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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to driving without a valid driver 2
license; amending s. 322.03, F.S.; revising penalties 3
for the offense of driving without a valid driver 4
license; requiring a specified minimum jail sentence 5
for a third or subsequent conviction of such offense; 6
amending ss. 322.15 and 322.291, F.S.; conforming 7
cross-references; providing an effective date. 8
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Be It Enacted by the Legislature of the State o f Florida: 10
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Section 1. Section 322.03, Florida Statutes, is amended to 12
read: 13
322.03 Drivers must be licensed; penalties. — 14
(1)(a) Except as otherwise authorized in this chapter, a 15
person may not drive any motor vehicle upon a highway in this 16
state unless such person has a valid driver license issued under 17
this chapter. 18
(b) Except as provided in s. 316.212, a person who 19
violates paragraph (a) commits: 20
1. Upon a first conviction, a misdemeanor of the second 21
degree, punishable as provided in s. 775. 082 or s. 775.083. 22
2. Upon a second conviction, a misdemeanor of the first 23
degree, punishable as provided in s. 775.082 or s. 775.083. 24
3. Upon a third or subsequent conviction, a misdemeanor of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the first degree, punishable as provided in s. 775.082 or s. 26
775.083, and the court must order the person to serve a minimum 27
mandatory period of 10 days in jail. 28
(2)(a) A person who drives a commercial motor vehicle may 29
not receive a driver license unless and until he or she 30
surrenders to the department all dri ver licenses in his or her 31
possession issued to him or her by any other jurisdiction or 32
makes an affidavit that he or she does not possess a driver 33
license. Any such person who fails to surrender such licenses 34
commits a noncriminal infraction, punishable a s a moving 35
violation as set forth in chapter 318. Any such person who makes 36
a false affidavit concerning such licenses commits a misdemeanor 37
of the first degree, punishable as provided in s. 775.082 or s. 38
775.083. 39
(b) All surrendered licenses may be retu rned by the 40
department to the issuing jurisdiction together with information 41
that the licensee is now licensed in a new jurisdiction or may 42
be destroyed by the department, which shall notify the issuing 43
jurisdiction of such destruction. A person may not ha ve more 44
than one valid driver license at any time. 45
(3)(2) Prior to issuing a driver license, the department 46
shall require any person who has been convicted two or more 47
times of a violation of s. 316.193 or of a substantially similar 48
alcohol-related or drug-related offense outside this state 49
within the preceding 5 years, or who has been convicted of three 50
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or more such offenses within the preceding 10 years, to present 51
proof of successful completion of or enrollment in a department -52
approved substance abuse education course. If the person fails 53
to complete such education course within 90 days after issuance, 54
the department shall cancel the license. Further, prior to 55
issuing the driver license the department shall require such 56
person to present proof of financ ial responsibility as provided 57
in s. 324.031. For the purposes of this paragraph, a previous 58
conviction for violation of former s. 316.028, former s. 59
316.1931, or former s. 860.01 shall be considered a previous 60
conviction for violation of s. 316.193. 61
(4)(3)(a) The department may not issue a commercial driver 62
license to any person who is not a resident of this state. 63
(b) A resident of this state who is required by the laws 64
of this state to possess a commercial driver license may not 65
operate a commercial motor vehicle in this state unless he or 66
she possesses a valid commercial driver license issued by this 67
state. Except as provided in paragraph (c), any person who 68
violates this paragraph commits is guilty of a misdemeanor of 69
the first degree, punishable as provided in s. 775.082 or s. 70
775.083. 71
(c) Any person whose commercial driver license has been 72
expired for a period of 30 days or less and who drives a 73
commercial motor vehicle within this state commits is guilty of 74
a nonmoving violation, punishable as p rovided in s. 318.18. 75
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(5)(4) A person may not operate a motorcycle unless he or 76
she holds a driver license that authorizes such operation, 77
subject to the appropriate restrictions and endorsements. A 78
person may operate an autocycle, as defined in s. 316.003, 79
without a motorcycle endorsement. 80
(6)(5) It is a violation of this section for any person 81
whose driver license has been expired for more than 6 months to 82
operate a motor vehicle on the highways o f this state. 83
