Florida Senate - 2022                                     SB 870
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00633-22                                            2022870__
    1                        A bill to be entitled                      
    2         An act relating to driver license suspensions;
    3         amending s. 318.15, F.S.; deleting provisions
    4         requiring driver license suspensions for specified
    5         reasons; deleting a requirement for the Department of
    6         Highway Safety and Motor Vehicles to maintain records
    7         of such suspensions for a specified timeframe;
    8         revising requirements and procedures for reinstating
    9         driver licenses of certain persons; amending s.
   10         322.245, F.S.; deleting a requirement for a clerk of
   11         court to send a specified notice to certain persons;
   12         deleting the authority for a clerk of court to collect
   13         certain delinquency fees; revising requirements and
   14         procedures for the reinstatement of driver licenses
   15         suspended for specified reasons; deleting requirements
   16         and procedures for the department relating to certain
   17         driver license suspensions; amending ss. 316.192,
   18         318.14, 320.03, 320.571, 322.29, 322.34, and 322.391,
   19         F.S.; conforming provisions to changes made by the
   20         act; providing a directive to the Division of Law
   21         Revision; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 318.15, Florida Statutes, is amended to
   26  read:
   27         318.15 Failure to attend driver improvement school; request
   28  for hearing comply with civil penalty or to appear; penalty.—
   29         (1)(a) If a person fails to comply with the civil penalties
   30  provided in s. 318.18 within the time period specified in s.
   31  318.14(4), fails to enter into or comply with the terms of a
   32  penalty payment plan with the clerk of the court in accordance
   33  with ss. 318.14 and 28.246, fails to attend driver improvement
   34  school, or fails to appear at a scheduled hearing, the clerk of
   35  the court must notify the Department of Highway Safety and Motor
   36  Vehicles of such failure within 10 days after such failure. Upon
   37  receipt of such notice, the department must immediately issue an
   38  order suspending the driver license and privilege to drive of
   39  such person effective 20 days after the date the order of
   40  suspension is mailed in accordance with s. 322.251(1), (2), and
   41  (6). The order also must inform the person that he or she may
   42  contact the clerk of the court to establish a payment plan
   43  pursuant to s. 28.246(4) to make partial payments for court
   44  related fines, fees, service charges, and court costs. Any such
   45  suspension of the driving privilege which has not been
   46  reinstated, including a similar suspension imposed outside of
   47  this state, must remain on the records of the department for a
   48  period of 7 years from the date imposed and must be removed from
   49  the records after the expiration of 7 years from the date it is
   50  imposed. The department may not accept the resubmission of such
   51  suspension.
   52         (b) However, A person who elects to attend driver
   53  improvement school and has paid the civil penalty as provided in
   54  s. 318.14(9) but who subsequently fails to attend the driver
   55  improvement school within the time specified by the court is
   56  deemed to have admitted the infraction and shall be adjudicated
   57  guilty. If the person received an 18-percent reduction pursuant
   58  to s. 318.14(9), the person must pay the clerk of the court that
   59  amount and a processing fee of up to $18, from which the clerk
   60  shall remit $3 to the Department of Revenue for deposit into the
   61  General Revenue Fund, after which additional penalties, court
   62  costs, or surcharges may not be imposed for the violation. In
   63  all other such cases, the person must pay the clerk a processing
   64  fee of up to $18, from which the clerk shall remit $3 to the
   65  Department of Revenue for deposit into the General Revenue Fund,
   66  after which additional penalties, court costs, or surcharges may
   67  not be imposed for the violation. The clerk of the court shall
   68  notify the department of the person’s failure to attend driver
   69  improvement school and points shall be assessed pursuant to s.
   70  322.27.
   71         (b)(c) A person who is charged with a traffic infraction
   72  may request a hearing within 180 days after the date upon which
   73  the violation occurred, regardless of any action taken by the
   74  court or the department to suspend the person’s driving
   75  privilege, and, upon request, the clerk must set the case for
   76  hearing. The person shall be given a form for requesting that
   77  his or her driving privilege be reinstated. If the 180th day
   78  after the date upon which the violation occurred is a Saturday,
   79  Sunday, or legal holiday, the person who is charged must request
   80  a hearing within 177 days after the date upon which the
   81  violation occurred; however, the court may grant a request for a
   82  hearing made more than 180 days after the date upon which the
   83  violation occurred. This paragraph does not affect the
   84  assessment of late fees as otherwise provided in this chapter.
