Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1272
       
       
       
       
       
       
                                Ì442206zÎ442206                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2014           .                                
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       Economic Development (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1286 and 1287
    4  insert:
    5         Section 22. Section 61.13016, Florida Statutes, is amended
    6  to read:
    7         61.13016 Suspension of driver driver’s licenses and motor
    8  vehicle registrations.—
    9         (1) The driver driver’s license and motor vehicle
   10  registration of a support obligor who is delinquent in payment
   11  or who has failed to comply with subpoenas or a similar order to
   12  appear or show cause relating to paternity or support
   13  proceedings may be suspended. When an obligor is 15 days
   14  delinquent making a payment in support or failure to comply with
   15  a subpoena, order to appear, order to show cause, or similar
   16  order in IV-D cases, the Title IV-D agency may provide notice to
   17  the obligor of the delinquency or failure to comply with a
   18  subpoena, order to appear, order to show cause, or similar order
   19  and the intent to suspend by regular United States mail that is
   20  posted to the obligor’s last address of record with the
   21  Department of Highway Safety and Motor Vehicles. When an obligor
   22  is 15 days delinquent in making a payment in support in non-IV-D
   23  cases, and upon the request of the obligee, the depository or
   24  the clerk of the court must provide notice to the obligor of the
   25  delinquency and the intent to suspend by regular United States
   26  mail that is posted to the obligor’s last address of record with
   27  the Department of Highway Safety and Motor Vehicles. In either
   28  case, the notice must state:
   29         (a) The terms of the order creating the support obligation;
   30         (b) The period of the delinquency and the total amount of
   31  the delinquency as of the date of the notice or describe the
   32  subpoena, order to appear, order to show cause, or other similar
   33  order that which has not been complied with;
   34         (c) That notification will be given to the Department of
   35  Highway Safety and Motor Vehicles to suspend the obligor’s
   36  driver driver’s license and motor vehicle registration unless,
   37  within 20 days after the date that the notice is mailed, the
   38  obligor:
   39         1.a. Pays the delinquency in full and any other costs and
   40  fees accrued between the date of the notice and the date the
   41  delinquency is paid;
   42         b. Enters into a written agreement for payment with the
   43  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
   44  cases; or in IV-D cases, complies with a subpoena or order to
   45  appear, order to show cause, or a similar order; or
   46         c. Files a petition with the circuit court to contest the
   47  delinquency action; and
   48         d. Demonstrates that he or she receives reemployment
   49  assistance or unemployment compensation pursuant to chapter 443;
   50         e. Demonstrates that he or she is disabled and incapable of
   51  self-support or that he or she receives benefits under the
   52  federal Supplemental Security Income or Social Security
   53  Disability Insurance programs;
   54         f. Demonstrates that he or she receives temporary cash
   55  assistance pursuant to chapter 414; or
   56         g. Demonstrates that he or she is making payments in
   57  accordance with a confirmed bankruptcy plan under chapter 11,
   58  chapter 12, or chapter 13 of the United States Bankruptcy Code,
   59  11 U.S.C. ss. 101 et seq.; and
   60         2. Pays any applicable delinquency fees.
   61  
   62  If an the obligor in a non-IV-D case cases enters into a written
   63  agreement for payment before the expiration of the 20-day
   64  period, the obligor must provide a copy of the signed written
   65  agreement to the depository or the clerk of the court. If an
   66  obligor seeks to satisfy sub-subparagraph 1.d., sub-subparagraph
   67  1.e., sub-subparagraph 1.f., or sub-subparagraph 1.g. before
   68  expiration of the 20-day period, the obligor must provide the
   69  applicable documentation or proof to the depository or the clerk
   70  of the court.
   71         (2)(a) Upon petition filed by the obligor in the circuit
   72  court within 20 days after the mailing date of the notice, the
   73  court may, in its discretion, direct the department to issue a
   74  license for driving privilege privileges restricted to business
   75  purposes only, as defined by s. 322.271, if the person is
   76  otherwise qualified for such a license. As a condition for the
   77  court to exercise its discretion under this subsection, the
   78  obligor must agree to a schedule of payment on any child support
   79  arrearages and to maintain current child support obligations. If
   80  the obligor fails to comply with the schedule of payment, the
   81  court shall direct the Department of Highway Safety and Motor
   82  Vehicles to suspend the obligor’s driver driver’s license.
   83         (b) The obligor must serve a copy of the petition on the
   84  Title IV-D agency in IV-D cases or on the depository or the
   85  clerk of the court in non-IV-D cases. When an obligor timely
   86  files a petition to set aside a suspension, the court must hear
   87  the matter within 15 days after the petition is filed. The court
   88  must enter an order resolving the matter within 10 days after
   89  the hearing, and a copy of the order must be served on the
   90  parties. The timely filing of a petition under this subsection
   91  stays the intent to suspend until the entry of a court order
   92  resolving the matter.
