Florida Senate - 2024 SB 1324 By Senator Ingoglia 11-01227B-24 20241324__ 1 A bill to be entitled 2 An act relating to driving without a valid driver 3 license; amending s. 322.03, F.S.; providing criminal 4 penalties for the offense of driving without a valid 5 driver license; requiring the court to sentence an 6 offender to a specified minimum jail sentence upon a 7 third or subsequent conviction for the offense; 8 providing applicability; making technical changes; 9 amending ss. 322.15 and 322.291, F.S.; conforming 10 cross-references; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Section 322.03, Florida Statutes, is amended to 15 read: 16 322.03Drivers must be licensed; penalties. 17 (1)(a)Except as otherwise authorized in this chapter, a 18 person may not drive any motor vehicle upon a highway in this 19 state unless such person has a valid driver license issued under 20 this chapter. 21 (b)A person who violates paragraph (a) commits: 22 1.For the first offense, a misdemeanor of the second 23 degree, punishable as provided in s. 775.082 or s. 775.083. 24 2.For the second offense, a misdemeanor of the first 25 degree, punishable as provided in s. 775.082 or s. 775.083. 26 3.For a third or subsequent offense, a misdemeanor of the 27 first degree, punishable as provided in s. 775.082 or s. 28 775.083, and the court shall order the person to serve a minimum 29 period of 10 days in jail. 30 31 The penalties provided in paragraph (b) do not apply to 32 violations of s. 316.212. 33 (2)(a)A person who drives a commercial motor vehicle may 34 not receive a driver license unless and until he or she 35 surrenders to the department all driver licenses in his or her 36 possession issued to him or her by any other jurisdiction or 37 makes an affidavit that he or she does not possess a driver 38 license. Any such person who fails to surrender such licenses 39 commits a noncriminal infraction, punishable as a moving 40 violation as set forth in chapter 318. Any such person who makes 41 a false affidavit concerning such licenses commits a misdemeanor 42 of the first degree, punishable as provided in s. 775.082 or s. 43 775.083. 44 (b)All surrendered licenses may be returned by the 45 department to the issuing jurisdiction together with information 46 that the licensee is now licensed in a new jurisdiction or may 47 be destroyed by the department, which shall notify the issuing 48 jurisdiction of such destruction. A person may not have more 49 than one valid driver license at any time. 50 (3)(2)Prior to issuing a driver license, the department 51 shall require any person who has been convicted two or more 52 times of a violation of s. 316.193 or of a substantially similar 53 alcohol-related or drug-related offense outside this state 54 within the preceding 5 years, or who has been convicted of three 55 or more such offenses within the preceding 10 years, to present 56 proof of successful completion of or enrollment in a department 57 approved substance abuse education course. If the person fails 58 to complete such education course within 90 days after issuance, 59 the department shall cancel the license. Further, prior to 60 issuing the driver license the department shall require such 61 person to present proof of financial responsibility as provided 62 in s. 324.031. For the purposes of this paragraph, a previous 63 conviction for violation of former s. 316.028, former s. 64 316.1931, or former s. 860.01 shall be considered a previous 65 conviction for violation of s. 316.193. 66 (4)(a)(3)(a)The department may not issue a commercial 67 driver license to any person who is not a resident of this 68 state. 69 (b)A resident of this state who is required by the laws of 70 this state to possess a commercial driver license may not 71 operate a commercial motor vehicle in this state unless he or 72 she possesses a valid commercial driver license issued by this 73 state. Except as provided in paragraph (c), any person who 74 violates this paragraph commits is guilty of a misdemeanor of 75 the first degree, punishable as provided in s. 775.082 or s. 76 775.083. 77 (c)Any person whose commercial driver license has been 78 expired for a period of 30 days or less and who drives a 79 commercial motor vehicle within this state commits is guilty of 80 a nonmoving violation, punishable as provided in s. 318.18. 81 (5)(4)A person may not operate a motorcycle unless he or 82 she holds a driver license that authorizes such operation, 83 subject to the appropriate restrictions and endorsements. A 84 person may operate an autocycle, as defined in s. 316.003, 85 without a motorcycle endorsement. 86 (6)(5)It is a violation of this section for any person 87 whose driver license has been expired for more than 6 months to 88 operate a motor vehicle on the highways of this state. 