Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. PCS (726940) for CS for SB 1394
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/29/2016 .
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The Committee on Fiscal Policy (Bean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 986 and 987
4 insert:
5 Section 19. Subsections (1) through (4) of section 322.055,
6 Florida Statutes, are amended to read:
7 322.055 Revocation or suspension of, or delay of
8 eligibility for, driver license for persons 18 years of age or
9 older convicted of certain drug offenses.—
10 (1) Notwithstanding s. 322.28, upon the conviction of a
11 person 18 years of age or older for possession or sale of,
12 trafficking in, or conspiracy to possess, sell, or traffic in a
13 controlled substance, the court shall direct the department to
14 revoke the driver license or driving privilege of the person.
15 The period of such revocation shall be 6 months 1 year or until
16 the person is evaluated for and, if deemed necessary by the
17 evaluating agency, completes a drug treatment and rehabilitation
18 program approved or regulated by the Department of Children and
19 Families. However, the court may, in its sound discretion,
20 direct the department to issue a license for driving privilege
21 restricted to business or employment purposes only, as defined
22 by s. 322.271, if the person is otherwise qualified for such a
23 license. A driver whose license or driving privilege has been
24 suspended or revoked under this section or s. 322.056 may, upon
25 the expiration of 6 months, petition the department for
26 restoration of the driving privilege on a restricted or
27 unrestricted basis depending on length of suspension or
28 revocation. In no case shall A restricted license may not be
29 available until 6 months of the suspension or revocation period
30 has expired.
31 (2) If a person 18 years of age or older is convicted for
32 the possession or sale of, trafficking in, or conspiracy to
33 possess, sell, or traffic in a controlled substance and such
34 person is eligible by reason of age for a driver license or
35 privilege, the court shall direct the department to withhold
36 issuance of such person’s driver license or driving privilege
37 for a period of 6 months 1 year after the date the person was
38 convicted or until the person is evaluated for and, if deemed
39 necessary by the evaluating agency, completes a drug treatment
40 and rehabilitation program approved or regulated by the
41 Department of Children and Families. However, the court may, in
42 its sound discretion, direct the department to issue a license
43 for driving privilege restricted to business or employment
44 purposes only, as defined by s. 322.271, if the person is
45 otherwise qualified for such a license. A driver whose license
46 or driving privilege has been suspended or revoked under this
47 section or s. 322.056 may, upon the expiration of 6 months,
48 petition the department for restoration of the driving privilege
49 on a restricted or unrestricted basis depending on the length of
50 suspension or revocation. In no case shall A restricted license
51 may not be available until 6 months of the suspension or
52 revocation period has expired.
53 (3) If a person 18 years of age or older is convicted for
54 the possession or sale of, trafficking in, or conspiracy to
55 possess, sell, or traffic in a controlled substance and such
56 person’s driver license or driving privilege is already under
57 suspension or revocation for any reason, the court shall direct
58 the department to extend the period of such suspension or
59 revocation by an additional period of 6 months 1 year or until
60 the person is evaluated for and, if deemed necessary by the
61 evaluating agency, completes a drug treatment and rehabilitation
62 program approved or regulated by the Department of Children and
63 Families. However, the court may, in its sound discretion,
64 direct the department to issue a license for driving privilege
65 restricted to business or employment purposes only, as defined
66 by s. 322.271, if the person is otherwise qualified for such a
67 license. A driver whose license or driving privilege has been
68 suspended or revoked under this section or s. 322.056 may, upon
69 the expiration of 6 months, petition the department for
70 restoration of the driving privilege on a restricted or
71 unrestricted basis depending on the length of suspension or
72 revocation. In no case shall A restricted license may not be
73 available until 6 months of the suspension or revocation period
74 has expired.
75 (4) If a person 18 years of age or older is convicted for
76 the possession or sale of, trafficking in, or conspiracy to
77 possess, sell, or traffic in a controlled substance and such
78 person is ineligible by reason of age for a driver license or
79 driving privilege, the court shall direct the department to
80 withhold issuance of such person’s driver license or driving
81 privilege for a period of 6 months 1 year after the date that he
82 or she would otherwise have become eligible or until he or she
83 becomes eligible by reason of age for a driver license and is
84 evaluated for and, if deemed necessary by the evaluating agency,
85 completes a drug treatment and rehabilitation program approved
86 or regulated by the Department of Children and Families.
87 However, the court may, in its sound discretion, direct the
88 department to issue a license for driving privilege restricted
89 to business or employment purposes only, as defined by s.
