Bill Text: FL S0734 | 2019 | Regular Session | Introduced


Bill Title: Penalties and Fees

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Criminal Justice [S0734 Detail]

Download: Florida-2019-S0734-Introduced.html
       Florida Senate - 2019                                     SB 734
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00585-19                                            2019734__
    1                        A bill to be entitled                      
    2         An act relating to penalties and fees; amending s.
    3         27.52, F.S.; requiring a certain application to
    4         provide the applicant with the option to fulfill any
    5         court-ordered financial obligation associated with a
    6         case by enrolling in a payment plan or by completing
    7         community service if ordered by the court; amending s.
    8         28.246, F.S.; revising requirements relating to the
    9         payment of court-related fines or other monetary
   10         penalties, fees, charges, and costs; authorizing the
   11         court to review the reasonableness of the payment plan
   12         upon motion of the party and to modify the plan;
   13         increasing the period after which a clerk of court
   14         shall pursue the collection of any fees, service
   15         charges, fines, court costs, and liens for the payment
   16         of attorney fees and costs by referring the account to
   17         a private attorney or collection agent; requiring the
   18         clerk to solicit competitive bids from private
   19         attorneys or collection agents for collection
   20         services, subject to certain requirements; prohibiting
   21         the clerk from assessing a certain surcharge;
   22         prohibiting the private attorney or collection agent
   23         from imposing certain additional fees or surcharges;
   24         amending s. 316.650, F.S.; requiring traffic citation
   25         forms to include certain language relating to payment
   26         of a penalty; amending s. 318.15, F.S.; prohibiting
   27         the suspension of a person’s driver license solely for
   28         failure to pay certain financial obligations unless
   29         the clerk of court demonstrates to the court that the
   30         individual has the ability to pay but is refusing to
   31         do so; prohibiting a court determination of ability to
   32         pay under specified conditions; amending s. 318.18,
   33         F.S.; requiring a court to inquire at the time a
   34         certain civil penalty is ordered whether the person is
   35         able to pay such penalty; amending s. 322.055, F.S.;
   36         deleting certain convictions for drug offenses from
   37         the requirements of revocation or suspension of, or
   38         delay of eligibility for, driver licenses or driving
   39         privileges; decreasing the period for revocation or
   40         suspension of, or delay of eligibility for, driver
   41         licenses or driving privileges for certain persons
   42         convicted of certain drug offenses; deleting
   43         provisions authorizing a driver to petition the
   44         Department of Highway Safety and Motor Vehicles for
   45         restoration of his or her driving privilege; amending
   46         s. 322.056, F.S.; decreasing the period for revocation
   47         or suspension of, or delay of eligibility for, driver
   48         licenses or driving privileges for certain persons
   49         found guilty of certain drug offenses; deleting a
   50         provision authorizing a court to direct the department
   51         to issue a license for certain restricted driving
   52         privileges under certain circumstances; deleting
   53         requirements relating to the revocation or suspension
   54         of, or delay of eligibility for, driver licenses or
   55         driving privileges for certain persons found guilty of
   56         certain alcohol or tobacco offenses; repealing s.
   57         322.057, F.S., relating to discretionary revocation or
   58         suspension of a driver license for certain persons who
   59         provide alcohol to persons under a specified age;
   60         amending s. 322.09, F.S.; deleting a provision
   61         prohibiting the issuance of a driver license or
   62         learner’s driver license under certain circumstances;
   63         repealing s. 322.091, F.S., relating to attendance
   64         requirements for driving privileges; amending s.
   65         322.245, F.S.; prohibiting the suspension of a
   66         person’s driver license solely for failure to pay
   67         certain financial obligations unless the clerk of
   68         court demonstrates to the court that the individual
   69         has the ability to pay but is refusing to do so;
   70         prohibiting a court determination of ability to pay
   71         under specified conditions; repealing s. 322.251(7),
   72         F.S., relating to notice of suspension or revocation
   73         of driving privileges, reasons for reinstatement of
   74         such driving privileges, and certain electronic access
   75         to identify a person who is the subject of an
   76         outstanding warrant or capias for passing worthless
   77         bank checks; amending s. 322.271, F.S.; providing that
   78         a person whose driver license or privilege to drive
   79         has been suspended may have his or her driver license
   80         or driving privilege reinstated on a restricted basis
   81         under certain circumstances; providing the period of
   82         validity of such restricted license; amending s.
   83         322.34, F.S.; revising the underlying violations
   84         resulting in driver license or driving privilege
   85         cancellation, suspension, or revocation for which
   86         specified penalties apply; amending s. 562.11, F.S.;
   87         revising penalties for selling, giving, serving, or
   88         permitting alcoholic beverages to be served to a
   89         person under a specified age or permitting such person
   90         to consume such beverages on licensed premises;
   91         revising penalties for a person misrepresenting or
   92         misstating his or her age or the age of another to
   93         induce a licensee to serve alcoholic beverages to a
   94         person under a specified age; conforming provisions to
   95         changes made by the act; repealing s. 562.111(3),
   96         F.S., relating to withholding issuance of, or
   97         suspending or revoking, a driver license or driving
   98         privilege for possession of alcoholic beverages by
   99         persons under a specified age; amending s. 569.11,
  100         F.S.; revising penalties for persons under a specified
  101         age who knowingly possess, misrepresent their age or
  102         military service to purchase, or purchase or attempt
  103         to purchase tobacco products; authorizing, rather than
  104         requiring, the court to direct the department to
  105         withhold issuance of or suspend a person’s driver
  106         license or driving privilege for certain violations;
  107         amending s. 790.22, F.S.; revising penalties relating
  108         to suspending, revoking, or withholding issuance of
  109         driver licenses or driving privileges for minors under
  110         a specified age who possess firearms under certain
  111         circumstances; deleting provisions relating to
  112         penalties for certain offenses involving the use or
  113         possession of a firearm by a minor under a specified
  114         age; amending s. 806.13, F.S.; deleting provisions
  115         relating to certain penalties for criminal mischief by
  116         a minor; repealing s. 812.0155, F.S., relating to
  117         suspension of a driver license following an
  118         adjudication of guilt for theft; repealing s. 832.09,
  119         F.S., relating to suspension of a driver license after
  120         warrant or capias is issued in worthless check cases;
  121         amending s. 847.0141, F.S.; deleting a provision
  122         authorizing a court, upon a certain finding of
  123         contempt, to issue an order to the department to
  124         withhold issuance of or suspend the driver license or
  125         driving privilege of a minor for a specified time;
  126         amending s. 877.112, F.S.; revising penalties for
  127         persons under a specified age who knowingly possess,
  128         misrepresent their age or military service to
  129         purchase, or purchase or attempt to purchase any
  130         nicotine product or nicotine dispensing device;
  131         authorizing, rather than requiring, the court to
  132         direct the department to withhold issuance of or
  133         suspend a person’s driver license or driving privilege
  134         for certain violations; amending s. 938.30, F.S.;
  135         authorizing a judge to convert certain statutory
  136         financial obligations into court-ordered obligations
  137         to perform community service by relying upon specified
  138         information under certain circumstances; amending s.
