Florida Senate - 2016                                    SB 7046
       
       
        
       By the Committee on Transportation
       
       596-02119-16                                          20167046__
    1                        A bill to be entitled                      
    2         An act relating to penalties and fees; amending s.
    3         27.52, F.S.; adding a financial information
    4         requirement for a certain application form; amending
    5         s. 28.246, F.S.; revising requirements relating to the
    6         payment of court-related fines or other monetary
    7         penalties, fees, charges, and costs; authorizing,
    8         rather than requiring, a clerk of court to pursue
    9         collection of certain fees, charges, fines, costs, or
   10         liens under certain circumstances; requiring a clerk
   11         of court to competitively bid a contract with a
   12         collection agency or private attorney under certain
   13         circumstances, subject to certain requirements;
   14         prohibiting the clerk from assessing any collections
   15         transfer surcharge; prohibiting the collection agency
   16         or private attorney from imposing certain additional
   17         fees or surcharges; amending s. 316.650, F.S.;
   18         requiring traffic citation forms to include certain
   19         language relating to payment of a penalty; amending s.
   20         318.15, F.S.; prohibiting the suspension of a person’s
   21         driver license solely for failure to pay a penalty if
   22         the person demonstrates to the court, when specified,
   23         that he or she is unable to pay such penalty;
   24         requiring the person to provide documentation meeting
   25         certain requirements to the appropriate clerk of court
   26         in order to be considered unable to pay; amending s.
   27         318.18, F.S.; requiring a court to inquire regarding a
   28         person’s ability to pay at the time a certain civil
   29         penalty is ordered; amending s. 322.055, F.S.;
   30         decreasing the period for revocation or suspension of,
   31         or delay of eligibility for, driver licenses or
   32         driving privileges for certain persons convicted of
   33         certain drug offenses; deleting provisions authorizing
   34         a driver to petition the department for restoration of
   35         the person’s driving privilege; amending s. 322.056,
   36         F.S.; decreasing the period for revocation or
   37         suspension of, or delay of eligibility for, driver
   38         licenses or driving privileges for certain persons
   39         found guilty of certain drug offenses; deleting a
   40         provision authorizing a court to direct the Department
   41         of Highway Safety and Motor Vehicles to issue a
   42         license for certain restricted driving privileges
   43         under certain circumstances; deleting requirements
   44         relating to the revocation or suspension of, or delay
   45         of eligibility for, driver licenses or driving
   46         privileges for certain persons found guilty of certain
   47         alcohol or tobacco offenses; repealing s. 322.057,
   48         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; amending s.
   56         322.245, F.S.; prohibiting the suspension of a
   57         person’s driver license solely for failure to pay a
   58         penalty if the person demonstrates to the court, when
   59         specified, that he or she is unable to pay such
   60         penalty; requiring the person to provide documentation
   61         meeting certain requirements to the appropriate clerk
   62         of court in order to be considered unable to pay;
   63         repealing s. 322.251(7), F.S., relating to notice of
   64         suspension or revocation of driving privileges,
   65         reasons for reinstatement of such driving privileges,
   66         and certain electronic access to identify a person who
   67         is the subject of an outstanding warrant or capias for
   68         passing worthless bank checks; amending s. 322.271,
   69         F.S.; providing that a person whose driver license or
   70         privilege to drive has been suspended may have his or
   71         her driver license or driving privilege reinstated on
   72         a restricted basis under certain circumstances;
   73         providing the period of validity of such restricted
   74         license; amending s. 322.34, F.S.; revising the
   75         underlying violations resulting in driver license or
   76         driving privilege cancellation, suspension, or
   77         revocation for which specified penalties apply;
   78         amending s. 562.11, F.S.; revising penalties for
   79         selling, giving, serving, or permitting to be served
   80         alcoholic beverages to a person under a specified age
   81         or permitting such person to consume such beverages on
   82         licensed premises; repealing s. 562.111(3), F.S.,
   83         relating to withholding issuance of, or suspending or
   84         revoking, a driver license or driving privilege for
   85         possession of alcoholic beverages by persons under a
   86         specified age; amending s. 569.11, F.S.; revising
   87         penalties for persons under a specified age who
   88         knowingly possess, misrepresent their age or military
   89         service to purchase, or purchase or attempt to
   90         purchase tobacco products; authorizing, rather than
   91         requiring, the court to direct the Department of
   92         Highway Safety and Motor Vehicles to withhold issuance
   93         of or suspend a person’s driver license or driving
   94         privilege for certain violations; amending s. 790.22,
   95         F.S.; revising penalties relating to suspending,
   96         revoking, or withholding issuance of driver licenses
   97         or driving privileges for minors under a specified age
   98         who possess firearms under certain circumstances;
   99         deleting provisions relating to penalties for certain
  100         offenses involving the use or possession of a firearm
  101         by a minor under a specified age; amending s. 806.13,
  102         F.S.; deleting provisions relating to certain
  103         penalties for criminal mischief by a minor; repealing
  104         s. 812.0155, F.S., relating to suspension of a driver
  105         license following an adjudication of guilt for theft;
  106         repealing s. 832.09, F.S., relating to suspension of a
  107         driver license after warrant or capias is issued in
  108         worthless check cases; amending s. 877.112, F.S.;
  109         revising penalties for persons under a specified age
  110         who knowingly possess, misrepresent their age or
  111         military service to purchase, or purchase or attempt
  112         to purchase any nicotine product or nicotine
  113         dispensing device; authorizing, rather than requiring,
  114         the court to direct the department to withhold
  115         issuance of or suspend a person’s driver license or
  116         driving privilege for certain violations; amending s.
  117         938.30, F.S.; authorizing a judge to convert certain
  118         statutory financial obligations into court-ordered
  119         obligations to perform community service by reliance
  120         upon specified information under certain
  121         circumstances; amending s. 1003.27, F.S.; deleting
  122         provisions relating to procedures and penalties for
  123         nonenrollment and nonattendance cases; amending ss.
  124         318.14, 322.05, 397.951, and 1003.01, F.S.; conforming
  125         provisions to changes made by the act; providing
  126         applicability; providing an effective date.
  127          
  128  Be It Enacted by the Legislature of the State of Florida:
  129  
  130         Section 1. Paragraph (a) of subsection (1) of section
  131  27.52, Florida Statutes, is amended to read:
  132         27.52 Determination of indigent status.—
  133         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  134  of a public defender under s. 27.51 based upon an inability to
  135  pay must apply to the clerk of the court for a determination of
  136  indigent status using an application form developed by the
  137  Florida Clerks of Court Operations Corporation with final
  138  approval by the Supreme Court.
