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1
2 An act relating to driver's licenses,
3 identification cards, and motor vehicle
4 registrations; amending s. 61.13016, F.S.;
5 specifying requirements for giving a delinquent
6 child-support obligor notice of delinquency and
7 intent to suspend; amending s. 322.245, F.S.;
8 providing notice in accordance with s.
9 61.13016, F.S.; amending s. 322.32, F.S.;
10 deleting reference to possession of a
11 fictitious or fraudulently altered driver's
12 license; amending s. 322.212, F.S.; providing
13 that it is unlawful for any person knowingly to
14 possess any instrument in the similitude of a
15 driver's license issued by the Department of
16 Highway Safety and Motor Vehicles or of any
17 other state or jurisdiction that issues
18 licenses recognized in this state for the
19 operation of a motor vehicle, or any
20 identification card issued by the department or
21 of another state or jurisdiction, unless
22 possession by such person has been duly
23 authorized by the department; providing
24 penalties; amending s. 831.29, F.S.;
25 prohibiting the possession, use, or transport
26 of implements and materials used to produce
27 identification cards; amending s. 921.0012,
28 F.S.; conforming cross-references; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 61.13016, Florida Statutes, is
2 amended to read:
3 61.13016 Suspension of driver's licenses and motor
4 vehicle registrations.--
5 (1) The driver's license and motor vehicle
6 registration of a child support obligor who is delinquent in
7 payment may be suspended. Upon a delinquency in child support
8 in IV-D cases, the Title IV-D agency may provide serve notice
9 to on the obligor of the delinquency and the intent to suspend
10 by regular United States mail that is posted to the obligor's
11 last address of record with the Department of Highway Safety
12 and Motor Vehicles as provided under s. 322.245. Upon a
13 delinquency in child support in non-IV-D cases, and upon the
14 request of the obligee, the depository or the clerk of the
15 court must provide serve notice to by certified mail, return
16 receipt requested, on the obligor of the delinquency and the
17 intent to suspend by regular United States mail that is posted
18 to the obligor's last address of record with the Department of
19 Highway Safety and Motor Vehicles as provided under s.
20 322.245. In either case, the notice must state:
21 (a) The terms of the order creating the child support
22 obligation;
23 (b) The period of the delinquency and the total amount
24 of the delinquency as of the date of the notice;
25 (c) That notification will be given to The intent of
26 the Title IV-D agency in IV-D cases or the depository or clerk
27 of the court in non-IV-D cases to notify the Department of
28 Highway Safety and Motor Vehicles to suspend the obligor's
29 driver's license and motor vehicle registration unless, within
30 20 15 days after the date receipt of the notice is mailed, the
31 obligor:
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1 1.a. Pays the delinquency in full;
2 b.2. Enters into a written agreement for payment with
3 the obligee in non-IV-D cases or with the Title IV-D agency in
4 IV-D cases; or
5 c.3. Files a petition with the circuit court to
6 contest the delinquency action; and
7 2. Pays any applicable delinquency fees.
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9 If the obligor in non-IV-D cases enters into a written
10 agreement for payment before prior to the expiration of the
11 20-day 15-day period, he must provide a copy of the signed
12 written agreement to the depository or the clerk of the court.
13 (2) If the obligor does not, within 20 15 days after
14 the mailing date on receipt of the notice, pay the
15 delinquency, enter into a payment agreement, or file a motion
16 to contest, the Title IV-D agency in IV-D cases, or the
17 depository or clerk of the court in non-IV-D cases, shall file
18 the notice with the Department of Highway Safety and Motor
19 Vehicles and request the suspension of the obligor's driver's
20 license and motor vehicle registration in accordance with s.
21 322.058.
22 (3) The obligor may, within 20 15 days after the
23 mailing date on the receipt of a notice of delinquency and
24 intent to suspend, file in the circuit court a petition to
25 contest the notice of delinquency and intent to suspend on the
26 ground of mistake of fact regarding the existence of a
27 delinquency or the identity of the obligor. The obligor must
28 serve a copy of the petition on the Title IV-D agency in IV-D
29 cases or depository or clerk of the court in non-IV-D cases.
30 When an obligor timely files a petition to contest, the court
31 must hear the matter within 15 days after the petition is
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1 filed. The court must enter an order resolving the matter
2 within 10 days after the hearing, and a copy of the order must
3 be served on the parties. The timely filing of a petition to
4 contest stays the notice of delinquency and intent to suspend
5 until the entry of a court order resolving the matter.