90 322.271, if the person is otherwise qualified for such a
91 license. A driver whose license or driving privilege has been
92 suspended or revoked under this section or s. 322.056 may, upon
93 the expiration of 6 months, petition the department for
94 restoration of the driving privilege on a restricted or
95 unrestricted basis depending on the length of suspension or
96 revocation. In no case shall A restricted license may not be
97 available until 6 months of the suspension or revocation period
98 has expired.
99 Section 20. Section 322.056, Florida Statutes, is amended
100 to read:
101 322.056 Mandatory revocation or suspension of, or delay of
102 eligibility for, driver license for persons under age 18 found
103 guilty of certain alcohol, drug, or tobacco offenses;
104 prohibition.—
105 (1) Notwithstanding the provisions of s. 322.055, if a
106 person under 18 years of age is found guilty of or delinquent
107 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
108 and:
109 (a) The person is eligible by reason of age for a driver
110 license or driving privilege, the court shall direct the
111 department to revoke or to withhold issuance of his or her
112 driver license or driving privilege for a period of 6 months.:
113 1. Not less than 6 months and not more than 1 year for the
114 first violation.
115 2. Two years, for a subsequent violation.
116 (b) The person’s driver license or driving privilege is
117 under suspension or revocation for any reason, the court shall
118 direct the department to extend the period of suspension or
119 revocation by an additional period of 6 months.:
120 1. Not less than 6 months and not more than 1 year for the
121 first violation.
122 2. Two years, for a subsequent violation.
123 (c) The person is ineligible by reason of age for a driver
124 license or driving privilege, the court shall direct the
125 department to withhold issuance of his or her driver license or
126 driving privilege for a period of:
127 1. Not less than 6 months and not more than 1 year after
128 the date on which he or she would otherwise have become
129 eligible, for the first violation.
130 2. Two years after the date on which he or she would
131 otherwise have become eligible, for a subsequent violation.
132
133 However, the court may, in its sound discretion, direct the
134 department to issue a license for driving privileges restricted
135 to business or employment purposes only, as defined in s.
136 322.271, if the person is otherwise qualified for such a
137 license.
138 (2) If a person under 18 years of age is found by the court
139 to have committed a noncriminal violation under s. 569.11 or s.
140 877.112(6) or (7) and that person has failed to comply with the
141 procedures established in that section by failing to fulfill
142 community service requirements, failing to pay the applicable
143 fine, or failing to attend a locally available school-approved
144 anti-tobacco program, and:
145 (a) The person is eligible by reason of age for a driver
146 license or driving privilege, the court shall direct the
147 department to revoke or to withhold issuance of his or her
148 driver license or driving privilege as follows:
149 1. For the first violation, for 30 days.
150 2. For the second violation within 12 weeks of the first
151 violation, for 45 days.
152 (b) The person’s driver license or driving privilege is
153 under suspension or revocation for any reason, the court shall
154 direct the department to extend the period of suspension or
155 revocation by an additional period as follows:
156 1. For the first violation, for 30 days.
157 2. For the second violation within 12 weeks of the first
158 violation, for 45 days.
159 (c) The person is ineligible by reason of age for a driver
160 license or driving privilege, the court shall direct the
161 department to withhold issuance of his or her driver license or
162 driving privilege as follows:
163 1. For the first violation, for 30 days.
164 2. For the second violation within 12 weeks of the first
165 violation, for 45 days.
166
167 Any second violation of s. 569.11 or s. 877.112(6) or (7) not
168 within the 12-week period after the first violation will be
169 treated as a first violation and in the same manner as provided
170 in this subsection.
171 (3) If a person under 18 years of age is found by the court
172 to have committed a third violation of s. 569.11 or s.
173 877.112(6) or (7) within 12 weeks of the first violation, the
174 court must direct the Department of Highway Safety and Motor
175 Vehicles to suspend or withhold issuance of his or her driver
176 license or driving privilege for 60 consecutive days. Any third
177 violation of s. 569.11 or s. 877.112(6) or (7) not within the
178 12-week period after the first violation will be treated as a
179 first violation and in the same manner as provided in subsection
180 (2).
181 (2)(4) A penalty imposed under this section shall be in
182 addition to any other penalty imposed by law.
183 (5) The suspension or revocation of a person’s driver
184 license imposed pursuant to subsection (2) or subsection (3),
185 shall not result in or be cause for an increase of the convicted
186 person’s, or his or her parent’s or legal guardian’s, automobile
187 insurance rate or premium or result in points assessed against
188 the person’s driving record.
189 Section 21. Section 322.057, Florida Statutes, is repealed.
190 Section 22. Subsection (3) of section 322.09, Florida
191 Statutes, is amended, and present subsections (4) and (5) of
192 that section are redesignated as subsections (3) and (4),
193 respectively, to read:
194 322.09 Application of minors; responsibility for negligence
195 or misconduct of minor.—
196 (3) The department may not issue a driver license or
197 learner’s driver license to any applicant under the age of 18
198 years who is not in compliance with the requirements of s.
