Florida Senate - 2019                                    SB 1574
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-01665A-19                                          20191574__
    1                        A bill to be entitled                      
    2         An act relating to suspension or revocation of driver
    3         licenses; repealing s. 322.055, F.S., relating to
    4         revocation or suspension of, or delay of eligibility
    5         for, a driver license for persons 18 years of age or
    6         older who are convicted of certain drug offenses;
    7         repealing s. 322.056, F.S., relating to mandatory
    8         revocation or suspension of, or delay of eligibility
    9         for, a driver license for persons under age 18 who are
   10         found guilty of certain alcohol, drug, or tobacco
   11         offenses; repealing s. 322.057, F.S., relating to
   12         discretionary revocation or suspension of a driver
   13         license for certain persons who provide alcohol to
   14         persons under 21 years of age; repealing s. 812.0155,
   15         F.S., relating to suspension of a driver license
   16         following an adjudication of guilt for theft;
   17         repealing s. 832.09, F.S., relating to the suspension
   18         of a driver license after issuance of a warrant or
   19         capias in a worthless check case; amending ss. 322.05
   20         and 322.251, F.S.; conforming provisions to changes
   21         made by the act; amending s. 562.11, F.S.; deleting
   22         provisions relating to withholding, suspending, or
   23         revoking the driving privilege of a person who
   24         provides alcoholic beverages to a person under 21
   25         years of age; amending s. 562.111, F.S.; deleting
   26         provisions relating to withholding, suspending, or
   27         revoking the driving privilege of a person under 21
   28         years of age who possesses alcoholic beverages;
   29         amending s. 569.11, F.S.; conforming provisions to
   30         changes made by the act; revising penalties; amending
   31         s. 790.22, F.S.; deleting provisions relating to
   32         withholding, suspending, or revoking the driving
   33         privilege of a minor who unlawfully possesses a
   34         firearm; amending s. 806.13, F.S.; deleting provisions
   35         relating to withholding, suspending, or revoking the
   36         driving privilege of a minor who places graffiti on
   37         public or private property; amending s. 812.014, F.S.;
   38         deleting provisions relating to suspending the driver
   39         license of a person convicted of petit theft for theft
   40         of gasoline; providing penalties; amending s.
   41         847.0141, F.S.; deleting provisions relating to
   42         withholding or suspending the driving privilege of a
   43         minor who fails to comply with a citation for sexting;
   44         amending s. 877.112, F.S.; conforming provisions to
   45         changes made by the act; revising penalties; providing
   46         an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Sections 322.055, 322.056, 322.057, 812.0155,
   51  and 832.09, Florida Statutes, are repealed.
   52         Section 2. Subsection (11) of section 322.05, Florida
   53  Statutes, is amended to read:
   54         322.05 Persons not to be licensed.—The department may not
   55  issue a license:
   56         (11)To any person who is ineligible under s. 322.056.
   57         Section 3. Subsection (7) of section 322.251, Florida
   58  Statutes, is amended to read:
   59         322.251 Notice of cancellation, suspension, revocation, or
   60  disqualification of license.—
   61         (7)(a)A person whose driving privilege is suspended or
   62  revoked pursuant to s. 832.09 shall be notified, pursuant to
   63  this section, and the notification shall direct the person to
   64  surrender himself or herself to the sheriff who entered the
   65  warrant to satisfy the conditions of the warrant. A person whose
   66  driving privilege is suspended or revoked under this subsection
   67  shall not have his or her driving privilege reinstated for any
   68  reason other than:
   69         1.Full payment of any restitution, court costs, and fees
   70  incurred as a result of a warrant or capias being issued
   71  pursuant to s. 832.09;
   72         2.The cancellation of the warrant or capias from the
   73  Department of Law Enforcement recorded by the entering agency;
   74  and
   75         3.The payment of an additional fee of $10 to the
   76  Department of Highway Safety and Motor Vehicles to be paid into
   77  the Highway Safety Operating Trust Fund; or
   78         4.The department has modified the suspension or revocation
   79  of the license pursuant to s. 322.271 restoring the driving
   80  privilege solely for business or employment purposes.
   81         (b)The Department of Law Enforcement shall provide
   82  electronic access to the department for the purpose of
   83  identifying any person who is the subject of an outstanding
   84  warrant or capias for passing worthless bank checks.
