Bill Text: FL S1574 | 2017 | Regular Session | Introduced
Bill Title: Motor Vehicles
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Criminal Justice [S1574 Detail]
Download: Florida-2017-S1574-Introduced.html
Florida Senate - 2017 SB 1574 By Senator Baxley 12-01443A-17 20171574__ 1 A bill to be entitled 2 An act relating to motor vehicles; amending s. 318.14, 3 F.S.; requiring notification by the clerk of the court 4 if the amount of a civil penalty indicated on a 5 citation is incorrect; amending s. 318.15, F.S.; 6 requiring immediate suspension of the registration of 7 all motor vehicles registered to a person who commits 8 a first offense of failure to comply with a civil 9 penalty or to appear; amending s. 318.18, F.S.; 10 providing a process by which a person may apply to the 11 clerk for permission to satisfy a civil penalty 12 through community service; authorizing the clerk to 13 determine indigent status and grant or deny permission 14 under certain circumstances; requiring the court to 15 review the clerk’s determination and make a final 16 determination of indigent status under certain 17 circumstances; amending s. 320.03, F.S.; prohibiting 18 issuance of a license plate or revalidation sticker to 19 a person who fails to comply with a civil penalty or 20 to appear; amending s. 320.131, F.S.; conforming a 21 cross-reference; amending s. 320.27, F.S.; requiring a 22 motor vehicle dealer to verify the validity of a 23 purchaser’s driver license; providing immunity from 24 liability; providing penalties; amending s. 938.30, 25 F.S.; conforming provisions to changes made by the 26 act; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (a) of subsection (4) of section 31 318.14, Florida Statutes, is amended to read: 32 318.14 Noncriminal traffic infractions; exception; 33 procedures.— 34 (4)(a) Except as provided in subsection (12), any person 35 charged with a noncriminal infraction under this section who 36 does not elect to appear shall, within 30 days after the date of 37 issuance of the citation: 38 1. Pay the civil penalty and delinquent fee, if applicable, 39 either by mail or in person; or 40 2. Enter into a payment plan in accordance with s. 28.246 41 with the clerk of the court to pay the civil penalty and 42 delinquent fee, if applicable. 43 44 If the amount of the civil penalty indicated on the citation is 45 determined to be incorrect after issuance of the citation, the 46 clerk of the court shall notify the person within 10 days after 47 such determination, by mail to the address indicated on the 48 citation, of the correct civil penalty amount. The person shall 49 have 30 days from the date the notification is mailed to pay the 50 correct amount. 51 Section 2. Paragraph (a) of subsection (1) of section 52 318.15, Florida Statutes, is amended to read: 53 318.15 Failure to comply with civil penalty or to appear; 54 penalty.— 55 (1)(a) If a person fails to comply with the civil penalties 56 provided in s. 318.18 within the time period specified in s. 57 318.14(4), fails to enter into or comply with the terms of a 58 penalty payment plan with the clerk of the court in accordance 59 with ss. 318.14 and 28.246, fails to attend driver improvement 60 school, or fails to appear at a scheduled hearing, the clerk of 61 the court shall notify the Department of Highway Safety and 62 Motor Vehicles of such failure within 10 days after such 63 failure. Upon receipt of such notice, the department shall: 64 1. For a first offense, immediately suspend the 65 registration of all motor vehicles registered in such person’s 66 name. 67 2. For a second or subsequent offense, immediately issue an 68 order suspending the driver license and privilege to drive of 69 such person effective 20 days after the date the order of 70 suspension is mailed in accordance with s. 322.251(1), (2), and 71 (6). Any such suspension of the driving privilege which has not 72 been reinstated, including a similar suspension imposed outside 73 Florida, shall remain on the records of the department for a 74 period of 7 years from the date imposed and shall be removed 75 from the records after the expiration of 7 years from the date 76 it is imposed. The department may not accept the resubmission of 77 such suspension. 78 Section 3. Paragraph (b) of subsection (8) of section 79 318.18, Florida Statutes, is amended to read: 80 318.18 Amount of penalties.—The penalties required for a 81 noncriminal disposition pursuant to s. 318.14 or a criminal 82 offense listed in s. 318.17 are as follows: 83 (8) 84 (b)1.a.IfA person who has been ordered to pay a civil 85 penalty for a noncriminal traffic infraction may apply to the 86 clerk of the court for permission to satisfy the civil penalty 87 by participating in community service. The person must use an 88 application form developed by the Florida Clerks of Court 89 Operations Corporation with final approval by the Supreme Court. 