Senate Bill 1218c1
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    Florida Senate - 1998                           CS for SB 1218
    By the Committee on Transportation and Senator Crist
    306-2129-98
  1                      A bill to be entitled
  2         An act relating to driver's license
  3         revocations; amending s. 318.18, F.S.;
  4         rescinding the fine for speeds exceeding the
  5         limit by 1-5 m.p.h. and replacing the fine with
  6         a warning; providing that fines for
  7         construction zone speed violations shall be
  8         doubled only under certain circumstances;
  9         amending s. 320.07, F.S.; revising penalties
10         for expiration of registration; amending s.
11         322.26, F.S.; providing for permanent
12         revocation of a driver's license for murder
13         resulting from the operation of a motor
14         vehicle, DUI manslaughter where the conviction
15         represents a subsequent DUI-related conviction,
16         or four or more DUI violations; amending s.
17         322.271, F.S.; providing for petition for
18         reinstatement under certain circumstances;
19         amending s. 322.28, F.S.; revising provisions
20         with respect to the period of suspension or
21         revocation; conforming current provisions to
22         the act; creating s. 322.283, F.S.; providing
23         for the commencement of the period of
24         suspension or revocation for incarcerated
25         offenders; providing for notification to the
26         Department of Highway Safety and Motor
27         Vehicles; amending s. 322.34, F.S.; providing
28         that the element of knowledge with respect to
29         the suspension, revocation, cancellation, or
30         disqualification is satisfied when certain
31         notice is sent; creating s. 322.341, F.S.;
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  1         providing penalties for driving while a license
  2         is permanently revoked; amending s. 627.733,
  3         F.S.; deleting a provision for revoking the
  4         driver's license of an owner or registrant of a
  5         motor vehicle who does not provide required
  6         security for that vehicle; providing an
  7         effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
10
11         Section 1.  Subsection (3) of section 318.18, Florida
12  Statutes, is amended to read:
13         318.18  Amount of civil penalties.--The penalties
14  required for a noncriminal disposition pursuant to s. 318.14
15  are as follows:
16         (3)(a)  Except as otherwise provided in this section,
17  $60 for all moving violations not requiring a mandatory
18  appearance.
19         (b)  For moving violations involving unlawful speed,
20  the fines are as follows:
21
22  For speed exceeding the limit by:                        Fine:
23  1-5 m.p.h..............................................Warning
24  6-9 1-9 m.p.h.............................................$ 25
25  10-14 m.p.h...............................................$100
26  15-19 m.p.h...............................................$125
27  20-29 m.p.h...............................................$150
28  30 m.p.h. and above.......................................$250
29
30         (c)  Notwithstanding paragraph (b), a person cited for
31  exceeding the speed limit by up to 5 m.p.h. in a legally
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  1  posted school zone will be fined $50. A person exceeding the
  2  speed limit in a school zone will be assessed a fine double
  3  the amount listed in paragraph (b).
  4         (d)  A person cited for exceeding the speed limit in or
  5  a posted construction zone will be assessed a fine double the
  6  amount listed in paragraph (b). The fine shall be doubled for
  7  construction zone violations only if construction personnel
  8  are present or operating equipment on the road or immediately
  9  adjacent to the road under construction.
10         (e)(d)  If a violation of s. 316.1301 or s. 316.1303
11  results in an injury to the pedestrian or damage to the
12  property of the pedestrian, an additional fine of up to $250
13  must be assessed.  This amount must be distributed pursuant to
14  s. 318.21.
15         Section 2.  Subsection (3) of section 320.07, Florida
16  Statutes, is amended to read:
17         320.07  Expiration of registration; annual renewal
18  required; penalties.--
19         (3)  The operation of any motor vehicle without having
20  attached thereto a registration license plate and validation
21  stickers, or the use of any mobile home without having
22  attached thereto a mobile home sticker, for the current
23  registration period shall subject the owner thereof, if he or
24  she is present, or, if the owner is not present, the operator
25  thereof to the following penalty provisions:
26         (a)  Any person whose motor vehicle or mobile home
27  registration has been expired for a period of 6 months or less
28  shall be subject to the penalty provided in s. 318.14.
29         (b)  Any person whose motor vehicle or mobile home
30  registration has been expired for more than 6 months shall
31
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  1  upon a first offense be subject to the penalty provided in s.
  2  318.14.
