| 1 | A bill to be entitled |
| 2 | An act relating to driver's license fees; amending s. |
| 3 | 318.15, F.S.; increasing a service charge paid for |
| 4 | reinstatement of a suspended driver's license and |
| 5 | privilege to drive; amending s. 318.18, F.S.; increasing a |
| 6 | civil penalty for late payment of civil traffic penalties; |
| 7 | amending s. 322.21, F.S.; increasing the service fees for |
| 8 | reinstating a suspended or revoked driver's license or a |
| 9 | commercial motor vehicle license following |
| 10 | disqualification of the privilege to operate a commercial |
| 11 | motor vehicle; amending s. 322.29, F.S.; increasing the |
| 12 | service charge for reinstatement of a driver's license and |
| 13 | privilege to drive suspended under specified provisions; |
| 14 | revising provisions for distribution and use of funds |
| 15 | received; requiring that a certain amount of the funds be |
| 16 | used to recruit and retain officers of the Florida Highway |
| 17 | Patrol; providing an effective date. |
| 18 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 21 | Section 1. Section 318.15, Florida Statutes, is amended to |
| 22 | read: |
| 23 | 318.15 Failure to comply with civil penalty or to appear; |
| 24 | penalty.-- |
| 25 | (1)(a) If a person fails to comply with the civil |
| 26 | penalties provided in s. 318.18 within the time period specified |
| 27 | in s. 318.14(4), fails to attend driver improvement school, or |
| 28 | fails to appear at a scheduled hearing, the clerk of the court |
| 29 | shall notify the Division of Driver Licenses of the Department |
| 30 | of Highway Safety and Motor Vehicles of such failure within 10 |
| 31 | days after such failure. Upon receipt of such notice, the |
| 32 | department shall immediately issue an order suspending the |
| 33 | driver's license and privilege to drive of such person effective |
| 34 | 20 days after the date the order of suspension is mailed in |
| 35 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
| 36 | of the driving privilege which has not been reinstated, |
| 37 | including a similar suspension imposed outside Florida, shall |
| 38 | remain on the records of the department for a period of 7 years |
| 39 | from the date imposed and shall be removed from the records |
| 40 | after the expiration of 7 years from the date it is imposed. |
| 41 | (b) However, a person who elects to attend driver |
| 42 | improvement school and has paid the civil penalty as provided in |
| 43 | s. 318.14(9), but who subsequently fails to attend the driver |
| 44 | improvement school within the time specified by the court shall |
| 45 | be deemed to have admitted the infraction and shall be |
| 46 | adjudicated guilty. In such case the person must pay the clerk |
| 47 | of the court the 18 percent deducted pursuant to s. 318.14(9), |
| 48 | and a processing fee of up to $18, after which no additional |
| 49 | penalties, court costs, or surcharges shall be imposed for the |
| 50 | violation. The clerk of the court shall notify the department of |
| 51 | the person's failure to attend driver improvement school and |
| 52 | points shall be assessed pursuant to s. 322.27. |
| 53 | (2) After suspension of the driver's license and privilege |
| 54 | to drive of a person under subsection (1), the license and |
| 55 | privilege may not be reinstated until the person complies with |
| 56 | all obligations and penalties imposed on him or her under s. |
| 57 | 318.18 and presents to a driver license office a certificate of |
| 58 | compliance issued by the court, together with a nonrefundable |
| 59 | service charge of up to $60 $47.50 imposed under s. 322.29, or |
| 60 | presents a certificate of compliance and pays a the |
| 61 | aforementioned service charge of up to $60 $47.50 to the clerk |
| 62 | of the court or a driver licensing agent authorized in s. |
| 63 | 322.135 clearing such suspension. Of the charge collected by the |
| 64 | clerk of the court or driver licensing agent, $10 shall be |
| 65 | remitted to the Department of Revenue to be deposited into the |
| 66 | Highway Safety Operating Trust Fund and $12.50 shall be remitted |