6 (4) The Title IV-D agency shall submit a report that
7 describes the measured results and effectiveness of the
8 driver's license suspension process set forth in this section
9 for IV-D cases to the Senate and the House of Representatives
10 by February 1, 1997.
11 Section 2. Subsections (2) and (3) of section 322.245,
12 Florida Statutes, 1996 Supplement, are amended to read:
13 322.245 Suspension of license upon failure of person
14 charged with specified offense under chapter 316, chapter 320,
15 or this chapter to comply with directives ordered by traffic
16 court or upon failure to pay child support in non-IV-D cases
17 as provided in chapter 61.--
18 (2) In non-IV-D cases, if a person fails to pay child
19 support under chapter 61 and the obligee so requests, the
20 depository or the clerk of the court shall mail in accordance
21 with s. 61.13016 to the person, at the last address of record
22 as maintained by the local depository, the notice specified in
23 that section, s. 61.13016 notifying him that if he does not
24 comply with the requirements of that section and pay a
25 delinquency fee of $10 to the depository or the clerk, his
26 driver's license and motor vehicle registration will be
27 suspended. The delinquency fee may be retained by the
28 depository or the office of the clerk to defray the operating
29 costs of the office.
30 (3) If the person fails to comply with the directives
31 of the court within the 30-day period, or, in non-IV-D cases,
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1 fails to comply with the requirements of s. 61.13016 within
2 the 15-day period specified in that statute, the depository or
3 the clerk of the court shall notify the department of such
4 failure within 5 days. Upon receipt of the notice, the
5 department shall immediately issue an order suspending the
6 person's driver's license and privilege to drive effective 20
7 days after the date the order of suspension is mailed in
8 accordance with s. 322.251(1), (2), and (6).
9 Section 3. Section 322.32, Florida Statutes, is
10 amended to read:
11 322.32 Unlawful use of license.--It is a misdemeanor
12 of the second degree, punishable as provided in s. 775.082 or
13 s. 775.083, for any person:
14 (1) To display, cause or permit to be displayed, or
15 have in his or her possession any canceled, revoked,
16 suspended, or disqualified, fictitious, or fraudulently
17 altered driver's license.
18 (2) To lend his or her driver's license to any other
19 person or knowingly permit the use thereof by another.
20 (3) To display, or represent as his or her own, any
21 driver's license not issued to him or her.
22 (4) To fail or refuse to surrender to the department
23 upon its lawful demand any driver's license that which has
24 been suspended, revoked, disqualified, or canceled.
25 (5) To permit any unlawful use of a driver's license
26 issued to him or her.
27 (6) To apply for, obtain, or cause to be issued to him
28 or her two or more photographic driver's licenses which are in
29 different names. The issuance of such licenses shall be prima
30 facie evidence that the licensee has violated the provisions
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1 of this section unless the issuance was in compliance with the
2 requirements of this chapter.
3 (7) To do any act forbidden, or fail to perform any
4 act required, by this chapter.
5 Section 4. Section 322.212, Florida Statutes, is
6 amended to read:
7 322.212 Unauthorized possession of, and other unlawful
8 acts in relation to, driver's license or identification
9 card.--
10 (1) It is unlawful for any person:
11 (a) Knowingly to have in his or her possession or to
12 display any blank, forged, stolen, fictitious, counterfeit, or
13 unlawfully issued driver's license or identification card or
14 any instrument in the similitude of a driver's license or
15 identification card described in s. 322.051 unless possession
16 by such person has been duly authorized by the department;
17 (b) Knowingly to have in his or her possession any
18 instrument in the similitude of a driver's license issued by
19 the department or its duly authorized agents or those of any
20 state or jurisdiction issuing licenses recognized in this
21 state for the operation of a motor vehicle; or
22 (c) Knowingly to have in his or her possession any
23 instrument in the similitude of an identification card issued
24 by the department or its duly authorized agents or those of
25 any state or jurisdiction issuing identification cards
26 recognized in this state for the purpose of indicating a
27 person's true name and age.
