Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1270
       
       
       
       
       
       
                                Ì601144uÎ601144                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2018           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 353 - 684
    4  and insert:
    5         Section 5. Paragraph (b) of subsection (8) of section
    6  318.18, Florida Statutes, is amended to read:
    7         318.18 Amount of penalties.—The penalties required for a
    8  noncriminal disposition pursuant to s. 318.14 or a criminal
    9  offense listed in s. 318.17 are as follows:
   10         (8)
   11         (b)1.a. If a person has been ordered to pay a civil penalty
   12  for a noncriminal traffic infraction and the person is unable to
   13  comply with the court’s order due to demonstrable financial
   14  hardship, the court shall allow the person to satisfy the civil
   15  penalty by participating in community service until the civil
   16  penalty is paid.
   17         b. The court shall inquire at the time the civil penalty is
   18  ordered whether the person is able to pay it.
   19         c. If a court orders a person to perform community service,
   20  the person shall receive credit for the civil penalty at the
   21  specified hourly credit rate per hour of community service
   22  performed, and each hour of community service performed shall
   23  reduce the civil penalty by that amount.
   24         2.a. As used in this paragraph, the term “specified hourly
   25  credit rate” means the wage rate that is specified in 29 U.S.C.
   26  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
   27  that is then in effect, and that an employer subject to such
   28  provision must pay per hour to each employee subject to such
   29  provision.
   30         b. However, if a person ordered to perform community
   31  service has a trade or profession for which there is a community
   32  service need, the specified hourly credit rate for each hour of
   33  community service performed by that person shall be the average
   34  prevailing wage rate for the trade or profession that the
   35  community service agency needs.
   36         3.a. The community service agency supervising the person
   37  shall record the number of hours of community service completed
   38  and the date the community service hours were completed. The
   39  community service agency shall submit the data to the clerk of
   40  court on the letterhead of the community service agency, which
   41  must also bear the notarized signature of the person designated
   42  to represent the community service agency.
   43         b. When the number of community service hours completed by
   44  the person equals the amount of the civil penalty, the clerk of
   45  court shall certify this fact to the court. Thereafter, the
   46  clerk of court shall record in the case file that the civil
   47  penalty has been paid in full.
   48         4. As used in this paragraph, the term:
   49         a. “Community service” means uncompensated labor for a
   50  community service agency.
   51         b. “Community service agency” means a not-for-profit
   52  corporation, community organization, charitable organization,
   53  public officer, the state or any political subdivision of the
   54  state, or any other body the purpose of which is to improve the
   55  quality of life or social welfare of the community and which
   56  agrees to accept community service from persons unable to pay
   57  civil penalties for noncriminal traffic infractions.
   58         Section 6. Subsections (1) through (4) of section 322.055,
   59  Florida Statutes, are amended to read:
   60         322.055 Revocation or suspension of, or delay of
   61  eligibility for, driver license for persons 18 years of age or
   62  older convicted of certain drug offenses.—
   63         (1) Notwithstanding s. 322.28, upon the conviction of a
   64  person 18 years of age or older for possession or sale of,
   65  trafficking in, or conspiracy to possess, sell, or traffic in a
   66  controlled substance, the court shall direct the department to
   67  revoke the driver license or driving privilege of the person.
   68  The period of such revocation shall be 6 months 1 year or until
   69  the person is evaluated for and, if deemed necessary by the
   70  evaluating agency, completes a drug treatment and rehabilitation
   71  program approved or regulated by the Department of Children and
   72  Families. However, the court may, in its sound discretion,
   73  direct the department to issue a license for driving privilege
   74  restricted to business or employment purposes only, as defined
   75  by s. 322.271, if the person is otherwise qualified for such a
   76  license. A driver whose license or driving privilege has been
   77  suspended or revoked under this section or s. 322.056 may, upon
   78  the expiration of 6 months, petition the department for
   79  restoration of the driving privilege on a restricted or
   80  unrestricted basis depending on length of suspension or
   81  revocation. In no case shall A restricted license may not be
   82  available until 6 months of the suspension or revocation period
   83  has been completed expired.
