Florida Senate - 2017                                    SB 1574
       By Senator Baxley
       12-01443A-17                                          20171574__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s. 318.14,
    3         F.S.; requiring notification by the clerk of the court
    4         if the amount of a civil penalty indicated on a
    5         citation is incorrect; amending s. 318.15, F.S.;
    6         requiring immediate suspension of the registration of
    7         all motor vehicles registered to a person who commits
    8         a first offense of failure to comply with a civil
    9         penalty or to appear; amending s. 318.18, F.S.;
   10         providing a process by which a person may apply to the
   11         clerk for permission to satisfy a civil penalty
   12         through community service; authorizing the clerk to
   13         determine indigent status and grant or deny permission
   14         under certain circumstances; requiring the court to
   15         review the clerk’s determination and make a final
   16         determination of indigent status under certain
   17         circumstances; amending s. 320.03, F.S.; prohibiting
   18         issuance of a license plate or revalidation sticker to
   19         a person who fails to comply with a civil penalty or
   20         to appear; amending s. 320.131, F.S.; conforming a
   21         cross-reference; amending s. 320.27, F.S.; requiring a
   22         motor vehicle dealer to verify the validity of a
   23         purchaser’s driver license; providing immunity from
   24         liability; providing penalties; amending s. 938.30,
   25         F.S.; conforming provisions to changes made by the
   26         act; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Paragraph (a) of subsection (4) of section
   31  318.14, Florida Statutes, is amended to read:
   32         318.14 Noncriminal traffic infractions; exception;
   33  procedures.—
   34         (4)(a) Except as provided in subsection (12), any person
   35  charged with a noncriminal infraction under this section who
   36  does not elect to appear shall, within 30 days after the date of
   37  issuance of the citation:
   38         1. Pay the civil penalty and delinquent fee, if applicable,
   39  either by mail or in person; or
   40         2. Enter into a payment plan in accordance with s. 28.246
   41  with the clerk of the court to pay the civil penalty and
   42  delinquent fee, if applicable.
   44  If the amount of the civil penalty indicated on the citation is
   45  determined to be incorrect after issuance of the citation, the
   46  clerk of the court shall notify the person within 10 days after
   47  such determination, by mail to the address indicated on the
   48  citation, of the correct civil penalty amount. The person shall
   49  have 30 days from the date the notification is mailed to pay the
   50  correct amount.
   51         Section 2. Paragraph (a) of subsection (1) of section
   52  318.15, Florida Statutes, is amended to read:
   53         318.15 Failure to comply with civil penalty or to appear;
   54  penalty.—
   55         (1)(a) If a person fails to comply with the civil penalties
   56  provided in s. 318.18 within the time period specified in s.
   57  318.14(4), fails to enter into or comply with the terms of a
   58  penalty payment plan with the clerk of the court in accordance
   59  with ss. 318.14 and 28.246, fails to attend driver improvement
   60  school, or fails to appear at a scheduled hearing, the clerk of
   61  the court shall notify the Department of Highway Safety and
   62  Motor Vehicles of such failure within 10 days after such
   63  failure. Upon receipt of such notice, the department shall:
   64         1.For a first offense, immediately suspend the
   65  registration of all motor vehicles registered in such person’s
   66  name.
   67         2.For a second or subsequent offense, immediately issue an
   68  order suspending the driver license and privilege to drive of
   69  such person effective 20 days after the date the order of
   70  suspension is mailed in accordance with s. 322.251(1), (2), and
   71  (6). Any such suspension of the driving privilege which has not
   72  been reinstated, including a similar suspension imposed outside
   73  Florida, shall remain on the records of the department for a
   74  period of 7 years from the date imposed and shall be removed
   75  from the records after the expiration of 7 years from the date
   76  it is imposed. The department may not accept the resubmission of
   77  such suspension.
