Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1392
       
       
       
       
       
       
                                Ì105606!Î105606                         
       
                              LEGISLATIVE ACTION                        
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Senate Amendment (601794) to House
    2  Amendment (with title amendment)
    3  
    4         Between lines 57 and 58
    5  insert:
    6         Section 4. Subsections (1) through (4) of section 322.055,
    7  Florida Statutes, are amended to read:
    8         322.055 Revocation or suspension of, or delay of
    9  eligibility for, driver license for persons 18 years of age or
   10  older convicted of certain drug offenses.—
   11         (1) Notwithstanding s. 322.28, upon the conviction of a
   12  person 18 years of age or older for possession or sale of,
   13  trafficking in, or conspiracy to possess, sell, or traffic in a
   14  controlled substance, the court shall direct the department to
   15  revoke the driver license or driving privilege of the person.
   16  The period of such revocation shall be 6 months 1 year or until
   17  the person is evaluated for and, if deemed necessary by the
   18  evaluating agency, completes a drug treatment and rehabilitation
   19  program approved or regulated by the Department of Children and
   20  Families. However, the court may, in its sound discretion,
   21  direct the department to issue a license for driving privilege
   22  restricted to business or employment purposes only, as defined
   23  by s. 322.271, if the person is otherwise qualified for such a
   24  license. A driver whose license or driving privilege has been
   25  suspended or revoked under this section or s. 322.056 may, upon
   26  the expiration of 6 months, petition the department for
   27  restoration of the driving privilege on a restricted or
   28  unrestricted basis depending on length of suspension or
   29  revocation. In no case shall A restricted license may not be
   30  available until 6 months of the suspension or revocation period
   31  has been completed expired.
   32         (2) If a person 18 years of age or older is convicted for
   33  the possession or sale of, trafficking in, or conspiracy to
   34  possess, sell, or traffic in a controlled substance and such
   35  person is eligible by reason of age for a driver license or
   36  privilege, the court shall direct the department to withhold
   37  issuance of such person’s driver license or driving privilege
   38  for a period of 6 months 1 year after the date the person was
   39  convicted or until the person is evaluated for and, if deemed
   40  necessary by the evaluating agency, completes a drug treatment
   41  and rehabilitation program approved or regulated by the
   42  Department of Children and Families. However, the court may, in
   43  its sound discretion, direct the department to issue a license
   44  for driving privilege restricted to business or employment
   45  purposes only, as defined by s. 322.271, if the person is
   46  otherwise qualified for such a license. A driver whose license
   47  or driving privilege has been suspended or revoked under this
   48  section or s. 322.056 may, upon the expiration of 6 months,
   49  petition the department for restoration of the driving privilege
   50  on a restricted or unrestricted basis depending on the length of
   51  suspension or revocation. In no case shall A restricted license
   52  may not be available until 6 months of the withholding
   53  suspension or revocation period has been completed expired.
   54         (3) If a person 18 years of age or older is convicted for
   55  the possession or sale of, trafficking in, or conspiracy to
   56  possess, sell, or traffic in a controlled substance and such
   57  person’s driver license or driving privilege is already under
   58  suspension or revocation for any reason, the court shall direct
   59  the department to extend the period of such suspension or
   60  revocation by an additional period of 6 months 1 year or until
   61  the person is evaluated for and, if deemed necessary by the
   62  evaluating agency, completes a drug treatment and rehabilitation
   63  program approved or regulated by the Department of Children and
   64  Families. However, the court may, in its sound discretion,
   65  direct the department to issue a license for driving privilege
   66  restricted to business or employment purposes only, as defined
   67  by s. 322.271, if the person is otherwise qualified for such a
   68  license. A driver whose license or driving privilege has been
   69  suspended or revoked under this section or s. 322.056 may, upon
   70  the expiration of 6 months, petition the department for
   71  restoration of the driving privilege on a restricted or
   72  unrestricted basis depending on the length of suspension or
   73  revocation. In no case shall A restricted license may not be
   74  available until 6 months of the suspension or revocation period
   75  has been completed expired.
   76         (4) If a person 18 years of age or older is convicted for
   77  the possession or sale of, trafficking in, or conspiracy to
   78  possess, sell, or traffic in a controlled substance and such
   79  person is ineligible by reason of age for a driver license or
   80  driving privilege, the court shall direct the department to
   81  withhold issuance of such person’s driver license or driving
   82  privilege for a period of 6 months 1 year after the date that he
   83  or she would otherwise have become eligible or until he or she
   84  becomes eligible by reason of age for a driver license and is
   85  evaluated for and, if deemed necessary by the evaluating agency,
   86  completes a drug treatment and rehabilitation program approved
   87  or regulated by the Department of Children and Families.
   88  However, the court may, in its sound discretion, direct the
   89  department to issue a license for driving privilege restricted
   90  to business or employment purposes only, as defined by s.
   91  322.271, if the person is otherwise qualified for such a
   92  license. A driver whose license or driving privilege has been
   93  suspended or revoked under this section or s. 322.056 may, upon
   94  the expiration of 6 months, petition the department for
   95  restoration of the driving privilege on a restricted or
   96  unrestricted basis depending on the length of suspension or
   97  revocation. In no case shall A restricted license may not be
   98  available until 6 months of the withholding suspension or
   99  revocation period has been completed expired.