199 322.091.
200 Section 23. Section 322.091, Florida Statutes, is repealed.
201 Section 24. Subsection (7) of section 322.251, Florida
202 Statutes, is repealed.
203 Section 25. Subsection (10) of section 322.34, Florida
204 Statutes, is amended to read:
205 322.34 Driving while license suspended, revoked, canceled,
206 or disqualified.—
207 (10)(a) Notwithstanding any other provision of this
208 section, if a person does not have a prior forcible felony
209 conviction as defined in s. 776.08, the penalties provided in
210 paragraph (b) apply if a person’s driver license or driving
211 privilege is canceled, suspended, or revoked for:
212 1. Failing to pay child support as provided in s. 322.245
213 or s. 61.13016;
214 2. Failing to pay any other financial obligation as
215 provided in s. 322.245 other than those specified in s.
216 322.245(1);
217 3. Failing to comply with a civil penalty required in s.
218 318.15;
219 4. Failing to maintain vehicular financial responsibility
220 as required by chapter 324; or
221 5. Failing to comply with attendance or other requirements
222 for minors as set forth in s. 322.091; or
223 5.6. Having been designated a habitual traffic offender
224 under s. 322.264(1)(d) as a result of suspensions of his or her
225 driver license or driver privilege for any underlying violation
226 listed in subparagraphs 1.-4. 1.-5.
227 (b)1. Upon a first conviction for knowingly driving while
228 his or her license is suspended, revoked, or canceled for any of
229 the underlying violations listed in subparagraphs (a)1.-5.
230 (a)1.-6., a person commits a misdemeanor of the second degree,
231 punishable as provided in s. 775.082 or s. 775.083.
232 2. Upon a second or subsequent conviction for the same
233 offense of knowingly driving while his or her license is
234 suspended, revoked, or canceled for any of the underlying
235 violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
236 commits a misdemeanor of the first degree, punishable as
237 provided in s. 775.082 or s. 775.083.
238 Section 26. Paragraph (a) of subsection (1) of section
239 562.11, Florida Statutes, is amended to read:
240 562.11 Selling, giving, or serving alcoholic beverages to
241 person under age 21; providing a proper name; misrepresenting or
242 misstating age or age of another to induce licensee to serve
243 alcoholic beverages to person under 21; penalties.—
244 (1)(a)1. A person may not sell, give, serve, or permit to
245 be served alcoholic beverages to a person under 21 years of age
246 or permit a person under 21 years of age to consume such
247 beverages on the licensed premises. A person who violates this
248 subparagraph commits a misdemeanor of the second degree,
249 punishable as provided in s. 775.082 or s. 775.083. A person who
250 violates this subparagraph a second or subsequent time within 1
251 year after a prior conviction commits a misdemeanor of the first
252 degree, punishable as provided in s. 775.082 or s. 775.083.
253 2. In addition to any other penalty imposed for a violation
254 of subparagraph 1., the court may order the Department of
255 Highway Safety and Motor Vehicles to withhold the issuance of,
256 or suspend or revoke, the driver license or driving privilege,
257 as provided in s. 322.057, of any person who violates
258 subparagraph 1. This subparagraph does not apply to a licensee,
259 as defined in s. 561.01, who violates subparagraph 1. while
260 acting within the scope of his or her license or an employee or
261 agent of a licensee, as defined in s. 561.01, who violates
262 subparagraph 1. while engaged within the scope of his or her
263 employment or agency.
264 3. A court that withholds the issuance of, or suspends or
265 revokes, the driver license or driving privilege of a person
266 pursuant to subparagraph 2. may direct the Department of Highway
267 Safety and Motor Vehicles to issue the person a license for
268 driving privilege restricted to business purposes only, as
269 defined in s. 322.271, if he or she is otherwise qualified.
270 Section 27. Subsection (3) of section 562.111, Florida
271 Statutes, is repealed.
272 Section 28. Subsections (1), (2), and (5) of section
273 569.11, Florida Statutes, are amended to read:
274 569.11 Possession, misrepresenting age or military service
275 to purchase, and purchase of tobacco products by persons under
276 18 years of age prohibited; penalties; jurisdiction; disposition
277 of fines.—
278 (1) It is unlawful for any person under 18 years of age to
279 knowingly possess any tobacco product. Any person under 18 years
280 of age who violates the provisions of this subsection commits a
281 noncriminal violation as provided in s. 775.08(3), punishable
282 by:
283 (a) For a first violation, 16 hours of community service
284 or, instead of community service, a $25 fine. In addition, the
285 person must attend a school-approved anti-tobacco program, if
286 locally available; or
287 (b) For a second or subsequent violation within 12 weeks of
288 the first violation, a $25 fine.; or
289 (c) For a third or subsequent violation within 12 weeks of
290 the first violation, the court must direct the Department of
291 Highway Safety and Motor Vehicles to withhold issuance of or
292 suspend or revoke the person’s driver license or driving
293 privilege, as provided in s. 322.056.
