1 | A bill to be entitled |
2 | An act relating to penalties for violations of traffic |
3 | laws; amending s. 318.14, F.S.; providing for a person |
4 | charged with a noncriminal traffic infraction to make |
5 | periodic payments to pay civil penalties and fees; |
6 | providing for certain persons cited for specified offenses |
7 | to provide proof of compliance to a designated official; |
8 | providing alternative citation disposition procedures for |
9 | the offense of operating a motor vehicle with a license |
10 | that has been suspended for failure to pay certain |
11 | financial obligations or to comply with specified |
12 | education requirements; amending s. 318.15, F.S.; |
13 | providing for suspension of a driver's license for failure |
14 | to enter into or comply with the terms of a penalty |
15 | payment plan; providing for reinstatement of the suspended |
16 | license; amending s. 322.331, F.S.; providing for the |
17 | removal of a habitual traffic offender designation upon |
18 | proof of compliance with statutory provisions by certain |
19 | offenders; amending s. 322.34, F.S.; providing alternative |
20 | citation disposition procedures for the offense of |
21 | knowingly operating a motor vehicle with a license that |
22 | has been suspended for failure to pay certain financial |
23 | obligations or failure to comply with specified education |
24 | requirements; providing that adjudication shall be |
25 | withheld under the alternative disposition and that such |
26 | withholding of adjudication is not a conviction; providing |
27 | an effective date. |
28 |
|
29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
|
31 | Section 1. Subsection (4) and paragraph (a) of subsection |
32 | (10) of section 318.14, Florida Statutes, are amended to read: |
33 | 318.14 Noncriminal traffic infractions; exception; |
34 | procedures.- |
35 | (4)(a) Except as provided in subsection (12), any person |
36 | charged with a noncriminal infraction under this section who |
37 | does not elect to appear shall, within 30 days after the date of |
38 | issuance of the citation: |
39 | 1. Pay the civil penalty and delinquent fee, if |
40 | applicable, either by mail or in person; or |
41 | 2. Enter into a payment plan in accordance with s. 28.246 |
42 | with the clerk of the court to pay the civil penalty and |
43 | delinquent fee, if applicable, within 30 days after the date of |
44 | issuance of the citation. |
45 | (b) If the person cited follows the procedures in |
46 | paragraph (a) above procedure, he or she shall be deemed to have |
47 | admitted the infraction and to have waived his or her right to a |
48 | hearing on the issue of commission of the infraction. Such |
49 | admission shall not be used as evidence in any other |
50 | proceedings. Any person who is cited for a violation of s. |
51 | 320.0605 or s. 322.15(1), or subject to a penalty under s. |
52 | 320.07(3)(a) or (b) or s. 322.065, and who makes an election |
53 | under this subsection shall submit proof of compliance with the |
54 | applicable section to the clerk of the court. For the purposes |
55 | of this subsection, proof of compliance consists of a valid |
56 | driver's license or a valid registration certificate. |
57 | (10)(a) Any person who does not hold a commercial driver's |
58 | license and who is cited for an offense listed under this |
59 | subsection may, in lieu of payment of fine or court appearance, |
60 | elect to enter a plea of nolo contendere and provide proof of |
61 | compliance to the clerk of the court, designated official, or |
62 | authorized operator of a traffic violations bureau. In such |
63 | case, adjudication shall be withheld; however, no election shall |
64 | be made under this subsection if such person has made an |
65 | election under this subsection in the 12 months preceding |
66 | election hereunder. No person may make more than three elections |
67 | under this subsection. This subsection applies to the following |
68 | offenses: |
69 | 1. Operating a motor vehicle without a valid driver's |
70 | license in violation of the provisions of s. 322.03, s. 322.065, |
71 | or s. 322.15(1), or operating a motor vehicle with a license |
72 | that which has been suspended for failure to appear, failure to |