   85         Section 4. Paragraph (a) of subsection (1) and paragraph
   86  (c) of subsection (2) of section 562.11, Florida Statutes, are
   87  amended to read:
   88         562.11 Selling, giving, or serving alcoholic beverages to
   89  person under age 21; providing a proper name; misrepresenting or
   90  misstating age or age of another to induce licensee to serve
   91  alcoholic beverages to person under 21; penalties.—
   92         (1)(a)1. A person may not sell, give, serve, or permit to
   93  be served alcoholic beverages to a person under 21 years of age
   94  or permit a person under 21 years of age to consume such
   95  beverages on the licensed premises. A person who violates this
   96  paragraph subparagraph commits a misdemeanor of the second
   97  degree, punishable as provided in s. 775.082 or s. 775.083. A
   98  person who violates this paragraph subparagraph a second or
   99  subsequent time within 1 year after a prior conviction commits a
  100  misdemeanor of the first degree, punishable as provided in s.
  101  775.082 or s. 775.083.
  102         2.In addition to any other penalty imposed for a violation
  103  of subparagraph 1., the court may order the Department of
  104  Highway Safety and Motor Vehicles to withhold the issuance of,
  105  or suspend or revoke, the driver license or driving privilege,
  106  as provided in s. 322.057, of any person who violates
  107  subparagraph 1. This subparagraph does not apply to a licensee,
  108  as defined in s. 561.01, who violates subparagraph 1. while
  109  acting within the scope of his or her license or an employee or
  110  agent of a licensee, as defined in s. 561.01, who violates
  111  subparagraph 1. while engaged within the scope of his or her
  112  employment or agency.
  113         3.A court that withholds the issuance of, or suspends or
  114  revokes, the driver license or driving privilege of a person
  115  pursuant to subparagraph 2. may direct the Department of Highway
  116  Safety and Motor Vehicles to issue the person a license for
  117  driving privilege restricted to business purposes only, as
  118  defined in s. 322.271, if he or she is otherwise qualified.
  119         (2) It is unlawful for any person to misrepresent or
  120  misstate his or her age or the age of any other person for the
  121  purpose of inducing any licensee or his or her agents or
  122  employees to sell, give, serve, or deliver any alcoholic
  123  beverages to a person under 21 years of age, or for any person
  124  under 21 years of age to purchase or attempt to purchase
  125  alcoholic beverages.
  126         (c) In addition to any other penalty imposed for a
  127  violation of this subsection, if a person uses a driver license
  128  or identification card issued by the Department of Highway
  129  Safety and Motor Vehicles in violation of this subsection, the
  130  court:
  131         1. may order the person to participate in public service or
  132  a community work project for a period not to exceed 40 hours;
  133  and
  134         2.Shall direct the Department of Highway Safety and Motor
  135  Vehicles to withhold issuance of, or suspend or revoke, the
  136  person’s driver license or driving privilege, as provided in s.
  137  322.056.
  138         Section 5. Subsection (3) of section 562.111, Florida
  139  Statutes, is amended to read:
  140         562.111 Possession of alcoholic beverages by persons under
  141  age 21 prohibited.—
  142         (3)In addition to any other penalty imposed for a
  143  violation of subsection (1), the court shall direct the
  144  Department of Highway Safety and Motor Vehicles to withhold
  145  issuance of, or suspend or revoke, the violator’s driver license
  146  or driving privilege, as provided in s. 322.056.
  147         Section 6. Subsections (1) and (2) of section 569.11,
  148  Florida Statutes, are amended to read:
  149         569.11 Possession, misrepresenting age or military service
  150  to purchase, and purchase of tobacco products by persons under
  151  18 years of age prohibited; penalties; jurisdiction; disposition
  152  of fines.—
  153         (1) It is unlawful for any person under 18 years of age to
  154  knowingly possess any tobacco product. Any person under 18 years
  155  of age who violates the provisions of this subsection commits a
  156  noncriminal violation as provided in s. 775.08(3), punishable
  157  by:
  158         (a) For a first violation, 16 hours of community service
  159  or, instead of community service, a $25 fine. In addition, the
  160  person must attend a school-approved anti-tobacco program, if
  161  locally available; or
  162         (b) For a second or subsequent violation within 12 weeks
  163  after of the first violation, a $25 fine; or
  164         (c)For a third or subsequent violation within 12 weeks of
  165  the first violation, the court must direct the Department of
  166  Highway Safety and Motor Vehicles to withhold issuance of or
  167  suspend or revoke the person’s driver license or driving
  168  privilege, as provided in s. 322.056.
  169  
  170  Any second or subsequent violation not within the 12-week time
  171  period after the first violation is punishable as provided for a
  172  first violation.
