Senate Bill 1218c1

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    Florida Senate - 1998                           CS for SB 1218

    By the Committee on Transportation and Senator Crist





    306-2129-98

  1                      A bill to be entitled

  2         An act relating to driver's license

  3         revocations; amending s. 318.18, F.S.;

  4         rescinding the fine for speeds exceeding the

  5         limit by 1-5 m.p.h. and replacing the fine with

  6         a warning; providing that fines for

  7         construction zone speed violations shall be

  8         doubled only under certain circumstances;

  9         amending s. 320.07, F.S.; revising penalties

10         for expiration of registration; amending s.

11         322.26, F.S.; providing for permanent

12         revocation of a driver's license for murder

13         resulting from the operation of a motor

14         vehicle, DUI manslaughter where the conviction

15         represents a subsequent DUI-related conviction,

16         or four or more DUI violations; amending s.

17         322.271, F.S.; providing for petition for

18         reinstatement under certain circumstances;

19         amending s. 322.28, F.S.; revising provisions

20         with respect to the period of suspension or

21         revocation; conforming current provisions to

22         the act; creating s. 322.283, F.S.; providing

23         for the commencement of the period of

24         suspension or revocation for incarcerated

25         offenders; providing for notification to the

26         Department of Highway Safety and Motor

27         Vehicles; amending s. 322.34, F.S.; providing

28         that the element of knowledge with respect to

29         the suspension, revocation, cancellation, or

30         disqualification is satisfied when certain

31         notice is sent; creating s. 322.341, F.S.;

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    Florida Senate - 1998                           CS for SB 1218
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  1         providing penalties for driving while a license

  2         is permanently revoked; amending s. 627.733,

  3         F.S.; deleting a provision for revoking the

  4         driver's license of an owner or registrant of a

  5         motor vehicle who does not provide required

  6         security for that vehicle; providing an

  7         effective date.

  8

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

10

11         Section 1.  Subsection (3) of section 318.18, Florida

12  Statutes, is amended to read:

13         318.18  Amount of civil penalties.--The penalties

14  required for a noncriminal disposition pursuant to s. 318.14

15  are as follows:

16         (3)(a)  Except as otherwise provided in this section,

17  $60 for all moving violations not requiring a mandatory

18  appearance.

19         (b)  For moving violations involving unlawful speed,

20  the fines are as follows:

21

22  For speed exceeding the limit by:                        Fine:

23  1-5 m.p.h..............................................Warning

24  6-9 1-9 m.p.h.............................................$ 25

25  10-14 m.p.h...............................................$100

26  15-19 m.p.h...............................................$125

27  20-29 m.p.h...............................................$150

28  30 m.p.h. and above.......................................$250

29

30         (c)  Notwithstanding paragraph (b), a person cited for

31  exceeding the speed limit by up to 5 m.p.h. in a legally

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  1  posted school zone will be fined $50. A person exceeding the

  2  speed limit in a school zone will be assessed a fine double

  3  the amount listed in paragraph (b).

  4         (d)  A person cited for exceeding the speed limit in or

  5  a posted construction zone will be assessed a fine double the

  6  amount listed in paragraph (b). The fine shall be doubled for

  7  construction zone violations only if construction personnel

  8  are present or operating equipment on the road or immediately

  9  adjacent to the road under construction.

10         (e)(d)  If a violation of s. 316.1301 or s. 316.1303

11  results in an injury to the pedestrian or damage to the

12  property of the pedestrian, an additional fine of up to $250

13  must be assessed.  This amount must be distributed pursuant to

14  s. 318.21.

15         Section 2.  Subsection (3) of section 320.07, Florida

16  Statutes, is amended to read:

17         320.07  Expiration of registration; annual renewal

18  required; penalties.--

19         (3)  The operation of any motor vehicle without having

20  attached thereto a registration license plate and validation

21  stickers, or the use of any mobile home without having

22  attached thereto a mobile home sticker, for the current

23  registration period shall subject the owner thereof, if he or

24  she is present, or, if the owner is not present, the operator

25  thereof to the following penalty provisions:

26         (a)  Any person whose motor vehicle or mobile home

27  registration has been expired for a period of 6 months or less

28  shall be subject to the penalty provided in s. 318.14.

29         (b)  Any person whose motor vehicle or mobile home

30  registration has been expired for more than 6 months shall

31

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  1  upon a first offense be subject to the penalty provided in s.

