October 14, 2019
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       Florida Senate - 2010                                    SB 2554
       
       
       
       By Senator Altman
       
       
       
       
       24-01525A-10                                          20102554__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.192, F.S.;
    4         providing for an additional fine to be imposed for the
    5         offense of reckless driving; providing for the
    6         distribution of the fines collected; amending s.
    7         316.193, F.S.; providing for an additional fine to be
    8         assessed against a driver who refuses to submit to a
    9         blood-alcohol level test when asked to do so by a law
   10         enforcement officer; providing for the distribution of
   11         the fines collected; amending s. 320.072, F.S.;
   12         decreasing a fee imposed on the initial registration
   13         application for certain vehicles; revising disposition
   14         of the proceeds from the fees; amending s. 320.08,
   15         F.S.; decreasing the annual license taxes for the
   16         operation of certain vehicles; revising the
   17         disposition of those taxes; amending s. 322.21, F.S.;
   18         decreasing and revising the disposition of certain
   19         driver’s license fees; removing fees for persons
   20         requesting a review or a hearing; decreasing certain
   21         application fees for reinstatement of a suspended or
   22         revoked driver’s license or reinstatement of a
   23         commercial driver’s license following disqualification
   24         of the person’s privilege to operate a commercial
   25         motor vehicle; creating s. 322.2701, F.S.; creating
   26         the “Florida’s Driver’s Responsibility Act”; creating
   27         s. 322.27021, F.S.; requiring the Department of
   28         Highway Safety and Motor Vehicles to assess annually a
   29         surcharge on each person who has accumulated 7 or more
   30         points against his or her driver’s license during the
   31         preceding 36-month period; specifying the surcharge
   32         for the accumulated points; requiring the department
   33         to notify the holder of a driver’s license that a 4th
   34         point has been assessed against his or her license;
   35         creating s. 322.27022, F.S.; requiring the department
   36         to assess a surcharge against a person who has been
   37         convicted of driving under the influence; specifying
   38         the amount of the surcharge to be applied to the
   39         number of convictions during a specified period;
   40         creating s. 322.27023, F.S.; requiring the department
   41         to assess a surcharge against a person who has been
   42         convicted of driving without a valid license or
   43         without financial responsibility; specifying the
   44         amount of the surcharge to be applied to the number of
   45         convictions during a specified period; creating s.
   46         322.2704, F.S.; requiring the department to notify
   47         each person holding a driver’s license of any
   48         surcharge assessed against the person’s license;
   49         requiring that notice be sent by first-class mail to
   50         the person’s most recent address as shown on the
   51         records of the department; requiring the notice to
   52         specify the date by which the surcharge must be paid
   53         and to state the consequences of failing to pay the
   54         surcharge; providing that a person’s drivers license
   55         will automatically be suspended if the person fails to
   56         pay the full amount of the surcharge or fails to enter
   57         into an installment payment agreement with the
   58         department; providing that a driver’s license once
   59         suspended remains suspended until the person pays the
   60         full amount of the surcharge or the required
   61         installment payment and any related costs; creating s.
   62         322.2705, F.S.; requiring the department to adopt a
   63         rule governing methods of payment of the surcharge;
   64         authorizing the department to adopt a rule permitting
   65         a driver to pay the surcharge by using a credit card;
   66         creating s. 322.2706, F.S.; requiring the department
   67         to contract with a private vendor to collect the
   68         surcharge receivables; creating s. 322.2707, F.S.;
   69         requiring the department to establish a surcharge
   70         reduction program to extend the payment period for a
   71         surcharge or to waive or reduce a surcharge assessed;
   72         creating s. 322.2709, F.S.; providing for the
   73         distribution of surcharges collected by the
   74         department; amending s. 318.121, F.S.; providing that
   75         surcharges collected may be added to civil traffic
   76         penalties; providing an effective date.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Present subsection (5) of section 316.192,
   81  Florida Statutes, is redesignated as subsection (6), and a new
   82  subsection (5) is added to that section, to read:
   83         316.192 Reckless driving.—
   84         (5)Notwithstanding any other provision of this section, an
   85  additional charge in the amount of $300 shall be added to any
   86  fine imposed pursuant to this section. One hundred fifty dollars
   87  from each such charge shall be remitted to the Department of
   88  Revenue for deposit into the Emergency Medical Services Trust
   89  Fund and $150 shall be remitted to the Department of Revenue for
   90  deposit into the Education Enhancement Trust Fund.