  173         (2) It is unlawful for any person under 18 years of age to
  174  misrepresent his or her age or military service for the purpose
  175  of inducing a dealer or an agent or employee of the dealer to
  176  sell, give, barter, furnish, or deliver any tobacco product, or
  177  to purchase, or attempt to purchase, any tobacco product from a
  178  person or a vending machine. Any person under 18 years of age
  179  who violates a provision of this subsection commits a
  180  noncriminal violation as provided in s. 775.08(3), punishable
  181  by:
  182         (a) For a first violation, 16 hours of community service
  183  or, instead of community service, a $25 fine and, in addition,
  184  the person must attend a school-approved anti-tobacco program,
  185  if available; or
  186         (b) For a second or subsequent violation within 12 weeks
  187  after of the first violation, a $25 fine; or
  188         (c)For a third or subsequent violation within 12 weeks of
  189  the first violation, the court must direct the Department of
  190  Highway Safety and Motor Vehicles to withhold issuance of or
  191  suspend or revoke the person’s driver license or driving
  192  privilege, as provided in s. 322.056.
  193  
  194  Any second or subsequent violation not within the 12-week time
  195  period after the first violation is punishable as provided for a
  196  first violation.
  197         Section 7. Subsection (5) of section 790.22, Florida
  198  Statutes, is amended to read:
  199         790.22 Use of BB guns, air or gas-operated guns, or
  200  electric weapons or devices by minor under 16; limitation;
  201  possession of firearms by minor under 18 prohibited; penalties.—
  202         (5)(a) A minor who violates subsection (3) commits a
  203  misdemeanor of the first degree; for a first offense, may serve
  204  a period of detention of up to 3 days in a secure detention
  205  facility; and, in addition to any other penalty provided by law,
  206  shall be required to perform 100 hours of community service;
  207  and:
  208         1.If the minor is eligible by reason of age for a driver
  209  license or driving privilege, the court shall direct the
  210  Department of Highway Safety and Motor Vehicles to revoke or to
  211  withhold issuance of the minor’s driver license or driving
  212  privilege for up to 1 year.
  213         2.If the minor’s driver license or driving privilege is
  214  under suspension or revocation for any reason, the court shall
  215  direct the Department of Highway Safety and Motor Vehicles to
  216  extend the period of suspension or revocation by an additional
  217  period of up to 1 year.
  218         3.If the minor is ineligible by reason of age for a driver
  219  license or driving privilege, the court shall direct the
  220  Department of Highway Safety and Motor Vehicles to withhold
  221  issuance of the minor’s driver license or driving privilege for
  222  up to 1 year after the date on which the minor would otherwise
  223  have become eligible.
  224         (b) For a second or subsequent offense, a minor who
  225  violates subsection (3) commits a felony of the third degree and
  226  shall serve a period of detention of up to 15 days in a secure
  227  detention facility and shall be required to perform not less
  228  than 100 nor more than 250 hours of community service, and:
  229         1.If the minor is eligible by reason of age for a driver
  230  license or driving privilege, the court shall direct the
  231  Department of Highway Safety and Motor Vehicles to revoke or to
  232  withhold issuance of the minor’s driver license or driving
  233  privilege for up to 2 years.
  234         2.If the minor’s driver license or driving privilege is
  235  under suspension or revocation for any reason, the court shall
  236  direct the Department of Highway Safety and Motor Vehicles to
  237  extend the period of suspension or revocation by an additional
  238  period of up to 2 years.
  239         3.If the minor is ineligible by reason of age for a driver
  240  license or driving privilege, the court shall direct the
  241  Department of Highway Safety and Motor Vehicles to withhold
  242  issuance of the minor’s driver license or driving privilege for
  243  up to 2 years after the date on which the minor would otherwise
  244  have become eligible.
  245  
  246  For the purposes of this subsection, community service shall be
  247  performed, if possible, in a manner involving a hospital
  248  emergency room or other medical environment that deals on a
  249  regular basis with trauma patients and gunshot wounds.
  250         Section 8. Subsections (7) and (8) of section 806.13,
  251  Florida Statutes, are amended to read:
  252         806.13 Criminal mischief; penalties; penalty for minor.—
  253         (7)In addition to any other penalty provided by law, if a
  254  minor is found to have committed a delinquent act under this
  255  section for placing graffiti on any public property or private
  256  property, and:
  257         (a)The minor is eligible by reason of age for a driver
  258  license or driving privilege, the court shall direct the
  259  Department of Highway Safety and Motor Vehicles to revoke or
  260  withhold issuance of the minor’s driver license or driving
  261  privilege for not more than 1 year.
