Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 302
       
       
       
       
       
                               Ì792080ÇÎ792080                          
       
       576-03821-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    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; requiring a clerk
    8         of court to solicit competitive bids from private
    9         attorneys or collection agents for collection
   10         services, subject to certain requirements; prohibiting
   11         the clerk from assessing a certain surcharge;
   12         prohibiting the collection agency or private attorney
   13         from imposing certain additional fees or surcharges;
   14         amending s. 316.650, F.S.; requiring traffic citation
   15         forms to include certain language relating to payment
   16         of a penalty; amending s. 318.15, F.S.; prohibiting
   17         the suspension of a person’s driver license solely for
   18         failure to pay a penalty if the person requests a
   19         hearing and demonstrates to the court, after notice of
   20         the penalty and before the suspension takes place,
   21         that the person is unable to pay the penalty; amending
   22         s. 318.18, F.S.; requiring a court to inquire at the
   23         time a certain civil penalty is ordered whether the
   24         person is able to pay it; amending s. 322.055, F.S.;
   25         decreasing the period for revocation or suspension of,
   26         or delay of eligibility for, driver licenses or
   27         driving privileges for certain persons convicted of
   28         certain drug offenses; deleting provisions authorizing
   29         a driver to petition the Department of Highway Safety
   30         and Motor Vehicles for restoration of his or her
   31         driving privilege; amending s. 322.056, F.S.;
   32         decreasing the period for revocation or suspension of,
   33         or delay of eligibility for, driver licenses or
   34         driving privileges for certain persons found guilty of
   35         certain drug offenses; deleting a provision
   36         authorizing a court to direct the department to issue
   37         a license for certain restricted driving privileges
   38         under certain circumstances; deleting requirements
   39         relating to the revocation or suspension of, or delay
   40         of eligibility for, driver licenses or driving
   41         privileges for certain persons found guilty of certain
   42         alcohol or tobacco offenses; repealing s. 322.057,
   43         F.S., relating to discretionary revocation or
   44         suspension of a driver license for certain persons who
   45         provide alcohol to persons under a specified age;
   46         amending s. 322.09, F.S.; deleting a provision
   47         prohibiting the issuance of a driver license or
   48         learner’s driver license under certain circumstances;
   49         repealing s. 322.091, F.S., relating to attendance
   50         requirements for driving privileges; amending s.
   51         322.245, F.S.; prohibiting the suspension of a
   52         person’s driver license solely for a failure to pay a
   53         penalty if the person requests a hearing and
   54         demonstrates to the court, after notice of the penalty
   55         and before the suspension takes place, that the person
   56         is unable to pay the penalty; repealing s. 322.251(7),
   57         F.S., relating to notice of suspension or revocation
   58         of driving privileges, reasons for reinstatement of
   59         such driving privileges, and certain electronic access
   60         to identify a person who is the subject of an
   61         outstanding warrant or capias for passing worthless
   62         bank checks; amending s. 322.271, F.S.; providing that
   63         a person whose driver license or privilege to drive
   64         has been suspended may have his or her driver license
   65         or driving privilege reinstated on a restricted basis
   66         under certain circumstances; providing the period of
   67         validity of such restricted license; amending s.
   68         322.34, F.S.; revising the underlying violations
   69         resulting in driver license or driving privilege
   70         cancellation, suspension, or revocation for which
   71         specified penalties apply; amending s. 562.11, F.S.;
   72         revising penalties for selling, giving, serving, or
   73         permitting to be served alcoholic beverages to a
   74         person under a specified age or permitting such person
   75         to consume such beverages on licensed premises;
   76         conforming provisions to changes made by the act;
   77         repealing s. 562.111(3), F.S., relating to withholding
   78         issuance of, or suspending or revoking, a driver
   79         license or driving privilege for possession of
   80         alcoholic beverages by persons under a specified age;
   81         amending s. 569.11, F.S.; revising penalties for
   82         persons under a specified age who knowingly possess,
   83         misrepresent their age or military service to
   84         purchase, or purchase or attempt to purchase tobacco
   85         products; authorizing, rather than requiring, the
   86         court to direct the Department of Highway Safety and
   87         Motor Vehicles to withhold issuance of or suspend a
   88         person’s driver license or driving privilege for
   89         certain violations; amending s. 790.22, F.S.; revising
   90         penalties relating to suspending, revoking, or
   91         withholding issuance of driver licenses or driving
   92         privileges for minors under a specified age who
   93         possess firearms under certain circumstances; deleting
   94         provisions relating to penalties for certain offenses
   95         involving the use or possession of a firearm by a
   96         minor under a specified age; amending s. 806.13, F.S.;
   97         deleting provisions relating to certain penalties for
   98         criminal mischief by a minor; repealing s. 812.0155,
   99         F.S., relating to suspension of a driver license
  100         following an adjudication of guilt for theft;
  101         repealing s. 832.09, F.S., relating to suspension of a
  102         driver license after warrant or capias is issued in
  103         worthless check cases; amending s. 877.112, F.S.;
  104         revising penalties for persons under a specified age
  105         who knowingly possess, misrepresent their age or
  106         military service to purchase, or purchase or attempt
  107         to purchase any nicotine product or nicotine
  108         dispensing device; authorizing, rather than requiring,
  109         the court to direct the department to withhold
  110         issuance of or suspend a person’s driver license or
  111         driving privilege for certain violations; amending s.
  112         938.30, F.S.; authorizing a judge to convert certain
  113         statutory financial obligations into court-ordered
  114         obligations to perform community service by reliance
  115         upon specified information under certain
  116         circumstances; amending s. 1003.27, F.S.; deleting
  117         provisions relating to procedures and penalties for
  118         nonenrollment and nonattendance cases; amending ss.
  119         318.14, 322.05, 322.27, and 1003.01, F.S.; conforming
  120         provisions to changes made by the act; providing
  121         applicability; providing an effective date.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Paragraph (a) of subsection (1) of section
  126  27.52, Florida Statutes, is amended to read:
  127         27.52 Determination of indigent status.—
  128         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  129  of a public defender under s. 27.51 based upon an inability to
  130  pay must apply to the clerk of the court for a determination of
  131  indigent status using an application form developed by the
  132  Florida Clerks of Court Operations Corporation with final
  133  approval by the Supreme Court.
  134         (a) The application must include, at a minimum, the
  135  following financial information:
  136         1. Net income, consisting of total salary and wages, minus
  137  deductions required by law, including court-ordered support
  138  payments.