| 67 | to the Department of Revenue to be deposited into the Department |
| 68 | of Highway Safety and Motor Vehicles Law Enforcement Trust Fund |
| 69 | and used to recruit and retain officers of the Florida Highway |
| 70 | Patrol, which includes all career service levels of rank. Such |
| 71 | person must shall also be in compliance with requirements of |
| 72 | chapter 322 prior to reinstatement. |
| 73 | Section 2. Paragraph (a) of subsection (8) of section |
| 74 | 318.18, Florida Statutes, is amended to read: |
| 75 | 318.18 Amount of penalties.--The penalties required for a |
| 76 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 77 | offense listed in s. 318.17 are as follows: |
| 78 | (8)(a) Any person who fails to comply with the court's |
| 79 | requirements or who fails to pay the civil penalties specified |
| 80 | in this section within the 30-day period provided for in s. |
| 81 | 318.14 must pay an additional civil penalty of $20 $12, $2.50 of |
| 82 | which must be remitted to the Department of Revenue for deposit |
| 83 | in the General Revenue Fund, and $9.50 of which must be remitted |
| 84 | to the Department of Revenue for deposit in the Highway Safety |
| 85 | Operating Trust Fund, and $8 of which must be remitted to the |
| 86 | Department of Revenue for deposit in the Department of Highway |
| 87 | Safety and Motor Vehicles Law Enforcement Trust Fund. The |
| 88 | portion of each additional fee imposed by this paragraph |
| 89 | remitted to the Department of Highway Safety and Motor Vehicles |
| 90 | Law Enforcement Trust Fund shall be used to recruit and retain |
| 91 | officers of the Florida Highway Patrol, which includes all |
| 92 | career service levels of rank. The department shall contract |
| 93 | with the Florida Association of Court Clerks, Inc., to design, |
| 94 | establish, operate, upgrade, and maintain an automated statewide |
| 95 | Uniform Traffic Citation Accounting System to be operated by the |
| 96 | clerks of the court which shall include, but not be limited to, |
| 97 | the accounting for traffic infractions by type, a record of the |
| 98 | disposition of the citations, and an accounting system for the |
| 99 | fines assessed and the subsequent fine amounts paid to the |
| 100 | clerks of the court. On or before December 1, 2001, the clerks |
| 101 | of the court must provide the information required by this |
| 102 | chapter to be transmitted to the department by electronic |
| 103 | transmission pursuant to the contract. |
| 104 | Section 3. Subsection (8) of section 322.21, Florida |
| 105 | Statutes, is amended to read: |
| 106 | 322.21 License fees; procedure for handling and collecting |
| 107 | fees.-- |
| 108 | (8) Any person who applies for reinstatement following the |
| 109 | suspension or revocation of the person's driver's license shall |
| 110 | pay a service fee of $45 $35 following a suspension, and $75 $60 |
| 111 | following a revocation, which is in addition to the fee for a |
| 112 | license. Any person who applies for reinstatement of a |
| 113 | commercial driver's license following the disqualification of |
| 114 | the person's privilege to operate a commercial motor vehicle |
| 115 | shall pay a service fee of $75 $60, which is in addition to the |
| 116 | fee for a license. The department shall collect all of these |
| 117 | fees at the time of reinstatement. The department shall issue |
| 118 | proper receipts for such fees and shall promptly transmit all |
| 119 | funds received by it as follows: |
| 120 | (a) Of the $45 $35 fee received from a licensee for |
| 121 | reinstatement following a suspension, the department shall |
| 122 | deposit $15 in the General Revenue Fund, and $20 in the Highway |
| 123 | Safety Operating Trust Fund, and $10 in the Department of |
| 124 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund. |
| 125 | (b) Of the $75 $60 fee received from a licensee for |
| 126 | reinstatement following a revocation or disqualification, the |
| 127 | department shall deposit $35 in the General Revenue Fund, and |
| 128 | $25 in the Highway Safety Operating Trust Fund, and $15 in the |