  3         (c)(b)  Any person whose motor vehicle or mobile home
  4  registration has been expired for more than 6 months shall
  5  upon a second or subsequent offense be is guilty of a
  6  misdemeanor of the second degree, punishable as provided in s.
  7  775.082 or s. 775.083.
  8         (d)(c)  However, no operator shall be charged with a
  9  violation of this subsection if the operator can show,
10  pursuant to a valid lease agreement, that the vehicle had been
11  leased for a period of 30 days or less at the time of the
12  offense.
13         Section 3.  Subsections (1) and (2) of section 322.26,
14  Florida Statutes, are amended to read:
15         322.26  Mandatory revocation of license by
16  department.--The department shall forthwith revoke the license
17  or driving privilege of any person upon receiving a record of
18  such person's conviction of any of the following offenses:
19         (1)(a)  Murder resulting from the operation of a motor
20  vehicle, DUI manslaughter where the conviction represents a
21  subsequent DUI-related conviction, or a fourth violation of s.
22  316.193 or former s. 316.1931. For such cases, the revocation
23  of the driver's license or driving privilege shall be
24  permanent.
25         (b)  Manslaughter resulting from the operation of a
26  motor vehicle.
27         (2)  Driving a motor vehicle or being in actual
28  physical control thereof, or entering a plea of nolo
29  contendere, said plea being accepted by the court and said
30  court entering a fine or sentence to a charge of driving,
31  while under the influence of alcoholic beverages or a
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  1  substance controlled under chapter 893, or being in actual
  2  physical control of a motor vehicle while under the influence
  3  of alcoholic beverages or a substance controlled under chapter
  4  893.  In any case where DUI manslaughter occurs and the person
  5  has no prior convictions for DUI-related offenses, the
  6  revocation of the license or driving privilege shall be
  7  permanent, except as provided for in s. 322.271(4).
  8         Section 4.  Paragraph (b) of subsection (1) and
  9  subsection (4) of section 322.271, Florida Statutes, are
10  amended to read:
11         322.271  Authority to modify revocation, cancellation,
12  or suspension order.--
13         (1)
14         (b)  A person whose driving privilege has been revoked
15  under s. 322.27(5) may, upon expiration of 12 months from the
16  date of such revocation, petition the department for
17  reinstatement restoration of his or her driving privilege.
18  Upon such petition and after investigation of the person's
19  qualification, fitness, and need to drive, the department
20  shall hold a hearing pursuant to chapter 120 to determine
21  whether the driving privilege shall be reinstated restored on
22  a restricted basis solely for business or employment purposes.
23         (4)  Notwithstanding the provisions of s. 322.28(2)(e),
24  a person whose driving privilege has been permanently revoked
25  because he or she has been convicted four times of violating
26  s. 316.193 or former s. 316.1931 or because he or she has been
27  convicted of DUI manslaughter in violation of s. 316.193 and
28  has no prior convictions for DUI-related offenses may, upon
29  the expiration of 5 years after the date of such revocation or
30  the expiration of 5 years after the termination of any term of
31  incarceration under s. 316.193 or former s. 316.1931,
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  1  whichever date is later, petition the department for
  2  reinstatement of his or her driving privilege.
  3         (a)  Within 30 days after the receipt of such a
  4  petition, the department shall afford the petitioner an
  5  opportunity for a hearing.  At the hearing, the petitioner
  6  must demonstrate to the department that he or she:
  7         1.  Has not been arrested for a drug-related offense
  8  during the 5 years preceding the filing of the petition;
  9         2.  Has not driven a motor vehicle without a license
10  for at least 5 years prior to the hearing;
11         3.  Has been drug-free for at least 5 years prior to
12  the hearing; and
13         4.  Has completed a DUI program licensed by the
14  department.
15         (b)  At such hearing, the department shall determine
16  the petitioner's qualification, fitness, and need to drive.
17  Upon such determination, the department may, in its
18  discretion, reinstate the driver's license of the petitioner.
19  Such reinstatement must be made subject to the following
20  qualifications:
21         1.  The license must be restricted for employment
22  purposes for not less than 1 year; and
23         2.  Such person must be supervised by a DUI program
24  licensed by the department and report to the program for such
25  supervision and education at least four times a year or
26  additionally as required by the program for the remainder of
27  the revocation period.  Such supervision shall include
28  evaluation, education, referral into treatment, and other
29  activities required by the department.