   91         Section 2. Paragraph (b) of subsection (2) of section
   92  316.193, Florida Statutes, is amended to read:
   93         316.193 Driving under the influence; penalties.—
   94         (2)
   95         (b)1. Any person who is convicted of a third violation of
   96  this section for an offense that occurs within 10 years after a
   97  prior conviction for a violation of this section commits a
   98  felony of the third degree, punishable as provided in s.
   99  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  100  order the mandatory placement for a period of not less than 2
  101  years, at the convicted person’s sole expense, of an ignition
  102  interlock device approved by the department in accordance with
  103  s. 316.1938 upon all vehicles that are individually or jointly
  104  leased or owned and routinely operated by the convicted person,
  105  when the convicted person qualifies for a permanent or
  106  restricted license. The installation of such device may not
  107  occur before July 1, 2003.
  108         2. Any person who is convicted of a third violation of this
  109  section for an offense that occurs more than 10 years after the
  110  date of a prior conviction for a violation of this section shall
  111  be punished by a fine of not less than $2,000 or more than
  112  $5,000 and by imprisonment for not more than 12 months. In
  113  addition, the court shall order the mandatory placement for a
  114  period of at least 2 years, at the convicted person’s sole
  115  expense, of an ignition interlock device approved by the
  116  department in accordance with s. 316.1938 upon all vehicles that
  117  are individually or jointly leased or owned and routinely
  118  operated by the convicted person, when the convicted person
  119  qualifies for a permanent or restricted license. The
  120  installation of such device may not occur before July 1, 2003.
  121         3. Any person who is convicted of a fourth or subsequent
  122  violation of this section, regardless of when any prior
  123  conviction for a violation of this section occurred, commits a
  124  felony of the third degree, punishable as provided in s.
  125  775.082, s. 775.083, or s. 775.084. However, the fine imposed
  126  for such fourth or subsequent violation may be not less than
  127  $2,000.
  128         4.Notwithstanding any other provision of this section, a
  129  fine in the amount of $300 shall be assessed against each driver
  130  who refuses to submit to a blood-alcohol level test when asked
  131  to do so by a law enforcement officer. One hundred fifty dollars
  132  from each such fine shall be remitted to the Department of
  133  Revenue for deposit into the Emergency Medical Services Trust
  134  Fund and $150 shall be remitted to the Department of Revenue for
  135  deposit into the Education Enhancement Trust Fund.
  136         Section 3. Subsections (1) and (4) of section 320.072,
  137  Florida Statutes, are amended to read:
  138         320.072 Additional fee imposed on certain motor vehicle
  139  registration transactions.—
  140         (1) A fee of $100 $225 is imposed upon the initial
  141  application for registration pursuant to s. 320.06 of every
  142  motor vehicle classified in s. 320.08(2), (3), and (9)(c) and
  143  (d).
  144         (4) A tax collector or other authorized agent of the
  145  department shall promptly remit 44.5 percent of all moneys
  146  collected pursuant to this section, less any refunds granted
  147  pursuant to subsection (3), to the department to be deposited
  148  into the State Transportation Trust Fund. The remaining 55.5
  149  percent shall be deposited into the General Revenue Fund.
  150         Section 4. Paragraphs (a), (b), and (d) of subsection (1),
  151  subsections (2) through (9), and subsections (12) through (15)
  152  of section 320.08, Florida Statutes, are amended to read:
  153         320.08 License taxes.—Except as otherwise provided herein,
  154  there are hereby levied and imposed annual license taxes for the
  155  operation of motor vehicles, mopeds, motorized bicycles as
  156  defined in s. 316.003(2), and mobile homes, as defined in s.
  157  320.01, which shall be paid to and collected by the department
  158  or its agent upon the registration or renewal of registration of
  159  the following:
  160         (1) MOTORCYCLES AND MOPEDS.—
  161         (a) Any motorcycle: $10 $13.50 flat, of which $3.50 shall
  162  be deposited into the General Revenue Fund.
  163         (b) Any moped: $5 $6.75 flat, of which $1.75 shall be
  164  deposited into the General Revenue Fund.
  165         (d) An ancient or antique motorcycle: $10 $13.50 flat, of
  166  which $3.50 shall be deposited into the General Revenue Fund.
  167         (2) AUTOMOBILES FOR PRIVATE USE.—
  168         (a) An ancient or antique automobile, as defined in s.