  139         2. Other income, including, but not limited to, social
  140  security benefits, union funds, veterans’ benefits, workers’
  141  compensation, other regular support from absent family members,
  142  public or private employee pensions, reemployment assistance or
  143  unemployment compensation, dividends, interest, rent, trusts,
  144  and gifts.
  145         3. Assets, including, but not limited to, cash, savings
  146  accounts, bank accounts, stocks, bonds, certificates of deposit,
  147  equity in real estate, and equity in a boat or a motor vehicle
  148  or in other tangible property.
  149         4. All liabilities and debts.
  150         5. If applicable, the amount of any bail paid for the
  151  applicant’s release from incarceration and the source of the
  152  funds.
  153         6. The election of or refusal of the option to fulfill any
  154  court-ordered financial obligation associated with the case by
  155  the completion of community service as ordered by the court.
  156  
  157  The application must include a signature by the applicant which
  158  attests to the truthfulness of the information provided. The
  159  application form developed by the corporation must include
  160  notice that the applicant may seek court review of a clerk’s
  161  determination that the applicant is not indigent, as provided in
  162  this section.
  163         Section 2. Subsections (4) and (6) of section 28.246,
  164  Florida Statutes, are amended to read:
  165         28.246 Payment of court-related fines or other monetary
  166  penalties, fees, charges, and costs; partial payments;
  167  distribution of funds.—
  168         (4) The clerk of the circuit court shall accept partial
  169  payments for court-related fees, service charges, costs, and
  170  fines in accordance with the terms of an established payment
  171  plan. An individual seeking to defer payment of fees, service
  172  charges, costs, or fines imposed by operation of law or order of
  173  the court under any provision of general law shall apply to the
  174  clerk for enrollment in a payment plan. The clerk shall enter
  175  into a payment plan with an individual who the court determines
  176  is indigent for costs. A monthly payment amount, calculated
  177  based upon all fees and all anticipated costs, may is presumed
  178  to correspond to the person’s ability to pay if the amount does
  179  not exceed 2 percent of the person’s annual net income, as
  180  defined in s. 27.52(1), divided by 12, without the consent of
  181  the applicant. The court may review the reasonableness of the
  182  payment plan.
  183         (6)(a) A clerk of court shall pursue the collection of any
  184  fees, service charges, fines, court costs, and liens for the
  185  payment of attorney fees and costs pursuant to s. 938.29 which
  186  remain unpaid after 90 days by referring the account to a
  187  private attorney who is a member in good standing of The Florida
  188  Bar or collection agent who is registered and in good standing
  189  pursuant to chapter 559. In pursuing the collection of such
  190  unpaid financial obligations through a private attorney or
  191  collection agent, the clerk of the court must have attempted to
  192  collect the unpaid amount through a collection court,
  193  collections docket, or other collections process, if any,
  194  established by the court, find this to be cost-effective and
  195  follow any applicable procurement practices.
  196         (b) In retaining a private attorney or collection agent as
  197  provided in this subsection, the clerk shall solicit competitive
  198  bids from private attorneys or collection agents. The contract
  199  awarded to the successful bidder may be in effect for no longer
  200  than 3 years, with a maximum of two 1-year extensions.
  201         (c) The clerk shall consider all pertinent criteria when
  202  considering bids, including, but not limited to, performance
  203  quality and customer service. The collection fee paid to the
  204  private attorney or collection agent, including any reasonable
  205  attorney’s fee, paid to any attorney or collection agent
  206  retained by the clerk may be added to the balance owed in an
  207  amount not to exceed 40 percent of the amount owed at the time
  208  the account is referred to the attorney or agent for collection.
  209         (d) The clerk may not assess any surcharge to refer the
  210  account to a private attorney or an agent for collection.
  211         (e) The private attorney or collection agent may not impose
  212  any additional fees or surcharges other than the contractually
  213  agreed-upon amounts.
  214         (f) The clerk shall give the private attorney or collection
  215  agent the application for the appointment of court-appointed
  216  counsel regardless of whether the court file is otherwise
  217  confidential from disclosure.
  218         Section 3. Present paragraphs (b), (c), and (d) of
  219  subsection (1) of section 316.650, Florida Statutes, are
  220  redesignated as paragraphs (c), (d), and (e), respectively, a
  221  new paragraph (b) is added to that subsection, and present
  222  paragraph (c) of that subsection is amended, to read:
  223         316.650 Traffic citations.—
  224         (1)
  225         (b) The traffic citation form must include language
  226  indicating that a person may enter into a payment plan with the
  227  clerk of court to pay a penalty. The form must also indicate
  228  that a person ordered to pay a penalty for a noncriminal traffic
  229  infraction and who is unable to comply due to demonstrable
  230  financial hardship will be allowed by the court to satisfy the
  231  payment by participating in community service pursuant to s.
  232  318.18(8)(b).
  233         (d)(c) Notwithstanding paragraphs (a) and (c) (b), a
  234  traffic enforcement agency may produce uniform traffic citations
  235  by electronic means. Such citations must be consistent with the
  236  state traffic court rules and the procedures established by the
  237  department and must be appropriately numbered and inventoried.
  238  Affidavit-of-compliance forms may also be produced by electronic
  239  means.
  240         Section 4. Subsection (4) is added to section 318.15,
  241  Florida Statutes, to read:
  242         318.15 Failure to comply with civil penalty or to appear;
  243  penalty.—
  244         (4) Notwithstanding any other law, a person’s driver
  245  license may not be suspended solely for a failure to pay a
  246  penalty if the person requests a hearing and demonstrates to the
  247  court, after notice of the penalty and before the suspension
  248  takes place, that the person is unable to pay the penalty.
  249         Section 5. Paragraph (b) of subsection (8) of section
  250  318.18, Florida Statutes, is amended to read:
  251         318.18 Amount of penalties.—The penalties required for a
  252  noncriminal disposition pursuant to s. 318.14 or a criminal
  253  offense listed in s. 318.17 are as follows:
  254         (8)
  255         (b)1.a. If a person has been ordered to pay a civil penalty
  256  for a noncriminal traffic infraction and the person is unable to
  257  comply with the court’s order due to demonstrable financial
  258  hardship, the court shall allow the person to satisfy the civil
  259  penalty by participating in community service until the civil
  260  penalty is paid.
  261         b. The court shall inquire at the time the civil penalty is
  262  ordered whether the person is able to pay it.
  263         c. If a court orders a person to perform community service,
  264  the person shall receive credit for the civil penalty at the
  265  specified hourly credit rate per hour of community service
  266  performed, and each hour of community service performed shall
  267  reduce the civil penalty by that amount.
