Florida Senate - 2022 SB 870 By Senator Jones 35-00633-22 2022870__ 1 A bill to be entitled 2 An act relating to driver license suspensions; 3 amending s. 318.15, F.S.; deleting provisions 4 requiring driver license suspensions for specified 5 reasons; deleting a requirement for the Department of 6 Highway Safety and Motor Vehicles to maintain records 7 of such suspensions for a specified timeframe; 8 revising requirements and procedures for reinstating 9 driver licenses of certain persons; amending s. 10 322.245, F.S.; deleting a requirement for a clerk of 11 court to send a specified notice to certain persons; 12 deleting the authority for a clerk of court to collect 13 certain delinquency fees; revising requirements and 14 procedures for the reinstatement of driver licenses 15 suspended for specified reasons; deleting requirements 16 and procedures for the department relating to certain 17 driver license suspensions; amending ss. 316.192, 18 318.14, 320.03, 320.571, 322.29, 322.34, and 322.391, 19 F.S.; conforming provisions to changes made by the 20 act; providing a directive to the Division of Law 21 Revision; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Section 318.15, Florida Statutes, is amended to 26 read: 27 318.15Failure to attend driver improvement school; request 28 for hearing comply with civil penalty or to appear; penalty. 29 (1)(a)If a person fails to comply with the civil penalties 30 provided in s. 318.18 within the time period specified in s. 31 318.14(4), fails to enter into or comply with the terms of a 32 penalty payment plan with the clerk of the court in accordance 33 with ss. 318.14 and 28.246, fails to attend driver improvement 34 school, or fails to appear at a scheduled hearing, the clerk of 35 the court must notify the Department of Highway Safety and Motor 36 Vehicles of such failure within 10 days after such failure. Upon 37 receipt of such notice, the department must immediately issue an 38 order suspending the driver license and privilege to drive of 39 such person effective 20 days after the date the order of 40 suspension is mailed in accordance with s. 322.251(1), (2), and 41 (6). The order also must inform the person that he or she may 42 contact the clerk of the court to establish a payment plan 43 pursuant to s. 28.246(4) to make partial payments for court 44 related fines, fees, service charges, and court costs. Any such 45 suspension of the driving privilege which has not been 46 reinstated, including a similar suspension imposed outside of 47 this state, must remain on the records of the department for a 48 period of 7 years from the date imposed and must be removed from 49 the records after the expiration of 7 years from the date it is 50 imposed. The department may not accept the resubmission of such 51 suspension. 52 (b)However, A person who elects to attend driver 53 improvement school and has paid the civil penalty as provided in 54 s. 318.14(9) but who subsequently fails to attend the driver 55 improvement school within the time specified by the court is 56 deemed to have admitted the infraction and shall be adjudicated 57 guilty. If the person received an 18-percent reduction pursuant 58 to s. 318.14(9), the person must pay the clerk of the court that 59 amount and a processing fee of up to $18, from which the clerk 60 shall remit $3 to the Department of Revenue for deposit into the 61 General Revenue Fund, after which additional penalties, court 62 costs, or surcharges may not be imposed for the violation. In 63 all other such cases, the person must pay the clerk a processing 64 fee of up to $18, from which the clerk shall remit $3 to the 65 Department of Revenue for deposit into the General Revenue Fund, 66 after which additional penalties, court costs, or surcharges may 67 not be imposed for the violation. The clerk of the court shall 68 notify the department of the persons failure to attend driver 69 improvement school and points shall be assessed pursuant to s. 70 322.27. 71 (b)(c)A person who is charged with a traffic infraction 72 may request a hearing within 180 days after the date upon which 73 the violation occurred, regardless of any action taken by the 74 court or the department to suspend the persons driving 75 privilege, and, upon request, the clerk must set the case for 76 hearing. The person shall be given a form for requesting that 77 his or her driving privilege be reinstated. If the 180th day 78 after the date upon which the violation occurred is a Saturday, 79 Sunday, or legal holiday, the person who is charged must request 80 a hearing within 177 days after the date upon which the 81 violation occurred; however, the court may grant a request for a 82 hearing made more than 180 days after the date upon which the 83 violation occurred. This paragraph does not affect the 84 assessment of late fees as otherwise provided in this chapter. 