  2  318.14.

  3         (c)(b)  Any person whose motor vehicle or mobile home

  4  registration has been expired for more than 6 months shall

  5  upon a second or subsequent offense be is guilty of a

  6  misdemeanor of the second degree, punishable as provided in s.

  7  775.082 or s. 775.083.

  8         (d)(c)  However, no operator shall be charged with a

  9  violation of this subsection if the operator can show,

10  pursuant to a valid lease agreement, that the vehicle had been

11  leased for a period of 30 days or less at the time of the

12  offense.

13         Section 3.  Subsections (1) and (2) of section 322.26,

14  Florida Statutes, are amended to read:

15         322.26  Mandatory revocation of license by

16  department.--The department shall forthwith revoke the license

17  or driving privilege of any person upon receiving a record of

18  such person's conviction of any of the following offenses:

19         (1)(a)  Murder resulting from the operation of a motor

20  vehicle, DUI manslaughter where the conviction represents a

21  subsequent DUI-related conviction, or a fourth violation of s.

22  316.193 or former s. 316.1931. For such cases, the revocation

23  of the driver's license or driving privilege shall be

24  permanent.

25         (b)  Manslaughter resulting from the operation of a

26  motor vehicle.

27         (2)  Driving a motor vehicle or being in actual

28  physical control thereof, or entering a plea of nolo

29  contendere, said plea being accepted by the court and said

30  court entering a fine or sentence to a charge of driving,

31  while under the influence of alcoholic beverages or a

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  1  substance controlled under chapter 893, or being in actual

  2  physical control of a motor vehicle while under the influence

  3  of alcoholic beverages or a substance controlled under chapter

  4  893.  In any case where DUI manslaughter occurs and the person

  5  has no prior convictions for DUI-related offenses, the

  6  revocation of the license or driving privilege shall be

  7  permanent, except as provided for in s. 322.271(4).

  8         Section 4.  Paragraph (b) of subsection (1) and

  9  subsection (4) of section 322.271, Florida Statutes, are

10  amended to read:

11         322.271  Authority to modify revocation, cancellation,

12  or suspension order.--

13         (1)

14         (b)  A person whose driving privilege has been revoked

15  under s. 322.27(5) may, upon expiration of 12 months from the

16  date of such revocation, petition the department for

17  reinstatement restoration of his or her driving privilege.

18  Upon such petition and after investigation of the person's

19  qualification, fitness, and need to drive, the department

20  shall hold a hearing pursuant to chapter 120 to determine

21  whether the driving privilege shall be reinstated restored on

22  a restricted basis solely for business or employment purposes.

23         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

24  a person whose driving privilege has been permanently revoked

25  because he or she has been convicted four times of violating

26  s. 316.193 or former s. 316.1931 or because he or she has been

27  convicted of DUI manslaughter in violation of s. 316.193 and

28  has no prior convictions for DUI-related offenses may, upon

29  the expiration of 5 years after the date of such revocation or

30  the expiration of 5 years after the termination of any term of

31  incarceration under s. 316.193 or former s. 316.1931,

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    Florida Senate - 1998                           CS for SB 1218
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  1  whichever date is later, petition the department for

  2  reinstatement of his or her driving privilege.

  3         (a)  Within 30 days after the receipt of such a

  4  petition, the department shall afford the petitioner an

  5  opportunity for a hearing.  At the hearing, the petitioner

  6  must demonstrate to the department that he or she:

  7         1.  Has not been arrested for a drug-related offense

  8  during the 5 years preceding the filing of the petition;

  9         2.  Has not driven a motor vehicle without a license

10  for at least 5 years prior to the hearing;

11         3.  Has been drug-free for at least 5 years prior to

12  the hearing; and

13         4.  Has completed a DUI program licensed by the

14  department.

15         (b)  At such hearing, the department shall determine

16  the petitioner's qualification, fitness, and need to drive.

17  Upon such determination, the department may, in its

18  discretion, reinstate the driver's license of the petitioner.

19  Such reinstatement must be made subject to the following

20  qualifications:

21         1.  The license must be restricted for employment

22  purposes for not less than 1 year; and

23         2.  Such person must be supervised by a DUI program

24  licensed by the department and report to the program for such

25  supervision and education at least four times a year or

26  additionally as required by the program for the remainder of

27  the revocation period.  Such supervision shall include

28  evaluation, education, referral into treatment, and other

29  activities required by the department.

