1

The Conference Committee on CS for SB 1988 recommended the

2

following amendment:

3

4

     Conference Committee Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Subsection (10) is added to section 322.34,

8

Florida Statutes, to read:

9

     322.34  Driving while license suspended, revoked, canceled,

10

or disqualified.--

11

     (10)(a) Notwithstanding any other provision of this

12

section, if a person does not have a prior forcible felony

13

conviction as defined in s. 776.08, the penalties provided in

14

paragraph (b) apply if a person's driver's license or driving

15

privilege is canceled, suspended, or revoked for:

16

     1. Failing to pay child support as provided in s. 322.245

17

or s. 61.13016;

18

     2. Failing to pay any other financial obligation as

19

provided in s. 322.245 other than those specified in s.

20

322.245(1);

21

     3. Failing to comply with a civil penalty required in s.

22

318.15;

23

     4. Failing to maintain vehicular financial responsibility

24

as required by chapter 324;

25

     5. Failing to comply with attendance or other requirements

26

for minors as set forth in s. 322.091; or

27

     6. Having been designated a habitual traffic offender under

28

s. 322.264(1)(d) as a result of suspensions of his or her

29

driver's license or driver privilege for any underlying violation

30

listed in subparagraphs 1.-5.

31

     (b)1. Upon a first conviction for knowingly driving while

32

his or her license is suspended, revoked, or canceled for any of

33

the underlying violations listed in subparagraphs (a)1.-6., a

34

person commits a misdemeanor of the second degree, punishable as

35

provided in s. 775.082 or s. 775.083.

36

     2. Upon a second or subsequent conviction for the same

37

offense of knowingly driving while his or her license is

38

suspended, revoked, or canceled for any of the underlying

39

violations listed in subparagraphs (a)1.-6., a person commits a

40

misdemeanor of the first degree, punishable as provided in s.

41

775.082 or s. 775.083.

42

     Section 2. The Department of Highway Safety and Motor

43

Vehicles shall conduct a study of the effectiveness of suspending

44

a person's driver's license for any of the underlying violations

45

as provided in section 1 of this act. The department, in

46

consultation with the Office of Program Policy Analysis and

47

Government Accountability and other affected entities, shall

48

prepare a report that includes recommendations and describes the

49

success of using alternative methods that are designed to

50

increase compliance with these types of underlying violations.

51

The department shall submit its findings and recommendations to

52

the Governor and the Legislature by January 2, 2009.

53

     Section 3.  This act shall take effect July 1, 2008.

54

55

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

56

And the title is amended as follows:

57

     Delete everything before the enacting clause

58

and insert:

59

A bill to be entitled

60

An act relating to driving with a license that is

61

suspended, revoked, or canceled; amending s. 322.34, F.S.;

62

providing that a person commits a second-degree

63

misdemeanor upon a first conviction and a first-degree

64

misdemeanor upon a second or subsequent conviction of the

65

same offense if the person commits certain specified

66

violations of law; requiring the Department of Highway

67

Safety and Motor Vehicles to study the effectiveness of

68

suspending a person's driver's license for certain

69

specified violations of law; requiring that the

70

department, in consultation with the Office of Program

71

Policy Analysis and Government Accountability and other

72

affected entities, prepare a report and submit its

73

findings and recommendations to the Governor and the

74

Legislature by a specified date; providing an effective

75

date.

4/27/2008  2:42:00 PM     622-08728-08