Florida Senate - 2017                              CS for SB 302
       
       
        
       By the Committee on Transportation; and Senators Brandes,
       Rouson, and Young
       
       596-01727-17                                           2017302c1
    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; requiring a clerk
    8         of court to solicit competitive bids from private
    9         attorneys or collection agents for collection
   10         services, subject to certain requirements; prohibiting
   11         the clerk from assessing a certain surcharge;
   12         prohibiting the collection agency or private attorney
   13         from imposing certain additional fees or surcharges;
   14         amending s. 316.650, F.S.; requiring traffic citation
   15         forms to include certain language relating to payment
   16         of a penalty; amending s. 318.15, F.S.; prohibiting
   17         the suspension of a person’s driver license solely for
   18         failure to pay a penalty if the person demonstrates to
   19         the court, when specified, that he or she is unable to
   20         pay such penalty; requiring the person to provide
   21         documentation meeting certain requirements to the
   22         appropriate clerk of court in order to be considered
   23         unable to pay; amending s. 318.18, F.S.; requiring a
   24         court to inquire at the time a certain civil penalty
   25         is ordered whether the person is able to pay it;
   26         amending s. 322.055, F.S.; decreasing the period for
   27         revocation or suspension of, or delay of eligibility
   28         for, driver licenses or driving privileges for certain
   29         persons convicted of certain drug offenses; deleting
   30         provisions authorizing a driver to petition the
   31         Department of Highway Safety and Motor Vehicles for
   32         restoration of his or her driving privilege; amending
   33         s. 322.056, F.S.; decreasing the period for revocation
   34         or suspension of, or delay of eligibility for, driver
   35         licenses or driving privileges for certain persons
   36         found guilty of certain drug offenses; deleting a
   37         provision authorizing a court to direct the department
   38         to issue a license for certain restricted driving
   39         privileges under certain circumstances; deleting
   40         requirements relating to the revocation or suspension
   41         of, or delay of eligibility for, driver licenses or
   42         driving privileges for certain persons found guilty of
   43         certain alcohol or tobacco offenses; repealing s.
   44         322.057, F.S., relating to discretionary revocation or
   45         suspension of a driver license for certain persons who
   46         provide alcohol to persons under a specified age;
   47         amending s. 322.09, F.S.; deleting a provision
   48         prohibiting the issuance of a driver license or
   49         learner’s driver license under certain circumstances;
   50         repealing s. 322.091, F.S., relating to attendance
   51         requirements for driving privileges; amending s.
   52         322.245, F.S.; prohibiting the suspension of a
   53         person’s driver license solely for failure to pay a
   54         penalty if the person demonstrates to the court, when
   55         specified, that he or she is unable to pay such
   56         penalty; providing applicability; requiring the person
   57         to provide documentation meeting certain requirements
   58         to the appropriate clerk of court in order to be
   59         considered unable to pay; repealing s. 322.251(7),
   60         F.S., relating to notice of suspension or revocation
   61         of driving privileges, reasons for reinstatement of
   62         such driving privileges, and certain electronic access
   63         to identify a person who is the subject of an
   64         outstanding warrant or capias for passing worthless
   65         bank checks; amending s. 322.271, F.S.; providing that
   66         a person whose driver license or privilege to drive
   67         has been suspended may have his or her driver license
   68         or driving privilege reinstated on a restricted basis
   69         under certain circumstances; providing the period of
   70         validity of such restricted license; amending s.
   71         322.34, F.S.; revising the underlying violations
   72         resulting in driver license or driving privilege
   73         cancellation, suspension, or revocation for which
   74         specified penalties apply; amending s. 562.11, F.S.;
   75         revising penalties for selling, giving, serving, or
   76         permitting to be served alcoholic beverages to a
   77         person under a specified age or permitting such person
   78         to consume such beverages on licensed premises;
   79         conforming provisions to changes made by the act;
   80         repealing s. 562.111(3), F.S., relating to withholding
   81         issuance of, or suspending or revoking, a driver
   82         license or driving privilege for possession of
   83         alcoholic beverages by persons under a specified age;
   84         amending s. 569.11, F.S.; revising penalties for
   85         persons under a specified age who knowingly possess,
   86         misrepresent their age or military service to
   87         purchase, or purchase or attempt to purchase tobacco
   88         products; authorizing, rather than requiring, the
   89         court to direct the Department of Highway Safety and
   90         Motor Vehicles to withhold issuance of or suspend a
   91         person’s driver license or driving privilege for
   92         certain violations; amending s. 790.22, F.S.; revising
   93         penalties relating to suspending, revoking, or
   94         withholding issuance of driver licenses or driving
   95         privileges for minors under a specified age who
   96         possess firearms under certain circumstances; deleting
   97         provisions relating to penalties for certain offenses
   98         involving the use or possession of a firearm by a
   99         minor under a specified age; amending s. 806.13, F.S.;
  100         deleting provisions relating to certain penalties for
  101         criminal mischief by a minor; repealing s. 812.0155,
  102         F.S., relating to suspension of a driver license
  103         following an adjudication of guilt for theft;
  104         repealing s. 832.09, F.S., relating to suspension of a
  105         driver license after warrant or capias is issued in
  106         worthless check cases; amending s. 877.112, F.S.;
  107         revising penalties for persons under a specified age
  108         who knowingly possess, misrepresent their age or
  109         military service to purchase, or purchase or attempt
  110         to purchase any nicotine product or nicotine
  111         dispensing device; authorizing, rather than requiring,
  112         the court to direct the department to withhold
  113         issuance of or suspend a person’s driver license or
  114         driving privilege for certain violations; amending s.
  115         938.30, F.S.; authorizing a judge to convert certain
  116         statutory financial obligations into court-ordered
  117         obligations to perform community service by reliance
  118         upon specified information under certain
  119         circumstances; amending s. 1003.27, F.S.; deleting
  120         provisions relating to procedures and penalties for
  121         nonenrollment and nonattendance cases; amending ss.
  122         318.14, 322.05, 322.27, and 1003.01, F.S.; conforming
  123         provisions to changes made by the act; providing
  124         applicability; providing an effective date.
  125          
  126  Be It Enacted by the Legislature of the State of Florida:
  127  
  128         Section 1. Paragraph (a) of subsection (1) of section
  129  27.52, Florida Statutes, is amended to read:
  130         27.52 Determination of indigent status.—
  131         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  132  of a public defender under s. 27.51 based upon an inability to
  133  pay must apply to the clerk of the court for a determination of
  134  indigent status using an application form developed by the
  135  Florida Clerks of Court Operations Corporation with final
  136  approval by the Supreme Court.
