Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1270
       
       
       
       
       
                               Ì927622%Î927622                          
       
       576-03256-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to penalties and fees; amending s.
    3         27.52, F.S.; requiring a certain application to
    4         provide the applicant with the option to fulfill any
    5         court-ordered financial obligation associated with a
    6         case by enrolling in a payment plan or by completing
    7         community service if ordered by the court; requiring a
    8         clerk of the court to compare the information provided
    9         in the application to any readily ascertainable or
   10         publicly available information under certain
   11         circumstances; authorizing the clerk to refer any
   12         application believed to be fraudulent to the court for
   13         review; amending s. 28.246, F.S.; revising
   14         requirements relating to the payment of court-related
   15         fines or other monetary penalties, fees, charges, and
   16         costs; requiring a clerk of the circuit court to
   17         solicit competitive bids from private attorneys or
   18         collection agents for collection services, subject to
   19         certain requirements; prohibiting the clerk from
   20         assessing a certain surcharge; prohibiting the private
   21         attorney or collection agent from imposing certain
   22         additional fees or surcharges; amending s. 57.082,
   23         F.S.; authorizing the clerk to refer any application
   24         believed to be fraudulent to the court for review;
   25         amending s. 316.650, F.S.; requiring traffic citation
   26         forms to include certain language relating to payment
   27         of a penalty; amending s. 318.18, F.S.; requiring a
   28         court to inquire at the time a certain civil penalty
   29         is ordered whether the person is able to pay it;
   30         amending s. 322.055, F.S.; decreasing the period for
   31         revocation or suspension of, or delay of eligibility
   32         for, driver licenses or driving privileges for certain
   33         persons convicted of certain drug offenses; deleting
   34         provisions authorizing a driver to petition the
   35         Department of Highway Safety and Motor Vehicles for
   36         restoration of his or her driving privilege; amending
   37         s. 322.056, F.S.; decreasing the period for revocation
   38         or suspension of, or delay of eligibility for, driver
   39         licenses or driving privileges for certain persons
   40         found guilty of certain drug offenses; deleting a
   41         provision authorizing a court to direct the department
   42         to issue a license for certain restricted driving
   43         privileges under certain circumstances; deleting
   44         requirements relating to the revocation or suspension
   45         of, or delay of eligibility for, driver licenses or
   46         driving privileges for certain persons found guilty of
   47         certain alcohol or tobacco offenses; repealing s.
   48         322.057, F.S., relating to discretionary revocation or
   49         suspension of a driver license for certain persons who
   50         provide alcohol to persons under a specified age;
   51         amending s. 322.09, F.S.; deleting a provision
   52         prohibiting the issuance of a driver license or
   53         learner’s driver license under certain circumstances;
   54         repealing s. 322.091, F.S., relating to attendance
   55         requirements for driving privileges; creating the
   56         Clerks of Court Community Service Pilot Program in
   57         Pinellas and Clay Counties; requiring the program to
   58         be administered by the clerks of court for the
   59         counties and by the Florida Clerks of Court Operations
   60         Corporation; requiring the clerks of court in the
   61         pilot program counties to implement programs that
   62         allow any person owing any court-ordered financial
   63         obligation or payment that is unrelated to certain
   64         child support obligations to fulfill the obligation by
   65         completing community service; providing that a
   66         person’s driver license may not be suspended solely
   67         for a failure to pay fees, service charges, fines, or
   68         penalties in a pilot program county if the person
   69         complies with the requirements of the program;
   70         requiring that a person in a pilot program county who
   71         fails to pay a court-ordered financial obligation or
   72         payment unrelated to child support obligations be
   73         notified by the clerk of court by mail that the person
   74         has a specified time to comply or elect to participate
   75         in the community service pilot program; providing that
   76         failure to comply or make an election with the clerk
   77         of court within the required timeframe results in
   78         suspension of the person’s driver license; authorizing
   79         the clerks of court to allow a person to satisfy the
   80         financial obligation by participating in community
   81         service in lieu of or in addition to making payments
   82         toward such obligation; providing requirements for the
   83         community service; defining the term “hourly credit
   84         rate”; providing requirements for the workweek
   85         schedule and timeframe permitted for completing the
   86         community service; providing that failure to complete
   87         the community service requirements or pay the
   88         remaining obligation within the authorized timeframe
   89         results in suspension of the person’s driver license;
   90         providing requirements for the community service
   91         agency supervising the person; providing requirements
   92         for the clerks of the court; authorizing the clerks of
   93         court to apply, on a quarterly basis, for a certain
   94         grant from the corporation; authorizing the
   95         corporation to review and approve the grant
   96         application; requiring the corporation to transfer the
   97         requested funds to the clerks if approved; providing
   98         requirements for distribution of funds; requiring the
   99         clerks of court in the pilot program counties and the
  100         corporation to each provide a report on the
  101         implementation of the pilot program to the chairs of
  102         the legislative appropriations committees by a
  103         specified date; providing requirements for the report;
  104         requiring authority for a person to participate in the
  105         pilot program to expire on a specified date; requiring
  106         community service obligations entered into before a
  107         specified date to continue until completion of the
  108         community service or the closing of the underlying
  109         court case; repealing s. 322.251(7), F.S., relating to
  110         notice of suspension or revocation of driving
  111         privileges, reasons for reinstatement of such driving
  112         privileges, and certain electronic access to identify
  113         a person who is the subject of an outstanding warrant
  114         or capias for passing worthless bank checks; amending
  115         s. 322.271, F.S.; providing that a person whose driver
  116         license or privilege to drive has been suspended may
  117         have his or her driver license or driving privilege
  118         reinstated on a restricted basis under certain
  119         circumstances; providing the period of validity of
  120         such restricted license; amending s. 322.34, F.S.;
  121         revising the underlying violations resulting in driver
  122         license or driving privilege cancellation, suspension,
  123         or revocation for which specified penalties apply;
  124         amending s. 562.11, F.S.; revising penalties for
  125         selling, giving, serving, or permitting to be served
  126         alcoholic beverages to a person under a specified age
  127         or permitting such person to consume such beverages on
  128         licensed premises; revising penalties for
  129         misrepresenting or misstating age or age of another to
  130         induce a licensee to serve alcoholic beverages to a
  131         person under a specified age; conforming provisions to
  132         changes made by the act; repealing s. 562.111(3),
  133         F.S., relating to withholding issuance of, or
  134         suspending or revoking, a driver license or driving
  135         privilege for possession of alcoholic beverages by
  136         persons under a specified age; amending s. 569.11,
  137         F.S.; revising penalties for persons under a specified
  138         age who knowingly possess, misrepresent their age or
  139         military service to purchase, or purchase or attempt
  140         to purchase tobacco products; authorizing, rather than
  141         requiring, the court to direct the department to
  142         withhold issuance of or suspend a person’s driver
  143         license or driving privilege for certain violations;
  144         amending s. 790.22, F.S.; revising penalties relating
  145         to suspending, revoking, or withholding issuance of
  146         driver licenses or driving privileges for minors under
  147         a specified age who possess firearms under certain
  148         circumstances; deleting provisions relating to
  149         penalties for certain offenses involving the use or
  150         possession of a firearm by a minor under a specified
  151         age; amending s. 806.13, F.S.; deleting provisions
  152         relating to certain penalties for criminal mischief by
  153         a minor; repealing s. 812.0155, F.S., relating to
  154         suspension of a driver license following an
  155         adjudication of guilt for theft; repealing s. 832.09,
  156         F.S., relating to suspension of a driver license after
  157         warrant or capias is issued in worthless check cases;
  158         amending s. 847.0141, F.S.; deleting a provision
  159         authorizing a court, upon a certain finding of
  160         contempt, to issue an order to the department to
  161         withhold issuance of or suspend the driver license or
  162         driving privilege of a minor for a specified time;
  163         amending s. 877.112, F.S.; revising penalties for
  164         persons under a specified age who knowingly possess,
  165         misrepresent their age or military service to
  166         purchase, or purchase or attempt to purchase any
  167         nicotine product or nicotine dispensing device;
  168         authorizing, rather than requiring, the court to
  169         direct the department to withhold issuance of or
  170         suspend a person’s driver license or driving privilege
  171         for certain violations; amending s. 938.30, F.S.;
  172         authorizing a judge to convert certain statutory
  173         financial obligations into court-ordered obligations
  174         to perform community service by reliance upon
  175         specified information under certain circumstances;
  176         amending s. 1003.27, F.S.; deleting provisions
  177         relating to procedures and penalties for nonenrollment
  178         and nonattendance cases; amending ss. 318.14, 322.05,
  179         322.27, and 1003.01, F.S.; conforming provisions to
  180         changes made by the act; providing applicability of
  181         certain changes made by the act; requiring the
  182         department to notify the Division of Law Revision and
  183         Information upon the adoption of certain uniform
  184         traffic citation forms; providing effective dates.
