| 15 | 15 | | An act relating to driving without a valid driver 2 |
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| 16 | 16 | | license; amending s. 322.03, F.S.; revising penalties 3 |
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| 17 | 17 | | for the offense of driving without a valid driver 4 |
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| 18 | 18 | | license; requiring a specified minimum jail sentence 5 |
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| 19 | 19 | | for a third or subsequent conviction of such offense; 6 |
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| 20 | 20 | | providing applicability; amending ss. 322.15 and 7 |
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| 21 | 21 | | 322.291, F.S.; conforming cross -references; providing 8 |
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| 22 | 22 | | an effective date. 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Be It Enacted by the L egislature of the State of Florida: 11 |
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| 25 | 25 | | 12 |
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| 26 | 26 | | Section 1. Section 322.03, Florida Statutes, is amended to 13 |
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| 27 | 27 | | read: 14 |
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| 28 | 28 | | 322.03 Drivers must be licensed; penalties. — 15 |
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| 29 | 29 | | (1)(a) Except as otherwise authorized in this chapter, a 16 |
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| 30 | 30 | | person may not drive any motor vehicle upon a highway in this 17 |
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| 31 | 31 | | state unless such person has a valid driver license issued under 18 |
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| 32 | 32 | | this chapter. 19 |
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| 33 | 33 | | (b) A person who violates paragraph (a) commits: 20 |
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| 34 | 34 | | 1. Upon a first conviction, a misdemeanor of the second 21 |
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| 35 | 35 | | degree, punishable as provided in s. 775.082 or s. 775.083. 22 |
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| 36 | 36 | | 2. Upon a second conviction, a misdemeanor of the first 23 |
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| 37 | 37 | | degree, punishable as provided in s. 775.082 or s. 775.083. 24 |
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| 38 | 38 | | 3. Upon a third or subsequent conviction, a misdemeanor of 25 |
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| 46 | 46 | | Page 2 of 7 |
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| 47 | 47 | | 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 |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | the first degree, punishable as provided in s. 775.082 or s. 26 |
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| 52 | 52 | | 775.083, and the court must order the person to serve a minimum 27 |
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| 53 | 53 | | mandatory period of 10 days in jail. 28 |
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| 54 | 54 | | 29 |
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| 55 | 55 | | The penalties provided in this paragraph do not apply to 30 |
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| 56 | 56 | | violations of s. 316.212. 31 |
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| 57 | 57 | | (2)(a) A person who drives a commercial motor vehicle may 32 |
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| 58 | 58 | | not receive a driver license unless and until he or she 33 |
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| 59 | 59 | | surrenders to the department all driver licenses in his or her 34 |
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| 60 | 60 | | possession issued to him or her by any other jurisdiction or 35 |
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| 61 | 61 | | makes an affidavit that he or she does not possess a driver 36 |
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| 62 | 62 | | license. Any such person who fail s to surrender such licenses 37 |
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| 63 | 63 | | commits a noncriminal infraction, punishable as a moving 38 |
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| 64 | 64 | | violation as set forth in chapter 318. Any such person who makes 39 |
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| 65 | 65 | | a false affidavit concerning such licenses commits a misdemeanor 40 |
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| 66 | 66 | | of the first degree, punishable as provi ded in s. 775.082 or s. 41 |
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| 67 | 67 | | 775.083. 42 |
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| 68 | 68 | | (b) All surrendered licenses may be returned by the 43 |
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| 69 | 69 | | department to the issuing jurisdiction together with information 44 |
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| 70 | 70 | | that the licensee is now licensed in a new jurisdiction or may 45 |
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| 71 | 71 | | be destroyed by the department, which sha ll notify the issuing 46 |
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| 72 | 72 | | jurisdiction of such destruction. A person may not have more 47 |
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| 73 | 73 | | than one valid driver license at any time. 48 |
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| 74 | 74 | | (3)(2) Prior to issuing a driver license, the department 49 |
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| 75 | 75 | | shall require any person who has been convicted two or more 50 |
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| 83 | 83 | | Page 3 of 7 |
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| 84 | 84 | | 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 |
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| 85 | 85 | | |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | times of a violation of s. 316.193 or of a substantially similar 51 |
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| 89 | 89 | | alcohol-related or drug-related offense outside this state 52 |
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| 90 | 90 | | within the preceding 5 years, or who has been convicted of three 53 |
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| 91 | 91 | | or more such offenses within the preceding 10 years, to present 54 |
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| 92 | 92 | | proof of successful completion of or enrollment in a department -55 |
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| 93 | 93 | | approved substance abuse education course. If the person fails 56 |
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| 94 | 94 | | to complete such education course within 90 days after issuance, 57 |
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| 95 | 95 | | the department shall cancel the license. Further, prior to 58 |
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| 96 | 96 | | issuing the driver license the department shall require such 59 |
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| 97 | 97 | | person to present proof of financial responsibility as provided 60 |