  137         (a) The application must include, at a minimum, the
  138  following financial information:
  139         1. Net income, consisting of total salary and wages, minus
  140  deductions required by law, including court-ordered support
  141  payments.
  142         2. Other income, including, but not limited to, social
  143  security benefits, union funds, veterans’ benefits, workers’
  144  compensation, other regular support from absent family members,
  145  public or private employee pensions, reemployment assistance or
  146  unemployment compensation, dividends, interest, rent, trusts,
  147  and gifts.
  148         3. Assets, including, but not limited to, cash, savings
  149  accounts, bank accounts, stocks, bonds, certificates of deposit,
  150  equity in real estate, and equity in a boat or a motor vehicle
  151  or in other tangible property.
  152         4. All liabilities and debts.
  153         5. If applicable, the amount of any bail paid for the
  154  applicant’s release from incarceration and the source of the
  155  funds.
  156         6. The election of or refusal of the option to fulfill any
  157  court-ordered financial obligation associated with the case by
  158  the completion of community service as ordered by the court.
  159  
  160  The application must include a signature by the applicant which
  161  attests to the truthfulness of the information provided. The
  162  application form developed by the corporation must include
  163  notice that the applicant may seek court review of a clerk’s
  164  determination that the applicant is not indigent, as provided in
  165  this section.
  166         Section 2. Subsections (4) and (6) of section 28.246,
  167  Florida Statutes, are amended to read:
  168         28.246 Payment of court-related fines or other monetary
  169  penalties, fees, charges, and costs; partial payments;
  170  distribution of funds.—
  171         (4) The clerk of the circuit court shall accept partial
  172  payments for court-related fees, service charges, costs, and
  173  fines in accordance with the terms of an established payment
  174  plan. An individual seeking to defer payment of fees, service
  175  charges, costs, or fines imposed by operation of law or order of
  176  the court under any provision of general law shall apply to the
  177  clerk for enrollment in a payment plan. The clerk shall enter
  178  into a payment plan with an individual who the court determines
  179  is indigent for costs. A monthly payment amount, calculated
  180  based upon all fees and all anticipated costs, may is presumed
  181  to correspond to the person’s ability to pay if the amount does
  182  not exceed 2 percent of the person’s annual net income, as
  183  defined in s. 27.52(1), divided by 12, without the consent of
  184  the applicant. The court may review the reasonableness of the
  185  payment plan.
  186         (6)(a) A clerk of court shall pursue the collection of any
  187  fees, service charges, fines, court costs, and liens for the
  188  payment of attorney fees and costs pursuant to s. 938.29 which
  189  remain unpaid after 90 days by referring the account to a
  190  private attorney who is a member in good standing of The Florida
  191  Bar or collection agent who is registered and in good standing
  192  pursuant to chapter 559. In pursuing the collection of such
  193  unpaid financial obligations through a private attorney or
  194  collection agent, the clerk of the court must have attempted to
  195  collect the unpaid amount through a collection court,
  196  collections docket, or other collections process, if any,
  197  established by the court, find this to be cost-effective and
  198  follow any applicable procurement practices.
  199         (b) In retaining a private attorney or collection agent as
  200  provided in this subsection, the clerk shall solicit competitive
  201  bids from private attorneys or collection agents. The contract
  202  awarded to the successful bidder may be in effect for no longer
  203  than 3 years, with a maximum of two 1-year extensions.
  204         (c) The clerk shall consider all pertinent criteria when
  205  considering bids, including, but not limited to, performance
  206  quality and customer service. The collection fee paid to the
  207  private attorney or collection agent, including any reasonable
  208  attorney’s fee, paid to any attorney or collection agent
  209  retained by the clerk may be added to the balance owed in an
  210  amount not to exceed 40 percent of the amount owed at the time
  211  the account is referred to the attorney or agent for collection.
  212         (d) The clerk may not assess any surcharge to refer the
  213  account to a private attorney or an agent for collection.
  214         (e) The private attorney or collection agent may not impose
  215  any additional fees or surcharges other than the contractually
  216  agreed-upon amounts.
  217         (f) The clerk shall give the private attorney or collection
  218  agent the application for the appointment of court-appointed
  219  counsel regardless of whether the court file is otherwise
  220  confidential from disclosure.
  221         Section 3. Present paragraphs (b), (c), and (d) of
  222  subsection (1) of section 316.650, Florida Statutes, are
  223  redesignated as paragraphs (c), (d), and (e), respectively, a
  224  new paragraph (b) is added to that subsection, and present
  225  paragraph (c) of that subsection is amended, to read:
  226         316.650 Traffic citations.—
  227         (1)
  228         (b) The traffic citation form must include language
  229  indicating that a person may enter into a payment plan with the
  230  clerk of court to pay a penalty. The form must also indicate
  231  that a person ordered to pay a penalty for a noncriminal traffic
  232  infraction and who is unable to comply due to demonstrable
  233  financial hardship will be allowed by the court to satisfy the
  234  payment by participating in community service pursuant to s.
  235  318.18(8)(b).
  236         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  237  traffic enforcement agency may produce uniform traffic citations
  238  by electronic means. Such citations must be consistent with the
  239  state traffic court rules and the procedures established by the
  240  department and must be appropriately numbered and inventoried.
  241  Affidavit-of-compliance forms may also be produced by electronic
  242  means.
  243         Section 4. Subsection (4) is added to section 318.15,
  244  Florida Statutes, to read:
  245         318.15 Failure to comply with civil penalty or to appear;
  246  penalty.—
  247         (4) Notwithstanding any other law, a person’s driver
  248  license may not be suspended solely for failure to pay a penalty
  249  if the person demonstrates to the court, after notice of the
  250  penalty and before the suspension takes place, that he or she is
  251  unable to pay the penalty. A person is considered unable to pay
  252  if he or she provides documentation to the appropriate clerk of
  253  court evidencing that:
  254         (a) The person receives reemployment assistance or
  255  unemployment compensation pursuant to chapter 443;
  256         (b) The person is disabled and incapable of self-support or
  257  receives benefits under the federal Supplemental Security Income
  258  program or Social Security Disability Insurance program;
  259         (c) The person receives temporary cash assistance pursuant
  260  to chapter 414;
  261         (d) The person is making payments in accordance with a
  262  confirmed bankruptcy plan under chapter 11, chapter 12, or
  263  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  264  101 et seq.;
  265         (e) The person has been placed on a payment plan or payment
  266  plans with the clerk of court which in total exceed what is
  267  determined to be a reasonable payment plan pursuant to s.
  268  28.246(4); or
  269         (f) The person has been determined to be indigent after
  270  filing an application with the clerk in accordance with s. 27.52
  271  or s. 57.082.
