CS/HB 795

1
A bill to be entitled
2An act relating to penalties for violations of traffic
3laws; amending s. 318.14, F.S.; providing for a person
4charged with a noncriminal traffic infraction to make
5periodic payments to pay civil penalties and fees;
6providing for certain persons cited for specified offenses
7to provide proof of compliance to a designated official;
8providing alternative citation disposition procedures for
9the offense of operating a motor vehicle with a license
10that has been suspended for failure to pay certain
11financial obligations or to comply with specified
12education requirements; amending s. 318.15, F.S.;
13providing for suspension of a driver's license for failure
14to enter into or comply with the terms of a penalty
15payment plan; providing for reinstatement of the suspended
16license; amending s. 322.331, F.S.; providing for the
17removal of a habitual traffic offender designation upon
18proof of compliance with statutory provisions by certain
19offenders; amending s. 322.34, F.S.; providing alternative
20citation disposition procedures for the offense of
21knowingly operating a motor vehicle with a license that
22has been suspended for failure to pay certain financial
23obligations or failure to comply with specified education
24requirements; providing that adjudication shall be
25withheld under the alternative disposition and that such
26withholding of adjudication is not a conviction; providing
27an effective date.
28
29Be 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;
34procedures.-
35     (4)(a)  Except as provided in subsection (12), any person
36charged with a noncriminal infraction under this section who
37does not elect to appear shall, within 30 days after the date of
38issuance of the citation:
39     1.  Pay the civil penalty and delinquent fee, if
40applicable, either by mail or in person; or
41     2.  Enter into a payment plan in accordance with s. 28.246
42with the clerk of the court to pay the civil penalty and
43delinquent fee, if applicable, within 30 days after the date of
44issuance of the citation.
45     (b)  If the person cited follows the procedures in
46paragraph (a) above procedure, he or she shall be deemed to have
47admitted the infraction and to have waived his or her right to a
48hearing on the issue of commission of the infraction. Such
49admission shall not be used as evidence in any other
50proceedings. Any person who is cited for a violation of s.
51320.0605 or s. 322.15(1), or subject to a penalty under s.
52320.07(3)(a) or (b) or s. 322.065, and who makes an election
53under this subsection shall submit proof of compliance with the
54applicable section to the clerk of the court. For the purposes
55of this subsection, proof of compliance consists of a valid
56driver's license or a valid registration certificate.
57     (10)(a)  Any person who does not hold a commercial driver's
58license and who is cited for an offense listed under this
59subsection may, in lieu of payment of fine or court appearance,
60elect to enter a plea of nolo contendere and provide proof of
61compliance to the clerk of the court, designated official, or
62authorized operator of a traffic violations bureau. In such
63case, adjudication shall be withheld; however, no election shall
64be made under this subsection if such person has made an
65election under this subsection in the 12 months preceding
66election hereunder. No person may make more than three elections
67under this subsection. This subsection applies to the following
68offenses:
69     1.  Operating a motor vehicle without a valid driver's
70license in violation of the provisions of s. 322.03, s. 322.065,
71or s. 322.15(1), or operating a motor vehicle with a license
72that which has been suspended for failure to appear, failure to
73pay civil penalty, or failure to attend a driver improvement
74course pursuant to s. 322.291.
75     2.  Operating a motor vehicle without a valid registration
76in 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
79suspended under s. 61.13016 or s. 322.245 for failure to pay
80child support or for failure to pay any other financial
81obligation as provided in s. 322.245; however, this subsection
82does not apply if the license has been suspended pursuant to s.
83322.245(1).
84     5.  Operating a motor vehicle with a license that has been
85suspended under s. 322.091 for failure to meet school attendance
86requirements.
87     Section 2.  Section 318.15, Florida Statutes, is amended to
88read:
89     318.15  Failure to comply with civil penalty or to appear;
90penalty.-
91     (1)(a)  If a person fails to comply with the civil
92penalties provided in s. 318.18 within the time period specified
93in s. 318.14(4), fails to enter into or comply with the terms of
94a penalty payment plan with the clerk of the court in accordance
95with ss. 318.14 and 28.246, fails to attend driver improvement
96school, or fails to appear at a scheduled hearing, the clerk of
97the court shall notify the Division of Driver Licenses of the
98Department of Highway Safety and Motor Vehicles of such failure
99within 10 days after such failure. Upon receipt of such notice,
100the department shall immediately issue an order suspending the
101driver's license and privilege to drive of such person effective
10220 days after the date the order of suspension is mailed in
103accordance with s. 322.251(1), (2), and (6). Any such suspension
104of the driving privilege which has not been reinstated,
105including a similar suspension imposed outside Florida, shall
106remain on the records of the department for a period of 7 years
107from the date imposed and shall be removed from the records
108after the expiration of 7 years from the date it is imposed.