   78         Section 3. Paragraph (b) of subsection (8) of section
   79  318.18, Florida Statutes, is amended to read:
   80         318.18 Amount of penalties.—The penalties required for a
   81  noncriminal disposition pursuant to s. 318.14 or a criminal
   82  offense listed in s. 318.17 are as follows:
   83         (8)
   84         (b)1.a. If A person who has been ordered to pay a civil
   85  penalty for a noncriminal traffic infraction may apply to the
   86  clerk of the court for permission to satisfy the civil penalty
   87  by participating in community service. The person must use an
   88  application form developed by the Florida Clerks of Court
   89  Operations Corporation with final approval by the Supreme Court.
   90  The application must include, at a minimum, the following
   91  financial information:
   92         (I)Net income, consisting of total salary and wages, minus
   93  deductions required by law, including court-ordered support
   94  payments.
   95         (II)Other income, including, but not limited to, social
   96  security benefits, union funds, veterans’ benefits, workers’
   97  compensation, other regular support from absent family members,
   98  public or private employee pensions, reemployment assistance or
   99  unemployment compensation, dividends, interest, rent, trusts,
  100  and gifts.
  101         (III)Assets, including, but not limited to, cash, savings
  102  accounts, bank accounts, stocks, bonds, certificates of deposit,
  103  equity in real estate, and equity in a boat or a motor vehicle
  104  or in other tangible property.
  105         (IV)All liabilities and debts.
  107  The application must include a signature by the applicant which
  108  attests to the truthfulness of the information provided. The
  109  application form developed by the corporation must include
  110  notice that the applicant may seek court review of a clerk’s
  111  determination that the applicant is not indigent, as provided in
  112  this paragraph.
  113         b.The clerk shall assist a person who appears before the
  114  clerk and requests assistance in completing the application, and
  115  the clerk shall notify the court if a person is unable to
  116  complete the application after the clerk has provided
  117  assistance.
  118         c.The clerk of the court shall determine whether an
  119  applicant seeking permission to perform community service is
  120  indigent based upon the information provided in the application
  121  and the criteria prescribed in this sub-subparagraph.
  122         (I)An applicant, including an applicant who is a minor or
  123  an adult tax-dependent person, is indigent if the applicant’s
  124  income is equal to or below 200 percent of the then-current
  125  federal poverty guidelines prescribed for the size of the
  126  household of the applicant by the United States Department of
  127  Health and Human Services or if the person is receiving
  128  Temporary Assistance for Needy Families-Cash Assistance,
  129  poverty-related veterans’ benefits, or Supplemental Security
  130  Income.
  131         (II)There is a presumption that the applicant is not
  132  indigent if the applicant owns, or has equity in, any intangible
  133  or tangible personal property or real property or the expectancy
  134  of an interest in any such property having a net equity value of
  135  $2,500 or more, excluding the value of the person’s homestead
  136  and one vehicle having a net value not exceeding $5,000.
  137         (III)Notwithstanding the information provided by the
  138  applicant, the clerk may conduct a review of the property
  139  records for the county in which the applicant resides and the
  140  motor vehicle title records of the state to identify any
  141  property interests of the applicant. The clerk may evaluate and
  142  consider the results of the review in making a determination
  143  under this sub-subparagraph. If the review is conducted, the
  144  clerk shall maintain the results of the review in a file with
  145  the application and provide the file to the court if the
  146  applicant seeks review under sub-subparagraph f. of the clerk’s
  147  determination of indigent status.
  148         d.The duty of the clerk in determining whether an
  149  applicant is indigent shall be limited to receiving the
  150  application and comparing the information provided in the
  151  application to the criteria prescribed in this subparagraph. The
  152  determination of indigent status is a ministerial act of the
  153  clerk and not a decision based on further investigation or the
  154  exercise of independent judgment by the clerk. The clerk may
  155  contract with third parties to perform functions assigned to the
  156  clerk under this paragraph.
  157         e.If the clerk of the court determines that and the
  158  applicant person is indigent and therefore unable to comply with
  159  the court’s order due to demonstrable financial hardship, the
  160  clerk of the court shall allow the applicant person to satisfy
  161  the civil penalty by participating in community service until
  162  the civil penalty is paid.
  163         f.If the clerk of the court determines that the applicant
  164  is not indigent, the applicant may seek review of the clerk’s
  165  determination by filing a written motion with the court and
  166  submitting to the court the completed application prescribed in
  167  sub-subparagraph a. In reviewing the motion, the court shall
  168  consider the extent to which the applicant’s income equals or
  169  exceeds the income criteria prescribed in sub-subparagraph c.
