Bill Text: FL S1574 | 2019 | Regular Session | Introduced
Bill Title: Suspension or Revocation of Driver Licenses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Infrastructure and Security, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1574 Detail]
Download: Florida-2019-S1574-Introduced.html
Florida Senate - 2019 SB 1574
By Senator Cruz
18-01665A-19 20191574__
1 A bill to be entitled
2 An act relating to suspension or revocation of driver
3 licenses; repealing s. 322.055, F.S., relating to
4 revocation or suspension of, or delay of eligibility
5 for, a driver license for persons 18 years of age or
6 older who are convicted of certain drug offenses;
7 repealing s. 322.056, F.S., relating to mandatory
8 revocation or suspension of, or delay of eligibility
9 for, a driver license for persons under age 18 who are
10 found guilty of certain alcohol, drug, or tobacco
11 offenses; repealing s. 322.057, F.S., relating to
12 discretionary revocation or suspension of a driver
13 license for certain persons who provide alcohol to
14 persons under 21 years of age; repealing s. 812.0155,
15 F.S., relating to suspension of a driver license
16 following an adjudication of guilt for theft;
17 repealing s. 832.09, F.S., relating to the suspension
18 of a driver license after issuance of a warrant or
19 capias in a worthless check case; amending ss. 322.05
20 and 322.251, F.S.; conforming provisions to changes
21 made by the act; amending s. 562.11, F.S.; deleting
22 provisions relating to withholding, suspending, or
23 revoking the driving privilege of a person who
24 provides alcoholic beverages to a person under 21
25 years of age; amending s. 562.111, F.S.; deleting
26 provisions relating to withholding, suspending, or
27 revoking the driving privilege of a person under 21
28 years of age who possesses alcoholic beverages;
29 amending s. 569.11, F.S.; conforming provisions to
30 changes made by the act; revising penalties; amending
31 s. 790.22, F.S.; deleting provisions relating to
32 withholding, suspending, or revoking the driving
33 privilege of a minor who unlawfully possesses a
34 firearm; amending s. 806.13, F.S.; deleting provisions
35 relating to withholding, suspending, or revoking the
36 driving privilege of a minor who places graffiti on
37 public or private property; amending s. 812.014, F.S.;
38 deleting provisions relating to suspending the driver
39 license of a person convicted of petit theft for theft
40 of gasoline; providing penalties; amending s.
41 847.0141, F.S.; deleting provisions relating to
42 withholding or suspending the driving privilege of a
43 minor who fails to comply with a citation for sexting;
44 amending s. 877.112, F.S.; conforming provisions to
45 changes made by the act; revising penalties; providing
46 an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Sections 322.055, 322.056, 322.057, 812.0155,
51 and 832.09, Florida Statutes, are repealed.
52 Section 2. Subsection (11) of section 322.05, Florida
53 Statutes, is amended to read:
54 322.05 Persons not to be licensed.—The department may not
55 issue a license:
56 (11) To any person who is ineligible under s. 322.056.
57 Section 3. Subsection (7) of section 322.251, Florida
58 Statutes, is amended to read:
59 322.251 Notice of cancellation, suspension, revocation, or
60 disqualification of license.—
61 (7)(a) A person whose driving privilege is suspended or
62 revoked pursuant to s. 832.09 shall be notified, pursuant to
63 this section, and the notification shall direct the person to
64 surrender himself or herself to the sheriff who entered the
65 warrant to satisfy the conditions of the warrant. A person whose
66 driving privilege is suspended or revoked under this subsection
67 shall not have his or her driving privilege reinstated for any
68 reason other than:
69 1. Full payment of any restitution, court costs, and fees
70 incurred as a result of a warrant or capias being issued
71 pursuant to s. 832.09;
72 2. The cancellation of the warrant or capias from the
73 Department of Law Enforcement recorded by the entering agency;
74 and
75 3. The payment of an additional fee of $10 to the
76 Department of Highway Safety and Motor Vehicles to be paid into
77 the Highway Safety Operating Trust Fund; or
78 4. The department has modified the suspension or revocation
79 of the license pursuant to s. 322.271 restoring the driving
80 privilege solely for business or employment purposes.
