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A bill to be entitled

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An act relating to limited reinstatement of driving

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privileges; amending s. 61.13016, F.S.; providing that a

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person who is delinquent in paying his or her child

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support or who has failed to comply with subpoenas or a

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similar order to appear or show cause relating to

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paternity or support proceedings is subject to having the

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Department of Highway Safety and Motor Vehicles suspend

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the person's driver's license and motor vehicle

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registration, except that the driving privilege is

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retained by the person for business purposes only;

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deleting a requirement that a person file a petition in

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the circuit court before the court may direct the

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department to issue the person a driver's license

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restricted to business purposes only; amending ss. 322.058

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and 322.245, F.S.; requiring the Department of Highway

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Safety and Motor Vehicles to suspend the driver's license

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of a person and the registration of all motor vehicles

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owned by that person if he or she is delinquent in child

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support obligations, except that the person retains his or

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her driving privilege for business purposes only;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 61.13016, Florida Statutes, is amended

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to read:

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     61.13016  Suspension of driver's licenses and motor vehicle

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registrations; exceptions for driving for employment purposes.--

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     (1)  The driver's license and motor vehicle registration of

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a support obligor who is delinquent in payment or who has failed

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to comply with subpoenas or a similar order to appear or show

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cause relating to paternity or support proceedings may be

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suspended. When an obligor is 15 days delinquent making a payment

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in support or failure to comply with a subpoena, order to appear,

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order to show cause, or similar order in IV-D cases, the Title

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IV-D agency may provide notice to the obligor of the delinquency

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or failure to comply with a subpoena, order to appear, order to

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show cause, or similar order and the intent to suspend by regular

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United States mail that is posted to the obligor's last address

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of record with the Department of Highway Safety and Motor

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Vehicles. When an obligor is 15 days delinquent in making a

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payment in support in non-IV-D cases, and upon the request of the

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obligee, the depository or the clerk of the court must provide

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notice to the obligor of the delinquency and the intent to

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suspend by regular United States mail that is posted to the

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obligor's last address of record with the Department of Highway

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Safety and Motor Vehicles. In either case, the notice must state:

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     (a)  The terms of the order creating the support obligation;

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     (b)  The period of the delinquency and the total amount of

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the delinquency as of the date of the notice or describe the

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subpoena, order to appear, order to show cause, or other similar

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order which has not been complied with;

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     (c)  That notification will be given to the Department of

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Highway Safety and Motor Vehicles to suspend the obligor's

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driver's license and motor vehicle registration, except for

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business purposes only, unless, within 20 days after the date the

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notice is mailed, the obligor:

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     1.a.  Pays the delinquency in full and any other costs and

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fees accrued between the date of the notice and the date the

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delinquency is paid;

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     b.  Enters into a written agreement for payment with the

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obligee in non-IV-D cases or with the Title IV-D agency in IV-D

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cases; or in IV-D cases, complies with a subpoena or order to

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appear, order to show cause, or a similar order; or

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     c.  Files a petition with the circuit court to contest the

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delinquency action; and

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     2.  Pays any applicable delinquency fees.

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If the obligor in non-IV-D cases enters into a written agreement

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for payment before the expiration of the 20-day period, the

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obligor must provide a copy of the signed written agreement to

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the depository or the clerk of the court.

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     (2)(a) Upon petition filed by the obligor in the circuit

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court within 20 days after the mailing date of the notice, the

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court may, in its discretion, direct the department to issue a

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license for driving privileges restricted to business purposes

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only, as defined by s. 322.271, if the person is otherwise

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qualified for such a license. As a condition for the court to

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exercise its discretion under this subsection, the obligor must

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agree to a schedule of payment on any child support arrearages

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and to maintain current child support obligations. If the obligor

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fails to comply with the schedule of payment, the court shall

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direct the Department of Highway Safety and Motor Vehicles to

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suspend the obligor's driver's license.

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     (b) The obligor must serve a copy of the petition on the

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Title IV-D agency in IV-D cases or on the depository or the clerk

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of the court in non-IV-D cases. When an obligor timely files a

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petition to set aside a suspension, the court must hear the

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matter within 15 days after the petition is filed. The court must

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enter an order resolving the matter within 10 days after the

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hearing, and a copy of the order must be served on the parties.

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The timely filing of a petition under this subsection stays the

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intent to suspend until the entry of a court order resolving the

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matter.

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     (2)(3) If the obligor does not, within 20 days after the

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mailing date on the notice, pay the delinquency, enter into a

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payment agreement, comply with the subpoena, order to appear,

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order to show cause, or other similar order, or file a motion to

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contest, the Title IV-D agency in IV-D cases, or the depository

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or clerk of the court in non-IV-D cases, shall file the notice

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with the Department of Highway Safety and Motor Vehicles and

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request the suspension of the obligor's driver's license and

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motor vehicle registration in accordance with s. 322.058, except

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that the obligor retains his or her driving privilege for

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business purposes only as defined in s. 322.271.

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     (3)(4) The obligor may, within 20 days after the mailing

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date on the notice of delinquency or noncompliance and intent to

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suspend, file in the circuit court a petition to contest the

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notice of delinquency or noncompliance and intent to suspend on

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the ground of mistake of fact regarding the existence of a

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delinquency or the identity of the obligor. The obligor must

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serve a copy of the petition on the Title IV-D agency in IV-D

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cases or depository or clerk of the court in non-IV-D cases. When

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an obligor timely files a petition to contest, the court must

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hear the matter within 15 days after the petition is filed. The

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court must enter an order resolving the matter within 10 days

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after the hearing, and a copy of the order must be served on the

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parties. The timely filing of a petition to contest stays the

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notice of delinquency and intent to suspend until the entry of a

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court order resolving the matter.

