Bill Text: FL S1270 | 2018 | Regular Session | Introduced
Bill Title: Penalties and Fees
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Appropriations [S1270 Detail]
Download: Florida-2018-S1270-Introduced.html
Florida Senate - 2018 SB 1270 By Senator Brandes 24-00140C-18 20181270__ 1 A bill to be entitled 2 An act relating to penalties and fees; amending s. 3 27.52, F.S.; requiring a certain application to 4 provide the applicant with the option to fulfill any 5 court-ordered financial obligation associated with a 6 case by enrolling in a payment plan or by completing 7 community service if ordered by the court; requiring a 8 clerk of the court to compare the information provided 9 in the application to any readily ascertainable or 10 publicly available information under certain 11 circumstances; authorizing the clerk to refer any 12 application believed to be fraudulent to the court for 13 review; amending s. 28.246, F.S.; revising 14 requirements relating to the payment of court-related 15 fines or other monetary penalties, fees, charges, and 16 costs; requiring a clerk of the circuit court to 17 solicit competitive bids from private attorneys or 18 collection agents for collection services, subject to 19 certain requirements; prohibiting the clerk from 20 assessing a certain surcharge; prohibiting the private 21 attorney or collection agent from imposing certain 22 additional fees or surcharges; amending s. 57.082, 23 F.S.; authorizing the clerk to refer any application 24 believed to be fraudulent to the court for review; 25 amending s. 316.650, F.S.; requiring traffic citation 26 forms to include certain language relating to payment 27 of a penalty; amending s. 318.15, F.S.; prohibiting 28 the suspension of a person’s driver license solely for 29 failure to pay certain financial obligations if the 30 person requests a hearing and demonstrates specified 31 circumstances to the court, after notice of a penalty 32 and before the suspension takes place; requiring a 33 person who meets specified criteria to provide the 34 clerk with updated documentation at specified 35 intervals; requiring the person to begin paying 36 certain outstanding financial obligations under 37 certain circumstances; requiring the clerk to notify 38 the Department of Highway Safety and Motor Vehicles of 39 the person’s failure to pay within a specified time 40 under certain circumstances; requiring the department 41 to immediately issue an order suspending the driver 42 license and privilege to drive of the person upon 43 receipt of such notice, effective after a specified 44 time; amending s. 318.18, F.S.; requiring a court to 45 inquire at the time a certain civil penalty is ordered 46 whether the person is able to pay it; amending s. 47 322.055, F.S.; decreasing the period for revocation or 48 suspension of, or delay of eligibility for, driver 49 licenses or driving privileges for certain persons 50 convicted of certain drug offenses; deleting 51 provisions authorizing a driver to petition the 52 department for restoration of his or her driving 53 privilege; amending s. 322.056, F.S.; decreasing the 54 period for revocation or suspension of, or delay of 55 eligibility for, driver licenses or driving privileges 56 for certain persons found guilty of certain drug 57 offenses; deleting a provision authorizing a court to 58 direct the department to issue a license for certain 59 restricted driving privileges under certain 60 circumstances; deleting requirements relating to the 61 revocation or suspension of, or delay of eligibility 62 for, driver licenses or driving privileges for certain 63 persons found guilty of certain alcohol or tobacco 64 offenses; repealing s. 322.057, F.S., relating to 65 discretionary revocation or suspension of a driver 66 license for certain persons who provide alcohol to 67 persons under a specified age; amending s. 322.09, 68 F.S.; deleting a provision prohibiting the issuance of 69 a driver license or learner’s driver license under 70 certain circumstances; repealing s. 322.091, F.S., 71 relating to attendance requirements for driving 72 privileges; amending s. 322.245, F.S.; prohibiting the 73 suspension of a person’s driver license solely for 74 failure to pay certain financial obligations if the 75 person requests a hearing and demonstrates specified 76 circumstances to the court, after notice of a penalty 77 and before the suspension takes place; providing an 78 exception; requiring a person who meets specified 79 criteria to provide the clerk with updated 80 documentation every specified number of days; 81 requiring the person to begin paying certain 82 outstanding financial obligations under certain 83 circumstances; requiring the clerk to notify the 84 department of the person’s failure to pay within a 85 specified time under certain circumstances; requiring 86 the department to immediately issue an order 87 suspending the driver license and privilege to drive 88 of the person upon receipt of such notice, effective 89 after a specified time; repealing s. 322.251(7), F.S., 90 relating to notice of suspension or revocation of 91 driving privileges, reasons for reinstatement of such 92 driving privileges, and certain electronic access to 93 identify a person who is the subject of an outstanding 94 warrant or capias for passing worthless bank checks; 95 amending s. 322.271, F.S.; providing that a person 96 whose driver license or privilege to drive has been 97 suspended may have his or her driver license or 98 driving privilege reinstated on a restricted basis 99 under certain circumstances; providing the period of 100 validity of such restricted license; amending s. 101 322.34, F.S.; revising the underlying violations 102 resulting in driver license or driving privilege 103 cancellation, suspension, or revocation for which 104 specified penalties apply; amending s. 562.11, F.S.; 105 revising penalties for selling, giving, serving, or 106 permitting to be served alcoholic beverages to a 107 person under a specified age or permitting such person 108 to consume such beverages on licensed premises; 109 revising penalties for misrepresenting or misstating 110 age or age of another to induce a licensee to serve 111 alcoholic beverages to a person under a specified age; 112 conforming provisions to changes made by the act; 113 repealing s. 562.111(3), F.S., relating to withholding 114 issuance of, or suspending or revoking, a driver 115 license or driving privilege for possession of 116 alcoholic beverages by persons under a specified age; 117 amending s. 569.11, F.S.; revising penalties for 118 persons under a specified age who knowingly possess, 119 misrepresent their age or military service to 120 purchase, or purchase or attempt to purchase tobacco 121 products; authorizing, rather than requiring, the 122 court to direct the department to withhold issuance of 123 or suspend a person’s driver license or driving 124 privilege for certain violations; amending s. 790.22, 125 F.S.; revising penalties relating to suspending, 126 revoking, or withholding issuance of driver licenses 127 or driving privileges for minors under a specified age 128 who possess firearms under certain circumstances; 129 deleting provisions relating to penalties for certain 130 offenses involving the use or possession of a firearm 131 by a minor under a specified age; amending s. 806.13, 132 F.S.; deleting provisions relating to certain 133 penalties for criminal mischief by a minor; repealing 134 s. 812.0155, F.S., relating to suspension of a driver 135 license following an adjudication of guilt for theft; 136 repealing s. 832.09, F.S., relating to suspension of a 137 driver license after warrant or capias is issued in 138 worthless check cases; amending s. 847.0141, F.S.; 139 deleting a provision authorizing a court, upon a 140 certain finding of contempt, to issue an order to the 141 department to withhold issuance of or suspend the 142 driver license or driving privilege of a minor for a 143 specified time; amending s. 877.112, F.S.; revising 144 penalties for persons under a specified age who 145 knowingly possess, misrepresent their age or military 146 service to purchase, or purchase or attempt to 147 purchase any nicotine product or nicotine dispensing 148 device; authorizing, rather than requiring, the court 149 to direct the department to withhold issuance of or 150 suspend a person’s driver license or driving privilege 151 for certain violations; amending s. 938.30, F.S.; 152 authorizing a judge to convert certain statutory 153 financial obligations into court-ordered obligations 154 to perform community service by reliance upon 155 specified information under certain circumstances; 156 amending s. 1003.27, F.S.; deleting provisions 157 relating to procedures and penalties for nonenrollment 158 and nonattendance cases; amending ss. 318.14, 322.05, 159 322.27, and 1003.01, F.S.; conforming provisions to 160 changes made by the act; providing applicability of 161 certain changes made by the act; requiring the 162 department to notify the Division of Law Revision and 163 Information upon the adoption of certain uniform 164 traffic citation forms; providing effective dates. 