| 1 | A bill to be entitled | 
| 2 | An act relating to uniform traffic control; creating the  | 
| 3 | "Mark Wandall Traffic Safety Act"; amending s. 316.003,  | 
| 4 | F.S.; defining the term "traffic infraction detector";  | 
| 5 | creating the Mark Wandall Traffic Safety Program to be  | 
| 6 | administered by the Department of Highway Safety and Motor  | 
| 7 | Vehicles; authorizing counties and municipalities to enact  | 
| 8 | ordinances permitting the use of traffic infraction  | 
| 9 | detectors; requiring signage; requiring certain public  | 
| 10 | awareness procedures; requiring the ordinance to establish  | 
| 11 | a fine of a certain amount; prohibiting additional  | 
| 12 | charges; providing exceptions; providing penalties for  | 
| 13 | traffic control signal violations detected by traffic  | 
| 14 | infraction detectors; providing procedures; providing for  | 
| 15 | tickets to be issued; providing for disposition of tickets  | 
| 16 | issued; providing for disposition of revenue; providing  | 
| 17 | complaint procedures; providing for the Legislature to  | 
| 18 | exclude a county or municipality from the program;  | 
| 19 | requiring reports from municipalities and counties in the  | 
| 20 | program to the department; requiring the department to  | 
| 21 | make reports to the Governor and the Legislature; amending  | 
| 22 | s. 316.0745, F.S.; providing that traffic infraction  | 
| 23 | detectors must meet certain requirements; amending s.  | 
| 24 | 322.264, F.S.; revising the definition of the term  | 
| 25 | "habitual traffic offender" to include a certain number of  | 
| 26 | violations of a traffic control signal steady red light  | 
| 27 | indication within a certain timeframe; reenacting ss.  | 
| 28 | 322.27(5) and 322.34(1), (2), (5), and (8)(a), F.S.,  | 
| 29 | relating to the authority of the Department of Highway  | 
| 30 | Safety and Motor Vehicles to suspend or revoke a driver  | 
| 31 | license and driving while a driver license is suspended,  | 
| 32 | revoked, canceled, or disqualified, for the purpose of  | 
| 33 | incorporating the amendment to s. 322.264, F.S., in  | 
| 34 | references thereto; providing for severability; providing  | 
| 35 | an effective date. | 
| 36 | 
  | 
| 37 | Be It Enacted by the Legislature of the State of Florida: | 
| 38 | 
  | 
| 39 |      Section 1.  This act may be cited as the "Mark Wandall  | 
| 40 | Traffic Safety Act." | 
| 41 |      Section 2. Subsection (86) is added to section 316.003,  | 
| 42 | Florida Statutes, to read: | 
| 43 |      316.003  Definitions.--The following words and phrases,  | 
| 44 | when used in this chapter, shall have the meanings respectively  | 
| 45 | ascribed to them in this section, except where the context  | 
| 46 | otherwise requires: | 
| 47 |      (86)  TRAFFIC INFRACTION DETECTOR.--A device that uses a  | 
| 48 | vehicle sensor installed to work in conjunction with a traffic  | 
| 49 | control signal and a camera synchronized to automatically record  | 
| 50 | two or more sequenced photographic or electronic images or  | 
| 51 | streaming video of only the rear of a motor vehicle at the time  | 
| 52 | the vehicle fails to stop behind the stop bar or clearly marked  | 
| 53 | stop line when facing a traffic control signal steady red light.  | 
| 54 | Any citation issued by the use of a traffic infraction detector  | 
| 55 | must include a photograph showing both the license tag of the  | 
| 56 | offending vehicle and the traffic control device being violated. | 
| 57 |      Section 3.  Mark Wandall Traffic Safety Program;  | 
| 58 | administration, report.-- | 
| 59 |      (1)  There is hereby created the Mark Wandall Traffic  | 
| 60 | Safety Program governing the operation of traffic infraction  | 
| 61 | detectors. The program shall be administered by the Department  | 
| 62 | of Highway Safety and Motor Vehicles and shall include the  | 
| 63 | following provisions: | 
| 64 |      (a)  In order to utilize a traffic infraction detector, a  | 
| 65 | county or municipality must enact an ordinance that provides for  | 
| 66 | the use of a traffic infraction detector to enforce s.  | 