  272         Section 5. Paragraph (b) of subsection (8) of section
  273  318.18, Florida Statutes, is amended to read:
  274         318.18 Amount of penalties.—The penalties required for a
  275  noncriminal disposition pursuant to s. 318.14 or a criminal
  276  offense listed in s. 318.17 are as follows:
  277         (8)
  278         (b)1.a. If a person has been ordered to pay a civil penalty
  279  for a noncriminal traffic infraction and the person is unable to
  280  comply with the court’s order due to demonstrable financial
  281  hardship, the court shall allow the person to satisfy the civil
  282  penalty by participating in community service until the civil
  283  penalty is paid.
  284         b. The court shall inquire at the time the civil penalty is
  285  ordered whether the person is able to pay it.
  286         c. If a court orders a person to perform community service,
  287  the person shall receive credit for the civil penalty at the
  288  specified hourly credit rate per hour of community service
  289  performed, and each hour of community service performed shall
  290  reduce the civil penalty by that amount.
  291         2.a. As used in this paragraph, the term “specified hourly
  292  credit rate” means the wage rate that is specified in 29 U.S.C.
  293  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  294  that is then in effect, and that an employer subject to such
  295  provision must pay per hour to each employee subject to such
  296  provision.
  297         b. However, if a person ordered to perform community
  298  service has a trade or profession for which there is a community
  299  service need, the specified hourly credit rate for each hour of
  300  community service performed by that person shall be the average
  301  prevailing wage rate for the trade or profession that the
  302  community service agency needs.
  303         3.a. The community service agency supervising the person
  304  shall record the number of hours of community service completed
  305  and the date the community service hours were completed. The
  306  community service agency shall submit the data to the clerk of
  307  court on the letterhead of the community service agency, which
  308  must also bear the notarized signature of the person designated
  309  to represent the community service agency.
  310         b. When the number of community service hours completed by
  311  the person equals the amount of the civil penalty, the clerk of
  312  court shall certify this fact to the court. Thereafter, the
  313  clerk of court shall record in the case file that the civil
  314  penalty has been paid in full.
  315         4. As used in this paragraph, the term:
  316         a. “Community service” means uncompensated labor for a
  317  community service agency.
  318         b. “Community service agency” means a not-for-profit
  319  corporation, community organization, charitable organization,
  320  public officer, the state or any political subdivision of the
  321  state, or any other body the purpose of which is to improve the
  322  quality of life or social welfare of the community and which
  323  agrees to accept community service from persons unable to pay
  324  civil penalties for noncriminal traffic infractions.
  325         Section 6. Subsections (1) through (4) of section 322.055,
  326  Florida Statutes, are amended to read:
  327         322.055 Revocation or suspension of, or delay of
  328  eligibility for, driver license for persons 18 years of age or
  329  older convicted of certain drug offenses.—
  330         (1) Notwithstanding s. 322.28, upon the conviction of a
  331  person 18 years of age or older for possession or sale of,
  332  trafficking in, or conspiracy to possess, sell, or traffic in a
  333  controlled substance, the court shall direct the department to
  334  revoke the driver license or driving privilege of the person.
  335  The period of such revocation shall be 6 months 1 year or until
  336  the person is evaluated for and, if deemed necessary by the
  337  evaluating agency, completes a drug treatment and rehabilitation
  338  program approved or regulated by the Department of Children and
  339  Families. However, the court may, in its sound discretion,
  340  direct the department to issue a license for driving privilege
  341  restricted to business or employment purposes only, as defined
  342  by s. 322.271, if the person is otherwise qualified for such a
  343  license. A driver whose license or driving privilege has been
  344  suspended or revoked under this section or s. 322.056 may, upon
  345  the expiration of 6 months, petition the department for
  346  restoration of the driving privilege on a restricted or
  347  unrestricted basis depending on length of suspension or
  348  revocation. In no case shall A restricted license may not be
  349  available until 6 months of the suspension or revocation period
  350  has been completed expired.
  351         (2) If a person 18 years of age or older is convicted for
  352  the possession or sale of, trafficking in, or conspiracy to
  353  possess, sell, or traffic in a controlled substance and such
  354  person is eligible by reason of age for a driver license or
  355  privilege, the court shall direct the department to withhold
  356  issuance of such person’s driver license or driving privilege
  357  for a period of 6 months 1 year after the date the person was
  358  convicted or until the person is evaluated for and, if deemed
  359  necessary by the evaluating agency, completes a drug treatment
  360  and rehabilitation program approved or regulated by the
  361  Department of Children and Families. However, the court may, in
  362  its sound discretion, direct the department to issue a license
  363  for driving privilege restricted to business or employment
  364  purposes only, as defined by s. 322.271, if the person is
  365  otherwise qualified for such a license. A driver whose license
  366  or driving privilege has been suspended or revoked under this
  367  section or s. 322.056 may, upon the expiration of 6 months,
  368  petition the department for restoration of the driving privilege
  369  on a restricted or unrestricted basis depending on the length of
  370  suspension or revocation. In no case shall A restricted license
  371  may not be available until 6 months of the suspension or
  372  revocation period has been completed expired.
  373         (3) If a person 18 years of age or older is convicted for
  374  the possession or sale of, trafficking in, or conspiracy to
  375  possess, sell, or traffic in a controlled substance and such
  376  person’s driver license or driving privilege is already under
  377  suspension or revocation for any reason, the court shall direct
  378  the department to extend the period of such suspension or
  379  revocation by an additional period of 6 months 1 year or until
  380  the person is evaluated for and, if deemed necessary by the
  381  evaluating agency, completes a drug treatment and rehabilitation
  382  program approved or regulated by the Department of Children and
  383  Families. However, the court may, in its sound discretion,
  384  direct the department to issue a license for driving privilege
  385  restricted to business or employment purposes only, as defined
  386  by s. 322.271, if the person is otherwise qualified for such a
  387  license. A driver whose license or driving privilege has been
  388  suspended or revoked under this section or s. 322.056 may, upon
  389  the expiration of 6 months, petition the department for
  390  restoration of the driving privilege on a restricted or
  391  unrestricted basis depending on the length of suspension or
  392  revocation. In no case shall A restricted license may not be
  393  available until 6 months of the suspension or revocation period
  394  has been completed expired.
  395         (4) If a person 18 years of age or older is convicted for
  396  the possession or sale of, trafficking in, or conspiracy to
  397  possess, sell, or traffic in a controlled substance and such
  398  person is ineligible by reason of age for a driver license or
  399  driving privilege, the court shall direct the department to
  400  withhold issuance of such person’s driver license or driving
  401  privilege for a period of 6 months 1 year after the date that he
  402  or she would otherwise have become eligible or until he or she
  403  becomes eligible by reason of age for a driver license and is
  404  evaluated for and, if deemed necessary by the evaluating agency,
  405  completes a drug treatment and rehabilitation program approved
  406  or regulated by the Department of Children and Families.
