Florida Senate - 2018                                     SB 482
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00692-18                                            2018482__
    1                        A bill to be entitled                      
    2         An act relating to driving while a driver license or
    3         driving privilege is canceled, suspended, or revoked;
    4         amending s. 322.34, F.S.; repealing a felony offense
    5         for a third or subsequent conviction for driving while
    6         a driver license or driving privilege is canceled,
    7         suspended, or revoked; providing that such a
    8         conviction is a misdemeanor offense; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 322.34, Florida
   14  Statutes, is amended to read:
   15         322.34 Driving while license suspended, revoked, canceled,
   16  or disqualified.—
   17         (2) Any person whose driver license or driving privilege
   18  has been canceled, suspended, or revoked as provided by law,
   19  except persons defined in s. 322.264, who, knowing of such
   20  cancellation, suspension, or revocation, drives any motor
   21  vehicle upon the highways of this state while such license or
   22  privilege is canceled, suspended, or revoked, upon:
   23         (a) A first conviction is guilty of a misdemeanor of the
   24  second degree, punishable as provided in s. 775.082 or s.
   25  775.083.
   26         (b) A second or subsequent conviction is guilty of a
   27  misdemeanor of the first degree, punishable as provided in s.
   28  775.082 or s. 775.083.
   29         (c) A third or subsequent conviction is guilty of a felony
   30  of the third degree, punishable as provided in s. 775.082, s.
   31  775.083, or s. 775.084.
   32  
   33  The element of knowledge is satisfied if the person has been
   34  previously cited as provided in subsection (1); or the person
   35  admits to knowledge of the cancellation, suspension, or
   36  revocation; or the person received notice as provided in
   37  subsection (4). There shall be a rebuttable presumption that the
   38  knowledge requirement is satisfied if a judgment or order as
   39  provided in subsection (4) appears in the department’s records
   40  for any case except for one involving a suspension by the
   41  department for failure to pay a traffic fine or for a financial
   42  responsibility violation.
   43         Section 2. This act shall take effect October 1, 2018.