Bill Text: FL S1304 | 2010 | Regular Session | Introduced

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Bill Title: Enforcement of Tolls [CPSC]

Sponsorship: Unknown

Status: (Failed) 2010-04-30 - Died in Committee on Transportation, companion bill(s) passed, see CS/CS/CS/HB 1271 (Ch. 2010-225) [S1304 Detail]

Download: Florida-2010-S1304-Introduced.html

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Florida Senate - 2010                                    SB 1304 
 
By the Committee on Transportation 
596-01526-10                                          20101304__ 
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. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
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.