Florida Senate - 2018                                    SB 1270
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00140C-18                                          20181270__
    1                        A bill to be entitled                      
    2         An act relating to penalties and fees; amending s.
    3         27.52, F.S.; requiring a certain application to
    4         provide the applicant with the option to fulfill any
    5         court-ordered financial obligation associated with a
    6         case by enrolling in a payment plan or by completing
    7         community service if ordered by the court; requiring a
    8         clerk of the court to compare the information provided
    9         in the application to any readily ascertainable or
   10         publicly available information under certain
   11         circumstances; authorizing the clerk to refer any
   12         application believed to be fraudulent to the court for
   13         review; amending s. 28.246, F.S.; revising
   14         requirements relating to the payment of court-related
   15         fines or other monetary penalties, fees, charges, and
   16         costs; requiring a clerk of the circuit court to
   17         solicit competitive bids from private attorneys or
   18         collection agents for collection services, subject to
   19         certain requirements; prohibiting the clerk from
   20         assessing a certain surcharge; prohibiting the private
   21         attorney or collection agent from imposing certain
   22         additional fees or surcharges; amending s. 57.082,
   23         F.S.; authorizing the clerk to refer any application
   24         believed to be fraudulent to the court for review;
   25         amending s. 316.650, F.S.; requiring traffic citation
   26         forms to include certain language relating to payment
   27         of a penalty; amending s. 318.15, F.S.; prohibiting
   28         the suspension of a person’s driver license solely for
   29         failure to pay certain financial obligations if the
   30         person requests a hearing and demonstrates specified
   31         circumstances to the court, after notice of a penalty
   32         and before the suspension takes place; requiring a
   33         person who meets specified criteria to provide the
   34         clerk with updated documentation at specified
   35         intervals; requiring the person to begin paying
   36         certain outstanding financial obligations under
   37         certain circumstances; requiring the clerk to notify
   38         the Department of Highway Safety and Motor Vehicles of
   39         the person’s failure to pay within a specified time
   40         under certain circumstances; requiring the department
   41         to immediately issue an order suspending the driver
   42         license and privilege to drive of the person upon
   43         receipt of such notice, effective after a specified
   44         time; amending s. 318.18, F.S.; requiring a court to
   45         inquire at the time a certain civil penalty is ordered
   46         whether the person is able to pay it; amending s.
   47         322.055, F.S.; decreasing the period for revocation or
   48         suspension of, or delay of eligibility for, driver
   49         licenses or driving privileges for certain persons
   50         convicted of certain drug offenses; deleting
   51         provisions authorizing a driver to petition the
   52         department for restoration of his or her driving
   53         privilege; amending s. 322.056, F.S.; decreasing the
   54         period for revocation or suspension of, or delay of
   55         eligibility for, driver licenses or driving privileges
   56         for certain persons found guilty of certain drug
   57         offenses; deleting a provision authorizing a court to
   58         direct the department to issue a license for certain
   59         restricted driving privileges under certain
   60         circumstances; deleting requirements relating to the
   61         revocation or suspension of, or delay of eligibility
   62         for, driver licenses or driving privileges for certain
   63         persons found guilty of certain alcohol or tobacco
   64         offenses; repealing s. 322.057, F.S., relating to
   65         discretionary revocation or suspension of a driver
   66         license for certain persons who provide alcohol to
   67         persons under a specified age; amending s. 322.09,
   68         F.S.; deleting a provision prohibiting the issuance of
   69         a driver license or learner’s driver license under
   70         certain circumstances; repealing s. 322.091, F.S.,
   71         relating to attendance requirements for driving
   72         privileges; amending s. 322.245, F.S.; prohibiting the
   73         suspension of a person’s driver license solely for
   74         failure to pay certain financial obligations if the
   75         person requests a hearing and demonstrates specified
   76         circumstances to the court, after notice of a penalty
   77         and before the suspension takes place; providing an
   78         exception; requiring a person who meets specified
   79         criteria to provide the clerk with updated
   80         documentation every specified number of days;
   81         requiring the person to begin paying certain
   82         outstanding financial obligations under certain
   83         circumstances; requiring the clerk to notify the
   84         department of the person’s failure to pay within a
   85         specified time under certain circumstances; requiring
   86         the department to immediately issue an order
   87         suspending the driver license and privilege to drive
   88         of the person upon receipt of such notice, effective
   89         after a specified time; repealing s. 322.251(7), F.S.,
   90         relating to notice of suspension or revocation of
   91         driving privileges, reasons for reinstatement of such
   92         driving privileges, and certain electronic access to
   93         identify a person who is the subject of an outstanding
   94         warrant or capias for passing worthless bank checks;
   95         amending s. 322.271, F.S.; providing that a person
   96         whose driver license or privilege to drive has been
   97         suspended may have his or her driver license or
   98         driving privilege reinstated on a restricted basis
   99         under certain circumstances; providing the period of
  100         validity of such restricted license; amending s.
  101         322.34, F.S.; revising the underlying violations
  102         resulting in driver license or driving privilege
  103         cancellation, suspension, or revocation for which
  104         specified penalties apply; amending s. 562.11, F.S.;
  105         revising penalties for selling, giving, serving, or
  106         permitting to be served alcoholic beverages to a
  107         person under a specified age or permitting such person
  108         to consume such beverages on licensed premises;
  109         revising penalties for misrepresenting or misstating
  110         age or age of another to induce a licensee to serve
  111         alcoholic beverages to a person under a specified age;
  112         conforming provisions to changes made by the act;
  113         repealing s. 562.111(3), F.S., relating to withholding
  114         issuance of, or suspending or revoking, a driver
  115         license or driving privilege for possession of
  116         alcoholic beverages by persons under a specified age;
  117         amending s. 569.11, F.S.; revising penalties for
  118         persons under a specified age who knowingly possess,
  119         misrepresent their age or military service to
  120         purchase, or purchase or attempt to purchase tobacco
  121         products; authorizing, rather than requiring, the
  122         court to direct the department to withhold issuance of
  123         or suspend a person’s driver license or driving
  124         privilege for certain violations; amending s. 790.22,
  125         F.S.; revising penalties relating to suspending,
  126         revoking, or withholding issuance of driver licenses
  127         or driving privileges for minors under a specified age
  128         who possess firearms under certain circumstances;
  129         deleting provisions relating to penalties for certain
  130         offenses involving the use or possession of a firearm
  131         by a minor under a specified age; amending s. 806.13,
  132         F.S.; deleting provisions relating to certain
  133         penalties for criminal mischief by a minor; repealing
  134         s. 812.0155, F.S., relating to suspension of a driver
  135         license following an adjudication of guilt for theft;
  136         repealing s. 832.09, F.S., relating to suspension of a
  137         driver license after warrant or capias is issued in
  138         worthless check cases; amending s. 847.0141, F.S.;
  139         deleting a provision authorizing a court, upon a
  140         certain finding of contempt, to issue an order to the
  141         department to withhold issuance of or suspend the
  142         driver license or driving privilege of a minor for a
  143         specified time; amending s. 877.112, F.S.; revising
  144         penalties for persons under a specified age who
  145         knowingly possess, misrepresent their age or military
  146         service to purchase, or purchase or attempt to
  147         purchase any nicotine product or nicotine dispensing
  148         device; authorizing, rather than requiring, the court
  149         to direct the department to withhold issuance of or
  150         suspend a person’s driver license or driving privilege
  151         for certain violations; amending s. 938.30, F.S.;
  152         authorizing a judge to convert certain statutory
  153         financial obligations into court-ordered obligations
  154         to perform community service by reliance upon
  155         specified information under certain circumstances;
  156         amending s. 1003.27, F.S.; deleting provisions
  157         relating to procedures and penalties for nonenrollment
  158         and nonattendance cases; amending ss. 318.14, 322.05,
  159         322.27, and 1003.01, F.S.; conforming provisions to
  160         changes made by the act; providing applicability of
  161         certain changes made by the act; requiring the
  162         department to notify the Division of Law Revision and
  163         Information upon the adoption of certain uniform
  164         traffic citation forms; providing effective dates.