294
295 Any second or subsequent violation not within the 12-week time
296 period after the first violation is punishable as provided for a
297 first violation.
298 (2) It is unlawful for any person under 18 years of age to
299 misrepresent his or her age or military service for the purpose
300 of inducing a dealer or an agent or employee of the dealer to
301 sell, give, barter, furnish, or deliver any tobacco product, or
302 to purchase, or attempt to purchase, any tobacco product from a
303 person or a vending machine. Any person under 18 years of age
304 who violates a provision of this subsection commits a
305 noncriminal violation as provided in s. 775.08(3), punishable
306 by:
307 (a) For a first violation, 16 hours of community service
308 or, instead of community service, a $25 fine and, in addition,
309 the person must attend a school-approved anti-tobacco program,
310 if available; or
311 (b) For a second or subsequent violation within 12 weeks of
312 the first violation, a $25 fine.; or
313 (c) For a third or subsequent violation within 12 weeks of
314 the first violation, the court must direct the Department of
315 Highway Safety and Motor Vehicles to withhold issuance of or
316 suspend or revoke the person’s driver license or driving
317 privilege, as provided in s. 322.056.
318
319 Any second or subsequent violation not within the 12-week time
320 period after the first violation is punishable as provided for a
321 first violation.
322 (5)(a) If a person under 18 years of age is found by the
323 court to have committed a noncriminal violation under this
324 section and that person has failed to complete community
325 service, pay the fine as required by paragraph (1)(a) or
326 paragraph (2)(a), or attend a school-approved anti-tobacco
327 program, if locally available, the court may must direct the
328 Department of Highway Safety and Motor Vehicles to withhold
329 issuance of or suspend the driver license or driving privilege
330 of that person for a period of 30 consecutive days.
331 (b) If a person under 18 years of age is found by the court
332 to have committed a noncriminal violation under this section and
333 that person has failed to pay the applicable fine as required by
334 paragraph (1)(b) or paragraph (2)(b), the court may must direct
335 the Department of Highway Safety and Motor Vehicles to withhold
336 issuance of or suspend the driver license or driving privilege
337 of that person for a period of 45 consecutive days.
338 Section 29. Subsections (5) and (10) of section 790.22,
339 Florida Statutes, are amended to read:
340 790.22 Use of BB guns, air or gas-operated guns, or
341 electric weapons or devices by minor under 16; limitation;
342 possession of firearms by minor under 18 prohibited; penalties.—
343 (5)(a) A minor who violates subsection (3) commits a
344 misdemeanor of the first degree; for a first offense, may serve
345 a period of detention of up to 3 days in a secure detention
346 facility; and, in addition to any other penalty provided by law,
347 shall be required to perform 100 hours of community service.;
348 and:
349 1. If the minor is eligible by reason of age for a driver
350 license or driving privilege, the court shall direct the
351 Department of Highway Safety and Motor Vehicles to revoke or to
352 withhold issuance of the minor’s driver license or driving
353 privilege for up to 1 year.
354 2. If the minor’s driver license or driving privilege is
355 under suspension or revocation for any reason, the court shall
356 direct the Department of Highway Safety and Motor Vehicles to
357 extend the period of suspension or revocation by an additional
358 period of up to 1 year.
359 3. If the minor is ineligible by reason of age for a driver
360 license or driving privilege, the court shall direct the
361 Department of Highway Safety and Motor Vehicles to withhold
362 issuance of the minor’s driver license or driving privilege for
363 up to 1 year after the date on which the minor would otherwise
364 have become eligible.
365 (b) For a second or subsequent offense, a minor who
366 violates subsection (3) commits a felony of the third degree and
367 shall serve a period of detention of up to 15 days in a secure
368 detention facility and shall be required to perform not less
369 than 100 or nor more than 250 hours of community service., and:
370 1. If the minor is eligible by reason of age for a driver
371 license or driving privilege, the court shall direct the
372 Department of Highway Safety and Motor Vehicles to revoke or to
373 withhold issuance of the minor’s driver license or driving
374 privilege for up to 2 years.
375 2. If the minor’s driver license or driving privilege is
376 under suspension or revocation for any reason, the court shall
377 direct the Department of Highway Safety and Motor Vehicles to
378 extend the period of suspension or revocation by an additional
379 period of up to 2 years.