  100         Section 5. Section 322.056, Florida Statutes, is amended to
  101  read:
  102         322.056 Mandatory revocation or suspension of, or delay of
  103  eligibility for, driver license for persons under age 18 found
  104  guilty of certain alcohol, drug, or tobacco offenses;
  105  prohibition.—
  106         (1) Notwithstanding the provisions of s. 322.055, if a
  107  person under 18 years of age is found guilty of or delinquent
  108  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  109  and:
  110         (a) The person is eligible by reason of age for a driver
  111  license or driving privilege, the court shall direct the
  112  department to revoke or to withhold issuance of his or her
  113  driver license or driving privilege for a period of 6 months.:
  114         1. Not less than 6 months and not more than 1 year for the
  115  first violation.
  116         2. Two years, for a subsequent violation.
  117         (b) The person’s driver license or driving privilege is
  118  under suspension or revocation for any reason, the court shall
  119  direct the department to extend the period of suspension or
  120  revocation by an additional period of 6 months.:
  121         1. Not less than 6 months and not more than 1 year for the
  122  first violation.
  123         2. Two years, for a subsequent violation.
  124         (c) The person is ineligible by reason of age for a driver
  125  license or driving privilege, the court shall direct the
  126  department to withhold issuance of his or her driver license or
  127  driving privilege for a period of:
  128         1. Not less than 6 months and not more than 1 year after
  129  the date on which he or she would otherwise have become
  130  eligible, for the first violation.
  131         2. Two years after the date on which he or she would
  132  otherwise have become eligible, for a subsequent violation.
  133  
  134  However, the court may, in its sound discretion, direct the
  135  department to issue a license for driving privileges restricted
  136  to business or employment purposes only, as defined in s.
  137  322.271, if the person is otherwise qualified for such a
  138  license.
  139         (2) If a person under 18 years of age is found by the court
  140  to have committed a noncriminal violation under s. 569.11 or s.
  141  877.112(6) or (7) and that person has failed to comply with the
  142  procedures established in that section by failing to fulfill
  143  community service requirements, failing to pay the applicable
  144  fine, or failing to attend a locally available school-approved
  145  anti-tobacco program, and:
  146         (a) The person is eligible by reason of age for a driver
  147  license or driving privilege, the court shall direct the
  148  department to revoke or to withhold issuance of his or her
  149  driver license or driving privilege as follows:
  150         1. For the first violation, for 30 days.
  151         2. For the second violation within 12 weeks of the first
  152  violation, for 45 days.
  153         (b) The person’s driver license or driving privilege is
  154  under suspension or revocation for any reason, the court shall
  155  direct the department to extend the period of suspension or
  156  revocation by an additional period as follows:
  157         1. For the first violation, for 30 days.
  158         2. For the second violation within 12 weeks of the first
  159  violation, for 45 days.
  160         (c) The person is ineligible by reason of age for a driver
  161  license or driving privilege, the court shall direct the
  162  department to withhold issuance of his or her driver license or
  163  driving privilege as follows:
  164         1. For the first violation, for 30 days.
  165         2. For the second violation within 12 weeks of the first
  166  violation, for 45 days.
  167  
  168  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  169  within the 12-week period after the first violation will be
  170  treated as a first violation and in the same manner as provided
  171  in this subsection.
  172         (3) If a person under 18 years of age is found by the court
  173  to have committed a third violation of s. 569.11 or s.
  174  877.112(6) or (7) within 12 weeks of the first violation, the
  175  court must direct the Department of Highway Safety and Motor
  176  Vehicles to suspend or withhold issuance of his or her driver
  177  license or driving privilege for 60 consecutive days. Any third
  178  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  179  12-week period after the first violation will be treated as a
  180  first violation and in the same manner as provided in subsection
  181  (2).
  182         (2)(4) A penalty imposed under this section shall be in
  183  addition to any other penalty imposed by law.
  184         (5) The suspension or revocation of a person’s driver
  185  license imposed pursuant to subsection (2) or subsection (3),
  186  shall not result in or be cause for an increase of the convicted
  187  person’s, or his or her parent’s or legal guardian’s, automobile
  188  insurance rate or premium or result in points assessed against
  189  the person’s driving record.
  190         Section 6. Section 322.057, Florida Statutes, is repealed.
  191         Section 7.  Subsection (3) of section 322.09, Florida
  192  Statutes, is amended, to read:
  193         322.09 Application of minors; responsibility for negligence
  194  or misconduct of minor.—
  195         (3) The department may not issue a driver license or
  196  learner’s driver license to any applicant under the age of 18
  197  years who is not in compliance with the requirements of s.
  198  322.091.
  199         Section 8. Section 322.091, Florida Statutes, is repealed.
  200         Section 9. Subsection (7) of section 322.251, Florida
  201  Statutes, is repealed.
  202         Section 10. Subsection (8) is added to section 322.271,
  203  Florida Statutes, to read:
  204         322.271 Authority to modify revocation, cancellation, or
  205  suspension order.—
  206         (8) A person whose driver license or privilege to drive has
  207  been suspended under s. 318.15 or s. 322.245, with the exception
  208  of any suspension related to s. 61.13016, may have his or her
  209  driver license or driving privilege reinstated on a restricted
  210  basis by the department in accordance with this section. The
  211  restricted license is valid until the 7-year suspension period
  212  ends as provided in s. 318.15 or until the debt is paid.