90 The application must include, at a minimum, the following 91 financial information: 92 (I) Net income, consisting of total salary and wages, minus 93 deductions required by law, including court-ordered support 94 payments. 95 (II) Other income, including, but not limited to, social 96 security benefits, union funds, veterans’ benefits, workers’ 97 compensation, other regular support from absent family members, 98 public or private employee pensions, reemployment assistance or 99 unemployment compensation, dividends, interest, rent, trusts, 100 and gifts. 101 (III) Assets, including, but not limited to, cash, savings 102 accounts, bank accounts, stocks, bonds, certificates of deposit, 103 equity in real estate, and equity in a boat or a motor vehicle 104 or in other tangible property. 105 (IV) All liabilities and debts. 106 107 The application must include a signature by the applicant which 108 attests to the truthfulness of the information provided. The 109 application form developed by the corporation must include 110 notice that the applicant may seek court review of a clerk’s 111 determination that the applicant is not indigent, as provided in 112 this paragraph. 113 b. The clerk shall assist a person who appears before the 114 clerk and requests assistance in completing the application, and 115 the clerk shall notify the court if a person is unable to 116 complete the application after the clerk has provided 117 assistance. 118 c. The clerk of the court shall determine whether an 119 applicant seeking permission to perform community service is 120 indigent based upon the information provided in the application 121 and the criteria prescribed in this sub-subparagraph. 122 (I) An applicant, including an applicant who is a minor or 123 an adult tax-dependent person, is indigent if the applicant’s 124 income is equal to or below 200 percent of the then-current 125 federal poverty guidelines prescribed for the size of the 126 household of the applicant by the United States Department of 127 Health and Human Services or if the person is receiving 128 Temporary Assistance for Needy Families-Cash Assistance, 129 poverty-related veterans’ benefits, or Supplemental Security 130 Income. 131 (II) There is a presumption that the applicant is not 132 indigent if the applicant owns, or has equity in, any intangible 133 or tangible personal property or real property or the expectancy 134 of an interest in any such property having a net equity value of 135 $2,500 or more, excluding the value of the person’s homestead 136 and one vehicle having a net value not exceeding $5,000. 137 (III) Notwithstanding the information provided by the 138 applicant, the clerk may conduct a review of the property 139 records for the county in which the applicant resides and the 140 motor vehicle title records of the state to identify any 141 property interests of the applicant. The clerk may evaluate and 142 consider the results of the review in making a determination 143 under this sub-subparagraph. If the review is conducted, the 144 clerk shall maintain the results of the review in a file with 145 the application and provide the file to the court if the 146 applicant seeks review under sub-subparagraph f. of the clerk’s 147 determination of indigent status. 148 d. The duty of the clerk in determining whether an 149 applicant is indigent shall be limited to receiving the 150 application and comparing the information provided in the 151 application to the criteria prescribed in this subparagraph. The 152 determination of indigent status is a ministerial act of the 153 clerk and not a decision based on further investigation or the 154 exercise of independent judgment by the clerk. The clerk may 155 contract with third parties to perform functions assigned to the 156 clerk under this paragraph. 