  165          
  166  Be It Enacted by the Legislature of the State of Florida:
  167  
  168         Section 1. Paragraph (a) of subsection (1), paragraph (d)
  169  of subsection (2), paragraph (a) of subsection (4), and
  170  paragraph (a) of subsection (7) of section 27.52, Florida
  171  Statutes, are amended to read:
  172         27.52 Determination of indigent status.—
  173         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  174  of a public defender under s. 27.51 based upon an inability to
  175  pay must apply to the clerk of the court for a determination of
  176  indigent status using an application form developed by the
  177  Florida Clerks of Court Operations Corporation with final
  178  approval by the Supreme Court.
  179         (a) The application must include, at a minimum, the
  180  following financial information:
  181         1. Net income, consisting of total salary and wages, minus
  182  deductions required by law, including court-ordered support
  183  payments.
  184         2. Other income, including, but not limited to, social
  185  security benefits, union funds, veterans’ benefits, workers’
  186  compensation, other regular support from absent family members,
  187  public or private employee pensions, reemployment assistance or
  188  unemployment compensation, dividends, interest, rent, trusts,
  189  and gifts.
  190         3. Assets, including, but not limited to, cash, savings
  191  accounts, bank accounts, stocks, bonds, certificates of deposit,
  192  equity in real estate, and equity in a boat or a motor vehicle
  193  or in other tangible property.
  194         4. All liabilities and debts.
  195         5. If applicable, the amount of any bail paid for the
  196  applicant’s release from incarceration and the source of the
  197  funds.
  198  
  199  The application must provide the applicant with the option to
  200  fulfill any court-ordered financial obligation associated with a
  201  case by enrolling in a payment plan or by completing community
  202  service if ordered by the court. The application must include a
  203  signature by the applicant which attests to the truthfulness of
  204  the information provided. The application form developed by the
  205  corporation must include notice that the applicant may seek
  206  court review of a clerk’s determination that the applicant is
  207  not indigent, as provided in this section.
  208         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  209  shall determine whether an applicant seeking appointment of a
  210  public defender is indigent based upon the information provided
  211  in the application and the criteria prescribed in this
  212  subsection.
  213         (d) The duty of the clerk in determining whether an
  214  applicant is indigent shall be limited to receiving the
  215  application and comparing the information provided in the
  216  application to the criteria prescribed in this subsection and to
  217  any readily ascertainable or publicly available information. The
  218  determination of indigent status is a ministerial act of the
  219  clerk and not a decision based on further investigation or the
  220  exercise of independent judgment by the clerk. The clerk may
  221  contract with third parties to perform functions assigned to the
  222  clerk under this section.
  223         (4) REVIEW OF CLERK’S DETERMINATION.—
  224         (a) If the clerk of the court determines that the applicant
  225  is not indigent, and the applicant seeks review of the clerk’s
  226  determination, the court shall make a final determination of
  227  indigent status by reviewing the information provided in the
  228  application against the criteria prescribed in subsection (2),
  229  along with any readily ascertainable or publicly available
  230  information provided by the clerk, and by considering the
  231  following additional factors:
  232         1. Whether the applicant has been released on bail in an
  233  amount of $5,000 or more.
  234         2. Whether a bond has been posted, the type of bond, and
  235  who paid the bond.
  236         3. Whether paying for private counsel in an amount that
  237  exceeds the limitations in s. 27.5304, or other due process
  238  services creates a substantial hardship for the applicant or the
  239  applicant’s family.
  240         4. Any other relevant financial circumstances of the
  241  applicant or the applicant’s family.
  242         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  243         (a) The clerk may refer any application believed to be
  244  fraudulent to the court for review. If the court learns of
  245  discrepancies between the application or motion and the actual
  246  financial status of the person found to be indigent or indigent
  247  for costs, the court shall determine whether the public
  248  defender, office of criminal conflict and civil regional
  249  counsel, or private attorney shall continue representation or
  250  whether the authorization for any other due process services
  251  previously authorized shall be revoked. The person may be heard
  252  regarding the information learned by the court. If the court,
  253  based on the information, determines that the person is not
  254  indigent or indigent for costs, the court shall order the public
  255  defender, office of criminal conflict and civil regional
  256  counsel, or private attorney to discontinue representation and
  257  revoke the provision of any other authorized due process
  258  services.
  259         Section 2. Subsections (4) and (6) of section 28.246,
  260  Florida Statutes, are amended to read:
  261         28.246 Payment of court-related fines or other monetary
  262  penalties, fees, charges, and costs; partial payments;
  263  distribution of funds.—
  264         (4) The clerk of the circuit court shall accept partial
  265  payments for court-related fees, service charges, costs, and
  266  fines in accordance with the terms of an established payment
  267  plan. An individual seeking to defer payment of fees, service
  268  charges, costs, or fines imposed by operation of law or order of
  269  the court under any provision of general law, including an
  270  individual found indigent by the clerk or the court, shall apply
  271  to the clerk for enrollment in a payment plan. The clerk shall
  272  accept a qualified individual’s application for a payment plan
  273  and accept The clerk shall enter into a payment plan with an
  274  individual who the court determines is indigent for costs. a
  275  monthly payment amount, calculated based upon all fees and all
  276  anticipated costs. The monthly payment amount may, is presumed
  277  to correspond to the person’s ability to pay if the amount does
  278  not exceed 2 percent of the person’s annual net income, as
  279  defined in s. 27.52(1), divided by 12, or $25 per month,
  280  whichever is greater. The court may review the reasonableness of
  281  the payment plan upon motion of the party and may modify the
  282  plan.
  283         (6)(a) A clerk of court shall pursue the collection of any
  284  fees, service charges, fines, court costs, and liens for the
  285  payment of attorney fees and costs pursuant to s. 938.29 which
  286  remain unpaid after 90 days by referring the account to a
  287  private attorney who is a member in good standing of The Florida
  288  Bar or collection agent who is registered and in good standing
  289  pursuant to chapter 559. In pursuing the collection of such
  290  unpaid financial obligations through a private attorney or
  291  collection agent, the clerk of the court must have attempted to
  292  collect the unpaid amount through a collection court,
  293  collections docket, or other collections process, if any,
  294  established by the court, find this to be cost-effective and
  295  follow any applicable procurement practices.
  296         (b) In retaining a private attorney or collection agent as
  297  provided in this subsection, the clerk shall solicit competitive
  298  bids from private attorneys or collection agents. The contract
  299  awarded to the successful bidder may be in effect for no longer
  300  than 3 years, with a maximum of two 1-year extensions.
  301         (c) The clerk shall consider all pertinent criteria when
  302  considering bids, including, but not limited to, performance
  303  quality and customer service. The collection fee paid to the
  304  private, including any reasonable attorney’s fee, paid to any
  305  attorney or collection agent retained by the clerk may be added
  306  to the balance owed in an amount not to exceed 40 percent of the
  307  amount owed at the time the account is referred to the attorney
  308  or agent for collection.
  309         (d) The clerk may not assess any surcharge to refer the
  310  account to a private attorney or an agent for collection.
  311         (e) The private attorney or collection agent may not impose
  312  any additional fees or surcharges other than the contractually
  313  agreed-upon amounts.
  314         (f) The clerk shall give the private attorney or collection
  315  agent the application for the appointment of court-appointed
  316  counsel regardless of whether the court file is otherwise
  317  confidential from disclosure.
  318         Section 3. Paragraph (a) of subsection (7) of section
  319  57.082, Florida Statutes, is amended to read:
  320         57.082 Determination of civil indigent status.—
  321         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  322         (a) The clerk may refer any application believed to be
  323  fraudulent to the court for review. If the court learns of
  324  discrepancies between the application and the actual financial
  325  status of the person found to be indigent, the court shall
  326  determine whether the status and any relief provided as a result
  327  of that status shall be revoked. The person may be heard
  328  regarding the information learned by the court. If the court,
  329  based on the information, determines that the person is not
  330  indigent, the court shall revoke the provision of any relief
  331  under this section.