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     (4)(5) The procedures prescribed in this section and s.

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322.058 may be used to enforce compliance with an order to appear

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for genetic testing.

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     Section 2.  Section 322.058, Florida Statutes, is amended to

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read:

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     322.058  Suspension of driving privileges due to support

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delinquency; reinstatement; exception.--

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     (1)  When the department receives notice from the Title IV-D

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agency or depository or the clerk of the court that any person

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licensed to operate a motor vehicle in the State of Florida under

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the provisions of this chapter has a delinquent support

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obligation or has failed to comply with a subpoena, order to

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appear, order to show cause, or similar order, the department

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shall suspend the driver's license of the person named in the

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notice and the registration of all motor vehicles owned by that

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person, except that the person retains his or her driving

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privilege for business purposes only as provided in s. 61.13016.

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     (2)  The department must reinstate the driving privilege and

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allow registration of a motor vehicle when the Title IV-D agency

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in IV-D cases or the depository or the clerk of the court in non-

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IV-D cases provides to the department an affidavit stating that:

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     (a)  The person has paid the delinquency;

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     (b)  The person has reached a written agreement for payment

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with the Title IV-D agency or the obligee in non-IV-D cases;

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     (c)  A court has entered an order granting relief to the

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obligor ordering the reinstatement of the license and motor

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vehicle registration; or

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     (d)  The person has complied with the subpoena, order to

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appear, order to show cause, or similar order.

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     (3)  The department shall not be held liable for any license

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or vehicle registration suspension resulting from the discharge

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of its duties under this section.

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     (4)  This section applies only to the annual renewal in the

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owner's birth month of a motor vehicle registration and does not

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apply to the transfer of a registration of a motor vehicle sold

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by a motor vehicle dealer licensed under chapter 320, except for

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the transfer of registrations which is inclusive of the annual

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renewals. This section does not affect the issuance of the title

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to a motor vehicle, notwithstanding s. 319.23(7)(b).

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     Section 3.  Section 322.245, Florida Statutes, is amended to

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read:

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     322.245  Suspension of license upon failure of person

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charged with specified offense under chapter 316, chapter 320, or

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this chapter to comply with directives ordered by traffic court

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or upon failure to pay child support in non-IV-D cases as

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provided in chapter 61 or failure to pay any financial obligation

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in any other criminal case; exception.--

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     (1)  If a person charged with a violation of any of the

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criminal offenses enumerated in s. 318.17 or with the commission

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of any offense constituting a misdemeanor under chapter 320 or

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this chapter fails to comply with all of the directives of the

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court within the time allotted by the court, the clerk of the

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traffic court shall mail to the person, at the address specified

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on the uniform traffic citation, a notice of such failure,

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notifying him or her that, if he or she does not comply with the

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directives of the court within 30 days after the date of the

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notice and pay a delinquency fee of up to $15 to the clerk, his

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or her driver's license will be suspended. The notice shall be

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mailed no later than 5 days after such failure. The delinquency

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fee may be retained by the office of the clerk to defray the

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operating costs of the office.

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     (2)  In non-IV-D cases, if a person fails to pay child

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support under chapter 61 and the obligee so requests, the

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depository or the clerk of the court shall mail in accordance

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with s. 61.13016 the notice specified in that section, notifying

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him or her that if he or she does not comply with the

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requirements of that section and pay a delinquency fee of $10 to

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the depository or the clerk, his or her driver's license and

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motor vehicle registration will be suspended, except that the

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person retains his or her driving privilege for business purposes

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only as provided in s. 61.13016. The delinquency fee may be

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retained by the depository or the office of the clerk to defray

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the operating costs of the office.

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     (3)  If the person fails to comply with the directives of

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the court within the 30-day period, or, in non-IV-D cases, fails

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to comply with the requirements of s. 61.13016 within the period

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specified in that statute, the depository or the clerk of the

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court shall notify the department of such failure within 10 days.

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Upon receipt of the notice, the department shall immediately

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issue an order suspending the person's driver's license and

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privilege to drive, except for his or her driving privilege for

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business purposes only, effective 20 days after the date the

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order of suspension is mailed in accordance with s. 322.251(1),

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(2), and (6).

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     (4)  After suspension of the driver's license of a person

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pursuant to subsection (1), subsection (2), or subsection (3),

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the license may not be reinstated until the person complies with

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all court directives imposed upon him or her, including payment

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of the delinquency fee imposed by subsection (1), and presents

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certification of such compliance to a driver licensing office and

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complies with the requirements of this chapter or, in the case of

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a license suspended for nonpayment of child support in non-IV-D

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cases, until the person complies with the reinstatement

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provisions of s. 322.058 and makes payment of the delinquency fee

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imposed by subsection (2).

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     (5)(a)  When the department receives notice from a clerk of

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the court that a person licensed to operate a motor vehicle in

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this state under the provisions of this chapter has failed to pay

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financial obligations for any criminal offense other than those

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specified in subsection (1), in full or in part under a payment

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plan pursuant to s. 28.246(4), the department shall suspend the

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license of the person named in the notice.

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     (b)  The department must reinstate the driving privilege

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when the clerk of the court provides an affidavit to the

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department stating that:

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     1.  The person has satisfied the financial obligation in

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full or made all payments currently due under a payment plan;

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     2.  The person has entered into a written agreement for

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payment of the financial obligation if not presently enrolled in

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a payment plan; or

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     3.  A court has entered an order granting relief to the

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person ordering the reinstatement of the license.

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     (c)  The department shall not be held liable for any license

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suspension resulting from the discharge of its duties under this

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section.

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     Section 4.  This act shall take effect July 1, 2008.