  169  320.086, or a street rod, as defined in s. 320.0863: $7.50
  170  $10.25 flat, of which $2.75 shall be deposited into the General
  171  Revenue Fund.
  172         (b) Net weight of less than 2,500 pounds: $14.50 $19.50
  173  flat, of which $5 shall be deposited into the General Revenue
  174  Fund.
  175         (c) Net weight of 2,500 pounds or more, but less than 3,500
  176  pounds: $22.50 $30.50 flat, of which $8 shall be deposited into
  177  the General Revenue Fund.
  178         (d) Net weight of 3,500 pounds or more: $32.50 $44 flat, of
  179  which $11.50 shall be deposited into the General Revenue Fund.
  180         (3) TRUCKS.—
  181         (a) Net weight of less than 2,000 pounds: $14.50 $19.50
  182  flat, of which $5 shall be deposited into the General Revenue
  183  Fund.
  184         (b) Net weight of 2,000 pounds or more, but not more than
  185  3,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
  186  into the General Revenue Fund.
  187         (c) Net weight more than 3,000 pounds, but not more than
  188  5,000 pounds: $32.50 $44 flat, of which $11.50 shall be
  189  deposited into the General Revenue Fund.
  190         (d) A truck defined as a “goat,” or any other vehicle if
  191  used in the field by a farmer or in the woods for the purpose of
  192  harvesting a crop, including naval stores, during such
  193  harvesting operations, and which is not principally operated
  194  upon the roads of the state: $7.50 $10.25 flat, of which $2.75
  195  shall be deposited into the General Revenue Fund. A “goat” is a
  196  motor vehicle designed, constructed, and used principally for
  197  the transportation of citrus fruit within citrus groves or for
  198  the transportation of crops on farms, and which can also be used
  199  for the hauling of associated equipment or supplies, including
  200  required sanitary equipment, and the towing of farm trailers.
  201         (e) An ancient or antique truck, as defined in s. 320.086:
  202  $7.50 $10.25 flat, of which $2.75 shall be deposited into the
  203  General Revenue Fund.
  204         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  205  VEHICLE WEIGHT.—
  206         (a) Gross vehicle weight of 5,001 pounds or more, but less
  207  than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
  208  deposited into the General Revenue Fund.
  209         (b) Gross vehicle weight of 6,000 pounds or more, but less
  210  than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
  211  deposited into the General Revenue Fund.
  212         (c) Gross vehicle weight of 8,000 pounds or more, but less
  213  than 10,000 pounds: $76 $103 flat, of which $27 shall be
  214  deposited into the General Revenue Fund.
  215         (d) Gross vehicle weight of 10,000 pounds or more, but less
  216  than 15,000 pounds: $87 $118 flat, of which $31 shall be
  217  deposited into the General Revenue Fund.
  218         (e) Gross vehicle weight of 15,000 pounds or more, but less
  219  than 20,000 pounds: $131 $177 flat, of which $46 shall be
  220  deposited into the General Revenue Fund.
  221         (f) Gross vehicle weight of 20,000 pounds or more, but less
  222  than 26,001 pounds: $186 $251 flat, of which $65 shall be
  223  deposited into the General Revenue Fund.
  224         (g) Gross vehicle weight of 26,001 pounds or more, but less
  225  than 35,000: $240 $324 flat, of which $84 shall be deposited
  226  into the General Revenue Fund.
  227         (h) Gross vehicle weight of 35,000 pounds or more, but less
  228  than 44,000 pounds: $300 $405 flat, of which $105 shall be
  229  deposited into the General Revenue Fund.
  230         (i) Gross vehicle weight of 44,000 pounds or more, but less
  231  than 55,000 pounds: $572 $773 flat, of which $201 shall be
  232  deposited into the General Revenue Fund.
  233         (j) Gross vehicle weight of 55,000 pounds or more, but less
  234  than 62,000 pounds: $678 $916 flat, of which $238 shall be
  235  deposited into the General Revenue Fund.
  236         (k) Gross vehicle weight of 62,000 pounds or more, but less
  237  than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
  238  deposited into the General Revenue Fund.
  239         (l) Gross vehicle weight of 72,000 pounds or more: $979
  240  $1,322 flat, of which $343 shall be deposited into the General
  241  Revenue Fund.
  242         (m) Notwithstanding the declared gross vehicle weight, a
  243  truck tractor used within a 150-mile radius of its home address
  244  is eligible for a license plate for a fee of $240 $324 flat if:
  245         1. The truck tractor is used exclusively for hauling
  246  forestry products; or
  247         2. The truck tractor is used primarily for the hauling of
  248  forestry products, and is also used for the hauling of
  249  associated forestry harvesting equipment used by the owner of
  250  the truck tractor.
