Florida Senate - 2017                                     SB 302
       
       
        
       By Senators Brandes and Rouson
       
       24-00163B-17                                           2017302__
    1                        A bill to be entitled                      
    2         An act relating to penalties and fees; amending s.
    3         27.52, F.S.; adding a financial information
    4         requirement for a certain application form; amending
    5         s. 28.246, F.S.; revising requirements relating to the
    6         payment of court-related fines or other monetary
    7         penalties, fees, charges, and costs; authorizing,
    8         rather than requiring, a clerk of court to pursue
    9         collection of certain fees, charges, fines, costs, or
   10         liens under certain circumstances; requiring a clerk
   11         of court to solicit competitive bids from collection
   12         agencies or private attorneys for certain services,
   13         subject to certain requirements; prohibiting the clerk
   14         from assessing a certain surcharge; prohibiting the
   15         collection agency or private attorney from imposing
   16         certain additional fees or surcharges; amending s.
   17         316.650, F.S.; requiring traffic citation forms to
   18         include certain language relating to payment of a
   19         penalty; amending s. 318.15, F.S.; prohibiting the
   20         suspension of a person’s driver license solely for
   21         failure to pay a penalty if the person demonstrates to
   22         the court, when specified, that he or she is unable to
   23         pay such penalty; requiring the person to provide
   24         documentation meeting certain requirements to the
   25         appropriate clerk of court in order to be considered
   26         unable to pay; amending s. 318.18, F.S.; requiring a
   27         court to inquire at the time a certain civil penalty
   28         is ordered whether the person is able to pay it;
   29         amending s. 322.055, F.S.; decreasing the period for
   30         revocation or suspension of, or delay of eligibility
   31         for, driver licenses or driving privileges for certain
   32         persons convicted of certain drug offenses; deleting
   33         provisions authorizing a driver to petition the
   34         Department of Highway Safety and Motor Vehicles for
   35         restoration of his or her driving privilege; amending
   36         s. 322.056, F.S.; decreasing the period for revocation
   37         or suspension of, or delay of eligibility for, driver
   38         licenses or driving privileges for certain persons
   39         found guilty of certain drug offenses; deleting a
   40         provision authorizing a court to direct the department
   41         to issue a license for certain restricted driving
   42         privileges under certain circumstances; deleting
   43         requirements relating to the revocation or suspension
   44         of, or delay of eligibility for, driver licenses or
   45         driving privileges for certain persons found guilty of
   46         certain alcohol or tobacco offenses; repealing s.
   47         322.057, F.S., relating to discretionary revocation or
   48         suspension of a driver license for certain persons who
   49         provide alcohol to persons under a specified age;
   50         amending s. 322.09, F.S.; deleting a provision
   51         prohibiting the issuance of a driver license or
   52         learner’s driver license under certain circumstances;
   53         repealing s. 322.091, F.S., relating to attendance
   54         requirements for driving privileges; amending s.
   55         322.245, F.S.; prohibiting the suspension of a
   56         person’s driver license solely for failure to pay a
   57         penalty if the person demonstrates to the court, when
   58         specified, that he or she is unable to pay such
   59         penalty; providing applicability; requiring the person
   60         to provide documentation meeting certain requirements
   61         to the appropriate clerk of court in order to be
   62         considered unable to pay; repealing s. 322.251(7),
   63         F.S., relating to notice of suspension or revocation
   64         of driving privileges, reasons for reinstatement of
   65         such driving privileges, and certain electronic access
   66         to identify a person who is the subject of an
   67         outstanding warrant or capias for passing worthless
   68         bank checks; amending s. 322.271, F.S.; providing that
   69         a person whose driver license or privilege to drive
   70         has been suspended may have his or her driver license
   71         or driving privilege reinstated on a restricted basis
   72         under certain circumstances; providing the period of
   73         validity of such restricted license; amending s.
   74         322.34, F.S.; revising the underlying violations
   75         resulting in driver license or driving privilege
   76         cancellation, suspension, or revocation for which
   77         specified penalties apply; amending s. 562.11, F.S.;
   78         revising penalties for selling, giving, serving, or
   79         permitting to be served alcoholic beverages to a
   80         person under a specified age or permitting such person
   81         to consume such beverages on licensed premises;
   82         conforming provisions to changes made by the act;
   83         repealing s. 562.111(3), F.S., relating to withholding
   84         issuance of, or suspending or revoking, a driver
   85         license or driving privilege for possession of
   86         alcoholic beverages by persons under a specified age;
   87         amending s. 569.11, F.S.; revising penalties for
   88         persons under a specified age who knowingly possess,
   89         misrepresent their age or military service to
   90         purchase, or purchase or attempt to purchase tobacco
   91         products; authorizing, rather than requiring, the
   92         court to direct the Department of Highway Safety and
   93         Motor Vehicles to withhold issuance of or suspend a
   94         person’s driver license or driving privilege for
   95         certain violations; amending s. 790.22, F.S.; revising
   96         penalties relating to suspending, revoking, or
   97         withholding issuance of driver licenses or driving
   98         privileges for minors under a specified age who
   99         possess firearms under certain circumstances; deleting
  100         provisions relating to penalties for certain offenses
  101         involving the use or possession of a firearm by a
  102         minor under a specified age; amending s. 806.13, F.S.;
  103         deleting provisions relating to certain penalties for
  104         criminal mischief by a minor; repealing s. 812.0155,
  105         F.S., relating to suspension of a driver license
  106         following an adjudication of guilt for theft;
  107         repealing s. 832.09, F.S., relating to suspension of a
  108         driver license after warrant or capias is issued in
  109         worthless check cases; amending s. 877.112, F.S.;
  110         revising penalties for persons under a specified age
  111         who knowingly possess, misrepresent their age or
  112         military service to purchase, or purchase or attempt
  113         to purchase any nicotine product or nicotine
  114         dispensing device; authorizing, rather than requiring,
  115         the court to direct the department to withhold
  116         issuance of or suspend a person’s driver license or
  117         driving privilege for certain violations; amending s.
  118         938.30, F.S.; authorizing a judge to convert certain
  119         statutory financial obligations into court-ordered
  120         obligations to perform community service by reliance
  121         upon specified information under certain
  122         circumstances; amending s. 1003.27, F.S.; deleting
  123         provisions relating to procedures and penalties for
  124         nonenrollment and nonattendance cases; amending ss.
  125         318.14, 322.05, 322.27, and 1003.01, F.S.; conforming
  126         provisions to changes made by the act; providing
  127         applicability; providing an effective date.
  128          
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. Paragraph (a) of subsection (1) of section
  132  27.52, Florida Statutes, is amended to read:
  133         27.52 Determination of indigent status.—
  134         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  135  of a public defender under s. 27.51 based upon an inability to
  136  pay must apply to the clerk of the court for a determination of
  137  indigent status using an application form developed by the
  138  Florida Clerks of Court Operations Corporation with final
  139  approval by the Supreme Court.