| 67 | 316.075(1)(c), Florida Statutes, which requires the driver of a  | 
| 68 | motor vehicle to stop the vehicle when facing a traffic control  | 
| 69 | signal steady red light on the streets and highways under the  | 
| 70 | jurisdiction of the county or municipality. A county or  | 
| 71 | municipality that operates a traffic infraction detector must  | 
| 72 | authorize a traffic infraction enforcement officer to issue a  | 
| 73 | ticket for a violation of s. 316.075(1)(c), Florida Statutes,  | 
| 74 | and to enforce the payment of tickets for such violation. This  | 
| 75 | paragraph does not authorize a traffic infraction enforcement  | 
| 76 | officer to carry a firearm or other weapon and does not  | 
| 77 | authorize such an officer to make arrests. The ordinance must  | 
| 78 | require signs to be posted at locations designated by the county  | 
| 79 | or municipality providing notification that a traffic infraction  | 
| 80 | detector may be in use. Such signage must conform to the  | 
| 81 | standards and requirements adopted by the Department of  | 
| 82 | Transportation under s. 316.0745, Florida Statutes. The  | 
| 83 | ordinance also must require that the county or municipality make  | 
| 84 | a public announcement and conduct a public awareness campaign of  | 
| 85 | the proposed use of traffic infraction detectors at least 30  | 
| 86 | days before commencing the enforcement program. In addition, the  | 
| 87 | ordinance must establish a fine of $125 to be assessed against  | 
| 88 | the registered owner of a motor vehicle whose vehicle fails to  | 
| 89 | stop when facing a traffic control signal steady red light, as  | 
| 90 | determined through the use of a traffic infraction detector. Any  | 
| 91 | other provision of law to the contrary notwithstanding, an  | 
| 92 | additional surcharge, fee, or cost may not be added to the civil  | 
| 93 | penalty authorized by this paragraph. | 
| 94 |      (b)  When responding to an emergency call, an emergency  | 
| 95 | vehicle is exempt from any ordinance enacted under this section. | 
| 96 |      (c)  A county or municipality must adopt an ordinance that  | 
| 97 | provides for the use of a traffic infraction detector in order  | 
| 98 | to impose a fine on the registered owner of a motor vehicle for  | 
| 99 | a violation of an ordinance enacted under s. 316.008, Florida  | 
| 100 | Statutes. The fine shall be imposed in the same manner and is  | 
| 101 | subject to the same limitations as provided for parking  | 
| 102 | violations under s. 316.1967, Florida Statutes. Chapter 318 and  | 
| 103 | s. 322.27, Florida Statutes, do not apply to a violation of an  | 
| 104 | ordinance enacted under s. 316.008, Florida Statutes. Such a  | 
| 105 | violation is not a conviction of the operator, may not be made a  | 
| 106 | part of the driving record of the operator, and may not be used  | 
| 107 | for purposes of setting motor vehicle insurance rates. Points  | 
| 108 | may not be assessed based upon such a violation. | 
| 109 |      (d)  The procedures set forth in s. 316.1967(2)-(5),  | 
| 110 | Florida Statutes, apply to a violation of an ordinance enacted  | 
| 111 | under s. 316.008, Florida Statutes, except that the ticket must  | 
| 112 | contain the name and address of the person alleged to be liable  | 
| 113 | as the registered owner or operator of the motor vehicle  | 
| 114 | involved in the violation, the registration number of the  | 
| 115 | vehicle, the violation charged, a copy of the recorded image,  | 
| 116 | the location where the violation occurred, the date and time of  | 
| 117 | the violation, information that identifies the device that  | 
| 118 | recorded the violation, and a signed statement by a specifically  | 
| 119 | trained technician employed by the agency or its contractor  | 
| 120 | that, based on inspection of recorded images, the motor vehicle  | 
| 121 | was being operated in violation of s. 316.075(1)(c), Florida  | 
| 122 | Statutes. The ticket must advise the registered owner of the  | 
| 123 | motor vehicle responsible for the violation of the amount of the  | 
