December 03, 2020
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       Florida Senate - 2010                      CS for CS for SB 1604
       
       
       
       By the Committees on Transportation and Economic Development
       Appropriations; and Transportation; and Senator Smith
       
       
       
       606-05209A-10                                         20101604c2
    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. 322.0261, F.S.; requiring the Department of Highway
   17         Safety and Motor Vehicles to identify persons who have
   18         committed violations of specific statutes and
   19         requiring such persons to complete a driver
   20         improvement course; requiring the department to send a
   21         notice to such persons; amending s. 322.331, F.S.;
   22         providing for the removal of the designation as a
   23         habitual traffic offender upon proof of compliance
   24         with certain statutory provisions; amending s. 322.34,
   25         F.S.; authorizing certain persons cited for specified
   26         offenses to enter a plea of nolo contendere and submit
   27         proof of compliance to the clerk of the court, a
   28         designated official, or an authorized operator of a
   29         traffic violations bureau; providing an effective
   30         date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (4) and paragraph (a) of subsection
   35  (10) of section 318.14, Florida Statutes, are amended to read:
   36         318.14 Noncriminal traffic infractions; exception;
   37  procedures.—
   38         (4)(a) Except as provided in subsection (12), any person
   39  charged with a noncriminal infraction under this section who
   40  does not elect to appear shall, within 30 days after the date of
   41  issuance of the citation:
   42         1. Pay the civil penalty and delinquent fee, if applicable,
   43  either by mail or in person; or
   44         2. Enter into a payment plan in accordance with s. 28.246
   45  with the clerk of the court to pay the civil penalty and
   46  delinquent fee, if applicable, within 30 days after the date of
   47  issuance of the citation.
   48         (b) If the person cited follows the procedures in paragraph
   49  (a) above procedure, he or she shall be deemed to have admitted
   50  the infraction and to have waived his or her right to a hearing
   51  on the issue of commission of the infraction. Such admission
   52  shall not be used as evidence in any other proceedings. Any
   53  person who is cited for a violation of s. 320.0605 or s.
   54  322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b)
   55  or s. 322.065, and who makes an election under this subsection
   56  shall submit proof of compliance with the applicable section to
   57  the clerk of the court. For the purposes of this subsection,
   58  proof of compliance consists of a valid driver’s license or a
   59  valid registration certificate.
   60         (10)(a) Any person who does not hold a commercial driver’s
   61  license and who is cited for an offense listed under this
   62  subsection may, in lieu of payment of fine or court appearance,
   63  elect to enter a plea of nolo contendere and submit provide
   64  proof of compliance to the clerk of the court, designated
   65  official, or authorized operator of a traffic violations bureau.
   66  In such case, adjudication shall be withheld; however, an no
   67  election may not shall be made under this subsection if such
   68  person has made an election under this subsection in the
   69  preceding 12 months preceding election hereunder. A No person
   70  may not make more than three elections under this subsection.
   71  This subsection applies to the following offenses:
   72         1. Operating a motor vehicle without a valid driver’s
   73  license in violation of the provisions of s. 322.03, s. 322.065,
   74  or s. 322.15(1), or operating a motor vehicle with a license
   75  that which has been suspended for failure to appear, failure to
   76  pay civil penalty, failure to pay any other financial obligation
   77  as provided in s. 322.245 other than those specified in s.
   78  322.245(1), or failure to attend a driver improvement course
   79  pursuant to s. 322.291.
   80         2. Operating a motor vehicle without a valid registration
   81  in violation of s. 320.0605, s. 320.07, or s. 320.131.
   82         3. Operating a motor vehicle in violation of s. 316.646.
   83         4. Operating a motor vehicle with a license that has been
   84  suspended for child support in violation of s. 322.245 or s.
   85  61.13016.
   86         5. Operating a motor vehicle with a license that has been
   87  suspended in violation of s. 322.091.
   88         Section 2. Section 318.15, Florida Statutes, is amended to
   89  read:
   90         318.15 Failure to comply with civil penalty or to appear;
   91  penalty.—
   92         (1)(a) If a person fails to comply with the civil penalties
   93  provided in s. 318.18 within the time period specified in s.
   94  318.14(4), fails to enter into or comply with the terms of a
   95  penalty payment plan with the clerk of the court in accordance
   96  with s. 318.14(4) or s. 28.246, fails to attend driver
   97  improvement school, or fails to appear at a scheduled hearing,
   98  the clerk of the court shall notify the Division of Driver
   99  Licenses of the Department of Highway Safety and Motor Vehicles
  100  of such failure within 10 days after such failure. Upon receipt
  101  of such notice, the department shall immediately issue an order
  102  suspending the driver’s license and privilege to drive of such
  103  person effective 20 days after the date the order of suspension
  104  is mailed in accordance with s. 322.251(1), (2), and (6). Any
  105  such suspension of the driving privilege which has not been
  106  reinstated, including a similar suspension imposed outside
  107  Florida, shall remain on the records of the department for a
