| 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 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 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. |