  140         (a) The application must include, at a minimum, the
  141  following financial information:
  142         1. Net income, consisting of total salary and wages, minus
  143  deductions required by law, including court-ordered support
  144  payments.
  145         2. Other income, including, but not limited to, social
  146  security benefits, union funds, veterans’ benefits, workers’
  147  compensation, other regular support from absent family members,
  148  public or private employee pensions, reemployment assistance or
  149  unemployment compensation, dividends, interest, rent, trusts,
  150  and gifts.
  151         3. Assets, including, but not limited to, cash, savings
  152  accounts, bank accounts, stocks, bonds, certificates of deposit,
  153  equity in real estate, and equity in a boat or a motor vehicle
  154  or in other tangible property.
  155         4. All liabilities and debts.
  156         5. If applicable, the amount of any bail paid for the
  157  applicant’s release from incarceration and the source of the
  158  funds.
  159         6. The election of or refusal of the option to fulfill any
  160  court-ordered financial obligation associated with the case by
  161  the completion of community service as ordered by the court.
  162  
  163  The application must include a signature by the applicant which
  164  attests to the truthfulness of the information provided. The
  165  application form developed by the corporation must include
  166  notice that the applicant may seek court review of a clerk’s
  167  determination that the applicant is not indigent, as provided in
  168  this section.
  169         Section 2. Subsections (4) and (6) of section 28.246,
  170  Florida Statutes, are amended to read:
  171         28.246 Payment of court-related fines or other monetary
  172  penalties, fees, charges, and costs; partial payments;
  173  distribution of funds.—
  174         (4) The clerk of the circuit court shall accept partial
  175  payments for court-related fees, service charges, costs, and
  176  fines in accordance with the terms of an established payment
  177  plan. An individual seeking to defer payment of fees, service
  178  charges, costs, or fines imposed by operation of law or order of
  179  the court under any provision of general law shall apply to the
  180  clerk for enrollment in a payment plan. The clerk shall enter
  181  into a payment plan with an individual who the court determines
  182  is indigent for costs. A monthly payment amount, calculated
  183  based upon all fees and all anticipated costs, may is presumed
  184  to correspond to the person’s ability to pay if the amount does
  185  not exceed 2 percent of the person’s annual net income, as
  186  defined in s. 27.52(1), divided by 12, without the consent of
  187  the applicant. The court may review the reasonableness of the
  188  payment plan.
  189         (6) A clerk of court may shall pursue the collection of any
  190  fees, service charges, fines, court costs, and liens for the
  191  payment of attorney fees and costs pursuant to s. 938.29 which
  192  remain unpaid after 90 days by referring the account to a
  193  private attorney who is a member in good standing of The Florida
  194  Bar or collection agent who is registered and in good standing
  195  pursuant to chapter 559. In pursuing the collection of such
  196  unpaid financial obligations through a private attorney or
  197  collection agent, the clerk of the court must first attempt have
  198  attempted to collect the unpaid amount through a collection
  199  court, collections docket, or other collections process, if any,
  200  established by the court. If this attempt is unsuccessful, the
  201  clerk may pursue the collection through a private attorney or
  202  collection agent. In pursuing the collection through a private
  203  attorney or collection agent, the clerk shall comply with, find
  204  this to be cost-effective and follow any applicable procurement
  205  practices and the following conditions:.
  206         (a) In retaining a collection agent or private attorney as
  207  provided in this subsection, the clerk shall solicit competitive
  208  bids from collection agents or private attorneys. The contract
  209  awarded to the successful bidder may be in effect for no longer
  210  than 3 years, with a maximum of two 1-year extensions.
  211         (b) The clerk shall consider all pertinent criteria when
  212  considering bids, including, but not limited to, performance
  213  quality, customer service, and collection fees. However, the
  214  collection fee, including any reasonable attorney attorney’s
  215  fee, paid to any attorney or collection agent retained by the
  216  clerk may be added to the balance owed in an amount not to
  217  exceed 40 percent of the amount owed at the time the account is
  218  referred to the attorney or agent for collection.
  219         (c) The clerk may not assess any surcharge to refer the
  220  account to an attorney or agent for collection.
  221         (d) The collection agent or private attorney may not impose
  222  any additional fees or surcharges other than the contractually
  223  agreed upon amounts.
  224         (e) The clerk shall give the private attorney or collection
  225  agent the application for the appointment of court-appointed
  226  counsel regardless of whether the court file is otherwise
  227  confidential from disclosure.
  228         Section 3. Present paragraphs (b), (c), and (d) of
  229  subsection (1) of section 316.650, Florida Statutes, are
  230  redesignated as paragraphs (c), (d), and (e), respectively, a
  231  new paragraph (b) is added to that subsection, and present
  232  paragraph (c) of that subsection is amended, to read:
  233         316.650 Traffic citations.—
  234         (1)
  235         (b) The traffic citation form must include language
  236  indicating that a person may enter into a payment plan with the
  237  clerk of court to pay a penalty. The form must also indicate
  238  that a person ordered to pay a penalty for a noncriminal traffic
  239  infraction and who is unable to comply due to demonstrable
  240  financial hardship will be allowed by the court to satisfy the
  241  payment by participating in community service pursuant to s.
  242  318.18(8)(b).
  243         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  244  traffic enforcement agency may produce uniform traffic citations
  245  by electronic means. Such citations must be consistent with the
  246  state traffic court rules and the procedures established by the
  247  department and must be appropriately numbered and inventoried.
  248  Affidavit-of-compliance forms may also be produced by electronic
  249  means.
  250         Section 4. Subsection (4) is added to section 318.15,
  251  Florida Statutes, to read:
  252         318.15 Failure to comply with civil penalty or to appear;
  253  penalty.—
  254         (4) Notwithstanding any other law, a person’s driver
  255  license may not be suspended solely for failure to pay a penalty
  256  if the person demonstrates to the court, after notice of the
  257  penalty and before the suspension takes place, that he or she is
  258  unable to pay the penalty. A person is considered unable to pay
  259  if he or she provides documentation to the appropriate clerk of
  260  court evidencing that:
  261         (a) The person receives reemployment assistance or
  262  unemployment compensation pursuant to chapter 443;
  263         (b) The person is disabled and incapable of self-support or
  264  receives benefits under the federal Supplemental Security Income
  265  program or Social Security Disability Insurance program;
  266         (c) The person receives temporary cash assistance pursuant
  267  to chapter 414;
  268         (d) The person is making payments in accordance with a
  269  confirmed bankruptcy plan under chapter 11, chapter 12, or
  270  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  271  101 et seq.;
  272         (e) The person has been placed on a payment plan or payment
  273  plans with the clerk of court which in total exceed what is
  274  determined to be a reasonable payment plan pursuant to s.