  213         Section 11. Subsection (10) of section 322.34, Florida
  214  Statutes, is amended to read:
  215         322.34 Driving while license suspended, revoked, canceled,
  216  or disqualified.—
  217         (10)(a) Notwithstanding any other provision of this
  218  section, if a person does not have a prior forcible felony
  219  conviction as defined in s. 776.08, the penalties provided in
  220  paragraph (b) apply if a person’s driver license or driving
  221  privilege is canceled, suspended, or revoked for:
  222         1. Failing to pay child support as provided in s. 322.245
  223  or s. 61.13016;
  224         2. Failing to pay any other financial obligation as
  225  provided in s. 322.245 other than those specified in s.
  226  322.245(1);
  227         3. Failing to comply with a civil penalty required in s.
  228  318.15;
  229         4. Failing to maintain vehicular financial responsibility
  230  as required by chapter 324; or
  231         5. Failing to comply with attendance or other requirements
  232  for minors as set forth in s. 322.091; or
  233         5.6. Having been designated a habitual traffic offender
  234  under s. 322.264(1)(d) as a result of suspensions of his or her
  235  driver license or driver privilege for any underlying violation
  236  listed in subparagraphs 1.-4. 1.-5.
  237         (b)1. Upon a first conviction for knowingly driving while
  238  his or her license is suspended, revoked, or canceled for any of
  239  the underlying violations listed in subparagraphs (a)1.-5.
  240  (a)1.-6., a person commits a misdemeanor of the second degree,
  241  punishable as provided in s. 775.082 or s. 775.083.
  242         2. Upon a second or subsequent conviction for the same
  243  offense of knowingly driving while his or her license is
  244  suspended, revoked, or canceled for any of the underlying
  245  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  246  commits a misdemeanor of the first degree, punishable as
  247  provided in s. 775.082 or s. 775.083.
  248         Section 12. Paragraph (a) of subsection (1) and paragraph
  249  (c) of subsection (2) of section 562.11, Florida Statutes, are
  250  amended to read:
  251         562.11 Selling, giving, or serving alcoholic beverages to
  252  person under age 21; providing a proper name; misrepresenting or
  253  misstating age or age of another to induce licensee to serve
  254  alcoholic beverages to person under 21; penalties.—
  255         (1)(a)1. A person may not sell, give, serve, or permit to
  256  be served alcoholic beverages to a person under 21 years of age
  257  or permit a person under 21 years of age to consume such
  258  beverages on the licensed premises. A person who violates this
  259  paragraph subparagraph commits a misdemeanor of the second
  260  degree, punishable as provided in s. 775.082 or s. 775.083. A
  261  person who violates this paragraph subparagraph a second or
  262  subsequent time within 1 year after a prior conviction commits a
  263  misdemeanor of the first degree, punishable as provided in s.
  264  775.082 or s. 775.083.
  265         2. In addition to any other penalty imposed for a violation
  266  of subparagraph 1., the court may order the Department of
  267  Highway Safety and Motor Vehicles to withhold the issuance of,
  268  or suspend or revoke, the driver license or driving privilege,
  269  as provided in s. 322.057, of any person who violates
  270  subparagraph 1. This subparagraph does not apply to a licensee,
  271  as defined in s. 561.01, who violates subparagraph 1. while
  272  acting within the scope of his or her license or an employee or
  273  agent of a licensee, as defined in s. 561.01, who violates
  274  subparagraph 1. while engaged within the scope of his or her
  275  employment or agency.
  276         3. A court that withholds the issuance of, or suspends or
  277  revokes, the driver license or driving privilege of a person
  278  pursuant to subparagraph 2. may direct the Department of Highway
  279  Safety and Motor Vehicles to issue the person a license for
  280  driving privilege restricted to business purposes only, as
  281  defined in s. 322.271, if he or she is otherwise qualified.
  282         (2) It is unlawful for any person to misrepresent or
  283  misstate his or her age or the age of any other person for the
  284  purpose of inducing any licensee or his or her agents or
  285  employees to sell, give, serve, or deliver any alcoholic
  286  beverages to a person under 21 years of age, or for any person
  287  under 21 years of age to purchase or attempt to purchase
  288  alcoholic beverages.
  289         (c) In addition to any other penalty imposed for a
  290  violation of this subsection, if a person uses a driver license
  291  or identification card issued by the Department of Highway
  292  Safety and Motor Vehicles in violation of this subsection, the
  293  court:
  294         1. may order the person to participate in public service or
  295  a community work project for a period not to exceed 40 hours;
  296  and
  297         2. Shall direct the Department of Highway Safety and Motor
  298  Vehicles to withhold issuance of, or suspend or revoke, the
  299  person’s driver license or driving privilege, as provided in s.
  300  322.056.
