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, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [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.