  251  
  252  Of the fee imposed by this paragraph, $84 shall be deposited
  253  into the General Revenue Fund.
  254         (n)1. A truck tractor or heavy truck, not operated as a
  255  for-hire vehicle, which is engaged exclusively in transporting
  256  raw, unprocessed, and nonmanufactured agricultural or
  257  horticultural products within a 150-mile radius of its home
  258  address, is eligible for a restricted license plate for a fee as
  259  follows of:
  260         a.1. If such vehicle’s declared gross vehicle weight is
  261  less than 44,000 pounds, $65 $87.75 flat, of which $22.75 shall
  262  be deposited into the General Revenue Fund.
  263         b.2. If such vehicle’s declared gross vehicle weight is
  264  44,000 pounds or more and such vehicle only transports from the
  265  point of production to the point of primary manufacture; to the
  266  point of assembling the same; or to a shipping point of a rail,
  267  water, or motor transportation company, $240 $324 flat, of which
  268  $84 shall be deposited into the General Revenue Fund.
  269         2. Such not-for-hire truck tractors and heavy trucks used
  270  exclusively in transporting raw, unprocessed, and
  271  nonmanufactured agricultural or horticultural products may be
  272  incidentally used to haul farm implements and fertilizers
  273  delivered direct to the growers. The department may require any
  274  documentation deemed necessary to determine eligibility prior to
  275  issuance of this license plate. For the purpose of this
  276  paragraph, “not-for-hire” means the owner of the motor vehicle
  277  must also be the owner of the raw, unprocessed, and
  278  nonmanufactured agricultural or horticultural product, or the
  279  user of the farm implements and fertilizer being delivered.
  280         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  281  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  282         (a)1. A semitrailer drawn by a GVW truck tractor by means
  283  of a fifth-wheel arrangement: $10 $13.50 flat per registration
  284  year or any part thereof, of which $3.50 shall be deposited into
  285  the General Revenue Fund.
  286         2. A semitrailer drawn by a GVW truck tractor by means of a
  287  fifth-wheel arrangement: $50 $68 flat per permanent
  288  registration, of which $18 shall be deposited into the General
  289  Revenue Fund.
  290         (b) A motor vehicle equipped with machinery and designed
  291  for the exclusive purpose of well drilling, excavation,
  292  construction, spraying, or similar activity, and which is not
  293  designed or used to transport loads other than the machinery
  294  described above over public roads: $32.50 $44 flat, of which
  295  $11.50 shall be deposited into the General Revenue Fund.
  296         (c) A school bus used exclusively to transport pupils to
  297  and from school or school or church activities or functions
  298  within their own county: $30 $41 flat, of which $11 shall be
  299  deposited into the General Revenue Fund.
  300         (d) A wrecker, as defined in s. 320.01(40), which is used
  301  to tow a vessel as defined in s. 327.02(39), a disabled,
  302  abandoned, stolen-recovered, or impounded motor vehicle as
  303  defined in s. 320.01(38), or a replacement motor vehicle as
  304  defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
  305  deposited into the General Revenue Fund.
  306         (e) A wrecker that is used to tow any motor vehicle,
  307  regardless of whether such motor vehicle is a disabled motor
  308  vehicle, a replacement motor vehicle, a vessel, or any other
  309  cargo, as follows:
  310         1. Gross vehicle weight of 10,000 pounds or more, but less
  311  than 15,000 pounds: $87 $118 flat, of which $31 shall be
  312  deposited into the General Revenue Fund.
  313         2. Gross vehicle weight of 15,000 pounds or more, but less
  314  than 20,000 pounds: $131 $177 flat, of which $46 shall be
  315  deposited into the General Revenue Fund.
  316         3. Gross vehicle weight of 20,000 pounds or more, but less
  317  than 26,000 pounds: $186 $251 flat, of which $65 shall be
  318  deposited into the General Revenue Fund.
  319         4. Gross vehicle weight of 26,000 pounds or more, but less
  320  than 35,000 pounds: $240 $324 flat, of which $84 shall be
  321  deposited into the General Revenue Fund.
  322         5. Gross vehicle weight of 35,000 pounds or more, but less
  323  than 44,000 pounds: $300 $405 flat, of which $105 shall be
  324  deposited into the General Revenue Fund.