  332         Section 4. Present paragraphs (b), (c), and (d) of
  333  subsection (1) of section 316.650, Florida Statutes, are
  334  redesignated as paragraphs (c), (d), and (e), respectively, a
  335  new paragraph (b) is added to that subsection, and present
  336  paragraph (c) of that subsection is amended, to read:
  337         316.650 Traffic citations.—
  338         (1)
  339         (b) The traffic citation form must include language
  340  indicating that a person may enter into a payment plan with the
  341  clerk of court to pay a penalty. The form must also indicate
  342  that a person ordered to pay a penalty for a noncriminal traffic
  343  infraction who is unable to comply due to demonstrable financial
  344  hardship will be allowed by the court to satisfy the payment by
  345  participating in community service pursuant to s. 318.18(8)(b).
  346         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  347  traffic enforcement agency may produce uniform traffic citations
  348  by electronic means. Such citations must be consistent with the
  349  state traffic court rules and the procedures established by the
  350  department and must be appropriately numbered and inventoried.
  351  Affidavit-of-compliance forms may also be produced by electronic
  352  means.
  353         Section 5. Subsections (4) and (5) are added to section
  354  318.15, Florida Statutes, to read:
  355         318.15 Failure to comply with civil penalty or to appear;
  356  penalty.—
  357         (4) Notwithstanding any other law, a person’s driver
  358  license may not be suspended solely for a failure to pay fees,
  359  service charges, fines, or penalties if the person demonstrates
  360  to the court, after notice of the penalty and before the
  361  suspension takes place, that the person is unable to pay and
  362  that the person:
  363         (a)Receives reemployment assistance or unemployment
  364  compensation pursuant to chapter 443;
  365         (b)Receives benefits under the federal Supplemental
  366  Security Income program or Social Security Disability Insurance
  367  program;
  368         (c)Receives temporary cash assistance pursuant to chapter
  369  414;
  370         (d)Is making payments in accordance with a confirmed
  371  bankruptcy plan under chapter 11, chapter 12, or chapter 13 of
  372  the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.;
  373         (e)Is on a payment plan or payment plans with the clerk of
  374  court pursuant to s. 28.246(4);
  375         (f)Has been determined to be indigent after filing an
  376  application with the clerk in accordance with s. 27.52 or s.
  377  57.082; or
  378         (g)Is incarcerated.
  379         (5)A person who meets the criteria under subsection (4)
  380  must provide the clerk with updated documentation every 90 days.
  381  If the person fails to provide the necessary documentation to
  382  the clerk or no longer meets the criteria under subsection (4),
  383  he or she must begin paying the outstanding fees, service
  384  charges, fines, or penalties. If payment does not begin within
  385  30 days, the clerk must notify the department of such failure
  386  within 10 days after the failure occurs. Upon receipt of such
  387  notice, the department must immediately issue an order
  388  suspending the driver license and privilege to drive of such
  389  person effective 20 days after the date the order of suspension
  390  is mailed in accordance with s. 322.251(1), (2), and (6).
  391         Section 6. Paragraph (b) of subsection (8) of section
  392  318.18, Florida Statutes, is amended to read:
  393         318.18 Amount of penalties.—The penalties required for a
  394  noncriminal disposition pursuant to s. 318.14 or a criminal
  395  offense listed in s. 318.17 are as follows:
  396         (8)
  397         (b)1.a. If a person has been ordered to pay a civil penalty
  398  for a noncriminal traffic infraction and the person is unable to
  399  comply with the court’s order due to demonstrable financial
  400  hardship, the court shall allow the person to satisfy the civil
  401  penalty by participating in community service until the civil
  402  penalty is paid.
  403         b. The court shall inquire at the time the civil penalty is
  404  ordered whether the person is able to pay it.
  405         c. If a court orders a person to perform community service,
  406  the person shall receive credit for the civil penalty at the
  407  specified hourly credit rate per hour of community service
  408  performed, and each hour of community service performed shall
  409  reduce the civil penalty by that amount.
  410         2.a. As used in this paragraph, the term “specified hourly
  411  credit rate” means the wage rate that is specified in 29 U.S.C.
  412  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  413  that is then in effect, and that an employer subject to such
  414  provision must pay per hour to each employee subject to such
  415  provision.
  416         b. However, if a person ordered to perform community
  417  service has a trade or profession for which there is a community
  418  service need, the specified hourly credit rate for each hour of
  419  community service performed by that person shall be the average
  420  prevailing wage rate for the trade or profession that the
  421  community service agency needs.
  422         3.a. The community service agency supervising the person
  423  shall record the number of hours of community service completed
  424  and the date the community service hours were completed. The
  425  community service agency shall submit the data to the clerk of
  426  court on the letterhead of the community service agency, which
  427  must also bear the notarized signature of the person designated
  428  to represent the community service agency.
  429         b. When the number of community service hours completed by
  430  the person equals the amount of the civil penalty, the clerk of
  431  court shall certify this fact to the court. Thereafter, the
  432  clerk of court shall record in the case file that the civil
  433  penalty has been paid in full.
  434         4. As used in this paragraph, the term:
  435         a. “Community service” means uncompensated labor for a
  436  community service agency.
  437         b. “Community service agency” means a not-for-profit
  438  corporation, community organization, charitable organization,
  439  public officer, the state or any political subdivision of the
  440  state, or any other body the purpose of which is to improve the
  441  quality of life or social welfare of the community and which
  442  agrees to accept community service from persons unable to pay
  443  civil penalties for noncriminal traffic infractions.
  444         Section 7. Subsections (1) through (4) of section 322.055,
  445  Florida Statutes, are amended to read:
  446         322.055 Revocation or suspension of, or delay of
  447  eligibility for, driver license for persons 18 years of age or
  448  older convicted of certain drug offenses.—
  449         (1) Notwithstanding s. 322.28, upon the conviction of a
  450  person 18 years of age or older for possession or sale of,
  451  trafficking in, or conspiracy to possess, sell, or traffic in a
  452  controlled substance, the court shall direct the department to
  453  revoke the driver license or driving privilege of the person.
  454  The period of such revocation shall be 6 months 1 year or until
  455  the person is evaluated for and, if deemed necessary by the
  456  evaluating agency, completes a drug treatment and rehabilitation
  457  program approved or regulated by the Department of Children and
  458  Families. However, the court may, in its sound discretion,
  459  direct the department to issue a license for driving privilege
  460  restricted to business or employment purposes only, as defined
  461  by s. 322.271, if the person is otherwise qualified for such a
  462  license. A driver whose license or driving privilege has been
  463  suspended or revoked under this section or s. 322.056 may, upon
  464  the expiration of 6 months, petition the department for
  465  restoration of the driving privilege on a restricted or
  466  unrestricted basis depending on length of suspension or
  467  revocation. In no case shall A restricted license may not be
  468  available until 6 months of the suspension or revocation period
  469  has been completed expired.
  470         (2) If a person 18 years of age or older is convicted for
  471  the possession or sale of, trafficking in, or conspiracy to
  472  possess, sell, or traffic in a controlled substance and such
  473  person is eligible by reason of age for a driver license or
  474  privilege, the court shall direct the department to withhold
  475  issuance of such person’s driver license or driving privilege
  476  for a period of 6 months 1 year after the date the person was
  477  convicted or until the person is evaluated for and, if deemed
  478  necessary by the evaluating agency, completes a drug treatment
  479  and rehabilitation program approved or regulated by the
  480  Department of Children and Families. However, the court may, in
  481  its sound discretion, direct the department to issue a license
  482  for driving privilege restricted to business or employment
  483  purposes only, as defined by s. 322.271, if the person is
  484  otherwise qualified for such a license. A driver whose license
  485  or driving privilege has been suspended or revoked under this
  486  section or s. 322.056 may, upon the expiration of 6 months,
  487  petition the department for restoration of the driving privilege
  488  on a restricted or unrestricted basis depending on the length of
  489  suspension or revocation. In no case shall A restricted license
  490  may not be available until 6 months of the withholding
  491  suspension or revocation period has been completed expired.