   85         (2) After the suspension of a person’s driver license and
   86  privilege to drive under subsection (1), the license and
   87  privilege may not be reinstated until the person complies with
   88  the terms of a periodic payment plan or a revised payment plan
   89  with the clerk of the court pursuant to ss. 318.14 and 28.246 or
   90  with all obligations and penalties imposed under s. 318.18 and
   91  presents to a driver license office a certificate of compliance
   92  issued by the court, together with a nonrefundable service
   93  charge of $60 imposed under s. 322.29, or presents a certificate
   94  of compliance and pays the service charge to the clerk of the
   95  court or a driver licensing agent authorized under s. 322.135
   96  clearing such suspension. Of the charge collected, $22.50 shall
   97  be remitted to the Department of Revenue to be deposited into
   98  the Highway Safety Operating Trust Fund. Such person must also
   99  be in compliance with requirements of chapter 322 before
  100  reinstatement.
  101         (2)(3)A person whose driver license was suspended before
  102  the effective date of this act solely for nonpayment pursuant to
  103  former s. 318.15 and whose license is reinstated pursuant to
  104  subsection (3) or s. 322.245(4) may obtain a reinstated driver
  105  license upon payment of a single reinstatement fee The clerk
  106  shall notify the department of persons who were mailed a notice
  107  of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to
  108  s. 316.0083 and who failed to enter into, or comply with the
  109  terms of, a penalty payment plan, or order with the clerk to the
  110  local hearing officer or failed to appear at a scheduled hearing
  111  within 10 days after such failure, and shall reference the
  112  person’s driver license number, or in the case of a business
  113  entity, vehicle registration number.
  114         (a) Upon receipt of such notice, the department, or
  115  authorized agent thereof, may not issue a license plate or
  116  revalidation sticker for any motor vehicle owned or co-owned by
  117  that person pursuant to s. 320.03(8) until the amounts assessed
  118  have been fully paid.
  119         (b) After the issuance of the person’s license plate or
  120  revalidation sticker is withheld pursuant to paragraph (a), the
  121  person may challenge the withholding of the license plate or
  122  revalidation sticker only on the basis that the outstanding
  123  fines and civil penalties have been paid pursuant to s.
  124  320.03(8).
  125         (3)The department shall automatically reinstate any driver
  126  license that was suspended as of the effective date of this act
  127  pursuant to former s. 318.15 or former s. 322.245 if the only
  128  reason for the suspension was the failure to pay a financial
  129  obligation for a traffic infraction or for a criminal case.
  130         Section 2. Section 322.245, Florida Statutes, is amended to
  131  read:
  132         322.245 Suspension of license upon failure of person
  133  charged with specified offense under chapter 316, chapter 320,
  134  or this chapter to comply with directives ordered by traffic
  135  court or upon failure to pay child support in non-IV-D cases as
  136  provided in chapter 61 or failure to pay any financial
  137  obligation in any other criminal case.—
  138         (1) If a person charged with a violation of any of the
  139  criminal offenses enumerated in s. 318.17 or with the commission
  140  of any offense constituting a misdemeanor under chapter 320 or
  141  this chapter fails to comply with all of the directives of the
  142  court within the time allotted by the court, the clerk of the
  143  court must provide the person, either electronically or by mail
  144  sent to the address specified on the uniform traffic citation, a
  145  notice of such failure, notifying him or her that, if he or she
  146  does not comply with the directives of the court within 30 days
  147  after the date of the notice and pay a delinquency fee of up to
  148  $25 to the clerk, from which the clerk shall remit $10 to the
  149  Department of Revenue for deposit into the General Revenue Fund,
  150  his or her driver license will be suspended. The notice must be
  151  sent no later than 5 days after such failure. The delinquency
  152  fee may be retained by the office of the clerk to defray the
  153  operating costs of the office.
