Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 7125
       
       
       
       
       
       
                                Ì879480>Î879480                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1a/RE/2R         .                                
             05/01/2019 07:14 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (462662) (with directory and
    2  title amendments)
    3  
    4         Delete lines 501 - 682
    5  and insert:
    6         (5) Any person who has been designated a habitual traffic
    7  offender as defined by whose driver license has been revoked
    8  pursuant to s. 322.264 (habitual offender) and who drives any
    9  motor vehicle upon the highways of this state while designated a
   10  habitual traffic offender such license is revoked is guilty of a
   11  felony of the third degree, punishable as provided in s.
   12  775.082, s. 775.083, or s. 775.084.
   13         (7) Any person whose driver license or driving privilege
   14  has been canceled, suspended, revoked, or disqualified, or who
   15  does not have a driver license or driving privilege but is under
   16  suspension or revocation equivalent status, and who drives a
   17  commercial motor vehicle on the highways of this state while
   18  such license or privilege is canceled, suspended, revoked, or
   19  disqualified, or while under suspension or revocation equivalent
   20  status, upon:
   21         (a) A first conviction is guilty of a misdemeanor of the
   22  first degree, punishable as provided in s. 775.082 or s.
   23  775.083.
   24         (b) A second or subsequent conviction is guilty of a felony
   25  of the third degree, punishable as provided in s. 775.082, s.
   26  775.083, or s. 775.084.
   27         (8)(a) Upon the arrest of a person for the offense of
   28  driving while the person’s driver license or driving privilege
   29  is suspended or revoked, the arresting officer shall determine:
   30         1. Whether the person’s driver license is suspended or
   31  revoked, or the person is under suspension or revocation
   32  equivalent status.
   33         2. Whether the person’s driver license has remained
   34  suspended or revoked, or the person has been under suspension or
   35  revocation equivalent status, since a conviction for the offense
   36  of driving with a suspended or revoked license.
   37         3. Whether the suspension, or revocation, or suspension or
   38  revocation equivalent status was made under s. 316.646 or s.
   39  627.733, relating to failure to maintain required security, or
   40  under s. 322.264, relating to habitual traffic offenders.
   41         4. Whether the driver is the registered owner or coowner of
   42  the vehicle.
   43         (9)(a) A motor vehicle that is driven by a person under the
   44  influence of alcohol or drugs in violation of s. 316.193 is
   45  subject to seizure and forfeiture under ss. 932.701-932.7062 and
   46  is subject to liens for recovering, towing, or storing vehicles
   47  under s. 713.78 if, at the time of the offense, the person’s
   48  driver license is suspended, revoked, or canceled, or suspension
   49  or revocation equivalent status was imposed, as a result of a
   50  prior conviction for driving under the influence.
   51         (10)(a) Notwithstanding any other provision of this
   52  section, if a person does not have a prior forcible felony
   53  conviction as defined in s. 776.08, the penalties provided in
   54  paragraph (b) apply if a person’s driver license or driving
   55  privilege is canceled, suspended, or revoked, or the person is
   56  under suspension or revocation equivalent status, for:
   57         1. Failing to pay child support as provided in s. 322.245
   58  or s. 61.13016;
   59         2. Failing to pay any other financial obligation as
   60  provided in s. 322.245 other than those specified in s.
   61  322.245(1);
   62         3. Failing to comply with a civil penalty required in s.
   63  318.15;
   64         4. Failing to maintain vehicular financial responsibility
   65  as required by chapter 324;
   66         5. Failing to comply with attendance or other requirements
   67  for minors as set forth in s. 322.091; or
   68         6. Having been designated a habitual traffic offender under
   69  s. 322.264(1)(d) as a result of suspensions of his or her driver
   70  license or driver privilege for any underlying violation listed
   71  in subparagraphs 1.-5.
   72         (b)1. Upon a first conviction for knowingly driving while
   73  his or her license is suspended, revoked, or canceled, or while
   74  under suspension or revocation equivalent status, for any of the
   75  underlying violations listed in subparagraphs (a)1.-6., a person
   76  commits a misdemeanor of the second degree, punishable as
   77  provided in s. 775.082 or s. 775.083.