   84         (2) If a person 18 years of age or older is convicted for
   85  the possession or sale of, trafficking in, or conspiracy to
   86  possess, sell, or traffic in a controlled substance and such
   87  person is eligible by reason of age for a driver license or
   88  privilege, the court shall direct the department to withhold
   89  issuance of such person’s driver license or driving privilege
   90  for a period of 6 months 1 year after the date the person was
   91  convicted or until the person is evaluated for and, if deemed
   92  necessary by the evaluating agency, completes a drug treatment
   93  and rehabilitation program approved or regulated by the
   94  Department of Children and Families. However, the court may, in
   95  its sound discretion, direct the department to issue a license
   96  for driving privilege restricted to business or employment
   97  purposes only, as defined by s. 322.271, if the person is
   98  otherwise qualified for such a license. A driver whose license
   99  or driving privilege has been suspended or revoked under this
  100  section or s. 322.056 may, upon the expiration of 6 months,
  101  petition the department for restoration of the driving privilege
  102  on a restricted or unrestricted basis depending on the length of
  103  suspension or revocation. In no case shall A restricted license
  104  may not be available until 6 months of the withholding
  105  suspension or revocation period has been completed expired.
  106         (3) If a person 18 years of age or older is convicted for
  107  the possession or sale of, trafficking in, or conspiracy to
  108  possess, sell, or traffic in a controlled substance and such
  109  person’s driver license or driving privilege is already under
  110  suspension or revocation for any reason, the court shall direct
  111  the department to extend the period of such suspension or
  112  revocation by an additional period of 6 months 1 year or until
  113  the person is evaluated for and, if deemed necessary by the
  114  evaluating agency, completes a drug treatment and rehabilitation
  115  program approved or regulated by the Department of Children and
  116  Families. However, the court may, in its sound discretion,
  117  direct the department to issue a license for driving privilege
  118  restricted to business or employment purposes only, as defined
  119  by s. 322.271, if the person is otherwise qualified for such a
  120  license. A driver whose license or driving privilege has been
  121  suspended or revoked under this section or s. 322.056 may, upon
  122  the expiration of 6 months, petition the department for
  123  restoration of the driving privilege on a restricted or
  124  unrestricted basis depending on the length of suspension or
  125  revocation. In no case shall A restricted license may not be
  126  available until 6 months of the suspension or revocation period
  127  has been completed expired.
  128         (4) If a person 18 years of age or older is convicted for
  129  the possession or sale of, trafficking in, or conspiracy to
  130  possess, sell, or traffic in a controlled substance and such
  131  person is ineligible by reason of age for a driver license or
  132  driving privilege, the court shall direct the department to
  133  withhold issuance of such person’s driver license or driving
  134  privilege for a period of 6 months 1 year after the date that he
  135  or she would otherwise have become eligible or until he or she
  136  becomes eligible by reason of age for a driver license and is
  137  evaluated for and, if deemed necessary by the evaluating agency,
  138  completes a drug treatment and rehabilitation program approved
  139  or regulated by the Department of Children and Families.
  140  However, the court may, in its sound discretion, direct the
  141  department to issue a license for driving privilege restricted
  142  to business or employment purposes only, as defined by s.
  143  322.271, if the person is otherwise qualified for such a
  144  license. A driver whose license or driving privilege has been
  145  suspended or revoked under this section or s. 322.056 may, upon
  146  the expiration of 6 months, petition the department for
  147  restoration of the driving privilege on a restricted or
  148  unrestricted basis depending on the length of suspension or
  149  revocation. In no case shall A restricted license may not be
  150  available until 6 months of the withholding suspension or
  151  revocation period has been completed expired.
  152         Section 7. Section 322.056, Florida Statutes, is amended to
  153  read:
  154         322.056 Mandatory revocation or suspension of, or delay of
  155  eligibility for, driver license for persons under age 18 found
  156  guilty of certain alcohol, drug, or tobacco offenses;
  157  prohibition.—
  158         (1) Notwithstanding the provisions of s. 322.055, if a
  159  person under 18 years of age is found guilty of or delinquent
  160  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  161  and:
  162         (a) The person is eligible by reason of age for a driver
  163  license or driving privilege, the court shall direct the
  164  department to revoke or to withhold issuance of his or her
  165  driver license or driving privilege for a period of 6 months.:
  166         1. Not less than 6 months and not more than 1 year for the
  167  first violation.
  168         2. Two years, for a subsequent violation.