165 166 Be It Enacted by the Legislature of the State of Florida: 167 168 Section 1. Paragraph (a) of subsection (1), paragraph (d) 169 of subsection (2), paragraph (a) of subsection (4), and 170 paragraph (a) of subsection (7) of section 27.52, Florida 171 Statutes, are amended to read: 172 27.52 Determination of indigent status.— 173 (1) APPLICATION TO THE CLERK.—A person seeking appointment 174 of a public defender under s. 27.51 based upon an inability to 175 pay must apply to the clerk of the court for a determination of 176 indigent status using an application form developed by the 177 Florida Clerks of Court Operations Corporation with final 178 approval by the Supreme Court. 179 (a) The application must include, at a minimum, the 180 following financial information: 181 1. Net income, consisting of total salary and wages, minus 182 deductions required by law, including court-ordered support 183 payments. 184 2. Other income, including, but not limited to, social 185 security benefits, union funds, veterans’ benefits, workers’ 186 compensation, other regular support from absent family members, 187 public or private employee pensions, reemployment assistance or 188 unemployment compensation, dividends, interest, rent, trusts, 189 and gifts. 190 3. Assets, including, but not limited to, cash, savings 191 accounts, bank accounts, stocks, bonds, certificates of deposit, 192 equity in real estate, and equity in a boat or a motor vehicle 193 or in other tangible property. 194 4. All liabilities and debts. 195 5. If applicable, the amount of any bail paid for the 196 applicant’s release from incarceration and the source of the 197 funds. 198 199 The application must provide the applicant with the option to 200 fulfill any court-ordered financial obligation associated with a 201 case by enrolling in a payment plan or by completing community 202 service if ordered by the court. The application must include a 203 signature by the applicant which attests to the truthfulness of 204 the information provided. The application form developed by the 205 corporation must include notice that the applicant may seek 206 court review of a clerk’s determination that the applicant is 207 not indigent, as provided in this section. 208 (2) DETERMINATION BY THE CLERK.—The clerk of the court 209 shall determine whether an applicant seeking appointment of a 210 public defender is indigent based upon the information provided 211 in the application and the criteria prescribed in this 212 subsection. 213 (d) The duty of the clerk in determining whether an 214 applicant is indigent shall be limited to receiving the 215 application and comparing the information provided in the 216 application to the criteria prescribed in this subsection and to 217 any readily ascertainable or publicly available information. The 218 determination of indigent status is a ministerial act of the 219 clerk and not a decision based on further investigation or the 220 exercise of independent judgment by the clerk. The clerk may 221 contract with third parties to perform functions assigned to the 222 clerk under this section. 223 (4) REVIEW OF CLERK’S DETERMINATION.— 224 (a) If the clerk of the court determines that the applicant 225 is not indigent, and the applicant seeks review of the clerk’s 226 determination, the court shall make a final determination of 227 indigent status by reviewing the information provided in the 228 application against the criteria prescribed in subsection (2), 229 along with any readily ascertainable or publicly available 230 information provided by the clerk, and by considering the 231 following additional factors: 232 1. Whether the applicant has been released on bail in an 233 amount of $5,000 or more. 234 2. Whether a bond has been posted, the type of bond, and 235 who paid the bond. 236 3. Whether paying for private counsel in an amount that 237 exceeds the limitations in s. 27.5304, or other due process 238 services creates a substantial hardship for the applicant or the 239 applicant’s family. 240 4. Any other relevant financial circumstances of the 241 applicant or the applicant’s family. 242 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.— 243 (a) The clerk may refer any application believed to be 244 fraudulent to the court for review. If the court learns of 245 discrepancies between the application or motion and the actual 246 financial status of the person found to be indigent or indigent 247 for costs, the court shall determine whether the public 248 defender, office of criminal conflict and civil regional 249 counsel, or private attorney shall continue representation or 250 whether the authorization for any other due process services 251 previously authorized shall be revoked. The person may be heard 252 regarding the information learned by the court. If the court, 253 based on the information, determines that the person is not 254 indigent or indigent for costs, the court shall order the public 255 defender, office of criminal conflict and civil regional 256 counsel, or private attorney to discontinue representation and 257 revoke the provision of any other authorized due process 258 services. 259 Section 2. Subsections (4) and (6) of section 28.246, 260 Florida Statutes, are amended to read: 261 28.246 Payment of court-related fines or other monetary 262 penalties, fees, charges, and costs; partial payments; 263 distribution of funds.— 264 (4) The clerk of the circuit court shall accept partial 265 payments for court-related fees, service charges, costs, and 266 fines in accordance with the terms of an established payment 267 plan. An individual seeking to defer payment of fees, service 268 charges, costs, or fines imposed by operation of law or order of 269 the court under any provision of general law, including an 270 individual found indigent by the clerk or the court, shall apply 271 to the clerk for enrollment in a payment plan. The clerk shall 272 accept a qualified individual’s application for a payment plan 273 and acceptThe clerk shall enter into a payment plan with an274individual who the court determines is indigent for costs.a 275 monthly payment amount, calculated based upon all fees and all 276 anticipated costs. The monthly payment amount may,ispresumed277to correspond to the person’s ability to pay if the amount does278 not exceed 2 percent of the person’s annual net income, as 279 defined in s. 27.52(1), divided by 12, or $25 per month, 280 whichever is greater. The court may review the reasonableness of 281 the payment plan upon motion of the party and may modify the 282 plan. 283 (6)(a) A clerk of court shall pursue the collection of any 284 fees, service charges, fines, court costs, and liens for the 285 payment of attorney fees and costs pursuant to s. 938.29 which 286 remain unpaid after 90 days by referring the account to a 287 private attorney who is a member in good standing of The Florida 288 Bar or collection agent who is registered and in good standing 289 pursuant to chapter 559. In pursuing the collection of such 290 unpaid financial obligations through a private attorney or 291 collection agent, the clerk of the court must have attempted to 292 collect the unpaid amount through a collection court, 293 collections docket, or other collections process, if any, 294 established by the court, find this to be cost-effective and 295 follow any applicable procurement practices. 296 (b) In retaining a private attorney or collection agent as 297 provided in this subsection, the clerk shall solicit competitive 298 bids from private attorneys or collection agents. The contract 299 awarded to the successful bidder may be in effect for no longer 300 than 3 years, with a maximum of two 1-year extensions. 301 (c) The clerk shall consider all pertinent criteria when 302 considering bids, including, but not limited to, performance 303 quality and customer service. The collection fee paid to the 304 private, including any reasonable attorney’s fee, paid to any305 attorney or collection agent retained by the clerk may be added 306 to the balance owed in an amount not to exceed 40 percent of the 307 amount owed at the time the account is referred to the attorney 308 or agent for collection. 309 (d) The clerk may not assess any surcharge to refer the 310 account to a private attorney or an agent for collection. 311 (e) The private attorney or collection agent may not impose 312 any additional fees or surcharges other than the contractually 313 agreed-upon amounts. 