  139         1003.27, F.S.; deleting provisions relating to
  140         procedures and penalties for nonenrollment and
  141         nonattendance cases; amending ss. 318.14, 322.05,
  142         322.27, and 1003.01, F.S.; conforming provisions to
  143         changes made by the act; providing applicability of
  144         certain changes made by the act; requiring the
  145         department to notify the Division of Law Revision upon
  146         the adoption of certain uniform traffic citation
  147         forms; providing effective dates.
  148          
  149  Be It Enacted by the Legislature of the State of Florida:
  150  
  151         Section 1. Paragraph (a) of subsection (1) of section
  152  27.52, Florida Statutes, is amended to read:
  153         27.52 Determination of indigent status.—
  154         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  155  of a public defender under s. 27.51 based upon an inability to
  156  pay must apply to the clerk of the court for a determination of
  157  indigent status using an application form developed by the
  158  Florida Clerks of Court Operations Corporation with final
  159  approval by the Supreme Court.
  160         (a) The application must include, at a minimum, the
  161  following financial information:
  162         1. Net income, consisting of total salary and wages, minus
  163  deductions required by law, including court-ordered support
  164  payments.
  165         2. Other income, including, but not limited to, social
  166  security benefits, union funds, veterans’ benefits, workers’
  167  compensation, other regular support from absent family members,
  168  public or private employee pensions, reemployment assistance or
  169  unemployment compensation, dividends, interest, rent, trusts,
  170  and gifts.
  171         3. Assets, including, but not limited to, cash, savings
  172  accounts, bank accounts, stocks, bonds, certificates of deposit,
  173  equity in real estate, and equity in a boat or a motor vehicle
  174  or in other tangible property.
  175         4. All liabilities and debts.
  176         5. If applicable, the amount of any bail paid for the
  177  applicant’s release from incarceration and the source of the
  178  funds.
  179  
  180  The application must provide the applicant with the option to
  181  fulfill any court-ordered financial obligation associated with a
  182  case by enrolling in a payment plan or by completing community
  183  service if ordered by the court. The application must include a
  184  signature by the applicant which attests to the truthfulness of
  185  the information provided. The application form developed by the
  186  corporation must include notice that the applicant may seek
  187  court review of a clerk’s determination that the applicant is
  188  not indigent, as provided in this section.
  189         Section 2. Subsections (4) and (6) of section 28.246,
  190  Florida Statutes, are amended to read:
  191         28.246 Payment of court-related fines or other monetary
  192  penalties, fees, charges, and costs; partial payments;
  193  distribution of funds.—
  194         (4) The clerk of the circuit court shall accept partial
  195  payments for court-related fees, service charges, costs, and
  196  fines in accordance with the terms of an established payment
  197  plan. An individual seeking to defer payment of fees, service
  198  charges, costs, or fines imposed by operation of law or order of
  199  the court under any provision of general law, including
  200  individuals found indigent by the clerk or the court, shall
  201  apply to the clerk for enrollment in a payment plan. The clerk
  202  shall accept a qualified individual’s application for a payment
  203  plan and accept The clerk shall enter into a payment plan with
  204  an individual who the court determines is indigent for costs. a
  205  monthly payment amount, calculated based upon all fees and all
  206  anticipated costs. The monthly payment amount may, is presumed
  207  to correspond to the person’s ability to pay if the amount does
  208  not exceed 2 percent of the person’s annual net income, as
  209  defined in s. 27.52(1), divided by 12, or $25 per month,
  210  whichever is less. The court may review the reasonableness of
  211  the payment plan upon motion of the party and may modify the
  212  plan.
  213         (6)(a) A clerk of court shall pursue the collection of any
  214  fees, service charges, fines, court costs, and liens for the
  215  payment of attorney fees and costs pursuant to s. 938.29 which
  216  remain unpaid after 120 90 days by referring the account to a
  217  private attorney who is a member in good standing of The Florida
  218  Bar or collection agent who is registered and in good standing
  219  pursuant to chapter 559. In pursuing the collection of such
  220  unpaid financial obligations through a private attorney or
  221  collection agent, the clerk of the court must have attempted to
  222  collect the unpaid amount through a collection court,
  223  collections docket, or other collections process, if any,
  224  established by the court, find this to be cost-effective and
  225  follow any applicable procurement practices.
  226         (b) In retaining a private attorney or collection agent as
  227  provided in this subsection, the clerk shall solicit competitive
  228  bids from private attorneys or collection agents. The contract
  229  awarded to the successful bidder may be in effect for no longer
  230  than 3 years, with a maximum of two 1-year extensions.
  231         (c) The clerk shall consider all pertinent criteria when
  232  considering bids, including, but not limited to, performance
  233  quality and customer service. The collection fee paid to the
  234  private attorney or collection agent, including any reasonable
  235  attorney’s fee, paid to any attorney or collection agent
  236  retained by the clerk may be added to the balance owed in an
  237  amount not to exceed 40 percent of the amount owed at the time
  238  the account is referred to the attorney or agent for collection.
  239         (d) The clerk may not assess any surcharge to refer the
  240  account to a private attorney or an agent for collection.
  241         (e) The private attorney or collection agent may not impose
  242  any additional fees or surcharges other than the contractually
  243  agreed-upon amounts.
  244         (f) The clerk shall give the private attorney or collection
  245  agent the application for the appointment of court-appointed
  246  counsel regardless of whether the court file is otherwise
  247  confidential from disclosure.
  248         Section 3. Present paragraphs (b), (c), and (d) of
  249  subsection (1) of section 316.650, Florida Statutes, are
  250  redesignated as paragraphs (c), (d), and (e), respectively, a
  251  new paragraph (b) is added to that subsection, and present
  252  paragraph (c) of that subsection is amended, to read:
  253         316.650 Traffic citations.—
  254         (1)
  255         (b) The traffic citation form must include language
  256  indicating that a person may enter into a payment plan with the
  257  clerk of court to pay a penalty. The form must also indicate
  258  that a person ordered to pay a penalty for a noncriminal traffic
  259  infraction and who is unable to comply due to demonstrable
  260  financial hardship is allowed by the court to satisfy the
  261  payment by participating in community service pursuant to s.
  262  318.18(8)(b).
  263         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  264  traffic enforcement agency may produce uniform traffic citations
  265  by electronic means. Such citations must be consistent with the
  266  state traffic court rules and the procedures established by the
  267  department and must be appropriately numbered and inventoried.
  268  Affidavit-of-compliance forms may also be produced by electronic
  269  means.
  270         Section 4. Subsection (4) is added to section 318.15,
  271  Florida Statutes, to read:
  272         318.15 Failure to comply with civil penalty or to appear;
  273  penalty.—
  274         (4) Notwithstanding any other law, a person’s driver
  275  license may not be suspended solely for a failure to pay fees,
  276  service charges, fines, or penalties, unless the clerk of court
  277  demonstrates to the court that the individual has the ability to
  278  pay but is refusing to do so. A court determination of ability
  279  to pay must not be found if the person:
  280         (a) Receives reemployment assistance or unemployment
  281  compensation pursuant to chapter 443;
  282         (b) Receives benefits under the federal Supplemental
  283  Security Income program or Social Security Disability Insurance
  284  program;
  285         (c) Receives temporary cash assistance pursuant to chapter
  286  414;
  287         (d) Is making payments in accordance with a confirmed
  288  bankruptcy plan under chapter 11, chapter 12, or chapter 13 of
  289  the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.;
  290         (e) Is on a payment plan or payment plans with the clerk of
  291  court which in total exceed what is determined to be a
  292  reasonable payment plan pursuant to s. 28.246(4);
  293         (f) Has been determined to be indigent after filing an
  294  application with the clerk in accordance with s. 27.52 or s.