  301         Section 13. Subsection (3) of section 562.111, Florida
  302  Statutes, is repealed.
  303         Section 14. Subsections (1), (2), and (5) of section
  304  569.11, Florida Statutes, are amended to read:
  305         569.11 Possession, misrepresenting age or military service
  306  to purchase, and purchase of tobacco products by persons under
  307  18 years of age prohibited; penalties; jurisdiction; disposition
  308  of fines.—
  309         (1) It is unlawful for any person under 18 years of age to
  310  knowingly possess any tobacco product. Any person under 18 years
  311  of age who violates the provisions of this subsection commits a
  312  noncriminal violation as provided in s. 775.08(3), punishable
  313  by:
  314         (a) For a first violation, 16 hours of community service
  315  or, instead of community service, a $25 fine. In addition, the
  316  person must attend a school-approved anti-tobacco program, if
  317  locally available; or
  318         (b) For a second or subsequent violation within 12 weeks
  319  after of the first violation, a $25 fine.; or
  320         (c) For a third or subsequent violation within 12 weeks of
  321  the first violation, the court must direct the Department of
  322  Highway Safety and Motor Vehicles to withhold issuance of or
  323  suspend or revoke the person’s driver license or driving
  324  privilege, as provided in s. 322.056.
  325  
  326  Any second or subsequent violation not within the 12-week time
  327  period after the first violation is punishable as provided for a
  328  first violation.
  329         (2) It is unlawful for any person under 18 years of age to
  330  misrepresent his or her age or military service for the purpose
  331  of inducing a dealer or an agent or employee of the dealer to
  332  sell, give, barter, furnish, or deliver any tobacco product, or
  333  to purchase, or attempt to purchase, any tobacco product from a
  334  person or a vending machine. Any person under 18 years of age
  335  who violates a provision of this subsection commits a
  336  noncriminal violation as provided in s. 775.08(3), punishable
  337  by:
  338         (a) For a first violation, 16 hours of community service
  339  or, instead of community service, a $25 fine. and, In addition,
  340  the person must attend a school-approved anti-tobacco program,
  341  if locally available; or
  342         (b) For a second or subsequent violation within 12 weeks
  343  after of the first violation, a $25 fine.; or
  344         (c) For a third or subsequent violation within 12 weeks of
  345  the first violation, the court must direct the Department of
  346  Highway Safety and Motor Vehicles to withhold issuance of or
  347  suspend or revoke the person’s driver license or driving
  348  privilege, as provided in s. 322.056.
  349  
  350  Any second or subsequent violation not within the 12-week time
  351  period after the first violation is punishable as provided for a
  352  first violation.
  353         (5)(a) If a person under 18 years of age is found by the
  354  court to have committed a noncriminal violation under this
  355  section and that person has failed to complete community
  356  service, pay the fine as required by paragraph (1)(a) or
  357  paragraph (2)(a), or attend a school-approved anti-tobacco
  358  program, if locally available, the court may must direct the
  359  Department of Highway Safety and Motor Vehicles to withhold
  360  issuance of or suspend the driver license or driving privilege
  361  of that person for a period of 30 consecutive days.
  362         (b) If a person under 18 years of age is found by the court
  363  to have committed a noncriminal violation under this section and
  364  that person has failed to pay the applicable fine as required by
  365  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  366  the Department of Highway Safety and Motor Vehicles to withhold
  367  issuance of or suspend the driver license or driving privilege
  368  of that person for a period of 45 consecutive days.
  369         Section 15. Subsections (5) and (10) of section 790.22,
  370  Florida Statutes, are amended to read:
  371         790.22 Use of BB guns, air or gas-operated guns, or
  372  electric weapons or devices by minor under 16; limitation;
  373  possession of firearms by minor under 18 prohibited; penalties.—
  374         (5)(a) A minor who violates subsection (3) commits a
  375  misdemeanor of the first degree; for a first offense, may serve
  376  a period of detention of up to 3 days in a secure detention
  377  facility; and, in addition to any other penalty provided by law,
  378  shall be required to perform 100 hours of community service.;
  379  and:
  380         1. If the minor is eligible by reason of age for a driver
  381  license or driving privilege, the court shall direct the
  382  Department of Highway Safety and Motor Vehicles to revoke or to
  383  withhold issuance of the minor’s driver license or driving
  384  privilege for up to 1 year.
  385         2. If the minor’s driver license or driving privilege is
  386  under suspension or revocation for any reason, the court shall
  387  direct the Department of Highway Safety and Motor Vehicles to
  388  extend the period of suspension or revocation by an additional
  389  period of up to 1 year.
  390         3. If the minor is ineligible by reason of age for a driver
  391  license or driving privilege, the court shall direct the
  392  Department of Highway Safety and Motor Vehicles to withhold
  393  issuance of the minor’s driver license or driving privilege for
  394  up to 1 year after the date on which the minor would otherwise
  395  have become eligible.
  396         (b) For a second or subsequent offense, a minor who
  397  violates subsection (3) commits a felony of the third degree and
  398  shall serve a period of detention of up to 15 days in a secure
  399  detention facility and shall be required to perform not less
  400  than 100 or nor more than 250 hours of community service., and:
  401         1. If the minor is eligible by reason of age for a driver
  402  license or driving privilege, the court shall direct the
  403  Department of Highway Safety and Motor Vehicles to revoke or to
  404  withhold issuance of the minor’s driver license or driving
  405  privilege for up to 2 years.
  406         2. If the minor’s driver license or driving privilege is
  407  under suspension or revocation for any reason, the court shall
  408  direct the Department of Highway Safety and Motor Vehicles to
  409  extend the period of suspension or revocation by an additional
  410  period of up to 2 years.
  411         3. If the minor is ineligible by reason of age for a driver
  412  license or driving privilege, the court shall direct the
  413  Department of Highway Safety and Motor Vehicles to withhold
  414  issuance of the minor’s driver license or driving privilege for
  415  up to 2 years after the date on which the minor would otherwise
  416  have become eligible.