73 | pay civil penalty, or failure to attend a driver improvement |
74 | course pursuant to s. 322.291. |
75 | 2. Operating a motor vehicle without a valid registration |
76 | in violation of s. 320.0605, s. 320.07, or s. 320.131. |
77 | 3. Operating a motor vehicle in violation of s. 316.646. |
78 | 4. Operating a motor vehicle with a license that has been |
79 | suspended under s. 61.13016 or s. 322.245 for failure to pay |
80 | child support or for failure to pay any other financial |
81 | obligation as provided in s. 322.245; however, this subsection |
82 | does not apply if the license has been suspended pursuant to s. |
83 | 322.245(1). |
84 | 5. Operating a motor vehicle with a license that has been |
85 | suspended under s. 322.091 for failure to meet school attendance |
86 | requirements. |
87 | Section 2. Section 318.15, Florida Statutes, is amended to |
88 | read: |
89 | 318.15 Failure to comply with civil penalty or to appear; |
90 | penalty.- |
91 | (1)(a) If a person fails to comply with the civil |
92 | penalties provided in s. 318.18 within the time period specified |
93 | in s. 318.14(4), fails to enter into or comply with the terms of |
94 | a penalty payment plan with the clerk of the court in accordance |
95 | with ss. 318.14 and 28.246, fails to attend driver improvement |
96 | school, or fails to appear at a scheduled hearing, the clerk of |
97 | the court shall notify the Division of Driver Licenses of the |
98 | Department of Highway Safety and Motor Vehicles of such failure |
99 | within 10 days after such failure. Upon receipt of such notice, |
100 | the department shall immediately issue an order suspending the |
101 | driver's license and privilege to drive of such person effective |
102 | 20 days after the date the order of suspension is mailed in |
103 | accordance with s. 322.251(1), (2), and (6). Any such suspension |
104 | of the driving privilege which has not been reinstated, |
105 | including a similar suspension imposed outside Florida, shall |
106 | remain on the records of the department for a period of 7 years |
107 | from the date imposed and shall be removed from the records |
108 | after the expiration of 7 years from the date it is imposed. |
109 | (b) However, a person who elects to attend driver |
110 | improvement school and has paid the civil penalty as provided in |
111 | s. 318.14(9), but who subsequently fails to attend the driver |
112 | improvement school within the time specified by the court shall |
113 | be deemed to have admitted the infraction and shall be |
114 | adjudicated guilty. In such a case in which there was an 18- |
115 | percent reduction pursuant to s. 318.14(9) as it existed before |
116 | February 1, 2009, the person must pay the clerk of the court |
117 | that amount and a processing fee of up to $18, after which no |
118 | additional penalties, court costs, or surcharges shall be |
119 | imposed for the violation. In all other such cases, the person |
120 | must pay the clerk a processing fee of up to $18, after which no |
121 | additional penalties, court costs, or surcharges shall be |
122 | imposed for the violation. The clerk of the court shall notify |
123 | the department of the person's failure to attend driver |
124 | improvement school and points shall be assessed pursuant to s. |
125 | 322.27. |
126 | (2) After the suspension of a person's driver's license |
127 | and privilege to drive under subsection (1), the license and |
128 | privilege may not be reinstated until the person complies with |
129 | the terms of a periodic payment plan or a revised payment plan |
130 | with the clerk of the court pursuant to ss. 318.14 and 28.246 or |
131 | with all obligations and penalties imposed under s. 318.18 and |
132 | presents to a driver license office a certificate of compliance |
133 | issued by the court, together with a nonrefundable service |
134 | charge of $60 imposed under s. 322.29, or presents a certificate |
135 | of compliance and pays the service charge to the clerk of the |
136 | court or a driver licensing agent authorized under s. 322.135 |
137 | clearing such suspension. Of the charge collected, $22.50 shall |
138 | be remitted to the Department of Revenue to be deposited into |
139 | the Highway Safety Operating Trust Fund. Such person must also |