  295  57.082; or
  296         (g) Is incarcerated.
  297         Section 5. Paragraph (b) of subsection (8) of section
  298  318.18, Florida Statutes, is amended to read:
  299         318.18 Amount of penalties.—The penalties required for a
  300  noncriminal disposition pursuant to s. 318.14 or a criminal
  301  offense listed in s. 318.17 are as follows:
  302         (8)
  303         (b)1.a. If a person has been ordered to pay a civil penalty
  304  for a noncriminal traffic infraction and the person is unable to
  305  comply with the court’s order due to demonstrable financial
  306  hardship, the court shall allow the person to satisfy the civil
  307  penalty by participating in community service until the civil
  308  penalty is paid.
  309         b. The court shall inquire at the time the civil penalty is
  310  ordered whether the person is able to pay it.
  311         c. If a court orders a person to perform community service,
  312  the person shall receive credit for the civil penalty at the
  313  specified hourly credit rate per hour of community service
  314  performed, and each hour of community service performed shall
  315  reduce the civil penalty by that amount.
  316         2.a. As used in this paragraph, the term “specified hourly
  317  credit rate” means the wage rate that is specified in 29 U.S.C.
  318  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  319  that is then in effect, and that an employer subject to such
  320  provision must pay per hour to each employee subject to such
  321  provision.
  322         b. However, if a person ordered to perform community
  323  service has a trade or profession for which there is a community
  324  service need, the specified hourly credit rate for each hour of
  325  community service performed by that person shall be the average
  326  prevailing wage rate for the trade or profession that the
  327  community service agency needs.
  328         3.a. The community service agency supervising the person
  329  shall record the number of hours of community service completed
  330  and the date the community service hours were completed. The
  331  community service agency shall submit the data to the clerk of
  332  court on the letterhead of the community service agency, which
  333  must also bear the notarized signature of the person designated
  334  to represent the community service agency.
  335         b. When the number of community service hours completed by
  336  the person equals the amount of the civil penalty, the clerk of
  337  court shall certify this fact to the court. Thereafter, the
  338  clerk of court shall record in the case file that the civil
  339  penalty has been paid in full.
  340         4. As used in this paragraph, the term:
  341         a. “Community service” means uncompensated labor for a
  342  community service agency.
  343         b. “Community service agency” means a not-for-profit
  344  corporation, community organization, charitable organization,
  345  public officer, the state or any political subdivision of the
  346  state, or any other body the purpose of which is to improve the
  347  quality of life or social welfare of the community and which
  348  agrees to accept community service from persons unable to pay
  349  civil penalties for noncriminal traffic infractions.
  350         Section 6. Subsections (1) through (4) of section 322.055,
  351  Florida Statutes, are amended to read:
  352         322.055 Revocation or suspension of, or delay of
  353  eligibility for, driver license for persons 18 years of age or
  354  older convicted of certain drug offenses.—
  355         (1) Notwithstanding s. 322.28, upon the conviction of a
  356  person 18 years of age or older for possession or sale of,
  357  trafficking in, or conspiracy to possess, sell, or traffic in a
  358  controlled substance, the court shall direct the department to
  359  revoke the driver license or driving privilege of the person.
  360  The period of such revocation shall be 6 months 1 year or until
  361  the person is evaluated for and, if deemed necessary by the
  362  evaluating agency, completes a drug treatment and rehabilitation
  363  program approved or regulated by the Department of Children and
  364  Families. However, the court may, in its sound discretion,
  365  direct the department to issue a license for driving privilege
  366  restricted to business or employment purposes only, as defined
  367  by s. 322.271, if the person is otherwise qualified for such a
  368  license. A driver whose license or driving privilege has been
  369  suspended or revoked under this section or s. 322.056 may, upon
  370  the expiration of 6 months, petition the department for
  371  restoration of the driving privilege on a restricted or
  372  unrestricted basis depending on length of suspension or
  373  revocation. In no case shall A restricted license may not be
  374  available until 6 months of the suspension or revocation period
  375  have been completed has expired.
  376         (2) If a person 18 years of age or older is convicted for
  377  the possession or sale of, trafficking in, or conspiracy to
  378  possess, sell, or traffic in a controlled substance and such
  379  person is eligible by reason of age for a driver license or
  380  privilege, the court shall direct the department to withhold
  381  issuance of such person’s driver license or driving privilege
  382  for a period of 6 months 1 year after the date the person was
  383  convicted or until the person is evaluated for and, if deemed
  384  necessary by the evaluating agency, completes a drug treatment
  385  and rehabilitation program approved or regulated by the
  386  Department of Children and Families. However, the court may, in
  387  its sound discretion, direct the department to issue a license
  388  for driving privilege restricted to business or employment
  389  purposes only, as defined by s. 322.271, if the person is
  390  otherwise qualified for such a license. A driver whose license
  391  or driving privilege has been suspended or revoked under this
  392  section or s. 322.056 may, upon the expiration of 6 months,
  393  petition the department for restoration of the driving privilege
  394  on a restricted or unrestricted basis depending on the length of
  395  suspension or revocation. In no case shall A restricted license
  396  may not be available until 6 months of the withholding
  397  suspension or revocation period have been completed has expired.
  398         (3) If a person 18 years of age or older is convicted for
  399  the possession or sale of, trafficking in, or conspiracy to
  400  possess, sell, or traffic in a controlled substance and such
  401  person’s driver license or driving privilege is already under
  402  suspension or revocation for any reason, the court shall direct
  403  the department to extend the period of such suspension or
  404  revocation by an additional period of 6 months 1 year or until
  405  the person is evaluated for and, if deemed necessary by the
  406  evaluating agency, completes a drug treatment and rehabilitation
  407  program approved or regulated by the Department of Children and
  408  Families. However, the court may, in its sound discretion,
  409  direct the department to issue a license for driving privilege
  410  restricted to business or employment purposes only, as defined
  411  by s. 322.271, if the person is otherwise qualified for such a
  412  license. A driver whose license or driving privilege has been
  413  suspended or revoked under this section or s. 322.056 may, upon
  414  the expiration of 6 months, petition the department for
  415  restoration of the driving privilege on a restricted or
  416  unrestricted basis depending on the length of suspension or
  417  revocation. In no case shall A restricted license may not be
  418  available until 6 months of the suspension or revocation period
  419  have been completed has expired.
  420         (4) If a person 18 years of age or older is convicted for
  421  the possession or sale of, trafficking in, or conspiracy to
  422  possess, sell, or traffic in a controlled substance and such
  423  person is ineligible by reason of age for a driver license or
  424  driving privilege, the court shall direct the department to
  425  withhold issuance of such person’s driver license or driving
  426  privilege for a period of 6 months 1 year after the date that he
  427  or she would otherwise have become eligible or until he or she
  428  becomes eligible by reason of age for a driver license and is
  429  evaluated for and, if deemed necessary by the evaluating agency,
  430  completes a drug treatment and rehabilitation program approved
  431  or regulated by the Department of Children and Families.