  268         2.a. As used in this paragraph, the term “specified hourly
  269  credit rate” means the wage rate that is specified in 29 U.S.C.
  270  s. 206(a)(1) under the federal Fair Labor Standards Act of 1938,
  271  that is then in effect, and that an employer subject to such
  272  provision must pay per hour to each employee subject to such
  273  provision.
  274         b. However, if a person ordered to perform community
  275  service has a trade or profession for which there is a community
  276  service need, the specified hourly credit rate for each hour of
  277  community service performed by that person shall be the average
  278  prevailing wage rate for the trade or profession that the
  279  community service agency needs.
  280         3.a. The community service agency supervising the person
  281  shall record the number of hours of community service completed
  282  and the date the community service hours were completed. The
  283  community service agency shall submit the data to the clerk of
  284  court on the letterhead of the community service agency, which
  285  must also bear the notarized signature of the person designated
  286  to represent the community service agency.
  287         b. When the number of community service hours completed by
  288  the person equals the amount of the civil penalty, the clerk of
  289  court shall certify this fact to the court. Thereafter, the
  290  clerk of court shall record in the case file that the civil
  291  penalty has been paid in full.
  292         4. As used in this paragraph, the term:
  293         a. “Community service” means uncompensated labor for a
  294  community service agency.
  295         b. “Community service agency” means a not-for-profit
  296  corporation, community organization, charitable organization,
  297  public officer, the state or any political subdivision of the
  298  state, or any other body the purpose of which is to improve the
  299  quality of life or social welfare of the community and which
  300  agrees to accept community service from persons unable to pay
  301  civil penalties for noncriminal traffic infractions.
  302         Section 6. Subsections (1) through (4) of section 322.055,
  303  Florida Statutes, are amended to read:
  304         322.055 Revocation or suspension of, or delay of
  305  eligibility for, driver license for persons 18 years of age or
  306  older convicted of certain drug offenses.—
  307         (1) Notwithstanding s. 322.28, upon the conviction of a
  308  person 18 years of age or older for possession or sale of,
  309  trafficking in, or conspiracy to possess, sell, or traffic in a
  310  controlled substance, the court shall direct the department to
  311  revoke the driver license or driving privilege of the person.
  312  The period of such revocation shall be 6 months 1 year or until
  313  the person is evaluated for and, if deemed necessary by the
  314  evaluating agency, completes a drug treatment and rehabilitation
  315  program approved or regulated by the Department of Children and
  316  Families. However, the court may, in its sound discretion,
  317  direct the department to issue a license for driving privilege
  318  restricted to business or employment purposes only, as defined
  319  by s. 322.271, if the person is otherwise qualified for such a
  320  license. A driver whose license or driving privilege has been
  321  suspended or revoked under this section or s. 322.056 may, upon
  322  the expiration of 6 months, petition the department for
  323  restoration of the driving privilege on a restricted or
  324  unrestricted basis depending on length of suspension or
  325  revocation. In no case shall A restricted license may not be
  326  available until 6 months of the suspension or revocation period
  327  has been completed expired.
  328         (2) If a person 18 years of age or older is convicted for
  329  the possession or sale of, trafficking in, or conspiracy to
  330  possess, sell, or traffic in a controlled substance and such
  331  person is eligible by reason of age for a driver license or
  332  privilege, the court shall direct the department to withhold
  333  issuance of such person’s driver license or driving privilege
  334  for a period of 6 months 1 year after the date the person was
  335  convicted or until the person is evaluated for and, if deemed
  336  necessary by the evaluating agency, completes a drug treatment
  337  and rehabilitation program approved or regulated by the
  338  Department of Children and Families. However, the court may, in
  339  its sound discretion, direct the department to issue a license
  340  for driving privilege restricted to business or employment
  341  purposes only, as defined by s. 322.271, if the person is
  342  otherwise qualified for such a license. A driver whose license
  343  or driving privilege has been suspended or revoked under this
  344  section or s. 322.056 may, upon the expiration of 6 months,
  345  petition the department for restoration of the driving privilege
  346  on a restricted or unrestricted basis depending on the length of
  347  suspension or revocation. In no case shall A restricted license
  348  may not be available until 6 months of the suspension or
  349  revocation period has been completed expired.
  350         (3) If a person 18 years of age or older is convicted for
  351  the possession or sale of, trafficking in, or conspiracy to
  352  possess, sell, or traffic in a controlled substance and such
  353  person’s driver license or driving privilege is already under
  354  suspension or revocation for any reason, the court shall direct
  355  the department to extend the period of such suspension or
  356  revocation by an additional period of 6 months 1 year or until
  357  the person is evaluated for and, if deemed necessary by the
  358  evaluating agency, completes a drug treatment and rehabilitation
  359  program approved or regulated by the Department of Children and
  360  Families. However, the court may, in its sound discretion,
  361  direct the department to issue a license for driving privilege
  362  restricted to business or employment purposes only, as defined
  363  by s. 322.271, if the person is otherwise qualified for such a
  364  license. A driver whose license or driving privilege has been
  365  suspended or revoked under this section or s. 322.056 may, upon
  366  the expiration of 6 months, petition the department for
  367  restoration of the driving privilege on a restricted or
  368  unrestricted basis depending on the length of suspension or
  369  revocation. In no case shall A restricted license may not be
  370  available until 6 months of the suspension or revocation period
  371  has been completed expired.
  372         (4) If a person 18 years of age or older is convicted for
  373  the possession or sale of, trafficking in, or conspiracy to
  374  possess, sell, or traffic in a controlled substance and such
  375  person is ineligible by reason of age for a driver license or
  376  driving privilege, the court shall direct the department to
  377  withhold issuance of such person’s driver license or driving
  378  privilege for a period of 6 months 1 year after the date that he
  379  or she would otherwise have become eligible or until he or she
  380  becomes eligible by reason of age for a driver license and is
  381  evaluated for and, if deemed necessary by the evaluating agency,
  382  completes a drug treatment and rehabilitation program approved
  383  or regulated by the Department of Children and Families.
  384  However, the court may, in its sound discretion, direct the
  385  department to issue a license for driving privilege restricted
  386  to business or employment purposes only, as defined by s.
  387  322.271, if the person is otherwise qualified for such a
  388  license. A driver whose license or driving privilege has been
  389  suspended or revoked under this section or s. 322.056 may, upon
  390  the expiration of 6 months, petition the department for
  391  restoration of the driving privilege on a restricted or
  392  unrestricted basis depending on the length of suspension or
  393  revocation. In no case shall A restricted license may not be
  394  available until 6 months of the suspension or revocation period
  395  has been completed expired.