  275  28.246(4); or
  276         (f) The person has been determined to be indigent after
  277  filing an application with the clerk in accordance with s. 27.52
  278  or s. 57.082.
  279         Section 5. Paragraph (b) of subsection (8) of section
  280  318.18, Florida Statutes, is amended to read:
  281         318.18 Amount of penalties.—The penalties required for a
  282  noncriminal disposition pursuant to s. 318.14 or a criminal
  283  offense listed in s. 318.17 are as follows:
  284         (8)
  285         (b)1.a. If a person has been ordered to pay a civil penalty
  286  for a noncriminal traffic infraction and the person is unable to
  287  comply with the court’s order due to demonstrable financial
  288  hardship, the court shall allow the person to satisfy the civil
  289  penalty by participating in community service until the civil
  290  penalty is paid.
  291         b. The court shall inquire at the time the civil penalty is
  292  ordered whether the person is able to pay it.
  293         c. If a court orders a person to perform community service,
  294  the person shall receive credit for the civil penalty at the
  295  specified hourly credit rate per hour of community service
  296  performed, and each hour of community service performed shall
  297  reduce the civil penalty by that amount.
  298         2.a. As used in this paragraph, the term “specified hourly
  299  credit rate” means the wage rate that is specified in 29 U.S.C.
  300  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  301  that is then in effect, and that an employer subject to such
  302  provision must pay per hour to each employee subject to such
  303  provision.
  304         b. However, if a person ordered to perform community
  305  service has a trade or profession for which there is a community
  306  service need, the specified hourly credit rate for each hour of
  307  community service performed by that person shall be the average
  308  prevailing wage rate for the trade or profession that the
  309  community service agency needs.
  310         3.a. The community service agency supervising the person
  311  shall record the number of hours of community service completed
  312  and the date the community service hours were completed. The
  313  community service agency shall submit the data to the clerk of
  314  court on the letterhead of the community service agency, which
  315  must also bear the notarized signature of the person designated
  316  to represent the community service agency.
  317         b. When the number of community service hours completed by
  318  the person equals the amount of the civil penalty, the clerk of
  319  court shall certify this fact to the court. Thereafter, the
  320  clerk of court shall record in the case file that the civil
  321  penalty has been paid in full.
  322         4. As used in this paragraph, the term:
  323         a. “Community service” means uncompensated labor for a
  324  community service agency.
  325         b. “Community service agency” means a not-for-profit
  326  corporation, community organization, charitable organization,
  327  public officer, the state or any political subdivision of the
  328  state, or any other body the purpose of which is to improve the
  329  quality of life or social welfare of the community and which
  330  agrees to accept community service from persons unable to pay
  331  civil penalties for noncriminal traffic infractions.
  332         Section 6. Subsections (1) through (4) of section 322.055,
  333  Florida Statutes, are amended to read:
  334         322.055 Revocation or suspension of, or delay of
  335  eligibility for, driver license for persons 18 years of age or
  336  older convicted of certain drug offenses.—
  337         (1) Notwithstanding s. 322.28, upon the conviction of a
  338  person 18 years of age or older for possession or sale of,
  339  trafficking in, or conspiracy to possess, sell, or traffic in a
  340  controlled substance, the court shall direct the department to
  341  revoke the driver license or driving privilege of the person.
  342  The period of such revocation shall be 6 months 1 year or until
  343  the person is evaluated for and, if deemed necessary by the
  344  evaluating agency, completes a drug treatment and rehabilitation
  345  program approved or regulated by the Department of Children and
  346  Families. However, the court may, in its sound discretion,
  347  direct the department to issue a license for driving privilege
  348  restricted to business or employment purposes only, as defined
  349  by s. 322.271, if the person is otherwise qualified for such a
  350  license. A driver whose license or driving privilege has been
  351  suspended or revoked under this section or s. 322.056 may, upon
  352  the expiration of 6 months, petition the department for
  353  restoration of the driving privilege on a restricted or
  354  unrestricted basis depending on length of suspension or
  355  revocation. In no case shall A restricted license may not be
  356  available until 6 months of the suspension or revocation period
  357  has been completed expired.
  358         (2) If a person 18 years of age or older is convicted for
  359  the possession or sale of, trafficking in, or conspiracy to
  360  possess, sell, or traffic in a controlled substance and such
  361  person is eligible by reason of age for a driver license or
  362  privilege, the court shall direct the department to withhold
  363  issuance of such person’s driver license or driving privilege
  364  for a period of 6 months 1 year after the date the person was
  365  convicted or until the person is evaluated for and, if deemed
  366  necessary by the evaluating agency, completes a drug treatment
  367  and rehabilitation program approved or regulated by the
  368  Department of Children and Families. However, the court may, in
  369  its sound discretion, direct the department to issue a license
  370  for driving privilege restricted to business or employment
  371  purposes only, as defined by s. 322.271, if the person is
  372  otherwise qualified for such a license. A driver whose license
  373  or driving privilege has been suspended or revoked under this
  374  section or s. 322.056 may, upon the expiration of 6 months,
  375  petition the department for restoration of the driving privilege
  376  on a restricted or unrestricted basis depending on the length of
  377  suspension or revocation. In no case shall A restricted license
  378  may not be available until 6 months of the suspension or
  379  revocation period has been completed expired.
  380         (3) If a person 18 years of age or older is convicted for
  381  the possession or sale of, trafficking in, or conspiracy to
  382  possess, sell, or traffic in a controlled substance and such
  383  person’s driver license or driving privilege is already under
  384  suspension or revocation for any reason, the court shall direct
  385  the department to extend the period of such suspension or
  386  revocation by an additional period of 6 months 1 year or until
  387  the person is evaluated for and, if deemed necessary by the
  388  evaluating agency, completes a drug treatment and rehabilitation
  389  program approved or regulated by the Department of Children and
  390  Families. However, the court may, in its sound discretion,
  391  direct the department to issue a license for driving privilege
  392  restricted to business or employment purposes only, as defined
  393  by s. 322.271, if the person is otherwise qualified for such a
  394  license. A driver whose license or driving privilege has been
  395  suspended or revoked under this section or s. 322.056 may, upon
  396  the expiration of 6 months, petition the department for
  397  restoration of the driving privilege on a restricted or
  398  unrestricted basis depending on the length of suspension or
  399  revocation. In no case shall A restricted license may not be
  400  available until 6 months of the suspension or revocation period
  401  has been completed expired.
  402         (4) If a person 18 years of age or older is convicted for
  403  the possession or sale of, trafficking in, or conspiracy to
  404  possess, sell, or traffic in a controlled substance and such
  405  person is ineligible by reason of age for a driver license or
  406  driving privilege, the court shall direct the department to
  407  withhold issuance of such person’s driver license or driving
  408  privilege for a period of 6 months 1 year after the date that he
  409  or she would otherwise have become eligible or until he or she
  410  becomes eligible by reason of age for a driver license and is
  411  evaluated for and, if deemed necessary by the evaluating agency,
  412  completes a drug treatment and rehabilitation program approved
  413  or regulated by the Department of Children and Families.
