December 03, 2020
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       Florida Senate - 2010                             CS for SB 1604
       
       
       
       By the Committee on Transportation; and Senator Smith
       
       
       
       
       596-03642-10                                          20101604c1
    1                        A bill to be entitled                      
    2         An act relating to penalties for violation of traffic
    3         laws; amending s. 318.14, F.S.; providing for a person
    4         charged with a noncriminal traffic infraction to make
    5         periodic payments when paying civil penalties and
    6         fees; providing for certain persons cited for
    7         specified offenses to submit proof of compliance to a
    8         designated official; providing alternative citation
    9         disposition procedures for the offense of operating a
   10         motor vehicle with a license that has been suspended
   11         for failure to pay certain financial obligations;
   12         amending s. 318.15, F.S.; providing for suspension of
   13         a driver’s license for failure to enter into or comply
   14         with the terms of a penalty payment plan; providing
   15         for reinstatement of the suspended license; amending
   16         s. 322.331, F.S.; providing for the removal of the
   17         designation as a habitual traffic offender upon proof
   18         of compliance with certain statutory provisions;
   19         amending s. 322.34, F.S.; authorizing certain persons
   20         cited for specified offenses to enter a plea of nolo
   21         contendere and submit proof of compliance to the clerk
   22         of the court, a designated official, or an authorized
   23         operator of a traffic violations bureau; providing an
   24         effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (4) and paragraph (a) of subsection
   29  (10) of section 318.14, Florida Statutes, are amended to read:
   30         318.14 Noncriminal traffic infractions; exception;
   31  procedures.—
   32         (4)(a) Except as provided in subsection (12), any person
   33  charged with a noncriminal infraction under this section who
   34  does not elect to appear shall, within 30 days after the date of
   35  issuance of the citation:
   36         1. Pay the civil penalty and delinquent fee, if applicable,
   37  either by mail or in person; or
   38         2. Enter into a payment plan in accordance with s. 28.246
   39  with the clerk of the court to pay the civil penalty and
   40  delinquent fee, if applicable, within 30 days after the date of
   41  issuance of the citation.
   42         (b) If the person cited follows the procedures in paragraph
   43  (a) above procedure, he or she shall be deemed to have admitted
   44  the infraction and to have waived his or her right to a hearing
   45  on the issue of commission of the infraction. Such admission
   46  shall not be used as evidence in any other proceedings. Any
   47  person who is cited for a violation of s. 320.0605 or s.
   48  322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b)
   49  or s. 322.065, and who makes an election under this subsection
   50  shall submit proof of compliance with the applicable section to
   51  the clerk of the court. For the purposes of this subsection,
   52  proof of compliance consists of a valid driver’s license or a
   53  valid registration certificate.
   54         (10)(a) Any person who does not hold a commercial driver’s
   55  license and who is cited for an offense listed under this
   56  subsection may, in lieu of payment of fine or court appearance,
   57  elect to enter a plea of nolo contendere and submit provide
   58  proof of compliance to the clerk of the court, designated
   59  official, or authorized operator of a traffic violations bureau.
   60  In such case, adjudication shall be withheld; however, an no
   61  election may not shall be made under this subsection if such
   62  person has made an election under this subsection in the
   63  preceding 12 months preceding election hereunder. A No person
   64  may not make more than three elections under this subsection.
   65  This subsection applies to the following offenses:
   66         1. Operating a motor vehicle without a valid driver’s
   67  license in violation of the provisions of s. 322.03, s. 322.065,
   68  or s. 322.15(1), or operating a motor vehicle with a license
   69  that which has been suspended for failure to appear, failure to
   70  pay civil penalty, failure to pay any other financial obligation
   71  as provided in s. 322.245 other than those specified in s.
   72  322.245(1), or failure to attend a driver improvement course
   73  pursuant to s. 322.291.
   74         2. Operating a motor vehicle without a valid registration
   75  in violation of s. 320.0605, s. 320.07, or s. 320.131.
   76         3. Operating a motor vehicle in violation of s. 316.646.
   77         4. Operating a motor vehicle with a license that has been
   78  suspended for child support in violation of s. 322.245 or s.
   79  61.13016.
   80         5. Operating a motor vehicle with a license that has been
   81  suspended in violation of s. 322.091.
   82         Section 2. Section 318.15, Florida Statutes, is amended to
   83  read:
   84         318.15 Failure to comply with civil penalty or to appear;
   85  penalty.—
   86         (1)(a) If a person fails to comply with the civil penalties
   87  provided in s. 318.18 within the time period specified in s.
   88  318.14(4), fails to enter into or comply with the terms of a