  139         (a) The application must include, at a minimum, the
  140  following financial information:
  141         1. Net income, consisting of total salary and wages, minus
  142  deductions required by law, including court-ordered support
  143  payments.
  144         2. Other income, including, but not limited to, social
  145  security benefits, union funds, veterans’ benefits, workers’
  146  compensation, other regular support from absent family members,
  147  public or private employee pensions, reemployment assistance or
  148  unemployment compensation, dividends, interest, rent, trusts,
  149  and gifts.
  150         3. Assets, including, but not limited to, cash, savings
  151  accounts, bank accounts, stocks, bonds, certificates of deposit,
  152  equity in real estate, and equity in a boat or a motor vehicle
  153  or in other tangible property.
  154         4. All liabilities and debts.
  155         5. If applicable, the amount of any bail paid for the
  156  applicant’s release from incarceration and the source of the
  157  funds.
  158         6. The election of or refusal of the option to fulfill any
  159  court-ordered financial obligation associated with the case by
  160  the completion of community service as ordered by the court.
  161  
  162  The application must include a signature by the applicant which
  163  attests to the truthfulness of the information provided. The
  164  application form developed by the corporation must include
  165  notice that the applicant may seek court review of a clerk’s
  166  determination that the applicant is not indigent, as provided in
  167  this section.
  168         Section 2. Subsections (4) and (6) of section 28.246,
  169  Florida Statutes, are amended to read:
  170         28.246 Payment of court-related fines or other monetary
  171  penalties, fees, charges, and costs; partial payments;
  172  distribution of funds.—
  173         (4) The clerk of the circuit court shall accept partial
  174  payments for court-related fees, service charges, costs, and
  175  fines in accordance with the terms of an established payment
  176  plan. An individual seeking to defer payment of fees, service
  177  charges, costs, or fines imposed by operation of law or order of
  178  the court under any provision of general law shall apply to the
  179  clerk for enrollment in a payment plan. The clerk shall enter
  180  into a payment plan with an individual who the court determines
  181  is indigent for costs. A monthly payment amount, calculated
  182  based upon all fees and all anticipated costs, may is presumed
  183  to correspond to the person’s ability to pay if the amount does
  184  not exceed 2 percent of the person’s annual net income, as
  185  defined in s. 27.52(1), divided by 12, without the consent of
  186  the applicant. The court may review the reasonableness of the
  187  payment plan.
  188         (6) A clerk of court may shall pursue the collection of any
  189  fees, service charges, fines, court costs, and liens for the
  190  payment of attorney fees and costs pursuant to s. 938.29 which
  191  remain unpaid after 90 days by referring the account to a
  192  private attorney who is a member in good standing of The Florida
  193  Bar or collection agent who is registered and in good standing
  194  pursuant to chapter 559. In pursuing the collection of such
  195  unpaid financial obligations through a private attorney or
  196  collection agent, the clerk of the court must first attempt have
  197  attempted to collect the unpaid amount through a collection
  198  court, collections docket, or other collections process, if any,
  199  established by the court. If this attempt is unsuccessful, the
  200  clerk may pursue the collection through a private attorney or
  201  collection agent following ,find this to be cost-effective and
  202  follow any applicable procurement practices. and the following
  203  conditions:
  204         (a) In retaining a collection agent or private attorney as
  205  provided in this subsection, the clerk shall competitively bid a
  206  contract with a collection agent or private attorney. Such
  207  contract may be in effect for no longer than 3 years with a
  208  maximum of two, one-year extensions.
  209         (b) The clerk shall consider all pertinent criteria when
  210  considering bids including, but not limited to, performance
  211  quality, customer service, and collection fees. However, the
  212  collection fee, including any reasonable attorney attorney’s
  213  fee, paid to any attorney or collection agent retained by the
  214  clerk may be added to the balance owed in an amount not to
  215  exceed 40 percent of the amount owed at the time the account is
  216  referred to the attorney or agent for collection.
  217         (c) The clerk may not assess any collections transfer
  218  surcharge.
  219         (d) The collection agent or private attorney may not impose
  220  any additional fees or surcharges other than their contractually
  221  agreed upon surcharge.
  222         (e) The clerk shall give the private attorney or collection
  223  agent the application for the appointment of court-appointed
  224  counsel regardless of whether the court file is otherwise
  225  confidential from disclosure.
  226         Section 3. Present paragraphs (b), (c), and (d) of
  227  subsection (1) of section 316.650, Florida Statutes, are
  228  redesignated as paragraphs (c), (d), and (e), respectively, a
  229  new paragraph (b) is added to that subsection, and present
  230  paragraph (c) of that subsection is amended, to read:
  231         316.650 Traffic citations.—
  232         (1)
  233         (b) The traffic citation form must include language
  234  indicating that a person may enter into a payment plan with the
  235  clerk of court to pay a penalty. The form must also indicate
  236  that a person ordered to pay a penalty for a noncriminal traffic
  237  infraction who is unable to comply due to demonstrable financial
  238  hardship will be allowed by the court to satisfy payment by
  239  participating in community service pursuant to s. 318.18(8)(b).
  240         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  241  traffic enforcement agency may produce uniform traffic citations
  242  by electronic means. Such citations must be consistent with the
  243  state traffic court rules and the procedures established by the
  244  department and must be appropriately numbered and inventoried.
  245  Affidavit-of-compliance forms may also be produced by electronic
  246  means.
  247         Section 4. Subsection (4) is added to section 318.15,
  248  Florida Statutes, to read:
  249         318.15 Failure to comply with civil penalty or to appear;
  250  penalty.—
  251         (4) Notwithstanding any other law, a person’s driver
  252  license may not be suspended solely for failure to pay a penalty
  253  if the person demonstrates to the court, after receiving the
  254  penalty and prior to the suspension taking place, that he or she
  255  is unable to pay the penalty. A person is considered unable to
  256  pay if the person provides documentation to the appropriate
  257  clerk of court evidencing that:
  258         (a) The person receives reemployment assistance or
  259  unemployment compensation pursuant to chapter 443;
  260         (b) The person is disabled and incapable of self-support or
  261  receives benefits under the federal Supplemental Security Income
  262  program or Social Security Disability Insurance program;
  263         (c) The person receives temporary cash assistance pursuant
  264  to chapter 414;
  265         (d) The person is making payments in accordance with a
  266  confirmed bankruptcy plan under chapter 11, chapter 12, or
  267  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  268  101 et seq.;
  269         (e) The person has been placed on a payment plan or payment
  270  plans with the clerk of court which in total exceed what is
  271  determined to be a reasonable payment plan pursuant to s.
  272  28.246(4); or
  273         (f) The person has been determined to be indigent after
  274  filing an application with the clerk in accordance with s. 27.52
  275  or s. 57.082.