  432  However, the court may, in its sound discretion, direct the
  433  department to issue a license for driving privilege restricted
  434  to business or employment purposes only, as defined by s.
  435  322.271, if the person is otherwise qualified for such a
  436  license. A driver whose license or driving privilege has been
  437  suspended or revoked under this section or s. 322.056 may, upon
  438  the expiration of 6 months, petition the department for
  439  restoration of the driving privilege on a restricted or
  440  unrestricted basis depending on the length of suspension or
  441  revocation. In no case shall A restricted license may not be
  442  available until 6 months of the withholding suspension or
  443  revocation period have been completed has expired.
  444         Section 7. Section 322.056, Florida Statutes, is amended to
  445  read:
  446         322.056 Mandatory revocation or suspension of, or delay of
  447  eligibility for, driver license for persons under age 18 found
  448  guilty of certain alcohol, drug, or tobacco offenses;
  449  prohibition.—
  450         (1) Notwithstanding the provisions of s. 322.055, if a
  451  person under 18 years of age is found guilty of or delinquent
  452  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  453  and:
  454         (a) The person is eligible by reason of age for a driver
  455  license or driving privilege, the court shall direct the
  456  department to revoke or to withhold issuance of his or her
  457  driver license or driving privilege for a period of 6 months.:
  458         1. Not less than 6 months and not more than 1 year for the
  459  first violation.
  460         2. Two years, for a subsequent violation.
  461         (b) The person’s driver license or driving privilege is
  462  under suspension or revocation for any reason, the court shall
  463  direct the department to extend the period of suspension or
  464  revocation by an additional period of 6 months.:
  465         1. Not less than 6 months and not more than 1 year for the
  466  first violation.
  467         2. Two years, for a subsequent violation.
  468         (c) The person is ineligible by reason of age for a driver
  469  license or driving privilege, the court shall direct the
  470  department to withhold issuance of his or her driver license or
  471  driving privilege for a period of:
  472         1. Not less than 6 months and not more than 1 year after
  473  the date on which he or she would otherwise have become
  474  eligible, for the first violation.
  475         2. Two years after the date on which he or she would
  476  otherwise have become eligible, for a subsequent violation.
  477  
  478  However, the court may, in its sound discretion, direct the
  479  department to issue a license for driving privileges restricted
  480  to business or employment purposes only, as defined in s.
  481  322.271, if the person is otherwise qualified for such a
  482  license.
  483         (2) If a person under 18 years of age is found by the court
  484  to have committed a noncriminal violation under s. 569.11 or s.
  485  877.112(6) or (7) and that person has failed to comply with the
  486  procedures established in that section by failing to fulfill
  487  community service requirements, failing to pay the applicable
  488  fine, or failing to attend a locally available school-approved
  489  anti-tobacco program, and:
  490         (a) The person is eligible by reason of age for a driver
  491  license or driving privilege, the court shall direct the
  492  department to revoke or to withhold issuance of his or her
  493  driver license or driving privilege as follows:
  494         1. For the first violation, for 30 days.
  495         2. For the second violation within 12 weeks of the first
  496  violation, for 45 days.
  497         (b) The person’s driver license or driving privilege is
  498  under suspension or revocation for any reason, the court shall
  499  direct the department to extend the period of suspension or
  500  revocation by an additional period as follows:
  501         1. For the first violation, for 30 days.
  502         2. For the second violation within 12 weeks of the first
  503  violation, for 45 days.
  504         (c) The person is ineligible by reason of age for a driver
  505  license or driving privilege, the court shall direct the
  506  department to withhold issuance of his or her driver license or
  507  driving privilege as follows:
  508         1. For the first violation, for 30 days.
  509         2. For the second violation within 12 weeks of the first
  510  violation, for 45 days.
  511  
  512  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  513  within the 12-week period after the first violation will be
  514  treated as a first violation and in the same manner as provided
  515  in this subsection.
  516         (3) If a person under 18 years of age is found by the court
  517  to have committed a third violation of s. 569.11 or s.
  518  877.112(6) or (7) within 12 weeks of the first violation, the
  519  court must direct the Department of Highway Safety and Motor
  520  Vehicles to suspend or withhold issuance of his or her driver
  521  license or driving privilege for 60 consecutive days. Any third
  522  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  523  12-week period after the first violation will be treated as a
  524  first violation and in the same manner as provided in subsection
  525  (2).
  526         (2)(4) A penalty imposed under this section shall be in
  527  addition to any other penalty imposed by law.
  528         (5) The suspension or revocation of a person’s driver
  529  license imposed pursuant to subsection (2) or subsection (3),
  530  shall not result in or be cause for an increase of the convicted
  531  person’s, or his or her parent’s or legal guardian’s, automobile
  532  insurance rate or premium or result in points assessed against
  533  the person’s driving record.
  534         Section 8. Section 322.057, Florida Statutes, is repealed.
  535         Section 9. Present subsections (4) and (5) of section
  536  322.09, Florida Statutes, are redesignated as subsections (3)
  537  and (4), respectively, and present subsection (3) is amended, to
  538  read:
  539         322.09 Application of minors; responsibility for negligence
  540  or misconduct of minor.—
  541         (3) The department may not issue a driver license or
  542  learner’s driver license to any applicant under the age of 18
  543  years who is not in compliance with the requirements of s.
  544  322.091.
  545         Section 10. Section 322.091, Florida Statutes, is repealed.
  546         Section 11. Subsection (6) is added to section 322.245,
  547  Florida Statutes, to read:
  548         322.245 Suspension of license upon failure of person
  549  charged with specified offense under chapter 316, chapter 320,
  550  or this chapter to comply with directives ordered by traffic
  551  court or upon failure to pay child support in non-IV-D cases as
  552  provided in chapter 61 or failure to pay any financial
  553  obligation in any other criminal case.—
  554         (6) Notwithstanding any other law, a person’s driver
  555  license may not be suspended solely for a failure to pay fees,
  556  service charges, fines, or penalties, unless the clerk of court
  557  demonstrates to the court that the individual has the ability to
  558  pay but is refusing to do so. A court determination of ability
  559  to pay must not be found if the person:
  560         (a) Receives reemployment assistance or unemployment
  561  compensation pursuant to chapter 443;
  562         (b) Receives benefits under the federal Supplemental
  563  Security Income program or Social Security Disability Insurance
  564  program;
  565         (c) Receives temporary cash assistance pursuant to chapter
  566  414;
  567         (d) Is making payments in accordance with a confirmed
  568  bankruptcy plan under chapter 11, chapter 12, or chapter 13 of
  569  the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.;
  570         (e) Is on a payment plan or payment plans with the clerk of
  571  court which in total exceed what is determined to be a
  572  reasonable payment plan pursuant to s. 28.246(4);
  573         (f) Has been determined to be indigent after filing an
  574  application with the clerk in accordance with s. 27.52 or s.
  575  57.082; or
  576         (g) Is incarcerated.
  577         Section 12. Subsection (7) of section 322.251, Florida
  578  Statutes, is repealed.
  579         Section 13. Subsection (8) is added to section 322.271,
  580  Florida Statutes, to read:
  581         322.271 Authority to modify revocation, cancellation, or
  582  suspension order.—
  583         (8) A person whose driver license or privilege to drive has
  584  been suspended under s. 318.15 or s. 322.245, with the exception
  585  of any suspension related to s. 61.13016, may have his or her
  586  driver license or driving privilege reinstated on a restricted
  587  basis by the department in accordance with this section. The
  588  restricted license is valid until the 7-year suspension period
  589  ends as provided in s. 318.15 or until the debt is paid.
