by rule provide for the payment of
  122  a surcharge under ss. 322.2701-322.2709, Florida’s Driver
  123  Responsibility Law, in installments.
  124         (2) A rule under this section:
  125         (a) May not permit a person to pay a surcharge:
  126         1. Of less than $2,300 over a period of more than 12
  127  consecutive months; or
  128         2. Of $2,300 or more over a period of more than 24
  129  consecutive months.
  130         (b) May provide that the department may declare the amount
  131  of the unpaid surcharge immediately due and payable if the
  132  person fails to make a required installment payment.
  133         (3) The department may by rule authorize the payment of a
  134  surcharge by use of a credit card. The rules shall require the
  135  person to pay all costs incurred by the department in connection
  136  with the acceptance of the credit card.
  137         (4) If a person pays a surcharge or related cost by credit
  138  card and the amount is subsequently reversed by the issuer of
  139  the credit card, the person’s license shall be automatically
  140  suspended.
  141         (5) A license suspended under this section remains
  142  suspended until the person pays the full amount of the surcharge
  143  or all past-due installments and any related costs.
  144         Section 7. Section 322.2706, Florida Statutes, is created
  145  to read:
  146         322.2706 Contracts for collection of surcharges.—The
  147  department shall enter into a contract with a vendor for the
  148  collection of surcharges receivable under ss. 322.2701-322.2709,
  149  Florida’s Driver Responsibility Law.
  150         Section 8. Section 322.2707, Florida Statutes is created to
  151  read:
  152         322.2707 Amnesty and incentives.—
  153         (1) The department may by rule establish a periodic amnesty
  154  program for holders of a driver’s license on which a surcharge
  155  has been assessed under ss. 322.2701-322.2709, Florida’s Driver
  156  Responsibility Law, for certain offenses, as determined by the
  157  department.
  158         (2) The department may by rule offer a holder of a driver’s
  159  license on which a surcharge has been assessed under ss.
  160  322.2701-322.2709, Florida’s Driver Responsibility Law, an
  161  incentive for compliance with the law and efforts at
  162  rehabilitation, including a reduction of a surcharge or a
  163  decrease in the length of an installment plan.
  164         (3) The department may by rule establish an indigents
  165  program for holders of a driver’s license on which a surcharge
  166  has been assessed under ss. 322.2701-322.2709, Florida’s Driver
  167  Responsibility Law, for certain offenses, as determined by the
  168  department.
  169         Section 9. Section 322.2709, Florida Statutes, is created
  170  to read:
  171         322.2709 Remittance of surcharges collected.—Moneys derived
  172  from a surcharge collected by the department under ss. 322.2701
  173  322.2709, Florida’s Driver Responsibility Law, shall be
  174  distributed as follows:
  175         (1) Up to 1 percent shall be used to provide public service
  176  announcements to notify the public of the provisions of
  177  Florida’s Driver Responsibility Law.
  178         (2) Of the remaining moneys:
  179         (a) Fifty percent shall be remitted to the Department of
  180  Revenue to be deposited into the Department of Highway Safety
  181  and Motor Vehicles Law Enforcement Trust Fund to recruit and
  182  retain officers of the Florida Highway Patrol, which includes
  183  all career service levels of rank.
  184         (b) Fifty percent shall be remitted to the Department of
  185  Revenue to be deposited into the Department of Health
  186  Administrative Trust Fund to provide financial support to
  187  certified trauma centers to ensure the availability and
  188  accessibility of trauma services throughout the state.
  189         Section 10. Section 318.121, Florida Statutes, is amended
  190  to read:
  191         318.121 Preemption of additional fees, fines, surcharges,
  192  and costs.—Notwithstanding any general or special law, or
  193  municipal or county ordinance, additional fees, fines,
  194  surcharges, or costs other than the court costs and surcharges
  195  assessed under s. 318.18(11), (13), and (18) or under ss.
  196  322.2701-322.2709 may not be added to the civil traffic
  197  penalties assessed in this chapter.
  198         Section 11. This act shall take effect July 1, 2009.