  414  However, the court may, in its sound discretion, direct the
  415  department to issue a license for driving privilege restricted
  416  to business or employment purposes only, as defined by s.
  417  322.271, if the person is otherwise qualified for such a
  418  license. A driver whose license or driving privilege has been
  419  suspended or revoked under this section or s. 322.056 may, upon
  420  the expiration of 6 months, petition the department for
  421  restoration of the driving privilege on a restricted or
  422  unrestricted basis depending on the length of suspension or
  423  revocation. In no case shall A restricted license may not be
  424  available until 6 months of the suspension or revocation period
  425  has been completed expired.
  426         Section 7. Section 322.056, Florida Statutes, is amended to
  427  read:
  428         322.056 Mandatory revocation or suspension of, or delay of
  429  eligibility for, driver license for persons under age 18 found
  430  guilty of certain alcohol, drug, or tobacco offenses;
  431  prohibition.—
  432         (1) Notwithstanding the provisions of s. 322.055, if a
  433  person under 18 years of age is found guilty of or delinquent
  434  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  435  and:
  436         (a) The person is eligible by reason of age for a driver
  437  license or driving privilege, the court shall direct the
  438  department to revoke or to withhold issuance of his or her
  439  driver license or driving privilege for a period of 6 months.:
  440         1. Not less than 6 months and not more than 1 year for the
  441  first violation.
  442         2. Two years, for a subsequent violation.
  443         (b) The person’s driver license or driving privilege is
  444  under suspension or revocation for any reason, the court shall
  445  direct the department to extend the period of suspension or
  446  revocation by an additional period of 6 months.:
  447         1. Not less than 6 months and not more than 1 year for the
  448  first violation.
  449         2. Two years, for a subsequent violation.
  450         (c) The person is ineligible by reason of age for a driver
  451  license or driving privilege, the court shall direct the
  452  department to withhold issuance of his or her driver license or
  453  driving privilege for a period of:
  454         1. Not less than 6 months and not more than 1 year after
  455  the date on which he or she would otherwise have become
  456  eligible, for the first violation.
  457         2. Two years after the date on which he or she would
  458  otherwise have become eligible, for a subsequent violation.
  459  
  460  However, the court may, in its sound discretion, direct the
  461  department to issue a license for driving privileges restricted
  462  to business or employment purposes only, as defined in s.
  463  322.271, if the person is otherwise qualified for such a
  464  license.
  465         (2) If a person under 18 years of age is found by the court
  466  to have committed a noncriminal violation under s. 569.11 or s.
  467  877.112(6) or (7) and that person has failed to comply with the
  468  procedures established in that section by failing to fulfill
  469  community service requirements, failing to pay the applicable
  470  fine, or failing to attend a locally available school-approved
  471  anti-tobacco program, and:
  472         (a) The person is eligible by reason of age for a driver
  473  license or driving privilege, the court shall direct the
  474  department to revoke or to withhold issuance of his or her
  475  driver license or driving privilege as follows:
  476         1. For the first violation, for 30 days.
  477         2. For the second violation within 12 weeks of the first
  478  violation, for 45 days.
  479         (b) The person’s driver license or driving privilege is
  480  under suspension or revocation for any reason, the court shall
  481  direct the department to extend the period of suspension or
  482  revocation by an additional period as follows:
  483         1. For the first violation, for 30 days.
  484         2. For the second violation within 12 weeks of the first
  485  violation, for 45 days.
  486         (c) The person is ineligible by reason of age for a driver
  487  license or driving privilege, the court shall direct the
  488  department to withhold issuance of his or her driver license or
  489  driving privilege as follows:
  490         1. For the first violation, for 30 days.
  491         2. For the second violation within 12 weeks of the first
  492  violation, for 45 days.
  493  
  494  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  495  within the 12-week period after the first violation will be
  496  treated as a first violation and in the same manner as provided
  497  in this subsection.
  498         (3) If a person under 18 years of age is found by the court
  499  to have committed a third violation of s. 569.11 or s.
  500  877.112(6) or (7) within 12 weeks of the first violation, the
  501  court must direct the Department of Highway Safety and Motor
  502  Vehicles to suspend or withhold issuance of his or her driver
  503  license or driving privilege for 60 consecutive days. Any third
  504  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  505  12-week period after the first violation will be treated as a
  506  first violation and in the same manner as provided in subsection
  507  (2).
  508         (2)(4) A penalty imposed under this section shall be in
  509  addition to any other penalty imposed by law.
  510         (5) The suspension or revocation of a person’s driver
  511  license imposed pursuant to subsection (2) or subsection (3),
  512  shall not result in or be cause for an increase of the convicted
  513  person’s, or his or her parent’s or legal guardian’s, automobile
  514  insurance rate or premium or result in points assessed against
  515  the person’s driving record.
  516         Section 8. Section 322.057, Florida Statutes, is repealed.
  517         Section 9. Subsection (3) of section 322.09, Florida
  518  Statutes, is amended, and present subsections (4) and (5) of
  519  that section are redesignated as subsections (3) and (4),
  520  respectively, to read:
  521         322.09 Application of minors; responsibility for negligence
  522  or misconduct of minor.—
  523         (3) The department may not issue a driver license or
  524  learner’s driver license to any applicant under the age of 18
  525  years who is not in compliance with the requirements of s.
  526  322.091.
  527         Section 10. Section 322.091, Florida Statutes, is repealed.
  528         Section 11. Subsection (6) is added to section 322.245,
  529  Florida Statutes, to read:
  530         322.245 Suspension of license upon failure of person
  531  charged with specified offense under chapter 316, chapter 320,
  532  or this chapter to comply with directives ordered by traffic
  533  court or upon failure to pay child support in non-IV-D cases as
  534  provided in chapter 61 or failure to pay any financial
  535  obligation in any other criminal case.—
  536         (6) Notwithstanding any other law, a person’s driver
  537  license may not be suspended solely for failure to pay a penalty
  538  or court obligation if the person demonstrates to the court,
  539  after the court orders the penalty or obligation and before the
  540  suspension takes place, that he or she is unable to pay the
  541  penalty or court obligation. This subsection does not apply to
  542  failure to pay child support in non-IV-D cases as provided in
  543  chapter 61. A person is considered unable to pay if he or she
  544  provides documentation to the appropriate clerk of court
  545  evidencing that:
  546         (a) The person receives reemployment assistance or
  547  unemployment compensation pursuant to chapter 443;
  548         (b) The person is disabled and incapable of self-support or
  549  receives benefits under the federal Supplemental Security Income
  550  program or Social Security Disability Insurance program;
  551         (c) The person receives temporary cash assistance pursuant
  552  to chapter 414;
  553         (d) The person is making payments in accordance with a
  554  confirmed bankruptcy plan under chapter 11, chapter 12, or
  555  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  556  101 et seq.;
  557         (e) The person has been placed on a payment plan or payment
  558  plans with the clerk of court which in total exceed what is
  559  determined to be a reasonable payment plan pursuant to s.