| 124 | fine, the date by which the fine must be paid, and the procedure  | 
| 125 | for contesting the violation alleged in the ticket. The ticket  | 
| 126 | must contain a warning that failure to contest the violation in  | 
| 127 | the manner and time provided is deemed an admission of the  | 
| 128 | liability and that a default may be entered thereon. The  | 
| 129 | violation shall be processed by the county or municipality that  | 
| 130 | has jurisdiction over the street or highway where the violation  | 
| 131 | occurred or by any entity authorized by the county or  | 
| 132 | municipality to prepare and mail the ticket. | 
| 133 |      (e)  The ticket shall be sent by first-class mail addressed  | 
| 134 | to the registered owner of the motor vehicle and postmarked no  | 
| 135 | later than 14 days after the date of the violation. | 
| 136 |      (f)1.  The registered owner of the motor vehicle involved  | 
| 137 | in a violation is responsible and liable for payment of the fine  | 
| 138 | assessed under this section unless the owner can establish: | 
| 139 |      a.  That the vehicle passed through the intersection in  | 
| 140 | order to yield right-of-way to an emergency vehicle or as part  | 
| 141 | of a funeral procession; | 
| 142 |      b.  That the vehicle passed through the intersection at the  | 
| 143 | direction of a law enforcement officer; or | 
| 144 |      c.  That the vehicle was, at the time of the violation, in  | 
| 145 | the care, custody, or control of another person. | 
| 146 |      2.  In order to establish such facts, the registered owner  | 
| 147 | of the vehicle must, within 20 days after receipt of  | 
| 148 | notification of the alleged violation, furnish to the county or  | 
| 149 | municipality, as appropriate, an affidavit that sets forth: | 
| 150 |      a.  The name, address, and, if known, driver's license  | 
| 151 | number of the person who leased, rented, or otherwise had care,  | 
| 152 | custody, or control of the motor vehicle at the time of the  | 
| 153 | alleged violation; or | 
| 154 |      b.  That the vehicle was stolen, with a copy of the police  | 
| 155 | report indicating that the vehicle was stolen at the time of the  | 
| 156 | alleged violation. | 
| 157 |      3.  Upon receipt of an affidavit, the agency may issue a  | 
| 158 | ticket to the person designated as having had care, custody, or  | 
| 159 | control of the motor vehicle at the time of the violation. The  | 
| 160 | ticket must be issued no later than 14 days after the agency's  | 
| 161 | receipt of the affidavit. The affidavit is admissible in a  | 
| 162 | proceeding under this section for the purpose of proving that  | 
| 163 | the person identified in the affidavit was in actual care,  | 
| 164 | custody, or control of the motor vehicle. | 
| 165 |      (g)  A person may elect to contest the determination that  | 
| 166 | such person failed to stop at a traffic control signal steady  | 
| 167 | red light as evidenced by a traffic infraction detector by  | 
| 168 | electing to appear before any judge authorized by law to preside  | 
| 169 | over a court hearing that adjudicates traffic infractions. A  | 
| 170 | person who elects to appear before the court to present evidence  | 
| 171 | is deemed to have waived the limitation of civil penalties  | 
| 172 | imposed for the violation. The court, after hearing, shall  | 
| 173 | determine whether the violation was committed and may impose a  | 
| 174 | civil penalty not to exceed $125 plus costs. The court may take  | 
| 175 | appropriate measures to enforce collection of any penalty not  | 
| 176 | paid within the time permitted by the court. | 
| 177 |      (h)  A certificate sworn to or affirmed by a person  | 
| 178 | authorized under s. 316.008, Florida Statutes, who is employed  | 
| 179 | by or under contract with the county or municipality where the  | 
| 180 | infraction occurred, or a facsimile thereof that is based upon  | 
| 181 | inspection of photographs or other recorded images produced by a  | 
| 182 | traffic infraction detector, is prima facie evidence of the  | 
