Bill Text: FL S1604 | 2010 | Regular Session | Comm Sub

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Bill Title: Violation of Traffic Laws/Penalties [CPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Calendar, on 2nd reading -SJ 00703; Placed on Special Order Calendar; Read 2nd time -SJ 00899; Was taken up -SJ 00917; Substituted CS/HB 795 -SJ 00917; Laid on Table, companion bill(s) passed, see CS/HB 795 (Ch. 2010-107), CS/CS/HB 971 (Ch. 2010-223) -SJ 00917 [S1604 Detail]

Download: Florida-2010-S1604-Comm_Sub.html

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       Florida Senate - 2010                      CS for CS for SB 1604 
        
       By the Committees on Transportation and Economic Development 
       Appropriations; and Transportation; and Senator Smith 
       606-05209A-10                                         20101604c2 
    1                        A bill to be entitled                       
    2         An act relating to penalties for violation of traffic 
    3         laws; amending s. 318.14, F.S.; providing for a person 
    4         charged with a noncriminal traffic infraction to make 
    5         periodic payments when paying civil penalties and 
    6         fees; providing for certain persons cited for 
    7         specified offenses to submit proof of compliance to a 
    8         designated official; providing alternative citation 
    9         disposition procedures for the offense of operating a 
   10         motor vehicle with a license that has been suspended 
   11         for failure to pay certain financial obligations; 
   12         amending s. 318.15, F.S.; providing for suspension of 
   13         a driver’s license for failure to enter into or comply 
   14         with the terms of a penalty payment plan; providing 
   15         for reinstatement of the suspended license; amending 
   16         s. 322.0261, F.S.; requiring the Department of Highway 
   17         Safety and Motor Vehicles to identify persons who have 
   18         committed violations of specific statutes and 
   19         requiring such persons to complete a driver 
   20         improvement course; requiring the department to send a 
   21         notice to such persons; amending s. 322.331, F.S.; 
   22         providing for the removal of the designation as a 
   23         habitual traffic offender upon proof of compliance 
   24         with certain statutory provisions; amending s. 322.34, 
   25         F.S.; authorizing certain persons cited for specified 
   26         offenses to enter a plea of nolo contendere and submit 
   27         proof of compliance to the clerk of the court, a 
   28         designated official, or an authorized operator of a 
   29         traffic violations bureau; providing an effective 
   30         date. 
   31   
   32  Be It Enacted by the Legislature of the State of Florida: 
   33   
   34         Section 1. Subsection (4) and paragraph (a) of subsection 
   35  (10) of section 318.14, Florida Statutes, are amended to read: 
   36         318.14 Noncriminal traffic infractions; exception; 
   37  procedures.— 
   38         (4)(a) Except as provided in subsection (12), any person 
   39  charged with a noncriminal infraction under this section who 
   40  does not elect to appear shall, within 30 days after the date of 
   41  issuance of the citation: 
   42         1. Pay the civil penalty and delinquent fee, if applicable, 
   43  either by mail or in person; or 
   44         2. Enter into a payment plan in accordance with s. 28.246 
   45  with the clerk of the court to pay the civil penalty and 
   46  delinquent fee, if applicable, within 30 days after the date of 
   47  issuance of the citation. 
   48         (b) If the person cited follows the procedures in paragraph 
   49  (a) above procedure, he or she shall be deemed to have admitted 
   50  the infraction and to have waived his or her right to a hearing 
   51  on the issue of commission of the infraction. Such admission 
   52  shall not be used as evidence in any other proceedings. Any 
   53  person who is cited for a violation of s. 320.0605 or s. 
   54  322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b) 
   55  or s. 322.065, and who makes an election under this subsection 
   56  shall submit proof of compliance with the applicable section to 
   57  the clerk of the court. For the purposes of this subsection, 
   58  proof of compliance consists of a valid driver’s license or a 
   59  valid registration certificate. 