  560  28.246(4); or
  561         (f) The person has been determined to be indigent after
  562  filing an application with the clerk in accordance with s. 27.52
  563  or s. 57.082.
  564         Section 12. Subsection (7) of section 322.251, Florida
  565  Statutes, is repealed.
  566         Section 13. Subsection (8) is added to section 322.271,
  567  Florida Statutes, to read:
  568         322.271 Authority to modify revocation, cancellation, or
  569  suspension order.—
  570         (8) A person whose driver license or privilege to drive has
  571  been suspended under s. 318.15 or s. 322.245, with the exception
  572  of any suspension related to s. 61.13016, may have his or her
  573  driver license or driving privilege reinstated on a restricted
  574  basis by the department in accordance with this section. The
  575  restricted license shall be valid until the 7-year suspension
  576  period ends as provided in s. 318.15 or until the debt is paid.
  577         Section 14. Subsection (10) of section 322.34, Florida
  578  Statutes, is amended to read:
  579         322.34 Driving while license suspended, revoked, canceled,
  580  or disqualified.—
  581         (10)(a) Notwithstanding any other provision of this
  582  section, if a person does not have a prior forcible felony
  583  conviction as defined in s. 776.08, the penalties provided in
  584  paragraph (b) apply if a person’s driver license or driving
  585  privilege is canceled, suspended, or revoked for:
  586         1. Failing to pay child support as provided in s. 322.245
  587  or s. 61.13016;
  588         2. Failing to pay any other financial obligation as
  589  provided in s. 322.245 other than those specified in s.
  590  322.245(1);
  591         3. Failing to comply with a civil penalty required in s.
  592  318.15;
  593         4. Failing to maintain vehicular financial responsibility
  594  as required by chapter 324; or
  595         5. Failing to comply with attendance or other requirements
  596  for minors as set forth in s. 322.091; or
  597         5.6. Having been designated a habitual traffic offender
  598  under s. 322.264(1)(d) as a result of suspensions of his or her
  599  driver license or driver privilege for any underlying violation
  600  listed in subparagraphs 1.-4. 1.-5.
  601         (b)1. Upon a first conviction for knowingly driving while
  602  his or her license is suspended, revoked, or canceled for any of
  603  the underlying violations listed in subparagraphs (a)1.-5.
  604  (a)1.-6., a person commits a misdemeanor of the second degree,
  605  punishable as provided in s. 775.082 or s. 775.083.
  606         2. Upon a second or subsequent conviction for the same
  607  offense of knowingly driving while his or her license is
  608  suspended, revoked, or canceled for any of the underlying
  609  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  610  commits a misdemeanor of the first degree, punishable as
  611  provided in s. 775.082 or s. 775.083.
  612         Section 15. Paragraph (a) of subsection (1) and paragraph
  613  (c) of subsection (2) of section 562.11, Florida Statutes, are
  614  amended to read:
  615         562.11 Selling, giving, or serving alcoholic beverages to
  616  person under age 21; providing a proper name; misrepresenting or
  617  misstating age or age of another to induce licensee to serve
  618  alcoholic beverages to person under 21; penalties.—
  619         (1)(a)1. A person may not sell, give, serve, or permit to
  620  be served alcoholic beverages to a person under 21 years of age
  621  or permit a person under 21 years of age to consume such
  622  beverages on the licensed premises. A person who violates this
  623  subparagraph commits a misdemeanor of the second degree,
  624  punishable as provided in s. 775.082 or s. 775.083. A person who
  625  violates this subparagraph a second or subsequent time within 1
  626  year after a prior conviction commits a misdemeanor of the first
  627  degree, punishable as provided in s. 775.082 or s. 775.083.
  628         2. In addition to any other penalty imposed for a violation
  629  of subparagraph 1., the court may order the Department of
  630  Highway Safety and Motor Vehicles to withhold the issuance of,
  631  or suspend or revoke, the driver license or driving privilege,
  632  as provided in s. 322.057, of any person who violates
  633  subparagraph 1. This subparagraph does not apply to a licensee,
  634  as defined in s. 561.01, who violates subparagraph 1. while
  635  acting within the scope of his or her license or an employee or
  636  agent of a licensee, as defined in s. 561.01, who violates
  637  subparagraph 1. while engaged within the scope of his or her
  638  employment or agency.
  639         3. A court that withholds the issuance of, or suspends or
  640  revokes, the driver license or driving privilege of a person
  641  pursuant to subparagraph 2. may direct the Department of Highway
  642  Safety and Motor Vehicles to issue the person a license for
  643  driving privilege restricted to business purposes only, as
  644  defined in s. 322.271, if he or she is otherwise qualified.
  645         (2) It is unlawful for any person to misrepresent or
  646  misstate his or her age or the age of any other person for the
  647  purpose of inducing any licensee or his or her agents or
  648  employees to sell, give, serve, or deliver any alcoholic
  649  beverages to a person under 21 years of age, or for any person
  650  under 21 years of age to purchase or attempt to purchase
  651  alcoholic beverages.
  652         (c) In addition to any other penalty imposed for a
  653  violation of this subsection, if a person uses a driver license
  654  or identification card issued by the Department of Highway
  655  Safety and Motor Vehicles in violation of this subsection, the
  656  court:
  657         1. may order the person to participate in public service or
  658  a community work project for a period not to exceed 40 hours;
  659  and
  660         2. Shall direct the Department of Highway Safety and Motor
  661  Vehicles to withhold issuance of, or suspend or revoke, the
  662  person’s driver license or driving privilege, as provided in s.
  663  322.056.
  664         Section 16. Subsection (3) of section 562.111, Florida
  665  Statutes, is repealed.
  666         Section 17. Subsections (1), (2), and (5) of section
  667  569.11, Florida Statutes, are amended to read:
  668         569.11 Possession, misrepresenting age or military service
  669  to purchase, and purchase of tobacco products by persons under
  670  18 years of age prohibited; penalties; jurisdiction; disposition
  671  of fines.—
  672         (1) It is unlawful for any person under 18 years of age to
  673  knowingly possess any tobacco product. Any person under 18 years
  674  of age who violates the provisions of this subsection commits a
  675  noncriminal violation as provided in s. 775.08(3), punishable
  676  by:
  677         (a) For a first violation, 16 hours of community service
  678  or, instead of community service, a $25 fine. In addition, the
  679  person must attend a school-approved anti-tobacco program, if
  680  locally available; or
  681         (b) For a second or subsequent violation within 12 weeks
  682  after of the first violation, a $25 fine.; or
  683         (c) For a third or subsequent violation within 12 weeks of
  684  the first violation, the court must direct the Department of
  685  Highway Safety and Motor Vehicles to withhold issuance of or
  686  suspend or revoke the person’s driver license or driving
  687  privilege, as provided in s. 322.056.