314 (f) The clerk shall give the private attorney or collection 315 agent the application for the appointment of court-appointed 316 counsel regardless of whether the court file is otherwise 317 confidential from disclosure. 318 Section 3. Paragraph (a) of subsection (7) of section 319 57.082, Florida Statutes, is amended to read: 320 57.082 Determination of civil indigent status.— 321 (7) FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.— 322 (a) The clerk may refer any application believed to be 323 fraudulent to the court for review. If the court learns of 324 discrepancies between the application and the actual financial 325 status of the person found to be indigent, the court shall 326 determine whether the status and any relief provided as a result 327 of that status shall be revoked. The person may be heard 328 regarding the information learned by the court. If the court, 329 based on the information, determines that the person is not 330 indigent, the court shall revoke the provision of any relief 331 under this section. 332 Section 4. Present paragraphs (b), (c), and (d) of 333 subsection (1) of section 316.650, Florida Statutes, are 334 redesignated as paragraphs (c), (d), and (e), respectively, a 335 new paragraph (b) is added to that subsection, and present 336 paragraph (c) of that subsection is amended, to read: 337 316.650 Traffic citations.— 338 (1) 339 (b) The traffic citation form must include language 340 indicating that a person may enter into a payment plan with the 341 clerk of court to pay a penalty. The form must also indicate 342 that a person ordered to pay a penalty for a noncriminal traffic 343 infraction who is unable to comply due to demonstrable financial 344 hardship will be allowed by the court to satisfy the payment by 345 participating in community service pursuant to s. 318.18(8)(b). 346 (d)(c)Notwithstanding paragraphs (a) and (c)(b), a 347 traffic enforcement agency may produce uniform traffic citations 348 by electronic means. Such citations must be consistent with the 349 state traffic court rules and the procedures established by the 350 department and must be appropriately numbered and inventoried. 351 Affidavit-of-compliance forms may also be produced by electronic 352 means. 353 Section 5. Subsections (4) and (5) are added to section 354 318.15, Florida Statutes, to read: 355 318.15 Failure to comply with civil penalty or to appear; 356 penalty.— 357 (4) Notwithstanding any other law, a person’s driver 358 license may not be suspended solely for a failure to pay fees, 359 service charges, fines, or penalties if the person demonstrates 360 to the court, after notice of the penalty and before the 361 suspension takes place, that the person is unable to pay and 362 that the person: 363 (a) Receives reemployment assistance or unemployment 364 compensation pursuant to chapter 443; 365 (b) Receives benefits under the federal Supplemental 366 Security Income program or Social Security Disability Insurance 367 program; 368 (c) Receives temporary cash assistance pursuant to chapter 369 414; 370 (d) Is making payments in accordance with a confirmed 371 bankruptcy plan under chapter 11, chapter 12, or chapter 13 of 372 the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.; 373 (e) Is on a payment plan or payment plans with the clerk of 374 court pursuant to s. 28.246(4); 375 (f) Has been determined to be indigent after filing an 376 application with the clerk in accordance with s. 27.52 or s. 377 57.082; or 378 (g) Is incarcerated. 379 (5) A person who meets the criteria under subsection (4) 380 must provide the clerk with updated documentation every 90 days. 381 If the person fails to provide the necessary documentation to 382 the clerk or no longer meets the criteria under subsection (4), 383 he or she must begin paying the outstanding fees, service 384 charges, fines, or penalties. If payment does not begin within 385 30 days, the clerk must notify the department of such failure 386 within 10 days after the failure occurs. Upon receipt of such 387 notice, the department must immediately issue an order 388 suspending the driver license and privilege to drive of such 389 person effective 20 days after the date the order of suspension 390 is mailed in accordance with s. 322.251(1), (2), and (6). 391 Section 6. Paragraph (b) of subsection (8) of section 392 318.18, Florida Statutes, is amended to read: 393 318.18 Amount of penalties.—The penalties required for a 394 noncriminal disposition pursuant to s. 318.14 or a criminal 395 offense listed in s. 318.17 are as follows: 396 (8) 397 (b)1.a. If a person has been ordered to pay a civil penalty 398 for a noncriminal traffic infraction and the person is unable to 399 comply with the court’s order due to demonstrable financial 400 hardship, the court shall allow the person to satisfy the civil 401 penalty by participating in community service until the civil 402 penalty is paid. 403 b. The court shall inquire at the time the civil penalty is 404 ordered whether the person is able to pay it. 405 c. If a court orders a person to perform community service, 406 the person shall receive credit for the civil penalty at the 407 specified hourly credit rate per hour of community service 408 performed, and each hour of community service performed shall 409 reduce the civil penalty by that amount. 410 2.a. As used in this paragraph, the term “specified hourly 411 credit rate” means the wage rate that is specified in 29 U.S.C. 412 s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, 413 that is then in effect, and that an employer subject to such 414 provision must pay per hour to each employee subject to such 415 provision. 416 b. However, if a person ordered to perform community 417 service has a trade or profession for which there is a community 418 service need, the specified hourly credit rate for each hour of 419 community service performed by that person shall be the average 420 prevailing wage rate for the trade or profession that the 421 community service agency needs. 422 3.a. The community service agency supervising the person 423 shall record the number of hours of community service completed 424 and the date the community service hours were completed. The 425 community service agency shall submit the data to the clerk of 426 court on the letterhead of the community service agency, which 427 must also bear the notarized signature of the person designated 428 to represent the community service agency. 429 b. When the number of community service hours completed by 430 the person equals the amount of the civil penalty, the clerk of 431 court shall certify this fact to the court. Thereafter, the 432 clerk of court shall record in the case file that the civil 433 penalty has been paid in full. 434 4. As used in this paragraph, the term: 435 a. “Community service” means uncompensated labor for a 436 community service agency. 437 b. “Community service agency” means a not-for-profit 438 corporation, community organization, charitable organization, 439 public officer, the state or any political subdivision of the 440 state, or any other body the purpose of which is to improve the 441 quality of life or social welfare of the community and which 442 agrees to accept community service from persons unable to pay 443 civil penalties for noncriminal traffic infractions. 444 Section 7. Subsections (1) through (4) of section 322.055, 445 Florida Statutes, are amended to read: 446 322.055 Revocation or suspension of, or delay of 447 eligibility for, driver license for persons 18 years of age or 448 older convicted of certain drug offenses.— 449 (1) Notwithstanding s. 322.28, upon the conviction of a 450 person 18 years of age or older for possession or sale of, 451 trafficking in, or conspiracy to possess, sell, or traffic in a 452 controlled substance, the court shall direct the department to 453 revoke the driver license or driving privilege of the person. 454 The period of such revocation shall be 6 months1 yearor until 455 the person is evaluated for and, if deemed necessary by the 456 evaluating agency, completes a drug treatment and rehabilitation 457 program approved or regulated by the Department of Children and 458 Families. However, the court may, in its sound discretion, 459 direct the department to issue a license for driving privilege 460 restricted to business or employment purposes only, as defined 461 by s. 322.271, if the person is otherwise qualified for such a 462 license.A driver whose license or driving privilege has been463suspended or revoked under this section or s. 322.056 may, upon464the expiration of 6 months, petition the department for465restoration of the driving privilege on a restricted or466unrestricted basis depending on length of suspension or467revocation. In no case shallA restricted license may not be 468 available until 6 months of the suspension or revocation period 469 has been completedexpired. 