85 (2)After the suspension of a persons driver license and 86 privilege to drive under subsection (1), the license and 87 privilege may not be reinstated until the person complies with 88 the terms of a periodic payment plan or a revised payment plan 89 with the clerk of the court pursuant to ss. 318.14 and 28.246 or 90 with all obligations and penalties imposed under s. 318.18 and 91 presents to a driver license office a certificate of compliance 92 issued by the court, together with a nonrefundable service 93 charge of $60 imposed under s. 322.29, or presents a certificate 94 of compliance and pays the service charge to the clerk of the 95 court or a driver licensing agent authorized under s. 322.135 96 clearing such suspension. Of the charge collected, $22.50 shall 97 be remitted to the Department of Revenue to be deposited into 98 the Highway Safety Operating Trust Fund. Such person must also 99 be in compliance with requirements of chapter 322 before 100 reinstatement. 101 (2)(3)A person whose driver license was suspended before 102 the effective date of this act solely for nonpayment pursuant to 103 former s. 318.15 and whose license is reinstated pursuant to 104 subsection (3) or s. 322.245(4) may obtain a reinstated driver 105 license upon payment of a single reinstatement fee The clerk 106 shall notify the department of persons who were mailed a notice 107 of violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to 108 s. 316.0083 and who failed to enter into, or comply with the 109 terms of, a penalty payment plan, or order with the clerk to the 110 local hearing officer or failed to appear at a scheduled hearing 111 within 10 days after such failure, and shall reference the 112 persons driver license number, or in the case of a business 113 entity, vehicle registration number. 114 (a)Upon receipt of such notice, the department, or 115 authorized agent thereof, may not issue a license plate or 116 revalidation sticker for any motor vehicle owned or co-owned by 117 that person pursuant to s. 320.03(8) until the amounts assessed 118 have been fully paid. 119 (b)After the issuance of the persons license plate or 120 revalidation sticker is withheld pursuant to paragraph (a), the 121 person may challenge the withholding of the license plate or 122 revalidation sticker only on the basis that the outstanding 123 fines and civil penalties have been paid pursuant to s. 124 320.03(8). 125 (3)The department shall automatically reinstate any driver 126 license that was suspended as of the effective date of this act 127 pursuant to former s. 318.15 or former s. 322.245 if the only 128 reason for the suspension was the failure to pay a financial 129 obligation for a traffic infraction or for a criminal case. 130 Section 2.Section 322.245, Florida Statutes, is amended to 131 read: 132 322.245Suspension of license upon failure of person 133 charged with specified offense under chapter 316, chapter 320, 134 or this chapter to comply with directives ordered by traffic 135 court or upon failure to pay child support in non-IV-D cases as 136 provided in chapter 61 or failure to pay any financial 137 obligation in any other criminal case. 138 (1)If a person charged with a violation of any of the 139 criminal offenses enumerated in s. 318.17 or with the commission 140 of any offense constituting a misdemeanor under chapter 320 or 141 this chapter fails to comply with all of the directives of the 142 court within the time allotted by the court, the clerk of the 143 court must provide the person, either electronically or by mail 144 sent to the address specified on the uniform traffic citation, a 145 notice of such failure, notifying him or her that, if he or she 146 does not comply with the directives of the court within 30 days 147 after the date of the notice and pay a delinquency fee of up to 148 $25 to the clerk, from which the clerk shall remit $10 to the 149 Department of Revenue for deposit into the General Revenue Fund, 150 his or her driver license will be suspended. The notice must be 151 sent no later than 5 days after such failure. The delinquency 152 fee may be retained by the office of the clerk to defray the 153 operating costs of the office. 154 (2)In non-IV-D cases, if a person fails to pay child 155 support under chapter 61 and the obligee so requests, the 156 depository or the clerk of the court shall mail in accordance 157 with s. 61.13016 the notice specified in that section, notifying 158 him or her that if he or she does not comply with the 159 requirements of that section and pay a delinquency fee of $25 to 160 the depository or the clerk, his or her driver license and motor 161 vehicle registration will be suspended. The delinquency fee may 162 be retained by the depository or the office of the clerk to 163 defray the operating costs of the office after the clerk remits 164 $15 to the Department of Revenue for deposit into the General 165 Revenue Fund. 166 (2)(3)If the person fails to