| 129 | Department of Highway Safety and Motor Vehicles Law Enforcement |
| 130 | Trust Fund. |
| 131 | (c) The driver's license reinstatement fee that is |
| 132 | deposited into the Department of Highway Safety and Motor |
| 133 | Vehicles Law Enforcement Trust Fund shall be used to recruit and |
| 134 | retain officers of the Florida Highway Patrol, which includes |
| 135 | all career service levels of rank. |
| 136 |
|
| 137 | If the revocation or suspension of the driver's license was for |
| 138 | a violation of s. 316.193, or for refusal to submit to a lawful |
| 139 | breath, blood, or urine test, an additional fee of $130 $115 |
| 140 | must be charged. However, only one $130 $115 fee may be |
| 141 | collected from one person convicted of violations arising out of |
| 142 | the same incident. The department shall collect the $130 $115 |
| 143 | fee and deposit $115 of the fee into the Highway Safety |
| 144 | Operating Trust Fund and $15 of the fee into the Department of |
| 145 | Highway Safety and Motor Vehicles Law Enforcement Trust Fund at |
| 146 | the time of reinstatement of the person's driver's license, but |
| 147 | the fee may not be collected if the suspension or revocation is |
| 148 | overturned. If the revocation or suspension of the driver's |
| 149 | license was for a conviction for a violation of s. 817.234(8) or |
| 150 | (9) or s. 817.505, an additional fee of $180 is imposed for each |
| 151 | offense. The department shall collect and deposit the additional |
| 152 | fee into the Highway Safety Operating Trust Fund at the time of |
| 153 | reinstatement of the person's driver's license. The portion of |
| 154 | each additional fee imposed by this subsection remitted to the |
| 155 | Department of Highway Safety and Motor Vehicles Law Enforcement |
| 156 | Trust Fund shall be used to recruit and retain officers of the |
| 157 | Florida Highway Patrol, which includes all career service levels |
| 158 | of rank. |
| 159 | Section 4. Subsection (2) of section 322.29, Florida |
| 160 | Statutes, is amended to read: |
| 161 | 322.29 Surrender and return of license.-- |
| 162 | (2) The provisions of subsection (1) to the contrary |
| 163 | notwithstanding, no examination is required for the return of a |
| 164 | license suspended under s. 318.15 or s. 322.245 unless an |
| 165 | examination is otherwise required by this chapter. Every person |
| 166 | applying for the return of a license suspended under s. 318.15 |
| 167 | or s. 322.245 shall present to the department certification from |
| 168 | the court that he or she has complied with all obligations and |
| 169 | penalties imposed on him or her pursuant to s. 318.15 or, in the |
| 170 | case of a suspension pursuant to s. 322.245, that he or she has |
| 171 | complied with all directives of the court and the requirements |
| 172 | of s. 322.245 and shall pay to the department a nonrefundable |
| 173 | service fee of $60 $47.50, of which $37.50 shall be deposited |
| 174 | into the General Revenue Fund, and $10 shall be deposited into |
| 175 | the Highway Safety Operating Trust Fund, and $12.50 shall be |
| 176 | deposited into the Department of Highway Safety and Motor |
| 177 | Vehicles Law Enforcement Trust Fund. If reinstated by the clerk |
| 178 | of the court or tax collector, $37.50 shall be retained, and $10 |
| 179 | shall be remitted to the Department of Revenue for deposit into |
| 180 | the Highway Safety Operating Trust Fund, and $12.50 shall be |
| 181 | remitted to the Department of Revenue for deposit into the |
| 182 | Department of Highway Safety and Motor Vehicles Law Enforcement |
| 183 | Trust Fund. However, the service fee is not required if the |
| 184 | person is required to pay a $45 $35 fee or a $75 $60 fee under |
| 185 | the provisions of s. 322.21. The portion of each fee imposed by |
| 186 | this subsection remitted to the Department of Highway Safety and |
| 187 | Motor Vehicles Law Enforcement Trust Fund shall be used to |
| 188 | recruit and retain officers of the Florida Highway Patrol, which |
| 189 | includes all career service levels of rank. |
| 190 | Section 5. This act shall take effect July 1, 2009. |