  276         Section 5. Paragraph (b) of subsection (8) of section
  277  318.18, Florida Statutes, is amended to read:
  278         318.18 Amount of penalties.—The penalties required for a
  279  noncriminal disposition pursuant to s. 318.14 or a criminal
  280  offense listed in s. 318.17 are as follows:
  281         (8)
  282         (b)1.a. If a person has been ordered to pay a civil penalty
  283  for a noncriminal traffic infraction and the person is unable to
  284  comply with the court’s order due to demonstrable financial
  285  hardship, the court shall allow the person to satisfy the civil
  286  penalty by participating in community service until the civil
  287  penalty is paid.
  288         b. The court shall inquire regarding the person’s ability
  289  to pay at the time the civil penalty is ordered.
  290         c. If a court orders a person to perform community service,
  291  the person shall receive credit for the civil penalty at the
  292  specified hourly credit rate per hour of community service
  293  performed, and each hour of community service performed shall
  294  reduce the civil penalty by that amount.
  295         2.a. As used in this paragraph, the term “specified hourly
  296  credit rate” means the wage rate that is specified in 29 U.S.C.
  297  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  298  that is then in effect, and that an employer subject to such
  299  provision must pay per hour to each employee subject to such
  300  provision.
  301         b. However, if a person ordered to perform community
  302  service has a trade or profession for which there is a community
  303  service need, the specified hourly credit rate for each hour of
  304  community service performed by that person shall be the average
  305  prevailing wage rate for the trade or profession that the
  306  community service agency needs.
  307         3.a. The community service agency supervising the person
  308  shall record the number of hours of community service completed
  309  and the date the community service hours were completed. The
  310  community service agency shall submit the data to the clerk of
  311  court on the letterhead of the community service agency, which
  312  must also bear the notarized signature of the person designated
  313  to represent the community service agency.
  314         b. When the number of community service hours completed by
  315  the person equals the amount of the civil penalty, the clerk of
  316  court shall certify this fact to the court. Thereafter, the
  317  clerk of court shall record in the case file that the civil
  318  penalty has been paid in full.
  319         4. As used in this paragraph, the term:
  320         a. “Community service” means uncompensated labor for a
  321  community service agency.
  322         b. “Community service agency” means a not-for-profit
  323  corporation, community organization, charitable organization,
  324  public officer, the state or any political subdivision of the
  325  state, or any other body the purpose of which is to improve the
  326  quality of life or social welfare of the community and which
  327  agrees to accept community service from persons unable to pay
  328  civil penalties for noncriminal traffic infractions.
  329         Section 6. Subsections (1) through (4) of section 322.055,
  330  Florida Statutes, are amended to read:
  331         322.055 Revocation or suspension of, or delay of
  332  eligibility for, driver license for persons 18 years of age or
  333  older convicted of certain drug offenses.—
  334         (1) Notwithstanding s. 322.28, upon the conviction of a
  335  person 18 years of age or older for possession or sale of,
  336  trafficking in, or conspiracy to possess, sell, or traffic in a
  337  controlled substance, the court shall direct the department to
  338  revoke the driver license or driving privilege of the person.
  339  The period of such revocation shall be 6 months 1 year or until
  340  the person is evaluated for and, if deemed necessary by the
  341  evaluating agency, completes a drug treatment and rehabilitation
  342  program approved or regulated by the Department of Children and
  343  Families. However, the court may, in its sound discretion,
  344  direct the department to issue a license for driving privilege
  345  restricted to business or employment purposes only, as defined
  346  by s. 322.271, if the person is otherwise qualified for such a
  347  license. A driver whose license or driving privilege has been
  348  suspended or revoked under this section or s. 322.056 may, upon
  349  the expiration of 6 months, petition the department for
  350  restoration of the driving privilege on a restricted or
  351  unrestricted basis depending on length of suspension or
  352  revocation. In no case shall A restricted license may not be
  353  available until 6 months of the suspension or revocation period
  354  has expired.
  355         (2) If a person 18 years of age or older is convicted for
  356  the possession or sale of, trafficking in, or conspiracy to
  357  possess, sell, or traffic in a controlled substance and such
  358  person is eligible by reason of age for a driver license or
  359  privilege, the court shall direct the department to withhold
  360  issuance of such person’s driver license or driving privilege
  361  for a period of 6 months 1 year after the date the person was
  362  convicted or until the person is evaluated for and, if deemed
  363  necessary by the evaluating agency, completes a drug treatment
  364  and rehabilitation program approved or regulated by the
  365  Department of Children and Families. However, the court may, in
  366  its sound discretion, direct the department to issue a license
  367  for driving privilege restricted to business or employment
  368  purposes only, as defined by s. 322.271, if the person is
  369  otherwise qualified for such a license. A driver whose license
  370  or driving privilege has been suspended or revoked under this
  371  section or s. 322.056 may, upon the expiration of 6 months,
  372  petition the department for restoration of the driving privilege
  373  on a restricted or unrestricted basis depending on the length of
  374  suspension or revocation. In no case shall A restricted license
  375  may not be available until 6 months of the suspension or
  376  revocation period has expired.
  377         (3) If a person 18 years of age or older is convicted for
  378  the possession or sale of, trafficking in, or conspiracy to
  379  possess, sell, or traffic in a controlled substance and such
  380  person’s driver license or driving privilege is already under
  381  suspension or revocation for any reason, the court shall direct
  382  the department to extend the period of such suspension or
  383  revocation by an additional period of 6 months 1 year or until
  384  the person is evaluated for and, if deemed necessary by the
  385  evaluating agency, completes a drug treatment and rehabilitation
  386  program approved or regulated by the Department of Children and
  387  Families. However, the court may, in its sound discretion,
  388  direct the department to issue a license for driving privilege
  389  restricted to business or employment purposes only, as defined
  390  by s. 322.271, if the person is otherwise qualified for such a
  391  license. A driver whose license or driving privilege has been
  392  suspended or revoked under this section or s. 322.056 may, upon
  393  the expiration of 6 months, petition the department for
  394  restoration of the driving privilege on a restricted or
  395  unrestricted basis depending on the length of suspension or
  396  revocation. In no case shall A restricted license may not be
  397  available until 6 months of the suspension or revocation period
  398  has expired.
  399         (4) If a person 18 years of age or older is convicted for
  400  the possession or sale of, trafficking in, or conspiracy to
  401  possess, sell, or traffic in a controlled substance and such
  402  person is ineligible by reason of age for a driver license or
  403  driving privilege, the court shall direct the department to
  404  withhold issuance of such person’s driver license or driving
  405  privilege for a period of 6 months 1 year after the date that he
  406  or she would otherwise have become eligible or until he or she
  407  becomes eligible by reason of age for a driver license and is
  408  evaluated for and, if deemed necessary by the evaluating agency,
  409  completes a drug treatment and rehabilitation program approved
  410  or regulated by the Department of Children and Families.