380 3. If the minor is ineligible by reason of age for a driver
381 license or driving privilege, the court shall direct the
382 Department of Highway Safety and Motor Vehicles to withhold
383 issuance of the minor’s driver license or driving privilege for
384 up to 2 years after the date on which the minor would otherwise
385 have become eligible.
386
387 For the purposes of this subsection, community service shall be
388 performed, if possible, in a manner involving a hospital
389 emergency room or other medical environment that deals on a
390 regular basis with trauma patients and gunshot wounds.
391 (10) If a minor is found to have committed an offense under
392 subsection (9), the court shall impose the following penalties
393 in addition to any penalty imposed under paragraph (9)(a) or
394 paragraph (9)(b):
395 (a) For a first offense:
396 1. If the minor is eligible by reason of age for a driver
397 license or driving privilege, the court shall direct the
398 Department of Highway Safety and Motor Vehicles to revoke or to
399 withhold issuance of the minor’s driver license or driving
400 privilege for up to 1 year.
401 2. If the minor’s driver license or driving privilege is
402 under suspension or revocation for any reason, the court shall
403 direct the Department of Highway Safety and Motor Vehicles to
404 extend the period of suspension or revocation by an additional
405 period for up to 1 year.
406 3. If the minor is ineligible by reason of age for a driver
407 license or driving privilege, the court shall direct the
408 Department of Highway Safety and Motor Vehicles to withhold
409 issuance of the minor’s driver license or driving privilege for
410 up to 1 year after the date on which the minor would otherwise
411 have become eligible.
412 (b) For a second or subsequent offense:
413 1. If the minor is eligible by reason of age for a driver
414 license or driving privilege, the court shall direct the
415 Department of Highway Safety and Motor Vehicles to revoke or to
416 withhold issuance of the minor’s driver license or driving
417 privilege for up to 2 years.
418 2. If the minor’s driver license or driving privilege is
419 under suspension or revocation for any reason, the court shall
420 direct the Department of Highway Safety and Motor Vehicles to
421 extend the period of suspension or revocation by an additional
422 period for up to 2 years.
423 3. If the minor is ineligible by reason of age for a driver
424 license or driving privilege, the court shall direct the
425 Department of Highway Safety and Motor Vehicles to withhold
426 issuance of the minor’s driver license or driving privilege for
427 up to 2 years after the date on which the minor would otherwise
428 have become eligible.
429 Section 30. Subsections (7) and (8) of section 806.13,
430 Florida Statutes, are amended, and present subsection (9) of
431 that section is redesignated as subsection (7), to read:
432 806.13 Criminal mischief; penalties; penalty for minor.—
433 (7) In addition to any other penalty provided by law, if a
434 minor is found to have committed a delinquent act under this
435 section for placing graffiti on any public property or private
436 property, and:
437 (a) The minor is eligible by reason of age for a driver
438 license or driving privilege, the court shall direct the
439 Department of Highway Safety and Motor Vehicles to revoke or
440 withhold issuance of the minor’s driver license or driving
441 privilege for not more than 1 year.
442 (b) The minor’s driver license or driving privilege is
443 under suspension or revocation for any reason, the court shall
444 direct the Department of Highway Safety and Motor Vehicles to
445 extend the period of suspension or revocation by an additional
446 period of not more than 1 year.
447 (c) The minor is ineligible by reason of age for a driver
448 license or driving privilege, the court shall direct the
449 Department of Highway Safety and Motor Vehicles to withhold
450 issuance of the minor’s driver license or driving privilege for
451 not more than 1 year after the date on which he or she would
452 otherwise have become eligible.
453 (8) A minor whose driver license or driving privilege is
454 revoked, suspended, or withheld under subsection (7) may elect
455 to reduce the period of revocation, suspension, or withholding
456 by performing community service at the rate of 1 day for each
457 hour of community service performed. In addition, if the court
458 determines that due to a family hardship, the minor’s driver
459 license or driving privilege is necessary for employment or
460 medical purposes of the minor or a member of the minor’s family,
461 the court shall order the minor to perform community service and
462 reduce the period of revocation, suspension, or withholding at
463 the rate of 1 day for each hour of community service performed.
464 As used in this subsection, the term “community service” means
465 cleaning graffiti from public property.
466 Section 31. Section 812.0155, Florida Statutes, is
467 repealed.