   93         (3) If the obligor does not, within 20 days after the
   94  mailing date on the notice, pay the delinquency;, enter into a
   95  written payment agreement;, comply with the subpoena, order to
   96  appear, order to show cause, or other similar order;, or file a
   97  motion to contest; or satisfy sub-subparagraph (1)(c)1.d., sub
   98  subparagraph (1)(c)1.e., sub-subparagraph (1)(c)1.f., or sub
   99  subparagraph (1)(c)1.g., the Title IV-D agency in IV-D cases, or
  100  the depository or clerk of the court in non-IV-D cases, may
  101  shall file the notice with the Department of Highway Safety and
  102  Motor Vehicles and request the suspension of the obligor’s
  103  driver driver’s license and motor vehicle registration in
  104  accordance with s. 322.058.
  105         (4) The obligor may, within 20 days after the mailing date
  106  on the notice of delinquency or noncompliance and intent to
  107  suspend, file in the circuit court a petition to contest the
  108  notice of delinquency or noncompliance and intent to suspend on
  109  the ground of mistake of fact regarding the existence of a
  110  delinquency or the identity of the obligor. The obligor must
  111  serve a copy of the petition on the Title IV-D agency in IV-D
  112  cases or depository or clerk of the court in non-IV-D cases.
  113  When an obligor timely files a petition to contest, the court
  114  must hear the matter within 15 days after the petition is filed.
  115  The court must enter an order resolving the matter within 10
  116  days after the hearing, and a copy of the order must be served
  117  on the parties. The timely filing of a petition to contest stays
  118  the notice of delinquency and intent to suspend until the entry
  119  of a court order resolving the matter.
  120         (5) The procedures prescribed in this section and s.
  121  322.058 may be used to enforce compliance with an order to
  122  appear for genetic testing.
  123         Section 23. Section 322.055, Florida Statutes, is amended
  124  to read:
  125         322.055 Revocation or suspension of, or delay of
  126  eligibility for, driver driver’s license for persons 18 years of
  127  age or older convicted of certain drug offenses.—
  128         (1) Notwithstanding the provisions of s. 322.28, upon the
  129  conviction of a person 18 years of age or older for possession
  130  or sale of, trafficking in, or conspiracy to possess, sell, or
  131  traffic in a controlled substance, the court shall direct the
  132  department to revoke the driver driver’s license or driving
  133  privilege of the person. The period of such revocation shall be
  134  1 year 2 years or until the person is evaluated for and, if
  135  deemed necessary by the evaluating agency, completes a drug
  136  treatment and rehabilitation program approved or regulated by
  137  the Department of Children and Families Family Services.
  138  However, the court may, in its sound discretion, direct the
  139  department to issue a license for driving privilege privileges
  140  restricted to business or employment purposes only, as defined
  141  by s. 322.271, if the person is otherwise qualified for such a
  142  license. A driver whose license or driving privilege has been
  143  suspended or revoked under this section or s. 322.056 may, upon
  144  the expiration of 6 months, petition the department for
  145  restoration of the driving privilege on a restricted or
  146  unrestricted basis depending on length of suspension or
  147  revocation. In no case shall a restricted license be available
  148  until 6 months of the suspension or revocation period has
  149  expired.
  150         (2) If a person 18 years of age or older is convicted for
  151  the possession or sale of, trafficking in, or conspiracy to
  152  possess, sell, or traffic in a controlled substance and such
  153  person is eligible by reason of age for a driver driver’s
  154  license or privilege, the court shall direct the department to
  155  withhold issuance of such person’s driver driver’s license or
  156  driving privilege for a period of 1 year 2 years after the date
  157  the person was convicted or until the person is evaluated for
  158  and, if deemed necessary by the evaluating agency, completes a
  159  drug treatment and rehabilitation program approved or regulated
  160  by the Department of Children and Families Family Services.
  161  However, the court may, in its sound discretion, direct the
  162  department to issue a license for driving privilege privileges
  163  restricted to business or employment purposes only, as defined
  164  by s. 322.271, if the person is otherwise qualified for such a
  165  license. A driver whose license or driving privilege has been
  166  suspended or revoked under this section or s. 322.056 may, upon
  167  the expiration of 6 months, petition the department for
  168  restoration of the driving privilege on a restricted or
  169  unrestricted basis depending on the length of suspension or
  170  revocation. In no case shall a restricted license be available
  171  until 6 months of the suspension or revocation period has
  172  expired.