30         (c)  Such person must assume the reasonable costs of

31  supervision.  If such person fails to comply with the required

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    Florida Senate - 1998                           CS for SB 1218
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  1  supervision, the program shall report the failure to the

  2  department, and the department shall cancel such person's

  3  driving privilege.

  4         (d)  If, after reinstatement, such person is convicted

  5  of an offense for which mandatory revocation of his or her

  6  license is required, the department shall revoke his or her

  7  driving privilege.

  8         (e)  The department shall adopt rules regulating the

  9  providing of services by DUI programs pursuant to this

10  section.

11         Section 5.  Paragraph (e) of subsection (2) of section

12  322.28, Florida Statutes, is amended, present subsections (3),

13  (4), (6), and (8) of that section are redesignated as

14  subsections (4), (5), (7), and (9), respectively, present

15  subsection (5) of that section is redesignated as subsection

16  (6) and amended, and a new subsection (3) is added to that

17  section, to read:

18         322.28  Period of suspension or revocation.--

19         (2)  In a prosecution for a violation of s. 316.193 or

20  former s. 316.1931, the following provisions apply:

21         (e)  The court shall permanently revoke the driver's

22  license or driving privilege of a person who has been

23  convicted four times for violation of s. 316.193 or former s.

24  316.1931 or a combination of such sections.  The court shall

25  permanently revoke the driver's license or driving privilege

26  of any person who has been convicted of DUI manslaughter in

27  violation of s. 316.193.  If the court has not permanently

28  revoked such driver's license or driving privilege within 30

29  days after imposing sentence, the department shall permanently

30  revoke the driver's license or driving privilege pursuant to

31  this paragraph.  No driver's license or driving privilege may

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    Florida Senate - 1998                           CS for SB 1218
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  1  be issued or granted to any such person. This paragraph

  2  applies only if at least one of the convictions for violation

  3  of s. 316.193 or former s. 316.1931 was for a violation that

  4  occurred after July 1, 1982.  For the purposes of this

  5  paragraph, a conviction for violation of former s. 316.028,

  6  former s. 316.1931, or former s. 860.01 is also considered a

  7  conviction for violation of s. 316.193.  Also, a conviction of

  8  driving under the influence, driving while intoxicated,

  9  driving with an unlawful blood-alcohol level, or any other

10  similar alcohol-related or drug-related traffic offense

11  outside this state is considered a conviction for the purposes

12  of this paragraph.

13         (3)  The court shall permanently revoke the driver's

14  license or driving privilege of a person who has been

15  convicted of murder resulting from the operation of a motor

16  vehicle. No driver's license or driving privilege may be

17  issued or granted to any such person.

18         (4)(3)  Upon the conviction of a person for a violation

19  of s. 322.34, the license or driving privilege, if suspended,

20  shall be suspended for 3 months in addition to the period of

21  suspension previously imposed and, if revoked, the time after

22  which a new license may be issued shall be delayed 3 months.

23         (5)(4)  If, in any case arising under this section, a

24  licensee, after having been given notice of suspension or

25  revocation of his or her license in the manner provided in s.

26  322.251, fails to surrender to the department a license

27  theretofore suspended or revoked, as required by s. 322.29, or

28  fails otherwise to account for the license to the satisfaction

29  of the department, the period of suspension of the license, or

30  the period required to elapse after revocation before a new

31  license may be issued, shall be extended until, and shall not

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    Florida Senate - 1998                           CS for SB 1218
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  1  expire until, a period has elapsed after the date of surrender

  2  of the license, or after the date of expiration of the

  3  license, whichever occurs first, which is identical in length

  4  with the original period of suspension or revocation.

  5         (6)(5)(a)  Upon a conviction for a violation of s.

  6  316.193(3)(c)2., involving serious bodily injury, a conviction

  7  of manslaughter resulting from the operation of a motor

  8  vehicle, or a conviction of vehicular homicide, the court

  9  shall revoke the driver's license of the person convicted for

10  a minimum period of 3 years if death to any other person

11  resulted from the operation of a motor vehicle by such driver.

12  In the event that a conviction under s. 316.193(3)(c)2.,

13  involving serious bodily injury, is also a subsequent

14  conviction as described under paragraph (2)(a), the court

15  shall revoke the driver's license or driving privilege of the

16  person convicted for the period applicable as provided in

17  paragraph (2)(a) or paragraph (2)(e).