  185          
  186  Be It Enacted by the Legislature of the State of Florida:
  187  
  188         Section 1. Paragraph (a) of subsection (1), paragraph (d)
  189  of subsection (2), paragraph (a) of subsection (4), and
  190  paragraph (a) of subsection (7) of section 27.52, Florida
  191  Statutes, are amended to read:
  192         27.52 Determination of indigent status.—
  193         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  194  of a public defender under s. 27.51 based upon an inability to
  195  pay must apply to the clerk of the court for a determination of
  196  indigent status using an application form developed by the
  197  Florida Clerks of Court Operations Corporation with final
  198  approval by the Supreme Court.
  199         (a) The application must include, at a minimum, the
  200  following financial information:
  201         1. Net income, consisting of total salary and wages, minus
  202  deductions required by law, including court-ordered support
  203  payments.
  204         2. Other income, including, but not limited to, social
  205  security benefits, union funds, veterans’ benefits, workers’
  206  compensation, other regular support from absent family members,
  207  public or private employee pensions, reemployment assistance or
  208  unemployment compensation, dividends, interest, rent, trusts,
  209  and gifts.
  210         3. Assets, including, but not limited to, cash, savings
  211  accounts, bank accounts, stocks, bonds, certificates of deposit,
  212  equity in real estate, and equity in a boat or a motor vehicle
  213  or in other tangible property.
  214         4. All liabilities and debts.
  215         5. If applicable, the amount of any bail paid for the
  216  applicant’s release from incarceration and the source of the
  217  funds.
  218  
  219  The application must provide the applicant with the option to
  220  fulfill any court-ordered financial obligation associated with a
  221  case by enrolling in a payment plan or by completing community
  222  service if ordered by the court. The application must include a
  223  signature by the applicant which attests to the truthfulness of
  224  the information provided. The application form developed by the
  225  corporation must include notice that the applicant may seek
  226  court review of a clerk’s determination that the applicant is
  227  not indigent, as provided in this section.
  228         (2) DETERMINATION BY THE CLERK.—The clerk of the court
  229  shall determine whether an applicant seeking appointment of a
  230  public defender is indigent based upon the information provided
  231  in the application and the criteria prescribed in this
  232  subsection.
  233         (d) The duty of the clerk in determining whether an
  234  applicant is indigent shall be limited to receiving the
  235  application and comparing the information provided in the
  236  application to the criteria prescribed in this subsection and to
  237  any readily ascertainable or publicly available information. The
  238  determination of indigent status is a ministerial act of the
  239  clerk and not a decision based on further investigation or the
  240  exercise of independent judgment by the clerk. The clerk may
  241  contract with third parties to perform functions assigned to the
  242  clerk under this section.
  243         (4) REVIEW OF CLERK’S DETERMINATION.—
  244         (a) If the clerk of the court determines that the applicant
  245  is not indigent, and the applicant seeks review of the clerk’s
  246  determination, the court shall make a final determination of
  247  indigent status by reviewing the information provided in the
  248  application against the criteria prescribed in subsection (2),
  249  along with any readily ascertainable or publicly available
  250  information provided by the clerk, and by considering the
  251  following additional factors:
  252         1. Whether the applicant has been released on bail in an
  253  amount of $5,000 or more.
  254         2. Whether a bond has been posted, the type of bond, and
  255  who paid the bond.
  256         3. Whether paying for private counsel in an amount that
  257  exceeds the limitations in s. 27.5304, or other due process
  258  services creates a substantial hardship for the applicant or the
  259  applicant’s family.
  260         4. Any other relevant financial circumstances of the
  261  applicant or the applicant’s family.
  262         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  263         (a) The clerk may refer any application believed to be
  264  fraudulent to the court for review. If the court learns of
  265  discrepancies between the application or motion and the actual
  266  financial status of the person found to be indigent or indigent
  267  for costs, the court shall determine whether the public
  268  defender, office of criminal conflict and civil regional
  269  counsel, or private attorney shall continue representation or
  270  whether the authorization for any other due process services
  271  previously authorized shall be revoked. The person may be heard
  272  regarding the information learned by the court. If the court,
  273  based on the information, determines that the person is not
  274  indigent or indigent for costs, the court shall order the public
  275  defender, office of criminal conflict and civil regional
  276  counsel, or private attorney to discontinue representation and
  277  revoke the provision of any other authorized due process
  278  services.
  279         Section 2. Subsections (4) and (6) of section 28.246,
  280  Florida Statutes, are amended to read:
  281         28.246 Payment of court-related fines or other monetary
  282  penalties, fees, charges, and costs; partial payments;
  283  distribution of funds.—
  284         (4) The clerk of the circuit court shall accept partial
  285  payments for court-related fees, service charges, costs, and
  286  fines in accordance with the terms of an established payment
  287  plan. An individual seeking to defer payment of fees, service
  288  charges, costs, or fines imposed by operation of law or order of
  289  the court under any provision of general law, including an
  290  individual found indigent by the clerk or the court, shall apply
  291  to the clerk for enrollment in a payment plan. The clerk shall
  292  accept a qualified individual’s application for a payment plan
  293  and accept The clerk shall enter into a payment plan with an
  294  individual who the court determines is indigent for costs. a
  295  monthly payment amount, calculated based upon all fees and all
  296  anticipated costs. The monthly payment amount may, is presumed
  297  to correspond to the person’s ability to pay if the amount does
  298  not exceed 2 percent of the person’s annual net income, as
  299  defined in s. 27.52(1), divided by 12, or $25 per month,
  300  whichever is greater. The court may review the reasonableness of
  301  the payment plan upon motion of the party and may modify the
  302  plan.
  303         (6)(a) A clerk of court shall pursue the collection of any
  304  fees, service charges, fines, court costs, and liens for the
  305  payment of attorney fees and costs pursuant to s. 938.29 which
  306  remain unpaid after 90 days by referring the account to a
  307  private attorney who is a member in good standing of The Florida
  308  Bar or collection agent who is registered and in good standing
  309  pursuant to chapter 559. In pursuing the collection of such
  310  unpaid financial obligations through a private attorney or
  311  collection agent, the clerk of the court must have attempted to
  312  collect the unpaid amount through a collection court,
  313  collections docket, or other collections process, if any,
  314  established by the court, find this to be cost-effective and
  315  follow any applicable procurement practices.
  316         (b) In retaining a private attorney or collection agent as
  317  provided in this subsection, the clerk shall solicit competitive
  318  bids from private attorneys or collection agents. The contract
  319  awarded to the successful bidder may be in effect for no longer
  320  than 3 years, with a maximum of two 1-year extensions.
  321         (c) The clerk shall consider all pertinent criteria when
  322  considering bids, including, but not limited to, performance
  323  quality and customer service. The collection fee paid to the
  324  private, including any reasonable attorney’s fee, paid to any
  325  attorney or collection agent retained by the clerk may be added
  326  to the balance owed in an amount not to exceed 40 percent of the
  327  amount owed at the time the account is referred to the attorney
  328  or agent for collection.
  329         (d) The clerk may not assess any surcharge to refer the
  330  account to a private attorney or an agent for collection.
  331         (e) The private attorney or collection agent may not impose
  332  any additional fees or surcharges other than the contractually
  333  agreed-upon amounts.