470 (2) If a person 18 years of age or older is convicted for 471 the possession or sale of, trafficking in, or conspiracy to 472 possess, sell, or traffic in a controlled substance and such 473 person is eligible by reason of age for a driver license or 474 privilege, the court shall direct the department to withhold 475 issuance of such person’s driver license or driving privilege 476 for a period of 6 months1 yearafter the date the person was 477 convicted or until the person is evaluated for and, if deemed 478 necessary by the evaluating agency, completes a drug treatment 479 and rehabilitation program approved or regulated by the 480 Department of Children and Families. However, the court may, in 481 its sound discretion, direct the department to issue a license 482 for driving privilege restricted to business or employment 483 purposes only, as defined by s. 322.271, if the person is 484 otherwise qualified for such a license.A driver whose license485or driving privilege has been suspended or revoked under this486section or s. 322.056 may, upon the expiration of 6 months,487petition the department for restoration of the driving privilege488on a restricted or unrestricted basis depending on the length of489suspension or revocation. In no case shallA restricted license 490 may not be available until 6 months of the withholding 491suspension or revocationperiod has been completedexpired. 492 (3) If a person 18 years of age or older is convicted for 493 the possession or sale of, trafficking in, or conspiracy to 494 possess, sell, or traffic in a controlled substance and such 495 person’s driver license or driving privilege is already under 496 suspension or revocation for any reason, the court shall direct 497 the department to extend the period of such suspension or 498 revocation by an additional period of 6 months1 yearor until 499 the person is evaluated for and, if deemed necessary by the 500 evaluating agency, completes a drug treatment and rehabilitation 501 program approved or regulated by the Department of Children and 502 Families. However, the court may, in its sound discretion, 503 direct the department to issue a license for driving privilege 504 restricted to business or employment purposes only, as defined 505 by s. 322.271, if the person is otherwise qualified for such a 506 license.A driver whose license or driving privilege has been507suspended or revoked under this section or s. 322.056 may, upon508the expiration of 6 months, petition the department for509restoration of the driving privilege on a restricted or510unrestricted basis depending on the length of suspension or511revocation. In no case shallA restricted license may not be 512 available until 6 months of the suspension or revocation period 513 has been completedexpired. 514 (4) If a person 18 years of age or older is convicted for 515 the possession or sale of, trafficking in, or conspiracy to 516 possess, sell, or traffic in a controlled substance and such 517 person is ineligible by reason of age for a driver license or 518 driving privilege, the court shall direct the department to 519 withhold issuance of such person’s driver license or driving 520 privilege for a period of 6 months1 yearafter the date that he 521 or she would otherwise have become eligible or until he or she 522 becomes eligible by reason of age for a driver license and is 523 evaluated for and, if deemed necessary by the evaluating agency, 524 completes a drug treatment and rehabilitation program approved 525 or regulated by the Department of Children and Families. 526 However, the court may, in its sound discretion, direct the 527 department to issue a license for driving privilege restricted 528 to business or employment purposes only, as defined by s. 529 322.271, if the person is otherwise qualified for such a 530 license.A driver whose license or driving privilege has been531suspended or revoked under this section or s. 322.056 may, upon532the expiration of 6 months, petition the department for533restoration of the driving privilege on a restricted or534unrestricted basis depending on the length of suspension or535revocation. In no case shallA restricted license may not be 536 available until 6 months of the withholdingsuspension or537revocationperiod has been completedexpired. 538 Section 8. Section 322.056, Florida Statutes, is amended to 539 read: 540 322.056 Mandatory revocation or suspension of, or delay of 541 eligibility for, driver license for persons under age 18 found 542 guilty of certainalcohol,drug, or tobaccooffenses; 543 prohibition.— 544 (1) Notwithstandingthe provisions ofs. 322.055, if a 545 person under 18 years of age is found guilty of or delinquent 546 for a violation ofs. 562.11(2), s. 562.111, orchapter 893, 547 and: 548 (a) The person is eligible by reason of age for a driver 549 license or driving privilege, the court shall direct the 550 department to revoke or to withhold issuance of his or her 551 driver license or driving privilege for a period of 6 months.:5521. Not less than 6 months and not more than 1 year for the553first violation.5542. Two years, for a subsequent violation.555 (b) The person’s driver license or driving privilege is 556 under suspension or revocation for any reason, the court shall 557 direct the department to extend the period of suspension or 558 revocation by an additional period of 6 months.:5591. Not less than 6 months and not more than 1 year for the560first violation.5612. Two years, for a subsequent violation.562 (c) The person is ineligible by reason of age for a driver 563 license or driving privilege, the court shall direct the 564 department to withhold issuance of his or her driver license or 565 driving privilege for a period of:5661. Not less than6 monthsand not more than 1 yearafter 567 the date on which he or she would otherwise have become 568 eligible, for the first violation. 5692. Two years after the date on which he or she would570otherwise have become eligible, for a subsequent violation.571 572However, the court may, in its sound discretion, direct the573department to issue a license for driving privileges restricted574to business or employment purposes only, as defined in s.575322.271, if the person is otherwise qualified for such a576license.577(2) If a person under 18 years of age is found by the court578to have committed a noncriminal violation under s. 569.11 or s.579877.112(6) or (7) and that person has failed to comply with the580procedures established in that section by failing to fulfill581community service requirements, failing to pay the applicable582fine, or failing to attend a locally available school-approved583anti-tobacco program, and:584(a) The person is eligible by reason of age for a driver585license or driving privilege, the court shall direct the586department to revoke or to withhold issuance of his or her587driver license or driving privilege as follows:5881. For the first violation, for 30 days.5892. For the second violation within 12 weeks of the first590violation, for 45 days.591(b) The person’s driver license or driving privilege is592under suspension or revocation for any reason, the court shall593direct the department to extend the period of suspension or594revocation by an additional period as follows:5951. For the first violation, for 30 days.5962. For the second violation within 12 weeks of the first597violation, for 45 days.598(c) The person is ineligible by reason of age for a driver599license or driving privilege, the court shall direct the600department to withhold issuance of his or her driver license or601driving privilege as follows:6021. For the first violation, for 30 days.6032. For the second violation within 12 weeks of the first604violation, for 45 days.605 606Any second violation of s. 569.11 or s. 877.112(6) or (7) not607within the 12-week period after the first violation will be608treated as a first violation and in the same manner as provided609in this subsection.610(3) If a person under 18 years of age is found by the court611to have committed a third violation of s. 569.11 or s.612877.112(6) or (7) within 12 weeks of the first violation, the613court must direct the Department of Highway Safety and Motor614Vehicles to suspend or withhold issuance of his or her driver615license or driving privilege for 60 consecutive days. Any third616violation of s. 569.11 or s. 877.112(6) or (7) not within the61712-week period after the first violation will be treated as a618first violation and in the same manner as provided in subsection619(2).620 (2)(4)A penalty imposed under this section shall be in 621 addition to any other penalty imposed by law. 622(5) The suspension or revocation of a person’s driver623license imposed pursuant to subsection (2) or subsection (3),624shall not result in or be cause for an increase of the convicted625person’s, or his or her parent’s or legal guardian’s, automobile626insurance rate or premium or result in points assessed against627the person’s driving record.628 Section 9. Section 322.057, Florida Statutes, is repealed. 