   89  penalty payment plan with the clerk of the court in accordance
   90  with s. 318.14(4) or s. 28.246, fails to attend driver
   91  improvement school, or fails to appear at a scheduled hearing,
   92  the clerk of the court shall notify the Division of Driver
   93  Licenses of the Department of Highway Safety and Motor Vehicles
   94  of such failure within 10 days after such failure. Upon receipt
   95  of such notice, the department shall immediately issue an order
   96  suspending the driver’s license and privilege to drive of such
   97  person effective 20 days after the date the order of suspension
   98  is mailed in accordance with s. 322.251(1), (2), and (6). Any
   99  such suspension of the driving privilege which has not been
  100  reinstated, including a similar suspension imposed outside
  101  Florida, shall remain on the records of the department for a
  102  period of 7 years from the date imposed and shall be removed
  103  from the records after the expiration of 7 years from the date
  104  it is imposed.
  105         (b) However, a person who elects to attend driver
  106  improvement school and has paid the civil penalty as provided in
  107  s. 318.14(9), but who subsequently fails to attend the driver
  108  improvement school within the time specified by the court shall
  109  be deemed to have admitted the infraction and shall be
  110  adjudicated guilty. In such a case in which there was an 18
  111  percent reduction pursuant to s. 318.14(9) as it existed before
  112  February 1, 2009, the person must pay the clerk of the court
  113  that amount and a processing fee of up to $18, after which no
  114  additional penalties, court costs, or surcharges shall be
  115  imposed for the violation. In all other such cases, the person
  116  must pay the clerk a processing fee of up to $18, after which no
  117  additional penalties, court costs, or surcharges shall be
  118  imposed for the violation. The clerk of the court shall notify
  119  the department of the person’s failure to attend driver
  120  improvement school and points shall be assessed pursuant to s.
  121  322.27.
  122         (2) After the suspension of a person’s driver’s license and
  123  privilege to drive under subsection (1), the license and
  124  privilege may not be reinstated until the person complies with
  125  the terms of a periodic payment plan or a revised payment plan
  126  with the clerk of the court pursuant to s. 318.14 or s. 28.246
  127  or with all obligations and penalties imposed under s. 318.18
  128  and presents to a driver license office a certificate of
  129  compliance issued by the court, together with a nonrefundable
  130  service charge of $60 imposed under s. 322.29, or presents a
  131  certificate of compliance and pays the service charge to the
  132  clerk of the court or a driver licensing agent authorized under
  133  s. 322.135 clearing such suspension. Of the charge collected,
  134  $22.50 shall be remitted to the Department of Revenue to be
  135  deposited into the Highway Safety Operating Trust Fund. Such
  136  person must also be in compliance with requirements of chapter
  137  322 before reinstatement.
  138         Section 3. Section 322.331, Florida Statutes, is amended to
  139  read:
  140         322.331 Habitual traffic offenders; restoration of
  141  license.—
  142         (1) At the expiration of 5 years from the date of license
  143  revocation, a person whose license has been revoked under s.
  144  322.27(5) may petition the department for restoration of driving
  145  privileges. Upon such petition and after investigation of the
  146  person’s qualification and fitness to drive, the department
  147  shall hold an administrative hearing to determine whether
  148  driving privileges shall be restored either on an unrestricted
  149  basis or on a restricted basis solely for business or employment
  150  purposes.
  151         (2) The clerk of the court shall submit an amended
  152  disposition to remove the designation as a habitual traffic
  153  offender when:
  154         (a) A person’s license has been revoked under s. 322.27(5)
  155  as a result of a third violation for driving a motor vehicle
  156  while his or her license is suspended or revoked;
  157         (b) The third violation occurred before July 1, 2010; and
  158         (c) The person submits proof of compliance as allowed by s.
  159  318.14(10)(a) before July 1, 2011.
  160         Section 4. Subsection (11) is added to section 322.34,
  161  Florida Statutes, to read:
  162         322.34 Driving while license suspended, revoked, canceled,
  163  or disqualified.—
  164         (11)(a) Any person who does not hold a commercial driver’s
  165  license and who is cited for an offense of knowingly driving
  166  while his or her license is suspended, revoked, or canceled for
  167  any of the underlying violations listed in paragraph (10)(a)
  168  may, in lieu of payment of fine or court appearance, elect to
  169  enter a plea of nolo contendere and submit proof of compliance
  170  to the clerk of the court, designated official, or authorized
  171  operator of a traffic violations bureau. In such case,
  172  adjudication shall be withheld; however, an election may not be
  173  made under this subsection if such person has made an election
  174  under this subsection in the preceding 12 months. A person may
  175  not make more than three elections under this subsection.
  176         (b) If adjudication is withheld under paragraph (a), such
  177  action is not a conviction.
  178         Section 5. This act shall take effect July 1, 2010.

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