   78         2. Upon a second or subsequent conviction for the same
   79  offense of knowingly driving while his or her license is
   80  suspended, revoked, or canceled, or while under suspension or
   81  revocation equivalent status, for any of the underlying
   82  violations listed in subparagraphs (a)1.-6., a person commits a
   83  misdemeanor of the first degree, punishable as provided in s.
   84  775.082 or s. 775.083.
   85         (11)(a) A person who does not hold a commercial driver
   86  license and who is cited for an offense of knowingly driving
   87  while his or her license is suspended, revoked, or canceled, or
   88  while under suspension or revocation equivalent status, for any
   89  of the underlying violations listed in paragraph (10)(a) may, in
   90  lieu of payment of fine or court appearance, elect to enter a
   91  plea of nolo contendere and provide proof of compliance to the
   92  clerk of the court, designated official, or authorized operator
   93  of a traffic violations bureau. In such case, adjudication shall
   94  be withheld. However, no election shall be made under this
   95  subsection if such person has made an election under this
   96  subsection during the preceding 12 months. A person may not make
   97  more than three elections under this subsection.
   98         Section 14. Section 322.75, Florida Statutes, is created to
   99  read:
  100         322.75Driver License Reinstatement Days.—
  101         (1)Each clerk of court shall establish a Driver License
  102  Reinstatement Days program for reinstating suspended driver
  103  licenses. Participants may include, but are not limited to, the
  104  Department of Highway Safety and Motor Vehicles, the state
  105  attorney’s office, the public defender’s office, the circuit and
  106  county courts, the clerk of court, and any interested community
  107  organization.
  108         (2)The clerk of court, in consultation with other
  109  participants, shall select 1 or more days annually for an event
  110  at which a person may have his or her driver license reinstated.
  111  The clerk may work with the Florida Association of Court Clerks
  112  and Comptrollers to promote such program, develop
  113  communications, and coordinate the event. A person must pay the
  114  full license reinstatement fee; however, the clerk may reduce or
  115  waive other fees and costs, except those imposed by the court,
  116  to facilitate reinstatement.
  117         (3)The clerk of court is encouraged to schedule at least
  118  one event on a weekend or with hours after 5 p.m. on a weekday.
  119         (4)(a)A person is eligible for reinstatement under the
  120  program if his or her license was suspended due to:
  121         1.Driving without a valid driver license;
  122         2.Driving with a suspended driver license;
  123         3.Failing to make a payment on penalties in collection;
  124         4.Failing to appear in court for a traffic violation; or
  125         5.Failing to comply with any provision of chapter 318 or
  126  this chapter.
  127         (b)Notwithstanding paragraphs (5)(a)-(c), a person is
  128  eligible for reinstatement under the program if the period of
  129  suspension or revocation has elapsed, the person has completed
  130  any required course or program as described in paragraph (5)(c),
  131  and the person is otherwise eligible for reinstatement.
  132         (5)A person is not eligible for reinstatement under the
  133  program if his or her driver license is suspended or revoked due
  134  to:
  135         (a)The person’s failure to fulfill a court-ordered child
  136  support obligation;
  137         (b)A violation of s. 316.193;
  138         (c)The person’s failure to complete a driver training
  139  program, driver improvement course, or alcohol or substance
  140  abuse education or evaluation program required under s. 316.192,
  141  s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
  142         (d)A traffic-related felony; or
  143         (e)The person being designated as a habitual traffic
  144  offender under s. 322.264.
  145         (6)The clerk of court and the Department of Highway Safety
  146  and Motor Vehicles shall verify any information necessary for
  147  reinstatement of a driver license under the program.
  148         (7)The clerk of court must collect and report to the
  149  Florida Clerks of Court Operations Corporation all of the
  150  following:
  151         (a)Number of cases paid in full.
  152         (b)Number of cases put on a payment plan.
  153         (c)Number of driver license reinstatements.
  154         (d)Number of driver licenses made eligible for
  155  reinstatement.
  156         (e)Amount of fees and costs collected, reported by the
  157  entity receiving the funds. The Florida Clerks of Court
  158  Operations Corporation must report the aggregate funds received
  159  by the clerks of court, the local governmental entities, and
  160  state entities, including the General Revenue Fund.