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| 98 | 98 | | in s. 324.031. For the purposes of this paragraph, a previous 61 |
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| 99 | 99 | | conviction for violation of former s. 316.028, former s. 62 |
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| 100 | 100 | | 316.1931, or former s. 860.01 s hall be considered a previous 63 |
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| 101 | 101 | | conviction for violation of s. 316.193. 64 |
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| 102 | 102 | | (4)(3)(a) The department may not issue a commercial driver 65 |
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| 103 | 103 | | license to any person who is not a resident of this state. 66 |
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| 104 | 104 | | (b) A resident of this state who is required by the laws 67 |
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| 105 | 105 | | of this state to possess a commercial driver license may not 68 |
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| 106 | 106 | | operate a commercial motor vehicle in this state unless he or 69 |
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| 107 | 107 | | she possesses a valid commercial driver license issued by this 70 |
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| 108 | 108 | | state. Except as provided in paragraph (c), any person who 71 |
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| 109 | 109 | | violates this paragraph commits is guilty of a misdemeanor of 72 |
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| 110 | 110 | | the first degree, punishable as provided in s. 775.082 or s. 73 |
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| 111 | 111 | | 775.083. 74 |
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| 112 | 112 | | (c) Any person whose commercial driver license has been 75 |
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| 120 | 120 | | Page 4 of 7 |
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| 121 | 121 | | 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 |
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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | expired for a period of 30 days or less and who drives a 76 |
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| 126 | 126 | | commercial motor veh icle within this state commits is guilty of 77 |
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| 127 | 127 | | a nonmoving violation, punishable as provided in s. 318.18. 78 |
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| 128 | 128 | | (5)(4) A person may not operate a motorcycle unless he or 79 |
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| 129 | 129 | | she holds a driver license that authorizes such operation, 80 |
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| 130 | 130 | | subject to the appropriate restri ctions and endorsements. A 81 |
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| 131 | 131 | | person may operate an autocycle, as defined in s. 316.003, 82 |
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| 132 | 132 | | without a motorcycle endorsement. 83 |
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| 133 | 133 | | (6)(5) It is a violation of this section for any person 84 |
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| 134 | 134 | | whose driver license has been expired for more than 6 months to 85 |
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| 135 | 135 | | operate a motor vehicle on the highways of this state. 86 |
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| 136 | 136 | | (7)(6) A person who is charged with a violation of this 87 |
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| 137 | 137 | | section, other than a violation of paragraph (2)(a) of 88 |
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| 138 | 138 | | subsection (1), may not be convicted if, prior to or at the time 89 |
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| 139 | 139 | | of his or her court or hearing appear ance, the person produces 90 |
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| 140 | 140 | | in court or to the clerk of the court in which the charge is 91 |
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| 141 | 141 | | pending a driver license issued to him or her and valid at the 92 |
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| 142 | 142 | | time of his or her arrest. The clerk of the court is authorized 93 |
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| 143 | 143 | | to dismiss such case at any time prior to the defendant's 94 |
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| 144 | 144 | | appearance in court. The clerk of the court may assess a fee of 95 |
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| 145 | 145 | | $5 for dismissing the case under this subsection. 96 |
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| 146 | 146 | | Section 2. Subsection (3) of section 322.15, Florida 97 |
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| 147 | 147 | | Statutes, is amended to read: 98 |
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| 148 | 148 | | 322.15 License to be carried and exhi bited on demand; 99 |
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| 149 | 149 | | fingerprint to be imprinted upon a citation. — 100 |
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| 157 | 157 | | Page 5 of 7 |
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| 158 | 158 | | 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 |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | (3) In relation to violations of subsection (1) or s. 101 |
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| 163 | 163 | | 322.03(6) s. 322.03(5), persons who cannot supply proof of a 102 |
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| 164 | 164 | | valid driver license for the reason that the license was 103 |
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| 165 | 165 | | suspended for failure to comply with that citation shall be 104 |
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| 166 | 166 | | issued a suspension clearance by the clerk of the court for that 105 |
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| 167 | 167 | | citation upon payment of the applicable penalty and fee for that 106 |
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| 168 | 168 | | citation. If proof of a valid driver license is not provided to 107 |
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| 169 | 169 | | the clerk of the cour t within 30 days, the person's driver 108 |
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| 170 | 170 | | license shall again be suspended for failure to comply. 109 |
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| 171 | 171 | | Section 3. Section 322.291, Florida Statutes, is amended 110 |
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| 172 | 172 | | to read: 111 |
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| 173 | 173 | | 322.291 Driver improvement schools or DUI programs; 112 |
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| 174 | 174 | | required in certain suspension and rev ocation cases.—Except as 113 |
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| 175 | 175 | | provided in s. 322.03(3) s. 322.03(2), any person: 114 |
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| 176 | 176 | | (1) Whose driving privilege has been revoked: 115 |
