Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7030
       FOR CONSIDERATION By the Committee on Transportation
       596-01081A-10                                         20107030__
    1                        A bill to be entitled                      
    2         An act relating to the enforcement of tolls; amending
    3         s. 316.1001, F.S.; clarifying the mailing method to be
    4         used in providing notice following the issuance of a
    5         citation for failure to pay a toll; providing that
    6         receipt of the citation rather than its mailing
    7         constitutes notification; authorizing any governmental
    8         entity, including the clerk of court, to provide
    9         specified data to the Department of Highway Safety and
   10         Motor Vehicles regarding outstanding violations for
   11         failure to pay tolls; amending s. 318.18, F.S.;
   12         providing for the department to suspend, at the
   13         direction of the court, a person’s driver’s license
   14         for violations involving the failure to pay tolls;
   15         amending s. 320.03, F.S.; clarifying provisions
   16         requiring that the tax collector withhold issuance of
   17         a license plate or revalidation sticker if certain
   18         fines are outstanding; amending s. 322.27, F.S.;
   19         clarifying that failure to pay a toll does not result
   20         in the assessment of points against a person’s driving
   21         record; providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraph (b) of subsection (2) and subsection
   26  (4) of section 316.1001, Florida Statutes, are amended to read:
   27         316.1001 Payment of toll on toll facilities required;
   28  penalties.—
   29         (2)
   30         (b) A citation issued under this subsection may be issued
   31  by mailing the citation by first-class first class mail, or by
   32  certified mail, return receipt requested, to the address of the
   33  registered owner of the motor vehicle involved in the violation.
   34  Receipt of Mailing the citation to this address constitutes
   35  notification. In the case of joint ownership of a motor vehicle,
   36  the traffic citation must be mailed to the first name appearing
   37  on the registration, unless the first name appearing on the
   38  registration is a business organization, in which case the
   39  second name appearing on the registration may be used. A
   40  citation issued under this paragraph must be mailed to the
   41  registered owner of the motor vehicle involved in the violation
   42  within 14 days after the date of issuance of the citation
   43  violation. In addition to the citation, notification must be
   44  sent to the registered owner of the motor vehicle involved in
   45  the violation specifying remedies available under ss. 318.14(12)
   46  and 318.18(7).
   47         (4) Any governmental entity, including, without limitation,
   48  a clerk of court, may provide supply the department with data
   49  that is machine readable by the department’s computer system,
   50  listing persons who have one or more outstanding violations of
   51  this section, with reference to the person’s driver’s license
   52  number or vehicle registration number in the case of a business
   53  entity. Pursuant to s. 320.03(8), those persons may not be
   54  issued a license plate or revalidation sticker for any motor
   55  vehicle.
   56         Section 2. Subsection (7) of section 318.18, Florida
   57  Statutes, is amended to read:
   58         318.18 Amount of penalties.—The penalties required for a
   59  noncriminal disposition pursuant to s. 318.14 or a criminal
   60  offense listed in s. 318.17 are as follows:
   61         (7) Mandatory $100 fine for each violation of s. 316.1001
   62  plus the amount of the unpaid toll shown on the traffic citation
   63  for each citation issued. The clerk of the court shall forward
   64  $25 of the $100 fine received, plus the amount of the unpaid
   65  toll that is shown on the citation, to the governmental entity
   66  that issued the citation, or on whose behalf the citation was
   67  issued. If a plea arrangement is reached prior to the date set
   68  for a scheduled evidentiary hearing and adjudication is
   69  withheld, there shall be a mandatory fine assessed per citation
   70  of not less than $50 and not more than $100, plus the amount of
   71  the unpaid toll for each citation issued. The clerk of the court
   72  shall forward $25 of the fine imposed plus the amount of the
   73  unpaid toll that is shown on the citation to the governmental
   74  entity that issued the citation or on whose behalf the citation
   75  was issued. The court shall have specific authority to
   76  consolidate issued citations for the same defendant for the
   77  purpose of sentencing and aggregate jurisdiction. In addition,
   78  the court may direct the department to shall suspend for 60 days
   79  the driver’s license of a person who is convicted of 10
   80  violations of s. 316.1001 within a 36-month period. Any funds
   81  received by a governmental entity for this violation may be used
   82  for any lawful purpose related to the operation or maintenance
   83  of a toll facility.
