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A bill to be entitled

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An act relating to driving with a license that is

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

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providing that a person commits a second-degree

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misdemeanor upon a first conviction and a first-degree

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misdemeanor upon a second or subsequent conviction of the

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same offense if the person commits certain specified

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violations of law; requiring the Department of Highway

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Safety and Motor Vehicles to study the effectiveness of

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suspending a person's driver's license for certain

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specified violations of law; requiring that the

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department, in consultation with the Office of Program

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Policy Analysis and Government Accountability and other

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affected entities, prepare a report and submit its

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findings and recommendations to the Governor and the

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Legislature by a specified date; providing an effective

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date.

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

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

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Florida Statutes, to read:

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     322.34  Driving while license suspended, revoked, canceled,

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or disqualified.--

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

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

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

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

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privilege is canceled, suspended, or revoked for:

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

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or s. 61.13016;

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     2. Failing to pay any other financial obligation as

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

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322.245(1);

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

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318.15;

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     4. Failing to maintain vehicular financial responsibility

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as required by chapter 324;

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     5. Failing to comply with attendance or other requirements

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for minors as set forth in s. 322.091; or

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     6. Having been designated a habitual traffic offender under

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

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driver's license or driver privilege for any underlying violation

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listed in 1.-5.

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     (b)1. Upon a first conviction for driving while his or her

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license is suspended, revoked, or canceled for any of the

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underlying violations listed in paragraph (a)1.-6., a person

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commits a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     2. Upon a second or subsequent conviction for the same

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offense of driving while his or her license is suspended,

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revoked, or canceled for any of the underlying violations listed

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in paragraph (a)1.-6., a person commits a misdemeanor of the

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first degree, punishable as provided in s. 775.082 or s. 775.083.

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     Section 2. The Department of Highway Safety and Motor

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Vehicles shall conduct a study of the effectiveness of suspending

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

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

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consultation with the Office of Program Policy Analysis and

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Government Accountability and other affected entities, shall

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prepare a report that includes recommendations and describes the

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success of using alternative methods that are designed to

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increase compliance with these types of underlying violations.

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The department shall submit its findings and recommendations to

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the Governor and the Legislature by January 2, 2009.

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