comply with the directives of 167 the court within the 30-day period, or, in non-IV-D cases, fails 168 to comply with the requirements of s. 61.13016 within the period 169 specified in that statute, the depository or the clerk of the 170 court must electronically notify the department of such failure 171 within 10 days. Upon electronic receipt of the notice, the 172 department shall immediately issue an order suspending the 173 persons driver license and privilege to drive effective 20 days 174 after the date the order of suspension is mailed in accordance 175 with s. 322.251(1), (2), and (6). The order of suspension must 176 also contain information specifying that the person may contact 177 the clerk of the court to establish a payment plan pursuant to 178 s. 28.246(4) to make partial payments for fines, fees, service 179 charges, and court costs. 180 (3)(4)After suspension of the driver license of a person 181 pursuant to subsection (1) or, subsection (2), or subsection 182 (3), the license may not be reinstated until the person complies 183 with all court directives imposed upon him or her, including 184 payment of the delinquency fee imposed by subsection (1), and 185 presents certification of such compliance to a driver licensing 186 office and complies with the requirements of this chapter or, in 187 the case of a license suspended for nonpayment of child support 188 in non-IV-D cases, until the person complies with the 189 reinstatement provisions of s. 322.058 and makes payment of the 190 delinquency fee imposed by subsection (2). 191 (4)The department shall automatically reinstate any driver 192 license that was suspended as of the effective date of this act 193 pursuant to former s. 318.15 or former s. 322.245 if the only 194 reason for the suspension was the failure to pay a financial 195 obligation for a traffic infraction or for a criminal case and 196 the person whose driver license was suspended pays the 197 reinstatement fee provided in s. 318.15(2). 198 (5)(a)When the department receives notice from a clerk of 199 the court that a person licensed to operate a motor vehicle in 200 this state under the provisions of this chapter has failed to 201 pay financial obligations for any criminal offense other than 202 those specified in subsection (1), in full or in part under a 203 payment plan pursuant to s. 28.246(4), the department must 204 suspend the license of the person named in the notice. The 205 department shall mail an order of suspension in accordance with 206 s. 322.251(1), (2), and (6), which must also contain information 207 specifying that the person may contact the clerk of the court to 208 establish a payment plan pursuant to s. 28.246(4) to make 209 partial payments for fines, fees, service charges, and court 210 costs. 211 (b)The department must reinstate the driving privilege 212 when the clerk of the court provides an affidavit to the 213 department stating that: 214 1.The person has satisfied the financial obligation in 215 full or made all payments currently due under a payment plan; 216 2.The person has entered into a written agreement for 217 payment of the financial obligation if not presently enrolled in 218 a payment plan; or 219 3.A court has entered an order granting relief to the 220 person ordering the reinstatement of the license. 221 (5)(c)The department shall not be held liable for any 222 license suspension resulting from the discharge of its duties 223 under this section. 224 Section 3.Subsection (5) of section 316.192, Florida 225 Statutes, is amended to read: 226 316.192Reckless driving. 227 (5)In addition to any other penalty provided under this 228 section, if the court has reasonable cause to believe that the 229 use of alcohol, chemical substances set forth in s. 877.111, or 230 substances controlled under chapter 893 contributed to a 231 violation of this section, the court shall direct the person so 232 convicted to complete a DUI program substance abuse education 233 course and evaluation as provided in s. 316.193(5) within a 234 reasonable period of time specified by the court. If the DUI 235 program conducting such course and evaluation refers the person 236 to an authorized substance abuse treatment provider for 237 substance abuse evaluation and treatment, the directive of the 238 court requiring completion of such course, evaluation, and 239 treatment shall be enforced as provided in former s. 322.245, 240 Florida Statutes 2021. The referral to treatment resulting from 241 the DUI program evaluation may not be waived without a 242 supporting independent psychosocial evaluation conducted by an 243 authorized substance abuse treatment provider, appointed by the 244 court, which shall have access to the DUI program psychosocial 245 evaluation before the independent psychosocial evaluation is 246 conducted. The court shall review the results and 247 recommendations of both evaluations before