  170  The court shall make a final determination of indigent status
  171  and, if the court determines that the applicant is indigent,
  172  shall order the applicant to perform community service until the
  173  civil penalty is paid.
  174         g.b. If a court orders, or if the clerk of the court
  175  allows, a person to perform community service, the person shall
  176  receive credit for the civil penalty at the specified hourly
  177  credit rate per hour of community service performed, and each
  178  hour of community service performed shall reduce the civil
  179  penalty by that amount.
  180         2.a. As used in this paragraph, the term “specified hourly
  181  credit rate” means the wage rate that is specified in 29 U.S.C.
  182  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  183  that is then in effect, and that an employer subject to such
  184  provision must pay per hour to each employee subject to such
  185  provision.
  186         b. However, if a person ordered by the court or allowed by
  187  the clerk of the court to perform community service has a trade
  188  or profession for which there is a community service need, the
  189  specified hourly credit rate for each hour of community service
  190  performed by that person shall be the average prevailing wage
  191  rate for the trade or profession that the community service
  192  agency needs.
  193         3.a. The community service agency supervising the person
  194  shall record the number of hours of community service completed
  195  and the date the community service hours were completed. The
  196  community service agency shall submit the data to the clerk of
  197  the court on the letterhead of the community service agency,
  198  which must also bear the notarized signature of the person
  199  designated to represent the community service agency.
  200         b. When the number of community service hours completed by
  201  the person equals the amount of the civil penalty, the clerk of
  202  the court shall certify this fact to the court. Thereafter, the
  203  clerk of the court shall record in the case file that the civil
  204  penalty has been paid in full.
  205         4. As used in this paragraph, the term:
  206         a. “Community service” means uncompensated labor for a
  207  community service agency.
  208         b. “Community service agency” means a not-for-profit
  209  corporation, community organization, charitable organization,
  210  public officer, the state or any political subdivision of the
  211  state, or any other body the purpose of which is to improve the
  212  quality of life or social welfare of the community and which
  213  agrees to accept community service from persons unable to pay
  214  civil penalties for noncriminal traffic infractions.
  215         Section 4. Subsection (8) of section 320.03, Florida
  216  Statutes, is amended to read:
  217         320.03 Registration; duties of tax collectors;
  218  International Registration Plan.—
  219         (8) If the applicant’s name appears on the list referred to
  220  in s. 316.1001(4), s. 316.1967(6), s. 318.15(1)(a) or (3)
  221  318.15(3), or s. 713.78(13), a license plate or revalidation
  222  sticker may not be issued until that person’s name no longer
  223  appears on the list or until the person presents a receipt from
  224  the governmental entity or the clerk of court that provided the
  225  data showing that the fines outstanding have been paid. This
  226  subsection does not apply to the owner of a leased vehicle if
  227  the vehicle is registered in the name of the lessee of the
  228  vehicle. The tax collector and the clerk of the court are each
  229  entitled to receive monthly, as costs for implementing and
  230  administering this subsection, 10 percent of the civil penalties
  231  and fines recovered from such persons. As used in this
  232  subsection, the term “civil penalties and fines” does not
  233  include a wrecker operator’s lien as described in s. 713.78(13).
  234  If the tax collector has private tag agents, such tag agents are
  235  entitled to receive a pro rata share of the amount paid to the
  236  tax collector, based upon the percentage of license plates and
  237  revalidation stickers issued by the tag agent compared to the
  238  total issued within the county. The authority of any private
  239  agent to issue license plates shall be revoked, after notice and
  240  a hearing as provided in chapter 120, if he or she issues any
  241  license plate or revalidation sticker contrary to the provisions
  242  of this subsection. This section applies only to the annual
  243  renewal in the owner’s birth month of a motor vehicle
  244  registration and does not apply to the transfer of a
  245  registration of a motor vehicle sold by a motor vehicle dealer
  246  licensed under this chapter, except for the transfer of
  247  registrations which includes the annual renewals. This section
  248  does not affect the issuance of the title to a motor vehicle,
  249  notwithstanding s. 319.23(8)(b).
