CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Crist moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, between lines 29 and 30,

15

16  insert:

17         Section 6.  Subsection (3) of section 318.18, Florida

18  Statutes, is amended to read:

19         318.18  Amount of civil penalties.--The penalties

20  required for a noncriminal disposition pursuant to s. 318.14

21  are as follows:

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

23  $60 for all moving violations not requiring a mandatory

24  appearance.

25         (b)  For moving violations involving unlawful speed,

26  the fines are as follows:

27

28  For speed exceeding the limit by:                        Fine:

29  1-5 m.p.h..............................................Warning

30  6-9 1-9 m.p.h.............................................$ 25

31  10-14 m.p.h...............................................$100

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1  15-19 m.p.h...............................................$125

 2  20-29 m.p.h...............................................$150

 3  30 m.p.h. and above.......................................$250

 4

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

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

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

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

 9  the amount listed in paragraph (b).

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

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

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

13  construction zone violations only if construction personnel

14  are present or operating equipment on the road or immediately

15  adjacent to the road under construction.

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

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

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

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

20  s. 318.21.

21         Section 7.  Subsection (3) of section 320.07, Florida

22  Statutes, is amended to read:

23         320.07  Expiration of registration; annual renewal

24  required; penalties.--

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

26  attached thereto a registration license plate and validation

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

28  attached thereto a mobile home sticker, for the current

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

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

31  thereof to the following penalty provisions:

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

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

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

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

 5  registration has been expired for more than 6 months shall

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

 7  318.14.

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

 9  registration has been expired for more than 6 months shall

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

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

12  775.082 or s. 775.083.

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

14  violation of this subsection if the operator can show,

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

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

17  offense.

18         Section 8.  Subsections (1) and (2) of section 322.26,

19  Florida Statutes, are amended to read:

20         322.26  Mandatory revocation of license by

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

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

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

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

25  vehicle, DUI manslaughter where the conviction represents a

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

27  316.193 or former s. 316.1931. For such cases, the revocation

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

29  permanent.

30         (b)  Manslaughter resulting from the operation of a

31  motor vehicle.

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

 2  physical control thereof, or entering a plea of nolo

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

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

 5  while under the influence of alcoholic beverages or a

 6  substance controlled under chapter 893, or being in actual

 7  physical control of a motor vehicle while under the influence

 8  of alcoholic beverages or a substance controlled under chapter

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

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

11  revocation of the license or driving privilege shall be

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

13         Section 9.  Paragraph (b) of subsection (1) and

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

15  amended to read:

16         322.271  Authority to modify revocation, cancellation,

17  or suspension order.--

18         (1)

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

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

21  date of such revocation, petition the department for

22  reinstatement restoration of his or her driving privilege.

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

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

25  shall hold a hearing pursuant to chapter 120 to determine

26  whether the driving privilege shall be reinstated restored on

27  a restricted basis solely for business or employment purposes.

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

29  a person whose driving privilege has been permanently revoked

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

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

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

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

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

 6  whichever date is later, petition the department for

 7  reinstatement of his or her driving privilege.

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

 9  petition, the department shall afford the petitioner an

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

11  must demonstrate to the department that he or she:

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

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

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

15  for at least 5 years prior to the hearing;

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

17  the hearing; and

18         4.  Has completed a DUI program licensed by the

19  department.

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

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

22  Upon such determination, the department may, in its

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

24  Such reinstatement must be made subject to the following

25  qualifications:

26         1.  The license must be restricted for employment

27  purposes for not less than 1 year; and

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

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

30  supervision and education at least four times a year or

31  additionally as required by the program for the remainder of

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1  the revocation period.  Such supervision shall include

 2  evaluation, education, referral into treatment, and other

 3  activities required by the department.

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

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

 6  supervision, the program shall report the failure to the

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

 8  driving privilege.

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

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

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

12  driving privilege.

