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HomeMy WebLinkAboutSubmittal-Commissioner Suarez• • FLORIDA HOUSE OF REPRESENTATIVES 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 1111111111 1111111111111111111111111 ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature 318.121 Preemption of additional fees, fines, surcharges, and costs. —Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s. 318.18(11), (13), (18), and (19), and (22) may not be added to the civil traffic penalties assessed under 4 this chapter. Section 8. Subsection (3) is added to section 318.15, Florida Statutes, to read: 318.15 Failure to comply with civil penalty or to appear; penalty.— (3) The clerk shall notify the department of persons who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to the local hearing officer or failed to appear at a scheduled hearing within 10 days after such failure, and shall reference the person's driver license number, or in the case of a business entity, vehicle registration number. (a) Upon receipt of such notice, the department, or authorized agent thereof, may not issue a license plate or revalidation sticker for any motor vehicle owned or coowned by that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid. (b) After the issuance of the person's license plate or revalidation sticker is withheld pursuant to paragraph (a), the person may challenge the withholding of the license plate or revalidation sticker only on the basis that the outstanding Page 30 of 226 CODING: Words stricken are deletions; words underlined are additions. 13- 00' V7- ;7 z / , Commi sssi onar SvareZ Submitted into the public record in connection with item SR.3 on 07/25/13 Todd B. Hannon hb7125-05-er • • FLORIDA HOUSE OF REPRESENTATIVES 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 U DIME IEIIIII 1111 III IIIII ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature fines and civil penalties have been paid pursuant to s. 320.03(8). Section 9. Paragraph (c) of subsection (15) of section 318.18, Florida Statutes, is amended, and subsection (22) is added to that section, to read: 318.18 Amount of penalties. —The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (15) (c) If a person who is mailed a notice of violation or cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic infraction enforcement officer under s. 316.0083, presents documentation from the appropriate governmental entity that the notice of violation or traffic citation was in error, the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of court or clerk to the local hearing officer may shall not charge for this service. (22) In addition to the penalty prescribed under s. 316.0083 for violations enforced under s. 316.0083 which are upheld, the local hearing officer may also order the payment of county or municipal costs, not to exceed $250. Section 10. Subsection (8) of section 320.03, Florida Statutes, is amended to read: 320.03 Registration; duties of tax collectors; International Registration Plan.— (8) If the applicant's name appears on the list referred 868 to in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. Page 31 of 226 CODING: Words atfiskee are deletions; words underlined are additions. hb7125-05-er Submitted into the public record in connection with item SR.3 on 07/25/13 Todd B. Hannon • FLORIDA HOUSE 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 QIII111111llll 101111111II1I O F REPRESENTATIVES ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature 713.78(13),,a license plate or revalidation sticker may not be issued until that person's name no longer appears on the list or until the person presents a receipt from the governmental entity. or the clerk of court that provided the data showing that the fines outstanding have been paid. This subsection does not apply. to the owner of a leased vehicle if the vehicle is registered in the name of the lessee of the vehicle. The tax collector and the clerk of the court are each entitled to receive monthly, as costs for implementing and, administering this subsection, 10 percent of the civil penalties and fines recovered from such persons. As used in this subsection, the term "civil penalties and fines" does not include a wrecker operator's lien as described in s. 713.78(13). If the tax collector has private tag agents, such tag agents are entitled to receive a pro rata share of the amount paid to the' tax collector, based upon the. percentage of license plates and revalidation stickers issued by the tag agent compared to the total issued within the county. The authority of any private agent to issue license plates shall be revoked, after notice and a hearing as provided in chapter 120., if he or she issues any license plate or revalidation sticker contrary to the provisions of this subsection. This section applies only to the annual renewal in the owner's birth month of a motor vehicle registration and does not apply to the transfer of'a registration of a motor vehicle sold by a motor vehicle dealer licensed under this chapter, except for, the transfer of registrations which includes the annual renewals. This section does not affect the issuance of the title to a motor vehicle, notwithstanding s. 319.23(8)(b). Page 32 of 226 CODING: Words strisicen are deletions; words underlined are additions. Submitted into the public record in connection with item SR.3 on 07/25/13 Todd B. Hannon 1 hb7125-05-er • • • FLORIDA HOUSE OF REPRESENTATIVES 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 1IIIOID IUUWIIOI11I1UI1I ENROLLED CS/CS/HB 7125, Engrossed 2 2013 Legislature Section 11. Subsections' (3) and'(4) of section 316.081, Florida Statutes, are renumbered as subsections (4) and (5), respectively, and a new subsection (3) is added to that section to read: 316.081 Driving on right side of roadway; exceptions. (3) On a road, street, or highway having two or more lanes allowing movement in the same direction, a driver may not continue to operate 'a motor vehicle at any speed which is more than 10 miles per hour -slower than the posted speed limit in the furthermost left-hand lane if the driver knows or reasonably should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. This subsection does not apply -to drivers operating a vehicle that is overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an intersection. (4)+3+ Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway, except when authorized by official traffic control devices designating certain lanes.to'the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under paragraph (1)(b). However, this subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road, or driveway. (5)44}. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. Page 33 of 226 CODING: Words ctfisken are deletions; words underlined are additions. Submitted into the public record in connection with item SR.3 on 07/25/13` Todd B. Hannon hb7125-05-er