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29 The term "driver's license" includes a driver's license issued
30 by the department or its agents or a driver's license issued
31 by any state or jurisdiction that issues licenses recognized
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1 in this state for the operation of a motor vehicle. The term
2 "identification card" includes any identification card issued
3 by the department or its agents or any identification card
4 issued by any state or jurisdiction that issues identification
5 cards recognized in this state for the purpose of indicating a
6 person's true name and age. This subsection does not prohibit
7 a person from possessing or displaying another person's
8 driver's license or identification card for a lawful purpose.
9 (2) It is unlawful for any person to barter, trade,
10 sell, or give away any driver's license or identification card
11 or to perpetrate a conspiracy to barter, trade, sell, or give
12 away any such license or identification card unless such
13 person has been duly authorized to issue the license or
14 identification card by the department as provided in this
15 chapter or in the adopted rules and regulations of the
16 department.
17 (3) It is unlawful for any employee of the department
18 to allow or permit the issuance of a driver's license or
19 identification card when he or she knows that the applicant
20 has not lawfully fulfilled the requirements of this chapter
21 for the issuance of such license or identification card.
22 (4) It is unlawful for any person to agree to supply
23 or to aid in supplying any person with a driver's license or
24 identification card by any means whatsoever not in accordance
25 with the provisions of this chapter.
26 (5)(a) It is unlawful for any person to use a false or
27 fictitious name in any application for a driver's license or
28 identification card or knowingly to make a false statement,
29 knowingly conceal a material fact, or otherwise commit a fraud
30 in any such application.
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1 (b) It is unlawful for any person to have in his or
2 her possession a driver's license or identification card upon
3 which the date of birth has been altered.
4 (6) Any person who violates any of the provisions of
5 this section act is guilty of a felony of the third degree,
6 punishable as provided in s. 775.082, s. 775.083, or s.
7 775.084. However, any person who violates paragraph (5)(a)
8 the provisions of subsection (5) by giving a false age in any
9 application for a driver's license or identification card or
10 who violates paragraph (5)(b) by possessing a driver's
11 license, identification card, or any instrument in the
12 similitude thereof, on which the date of birth has been
13 altered is guilty of a misdemeanor of the second degree,
14 punishable as provided in s. 775.082 or s. 775.083.
15 (7) The foregoing provisions of this section are in
16 addition and supplemental to all other provisions of this
17 chapter and of the laws of this state relating to driver's
18 licenses and identification cards.
19 Section 5. Section 831.29, Florida Statutes, is
20 amended to read:
21 831.29 Making or having instruments and material for
22 counterfeiting driver's drivers' licenses or identification
23 cards.--Any person who Whoever has control, custody, or
24 possession of any plate, block, press, stone, or other tool,
25 instrument, or implement, or any part thereof;, or whoever
26 engraves, makes, or amends, or begins to engrave, make, or
27 amend, any plate, block, press, stone, or other tool,
28 instrument, or implement;, or whoever brings into the state
29 any such plate, block, press, stone, or other tool,
30 instrument, or implement, or any part thereof, in the
31 similitude of the driver's drivers' licenses or identification
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1 cards issued by the Department of Highway Safety and Motor
2 Vehicles or its duly authorized agents or those of any state
3 or jurisdiction that which issues licenses recognized in this
4 state for the operation of a motor vehicle or that issues
5 identification cards recognized in this state for the purpose
6 of indicating a person's true name and age;, or whoever has
7 control, custody, or possession of or makes or provides any
8 paper or other material adapted and designed for the making of
9 a false and counterfeit driver's license or identification
10 card purporting to be issued by the Department of Highway
11 Safety and Motor Vehicles or its duly authorized agents, or
12 those of any state or jurisdiction that which issues licenses
13 recognized in this state for the operation of a motor vehicle
14 or that issues identification cards recognized in this state
15 for the purpose of indicating a person's true name and age; or
16 whoever has in his possession, control, or custody any such
17 plate or block engraved in any part, or any press or other
18 tool or, instrument or any paper or other material adapted and
19 designed as aforesaid, with intent to sell, issue, publish,
20 pass, or utter the same or to cause or permit the same to be
21 used in forging or making any such false or counterfeit
22 driver's license or identification card; or whoever prints,
23 photographs, or in any manner makes or executes any engraved
24 photograph, print, or impression by any process whatsoever in
25 the similitude of any such licenses or identification cards
26 with the intent to sell, issue, publish, or utter the same or
27 to cause or permit the same to be used in forging or making
28 any such false and counterfeit driver's license or
29 identification card of this state or any state or jurisdiction
30 that which issues licenses recognized in this state for the
31 operation of a motor vehicle or that issues identification
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1 cards recognized in this state for the purpose of indicating a
2 person's true name and age is shall be guilty of a felony of
3 the second degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 Section 6. Paragraphs (a) and (c) of subsection (3) of
6 section 921.0012, Florida Statutes, 1996 Supplement, are
7 amended to read:
8 921.0012 Sentencing guidelines offense levels; offense
9 severity ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11 Florida Felony
12 Statute Degree Description
13
14 (a) LEVEL 1
15 24.118(3)(a) 3rd Counterfeit or altered state
16 lottery ticket.