  407  However, the court may, in its sound discretion, direct the
  408  department to issue a license for driving privilege restricted
  409  to business or employment purposes only, as defined by s.
  410  322.271, if the person is otherwise qualified for such a
  411  license. A driver whose license or driving privilege has been
  412  suspended or revoked under this section or s. 322.056 may, upon
  413  the expiration of 6 months, petition the department for
  414  restoration of the driving privilege on a restricted or
  415  unrestricted basis depending on the length of suspension or
  416  revocation. In no case shall A restricted license may not be
  417  available until 6 months of the suspension or revocation period
  418  has been completed expired.
  419         Section 7. Section 322.056, Florida Statutes, is amended to
  420  read:
  421         322.056 Mandatory revocation or suspension of, or delay of
  422  eligibility for, driver license for persons under age 18 found
  423  guilty of certain alcohol, drug, or tobacco offenses;
  424  prohibition.—
  425         (1) Notwithstanding the provisions of s. 322.055, if a
  426  person under 18 years of age is found guilty of or delinquent
  427  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  428  and:
  429         (a) The person is eligible by reason of age for a driver
  430  license or driving privilege, the court shall direct the
  431  department to revoke or to withhold issuance of his or her
  432  driver license or driving privilege for a period of 6 months.:
  433         1. Not less than 6 months and not more than 1 year for the
  434  first violation.
  435         2. Two years, for a subsequent violation.
  436         (b) The person’s driver license or driving privilege is
  437  under suspension or revocation for any reason, the court shall
  438  direct the department to extend the period of suspension or
  439  revocation by an additional 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         (c) The person is ineligible by reason of age for a driver
  444  license or driving privilege, the court shall direct the
  445  department to withhold issuance of his or her driver license or
  446  driving privilege for a period of:
  447         1. Not less than 6 months and not more than 1 year after
  448  the date on which he or she would otherwise have become
  449  eligible, for the first violation.
  450         2. Two years after the date on which he or she would
  451  otherwise have become eligible, for a subsequent violation.
  452  
  453  However, the court may, in its sound discretion, direct the
  454  department to issue a license for driving privileges restricted
  455  to business or employment purposes only, as defined in s.
  456  322.271, if the person is otherwise qualified for such a
  457  license.
  458         (2) If a person under 18 years of age is found by the court
  459  to have committed a noncriminal violation under s. 569.11 or s.
  460  877.112(6) or (7) and that person has failed to comply with the
  461  procedures established in that section by failing to fulfill
  462  community service requirements, failing to pay the applicable
  463  fine, or failing to attend a locally available school-approved
  464  anti-tobacco program, and:
  465         (a) The person is eligible by reason of age for a driver
  466  license or driving privilege, the court shall direct the
  467  department to revoke or to withhold issuance of his or her
  468  driver license or driving privilege as follows:
  469         1. For the first violation, for 30 days.
  470         2. For the second violation within 12 weeks of the first
  471  violation, for 45 days.
  472         (b) The person’s driver license or driving privilege is
  473  under suspension or revocation for any reason, the court shall
  474  direct the department to extend the period of suspension or
  475  revocation by an additional period 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         (c) The person is ineligible by reason of age for a driver
  480  license or driving privilege, the court shall direct the
  481  department to withhold issuance of his or her driver license or
  482  driving privilege 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  
  487  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  488  within the 12-week period after the first violation will be
  489  treated as a first violation and in the same manner as provided
  490  in this subsection.
  491         (3) If a person under 18 years of age is found by the court
  492  to have committed a third violation of s. 569.11 or s.
  493  877.112(6) or (7) within 12 weeks of the first violation, the
  494  court must direct the Department of Highway Safety and Motor
  495  Vehicles to suspend or withhold issuance of his or her driver
  496  license or driving privilege for 60 consecutive days. Any third
  497  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  498  12-week period after the first violation will be treated as a
  499  first violation and in the same manner as provided in subsection
  500  (2).
  501         (2)(4) A penalty imposed under this section shall be in
  502  addition to any other penalty imposed by law.
  503         (5) The suspension or revocation of a person’s driver
  504  license imposed pursuant to subsection (2) or subsection (3),
  505  shall not result in or be cause for an increase of the convicted
  506  person’s, or his or her parent’s or legal guardian’s, automobile
  507  insurance rate or premium or result in points assessed against
  508  the person’s driving record.
  509         Section 8. Section 322.057, Florida Statutes, is repealed.
  510         Section 9. Subsection (3) of section 322.09, Florida
  511  Statutes, is amended, and present subsections (4) and (5) of
  512  that section are redesignated as subsections (3) and (4),
  513  respectively, to read:
  514         322.09 Application of minors; responsibility for negligence
  515  or misconduct of minor.—
  516         (3) The department may not issue a driver license or
  517  learner’s driver license to any applicant under the age of 18
  518  years who is not in compliance with the requirements of s.
  519  322.091.
  520         Section 10. Section 322.091, Florida Statutes, is repealed.
  521         Section 11. Subsection (6) is added to section 322.245,
  522  Florida Statutes, to read:
  523         322.245 Suspension of license upon failure of person
  524  charged with specified offense under chapter 316, chapter 320,
  525  or this chapter to comply with directives ordered by traffic
  526  court or upon failure to pay child support in non-IV-D cases as
  527  provided in chapter 61 or failure to pay any financial
  528  obligation in any other criminal case.—
  529         (6) Notwithstanding any other law, a person’s driver
  530  license may not be suspended solely for failure to pay a penalty
  531  or court obligation if the person demonstrates to the court,
  532  after the court orders the penalty or obligation and before the
  533  suspension takes place, that he or she is unable to pay the
  534  penalty or court obligation. This subsection does not apply to
  535  failure to pay child support in non-IV-D cases as provided in
  536  chapter 61. A person is considered unable to pay if he or she
  537  provides documentation to the appropriate clerk of court
  538  evidencing that:
  539         (a) The person receives reemployment assistance or
  540  unemployment compensation pursuant to chapter 443;
  541         (b) The person is disabled and incapable of self-support or
  542  receives benefits under the federal Supplemental Security Income
  543  program or Social Security Disability Insurance program;
  544         (c) The person receives temporary cash assistance pursuant
  545  to chapter 414;
  546         (d) The person is making payments in accordance with a
  547  confirmed bankruptcy plan under chapter 11, chapter 12, or
  548  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  549  101 et seq.;
  550         (e) The person has been placed on a payment plan or payment
  551  plans with the clerk of court which in total exceed what is
  552  determined to be a reasonable payment plan pursuant to s.