  417  
  418  For the purposes of this subsection, community service shall be
  419  performed, if possible, in a manner involving a hospital
  420  emergency room or other medical environment that deals on a
  421  regular basis with trauma patients and gunshot wounds.
  422         (10) If a minor is found to have committed an offense under
  423  subsection (9), the court shall impose the following penalties
  424  in addition to any penalty imposed under paragraph (9)(a) or
  425  paragraph (9)(b):
  426         (a) For a first offense:
  427         1. If the minor is eligible by reason of age for a driver
  428  license or driving privilege, the court shall direct the
  429  Department of Highway Safety and Motor Vehicles to revoke or to
  430  withhold issuance of the minor’s driver license or driving
  431  privilege for up to 1 year.
  432         2. If the minor’s driver license or driving privilege is
  433  under suspension or revocation for any reason, the court shall
  434  direct the Department of Highway Safety and Motor Vehicles to
  435  extend the period of suspension or revocation by an additional
  436  period for up to 1 year.
  437         3. If the minor is ineligible by reason of age for a driver
  438  license or driving privilege, the court shall direct the
  439  Department of Highway Safety and Motor Vehicles to withhold
  440  issuance of the minor’s driver license or driving privilege for
  441  up to 1 year after the date on which the minor would otherwise
  442  have become eligible.
  443         (b) For a second or subsequent offense:
  444         1. If the minor is eligible by reason of age for a driver
  445  license or driving privilege, the court shall direct the
  446  Department of Highway Safety and Motor Vehicles to revoke or to
  447  withhold issuance of the minor’s driver license or driving
  448  privilege for up to 2 years.
  449         2. If the minor’s driver license or driving privilege is
  450  under suspension or revocation for any reason, the court shall
  451  direct the Department of Highway Safety and Motor Vehicles to
  452  extend the period of suspension or revocation by an additional
  453  period for up to 2 years.
  454         3. If the minor is ineligible by reason of age for a driver
  455  license or driving privilege, the court shall direct the
  456  Department of Highway Safety and Motor Vehicles to withhold
  457  issuance of the minor’s driver license or driving privilege for
  458  up to 2 years after the date on which the minor would otherwise
  459  have become eligible.
  460         Section 16. Subsections (7) and (8) of section 806.13,
  461  Florida Statutes, are amended to read:
  462         806.13 Criminal mischief; penalties; penalty for minor.—
  463         (7) In addition to any other penalty provided by law, if a
  464  minor is found to have committed a delinquent act under this
  465  section for placing graffiti on any public property or private
  466  property, and:
  467         (a) The minor is eligible by reason of age for a driver
  468  license or driving privilege, the court shall direct the
  469  Department of Highway Safety and Motor Vehicles to revoke or
  470  withhold issuance of the minor’s driver license or driving
  471  privilege for not more than 1 year.
  472         (b) The minor’s driver license or driving privilege is
  473  under suspension or revocation for any reason, the court shall
  474  direct the Department of Highway Safety and Motor Vehicles to
  475  extend the period of suspension or revocation by an additional
  476  period of not more than 1 year.
  477         (c) The minor is ineligible by reason of age for a driver
  478  license or driving privilege, the court shall direct the
  479  Department of Highway Safety and Motor Vehicles to withhold
  480  issuance of the minor’s driver license or driving privilege for
  481  not more than 1 year after the date on which he or she would
  482  otherwise have become eligible.
  483         (8) A minor whose driver license or driving privilege is
  484  revoked, suspended, or withheld under subsection (7) may elect
  485  to reduce the period of revocation, suspension, or withholding
  486  by performing community service at the rate of 1 day for each
  487  hour of community service performed. In addition, if the court
  488  determines that due to a family hardship, the minor’s driver
  489  license or driving privilege is necessary for employment or
  490  medical purposes of the minor or a member of the minor’s family,
  491  the court shall order the minor to perform community service and
  492  reduce the period of revocation, suspension, or withholding at
  493  the rate of 1 day for each hour of community service performed.
  494  As used in this subsection, the term “community service” means
  495  cleaning graffiti from public property.
  496         Section 17. Section 812.0155, Florida Statutes, is
  497  repealed.
  498         Section 18. Section 832.09, Florida Statutes, is repealed.
  499         Section 19. Paragraph (a) of subsection (3) of section
  500  847.0141, Florida Statutes, is amended to read:
  501         847.0141 Sexting; prohibited acts; penalties.—
  502         (3) A minor who violates subsection (1):
  503         (a) Commits a noncriminal violation for a first violation.
  504  The minor must sign and accept a citation indicating a promise
  505  to appear before the juvenile court. In lieu of appearing in
  506  court, the minor may complete 8 hours of community service work,
  507  pay a $60 civil penalty, or participate in a cyber-safety
  508  program if such a program is locally available. The minor must
  509  satisfy any penalty within 30 days after receipt of the
  510  citation.
  511         1. A citation issued to a minor under this subsection must
  512  be in a form prescribed by the issuing law enforcement agency,
  513  must be signed by the minor, and must contain all of the
  514  following:
  515         a. The date and time of issuance.
  516         b. The name and address of the minor to whom the citation
  517  is issued.
  518         c. A thumbprint of the minor to whom the citation is
  519  issued.