17 212.054(2)(b) 3rd Discretionary sales surtax;
18 limitations, administration, and
19 collection.
20 212.15(2)(b) 3rd Failure to remit sales taxes,
21 amount greater than $300 but less
22 than $20,000.
23 319.30(5) 3rd Sell, exchange, give away
24 certificate of title or
25 identification number plate.
26 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
27 odometer.
28 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
29 registration license plates or
30 validation stickers.
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1 322.212(1) 3rd Possession of forged, stolen,
2 counterfeit, or unlawfully issued
3 driver's license; possession of
4 simulated identification.
5 322.212(4) 3rd Supply or aid in supplying
6 unauthorized driver's license or
7 identification card.
8 322.212(5)(a) 3rd False application for driver's
9 license or identification card.
10 370.13(4)(a) 3rd Molest any stone crab trap, line,
11 or buoy which is property of
12 licenseholder.
13 370.135(1) 3rd Molest any blue crab trap, line,
14 or buoy which is property of
15 licenseholder.
16 372.663(1) 3rd Poach any alligator or
17 crocodilia.
18 414.39(2) 3rd Unauthorized use, possession,
19 forgery, or alteration of food
20 stamps, Medicaid ID, value
21 greater than $200.
22 414.39(3)(a) 3rd Fraudulent misappropriation of
23 public assistance funds by
24 employee/official, value more
25 than $200.
26 443.071(1) 3rd False statement or representation
27 to obtain or increase
28 unemployment compensation
29 benefits.
30 458.327(1)(a) 3rd Unlicensed practice of medicine.
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1 466.026(1)(a) 3rd Unlicensed practice of dentistry
2 or dental hygiene.
3 509.151(1) 3rd Defraud an innkeeper, food or
4 lodging value greater than $300.
5 517.302(1) 3rd Violation of the Florida
6 Securities and Investor
7 Protection Act.
8 562.27(1) 3rd Possess still or still apparatus.
9 713.69 3rd Tenant removes property upon
10 which lien has accrued, value
11 more than $50.
12 812.014(3)(c) 3rd Petit theft (3rd conviction);
13 theft of any property not
14 specified in subsection (2).
15 812.081(2) 3rd Unlawfully makes or causes to be
16 made a reproduction of a trade
17 secret.
18 815.04(4)(a) 3rd Offense against intellectual
19 property (i.e., computer
20 programs, data).
21 817.52(2) 3rd Hiring with intent to defraud,
22 motor vehicle services.
23 826.01 3rd Bigamy.
24 828.122(3) 3rd Fighting or baiting animals.
25 831.04(1) 3rd Any erasure, alteration, etc., of
26 any replacement deed, map, plat,
27 or other document listed in s.
28 92.28.
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1 831.31(1)(a) 3rd Sell, deliver, or possess
2 counterfeit controlled
3 substances, all but s. 893.03(5)
4 drugs.
5 832.041(1) 3rd Stopping payment with intent to
6 defraud $150 or more.
7 832.05
8 (2)(b) & (4)(c) 3rd Knowing, making, issuing
9 worthless checks $150 or more or
10 obtaining property in return for
11 worthless check $150 or more.
12 838.015(3) 3rd Bribery.
13 838.016(1) 3rd Public servant receiving unlawful
14 compensation.
15 838.15(2) 3rd Commercial bribe receiving.
16 838.16 3rd Commercial bribery.
17 843.18 3rd Fleeing by boat to elude a law
18 enforcement officer.
19 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
20 lewd, etc., material (2nd
21 conviction).
22 849.01 3rd Keeping gambling house.