  553  28.246(4); or
  554         (f) The person has been determined to be indigent after
  555  filing an application with the clerk in accordance with s. 27.52
  556  or s. 57.082.
  557         Section 12. Subsection (7) of section 322.251, Florida
  558  Statutes, is repealed.
  559         Section 13. Subsection (8) is added to section 322.271,
  560  Florida Statutes, to read:
  561         322.271 Authority to modify revocation, cancellation, or
  562  suspension order.—
  563         (8) A person whose driver license or privilege to drive has
  564  been suspended under s. 318.15 or s. 322.245, with the exception
  565  of any suspension related to s. 61.13016, may have his or her
  566  driver license or driving privilege reinstated on a restricted
  567  basis by the department in accordance with this section. The
  568  restricted license shall be valid until the 7-year suspension
  569  period ends as provided in s. 318.15 or until the debt is paid.
  570         Section 14. Subsection (10) of section 322.34, Florida
  571  Statutes, is amended to read:
  572         322.34 Driving while license suspended, revoked, canceled,
  573  or disqualified.—
  574         (10)(a) Notwithstanding any other provision of this
  575  section, if a person does not have a prior forcible felony
  576  conviction as defined in s. 776.08, the penalties provided in
  577  paragraph (b) apply if a person’s driver license or driving
  578  privilege is canceled, suspended, or revoked for:
  579         1. Failing to pay child support as provided in s. 322.245
  580  or s. 61.13016;
  581         2. Failing to pay any other financial obligation as
  582  provided in s. 322.245 other than those specified in s.
  583  322.245(1);
  584         3. Failing to comply with a civil penalty required in s.
  585  318.15;
  586         4. Failing to maintain vehicular financial responsibility
  587  as required by chapter 324; or
  588         5. Failing to comply with attendance or other requirements
  589  for minors as set forth in s. 322.091; or
  590         5.6. Having been designated a habitual traffic offender
  591  under s. 322.264(1)(d) as a result of suspensions of his or her
  592  driver license or driver privilege for any underlying violation
  593  listed in subparagraphs 1.-4. 1.-5.
  594         (b)1. Upon a first conviction for knowingly driving while
  595  his or her license is suspended, revoked, or canceled for any of
  596  the underlying violations listed in subparagraphs (a)1.-5.
  597  (a)1.-6., a person commits a misdemeanor of the second degree,
  598  punishable as provided in s. 775.082 or s. 775.083.
  599         2. Upon a second or subsequent conviction for the same
  600  offense of knowingly driving while his or her license is
  601  suspended, revoked, or canceled for any of the underlying
  602  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  603  commits a misdemeanor of the first degree, punishable as
  604  provided in s. 775.082 or s. 775.083.
  605         Section 15. Paragraph (a) of subsection (1) and paragraph
  606  (c) of subsection (2) of section 562.11, Florida Statutes, are
  607  amended to read:
  608         562.11 Selling, giving, or serving alcoholic beverages to
  609  person under age 21; providing a proper name; misrepresenting or
  610  misstating age or age of another to induce licensee to serve
  611  alcoholic beverages to person under 21; penalties.—
  612         (1)(a)1. A person may not sell, give, serve, or permit to
  613  be served alcoholic beverages to a person under 21 years of age
  614  or permit a person under 21 years of age to consume such
  615  beverages on the licensed premises. A person who violates this
  616  subparagraph commits a misdemeanor of the second degree,
  617  punishable as provided in s. 775.082 or s. 775.083. A person who
  618  violates this subparagraph a second or subsequent time within 1
  619  year after a prior conviction commits a misdemeanor of the first
  620  degree, punishable as provided in s. 775.082 or s. 775.083.
  621         2. In addition to any other penalty imposed for a violation
  622  of subparagraph 1., the court may order the Department of
  623  Highway Safety and Motor Vehicles to withhold the issuance of,
  624  or suspend or revoke, the driver license or driving privilege,
  625  as provided in s. 322.057, of any person who violates
  626  subparagraph 1. This subparagraph does not apply to a licensee,
  627  as defined in s. 561.01, who violates subparagraph 1. while
  628  acting within the scope of his or her license or an employee or
  629  agent of a licensee, as defined in s. 561.01, who violates
  630  subparagraph 1. while engaged within the scope of his or her
  631  employment or agency.
  632         3. A court that withholds the issuance of, or suspends or
  633  revokes, the driver license or driving privilege of a person
  634  pursuant to subparagraph 2. may direct the Department of Highway
  635  Safety and Motor Vehicles to issue the person a license for
  636  driving privilege restricted to business purposes only, as
  637  defined in s. 322.271, if he or she is otherwise qualified.
  638         (2) It is unlawful for any person to misrepresent or
  639  misstate his or her age or the age of any other person for the
  640  purpose of inducing any licensee or his or her agents or
  641  employees to sell, give, serve, or deliver any alcoholic
  642  beverages to a person under 21 years of age, or for any person
  643  under 21 years of age to purchase or attempt to purchase
  644  alcoholic beverages.
  645         (c) In addition to any other penalty imposed for a
  646  violation of this subsection, if a person uses a driver license
  647  or identification card issued by the Department of Highway
  648  Safety and Motor Vehicles in violation of this subsection, the
  649  court:
  650         1. may order the person to participate in public service or
  651  a community work project for a period not to exceed 40 hours;
  652  and
  653         2. Shall direct the Department of Highway Safety and Motor
  654  Vehicles to withhold issuance of, or suspend or revoke, the
  655  person’s driver license or driving privilege, as provided in s.
  656  322.056.
  657         Section 16. Subsection (3) of section 562.111, Florida
  658  Statutes, is repealed.
  659         Section 17. Subsections (1), (2), and (5) of section
  660  569.11, Florida Statutes, are amended to read:
  661         569.11 Possession, misrepresenting age or military service
  662  to purchase, and purchase of tobacco products by persons under
  663  18 years of age prohibited; penalties; jurisdiction; disposition
  664  of fines.—
  665         (1) It is unlawful for any person under 18 years of age to
  666  knowingly possess any tobacco product. Any person under 18 years
  667  of age who violates the provisions of this subsection commits a
  668  noncriminal violation as provided in s. 775.08(3), punishable
  669  by:
  670         (a) For a first violation, 16 hours of community service
  671  or, instead of community service, a $25 fine. In addition, the
  672  person must attend a school-approved anti-tobacco program, if
  673  locally available; or
  674         (b) For a second or subsequent violation within 12 weeks
  675  after of the first violation, a $25 fine.; or
  676         (c) For a third or subsequent violation within 12 weeks of
  677  the first violation, the court must direct the Department of
  678  Highway Safety and Motor Vehicles to withhold issuance of or
  679  suspend or revoke the person’s driver license or driving
  680  privilege, as provided in s. 322.056.