  250         Section 5. Subsection (8) of section 320.131, Florida
  251  Statutes, is amended to read:
  252         320.131 Temporary tags.—
  253         (8) The department shall administer an electronic system
  254  for licensed motor vehicle dealers to use for issuing temporary
  255  tags. If a dealer fails to comply with the department’s
  256  requirements for issuing temporary tags using the electronic
  257  system, the department may deny, suspend, or revoke a license
  258  under s. 320.27(10)(b)16. 320.27(9)(b)16. upon proof that the
  259  licensee has failed to comply with the department’s
  260  requirements. The department may adopt rules to administer this
  261  section.
  262         Section 6. Subsections (8) through (14) of section 320.27,
  263  Florida Statutes, are renumbered as subsections (9) through
  264  (15), respectively, present subsections (2) and (8) are amended,
  265  and a new subsection (8) is added to that section, to read:
  266         320.27 Motor vehicle dealers.—
  267         (2) LICENSE REQUIRED.—A No person may not shall engage in
  268  business as, serve in the capacity of, or act as a motor vehicle
  269  dealer in this state without first obtaining a license therefor
  270  in the appropriate classification as provided in this section.
  271  With the exception of transactions with motor vehicle auctions,
  272  a no person other than a licensed motor vehicle dealer may not
  273  advertise for sale any motor vehicle belonging to another party
  274  unless as a direct result of a bona fide legal proceeding, court
  275  order, or settlement of an estate, or by operation of law.
  276  However, an owner owners of a motor vehicle vehicles titled in
  277  his or her name their names may advertise and offer a vehicle
  278  vehicles for sale on his or her their own behalf. It shall be
  279  unlawful for A licensed motor vehicle dealer may not to allow a
  280  any person other than a bona fide employee to use the motor
  281  vehicle dealer license for the purpose of acting in the capacity
  282  of or conducting motor vehicle sales transactions as a motor
  283  vehicle dealer. A Any person who sells or offers selling or
  284  offering a motor vehicle for sale in violation of the licensing
  285  requirements of this subsection, or who misrepresents to any
  286  person its relationship with any manufacturer, importer, or
  287  distributor, in addition to the penalties provided in this
  288  section, commits herein, shall be deemed guilty of an unfair and
  289  deceptive trade practice as defined in part II of chapter 501
  290  and is shall be subject to the provisions of subsections (8) and
  291  (9) and (10).
  293         (a)Notwithstanding any other provision of law to the
  294  contrary, before finalizing the sale of a motor vehicle, a motor
  295  vehicle dealer shall record the driver license number of the
  296  purchaser and verify that the driver license is valid. The
  297  department shall provide the motor vehicle dealer access to the
  298  driver license record for purposes of such verification. If the
  299  driver license is suspended, revoked, or otherwise invalid, the
  300  dealer shall require an attestation by the purchaser on a form
  301  developed by the department indicating that the motor vehicle
  302  will be operated by a licensed driver.
  303         (b)A motor vehicle dealer who complies with paragraph (a)
  304  is not liable for any action of a purchaser or operator of a
  305  motor vehicle who has a suspended, revoked, or otherwise invalid
  306  driver license.
  307         (9)(8) PENALTY.—A Any person who violates found guilty of
  308  violating any of the provisions of this section commits is
  309  guilty of a misdemeanor of the second degree, punishable as
  310  provided in s. 775.082 or s. 775.083.
  311         Section 7. Subsection (2) of section 938.30, Florida
  312  Statutes, is amended to read:
  313         938.30 Financial obligations in criminal cases;
  314  supplementary proceedings.—
  315         (2) The court may require a person liable for payment of an
  316  obligation to appear and be examined under oath concerning the
  317  person’s financial ability to pay the obligation. The judge may
  318  convert the statutory financial obligation into a court-ordered
  319  obligation to perform community service, subject to the
  320  provisions of s. 318.18(8), after examining a person under oath
  321  and determining the person’s inability to pay. A Any person who
  322  fails to attend a hearing may be arrested on warrant or capias
  323  issued by the clerk upon order of the court.
  324         Section 8. This act shall take effect July 1, 2017.