629 Section 10. Present subsections (4) and (5) of section 630 322.09, Florida Statutes, are redesignated as subsections (3) 631 and (4), respectively, and present subsection (3) of that 632 section is amended, to read: 633 322.09 Application of minors; responsibility for negligence 634 or misconduct of minor.— 635(3) The department may not issue a driver license or636learner’s driver license to any applicant under the age of 18637years who is not in compliance with the requirements of s.638322.091.639 Section 11. Section 322.091, Florida Statutes, is repealed. 640 Section 12. Subsections (6) and (7) are added to section 641 322.245, Florida Statutes, to read: 642 322.245 Suspension of license upon failure of person 643 charged with specified offense under chapter 316, chapter 320, 644 or this chapter to comply with directives ordered by traffic 645 court or upon failure to pay child support in non-IV-D cases as 646 provided in chapter 61 or failure to pay any financial 647 obligation in any other criminal case.— 648 (6) Notwithstanding any other law, a person’s driver 649 license may not be suspended solely for a failure to pay fees, 650 service charges, fines, or penalties if the person demonstrates 651 to the court, after notice of the penalty and before the 652 suspension takes place, that the person is unable to pay and 653 that the person: 654 (a) Receives reemployment assistance or unemployment 655 compensation pursuant to chapter 443; 656 (b) Receives benefits under the federal Supplemental 657 Security Income program or Social Security Disability Insurance 658 program; 659 (c) Receives temporary cash assistance pursuant to chapter 660 414; 661 (d) Is making payments in accordance with a confirmed 662 bankruptcy plan under chapter 11, chapter 12, or chapter 13 of 663 the United States Bankruptcy Code, 11 U.S.C. ss. 101 et seq.; 664 (e) Is on a payment plan or payment plans with the clerk of 665 court pursuant to s. 28.246(4); 666 (f) Has been determined to be indigent after filing an 667 application with the clerk in accordance with s. 27.52 or s. 668 57.082; or 669 (g) Is incarcerated. 670 671 This subsection does not apply to failure to pay child support 672 in non-IV-D cases as provided in chapter 61. 673 (7) A person who meets the criteria under subsection (6) 674 must provide the clerk with updated documentation every 90 days. 675 If the person fails to provide the necessary documentation to 676 the clerk or no longer meets the criteria under subsection (6), 677 he or she must begin paying the outstanding fees, service 678 charges, fines, or penalties. If payment does not begin within 679 30 days, the clerk must notify the department of such failure 680 within 10 days after the failure occurs. Upon receipt of such 681 notice, the department must immediately issue an order 682 suspending the driver license and privilege to drive of such 683 person effective 20 days after the date the order of suspension 684 is mailed in accordance with s. 322.251(1), (2), and (6). 685 Section 13. Subsection (7) of section 322.251, Florida 686 Statutes, is repealed. 687 Section 14. Subsection (8) is added to section 322.271, 688 Florida Statutes, to read: 689 322.271 Authority to modify revocation, cancellation, or 690 suspension order.— 691 (8) A person whose driver license or privilege to drive has 692 been suspended under s. 318.15 or s. 322.245, with the exception 693 of any suspension related to s. 61.13016, may have his or her 694 driver license or driving privilege reinstated on a restricted 695 basis by the department in accordance with this section. The 696 restricted license is valid until the 7-year suspension period 697 ends as provided in s. 318.15 or until the debt is paid. 698 Section 15. Subsection (10) of section 322.34, Florida 699 Statutes, is amended to read: 700 322.34 Driving while license suspended, revoked, canceled, 701 or disqualified.— 702 (10)(a) Notwithstanding any other provision of this 703 section, if a person does not have a prior forcible felony 704 conviction as defined in s. 776.08, the penalties provided in 705 paragraph (b) apply if a person’s driver license or driving 706 privilege is canceled, suspended, or revoked for: 707 1. Failing to pay child support as provided in s. 322.245 708 or s. 61.13016; 709 2. Failing to pay any other financial obligation as 710 provided in s. 322.245other than those specified in s.711322.245(1); 712 3. Failing to comply with a civil penalty required in s. 713 318.15; 714 4. Failing to maintain vehicular financial responsibility 715 as required by chapter 324; or 7165. Failing to comply with attendance or other requirements717for minors as set forth in s. 322.091; or718 5.6.Having been designated a habitual traffic offender 719 under s. 322.264(1)(d) as a result of suspensions of his or her 720 driver license or driver privilege for any underlying violation 721 listed in subparagraphs 1.-4.1.-5.722 (b)1. Upon a first conviction for knowingly driving while 723 his or her license is suspended, revoked, or canceled for any of 724 the underlying violations listed in subparagraphs (a)1.-5. 725(a)1.-6., a person commits a misdemeanor of the second degree, 726 punishable as provided in s. 775.082 or s. 775.083. 727 2. Upon a second or subsequent conviction for the same 728 offense of knowingly driving while his or her license is 729 suspended, revoked, or canceled for any of the underlying 730 violations listed in subparagraphs (a)1.-5.(a)1.-6., a person 731 commits a misdemeanor of the first degree, punishable as 732 provided in s. 775.082 or s. 775.083. 733 Section 16. Paragraph (a) of subsection (1) and paragraph 734 (c) of subsection (2) of section 562.11, Florida Statutes, are 735 amended to read: 736 562.11 Selling, giving, or serving alcoholic beverages to 737 person under age 21; providing a proper name; misrepresenting or 738 misstating age or age of another to induce licensee to serve 739 alcoholic beverages to person under 21; penalties.— 740 (1)(a)1.A person may not sell, give, serve, or permit to 741 be served alcoholic beverages to a person under 21 years of age 742 or permit a person under 21 years of age to consume such 743 beverages on the licensed premises. A person who violates this 744 paragraphsubparagraphcommits a misdemeanor of the second 745 degree, punishable as provided in s. 775.082 or s. 775.083. A 746 person who violates this paragraphsubparagrapha second or 747 subsequent time within 1 year after a prior conviction commits a 748 misdemeanor of the first degree, punishable as provided in s. 749 775.082 or s. 775.083. 7502. In addition to any other penalty imposed for a violation751of subparagraph 1., the court may order the Department of752Highway Safety and Motor Vehicles to withhold the issuance of,753or suspend or revoke, the driver license or driving privilege,754as provided in s. 322.057, of any person who violates755subparagraph 1. This subparagraph does not apply to a licensee,756as defined in s. 561.01, who violates subparagraph 1. while757acting within the scope of his or her license or an employee or758agent of a licensee, as defined in s. 561.01, who violates759subparagraph 1. while engaged within the scope of his or her760employment or agency.7613. A court that withholds the issuance of, or suspends or762revokes, the driver license or driving privilege of a person763pursuant to subparagraph 2. may direct the Department of Highway764Safety and Motor Vehicles to issue the person a license for765driving privilege restricted to business purposes only, as766defined in s. 322.271, if he or she is otherwise qualified.767 (2) It is unlawful for any person to misrepresent or 768 misstate his or her age or the age of any other person for the 769 purpose of inducing any licensee or his or her agents or 770 employees to sell, give, serve, or deliver any alcoholic 771 beverages to a person under 21 years of age, or for any person 772 under 21 years of age to purchase or attempt to purchase 773 alcoholic beverages. 774 (c) In addition to any other penalty imposed for a 775 violation of this subsection, if a person uses a driver license 776 or identification card issued by the Department of Highway 777 Safety and Motor Vehicles in violation of this subsection, the 778 court:7791.may order the person to participate in public service or 780 a community work project for a period not to exceed 40 hours;781and7822. Shall direct the Department of Highway Safety and Motor783Vehicles to withhold issuance of, or suspend or revoke, the784person’s driver license or driving privilege, as provided in s.785322.056. 