  681  
  682  Any second or subsequent violation not within the 12-week time
  683  period after the first violation is punishable as provided for a
  684  first violation.
  685         (2) It is unlawful for any person under 18 years of age to
  686  misrepresent his or her age or military service for the purpose
  687  of inducing a dealer or an agent or employee of the dealer to
  688  sell, give, barter, furnish, or deliver any tobacco product, or
  689  to purchase, or attempt to purchase, any tobacco product from a
  690  person or a vending machine. Any person under 18 years of age
  691  who violates a provision of this subsection commits a
  692  noncriminal violation as provided in s. 775.08(3), punishable
  693  by:
  694         (a) For a first violation, 16 hours of community service
  695  or, instead of community service, a $25 fine and, in addition,
  696  the person must attend a school-approved anti-tobacco program,
  697  if available; or
  698         (b) For a second or subsequent violation within 12 weeks
  699  after of the first violation, a $25 fine.; or
  700         (c) For a third or subsequent violation within 12 weeks of
  701  the first violation, the court must direct the Department of
  702  Highway Safety and Motor Vehicles to withhold issuance of or
  703  suspend or revoke the person’s driver license or driving
  704  privilege, as provided in s. 322.056.
  705  
  706  Any second or subsequent violation not within the 12-week time
  707  period after the first violation is punishable as provided for a
  708  first violation.
  709         (5)(a) If a person under 18 years of age is found by the
  710  court to have committed a noncriminal violation under this
  711  section and that person has failed to complete community
  712  service, pay the fine as required by paragraph (1)(a) or
  713  paragraph (2)(a), or attend a school-approved anti-tobacco
  714  program, if locally available, the court may must direct the
  715  Department of Highway Safety and Motor Vehicles to withhold
  716  issuance of or suspend the driver license or driving privilege
  717  of that person for a period of 30 consecutive days.
  718         (b) If a person under 18 years of age is found by the court
  719  to have committed a noncriminal violation under this section and
  720  that person has failed to pay the applicable fine as required by
  721  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  722  the 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 45 consecutive days.
  725         Section 18. Subsections (5) and (10) of section 790.22,
  726  Florida Statutes, are amended to read:
  727         790.22 Use of BB guns, air or gas-operated guns, or
  728  electric weapons or devices by minor under 16; limitation;
  729  possession of firearms by minor under 18 prohibited; penalties.—
  730         (5)(a) A minor who violates subsection (3) commits a
  731  misdemeanor of the first degree; for a first offense, may serve
  732  a period of detention of up to 3 days in a secure detention
  733  facility; and, in addition to any other penalty provided by law,
  734  shall be required to perform 100 hours of community service.;
  735  and:
  736         1. If the minor is eligible by reason of age for a driver
  737  license or driving privilege, the court shall direct the
  738  Department of Highway Safety and Motor Vehicles to revoke or to
  739  withhold issuance of the minor’s driver license or driving
  740  privilege for up to 1 year.
  741         2. If the minor’s driver license or driving privilege is
  742  under suspension or revocation for any reason, the court shall
  743  direct the Department of Highway Safety and Motor Vehicles to
  744  extend the period of suspension or revocation by an additional
  745  period of up to 1 year.
  746         3. If the minor is ineligible by reason of age for a driver
  747  license or driving privilege, the court shall direct the
  748  Department of Highway Safety and Motor Vehicles to withhold
  749  issuance of the minor’s driver license or driving privilege for
  750  up to 1 year after the date on which the minor would otherwise
  751  have become eligible.
  752         (b) For a second or subsequent offense, a minor who
  753  violates subsection (3) commits a felony of the third degree and
  754  shall serve a period of detention of up to 15 days in a secure
  755  detention facility and shall be required to perform not less
  756  than 100 or nor more than 250 hours of community service., and:
  757         1. If the minor is eligible by reason of age for a driver
  758  license or driving privilege, the court shall direct the
  759  Department of Highway Safety and Motor Vehicles to revoke or to
  760  withhold issuance of the minor’s driver license or driving
  761  privilege for up to 2 years.
  762         2. If the minor’s driver license or driving privilege is
  763  under suspension or revocation for any reason, the court shall
  764  direct the Department of Highway Safety and Motor Vehicles to
  765  extend the period of suspension or revocation by an additional
  766  period of up to 2 years.
  767         3. If the minor is ineligible by reason of age for a driver
  768  license or driving privilege, the court shall direct the
  769  Department of Highway Safety and Motor Vehicles to withhold
  770  issuance of the minor’s driver license or driving privilege for
  771  up to 2 years after the date on which the minor would otherwise
  772  have become eligible.
  773  
  774  For the purposes of this subsection, community service shall be
  775  performed, if possible, in a manner involving a hospital
  776  emergency room or other medical environment that deals on a
  777  regular basis with trauma patients and gunshot wounds.
  778         (10) If a minor is found to have committed an offense under
  779  subsection (9), the court shall impose the following penalties
  780  in addition to any penalty imposed under paragraph (9)(a) or
  781  paragraph (9)(b):
  782         (a) For a first offense:
  783         1. If the minor is eligible by reason of age for a driver
  784  license or driving privilege, the court shall direct the
  785  Department of Highway Safety and Motor Vehicles to revoke or to
  786  withhold issuance of the minor’s driver license or driving
  787  privilege for up to 1 year.
  788         2. If the minor’s driver license or driving privilege is
  789  under suspension or revocation for any reason, the court shall
  790  direct the Department of Highway Safety and Motor Vehicles to
  791  extend the period of suspension or revocation by an additional
  792  period for up to 1 year.
  793         3. If the minor is ineligible by reason of age for a driver
  794  license or driving privilege, the court shall direct the
  795  Department of Highway Safety and Motor Vehicles to withhold
  796  issuance of the minor’s driver license or driving privilege for
  797  up to 1 year after the date on which the minor would otherwise
  798  have become eligible.
  799         (b) For a second or subsequent offense:
  800         1. If the minor is eligible 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 revoke or to
  803  withhold issuance of the minor’s driver license or driving
  804  privilege for up to 2 years.
  805         2. If the minor’s driver license or driving privilege is
  806  under suspension or revocation for any reason, the court shall
  807  direct the Department of Highway Safety and Motor Vehicles to
  808  extend the period of suspension or revocation by an additional
  809  period for up to 2 years.