  262         (b)The minor’s driver license or driving privilege is
  263  under suspension or revocation for any reason, the court shall
  264  direct the Department of Highway Safety and Motor Vehicles to
  265  extend the period of suspension or revocation by an additional
  266  period of not more than 1 year.
  267         (c)The minor is ineligible by reason of age for a driver
  268  license or driving privilege, the court shall direct the
  269  Department of Highway Safety and Motor Vehicles to withhold
  270  issuance of the minor’s driver license or driving privilege for
  271  not more than 1 year after the date on which he or she would
  272  otherwise have become eligible.
  273         (8)A minor whose driver license or driving privilege is
  274  revoked, suspended, or withheld under subsection (7) may elect
  275  to reduce the period of revocation, suspension, or withholding
  276  by performing community service at the rate of 1 day for each
  277  hour of community service performed. In addition, if the court
  278  determines that due to a family hardship, the minor’s driver
  279  license or driving privilege is necessary for employment or
  280  medical purposes of the minor or a member of the minor’s family,
  281  the court shall order the minor to perform community service and
  282  reduce the period of revocation, suspension, or withholding at
  283  the rate of 1 day for each hour of community service performed.
  284  As used in this subsection, the term “community service” means
  285  cleaning graffiti from public property.
  286         Section 9. Subsections (3) and (5) of section 812.014,
  287  Florida Statutes, are amended to read:
  288         812.014 Theft.—
  289         (3)(a) Theft of any property not specified in subsection
  290  (2) is petit theft of the second degree and a misdemeanor of the
  291  second degree, punishable as provided in s. 775.082 or s.
  292  775.083, and as provided in subsection (5), as applicable.
  293         (b) A person who commits petit theft and who has previously
  294  been convicted of any theft commits a misdemeanor of the first
  295  degree, punishable as provided in s. 775.082 or s. 775.083.
  296         (c) A person who commits petit theft and who has previously
  297  been convicted two or more times of any theft commits a felony
  298  of the third degree, punishable as provided in s. 775.082 or s.
  299  775.083.
  300         (d)1. Every judgment of guilty or not guilty of a petit
  301  theft shall be in writing, signed by the judge, and recorded by
  302  the clerk of the circuit court. The judge shall cause to be
  303  affixed to every such written judgment of guilty of petit theft,
  304  in open court and in the presence of such judge, the
  305  fingerprints of the defendant against whom such judgment is
  306  rendered. Such fingerprints shall be affixed beneath the judge’s
  307  signature to such judgment. Beneath such fingerprints shall be
  308  appended a certificate to the following effect:
  309  
  310         “I hereby certify that the above and foregoing fingerprints
  311  on this judgment are the fingerprints of the defendant, ....,
  312  and that they were placed thereon by said defendant in my
  313  presence, in open court, this the .... day of ....,
  314  ...(year)....”
  315  
  316  Such certificate shall be signed by the judge, whose signature
  317  thereto shall be followed by the word “Judge.”
  318         2. Any such written judgment of guilty of a petit theft, or
  319  a certified copy thereof, is admissible in evidence in the
  320  courts of this state as prima facie evidence that the
  321  fingerprints appearing thereon and certified by the judge are
  322  the fingerprints of the defendant against whom such judgment of
  323  guilty of a petit theft was rendered.
  324         (5)(a)A No person may not shall drive a motor vehicle so
  325  as to cause it to leave the premises of an establishment at
  326  which gasoline offered for retail sale was dispensed into the
  327  fuel tank of such motor vehicle unless the payment of authorized
  328  charge for the gasoline dispensed has been made. A violation of
  329  this subsection is punishable as provided in subsection (3)
  330         (b)In addition to the penalties prescribed in paragraph
  331  (3)(a), every judgment of guilty of a petit theft for property
  332  described in this subsection shall provide for the suspension of
  333  the convicted person’s driver license. The court shall forward
  334  the driver license to the Department of Highway Safety and Motor
  335  Vehicles in accordance with s. 322.25.
  336         1.The first suspension of a driver license under this
  337  subsection shall be for a period of up to 6 months.
  338         2.The second or subsequent suspension of a driver license
  339  under this subsection shall be for a period of 1 year.
  340         Section 10. Paragraph (a) of subsection (3) of section
  341  847.0141, Florida Statutes, is amended to read:
  342         847.0141 Sexting; prohibited acts; penalties.—
  343         (3) A minor who violates subsection (1):
  344         (a) Commits a noncriminal violation for a first violation.