786 Section 17. Subsection (3) of section 562.111, Florida 787 Statutes, is repealed. 788 Section 18. Subsections (1), (2), and (5) of section 789 569.11, Florida Statutes, are amended to read: 790 569.11 Possession, misrepresenting age or military service 791 to purchase, and purchase of tobacco products by persons under 792 18 years of age prohibited; penalties; jurisdiction; disposition 793 of fines.— 794 (1) It is unlawful for any person under 18 years of age to 795 knowingly possess any tobacco product. Any person under 18 years 796 of age who violatesthe provisions ofthis subsection commits a 797 noncriminal violation as provided in s. 775.08(3), punishable 798 by: 799 (a) For a first violation, 16 hours of community service 800 or, instead of community service, a $25 fine. In addition, the 801 person must attend a school-approved anti-tobacco program, if 802 locally available; or 803 (b) For a second or subsequent violation within 12 weeks 804 afterofthe first violation, a $25 fine.; or805(c) For a third or subsequent violation within 12 weeks of806the first violation, the court must direct the Department of807Highway Safety and Motor Vehicles to withhold issuance of or808suspend or revoke the person’s driver license or driving809privilege, as provided in s. 322.056.810 811 Any second or subsequent violation not within the 12-week time 812 period after the first violation is punishable as provided for a 813 first violation. 814 (2) It is unlawful for any person under 18 years of age to 815 misrepresent his or her age or military service for the purpose 816 of inducing a dealer or an agent or employee of the dealer to 817 sell, give, barter, furnish, or deliver any tobacco product, or 818 to purchase, or attempt to purchase, any tobacco product from a 819 person or a vending machine. Any person under 18 years of age 820 who violatesa provision ofthis subsection commits a 821 noncriminal violation as provided in s. 775.08(3), punishable 822 by: 823 (a) For a first violation, 16 hours of community service 824 or, instead of community service, a $25 fine.and,In addition, 825 the person must attend a school-approved anti-tobacco program, 826 if locally available; or 827 (b) For a second or subsequent violation within 12 weeks 828 afterofthe first violation, a $25 fine.; or829(c) For a third or subsequent violation within 12 weeks of830the first violation, the court must direct the Department of831Highway Safety and Motor Vehicles to withhold issuance of or832suspend or revoke the person’s driver license or driving833privilege, as provided in s. 322.056.834 835 Any second or subsequent violation not within the 12-week time 836 period after the first violation is punishable as provided for a 837 first violation. 838 (5)(a) If a person under 18 years of age is found by the 839 court to have committed a noncriminal violation under this 840 section and that person has failed to complete community 841 service, pay the fine as required by paragraph (1)(a) or 842 paragraph (2)(a), or attend a school-approved anti-tobacco 843 program, if locally available, the court maymustdirect the 844 Department of Highway Safety and Motor Vehicles to withhold 845 issuance of or suspend the driver license or driving privilege 846 of that person for a period of 30 consecutive days. 847 (b) If a person under 18 years of age is found by the court 848 to have committed a noncriminal violation under this section and 849 that person has failed to pay the applicable fine as required by 850 paragraph (1)(b) or paragraph (2)(b), the court maymustdirect 851 the Department of Highway Safety and Motor Vehicles to withhold 852 issuance of or suspend the driver license or driving privilege 853 of that person for a period of 45 consecutive days. 854 Section 19. Subsections (5) and (10) of section 790.22, 855 Florida Statutes, are amended to read: 856 790.22 Use of BB guns, air or gas-operated guns, or 857 electric weapons or devices by minor under 16; limitation; 858 possession of firearms by minor under 18 prohibited; penalties.— 859 (5)(a) A minor who violates subsection (3) commits a 860 misdemeanor of the first degree; for a first offense, may serve 861 a period of detention of up to 3 days in a secure detention 862 facility; and, in addition to any other penalty provided by law, 863 shall be required to perform 100 hours of community service.;864and:8651. If the minor is eligible by reason of age for a driver866license or driving privilege, the court shall direct the867Department of Highway Safety and Motor Vehicles to revoke or to868withhold issuance of the minor’s driver license or driving869privilege for up to 1 year.8702. If the minor’s driver license or driving privilege is871under suspension or revocation for any reason, the court shall872direct the Department of Highway Safety and Motor Vehicles to873extend the period of suspension or revocation by an additional874period of up to 1 year.8753. If the minor is ineligible by reason of age for a driver876license or driving privilege, the court shall direct the877Department of Highway Safety and Motor Vehicles to withhold878issuance of the minor’s driver license or driving privilege for879up to 1 year after the date on which the minor would otherwise880have become eligible.881 (b) For a second or subsequent offense, a minor who 882 violates subsection (3) commits a felony of the third degree and 883 shall serve a period of detention of up to 15 days in a secure 884 detention facility and shall be required to perform not less 885 than 100 ornormore than 250 hours of community service., and:8861. If the minor is eligible by reason of age for a driver887license or driving privilege, the court shall direct the888Department of Highway Safety and Motor Vehicles to revoke or to889withhold issuance of the minor’s driver license or driving890privilege for up to 2 years.8912. If the minor’s driver license or driving privilege is892under suspension or revocation for any reason, the court shall893direct the Department of Highway Safety and Motor Vehicles to894extend the period of suspension or revocation by an additional895period of up to 2 years.8963. If the minor is ineligible by reason of age for a driver897license or driving privilege, the court shall direct the898Department of Highway Safety and Motor Vehicles to withhold899issuance of the minor’s driver license or driving privilege for900up to 2 years after the date on which the minor would otherwise901have become eligible.902 903 For the purposes of this subsection, community service shall be 904 performed, if possible, in a manner involving a hospital 905 emergency room or other medical environment that deals on a 906 regular basis with trauma patients and gunshot wounds. 907(10) If a minor is found to have committed an offense under908subsection (9), the court shall impose the following penalties909in addition to any penalty imposed under paragraph (9)(a) or910paragraph (9)(b):911(a) For a first offense:9121. If the minor is eligible by reason of age for a driver913license or driving privilege, the court shall direct the914Department of Highway Safety and Motor Vehicles to revoke or to915withhold issuance of the minor’s driver license or driving916privilege for up to 1 year.9172. If the minor’s driver license or driving privilege is918under suspension or revocation for any reason, the court shall919direct the Department of Highway Safety and Motor Vehicles to920extend the period of suspension or revocation by an additional921period for up to 1 year.9223. If the minor is ineligible by reason of age for a driver923license or driving privilege, the court shall direct the924Department of Highway Safety and Motor Vehicles to withhold925issuance of the minor’s driver license or driving privilege for926up to 1 year after the date on which the minor would otherwise927have become eligible.928(b) For a second or subsequent offense:9291. If the minor is eligible by reason of age for a driver930license or driving privilege, the court shall direct the931Department of Highway Safety and Motor Vehicles to revoke or to932withhold issuance of the minor’s driver license or driving933privilege for up to 2 years.9342. If the minor’s driver license or driving privilege is935under suspension or revocation for any reason, the court shall936direct the Department of Highway Safety and Motor Vehicles to937extend the period of suspension or revocation by an additional938period for up to 2 years.9393. If the minor is ineligible by reason of age for a driver940license or driving privilege, the court shall direct the941Department of Highway Safety and Motor Vehicles to withhold942issuance of the minor’s driver license or driving privilege for943up to 2 years after the date on which the minor would otherwise944have become eligible.945 Section 20. Present subsections (7) and (8) of section 946 806.13, Florida Statutes, are amended, and present subsection 947 (9) of that section is redesignated as subsection (7), to read: 948 806.13 Criminal mischief; penalties; penalty for minor.