  169         (b) The person’s driver license or driving privilege is
  170  under suspension or revocation for any reason, the court shall
  171  direct the department to extend the period of suspension or
  172  revocation by an additional period of 6 months.:
  173         1. Not less than 6 months and not more than 1 year for the
  174  first violation.
  175         2. Two years, for a subsequent violation.
  176         (c) The person is ineligible by reason of age for a driver
  177  license or driving privilege, the court shall direct the
  178  department to withhold issuance of his or her driver license or
  179  driving privilege for a period of:
  180         1. Not less than 6 months and not more than 1 year after
  181  the date on which he or she would otherwise have become
  182  eligible, for the first violation.
  183         2. Two years after the date on which he or she would
  184  otherwise have become eligible, for a subsequent violation.
  185  
  186  However, the court may, in its sound discretion, direct the
  187  department to issue a license for driving privileges restricted
  188  to business or employment purposes only, as defined in s.
  189  322.271, if the person is otherwise qualified for such a
  190  license.
  191         (2) If a person under 18 years of age is found by the court
  192  to have committed a noncriminal violation under s. 569.11 or s.
  193  877.112(6) or (7) and that person has failed to comply with the
  194  procedures established in that section by failing to fulfill
  195  community service requirements, failing to pay the applicable
  196  fine, or failing to attend a locally available school-approved
  197  anti-tobacco program, and:
  198         (a) The person is eligible by reason of age for a driver
  199  license or driving privilege, the court shall direct the
  200  department to revoke or to withhold issuance of his or her
  201  driver license or driving privilege as follows:
  202         1. For the first violation, for 30 days.
  203         2. For the second violation within 12 weeks of the first
  204  violation, for 45 days.
  205         (b) The person’s driver license or driving privilege is
  206  under suspension or revocation for any reason, the court shall
  207  direct the department to extend the period of suspension or
  208  revocation by an additional period as follows:
  209         1. For the first violation, for 30 days.
  210         2. For the second violation within 12 weeks of the first
  211  violation, for 45 days.
  212         (c) The person is ineligible by reason of age for a driver
  213  license or driving privilege, the court shall direct the
  214  department to withhold issuance of his or her driver license or
  215  driving privilege as follows:
  216         1. For the first violation, for 30 days.
  217         2. For the second violation within 12 weeks of the first
  218  violation, for 45 days.
  219  
  220  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  221  within the 12-week period after the first violation will be
  222  treated as a first violation and in the same manner as provided
  223  in this subsection.
  224         (3) If a person under 18 years of age is found by the court
  225  to have committed a third violation of s. 569.11 or s.
  226  877.112(6) or (7) within 12 weeks of the first violation, the
  227  court must direct the Department of Highway Safety and Motor
  228  Vehicles to suspend or withhold issuance of his or her driver
  229  license or driving privilege for 60 consecutive days. Any third
  230  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  231  12-week period after the first violation will be treated as a
  232  first violation and in the same manner as provided in subsection
  233  (2).
  234         (2)(4) A penalty imposed under this section shall be in
  235  addition to any other penalty imposed by law.
  236         (5) The suspension or revocation of a person’s driver
  237  license imposed pursuant to subsection (2) or subsection (3),
  238  shall not result in or be cause for an increase of the convicted
  239  person’s, or his or her parent’s or legal guardian’s, automobile
  240  insurance rate or premium or result in points assessed against
  241  the person’s driving record.
  242         Section 8. Section 322.057, Florida Statutes, is repealed.
  243         Section 9. Present subsections (4) and (5) of section
  244  322.09, Florida Statutes, are redesignated as subsections (3)
  245  and (4), respectively, and present subsection (3) of that
  246  section is amended, to read:
  247         322.09 Application of minors; responsibility for negligence
  248  or misconduct of minor.—
  249         (3) The department may not issue a driver license or
  250  learner’s driver license to any applicant under the age of 18
  251  years who is not in compliance with the requirements of s.
  252  322.091.
  253         Section 10. Section 322.091, Florida Statutes, is repealed.
  254         Section 11. Clerks of Court Community Service Pilot
  255  Program.—
  256         (1) The Clerks of Court Community Service Pilot Program is
  257  established in Pinellas and Clay Counties to be administered by
  258  the clerks of court for the counties and by the Florida Clerks
  259  of Court Operations Corporation.
