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

397 words·~2 min read·/fl/title-xxiii/chapter-324/324-061

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.