— 949(7) In addition to any other penalty provided by law, if a950minor is found to have committed a delinquent act under this951section for placing graffiti on any public property or private952property, and:953(a) The minor is eligible by reason of age for a driver954license or driving privilege, the court shall direct the955Department of Highway Safety and Motor Vehicles to revoke or956withhold issuance of the minor’s driver license or driving957privilege for not more than 1 year.958(b) The minor’s driver license or driving privilege is959under suspension or revocation for any reason, the court shall960direct the Department of Highway Safety and Motor Vehicles to961extend the period of suspension or revocation by an additional962period of not more than 1 year.963(c) The minor is ineligible by reason of age for a driver964license or driving privilege, the court shall direct the965Department of Highway Safety and Motor Vehicles to withhold966issuance of the minor’s driver license or driving privilege for967not more than 1 year after the date on which he or she would968otherwise have become eligible.969(8) A minor whose driver license or driving privilege is970revoked, suspended, or withheld under subsection (7) may elect971to reduce the period of revocation, suspension, or withholding972by performing community service at the rate of 1 day for each973hour of community service performed. In addition, if the court974determines that due to a family hardship, the minor’s driver975license or driving privilege is necessary for employment or976medical purposes of the minor or a member of the minor’s family,977the court shall order the minor to perform community service and978reduce the period of revocation, suspension, or withholding at979the rate of 1 day for each hour of community service performed.980As used in this subsection, the term “community service” means981cleaning graffiti from public property.982 Section 21. Section 812.0155, Florida Statutes, is 983 repealed. 984 Section 22. Section 832.09, Florida Statutes, is repealed. 985 Section 23. Paragraph (a) of subsection (3) of section 986 847.0141, Florida Statutes, is amended to read: 987 847.0141 Sexting; prohibited acts; penalties.— 988 (3) A minor who violates subsection (1): 989 (a) Commits a noncriminal violation for a first violation. 990 The minor must sign and accept a citation indicating a promise 991 to appear before the juvenile court. In lieu of appearing in 992 court, the minor may complete 8 hours of community service work, 993 pay a $60 civil penalty, or participate in a cyber-safety 994 program if such a program is locally available. The minor must 995 satisfy any penalty within 30 days after receipt of the 996 citation. 997 1. A citation issued to a minor under this subsection must 998 be in a form prescribed by the issuing law enforcement agency, 999 must be signed by the minor, and must contain all of the 1000 following: 1001 a. The date and time of issuance. 1002 b. The name and address of the minor to whom the citation 1003 is issued. 1004 c. A thumbprint of the minor to whom the citation is 1005 issued. 1006 d. Identification of the noncriminal violation and the time 1007 it was committed. 1008 e. The facts constituting reasonable cause. 1009 f. The specific section of law violated. 1010 g. The name and authority of the citing officer. 1011 h. The procedures that the minor must follow to contest the 1012 citation, perform the required community service, pay the civil 1013 penalty, or participate in a cyber-safety program. 1014 2. If the citation is contested and the court determines 1015 that the minor committed a noncriminal violation under this 1016 section, the court may order the minor to perform 8 hours of 1017 community service, pay a $60 civil penalty, or participate in a 1018 cyber-safety program, or any combination thereof. 1019 3. A minor who fails to comply with the citation waives his 1020 or her right to contest it, and the court may impose any of the 1021 penalties identified in subparagraph 2. or issue an order to 1022 show cause. Upon a finding of contempt, the court may impose 1023 additional age-appropriate penalties, which may include issuance1024of an order to the Department of Highway Safety and Motor1025Vehicles to withhold issuance of, or suspend the driver license1026or driving privilege of, the minor for 30 consecutive days. 1027 However, the court may not impose incarceration. 1028 Section 24. Subsections (6) and (7) and paragraphs (c) and 1029 (d) of subsection (8) of section 877.112, Florida Statutes, are 1030 amended to read: 1031 877.112 Nicotine products and nicotine dispensing devices; 1032 prohibitions for minors; penalties; civil fines; signage 1033 requirements; preemption.— 1034 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR 1035 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any 1036 person under 18 years of age to knowingly possess any nicotine 1037 product or a nicotine dispensing device. Any person under 18 1038 years of age who violates this subsection commits a noncriminal 1039 violation as defined in s. 775.08(3), punishable by: 1040 (a) For a first violation, 16 hours of community service 1041 or, instead of community service, a $25 fine. In addition, the 1042 person must attend a school-approved anti-tobacco and nicotine 1043 program, if locally available; or 1044 (b) For a second or subsequent violation within 12 weeks 1045 afterofthe first violation, a $25 fine.; or1046(c) For a third or subsequent violation within 12 weeks of1047the first violation, the court must direct the Department of1048Highway Safety and Motor Vehicles to withhold issuance of or1049suspend or revoke the person’s driver license or driving1050privilege, as provided in s. 322.056.1051 1052 Any second or subsequent violation not within the 12-week time 1053 period after the first violation is punishable as provided for a 1054 first violation. 1055 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for 1056 any person under 18 years of age to misrepresent his or her age 1057 or military service for the purpose of inducing a retailer of 1058 nicotine products or nicotine dispensing devices or an agent or 1059 employee of such retailer to sell, give, barter, furnish, or 1060 deliver any nicotine product or nicotine dispensing device, or 1061 to purchase, or attempt to purchase, any nicotine product or 1062 nicotine dispensing device from a person or a vending machine. 1063 Any person under 18 years of age who violates this subsection 1064 commits a noncriminal violation as defined in s. 775.08(3), 1065 punishable by: 1066 (a) For a first violation, 16 hours of community service 1067 or, instead of community service, a $25 fine.and,In addition, 1068 the person must attend a school-approved anti-tobacco and 1069 nicotine program, if locally available; or 1070 (b) For a second or subsequent violation within 12 weeks of 1071 the first violation, a $25 fine.; or1072(c) For a third or subsequent violation within 12 weeks of1073the first violation, the court must direct the Department of1074Highway Safety and Motor Vehicles to withhold issuance of or1075suspend or revoke the person’s driver license or driving1076privilege, as provided in s. 322.056.1077 1078 Any second or subsequent violation not within the 12-week time 1079 period after the first violation is punishable as provided for a 1080 first violation. 1081 (8) PENALTIES FOR MINORS.— 1082 (c) If a person under 18 years of age is found by the court 1083 to have committed a noncriminal violation under this section and 1084 that person has failed to complete community service, pay the 1085 fine as required by paragraph (6)(a) or paragraph (7)(a), or 1086 attend a school-approved anti-tobacco and nicotine program, if 1087 locally available, the court maymustdirect the Department of 1088 Highway Safety and Motor Vehicles to withhold issuance of or 1089 suspend the driver license or driving privilege of that person 1090 for 30 consecutive days. 1091 (d) If a person under 18 years of age is found by the court 1092 to have committed a noncriminal violation under this section and 1093 that person has failed to pay the applicable fine as required by 1094 paragraph (6)(b) or paragraph (7)(b), the court maymustdirect 1095 the Department of Highway Safety and Motor Vehicles to withhold 1096 issuance of or suspend the driver license or driving privilege 1097 of that person for 45 consecutive days. 1098 Section 25. Subsection (2) of section 938.30, Florida 1099 Statutes, is amended to read: 1100 938.30 Financial obligations in criminal cases; 1101 supplementary proceedings.