  810         3. If the minor is ineligible by reason of age for a driver
  811  license or driving privilege, the court shall direct the
  812  Department of Highway Safety and Motor Vehicles to withhold
  813  issuance of the minor’s driver license or driving privilege for
  814  up to 2 years after the date on which the minor would otherwise
  815  have become eligible.
  816         Section 19. Subsections (7) and (8) of section 806.13,
  817  Florida Statutes, are amended, and present subsection (9) of
  818  that section is redesignated as subsection (7), to read:
  819         806.13 Criminal mischief; penalties; penalty for minor.—
  820         (7) In addition to any other penalty provided by law, if a
  821  minor is found to have committed a delinquent act under this
  822  section for placing graffiti on any public property or private
  823  property, and:
  824         (a) The minor is eligible by reason of age for a driver
  825  license or driving privilege, the court shall direct the
  826  Department of Highway Safety and Motor Vehicles to revoke or
  827  withhold issuance of the minor’s driver license or driving
  828  privilege for not more than 1 year.
  829         (b) The minor’s driver license or driving privilege is
  830  under suspension or revocation for any reason, the court shall
  831  direct the Department of Highway Safety and Motor Vehicles to
  832  extend the period of suspension or revocation by an additional
  833  period of not more than 1 year.
  834         (c) The minor is ineligible by reason of age for a driver
  835  license or driving privilege, the court shall direct the
  836  Department of Highway Safety and Motor Vehicles to withhold
  837  issuance of the minor’s driver license or driving privilege for
  838  not more than 1 year after the date on which he or she would
  839  otherwise have become eligible.
  840         (8) A minor whose driver license or driving privilege is
  841  revoked, suspended, or withheld under subsection (7) may elect
  842  to reduce the period of revocation, suspension, or withholding
  843  by performing community service at the rate of 1 day for each
  844  hour of community service performed. In addition, if the court
  845  determines that due to a family hardship, the minor’s driver
  846  license or driving privilege is necessary for employment or
  847  medical purposes of the minor or a member of the minor’s family,
  848  the court shall order the minor to perform community service and
  849  reduce the period of revocation, suspension, or withholding at
  850  the rate of 1 day for each hour of community service performed.
  851  As used in this subsection, the term “community service” means
  852  cleaning graffiti from public property.
  853         Section 20. Section 812.0155, Florida Statutes, is
  854  repealed.
  855         Section 21. Section 832.09, Florida Statutes, is repealed.
  856         Section 22. Subsections (6) and (7) and paragraphs (c) and
  857  (d) of subsection (8) of section 877.112, Florida Statutes, are
  858  amended to read:
  859         877.112 Nicotine products and nicotine dispensing devices;
  860  prohibitions for minors; penalties; civil fines; signage
  861  requirements; preemption.—
  862         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  863  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  864  person under 18 years of age to knowingly possess any nicotine
  865  product or a nicotine dispensing device. Any person under 18
  866  years of age who violates this subsection commits a noncriminal
  867  violation as defined in s. 775.08(3), punishable by:
  868         (a) For a first violation, 16 hours of community service
  869  or, instead of community service, a $25 fine. In addition, the
  870  person must attend a school-approved anti-tobacco and nicotine
  871  program, if locally available; or
  872         (b) For a second or subsequent violation within 12 weeks
  873  after of the first violation, a $25 fine.; or
  874         (c) For a third or subsequent violation within 12 weeks of
  875  the first violation, the court must direct the Department of
  876  Highway Safety and Motor Vehicles to withhold issuance of or
  877  suspend or revoke the person’s driver license or driving
  878  privilege, as provided in s. 322.056.
  879  
  880  Any second or subsequent violation not within the 12-week time
  881  period after the first violation is punishable as provided for a
  882  first violation.
  883         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  884  any person under 18 years of age to misrepresent his or her age
  885  or military service for the purpose of inducing a retailer of
  886  nicotine products or nicotine dispensing devices or an agent or
  887  employee of such retailer to sell, give, barter, furnish, or
  888  deliver any nicotine product or nicotine dispensing device, or
  889  to purchase, or attempt to purchase, any nicotine product or
  890  nicotine dispensing device from a person or a vending machine.
  891  Any person under 18 years of age who violates this subsection
  892  commits a noncriminal violation as defined in s. 775.08(3),
  893  punishable by:
  894         (a) For a first violation, 16 hours of community service
  895  or, instead of community service, a $25 fine and, in addition,
  896  the person must attend a school-approved anti-tobacco and
  897  nicotine program, if available; or
  898         (b) For a second or subsequent violation within 12 weeks of
  899  the first violation, a $25 fine.; or
  900         (c) For a third or subsequent violation within 12 weeks of
  901  the first violation, the court must direct the Department of
  902  Highway Safety and Motor Vehicles to withhold issuance of or
  903  suspend or revoke the person’s driver license or driving
  904  privilege, as provided in s. 322.056.
  905  
  906  Any second or subsequent violation not within the 12-week time
  907  period after the first violation is punishable as provided for a
  908  first violation.
  909         (8) PENALTIES FOR MINORS.—
  910         (c) If a person under 18 years of age is found by the court
  911  to have committed a noncriminal violation under this section and
  912  that person has failed to complete community service, pay the
  913  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  914  attend a school-approved anti-tobacco and nicotine program, if
  915  locally available, the court may must direct the Department of
  916  Highway Safety and Motor Vehicles to withhold issuance of or
  917  suspend the driver license or driving privilege of that person
  918  for 30 consecutive days.
  919         (d) If a person under 18 years of age is found by the court
  920  to have committed a noncriminal violation under this section and
  921  that person has failed to pay the applicable fine as required by
  922  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  923  the Department of Highway Safety and Motor Vehicles to withhold
  924  issuance of or suspend the driver license or driving privilege
  925  of that person for 45 consecutive days.
  926         Section 23. Subsection (2) of section 938.30, Florida
  927  Statutes, is amended to read:
  928         938.30 Financial obligations in criminal cases;
  929  supplementary proceedings.—
  930         (2) The court may require a person liable for payment of an
  931  obligation to appear and be examined under oath concerning the
  932  person’s financial ability to pay the obligation. The judge may
  933  convert the statutory financial obligation into a court-ordered
  934  obligation to perform community service, subject to the
  935  provisions of s. 318.18(8), after examining a person under oath
  936  and determining the person’s inability to pay, or by reliance
  937  upon information provided under s. 27.52(1)(a)6. Any person who
  938  fails to attend a hearing may be arrested on warrant or capias
  939  issued by the clerk upon order of the court.