  154         (2) In non-IV-D cases, if a person fails to pay child
  155  support under chapter 61 and the obligee so requests, the
  156  depository or the clerk of the court shall mail in accordance
  157  with s. 61.13016 the notice specified in that section, notifying
  158  him or her that if he or she does not comply with the
  159  requirements of that section and pay a delinquency fee of $25 to
  160  the depository or the clerk, his or her driver license and motor
  161  vehicle registration will be suspended. The delinquency fee may
  162  be retained by the depository or the office of the clerk to
  163  defray the operating costs of the office after the clerk remits
  164  $15 to the Department of Revenue for deposit into the General
  165  Revenue Fund.
  166         (2)(3) If the person fails to comply with the directives of
  167  the court within the 30-day period, or, in non-IV-D cases, fails
  168  to comply with the requirements of s. 61.13016 within the period
  169  specified in that statute, the depository or the clerk of the
  170  court must electronically notify the department of such failure
  171  within 10 days. Upon electronic receipt of the notice, the
  172  department shall immediately issue an order suspending the
  173  person’s driver license and privilege to drive effective 20 days
  174  after the date the order of suspension is mailed in accordance
  175  with s. 322.251(1), (2), and (6). The order of suspension must
  176  also contain information specifying that the person may contact
  177  the clerk of the court to establish a payment plan pursuant to
  178  s. 28.246(4) to make partial payments for fines, fees, service
  179  charges, and court costs.
  180         (3)(4) After suspension of the driver license of a person
  181  pursuant to subsection (1) or, subsection (2), or subsection
  182  (3), the license may not be reinstated until the person complies
  183  with all court directives imposed upon him or her, including
  184  payment of the delinquency fee imposed by subsection (1), and
  185  presents certification of such compliance to a driver licensing
  186  office and complies with the requirements of this chapter or, in
  187  the case of a license suspended for nonpayment of child support
  188  in non-IV-D cases, until the person complies with the
  189  reinstatement provisions of s. 322.058 and makes payment of the
  190  delinquency fee imposed by subsection (2).
  191         (4)The department shall automatically reinstate any driver
  192  license that was suspended as of the effective date of this act
  193  pursuant to former s. 318.15 or former s. 322.245 if the only
  194  reason for the suspension was the failure to pay a financial
  195  obligation for a traffic infraction or for a criminal case and
  196  the person whose driver license was suspended pays the
  197  reinstatement fee provided in s. 318.15(2).
  198         (5)(a) When the department receives notice from a clerk of
  199  the court that a person licensed to operate a motor vehicle in
  200  this state under the provisions of this chapter has failed to
  201  pay financial obligations for any criminal offense other than
  202  those specified in subsection (1), in full or in part under a
  203  payment plan pursuant to s. 28.246(4), the department must
  204  suspend the license of the person named in the notice. The
  205  department shall mail an order of suspension in accordance with
  206  s. 322.251(1), (2), and (6), which must also contain information
  207  specifying that the person may contact the clerk of the court to
  208  establish a payment plan pursuant to s. 28.246(4) to make
  209  partial payments for fines, fees, service charges, and court
  210  costs.
  211         (b) The department must reinstate the driving privilege
  212  when the clerk of the court provides an affidavit to the
  213  department stating that:
  214         1. The person has satisfied the financial obligation in
  215  full or made all payments currently due under a payment plan;
  216         2. The person has entered into a written agreement for
  217  payment of the financial obligation if not presently enrolled in
  218  a payment plan; or
  219         3. A court has entered an order granting relief to the
  220  person ordering the reinstatement of the license.
  221         (5)(c) The department shall not be held liable for any
  222  license suspension resulting from the discharge of its duties
  223  under this section.
  224         Section 3. Subsection (5) of section 316.192, Florida
  225  Statutes, is amended to read:
  226         316.192 Reckless driving.—
  227         (5) In addition to any other penalty provided under this
  228  section, if the court has reasonable cause to believe that the
  229  use of alcohol, chemical substances set forth in s. 877.111, or
  230  substances controlled under chapter 893 contributed to a
  231  violation of this section, the court shall direct the person so
  232  convicted to complete a DUI program substance abuse education
  233  course and evaluation as provided in s. 316.193(5) within a
  234  reasonable period of time specified by the court. If the DUI
  235  program conducting such course and evaluation refers the person
  236  to an authorized substance abuse treatment provider for
  237  substance abuse evaluation and treatment, the directive of the
  238  court requiring completion of such course, evaluation, and
  239  treatment shall be enforced as provided in former s. 322.245,
  240  Florida Statutes 2021. The referral to treatment resulting from
  241  the DUI program evaluation may not be waived without a
  242  supporting independent psychosocial evaluation conducted by an
  243  authorized substance abuse treatment provider, appointed by the
  244  court, which shall have access to the DUI program psychosocial
  245  evaluation before the independent psychosocial evaluation is
  246  conducted. The court shall review the results and
  247  recommendations of both evaluations before determining the
  248  request for waiver. The offender shall bear the full cost of
  249  this procedure. If a person directed to a DUI program substance
  250  abuse education course and evaluation or referred to treatment
  251  under this subsection fails to report for or complete such
  252  course, evaluation, or treatment, the DUI program shall notify
  253  the court and the department of the failure. Upon receipt of
  254  such notice, the department shall cancel the person’s driving
  255  privilege, notwithstanding the terms of the court order or any
  256  suspension or revocation of the driving privilege. The
  257  department may reinstate the driving privilege upon verification
  258  from the DUI program that the education, evaluation, and
  259  treatment are completed. The department may temporarily
  260  reinstate the driving privilege on a restricted basis upon
  261  verification that the offender is currently participating in
  262  treatment and has completed the DUI education course and
  263  evaluation requirement. If the DUI program notifies the
  264  department of the second failure to complete treatment, the
  265  department shall reinstate the driving privilege only after
  266  notice of successful completion of treatment from the DUI
  267  program.