  396         Section 7. Section 322.056, Florida Statutes, is amended to
  397  read:
  398         322.056 Mandatory revocation or suspension of, or delay of
  399  eligibility for, driver license for persons under age 18 found
  400  guilty of certain alcohol, drug, or tobacco offenses;
  401  prohibition.—
  402         (1) Notwithstanding the provisions of s. 322.055, if a
  403  person under 18 years of age is found guilty of or delinquent
  404  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  405  and:
  406         (a) The person is eligible by reason of age for a driver
  407  license or driving privilege, the court shall direct the
  408  department to revoke or to withhold issuance of his or her
  409  driver license or driving privilege for a period of 6 months.:
  410         1. Not less than 6 months and not more than 1 year for the
  411  first violation.
  412         2. Two years, for a subsequent violation.
  413         (b) The person’s driver license or driving privilege is
  414  under suspension or revocation for any reason, the court shall
  415  direct the department to extend the period of suspension or
  416  revocation by an additional period of 6 months.:
  417         1. Not less than 6 months and not more than 1 year for the
  418  first violation.
  419         2. Two years, for a subsequent violation.
  420         (c) The person is ineligible by reason of age for a driver
  421  license or driving privilege, the court shall direct the
  422  department to withhold issuance of his or her driver license or
  423  driving privilege for a period of:
  424         1. Not less than 6 months and not more than 1 year after
  425  the date on which he or she would otherwise have become
  426  eligible, for the first violation.
  427         2. Two years after the date on which he or she would
  428  otherwise have become eligible, for a subsequent violation.
  429  
  430  However, the court may, in its sound discretion, direct the
  431  department to issue a license for driving privileges restricted
  432  to business or employment purposes only, as defined in s.
  433  322.271, if the person is otherwise qualified for such a
  434  license.
  435         (2) If a person under 18 years of age is found by the court
  436  to have committed a noncriminal violation under s. 569.11 or s.
  437  877.112(6) or (7) and that person has failed to comply with the
  438  procedures established in that section by failing to fulfill
  439  community service requirements, failing to pay the applicable
  440  fine, or failing to attend a locally available school-approved
  441  anti-tobacco program, and:
  442         (a) The person is eligible by reason of age for a driver
  443  license or driving privilege, the court shall direct the
  444  department to revoke or to withhold issuance of his or her
  445  driver license or driving privilege as follows:
  446         1. For the first violation, for 30 days.
  447         2. For the second violation within 12 weeks of the first
  448  violation, for 45 days.
  449         (b) The person’s driver license or driving privilege is
  450  under suspension or revocation for any reason, the court shall
  451  direct the department to extend the period of suspension or
  452  revocation by an additional period as follows:
  453         1. For the first violation, for 30 days.
  454         2. For the second violation within 12 weeks of the first
  455  violation, for 45 days.
  456         (c) The person is ineligible by reason of age for a driver
  457  license or driving privilege, the court shall direct the
  458  department to withhold issuance of his or her driver license or
  459  driving privilege as follows:
  460         1. For the first violation, for 30 days.
  461         2. For the second violation within 12 weeks of the first
  462  violation, for 45 days.
  463  
  464  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  465  within the 12-week period after the first violation will be
  466  treated as a first violation and in the same manner as provided
  467  in this subsection.
  468         (3) If a person under 18 years of age is found by the court
  469  to have committed a third violation of s. 569.11 or s.
  470  877.112(6) or (7) within 12 weeks of the first violation, the
  471  court must direct the Department of Highway Safety and Motor
  472  Vehicles to suspend or withhold issuance of his or her driver
  473  license or driving privilege for 60 consecutive days. Any third
  474  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  475  12-week period after the first violation will be treated as a
  476  first violation and in the same manner as provided in subsection
  477  (2).
  478         (2)(4) A penalty imposed under this section shall be in
  479  addition to any other penalty imposed by law.
  480         (5) The suspension or revocation of a person’s driver
  481  license imposed pursuant to subsection (2) or subsection (3),
  482  shall not result in or be cause for an increase of the convicted
  483  person’s, or his or her parent’s or legal guardian’s, automobile
  484  insurance rate or premium or result in points assessed against
  485  the person’s driving record.
  486         Section 8. Section 322.057, Florida Statutes, is repealed.
  487         Section 9. Subsection (3) of section 322.09, Florida
  488  Statutes, is amended, and present subsections (4) and (5) of
  489  that section are redesignated as subsections (3) and (4),
  490  respectively, to read:
  491         322.09 Application of minors; responsibility for negligence
  492  or misconduct of minor.—
  493         (3) The department may not issue a driver license or
  494  learner’s driver license to any applicant under the age of 18
  495  years who is not in compliance with the requirements of s.
  496  322.091.
  497         Section 10. Section 322.091, Florida Statutes, is repealed.
  498         Section 11. Subsection (6) is added to section 322.245,
  499  Florida Statutes, to read:
  500         322.245 Suspension of license upon failure of person
  501  charged with specified offense under chapter 316, chapter 320,
  502  or this chapter to comply with directives ordered by traffic
  503  court or upon failure to pay child support in non-IV-D cases as
  504  provided in chapter 61 or failure to pay any financial
  505  obligation in any other criminal case.—
  506         (6) Notwithstanding any other law, a person’s driver
  507  license may not be suspended solely for a failure to pay a
  508  penalty if the person requests a hearing and demonstrates to the
  509  court, after notice of the penalty and before the suspension
  510  takes place, that the person is unable to pay the penalty.
  511         Section 12. Subsection (7) of section 322.251, Florida
  512  Statutes, is repealed.
  513         Section 13. Subsection (8) is added to section 322.271,
  514  Florida Statutes, to read:
  515         322.271 Authority to modify revocation, cancellation, or
  516  suspension order.—
  517         (8) A person whose driver license or privilege to drive has
  518  been suspended under s. 318.15 or s. 322.245, with the exception
  519  of any suspension related to s. 61.13016, may have his or her
  520  driver license or driving privilege reinstated on a restricted
  521  basis by the department in accordance with this section. The
  522  restricted license shall be valid until the 7-year suspension
  523  period ends as provided in s. 318.15 or until the debt is paid.