  411  However, the court may, in its sound discretion, direct the
  412  department to issue a license for driving privilege restricted
  413  to business or employment purposes only, as defined by s.
  414  322.271, if the person is otherwise qualified for such a
  415  license. A driver whose license or driving privilege has been
  416  suspended or revoked under this section or s. 322.056 may, upon
  417  the expiration of 6 months, petition the department for
  418  restoration of the driving privilege on a restricted or
  419  unrestricted basis depending on the length of suspension or
  420  revocation. In no case shall A restricted license may not be
  421  available until 6 months of the suspension or revocation period
  422  has expired.
  423         Section 7. Section 322.056, Florida Statutes, is amended to
  424  read:
  425         322.056 Mandatory revocation or suspension of, or delay of
  426  eligibility for, driver license for persons under age 18 found
  427  guilty of certain alcohol, drug, or tobacco offenses;
  428  prohibition.—
  429         (1) Notwithstanding the provisions of s. 322.055, if a
  430  person under 18 years of age is found guilty of or delinquent
  431  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  432  and:
  433         (a) The person is eligible by reason of age for a driver
  434  license or driving privilege, the court shall direct the
  435  department to revoke or to withhold issuance of his or her
  436  driver license or driving privilege for a period of 6 months.:
  437         1. Not less than 6 months and not more than 1 year for the
  438  first violation.
  439         2. Two years, for a subsequent violation.
  440         (b) The person’s driver license or driving privilege is
  441  under suspension or revocation for any reason, the court shall
  442  direct the department to extend the period of suspension or
  443  revocation by an additional period of 6 months.:
  444         1. Not less than 6 months and not more than 1 year for the
  445  first violation.
  446         2. Two years, for a subsequent violation.
  447         (c) The person is ineligible by reason of age for a driver
  448  license or driving privilege, the court shall direct the
  449  department to withhold issuance of his or her driver license or
  450  driving privilege for a period of:
  451         1. Not less than 6 months and not more than 1 year after
  452  the date on which he or she would otherwise have become
  453  eligible, for the first violation.
  454         2. Two years after the date on which he or she would
  455  otherwise have become eligible, for a subsequent violation.
  456  
  457  However, the court may, in its sound discretion, direct the
  458  department to issue a license for driving privileges restricted
  459  to business or employment purposes only, as defined in s.
  460  322.271, if the person is otherwise qualified for such a
  461  license.
  462         (2) If a person under 18 years of age is found by the court
  463  to have committed a noncriminal violation under s. 569.11 or s.
  464  877.112(6) or (7) and that person has failed to comply with the
  465  procedures established in that section by failing to fulfill
  466  community service requirements, failing to pay the applicable
  467  fine, or failing to attend a locally available school-approved
  468  anti-tobacco program, and:
  469         (a) The person is eligible by reason of age for a driver
  470  license or driving privilege, the court shall direct the
  471  department to revoke or to withhold issuance of his or her
  472  driver license or driving privilege as follows:
  473         1. For the first violation, for 30 days.
  474         2. For the second violation within 12 weeks of the first
  475  violation, for 45 days.
  476         (b) The person’s driver license or driving privilege is
  477  under suspension or revocation for any reason, the court shall
  478  direct the department to extend the period of suspension or
  479  revocation by an additional period as follows:
  480         1. For the first violation, for 30 days.
  481         2. For the second violation within 12 weeks of the first
  482  violation, for 45 days.
  483         (c) The person is ineligible by reason of age for a driver
  484  license or driving privilege, the court shall direct the
  485  department to withhold issuance of his or her driver license or
  486  driving privilege as follows:
  487         1. For the first violation, for 30 days.
  488         2. For the second violation within 12 weeks of the first
  489  violation, for 45 days.
  490  
  491  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  492  within the 12-week period after the first violation will be
  493  treated as a first violation and in the same manner as provided
  494  in this subsection.
  495         (3) If a person under 18 years of age is found by the court
  496  to have committed a third violation of s. 569.11 or s.
  497  877.112(6) or (7) within 12 weeks of the first violation, the
  498  court must direct the Department of Highway Safety and Motor
  499  Vehicles to suspend or withhold issuance of his or her driver
  500  license or driving privilege for 60 consecutive days. Any third
  501  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  502  12-week period after the first violation will be treated as a
  503  first violation and in the same manner as provided in subsection
  504  (2).
  505         (2)(4) A penalty imposed under this section shall be in
  506  addition to any other penalty imposed by law.
  507         (5) The suspension or revocation of a person’s driver
  508  license imposed pursuant to subsection (2) or subsection (3),
  509  shall not result in or be cause for an increase of the convicted
  510  person’s, or his or her parent’s or legal guardian’s, automobile
  511  insurance rate or premium or result in points assessed against
  512  the person’s driving record.
  513         Section 8. Section 322.057, Florida Statutes, is repealed.
  514         Section 9. Subsection (3) of section 322.09, Florida
  515  Statutes, is amended, and present subsections (4) and (5) of
  516  that section are redesignated as subsections (3) and (4),
  517  respectively, to read:
  518         322.09 Application of minors; responsibility for negligence
  519  or misconduct of minor.—
  520         (3) The department may not issue a driver license or
  521  learner’s driver license to any applicant under the age of 18
  522  years who is not in compliance with the requirements of s.
  523  322.091.
  524         Section 10. Section 322.091, Florida Statutes, is repealed.
  525         Section 11. Subsection (6) is added to section 322.245,
  526  Florida Statutes, to read:
  527         322.245 Suspension of license upon failure of person
  528  charged with specified offense under chapter 316, chapter 320,
  529  or this chapter to comply with directives ordered by traffic
  530  court or upon failure to pay child support in non-IV-D cases as
  531  provided in chapter 61 or failure to pay any financial
  532  obligation in any other criminal case.—
  533         (6) Notwithstanding any other law, a person’s driver
  534  license may not be suspended solely for failure to pay a penalty
  535  or court obligation if the person demonstrates to the court,
  536  after receiving the penalty and prior to the suspension taking
  537  place, that he or she is unable to pay the penalty or court
  538  obligation. A person is considered unable to pay if the person
  539  provides documentation to the appropriate clerk of court
  540  evidencing that:
  541         (a) The person receives reemployment assistance or
  542  unemployment compensation pursuant to chapter 443;
  543         (b) The person is disabled and incapable of self-support or
  544  receives benefits under the federal Supplemental Security Income
  545  program or Social Security Disability Insurance program;
  546         (c) The person receives temporary cash assistance pursuant
  547  to chapter 414;
  548         (d) The person is making payments in accordance with a
  549  confirmed bankruptcy plan under chapter 11, chapter 12, or
  550  chapter 13 of the United States Bankruptcy Code, 11 U.S.C. ss.