determining the 248 request for waiver. The offender shall bear the full cost of 249 this procedure. If a person directed to a DUI program substance 250 abuse education course and evaluation or referred to treatment 251 under this subsection fails to report for or complete such 252 course, evaluation, or treatment, the DUI program shall notify 253 the court and the department of the failure. Upon receipt of 254 such notice, the department shall cancel the persons driving 255 privilege, notwithstanding the terms of the court order or any 256 suspension or revocation of the driving privilege. The 257 department may reinstate the driving privilege upon verification 258 from the DUI program that the education, evaluation, and 259 treatment are completed. The department may temporarily 260 reinstate the driving privilege on a restricted basis upon 261 verification that the offender is currently participating in 262 treatment and has completed the DUI education course and 263 evaluation requirement. If the DUI program notifies the 264 department of the second failure to complete treatment, the 265 department shall reinstate the driving privilege only after 266 notice of successful completion of treatment from the DUI 267 program. 268 Section 4.Paragraph (a) of subsection (10) of section 269 318.14, Florida Statutes, is amended to read: 270 318.14Noncriminal traffic infractions; exception; 271 procedures. 272 (10)(a)Any person who does not hold a commercial driver 273 license or commercial learners permit and who is cited while 274 driving a noncommercial motor vehicle for an offense listed 275 under this subsection may, in lieu of payment of fine or court 276 appearance, elect to enter a plea of nolo contendere and provide 277 proof of compliance to the clerk of the court, designated 278 official, or authorized operator of a traffic violations bureau. 279 In such case, adjudication shall be withheld; however, a person 280 may not make an election under this subsection if the person has 281 made an election under this subsection in the preceding 12 282 months. A person may not make more than three elections under 283 this subsection. This subsection applies to the following 284 offenses: 285 1.Operating a motor vehicle without a valid driver license 286 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or 287 operating a motor vehicle with a license that has been suspended 288 for failure to appear, failure to pay civil penalty, or failure 289 to attend a driver improvement course pursuant to s. 322.291. 290 2.Operating a motor vehicle without a valid registration 291 in violation of s. 320.0605, s. 320.07, or s. 320.131. 292 3.Operating a motor vehicle in violation of s. 316.646. 293 4.Operating a motor vehicle with a license that has been 294 suspended under s. 61.13016 or s. 322.245 for failure to pay 295 child support or for failure to pay any other financial 296 obligation as provided in s. 322.245; however, this subparagraph 297 does not apply if the license has been suspended pursuant to s. 298 322.245(1). 299 5.Operating a motor vehicle with a license that has been 300 suspended under s. 322.091 for failure to meet school attendance 301 requirements. 302 Section 5.Subsection (8) of section 320.03, Florida 303 Statutes, is amended to read: 304 320.03Registration; duties of tax collectors; 305 International Registration Plan. 306 (8)If the applicants name appears on the list referred to 307 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 308 713.78(13), a license plate or revalidation sticker may not be 309 issued until that persons name no longer appears on the list or 310 until the person presents a receipt from the governmental entity 311 or the clerk of court that provided the data showing that the 312 fines outstanding have been paid. This subsection does not apply 313 to the owner of a leased vehicle if the vehicle is registered in 314 the name of the lessee of the vehicle. The tax collector and the 315 clerk of the court are each entitled to receive monthly, as 316 costs for implementing and administering this subsection, 10 317 percent of the civil penalties and fines recovered from such 318 persons. As used in this subsection, the term civil penalties 319 and fines does not include a wrecker operators lien as 320 described in s. 713.78(13). If the tax collector has private tag 321 agents, such tag agents are entitled to receive a pro rata share 322 of the amount paid to the tax collector, based upon the 323 percentage of license plates and revalidation stickers issued by 324 the tag agent compared to the total issued within the county. 325 The authority of any private agent to issue license plates shall 326 be revoked, after notice and a hearing as provided in chapter 327 120, if he or she issues any license plate or revalidation 328 sticker contrary to the provisions of this subsection. This 329 section applies only to the annual renewal in the owners birth 330 month of a motor vehicle registration and does not apply to the 331 transfer of a registration of a motor vehicle sold by a motor 332 vehicle dealer licensed under this chapter, except for the 333 transfer of registrations which includes the annual renewals. 