  524         Section 14. Subsection (10) of section 322.34, Florida
  525  Statutes, is amended to read:
  526         322.34 Driving while license suspended, revoked, canceled,
  527  or disqualified.—
  528         (10)(a) Notwithstanding any other provision of this
  529  section, if a person does not have a prior forcible felony
  530  conviction as defined in s. 776.08, the penalties provided in
  531  paragraph (b) apply if a person’s driver license or driving
  532  privilege is canceled, suspended, or revoked for:
  533         1. Failing to pay child support as provided in s. 322.245
  534  or s. 61.13016;
  535         2. Failing to pay any other financial obligation as
  536  provided in s. 322.245 other than those specified in s.
  537  322.245(1);
  538         3. Failing to comply with a civil penalty required in s.
  539  318.15;
  540         4. Failing to maintain vehicular financial responsibility
  541  as required by chapter 324; or
  542         5. Failing to comply with attendance or other requirements
  543  for minors as set forth in s. 322.091; or
  544         5.6. Having been designated a habitual traffic offender
  545  under s. 322.264(1)(d) as a result of suspensions of his or her
  546  driver license or driver privilege for any underlying violation
  547  listed in subparagraphs 1.-4. 1.-5.
  548         (b)1. Upon a first conviction for knowingly driving while
  549  his or her license is suspended, revoked, or canceled for any of
  550  the underlying violations listed in subparagraphs (a)1.-5.
  551  (a)1.-6., a person commits a misdemeanor of the second degree,
  552  punishable as provided in s. 775.082 or s. 775.083.
  553         2. Upon a second or subsequent conviction for the same
  554  offense of knowingly driving while his or her license is
  555  suspended, revoked, or canceled for any of the underlying
  556  violations listed in subparagraphs (a)1.-5. (a)1.-6., a person
  557  commits a misdemeanor of the first degree, punishable as
  558  provided in s. 775.082 or s. 775.083.
  559         Section 15. Paragraph (a) of subsection (1) and paragraph
  560  (c) of subsection (2) of section 562.11, Florida Statutes, are
  561  amended to read:
  562         562.11 Selling, giving, or serving alcoholic beverages to
  563  person under age 21; providing a proper name; misrepresenting or
  564  misstating age or age of another to induce licensee to serve
  565  alcoholic beverages to person under 21; penalties.—
  566         (1)(a)1. A person may not sell, give, serve, or permit to
  567  be served alcoholic beverages to a person under 21 years of age
  568  or permit a person under 21 years of age to consume such
  569  beverages on the licensed premises. A person who violates this
  570  subparagraph commits a misdemeanor of the second degree,
  571  punishable as provided in s. 775.082 or s. 775.083. A person who
  572  violates this subparagraph a second or subsequent time within 1
  573  year after a prior conviction commits a misdemeanor of the first
  574  degree, punishable as provided in s. 775.082 or s. 775.083.
  575         2. In addition to any other penalty imposed for a violation
  576  of subparagraph 1., the court may order the Department of
  577  Highway Safety and Motor Vehicles to withhold the issuance of,
  578  or suspend or revoke, the driver license or driving privilege,
  579  as provided in s. 322.057, of any person who violates
  580  subparagraph 1. This subparagraph does not apply to a licensee,
  581  as defined in s. 561.01, who violates subparagraph 1. while
  582  acting within the scope of his or her license or an employee or
  583  agent of a licensee, as defined in s. 561.01, who violates
  584  subparagraph 1. while engaged within the scope of his or her
  585  employment or agency.
  586         3. A court that withholds the issuance of, or suspends or
  587  revokes, the driver license or driving privilege of a person
  588  pursuant to subparagraph 2. may direct the Department of Highway
  589  Safety and Motor Vehicles to issue the person a license for
  590  driving privilege restricted to business purposes only, as
  591  defined in s. 322.271, if he or she is otherwise qualified.
  592         (2) It is unlawful for any person to misrepresent or
  593  misstate his or her age or the age of any other person for the
  594  purpose of inducing any licensee or his or her agents or
  595  employees to sell, give, serve, or deliver any alcoholic
  596  beverages to a person under 21 years of age, or for any person
  597  under 21 years of age to purchase or attempt to purchase
  598  alcoholic beverages.
  599         (c) In addition to any other penalty imposed for a
  600  violation of this subsection, if a person uses a driver license
  601  or identification card issued by the Department of Highway
  602  Safety and Motor Vehicles in violation of this subsection, the
  603  court:
  604         1. may order the person to participate in public service or
  605  a community work project for a period not to exceed 40 hours;
  606  and
  607         2. Shall direct the Department of Highway Safety and Motor
  608  Vehicles to withhold issuance of, or suspend or revoke, the
  609  person’s driver license or driving privilege, as provided in s.
  610  322.056.
  611         Section 16. Subsection (3) of section 562.111, Florida
  612  Statutes, is repealed.
  613         Section 17. Subsections (1), (2), and (5) of section
  614  569.11, Florida Statutes, are amended to read:
  615         569.11 Possession, misrepresenting age or military service
  616  to purchase, and purchase of tobacco products by persons under
  617  18 years of age prohibited; penalties; jurisdiction; disposition
  618  of fines.—
  619         (1) It is unlawful for any person under 18 years of age to
  620  knowingly possess any tobacco product. Any person under 18 years
  621  of age who violates the provisions of this subsection commits a
  622  noncriminal violation as provided in s. 775.08(3), punishable
  623  by:
  624         (a) For a first violation, 16 hours of community service
  625  or, instead of community service, a $25 fine. In addition, the
  626  person must attend a school-approved anti-tobacco program, if
  627  locally available; or
  628         (b) For a second or subsequent violation within 12 weeks
  629  after of the first violation, a $25 fine.; or
  630         (c) For a third or subsequent violation within 12 weeks of
  631  the first violation, the court must direct the Department of
  632  Highway Safety and Motor Vehicles to withhold issuance of or
  633  suspend or revoke the person’s driver license or driving
  634  privilege, as provided in s. 322.056.
  635  
  636  Any second or subsequent violation not within the 12-week time
  637  period after the first violation is punishable as provided for a
  638  first violation.
  639         (2) It is unlawful for any person under 18 years of age to
  640  misrepresent his or her age or military service for the purpose
  641  of inducing a dealer or an agent or employee of the dealer to
  642  sell, give, barter, furnish, or deliver any tobacco product, or
  643  to purchase, or attempt to purchase, any tobacco product from a
  644  person or a vending machine. Any person under 18 years of age
  645  who violates a provision of this subsection commits a
  646  noncriminal violation as provided in s. 775.08(3), punishable
  647  by:
  648         (a) For a first violation, 16 hours of community service
  649  or, instead of community service, a $25 fine and, in addition,
  650  the person must attend a school-approved anti-tobacco program,
  651  if available; or
  652         (b) For a second or subsequent violation within 12 weeks
  653  after of the first violation, a $25 fine.; or
  654         (c) For a third or subsequent violation within 12 weeks of
  655  the first violation, the court must direct the Department of
  656  Highway Safety and Motor Vehicles to withhold issuance of or
  657  suspend or revoke the person’s driver license or driving
  658  privilege, as provided in s. 322.056.