  590         Section 14. Subsection (10) of section 322.34, Florida
  591  Statutes, is amended to read:
  592         322.34 Driving while license suspended, revoked, canceled,
  593  or disqualified.—
  594         (10)(a) Notwithstanding any other provision of this
  595  section, if a person does not have a prior forcible felony
  596  conviction as defined in s. 776.08, the penalties provided in
  597  paragraph (b) apply if a person’s driver license or driving
  598  privilege is canceled, suspended, or revoked for:
  599         1. Failing to pay child support as provided in s. 322.245
  600  or s. 61.13016;
  601         2. Failing to pay any other financial obligation as
  602  provided in s. 322.245 other than those specified in s.
  603  322.245(1);
  604         3. Failing to comply with a civil penalty required in s.
  605  318.15;
  606         4. Failing to maintain vehicular financial responsibility
  607  as required by chapter 324; or
  608         5. Failing to comply with attendance or other requirements
  609  for minors as set forth in s. 322.091; or
  610         5.6. Having been designated a habitual traffic offender
  611  under s. 322.264(1)(d) as a result of suspensions of his or her
  612  driver license or driver privilege for any underlying violation
  613  listed in subparagraphs 1.-4. 1.-5.
  614         (b)1. Upon a first conviction for knowingly driving while
  615  his or her license is suspended, revoked, or canceled for any of
  616  the underlying violations listed in subparagraphs (a)1.-5.
  617  (a)1.-6., a person commits a misdemeanor of the second degree,
  618  punishable as provided in s. 775.082 or s. 775.083.
  619         2. Upon a second or subsequent conviction for the same
  620  offense of knowingly driving while his or her license is
  621  suspended, revoked, or canceled for any of the underlying
  622  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  623  commits a misdemeanor of the first degree, punishable as
  624  provided in s. 775.082 or s. 775.083.
  625         Section 15. Paragraph (a) of subsection (1) and paragraph
  626  (c) of subsection (2) of section 562.11, Florida Statutes, are
  627  amended to read:
  628         562.11 Selling, giving, or serving alcoholic beverages to
  629  person under age 21; providing a proper name; misrepresenting or
  630  misstating age or age of another to induce licensee to serve
  631  alcoholic beverages to person under 21; penalties.—
  632         (1)(a)1. A person may not sell, give, serve, or permit to
  633  be served alcoholic beverages to a person under 21 years of age
  634  or permit a person under 21 years of age to consume such
  635  beverages on the licensed premises. A person who violates this
  636  paragraph subparagraph commits a misdemeanor of the second
  637  degree, punishable as provided in s. 775.082 or s. 775.083. A
  638  person who violates this paragraph subparagraph a second or
  639  subsequent time within 1 year after a prior conviction commits a
  640  misdemeanor of the first degree, punishable as provided in s.
  641  775.082 or s. 775.083.
  642         2. In addition to any other penalty imposed for a violation
  643  of subparagraph 1., the court may order the Department of
  644  Highway Safety and Motor Vehicles to withhold the issuance of,
  645  or suspend or revoke, the driver license or driving privilege,
  646  as provided in s. 322.057, of any person who violates
  647  subparagraph 1. This subparagraph does not apply to a licensee,
  648  as defined in s. 561.01, who violates subparagraph 1. while
  649  acting within the scope of his or her license or an employee or
  650  agent of a licensee, as defined in s. 561.01, who violates
  651  subparagraph 1. while engaged within the scope of his or her
  652  employment or agency.
  653         3. A court that withholds the issuance of, or suspends or
  654  revokes, the driver license or driving privilege of a person
  655  pursuant to subparagraph 2. may direct the Department of Highway
  656  Safety and Motor Vehicles to issue the person a license for
  657  driving privilege restricted to business purposes only, as
  658  defined in s. 322.271, if he or she is otherwise qualified.
  659         (2) It is unlawful for any person to misrepresent or
  660  misstate his or her age or the age of any other person for the
  661  purpose of inducing any licensee or his or her agents or
  662  employees to sell, give, serve, or deliver any alcoholic
  663  beverages to a person under 21 years of age, or for any person
  664  under 21 years of age to purchase or attempt to purchase
  665  alcoholic beverages.
  666         (c) In addition to any other penalty imposed for a
  667  violation of this subsection, if a person uses a driver license
  668  or identification card issued by the Department of Highway
  669  Safety and Motor Vehicles in violation of this subsection, the
  670  court:
  671         1. may order the person to participate in public service or
  672  a community work project for a period not to exceed 40 hours;
  673  and
  674         2. Shall direct the Department of Highway Safety and Motor
  675  Vehicles to withhold issuance of, or suspend or revoke, the
  676  person’s driver license or driving privilege, as provided in s.
  677  322.056.
  678         Section 16. Subsection (3) of section 562.111, Florida
  679  Statutes, is repealed.
  680         Section 17. Subsections (1), (2), and (5) of section
  681  569.11, Florida Statutes, are amended to read:
  682         569.11 Possession, misrepresenting age or military service
  683  to purchase, and purchase of tobacco products by persons under
  684  18 years of age prohibited; penalties; jurisdiction; disposition
  685  of fines.—
  686         (1) It is unlawful for any person under 18 years of age to
  687  knowingly possess any tobacco product. Any person under 18 years
  688  of age who violates the provisions of this subsection commits a
  689  noncriminal violation as provided in s. 775.08(3), punishable
  690  by:
  691         (a) For a first violation, 16 hours of community service
  692  or, instead of community service, a $25 fine. In addition, the
  693  person must attend a school-approved anti-tobacco program, if
  694  locally available; or
  695         (b) For a second or subsequent violation within 12 weeks
  696  after of the first violation, a $25 fine; or
  697         (c) For a third or subsequent violation within 12 weeks of
  698  the first violation, the court must direct the Department of
  699  Highway Safety and Motor Vehicles to withhold issuance of or
  700  suspend or revoke the person’s driver license or driving
  701  privilege, as provided in s. 322.056.
  702  
  703  Any second or subsequent violation not within the 12-week time
  704  period after the first violation is punishable as provided for a
  705  first violation.
  706         (2) It is unlawful for any person under 18 years of age to
  707  misrepresent his or her age or military service for the purpose
  708  of inducing a dealer or an agent or employee of the dealer to
  709  sell, give, barter, furnish, or deliver any tobacco product, or
  710  to purchase, or attempt to purchase, any tobacco product from a
  711  person or a vending machine. Any person under 18 years of age
  712  who violates a provision of this subsection commits a
  713  noncriminal violation as provided in s. 775.08(3), punishable
  714  by:
  715         (a) For a first violation, 16 hours of community service
  716  or, instead of community service, a $25 fine. and, In addition,
  717  the person must attend a school-approved anti-tobacco program,
  718  if locally available; or
  719         (b) For a second or subsequent violation within 12 weeks
  720  after of the first violation, a $25 fine; or
  721         (c) For a third or subsequent violation within 12 weeks of
  722  the first violation, the court must direct the Department of
  723  Highway Safety and Motor Vehicles to withhold issuance of or
  724  suspend or revoke the person’s driver license or driving
  725  privilege, as provided in s. 322.056.