  940         Section 24. Subsection (2) of section 1003.27, Florida
  941  Statutes, is amended to read:
  942         1003.27 Court procedure and penalties.—The court procedure
  943  and penalties for the enforcement of the provisions of this
  944  part, relating to compulsory school attendance, shall be as
  945  follows:
  946         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
  947         (a) In each case of nonenrollment or of nonattendance upon
  948  the part of a student who is required to attend some school,
  949  when no valid reason for such nonenrollment or nonattendance is
  950  found, the district school superintendent shall institute a
  951  criminal prosecution against the student’s parent.
  952         (b) Each public school principal or the principal’s
  953  designee shall notify the district school board of each minor
  954  student under its jurisdiction who accumulates 15 unexcused
  955  absences in a period of 90 calendar days. Each designee of the
  956  governing body of each private school, and each parent whose
  957  child is enrolled in a home education program, may provide the
  958  Department of Highway Safety and Motor Vehicles with the legal
  959  name, sex, date of birth, and social security number of each
  960  minor student under his or her jurisdiction who fails to satisfy
  961  relevant attendance requirements and who fails to otherwise
  962  satisfy the requirements of s. 322.091. The district school
  963  superintendent must provide the Department of Highway Safety and
  964  Motor Vehicles the legal name, sex, date of birth, and social
  965  security number of each minor student who has been reported
  966  under this paragraph and who fails to otherwise satisfy the
  967  requirements of s. 322.091. The Department of Highway Safety and
  968  Motor Vehicles may not issue a driver license or learner’s
  969  driver license to, and shall suspend any previously issued
  970  driver license or learner’s driver license of, any such minor
  971  student, pursuant to the provisions of s. 322.091.
  972         Section 25. Paragraph (a) of subsection (10) of section
  973  318.14, Florida Statutes, is amended to read:
  974         318.14 Noncriminal traffic infractions; exception;
  975  procedures.—
  976         (10)(a) Any person who does not hold a commercial driver
  977  license or commercial learner’s permit and who is cited while
  978  driving a noncommercial motor vehicle for an offense listed
  979  under this subsection may, in lieu of payment of fine or court
  980  appearance, elect to enter a plea of nolo contendere and provide
  981  proof of compliance to the clerk of the court, designated
  982  official, or authorized operator of a traffic violations bureau.
  983  In such case, adjudication shall be withheld; however, a person
  984  may not make an election under this subsection if the person has
  985  made an election under this subsection in the preceding 12
  986  months. A person may not make more than three elections under
  987  this subsection. This subsection applies to the following
  988  offenses:
  989         1. Operating a motor vehicle without a valid driver license
  990  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  991  operating a motor vehicle with a license that has been suspended
  992  for failure to appear, failure to pay civil penalty, or failure
  993  to attend a driver improvement course pursuant to s. 322.291.
  994         2. Operating a motor vehicle without a valid registration
  995  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  996         3. Operating a motor vehicle in violation of s. 316.646.
  997         4. Operating a motor vehicle with a license that has been
  998  suspended under s. 61.13016 or s. 322.245 for failure to pay
  999  child support or for failure to pay any other financial
 1000  obligation as provided in s. 322.245; however, this subparagraph
 1001  does not apply if the license has been suspended pursuant to s.
 1002  322.245(1).
 1003         5. Operating a motor vehicle with a license that has been
 1004  suspended under s. 322.091 for failure to meet school attendance
 1005  requirements.
 1006         Section 26. Subsections (1) and (2) of section 322.05,
 1007  Florida Statutes, are amended to read:
 1008         322.05 Persons not to be licensed.—The department may not
 1009  issue a license:
 1010         (1) To a person who is under the age of 16 years, except
 1011  that the department may issue a learner’s driver license to a
 1012  person who is at least 15 years of age and who meets the
 1013  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
 1014  other applicable law or rule.
 1015         (2) To a person who is at least 16 years of age but is
 1016  under 18 years of age unless the person meets the requirements
 1017  of s. 322.091 and holds a valid:
 1018         (a) Learner’s driver license for at least 12 months, with
 1019  no moving traffic convictions, before applying for a license;
 1020         (b) Learner’s driver license for at least 12 months and who
 1021  has a moving traffic conviction but elects to attend a traffic
 1022  driving school for which adjudication must be withheld pursuant
 1023  to s. 318.14; or
 1024         (c) License that was issued in another state or in a
 1025  foreign jurisdiction and that would not be subject to suspension
 1026  or revocation under the laws of this state.
 1027         Section 27. Paragraph (b) of subsection (5) of section
 1028  322.27, Florida Statutes, is amended to read:
 1029         322.27 Authority of department to suspend or revoke driver
 1030  license or identification card.—
 1031         (5)
 1032         (b) If a person whose driver license has been revoked under
 1033  paragraph (a) as a result of a third violation of driving a
 1034  motor vehicle while his or her license is suspended or revoked
 1035  provides proof of compliance for an offense listed in s.
 1036  318.14(10)(a)1.-4. 318.14(10)(a)1.-5., the clerk of court shall
 1037  submit an amended disposition to remove the habitual traffic
 1038  offender designation.
 1039         Section 28. Subsection (9) of section 1003.01, Florida
 1040  Statutes, is amended to read:
 1041         1003.01 Definitions.—As used in this chapter, the term:
 1042         (9) “Dropout” means a student who meets any one or more of
 1043  the following criteria:
 1044         (a) The student has voluntarily removed himself or herself
 1045  from the school system before graduation for reasons that
 1046  include, but are not limited to, marriage, or the student has
 1047  withdrawn from school because he or she has failed the statewide
 1048  student assessment test and thereby does not receive any of the
 1049  certificates of completion;
 1050         (b) The student has not met the relevant attendance
 1051  requirements of the school district pursuant to State Board of
 1052  Education rules, or the student was expected to attend a school
 1053  but did not enter as expected for unknown reasons, or the
 1054  student’s whereabouts are unknown;
 1055         (c) The student has withdrawn from school, but has not
 1056  transferred to another public or private school or enrolled in
 1057  any career, adult, home education, or alternative educational
 1058  program;
 1059         (d) The student has withdrawn from school due to hardship,
 1060  unless such withdrawal has been granted because of under the
 1061  provisions of s. 322.091, court action, expulsion, medical
 1062  reasons, or pregnancy; or
 1063         (e) The student is not eligible to attend school because of
 1064  reaching the maximum age for an exceptional student program in
 1065  accordance with the district’s policy.
 1066  
 1067  The State Board of Education may adopt rules to implement the
 1068  provisions of this subsection.
 1069         Section 29. The amendment made by this act to s. 316.650,
 1070  Florida Statutes, shall apply upon the creation of a new
 1071  inventory of uniform traffic citation forms.
 1072         Section 30. This act shall take effect October 1, 2017.