  325         6. Gross vehicle weight of 44,000 pounds or more, but less
  326  than 55,000 pounds: $572 $772 flat, of which $200 shall be
  327  deposited into the General Revenue Fund.
  328         7. Gross vehicle weight of 55,000 pounds or more, but less
  329  than 62,000 pounds: $678 $915 flat, of which $237 shall be
  330  deposited into the General Revenue Fund.
  331         8. Gross vehicle weight of 62,000 pounds or more, but less
  332  than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
  333  deposited into the General Revenue Fund.
  334         9. Gross vehicle weight of 72,000 pounds or more: $979
  335  $1,322 flat, of which $343 shall be deposited into the General
  336  Revenue Fund.
  337         (f) A hearse or ambulance: $30 $40.50 flat, of which $10.50
  338  shall be deposited into the General Revenue Fund.
  339         (6) MOTOR VEHICLES FOR HIRE.—
  340         (a) Under nine passengers: $12.50 $17 flat, of which $4.50
  341  shall be deposited into the General Revenue Fund; plus $1 $1.50
  342  per cwt, of which 50 cents shall be deposited into the General
  343  Revenue Fund.
  344         (b) Nine passengers and over: $12.50 $17 flat, of which
  345  $4.50 shall be deposited into the General Revenue Fund; plus
  346  $1.50 $2 per cwt, of which 50 cents shall be deposited into the
  347  General Revenue Fund.
  348         (7) TRAILERS FOR PRIVATE USE.—
  349         (a) Any trailer weighing 500 pounds or less: $5 $6.75 flat
  350  per year or any part thereof, of which $1.75 shall be deposited
  351  into the General Revenue Fund.
  352         (b) Net weight over 500 pounds: $2.50 $3.50 flat, of which
  353  $1 shall be deposited into the General Revenue Fund; plus 75
  354  cents $1 per cwt, of which 25 cents shall be deposited into the
  355  General Revenue Fund.
  356         (8) TRAILERS FOR HIRE.—
  357         (a) Net weight under 2,000 pounds: $2.50 $3.50 flat, of
  358  which $1 shall be deposited into the General Revenue Fund; plus
  359  $1 $1.50 per cwt, of which 50 cents shall be deposited into the
  360  General Revenue Fund.
  361         (b) Net weight 2,000 pounds or more: $10 $13.50 flat, of
  362  which $3.50 shall be deposited into the General Revenue Fund;
  363  plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
  364  the General Revenue Fund.
  365         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  366         (a) A travel trailer or fifth-wheel trailer, as defined by
  367  s. 320.01(1)(b), that does not exceed 35 feet in length: $20 $27
  368  flat, of which $7 shall be deposited into the General Revenue
  369  Fund.
  370         (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
  371  $13.50 flat, of which $3.50 shall be deposited into the General
  372  Revenue Fund.
  373         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  374         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  375  which $7 shall be deposited into the General Revenue Fund.
  376         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  377  which $12.25 shall be deposited into the General Revenue Fund.
  378         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  379         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  380  which $7 shall be deposited into the General Revenue Fund.
  381         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  382  which $12.25 shall be deposited into the General Revenue Fund.
  383         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  384         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  385  which $7 shall be deposited into the General Revenue Fund.
  386         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  387  which $12.25 shall be deposited into the General Revenue Fund.
  388         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  389  motor vehicle dealer, independent motor vehicle dealer, marine
  390  boat trailer dealer, or mobile home dealer and manufacturer
  391  license plate: $12.50 $17 flat, of which $4.50 shall be
  392  deposited into the General Revenue Fund.
  393         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  394  official license plate: $3 $4 flat, of which $1 shall be
  395  deposited into the General Revenue Fund.
  396         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  397  vehicle for hire operated wholly within a city or within 25
  398  miles thereof: $12.50 $17 flat, of which $4.50 shall be
  399  deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
  400  of which 50 cents shall be deposited into the General Revenue
  401  Fund.
  402         (15) TRANSPORTER.—Any transporter license plate issued to a
  403  transporter pursuant to s. 320.133: $75 $101.25 flat, of which
  404  $26.25 shall be deposited into the General Revenue Fund.