  334         (f) The clerk shall give the private attorney or collection
  335  agent the application for the appointment of court-appointed
  336  counsel regardless of whether the court file is otherwise
  337  confidential from disclosure.
  338         Section 3. Paragraph (a) of subsection (7) of section
  339  57.082, Florida Statutes, is amended to read:
  340         57.082 Determination of civil indigent status.—
  341         (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.—
  342         (a) The clerk may refer any application believed to be
  343  fraudulent to the court for review. If the court learns of
  344  discrepancies between the application and the actual financial
  345  status of the person found to be indigent, the court shall
  346  determine whether the status and any relief provided as a result
  347  of that status shall be revoked. The person may be heard
  348  regarding the information learned by the court. If the court,
  349  based on the information, determines that the person is not
  350  indigent, the court shall revoke the provision of any relief
  351  under this section.
  352         Section 4. Present paragraphs (b), (c), and (d) of
  353  subsection (1) of section 316.650, Florida Statutes, are
  354  redesignated as paragraphs (c), (d), and (e), respectively, a
  355  new paragraph (b) is added to that subsection, and present
  356  paragraph (c) of that subsection is amended, to read:
  357         316.650 Traffic citations.—
  358         (1)
  359         (b) The traffic citation form must include language
  360  indicating that a person may enter into a payment plan with the
  361  clerk of court to pay a penalty. The form must also indicate
  362  that a person ordered to pay a penalty for a noncriminal traffic
  363  infraction who is unable to comply due to demonstrable financial
  364  hardship will be allowed by the court to satisfy the payment by
  365  participating in community service pursuant to s. 318.18(8)(b).
  366         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  367  traffic enforcement agency may produce uniform traffic citations
  368  by electronic means. Such citations must be consistent with the
  369  state traffic court rules and the procedures established by the
  370  department and must be appropriately numbered and inventoried.
  371  Affidavit-of-compliance forms may also be produced by electronic
  372  means.
  373         Section 5. Paragraph (b) of subsection (8) of section
  374  318.18, Florida Statutes, is amended to read:
  375         318.18 Amount of penalties.—The penalties required for a
  376  noncriminal disposition pursuant to s. 318.14 or a criminal
  377  offense listed in s. 318.17 are as follows:
  378         (8)
  379         (b)1.a. If a person has been ordered to pay a civil penalty
  380  for a noncriminal traffic infraction and the person is unable to
  381  comply with the court’s order due to demonstrable financial
  382  hardship, the court shall allow the person to satisfy the civil
  383  penalty by participating in community service until the civil
  384  penalty is paid.
  385         b. The court shall inquire at the time the civil penalty is
  386  ordered whether the person is able to pay it.
  387         c. If a court orders a person to perform community service,
  388  the person shall receive credit for the civil penalty at the
  389  specified hourly credit rate per hour of community service
  390  performed, and each hour of community service performed shall
  391  reduce the civil penalty by that amount.
  392         2.a. As used in this paragraph, the term “specified hourly
  393  credit rate” means the wage rate that is specified in 29 U.S.C.
  394  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  395  that is then in effect, and that an employer subject to such
  396  provision must pay per hour to each employee subject to such
  397  provision.
  398         b. However, if a person ordered to perform community
  399  service has a trade or profession for which there is a community
  400  service need, the specified hourly credit rate for each hour of
  401  community service performed by that person shall be the average
  402  prevailing wage rate for the trade or profession that the
  403  community service agency needs.
  404         3.a. The community service agency supervising the person
  405  shall record the number of hours of community service completed
  406  and the date the community service hours were completed. The
  407  community service agency shall submit the data to the clerk of
  408  court on the letterhead of the community service agency, which
  409  must also bear the notarized signature of the person designated
  410  to represent the community service agency.
  411         b. When the number of community service hours completed by
  412  the person equals the amount of the civil penalty, the clerk of
  413  court shall certify this fact to the court. Thereafter, the
  414  clerk of court shall record in the case file that the civil
  415  penalty has been paid in full.
  416         4. As used in this paragraph, the term:
  417         a. “Community service” means uncompensated labor for a
  418  community service agency.
  419         b. “Community service agency” means a not-for-profit
  420  corporation, community organization, charitable organization,
  421  public officer, the state or any political subdivision of the
  422  state, or any other body the purpose of which is to improve the
  423  quality of life or social welfare of the community and which
  424  agrees to accept community service from persons unable to pay
  425  civil penalties for noncriminal traffic infractions.
  426         Section 6. Subsections (1) through (4) of section 322.055,
  427  Florida Statutes, are amended to read:
  428         322.055 Revocation or suspension of, or delay of
  429  eligibility for, driver license for persons 18 years of age or
  430  older convicted of certain drug offenses.—
  431         (1) Notwithstanding s. 322.28, upon the conviction of a
  432  person 18 years of age or older for possession or sale of,
  433  trafficking in, or conspiracy to possess, sell, or traffic in a
  434  controlled substance, the court shall direct the department to
  435  revoke the driver license or driving privilege of the person.
  436  The period of such revocation shall be 6 months 1 year or until
  437  the person is evaluated for and, if deemed necessary by the
  438  evaluating agency, completes a drug treatment and rehabilitation
  439  program approved or regulated by the Department of Children and
  440  Families. However, the court may, in its sound discretion,
  441  direct the department to issue a license for driving privilege
  442  restricted to business or employment purposes only, as defined
  443  by s. 322.271, if the person is otherwise qualified for such a
  444  license. A driver whose license or driving privilege has been
  445  suspended or revoked under this section or s. 322.056 may, upon
  446  the expiration of 6 months, petition the department for
  447  restoration of the driving privilege on a restricted or
  448  unrestricted basis depending on length of suspension or
  449  revocation. In no case shall A restricted license may not be
  450  available until 6 months of the suspension or revocation period
  451  has been completed expired.
  452         (2) If a person 18 years of age or older is convicted for
  453  the possession or sale of, trafficking in, or conspiracy to
  454  possess, sell, or traffic in a controlled substance and such
  455  person is eligible by reason of age for a driver license or
  456  privilege, the court shall direct the department to withhold
  457  issuance of such person’s driver license or driving privilege
  458  for a period of 6 months 1 year after the date the person was
  459  convicted or until the person is evaluated for and, if deemed
  460  necessary by the evaluating agency, completes a drug treatment
  461  and rehabilitation program approved or regulated by the
  462  Department of Children and Families. However, the court may, in
  463  its sound discretion, direct the department to issue a license
  464  for driving privilege restricted to business or employment
  465  purposes only, as defined by s. 322.271, if the person is
  466  otherwise qualified for such a license. A driver whose license
  467  or driving privilege has been suspended or revoked under this
  468  section or s. 322.056 may, upon the expiration of 6 months,
  469  petition the department for restoration of the driving privilege
  470  on a restricted or unrestricted basis depending on the length of
  471  suspension or revocation. In no case shall A restricted license
  472  may not be available until 6 months of the withholding
  473  suspension or revocation period has been completed expired.
  474         (3) If a person 18 years of age or older is convicted for
  475  the possession or sale of, trafficking in, or conspiracy to
  476  possess, sell, or traffic in a controlled substance and such
  477  person’s driver license or driving privilege is already under
  478  suspension or revocation for any reason, the court shall direct
  479  the department to extend the period of such suspension or
  480  revocation by an additional period of 6 months 1 year or until
  481  the person is evaluated for and, if deemed necessary by the
  482  evaluating agency, completes a drug treatment and rehabilitation
  483  program approved or regulated by the Department of Children and
  484  Families. However, the court may, in its sound discretion,
  485  direct the department to issue a license for driving privilege
  486  restricted to business or employment purposes only, as defined
  487  by s. 322.271, if the person is otherwise qualified for such a
  488  license. A driver whose license or driving privilege has been
  489  suspended or revoked under this section or s. 322.056 may, upon
  490  the expiration of 6 months, petition the department for
  491  restoration of the driving privilege on a restricted or
  492  unrestricted basis depending on the length of suspension or
  493  revocation. In no case shall A restricted license may not be
  494  available until 6 months of the suspension or revocation period
  495  has been completed expired.