   60         (10)(a) Any person who does not hold a commercial driver’s 
   61  license and who is cited for an offense listed under this 
   62  subsection may, in lieu of payment of fine or court appearance, 
   63  elect to enter a plea of nolo contendere and submit provide 
   64  proof of compliance to the clerk of the court, designated 
   65  official, or authorized operator of a traffic violations bureau. 
   66  In such case, adjudication shall be withheld; however, an no 
   67  election may not shall be made under this subsection if such 
   68  person has made an election under this subsection in the 
   69  preceding 12 months preceding election hereunder. A No person 
   70  may not make more than three elections under this subsection. 
   71  This subsection applies to the following offenses: 
   72         1. Operating a motor vehicle without a valid driver’s 
   73  license in violation of the provisions of s. 322.03, s. 322.065, 
   74  or s. 322.15(1), or operating a motor vehicle with a license 
   75  that which has been suspended for failure to appear, failure to 
   76  pay civil penalty, failure to pay any other financial obligation 
   77  as provided in s. 322.245 other than those specified in s. 
   78  322.245(1), or failure to attend a driver improvement course 
   79  pursuant to s. 322.291. 
   80         2. Operating a motor vehicle without a valid registration 
   81  in violation of s. 320.0605, s. 320.07, or s. 320.131. 
   82         3. Operating a motor vehicle in violation of s. 316.646. 
   83         4. Operating a motor vehicle with a license that has been 
   84  suspended for child support in violation of s. 322.245 or s. 
   85  61.13016. 
   86         5. Operating a motor vehicle with a license that has been 
   87  suspended in violation of s. 322.091. 
   88         Section 2. Section 318.15, Florida Statutes, is amended to 
   89  read: 
   90         318.15 Failure to comply with civil penalty or to appear; 
   91  penalty.— 
   92         (1)(a) If a person fails to comply with the civil penalties 
   93  provided in s. 318.18 within the time period specified in s. 
   94  318.14(4), fails to enter into or comply with the terms of a 
   95  penalty payment plan with the clerk of the court in accordance 
   96  with s. 318.14(4) or s. 28.246, fails to attend driver 
   97  improvement school, or fails to appear at a scheduled hearing, 
   98  the clerk of the court shall notify the Division of Driver 
   99  Licenses of the Department of Highway Safety and Motor Vehicles 
  100  of such failure within 10 days after such failure. Upon receipt 
  101  of such notice, the department shall immediately issue an order 
  102  suspending the driver’s license and privilege to drive of such 
  103  person effective 20 days after the date the order of suspension 
  104  is mailed in accordance with s. 322.251(1), (2), and (6). Any 
  105  such suspension of the driving privilege which has not been 
  106  reinstated, including a similar suspension imposed outside 
  107  Florida, shall remain on the records of the department for a 
  108  period of 7 years from the date imposed and shall be removed 
  109  from the records after the expiration of 7 years from the date 
  110  it is imposed. 
  111         (b) However, a person who elects to attend driver 
  112  improvement school and has paid the civil penalty as provided in 
  113  s. 318.14(9), but who subsequently fails to attend the driver 
  114  improvement school within the time specified by the court shall 
  115  be deemed to have admitted the infraction and shall be 
  116  adjudicated guilty. In such a case in which there was an 18 
  117  percent reduction pursuant to s. 318.14(9) as it existed before 
  118  February 1, 2009, the person must pay the clerk of the court 
  119  that amount and a processing fee of up to $18, after which no 
  120  additional penalties, court costs, or surcharges shall be 
  121  imposed for the violation. In all other such cases, the person 
  122  must pay the clerk a processing fee of up to $18, after which no 
  123  additional penalties, court costs, or surcharges shall be 
  124  imposed for the violation. The clerk of the court shall notify 
  125  the department of the person’s failure to attend driver 
  126  improvement school and points shall be assessed pursuant to s. 
  127  322.27. 