  492         (3) If a person 18 years of age or older is convicted for
  493  the possession or sale of, trafficking in, or conspiracy to
  494  possess, sell, or traffic in a controlled substance and such
  495  person’s driver license or driving privilege is already under
  496  suspension or revocation for any reason, the court shall direct
  497  the department to extend the period of such suspension or
  498  revocation by an additional period of 6 months 1 year or until
  499  the person is evaluated for and, if deemed necessary by the
  500  evaluating agency, completes a drug treatment and rehabilitation
  501  program approved or regulated by the Department of Children and
  502  Families. However, the court may, in its sound discretion,
  503  direct the department to issue a license for driving privilege
  504  restricted to business or employment purposes only, as defined
  505  by s. 322.271, if the person is otherwise qualified for such a
  506  license. A driver whose license or driving privilege has been
  507  suspended or revoked under this section or s. 322.056 may, upon
  508  the expiration of 6 months, petition the department for
  509  restoration of the driving privilege on a restricted or
  510  unrestricted basis depending on the length of suspension or
  511  revocation. In no case shall A restricted license may not be
  512  available until 6 months of the suspension or revocation period
  513  has been completed expired.
  514         (4) If a person 18 years of age or older is convicted for
  515  the possession or sale of, trafficking in, or conspiracy to
  516  possess, sell, or traffic in a controlled substance and such
  517  person is ineligible by reason of age for a driver license or
  518  driving privilege, the court shall direct the department to
  519  withhold issuance of such person’s driver license or driving
  520  privilege for a period of 6 months 1 year after the date that he
  521  or she would otherwise have become eligible or until he or she
  522  becomes eligible by reason of age for a driver license and is
  523  evaluated for and, if deemed necessary by the evaluating agency,
  524  completes a drug treatment and rehabilitation program approved
  525  or regulated by the Department of Children and Families.
  526  However, the court may, in its sound discretion, direct the
  527  department to issue a license for driving privilege restricted
  528  to business or employment purposes only, as defined by s.
  529  322.271, if the person is otherwise qualified for such a
  530  license. A driver whose license or driving privilege has been
  531  suspended or revoked under this section or s. 322.056 may, upon
  532  the expiration of 6 months, petition the department for
  533  restoration of the driving privilege on a restricted or
  534  unrestricted basis depending on the length of suspension or
  535  revocation. In no case shall A restricted license may not be
  536  available until 6 months of the withholding suspension or
  537  revocation period has been completed expired.
  538         Section 8. Section 322.056, Florida Statutes, is amended to
  539  read:
  540         322.056 Mandatory revocation or suspension of, or delay of
  541  eligibility for, driver license for persons under age 18 found
  542  guilty of certain alcohol, drug, or tobacco offenses;
  543  prohibition.—
  544         (1) Notwithstanding the provisions of s. 322.055, if a
  545  person under 18 years of age is found guilty of or delinquent
  546  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  547  and:
  548         (a) The person is eligible by reason of age for a driver
  549  license or driving privilege, the court shall direct the
  550  department to revoke or to withhold issuance of his or her
  551  driver license or driving privilege for a period of 6 months.:
  552         1. Not less than 6 months and not more than 1 year for the
  553  first violation.
  554         2. Two years, for a subsequent violation.
  555         (b) The person’s driver license or driving privilege is
  556  under suspension or revocation for any reason, the court shall
  557  direct the department to extend the period of suspension or
  558  revocation by an additional period of 6 months.:
  559         1. Not less than 6 months and not more than 1 year for the
  560  first violation.
  561         2. Two years, for a subsequent violation.
  562         (c) The person is ineligible by reason of age for a driver
  563  license or driving privilege, the court shall direct the
  564  department to withhold issuance of his or her driver license or
  565  driving privilege for a period of:
  566         1. Not less than 6 months and not more than 1 year after
  567  the date on which he or she would otherwise have become
  568  eligible, for the first violation.
  569         2. Two years after the date on which he or she would
  570  otherwise have become eligible, for a subsequent violation.
  571  
  572  However, the court may, in its sound discretion, direct the
  573  department to issue a license for driving privileges restricted
  574  to business or employment purposes only, as defined in s.
  575  322.271, if the person is otherwise qualified for such a
  576  license.
  577         (2) If a person under 18 years of age is found by the court
  578  to have committed a noncriminal violation under s. 569.11 or s.
  579  877.112(6) or (7) and that person has failed to comply with the
  580  procedures established in that section by failing to fulfill
  581  community service requirements, failing to pay the applicable
  582  fine, or failing to attend a locally available school-approved
  583  anti-tobacco program, and:
  584         (a) The person is eligible by reason of age for a driver
  585  license or driving privilege, the court shall direct the
  586  department to revoke or to withhold issuance of his or her
  587  driver license or driving privilege as follows:
  588         1. For the first violation, for 30 days.
  589         2. For the second violation within 12 weeks of the first
  590  violation, for 45 days.
  591         (b) The person’s driver license or driving privilege is
  592  under suspension or revocation for any reason, the court shall
  593  direct the department to extend the period of suspension or
  594  revocation by an additional period as follows:
  595         1. For the first violation, for 30 days.
  596         2. For the second violation within 12 weeks of the first
  597  violation, for 45 days.
  598         (c) The person is ineligible by reason of age for a driver
  599  license or driving privilege, the court shall direct the
  600  department to withhold issuance of his or her driver license or
  601  driving privilege as follows:
  602         1. For the first violation, for 30 days.
  603         2. For the second violation within 12 weeks of the first
  604  violation, for 45 days.
  605  
  606  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  607  within the 12-week period after the first violation will be
  608  treated as a first violation and in the same manner as provided
  609  in this subsection.
  610         (3) If a person under 18 years of age is found by the court
  611  to have committed a third violation of s. 569.11 or s.
  612  877.112(6) or (7) within 12 weeks of the first violation, the
  613  court must direct the Department of Highway Safety and Motor
  614  Vehicles to suspend or withhold issuance of his or her driver
  615  license or driving privilege for 60 consecutive days. Any third
  616  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  617  12-week period after the first violation will be treated as a
  618  first violation and in the same manner as provided in subsection
  619  (2).
  620         (2)(4) A penalty imposed under this section shall be in
  621  addition to any other penalty imposed by law.
  622         (5) The suspension or revocation of a person’s driver
  623  license imposed pursuant to subsection (2) or subsection (3),
  624  shall not result in or be cause for an increase of the convicted
  625  person’s, or his or her parent’s or legal guardian’s, automobile
  626  insurance rate or premium or result in points assessed against
  627  the person’s driving record.
  628         Section 9. Section 322.057, Florida Statutes, is repealed.
  629         Section 10. Present subsections (4) and (5) of section
  630  322.09, Florida Statutes, are redesignated as subsections (3)
  631  and (4), respectively, and present subsection (3) of that
  632  section is amended, to read:
  633         322.09 Application of minors; responsibility for negligence
  634  or misconduct of minor.—
  635         (3) The department may not issue a driver license or
  636  learner’s driver license to any applicant under the age of 18
  637  years who is not in compliance with the requirements of s.
  638  322.091.