  659  
  660  Any second or subsequent violation not within the 12-week time
  661  period after the first violation is punishable as provided for a
  662  first violation.
  663         (5)(a) If a person under 18 years of age is found by the
  664  court to have committed a noncriminal violation under this
  665  section and that person has failed to complete community
  666  service, pay the fine as required by paragraph (1)(a) or
  667  paragraph (2)(a), or attend a school-approved anti-tobacco
  668  program, if locally available, the court may must direct the
  669  Department of Highway Safety and Motor Vehicles to withhold
  670  issuance of or suspend the driver license or driving privilege
  671  of that person for a period of 30 consecutive days.
  672         (b) If a person under 18 years of age is found by the court
  673  to have committed a noncriminal violation under this section and
  674  that person has failed to pay the applicable fine as required by
  675  paragraph (1)(b) or paragraph (2)(b), the court may must direct
  676  the Department of Highway Safety and Motor Vehicles to withhold
  677  issuance of or suspend the driver license or driving privilege
  678  of that person for a period of 45 consecutive days.
  679         Section 18. Subsections (5) and (10) of section 790.22,
  680  Florida Statutes, are amended to read:
  681         790.22 Use of BB guns, air or gas-operated guns, or
  682  electric weapons or devices by minor under 16; limitation;
  683  possession of firearms by minor under 18 prohibited; penalties.—
  684         (5)(a) A minor who violates subsection (3) commits a
  685  misdemeanor of the first degree; for a first offense, may serve
  686  a period of detention of up to 3 days in a secure detention
  687  facility; and, in addition to any other penalty provided by law,
  688  shall be required to perform 100 hours of community service.;
  689  and:
  690         1. If the minor is eligible by reason of age for a driver
  691  license or driving privilege, the court shall direct the
  692  Department of Highway Safety and Motor Vehicles to revoke or to
  693  withhold issuance of the minor’s driver license or driving
  694  privilege for up to 1 year.
  695         2. If the minor’s driver license or driving privilege is
  696  under suspension or revocation for any reason, the court shall
  697  direct the Department of Highway Safety and Motor Vehicles to
  698  extend the period of suspension or revocation by an additional
  699  period of up to 1 year.
  700         3. If the minor is ineligible by reason of age for a driver
  701  license or driving privilege, the court shall direct the
  702  Department of Highway Safety and Motor Vehicles to withhold
  703  issuance of the minor’s driver license or driving privilege for
  704  up to 1 year after the date on which the minor would otherwise
  705  have become eligible.
  706         (b) For a second or subsequent offense, a minor who
  707  violates subsection (3) commits a felony of the third degree and
  708  shall serve a period of detention of up to 15 days in a secure
  709  detention facility and shall be required to perform not less
  710  than 100 or nor more than 250 hours of community service., and:
  711         1. If the minor is eligible by reason of age for a driver
  712  license or driving privilege, the court shall direct the
  713  Department of Highway Safety and Motor Vehicles to revoke or to
  714  withhold issuance of the minor’s driver license or driving
  715  privilege for up to 2 years.
  716         2. If the minor’s driver license or driving privilege is
  717  under suspension or revocation for any reason, the court shall
  718  direct the Department of Highway Safety and Motor Vehicles to
  719  extend the period of suspension or revocation by an additional
  720  period of up to 2 years.
  721         3. If the minor is ineligible by reason of age for a driver
  722  license or driving privilege, the court shall direct the
  723  Department of Highway Safety and Motor Vehicles to withhold
  724  issuance of the minor’s driver license or driving privilege for
  725  up to 2 years after the date on which the minor would otherwise
  726  have become eligible.
  727  
  728  For the purposes of this subsection, community service shall be
  729  performed, if possible, in a manner involving a hospital
  730  emergency room or other medical environment that deals on a
  731  regular basis with trauma patients and gunshot wounds.
  732         (10) If a minor is found to have committed an offense under
  733  subsection (9), the court shall impose the following penalties
  734  in addition to any penalty imposed under paragraph (9)(a) or
  735  paragraph (9)(b):
  736         (a) For a first offense:
  737         1. If the minor is eligible by reason of age for a driver
  738  license or driving privilege, the court shall direct the
  739  Department of Highway Safety and Motor Vehicles to revoke or to
  740  withhold issuance of the minor’s driver license or driving
  741  privilege for up to 1 year.
  742         2. If the minor’s driver license or driving privilege is
  743  under suspension or revocation for any reason, the court shall
  744  direct the Department of Highway Safety and Motor Vehicles to
  745  extend the period of suspension or revocation by an additional
  746  period for up to 1 year.
  747         3. If the minor is ineligible by reason of age for a driver
  748  license or driving privilege, the court shall direct the
  749  Department of Highway Safety and Motor Vehicles to withhold
  750  issuance of the minor’s driver license or driving privilege for
  751  up to 1 year after the date on which the minor would otherwise
  752  have become eligible.
  753         (b) For a second or subsequent offense:
  754         1. If the minor is eligible by reason of age for a driver
  755  license or driving privilege, the court shall direct the
  756  Department of Highway Safety and Motor Vehicles to revoke or to
  757  withhold issuance of the minor’s driver license or driving
  758  privilege for up to 2 years.
  759         2. If the minor’s driver license or driving privilege is
  760  under suspension or revocation for any reason, the court shall
  761  direct the Department of Highway Safety and Motor Vehicles to
  762  extend the period of suspension or revocation by an additional
  763  period for up to 2 years.
  764         3. If the minor is ineligible by reason of age for a driver
  765  license or driving privilege, the court shall direct the
  766  Department of Highway Safety and Motor Vehicles to withhold
  767  issuance of the minor’s driver license or driving privilege for
  768  up to 2 years after the date on which the minor would otherwise
  769  have become eligible.