30         (c)  Such person must assume the reasonable costs of
31  supervision.  If such person fails to comply with the required
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  1  supervision, the program shall report the failure to the
  2  department, and the department shall cancel such person's
  3  driving privilege.
  4         (d)  If, after reinstatement, such person is convicted
  5  of an offense for which mandatory revocation of his or her
  6  license is required, the department shall revoke his or her
  7  driving privilege.
  8         (e)  The department shall adopt rules regulating the
  9  providing of services by DUI programs pursuant to this
10  section.
11         Section 5.  Paragraph (e) of subsection (2) of section
12  322.28, Florida Statutes, is amended, present subsections (3),
13  (4), (6), and (8) of that section are redesignated as
14  subsections (4), (5), (7), and (9), respectively, present
15  subsection (5) of that section is redesignated as subsection
16  (6) and amended, and a new subsection (3) is added to that
17  section, to read:
18         322.28  Period of suspension or revocation.--
19         (2)  In a prosecution for a violation of s. 316.193 or
20  former s. 316.1931, the following provisions apply:
21         (e)  The court shall permanently revoke the driver's
22  license or driving privilege of a person who has been
23  convicted four times for violation of s. 316.193 or former s.
24  316.1931 or a combination of such sections.  The court shall
25  permanently revoke the driver's license or driving privilege
26  of any person who has been convicted of DUI manslaughter in
27  violation of s. 316.193.  If the court has not permanently
28  revoked such driver's license or driving privilege within 30
29  days after imposing sentence, the department shall permanently
30  revoke the driver's license or driving privilege pursuant to
31  this paragraph.  No driver's license or driving privilege may
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  1  be issued or granted to any such person. This paragraph
  2  applies only if at least one of the convictions for violation
  3  of s. 316.193 or former s. 316.1931 was for a violation that
  4  occurred after July 1, 1982.  For the purposes of this
  5  paragraph, a conviction for violation of former s. 316.028,
  6  former s. 316.1931, or former s. 860.01 is also considered a
  7  conviction for violation of s. 316.193.  Also, a conviction of
  8  driving under the influence, driving while intoxicated,
  9  driving with an unlawful blood-alcohol level, or any other
10  similar alcohol-related or drug-related traffic offense
11  outside this state is considered a conviction for the purposes
12  of this paragraph.
13         (3)  The court shall permanently revoke the driver's
14  license or driving privilege of a person who has been
15  convicted of murder resulting from the operation of a motor
16  vehicle. No driver's license or driving privilege may be
17  issued or granted to any such person.
18         (4)(3)  Upon the conviction of a person for a violation
19  of s. 322.34, the license or driving privilege, if suspended,
20  shall be suspended for 3 months in addition to the period of
21  suspension previously imposed and, if revoked, the time after
22  which a new license may be issued shall be delayed 3 months.
23         (5)(4)  If, in any case arising under this section, a
24  licensee, after having been given notice of suspension or
25  revocation of his or her license in the manner provided in s.
26  322.251, fails to surrender to the department a license
27  theretofore suspended or revoked, as required by s. 322.29, or
28  fails otherwise to account for the license to the satisfaction
29  of the department, the period of suspension of the license, or
30  the period required to elapse after revocation before a new
31  license may be issued, shall be extended until, and shall not
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  1  expire until, a period has elapsed after the date of surrender
  2  of the license, or after the date of expiration of the
  3  license, whichever occurs first, which is identical in length
  4  with the original period of suspension or revocation.
  5         (6)(5)(a)  Upon a conviction for a violation of s.
  6  316.193(3)(c)2., involving serious bodily injury, a conviction
  7  of manslaughter resulting from the operation of a motor
  8  vehicle, or a conviction of vehicular homicide, the court
  9  shall revoke the driver's license of the person convicted for
10  a minimum period of 3 years if death to any other person
11  resulted from the operation of a motor vehicle by such driver.
12  In the event that a conviction under s. 316.193(3)(c)2.,
13  involving serious bodily injury, is also a subsequent
14  conviction as described under paragraph (2)(a), the court
15  shall revoke the driver's license or driving privilege of the
16  person convicted for the period applicable as provided in
17  paragraph (2)(a) or paragraph (2)(e).