  496         (4) If a person 18 years of age or older is convicted for
  497  the possession or sale of, trafficking in, or conspiracy to
  498  possess, sell, or traffic in a controlled substance and such
  499  person is ineligible by reason of age for a driver license or
  500  driving privilege, the court shall direct the department to
  501  withhold issuance of such person’s driver license or driving
  502  privilege for a period of 6 months 1 year after the date that he
  503  or she would otherwise have become eligible or until he or she
  504  becomes eligible by reason of age for a driver license and is
  505  evaluated for and, if deemed necessary by the evaluating agency,
  506  completes a drug treatment and rehabilitation program approved
  507  or regulated by the Department of Children and Families.
  508  However, the court may, in its sound discretion, direct the
  509  department to issue a license for driving privilege restricted
  510  to business or employment purposes only, as defined by s.
  511  322.271, if the person is otherwise qualified for such a
  512  license. A driver whose license or driving privilege has been
  513  suspended or revoked under this section or s. 322.056 may, upon
  514  the expiration of 6 months, petition the department for
  515  restoration of the driving privilege on a restricted or
  516  unrestricted basis depending on the length of suspension or
  517  revocation. In no case shall A restricted license may not be
  518  available until 6 months of the withholding suspension or
  519  revocation period has been completed expired.
  520         Section 7. Section 322.056, Florida Statutes, is amended to
  521  read:
  522         322.056 Mandatory revocation or suspension of, or delay of
  523  eligibility for, driver license for persons under age 18 found
  524  guilty of certain alcohol, drug, or tobacco offenses;
  525  prohibition.—
  526         (1) Notwithstanding the provisions of s. 322.055, if a
  527  person under 18 years of age is found guilty of or delinquent
  528  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  529  and:
  530         (a) The person is eligible by reason of age for a driver
  531  license or driving privilege, the court shall direct the
  532  department to revoke or to withhold issuance of his or her
  533  driver license or driving privilege for a period of 6 months.:
  534         1. Not less than 6 months and not more than 1 year for the
  535  first violation.
  536         2. Two years, for a subsequent violation.
  537         (b) The person’s driver license or driving privilege is
  538  under suspension or revocation for any reason, the court shall
  539  direct the department to extend the period of suspension or
  540  revocation by an additional period of 6 months.:
  541         1. Not less than 6 months and not more than 1 year for the
  542  first violation.
  543         2. Two years, for a subsequent violation.
  544         (c) The person is ineligible by reason of age for a driver
  545  license or driving privilege, the court shall direct the
  546  department to withhold issuance of his or her driver license or
  547  driving privilege for a period of:
  548         1. Not less than 6 months and not more than 1 year after
  549  the date on which he or she would otherwise have become
  550  eligible, for the first violation.
  551         2. Two years after the date on which he or she would
  552  otherwise have become eligible, for a subsequent violation.
  553  
  554  However, the court may, in its sound discretion, direct the
  555  department to issue a license for driving privileges restricted
  556  to business or employment purposes only, as defined in s.
  557  322.271, if the person is otherwise qualified for such a
  558  license.
  559         (2) If a person under 18 years of age is found by the court
  560  to have committed a noncriminal violation under s. 569.11 or s.
  561  877.112(6) or (7) and that person has failed to comply with the
  562  procedures established in that section by failing to fulfill
  563  community service requirements, failing to pay the applicable
  564  fine, or failing to attend a locally available school-approved
  565  anti-tobacco program, and:
  566         (a) The person is eligible by reason of age for a driver
  567  license or driving privilege, the court shall direct the
  568  department to revoke or to withhold issuance of his or her
  569  driver license or driving privilege as follows:
  570         1. For the first violation, for 30 days.
  571         2. For the second violation within 12 weeks of the first
  572  violation, for 45 days.
  573         (b) The person’s driver license or driving privilege is
  574  under suspension or revocation for any reason, the court shall
  575  direct the department to extend the period of suspension or
  576  revocation by an additional period as follows:
  577         1. For the first violation, for 30 days.
  578         2. For the second violation within 12 weeks of the first
  579  violation, for 45 days.
  580         (c) The person is ineligible by reason of age for a driver
  581  license or driving privilege, the court shall direct the
  582  department to withhold issuance of his or her driver license or
  583  driving privilege as follows:
  584         1. For the first violation, for 30 days.
  585         2. For the second violation within 12 weeks of the first
  586  violation, for 45 days.
  587  
  588  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  589  within the 12-week period after the first violation will be
  590  treated as a first violation and in the same manner as provided
  591  in this subsection.
  592         (3) If a person under 18 years of age is found by the court
  593  to have committed a third violation of s. 569.11 or s.
  594  877.112(6) or (7) within 12 weeks of the first violation, the
  595  court must direct the Department of Highway Safety and Motor
  596  Vehicles to suspend or withhold issuance of his or her driver
  597  license or driving privilege for 60 consecutive days. Any third
  598  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  599  12-week period after the first violation will be treated as a
  600  first violation and in the same manner as provided in subsection
  601  (2).
  602         (2)(4) A penalty imposed under this section shall be in
  603  addition to any other penalty imposed by law.
  604         (5) The suspension or revocation of a person’s driver
  605  license imposed pursuant to subsection (2) or subsection (3),
  606  shall not result in or be cause for an increase of the convicted
  607  person’s, or his or her parent’s or legal guardian’s, automobile
  608  insurance rate or premium or result in points assessed against
  609  the person’s driving record.
  610         Section 8. Section 322.057, Florida Statutes, is repealed.
  611         Section 9. Present subsections (4) and (5) of section
  612  322.09, Florida Statutes, are redesignated as subsections (3)
  613  and (4), respectively, and present subsection (3) of that
  614  section is amended, to read:
  615         322.09 Application of minors; responsibility for negligence
  616  or misconduct of minor.—
  617         (3) The department may not issue a driver license or
  618  learner’s driver license to any applicant under the age of 18
  619  years who is not in compliance with the requirements of s.
  620  322.091.
  621         Section 10. Section 322.091, Florida Statutes, is repealed.
  622         Section 11. Clerks of Court Community Service Pilot
  623  Program.—
  624         (1) The Clerks of Court Community Service Pilot Program is
  625  established in Pinellas and Clay Counties to be administered by
  626  the clerks of court for the counties and by the Florida Clerks
  627  of Court Operations Corporation.
  628         (2) Notwithstanding any other law, the clerks of court in
  629  the pilot program counties shall implement programs that allow
  630  any person owing any court-ordered financial obligation or
  631  payment that is unrelated to child support obligations under
  632  chapter 61, Florida Statutes, to fulfill the obligation by
  633  completing community service as provided in this section.
  634         (a) A person’s driver license may not be suspended solely
  635  for a failure to pay fees, service charges, fines, or penalties
  636  in a pilot program county if the person complies with the
  637  requirements of the pilot program.
  638         (b) A person in a pilot program county who fails to pay a
  639  court-ordered financial obligation or payment unrelated to child
  640  support obligations under chapter 61, Florida Statutes, must be
  641  notified by the clerk of court by mail immediately after such
  642  failure that the person has 10 days to comply or elect to
  643  participate in the community service pilot program with the
  644  clerk of court to satisfy the obligation. Failure to comply or
  645  make an election with the clerk of court within the required
  646  timeframe shall result in suspension of the person’s driver
  647  license as otherwise provided in chapter 318 and chapter 322,
  648  Florida Statutes.
  649         (3) The clerks of court shall allow a person to satisfy the
  650  financial obligation by participating in community service in
  651  lieu of or in addition to making payments toward such
  652  obligation. If a person performs community service, he or she
  653  must receive credit for the obligation at the hourly credit rate
  654  per hour of community service performed as specified in this
  655  subsection, and each hour of community service performed must
  656  reduce the obligation by that amount. As used in this
  657  subsection, the term “hourly credit rate” means the adjusted
  658  state minimum wage rate that is calculated as provided in s.
  659  448.110, Florida Statutes, that is then in effect.