  161         (f)The personnel, operating, security, and other
  162  expenditures incurred by the clerk of court.
  163         (g)The number of cases that fail to comply with a payment
  164  plan and subsequently result in driver license suspension.
  165         (8)The Florida Clerks of Court Operations Corporation
  166  shall report the information collected in subsection (7) in its
  167  annual report required by s. 28.35.
  168         Section 15. Subsection (2) of section 394.917, Florida
  169  Statutes, is amended to read:
  170         394.917 Determination; commitment procedure; mistrials;
  171  housing; counsel and costs in indigent appellate cases.—
  172         (2) If the court or jury determines that the person is a
  173  sexually violent predator, upon the expiration of the
  174  incarcerative portion of all criminal sentences and disposition
  175  of any detainers, the person shall be committed to the custody
  176  of the Department of Children and Families for control, care,
  177  and treatment, and rehabilitation of criminal offenders, until
  178  such time as the person’s mental abnormality or personality
  179  disorder has so changed that it is safe for the person to be at
  180  large. At all times, persons who are detained or committed under
  181  this part shall be kept in a secure facility segregated from
  182  patients of the department who are not detained or committed
  183  under this part.
  184         Section 16. Subsection (2) of section 397.334, Florida
  185  Statutes, is amended to read:
  186         397.334 Treatment-based drug court programs.—
  187         (2) Entry into any pretrial treatment-based drug court
  188  program shall be voluntary. When neither s. 948.08(6)(c)1. nor
  189  2. s. 948.08(6)(a)1. nor 2. applies, the court may order an
  190  eligible individual to enter into a pretrial treatment-based
  191  drug court program only upon written agreement by the
  192  individual, which shall include a statement that the individual
  193  understands the requirements of the program and the potential
  194  sanctions for noncompliance.
  195         Section 17. Subsection (3) of section 397.403, Florida
  196  Statutes, is amended to read:
  197         397.403 License application.—
  198         (3) Applications for licensure renewal must include proof
  199  of application for accreditation for each licensed service
  200  component providing clinical treatment by an accrediting
  201  organization that is acceptable to the department for the first
  202  renewal, and proof of accreditation for any subsequent renewals.
  203  This subsection does not apply to any inmate substance abuse
  204  program operated by or under an exclusive contract with a jail
  205  or the Department of Corrections.
  206  
  207  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  208  And the directory clause is amended as follows:
  209         Delete line 444
  210  and insert:
  211         Section 13. Subsections (2), (4), (5), (7), paragraph (a)
  212  of
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215  And the title is amended as follows:
  216         Delete lines 7289 - 7312
  217  and insert:
  218         revoked, canceled, or disqualified; applying criminal
  219         penalties related to various provisions of driving on
  220         certain driver license statuses to persons driving
  221         with suspension or revocation equivalent status;
  222         creating s. 322.75, F.S.; requiring each clerk of
  223         court to establish a Driver License Reinstatement Days
  224         program for reinstating suspended driver licenses in
  225         certain circumstances; providing duties of the clerks
  226         of the circuit courts and the department; authorizing
  227         such clerks to compromise on or waive certain fees and
  228         costs; authorizing such clerks to schedule a Driver
  229         License Reinstatement Days event on certain days or
  230         times; providing eligibility requirements; requiring
  231         such clerks and the Department of Highway Safety and
  232         Motor Vehicles to verify information necessary to
  233         reinstate a driver license under the program;
  234         requiring the clerks of court to collect specified
  235         data and report such data to the Florida Clerks of
  236         Court Operations Corporation; requiring the Florida
  237         Clerks of Court Operations Corporation to report
  238         specified information in a certain annual report the
  239         annual report required by s. 28.35, F.S.; amending s.
  240         394.917, F.S.; requiring the Department of Children
  241         and Families to provide rehabilitation to criminal
  242         offenders designated as sexually violent predators;
  243         amending s. 397.334, F.S.; conforming provisions to
  244         changes made by the act; amending s. 397.403, F.S.;
  245         providing an exemption from certain accreditation
  246         requirements relating to licensure renewal for certain
  247         substance abuse programs; amending s. 455.213, F.S.;