| 183 | facts contained in the certificate. A photograph or other  | 
| 184 | recorded image evidencing such a violation must be available for  | 
| 185 | inspection in any proceeding to adjudicate liability for  | 
| 186 | violation of an ordinance enacted under s. 316.008, Florida  | 
| 187 | Statutes. | 
| 188 |      (i)  In any county or municipality in which tickets are  | 
| 189 | issued as provided in this section, the names of persons who  | 
| 190 | have one or more outstanding violations may be included on the  | 
| 191 | list authorized under s. 316.1967(6), Florida Statutes. | 
| 192 |      (j)  If the driver of the motor vehicle received a citation  | 
| 193 | from a police officer at the time of the violation, a ticket may  | 
| 194 | not be issued pursuant to this section. | 
| 195 |      (k)  The uniform traffic citation prepared by the  | 
| 196 | department under s. 316.650, Florida Statutes, may not be issued  | 
| 197 | for any violation for which a ticket is issued as provided in  | 
| 198 | this section. | 
| 199 |      (2)  The fine imposed pursuant to paragraph (1)(a) or  | 
| 200 | paragraph (1)(g) shall be remitted to the Department of Revenue  | 
| 201 | for distribution as follows: | 
| 202 |      (a)  Sixty-five dollars of the fine amount shall be  | 
| 203 | deposited into the Administrative Trust Fund of the Department  | 
| 204 | of Health for distribution pursuant to s. 395.4036, Florida  | 
| 205 | Statutes. | 
| 206 |      (b)  The remaining $60 shall be distributed pursuant to s.  | 
| 207 | 318.21(1) and (2), Florida Statutes. | 
| 208 |      (3)  A complaint that a county or municipality is employing  | 
| 209 | traffic infraction detectors for purposes other than the  | 
| 210 | promotion of public health, welfare, and safety or in a manner  | 
| 211 | inconsistent with this section may be submitted to the governing  | 
| 212 | board of such county or municipality. Such complaints, along  | 
| 213 | with any investigation and corrective action taken by the county  | 
| 214 | or municipal governing body, shall be included in the annual  | 
| 215 | report to the Department of Highway Safety and Motor Vehicles  | 
| 216 | and in the department's annual summary report to the Governor,  | 
| 217 | the President of the Senate, and the Speaker of the House  | 
| 218 | Representatives, as required by this section. Based on its  | 
| 219 | review of the report, the Legislature may exclude a county or  | 
| 220 | municipality from further participation in the program. | 
| 221 |      (4)(a)  Each county or municipality that operates a traffic  | 
| 222 | infraction detector shall submit an annual report to the  | 
| 223 | Department of Highway Safety and Motor Vehicles which details  | 
| 224 | the results of using the traffic infraction detector and the  | 
| 225 | procedures for enforcement. | 
| 226 |      (b)  The Department of Highway Safety and Motor Vehicles  | 
| 227 | shall provide a summary report to the Governor, the President of  | 
| 228 | the Senate, and the Speaker of the House of Representatives  | 
| 229 | regarding the use and operation of traffic infraction detectors  | 
| 230 | under s. 316.008, Florida Statutes. The summary report must  | 
| 231 | include a review of the information submitted to the department  | 
| 232 | by the counties and municipalities and must describe the  | 
| 233 | enhancement of the traffic safety and enforcement programs. The  | 
| 234 | department shall report its recommendations, including any  | 
| 235 | necessary legislation, on or before December 1, 2008, to the  | 
| 236 | Governor, the President of the Senate, and the Speaker of the  | 
| 237 | House of Representatives. | 
| 238 |      Section 4.  Subsection (6) of section 316.0745, Florida  | 
| 239 | Statutes, is amended to read: | 
| 240 |      316.0745  Uniform signals and devices.-- | 
| 241 |      (6)(a)  Any system of traffic control devices controlled  | 
| 242 | and operated from a remote location by electronic computers or  | 
| 243 | similar devices must shall meet all requirements established for  | 
| 244 | the uniform system, and, if where such a system affects systems  | 