  260         (2) Notwithstanding any other law, the clerks of court in
  261  the pilot program counties shall implement programs that allow
  262  any person owing any court-ordered financial obligation or
  263  payment that is unrelated to child support obligations under
  264  chapter 61, Florida Statutes, to fulfill the obligation by
  265  completing community service as provided in this section.
  266         (a) A person’s driver license may not be suspended solely
  267  for a failure to pay fees, service charges, fines, or penalties
  268  in a pilot program county if the person complies with the
  269  requirements of the pilot program.
  270         (b) A person in a pilot program county who fails to pay a
  271  court-ordered financial obligation or payment unrelated to child
  272  support obligations under chapter 61, Florida Statutes, must be
  273  notified by the clerk of court by mail immediately after such
  274  failure that the person has 10 days to comply or elect to
  275  participate in the community service pilot program with the
  276  clerk of court to satisfy the obligation. Failure to comply or
  277  make an election with the clerk of court within the required
  278  timeframe shall result in suspension of the person’s driver
  279  license as otherwise provided in chapter 318 and chapter 322,
  280  Florida Statutes.
  281         (3) The clerks of court shall allow a person to satisfy the
  282  financial obligation by participating in community service in
  283  lieu of or in addition to making payments toward such
  284  obligation. If a person performs community service, he or she
  285  must receive credit for the obligation at the hourly credit rate
  286  per hour of community service performed as specified in this
  287  subsection, and each hour of community service performed must
  288  reduce the obligation by that amount. As used in this
  289  subsection, the term “hourly credit rate” means the adjusted
  290  state minimum wage rate that is calculated as provided in s.
  291  448.110, Florida Statutes, that is then in effect.
  292         (4) The workweek schedule and timeframe permitted for
  293  completing the community service must be commensurate with the
  294  amount of the obligation, the employment obligations of the
  295  person, and the community service needs of the local area, but
  296  must equal at least 4 hours of community service per week and
  297  may not exceed 180 days. Failure to complete the community
  298  service requirements or pay the remaining obligation within the
  299  authorized timeframe shall result in suspension of the person’s
  300  driver license as otherwise provided in chapters 318 and 322,
  301  Florida Statutes.
  302         (5)(a) The community service agency supervising the person
  303  shall record the number of hours of community service completed
  304  and the date the community service hours were completed. The
  305  community service agency shall submit the data to the clerk of
  306  court on the letterhead of the community service agency and the
  307  letter must also bear the notarized signature of the person
  308  designated to represent the community service agency.
  309         (b) When the number of community service hours completed by
  310  the person equals the amount of the obligation owed, the clerks
  311  of court must certify this fact, and the amount credited, to the
  312  court and to the Florida Clerks of Court Operations Corporation.
  313  Thereafter, the clerks of court shall record in the case file or
  314  court records that the financial obligation has been paid in
  315  full.
  316         (6) Subject to the appropriation of funds for this pilot
  317  program, a clerk of court may apply, on a quarterly basis, for a
  318  grant from the Florida Clerks of Court Operations Corporation to
  319  reimburse the clerk’s office for the total amount of financial
  320  obligations that have been converted to community service hours
  321  for the previous quarter. The Florida Clerks of Court Operations
  322  Corporation may review and approve the grant application and, if
  323  approved, shall transfer the requested funds to the clerk. Upon
  324  receipt of any such grant proceeds, the funds must be
  325  distributed by the clerk in accordance with laws that would
  326  otherwise have provided for distribution of payments for the
  327  original penalty, fee, or obligation imposed on the person
  328  performing the community service.
  329         (7) The clerks of court in the pilot program counties and
  330  the Florida Clerks of Court Operations Corporation shall each
  331  provide a report on the implementation of the pilot program to
  332  the chairs of the legislative appropriations committees by
  333  October 1, 2019. At a minimum, the reports must include the
  334  number of persons converting financial obligations to community
  335  service, the number of persons actually completing the community
  336  service requirements, the number of persons participating in the
  337  pilot program who have their driver licenses suspended, the
  338  estimated costs and benefits of the pilot program, and
  339  recommendations to improve the pilot program.