  551  101 et seq.;
  552         (e) The person has been placed on a payment plan or payment
  553  plans with the clerk of court which in total exceed what is
  554  determined to be a reasonable payment plan pursuant to s.
  555  28.246(4); or
  556         (f) The person has been determined to be indigent after
  557  filing an application with the clerk in accordance with s. 27.52
  558  or s. 57.082.
  559         Section 12. Subsection (7) of section 322.251, Florida
  560  Statutes, is repealed.
  561         Section 13. Subsection (8) is added to section 322.271,
  562  Florida Statutes, to read:
  563         322.271 Authority to modify revocation, cancellation, or
  564  suspension order.—
  565         (8) A person whose driver license or privilege to drive has
  566  been suspended under s. 318.15 or s. 322.245, with the exception
  567  of any suspension related to s. 61.13016, may have his or her
  568  driver license or driving privilege reinstated on a restricted
  569  basis by the department in accordance with this section. The
  570  restricted license shall be valid until the 7-year suspension
  571  period ends as provided in s. 318.15 or until the debt is paid.
  572         Section 14. Subsection (10) of section 322.34, Florida
  573  Statutes, is amended to read:
  574         322.34 Driving while license suspended, revoked, canceled,
  575  or disqualified.—
  576         (10)(a) Notwithstanding any other provision of this
  577  section, if a person does not have a prior forcible felony
  578  conviction as defined in s. 776.08, the penalties provided in
  579  paragraph (b) apply if a person’s driver license or driving
  580  privilege is canceled, suspended, or revoked for:
  581         1. Failing to pay child support as provided in s. 322.245
  582  or s. 61.13016;
  583         2. Failing to pay any other financial obligation as
  584  provided in s. 322.245 other than those specified in s.
  585  322.245(1);
  586         3. Failing to comply with a civil penalty required in s.
  587  318.15;
  588         4. Failing to maintain vehicular financial responsibility
  589  as required by chapter 324; or
  590         5. Failing to comply with attendance or other requirements
  591  for minors as set forth in s. 322.091; or
  592         5.6. Having been designated a habitual traffic offender
  593  under s. 322.264(1)(d) as a result of suspensions of his or her
  594  driver license or driver privilege for any underlying violation
  595  listed in subparagraphs 1.-4. 1.-5.
  596         (b)1. Upon a first conviction for knowingly driving while
  597  his or her license is suspended, revoked, or canceled for any of
  598  the underlying violations listed in subparagraphs (a)1.-5.
  599  (a)1.-6., a person commits a misdemeanor of the second degree,
  600  punishable as provided in s. 775.082 or s. 775.083.
  601         2. Upon a second or subsequent conviction for the same
  602  offense of knowingly driving while his or her license is
  603  suspended, revoked, or canceled for any of the underlying
  604  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  605  commits a misdemeanor of the first degree, punishable as
  606  provided in s. 775.082 or s. 775.083.
  607         Section 15. Paragraph (a) of subsection (1) of section
  608  562.11, Florida Statutes, is amended to read:
  609         562.11 Selling, giving, or serving alcoholic beverages to
  610  person under age 21; providing a proper name; misrepresenting or
  611  misstating age or age of another to induce licensee to serve
  612  alcoholic beverages to person under 21; penalties.—
  613         (1)(a)1. A person may not sell, give, serve, or permit to
  614  be served alcoholic beverages to a person under 21 years of age
  615  or permit a person under 21 years of age to consume such
  616  beverages on the licensed premises. A person who violates this
  617  subparagraph commits a misdemeanor of the second degree,
  618  punishable as provided in s. 775.082 or s. 775.083. A person who
  619  violates this subparagraph a second or subsequent time within 1
  620  year after a prior conviction commits a misdemeanor of the first
  621  degree, punishable as provided in s. 775.082 or s. 775.083.
  622         2. In addition to any other penalty imposed for a violation
  623  of subparagraph 1., the court may order the Department of
  624  Highway Safety and Motor Vehicles to withhold the issuance of,
  625  or suspend or revoke, the driver license or driving privilege,
  626  as provided in s. 322.057, of any person who violates
  627  subparagraph 1. This subparagraph does not apply to a licensee,
  628  as defined in s. 561.01, who violates subparagraph 1. while
  629  acting within the scope of his or her license or an employee or
  630  agent of a licensee, as defined in s. 561.01, who violates
  631  subparagraph 1. while engaged within the scope of his or her
  632  employment or agency.
  633         3. A court that withholds the issuance of, or suspends or
  634  revokes, the driver license or driving privilege of a person
  635  pursuant to subparagraph 2. may direct the Department of Highway
  636  Safety and Motor Vehicles to issue the person a license for
  637  driving privilege restricted to business purposes only, as
  638  defined in s. 322.271, if he or she is otherwise qualified.
  639         Section 16. Subsection (3) of section 562.111, Florida
  640  Statutes, is repealed.
  641         Section 17. Subsections (1), (2), and (5) of section
  642  569.11, Florida Statutes, are amended to read:
  643         569.11 Possession, misrepresenting age or military service
  644  to purchase, and purchase of tobacco products by persons under
  645  18 years of age prohibited; penalties; jurisdiction; disposition
  646  of fines.—
  647         (1) It is unlawful for any person under 18 years of age to
  648  knowingly possess any tobacco product. Any person under 18 years
  649  of age who violates the provisions of this subsection commits a
  650  noncriminal violation as provided in s. 775.08(3), punishable
  651  by:
  652         (a) For a first violation, 16 hours of community service
  653  or, instead of community service, a $25 fine. In addition, the
  654  person must attend a school-approved anti-tobacco program, if
  655  locally available; or
  656         (b) For a second or subsequent violation within 12 weeks of
  657  the first violation, a $25 fine.; or
  658         (c) For a third or subsequent violation within 12 weeks of
  659  the first violation, the court must direct the Department of
  660  Highway Safety and Motor Vehicles to withhold issuance of or
  661  suspend or revoke the person’s driver license or driving
  662  privilege, as provided in s. 322.056.
  663  
  664  Any second or subsequent violation not within the 12-week time
  665  period after the first violation is punishable as provided for a
  666  first violation.