334 This section does not affect the issuance of the title to a 335 motor vehicle, notwithstanding s. 319.23(8)(b). 336 Section 6.Section 320.571, Florida Statutes, is amended to 337 read: 338 320.571Failure of person charged with misdemeanor under 339 this chapter to comply with court-ordered directives; suspension 340 of license.Any person who has been charged with the commission 341 of an offense which constitutes a misdemeanor under this chapter 342 and who fails to comply with all of the directives of the court 343 is subject to the provisions of former s. 322.245, Florida 344 Statutes 2021. 345 Section 7.Subsection (2) of section 322.29, Florida 346 Statutes, is amended to read: 347 322.29Surrender and return of license. 348 (2)Notwithstanding subsection (1), an examination is not 349 required for the return of a license suspended under s. 318.15 350 or s. 322.245 unless an examination is otherwise required by 351 this chapter. A person applying for the return of a license 352 suspended under s. 318.15 or s. 322.245 must present to the 353 department certification from the court that he or she has 354 complied with all obligations and penalties imposed pursuant to 355 s. 318.15 or, in the case of a suspension pursuant to s. 356 322.245, that he or she has complied with all directives of the 357 court and the requirements of s. 322.245 and shall pay to the 358 department a nonrefundable service fee of $60, of which $37.50 359 shall be deposited into the General Revenue Fund and $22.50 360 shall be deposited into the Highway Safety Operating Trust Fund. 361 If reinstated by the clerk of the court or tax collector, $37.50 362 shall be retained and $22.50 shall be remitted to the Department 363 of Revenue for deposit into the Highway Safety Operating Trust 364 Fund. However, the service fee is not required if the person is 365 required to pay a $45 fee or $75 fee under s. 322.21(8). 366 Section 8.Subsection (10) of section 322.34, Florida 367 Statutes, is amended to read: 368 322.34Driving while license suspended, revoked, canceled, 369 or disqualified. 370 (10)(a)Notwithstanding any other provision of this 371 section, if a person does not have a prior forcible felony 372 conviction as defined in s. 776.08, the penalties provided in 373 paragraph (b) apply if a persons driver license or driving 374 privilege is canceled, suspended, or revoked, or the person is 375 under suspension or revocation equivalent status, for: 376 1.Failing to pay child support as provided in s. 322.245 377 or s. 61.13016; 378 2.Failing to pay any other financial obligation as 379 provided in s. 322.245 other than those specified in s. 380 322.245(1); 381 3.Failing to comply with a civil penalty required in s. 382 318.15; 383 4.Failing to maintain vehicular financial responsibility 384 as required by chapter 324; 385 3.5.Failing to comply with attendance or other 386 requirements for minors as set forth in s. 322.091; or 387 4.6.Having been designated a habitual traffic offender 388 under s. 322.264(1)(d) as a result of suspensions of his or her 389 driver license or driver privilege for any underlying violation 390 listed in subparagraphs 1.-3. 1.-5. 391 (b)1.Upon a first conviction for knowingly driving while 392 his or her license is suspended, revoked, or canceled, or while 393 under suspension or revocation equivalent status, for any of the 394 underlying violations listed in subparagraphs (a)1.-4. (a)1.-6., 395 a person commits a misdemeanor of the second degree, punishable 396 as provided in s. 775.082 or s. 775.083. 397 2.Upon a second or subsequent conviction for the same 398 offense of knowingly driving while his or her license is 399 suspended, revoked, or canceled, or while under suspension or 400 revocation equivalent status, for any of the underlying 401 violations listed in subparagraphs (a)1.-4. (a)1.-6., a person 402 commits a misdemeanor of the first degree, punishable as 403 provided in s. 775.082 or s. 775.083. 404 Section 9.Section 322.391, Florida Statutes, is amended to 405 read: 406 322.391Failure of person charged with misdemeanor under 407 this chapter to comply with court-ordered directives; suspension 408 of license.A person charged with the commission of a 409 misdemeanor under this chapter who fails to comply with all of 410 the directives of the court is subject to the provisions of 411 former s. 322.245, Florida Statutes 2021. 412 Section 10.The Division of Law Revision is directed to 413 replace the phrase the effective date of this act wherever it 414 occurs in this act with the date this act becomes a law. 415 Section 11.This act shall take effect upon becoming a law.