| 245 | affect the movement of traffic on state roads, the design of the  | 
| 246 | system must shall be reviewed and approved by the Department of  | 
| 247 | Transportation. | 
| 248 |      (b)  Any traffic infraction detector deployed on the  | 
| 249 | streets and highways of the state must meet requirements  | 
| 250 | established by the Department of Transportation and must be  | 
| 251 | tested at regular intervals according to procedures prescribed  | 
| 252 | by that department. | 
| 253 |      Section 5.  Subsection (6) of section 316.1967, Florida  | 
| 254 | Statutes, reads: | 
| 255 |      316.1967  Liability for payment of parking ticket  | 
| 256 | violations and other parking violations.-- | 
| 257 |      (6)  Any county or municipality may provide by ordinance  | 
| 258 | that the clerk of the court or the traffic violations bureau  | 
| 259 | shall supply the department with a magnetically encoded computer  | 
| 260 | tape reel or cartridge or send by other electronic means data  | 
| 261 | which is machine readable by the installed computer system at  | 
| 262 | the department, listing persons who have three or more  | 
| 263 | outstanding parking violations, including violations of s.  | 
| 264 | 316.1955. Each county shall provide by ordinance that the clerk  | 
| 265 | of the court or the traffic violations bureau shall supply the  | 
| 266 | department with a magnetically encoded computer tape reel or  | 
| 267 | cartridge or send by other electronic means data that is machine  | 
| 268 | readable by the installed computer system at the department,  | 
| 269 | listing persons who have any outstanding violations of s.  | 
| 270 | 316.1955 or any similar local ordinance that regulates parking  | 
| 271 | in spaces designated for use by persons who have disabilities.  | 
| 272 | The department shall mark the appropriate registration records  | 
| 273 | of persons who are so reported. Section 320.03(8) applies to  | 
| 274 | each person whose name appears on the list. | 
| 275 |      Section 6.  Subsection (8) of section 320.03, Florida  | 
| 276 | Statutes, reads: | 
| 277 |      320.03  Registration; duties of tax collectors;  | 
| 278 | International Registration Plan.-- | 
| 279 |      (8)  If the applicant's name appears on the list referred  | 
| 280 | to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a  | 
| 281 | license plate or revalidation sticker may not be issued until  | 
| 282 | that person's name no longer appears on the list or until the  | 
| 283 | person presents a receipt from the clerk showing that the fines  | 
| 284 | outstanding have been paid. This subsection does not apply to  | 
| 285 | the owner of a leased vehicle if the vehicle is registered in  | 
| 286 | the name of the lessee of the vehicle. The tax collector and the  | 
| 287 | clerk of the court are each entitled to receive monthly, as  | 
| 288 | costs for implementing and administering this subsection, 10  | 
| 289 | percent of the civil penalties and fines recovered from such  | 
| 290 | persons. As used in this subsection, the term "civil penalties  | 
| 291 | and fines" does not include a wrecker operator's lien as  | 
| 292 | described in s. 713.78(13). If the tax collector has private tag  | 
| 293 | agents, such tag agents are entitled to receive a pro rata share  | 
| 294 | of the amount paid to the tax collector, based upon the  | 
| 295 | percentage of license plates and revalidation stickers issued by  | 
| 296 | the tag agent compared to the total issued within the county.  | 
| 297 | The authority of any private agent to issue license plates shall  | 
| 298 | be revoked, after notice and a hearing as provided in chapter  | 
| 299 | 120, if he or she issues any license plate or revalidation  | 
| 300 | sticker contrary to the provisions of this subsection. This  | 
| 301 | section applies only to the annual renewal in the owner's birth  | 
| 302 | month of a motor vehicle registration and does not apply to the  | 
| 303 | transfer of a registration of a motor vehicle sold by a motor  | 