  345  The minor must sign and accept a citation indicating a promise
  346  to appear before the juvenile court. In lieu of appearing in
  347  court, the minor may complete 8 hours of community service work,
  348  pay a $60 civil penalty, or participate in a cyber-safety
  349  program if such a program is locally available. The minor must
  350  satisfy any penalty within 30 days after receipt of the
  351  citation.
  352         1. A citation issued to a minor under this subsection must
  353  be in a form prescribed by the issuing law enforcement agency,
  354  must be signed by the minor, and must contain all of the
  355  following:
  356         a. The date and time of issuance.
  357         b. The name and address of the minor to whom the citation
  358  is issued.
  359         c. A thumbprint of the minor to whom the citation is
  360  issued.
  361         d. Identification of the noncriminal violation and the time
  362  it was committed.
  363         e. The facts constituting reasonable cause.
  364         f. The specific section of law violated.
  365         g. The name and authority of the citing officer.
  366         h. The procedures that the minor must follow to contest the
  367  citation, perform the required community service, pay the civil
  368  penalty, or participate in a cyber-safety program.
  369         2. If the citation is contested and the court determines
  370  that the minor committed a noncriminal violation under this
  371  section, the court may order the minor to perform 8 hours of
  372  community service, pay a $60 civil penalty, or participate in a
  373  cyber-safety program, or any combination thereof.
  374         3. A minor who fails to comply with the citation waives his
  375  or her right to contest it, and the court may impose any of the
  376  penalties identified in subparagraph 2. or issue an order to
  377  show cause. Upon a finding of contempt, the court may impose
  378  additional age-appropriate penalties, which may include issuance
  379  of an order to the Department of Highway Safety and Motor
  380  Vehicles to withhold issuance of, or suspend the driver license
  381  or driving privilege of, the minor for 30 consecutive days.
  382  However, the court may not impose incarceration.
  383         Section 11. Subsections (6) and (7) of section 877.112,
  384  Florida Statutes, are amended to read:
  385         877.112 Nicotine products and nicotine dispensing devices;
  386  prohibitions for minors; penalties; civil fines; signage
  387  requirements; preemption.—
  388         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  389  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  390  person under 18 years of age to knowingly possess any nicotine
  391  product or a nicotine dispensing device. Any person under 18
  392  years of age who violates this subsection commits a noncriminal
  393  violation as defined in s. 775.08(3), punishable by:
  394         (a) For a first violation, 16 hours of community service
  395  or, instead of community service, a $25 fine. In addition, the
  396  person must attend a school-approved anti-tobacco and nicotine
  397  program, if locally available; or
  398         (b) For a second or subsequent violation within 12 weeks
  399  after of the first violation, a $25 fine; or
  400         (c)For a third or subsequent violation within 12 weeks of
  401  the first violation, the court must direct the Department of
  402  Highway Safety and Motor Vehicles to withhold issuance of or
  403  suspend or revoke the person’s driver license or driving
  404  privilege, as provided in s. 322.056.
  405  
  406  Any second or subsequent violation not within the 12-week time
  407  period after the first violation is punishable as provided for a
  408  first violation.
  409         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  410  any person under 18 years of age to misrepresent his or her age
  411  or military service for the purpose of inducing a retailer of
  412  nicotine products or nicotine dispensing devices or an agent or
  413  employee of such retailer to sell, give, barter, furnish, or
  414  deliver any nicotine product or nicotine dispensing device, or
  415  to purchase, or attempt to purchase, any nicotine product or
  416  nicotine dispensing device from a person or a vending machine.
  417  Any person under 18 years of age who violates this subsection
  418  commits a noncriminal violation as defined in s. 775.08(3),
  419  punishable by:
  420         (a) For a first violation, 16 hours of community service
  421  or, instead of community service, a $25 fine and, in addition,
  422  the person must attend a school-approved anti-tobacco and
  423  nicotine program, if available; or
  424         (b) For a second or subsequent violation within 12 weeks
  425  after of the first violation, a $25 fine; or
  426         (c)For a third or subsequent violation within 12 weeks of
  427  the first violation, the court must direct the Department of
  428  Highway Safety and Motor Vehicles to withhold issuance of or
  429  suspend or revoke the person’s driver license or driving
  430  privilege, as provided in s. 322.056.
  431  
  432  Any second or subsequent violation not within the 12-week time
  433  period after the first violation is punishable as provided for a
  434  first violation.
  435         Section 12. This act shall take effect July 1, 2019.