89 (7)(6)A person who is charged with a violation of this 90 section, other than a violation of paragraph (a) of subsection 91 (2)(1), may not be convicted if, prior to or at the time of his 92 or her court or hearing appearance, the person produces in court 93 or to the clerk of the court in which the charge is pending a 94 driver license issued to him or her and valid at the time of his 95 or her arrest. The clerk of the court is authorized to dismiss 96 such case at any time prior to the defendants appearance in 97 court. The clerk of the court may assess a fee of $5 for 98 dismissing the case under this subsection. 99 Section 2.Subsection (3) of section 322.15, Florida 100 Statutes, is amended to read: 101 322.15License to be carried and exhibited on demand; 102 fingerprint to be imprinted upon a citation. 103 (3)In relation to violations of subsection (1) or s. 104 322.03(6) s. 322.03(5), persons who cannot supply proof of a 105 valid driver license for the reason that the license was 106 suspended for failure to comply with that citation shall be 107 issued a suspension clearance by the clerk of the court for that 108 citation upon payment of the applicable penalty and fee for that 109 citation. If proof of a valid driver license is not provided to 110 the clerk of the court within 30 days, the persons driver 111 license shall again be suspended for failure to comply. 112 Section 3.Section 322.291, Florida Statutes, is amended to 113 read: 114 322.291Driver improvement schools or DUI programs; 115 required in certain suspension and revocation cases.Except as 116 provided in s. 322.03(3) s. 322.03(2), any person: 117 (1)Whose driving privilege has been revoked: 118 (a)Upon conviction for: 119 1.Driving, or being in actual physical control of, any 120 vehicle while under the influence of alcoholic beverages, any 121 chemical substance set forth in s. 877.111, or any substance 122 controlled under chapter 893, in violation of s. 316.193; 123 2.Driving with an unlawful blood- or breath-alcohol level; 124 3.Manslaughter resulting from the operation of a motor 125 vehicle; 126 4.Failure to stop and render aid as required under the 127 laws of this state in the event of a motor vehicle crash 128 resulting in the death or personal injury of another; 129 5.Reckless driving; or 130 (b)As a habitual offender; 131 (c)Upon direction of the court, if the court feels that 132 the seriousness of the offense and the circumstances surrounding 133 the conviction warrant the revocation of the licensees driving 134 privilege; or 135 (2)Whose license was suspended under the point system, was 136 suspended for driving with an unlawful blood-alcohol level of 137 0.10 percent or higher before January 1, 1994, was suspended for 138 driving with an unlawful blood-alcohol level of 0.08 percent or 139 higher after December 31, 1993, was suspended for a violation of 140 s. 316.193(1), or was suspended for refusing to submit to a 141 lawful breath, blood, or urine test as provided in s. 322.2615 142 143 shall, before the driving privilege may be reinstated, present 144 to the department proof of enrollment in a department-approved 145 advanced driver improvement course operating pursuant to s. 146 318.1451 or a substance abuse education course conducted by a 147 DUI program licensed pursuant to s. 322.292, which shall include 148 a psychosocial evaluation and treatment, if referred. 149 Additionally, for a third or subsequent violation of 150 requirements for installation of an ignition interlock device, a 151 person must complete treatment as determined by a licensed 152 treatment agency following a referral by a DUI program and have 153 the duration of the ignition interlock device requirement 154 extended by at least 1 month up to the time period required to 155 complete treatment. If the person fails to complete such course 156 or evaluation within 90 days after reinstatement, or 157 subsequently fails to complete treatment, if referred, the DUI 158 program shall notify the department of the failure. Upon receipt 159 of the notice, the department shall cancel the offenders 160 driving privilege, notwithstanding the expiration of the 161 suspension or revocation of the driving privilege. The 162 department may temporarily reinstate the driving privilege upon 163 verification from the DUI program that the offender has 164 completed the education course and evaluation requirement and 165 has reentered and is currently participating in treatment. If 166 the DUI program notifies the department of the second failure to 167 complete treatment, the department shall reinstate the driving 168 privilege only after notice of completion of treatment from the 169 DUI program. 170 Section 4.This act shall take effect July 1, 2024.