13         (e)  The department shall adopt rules regulating the

14  providing of services by DUI programs pursuant to this

15  section.

16         Section 10.  Paragraph (e) of subsection (2) of section

17  322.28, Florida Statutes, is amended, present subsections (3),

18  (4), (6), and (8) of that section are redesignated as

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

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

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

22  section, to read:

23         322.28  Period of suspension or revocation.--

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

25  former s. 316.1931, the following provisions apply:

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

27  license or driving privilege of a person who has been

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

29  316.1931 or a combination of such sections.  The court shall

30  permanently revoke the driver's license or driving privilege

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

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

 3  days after imposing sentence, the department shall permanently

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

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

 6  be issued or granted to any such person. This paragraph

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

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

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

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

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

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

13  driving under the influence, driving while intoxicated,

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

15  similar alcohol-related or drug-related traffic offense

16  outside this state is considered a conviction for the purposes

17  of this paragraph.

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

19  license or driving privilege of a person who has been

20  convicted of murder resulting from the operation of a motor

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

22  issued or granted to any such person.

23         (4)(3)  Upon the conviction of a person for a violation

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

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

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

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

28         (5)(4)  If, in any case arising under this section, a

29  licensee, after having been given notice of suspension or

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

31  322.251, fails to surrender to the department a license

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

 2  fails otherwise to account for the license to the satisfaction

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

 4  the period required to elapse after revocation before a new

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

 6  expire until, a period has elapsed after the date of surrender

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

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

 9  with the original period of suspension or revocation.

10         (6)(5)(a)  Upon a conviction for a violation of s.

11  316.193(3)(c)2., involving serious bodily injury, a conviction

12  of manslaughter resulting from the operation of a motor

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

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

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

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

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

18  involving serious bodily injury, is also a subsequent

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

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

21  person convicted for the period applicable as provided in

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

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

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

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

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

27  a subsequent conviction, for the minimum period applicable

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

29         (7)(6)  No administrative suspension of a driving

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

31  review of the departmental order that resulted in such

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

 2  suspension or revocation of a driving privilege shall be

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

 4  therein.

 5         (8)(7)  In a prosecution for a violation of s.

 6  316.172(1), and upon a showing of the department's records

 7  that the licensee has received a second conviction within a

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

 9  316.172(1), the department shall, upon direction of the court,

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

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

12         Section 11.  Section 322.283, Florida Statutes, is

13  created to read:

14         322.283  Commencement of period of suspension or

15  revocation for incarcerated offenders.--

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

17  the defendant to serve a term of incarceration or imprisonment

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

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

20  revocation shall commence upon the defendant's release from

21  incarceration. For purposes of calculating the defendant's

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

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

24  defendant's release from incarceration shall be deemed the

25  date the suspension or revocation period was imposed.

26         (2)  For defendants convicted of a criminal traffic

27  offense and sentenced to imprisonment with the Department of

28  Corrections, the Department of Corrections shall notify the

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

30  the defendant's release from prison or other state

31  correctional facility. For defendants convicted of a criminal

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1  traffic offense and sentenced to incarceration within the

 2  jurisdictional county jail or other correctional facility

 3  operated by the jurisdictional county, the sheriff of the

 4  jurisdictional county wherein the defendant is incarcerated

 5  shall notify the Department of Highway Safety and Motor

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

 7  county jail or other correctional facility. The notification

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

 9  approved by the Department of Highway Safety and Motor

10  Vehicles. This subsection applies only to those defendants who

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

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

13  incarcerated or imprisoned.

14         Section 12.  Subsection (2) of section 322.34, Florida

15  Statutes, is amended to read:

16         322.34  Driving while license suspended, revoked,

17  canceled, or disqualified.--

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

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

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

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

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

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

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

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

26  775.083.

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

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

29  775.083.

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1  775.082, s. 775.083, or s. 775.084.