  108  period of 7 years from the date imposed and shall be removed
  109  from the records after the expiration of 7 years from the date
  110  it is imposed.
  111         (b) However, a person who elects to attend driver
  112  improvement school and has paid the civil penalty as provided in
  113  s. 318.14(9), but who subsequently fails to attend the driver
  114  improvement school within the time specified by the court shall
  115  be deemed to have admitted the infraction and shall be
  116  adjudicated guilty. In such a case in which there was an 18
  117  percent reduction pursuant to s. 318.14(9) as it existed before
  118  February 1, 2009, the person must pay the clerk of the court
  119  that amount and a processing fee of up to $18, after which no
  120  additional penalties, court costs, or surcharges shall be
  121  imposed for the violation. In all other such cases, the person
  122  must pay the clerk a processing fee of up to $18, after which no
  123  additional penalties, court costs, or surcharges shall be
  124  imposed for the violation. The clerk of the court shall notify
  125  the department of the person’s failure to attend driver
  126  improvement school and points shall be assessed pursuant to s.
  127  322.27.
  128         (2) After the suspension of a person’s driver’s license and
  129  privilege to drive under subsection (1), the license and
  130  privilege may not be reinstated until the person complies with
  131  the terms of a periodic payment plan or a revised payment plan
  132  with the clerk of the court pursuant to s. 318.14 or s. 28.246
  133  or with all obligations and penalties imposed under s. 318.18
  134  and presents to a driver license office a certificate of
  135  compliance issued by the court, together with a nonrefundable
  136  service charge of $60 imposed under s. 322.29, or presents a
  137  certificate of compliance and pays the service charge to the
  138  clerk of the court or a driver licensing agent authorized under
  139  s. 322.135 clearing such suspension. Of the charge collected,
  140  $22.50 shall be remitted to the Department of Revenue to be
  141  deposited into the Highway Safety Operating Trust Fund. Such
  142  person must also be in compliance with requirements of chapter
  143  322 before reinstatement.
  144         Section 3. Subsection (4) of section 322.0261, Florida
  145  Statutes, is amended to read:
  146         322.0261 Driver improvement course; requirement to maintain
  147  driving privileges; failure to complete; department approval of
  148  course.—
  149         (4) The department shall identify any operator convicted
  150  of, or who pleaded nolo contendere to, a violation of s.
  151  316.074, s. 316.075, s. 316.123 s. 316.074(1), s.
  152  316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192, s.
  153  316.1925, or s. 316.614 and shall require that operator, in
  154  addition to other applicable penalties, to attend a department
  155  approved driver improvement course in order to maintain driving
  156  privileges. The department shall, within 10 days after receiving
  157  a report of a conviction or plea from the clerk of court, send
  158  notice to the operator of the requirement to attend a driver
  159  improvement course. If the operator fails to complete the course
  160  within 90 days after receiving notice from the department, the
  161  operator’s driver license shall be canceled by the department
  162  until the course is successfully completed.
  163         Section 4. Section 322.331, Florida Statutes, is amended to
  164  read:
  165         322.331 Habitual traffic offenders; restoration of
  166  license.—
  167         (1) At the expiration of 5 years from the date of license
  168  revocation, a person whose license has been revoked under s.
  169  322.27(5) may petition the department for restoration of driving
  170  privileges. Upon such petition and after investigation of the
  171  person’s qualification and fitness to drive, the department
  172  shall hold an administrative hearing to determine whether
  173  driving privileges shall be restored either on an unrestricted
  174  basis or on a restricted basis solely for business or employment
  175  purposes.
  176         (2) The clerk of the court shall submit an amended
  177  disposition to remove the designation as a habitual traffic
  178  offender when:
  179         (a) A person’s license has been revoked under s. 322.27(5)
  180  as a result of a third violation for driving a motor vehicle
  181  while his or her license is suspended or revoked;
  182         (b) The third violation occurred before July 1, 2010; and
  183         (c) The person submits proof of compliance as allowed by s.
  184  318.14(10)(a) before July 1, 2011.
  185         Section 5. Subsection (11) is added to section 322.34,
  186  Florida Statutes, to read:
  187         322.34 Driving while license suspended, revoked, canceled,
  188  or disqualified.—
  189         (11)(a) Any person who does not hold a commercial driver’s
  190  license and who is cited for an offense of knowingly driving
  191  while his or her license is suspended, revoked, or canceled for
  192  any of the underlying violations listed in paragraph (10)(a)
  193  may, in lieu of payment of fine or court appearance, elect to
  194  enter a plea of nolo contendere and submit proof of compliance
  195  to the clerk of the court, designated official, or authorized
  196  operator of a traffic violations bureau. In such case,
  197  adjudication shall be withheld; however, an election may not be
  198  made under this subsection if such person has made an election
  199  under this subsection in the preceding 12 months. A person may
  200  not make more than three elections under this subsection.
  201         (b) If adjudication is withheld under paragraph (a), such
  202  action is not a conviction.
  203         Section 6. This act shall take effect July 1, 2010.

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