  128         (2) After the suspension of a person’s driver’s license and 
  129  privilege to drive under subsection (1), the license and 
  130  privilege may not be reinstated until the person complies with 
  131  the terms of a periodic payment plan or a revised payment plan 
  132  with the clerk of the court pursuant to s. 318.14 or s. 28.246 
  133  or with all obligations and penalties imposed under s. 318.18 
  134  and presents to a driver license office a certificate of 
  135  compliance issued by the court, together with a nonrefundable 
  136  service charge of $60 imposed under s. 322.29, or presents a 
  137  certificate of compliance and pays the service charge to the 
  138  clerk of the court or a driver licensing agent authorized under 
  139  s. 322.135 clearing such suspension. Of the charge collected, 
  140  $22.50 shall be remitted to the Department of Revenue to be 
  141  deposited into the Highway Safety Operating Trust Fund. Such 
  142  person must also be in compliance with requirements of chapter 
  143  322 before reinstatement. 
  144         Section 3. Subsection (4) of section 322.0261, Florida 
  145  Statutes, is amended to read: 
  146         322.0261 Driver improvement course; requirement to maintain 
  147  driving privileges; failure to complete; department approval of 
  148  course.— 
  149         (4) The department shall identify any operator convicted 
  150  of, or who pleaded nolo contendere to, a violation of s. 
  151  316.074, s. 316.075, s. 316.123 s. 316.074(1), s. 
  152  316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192, s. 
  153  316.1925, or s. 316.614 and shall require that operator, in 
  154  addition to other applicable penalties, to attend a department 
  155  approved driver improvement course in order to maintain driving 
  156  privileges. The department shall, within 10 days after receiving 
  157  a report of a conviction or plea from the clerk of court, send 
  158  notice to the operator of the requirement to attend a driver 
  159  improvement course. If the operator fails to complete the course 
  160  within 90 days after receiving notice from the department, the 
  161  operator’s driver license shall be canceled by the department 
  162  until the course is successfully completed. 
  163         Section 4. Section 322.331, Florida Statutes, is amended to 
  164  read: 
  165         322.331 Habitual traffic offenders; restoration of 
  166  license.— 
  167         (1) At the expiration of 5 years from the date of license 
  168  revocation, a person whose license has been revoked under s. 
  169  322.27(5) may petition the department for restoration of driving 
  170  privileges. Upon such petition and after investigation of the 
  171  person’s qualification and fitness to drive, the department 
  172  shall hold an administrative hearing to determine whether 
  173  driving privileges shall be restored either on an unrestricted 
  174  basis or on a restricted basis solely for business or employment 
  175  purposes. 
  176         (2) The clerk of the court shall submit an amended 
  177  disposition to remove the designation as a habitual traffic 
  178  offender when: 
  179         (a) A person’s license has been revoked under s. 322.27(5) 
  180  as a result of a third violation for driving a motor vehicle 
  181  while his or her license is suspended or revoked; 
  182         (b) The third violation occurred before July 1, 2010; and 
  183         (c) The person submits proof of compliance as allowed by s. 
  184  318.14(10)(a) before July 1, 2011. 
  185         Section 5. Subsection (11) is added to section 322.34, 
  186  Florida Statutes, to read: 
  187         322.34 Driving while license suspended, revoked, canceled, 
  188  or disqualified.— 
  189         (11)(a) Any person who does not hold a commercial driver’s 
  190  license and who is cited for an offense of knowingly driving 
  191  while his or her license is suspended, revoked, or canceled for 
  192  any of the underlying violations listed in paragraph (10)(a) 
  193  may, in lieu of payment of fine or court appearance, elect to 
  194  enter a plea of nolo contendere and submit proof of compliance 
  195  to the clerk of the court, designated official, or authorized 
  196  operator of a traffic violations bureau. In such case, 
  197  adjudication shall be withheld; however, an election may not be 
  198  made under this subsection if such person has made an election 
  199  under this subsection in the preceding 12 months. A person may 
  200  not make more than three elections under this subsection. 
  201         (b) If adjudication is withheld under paragraph (a), such 
  202  action is not a conviction. 
  203         Section 6. This act shall take effect July 1, 2010.