81 (b) The Department of Law Enforcement shall provide
82 electronic access to the department for the purpose of
83 identifying any person who is the subject of an outstanding
84 warrant or capias for passing worthless bank checks.
85 Section 4. Paragraph (a) of subsection (1) and paragraph
86 (c) of subsection (2) of section 562.11, Florida Statutes, are
87 amended to read:
88 562.11 Selling, giving, or serving alcoholic beverages to
89 person under age 21; providing a proper name; misrepresenting or
90 misstating age or age of another to induce licensee to serve
91 alcoholic beverages to person under 21; penalties.—
92 (1)(a)1. A person may not sell, give, serve, or permit to
93 be served alcoholic beverages to a person under 21 years of age
94 or permit a person under 21 years of age to consume such
95 beverages on the licensed premises. A person who violates this
96 paragraph subparagraph commits a misdemeanor of the second
97 degree, punishable as provided in s. 775.082 or s. 775.083. A
98 person who violates this paragraph subparagraph a second or
99 subsequent time within 1 year after a prior conviction commits a
100 misdemeanor of the first degree, punishable as provided in s.
101 775.082 or s. 775.083.
102 2. In addition to any other penalty imposed for a violation
103 of subparagraph 1., the court may order the Department of
104 Highway Safety and Motor Vehicles to withhold the issuance of,
105 or suspend or revoke, the driver license or driving privilege,
106 as provided in s. 322.057, of any person who violates
107 subparagraph 1. This subparagraph does not apply to a licensee,
108 as defined in s. 561.01, who violates subparagraph 1. while
109 acting within the scope of his or her license or an employee or
110 agent of a licensee, as defined in s. 561.01, who violates
111 subparagraph 1. while engaged within the scope of his or her
112 employment or agency.
113 3. A court that withholds the issuance of, or suspends or
114 revokes, the driver license or driving privilege of a person
115 pursuant to subparagraph 2. may direct the Department of Highway
116 Safety and Motor Vehicles to issue the person a license for
117 driving privilege restricted to business purposes only, as
118 defined in s. 322.271, if he or she is otherwise qualified.
119 (2) It is unlawful for any person to misrepresent or
120 misstate his or her age or the age of any other person for the
121 purpose of inducing any licensee or his or her agents or
122 employees to sell, give, serve, or deliver any alcoholic
123 beverages to a person under 21 years of age, or for any person
124 under 21 years of age to purchase or attempt to purchase
125 alcoholic beverages.
126 (c) In addition to any other penalty imposed for a
127 violation of this subsection, if a person uses a driver license
128 or identification card issued by the Department of Highway
129 Safety and Motor Vehicles in violation of this subsection, the
130 court:
131 1. may order the person to participate in public service or
132 a community work project for a period not to exceed 40 hours;
133 and
134 2. Shall direct the Department of Highway Safety and Motor
135 Vehicles to withhold issuance of, or suspend or revoke, the
136 person’s driver license or driving privilege, as provided in s.
137 322.056.
138 Section 5. Subsection (3) of section 562.111, Florida
139 Statutes, is amended to read:
140 562.111 Possession of alcoholic beverages by persons under
141 age 21 prohibited.—
142 (3) In addition to any other penalty imposed for a
143 violation of subsection (1), the court shall direct the
144 Department of Highway Safety and Motor Vehicles to withhold
145 issuance of, or suspend or revoke, the violator’s driver license
146 or driving privilege, as provided in s. 322.056.
147 Section 6. Subsections (1) and (2) of section 569.11,
148 Florida Statutes, are amended to read:
149 569.11 Possession, misrepresenting age or military service
150 to purchase, and purchase of tobacco products by persons under
151 18 years of age prohibited; penalties; jurisdiction; disposition
152 of fines.—
153 (1) It is unlawful for any person under 18 years of age to
154 knowingly possess any tobacco product. Any person under 18 years
155 of age who violates the provisions of this subsection commits a
156 noncriminal violation as provided in s. 775.08(3), punishable
157 by:
158 (a) For a first violation, 16 hours of community service
159 or, instead of community service, a $25 fine. In addition, the
160 person must attend a school-approved anti-tobacco program, if
161 locally available; or
162 (b) For a second or subsequent violation within 12 weeks
163 after of the first violation, a $25 fine; or
164 (c) For a third or subsequent violation within 12 weeks of
165 the first violation, the court must direct the Department of
166 Highway Safety and Motor Vehicles to withhold issuance of or
167 suspend or revoke the person’s driver license or driving
168 privilege, as provided in s. 322.056.