109     (b)  However, a person who elects to attend driver
110improvement school and has paid the civil penalty as provided in
111s. 318.14(9), but who subsequently fails to attend the driver
112improvement school within the time specified by the court shall
113be deemed to have admitted the infraction and shall be
114adjudicated guilty. In such a case in which there was an 18-
115percent reduction pursuant to s. 318.14(9) as it existed before
116February 1, 2009, the person must pay the clerk of the court
117that amount and a processing fee of up to $18, after which no
118additional penalties, court costs, or surcharges shall be
119imposed for the violation. In all other such cases, the person
120must pay the clerk a processing fee of up to $18, after which no
121additional penalties, court costs, or surcharges shall be
122imposed for the violation. The clerk of the court shall notify
123the department of the person's failure to attend driver
124improvement school and points shall be assessed pursuant to s.
125322.27.
126     (2)  After the suspension of a person's driver's license
127and privilege to drive under subsection (1), the license and
128privilege may not be reinstated until the person complies with
129the terms of a periodic payment plan or a revised payment plan
130with the clerk of the court pursuant to ss. 318.14 and 28.246 or
131with all obligations and penalties imposed under s. 318.18 and
132presents to a driver license office a certificate of compliance
133issued by the court, together with a nonrefundable service
134charge of $60 imposed under s. 322.29, or presents a certificate
135of compliance and pays the service charge to the clerk of the
136court or a driver licensing agent authorized under s. 322.135
137clearing such suspension. Of the charge collected, $22.50 shall
138be remitted to the Department of Revenue to be deposited into
139the Highway Safety Operating Trust Fund. Such person must also
140be in compliance with requirements of chapter 322 before
141reinstatement.
142     Section 3.  Section 322.331, Florida Statutes, is amended
143to read:
144     322.331  Habitual traffic offenders; restoration of
145license.-
146     (1)  At the expiration of 5 years from the date of license
147revocation, a person whose license has been revoked under s.
148322.27(5) may petition the department for restoration of driving
149privileges. Upon such petition and after investigation of the
150person's qualification and fitness to drive, the department
151shall hold an administrative hearing to determine whether
152driving privileges shall be restored either on an unrestricted
153basis or on a restricted basis solely for business or employment
154purposes.
155     (2)  If a person whose license has been revoked under s.
156322.27(5) as a result of a third violation of driving a motor
157vehicle while his or her license is suspended or revoked which
158occurred prior to July 1, 2010, provides proof of compliance as
159allowed by s. 318.14(10)(a) prior to July 1, 2011, the clerk of
160court shall submit an amended disposition to remove the habitual
161traffic offender designation.
162     Section 4.  Subsection (11) is added to section 322.34,
163Florida Statutes, to read:
164     322.34  Driving while license suspended, revoked, canceled,
165or disqualified.-
166     (10)(a)  Notwithstanding any other provision of this
167section, if a person does not have a prior forcible felony
168conviction as defined in s. 776.08, the penalties provided in
169paragraph (b) apply if a person's driver's license or driving
170privilege is canceled, suspended, or revoked for:
171     1.  Failing to pay child support as provided in s. 322.245
172or s. 61.13016;
173     2.  Failing to pay any other financial obligation as
174provided in s. 322.245 other than those specified in s.
175322.245(1);
176     3.  Failing to comply with a civil penalty required in s.
177318.15;
178     4.  Failing to maintain vehicular financial responsibility
179as required by chapter 324;
180     5.  Failing to comply with attendance or other requirements
181for minors as set forth in s. 322.091; or
182     6.  Having been designated a habitual traffic offender
183under s. 322.264(1)(d) as a result of suspensions of his or her
184driver's license or driver privilege for any underlying
185violation listed in subparagraphs 1.-5.
186     (b)1.  Upon a first conviction for knowingly driving while
187his or her license is suspended, revoked, or canceled for any of
188the underlying violations listed in subparagraphs (a)1.-6., a
189person commits a misdemeanor of the second degree, punishable as
190provided in s. 775.082 or s. 775.083.
191     2.  Upon a second or subsequent conviction for the same
192offense of knowingly driving while his or her license is
193suspended, revoked, or canceled for any of the underlying
194violations listed in subparagraphs (a)1.-6., a person commits a
195misdemeanor of the first degree, punishable as provided in s.
196775.082 or s. 775.083.
197     (11)(a)  Any person who does not hold a commercial driver's
198license and who is cited for an offense of knowingly driving
199while his or her license is suspended, revoked, or canceled for
200any of the underlying violations listed in paragraph (10)(a)
201may, in lieu of payment of fine or court appearance, elect to
202enter a plea of nolo contendere and provide proof of compliance
203to the clerk of the court, designated official, or authorized
204operator of a traffic violations bureau. In such case,
205adjudication shall be withheld; however, no election shall be
206made under this subsection if such person has made an election
207under this subsection in the preceding 12 months. No person may
208make more than three elections under this subsection.
209     (b)  If adjudication is withheld under paragraph (a), such
210action is not a conviction.
211     Section 5.  This act shall take effect October 1, 2010.


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