 2

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

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

 5  admits to knowledge of the cancellation, suspension, or

 6  revocation; or the person received notice as provided in

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

 8  the knowledge requirement is satisfied if a judgment or order

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

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

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

12  financial responsibility violation.

13         Section 13.  Section 322.341, Florida Statutes, is

14  created to read:

15         322.341  Driving while license permanently

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

17  privilege has been permanently revoked pursuant to s. 322.26

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

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

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

21  775.084.

22         Section 14.  Effective July 1, 2000, subsections (6)

23  and (7) of section 627.733, Florida Statutes, are amended to

24  read:

25         627.733  Required security.--

26         (6)  The Department of Highway Safety and Motor

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

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

29  or registrant of a motor vehicle with respect to which

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





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

 2  and effect when required security complying with the terms of

 3  this section; or

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

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

 6  the department, of cancellation or termination of the required

 7  security.

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

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

10  316.646 may effect its reinstatement upon compliance with the

11  requirements of this section and upon payment to the

12  Department of Highway Safety and Motor Vehicles of a

13  nonrefundable reinstatement fee of $150 for the first

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

15  second reinstatement and $500 for each subsequent

16  reinstatement during the 3 years following the first

17  reinstatement. Any person reinstating her or his insurance

18  under this subsection must also secure noncancelable coverage

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

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

21  promulgated by the Department of Highway Safety and Motor

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

23  person does not have a second reinstatement within 3 years

24  after her or his initial reinstatement, the reinstatement fee

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

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

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

28  reinstatement fee shall be paid to reinstate the license and

29  the registration.  All fees shall be collected by the

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

31  reinstatement.  The Department of Highway Safety and Motor

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1  Vehicles shall issue proper receipts for such fees and shall

 2  promptly deposit those fees in the Highway Safety Operating

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

 4  subsection shall be distributed from the Highway Safety

 5  Operating Trust Fund to the local government entity or state

 6  agency which employed the law enforcement officer or the

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

 8  324.201 or to s. 324.202.  Such funds may be used by the local

 9  government entity or state agency for any authorized purpose.

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

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

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

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

14  321.245.

15

16  (Redesignate subsequent sections.)

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 24, delete the words "providing an

22  effective date."

23

24  and insert:

25         amending s. 318.18, F.S.; rescinding the fine

26         for speeds exceeding the limit by 1-5 m.p.h.

27         and replacing the fine with a warning;

28         providing that fines for construction zone

29         speed violations shall be doubled only under

30         certain circumstances; amending s. 320.07,

31         F.S.; revising penalties for expiration of

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                                                  SENATE AMENDMENT

    Bill No. HB 3275, 2nd Eng.

    Amendment No.    





 1         registration; amending s. 322.26, F.S.;

 2         providing for permanent revocation of a

 3         driver's license for murder resulting from the

 4         operation of a motor vehicle, DUI manslaughter

 5         where the conviction represents a subsequent

 6         DUI-related conviction, or four or more DUI

 7         violations; amending s. 322.271, F.S.;

 8         providing for petition for reinstatement under

 9         certain circumstances; amending s. 322.28,

10         F.S.; revising provisions with respect to the

11         period of suspension or revocation; conforming

12         current provisions to the act; creating s.

13         322.283, F.S.; providing for the commencement

14         of the period of suspension or revocation for

15         incarcerated offenders; providing for

16         notification to the Department of Highway

17         Safety and Motor Vehicles; amending s. 322.34,

18         F.S.; providing that the element of knowledge

19         with respect to the suspension, revocation,

20         cancellation, or disqualification is satisfied

21         when certain notice is sent; creating s.

22         322.341, F.S.; providing penalties for driving

23         while a license is permanently revoked;

24         amending s. 627.733, F.S.; deleting a provision

25         for revoking the driver's license of an owner

26         or registrant of a motor vehicle who does not

27         provide required security for that vehicle;

28         providing effective dates.

29

30

31

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