  660         (4) The workweek schedule and timeframe permitted for
  661  completing the community service must be commensurate with the
  662  amount of the obligation, the employment obligations of the
  663  person, and the community service needs of the local area, but
  664  must equal at least 4 hours of community service per week and
  665  may not exceed 180 days. Failure to complete the community
  666  service requirements or pay the remaining obligation within the
  667  authorized timeframe shall result in suspension of the person’s
  668  driver license as otherwise provided in chapters 318 and 322,
  669  Florida Statutes.
  670         (5)(a) The community service agency supervising the person
  671  shall record the number of hours of community service completed
  672  and the date the community service hours were completed. The
  673  community service agency shall submit the data to the clerk of
  674  court on the letterhead of the community service agency and the
  675  letter must also bear the notarized signature of the person
  676  designated to represent the community service agency.
  677         (b) When the number of community service hours completed by
  678  the person equals the amount of the obligation owed, the clerks
  679  of court must certify this fact, and the amount credited, to the
  680  court and to the Florida Clerks of Court Operations Corporation.
  681  Thereafter, the clerks of court shall record in the case file or
  682  court records that the financial obligation has been paid in
  683  full.
  684         (6) Subject to the appropriation of funds for this pilot
  685  program, a clerk of court may apply, on a quarterly basis, for a
  686  grant from the Florida Clerks of Court Operations Corporation to
  687  reimburse the clerk’s office for the total amount of financial
  688  obligations that have been converted to community service hours
  689  for the previous quarter. The Florida Clerks of Court Operations
  690  Corporation may review and approve the grant application and, if
  691  approved, shall transfer the requested funds to the clerk. Upon
  692  receipt of any such grant proceeds, the funds must be
  693  distributed by the clerk in accordance with laws that would
  694  otherwise have provided for distribution of payments for the
  695  original penalty, fee, or obligation imposed on the person
  696  performing the community service.
  697         (7) The clerks of court in the pilot program counties and
  698  the Florida Clerks of Court Operations Corporation shall each
  699  provide a report on the implementation of the pilot program to
  700  the chairs of the legislative appropriations committees by
  701  October 1, 2019. At a minimum, the reports must include the
  702  number of persons converting financial obligations to community
  703  service, the number of persons actually completing the community
  704  service requirements, the number of persons participating in the
  705  pilot program who have their driver licenses suspended, the
  706  estimated costs and benefits of the pilot program, and
  707  recommendations to improve the pilot program.
  708         (8) Authority for a person to participate in the Clerks of
  709  Court Community Service Pilot Program shall expire on June 30,
  710  2019. However, community service obligations entered into
  711  pursuant to this section before June 30, 2019, must continue
  712  until completion of the community service or the closing of the
  713  underlying court case.
  714         Section 12. Subsection (7) of section 322.251, Florida
  715  Statutes, is repealed.
  716         Section 13. Subsection (8) is added to section 322.271,
  717  Florida Statutes, to read:
  718         322.271 Authority to modify revocation, cancellation, or
  719  suspension order.—
  720         (8) A person whose driver license or privilege to drive has
  721  been suspended under s. 318.15 or s. 322.245, with the exception
  722  of any suspension related to s. 61.13016, may have his or her
  723  driver license or driving privilege reinstated on a restricted
  724  basis by the department in accordance with this section. The
  725  restricted license is valid until the 7-year suspension period
  726  ends as provided in s. 318.15 or until the debt is paid.
  727         Section 14. Subsection (10) of section 322.34, Florida
  728  Statutes, is amended to read:
  729         322.34 Driving while license suspended, revoked, canceled,
  730  or disqualified.—
  731         (10)(a) Notwithstanding any other provision of this
  732  section, if a person does not have a prior forcible felony
  733  conviction as defined in s. 776.08, the penalties provided in
  734  paragraph (b) apply if a person’s driver license or driving
  735  privilege is canceled, suspended, or revoked for:
  736         1. Failing to pay child support as provided in s. 322.245
  737  or s. 61.13016;
  738         2. Failing to pay any other financial obligation as
  739  provided in s. 322.245 other than those specified in s.
  740  322.245(1);
  741         3. Failing to comply with a civil penalty required in s.
  742  318.15;
  743         4. Failing to maintain vehicular financial responsibility
  744  as required by chapter 324; or
  745         5. Failing to comply with attendance or other requirements
  746  for minors as set forth in s. 322.091; or
  747         5.6. Having been designated a habitual traffic offender
  748  under s. 322.264(1)(d) as a result of suspensions of his or her
  749  driver license or driver privilege for any underlying violation
  750  listed in subparagraphs 1.-4. 1.-5.
  751         (b)1. Upon a first conviction for knowingly driving while
  752  his or her license is suspended, revoked, or canceled for any of
  753  the underlying violations listed in subparagraphs (a)1.-5.
  754  (a)1.-6., a person commits a misdemeanor of the second degree,
  755  punishable as provided in s. 775.082 or s. 775.083.
  756         2. Upon a second or subsequent conviction for the same
  757  offense of knowingly driving while his or her license is
  758  suspended, revoked, or canceled for any of the underlying
  759  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  760  commits a misdemeanor of the first degree, punishable as
  761  provided in s. 775.082 or s. 775.083.
  762         Section 15. Paragraph (a) of subsection (1) and paragraph
  763  (c) of subsection (2) of section 562.11, Florida Statutes, are
  764  amended to read:
  765         562.11 Selling, giving, or serving alcoholic beverages to
  766  person under age 21; providing a proper name; misrepresenting or
  767  misstating age or age of another to induce licensee to serve
  768  alcoholic beverages to person under 21; penalties.—
  769         (1)(a)1. A person may not sell, give, serve, or permit to
  770  be served alcoholic beverages to a person under 21 years of age
  771  or permit a person under 21 years of age to consume such
  772  beverages on the licensed premises. A person who violates this
  773  paragraph subparagraph commits a misdemeanor of the second
  774  degree, punishable as provided in s. 775.082 or s. 775.083. A
  775  person who violates this paragraph subparagraph a second or
  776  subsequent time within 1 year after a prior conviction commits a
  777  misdemeanor of the first degree, punishable as provided in s.
  778  775.082 or s. 775.083.
  779         2. In addition to any other penalty imposed for a violation
  780  of subparagraph 1., the court may order the Department of
  781  Highway Safety and Motor Vehicles to withhold the issuance of,
  782  or suspend or revoke, the driver license or driving privilege,
  783  as provided in s. 322.057, of any person who violates
  784  subparagraph 1. This subparagraph does not apply to a licensee,
  785  as defined in s. 561.01, who violates subparagraph 1. while
  786  acting within the scope of his or her license or an employee or
  787  agent of a licensee, as defined in s. 561.01, who violates
  788  subparagraph 1. while engaged within the scope of his or her
  789  employment or agency.
  790         3. A court that withholds the issuance of, or suspends or
  791  revokes, the driver license or driving privilege of a person
  792  pursuant to subparagraph 2. may direct the Department of Highway
  793  Safety and Motor Vehicles to issue the person a license for
  794  driving privilege restricted to business purposes only, as
  795  defined in s. 322.271, if he or she is otherwise qualified.
  796         (2) It is unlawful for any person to misrepresent or
  797  misstate his or her age or the age of any other person for the
  798  purpose of inducing any licensee or his or her agents or
  799  employees to sell, give, serve, or deliver any alcoholic
  800  beverages to a person under 21 years of age, or for any person
  801  under 21 years of age to purchase or attempt to purchase
  802  alcoholic beverages.
  803         (c) In addition to any other penalty imposed for a
  804  violation of this subsection, if a person uses a driver license
  805  or identification card issued by the Department of Highway
  806  Safety and Motor Vehicles in violation of this subsection, the
  807  court:
  808         1. may order the person to participate in public service or
  809  a community work project for a period not to exceed 40 hours;
  810  and
  811         2. Shall direct the Department of Highway Safety and Motor
  812  Vehicles to withhold issuance of, or suspend or revoke, the
  813  person’s driver license or driving privilege, as provided in s.
  814  322.056.