  770         Section 19. Subsections (7) and (8) of section 806.13,
  771  Florida Statutes, are amended, and present subsection (9) of
  772  that section is redesignated as subsection (7), to read:
  773         806.13 Criminal mischief; penalties; penalty for minor.—
  774         (7) In addition to any other penalty provided by law, if a
  775  minor is found to have committed a delinquent act under this
  776  section for placing graffiti on any public property or private
  777  property, and:
  778         (a) The minor is eligible by reason of age for a driver
  779  license or driving privilege, the court shall direct the
  780  Department of Highway Safety and Motor Vehicles to revoke or
  781  withhold issuance of the minor’s driver license or driving
  782  privilege for not more than 1 year.
  783         (b) The minor’s driver license or driving privilege is
  784  under suspension or revocation for any reason, the court shall
  785  direct the Department of Highway Safety and Motor Vehicles to
  786  extend the period of suspension or revocation by an additional
  787  period of not more than 1 year.
  788         (c) The minor is ineligible by reason of age for a driver
  789  license or driving privilege, the court shall direct the
  790  Department of Highway Safety and Motor Vehicles to withhold
  791  issuance of the minor’s driver license or driving privilege for
  792  not more than 1 year after the date on which he or she would
  793  otherwise have become eligible.
  794         (8) A minor whose driver license or driving privilege is
  795  revoked, suspended, or withheld under subsection (7) may elect
  796  to reduce the period of revocation, suspension, or withholding
  797  by performing community service at the rate of 1 day for each
  798  hour of community service performed. In addition, if the court
  799  determines that due to a family hardship, the minor’s driver
  800  license or driving privilege is necessary for employment or
  801  medical purposes of the minor or a member of the minor’s family,
  802  the court shall order the minor to perform community service and
  803  reduce the period of revocation, suspension, or withholding at
  804  the rate of 1 day for each hour of community service performed.
  805  As used in this subsection, the term “community service” means
  806  cleaning graffiti from public property.
  807         Section 20. Section 812.0155, Florida Statutes, is
  808  repealed.
  809         Section 21. Section 832.09, Florida Statutes, is repealed.
  810         Section 22. Subsections (6) and (7) and paragraphs (c) and
  811  (d) of subsection (8) of section 877.112, Florida Statutes, are
  812  amended to read:
  813         877.112 Nicotine products and nicotine dispensing devices;
  814  prohibitions for minors; penalties; civil fines; signage
  815  requirements; preemption.—
  816         (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
  817  NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
  818  person under 18 years of age to knowingly possess any nicotine
  819  product or a nicotine dispensing device. Any person under 18
  820  years of age who violates this subsection commits a noncriminal
  821  violation as defined in s. 775.08(3), punishable by:
  822         (a) For a first violation, 16 hours of community service
  823  or, instead of community service, a $25 fine. In addition, the
  824  person must attend a school-approved anti-tobacco and nicotine
  825  program, if locally available; or
  826         (b) For a second or subsequent violation within 12 weeks
  827  after of the first violation, a $25 fine.; or
  828         (c) For a third or subsequent violation within 12 weeks of
  829  the first violation, the court must direct the Department of
  830  Highway Safety and Motor Vehicles to withhold issuance of or
  831  suspend or revoke the person’s driver license or driving
  832  privilege, as provided in s. 322.056.
  833  
  834  Any second or subsequent violation not within the 12-week time
  835  period after the first violation is punishable as provided for a
  836  first violation.
  837         (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
  838  any person under 18 years of age to misrepresent his or her age
  839  or military service for the purpose of inducing a retailer of
  840  nicotine products or nicotine dispensing devices or an agent or
  841  employee of such retailer to sell, give, barter, furnish, or
  842  deliver any nicotine product or nicotine dispensing device, or
  843  to purchase, or attempt to purchase, any nicotine product or
  844  nicotine dispensing device from a person or a vending machine.
  845  Any person under 18 years of age who violates this subsection
  846  commits a noncriminal violation as defined in s. 775.08(3),
  847  punishable by:
  848         (a) For a first violation, 16 hours of community service
  849  or, instead of community service, a $25 fine and, in addition,
  850  the person must attend a school-approved anti-tobacco and
  851  nicotine program, if available; or
  852         (b) For a second or subsequent violation within 12 weeks of
  853  the first violation, a $25 fine.; or
  854         (c) For a third or subsequent violation within 12 weeks of
  855  the first violation, the court must direct the Department of
  856  Highway Safety and Motor Vehicles to withhold issuance of or
  857  suspend or revoke the person’s driver license or driving
  858  privilege, as provided in s. 322.056.
  859  
  860  Any second or subsequent violation not within the 12-week time
  861  period after the first violation is punishable as provided for a
  862  first violation.
  863         (8) PENALTIES FOR MINORS.—
  864         (c) If a person under 18 years of age is found by the court
  865  to have committed a noncriminal violation under this section and
  866  that person has failed to complete community service, pay the
  867  fine as required by paragraph (6)(a) or paragraph (7)(a), or
  868  attend a school-approved anti-tobacco and nicotine program, if
  869  locally available, the court may must direct the Department of
  870  Highway Safety and Motor Vehicles to withhold issuance of or
  871  suspend the driver license or driving privilege of that person
  872  for 30 consecutive days.
  873         (d) If a person under 18 years of age is found by the court
  874  to have committed a noncriminal violation under this section and
  875  that person has failed to pay the applicable fine as required by
  876  paragraph (6)(b) or paragraph (7)(b), the court may must direct
  877  the Department of Highway Safety and Motor Vehicles to withhold
  878  issuance of or suspend the driver license or driving privilege
  879  of that person for 45 consecutive days.
  880         Section 23. Subsection (2) of section 938.30, Florida
  881  Statutes, is amended to read:
  882         938.30 Financial obligations in criminal cases;
  883  supplementary proceedings.—
  884         (2) The court may require a person liable for payment of an
  885  obligation to appear and be examined under oath concerning the
  886  person’s financial ability to pay the obligation. The judge may
  887  convert the statutory financial obligation into a court-ordered
  888  obligation to perform community service, subject to the
  889  provisions of s. 318.18(8), after examining a person under oath
  890  and determining the person’s inability to pay, or by reliance
  891  upon information provided under s. 27.52(1)(a)6. Any person who
  892  fails to attend a hearing may be arrested on warrant or capias
  893  issued by the clerk upon order of the court.
  894         Section 24. Subsection (2) of section 1003.27, Florida
  895  Statutes, is amended to read:
  896         1003.27 Court procedure and penalties.—The court procedure
  897  and penalties for the enforcement of the provisions of this
  898  part, relating to compulsory school attendance, shall be as
  899  follows:
  900         (2) NONENROLLMENT AND NONATTENDANCE CASES.—
  901         (a) In each case of nonenrollment or of nonattendance upon
  902  the part of a student who is required to attend some school,
  903  when no valid reason for such nonenrollment or nonattendance is
  904  found, the district school superintendent shall institute a
  905  criminal prosecution against the student’s parent.