  520         d. Identification of the noncriminal violation and the time
  521  it was committed.
  522         e. The facts constituting reasonable cause.
  523         f. The specific section of law violated.
  524         g. The name and authority of the citing officer.
  525         h. The procedures that the minor must follow to contest the
  526  citation, perform the required community service, pay the civil
  527  penalty, or participate in a cyber-safety program.
  528         2. If the citation is contested and the court determines
  529  that the minor committed a noncriminal violation under this
  530  section, the court may order the minor to perform 8 hours of
  531  community service, pay a $60 civil penalty, or participate in a
  532  cyber-safety program, or any combination thereof.
  533         3. A minor who fails to comply with the citation waives his
  534  or her right to contest it, and the court may impose any of the
  535  penalties identified in subparagraph 2. or issue an order to
  536  show cause. Upon a finding of contempt, the court may impose
  537  additional age-appropriate penalties, which may include issuance
  538  of an order to the Department of Highway Safety and Motor
  539  Vehicles to withhold issuance of, or suspend the driver license
  540  or driving privilege of, the minor for 30 consecutive days.
  541  However, the court may not impose incarceration.
  542         Section 20. Subsections (6) and (7) and paragraphs (c) and
  543  (d) of subsection (8) of section 877.112, Florida Statutes, are
  544  amended to read:
  545         877.112 Nicotine products and nicotine dispensing devices;
  546  prohibitions for minors; penalties; civil fines; signage
  547  requirements; preemption.—
  548         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  549  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  550  person under 18 years of age to knowingly possess any nicotine
  551  product or a nicotine dispensing device. Any person under 18
  552  years of age who violates this subsection commits a noncriminal
  553  violation as defined in s. 775.08(3), punishable by:
  554         (a) For a first violation, 16 hours of community service
  555  or, instead of community service, a $25 fine. In addition, the
  556  person must attend a school-approved anti-tobacco and nicotine
  557  program, if locally available; or
  558         (b) For a second or subsequent violation within 12 weeks
  559  after of the first violation, a $25 fine.; or
  560         (c) For a third or subsequent violation within 12 weeks of
  561  the first violation, the court must direct the Department of
  562  Highway Safety and Motor Vehicles to withhold issuance of or
  563  suspend or revoke the person’s driver license or driving
  564  privilege, as provided in s. 322.056.
  565  
  566  Any second or subsequent violation not within the 12-week time
  567  period after the first violation is punishable as provided for a
  568  first violation.
  569         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  570  any person under 18 years of age to misrepresent his or her age
  571  or military service for the purpose of inducing a retailer of
  572  nicotine products or nicotine dispensing devices or an agent or
  573  employee of such retailer to sell, give, barter, furnish, or
  574  deliver any nicotine product or nicotine dispensing device, or
  575  to purchase, or attempt to purchase, any nicotine product or
  576  nicotine dispensing device from a person or a vending machine.
  577  Any person under 18 years of age who violates this subsection
  578  commits a noncriminal violation as defined in s. 775.08(3),
  579  punishable by:
  580         (a) For a first violation, 16 hours of community service
  581  or, instead of community service, a $25 fine. and, In addition,
  582  the person must attend a school-approved anti-tobacco and
  583  nicotine program, if locally available; or
  584         (b) For a second or subsequent violation within 12 weeks of
  585  the first violation, a $25 fine.; or
  586         (c) For a third or subsequent violation within 12 weeks of
  587  the first violation, the court must direct the Department of
  588  Highway Safety and Motor Vehicles to withhold issuance of or
  589  suspend or revoke the person’s driver license or driving
  590  privilege, as provided in s. 322.056.
  591  
  592  Any second or subsequent violation not within the 12-week time
  593  period after the first violation is punishable as provided for a
  594  first violation.
  595         (8) PENALTIES FOR MINORS.—
  596         (c) If a person under 18 years of age is found by the court
  597  to have committed a noncriminal violation under this section and
  598  that person has failed to complete community service, pay the
  599  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  600  attend a school-approved anti-tobacco and nicotine program, if
  601  locally available, the court may must direct the Department of
  602  Highway Safety and Motor Vehicles to withhold issuance of or
  603  suspend the driver license or driving privilege of that person
  604  for 30 consecutive days.
  605         (d) If a person under 18 years of age is found by the court
  606  to have committed a noncriminal violation under this section and
  607  that person has failed to pay the applicable fine as required by
  608  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  609  the Department of Highway Safety and Motor Vehicles to withhold
  610  issuance of or suspend the driver license or driving privilege
  611  of that person for 45 consecutive days.
  612         Section 21. Subsection (2) of section 1003.27, Florida
  613  Statutes, is amended to read:
  614         1003.27 Court procedure and penalties.—The court procedure
  615  and penalties for the enforcement of the provisions of this
  616  part, relating to compulsory school attendance, shall be as
  617  follows:
  618         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
  619         (a) In each case of nonenrollment or of nonattendance upon
  620  the part of a student who is required to attend some school,
  621  when no valid reason for such nonenrollment or nonattendance is
  622  found, the district school superintendent shall institute a
  623  criminal prosecution against the student’s parent.