169
170 Any second or subsequent violation not within the 12-week time
171 period after the first violation is punishable as provided for a
172 first violation.
173 (2) It is unlawful for any person under 18 years of age to
174 misrepresent his or her age or military service for the purpose
175 of inducing a dealer or an agent or employee of the dealer to
176 sell, give, barter, furnish, or deliver any tobacco product, or
177 to purchase, or attempt to purchase, any tobacco product from a
178 person or a vending machine. Any person under 18 years of age
179 who violates a provision of this subsection commits a
180 noncriminal violation as provided in s. 775.08(3), punishable
181 by:
182 (a) For a first violation, 16 hours of community service
183 or, instead of community service, a $25 fine and, in addition,
184 the person must attend a school-approved anti-tobacco program,
185 if available; or
186 (b) For a second or subsequent violation within 12 weeks
187 after of the first violation, a $25 fine; or
188 (c) For a third or subsequent violation within 12 weeks of
189 the first violation, the court must direct the Department of
190 Highway Safety and Motor Vehicles to withhold issuance of or
191 suspend or revoke the person’s driver license or driving
192 privilege, as provided in s. 322.056.
193
194 Any second or subsequent violation not within the 12-week time
195 period after the first violation is punishable as provided for a
196 first violation.
197 Section 7. Subsection (5) of section 790.22, Florida
198 Statutes, is amended to read:
199 790.22 Use of BB guns, air or gas-operated guns, or
200 electric weapons or devices by minor under 16; limitation;
201 possession of firearms by minor under 18 prohibited; penalties.—
202 (5)(a) A minor who violates subsection (3) commits a
203 misdemeanor of the first degree; for a first offense, may serve
204 a period of detention of up to 3 days in a secure detention
205 facility; and, in addition to any other penalty provided by law,
206 shall be required to perform 100 hours of community service;
207 and:
208 1. If the minor is eligible by reason of age for a driver
209 license or driving privilege, the court shall direct the
210 Department of Highway Safety and Motor Vehicles to revoke or to
211 withhold issuance of the minor’s driver license or driving
212 privilege for up to 1 year.
213 2. If the minor’s driver license or driving privilege is
214 under suspension or revocation for any reason, the court shall
215 direct the Department of Highway Safety and Motor Vehicles to
216 extend the period of suspension or revocation by an additional
217 period of up to 1 year.
218 3. If the minor is ineligible by reason of age for a driver
219 license or driving privilege, the court shall direct the
220 Department of Highway Safety and Motor Vehicles to withhold
221 issuance of the minor’s driver license or driving privilege for
222 up to 1 year after the date on which the minor would otherwise
223 have become eligible.
224 (b) For a second or subsequent offense, a minor who
225 violates subsection (3) commits a felony of the third degree and
226 shall serve a period of detention of up to 15 days in a secure
227 detention facility and shall be required to perform not less
228 than 100 nor more than 250 hours of community service, and:
229 1. If the minor is eligible by reason of age for a driver
230 license or driving privilege, the court shall direct the
231 Department of Highway Safety and Motor Vehicles to revoke or to
232 withhold issuance of the minor’s driver license or driving
233 privilege for up to 2 years.
234 2. If the minor’s driver license or driving privilege is
235 under suspension or revocation for any reason, the court shall
236 direct the Department of Highway Safety and Motor Vehicles to
237 extend the period of suspension or revocation by an additional
238 period of up to 2 years.
239 3. If the minor is ineligible by reason of age for a driver
240 license or driving privilege, the court shall direct the
241 Department of Highway Safety and Motor Vehicles to withhold
242 issuance of the minor’s driver license or driving privilege for
243 up to 2 years after the date on which the minor would otherwise
244 have become eligible.