   84         Section 3. Subsection (8) of section 320.03, Florida
   85  Statutes, is amended to read:
   86         320.03 Registration; duties of tax collectors;
   87  International Registration Plan.—
   88         (8) If the applicant’s name appears on the list referred to
   89  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
   90  plate or revalidation sticker may not be issued until that
   91  person’s name no longer appears on the list or until the person
   92  presents a receipt from the governmental entity or the clerk of
   93  court that provided the data showing that the fines outstanding
   94  have been paid. This subsection does not apply to the owner of a
   95  leased vehicle if the vehicle is registered in the name of the
   96  lessee of the vehicle. The tax collector and the clerk of the
   97  court are each entitled to receive monthly, as costs for
   98  implementing and administering this subsection, 10 percent of
   99  the civil penalties and fines recovered from such persons. As
  100  used in this subsection, the term “civil penalties and fines”
  101  does not include a wrecker operator’s lien as described in s.
  102  713.78(13). If the tax collector has private tag agents, such
  103  tag agents are entitled to receive a pro rata share of the
  104  amount paid to the tax collector, based upon the percentage of
  105  license plates and revalidation stickers issued by the tag agent
  106  compared to the total issued within the county. The authority of
  107  any private agent to issue license plates shall be revoked,
  108  after notice and a hearing as provided in chapter 120, if he or
  109  she issues any license plate or revalidation sticker contrary to
  110  the provisions of this subsection. This section applies only to
  111  the annual renewal in the owner’s birth month of a motor vehicle
  112  registration and does not apply to the transfer of a
  113  registration of a motor vehicle sold by a motor vehicle dealer
  114  licensed under this chapter, except for the transfer of
  115  registrations which is inclusive of the annual renewals. This
  116  section does not affect the issuance of the title to a motor
  117  vehicle, notwithstanding s. 319.23(7)(b).
  118         Section 4. Paragraph (d) of subsection (3) of section
  119  322.27, Florida Statutes, is amended to read:
  120         322.27 Authority of department to suspend or revoke
  121  license.—
  122         (3) There is established a point system for evaluation of
  123  convictions of violations of motor vehicle laws or ordinances,
  124  and violations of applicable provisions of s. 403.413(6)(b) when
  125  such violations involve the use of motor vehicles, for the
  126  determination of the continuing qualification of any person to
  127  operate a motor vehicle. The department is authorized to suspend
  128  the license of any person upon showing of its records or other
  129  good and sufficient evidence that the licensee has been
  130  convicted of violation of motor vehicle laws or ordinances, or
  131  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  132  more points as determined by the point system. The suspension
  133  shall be for a period of not more than 1 year.
  134         (d) The point system shall have as its basic element a
  135  graduated scale of points assigning relative values to
  136  convictions of the following violations:
  137         1. Reckless driving, willful and wanton—4 points.
  138         2. Leaving the scene of a crash resulting in property
  139  damage of more than $50—6 points.
  140         3. Unlawful speed resulting in a crash—6 points.
  141         4. Passing a stopped school bus—4 points.
  142         5. Unlawful speed:
  143         a. Not in excess of 15 miles per hour of lawful or posted
  144  speed—3 points.
  145         b. In excess of 15 miles per hour of lawful or posted
  146  speed—4 points.
  147         6. A violation of a traffic control signal device as
  148  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  149         7. All other moving violations (including parking on a
  150  highway outside the limits of a municipality)—3 points. However,
  151  no points shall be imposed for a violation of s. 316.0741, s.
  152  316.1001, or s. 316.2065(12).
  153         8. Any moving violation covered above, excluding unlawful
  154  speed, resulting in a crash—4 points.
  155         9. Any conviction under s. 403.413(6)(b)—3 points.
  156         10. Any conviction under s. 316.0775(2)—4 points.
  157         Section 5. This act shall take effect July 1, 2010.

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