468 Section 32. Section 832.09, Florida Statutes, is repealed.
469 Section 33. Subsections (6) and (7) and paragraphs (c) and
470 (d) of subsection (8) of section 877.112, Florida Statutes, are
471 amended to read:
472 877.112 Nicotine products and nicotine dispensing devices;
473 prohibitions for minors; penalties; civil fines; signage
474 requirements; preemption.—
475 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
476 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
477 person under 18 years of age to knowingly possess any nicotine
478 product or a nicotine dispensing device. Any person under 18
479 years of age who violates this subsection commits a noncriminal
480 violation as defined in s. 775.08(3), punishable by:
481 (a) For a first violation, 16 hours of community service
482 or, instead of community service, a $25 fine. In addition, the
483 person must attend a school-approved anti-tobacco and nicotine
484 program, if locally available; or
485 (b) For a second or subsequent violation within 12 weeks of
486 the first violation, a $25 fine.; or
487 (c) For a third or subsequent violation within 12 weeks of
488 the first violation, the court must direct the Department of
489 Highway Safety and Motor Vehicles to withhold issuance of or
490 suspend or revoke the person’s driver license or driving
491 privilege, as provided in s. 322.056.
492
493 Any second or subsequent violation not within the 12-week time
494 period after the first violation is punishable as provided for a
495 first violation.
496 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
497 any person under 18 years of age to misrepresent his or her age
498 or military service for the purpose of inducing a retailer of
499 nicotine products or nicotine dispensing devices or an agent or
500 employee of such retailer to sell, give, barter, furnish, or
501 deliver any nicotine product or nicotine dispensing device, or
502 to purchase, or attempt to purchase, any nicotine product or
503 nicotine dispensing device from a person or a vending machine.
504 Any person under 18 years of age who violates this subsection
505 commits a noncriminal violation as defined in s. 775.08(3),
506 punishable by:
507 (a) For a first violation, 16 hours of community service
508 or, instead of community service, a $25 fine and, in addition,
509 the person must attend a school-approved anti-tobacco and
510 nicotine program, if available; or
511 (b) For a second or subsequent violation within 12 weeks of
512 the first violation, a $25 fine.; or
513 (c) For a third or subsequent violation within 12 weeks of
514 the first violation, the court must direct the Department of
515 Highway Safety and Motor Vehicles to withhold issuance of or
516 suspend or revoke the person’s driver license or driving
517 privilege, as provided in s. 322.056.
518
519 Any second or subsequent violation not within the 12-week time
520 period after the first violation is punishable as provided for a
521 first violation.
522 (8) PENALTIES FOR MINORS.—
523 (c) If a person under 18 years of age is found by the court
524 to have committed a noncriminal violation under this section and
525 that person has failed to complete community service, pay the
526 fine as required by paragraph (6)(a) or paragraph (7)(a), or
527 attend a school-approved anti-tobacco and nicotine program, if
528 locally available, the court may must direct the Department of
529 Highway Safety and Motor Vehicles to withhold issuance of or
530 suspend the driver license or driving privilege of that person
531 for 30 consecutive days.
532 (d) If a person under 18 years of age is found by the court
533 to have committed a noncriminal violation under this section and
534 that person has failed to pay the applicable fine as required by
535 paragraph (6)(b) or paragraph (7)(b), the court may must direct
536 the Department of Highway Safety and Motor Vehicles to withhold
537 issuance of or suspend the driver license or driving privilege
538 of that person for 45 consecutive days.
539 Section 34. Subsection (2) of section 1003.27, Florida
540 Statutes, is amended to read:
541 1003.27 Court procedure and penalties.—The court procedure
542 and penalties for the enforcement of the provisions of this
543 part, relating to compulsory school attendance, shall be as
544 follows:
545 (2) NONENROLLMENT AND NONATTENDANCE CASES.—
546 (a) In each case of nonenrollment or of nonattendance upon
547 the part of a student who is required to attend some school,
548 when no valid reason for such nonenrollment or nonattendance is
549 found, the district school superintendent shall institute a
550 criminal prosecution against the student’s parent.
551 (b) Each public school principal or the principal’s
552 designee shall notify the district school board of each minor
553 student under its jurisdiction who accumulates 15 unexcused
554 absences in a period of 90 calendar days. Each designee of the
555 governing body of each private school, and each parent whose
556 child is enrolled in a home education program, may provide the
557 Department of Highway Safety and Motor Vehicles with the legal
558 name, sex, date of birth, and social security number of each
559 minor student under his or her jurisdiction who fails to satisfy
560 relevant attendance requirements and who fails to otherwise
561 satisfy the requirements of s. 322.091. The district school
562 superintendent must provide the Department of Highway Safety and
563 Motor Vehicles the legal name, sex, date of birth, and social
564 security number of each minor student who has been reported
565 under this paragraph and who fails to otherwise satisfy the
566 requirements of s. 322.091. The Department of Highway Safety and
567 Motor Vehicles may not issue a driver license or learner’s
568 driver license to, and shall suspend any previously issued
569 driver license or learner’s driver license of, any such minor
570 student, pursuant to the provisions of s. 322.091.