140 | be in compliance with requirements of chapter 322 before |
141 | reinstatement. |
142 | Section 3. Section 322.331, Florida Statutes, is amended |
143 | to read: |
144 | 322.331 Habitual traffic offenders; restoration of |
145 | license.- |
146 | (1) At the expiration of 5 years from the date of license |
147 | revocation, a person whose license has been revoked under s. |
148 | 322.27(5) may petition the department for restoration of driving |
149 | privileges. Upon such petition and after investigation of the |
150 | person's qualification and fitness to drive, the department |
151 | shall hold an administrative hearing to determine whether |
152 | driving privileges shall be restored either on an unrestricted |
153 | basis or on a restricted basis solely for business or employment |
154 | purposes. |
155 | (2) If a person whose license has been revoked under s. |
156 | 322.27(5) as a result of a third violation of driving a motor |
157 | vehicle while his or her license is suspended or revoked which |
158 | occurred prior to July 1, 2010, provides proof of compliance as |
159 | allowed by s. 318.14(10)(a) prior to July 1, 2011, the clerk of |
160 | court shall submit an amended disposition to remove the habitual |
161 | traffic offender designation. |
162 | Section 4. Subsection (11) is added to section 322.34, |
163 | Florida Statutes, to read: |
164 | 322.34 Driving while license suspended, revoked, canceled, |
165 | or disqualified.- |
166 | (10)(a) Notwithstanding any other provision of this |
167 | section, if a person does not have a prior forcible felony |
168 | conviction as defined in s. 776.08, the penalties provided in |
169 | paragraph (b) apply if a person's driver's license or driving |
170 | privilege is canceled, suspended, or revoked for: |
171 | 1. Failing to pay child support as provided in s. 322.245 |
172 | or s. 61.13016; |
173 | 2. Failing to pay any other financial obligation as |
174 | provided in s. 322.245 other than those specified in s. |
175 | 322.245(1); |
176 | 3. Failing to comply with a civil penalty required in s. |
177 | 318.15; |
178 | 4. Failing to maintain vehicular financial responsibility |
179 | as required by chapter 324; |
180 | 5. Failing to comply with attendance or other requirements |
181 | for minors as set forth in s. 322.091; or |
182 | 6. Having been designated a habitual traffic offender |
183 | under s. 322.264(1)(d) as a result of suspensions of his or her |
184 | driver's license or driver privilege for any underlying |
185 | violation listed in subparagraphs 1.-5. |
186 | (b)1. Upon a first conviction for knowingly driving while |
187 | his or her license is suspended, revoked, or canceled for any of |
188 | the underlying violations listed in subparagraphs (a)1.-6., a |
189 | person commits a misdemeanor of the second degree, punishable as |
190 | provided in s. 775.082 or s. 775.083. |
191 | 2. Upon a second or subsequent conviction for the same |
192 | offense of knowingly driving while his or her license is |
193 | suspended, revoked, or canceled for any of the underlying |
194 | violations listed in subparagraphs (a)1.-6., a person commits a |
195 | misdemeanor of the first degree, punishable as provided in s. |
196 | 775.082 or s. 775.083. |
197 | (11)(a) Any person who does not hold a commercial driver's |
198 | license and who is cited for an offense of knowingly driving |
199 | while his or her license is suspended, revoked, or canceled for |
200 | any of the underlying violations listed in paragraph (10)(a) |
201 | may, in lieu of payment of fine or court appearance, elect to |
202 | enter a plea of nolo contendere and provide proof of compliance |
203 | to the clerk of the court, designated official, or authorized |
204 | operator of a traffic violations bureau. In such case, |
205 | adjudication shall be withheld; however, no election shall be |
206 | made under this subsection if such person has made an election |
207 | under this subsection in the preceding 12 months. No person may |
208 | make more than three elections under this subsection. |
209 | (b) If adjudication is withheld under paragraph (a), such |
210 | action is not a conviction. |
211 | Section 5. This act shall take effect October 1, 2010. |