  624         (b) Each public school principal or the principal’s
  625  designee shall notify the district school board of each minor
  626  student under its jurisdiction who accumulates 15 unexcused
  627  absences in a period of 90 calendar days. Each designee of the
  628  governing body of each private school, and each parent whose
  629  child is enrolled in a home education program, may provide the
  630  Department of Highway Safety and Motor Vehicles with the legal
  631  name, sex, date of birth, and social security number of each
  632  minor student under his or her jurisdiction who fails to satisfy
  633  relevant attendance requirements and who fails to otherwise
  634  satisfy the requirements of s. 322.091. The district school
  635  superintendent must provide the Department of Highway Safety and
  636  Motor Vehicles the legal name, sex, date of birth, and social
  637  security number of each minor student who has been reported
  638  under this paragraph and who fails to otherwise satisfy the
  639  requirements of s. 322.091. The Department of Highway Safety and
  640  Motor Vehicles may not issue a driver license or learner’s
  641  driver license to, and shall suspend any previously issued
  642  driver license or learner’s driver license of, any such minor
  643  student, pursuant to the provisions of s. 322.091.
  644         Section 22. Paragraph (a) of subsection (10) of section
  645  318.14, Florida Statutes, is amended to read:
  646         318.14 Noncriminal traffic infractions; exception;
  647  procedures.—
  648         (10)(a) Any person who does not hold a commercial driver
  649  license or commercial learner’s permit and who is cited while
  650  driving a noncommercial motor vehicle for an offense listed
  651  under this subsection may, in lieu of payment of fine or court
  652  appearance, elect to enter a plea of nolo contendere and provide
  653  proof of compliance to the clerk of the court, designated
  654  official, or authorized operator of a traffic violations bureau.
  655  In such case, adjudication shall be withheld; however, a person
  656  may not make an election under this subsection if the person has
  657  made an election under this subsection in the preceding 12
  658  months. A person may not make more than three elections under
  659  this subsection. This subsection applies to the following
  660  offenses:
  661         1. Operating a motor vehicle without a valid driver license
  662  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  663  operating a motor vehicle with a license that has been suspended
  664  for failure to appear, failure to pay civil penalty, or failure
  665  to attend a driver improvement course pursuant to s. 322.291.
  666         2. Operating a motor vehicle without a valid registration
  667  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  668         3. Operating a motor vehicle in violation of s. 316.646.
  669         4. Operating a motor vehicle with a license that has been
  670  suspended under s. 61.13016 or s. 322.245 for failure to pay
  671  child support or for failure to pay any other financial
  672  obligation as provided in s. 322.245; however, this subparagraph
  673  does not apply if the license has been suspended pursuant to s.
  674  322.245(1).
  675         5. Operating a motor vehicle with a license that has been
  676  suspended under s. 322.091 for failure to meet school attendance
  677  requirements.
  678         Section 23. Subsections (1) and (2) of section 322.05,
  679  Florida Statutes, are amended to read:
  680         322.05 Persons not to be licensed.—The department may not
  681  issue a license:
  682         (1) To a person who is under the age of 16 years, except
  683  that the department may issue a learner’s driver license to a
  684  person who is at least 15 years of age and who meets the
  685  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
  686  other applicable law or rule.
  687         (2) To a person who is at least 16 years of age but is
  688  under 18 years of age unless the person meets the requirements
  689  of s. 322.091 and holds a valid:
  690         (a) Learner’s driver license for at least 12 months, with
  691  no moving traffic convictions, before applying for a license;
  692         (b) Learner’s driver license for at least 12 months and who
  693  has a moving traffic conviction but elects to attend a traffic
  694  driving school for which adjudication must be withheld pursuant
  695  to s. 318.14; or
  696         (c) License that was issued in another state or in a
  697  foreign jurisdiction and that would not be subject to suspension
  698  or revocation under the laws of this state.
  699         Section 24. Paragraph (b) of subsection (5) of section
  700  322.27, Florida Statutes, is amended to read:
  701         322.27 Authority of department to suspend or revoke driver
  702  license or identification card.—
  703         (5)
  704         (b) If a person whose driver license has been revoked under
  705  paragraph (a) as a result of a third violation of driving a
  706  motor vehicle while his or her license is suspended or revoked
  707  provides proof of compliance for an offense listed in s.
  708  318.14(10)(a)1.-4. s. 318.14(10)(a)1.-5., the clerk of court
  709  shall submit an amended disposition to remove the habitual
  710  traffic offender designation.
  711         Section 25. Subsection (9) of section 1003.01, Florida
  712  Statutes, is amended to read:
  713         1003.01 Definitions.—As used in this chapter, the term:
  714         (9) “Dropout” means a student who meets any one or more of
  715  the following criteria:
  716         (a) The student has voluntarily removed himself or herself
  717  from the school system before graduation for reasons that
  718  include, but are not limited to, marriage, or the student has
  719  withdrawn from school because he or she has failed the statewide
  720  student assessment test and thereby does not receive any of the
  721  certificates of completion;
  722         (b) The student has not met the relevant attendance
  723  requirements of the school district pursuant to State Board of
  724  Education rules, or the student was expected to attend a school
  725  but did not enter as expected for unknown reasons, or the
  726  student’s whereabouts are unknown;
  727         (c) The student has withdrawn from school, but has not
  728  transferred to another public or private school or enrolled in
  729  any career, adult, home education, or alternative educational
  730  program;
  731         (d) The student has withdrawn from school due to hardship,
  732  unless such withdrawal has been granted because of under the
  733  provisions of s. 322.091, court action, expulsion, medical
  734  reasons, or pregnancy; or
  735         (e) The student is not eligible to attend school because of
  736  reaching the maximum age for an exceptional student program in
  737  accordance with the district’s policy.
