CopyCited 56 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 17681, 21 Fla. L. Weekly Fed. C 1001
...Appellants seize on this definition and urge that
Florida’s vicarious liability regime is therefore part of a financial responsibility
scheme: it gives rise to judgments against lessors, which they must pay on pain of
cancelled registration. See Fla. Stat § 324.121 (suspension of license or
registration upon notice of an unsatisfied judgment)....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 8 A.L.R. 3d 382, 1963 Fla. App. LEXIS 3571
...total damage to property of $50.00 or more, unless, among other things, certain security is deposited with the State Treasurer or a release is obtained from all injured parties and there is compliance with §
324.031, Fla. Stat., F.S.A. [3] Further, §
324.121, Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...stituted sufficient compliance with due process under Larson v. Warren, Fla. 1961,
132 So.2d 177. But in their reply brief appellants neatly reversed their field and contended that the Rules aforesaid did not apply to a license suspension under F.S. Section
324.121 et seq., F.S.A., where a judgment debtor fails to satisfy a Court judgment, but only applied to license suspensions under F.S....
...See Harris v. Goff, Fla.App. 1963,
151 So.2d 642; Bloomfield v. Mayo, supra; De Groot v. Sheffield, supra. Of course, if the Commissioner were correct in his contention that there is no administrative hearing as to a suspension order under F.S. Sec.
324.121, F.S.A., it would be of no consequence what the mode of review was....
...If they were so covered, and the insurance Company was legally obligated to pay the judgment, then the Ferrentinos should not have to suffer their driving privileges to be taken away. If they were not so covered, then they were in fact uninsured motorists and should suffer the penalties of F.S. Section 324.121, F.S.A....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 WL 386376
...The point is not that, as the majority opinion says, such substantial property damage "did not happen in this case." Similarly in Trevisol, where the lack of a requirement in the automobile lease for $50,000 property damage coverage was held by the Fourth District Court of Appeal to render section 324.121(9)(b) inapplicable, the Fourth District of course did not care that, or if, $50,000 property damage, in the words of the majority opinion in the case at hand, "did not happen." The point in Trevisol was, as is the point in the case at...
CopyCited 1 times | Published | District Court of Appeal of Florida
...It is appellee’s position that the authority granted him to suspend licenses and registrations of Florida citizens for accidents occurring outside of this state under the reciprocal agreement provisions of the statute is merely permissive and cumulative of the suspension powers otherwise granted him under § 324.121 of the statute. If we accept the Commissioner’s contention in this regard it would appear rather obvious that the reciprocal agreement provisions of the statute would be meaningless and serve no useful purpose. Such construction of Sec. 324.121 of the statutes under which the Commissioner assumed to act in this case would produce a result whereby a Florida citizen who suffered a judgment to be entered against him on account of the negligent operation of his motor vehicle in a foreig...
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...Blakemore Executive Director, Department of Highway Safety and Motor Vehicles QUESTIONS: 1. Does a discharge in bankruptcy relieve an uninsured motorist from the requirements of the financial responsibility law where the driving and registration privileges of such person have been suspended pursuant to the provisions of s. 324.121 , F.S.? 2....
...324.051 (2)(a)4., a judgment of nonliability by a court of competent jurisdiction; or SUMMARY: Although a discharge in bankruptcy operates to stay collection of a judgment arising out of an automobile accident and bars its enforcement, the discharge does not: 1. Relieve an uninsured motorist from the provisions of ss.
324.121 and
324.131 , F.S., regarding future financial responsibility; 2....
...You state that your request is necessitated by the enactment of Public Law 95-598 , November 6, 1978, codified as Section 525 of the 1978 Bankruptcy Code and its effect on a prior opinion of this office, AGO 059-200, October 5, 1959. AS TO QUESTION 1: Section 324.121 , F.S., provides that upon receipt of a certified copy of a judgment as provided in s....
...s future financial responsibility or ability which apply to all motor vehicle owners or operators. The Florida Financial Responsibility Law affects all persons operating motor vehicles on public streets and highways within the State. As noted above, s. 324.121 of the law provides for suspension of driving privileges of persons failing to satisfy judgments arising from automobile accidents within the purview of the statute, and s....
...324.131 inhibits the renewal of such suspended licenses and registrations until such judgments are stayed, satisfied in full, or to the extent of the limits specified in s.
324.021 (7). Your first question then is whether s. 525 can relieve drivers who have been adjudicated bankrupt from the provisions of ss.
324.121 and
324.131 , F.S....
....' According to that opinion, although a discharge in bankruptcy operates as a stay of judgment and a bar to the enforcement thereof, a bankrupt debtor is still bound by the reinstatement provisions of s.
324.131 which require proof of future financial responsibility in order to regain driving privileges. In reading ss.
324.121 and
324.131 , F.S....
...t is judicially declared unconstitutional. Evans v. Hillsborough County,
186 So. 193 , 196 (Fla. 1938). Therefore, insofar as no conflicts exist between the provisions of the financial responsibility law and the Bankruptcy Code, the requirements of ss.
324.121 and
324.131 relating to giving proof of future financial responsibility as provided in s....
...324.031 must be met by all persons — including those discharged in bankruptcy. There is no discrimination against bankrupts inherent in requiring bankrupt motorists to present proof of future financial responsibility on the same basis as all other motorists under ss.
324.121 and
324.131 , F.S....