Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for HB 7125 Ì879480>Î879480 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 bywhose driver license has been revoked8pursuant tos. 322.264(habitual offender)and who drives any 9 motor vehicle upon the highways of this state while designated a 10 habitual traffic offendersuch license is revokedis 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,orrevocation, 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: 100 322.75 Driver 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, 177andtreatment, 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.;