NOTICE IS HEREBY GIVEN THAT Department of Highway Safety and Motor Vehicles has issued an order disposing of the petition for declaratory statement filed by Joseph R. Gillespie on August 17, 2010. The following is a summary of the agency's disposition of the petition:
ANALYSIS Petitioner argues that by paying his $200 civil penalty to the Clerk of Court for Henry County, Georgia, he has satisfied the terms of the traffic citation he received on June 6, 2010. Petitioner also argues that because his citation did not mention the “Super Speeder” fee, he should not be required by the State of Georgia to pay this fee. Notwithstanding the fact that Petitioner has been put on notice by the Georgia Department of Driver Services that his driving privilege will be suspended if he does not pay the $200 “Super Speeder” fee, Petitioner appears particularly concerned about the effect a Georgia suspension will have on his Florida driver’s license. It should be further noted that Petitioner has not sought review of the Georgia suspension order. Specifically, Petitioner wants answers to the following questions: (1) if Georgia suspends him for failure to pay the “Super Speeder” fee, will Florida also suspend or revoke his driver’s license and (2) if, upon expiration of his driver’s license, will Florida refuse to renew his license for failure to pay the “Super Speeder” fee? Petitioner contends that under Section 322.50, Florida Statutes (Nonresident Violator Compact), Florida lacks the authority to suspend or refuse to renew his driver’s license for failure to pay Georgia’s “Super Speeder” fee. Petitioner has not shown that the Nonresident Violator Compact prevents Florida from suspending his driver’s license. Therefore, his argument is rejected. DECLARATION Based on the foregoing, Petitioner’s issues are answered as follows: 1. If the Georgia Department of Driver Services suspends me for failure to pay the “Super Speeder” fee, will Florida suspend or revoke my driver’s license? Answer: Yes. The purpose behind the Florida Driver License Compact (Section 322.44, Florida Statutes) is to make the reciprocal recognition of licenses to drive and eligibility therefore more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states. If you fail to pay the “Super Speeder” fee, you will violate Georgia law and have your driving privilege suspended by the Department of Driver Services. If Georgia sends the suspension to Florida, the Department will reciprocate under the Driver License Compact and suspend your Florida driver’s license. 2. If the Georgia Department of Driver Services suspends me for failure to pay the “Super Speeder” fee, will Florida, upon expiration of my driver’s license, refuse to renew my license? Answer: Yes. If Georgia does not send the suspension to Florida as described above, the Department, at the time of renewal of your Florida driver’s license, will see the Georgia suspension via the national driver reporting database and will not allow you to renew until you resolve the suspension in Georgia.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: M. Lilja Dandelake, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399, (850)617-3101.
Please refer all comments to: M. Lilja Dandelake, Assistant General Counsel at (850)617-3101.