  906         (b) Each public school principal or the principal’s
  907  designee shall notify the district school board of each minor
  908  student under its jurisdiction who accumulates 15 unexcused
  909  absences in a period of 90 calendar days. Each designee of the
  910  governing body of each private school, and each parent whose
  911  child is enrolled in a home education program, may provide the
  912  Department of Highway Safety and Motor Vehicles with the legal
  913  name, sex, date of birth, and social security number of each
  914  minor student under his or her jurisdiction who fails to satisfy
  915  relevant attendance requirements and who fails to otherwise
  916  satisfy the requirements of s. 322.091. The district school
  917  superintendent must provide the Department of Highway Safety and
  918  Motor Vehicles the legal name, sex, date of birth, and social
  919  security number of each minor student who has been reported
  920  under this paragraph and who fails to otherwise satisfy the
  921  requirements of s. 322.091. The Department of Highway Safety and
  922  Motor Vehicles may not issue a driver license or learner’s
  923  driver license to, and shall suspend any previously issued
  924  driver license or learner’s driver license of, any such minor
  925  student, pursuant to the provisions of s. 322.091.
  926         Section 25. Paragraph (a) of subsection (10) of section
  927  318.14, Florida Statutes, is amended to read:
  928         318.14 Noncriminal traffic infractions; exception;
  929  procedures.—
  930         (10)(a) Any person who does not hold a commercial driver
  931  license or commercial learner’s permit and who is cited while
  932  driving a noncommercial motor vehicle for an offense listed
  933  under this subsection may, in lieu of payment of fine or court
  934  appearance, elect to enter a plea of nolo contendere and provide
  935  proof of compliance to the clerk of the court, designated
  936  official, or authorized operator of a traffic violations bureau.
  937  In such case, adjudication shall be withheld; however, a person
  938  may not make an election under this subsection if the person has
  939  made an election under this subsection in the preceding 12
  940  months. A person may not make more than three elections under
  941  this subsection. This subsection applies to the following
  942  offenses:
  943         1. Operating a motor vehicle without a valid driver license
  944  in violation of s. 322.03, s. 322.065, or s. 322.15(1), or
  945  operating a motor vehicle with a license that has been suspended
  946  for failure to appear, failure to pay civil penalty, or failure
  947  to attend a driver improvement course pursuant to s. 322.291.
  948         2. Operating a motor vehicle without a valid registration
  949  in violation of s. 320.0605, s. 320.07, or s. 320.131.
  950         3. Operating a motor vehicle in violation of s. 316.646.
  951         4. Operating a motor vehicle with a license that has been
  952  suspended under s. 61.13016 or s. 322.245 for failure to pay
  953  child support or for failure to pay any other financial
  954  obligation as provided in s. 322.245; however, this subparagraph
  955  does not apply if the license has been suspended pursuant to s.
  956  322.245(1).
  957         5. Operating a motor vehicle with a license that has been
  958  suspended under s. 322.091 for failure to meet school attendance
  959  requirements.
  960         Section 26. Subsections (1) and (2) of section 322.05,
  961  Florida Statutes, are amended to read:
  962         322.05 Persons not to be licensed.—The department may not
  963  issue a license:
  964         (1) To a person who is under the age of 16 years, except
  965  that the department may issue a learner’s driver license to a
  966  person who is at least 15 years of age and who meets the
  967  requirements of s. 322.1615 ss. 322.091 and 322.1615 and of any
  968  other applicable law or rule.
  969         (2) To a person who is at least 16 years of age but is
  970  under 18 years of age unless the person meets the requirements
  971  of s. 322.091 and holds a valid:
  972         (a) Learner’s driver license for at least 12 months, with
  973  no moving traffic convictions, before applying for a license;
  974         (b) Learner’s driver license for at least 12 months and who
  975  has a moving traffic conviction but elects to attend a traffic
  976  driving school for which adjudication must be withheld pursuant
  977  to s. 318.14; or
  978         (c) License that was issued in another state or in a
  979  foreign jurisdiction and that would not be subject to suspension
  980  or revocation under the laws of this state.
  981         Section 27. Paragraph (b) of subsection (5) of section
  982  322.27, Florida Statutes, is amended to read:
  983         322.27 Authority of department to suspend or revoke driver
  984  license or identification card.—
  985         (5)
  986         (b) If a person whose driver license has been revoked under
  987  paragraph (a) as a result of a third violation of driving a
  988  motor vehicle while his or her license is suspended or revoked
  989  provides proof of compliance for an offense listed in s.
  990  318.14(10)(a)1.-4. 318.14(10)(a)1.-5., the clerk of court shall
  991  submit an amended disposition to remove the habitual traffic
  992  offender designation.
  993         Section 28. Subsection (9) of section 1003.01, Florida
  994  Statutes, is amended to read:
  995         1003.01 Definitions.—As used in this chapter, the term:
  996         (9) “Dropout” means a student who meets any one or more of
  997  the following criteria:
  998         (a) The student has voluntarily removed himself or herself
  999  from the school system before graduation for reasons that
 1000  include, but are not limited to, marriage, or the student has
 1001  withdrawn from school because he or she has failed the statewide
 1002  student assessment test and thereby does not receive any of the
 1003  certificates of completion;
 1004         (b) The student has not met the relevant attendance
 1005  requirements of the school district pursuant to State Board of
 1006  Education rules, or the student was expected to attend a school
 1007  but did not enter as expected for unknown reasons, or the
 1008  student’s whereabouts are unknown;
 1009         (c) The student has withdrawn from school, but has not
 1010  transferred to another public or private school or enrolled in
 1011  any career, adult, home education, or alternative educational
 1012  program;
 1013         (d) The student has withdrawn from school due to hardship,
 1014  unless such withdrawal has been granted because of under the
 1015  provisions of s. 322.091, court action, expulsion, medical
 1016  reasons, or pregnancy; or
 1017         (e) The student is not eligible to attend school because of
 1018  reaching the maximum age for an exceptional student program in
 1019  accordance with the district’s policy.
 1020  
 1021  The State Board of Education may adopt rules to implement the
 1022  provisions of this subsection.
 1023         Section 29. The amendment made by this act to s. 316.650,
 1024  Florida Statutes, shall apply upon the creation of a new
 1025  inventory of uniform traffic citation forms.
 1026         Section 30. This act shall take effect October 1, 2017.