  639         Section 11. Section 322.091, Florida Statutes, is repealed.
  640         Section 12. Subsections (6) and (7) are added to section
  641  322.245, Florida Statutes, to read:
  642         322.245 Suspension of license upon failure of person
  643  charged with specified offense under chapter 316, chapter 320,
  644  or this chapter to comply with directives ordered by traffic
  645  court or upon failure to pay child support in non-IV-D cases as
  646  provided in chapter 61 or failure to pay any financial
  647  obligation in any other criminal case.—
  648         (6) Notwithstanding any other law, a person’s driver
  649  license may not be suspended solely for a failure to pay fees,
  650  service charges, fines, or penalties if the person demonstrates
  651  to the court, after notice of the penalty and before the
  652  suspension takes place, that the person is unable to pay and
  653  that the person:
  654         (a)Receives reemployment assistance or unemployment
  655  compensation pursuant to chapter 443;
  656         (b)Receives benefits under the federal Supplemental
  657  Security Income program or Social Security Disability Insurance
  658  program;
  659         (c)Receives temporary cash assistance pursuant to chapter
  660  414;
  661         (d)Is making payments in accordance with a confirmed
  662  bankruptcy plan under chapter 11, chapter 12, or chapter 13 of
  663  the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.;
  664         (e)Is on a payment plan or payment plans with the clerk of
  665  court pursuant to s. 28.246(4);
  666         (f)Has been determined to be indigent after filing an
  667  application with the clerk in accordance with s. 27.52 or s.
  668  57.082; or
  669         (g)Is incarcerated.
  670  
  671  This subsection does not apply to failure to pay child support
  672  in non-IV-D cases as provided in chapter 61.
  673         (7)A person who meets the criteria under subsection (6)
  674  must provide the clerk with updated documentation every 90 days.
  675  If the person fails to provide the necessary documentation to
  676  the clerk or no longer meets the criteria under subsection (6),
  677  he or she must begin paying the outstanding fees, service
  678  charges, fines, or penalties. If payment does not begin within
  679  30 days, the clerk must notify the department of such failure
  680  within 10 days after the failure occurs. Upon receipt of such
  681  notice, the department must immediately issue an order
  682  suspending the driver license and privilege to drive of such
  683  person effective 20 days after the date the order of suspension
  684  is mailed in accordance with s. 322.251(1), (2), and (6).
  685         Section 13. Subsection (7) of section 322.251, Florida
  686  Statutes, is repealed.
  687         Section 14. Subsection (8) is added to section 322.271,
  688  Florida Statutes, to read:
  689         322.271 Authority to modify revocation, cancellation, or
  690  suspension order.—
  691         (8) A person whose driver license or privilege to drive has
  692  been suspended under s. 318.15 or s. 322.245, with the exception
  693  of any suspension related to s. 61.13016, may have his or her
  694  driver license or driving privilege reinstated on a restricted
  695  basis by the department in accordance with this section. The
  696  restricted license is valid until the 7-year suspension period
  697  ends as provided in s. 318.15 or until the debt is paid.
  698         Section 15. Subsection (10) of section 322.34, Florida
  699  Statutes, is amended to read:
  700         322.34 Driving while license suspended, revoked, canceled,
  701  or disqualified.—
  702         (10)(a) Notwithstanding any other provision of this
  703  section, if a person does not have a prior forcible felony
  704  conviction as defined in s. 776.08, the penalties provided in
  705  paragraph (b) apply if a person’s driver license or driving
  706  privilege is canceled, suspended, or revoked for:
  707         1. Failing to pay child support as provided in s. 322.245
  708  or s. 61.13016;
  709         2. Failing to pay any other financial obligation as
  710  provided in s. 322.245 other than those specified in s.
  711  322.245(1);
  712         3. Failing to comply with a civil penalty required in s.
  713  318.15;
  714         4. Failing to maintain vehicular financial responsibility
  715  as required by chapter 324; or
  716         5. Failing to comply with attendance or other requirements
  717  for minors as set forth in s. 322.091; or
  718         5.6. Having been designated a habitual traffic offender
  719  under s. 322.264(1)(d) as a result of suspensions of his or her
  720  driver license or driver privilege for any underlying violation
  721  listed in subparagraphs 1.-4. 1.-5.
  722         (b)1. Upon a first conviction for knowingly driving while
  723  his or her license is suspended, revoked, or canceled for any of
  724  the underlying violations listed in subparagraphs (a)1.-5.
  725  (a)1.-6., a person commits a misdemeanor of the second degree,
  726  punishable as provided in s. 775.082 or s. 775.083.
  727         2. Upon a second or subsequent conviction for the same
  728  offense of knowingly driving while his or her license is
  729  suspended, revoked, or canceled for any of the underlying
  730  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  731  commits a misdemeanor of the first degree, punishable as
  732  provided in s. 775.082 or s. 775.083.
  733         Section 16. Paragraph (a) of subsection (1) and paragraph
  734  (c) of subsection (2) of section 562.11, Florida Statutes, are
  735  amended to read:
  736         562.11 Selling, giving, or serving alcoholic beverages to
  737  person under age 21; providing a proper name; misrepresenting or
  738  misstating age or age of another to induce licensee to serve
  739  alcoholic beverages to person under 21; penalties.—
  740         (1)(a)1. A person may not sell, give, serve, or permit to
  741  be served alcoholic beverages to a person under 21 years of age
  742  or permit a person under 21 years of age to consume such
  743  beverages on the licensed premises. A person who violates this
  744  paragraph subparagraph commits a misdemeanor of the second
  745  degree, punishable as provided in s. 775.082 or s. 775.083. A
  746  person who violates this paragraph subparagraph a second or
  747  subsequent time within 1 year after a prior conviction commits a
  748  misdemeanor of the first degree, punishable as provided in s.
  749  775.082 or s. 775.083.
  750         2. In addition to any other penalty imposed for a violation
  751  of subparagraph 1., the court may order the Department of
  752  Highway Safety and Motor Vehicles to withhold the issuance of,
  753  or suspend or revoke, the driver license or driving privilege,
  754  as provided in s. 322.057, of any person who violates
  755  subparagraph 1. This subparagraph does not apply to a licensee,
  756  as defined in s. 561.01, who violates subparagraph 1. while
  757  acting within the scope of his or her license or an employee or
  758  agent of a licensee, as defined in s. 561.01, who violates
  759  subparagraph 1. while engaged within the scope of his or her
  760  employment or agency.
  761         3. A court that withholds the issuance of, or suspends or
  762  revokes, the driver license or driving privilege of a person
  763  pursuant to subparagraph 2. may direct the Department of Highway
  764  Safety and Motor Vehicles to issue the person a license for
  765  driving privilege restricted to business purposes only, as
  766  defined in s. 322.271, if he or she is otherwise qualified.
  767         (2) It is unlawful for any person to misrepresent or
  768  misstate his or her age or the age of any other person for the
  769  purpose of inducing any licensee or his or her agents or
  770  employees to sell, give, serve, or deliver any alcoholic
  771  beverages to a person under 21 years of age, or for any person
  772  under 21 years of age to purchase or attempt to purchase
  773  alcoholic beverages.
  774         (c) In addition to any other penalty imposed for a
  775  violation of this subsection, if a person uses a driver license
  776  or identification card issued by the Department of Highway
  777  Safety and Motor Vehicles in violation of this subsection, the
  778  court:
  779         1. may order the person to participate in public service or
  780  a community work project for a period not to exceed 40 hours;
  781  and
  782         2. Shall direct the Department of Highway Safety and Motor
  783  Vehicles to withhold issuance of, or suspend or revoke, the
  784  person’s driver license or driving privilege, as provided in s.
  785  322.056.