| 304 | vehicle dealer licensed under this chapter, except for the  | 
| 305 | transfer of registrations which is inclusive of the annual  | 
| 306 | renewals. This section does not affect the issuance of the title  | 
| 307 | to a motor vehicle, notwithstanding s. 319.23(7)(b). | 
| 308 |      Section 7.  Section 322.264, Florida Statutes, is amended  | 
| 309 | to read: | 
| 310 |      322.264  "Habitual traffic offender" defined.--A "habitual  | 
| 311 | traffic offender" is any person whose record, as maintained by  | 
| 312 | the Department of Highway Safety and Motor Vehicles, shows that  | 
| 313 | such person has accumulated the specified number of convictions  | 
| 314 | for offenses described in subsection (1) or subsection (2)  | 
| 315 | within a 5-year period or the specified number of convictions  | 
| 316 | for offenses described in subsection (3) within a 3-year period: | 
| 317 |      (1)  Three or more convictions of any one or more of the  | 
| 318 | following offenses arising out of separate acts: | 
| 319 |      (a)  Voluntary or involuntary manslaughter resulting from  | 
| 320 | the operation of a motor vehicle; | 
| 321 |      (b)  Any violation of s. 316.193, former s. 316.1931, or  | 
| 322 | former s. 860.01; | 
| 323 |      (c)  Any felony in the commission of which a motor vehicle  | 
| 324 | is used; | 
| 325 |      (d)  Driving a motor vehicle while his or her license is  | 
| 326 | suspended or revoked; | 
| 327 |      (e)  Failing to stop and render aid as required under the  | 
| 328 | laws of this state in the event of a motor vehicle crash  | 
| 329 | resulting in the death or personal injury of another; or | 
| 330 |      (f)  Driving a commercial motor vehicle while his or her  | 
| 331 | privilege is disqualified. | 
| 332 |      (2)  Fifteen convictions for moving traffic offenses for  | 
| 333 | which points may be assessed as set forth in s. 322.27,  | 
| 334 | including those offenses in subsection (1). | 
| 335 |      (3)  Three convictions under s. 316.075 for a violation of  | 
| 336 | a traffic control signal steady red light indication. | 
| 337 | 
  | 
| 338 | Any violation of any federal law, any law of another state or  | 
| 339 | country, or any valid ordinance of a municipality or county of  | 
| 340 | another state similar to a statutory prohibition specified in  | 
| 341 | subsection (1), or subsection (2), or subsection (3) shall be  | 
| 342 | counted as a violation of such prohibition. In computing the  | 
| 343 | number of convictions, all convictions during the 5 years  | 
| 344 | previous to July 1, 1972, will be used, provided at least one  | 
| 345 | conviction occurs after that date. In computing the number of  | 
| 346 | convictions for offenses listed in subsection (3), all  | 
| 347 | convictions during the 3 years previous to July 1, 2007, will be  | 
| 348 | used, provided at least one conviction occurs after that date.  | 
| 349 | The fact that previous convictions may have resulted in  | 
| 350 | suspension, revocation, or disqualification under another  | 
| 351 | section does not exempt them from being used for suspension or  | 
| 352 | revocation under this section as a habitual offender. | 
| 353 |      Section 8.  For the purpose of incorporating the amendment  | 
| 354 | made by this act to section 322.264, Florida Statutes, in a  | 
| 355 | reference thereto, subsection (5) of section 322.27, Florida  | 
| 356 | Statutes, is reenacted to read: | 
| 357 |      322.27  Authority of department to suspend or revoke  | 
| 358 | license.-- | 
| 359 |      (5)  The department shall revoke the license of any person  | 
| 360 | designated a habitual offender, as set forth in s. 322.264, and  | 
| 361 | such person shall not be eligible to be relicensed for a minimum  | 
| 362 | of 5 years from the date of revocation, except as provided for  | 
| 363 | in s. 322.271. Any person whose license is revoked may, by  | 
| 364 | petition to the department, show cause why his or her license  | 
| 365 | should not be revoked. | 
| 366 |      Section 9.  For the purpose of incorporating the amendment  | 
| 367 | made by this act to section 322.264, Florida Statutes, in  | 
