Bill Text: FL S0914 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Suspension of Driver Licenses and Motor Vehicle Registrations
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0914 Detail]
Download: Florida-2012-S0914-Introduced.html
Bill Title: Suspension of Driver Licenses and Motor Vehicle Registrations
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0914 Detail]
Download: Florida-2012-S0914-Introduced.html
Florida Senate - 2012 SB 914 By Senator Oelrich 14-00681-12 2012914__ 1 A bill to be entitled 2 An act relating to suspension of driver licenses and 3 motor vehicle registrations; amending s. 61.13016, 4 F.S.; revising provisions providing for an obligor who 5 is delinquent in support payments to petition the 6 circuit court to direct the Department of Highway 7 Safety and Motor Vehicles to issue to the obligor a 8 driver license restricted to business purposes only; 9 requiring that the court, before approving a schedule 10 for an obligor’s delinquent support payments, find 11 that the obligor has the present ability to pay the 12 child support arrearage and support obligation; 13 requiring that the court direct the Department of 14 Highway Safety and Motor Vehicles to suspend the 15 obligor’s driver license if the obligor fails to 16 comply with the schedule of payments and if the 17 obligor has the ability to pay; amending s. 322.058, 18 F.S.; requiring that the Department of Highway Safety 19 and Motor Vehicles reinstate the driving privilege and 20 allow registration of a motor vehicle of a person who 21 has a delinquent support obligation or who has failed 22 to comply with a subpoena, order to appear, order to 23 show cause, or similar order, if the Title IV-D agency 24 in IV-D cases, or the depository or the clerk of the 25 court in non-IV-D cases, provides an affidavit to the 26 department stating that the court has directed that 27 the person be issued a license for driving privileges 28 restricted to business purposes only; amending s. 29 409.256, F.S.; revising provisions to conform to 30 changes made by the act; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 61.13016, Florida Statutes, is amended 35 to read: 36 61.13016 Suspension of driverdriver’slicenses and motor 37 vehicle registrations.— 38 (1) The driverdriver’slicense and motor vehicle 39 registration of a support obligor who is delinquent in payment 40 or who has failed to comply with subpoenas or a similar order to 41 appear or show cause relating to paternity or support 42 proceedings may be suspended. When an obligor is 15 days 43 delinquent making a payment in support or failure to comply with 44 a subpoena, order to appear, order to show cause, or similar 45 order in IV-D cases, the Title IV-D agency may provide notice to 46 the obligor of the delinquency or failure to comply with a 47 subpoena, order to appear, order to show cause, or similar order 48 and the intent to suspend by regular United States mail that is 49 posted to the obligor’s last address of record with the 50 Department of Highway Safety and Motor Vehicles. When an obligor 51 is 15 days delinquent in making a payment in support in non-IV-D 52 cases, and upon the request of the obligee, the depository or 53 the clerk of the court must provide notice to the obligor of the 54 delinquency and the intent to suspend by regular United States 55 mail that is posted to the obligor’s last address of record with 56 the Department of Highway Safety and Motor Vehicles.In either57case,The notice must state: 58 (a) The terms of the order creating the support obligation; 59 (b) The period of the delinquency and the total amount of 60 the delinquency as of the date of the notice or describe the 61 subpoena, order to appear, order to show cause, or other similar 62 order thatwhichhas not been complied with; 63 (c) That notification will be given to the Department of 64 Highway Safety and Motor Vehicles to suspend the obligor’s 65 driverdriver’slicense and motor vehicle registration unless, 66 within 20 days after the date the notice is mailed, the obligor: 67 1.a. Pays the delinquency in full and any other costs and 68 fees accrued between the date of the notice and the date the 69 delinquency is paid; 70 b. Enters into a written agreement for payment with the 71 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 72 cases; or in IV-D cases, complies with a subpoena or order to 73 appear, order to show cause, or a similar order; or 74 c. Files a petition with the circuit court to contest the 75 delinquency action; and 76 2. Pays any applicable delinquency fees. 77 78 If the obligor in non-IV-D cases enters into a written agreement 79 for payment before the expiration of the 20-day period, the 80 obligor must provide a copy of the signed written agreement to 81 the depository or the clerk of the court. 82 (2)(a) If the obligor files aUponpetitionfiled by the83obligorin the circuit court within 20 days after the mailing 84 date of the notice, the court may, in its discretion,direct the 85 department to issue a license for driving privileges restricted 86 to business purposes only, as defined by s. 322.271, if the 87 person is otherwise qualified for such a license. As a condition 88 for the court to exercise its discretion under this subsection, 89 the obligor must agree to a schedule of payment on any child 90 support arrearages and to maintain current child support 91 obligations. Before approving the schedule of payment, the court 92 must find that the obligor has the present ability to pay the 93 schedule of payment for the child support arrearage and the 94 current child support obligation. 95 (b) If the obligor fails to comply with the schedule of 96 payment and if the obligor has the present ability to do so, the 97 court shall direct the Department of Highway Safety and Motor 98 Vehicles to suspend the obligor’s driverdriver’slicense. 99 (c)(b)The obligor must serve a copy of the petition on the 100 Title IV-D agency in IV-D cases or on the depository or the 101 clerk of the court in non-IV-D cases. When an obligor timely 102 files a petition to set aside a suspension, the court must hear 103 the matter within 15 days after the petition is filed. The court 104 must enter an order resolving the matter within 10 days after 105 the hearing, and a copy of the order must be served on the 106 parties. The timely filing of a petition under this subsection 107 stays the intent to suspend until the entry of a court order 108 resolving the matter. 