  786         Section 17. Subsection (3) of section 562.111, Florida
  787  Statutes, is repealed.
  788         Section 18. Subsections (1), (2), and (5) of section
  789  569.11, Florida Statutes, are amended to read:
  790         569.11 Possession, misrepresenting age or military service
  791  to purchase, and purchase of tobacco products by persons under
  792  18 years of age prohibited; penalties; jurisdiction; disposition
  793  of fines.—
  794         (1) It is unlawful for any person under 18 years of age to
  795  knowingly possess any tobacco product. Any person under 18 years
  796  of age who violates the provisions of this subsection commits a
  797  noncriminal violation as provided in s. 775.08(3), punishable
  798  by:
  799         (a) For a first violation, 16 hours of community service
  800  or, instead of community service, a $25 fine. In addition, the
  801  person must attend a school-approved anti-tobacco program, if
  802  locally available; or
  803         (b) For a second or subsequent violation within 12 weeks
  804  after of the first violation, a $25 fine.; or
  805         (c) For a third or subsequent violation within 12 weeks of
  806  the first violation, the court must direct the Department of
  807  Highway Safety and Motor Vehicles to withhold issuance of or
  808  suspend or revoke the person’s driver license or driving
  809  privilege, as provided in s. 322.056.
  810  
  811  Any second or subsequent violation not within the 12-week time
  812  period after the first violation is punishable as provided for a
  813  first violation.
  814         (2) It is unlawful for any person under 18 years of age to
  815  misrepresent his or her age or military service for the purpose
  816  of inducing a dealer or an agent or employee of the dealer to
  817  sell, give, barter, furnish, or deliver any tobacco product, or
  818  to purchase, or attempt to purchase, any tobacco product from a
  819  person or a vending machine. Any person under 18 years of age
  820  who violates a provision of this subsection commits a
  821  noncriminal violation as provided in s. 775.08(3), punishable
  822  by:
  823         (a) For a first violation, 16 hours of community service
  824  or, instead of community service, a $25 fine. and, In addition,
  825  the person must attend a school-approved anti-tobacco program,
  826  if locally available; or
  827         (b) For a second or subsequent violation within 12 weeks
  828  after of the first violation, a $25 fine.; or
  829         (c) For a third or subsequent violation within 12 weeks of
  830  the first violation, the court must direct the Department of
  831  Highway Safety and Motor Vehicles to withhold issuance of or
  832  suspend or revoke the person’s driver license or driving
  833  privilege, as provided in s. 322.056.
  834  
  835  Any second or subsequent violation not within the 12-week time
  836  period after the first violation is punishable as provided for a
  837  first violation.
  838         (5)(a) If a person under 18 years of age is found by the
  839  court to have committed a noncriminal violation under this
  840  section and that person has failed to complete community
  841  service, pay the fine as required by paragraph (1)(a) or
  842  paragraph (2)(a), or attend a school-approved anti-tobacco
  843  program, if locally available, the court may must direct the
  844  Department of Highway Safety and Motor Vehicles to withhold
  845  issuance of or suspend the driver license or driving privilege
  846  of that person for a period of 30 consecutive days.
  847         (b) If a person under 18 years of age is found by the court
  848  to have committed a noncriminal violation under this section and
  849  that person has failed to pay the applicable fine as required by
  850  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  851  the Department of Highway Safety and Motor Vehicles to withhold
  852  issuance of or suspend the driver license or driving privilege
  853  of that person for a period of 45 consecutive days.
  854         Section 19. Subsections (5) and (10) of section 790.22,
  855  Florida Statutes, are amended to read:
  856         790.22 Use of BB guns, air or gas-operated guns, or
  857  electric weapons or devices by minor under 16; limitation;
  858  possession of firearms by minor under 18 prohibited; penalties.—
  859         (5)(a) A minor who violates subsection (3) commits a
  860  misdemeanor of the first degree; for a first offense, may serve
  861  a period of detention of up to 3 days in a secure detention
  862  facility; and, in addition to any other penalty provided by law,
  863  shall be required to perform 100 hours of community service.;
  864  and:
  865         1. If the minor is eligible by reason of age for a driver
  866  license or driving privilege, the court shall direct the
  867  Department of Highway Safety and Motor Vehicles to revoke or to
  868  withhold issuance of the minor’s driver license or driving
  869  privilege for up to 1 year.
  870         2. If the minor’s driver license or driving privilege is
  871  under suspension or revocation for any reason, the court shall
  872  direct the Department of Highway Safety and Motor Vehicles to
  873  extend the period of suspension or revocation by an additional
  874  period of up to 1 year.
  875         3. If the minor is ineligible by reason of age for a driver
  876  license or driving privilege, the court shall direct the
  877  Department of Highway Safety and Motor Vehicles to withhold
  878  issuance of the minor’s driver license or driving privilege for
  879  up to 1 year after the date on which the minor would otherwise
  880  have become eligible.
  881         (b) For a second or subsequent offense, a minor who
  882  violates subsection (3) commits a felony of the third degree and
  883  shall serve a period of detention of up to 15 days in a secure
  884  detention facility and shall be required to perform not less
  885  than 100 or nor more than 250 hours of community service., and:
  886         1. If the minor is eligible by reason of age for a driver
  887  license or driving privilege, the court shall direct the
  888  Department of Highway Safety and Motor Vehicles to revoke or to
  889  withhold issuance of the minor’s driver license or driving
  890  privilege for up to 2 years.
  891         2. If the minor’s driver license or driving privilege is
  892  under suspension or revocation for any reason, the court shall
  893  direct the Department of Highway Safety and Motor Vehicles to
  894  extend the period of suspension or revocation by an additional
  895  period of up to 2 years.
  896         3. If the minor is ineligible by reason of age for a driver
  897  license or driving privilege, the court shall direct the
  898  Department of Highway Safety and Motor Vehicles to withhold
  899  issuance of the minor’s driver license or driving privilege for
  900  up to 2 years after the date on which the minor would otherwise
  901  have become eligible.
  902  
  903  For the purposes of this subsection, community service shall be
  904  performed, if possible, in a manner involving a hospital
  905  emergency room or other medical environment that deals on a
  906  regular basis with trauma patients and gunshot wounds.
  907         (10) If a minor is found to have committed an offense under
  908  subsection (9), the court shall impose the following penalties
  909  in addition to any penalty imposed under paragraph (9)(a) or
  910  paragraph (9)(b):
  911         (a) For a first offense:
  912         1. If the minor is eligible by reason of age for a driver
  913  license or driving privilege, the court shall direct the
  914  Department of Highway Safety and Motor Vehicles to revoke or to
  915  withhold issuance of the minor’s driver license or driving
  916  privilege for up to 1 year.
  917         2. If the minor’s driver license or driving privilege is
  918  under suspension or revocation for any reason, the court shall
  919  direct the Department of Highway Safety and Motor Vehicles to
  920  extend the period of suspension or revocation by an additional
  921  period for up to 1 year.
  922         3. If the minor is ineligible by reason of age for a driver
  923  license or driving privilege, the court shall direct the
  924  Department of Highway Safety and Motor Vehicles to withhold
  925  issuance of the minor’s driver license or driving privilege for
  926  up to 1 year after the date on which the minor would otherwise
  927  have become eligible.
  928         (b) For a second or subsequent offense:
  929         1. If the minor is eligible by reason of age for a driver
  930  license or driving privilege, the court shall direct the
  931  Department of Highway Safety and Motor Vehicles to revoke or to
  932  withhold issuance of the minor’s driver license or driving
  933  privilege for up to 2 years.
  934         2. If the minor’s driver license or driving privilege is
  935  under suspension or revocation for any reason, the court shall
  936  direct the Department of Highway Safety and Motor Vehicles to
  937  extend the period of suspension or revocation by an additional
  938  period for up to 2 years.
  939         3. If the minor is ineligible by reason of age for a driver
  940  license or driving privilege, the court shall direct the
  941  Department of Highway Safety and Motor Vehicles to withhold
  942  issuance of the minor’s driver license or driving privilege for
  943  up to 2 years after the date on which the minor would otherwise
  944  have become eligible.