  340         (8) Authority for a person to participate in the Clerks of
  341  Court Community Service Pilot Program shall expire on June 30,
  342  2019. However, community service obligations entered into
  343  pursuant to this section before June 30, 2019, must continue
  344  until completion of the community service or the closing of the
  345  underlying court case.
  346  
  347  ================= T I T L E  A M E N D M E N T ================
  348  And the title is amended as follows:
  349         Delete lines 27 - 89
  350  and insert:
  351         of a penalty; amending s. 318.18, F.S.; requiring a
  352         court to inquire at the time a certain civil penalty
  353         is ordered whether the person is able to pay it;
  354         amending s. 322.055, F.S.; decreasing the period for
  355         revocation or suspension of, or delay of eligibility
  356         for, driver licenses or driving privileges for certain
  357         persons convicted of certain drug offenses; deleting
  358         provisions authorizing a driver to petition the
  359         Department of Highway Safety and Motor Vehicles for
  360         restoration of his or her driving privilege; amending
  361         s. 322.056, F.S.; decreasing the period for revocation
  362         or suspension of, or delay of eligibility for, driver
  363         licenses or driving privileges for certain persons
  364         found guilty of certain drug offenses; deleting a
  365         provision authorizing a court to direct the department
  366         to issue a license for certain restricted driving
  367         privileges under certain circumstances; deleting
  368         requirements relating to the revocation or suspension
  369         of, or delay of eligibility for, driver licenses or
  370         driving privileges for certain persons found guilty of
  371         certain alcohol or tobacco offenses; repealing s.
  372         322.057, F.S., relating to discretionary revocation or
  373         suspension of a driver license for certain persons who
  374         provide alcohol to persons under a specified age;
  375         amending s. 322.09, F.S.; deleting a provision
  376         prohibiting the issuance of a driver license or
  377         learner’s driver license under certain circumstances;
  378         repealing s. 322.091, F.S., relating to attendance
  379         requirements for driving privileges; creating the
  380         Clerks of Court Community Service Pilot Program in
  381         Pinellas and Clay Counties; requiring the program to
  382         be administered by the clerks of court for the
  383         counties and by the Florida Clerks of Court Operations
  384         Corporation; requiring the clerks of court in the
  385         pilot program counties to implement programs that
  386         allow any person owing any court-ordered financial
  387         obligation or payment that is unrelated to certain
  388         child support obligations to fulfill the obligation by
  389         completing community service; providing that a
  390         person’s driver license may not be suspended solely
  391         for a failure to pay fees, service charges, fines, or
  392         penalties in a pilot program county if the person
  393         complies with the requirements of the program;
  394         requiring that a person in a pilot program county who
  395         fails to pay a court-ordered financial obligation or
  396         payment unrelated to child support obligations be
  397         notified by the clerk of court by mail that the person
  398         has a specified time to comply or elect to participate
  399         in the community service pilot program; providing that
  400         failure to comply or make an election with the clerk
  401         of court within the required timeframe results in
  402         suspension of the person’s driver license; authorizing
  403         the clerks of court to allow a person to satisfy the
  404         financial obligation by participating in community
  405         service in lieu of or in addition to making payments
  406         toward such obligation; providing requirements for the
  407         community service; defining the term “hourly credit
  408         rate”; providing requirements for the workweek
  409         schedule and timeframe permitted for completing the
  410         community service; providing that failure to complete
  411         the community service requirements or pay the
  412         remaining obligation within the authorized timeframe
  413         results in suspension of the person’s driver license;
  414         providing requirements for the community service
  415         agency supervising the person; providing requirements
  416         for the clerks of the court; authorizing the clerks of
  417         court to apply, on a quarterly basis, for a certain
  418         grant from the corporation; authorizing the
  419         corporation to review and approve the grant
  420         application; requiring the corporation to transfer the
  421         requested funds to the clerks if approved; providing
  422         requirements for distribution of funds; requiring the
  423         clerks of court in the pilot program counties and the
  424         corporation to each provide a report on the
  425         implementation of the pilot program to the chairs of
  426         the legislative appropriations committees by a
  427         specified date; providing requirements for the report;
  428         requiring authority for a person to participate in the
  429         pilot program to expire on a specified date; requiring
  430         community service obligations entered into before a
  431         specified date to continue until completion of the
  432         community service or the closing of the underlying
  433         court case; repealing s. 322.251(7), F.S.,