  726  
  727  Any second or subsequent violation not within the 12-week time
  728  period after the first violation is punishable as provided for a
  729  first violation.
  730         (5)(a) If a person under 18 years of age is found by the
  731  court to have committed a noncriminal violation under this
  732  section and that person has failed to complete community
  733  service, pay the fine as required by paragraph (1)(a) or
  734  paragraph (2)(a), or attend a school-approved anti-tobacco
  735  program, if locally available, the court may must direct the
  736  Department of Highway Safety and Motor Vehicles to withhold
  737  issuance of or suspend the driver license or driving privilege
  738  of that person for a period of 30 consecutive days.
  739         (b) If a person under 18 years of age is found by the court
  740  to have committed a noncriminal violation under this section and
  741  that person has failed to pay the applicable fine as required by
  742  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  743  the Department of Highway Safety and Motor Vehicles to withhold
  744  issuance of or suspend the driver license or driving privilege
  745  of that person for a period of 45 consecutive days.
  746         Section 18. Subsections (5) and (10) of section 790.22,
  747  Florida Statutes, are amended to read:
  748         790.22 Use of BB guns, air or gas-operated guns, or
  749  electric weapons or devices by minor under 16; limitation;
  750  possession of firearms by minor under 18 prohibited; penalties.—
  751         (5)(a) A minor who violates subsection (3) commits a
  752  misdemeanor of the first degree; for a first offense, may serve
  753  a period of detention of up to 3 days in a secure detention
  754  facility; and, in addition to any other penalty provided by law,
  755  shall be required to perform 100 hours of community service;
  756  and:
  757         1. If the minor is eligible by reason of age for a driver
  758  license or driving privilege, the court shall direct the
  759  Department of Highway Safety and Motor Vehicles to revoke or to
  760  withhold issuance of the minor’s driver license or driving
  761  privilege for up to 1 year.
  762         2. If the minor’s driver license or driving privilege is
  763  under suspension or revocation for any reason, the court shall
  764  direct the Department of Highway Safety and Motor Vehicles to
  765  extend the period of suspension or revocation by an additional
  766  period of up to 1 year.
  767         3. If the minor is ineligible by reason of age for a driver
  768  license or driving privilege, the court shall direct the
  769  Department of Highway Safety and Motor Vehicles to withhold
  770  issuance of the minor’s driver license or driving privilege for
  771  up to 1 year after the date on which the minor would otherwise
  772  have become eligible.
  773         (b) For a second or subsequent offense, a minor who
  774  violates subsection (3) commits a felony of the third degree and
  775  shall serve a period of detention of up to 15 days in a secure
  776  detention facility and shall be required to perform not less
  777  than 100 or nor more than 250 hours of community service, and:
  778         1. If the minor is eligible by reason of age for a driver
  779  license or driving privilege, the court shall direct the
  780  Department of Highway Safety and Motor Vehicles to revoke or to
  781  withhold issuance of the minor’s driver license or driving
  782  privilege for up to 2 years.
  783         2. If the minor’s driver license or driving privilege is
  784  under suspension or revocation for any reason, the court shall
  785  direct the Department of Highway Safety and Motor Vehicles to
  786  extend the period of suspension or revocation by an additional
  787  period of up to 2 years.
  788         3. If the minor is ineligible by reason of age for a driver
  789  license or driving privilege, the court shall direct the
  790  Department of Highway Safety and Motor Vehicles to withhold
  791  issuance of the minor’s driver license or driving privilege for
  792  up to 2 years after the date on which the minor would otherwise
  793  have become eligible.
  794  
  795  For the purposes of this subsection, community service shall be
  796  performed, if possible, in a manner involving a hospital
  797  emergency room or other medical environment that deals on a
  798  regular basis with trauma patients and gunshot wounds.
  799         (10) If a minor is found to have committed an offense under
  800  subsection (9), the court shall impose the following penalties
  801  in addition to any penalty imposed under paragraph (9)(a) or
  802  paragraph (9)(b):
  803         (a) For a first offense:
  804         1. If the minor is eligible by reason of age for a driver
  805  license or driving privilege, the court shall direct the
  806  Department of Highway Safety and Motor Vehicles to revoke or to
  807  withhold issuance of the minor’s driver license or driving
  808  privilege for up to 1 year.
  809         2. If the minor’s driver license or driving privilege is
  810  under suspension or revocation for any reason, the court shall
  811  direct the Department of Highway Safety and Motor Vehicles to
  812  extend the period of suspension or revocation by an additional
  813  period for up to 1 year.
  814         3. If the minor is ineligible by reason of age for a driver
  815  license or driving privilege, the court shall direct the
  816  Department of Highway Safety and Motor Vehicles to withhold
  817  issuance of the minor’s driver license or driving privilege for
  818  up to 1 year after the date on which the minor would otherwise
  819  have become eligible.
  820         (b) For a second or subsequent offense:
  821         1. If the minor is eligible by reason of age for a driver
  822  license or driving privilege, the court shall direct the
  823  Department of Highway Safety and Motor Vehicles to revoke or to
  824  withhold issuance of the minor’s driver license or driving
  825  privilege for up to 2 years.
  826         2. If the minor’s driver license or driving privilege is
  827  under suspension or revocation for any reason, the court shall
  828  direct the Department of Highway Safety and Motor Vehicles to
  829  extend the period of suspension or revocation by an additional
  830  period for up to 2 years.
  831         3. If the minor is ineligible by reason of age for a driver
  832  license or driving privilege, the court shall direct the
  833  Department of Highway Safety and Motor Vehicles to withhold
  834  issuance of the minor’s driver license or driving privilege for
  835  up to 2 years after the date on which the minor would otherwise
  836  have become eligible.
  837         Section 19. Present subsections (7) and (8) of section
  838  806.13, Florida Statutes, are amended, and present subsection
  839  (9) of that section is redesignated as subsection (7), to read:
  840         806.13 Criminal mischief; penalties; penalty for minor.—
  841         (7) In addition to any other penalty provided by law, if a
  842  minor is found to have committed a delinquent act under this
  843  section for placing graffiti on any public property or private
  844  property, and:
  845         (a) The minor is eligible by reason of age for a driver
  846  license or driving privilege, the court shall direct the
  847  Department of Highway Safety and Motor Vehicles to revoke or
  848  withhold issuance of the minor’s driver license or driving
  849  privilege for not more than 1 year.
  850         (b) The minor’s driver license or driving privilege is
  851  under suspension or revocation for any reason, the court shall
  852  direct the Department of Highway Safety and Motor Vehicles to
  853  extend the period of suspension or revocation by an additional
  854  period of not more than 1 year.
  855         (c) The minor is ineligible by reason of age for a driver
  856  license or driving privilege, the court shall direct the
  857  Department of Highway Safety and Motor Vehicles to withhold
  858  issuance of the minor’s driver license or driving privilege for
  859  not more than 1 year after the date on which he or she would
  860  otherwise have become eligible.
