Senate Bill sb0210

    Florida Senate - 2007                                   SB 210

    By Senator Lynn





    7-245-07

  1                      A bill to be entitled

  2         An act relating to habitual traffic offenders;

  3         amending s. 322.264, F.S.; exempting persons

  4         convicted under specified provisions of driving

  5         with a canceled, suspended, or revoked driver's

  6         license from being designated as a habitual

  7         traffic offender after three convictions;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Section 322.264, Florida Statutes, is

13  amended to read:

14         322.264  "Habitual traffic offender" defined.--A

15  "habitual traffic offender" is any person whose record, as

16  maintained by the Department of Highway Safety and Motor

17  Vehicles, shows that such person has accumulated the specified

18  number of convictions for offenses described in subsection (1)

19  or subsection (2) within a 5-year period:

20         (1)  Three or more convictions of any one or more of

21  the following offenses arising out of separate acts:

22         (a)  Voluntary or involuntary manslaughter resulting

23  from the operation of a motor vehicle;

24         (b)  Any violation of s. 316.193, former s. 316.1931,

25  or former s. 860.01;

26         (c)  Any felony in the commission of which a motor

27  vehicle is used;

28         (d)  Any conviction, except a conviction under s.

29  322.34(1), for driving a motor vehicle while his or her

30  license is suspended or revoked;

31  

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






    Florida Senate - 2007                                   SB 210
    7-245-07




 1         (e)  Failing to stop and render aid as required under

 2  the laws of this state in the event of a motor vehicle crash

 3  resulting in the death or personal injury of another; or

 4         (f)  Driving a commercial motor vehicle while his or

 5  her privilege is disqualified.

 6         (2)  Fifteen convictions for moving traffic offenses

 7  for which points may be assessed as set forth in s. 322.27,

 8  including those offenses in subsection (1).

 9  

10  Any violation of any federal law, any law of another state or

11  country, or any valid ordinance of a municipality or county of

12  another state similar to a statutory prohibition specified in

13  subsection (1) or subsection (2) shall be counted as a

14  violation of such prohibition.  In computing the number of

15  convictions, all convictions during the 5 years previous to

16  July 1, 1972, will be used, provided at least one conviction

17  occurs after that date.  The fact that previous convictions

18  may have resulted in suspension, revocation, or

19  disqualification under another section does not exempt them

20  from being used for suspension or revocation under this

21  section as a habitual offender.

22         Section 2.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Exempts person under certain circumstances persons
      convicted of driving with a suspended license from
27    provisions that designate as a habitual traffic offender
      a person having three or more convictions for driving
28    with a suspended or revoked license.

29  

30  

31  

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