571 Section 35. Paragraph (a) of subsection (10) of section
572 318.14, Florida Statutes, is amended to read:
573 318.14 Noncriminal traffic infractions; exception;
574 procedures.—
575 (10)(a) Any person who does not hold a commercial driver
576 license or commercial learner’s permit and who is cited while
577 driving a noncommercial motor vehicle for an offense listed
578 under this subsection may, in lieu of payment of fine or court
579 appearance, elect to enter a plea of nolo contendere and provide
580 proof of compliance to the clerk of the court, designated
581 official, or authorized operator of a traffic violations bureau.
582 In such case, adjudication shall be withheld; however, a person
583 may not make an election under this subsection if the person has
584 made an election under this subsection in the preceding 12
585 months. A person may not make more than three elections under
586 this subsection. This subsection applies to the following
587 offenses:
588 1. Operating a motor vehicle without a valid driver license
589 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
590 operating a motor vehicle with a license that has been suspended
591 for failure to appear, failure to pay civil penalty, or failure
592 to attend a driver improvement course pursuant to s. 322.291.
593 2. Operating a motor vehicle without a valid registration
594 in violation of s. 320.0605, s. 320.07, or s. 320.131.
595 3. Operating a motor vehicle in violation of s. 316.646.
596 4. Operating a motor vehicle with a license that has been
597 suspended under s. 61.13016 or s. 322.245 for failure to pay
598 child support or for failure to pay any other financial
599 obligation as provided in s. 322.245; however, this subparagraph
600 does not apply if the license has been suspended pursuant to s.
601 322.245(1).
602 5. Operating a motor vehicle with a license that has been
603 suspended under s. 322.091 for failure to meet school attendance
604 requirements.
605 Section 36. Subsections (1) and (2) of section 322.05,
606 Florida Statutes, are amended to read:
607 322.05 Persons not to be licensed.—The department may not
608 issue a license:
609 (1) To a person who is under the age of 16 years, except
610 that the department may issue a learner’s driver license to a
611 person who is at least 15 years of age and who meets the
612 requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
613 other applicable law or rule.
614 (2) To a person who is at least 16 years of age but is
615 under 18 years of age unless the person meets the requirements
616 of s. 322.091 and holds a valid:
617 (a) Learner’s driver license for at least 12 months, with
618 no moving traffic convictions, before applying for a license;
619 (b) Learner’s driver license for at least 12 months and who
620 has a moving traffic conviction but elects to attend a traffic
621 driving school for which adjudication must be withheld pursuant
622 to s. 318.14; or
623 (c) License that was issued in another state or in a
624 foreign jurisdiction and that would not be subject to suspension
625 or revocation under the laws of this state.
626 Section 37. Paragraph (i) of subsection (2) of section
627 397.951, Florida Statutes, is amended to read:
628 397.951 Treatment and sanctions.—The Legislature recognizes
629 that the integration of treatment and sanctions greatly
630 increases the effectiveness of substance abuse treatment. It is
631 the responsibility of the department and the substance abuse
632 treatment provider to employ the full measure of sanctions
633 available to require participation and completion of treatment
634 to ensure successful outcomes for children in substance abuse
635 treatment.
636 (2) The department shall ensure that substance abuse
637 treatment providers employ any and all appropriate available
638 sanctions necessary to engage, motivate, and maintain a child in
639 treatment, including, but not limited to, provisions in law
640 that:
641 (i) Provide that, pursuant to s. 322.056, for any person
642 under 18 years of age who is found guilty of or delinquent for a
643 violation of s. 562.11(2), s. 562.111, or chapter 893, and is
644 eligible by reason of age for a driver license or driving
645 privilege, the court shall direct the Department of Highway
646 Safety and Motor Vehicles to revoke or to withhold issuance of
647 his or her driver license or driving privilege for a period of 6
648 months.:
649 1. Not less than 6 months and not more than 1 year for the
650 first violation.
651 2. Two years, for a subsequent violation.
652 Section 38. Subsection (9) of section 1003.01, Florida
653 Statutes, is amended to read:
654 1003.01 Definitions.—As used in this chapter, the term:
655 (9) “Dropout” means a student who meets any one or more of
656 the following criteria:
657 (a) The student has voluntarily removed himself or herself
658 from the school system before graduation for reasons that
659 include, but are not limited to, marriage, or the student has
660 withdrawn from school because he or she has failed the statewide
661 student assessment test and thereby does not receive any of the
662 certificates of completion;
663 (b) The student has not met the relevant attendance
664 requirements of the school district pursuant to State Board of
665 Education rules, or the student was expected to attend a school
666 but did not enter as expected for unknown reasons, or the
667 student’s whereabouts are unknown;
668 (c) The student has withdrawn from school, but has not
669 transferred to another public or private school or enrolled in
670 any career, adult, home education, or alternative educational
671 program;
672 (d) The student has withdrawn from school due to hardship,
673 unless such withdrawal has been granted under the provisions of
674 s. 322.091, court action, expulsion, medical reasons, or
675 pregnancy; or
676 (e) The student is not eligible to attend school because of
677 reaching the maximum age for an exceptional student program in
678 accordance with the district’s policy.