  405         Section 5. Subsections (1), (8), and (9) of section 322.21,
  406  Florida Statutes, are amended to read:
  407         322.21 License fees; procedure for handling and collecting
  408  fees.—
  409         (1) Except as otherwise provided herein, the fee for:
  410         (a) An original or renewal commercial driver’s license is
  411  $67 $75, which shall include the fee for driver education
  412  provided by s. 1003.48. However, if an applicant has completed
  413  training and is applying for employment or is currently employed
  414  in a public or nonpublic school system that requires the
  415  commercial license, the fee is the same as for a Class E
  416  driver’s license. A delinquent fee of $1 $15 shall be added for
  417  a renewal within 12 months after the license expiration date.
  418         (b) An original Class E driver’s license is $27 $48, which
  419  includes the fee for driver’s education provided by s. 1003.48.
  420  However, if an applicant has completed training and is applying
  421  for employment or is currently employed in a public or nonpublic
  422  school system that requires a commercial driver license, the fee
  423  is the same as for a Class E license.
  424         (c) The renewal or extension of a Class E driver’s license
  425  or of a license restricted to motorcycle use only is $20 $48,
  426  except that a delinquent fee of $1 $15 shall be added for a
  427  renewal or extension made within 12 months after the license
  428  expiration date. The fee provided in this paragraph includes the
  429  fee for driver’s education provided by s. 1003.48.
  430         (d) An original driver’s license restricted to motorcycle
  431  use only is $27 $48, which includes the fee for driver’s
  432  education provided by s. 1003.48.
  433         (e) A replacement driver’s license issued pursuant to s.
  434  322.17 is $10 $25. Of this amount $7 shall be deposited into the
  435  Highway Safety Operating Trust Fund and $3 $18 shall be
  436  deposited into the General Revenue Fund.
  437         (f) An original, renewal, or replacement identification
  438  card issued pursuant to s. 322.051 is $10 $25. Funds collected
  439  from these fees shall be distributed as follows:
  440         1. For an original identification card issued pursuant to
  441  s. 322.051 the fee is $10 $25. This amount shall be deposited
  442  into the General Revenue Fund.
  443         2. For a renewal identification card issued pursuant to s.
  444  322.051 the fee is $10 $25. Of this amount, $6 shall be
  445  deposited into the Highway Safety Operating Trust Fund and $4
  446  $19 shall be deposited into the General Revenue Fund.
  447         3. For a replacement identification card issued pursuant to
  448  s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
  449  deposited into the Highway Safety Operating Trust Fund and $1
  450  $16 shall be deposited into the General Revenue Fund.
  451         (g) Each endorsement required by s. 322.57 is $7.
  452         (h) A hazardous-materials endorsement, as required by s.
  453  322.57(1)(d), shall be set by the department by rule and must
  454  reflect the cost of the required criminal history check,
  455  including the cost of the state and federal fingerprint check,
  456  and the cost to the department of providing and issuing the
  457  license. The fee shall not exceed $100. This fee shall be
  458  deposited in the Highway Safety Operating Trust Fund. The
  459  department may adopt rules to administer this section.
  460         (8)(a) Any person who applies for reinstatement following
  461  the suspension or revocation of the person’s driver’s license
  462  must pay a service fee of $35 $45 following a suspension, and
  463  $60 $75 following a revocation, which is in addition to the fee
  464  for a license. Any person who applies for reinstatement of a
  465  commercial driver’s license following the disqualification of
  466  the person’s privilege to operate a commercial motor vehicle
  467  shall pay a service fee of $60 $75, which is in addition to the
  468  fee for a license. The department shall collect all of these
  469  fees at the time of reinstatement. The department shall issue
  470  proper receipts for such fees and shall promptly transmit all
  471  funds received by it as follows:
  472         1.(a) Of the $35 $45 fee received from a licensee for
  473  reinstatement following a suspension, the department shall
  474  deposit $15 in the General Revenue Fund and $20 $30 in the
  475  Highway Safety Operating Trust Fund.
  476         2.(b) Of the $60 $75 fee received from a licensee for
  477  reinstatement following a revocation or disqualification, the
  478  department shall deposit $35 in the General Revenue Fund and $25
  479  $40 in the Highway Safety Operating Trust Fund.
  480         (9)An applicant:
  481         (a)Requesting a review authorized in s. 322.222, s.