  688  
  689  Any second or subsequent violation not within the 12-week time
  690  period after the first violation is punishable as provided for a
  691  first violation.
  692         (2) It is unlawful for any person under 18 years of age to
  693  misrepresent his or her age or military service for the purpose
  694  of inducing a dealer or an agent or employee of the dealer to
  695  sell, give, barter, furnish, or deliver any tobacco product, or
  696  to purchase, or attempt to purchase, any tobacco product from a
  697  person or a vending machine. Any person under 18 years of age
  698  who violates a provision of this subsection commits a
  699  noncriminal violation as provided in s. 775.08(3), punishable
  700  by:
  701         (a) For a first violation, 16 hours of community service
  702  or, instead of community service, a $25 fine and, in addition,
  703  the person must attend a school-approved anti-tobacco program,
  704  if available; or
  705         (b) For a second or subsequent violation within 12 weeks
  706  after of the first violation, a $25 fine.; or
  707         (c) For a third or subsequent violation within 12 weeks of
  708  the first violation, the court must direct the Department of
  709  Highway Safety and Motor Vehicles to withhold issuance of or
  710  suspend or revoke the person’s driver license or driving
  711  privilege, as provided in s. 322.056.
  712  
  713  Any second or subsequent violation not within the 12-week time
  714  period after the first violation is punishable as provided for a
  715  first violation.
  716         (5)(a) If a person under 18 years of age is found by the
  717  court to have committed a noncriminal violation under this
  718  section and that person has failed to complete community
  719  service, pay the fine as required by paragraph (1)(a) or
  720  paragraph (2)(a), or attend a school-approved anti-tobacco
  721  program, if locally available, the court may must direct the
  722  Department of Highway Safety and Motor Vehicles to withhold
  723  issuance of or suspend the driver license or driving privilege
  724  of that person for a period of 30 consecutive days.
  725         (b) If a person under 18 years of age is found by the court
  726  to have committed a noncriminal violation under this section and
  727  that person has failed to pay the applicable fine as required by
  728  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  729  the Department of Highway Safety and Motor Vehicles to withhold
  730  issuance of or suspend the driver license or driving privilege
  731  of that person for a period of 45 consecutive days.
  732         Section 18. Subsections (5) and (10) of section 790.22,
  733  Florida Statutes, are amended to read:
  734         790.22 Use of BB guns, air or gas-operated guns, or
  735  electric weapons or devices by minor under 16; limitation;
  736  possession of firearms by minor under 18 prohibited; penalties.—
  737         (5)(a) A minor who violates subsection (3) commits a
  738  misdemeanor of the first degree; for a first offense, may serve
  739  a period of detention of up to 3 days in a secure detention
  740  facility; and, in addition to any other penalty provided by law,
  741  shall be required to perform 100 hours of community service.;
  742  and:
  743         1. If the minor is eligible by reason of age for a driver
  744  license or driving privilege, the court shall direct the
  745  Department of Highway Safety and Motor Vehicles to revoke or to
  746  withhold issuance of the minor’s driver license or driving
  747  privilege for up to 1 year.
  748         2. If the minor’s driver license or driving privilege is
  749  under suspension or revocation for any reason, the court shall
  750  direct the Department of Highway Safety and Motor Vehicles to
  751  extend the period of suspension or revocation by an additional
  752  period of up to 1 year.
  753         3. If the minor is ineligible by reason of age for a driver
  754  license or driving privilege, the court shall direct the
  755  Department of Highway Safety and Motor Vehicles to withhold
  756  issuance of the minor’s driver license or driving privilege for
  757  up to 1 year after the date on which the minor would otherwise
  758  have become eligible.
  759         (b) For a second or subsequent offense, a minor who
  760  violates subsection (3) commits a felony of the third degree and
  761  shall serve a period of detention of up to 15 days in a secure
  762  detention facility and shall be required to perform not less
  763  than 100 or nor more than 250 hours of community service., and:
  764         1. If the minor is eligible by reason of age for a driver
  765  license or driving privilege, the court shall direct the
  766  Department of Highway Safety and Motor Vehicles to revoke or to
  767  withhold issuance of the minor’s driver license or driving
  768  privilege for up to 2 years.
  769         2. If the minor’s driver license or driving privilege is
  770  under suspension or revocation for any reason, the court shall
  771  direct the Department of Highway Safety and Motor Vehicles to
  772  extend the period of suspension or revocation by an additional
  773  period of up to 2 years.
  774         3. If the minor is ineligible by reason of age for a driver
  775  license or driving privilege, the court shall direct the
  776  Department of Highway Safety and Motor Vehicles to withhold
  777  issuance of the minor’s driver license or driving privilege for
  778  up to 2 years after the date on which the minor would otherwise
  779  have become eligible.
  780  
  781  For the purposes of this subsection, community service shall be
  782  performed, if possible, in a manner involving a hospital
  783  emergency room or other medical environment that deals on a
  784  regular basis with trauma patients and gunshot wounds.
  785         (10) If a minor is found to have committed an offense under
  786  subsection (9), the court shall impose the following penalties
  787  in addition to any penalty imposed under paragraph (9)(a) or
  788  paragraph (9)(b):
  789         (a) For a first offense:
  790         1. If the minor is eligible by reason of age for a driver
  791  license or driving privilege, the court shall direct the
  792  Department of Highway Safety and Motor Vehicles to revoke or to
  793  withhold issuance of the minor’s driver license or driving
  794  privilege for up to 1 year.
  795         2. If the minor’s driver license or driving privilege is
  796  under suspension or revocation for any reason, the court shall
  797  direct the Department of Highway Safety and Motor Vehicles to
  798  extend the period of suspension or revocation by an additional
  799  period for up to 1 year.
  800         3. If the minor is ineligible by reason of age for a driver
  801  license or driving privilege, the court shall direct the
  802  Department of Highway Safety and Motor Vehicles to withhold
  803  issuance of the minor’s driver license or driving privilege for
  804  up to 1 year after the date on which the minor would otherwise
  805  have become eligible.
  806         (b) For a second or subsequent offense:
  807         1. If the minor is eligible by reason of age for a driver
  808  license or driving privilege, the court shall direct the
  809  Department of Highway Safety and Motor Vehicles to revoke or to
  810  withhold issuance of the minor’s driver license or driving
  811  privilege for up to 2 years.