  667         (2) It is unlawful for any person under 18 years of age to
  668  misrepresent his or her age or military service for the purpose
  669  of inducing a dealer or an agent or employee of the dealer to
  670  sell, give, barter, furnish, or deliver any tobacco product, or
  671  to purchase, or attempt to purchase, any tobacco product from a
  672  person or a vending machine. Any person under 18 years of age
  673  who violates a provision of this subsection commits a
  674  noncriminal violation as provided in s. 775.08(3), punishable
  675  by:
  676         (a) For a first violation, 16 hours of community service
  677  or, instead of community service, a $25 fine and, in addition,
  678  the person must attend a school-approved anti-tobacco program,
  679  if available; or
  680         (b) For a second or subsequent violation within 12 weeks of
  681  the first violation, a $25 fine.; or
  682         (c) For a third or subsequent violation within 12 weeks of
  683  the first violation, the court must direct the Department of
  684  Highway Safety and Motor Vehicles to withhold issuance of or
  685  suspend or revoke the person’s driver license or driving
  686  privilege, as provided in s. 322.056.
  687  
  688  Any second or subsequent violation not within the 12-week time
  689  period after the first violation is punishable as provided for a
  690  first violation.
  691         (5)(a) If a person under 18 years of age is found by the
  692  court to have committed a noncriminal violation under this
  693  section and that person has failed to complete community
  694  service, pay the fine as required by paragraph (1)(a) or
  695  paragraph (2)(a), or attend a school-approved anti-tobacco
  696  program, if locally available, the court may must direct the
  697  Department of Highway Safety and Motor Vehicles to withhold
  698  issuance of or suspend the driver license or driving privilege
  699  of that person for a period of 30 consecutive days.
  700         (b) If a person under 18 years of age is found by the court
  701  to have committed a noncriminal violation under this section and
  702  that person has failed to pay the applicable fine as required by
  703  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  704  the Department of Highway Safety and Motor Vehicles to withhold
  705  issuance of or suspend the driver license or driving privilege
  706  of that person for a period of 45 consecutive days.
  707         Section 18. Subsections (5) and (10) of section 790.22,
  708  Florida Statutes, are amended to read:
  709         790.22 Use of BB guns, air or gas-operated guns, or
  710  electric weapons or devices by minor under 16; limitation;
  711  possession of firearms by minor under 18 prohibited; penalties.—
  712         (5)(a) A minor who violates subsection (3) commits a
  713  misdemeanor of the first degree; for a first offense, may serve
  714  a period of detention of up to 3 days in a secure detention
  715  facility; and, in addition to any other penalty provided by law,
  716  shall be required to perform 100 hours of community service.;
  717  and:
  718         1. If the minor is eligible by reason of age for a driver
  719  license or driving privilege, the court shall direct the
  720  Department of Highway Safety and Motor Vehicles to revoke or to
  721  withhold issuance of the minor’s driver license or driving
  722  privilege for up to 1 year.
  723         2. If the minor’s driver license or driving privilege is
  724  under suspension or revocation for any reason, the court shall
  725  direct the Department of Highway Safety and Motor Vehicles to
  726  extend the period of suspension or revocation by an additional
  727  period of up to 1 year.
  728         3. If the minor is ineligible by reason of age for a driver
  729  license or driving privilege, the court shall direct the
  730  Department of Highway Safety and Motor Vehicles to withhold
  731  issuance of the minor’s driver license or driving privilege for
  732  up to 1 year after the date on which the minor would otherwise
  733  have become eligible.
  734         (b) For a second or subsequent offense, a minor who
  735  violates subsection (3) commits a felony of the third degree and
  736  shall serve a period of detention of up to 15 days in a secure
  737  detention facility and shall be required to perform not less
  738  than 100 or nor more than 250 hours of community service., and:
  739         1. If the minor is eligible by reason of age for a driver
  740  license or driving privilege, the court shall direct the
  741  Department of Highway Safety and Motor Vehicles to revoke or to
  742  withhold issuance of the minor’s driver license or driving
  743  privilege for up to 2 years.
  744         2. If the minor’s driver license or driving privilege is
  745  under suspension or revocation for any reason, the court shall
  746  direct the Department of Highway Safety and Motor Vehicles to
  747  extend the period of suspension or revocation by an additional
  748  period of up to 2 years.
  749         3. If the minor is ineligible by reason of age for a driver
  750  license or driving privilege, the court shall direct the
  751  Department of Highway Safety and Motor Vehicles to withhold
  752  issuance of the minor’s driver license or driving privilege for
  753  up to 2 years after the date on which the minor would otherwise
  754  have become eligible.
  755  
  756  For the purposes of this subsection, community service shall be
  757  performed, if possible, in a manner involving a hospital
  758  emergency room or other medical environment that deals on a
  759  regular basis with trauma patients and gunshot wounds.
  760         (10) If a minor is found to have committed an offense under
  761  subsection (9), the court shall impose the following penalties
  762  in addition to any penalty imposed under paragraph (9)(a) or
  763  paragraph (9)(b):
  764         (a) For a first offense:
  765         1. If the minor is eligible by reason of age for a driver
  766  license or driving privilege, the court shall direct the
  767  Department of Highway Safety and Motor Vehicles to revoke or to
  768  withhold issuance of the minor’s driver license or driving
  769  privilege for up to 1 year.
  770         2. If the minor’s driver license or driving privilege is
  771  under suspension or revocation for any reason, the court shall
  772  direct the Department of Highway Safety and Motor Vehicles to
  773  extend the period of suspension or revocation by an additional
  774  period for up to 1 year.
  775         3. If the minor is ineligible by reason of age for a driver
  776  license or driving privilege, the court shall direct the
  777  Department of Highway Safety and Motor Vehicles to withhold
  778  issuance of the minor’s driver license or driving privilege for
  779  up to 1 year after the date on which the minor would otherwise
  780  have become eligible.
  781         (b) For a second or subsequent offense:
  782         1. If the minor is eligible by reason of age for a driver
  783  license or driving privilege, the court shall direct the
  784  Department of Highway Safety and Motor Vehicles to revoke or to
  785  withhold issuance of the minor’s driver license or driving
  786  privilege for up to 2 years.
  787         2. If the minor’s driver license or driving privilege is
  788  under suspension or revocation for any reason, the court shall
  789  direct the Department of Highway Safety and Motor Vehicles to
  790  extend the period of suspension or revocation by an additional
  791  period for up to 2 years.
  792         3. If the minor is ineligible by reason of age for a driver
  793  license or driving privilege, the court shall direct the
  794  Department of Highway Safety and Motor Vehicles to withhold
  795  issuance of the minor’s driver license or driving privilege for
  796  up to 2 years after the date on which the minor would otherwise
  797  have become eligible.