  482  322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
  483  fee of $25 to be deposited into the Highway Safety Operating
  484  Trust Fund.
  485         (b)Petitioning the department for a hearing authorized in
  486  s. 322.271 must pay a filing fee of $12 to be deposited into the
  487  Highway Safety Operating Trust Fund.
  488         (b) If the revocation or suspension of the driver’s license
  489  was for a violation of s. 316.193, or for refusal to submit to a
  490  lawful breath, blood, or urine test, an additional fee of $115
  491  $130 must be charged. However, only one $115 $130 fee may be
  492  collected from one person convicted of violations arising out of
  493  the same incident. The department shall collect the $115 $130
  494  fee and deposit the fee into the Highway Safety Operating Trust
  495  Fund at the time of reinstatement of the person’s driver’s
  496  license, but the fee may not be collected if the suspension or
  497  revocation is overturned. If the revocation or suspension of the
  498  driver’s license was for a conviction for a violation of s.
  499  817.234(8) or (9) or s. 817.505, an additional fee of $180 is
  500  imposed for each offense. The department shall collect and
  501  deposit the additional fee into the Highway Safety Operating
  502  Trust Fund at the time of reinstatement of the person’s driver’s
  503  license.
  504         Section 6. Section 322.2701, Florida Statutes, is created
  505  to read:
  506         322.2701Short title.—Sections 322.2701-322.2709 may be
  507  cited as the “Driver’s Responsibility Act.”
  508         Section 7. Section 322.27021, Florida Statutes, is created
  509  to read:
  510         322.27021Surcharge for points.—
  511         (1)The department shall assess annually a surcharge on
  512  each person who has accumulated 7 or more points under s. 322.27
  513  against his or her driver’s license during the preceding 36
  514  month period.
  515         (2)The amount of the surcharge assessed under this section
  516  is $120 for the first 7 points and $25 for each additional
  517  point.
  518         (3)The department shall notify the holder of a driver’s
  519  license of the assignment of a 4th point on that person’s
  520  license. Notice shall be sent by first-class mail to the
  521  person’s most recent address as shown on the records of the
  522  department.
  523         (4)This section does not apply to a conviction that
  524  becomes final on or before July 1, 2010.
  525         Section 8. Section 322.27022, Florida Statutes, is created
  526  to read:
  527         322.27022Surcharge for conviction of driving under the
  528  influence.—
  529         (1)The department shall assess annually a surcharge on
  530  each person who has a final conviction during the preceding 36
  531  month period for a violation of s. 316.193.
  532         (2)The amount of the surcharge under this section is:
  533         (a)Five hundred dollars per year for a first conviction.
  534         (b)Seven hundred fifty dollars per year for a second or
  535  subsequent conviction within a 36-month period.
  536         (c)One thousand dollars per year for a first or subsequent
  537  conviction if the blood-alcohol level of the person was 0.20 or
  538  higher at the time the analysis was performed.
  539         (3)A surcharge under this section may not be assessed for
  540  the same conviction for a period longer than 36 months.
  541         (4)This section does not apply to a conviction that
  542  becomes final on or before July 1, 2010.
  543         Section 9. Section 322.27023, Florida Statutes, is created
  544  to read:
  545         322.27023Surcharge for conviction of driving without a
  546  valid license or without financial responsibility.—
  547         (1)The department shall assess annually a surcharge on
  548  each person who has a final conviction during the preceding 36
  549  month period for a violation of s. 322.03, s. 322.065, s.
  550  324.021, or s. 627.733.
  551         (2)The amount of a surcharge under this section is $120
  552  per year.
  553         (3)This section does not apply to a conviction that
  554  becomes final on or before July 1, 2010.
  555         Section 10. Section 322.2704, Florida Statutes, is created
  556  to read:
  557         322.2704Notice of surcharge.—
  558         (1)The department shall notify each person who has been
  559  assessed a surcharge under ss. 322.2701-322.2709. Notice to the
  560  person shall be by first-class mail sent to the person’s most
  561  recent address as shown on the records of the department. The
  562  notice must specify the date by which the surcharge must be paid
  563  and state the consequences to the person if he or she fails to
  564  pay the surcharge.
  565         (2)The person shall pay the full amount of the surcharge
  566  or enter into an installment payment agreement with the
  567  department within 30 days after the date the notification was
  568  sent. If the person fails to pay in full or enter into an
  569  installment agreement, the person’s license is automatically
  570  suspended.
  571         (3)A license suspended under this section remains
  572  suspended until the person pays the full amount of the surcharge
  573  or the installment payments and any related costs.
  574         Section 11. Section 322.2705, Florida Statutes, is created
  575  to read:
  576         322.2705Installment payment of surcharges.—
  577         (1)The department shall adopt a rule allowing a person to
  578  pay by installment any surcharge assessed against the person
  579  pursuant to ss. 322.2701-322.2709.