— 1102 (2) The court may require a person liable for payment of an 1103 obligation to appear and be examined under oath concerning the 1104 person’s financial ability to pay the obligation. The judge may 1105 convert the statutory financial obligation into a court-ordered 1106 obligation to perform community service, subject tothe1107provisions ofs. 318.18(8), after examining a person under oath 1108 and determining the person’s inability to pay, or by relying 1109 upon information provided under s. 27.52(1)(a). Any person who 1110 fails to attend a hearing may be arrested on warrant or capias 1111 issued by the clerk upon order of the court. 1112 Section 26. Subsection (2) of section 1003.27, Florida 1113 Statutes, is amended to read: 1114 1003.27 Court procedure and penalties.—The court procedure 1115 and penalties for the enforcement of the provisions of this 1116 part, relating to compulsory school attendance, shall be as 1117 follows: 1118 (2) NONENROLLMENT AND NONATTENDANCE CASES.— 1119(a)In each case of nonenrollment or of nonattendance upon 1120 the part of a student who is required to attend some school, 1121 when no valid reason for such nonenrollment or nonattendance is 1122 found, the district school superintendent shall institute a 1123 criminal prosecution against the student’s parent. 1124(b) Each public school principal or the principal’s1125designee shall notify the district school board of each minor1126student under its jurisdiction who accumulates 15 unexcused1127absences in a period of 90 calendar days. Each designee of the1128governing body of each private school, and each parent whose1129child is enrolled in a home education program, may provide the1130Department of Highway Safety and Motor Vehicles with the legal1131name, sex, date of birth, and social security number of each1132minor student under his or her jurisdiction who fails to satisfy1133relevant attendance requirements and who fails to otherwise1134satisfy the requirements of s. 322.091. The district school1135superintendent must provide the Department of Highway Safety and1136Motor Vehicles the legal name, sex, date of birth, and social1137security number of each minor student who has been reported1138under this paragraph and who fails to otherwise satisfy the1139requirements of s. 322.091. The Department of Highway Safety and1140Motor Vehicles may not issue a driver license or learner’s1141driver license to, and shall suspend any previously issued1142driver license or learner’s driver license of, any such minor1143student, pursuant to the provisions of s. 322.091.1144 Section 27. Paragraph (a) of subsection (10) of section 1145 318.14, Florida Statutes, is amended to read: 1146 318.14 Noncriminal traffic infractions; exception; 1147 procedures.— 1148 (10)(a) Any person who does not hold a commercial driver 1149 license or commercial learner’s permit and who is cited while 1150 driving a noncommercial motor vehicle for an offense listed 1151 under this subsection may, in lieu of payment of fine or court 1152 appearance, elect to enter a plea of nolo contendere and provide 1153 proof of compliance to the clerk of the court, designated 1154 official, or authorized operator of a traffic violations bureau. 1155 In such case, adjudication shall be withheld; however, a person 1156 may not make an election under this subsection if the person has 1157 made an election under this subsection in the preceding 12 1158 months. A person may not make more than three elections under 1159 this subsection. This subsection applies to the following 1160 offenses: 1161 1. Operating a motor vehicle without a valid driver license 1162 in violation of s. 322.03, s. 322.065, or s. 322.15(1), or 1163 operating a motor vehicle with a license that has been suspended 1164 for failure to appear, failure to pay civil penalty, or failure 1165 to attend a driver improvement course pursuant to s. 322.291. 1166 2. Operating a motor vehicle without a valid registration 1167 in violation of s. 320.0605, s. 320.07, or s. 320.131. 1168 3. Operating a motor vehicle in violation of s. 316.646. 1169 4. Operating a motor vehicle with a license that has been 1170 suspended under s. 61.13016 or s. 322.245 for failure to pay 1171 child support or for failure to pay any other financial 1172 obligation as provided in s. 322.245; however, this subparagraph 1173 does not apply if the license has been suspended pursuant to s. 1174 322.245(1). 11755. Operating a motor vehicle with a license that has been1176suspended under s. 322.091 for failure to meet school attendance1177requirements.1178 Section 28. Subsections (1) and (2) of section 322.05, 1179 Florida Statutes, are amended to read: 1180 322.05 Persons not to be licensed.—The department may not 1181 issue a license: 1182 (1) To a person who is under the age of 16 years, except 1183 that the department may issue a learner’s driver license to a 1184 person who is at least 15 years of age and who meets the 1185 requirements of s. 322.1615ss. 322.091 and 322.1615and of any 1186 other applicable law or rule. 1187 (2) To a person who is at least 16 years of age but is 1188 under 18 years of age unless the personmeets the requirements1189of s. 322.091 andholds a valid: 1190 (a) Learner’s driver license for at least 12 months, with 1191 no moving traffic convictions, before applying for a license; 1192 (b) Learner’s driver license for at least 12 months and who 1193 has a moving traffic conviction but elects to attend a traffic 1194 driving school for which adjudication must be withheld pursuant 1195 to s. 318.14; or 1196 (c) License that was issued in another state or in a 1197 foreign jurisdiction and that would not be subject to suspension 1198 or revocation under the laws of this state. 1199 Section 29. Paragraph (b) of subsection (5) of section 1200 322.27, Florida Statutes, is amended to read: 1201 322.27 Authority of department to suspend or revoke driver 1202 license or identification card.— 1203 (5) 1204 (b) If a person whose driver license has been revoked under 1205 paragraph (a) as a result of a third violation of driving a 1206 motor vehicle while his or her license is suspended or revoked 1207 provides proof of compliance for an offense listed in s. 1208 318.14(10)(a)1.-4.s. 318.14(10)(a)1.-5., the clerk of court 1209 shall submit an amended disposition to remove the habitual 1210 traffic offender designation. 1211 Section 30. Subsection (9) of section 1003.01, Florida 1212 Statutes, is amended to read: 1213 1003.01 Definitions.—As used in this chapter, the term: 1214 (9) “Dropout” means a student who meets any one or more of 1215 the following criteria: 1216 (a) The student has voluntarily removed himself or herself 1217 from the school system before graduation for reasons that 1218 include, but are not limited to, marriage, or the student has 1219 withdrawn from school because he or she has failed the statewide 1220 student assessment test and thereby does not receive any of the 1221 certificates of completion; 1222 (b) The student has not met the relevant attendance 1223 requirements of the school district pursuant to State Board of 1224 Education rules, or the student was expected to attend a school 1225 but did not enter as expected for unknown reasons, or the 1226 student’s whereabouts are unknown; 1227 (c) The student has withdrawn from school, but has not 1228 transferred to another public or private school or enrolled in 1229 any career, adult, home education, or alternative educational 1230 program; 1231 (d) The student has withdrawn from school due to hardship, 1232 unless such withdrawal has been granted because ofunder the1233provisions of s. 322.091,court action, expulsion, medical 1234 reasons, or pregnancy; or 1235 (e) The student is not eligible to attend school because of 1236 reaching the maximum age for an exceptional student program in 1237 accordance with the district’s policy. 1238 1239 The State Board of Education may adopt rules to implementthe1240provisions ofthis subsection. 1241 Section 31. The amendments made by this act to s. 316.650, 1242 Florida Statutes, shall take effect upon the depletion of the 1243 current inventory of uniform traffic citation forms and the 1244 adoption by rule of new uniform traffic citation forms. The 1245 Department of Highway Safety and Motor Vehicles shall notify the 1246 Division of Law Revision and Information upon the adoption of 1247 the new forms. 1248 Section 32. Except as otherwise expressly provided in this 1249 act and except for this section, which shall take effect upon 1250 this act becoming a law, this act shall take effect October 1, 1251 2018.