  798         Section 19. Subsections (7) and (8) of section 806.13,
  799  Florida Statutes, are amended, and present subsection (9) of
  800  that section is redesignated as subsection (7), to read:
  801         806.13 Criminal mischief; penalties; penalty for minor.—
  802         (7) In addition to any other penalty provided by law, if a
  803  minor is found to have committed a delinquent act under this
  804  section for placing graffiti on any public property or private
  805  property, and:
  806         (a) The minor is eligible by reason of age for a driver
  807  license or driving privilege, the court shall direct the
  808  Department of Highway Safety and Motor Vehicles to revoke or
  809  withhold issuance of the minor’s driver license or driving
  810  privilege for not more than 1 year.
  811         (b) The minor’s driver license or driving privilege is
  812  under suspension or revocation for any reason, the court shall
  813  direct the Department of Highway Safety and Motor Vehicles to
  814  extend the period of suspension or revocation by an additional
  815  period of not more than 1 year.
  816         (c) The minor is ineligible by reason of age for a driver
  817  license or driving privilege, the court shall direct the
  818  Department of Highway Safety and Motor Vehicles to withhold
  819  issuance of the minor’s driver license or driving privilege for
  820  not more than 1 year after the date on which he or she would
  821  otherwise have become eligible.
  822         (8) A minor whose driver license or driving privilege is
  823  revoked, suspended, or withheld under subsection (7) may elect
  824  to reduce the period of revocation, suspension, or withholding
  825  by performing community service at the rate of 1 day for each
  826  hour of community service performed. In addition, if the court
  827  determines that due to a family hardship, the minor’s driver
  828  license or driving privilege is necessary for employment or
  829  medical purposes of the minor or a member of the minor’s family,
  830  the court shall order the minor to perform community service and
  831  reduce the period of revocation, suspension, or withholding at
  832  the rate of 1 day for each hour of community service performed.
  833  As used in this subsection, the term “community service” means
  834  cleaning graffiti from public property.
  835         Section 20. Section 812.0155, Florida Statutes, is
  836  repealed.
  837         Section 21. Section 832.09, Florida Statutes, is repealed.
  838         Section 22. Subsections (6) and (7) and paragraphs (c) and
  839  (d) of subsection (8) of section 877.112, Florida Statutes, are
  840  amended to read:
  841         877.112 Nicotine products and nicotine dispensing devices;
  842  prohibitions for minors; penalties; civil fines; signage
  843  requirements; preemption.—
  844         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  845  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  846  person under 18 years of age to knowingly possess any nicotine
  847  product or a nicotine dispensing device. Any person under 18
  848  years of age who violates this subsection commits a noncriminal
  849  violation as defined in s. 775.08(3), punishable by:
  850         (a) For a first violation, 16 hours of community service
  851  or, instead of community service, a $25 fine. In addition, the
  852  person must attend a school-approved anti-tobacco and nicotine
  853  program, if locally available; or
  854         (b) For a second or subsequent violation within 12 weeks of
  855  the first violation, a $25 fine.; or
  856         (c) For a third or subsequent violation within 12 weeks of
  857  the first violation, the court must direct the Department of
  858  Highway Safety and Motor Vehicles to withhold issuance of or
  859  suspend or revoke the person’s driver license or driving
  860  privilege, as provided in s. 322.056.
  861  
  862  Any second or subsequent violation not within the 12-week time
  863  period after the first violation is punishable as provided for a
  864  first violation.
  865         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  866  any person under 18 years of age to misrepresent his or her age
  867  or military service for the purpose of inducing a retailer of
  868  nicotine products or nicotine dispensing devices or an agent or
  869  employee of such retailer to sell, give, barter, furnish, or
  870  deliver any nicotine product or nicotine dispensing device, or
  871  to purchase, or attempt to purchase, any nicotine product or
  872  nicotine dispensing device from a person or a vending machine.
  873  Any person under 18 years of age who violates this subsection
  874  commits a noncriminal violation as defined in s. 775.08(3),
  875  punishable by:
  876         (a) For a first violation, 16 hours of community service
  877  or, instead of community service, a $25 fine and, in addition,
  878  the person must attend a school-approved anti-tobacco and
  879  nicotine program, if available; or
  880         (b) For a second or subsequent violation within 12 weeks of
  881  the first violation, a $25 fine.; or
  882         (c) For a third or subsequent violation within 12 weeks of
  883  the first violation, the court must direct the Department of
  884  Highway Safety and Motor Vehicles to withhold issuance of or
  885  suspend or revoke the person’s driver license or driving
  886  privilege, as provided in s. 322.056.
  887  
  888  Any second or subsequent violation not within the 12-week time
  889  period after the first violation is punishable as provided for a
  890  first violation.
  891         (8) PENALTIES FOR MINORS.—
  892         (c) If a person under 18 years of age is found by the court
  893  to have committed a noncriminal violation under this section and
  894  that person has failed to complete community service, pay the
  895  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  896  attend a school-approved anti-tobacco and nicotine program, if
  897  locally available, the court may must direct the Department of
  898  Highway Safety and Motor Vehicles to withhold issuance of or
  899  suspend the driver license or driving privilege of that person
  900  for 30 consecutive days.
  901         (d) If a person under 18 years of age is found by the court
  902  to have committed a noncriminal violation under this section and
  903  that person has failed to pay the applicable fine as required by
  904  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  905  the Department of Highway Safety and Motor Vehicles to withhold
  906  issuance of or suspend the driver license or driving privilege
  907  of that person for 45 consecutive days.
  908         Section 23. Subsection (2) of section 938.30, Florida
  909  Statutes, is amended to read:
  910         938.30 Financial obligations in criminal cases;
  911  supplementary proceedings.—
  912         (2) The court may require a person liable for payment of an
  913  obligation to appear and be examined under oath concerning the
  914  person’s financial ability to pay the obligation. The judge may
  915  convert the statutory financial obligation into a court-ordered
  916  obligation to perform community service, subject to the
  917  provisions of s. 318.18(8), after examining a person under oath
  918  and determining the person’s inability to pay, or by reliance
  919  upon information provided under s. 27.52(1)(a)6. Any person who
  920  fails to attend a hearing may be arrested on warrant or capias
  921  issued by the clerk upon order of the court.
  922         Section 24. Subsection (2) of section 1003.27, Florida
  923  Statutes, is amended to read:
  924         1003.27 Court procedure and penalties.—The court procedure
  925  and penalties for the enforcement of the provisions of this
  926  part, relating to compulsory school attendance, shall be as
  927  follows:
  928         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
  929         (a) In each case of nonenrollment or of nonattendance upon
  930  the part of a student who is required to attend some school,
  931  when no valid reason for such nonenrollment or nonattendance is
  932  found, the district school superintendent shall institute a
  933  criminal prosecution against the student’s parent.