  268         Section 4. Paragraph (a) of subsection (10) of section
  269  318.14, Florida Statutes, is amended to read:
  270         318.14 Noncriminal traffic infractions; exception;
  271  procedures.—
  272         (10)(a) Any person who does not hold a commercial driver
  273  license or commercial learner’s permit and who is cited while
  274  driving a noncommercial motor vehicle for an offense listed
  275  under this subsection may, in lieu of payment of fine or court
  276  appearance, elect to enter a plea of nolo contendere and provide
  277  proof of compliance to the clerk of the court, designated
  278  official, or authorized operator of a traffic violations bureau.
  279  In such case, adjudication shall be withheld; however, a person
  280  may not make an election under this subsection if the person has
  281  made an election under this subsection in the preceding 12
  282  months. A person may not make more than three elections under
  283  this subsection. This subsection applies to the following
  284  offenses:
  285         1. Operating a motor vehicle without a valid driver license
  286  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  287  operating a motor vehicle with a license that has been suspended
  288  for failure to appear, failure to pay civil penalty, or failure
  289  to attend a driver improvement course pursuant to s. 322.291.
  290         2. Operating a motor vehicle without a valid registration
  291  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  292         3. Operating a motor vehicle in violation of s. 316.646.
  293         4. Operating a motor vehicle with a license that has been
  294  suspended under s. 61.13016 or s. 322.245 for failure to pay
  295  child support or for failure to pay any other financial
  296  obligation as provided in s. 322.245; however, this subparagraph
  297  does not apply if the license has been suspended pursuant to s.
  298  322.245(1).
  299         5. Operating a motor vehicle with a license that has been
  300  suspended under s. 322.091 for failure to meet school attendance
  301  requirements.
  302         Section 5. Subsection (8) of section 320.03, Florida
  303  Statutes, is amended to read:
  304         320.03 Registration; duties of tax collectors;
  305  International Registration Plan.—
  306         (8) If the applicant’s name appears on the list referred to
  307  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  308  713.78(13), a license plate or revalidation sticker may not be
  309  issued until that person’s name no longer appears on the list or
  310  until the person presents a receipt from the governmental entity
  311  or the clerk of court that provided the data showing that the
  312  fines outstanding have been paid. This subsection does not apply
  313  to the owner of a leased vehicle if the vehicle is registered in
  314  the name of the lessee of the vehicle. The tax collector and the
  315  clerk of the court are each entitled to receive monthly, as
  316  costs for implementing and administering this subsection, 10
  317  percent of the civil penalties and fines recovered from such
  318  persons. As used in this subsection, the term “civil penalties
  319  and fines” does not include a wrecker operator’s lien as
  320  described in s. 713.78(13). If the tax collector has private tag
  321  agents, such tag agents are entitled to receive a pro rata share
  322  of the amount paid to the tax collector, based upon the
  323  percentage of license plates and revalidation stickers issued by
  324  the tag agent compared to the total issued within the county.
  325  The authority of any private agent to issue license plates shall
  326  be revoked, after notice and a hearing as provided in chapter
  327  120, if he or she issues any license plate or revalidation
  328  sticker contrary to the provisions of this subsection. This
  329  section applies only to the annual renewal in the owner’s birth
  330  month of a motor vehicle registration and does not apply to the
  331  transfer of a registration of a motor vehicle sold by a motor
  332  vehicle dealer licensed under this chapter, except for the
  333  transfer of registrations which includes the annual renewals.
  334  This section does not affect the issuance of the title to a
  335  motor vehicle, notwithstanding s. 319.23(8)(b).