679
680 The State Board of Education may adopt rules to implement
681 the provisions of this subsection.
682
683 ================= T I T L E A M E N D M E N T ================
684 And the title is amended as follows:
685 Delete line 117
686 and insert:
687 a report to the Governor and Legislature; amending s.
688 322.055, F.S.; decreasing the period for revocation or
689 suspension of, or delay of eligibility for, driver
690 licenses or driving privileges for certain persons
691 convicted of certain drug offenses; deleting
692 provisions authorizing a driver to petition the
693 department for restoration of the person’s driving
694 privilege; amending s. 322.056, F.S.; decreasing the
695 period for revocation or suspension of, or delay of
696 eligibility for, driver licenses or driving privileges
697 for certain persons found guilty of certain drug
698 offenses; deleting a provision authorizing a court to
699 direct the Department of Highway Safety and Motor
700 Vehicles to issue a license for certain restricted
701 driving privileges under certain circumstances;
702 deleting requirements relating to the revocation or
703 suspension of, or delay of eligibility for, driver
704 licenses or driving privileges for certain persons
705 found guilty of certain alcohol or tobacco offenses;
706 repealing s. 322.057, F.S., relating to discretionary
707 revocation or suspension of a driver license for
708 certain persons who provide alcohol to persons under a
709 specified age; amending s. 322.09, F.S.; deleting a
710 provision prohibiting the issuance of a driver license
711 or learner’s driver license under certain
712 circumstances; repealing s. 322.091, F.S., relating to
713 attendance requirements for driving privileges;
714 repealing s. 322.251(7), F.S., relating to notice of
715 suspension or revocation of driving privileges,
716 reasons for reinstatement of such driving privileges,
717 and certain electronic access to identify a person who
718 is the subject of an outstanding warrant or capias for
719 passing worthless bank checks; amending s. 322.34,
720 F.S.; revising the underlying violations resulting in
721 driver license or driving privilege cancellation,
722 suspension, or revocation for which specified
723 penalties apply; amending s. 562.11, F.S.; revising
724 penalties for selling, giving, serving, or permitting
725 to be served alcoholic beverages to a person under a
726 specified age or permitting such person to consume
727 such beverages on licensed premises; repealing s.
728 562.111(3), F.S., relating to withholding issuance of,
729 or suspending or revoking, a driver license or driving
730 privilege for possession of alcoholic beverages by
731 persons under a specified age; amending s. 569.11,
732 F.S.; revising penalties for persons under a specified
733 age who knowingly possess, misrepresent their age or
734 military service to purchase, or purchase or attempt
735 to purchase tobacco products; authorizing, rather than
736 requiring, the court to direct the Department of
737 Highway Safety and Motor Vehicles to withhold issuance
738 of or suspend a person’s driver license or driving
739 privilege for certain violations; amending s. 790.22,
740 F.S.; revising penalties relating to suspending,
741 revoking, or withholding issuance of driver licenses
742 or driving privileges for minors under a specified age
743 who possess firearms under certain circumstances;
744 deleting provisions relating to penalties for certain
745 offenses involving the use or possession of a firearm
746 by a minor under a specified age; amending s. 806.13,
747 F.S.; deleting provisions relating to certain
748 penalties for criminal mischief by a minor; repealing
749 s. 812.0155, F.S., relating to suspension of a driver
750 license following an adjudication of guilt for theft;
751 repealing s. 832.09, F.S., relating to suspension of a
752 driver license after warrant or capias is issued in
753 worthless check cases; amending s. 877.112, F.S.;
754 revising penalties for persons under a specified age
755 who knowingly possess, misrepresent their age or
756 military service to purchase, or purchase or attempt
757 to purchase any nicotine product or nicotine
758 dispensing device; authorizing, rather than requiring,
759 the court to direct the department to withhold
760 issuance of or suspend a person’s driver license or
761 driving privilege for certain violations; amending s.
762 1003.27, F.S.; deleting provisions relating to
763 procedures and penalties for nonenrollment and
764 nonattendance cases; amending ss. 318.14, 322.05,
765 397.951, and 1003.01, F.S.; conforming provisions to
766 changes made by the act; providing an