(7)(6) A person who is charged with a violation of this 84
section, other than a violation of paragraph (2)(a) of 85
subsection (1), may not be convicted if, prior to or at the time 86
of his or her court or hearing appearance, the person produces 87
in court or to the clerk of the court in which the charge is 88
pending a driver license issued to him or her and valid at the 89
time of his or her arrest. The clerk of the court is authorized 90
to dismiss such case at any time prior to the defendant's 91
appearance in court. The clerk of the court may assess a fee of 92
$5 for dismissing the case under this subsection. 93
Section 2. Subsection (3) of section 322.15, Florida 94
Statutes, is amended to read: 95
322.15 License to be carried and exhibited on demand; 96
fingerprint to be imprinted upon a citation. — 97
(3) In relation to violations of subsection (1) or s. 98
322.03(6) s. 322.03(5), persons who cannot supply proof of a 99
valid driver license for the reason that the license was 100
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suspended for failure to comply with that cita tion shall be 101
issued a suspension clearance by the clerk of the court for that 102
citation upon payment of the applicable penalty and fee for that 103
citation. If proof of a valid driver license is not provided to 104
the clerk of the court within 30 days, the perso n's driver 105
license shall again be suspended for failure to comply. 106
Section 3. Section 322.291, Florida Statutes, is amended 107
to read: 108
322.291 Driver improvement schools or DUI programs; 109
required in certain suspension and revocation cases. —Except as 110
provided in s. 322.03(3) s. 322.03(2), any person: 111
(1) Whose driving privilege has been revoked: 112
(a) Upon conviction for: 113
1. Driving, or being in actual physical control of, any 114
vehicle while under the influence of alcoholic beverages, any 115
chemical substance set forth in s. 877.111, or any substance 116
controlled under chapter 893, in violation of s. 316.193; 117
2. Driving with an unlawful blood - or breath-alcohol 118
level; 119
3. Manslaughter resulting from the operation of a motor 120
vehicle; 121
4. Failure to stop and render aid as required under the 122
laws of this state in the event of a motor vehicle crash 123
resulting in the death or personal injury of another; 124
5. Reckless driving; or 125
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(b) As a habitual offender; 126
(c) Upon direction of the court, if the court fee ls that 127
the seriousness of the offense and the circumstances surrounding 128
the conviction warrant the revocation of the licensee's driving 129
privilege; or 130
(2) Whose license was suspended under the point system, 131
was suspended for driving with an unlawful bloo d-alcohol level 132
of 0.10 percent or higher before January 1, 1994, was suspended 133
for driving with an unlawful blood -alcohol level of 0.08 percent 134
or higher after December 31, 1993, was suspended for a violation 135
of s. 316.193(1), or was suspended for refusin g to submit to a 136
lawful breath, blood, or urine test as provided in s. 322.2615 137
138
shall, before the driving privilege may be reinstated, present 139
to the department proof of enrollment in a department -approved 140
advanced driver improvement course operating purs uant to s. 141
318.1451 or a substance abuse education course conducted by a 142
DUI program licensed pursuant to s. 322.292, which shall include 143
a psychosocial evaluation and treatment, if referred. 144
Additionally, for a third or subsequent violation of 145
requirements for installation of an ignition interlock device, a 146
person must complete treatment as determined by a licensed 147
treatment agency following a referral by a DUI program and have 148
the duration of the ignition interlock device requirement 149
extended by at least 1 month up to the time period required to 150
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complete treatment. If the person fails to complete such course 151
or evaluation within 90 days after reinstatement, or 152
subsequently fails to complete treatment, if referred, the DUI 153
program shall notify the departmen t of the failure. Upon receipt 154
of the notice, the department shall cancel the offender's 155
driving privilege, notwithstanding the expiration of the 156
suspension or revocation of the driving privilege. The 157
department may temporarily reinstate the driving privil ege upon 158
verification from the DUI program that the offender has 159
completed the education course and evaluation requirement and 160
has reentered and is currently participating in treatment. If 161
the DUI program notifies the department of the second failure to 162
complete treatment, the department shall reinstate the driving 163
privilege only after notice of completion of treatment from the 164
DUI program. 165
Section 4. This act shall take effect July 1, 2024. 166