  815         Section 16. Subsection (3) of section 562.111, Florida
  816  Statutes, is repealed.
  817         Section 17. Subsections (1), (2), and (5) of section
  818  569.11, Florida Statutes, are amended to read:
  819         569.11 Possession, misrepresenting age or military service
  820  to purchase, and purchase of tobacco products by persons under
  821  18 years of age prohibited; penalties; jurisdiction; disposition
  822  of fines.—
  823         (1) It is unlawful for any person under 18 years of age to
  824  knowingly possess any tobacco product. Any person under 18 years
  825  of age who violates the provisions of this subsection commits a
  826  noncriminal violation as provided in s. 775.08(3), punishable
  827  by:
  828         (a) For a first violation, 16 hours of community service
  829  or, instead of community service, a $25 fine. In addition, the
  830  person must attend a school-approved anti-tobacco program, if
  831  locally available; or
  832         (b) For a second or subsequent violation within 12 weeks
  833  after of the first violation, a $25 fine.; or
  834         (c) For a third or subsequent violation within 12 weeks of
  835  the first violation, the court must direct the Department of
  836  Highway Safety and Motor Vehicles to withhold issuance of or
  837  suspend or revoke the person’s driver license or driving
  838  privilege, as provided in s. 322.056.
  839  
  840  Any second or subsequent violation not within the 12-week time
  841  period after the first violation is punishable as provided for a
  842  first violation.
  843         (2) It is unlawful for any person under 18 years of age to
  844  misrepresent his or her age or military service for the purpose
  845  of inducing a dealer or an agent or employee of the dealer to
  846  sell, give, barter, furnish, or deliver any tobacco product, or
  847  to purchase, or attempt to purchase, any tobacco product from a
  848  person or a vending machine. Any person under 18 years of age
  849  who violates a provision of this subsection commits a
  850  noncriminal violation as provided in s. 775.08(3), punishable
  851  by:
  852         (a) For a first violation, 16 hours of community service
  853  or, instead of community service, a $25 fine. and, In addition,
  854  the person must attend a school-approved anti-tobacco program,
  855  if locally available; or
  856         (b) For a second or subsequent violation within 12 weeks
  857  after of the first violation, a $25 fine.; or
  858         (c) For a third or subsequent violation within 12 weeks of
  859  the first violation, the court must direct the Department of
  860  Highway Safety and Motor Vehicles to withhold issuance of or
  861  suspend or revoke the person’s driver license or driving
  862  privilege, as provided in s. 322.056.
  863  
  864  Any second or subsequent violation not within the 12-week time
  865  period after the first violation is punishable as provided for a
  866  first violation.
  867         (5)(a) If a person under 18 years of age is found by the
  868  court to have committed a noncriminal violation under this
  869  section and that person has failed to complete community
  870  service, pay the fine as required by paragraph (1)(a) or
  871  paragraph (2)(a), or attend a school-approved anti-tobacco
  872  program, if locally available, the court may must direct the
  873  Department of Highway Safety and Motor Vehicles to withhold
  874  issuance of or suspend the driver license or driving privilege
  875  of that person for a period of 30 consecutive days.
  876         (b) If a person under 18 years of age is found by the court
  877  to have committed a noncriminal violation under this section and
  878  that person has failed to pay the applicable fine as required by
  879  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  880  the Department of Highway Safety and Motor Vehicles to withhold
  881  issuance of or suspend the driver license or driving privilege
  882  of that person for a period of 45 consecutive days.
  883         Section 18. Subsections (5) and (10) of section 790.22,
  884  Florida Statutes, are amended to read:
  885         790.22 Use of BB guns, air or gas-operated guns, or
  886  electric weapons or devices by minor under 16; limitation;
  887  possession of firearms by minor under 18 prohibited; penalties.—
  888         (5)(a) A minor who violates subsection (3) commits a
  889  misdemeanor of the first degree; for a first offense, may serve
  890  a period of detention of up to 3 days in a secure detention
  891  facility; and, in addition to any other penalty provided by law,
  892  shall be required to perform 100 hours of community service.;
  893  and:
  894         1. If the minor is eligible by reason of age for a driver
  895  license or driving privilege, the court shall direct the
  896  Department of Highway Safety and Motor Vehicles to revoke or to
  897  withhold issuance of the minor’s driver license or driving
  898  privilege for up to 1 year.
  899         2. If the minor’s driver license or driving privilege is
  900  under suspension or revocation for any reason, the court shall
  901  direct the Department of Highway Safety and Motor Vehicles to
  902  extend the period of suspension or revocation by an additional
  903  period of up to 1 year.
  904         3. If the minor is ineligible by reason of age for a driver
  905  license or driving privilege, the court shall direct the
  906  Department of Highway Safety and Motor Vehicles to withhold
  907  issuance of the minor’s driver license or driving privilege for
  908  up to 1 year after the date on which the minor would otherwise
  909  have become eligible.
  910         (b) For a second or subsequent offense, a minor who
  911  violates subsection (3) commits a felony of the third degree and
  912  shall serve a period of detention of up to 15 days in a secure
  913  detention facility and shall be required to perform not less
  914  than 100 or nor more than 250 hours of community service., and:
  915         1. If the minor is eligible by reason of age for a driver
  916  license or driving privilege, the court shall direct the
  917  Department of Highway Safety and Motor Vehicles to revoke or to
  918  withhold issuance of the minor’s driver license or driving
  919  privilege for up to 2 years.
  920         2. If the minor’s driver license or driving privilege is
  921  under suspension or revocation for any reason, the court shall
  922  direct the Department of Highway Safety and Motor Vehicles to
  923  extend the period of suspension or revocation by an additional
  924  period of up to 2 years.
  925         3. If the minor is ineligible by reason of age for a driver
  926  license or driving privilege, the court shall direct the
  927  Department of Highway Safety and Motor Vehicles to withhold
  928  issuance of the minor’s driver license or driving privilege for
  929  up to 2 years after the date on which the minor would otherwise
  930  have become eligible.
  931  
  932  For the purposes of this subsection, community service shall be
  933  performed, if possible, in a manner involving a hospital
  934  emergency room or other medical environment that deals on a
  935  regular basis with trauma patients and gunshot wounds.
  936         (10) If a minor is found to have committed an offense under
  937  subsection (9), the court shall impose the following penalties
  938  in addition to any penalty imposed under paragraph (9)(a) or
  939  paragraph (9)(b):
  940         (a) For a first offense:
  941         1. If the minor is eligible by reason of age for a driver
  942  license or driving privilege, the court shall direct the
  943  Department of Highway Safety and Motor Vehicles to revoke or to
  944  withhold issuance of the minor’s driver license or driving
  945  privilege for up to 1 year.
  946         2. If the minor’s driver license or driving privilege is
  947  under suspension or revocation for any reason, the court shall
  948  direct the Department of Highway Safety and Motor Vehicles to
  949  extend the period of suspension or revocation by an additional
  950  period for up to 1 year.
  951         3. If the minor is ineligible by reason of age for a driver
  952  license or driving privilege, the court shall direct the
  953  Department of Highway Safety and Motor Vehicles to withhold
  954  issuance of the minor’s driver license or driving privilege for
  955  up to 1 year after the date on which the minor would otherwise
  956  have become eligible.
  957         (b) For a second or subsequent offense:
  958         1. If the minor is eligible by reason of age for a driver
  959  license or driving privilege, the court shall direct the
  960  Department of Highway Safety and Motor Vehicles to revoke or to
  961  withhold issuance of the minor’s driver license or driving
  962  privilege for up to 2 years.
  963         2. If the minor’s driver license or driving privilege is
  964  under suspension or revocation for any reason, the court shall
  965  direct the Department of Highway Safety and Motor Vehicles to
  966  extend the period of suspension or revocation by an additional
  967  period for up to 2 years.
  968         3. If the minor is ineligible by reason of age for a driver
  969  license or driving privilege, the court shall direct the
  970  Department of Highway Safety and Motor Vehicles to withhold
  971  issuance of the minor’s driver license or driving privilege for
  972  up to 2 years after the date on which the minor would otherwise
  973  have become eligible.
