Florida Senate - 2018 SB 482 By Senator Bracy 11-00692-18 2018482__ 1 A bill to be entitled 2 An act relating to driving while a driver license or 3 driving privilege is canceled, suspended, or revoked; 4 amending s. 322.34, F.S.; repealing a felony offense 5 for a third or subsequent conviction for driving while 6 a driver license or driving privilege is canceled, 7 suspended, or revoked; providing that such a 8 conviction is a misdemeanor offense; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (2) of section 322.34, Florida 14 Statutes, is amended to read: 15 322.34 Driving while license suspended, revoked, canceled, 16 or disqualified.— 17 (2) Any person whose driver license or driving privilege 18 has been canceled, suspended, or revoked as provided by law, 19 except persons defined in s. 322.264, who, knowing of such 20 cancellation, suspension, or revocation, drives any motor 21 vehicle upon the highways of this state while such license or 22 privilege is canceled, suspended, or revoked, upon: 23 (a) A first conviction is guilty of a misdemeanor of the 24 second degree, punishable as provided in s. 775.082 or s. 25 775.083. 26 (b) A second or subsequent conviction is guilty of a 27 misdemeanor of the first degree, punishable as provided in s. 28 775.082 or s. 775.083. 29
(c) A third or subsequent conviction is guilty of a felony30 of the third degree, punishable as provided in s. 775.082, s.31 775.083, or s. 775.084.32 33 The element of knowledge is satisfied if the person has been 34 previously cited as provided in subsection (1); or the person 35 admits to knowledge of the cancellation, suspension, or 36 revocation; or the person received notice as provided in 37 subsection (4). There shall be a rebuttable presumption that the 38 knowledge requirement is satisfied if a judgment or order as 39 provided in subsection (4) appears in the department’s records 40 for any case except for one involving a suspension by the 41 department for failure to pay a traffic fine or for a financial 42 responsibility violation. 43 Section 2. This act shall take effect October 1, 2018.