23 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
24 or assist therein, conduct or
25 advertise drawing for prizes, or
26 dispose of property or money by
27 means of lottery.
28 849.23 3rd Gambling-related machines;
29 "common offender" as to property
30 rights.
31 849.25(2) 3rd Engaging in bookmaking.
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1 860.08 3rd Interfere with a railroad signal.
2 860.13(1)(a) 3rd Operate aircraft while under the
3 influence.
4 893.13(2)(a)2. 3rd Purchase of cannabis.
5 893.13(6)(a) 3rd Possession of cannabis (more than
6 20 grams).
7 893.13(7)(a)10. 3rd Affix false or forged label to
8 package of controlled substance.
9 934.03(1)(a) 3rd Intercepts, or procures any other
10 person to intercept, any wire or
11 oral communication.
12
13 (c) LEVEL 3
14 39.061 3rd Escapes from juvenile facility
15 (secure detention or residential
16 commitment facility).
17 319.30(4) 3rd Possession by junkyard of motor
18 vehicle with identification
19 number plate removed.
20 319.33(1)(a) 3rd Alter or forge any certificate of
21 title to a motor vehicle or
22 mobile home.
23 319.33(1)(c) 3rd Procure or pass title on stolen
24 vehicle.
25 319.33(4) 3rd With intent to defraud, possess,
26 sell, etc., a blank, forged, or
27 unlawfully obtained title or
28 registration.
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1 328.05(2) 3rd Possess, sell, or counterfeit
2 fictitious, stolen, or fraudulent
3 titles or bills of sale of
4 vessels.
5 328.07(4) 3rd Manufacture, exchange, or possess
6 vessel with counterfeit or wrong
7 ID number.
8 376.302(5) 3rd Fraud related to reimbursement
9 for cleanup expenses under the
10 Inland Protection Trust Fund.
11 501.001(2)(b) 2nd Tampers with a consumer product
12 or the container using materially
13 false/misleading information.
14 697.08 3rd Equity skimming.
15 790.15(3) 3rd Person directs another to
16 discharge firearm from a vehicle.
17 796.05(1) 3rd Live on earnings of a prostitute.
18 806.10(1) 3rd Maliciously injure, destroy, or
19 interfere with vehicles or
20 equipment used in firefighting.
21 806.10(2) 3rd Interferes with or assaults
22 firefighter in performance of
23 duty.
24 810.09(2)(c) 3rd Trespass on property other than
25 structure or conveyance armed
26 with firearm or dangerous weapon.
27 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
28 less than $10,000.
29 815.04(4)(b) 2nd Computer offense devised to
30 defraud or obtain property.
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1 817.034(4)(a)3. 3rd Engages in scheme to defraud
2 (Florida Communications Fraud
3 Act), property valued at less
4 than $20,000.
5 817.233 3rd Burning to defraud insurer.
6 828.12(2) 3rd Tortures any animal with intent
7 to inflict intense pain, serious
8 physical injury, or death.
9 831.29 2nd Possession of instruments for
10 counterfeiting driver's drivers'
11 licenses or identification cards.
12 838.021(3)(b) 3rd Threatens unlawful harm to public
13 servant.
14 843.19 3rd Injure, disable, or kill police
15 dog or horse.
16 870.01(2) 3rd Riot; inciting or encouraging.
17 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
18 cannabis (or other s.
19 893.03(1)(c), (2)(c), (3), or (4)
20 drugs).
21 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
22 893.03(1)(c), (2)(c), (3), or (4)
23 drugs within 200 feet of
24 university, public housing
25 facility, or public park.
26 893.13(6)(a) 3rd Possession of any controlled
27 substance other than felony
28 possession of cannabis.
29 893.13(7)(a)9. 3rd Obtain or attempt to obtain
30 controlled substance by fraud,
31 forgery, misrepresentation, etc.
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1 893.13(7)(a)11. 3rd Furnish false or fraudulent
2 material information on any
3 document or record required by
4 chapter 893.
5 918.13(1)(a) 3rd Alter, destroy, or conceal
6 investigation evidence.
7 944.47
8 (1)(a)1.-2. 3rd Introduce contraband to
9 correctional facility.
10 944.47(1)(c) 2nd Possess contraband while upon the
11 grounds of a correctional
12 institution.
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14 Section 7. This act shall take effect October 1, 1997.
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