  974         Section 19. Present subsections (7) and (8) of section
  975  806.13, Florida Statutes, are amended, and present subsection
  976  (9) of that section is redesignated as subsection (7), to read:
  977         806.13 Criminal mischief; penalties; penalty for minor.—
  978         (7) In addition to any other penalty provided by law, if a
  979  minor is found to have committed a delinquent act under this
  980  section for placing graffiti on any public property or private
  981  property, and:
  982         (a) The minor is eligible by reason of age for a driver
  983  license or driving privilege, the court shall direct the
  984  Department of Highway Safety and Motor Vehicles to revoke or
  985  withhold issuance of the minor’s driver license or driving
  986  privilege for not more than 1 year.
  987         (b) The minor’s driver license or driving privilege is
  988  under suspension or revocation for any reason, the court shall
  989  direct the Department of Highway Safety and Motor Vehicles to
  990  extend the period of suspension or revocation by an additional
  991  period of not more than 1 year.
  992         (c) The minor is ineligible by reason of age for a driver
  993  license or driving privilege, the court shall direct the
  994  Department of Highway Safety and Motor Vehicles to withhold
  995  issuance of the minor’s driver license or driving privilege for
  996  not more than 1 year after the date on which he or she would
  997  otherwise have become eligible.
  998         (8) A minor whose driver license or driving privilege is
  999  revoked, suspended, or withheld under subsection (7) may elect
 1000  to reduce the period of revocation, suspension, or withholding
 1001  by performing community service at the rate of 1 day for each
 1002  hour of community service performed. In addition, if the court
 1003  determines that due to a family hardship, the minor’s driver
 1004  license or driving privilege is necessary for employment or
 1005  medical purposes of the minor or a member of the minor’s family,
 1006  the court shall order the minor to perform community service and
 1007  reduce the period of revocation, suspension, or withholding at
 1008  the rate of 1 day for each hour of community service performed.
 1009  As used in this subsection, the term “community service” means
 1010  cleaning graffiti from public property.
 1011         Section 20. Section 812.0155, Florida Statutes, is
 1012  repealed.
 1013         Section 21. Section 832.09, Florida Statutes, is repealed.
 1014         Section 22. Paragraph (a) of subsection (3) of section
 1015  847.0141, Florida Statutes, is amended to read:
 1016         847.0141 Sexting; prohibited acts; penalties.—
 1017         (3) A minor who violates subsection (1):
 1018         (a) Commits a noncriminal violation for a first violation.
 1019  The minor must sign and accept a citation indicating a promise
 1020  to appear before the juvenile court. In lieu of appearing in
 1021  court, the minor may complete 8 hours of community service work,
 1022  pay a $60 civil penalty, or participate in a cyber-safety
 1023  program if such a program is locally available. The minor must
 1024  satisfy any penalty within 30 days after receipt of the
 1025  citation.
 1026         1. A citation issued to a minor under this subsection must
 1027  be in a form prescribed by the issuing law enforcement agency,
 1028  must be signed by the minor, and must contain all of the
 1029  following:
 1030         a. The date and time of issuance.
 1031         b. The name and address of the minor to whom the citation
 1032  is issued.
 1033         c. A thumbprint of the minor to whom the citation is
 1034  issued.
 1035         d. Identification of the noncriminal violation and the time
 1036  it was committed.
 1037         e. The facts constituting reasonable cause.
 1038         f. The specific section of law violated.
 1039         g. The name and authority of the citing officer.
 1040         h. The procedures that the minor must follow to contest the
 1041  citation, perform the required community service, pay the civil
 1042  penalty, or participate in a cyber-safety program.
 1043         2. If the citation is contested and the court determines
 1044  that the minor committed a noncriminal violation under this
 1045  section, the court may order the minor to perform 8 hours of
 1046  community service, pay a $60 civil penalty, or participate in a
 1047  cyber-safety program, or any combination thereof.
 1048         3. A minor who fails to comply with the citation waives his
 1049  or her right to contest it, and the court may impose any of the
 1050  penalties identified in subparagraph 2. or issue an order to
 1051  show cause. Upon a finding of contempt, the court may impose
 1052  additional age-appropriate penalties, which may include issuance
 1053  of an order to the Department of Highway Safety and Motor
 1054  Vehicles to withhold issuance of, or suspend the driver license
 1055  or driving privilege of, the minor for 30 consecutive days.
 1056  However, the court may not impose incarceration.
 1057         Section 23. Subsections (6) and (7) and paragraphs (c) and
 1058  (d) of subsection (8) of section 877.112, Florida Statutes, are
 1059  amended to read:
 1060         877.112 Nicotine products and nicotine dispensing devices;
 1061  prohibitions for minors; penalties; civil fines; signage
 1062  requirements; preemption.—
 1063         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
 1064  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
 1065  person under 18 years of age to knowingly possess any nicotine
 1066  product or a nicotine dispensing device. Any person under 18
 1067  years of age who violates this subsection commits a noncriminal
 1068  violation as defined in s. 775.08(3), punishable by:
 1069         (a) For a first violation, 16 hours of community service
 1070  or, instead of community service, a $25 fine. In addition, the
 1071  person must attend a school-approved anti-tobacco and nicotine
 1072  program, if locally available; or
 1073         (b) For a second or subsequent violation within 12 weeks
 1074  after of the first violation, a $25 fine.; or
 1075         (c) For a third or subsequent violation within 12 weeks of
 1076  the first violation, the court must direct the Department of
 1077  Highway Safety and Motor Vehicles to withhold issuance of or
 1078  suspend or revoke the person’s driver license or driving
 1079  privilege, as provided in s. 322.056.
 1080  
 1081  Any second or subsequent violation not within the 12-week time
 1082  period after the first violation is punishable as provided for a
 1083  first violation.
 1084         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
 1085  any person under 18 years of age to misrepresent his or her age
 1086  or military service for the purpose of inducing a retailer of
 1087  nicotine products or nicotine dispensing devices or an agent or
 1088  employee of such retailer to sell, give, barter, furnish, or
 1089  deliver any nicotine product or nicotine dispensing device, or
 1090  to purchase, or attempt to purchase, any nicotine product or
 1091  nicotine dispensing device from a person or a vending machine.
 1092  Any person under 18 years of age who violates this subsection
 1093  commits a noncriminal violation as defined in s. 775.08(3),
 1094  punishable by:
 1095         (a) For a first violation, 16 hours of community service
 1096  or, instead of community service, a $25 fine. and, In addition,
 1097  the person must attend a school-approved anti-tobacco and
 1098  nicotine program, if locally available; or
 1099         (b) For a second or subsequent violation within 12 weeks of
 1100  the first violation, a $25 fine.; or
 1101         (c) For a third or subsequent violation within 12 weeks of
 1102  the first violation, the court must direct the Department of
 1103  Highway Safety and Motor Vehicles to withhold issuance of or
 1104  suspend or revoke the person’s driver license or driving
 1105  privilege, as provided in s. 322.056.
 1106  
 1107  Any second or subsequent violation not within the 12-week time
 1108  period after the first violation is punishable as provided for a
 1109  first violation.
 1110         (8) PENALTIES FOR MINORS.—
 1111         (c) If a person under 18 years of age is found by the court
 1112  to have committed a noncriminal violation under this section and
 1113  that person has failed to complete community service, pay the
 1114  fine as required by paragraph (6)(a) or paragraph (7)(a), or
 1115  attend a school-approved anti-tobacco and nicotine program, if
 1116  locally available, the court may must direct the Department of
 1117  Highway Safety and Motor Vehicles to withhold issuance of or
 1118  suspend the driver license or driving privilege of that person
 1119  for 30 consecutive days.
 1120         (d) If a person under 18 years of age is found by the court
 1121  to have committed a noncriminal violation under this section and
 1122  that person has failed to pay the applicable fine as required by
 1123  paragraph (6)(b) or paragraph (7)(b), the court may must direct
 1124  the Department of Highway Safety and Motor Vehicles to withhold
 1125  issuance of or suspend the driver license or driving privilege
 1126  of that person for 45 consecutive days.
