Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7046
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/14/2016           .                                

       The Committee on Transportation (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 525 - 557
    4  and insert:
    5         or court obligation if the person demonstrates to the
    6  court, after receiving the penalty and prior to the suspension
    7  taking place, that he or she is unable to pay the penalty or
    8  court obligation. A person is considered unable to pay if the
    9  person provides documentation to the appropriate clerk of court
   10  evidencing that:
   11         (a) The person receives reemployment assistance or
   12  unemployment compensation pursuant to chapter 443;
   13         (b) The person is disabled and incapable of self-support or
   14  receives benefits under the federal Supplemental Security Income
   15  program or Social Security Disability Insurance program;
   16         (c) The person receives temporary cash assistance pursuant
   17  to chapter 414;
   18         (d) The person is making payments in accordance with a
   19  confirmed bankruptcy plan under chapter 11, chapter 12, or
   20  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
   21  101 et seq.;
   22         (e) The person has been placed on a payment plan or payment
   23  plans with the clerk of court which in total exceed what is
   24  determined to be a reasonable payment plan pursuant to s.
   25  28.246(4); or
   26         (f) The person has been determined to be indigent after
   27  filing an application with the clerk in accordance with s. 27.52
   28  or s. 57.082.
   29         Section 12. Subsection (7) of section 322.251, Florida
   30  Statutes, is repealed.
   31         Section 13. Subsection (8) is added to section 322.271,
   32  Florida Statutes, to read:
   33         322.271 Authority to modify revocation, cancellation, or
   34  suspension order.—
   35         (8) A person whose driver license or privilege to drive has
   36  been suspended under s. 318.15 or s. 322.245, with the exception
   37  of any suspension related to s. 61.13016, may have his or her
   38  driver license or driving privilege reinstated on a restricted
   39  basis by the department in accordance with this section. The
   40  restricted license shall be valid until the 7-year suspension
   41  period ends as provided in s. 318.15, Florida Statutes, or until
   42  the debt is paid.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete lines 55 - 69
   47  and insert:
   48         a penalty if the person demonstrates to the court,
   49         when specified, that he or she is unable to pay such
   50         penalty; requiring the person to provide documentation
   51         meeting certain requirements to the appropriate clerk
   52         of court in order to be considered unable to pay;
   53         repealing s. 322.251(7), F.S., relating to notice of
   54         suspension or revocation of driving privileges,
   55         reasons for reinstatement of such driving privileges,
   56         and certain electronic access to identify a person who
   57         is the subject of an outstanding warrant or capias for
   58         passing worthless bank checks; amending s. 322.271,
   59         F.S.; providing that a person whose driver license or
   60         privilege to drive has been suspended may have his or
   61         her driver license or driving privilege reinstated on
   62         a restricted basis under certain circumstances;
   63         providing the period of validity of such restricted
   64         license;