  580         (2)The rule adopted under this section may not permit a
  581  person owing a surcharge:
  582         (a)Of $2,300 or less to pay the surcharge over a period of
  583  more than 12 months.
  584         (b)Of $2,300 or more to pay the surcharge over a period of
  585  more than 24 consecutive months.
  586         (3)The rule may authorize the department to declare the
  587  amount of unpaid surcharge immediately due and payable if the
  588  person fails to make a required installment payment.
  589         (4)(a)The rule may authorize the person to pay his or her
  590  surcharge by using a credit card and, if so, must require the
  591  person using the credit card to pay all costs incurred by the
  592  department in connection with the acceptance of the credit card.
  593         (b)If a person pays a surcharge or related cost by credit
  594  card and the amount is subsequently denied by the issuer of the
  595  credit card, the person’s license shall be automatically
  596  suspended.
  597         (5)A license suspended under this section remains
  598  suspended until the person pays the full amount of the surcharge
  599  or all past due installments and any related costs.
  600         Section 12. Section 322.2706, Florida Statutes, is created
  601  to read:
  602         322.2706Contracts for collection of surcharges.—The
  603  department shall enter into a contract with a vendor for the
  604  collection of surcharges receivable under ss. 322.2701-322.2709.
  605         Section 13. Section 322.2707, Florida Statutes, is created
  606  to read:
  607         322.2707Surcharge reduction program.—
  608         (1)The department shall adopt a rule to establish a
  609  surcharge reduction program to extend the payment period for a
  610  surcharge or to reduce or waive a surcharge assessed under ss.
  611  322.2701-322.2709.
  612         (2)The program shall waive a surcharge resulting from the
  613  first noncriminal infraction committed by a person within the
  614  preceding 48-month period.
  615         (3)The program shall reduce the surcharge assessed as a
  616  result of points assessed under s. 322.27 for a person who
  617  completes a driver improvement program prescribed by the
  618  department. The department shall establish the amount of the
  619  reduction to create an incentive for drivers to enroll in a
  620  driver improvement program. The reduction of the surcharge shall
  621  be available to a driver once during a 60-month period. The
  622  amount of the reduction of the surcharge may not exceed $100.
  623  However, the reduction may not exceed $75 for a driver who,
  624  within the preceding 3-year period, was assessed points for
  625  violations relating to a motor vehicle accident or violations
  626  identified by the department as most likely to cause accidents
  627  resulting in injuries.
  628         (4)The program shall reduce or extend the payment period
  629  for surcharges exceeding $400 annually which are imposed on
  630  persons who are indigent. In determining whether a person is
  631  indigent, the department shall use the standards for eligibility
  632  for the appointment of a public defender under s. 27.52. The
  633  maximum reduction may not exceed 75 percent of a surcharge. The
  634  maximum payment period may not be extended by more than 1 year.
  635  The rules shall require the department to consider the
  636  particular circumstances affecting a person upon whom a
  637  surcharge is imposed and to limit the extent to which reductions
  638  are available. The department may condition eligibility for a
  639  reduction on the completion of a driver improvement program. The
  640  department may charge a fee in an amount equal to the
  641  department’s costs to determine a person’s indigent status.
  642         Section 14. Section 322.2709, Florida Statutes, is created
  643  to read:
  644         322.2709Remittance of surcharges collected.—Moneys
  645  collected from a surcharge imposed by the department pursuant to
  646  ss. 322.2701-322.2709 shall be distributed as follows:
  647         (1)Up to 1 percent shall be used to provide public service
  648  announcements to notify the public of the provisions of the
  649  Florida Driver’s Responsibility Act.
  650         (2)Of the remaining moneys:
  651         (a)Fifty percent shall be remitted to the Department of
  652  Revenue to be deposited into the Department of Highway Safety
  653  Operating Trust Fund
  654         (b)Fifty percent shall be remitted to the General Revenue
  655  Fund.
  656         Section 15. Section 318.121, Florida Statutes, is amended
  657  to read:
  658         318.121 Preemption of additional fees, fines, surcharges,
  659  and costs.—Notwithstanding any general or special law, or
  660  municipal or county ordinance, additional fees, fines,
  661  surcharges, or costs other than the court costs and surcharges
  662  assessed under s. 318.18(11), (13), (18), and (19) or ss.
  663  322.2701-322.2709, may not be added to the civil traffic
  664  penalties assessed in this chapter.
  665         Section 16. This act shall take effect July 1, 2010.

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