Bill Text: FL S0476 | 2016 | Regular Session | Introduced

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Bill Title: Driver License or Driving Privilege Suspensions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Transportation [S0476 Detail]

Download: Florida-2016-S0476-Introduced.html

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       Florida Senate - 2016                                     SB 476
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00533-16                                            2016476__
    1                        A bill to be entitled                      
    2         An act relating to driver license or driving privilege
    3         suspensions; amending s. 322.34, F.S.; revising
    4         penalties for certain persons whose driver license or
    5         driving privilege has been suspended and who drive a
    6         motor vehicle upon the highways of this state knowing
    7         of such suspension; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 322.34, Florida
   12  Statutes, is amended to read:
   13         322.34 Driving while license suspended, revoked, canceled,
   14  or disqualified.—
   15         (2)(a) Any person whose driver license or driving privilege
   16  has been suspended as provided by law, except habitual traffic
   17  offenders as defined in s. 322.264, who, knowing of such
   18  suspension, drives a motor vehicle on the highways of this state
   19  while such license or privilege is suspended, upon:
   20         1. A first conviction, is guilty of a misdemeanor of the
   21  second degree, punishable as provided in s. 775.082 or s.
   22  775.083.
   23         2. A second or subsequent conviction, is guilty of a
   24  misdemeanor of the first degree, punishable as provided in s.
   25  775.082 or s. 775.083.
   26         (b) Any person whose driver license or driving privilege
   27  has been canceled, suspended, or revoked as provided by law,
   28  except habitual traffic offenders as persons defined in s.
   29  322.264, who, knowing of such cancellation, suspension, or
   30  revocation, drives a any motor vehicle on upon the highways of
   31  this state while such license or privilege is canceled,
   32  suspended, or revoked, upon:
   33         1.(a) A first conviction, is guilty of a misdemeanor of the
   34  second degree, punishable as provided in s. 775.082 or s.
   35  775.083.
   36         2.(b) A second conviction, is guilty of a misdemeanor of
   37  the first degree, punishable as provided in s. 775.082 or s.
   38  775.083.
   39         3.(c) A third or subsequent conviction, is guilty of a
   40  felony of the third degree, punishable as provided in s.
   41  775.082, s. 775.083, or s. 775.084.
   42  
   43  The element of knowledge is satisfied if the person has been
   44  previously cited as provided in subsection (1); or the person
   45  admits to knowledge of the cancellation, suspension, or
   46  revocation; or the person received notice as provided in
   47  subsection (4). There shall be a rebuttable presumption that the
   48  knowledge requirement is satisfied if a judgment or order as
   49  provided in subsection (4) appears in the department’s records
   50  for any case except for one involving a suspension by the
   51  department for failure to pay a traffic fine or for a financial
   52  responsibility violation.
   53         Section 2. This act shall take effect October 1, 2016.