  861         (8) A minor whose driver license or driving privilege is
  862  revoked, suspended, or withheld under subsection (7) may elect
  863  to reduce the period of revocation, suspension, or withholding
  864  by performing community service at the rate of 1 day for each
  865  hour of community service performed. In addition, if the court
  866  determines that due to a family hardship, the minor’s driver
  867  license or driving privilege is necessary for employment or
  868  medical purposes of the minor or a member of the minor’s family,
  869  the court shall order the minor to perform community service and
  870  reduce the period of revocation, suspension, or withholding at
  871  the rate of 1 day for each hour of community service performed.
  872  As used in this subsection, the term “community service” means
  873  cleaning graffiti from public property.
  874         Section 20. Section 812.0155, Florida Statutes, is
  875  repealed.
  876         Section 21. Section 832.09, Florida Statutes, is repealed.
  877         Section 22. Paragraph (a) of subsection (3) of section
  878  847.0141, Florida Statutes, is amended to read:
  879         847.0141 Sexting; prohibited acts; penalties.—
  880         (3) A minor who violates subsection (1):
  881         (a) Commits a noncriminal violation for a first violation.
  882  The minor must sign and accept a citation indicating a promise
  883  to appear before the juvenile court. In lieu of appearing in
  884  court, the minor may complete 8 hours of community service work,
  885  pay a $60 civil penalty, or participate in a cyber-safety
  886  program if such a program is locally available. The minor must
  887  satisfy any penalty within 30 days after receipt of the
  888  citation.
  889         1. A citation issued to a minor under this subsection must
  890  be in a form prescribed by the issuing law enforcement agency,
  891  must be signed by the minor, and must contain all of the
  892  following:
  893         a. The date and time of issuance.
  894         b. The name and address of the minor to whom the citation
  895  is issued.
  896         c. A thumbprint of the minor to whom the citation is
  897  issued.
  898         d. Identification of the noncriminal violation and the time
  899  it was committed.
  900         e. The facts constituting reasonable cause.
  901         f. The specific section of law violated.
  902         g. The name and authority of the citing officer.
  903         h. The procedures that the minor must follow to contest the
  904  citation, perform the required community service, pay the civil
  905  penalty, or participate in a cyber-safety program.
  906         2. If the citation is contested and the court determines
  907  that the minor committed a noncriminal violation under this
  908  section, the court may order the minor to perform 8 hours of
  909  community service, pay a $60 civil penalty, or participate in a
  910  cyber-safety program, or any combination thereof.
  911         3. A minor who fails to comply with the citation waives his
  912  or her right to contest it, and the court may impose any of the
  913  penalties identified in subparagraph 2. or issue an order to
  914  show cause. Upon a finding of contempt, the court may impose
  915  additional age-appropriate penalties, which may include issuance
  916  of an order to the Department of Highway Safety and Motor
  917  Vehicles to withhold issuance of, or suspend the driver license
  918  or driving privilege of, the minor for 30 consecutive days.
  919  However, the court may not impose incarceration.
  920         Section 23. Subsections (6) and (7) and paragraphs (c) and
  921  (d) of subsection (8) of section 877.112, Florida Statutes, are
  922  amended to read:
  923         877.112 Nicotine products and nicotine dispensing devices;
  924  prohibitions for minors; penalties; civil fines; signage
  925  requirements; preemption.—
  926         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  927  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  928  person under 18 years of age to knowingly possess any nicotine
  929  product or a nicotine dispensing device. Any person under 18
  930  years of age who violates this subsection commits a noncriminal
  931  violation as defined in s. 775.08(3), punishable by:
  932         (a) For a first violation, 16 hours of community service
  933  or, instead of community service, a $25 fine. In addition, the
  934  person must attend a school-approved anti-tobacco and nicotine
  935  program, if locally available; or
  936         (b) For a second or subsequent violation within 12 weeks
  937  after of the first violation, a $25 fine; or
  938         (c) For a third or subsequent violation within 12 weeks of
  939  the first violation, the court must direct the Department of
  940  Highway Safety and Motor Vehicles to withhold issuance of or
  941  suspend or revoke the person’s driver license or driving
  942  privilege, as provided in s. 322.056.
  943  
  944  Any second or subsequent violation not within the 12-week time
  945  period after the first violation is punishable as provided for a
  946  first violation.
  947         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  948  any person under 18 years of age to misrepresent his or her age
  949  or military service for the purpose of inducing a retailer of
  950  nicotine products or nicotine dispensing devices or an agent or
  951  employee of such retailer to sell, give, barter, furnish, or
  952  deliver any nicotine product or nicotine dispensing device, or
  953  to purchase, or attempt to purchase, any nicotine product or
  954  nicotine dispensing device from a person or a vending machine.
  955  Any person under 18 years of age who violates this subsection
  956  commits a noncriminal violation as defined in s. 775.08(3),
  957  punishable by:
  958         (a) For a first violation, 16 hours of community service
  959  or, instead of community service, a $25 fine. and, In addition,
  960  the person must attend a school-approved anti-tobacco and
  961  nicotine program, if locally available; or
  962         (b) For a second or subsequent violation within 12 weeks
  963  after of the first violation, a $25 fine; or
  964         (c) For a third or subsequent violation within 12 weeks of
  965  the first violation, the court must direct the Department of
  966  Highway Safety and Motor Vehicles to withhold issuance of or
  967  suspend or revoke the person’s driver license or driving
  968  privilege, as provided in s. 322.056.
  969  
  970  Any second or subsequent violation not within the 12-week time
  971  period after the first violation is punishable as provided for a
  972  first violation.
  973         (8) PENALTIES FOR MINORS.—
  974         (c) If a person under 18 years of age is found by the court
  975  to have committed a noncriminal violation under this section and
  976  that person has failed to complete community service, pay the
  977  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  978  attend a school-approved anti-tobacco and nicotine program, if
  979  locally available, the court may must direct the Department of
  980  Highway Safety and Motor Vehicles to withhold issuance of or
  981  suspend the driver license or driving privilege of that person
  982  for 30 consecutive days.
  983         (d) If a person under 18 years of age is found by the court
  984  to have committed a noncriminal violation under this section and
  985  that person has failed to pay the applicable fine as required by
  986  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  987  the Department of Highway Safety and Motor Vehicles to withhold
  988  issuance of or suspend the driver license or driving privilege
  989  of that person for 45 consecutive days.
  990         Section 24. Subsection (2) of section 938.30, Florida
  991  Statutes, is amended to read:
  992         938.30 Financial obligations in criminal cases;
  993  supplementary proceedings.—
  994         (2) The court may require a person liable for payment of an
  995  obligation to appear and be examined under oath concerning the
  996  person’s financial ability to pay the obligation. The judge may
  997  convert the statutory financial obligation into a court-ordered
  998  obligation to perform community service, subject to the
  999  provisions of s. 318.18(8), after examining a person under oath
 1000  and determining the person’s inability to pay, or by relying
 1001  upon information provided under s. 27.52(1)(a). Any person who
 1002  fails to attend a hearing may be arrested on warrant or capias
 1003  issued by the clerk upon order of the court.
 1004         Section 25. Subsection (2) of section 1003.27, Florida
 1005  Statutes, is amended to read:
 1006         1003.27 Court procedure and penalties.—The court procedure
 1007  and penalties for the enforcement of the provisions of this
 1008  part, relating to compulsory school attendance, shall be as
 1009  follows:
 1010         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
 1011         (a) In each case of nonenrollment or of nonattendance upon
 1012  the part of a student who is required to attend some school,
 1013  when no valid reason for such nonenrollment or nonattendance is
 1014  found, the district school superintendent shall institute a
 1015  criminal prosecution against the student’s parent. However,
 1016  criminal prosecution may not be instituted against the student’s
 1017  parent until the school and school district have complied with
 1018  s. 1003.26.