  738  
  739  The State Board of Education may adopt rules to implement the
  740  provisions of this subsection.
  741  
  742  ================= T I T L E  A M E N D M E N T ================
  743  And the title is amended as follows:
  744         Delete line 4701
  745  and insert:
  746         otherwise provided; amending s. 322.055, F.S.;
  747         decreasing the period for revocation or suspension of,
  748         or delay of eligibility for, driver licenses or
  749         driving privileges for certain persons convicted of
  750         certain drug offenses; deleting provisions authorizing
  751         a driver to petition the Department of Highway Safety
  752         and Motor Vehicles for restoration of his or her
  753         driving privilege; amending s. 322.056, F.S.;
  754         decreasing the period for revocation or suspension of,
  755         or delay of eligibility for, driver licenses or
  756         driving privileges for certain persons found guilty of
  757         certain drug offenses; deleting a provision
  758         authorizing a court to direct the department to issue
  759         a license for certain restricted driving privileges
  760         under certain circumstances; deleting requirements
  761         relating to the revocation or suspension of, or delay
  762         of eligibility for, driver licenses or driving
  763         privileges for certain persons found guilty of certain
  764         alcohol or tobacco offenses; repealing s. 322.057,
  765         F.S., relating to discretionary revocation or
  766         suspension of a driver license for certain persons who
  767         provide alcohol to persons under a specified age;
  768         amending s. 322.09, F.S.; deleting a provision
  769         prohibiting the issuance of a driver license or
  770         learner’s driver license under certain circumstances;
  771         repealing s. 322.091, F.S., relating to attendance
  772         requirements for driving privileges; repealing s.
  773         322.251(7), F.S., relating to notice of suspension or
  774         revocation of driving privileges, reasons for
  775         reinstatement of such driving privileges, and certain
  776         electronic access to identify a person who is the
  777         subject of an outstanding warrant or capias for
  778         passing worthless bank checks; amending s. 322.271,
  779         F.S.; providing that a person whose driver license or
  780         privilege to drive has been suspended may have his or
  781         her driver license or driving privilege reinstated on
  782         a restricted basis under certain circumstances;
  783         providing the period of validity of such restricted
  784         license; amending s. 322.34, F.S.; revising the
  785         underlying violations resulting in driver license or
  786         driving privilege cancellation, suspension, or
  787         revocation for which specified penalties apply;
  788         amending s. 562.11, F.S.; revising penalties for
  789         selling, giving, serving, or permitting to be served
  790         alcoholic beverages to a person under a specified age
  791         or permitting such person to consume such beverages on
  792         licensed premises; revising penalties for
  793         misrepresenting or misstating age or age of another to
  794         induce a licensee to serve alcoholic beverages to a
  795         person under a specified age; conforming provisions to
  796         changes made by the act; repealing s. 562.111(3),
  797         F.S., relating to withholding issuance of, or
  798         suspending or revoking, a driver license or driving
  799         privilege for possession of alcoholic beverages by
  800         persons under a specified age; amending s. 569.11,
  801         F.S.; revising penalties for persons under a specified
  802         age who knowingly possess, misrepresent their age or
  803         military service to purchase, or purchase or attempt
  804         to purchase tobacco products; authorizing, rather than
  805         requiring, the court to direct the department to
  806         withhold issuance of or suspend a person’s driver
  807         license or driving privilege for certain violations;
  808         amending s. 790.22, F.S.; revising penalties relating
  809         to suspending, revoking, or withholding issuance of
  810         driver licenses or driving privileges for minors under
  811         a specified age who possess firearms under certain
  812         circumstances; deleting provisions relating to
  813         penalties for certain offenses involving the use or
  814         possession of a firearm by a minor under a specified
  815         age; amending s. 806.13, F.S.; deleting provisions
  816         relating to certain penalties for criminal mischief by
  817         a minor; repealing s. 812.0155, F.S., relating to
  818         suspension of a driver license following an
  819         adjudication of guilt for theft; repealing s. 832.09,
  820         F.S., relating to suspension of a driver license after
  821         warrant or capias is issued in worthless check cases;
  822         amending s. 847.0141, F.S.; deleting a provision
  823         authorizing a court, upon a certain finding of
  824         contempt, to issue an order to the department to
  825         withhold issuance of or suspend the driver license or
  826         driving privilege of a minor for a specified time;
  827         amending s. 877.112, F.S.; revising penalties for
  828         persons under a specified age who knowingly possess,
  829         misrepresent their age or military service to
  830         purchase, or purchase or attempt to purchase any
  831         nicotine product or nicotine dispensing device;
  832         authorizing, rather than requiring, the court to
  833         direct the department to withhold issuance of or
  834         suspend a person’s driver license or driving privilege
  835         for certain violations; amending s. 1003.27, F.S.;
  836         deleting provisions relating to procedures and
  837         penalties for nonenrollment and nonattendance cases;
  838         amending ss. 318.14, 322.05, 322.27, and 1003.01,
  839         F.S.; conforming cross-references; conforming
  840         provisions to changes made by the act; creating s.
  841         322.75, F.S.;