109 (3) If the obligor does not, within 20 days after the 110 mailing date on the notice, pay the delinquency, enter into a 111 payment agreement, comply with the subpoena, order to appear, 112 order to show cause, or other similar order, or file a motion to 113 contest, the Title IV-D agency in IV-D cases, or the depository 114 or clerk of the court in non-IV-D cases, shall file the notice 115 with the Department of Highway Safety and Motor Vehicles and 116 request the suspension of the obligor’s driverdriver’slicense 117 and motor vehicle registration in accordance with s. 322.058. 118 (4) The obligor may, within 20 days after the mailing date 119 on the notice of delinquency or noncompliance and intent to 120 suspend, file in the circuit court a petition to contest the 121 notice of delinquency or noncompliance and intent to suspend on 122 the ground of mistake of fact regarding the existence of a 123 delinquency or the identity of the obligor. The obligor must 124 serve a copy of the petition on the Title IV-D agency in IV-D 125 cases or depository or clerk of the court in non-IV-D cases. 126 When an obligor timely files a petition to contest, the court 127 must hear the matter within 15 days after the petition is filed. 128 The court must enter an order resolving the matter within 10 129 days after the hearing, and a copy of the order must be served 130 on the parties. The timely filing of a petition to contest stays 131 the notice of delinquency and intent to suspend until the entry 132 of a court order resolving the matter. 133 (5) The procedures prescribed in this section and s. 134 322.058 may be used to enforce compliance with an order to 135 appear for genetic testing. 136 Section 2. Section 322.058, Florida Statutes, is amended to 137 read: 138 322.058 Suspension of driving privilegeprivilegesdue to 139 support delinquency; reinstatement.— 140 (1) When the department receives notice from the Title IV-D 141 agency or depository or the clerk of the court that aanyperson 142 licensed to operate a motor vehicle in the State of Florida 143 under the provisions of this chapter has a delinquent support 144 obligation or has failed to comply with a subpoena, order to 145 appear, order to show cause, or similar order, the department 146 shall suspend the driverdriver’slicense of the person named in 147 the notice and the registration of all motor vehicles owned by 148 that person. 149 (2) The department shall reinstate the driving privilege 150 and allow registration of the motor vehicle of a person who has 151 a delinquent support obligation or who has failed to comply with 152 a subpoena, order to appear, order to show cause, or similar 153 order, if the Title IV-D agency in IV-D cases, or the depository 154 or the clerk of the court in non-IV-D cases, provides to the 155 department an affidavit stating that the person has agreed to a 156 schedule of payment on child support arrearages and to maintain 157 support obligations, and the court has directed that the person 158 be issued a license for driving privileges restricted to 159 business purposes only, as defined by s. 322.271 and pursuant to 160 s. 316.13016. 161 (3)(2)The department shall alsomustreinstate the driving 162 privilege and allow registration of a motor vehicle when the 163 Title IV-D agency in IV-D cases or the depository or the clerk 164 of the court in non-IV-D cases provides to the department an 165 affidavit stating that: 166 (a) The person has paid the delinquency; 167 (b) The person has reached a written agreement for payment 168 with the Title IV-D agency or the obligee in non-IV-D cases; 169 (c) A court has entered an order granting relief to the 170 obligor ordering the reinstatement of the license and motor 171 vehicle registration; or 172 (d) The person has complied with the subpoena, order to 173 appear, order to show cause, or similar order. 174 (4)(3)The department isshallnotbe heldliable for aany175 license or vehicle registration suspension resulting from the 176 discharge of its duties under this section. 177 (5)(4)This section applies only to the annual renewal in 178 the owner’s birth month of a motor vehicle registration and does 179 not apply to the transfer of a registration of a motor vehicle 180 sold by a motor vehicle dealer licensed under chapter 320, 181 except for the transfer of registrations which is inclusive of 182 the annual renewals. This section does not affect the issuance 183 of the title to a motor vehicle, notwithstanding s. 184 319.23(7)(b). 185 Section 3. Subsection (7) of section 409.256, Florida 186 Statutes, is amended to read: 187 409.256 Administrative proceeding to establish paternity or 188 paternity and child support; order to appear for genetic 189 testing.— 190 (7) FAILURE OR REFUSAL TO SUBMIT TO GENETIC TESTING.—If a 191 person who is served with an order to appear for genetic testing 192 fails to appear without good cause or refuses to submit to 193 testing without good cause, the department may take one or more 194 of the following actions: 195 (a) Commence a proceeding to suspend the driverdriver’s196 license and motor vehicle registration of the person ordered to 197 appear, as provided in s. 61.13016; 198 (b) Impose an administrative fine against the person 199 ordered to appear in the amount of $500; or 200 (c) File a petition in circuit court to establish 201 paternity, obtain a support order for the child, and seek 202 reimbursement from the person ordered to appear for the full 203 cost of genetic testing incurred by the department. 204 205 As provided in s. 322.058(3)s.322.058(2), a suspended driver 206driver’slicense and motor vehicle registration shallmaybe 207 reinstated when the person ordered to appear complies with the 208 order to appear for genetic testing. The department may collect 209 an administrative fine imposed under this subsection by using 210 civil remedies or other statutory means available to the 211 department for collecting support. 212 Section 4. This act shall take effect July 1, 2012.