18         (b)  If the period of revocation was not specified by
19  the court at the time of imposing sentence or within 30 days
20  thereafter, the department shall revoke the driver's license
21  for the minimum period applicable under paragraph (a) or, for
22  a subsequent conviction, for the minimum period applicable
23  under paragraph (2)(a) or paragraph (2)(e).
24         (7)(6)  No administrative suspension of a driving
25  privilege under s. 322.2615 shall be stayed upon a request for
26  review of the departmental order that resulted in such
27  suspension and, except as provided in former s. 322.261, no
28  suspension or revocation of a driving privilege shall be
29  stayed upon an appeal of the conviction or order that resulted
30  therein.
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  1         (8)(7)  In a prosecution for a violation of s.
  2  316.172(1), and upon a showing of the department's records
  3  that the licensee has received a second conviction within a
  4  period of 5 years from the date of a prior conviction of s.
  5  316.172(1), the department shall, upon direction of the court,
  6  suspend the driver's license of the person convicted for a
  7  period of not less than 90 days nor more than 6 months.
  8         Section 6.  Section 322.283, Florida Statutes, is
  9  created to read:
10         322.283  Commencement of period of suspension or
11  revocation for incarcerated offenders.--
12         (1)  When the court in a criminal traffic case orders
13  the defendant to serve a term of incarceration or imprisonment
14  and also suspends or revokes the defendant's driver's license
15  as a result of the offense, the period of suspension or
16  revocation shall commence upon the defendant's release from
17  incarceration. For purposes of calculating the defendant's
18  eligibility for reinstatement of his or her driver's license
19  or driving privilege under this section, the date of the
20  defendant's release from incarceration shall be deemed the
21  date the suspension or revocation period was imposed.
22         (2)  For defendants convicted of a criminal traffic
23  offense and sentenced to imprisonment with the Department of
24  Corrections, the Department of Corrections shall notify the
25  Department of Highway Safety and Motor Vehicles of the date of
26  the defendant's release from prison or other state
27  correctional facility. For defendants convicted of a criminal
28  traffic offense and sentenced to incarceration within the
29  jurisdictional county jail or other correctional facility
30  operated by the jurisdictional county, the sheriff of the
31  jurisdictional county wherein the defendant is incarcerated
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  1  shall notify the Department of Highway Safety and Motor
  2  Vehicles of the date of the defendant's release from the
  3  county jail or other correctional facility. The notification
  4  of a defendant's release from incarceration shall be on a form
  5  approved by the Department of Highway Safety and Motor
  6  Vehicles. This subsection applies only to those defendants who
  7  have had their driver's license or driving privilege suspended
  8  or revoked as a result of the offense for which they are
  9  incarcerated or imprisoned.
10         Section 7.  Subsection (2) of section 322.34, Florida
11  Statutes, is amended to read:
12         322.34  Driving while license suspended, revoked,
13  canceled, or disqualified.--
14         (2)  Any person whose driver's license or driving
15  privilege has been canceled, suspended, or revoked as provided
16  by law, except persons defined in s. 322.264, who, knowing of
17  such cancellation, suspension, or revocation, drives any motor
18  vehicle upon the highways of this state while such license or
19  privilege is canceled, suspended, or revoked, upon:
20         (a)  A first conviction is guilty of a misdemeanor of
21  the second degree, punishable as provided in s. 775.082 or s.
22  775.083.
23         (b)  A second conviction is guilty of a misdemeanor of
24  the first degree, punishable as provided in s. 775.082 or s.
25  775.083.
26         (c)  A third or subsequent conviction is guilty of a
27  felony of the third degree, punishable as provided in s.
28  775.082, s. 775.083, or s. 775.084.
29
30  The element of knowledge is satisfied if the person has been
31  previously cited as provided in subsection (1); or the person
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  1  admits to knowledge of the cancellation, suspension, or
  2  revocation; or the person received notice as provided in
  3  subsection (4). There shall be a rebuttable presumption that
  4  the knowledge requirement is satisfied if a judgment or order
  5  as provided in subsection (4) appears in the department's
  6  records for any case except for one involving a suspension by
  7  the department for failure to pay a traffic fine or for a
  8  financial responsibility violation.
  9         Section 8.  Section 322.341, Florida Statutes, is
10  created to read:
11         322.341  Driving while license permanently
12  revoked.--Any person whose driver's license or driving
13  privilege has been permanently revoked pursuant to s. 322.26
14  or s. 322.28 and who drives a motor vehicle upon the highways
15  of this state is guilty of a felony of the third degree,
16  punishable as provided in s. 775.082, s. 775.083, or s.