 1019         (b) Each public school principal or the principal’s
 1020  designee shall notify the district school board of each minor
 1021  student under its jurisdiction who accumulates 15 unexcused
 1022  absences in a period of 90 calendar days. The district school
 1023  superintendent must provide the Department of Highway Safety and
 1024  Motor Vehicles the legal name, sex, date of birth, and social
 1025  security number of each minor student who has been reported
 1026  under this paragraph and who fails to otherwise satisfy the
 1027  requirements of s. 322.091. The Department of Highway Safety and
 1028  Motor Vehicles may not issue a driver license or learner’s
 1029  driver license to, and shall suspend any previously issued
 1030  driver license or learner’s driver license of, any such minor
 1031  student, pursuant to the provisions of s. 322.091.
 1032         (c)Each designee of the governing body of each private
 1033  school and each parent whose child is enrolled in a home
 1034  education program may provide the Department of Highway Safety
 1035  and Motor Vehicles with the legal name, sex, date of birth, and
 1036  social security number of each minor student under his or her
 1037  jurisdiction who fails to satisfy relevant attendance
 1038  requirements and who fails to otherwise satisfy the requirements
 1039  of s. 322.091. The Department of Highway Safety and Motor
 1040  Vehicles may not issue a driver license or learner’s driver
 1041  license to, and shall suspend any previously issued driver
 1042  license or learner’s driver license of, any such minor student
 1043  pursuant to s. 322.091.
 1044         Section 26. Paragraph (a) of subsection (10) of section
 1045  318.14, Florida Statutes, is amended to read:
 1046         318.14 Noncriminal traffic infractions; exception;
 1047  procedures.—
 1048         (10)(a) Any person who does not hold a commercial driver
 1049  license or commercial learner’s permit and who is cited while
 1050  driving a noncommercial motor vehicle for an offense listed
 1051  under this subsection may, in lieu of payment of fine or court
 1052  appearance, elect to enter a plea of nolo contendere and provide
 1053  proof of compliance to the clerk of the court, designated
 1054  official, or authorized operator of a traffic violations bureau.
 1055  In such case, adjudication shall be withheld; however, a person
 1056  may not make an election under this subsection if the person has
 1057  made an election under this subsection in the preceding 12
 1058  months. A person may not make more than three elections under
 1059  this subsection. This subsection applies to the following
 1060  offenses:
 1061         1. Operating a motor vehicle without a valid driver license
 1062  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
 1063  operating a motor vehicle with a license that has been suspended
 1064  for failure to appear, failure to pay civil penalty, or failure
 1065  to attend a driver improvement course pursuant to s. 322.291.
 1066         2. Operating a motor vehicle without a valid registration
 1067  in violation of s. 320.0605, s. 320.07, or s. 320.131.
 1068         3. Operating a motor vehicle in violation of s. 316.646.
 1069         4. Operating a motor vehicle with a license that has been
 1070  suspended under s. 61.13016 or s. 322.245 for failure to pay
 1071  child support or for failure to pay any other financial
 1072  obligation as provided in s. 322.245; however, this subparagraph
 1073  does not apply if the license has been suspended pursuant to s.
 1074  322.245(1).
 1075         5. Operating a motor vehicle with a license that has been
 1076  suspended under s. 322.091 for failure to meet school attendance
 1077  requirements.
 1078         Section 27. Subsections (1) and (2) of section 322.05,
 1079  Florida Statutes, are amended to read:
 1080         322.05 Persons not to be licensed.—The department may not
 1081  issue a license:
 1082         (1) To a person who is under the age of 16 years, except
 1083  that the department may issue a learner’s driver license to a
 1084  person who is at least 15 years of age and who meets the
 1085  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
 1086  other applicable law or rule.
 1087         (2) To a person who is at least 16 years of age but is
 1088  under 18 years of age unless the person meets the requirements
 1089  of s. 322.091 and holds a valid:
 1090         (a) Learner’s driver license for at least 12 months, with
 1091  no moving traffic convictions, before applying for a license;
 1092         (b) Learner’s driver license for at least 12 months and who
 1093  has a moving traffic conviction but elects to attend a traffic
 1094  driving school for which adjudication must be withheld pursuant
 1095  to s. 318.14; or
 1096         (c) License that was issued in another state or in a
 1097  foreign jurisdiction and that would not be subject to suspension
 1098  or revocation under the laws of this state.
 1099         Section 28. Paragraph (b) of subsection (5) of section
 1100  322.27, Florida Statutes, is amended to read:
 1101         322.27 Authority of department to suspend or revoke driver
 1102  license or identification card.—
 1103         (5)
 1104         (b) If a person whose driver license has been revoked under
 1105  paragraph (a) as a result of a third violation of driving a
 1106  motor vehicle while his or her license is suspended or revoked
 1107  provides proof of compliance for an offense listed in s.
 1108  318.14(10)(a)1.-4. s. 318.14(10)(a)1.-5., the clerk of court
 1109  shall submit an amended disposition to remove the habitual
 1110  traffic offender designation.
 1111         Section 29. Subsection (9) of section 1003.01, Florida
 1112  Statutes, is amended to read:
 1113         1003.01 Definitions.—As used in this chapter, the term:
 1114         (9) “Dropout” means a student who meets any one or more of
 1115  the following criteria:
 1116         (a) The student has voluntarily removed himself or herself
 1117  from the school system before graduation for reasons that
 1118  include, but are not limited to, marriage, or the student has
 1119  withdrawn from school because he or she has failed the statewide
 1120  student assessment test and thereby does not receive any of the
 1121  certificates of completion;
 1122         (b) The student has not met the relevant attendance
 1123  requirements of the school district pursuant to State Board of
 1124  Education rules, or the student was expected to attend a school
 1125  but did not enter as expected for unknown reasons, or the
 1126  student’s whereabouts are unknown;
 1127         (c) The student has withdrawn from school, but has not
 1128  transferred to another public or private school or enrolled in
 1129  any career, adult, home education, or alternative educational
 1130  program;
 1131         (d) The student has withdrawn from school due to hardship,
 1132  unless such withdrawal has been granted because of under the
 1133  provisions of s. 322.091, court action, expulsion, medical
 1134  reasons, or pregnancy; or
 1135         (e) The student is not eligible to attend school because of
 1136  reaching the maximum age for an exceptional student program in
 1137  accordance with the district’s policy.
 1138  
 1139  The State Board of Education may adopt rules to implement the
 1140  provisions of this subsection.
 1141         Section 30. The amendments made by this act to s. 316.650,
 1142  Florida Statutes, shall take effect upon the depletion of the
 1143  current inventory of uniform traffic citation forms and the
 1144  adoption by rule of new uniform traffic citation forms. The
 1145  Department of Highway Safety and Motor Vehicles shall notify the
 1146  Division of Law Revision upon the adoption of the new forms.
 1147         Section 31. Except as otherwise expressly provided in this
 1148  act and except for this section, which shall take effect upon
 1149  this act becoming a law, this act shall take effect October 1,
 1150  2019.

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