  173         (3) If a person 18 years of age or older is convicted for
  174  the possession or sale of, trafficking in, or conspiracy to
  175  possess, sell, or traffic in a controlled substance and such
  176  person’s driver driver’s license or driving privilege is already
  177  under suspension or revocation for any reason, the court shall
  178  direct the department to extend the period of such suspension or
  179  revocation by an additional period of 1 year 2 years or until
  180  the person is evaluated for and, if deemed necessary by the
  181  evaluating agency, completes a drug treatment and rehabilitation
  182  program approved or regulated by the Department of Children and
  183  Families Family Services. However, the court may, in its sound
  184  discretion, direct the department to issue a license for driving
  185  privilege privileges restricted to business or employment
  186  purposes only, as defined by s. 322.271, if the person is
  187  otherwise qualified for such a license. A driver whose license
  188  or driving privilege has been suspended or revoked under this
  189  section or s. 322.056 may, upon the expiration of 6 months,
  190  petition the department for restoration of the driving privilege
  191  on a restricted or unrestricted basis depending on the length of
  192  suspension or revocation. In no case shall a restricted license
  193  be available until 6 months of the suspension or revocation
  194  period has expired.
  195         (4) If a person 18 years of age or older is convicted for
  196  the possession or sale of, trafficking in, or conspiracy to
  197  possess, sell, or traffic in a controlled substance and such
  198  person is ineligible by reason of age for a driver driver’s
  199  license or driving privilege, the court shall direct the
  200  department to withhold issuance of such person’s driver driver’s
  201  license or driving privilege for a period of 1 year 2 years
  202  after the date that he or she would otherwise have become
  203  eligible or until he or she becomes eligible by reason of age
  204  for a driver driver’s license and is evaluated for and, if
  205  deemed necessary by the evaluating agency, completes a drug
  206  treatment and rehabilitation program approved or regulated by
  207  the Department of Children and Families Family Services.
  208  However, the court may, in its sound discretion, direct the
  209  department to issue a license for driving privilege privileges
  210  restricted to business or employment purposes only, as defined
  211  by s. 322.271, if the person is otherwise qualified for such a
  212  license. A driver whose license or driving privilege has been
  213  suspended or revoked under this section or s. 322.056 may, upon
  214  the expiration of 6 months, petition the department for
  215  restoration of the driving privilege on a restricted or
  216  unrestricted basis depending on the length of suspension or
  217  revocation. In no case shall a restricted license be available
  218  until 6 months of the suspension or revocation period has
  219  expired.
  220         (5) A court that orders the revocation or suspension of, or
  221  delay in eligibility for, a driver license pursuant to this
  222  section shall make a specific, articulated determination as to
  223  whether the issuance of a license for driving privilege
  224  restricted to business purposes only, as defined in s. 322.271,
  225  is appropriate in each case.
  226         (6)(5) Each clerk of court shall promptly report to the
  227  department each conviction for the possession or sale of,
  228  trafficking in, or conspiracy to possess, sell, or traffic in a
  229  controlled substance.
  230         Section 24. Section 322.058, Florida Statutes, is amended
  231  to read:
  232         322.058 Suspension of driving privilege privileges due to
  233  support delinquency; reinstatement.—
  234         (1) When the department receives notice from the Title IV-D
  235  agency or depository or the clerk of the court that any person
  236  licensed to operate a motor vehicle in the State of Florida
  237  under the provisions of this chapter has a delinquent support
  238  obligation or has failed to comply with a subpoena, order to
  239  appear, order to show cause, or similar order, the department
  240  shall suspend the driver driver’s license of the person named in
  241  the notice and the registration of all motor vehicles owned by
  242  that person.
  243         (2) The department must reinstate the driving privilege and
  244  allow registration of a motor vehicle when the Title IV-D agency
  245  in IV-D cases or the depository or the clerk of the court in
  246  non-IV-D cases provides to the department an affidavit stating
  247  that:
  248         (a) The person has paid the delinquency;
  249         (b) The person has reached a written agreement for payment
  250  with the Title IV-D agency or the obligee in non-IV-D cases;
  251         (c) A court has entered an order granting relief to the
  252  obligor ordering the reinstatement of the license and motor
  253  vehicle registration; or
  254         (d) The person has complied with the subpoena, order to
  255  appear, order to show cause, or similar order;
  256         (e) The person receives reemployment assistance or
  257  unemployment compensation pursuant to chapter 443;
  258         (f) The person is disabled and incapable of self-support or
  259  receives benefits under the federal Supplemental Security Income
  260  or Social Security Disability Insurance programs;
  261         (g) The person receives temporary cash assistance pursuant
  262  to chapter 414; or
  263         (h) The person is making payments in accordance with a
  264  confirmed bankruptcy plan under chapter 11, chapter 12, or
  265  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  266  101 et seq.