17  775.084. Any person convicted under this section shall be
18  sentenced to a minimum term of imprisonment of 2 years.
19         Section 9.  Subsections (6) and (7) of section 627.733,
20  Florida Statutes, are amended to read:
21         627.733  Required security.--
22         (6)  The Department of Highway Safety and Motor
23  Vehicles shall suspend, after due notice and an opportunity to
24  be heard, the registration and driver's license of any owner
25  or registrant of a motor vehicle with respect to which
26  security is required under this section and s. 324.022:
27         (a)  Upon its records showing that the owner or
28  registrant of such motor vehicle did not have in full force
29  and effect when required security complying with the terms of
30  this section; or
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  1         (b)  Upon notification by the insurer to the Department
  2  of Highway Safety and Motor Vehicles, in a form approved by
  3  the department, of cancellation or termination of the required
  4  security.
  5         (7)(a)  Any operator or owner whose driver's license or
  6  registration has been suspended pursuant to this section or s.
  7  316.646 may effect its reinstatement upon compliance with the
  8  requirements of this section and upon payment to the
  9  Department of Highway Safety and Motor Vehicles of a
10  nonrefundable reinstatement fee of $150 for the first
11  reinstatement.  Such reinstatement fee shall be $250 for the
12  second reinstatement and $500 for each subsequent
13  reinstatement during the 3 years following the first
14  reinstatement. Any person reinstating her or his insurance
15  under this subsection must also secure noncancelable coverage
16  as described in s. 627.7275(2) and present to the appropriate
17  person proof that the coverage is in force on a form
18  promulgated by the Department of Highway Safety and Motor
19  Vehicles, such proof to be maintained for 2 years.  If the
20  person does not have a second reinstatement within 3 years
21  after her or his initial reinstatement, the reinstatement fee
22  shall be $150 for the first reinstatement after that 3-year
23  period.  In the event that a person's license and registration
24  are suspended pursuant to this section or s. 316.646, only one
25  reinstatement fee shall be paid to reinstate the license and
26  the registration.  All fees shall be collected by the
27  Department of Highway Safety and Motor Vehicles at the time of
28  reinstatement.  The Department of Highway Safety and Motor
29  Vehicles shall issue proper receipts for such fees and shall
30  promptly deposit those fees in the Highway Safety Operating
31  Trust Fund. One-third of the fee collected under this
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  1  subsection shall be distributed from the Highway Safety
  2  Operating Trust Fund to the local government entity or state
  3  agency which employed the law enforcement officer or the
  4  recovery agent who seizes a license plate pursuant to s.
  5  324.201 or to s. 324.202.  Such funds may be used by the local
  6  government entity or state agency for any authorized purpose.
  7         (b)  One-third of the fee collected for the seizure of
  8  a license plate by a recovery agent shall be paid to the
  9  recovery agent, and the balance shall remain in the Highway
10  Safety Operating Trust Fund and be distributed pursuant to s.
11  321.245.
12         Section 10.  This act shall take effect July 1, 1999.
13
14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1218
16
17  The CS provides that other than in a school zone persons
    exceeding the posted speed limit by 1-5 miles per hour would
18  receive a warning rather than a $25 citation. The CS also
    specifies certain conditions under which fines for speed
19  violations in construction zones may be doubled.
20  The CS provides that any person whose motor vehicle or mobile
    home registration has been expired for more than 6 months will
21  upon the first offense be cited with a noncriminal traffic
    infraction. A second offense is punishable as a second degree
22  misdemeanor.
23  The CS provides for the permanent revocation of driving
    privileges for persons convicted of murder resulting from the
24  operation of a motor vehicle, DUI manslaughter where the
    conviction represents a subsequent DUI-related conviction, or
25  4 or more DUI-related violations. The CS revises the element
    of knowledge for purposes of driving with a suspended,
26  revoked, cancelled, or disqualified license to provide that
    there a rebuttable presumption that the knowledge requirement
27  is satisfied if a judgment or order appears on the
    Department's driving records.  Exceptions include failure to
28  pay traffic fine and financial responsibility violations.
29  The CS eliminates the Department's authority to suspend the
    driver's license of a motor vehicle owner not complying with
30  the security requirements provided for in sections 324.022 and
    627.733, F.S.
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