| 368 | references thereto, subsections (1), (2), and (5) and paragraph  | 
| 369 | (a) of subsection (8) of section 322.34, Florida Statutes, are  | 
| 370 | reenacted to read: | 
| 371 |      322.34  Driving while license suspended, revoked, canceled,  | 
| 372 | or disqualified.-- | 
| 373 |      (1)  Except as provided in subsection (2), any person whose  | 
| 374 | driver's license or driving privilege has been canceled,  | 
| 375 | suspended, or revoked, except a "habitual traffic offender" as  | 
| 376 | defined in s. 322.264, who drives a vehicle upon the highways of  | 
| 377 | this state while such license or privilege is canceled,  | 
| 378 | suspended, or revoked is guilty of a moving violation,  | 
| 379 | punishable as provided in chapter 318. | 
| 380 |      (2)  Any person whose driver's license or driving privilege  | 
| 381 | has been canceled, suspended, or revoked as provided by law,  | 
| 382 | except persons defined in s. 322.264, who, knowing of such  | 
| 383 | cancellation, suspension, or revocation, drives any motor  | 
| 384 | vehicle upon the highways of this state while such license or  | 
| 385 | privilege is canceled, suspended, or revoked, upon: | 
| 386 |      (a)  A first conviction is guilty of a misdemeanor of the  | 
| 387 | second degree, punishable as provided in s. 775.082 or s.  | 
| 388 | 775.083. | 
| 389 |      (b)  A second conviction is guilty of a misdemeanor of the  | 
| 390 | first degree, punishable as provided in s. 775.082 or s.  | 
| 391 | 775.083. | 
| 392 |      (c)  A third or subsequent conviction is guilty of a felony  | 
| 393 | of the third degree, punishable as provided in s. 775.082, s.  | 
| 394 | 775.083, or s. 775.084. | 
| 395 | 
  | 
| 396 | The element of knowledge is satisfied if the person has been  | 
| 397 | previously cited as provided in subsection (1); or the person  | 
| 398 | admits to knowledge of the cancellation, suspension, or  | 
| 399 | revocation; or the person received notice as provided in  | 
| 400 | subsection (4). There shall be a rebuttable presumption that the  | 
| 401 | knowledge requirement is satisfied if a judgment or order as  | 
| 402 | provided in subsection (4) appears in the department's records  | 
| 403 | for any case except for one involving a suspension by the  | 
| 404 | department for failure to pay a traffic fine or for a financial  | 
| 405 | responsibility violation. | 
| 406 |      (5)  Any person whose driver's license has been revoked  | 
| 407 | pursuant to s. 322.264 (habitual offender) and who drives any  | 
| 408 | motor vehicle upon the highways of this state while such license  | 
| 409 | is revoked is guilty of a felony of the third degree, punishable  | 
| 410 | as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 411 |      (8)(a)  Upon the arrest of a person for the offense of  | 
| 412 | driving while the person's driver's license or driving privilege  | 
| 413 | is suspended or revoked, the arresting officer shall determine: | 
| 414 |      1.  Whether the person's driver's license is suspended or  | 
| 415 | revoked. | 
| 416 |      2.  Whether the person's driver's license has remained  | 
| 417 | suspended or revoked since a conviction for the offense of  | 
| 418 | driving with a suspended or revoked license. | 
| 419 |      3.  Whether the suspension or revocation was made under s.  | 
| 420 | 316.646 or s. 627.733, relating to failure to maintain required  | 
| 421 | security, or under s. 322.264, relating to habitual traffic  | 
| 422 | offenders. | 
| 423 |      4.  Whether the driver is the registered owner or coowner  | 
| 424 | of the vehicle. | 
| 425 |      Section 10.  If any provision of this act or its  | 
| 426 | application to any person or circumstance is held invalid, the  | 
| 427 | invalidity does not affect other provisions or applications of  | 
| 428 | this act which can be given effect without the invalid provision  | 
| 429 | or application, and to this end the provisions of this act are  | 
| 430 | declared severable. | 
| 431 |      Section 11.  This act shall take effect upon becoming a  | 
| 432 | law. |