  267         (3) The department shall not be held liable for any license
  268  or vehicle registration suspension resulting from the discharge
  269  of its duties under this section.
  270         (4) This section applies only to the annual renewal in the
  271  owner’s birth month of a motor vehicle registration and does not
  272  apply to the transfer of a registration of a motor vehicle sold
  273  by a motor vehicle dealer licensed under chapter 320, except for
  274  the transfer of registrations which includes the annual
  275  renewals. This section does not affect the issuance of the title
  276  to a motor vehicle, notwithstanding s. 319.23(8)(b).
  277         Section 25. Paragraph (a) of subsection (1) of section
  278  562.11, Florida Statutes, is amended to read:
  279         562.11 Selling, giving, or serving alcoholic beverages to
  280  person under age 21; providing a proper name; misrepresenting or
  281  misstating age or age of another to induce licensee to serve
  282  alcoholic beverages to person under 21; penalties.—
  283         (1)(a)1. A It is unlawful for any person may not to sell,
  284  give, serve, or permit to be served alcoholic beverages to a
  285  person under 21 years of age or to permit a person under 21
  286  years of age to consume such beverages on the licensed premises.
  287  A person who violates this subparagraph commits a misdemeanor of
  288  the second degree, punishable as provided in s. 775.082 or s.
  289  775.083. A person who violates this subparagraph a second or
  290  subsequent time within 1 year after a prior conviction commits a
  291  misdemeanor of the first degree, punishable as provided in s.
  292  775.082 or s. 775.083.
  293         2. In addition to any other penalty imposed for a violation
  294  of subparagraph 1., the court may order the Department of
  295  Highway Safety and Motor Vehicles to withhold the issuance of,
  296  or suspend or revoke, the driver driver’s license or driving
  297  privilege, as provided in s. 322.057, of any person who violates
  298  subparagraph 1. This subparagraph does not apply to a licensee,
  299  as defined in s. 561.01, who violates subparagraph 1. while
  300  acting within the scope of his or her license or an employee or
  301  agent of a licensee, as defined in s. 561.01, who violates
  302  subparagraph 1. while engaged within the scope of his or her
  303  employment or agency.
  304         3. A court that withholds the issuance of, or suspends or
  305  revokes, the driver license or driving privilege of a person
  306  pursuant to subparagraph 2. may direct the Department of Highway
  307  Safety and Motor Vehicles to issue the person a license for
  308  driving privilege restricted to business purposes only, as
  309  defined in s. 322.271, if he or she is otherwise qualified.
  310         Section 26. Section 812.0155, Florida Statutes, is amended
  311  to read:
  312         812.0155 Suspension of driver driver’s license following an
  313  adjudication of guilt for theft.—
  314         (1) Except as provided in subsections (2) and (3), the
  315  court may order the suspension of the driver driver’s license of
  316  each person adjudicated guilty of any misdemeanor violation of
  317  s. 812.014 or s. 812.015, regardless of the value of the
  318  property stolen. The court shall order the suspension of the
  319  driver’s license of each person adjudicated guilty of any
  320  misdemeanor violation of s. 812.014 or s. 812.015 who has
  321  previously been convicted of such an offense. Upon ordering the
  322  suspension of the driver driver’s license of the person
  323  adjudicated guilty, the court shall forward the driver driver’s
  324  license of the person adjudicated guilty to the Department of
  325  Highway Safety and Motor Vehicles in accordance with s. 322.25.
  326         (a) The first suspension of a driver driver’s license under
  327  this subsection shall be for a period of up to 6 months.
  328         (b) A second or subsequent suspension of a driver driver’s
  329  license under this subsection shall be for 1 year.
  330         (2) The court may revoke, suspend, or withhold issuance of
  331  a driver driver’s license of a person less than 18 years of age
  332  who violates s. 812.014 or s. 812.015 as an alternative to
  333  sentencing the person to:
  334         (a) Probation as defined in s. 985.03 or commitment to the
  335  Department of Juvenile Justice, if the person is adjudicated
  336  delinquent for such violation and has not previously been
  337  convicted of or adjudicated delinquent for any criminal offense,
  338  regardless of whether adjudication was withheld.