  945         Section 20. Present subsections (7) and (8) of section
  946  806.13, Florida Statutes, are amended, and present subsection
  947  (9) of that section is redesignated as subsection (7), to read:
  948         806.13 Criminal mischief; penalties; penalty for minor.—
  949         (7) In addition to any other penalty provided by law, if a
  950  minor is found to have committed a delinquent act under this
  951  section for placing graffiti on any public property or private
  952  property, and:
  953         (a) The minor is eligible by reason of age for a driver
  954  license or driving privilege, the court shall direct the
  955  Department of Highway Safety and Motor Vehicles to revoke or
  956  withhold issuance of the minor’s driver license or driving
  957  privilege for not more than 1 year.
  958         (b) The minor’s driver license or driving privilege is
  959  under suspension or revocation for any reason, the court shall
  960  direct the Department of Highway Safety and Motor Vehicles to
  961  extend the period of suspension or revocation by an additional
  962  period of not more than 1 year.
  963         (c) The minor is ineligible by reason of age for a driver
  964  license or driving privilege, the court shall direct the
  965  Department of Highway Safety and Motor Vehicles to withhold
  966  issuance of the minor’s driver license or driving privilege for
  967  not more than 1 year after the date on which he or she would
  968  otherwise have become eligible.
  969         (8) A minor whose driver license or driving privilege is
  970  revoked, suspended, or withheld under subsection (7) may elect
  971  to reduce the period of revocation, suspension, or withholding
  972  by performing community service at the rate of 1 day for each
  973  hour of community service performed. In addition, if the court
  974  determines that due to a family hardship, the minor’s driver
  975  license or driving privilege is necessary for employment or
  976  medical purposes of the minor or a member of the minor’s family,
  977  the court shall order the minor to perform community service and
  978  reduce the period of revocation, suspension, or withholding at
  979  the rate of 1 day for each hour of community service performed.
  980  As used in this subsection, the term “community service” means
  981  cleaning graffiti from public property.
  982         Section 21. Section 812.0155, Florida Statutes, is
  983  repealed.
  984         Section 22. Section 832.09, Florida Statutes, is repealed.
  985         Section 23. Paragraph (a) of subsection (3) of section
  986  847.0141, Florida Statutes, is amended to read:
  987         847.0141 Sexting; prohibited acts; penalties.—
  988         (3) A minor who violates subsection (1):
  989         (a) Commits a noncriminal violation for a first violation.
  990  The minor must sign and accept a citation indicating a promise
  991  to appear before the juvenile court. In lieu of appearing in
  992  court, the minor may complete 8 hours of community service work,
  993  pay a $60 civil penalty, or participate in a cyber-safety
  994  program if such a program is locally available. The minor must
  995  satisfy any penalty within 30 days after receipt of the
  996  citation.
  997         1. A citation issued to a minor under this subsection must
  998  be in a form prescribed by the issuing law enforcement agency,
  999  must be signed by the minor, and must contain all of the
 1000  following:
 1001         a. The date and time of issuance.
 1002         b. The name and address of the minor to whom the citation
 1003  is issued.
 1004         c. A thumbprint of the minor to whom the citation is
 1005  issued.
 1006         d. Identification of the noncriminal violation and the time
 1007  it was committed.
 1008         e. The facts constituting reasonable cause.
 1009         f. The specific section of law violated.
 1010         g. The name and authority of the citing officer.
 1011         h. The procedures that the minor must follow to contest the
 1012  citation, perform the required community service, pay the civil
 1013  penalty, or participate in a cyber-safety program.
 1014         2. If the citation is contested and the court determines
 1015  that the minor committed a noncriminal violation under this
 1016  section, the court may order the minor to perform 8 hours of
 1017  community service, pay a $60 civil penalty, or participate in a
 1018  cyber-safety program, or any combination thereof.
 1019         3. A minor who fails to comply with the citation waives his
 1020  or her right to contest it, and the court may impose any of the
 1021  penalties identified in subparagraph 2. or issue an order to
 1022  show cause. Upon a finding of contempt, the court may impose
 1023  additional age-appropriate penalties, which may include issuance
 1024  of an order to the Department of Highway Safety and Motor
 1025  Vehicles to withhold issuance of, or suspend the driver license
 1026  or driving privilege of, the minor for 30 consecutive days.
 1027  However, the court may not impose incarceration.
 1028         Section 24. Subsections (6) and (7) and paragraphs (c) and
 1029  (d) of subsection (8) of section 877.112, Florida Statutes, are
 1030  amended to read:
 1031         877.112 Nicotine products and nicotine dispensing devices;
 1032  prohibitions for minors; penalties; civil fines; signage
 1033  requirements; preemption.—
 1034         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
 1035  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
 1036  person under 18 years of age to knowingly possess any nicotine
 1037  product or a nicotine dispensing device. Any person under 18
 1038  years of age who violates this subsection commits a noncriminal
 1039  violation as defined in s. 775.08(3), punishable by:
 1040         (a) For a first violation, 16 hours of community service
 1041  or, instead of community service, a $25 fine. In addition, the
 1042  person must attend a school-approved anti-tobacco and nicotine
 1043  program, if locally available; or
 1044         (b) For a second or subsequent violation within 12 weeks
 1045  after of the first violation, a $25 fine.; or
 1046         (c) For a third or subsequent violation within 12 weeks of
 1047  the first violation, the court must direct the Department of
 1048  Highway Safety and Motor Vehicles to withhold issuance of or
 1049  suspend or revoke the person’s driver license or driving
 1050  privilege, as provided in s. 322.056.
 1051  
 1052  Any second or subsequent violation not within the 12-week time
 1053  period after the first violation is punishable as provided for a
 1054  first violation.
 1055         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
 1056  any person under 18 years of age to misrepresent his or her age
 1057  or military service for the purpose of inducing a retailer of
 1058  nicotine products or nicotine dispensing devices or an agent or
 1059  employee of such retailer to sell, give, barter, furnish, or
 1060  deliver any nicotine product or nicotine dispensing device, or
 1061  to purchase, or attempt to purchase, any nicotine product or
 1062  nicotine dispensing device from a person or a vending machine.
 1063  Any person under 18 years of age who violates this subsection
 1064  commits a noncriminal violation as defined in s. 775.08(3),
 1065  punishable by:
 1066         (a) For a first violation, 16 hours of community service
 1067  or, instead of community service, a $25 fine. and, In addition,
 1068  the person must attend a school-approved anti-tobacco and
 1069  nicotine program, if locally available; or
 1070         (b) For a second or subsequent violation within 12 weeks of
 1071  the first violation, a $25 fine.; or
 1072         (c) For a third or subsequent violation within 12 weeks of
 1073  the first violation, the court must direct the Department of
 1074  Highway Safety and Motor Vehicles to withhold issuance of or
 1075  suspend or revoke the person’s driver license or driving
 1076  privilege, as provided in s. 322.056.
 1077  
 1078  Any second or subsequent violation not within the 12-week time
 1079  period after the first violation is punishable as provided for a
 1080  first violation.
 1081         (8) PENALTIES FOR MINORS.—
 1082         (c) If a person under 18 years of age is found by the court
 1083  to have committed a noncriminal violation under this section and
 1084  that person has failed to complete community service, pay the
 1085  fine as required by paragraph (6)(a) or paragraph (7)(a), or
 1086  attend a school-approved anti-tobacco and nicotine program, if
 1087  locally available, the court may must direct the Department of
 1088  Highway Safety and Motor Vehicles to withhold issuance of or
 1089  suspend the driver license or driving privilege of that person
 1090  for 30 consecutive days.
 1091         (d) If a person under 18 years of age is found by the court
 1092  to have committed a noncriminal violation under this section and
 1093  that person has failed to pay the applicable fine as required by
 1094  paragraph (6)(b) or paragraph (7)(b), the court may must direct
 1095  the Department of Highway Safety and Motor Vehicles to withhold
 1096  issuance of or suspend the driver license or driving privilege
 1097  of that person for 45 consecutive days.
