The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 324
FINANCIAL RESPONSIBILITY

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F.S. 324.061

324.061 Security deposited with Department of Highway Safety and Motor Vehicles; release.—

(1) Security deposited pursuant to the provisions of s. 324.051(2)(a)4. with respect to claims for injuries to persons or properties resulting from a crash occurring prior to such deposit shall be in the form and amount determined by the department which, in its judgment, will be sufficient to compensate for all injuries arising out of such crash, but in no case shall the amount exceed the limits as specified in s. 324.021(7).

(2) Such security shall be deposited with the department and shall not be released except under one of the following conditions:

(a) A duly attested written statement of satisfaction by all parties shown to be injured in such crash has been received by the department.

(b) In the event the depositor has been finally adjudicated by a court of competent jurisdiction not to be liable; or all judgments of liability against the depositor have been satisfied.

(c) One year shall have elapsed after deposit and during such period the department has not been duly notified of any court action brought for damages.

(d) Upon receipt of an order from a court ordering that such deposit be paid to satisfy a recorded judgment, in whole or in part, resulting from a crash. If the department does not have sufficient funds on deposit to satisfy such judgment it shall forthwith call upon the judgment debtor for the balance, subject to the limits specified in s. 324.021(7). Upon failure of the judgment debtor to make the necessary deposit or to satisfy the judgment in full, the department shall revoke the driving privilege and all registrations of such judgment debtor within 10 days subsequent to notification to the judgment debtor by the department.

(e) In any case in which securities deposited under this section have remained unclaimed for 5 years or more such deposit shall be transferred by the department to the State School Fund, and all interest and income that may accrue from said deposits after the aforesaid period of time, shall belong to said fund.

(3) The department shall invest security deposits in its custody received under this section in excess of current needs in interest-bearing accounts. The interest earned from such investments shall be deposited in a department trust fund, and any security deposits remaining unclaimed after 5 years shall be transferred to the State School Fund as provided in paragraph (2)(e) above.

History.—s. 1, ch. 29963, 1955; s. 3, ch. 57-147; ss. 13, 35, ch. 69-106; s. 3, ch. 71-59; s. 3, ch. 77-118; s. 8, ch. 77-468; s. 69, ch. 79-164; s. 34, ch. 95-143; s. 304, ch. 99-248.

Note.—Former s. 324.041.

F.S. 324.061 on Google Scholar

F.S. 324.061 on Casetext

Amendments to 324.061

Arrestable Offenses / Crimes under Fla. Stat. 324.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 324.061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

McKINNEY, v. D. O MALLEY, L. Sr., 379 F. Supp. 135 (M.D. Fla. 1974)

. . . the accident or depositing security sufficient to compensate for the injuries as provided in Section 324.061 . . . operator or owner has deposited with the department of insurance security to conform with sections 324.061 . . . Section 324.061, Florida Statutes, i>rovides as follows: (1) Security deposited pursuant to the provisions . . .

WILLIAMS, v. NEWTON,, 236 So. 2d 98 (Fla. 1970)

. . . Such operator or owner has deposited with the state treasurer security to conform with § 324.061 and . . .

J. LARSON, v. G. W. WARREN, J. LARSON, v. G. WILLIAMS,, 132 So. 2d 177 (Fla. 1961)

. . . return to her the amount of $200, representing her security deposit made to him [Larson] pursuant to § 324.061 . . . The complaint alleged that § 324.061 et seq., Florida Statutes, F.S.A. is unconstitutional and deprives . . . See §§ 324.021, 324.031, 324.042, 324.051 and 324.061, Florida Statutes, F.S.A. . . . Appellees’ grievance is that § 324.061, Florida Statutes, F.S.A., does not provide for a judicial hearing . . . Then § 324.061, Florida Statutes, F.S.A., provides how amends may be made in the way of security deposit . . .