  934         (b) Each public school principal or the principal’s
  935  designee shall notify the district school board of each minor
  936  student under its jurisdiction who accumulates 15 unexcused
  937  absences in a period of 90 calendar days. Each designee of the
  938  governing body of each private school, and each parent whose
  939  child is enrolled in a home education program, may provide the
  940  Department of Highway Safety and Motor Vehicles with the legal
  941  name, sex, date of birth, and social security number of each
  942  minor student under his or her jurisdiction who fails to satisfy
  943  relevant attendance requirements and who fails to otherwise
  944  satisfy the requirements of s. 322.091. The district school
  945  superintendent must provide the Department of Highway Safety and
  946  Motor Vehicles the legal name, sex, date of birth, and social
  947  security number of each minor student who has been reported
  948  under this paragraph and who fails to otherwise satisfy the
  949  requirements of s. 322.091. The Department of Highway Safety and
  950  Motor Vehicles may not issue a driver license or learner’s
  951  driver license to, and shall suspend any previously issued
  952  driver license or learner’s driver license of, any such minor
  953  student, pursuant to the provisions of s. 322.091.
  954         Section 25. Paragraph (a) of subsection (10) of section
  955  318.14, Florida Statutes, is amended to read:
  956         318.14 Noncriminal traffic infractions; exception;
  957  procedures.—
  958         (10)(a) Any person who does not hold a commercial driver
  959  license or commercial learner’s permit and who is cited while
  960  driving a noncommercial motor vehicle for an offense listed
  961  under this subsection may, in lieu of payment of fine or court
  962  appearance, elect to enter a plea of nolo contendere and provide
  963  proof of compliance to the clerk of the court, designated
  964  official, or authorized operator of a traffic violations bureau.
  965  In such case, adjudication shall be withheld; however, a person
  966  may not make an election under this subsection if the person has
  967  made an election under this subsection in the preceding 12
  968  months. A person may not make more than three elections under
  969  this subsection. This subsection applies to the following
  970  offenses:
  971         1. Operating a motor vehicle without a valid driver license
  972  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  973  operating a motor vehicle with a license that has been suspended
  974  for failure to appear, failure to pay civil penalty, or failure
  975  to attend a driver improvement course pursuant to s. 322.291.
  976         2. Operating a motor vehicle without a valid registration
  977  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  978         3. Operating a motor vehicle in violation of s. 316.646.
  979         4. Operating a motor vehicle with a license that has been
  980  suspended under s. 61.13016 or s. 322.245 for failure to pay
  981  child support or for failure to pay any other financial
  982  obligation as provided in s. 322.245; however, this subparagraph
  983  does not apply if the license has been suspended pursuant to s.
  984  322.245(1).
  985         5. Operating a motor vehicle with a license that has been
  986  suspended under s. 322.091 for failure to meet school attendance
  987  requirements.
  988         Section 26. Subsections (1) and (2) of section 322.05,
  989  Florida Statutes, are amended to read:
  990         322.05 Persons not to be licensed.—The department may not
  991  issue a license:
  992         (1) To a person who is under the age of 16 years, except
  993  that the department may issue a learner’s driver license to a
  994  person who is at least 15 years of age and who meets the
  995  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
  996  other applicable law or rule.
  997         (2) To a person who is at least 16 years of age but is
  998  under 18 years of age unless the person meets the requirements
  999  of s. 322.091 and holds a valid:
 1000         (a) Learner’s driver license for at least 12 months, with
 1001  no moving traffic convictions, before applying for a license;
 1002         (b) Learner’s driver license for at least 12 months and who
 1003  has a moving traffic conviction but elects to attend a traffic
 1004  driving school for which adjudication must be withheld pursuant
 1005  to s. 318.14; or
 1006         (c) License that was issued in another state or in a
 1007  foreign jurisdiction and that would not be subject to suspension
 1008  or revocation under the laws of this state.
 1009         Section 27. Paragraph (i) of subsection (2) of section
 1010  397.951, Florida Statutes, is amended to read:
 1011         397.951 Treatment and sanctions.—The Legislature recognizes
 1012  that the integration of treatment and sanctions greatly
 1013  increases the effectiveness of substance abuse treatment. It is
 1014  the responsibility of the department and the substance abuse
 1015  treatment provider to employ the full measure of sanctions
 1016  available to require participation and completion of treatment
 1017  to ensure successful outcomes for children in substance abuse
 1018  treatment.
 1019         (2) The department shall ensure that substance abuse
 1020  treatment providers employ any and all appropriate available
 1021  sanctions necessary to engage, motivate, and maintain a child in
 1022  treatment, including, but not limited to, provisions in law
 1023  that:
 1024         (i) Provide that, pursuant to s. 322.056, for any person
 1025  under 18 years of age who is found guilty of or delinquent for a
 1026  violation of s. 562.11(2), s. 562.111, or chapter 893, and is
 1027  eligible by reason of age for a driver license or driving
 1028  privilege, the court shall direct the Department of Highway
 1029  Safety and Motor Vehicles to revoke or to withhold issuance of
 1030  his or her driver license or driving privilege for a period of 6
 1031  months.:
 1032         1. Not less than 6 months and not more than 1 year for the
 1033  first violation.
 1034         2. Two years, for a subsequent violation.
 1035         Section 28. Subsection (9) of section 1003.01, Florida
 1036  Statutes, is amended to read:
 1037         1003.01 Definitions.—As used in this chapter, the term:
 1038         (9) “Dropout” means a student who meets any one or more of
 1039  the following criteria:
 1040         (a) The student has voluntarily removed himself or herself
 1041  from the school system before graduation for reasons that
 1042  include, but are not limited to, marriage, or the student has
 1043  withdrawn from school because he or she has failed the statewide
 1044  student assessment test and thereby does not receive any of the
 1045  certificates of completion;
 1046         (b) The student has not met the relevant attendance
 1047  requirements of the school district pursuant to State Board of
 1048  Education rules, or the student was expected to attend a school
 1049  but did not enter as expected for unknown reasons, or the
 1050  student’s whereabouts are unknown;
 1051         (c) The student has withdrawn from school, but has not
 1052  transferred to another public or private school or enrolled in
 1053  any career, adult, home education, or alternative educational
 1054  program;
 1055         (d) The student has withdrawn from school due to hardship,
 1056  unless such withdrawal has been granted under the provisions of
 1057  s. 322.091, court action, expulsion, medical reasons, or
 1058  pregnancy; or
 1059         (e) The student is not eligible to attend school because of
 1060  reaching the maximum age for an exceptional student program in
 1061  accordance with the district’s policy.
 1062  
 1063  The State Board of Education may adopt rules to implement the
 1064  provisions of this subsection.
 1065         Section 29. The amendment made by this act to s. 316.650,
 1066  Florida Statutes, shall apply upon the creation of new inventory
 1067  of uniform traffic citation forms.
 1068         Section 30. This act shall take effect October 1, 2016.