 1127         Section 24. Subsection (2) of section 938.30, Florida
 1128  Statutes, is amended to read:
 1129         938.30 Financial obligations in criminal cases;
 1130  supplementary proceedings.—
 1131         (2) The court may require a person liable for payment of an
 1132  obligation to appear and be examined under oath concerning the
 1133  person’s financial ability to pay the obligation. The judge may
 1134  convert the statutory financial obligation into a court-ordered
 1135  obligation to perform community service, subject to the
 1136  provisions of s. 318.18(8), after examining a person under oath
 1137  and determining the person’s inability to pay, or by relying
 1138  upon information provided under s. 27.52(1)(a). Any person who
 1139  fails to attend a hearing may be arrested on warrant or capias
 1140  issued by the clerk upon order of the court.
 1141         Section 25. Subsection (2) of section 1003.27, Florida
 1142  Statutes, is amended to read:
 1143         1003.27 Court procedure and penalties.—The court procedure
 1144  and penalties for the enforcement of the provisions of this
 1145  part, relating to compulsory school attendance, shall be as
 1146  follows:
 1147         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
 1148         (a) In each case of nonenrollment or of nonattendance upon
 1149  the part of a student who is required to attend some school,
 1150  when no valid reason for such nonenrollment or nonattendance is
 1151  found, the district school superintendent shall institute a
 1152  criminal prosecution against the student’s parent.
 1153         (b) Each public school principal or the principal’s
 1154  designee shall notify the district school board of each minor
 1155  student under its jurisdiction who accumulates 15 unexcused
 1156  absences in a period of 90 calendar days. Each designee of the
 1157  governing body of each private school, and each parent whose
 1158  child is enrolled in a home education program, may provide the
 1159  Department of Highway Safety and Motor Vehicles with the legal
 1160  name, sex, date of birth, and social security number of each
 1161  minor student under his or her jurisdiction who fails to satisfy
 1162  relevant attendance requirements and who fails to otherwise
 1163  satisfy the requirements of s. 322.091. The district school
 1164  superintendent must provide the Department of Highway Safety and
 1165  Motor Vehicles the legal name, sex, date of birth, and social
 1166  security number of each minor student who has been reported
 1167  under this paragraph and who fails to otherwise satisfy the
 1168  requirements of s. 322.091. The Department of Highway Safety and
 1169  Motor Vehicles may not issue a driver license or learner’s
 1170  driver license to, and shall suspend any previously issued
 1171  driver license or learner’s driver license of, any such minor
 1172  student, pursuant to the provisions of s. 322.091.
 1173         Section 26. Paragraph (a) of subsection (10) of section
 1174  318.14, Florida Statutes, is amended to read:
 1175         318.14 Noncriminal traffic infractions; exception;
 1176  procedures.—
 1177         (10)(a) Any person who does not hold a commercial driver
 1178  license or commercial learner’s permit and who is cited while
 1179  driving a noncommercial motor vehicle for an offense listed
 1180  under this subsection may, in lieu of payment of fine or court
 1181  appearance, elect to enter a plea of nolo contendere and provide
 1182  proof of compliance to the clerk of the court, designated
 1183  official, or authorized operator of a traffic violations bureau.
 1184  In such case, adjudication shall be withheld; however, a person
 1185  may not make an election under this subsection if the person has
 1186  made an election under this subsection in the preceding 12
 1187  months. A person may not make more than three elections under
 1188  this subsection. This subsection applies to the following
 1189  offenses:
 1190         1. Operating a motor vehicle without a valid driver license
 1191  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
 1192  operating a motor vehicle with a license that has been suspended
 1193  for failure to appear, failure to pay civil penalty, or failure
 1194  to attend a driver improvement course pursuant to s. 322.291.
 1195         2. Operating a motor vehicle without a valid registration
 1196  in violation of s. 320.0605, s. 320.07, or s. 320.131.
 1197         3. Operating a motor vehicle in violation of s. 316.646.
 1198         4. Operating a motor vehicle with a license that has been
 1199  suspended under s. 61.13016 or s. 322.245 for failure to pay
 1200  child support or for failure to pay any other financial
 1201  obligation as provided in s. 322.245; however, this subparagraph
 1202  does not apply if the license has been suspended pursuant to s.
 1203  322.245(1).
 1204         5. Operating a motor vehicle with a license that has been
 1205  suspended under s. 322.091 for failure to meet school attendance
 1206  requirements.
 1207         Section 27. Subsections (1) and (2) of section 322.05,
 1208  Florida Statutes, are amended to read:
 1209         322.05 Persons not to be licensed.—The department may not
 1210  issue a license:
 1211         (1) To a person who is under the age of 16 years, except
 1212  that the department may issue a learner’s driver license to a
 1213  person who is at least 15 years of age and who meets the
 1214  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
 1215  other applicable law or rule.
 1216         (2) To a person who is at least 16 years of age but is
 1217  under 18 years of age unless the person meets the requirements
 1218  of s. 322.091 and holds a valid:
 1219         (a) Learner’s driver license for at least 12 months, with
 1220  no moving traffic convictions, before applying for a license;
 1221         (b) Learner’s driver license for at least 12 months and who
 1222  has a moving traffic conviction but elects to attend a traffic
 1223  driving school for which adjudication must be withheld pursuant
 1224  to s. 318.14; or
 1225         (c) License that was issued in another state or in a
 1226  foreign jurisdiction and that would not be subject to suspension
 1227  or revocation under the laws of this state.
 1228         Section 28. Paragraph (b) of subsection (5) of section
 1229  322.27, Florida Statutes, is amended to read:
 1230         322.27 Authority of department to suspend or revoke driver
 1231  license or identification card.—
 1232         (5)
 1233         (b) If a person whose driver license has been revoked under
 1234  paragraph (a) as a result of a third violation of driving a
 1235  motor vehicle while his or her license is suspended or revoked
 1236  provides proof of compliance for an offense listed in s.
 1237  318.14(10)(a)1.-4. s. 318.14(10)(a)1.-5., the clerk of court
 1238  shall submit an amended disposition to remove the habitual
 1239  traffic offender designation.
 1240         Section 29. Subsection (9) of section 1003.01, Florida
 1241  Statutes, is amended to read:
 1242         1003.01 Definitions.—As used in this chapter, the term:
 1243         (9) “Dropout” means a student who meets any one or more of
 1244  the following criteria:
 1245         (a) The student has voluntarily removed himself or herself
 1246  from the school system before graduation for reasons that
 1247  include, but are not limited to, marriage, or the student has
 1248  withdrawn from school because he or she has failed the statewide
 1249  student assessment test and thereby does not receive any of the
 1250  certificates of completion;
 1251         (b) The student has not met the relevant attendance
 1252  requirements of the school district pursuant to State Board of
 1253  Education rules, or the student was expected to attend a school
 1254  but did not enter as expected for unknown reasons, or the
 1255  student’s whereabouts are unknown;
 1256         (c) The student has withdrawn from school, but has not
 1257  transferred to another public or private school or enrolled in
 1258  any career, adult, home education, or alternative educational
 1259  program;
 1260         (d) The student has withdrawn from school due to hardship,
 1261  unless such withdrawal has been granted because of under the
 1262  provisions of s. 322.091, court action, expulsion, medical
 1263  reasons, or pregnancy; or
 1264         (e) The student is not eligible to attend school because of
 1265  reaching the maximum age for an exceptional student program in
 1266  accordance with the district’s policy.
 1267  
 1268  The State Board of Education may adopt rules to implement the
 1269  provisions of this subsection.
 1270         Section 30. The amendments made by this act to s. 316.650,
 1271  Florida Statutes, shall take effect upon the depletion of the
 1272  current inventory of uniform traffic citation forms and the
 1273  adoption by rule of new uniform traffic citation forms. The
 1274  Department of Highway Safety and Motor Vehicles shall notify the
 1275  Division of Law Revision and Information upon the adoption of
 1276  the new forms.
 1277         Section 31. Except as otherwise expressly provided in this
 1278  act and except for this section, which shall take effect upon
 1279  this act becoming a law, this act shall take effect October 1,
 1280  2018.