 1098         Section 25. Subsection (2) of section 938.30, Florida
 1099  Statutes, is amended to read:
 1100         938.30 Financial obligations in criminal cases;
 1101  supplementary proceedings.—
 1102         (2) The court may require a person liable for payment of an
 1103  obligation to appear and be examined under oath concerning the
 1104  person’s financial ability to pay the obligation. The judge may
 1105  convert the statutory financial obligation into a court-ordered
 1106  obligation to perform community service, subject to the
 1107  provisions of s. 318.18(8), after examining a person under oath
 1108  and determining the person’s inability to pay, or by relying
 1109  upon information provided under s. 27.52(1)(a). Any person who
 1110  fails to attend a hearing may be arrested on warrant or capias
 1111  issued by the clerk upon order of the court.
 1112         Section 26. Subsection (2) of section 1003.27, Florida
 1113  Statutes, is amended to read:
 1114         1003.27 Court procedure and penalties.—The court procedure
 1115  and penalties for the enforcement of the provisions of this
 1116  part, relating to compulsory school attendance, shall be as
 1117  follows:
 1118         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
 1119         (a) In each case of nonenrollment or of nonattendance upon
 1120  the part of a student who is required to attend some school,
 1121  when no valid reason for such nonenrollment or nonattendance is
 1122  found, the district school superintendent shall institute a
 1123  criminal prosecution against the student’s parent.
 1124         (b) Each public school principal or the principal’s
 1125  designee shall notify the district school board of each minor
 1126  student under its jurisdiction who accumulates 15 unexcused
 1127  absences in a period of 90 calendar days. Each designee of the
 1128  governing body of each private school, and each parent whose
 1129  child is enrolled in a home education program, may provide the
 1130  Department of Highway Safety and Motor Vehicles with the legal
 1131  name, sex, date of birth, and social security number of each
 1132  minor student under his or her jurisdiction who fails to satisfy
 1133  relevant attendance requirements and who fails to otherwise
 1134  satisfy the requirements of s. 322.091. The district school
 1135  superintendent must provide the Department of Highway Safety and
 1136  Motor Vehicles the legal name, sex, date of birth, and social
 1137  security number of each minor student who has been reported
 1138  under this paragraph and who fails to otherwise satisfy the
 1139  requirements of s. 322.091. The Department of Highway Safety and
 1140  Motor Vehicles may not issue a driver license or learner’s
 1141  driver license to, and shall suspend any previously issued
 1142  driver license or learner’s driver license of, any such minor
 1143  student, pursuant to the provisions of s. 322.091.
 1144         Section 27. Paragraph (a) of subsection (10) of section
 1145  318.14, Florida Statutes, is amended to read:
 1146         318.14 Noncriminal traffic infractions; exception;
 1147  procedures.—
 1148         (10)(a) Any person who does not hold a commercial driver
 1149  license or commercial learner’s permit and who is cited while
 1150  driving a noncommercial motor vehicle for an offense listed
 1151  under this subsection may, in lieu of payment of fine or court
 1152  appearance, elect to enter a plea of nolo contendere and provide
 1153  proof of compliance to the clerk of the court, designated
 1154  official, or authorized operator of a traffic violations bureau.
 1155  In such case, adjudication shall be withheld; however, a person
 1156  may not make an election under this subsection if the person has
 1157  made an election under this subsection in the preceding 12
 1158  months. A person may not make more than three elections under
 1159  this subsection. This subsection applies to the following
 1160  offenses:
 1161         1. Operating a motor vehicle without a valid driver license
 1162  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
 1163  operating a motor vehicle with a license that has been suspended
 1164  for failure to appear, failure to pay civil penalty, or failure
 1165  to attend a driver improvement course pursuant to s. 322.291.
 1166         2. Operating a motor vehicle without a valid registration
 1167  in violation of s. 320.0605, s. 320.07, or s. 320.131.
 1168         3. Operating a motor vehicle in violation of s. 316.646.
 1169         4. Operating a motor vehicle with a license that has been
 1170  suspended under s. 61.13016 or s. 322.245 for failure to pay
 1171  child support or for failure to pay any other financial
 1172  obligation as provided in s. 322.245; however, this subparagraph
 1173  does not apply if the license has been suspended pursuant to s.
 1174  322.245(1).
 1175         5. Operating a motor vehicle with a license that has been
 1176  suspended under s. 322.091 for failure to meet school attendance
 1177  requirements.
 1178         Section 28. Subsections (1) and (2) of section 322.05,
 1179  Florida Statutes, are amended to read:
 1180         322.05 Persons not to be licensed.—The department may not
 1181  issue a license:
 1182         (1) To a person who is under the age of 16 years, except
 1183  that the department may issue a learner’s driver license to a
 1184  person who is at least 15 years of age and who meets the
 1185  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
 1186  other applicable law or rule.
 1187         (2) To a person who is at least 16 years of age but is
 1188  under 18 years of age unless the person meets the requirements
 1189  of s. 322.091 and holds a valid:
 1190         (a) Learner’s driver license for at least 12 months, with
 1191  no moving traffic convictions, before applying for a license;
 1192         (b) Learner’s driver license for at least 12 months and who
 1193  has a moving traffic conviction but elects to attend a traffic
 1194  driving school for which adjudication must be withheld pursuant
 1195  to s. 318.14; or
 1196         (c) License that was issued in another state or in a
 1197  foreign jurisdiction and that would not be subject to suspension
 1198  or revocation under the laws of this state.
 1199         Section 29. Paragraph (b) of subsection (5) of section
 1200  322.27, Florida Statutes, is amended to read:
 1201         322.27 Authority of department to suspend or revoke driver
 1202  license or identification card.—
 1203         (5)
 1204         (b) If a person whose driver license has been revoked under
 1205  paragraph (a) as a result of a third violation of driving a
 1206  motor vehicle while his or her license is suspended or revoked
 1207  provides proof of compliance for an offense listed in s.
 1208  318.14(10)(a)1.-4. s. 318.14(10)(a)1.-5., the clerk of court
 1209  shall submit an amended disposition to remove the habitual
 1210  traffic offender designation.
 1211         Section 30. Subsection (9) of section 1003.01, Florida
 1212  Statutes, is amended to read:
 1213         1003.01 Definitions.—As used in this chapter, the term:
 1214         (9) “Dropout” means a student who meets any one or more of
 1215  the following criteria:
 1216         (a) The student has voluntarily removed himself or herself
 1217  from the school system before graduation for reasons that
 1218  include, but are not limited to, marriage, or the student has
 1219  withdrawn from school because he or she has failed the statewide
 1220  student assessment test and thereby does not receive any of the
 1221  certificates of completion;
 1222         (b) The student has not met the relevant attendance
 1223  requirements of the school district pursuant to State Board of
 1224  Education rules, or the student was expected to attend a school
 1225  but did not enter as expected for unknown reasons, or the
 1226  student’s whereabouts are unknown;
 1227         (c) The student has withdrawn from school, but has not
 1228  transferred to another public or private school or enrolled in
 1229  any career, adult, home education, or alternative educational
 1230  program;
 1231         (d) The student has withdrawn from school due to hardship,
 1232  unless such withdrawal has been granted because of under the
 1233  provisions of s. 322.091, court action, expulsion, medical
 1234  reasons, or pregnancy; or
 1235         (e) The student is not eligible to attend school because of
 1236  reaching the maximum age for an exceptional student program in
 1237  accordance with the district’s policy.
 1238  
 1239  The State Board of Education may adopt rules to implement the
 1240  provisions of this subsection.
 1241         Section 31. The amendments made by this act to s. 316.650,
 1242  Florida Statutes, shall take effect upon the depletion of the
 1243  current inventory of uniform traffic citation forms and the
 1244  adoption by rule of new uniform traffic citation forms. The
 1245  Department of Highway Safety and Motor Vehicles shall notify the
 1246  Division of Law Revision and Information upon the adoption of
 1247  the new forms.
 1248         Section 32. Except as otherwise expressly provided in this
 1249  act and except for this section, which shall take effect upon
 1250  this act becoming a law, this act shall take effect October 1,
 1251  2018.