  336         Section 6. Section 320.571, Florida Statutes, is amended to
  337  read:
  338         320.571 Failure of person charged with misdemeanor under
  339  this chapter to comply with court-ordered directives; suspension
  340  of license.—Any person who has been charged with the commission
  341  of an offense which constitutes a misdemeanor under this chapter
  342  and who fails to comply with all of the directives of the court
  343  is subject to the provisions of former s. 322.245, Florida
  344  Statutes 2021.
  345         Section 7. Subsection (2) of section 322.29, Florida
  346  Statutes, is amended to read:
  347         322.29 Surrender and return of license.—
  348         (2) Notwithstanding subsection (1), an examination is not
  349  required for the return of a license suspended under s. 318.15
  350  or s. 322.245 unless an examination is otherwise required by
  351  this chapter. A person applying for the return of a license
  352  suspended under s. 318.15 or s. 322.245 must present to the
  353  department certification from the court that he or she has
  354  complied with all obligations and penalties imposed pursuant to
  355  s. 318.15 or, in the case of a suspension pursuant to s.
  356  322.245, that he or she has complied with all directives of the
  357  court and the requirements of s. 322.245 and shall pay to the
  358  department a nonrefundable service fee of $60, of which $37.50
  359  shall be deposited into the General Revenue Fund and $22.50
  360  shall be deposited into the Highway Safety Operating Trust Fund.
  361  If reinstated by the clerk of the court or tax collector, $37.50
  362  shall be retained and $22.50 shall be remitted to the Department
  363  of Revenue for deposit into the Highway Safety Operating Trust
  364  Fund. However, the service fee is not required if the person is
  365  required to pay a $45 fee or $75 fee under s. 322.21(8).
  366         Section 8. Subsection (10) of section 322.34, Florida
  367  Statutes, is amended to read:
  368         322.34 Driving while license suspended, revoked, canceled,
  369  or disqualified.—
  370         (10)(a) Notwithstanding any other provision of this
  371  section, if a person does not have a prior forcible felony
  372  conviction as defined in s. 776.08, the penalties provided in
  373  paragraph (b) apply if a person’s driver license or driving
  374  privilege is canceled, suspended, or revoked, or the person is
  375  under suspension or revocation equivalent status, for:
  376         1. Failing to pay child support as provided in s. 322.245
  377  or s. 61.13016;
  378         2. Failing to pay any other financial obligation as
  379  provided in s. 322.245 other than those specified in s.
  380  322.245(1);
  381         3. Failing to comply with a civil penalty required in s.
  382  318.15;
  383         4. Failing to maintain vehicular financial responsibility
  384  as required by chapter 324;
  385         3.5. Failing to comply with attendance or other
  386  requirements for minors as set forth in s. 322.091; or
  387         4.6. Having been designated a habitual traffic offender
  388  under s. 322.264(1)(d) as a result of suspensions of his or her
  389  driver license or driver privilege for any underlying violation
  390  listed in subparagraphs 1.-3. 1.-5.
  391         (b)1. Upon a first conviction for knowingly driving while
  392  his or her license is suspended, revoked, or canceled, or while
  393  under suspension or revocation equivalent status, for any of the
  394  underlying violations listed in subparagraphs (a)1.-4. (a)1.-6.,
  395  a person commits a misdemeanor of the second degree, punishable
  396  as provided in s. 775.082 or s. 775.083.
  397         2. Upon a second or subsequent conviction for the same
  398  offense of knowingly driving while his or her license is
  399  suspended, revoked, or canceled, or while under suspension or
  400  revocation equivalent status, for any of the underlying
  401  violations listed in subparagraphs (a)1.-4. (a)1.-6., a person
  402  commits a misdemeanor of the first degree, punishable as
  403  provided in s. 775.082 or s. 775.083.
  404         Section 9. Section 322.391, Florida Statutes, is amended to
  405  read:
  406         322.391 Failure of person charged with misdemeanor under
  407  this chapter to comply with court-ordered directives; suspension
  408  of license.—A person charged with the commission of a
  409  misdemeanor under this chapter who fails to comply with all of
  410  the directives of the court is subject to the provisions of
  411  former s. 322.245, Florida Statutes 2021.
  412         Section 10. The Division of Law Revision is directed to
  413  replace the phrase “the effective date of this act” wherever it
  414  occurs in this act with the date this act becomes a law.
  415         Section 11. This act shall take effect upon becoming a law.