18         (b)  If the period of revocation was not specified by

19  the court at the time of imposing sentence or within 30 days

20  thereafter, the department shall revoke the driver's license

21  for the minimum period applicable under paragraph (a) or, for

22  a subsequent conviction, for the minimum period applicable

23  under paragraph (2)(a) or paragraph (2)(e).

24         (7)(6)  No administrative suspension of a driving

25  privilege under s. 322.2615 shall be stayed upon a request for

26  review of the departmental order that resulted in such

27  suspension and, except as provided in former s. 322.261, no

28  suspension or revocation of a driving privilege shall be

29  stayed upon an appeal of the conviction or order that resulted

30  therein.

31

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  1         (8)(7)  In a prosecution for a violation of s.

  2  316.172(1), and upon a showing of the department's records

  3  that the licensee has received a second conviction within a

  4  period of 5 years from the date of a prior conviction of s.

  5  316.172(1), the department shall, upon direction of the court,

  6  suspend the driver's license of the person convicted for a

  7  period of not less than 90 days nor more than 6 months.

  8         Section 6.  Section 322.283, Florida Statutes, is

  9  created to read:

10         322.283  Commencement of period of suspension or

11  revocation for incarcerated offenders.--

12         (1)  When the court in a criminal traffic case orders

13  the defendant to serve a term of incarceration or imprisonment

14  and also suspends or revokes the defendant's driver's license

15  as a result of the offense, the period of suspension or

16  revocation shall commence upon the defendant's release from

17  incarceration. For purposes of calculating the defendant's

18  eligibility for reinstatement of his or her driver's license

19  or driving privilege under this section, the date of the

20  defendant's release from incarceration shall be deemed the

21  date the suspension or revocation period was imposed.

22         (2)  For defendants convicted of a criminal traffic

23  offense and sentenced to imprisonment with the Department of

24  Corrections, the Department of Corrections shall notify the

25  Department of Highway Safety and Motor Vehicles of the date of

26  the defendant's release from prison or other state

27  correctional facility. For defendants convicted of a criminal

28  traffic offense and sentenced to incarceration within the

29  jurisdictional county jail or other correctional facility

30  operated by the jurisdictional county, the sheriff of the

31  jurisdictional county wherein the defendant is incarcerated

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  1  shall notify the Department of Highway Safety and Motor

  2  Vehicles of the date of the defendant's release from the

  3  county jail or other correctional facility. The notification

  4  of a defendant's release from incarceration shall be on a form

  5  approved by the Department of Highway Safety and Motor

  6  Vehicles. This subsection applies only to those defendants who

  7  have had their driver's license or driving privilege suspended

  8  or revoked as a result of the offense for which they are

  9  incarcerated or imprisoned.

10         Section 7.  Subsection (2) of section 322.34, Florida

11  Statutes, is amended to read:

12         322.34  Driving while license suspended, revoked,

13  canceled, or disqualified.--

14         (2)  Any person whose driver's license or driving

15  privilege has been canceled, suspended, or revoked as provided

16  by law, except persons defined in s. 322.264, who, knowing of

17  such cancellation, suspension, or revocation, drives any motor

18  vehicle upon the highways of this state while such license or

19  privilege is canceled, suspended, or revoked, upon:

20         (a)  A first conviction is guilty of a misdemeanor of

21  the second degree, punishable as provided in s. 775.082 or s.

22  775.083.

23         (b)  A second conviction is guilty of a misdemeanor of

24  the first degree, punishable as provided in s. 775.082 or s.

25  775.083.

26         (c)  A third or subsequent conviction is guilty of a

27  felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29

30  The element of knowledge is satisfied if the person has been

31  previously cited as provided in subsection (1); or the person

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  1  admits to knowledge of the cancellation, suspension, or

  2  revocation; or the person received notice as provided in

  3  subsection (4). There shall be a rebuttable presumption that

  4  the knowledge requirement is satisfied if a judgment or order

  5  as provided in subsection (4) appears in the department's

  6  records for any case except for one involving a suspension by

  7  the department for failure to pay a traffic fine or for a

  8  financial responsibility violation.