  812         2. If the minor’s driver license or driving privilege is
  813  under suspension or revocation for any reason, the court shall
  814  direct the Department of Highway Safety and Motor Vehicles to
  815  extend the period of suspension or revocation by an additional
  816  period for up to 2 years.
  817         3. If the minor is ineligible by reason of age for a driver
  818  license or driving privilege, the court shall direct the
  819  Department of Highway Safety and Motor Vehicles to withhold
  820  issuance of the minor’s driver license or driving privilege for
  821  up to 2 years after the date on which the minor would otherwise
  822  have become eligible.
  823         Section 19. Subsections (7) and (8) of section 806.13,
  824  Florida Statutes, are amended, and present subsection (9) of
  825  that section is redesignated as subsection (7), to read:
  826         806.13 Criminal mischief; penalties; penalty for minor.—
  827         (7) In addition to any other penalty provided by law, if a
  828  minor is found to have committed a delinquent act under this
  829  section for placing graffiti on any public property or private
  830  property, and:
  831         (a) The minor is eligible by reason of age for a driver
  832  license or driving privilege, the court shall direct the
  833  Department of Highway Safety and Motor Vehicles to revoke or
  834  withhold issuance of the minor’s driver license or driving
  835  privilege for not more than 1 year.
  836         (b) The minor’s driver license or driving privilege is
  837  under suspension or revocation for any reason, the court shall
  838  direct the Department of Highway Safety and Motor Vehicles to
  839  extend the period of suspension or revocation by an additional
  840  period of not more than 1 year.
  841         (c) The minor is ineligible by reason of age for a driver
  842  license or driving privilege, the court shall direct the
  843  Department of Highway Safety and Motor Vehicles to withhold
  844  issuance of the minor’s driver license or driving privilege for
  845  not more than 1 year after the date on which he or she would
  846  otherwise have become eligible.
  847         (8) A minor whose driver license or driving privilege is
  848  revoked, suspended, or withheld under subsection (7) may elect
  849  to reduce the period of revocation, suspension, or withholding
  850  by performing community service at the rate of 1 day for each
  851  hour of community service performed. In addition, if the court
  852  determines that due to a family hardship, the minor’s driver
  853  license or driving privilege is necessary for employment or
  854  medical purposes of the minor or a member of the minor’s family,
  855  the court shall order the minor to perform community service and
  856  reduce the period of revocation, suspension, or withholding at
  857  the rate of 1 day for each hour of community service performed.
  858  As used in this subsection, the term “community service” means
  859  cleaning graffiti from public property.
  860         Section 20. Section 812.0155, Florida Statutes, is
  861  repealed.
  862         Section 21. Section 832.09, Florida Statutes, is repealed.
  863         Section 22. Subsections (6) and (7) and paragraphs (c) and
  864  (d) of subsection (8) of section 877.112, Florida Statutes, are
  865  amended to read:
  866         877.112 Nicotine products and nicotine dispensing devices;
  867  prohibitions for minors; penalties; civil fines; signage
  868  requirements; preemption.—
  869         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  870  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  871  person under 18 years of age to knowingly possess any nicotine
  872  product or a nicotine dispensing device. Any person under 18
  873  years of age who violates this subsection commits a noncriminal
  874  violation as defined in s. 775.08(3), punishable by:
  875         (a) For a first violation, 16 hours of community service
  876  or, instead of community service, a $25 fine. In addition, the
  877  person must attend a school-approved anti-tobacco and nicotine
  878  program, if locally available; or
  879         (b) For a second or subsequent violation within 12 weeks
  880  after of the first violation, a $25 fine.; or
  881         (c) For a third or subsequent violation within 12 weeks of
  882  the first violation, the court must direct the Department of
  883  Highway Safety and Motor Vehicles to withhold issuance of or
  884  suspend or revoke the person’s driver license or driving
  885  privilege, as provided in s. 322.056.
  886  
  887  Any second or subsequent violation not within the 12-week time
  888  period after the first violation is punishable as provided for a
  889  first violation.
  890         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  891  any person under 18 years of age to misrepresent his or her age
  892  or military service for the purpose of inducing a retailer of
  893  nicotine products or nicotine dispensing devices or an agent or
  894  employee of such retailer to sell, give, barter, furnish, or
  895  deliver any nicotine product or nicotine dispensing device, or
  896  to purchase, or attempt to purchase, any nicotine product or
  897  nicotine dispensing device from a person or a vending machine.
  898  Any person under 18 years of age who violates this subsection
  899  commits a noncriminal violation as defined in s. 775.08(3),
  900  punishable by:
  901         (a) For a first violation, 16 hours of community service
  902  or, instead of community service, a $25 fine and, in addition,
  903  the person must attend a school-approved anti-tobacco and
  904  nicotine program, if available; or
  905         (b) For a second or subsequent violation within 12 weeks of
  906  the first violation, a $25 fine.; or
  907         (c) For a third or subsequent violation within 12 weeks of
  908  the first violation, the court must direct the Department of
  909  Highway Safety and Motor Vehicles to withhold issuance of or
  910  suspend or revoke the person’s driver license or driving
  911  privilege, as provided in s. 322.056.
  912  
  913  Any second or subsequent violation not within the 12-week time
  914  period after the first violation is punishable as provided for a
  915  first violation.
  916         (8) PENALTIES FOR MINORS.—
  917         (c) If a person under 18 years of age is found by the court
  918  to have committed a noncriminal violation under this section and
  919  that person has failed to complete community service, pay the
  920  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  921  attend a school-approved anti-tobacco and nicotine program, if
  922  locally available, the court may must direct the Department of
  923  Highway Safety and Motor Vehicles to withhold issuance of or
  924  suspend the driver license or driving privilege of that person
  925  for 30 consecutive days.
  926         (d) If a person under 18 years of age is found by the court
  927  to have committed a noncriminal violation under this section and
  928  that person has failed to pay the applicable fine as required by
  929  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  930  the Department of Highway Safety and Motor Vehicles to withhold
  931  issuance of or suspend the driver license or driving privilege
  932  of that person for 45 consecutive days.
  933         Section 23. Subsection (2) of section 938.30, Florida
  934  Statutes, is amended to read:
  935         938.30 Financial obligations in criminal cases;
  936  supplementary proceedings.—
  937         (2) The court may require a person liable for payment of an
  938  obligation to appear and be examined under oath concerning the
  939  person’s financial ability to pay the obligation. The judge may
  940  convert the statutory financial obligation into a court-ordered
  941  obligation to perform community service, subject to the
  942  provisions of s. 318.18(8), after examining a person under oath
  943  and determining the person’s inability to pay, or by reliance
  944  upon information provided under s. 27.52(1)(a)6. Any person who
  945  fails to attend a hearing may be arrested on warrant or capias
  946  issued by the clerk upon order of the court.