  339         (b) Probation as defined in s. 985.03, commitment to the
  340  Department of Juvenile Justice, probation as defined in chapter
  341  948, community control, or incarceration, if the person is
  342  convicted as an adult of such violation and has not previously
  343  been convicted of or adjudicated delinquent for any criminal
  344  offense, regardless of whether adjudication was withheld.
  345         (3) As used in this subsection, the term “department” means
  346  the Department of Highway Safety and Motor Vehicles. A court
  347  that revokes, suspends, or withholds issuance of a driver
  348  driver’s license under subsection (2) shall:
  349         (a) If the person is eligible by reason of age for a driver
  350  driver’s license or driving privilege, direct the department to
  351  revoke or withhold issuance of the person’s driver driver’s
  352  license or driving privilege for not less than 6 months and not
  353  more than 1 year;
  354         (b) If the person’s driver driver’s license is under
  355  suspension or revocation for any reason, direct the department
  356  to extend the period of suspension or revocation by not less
  357  than 6 months and not more than 1 year; or
  358         (c) If the person is ineligible by reason of age for a
  359  driver driver’s license or driving privilege, direct the
  360  department to withhold issuance of the person’s driver driver’s
  361  license or driving privilege for not less than 6 months and not
  362  more than 1 year after the date on which the person would
  363  otherwise become eligible.
  364         (4) Subsections (2) and (3) do not preclude the court from
  365  imposing any sanction specified or not specified in subsection
  366  (2) or subsection (3).
  367         (5) A court that suspends the driver license of a person
  368  pursuant to subsection (1) may direct the Department of Highway
  369  Safety and Motor Vehicles to issue the person a license for
  370  driving privilege restricted to business purposes only, as
  371  defined in s. 322.271, if he or she is otherwise qualified.
  372         Section 27. Section 832.09, Florida Statutes, is amended to
  373  read:
  374         832.09 Suspension of driver license after warrant or capias
  375  is issued in worthless check case.—
  376         (1) The court may order the suspension or revocation of the
  377  driver license of a Any person who is being prosecuted for
  378  passing a worthless check in violation of s. 832.05, who fails
  379  to appear before the court and against whom a warrant or capias
  380  for failure to appear is issued by the court if the person has
  381  previously been adjudicated guilty of a violation of s. 832.05
  382  shall have his or her driver’s license suspended or revoked
  383  pursuant to s. 322.251.
  384         (2) Within 5 working days after the court orders the
  385  suspension of a driver license pursuant to subsection (1)
  386  issuance of a warrant or capias for failure to appear, the clerk
  387  of the court in the county where the warrant or capias is issued
  388  shall notify the Department of Highway Safety and Motor Vehicles
  389  by the most efficient method available of the action of the
  390  court.
  391  
  392  ================= T I T L E  A M E N D M E N T ================
  393  And the title is amended as follows:
  394         Between lines 154 and 155
  395  insert:
  396         amending s. 61.13016, F.S.; revising notification
  397         requirements with respect to the suspension of the
  398         driver license of a child support obligor; requiring
  399         delinquent child support obligors to provide certain
  400         documentation within a specified period in order to
  401         prevent the suspension of a driver license; amending
  402         s. 322.055, F.S.; reducing the mandatory period of
  403         revocation or suspension of, or delay in eligibility
  404         for, a driver license for persons convicted of certain
  405         drug offenses; requiring the court to make a
  406         determination as to whether a restricted license would
  407         be appropriate for persons convicted of certain drug
  408         offenses; amending s. 322.058, F.S.; requiring the
  409         Department of Highway Safety and Motor Vehicles to
  410         reinstate the driving privilege and allow registration
  411         of a motor vehicle of a child support obligor upon
  412         receipt of an affidavit containing specified
  413         information; amending s. 562.11, F.S.; authorizing the
  414         court to direct the Department of Highway Safety and
  415         Motor Vehicles to issue a restricted driver license to
  416         certain persons; amending s. 812.0155, F.S.; deleting
  417         a provision requiring the suspension of the driver
  418         license of a person adjudicated guilty of certain
  419         offenses; authorizing the court to direct the
  420         Department of Highway Safety and Motor Vehicles to
  421         issue a restricted driver license to certain persons;
  422         amending s. 832.09, F.S.; providing that the
  423         suspension of a driver license of a person being
  424         prosecuted for passing a worthless check is
  425         discretionary;