  9         Section 8.  Section 322.341, Florida Statutes, is

10  created to read:

11         322.341  Driving while license permanently

12  revoked.--Any person whose driver's license or driving

13  privilege has been permanently revoked pursuant to s. 322.26

14  or s. 322.28 and who drives a motor vehicle upon the highways

15  of this state is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084. Any person convicted under this section shall be

18  sentenced to a minimum term of imprisonment of 2 years.

19         Section 9.  Subsections (6) and (7) of section 627.733,

20  Florida Statutes, are amended to read:

21         627.733  Required security.--

22         (6)  The Department of Highway Safety and Motor

23  Vehicles shall suspend, after due notice and an opportunity to

24  be heard, the registration and driver's license of any owner

25  or registrant of a motor vehicle with respect to which

26  security is required under this section and s. 324.022:

27         (a)  Upon its records showing that the owner or

28  registrant of such motor vehicle did not have in full force

29  and effect when required security complying with the terms of

30  this section; or

31

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  1         (b)  Upon notification by the insurer to the Department

  2  of Highway Safety and Motor Vehicles, in a form approved by

  3  the department, of cancellation or termination of the required

  4  security.

  5         (7)(a)  Any operator or owner whose driver's license or

  6  registration has been suspended pursuant to this section or s.

  7  316.646 may effect its reinstatement upon compliance with the

  8  requirements of this section and upon payment to the

  9  Department of Highway Safety and Motor Vehicles of a

10  nonrefundable reinstatement fee of $150 for the first

11  reinstatement.  Such reinstatement fee shall be $250 for the

12  second reinstatement and $500 for each subsequent

13  reinstatement during the 3 years following the first

14  reinstatement. Any person reinstating her or his insurance

15  under this subsection must also secure noncancelable coverage

16  as described in s. 627.7275(2) and present to the appropriate

17  person proof that the coverage is in force on a form

18  promulgated by the Department of Highway Safety and Motor

19  Vehicles, such proof to be maintained for 2 years.  If the

20  person does not have a second reinstatement within 3 years

21  after her or his initial reinstatement, the reinstatement fee

22  shall be $150 for the first reinstatement after that 3-year

23  period.  In the event that a person's license and registration

24  are suspended pursuant to this section or s. 316.646, only one

25  reinstatement fee shall be paid to reinstate the license and

26  the registration.  All fees shall be collected by the

27  Department of Highway Safety and Motor Vehicles at the time of

28  reinstatement.  The Department of Highway Safety and Motor

29  Vehicles shall issue proper receipts for such fees and shall

30  promptly deposit those fees in the Highway Safety Operating

31  Trust Fund. One-third of the fee collected under this

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  1  subsection shall be distributed from the Highway Safety

  2  Operating Trust Fund to the local government entity or state

  3  agency which employed the law enforcement officer or the

  4  recovery agent who seizes a license plate pursuant to s.

  5  324.201 or to s. 324.202.  Such funds may be used by the local

  6  government entity or state agency for any authorized purpose.

  7         (b)  One-third of the fee collected for the seizure of

  8  a license plate by a recovery agent shall be paid to the

  9  recovery agent, and the balance shall remain in the Highway

10  Safety Operating Trust Fund and be distributed pursuant to s.

11  321.245.

12         Section 10.  This act shall take effect July 1, 1999.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1218

16

17  The CS provides that other than in a school zone persons
    exceeding the posted speed limit by 1-5 miles per hour would
18  receive a warning rather than a $25 citation. The CS also
    specifies certain conditions under which fines for speed
19  violations in construction zones may be doubled.

20  The CS provides that any person whose motor vehicle or mobile
    home registration has been expired for more than 6 months will
21  upon the first offense be cited with a noncriminal traffic
    infraction. A second offense is punishable as a second degree
22  misdemeanor.

23  The CS provides for the permanent revocation of driving
    privileges for persons convicted of murder resulting from the
24  operation of a motor vehicle, DUI manslaughter where the
    conviction represents a subsequent DUI-related conviction, or
25  4 or more DUI-related violations. The CS revises the element
    of knowledge for purposes of driving with a suspended,
26  revoked, cancelled, or disqualified license to provide that
    there a rebuttable presumption that the knowledge requirement
27  is satisfied if a judgment or order appears on the
    Department's driving records.  Exceptions include failure to
28  pay traffic fine and financial responsibility violations.

29  The CS eliminates the Department's authority to suspend the
    driver's license of a motor vehicle owner not complying with
30  the security requirements provided for in sections 324.022 and
    627.733, F.S.
31

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