  947         Section 24. Subsection (2) of section 1003.27, Florida
  948  Statutes, is amended to read:
  949         1003.27 Court procedure and penalties.—The court procedure
  950  and penalties for the enforcement of the provisions of this
  951  part, relating to compulsory school attendance, shall be as
  952  follows:
  953         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
  954         (a) In each case of nonenrollment or of nonattendance upon
  955  the part of a student who is required to attend some school,
  956  when no valid reason for such nonenrollment or nonattendance is
  957  found, the district school superintendent shall institute a
  958  criminal prosecution against the student’s parent.
  959         (b) Each public school principal or the principal’s
  960  designee shall notify the district school board of each minor
  961  student under its jurisdiction who accumulates 15 unexcused
  962  absences in a period of 90 calendar days. Each designee of the
  963  governing body of each private school, and each parent whose
  964  child is enrolled in a home education program, may provide the
  965  Department of Highway Safety and Motor Vehicles with the legal
  966  name, sex, date of birth, and social security number of each
  967  minor student under his or her jurisdiction who fails to satisfy
  968  relevant attendance requirements and who fails to otherwise
  969  satisfy the requirements of s. 322.091. The district school
  970  superintendent must provide the Department of Highway Safety and
  971  Motor Vehicles the legal name, sex, date of birth, and social
  972  security number of each minor student who has been reported
  973  under this paragraph and who fails to otherwise satisfy the
  974  requirements of s. 322.091. The Department of Highway Safety and
  975  Motor Vehicles may not issue a driver license or learner’s
  976  driver license to, and shall suspend any previously issued
  977  driver license or learner’s driver license of, any such minor
  978  student, pursuant to the provisions of s. 322.091.
  979         Section 25. Paragraph (a) of subsection (10) of section
  980  318.14, Florida Statutes, is amended to read:
  981         318.14 Noncriminal traffic infractions; exception;
  982  procedures.—
  983         (10)(a) Any person who does not hold a commercial driver
  984  license or commercial learner’s permit and who is cited while
  985  driving a noncommercial motor vehicle for an offense listed
  986  under this subsection may, in lieu of payment of fine or court
  987  appearance, elect to enter a plea of nolo contendere and provide
  988  proof of compliance to the clerk of the court, designated
  989  official, or authorized operator of a traffic violations bureau.
  990  In such case, adjudication shall be withheld; however, a person
  991  may not make an election under this subsection if the person has
  992  made an election under this subsection in the preceding 12
  993  months. A person may not make more than three elections under
  994  this subsection. This subsection applies to the following
  995  offenses:
  996         1. Operating a motor vehicle without a valid driver license
  997  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  998  operating a motor vehicle with a license that has been suspended
  999  for failure to appear, failure to pay civil penalty, or failure
 1000  to attend a driver improvement course pursuant to s. 322.291.
 1001         2. Operating a motor vehicle without a valid registration
 1002  in violation of s. 320.0605, s. 320.07, or s. 320.131.
 1003         3. Operating a motor vehicle in violation of s. 316.646.
 1004         4. Operating a motor vehicle with a license that has been
 1005  suspended under s. 61.13016 or s. 322.245 for failure to pay
 1006  child support or for failure to pay any other financial
 1007  obligation as provided in s. 322.245; however, this subparagraph
 1008  does not apply if the license has been suspended pursuant to s.
 1009  322.245(1).
 1010         5. Operating a motor vehicle with a license that has been
 1011  suspended under s. 322.091 for failure to meet school attendance
 1012  requirements.
 1013         Section 26. Subsections (1) and (2) of section 322.05,
 1014  Florida Statutes, are amended to read:
 1015         322.05 Persons not to be licensed.—The department may not
 1016  issue a license:
 1017         (1) To a person who is under the age of 16 years, except
 1018  that the department may issue a learner’s driver license to a
 1019  person who is at least 15 years of age and who meets the
 1020  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
 1021  other applicable law or rule.
 1022         (2) To a person who is at least 16 years of age but is
 1023  under 18 years of age unless the person meets the requirements
 1024  of s. 322.091 and holds a valid:
 1025         (a) Learner’s driver license for at least 12 months, with
 1026  no moving traffic convictions, before applying for a license;
 1027         (b) Learner’s driver license for at least 12 months and who
 1028  has a moving traffic conviction but elects to attend a traffic
 1029  driving school for which adjudication must be withheld pursuant
 1030  to s. 318.14; or
 1031         (c) License that was issued in another state or in a
 1032  foreign jurisdiction and that would not be subject to suspension
 1033  or revocation under the laws of this state.
 1034         Section 27. Paragraph (b) of subsection (5) of section
 1035  322.27, Florida Statutes, is amended to read:
 1036         322.27 Authority of department to suspend or revoke driver
 1037  license or identification card.—
 1038         (5)
 1039         (b) If a person whose driver license has been revoked under
 1040  paragraph (a) as a result of a third violation of driving a
 1041  motor vehicle while his or her license is suspended or revoked
 1042  provides proof of compliance for an offense listed in s.
 1043  318.14(10)(a)1.-4. 318.14(10)(a)1.-5., the clerk of court shall
 1044  submit an amended disposition to remove the habitual traffic
 1045  offender designation.
 1046         Section 28. Subsection (9) of section 1003.01, Florida
 1047  Statutes, is amended to read:
 1048         1003.01 Definitions.—As used in this chapter, the term:
 1049         (9) “Dropout” means a student who meets any one or more of
 1050  the following criteria:
 1051         (a) The student has voluntarily removed himself or herself
 1052  from the school system before graduation for reasons that
 1053  include, but are not limited to, marriage, or the student has
 1054  withdrawn from school because he or she has failed the statewide
 1055  student assessment test and thereby does not receive any of the
 1056  certificates of completion;
 1057         (b) The student has not met the relevant attendance
 1058  requirements of the school district pursuant to State Board of
 1059  Education rules, or the student was expected to attend a school
 1060  but did not enter as expected for unknown reasons, or the
 1061  student’s whereabouts are unknown;
 1062         (c) The student has withdrawn from school, but has not
 1063  transferred to another public or private school or enrolled in
 1064  any career, adult, home education, or alternative educational
 1065  program;
 1066         (d) The student has withdrawn from school due to hardship,
 1067  unless such withdrawal has been granted because of under the
 1068  provisions of s. 322.091, court action, expulsion, medical
 1069  reasons, or pregnancy; or
 1070         (e) The student is not eligible to attend school because of
 1071  reaching the maximum age for an exceptional student program in
 1072  accordance with the district’s policy.
 1073  
 1074  The State Board of Education may adopt rules to implement the
 1075  provisions of this subsection.
 1076         Section 29. The amendment made by this act to s. 316.650,
 1077  Florida Statutes, shall apply upon the creation of a new
 1078  inventory of uniform traffic citation forms.
 1079         Section 30. This act shall take effect October 1, 2017.