157 e. If the clerk of the court determines thatandthe 158 applicantpersonis indigent and therefore unable to comply with 159 the court’s orderdue to demonstrable financial hardship, the 160 clerk of the court shall allow the applicantpersonto satisfy 161 the civil penalty by participating in community service until 162 the civil penalty is paid. 163 f. If the clerk of the court determines that the applicant 164 is not indigent, the applicant may seek review of the clerk’s 165 determination by filing a written motion with the court and 166 submitting to the court the completed application prescribed in 167 sub-subparagraph a. In reviewing the motion, the court shall 168 consider the extent to which the applicant’s income equals or 169 exceeds the income criteria prescribed in sub-subparagraph c. 170 The court shall make a final determination of indigent status 171 and, if the court determines that the applicant is indigent, 172 shall order the applicant to perform community service until the 173 civil penalty is paid. 174 g.b.If a court orders, or if the clerk of the court 175 allows, a person to perform community service, the person shall 176 receive credit for the civil penalty at the specified hourly 177 credit rate per hour of community service performed, and each 178 hour of community service performed shall reduce the civil 179 penalty by that amount. 180 2.a. As used in this paragraph, the term “specified hourly 181 credit rate” means the wage rate that is specified in 29 U.S.C. 182 s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, 183 that is then in effect, and that an employer subject to such 184 provision must pay per hour to each employee subject to such 185 provision. 186 b. However, if a person ordered by the court or allowed by 187 the clerk of the court to perform community service has a trade 188 or profession for which there is a community service need, the 189 specified hourly credit rate for each hour of community service 190 performed by that person shall be the average prevailing wage 191 rate for the trade or profession that the community service 192 agency needs. 193 3.a. The community service agency supervising the person 194 shall record the number of hours of community service completed 195 and the date the community service hours were completed. The 196 community service agency shall submit the data to the clerk of 197 the court on the letterhead of the community service agency, 198 which must also bear the notarized signature of the person 199 designated to represent the community service agency. 200 b. When the number of community service hours completed by 201 the person equals the amount of the civil penalty, the clerk of 202 the court shall certify this fact to the court. Thereafter, the 203 clerk of the court shall record in the case file that the civil 204 penalty has been paid in full. 205 4. As used in this paragraph, the term: 206 a. “Community service” means uncompensated labor for a 207 community service agency. 208 b. “Community service agency” means a not-for-profit 209 corporation, community organization, charitable organization, 210 public officer, the state or any political subdivision of the 211 state, or any other body the purpose of which is to improve the 212 quality of life or social welfare of the community and which 213 agrees to accept community service from persons unable to pay 214 civil penalties for noncriminal traffic infractions. 215 Section 4. Subsection (8) of section 320.03, Florida 216 Statutes, is amended to read: 217 320.03 Registration; duties of tax collectors; 218 International Registration Plan.— 219 (8) If the applicant’s name appears on the list referred to 220 in s. 316.1001(4), s. 316.1967(6), s. 318.15(1)(a) or (3) 221318.15(3), or s. 713.78(13), a license plate or revalidation 222 sticker may not be issued until that person’s name no longer 223 appears on the list or until the person presents a receipt from 224 the governmental entity or the clerk of court that provided the 225 data showing that the fines outstanding have been paid. This 226 subsection does not apply to the owner of a leased vehicle if 227 the vehicle is registered in the name of the lessee of the 228 vehicle. The tax collector and the clerk of the court are each 229 entitled to receive monthly, as costs for implementing and 230 administering this subsection, 10 percent of the civil penalties 231 and fines recovered from such persons. As used in this 232 subsection, the term “civil penalties and fines” does not 233 include a wrecker operator’s lien as described in s. 713.78(13). 234 If the tax collector has private tag agents, such tag agents are 235 entitled to receive a pro rata share of the amount paid to the 236 tax collector, based upon the percentage of license plates and 237 revalidation stickers issued by the tag agent compared to the 238 total issued within the county. The authority of any private 239 agent to issue license plates shall be revoked, after notice and 240 a hearing as provided in chapter 120, if he or she issues any 241 license plate or revalidation sticker contrary to the provisions 242 of this subsection. This section applies only to the annual 243 renewal in the owner’s birth month of a motor vehicle 244 registration and does not apply to the transfer of a 245 registration of a motor vehicle sold by a motor vehicle dealer 246 licensed under this chapter, except for the transfer of 247 registrations which includes the annual renewals. This section 248 does not affect the issuance of the title to a motor vehicle, 249 notwithstanding s. 319.23(8)(b). 