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| 177 | 177 | | (a) Upon conviction for: 116 |
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| 178 | 178 | | 1. Driving, or being in actual physical control of, any 117 |
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| 179 | 179 | | vehicle while under the influence of alcoholic beverages, any 118 |
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| 180 | 180 | | chemical substance set forth in s. 877.111, or any substance 119 |
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| 181 | 181 | | controlled under chapter 893, in violation of s. 316.193; 120 |
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| 182 | 182 | | 2. Driving with an unlawful blood - or breath-alcohol 121 |
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| 183 | 183 | | level; 122 |
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| 184 | 184 | | 3. Manslaughter resulting from the operation of a motor 123 |
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| 185 | 185 | | vehicle; 124 |
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| 186 | 186 | | 4. Failure to stop and render aid as required under the 125 |
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| 194 | 194 | | Page 6 of 7 |
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| 195 | 195 | | 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 |
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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | |
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| 199 | 199 | | laws of this state in the event of a motor vehicle crash 126 |
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| 200 | 200 | | resulting in the death or personal injury of another; 127 |
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| 201 | 201 | | 5. Reckless driving; or 128 |
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| 202 | 202 | | (b) As a habitual offender; 129 |
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| 203 | 203 | | (c) Upon direction of the court, if the court feels that 130 |
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| 204 | 204 | | the seriousness of the offense and the circumstances surrounding 131 |
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| 205 | 205 | | the conviction warrant the revocation of the licensee's driving 132 |
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| 206 | 206 | | privilege; or 133 |
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| 207 | 207 | | (2) Whose license was suspended under the point system, 134 |
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| 208 | 208 | | was suspended for dr iving with an unlawful blood -alcohol level 135 |
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| 209 | 209 | | of 0.10 percent or higher before January 1, 1994, was suspended 136 |
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| 210 | 210 | | for driving with an unlawful blood -alcohol level of 0.08 percent 137 |
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| 211 | 211 | | or higher after December 31, 1993, was suspended for a violation 138 |
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| 212 | 212 | | of s. 316.193(1), or was suspended for refusing to submit to a 139 |
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| 213 | 213 | | lawful breath, blood, or urine test as provided in s. 322.2615 140 |
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| 214 | 214 | | 141 |
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| 215 | 215 | | shall, before the driving privilege may be reinstated, present 142 |
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| 216 | 216 | | to the department proof of enrollment in a department -approved 143 |
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| 217 | 217 | | advanced driver improv ement course operating pursuant to s. 144 |
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| 218 | 218 | | 318.1451 or a substance abuse education course conducted by a 145 |
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| 219 | 219 | | DUI program licensed pursuant to s. 322.292, which shall include 146 |
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| 220 | 220 | | a psychosocial evaluation and treatment, if referred. 147 |
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| 221 | 221 | | Additionally, for a third or subseque nt violation of 148 |
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| 222 | 222 | | requirements for installation of an ignition interlock device, a 149 |
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| 223 | 223 | | person must complete treatment as determined by a licensed 150 |
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| 231 | 231 | | Page 7 of 7 |
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| 232 | 232 | | 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 |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | treatment agency following a referral by a DUI program and have 151 |
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| 237 | 237 | | the duration of the ignition interlock device requir ement 152 |
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| 238 | 238 | | extended by at least 1 month up to the time period required to 153 |
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| 239 | 239 | | complete treatment. If the person fails to complete such course 154 |
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| 240 | 240 | | or evaluation within 90 days after reinstatement, or 155 |
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| 241 | 241 | | subsequently fails to complete treatment, if referred, the DUI 156 |
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| 242 | 242 | | program shall notify the department of the failure. Upon receipt 157 |
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| 243 | 243 | | of the notice, the department shall cancel the offender's 158 |
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| 244 | 244 | | driving privilege, notwithstanding the expiration of the 159 |
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| 245 | 245 | | suspension or revocation of the driving privilege. The 160 |
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| 246 | 246 | | department may temporarily r einstate the driving privilege upon 161 |
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| 247 | 247 | | verification from the DUI program that the offender has 162 |
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| 248 | 248 | | completed the education course and evaluation requirement and 163 |
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| 249 | 249 | | has reentered and is currently participating in treatment. If 164 |
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| 250 | 250 | | the DUI program notifies the department of the second failure to 165 |
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| 251 | 251 | | complete treatment, the department shall reinstate the driving 166 |
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| 252 | 252 | | privilege only after notice of completion of treatment from the 167 |
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| 253 | 253 | | DUI program. 168 |
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| 254 | 254 | | Section 4. This act shall take effect July 1, 2024. 169 |
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