250 Section 5. Subsection (8) of section 320.131, Florida 251 Statutes, is amended to read: 252 320.131 Temporary tags.— 253 (8) The department shall administer an electronic system 254 for licensed motor vehicle dealers to use for issuing temporary 255 tags. If a dealer fails to comply with the department’s 256 requirements for issuing temporary tags using the electronic 257 system, the department may deny, suspend, or revoke a license 258 under s. 320.27(10)(b)16.320.27(9)(b)16.upon proof that the 259 licensee has failed to comply with the department’s 260 requirements. The department may adopt rules to administer this 261 section. 262 Section 6. Subsections (8) through (14) of section 320.27, 263 Florida Statutes, are renumbered as subsections (9) through 264 (15), respectively, present subsections (2) and (8) are amended, 265 and a new subsection (8) is added to that section, to read: 266 320.27 Motor vehicle dealers.— 267 (2) LICENSE REQUIRED.—ANoperson may notshallengage in 268 business as, serve in the capacity of, or act as a motor vehicle 269 dealer in this state without first obtaining a license therefor 270 in the appropriate classification as provided in this section. 271 With the exception of transactions with motor vehicle auctions, 272 anoperson other than a licensed motor vehicle dealer may not 273 advertise for sale any motor vehicle belonging to another party 274 unless as a direct result of a bona fide legal proceeding, court 275 order, or settlement of an estate,or by operation of law. 276 However, an ownerownersof a motor vehiclevehiclestitled in 277 his or her nametheir namesmay advertise and offer a vehicle 278vehiclesfor sale on his or hertheirown behalf.It shall be279unlawful forA licensed motor vehicle dealer may nottoallow a 280anyperson other than a bona fide employee to use the motor 281 vehicle dealer license for the purpose of acting in the capacity 282 of or conducting motor vehicle sales transactions as a motor 283 vehicle dealer. AAnyperson who sells or offersselling or284offeringa motor vehicle for sale in violation of the licensing 285 requirements of this subsection, or who misrepresents to any 286 person its relationship with any manufacturer, importer, or 287 distributor, in addition to the penalties provided in this 288 section, commitsherein, shall be deemed guilty ofan unfair and 289 deceptive trade practice as defined in part II of chapter 501 290 and isshall besubject tothe provisions ofsubsections(8) and291 (9) and (10). 292 (8) DRIVER LICENSE VERIFICATION.— 293 (a) Notwithstanding any other provision of law to the 294 contrary, before finalizing the sale of a motor vehicle, a motor 295 vehicle dealer shall record the driver license number of the 296 purchaser and verify that the driver license is valid. The 297 department shall provide the motor vehicle dealer access to the 298 driver license record for purposes of such verification. If the 299 driver license is suspended, revoked, or otherwise invalid, the 300 dealer shall require an attestation by the purchaser on a form 301 developed by the department indicating that the motor vehicle 302 will be operated by a licensed driver. 303 (b) A motor vehicle dealer who complies with paragraph (a) 304 is not liable for any action of a purchaser or operator of a 305 motor vehicle who has a suspended, revoked, or otherwise invalid 306 driver license. 307 (9)(8)PENALTY.—AAnyperson who violatesfound guilty of308violating any of the provisions ofthis section commitsis309guilty ofa misdemeanor of the second degree, punishable as 310 provided in s. 775.082 or s. 775.083. 311 Section 7. Subsection (2) of section 938.30, Florida 312 Statutes, is amended to read: 313 938.30 Financial obligations in criminal cases; 314 supplementary proceedings.— 315 (2) The court may require a person liable for payment of an 316 obligation to appear and be examined under oath concerning the 317 person’s financial ability to pay the obligation. The judge may 318 convert the statutory financial obligation into a court-ordered 319 obligation to perform community service, subject to the320provisions of s. 318.18(8),after examining a person under oath 321 and determining the person’s inability to pay. AAnyperson who 322 fails to attend a hearing may be arrested on warrant or capias 323 issued by the clerk upon order of the court. 324 Section 8. This act shall take effect July 1, 2017.