245
246 For the purposes of this subsection, community service shall be
247 performed, if possible, in a manner involving a hospital
248 emergency room or other medical environment that deals on a
249 regular basis with trauma patients and gunshot wounds.
250 Section 8. Subsections (7) and (8) of section 806.13,
251 Florida Statutes, are amended to read:
252 806.13 Criminal mischief; penalties; penalty for minor.—
253 (7) In addition to any other penalty provided by law, if a
254 minor is found to have committed a delinquent act under this
255 section for placing graffiti on any public property or private
256 property, and:
257 (a) The minor is eligible by reason of age for a driver
258 license or driving privilege, the court shall direct the
259 Department of Highway Safety and Motor Vehicles to revoke or
260 withhold issuance of the minor’s driver license or driving
261 privilege for not more than 1 year.
262 (b) The minor’s driver license or driving privilege is
263 under suspension or revocation for any reason, the court shall
264 direct the Department of Highway Safety and Motor Vehicles to
265 extend the period of suspension or revocation by an additional
266 period of not more than 1 year.
267 (c) The minor is ineligible by reason of age for a driver
268 license or driving privilege, the court shall direct the
269 Department of Highway Safety and Motor Vehicles to withhold
270 issuance of the minor’s driver license or driving privilege for
271 not more than 1 year after the date on which he or she would
272 otherwise have become eligible.
273 (8) A minor whose driver license or driving privilege is
274 revoked, suspended, or withheld under subsection (7) may elect
275 to reduce the period of revocation, suspension, or withholding
276 by performing community service at the rate of 1 day for each
277 hour of community service performed. In addition, if the court
278 determines that due to a family hardship, the minor’s driver
279 license or driving privilege is necessary for employment or
280 medical purposes of the minor or a member of the minor’s family,
281 the court shall order the minor to perform community service and
282 reduce the period of revocation, suspension, or withholding at
283 the rate of 1 day for each hour of community service performed.
284 As used in this subsection, the term “community service” means
285 cleaning graffiti from public property.
286 Section 9. Subsections (3) and (5) of section 812.014,
287 Florida Statutes, are amended to read:
288 812.014 Theft.—
289 (3)(a) Theft of any property not specified in subsection
290 (2) is petit theft of the second degree and a misdemeanor of the
291 second degree, punishable as provided in s. 775.082 or s.
292 775.083, and as provided in subsection (5), as applicable.
293 (b) A person who commits petit theft and who has previously
294 been convicted of any theft commits a misdemeanor of the first
295 degree, punishable as provided in s. 775.082 or s. 775.083.
296 (c) A person who commits petit theft and who has previously
297 been convicted two or more times of any theft commits a felony
298 of the third degree, punishable as provided in s. 775.082 or s.
299 775.083.
300 (d)1. Every judgment of guilty or not guilty of a petit
301 theft shall be in writing, signed by the judge, and recorded by
302 the clerk of the circuit court. The judge shall cause to be
303 affixed to every such written judgment of guilty of petit theft,
304 in open court and in the presence of such judge, the
305 fingerprints of the defendant against whom such judgment is
306 rendered. Such fingerprints shall be affixed beneath the judge’s
307 signature to such judgment. Beneath such fingerprints shall be
308 appended a certificate to the following effect:
309
310 “I hereby certify that the above and foregoing fingerprints
311 on this judgment are the fingerprints of the defendant, ....,
312 and that they were placed thereon by said defendant in my
313 presence, in open court, this the .... day of ....,
314 ...(year)....”
315
316 Such certificate shall be signed by the judge, whose signature
317 thereto shall be followed by the word “Judge.”
318 2. Any such written judgment of guilty of a petit theft, or
319 a certified copy thereof, is admissible in evidence in the
320 courts of this state as prima facie evidence that the
321 fingerprints appearing thereon and certified by the judge are
322 the fingerprints of the defendant against whom such judgment of
323 guilty of a petit theft was rendered.
324 (5)(a) A No person may not shall drive a motor vehicle so
325 as to cause it to leave the premises of an establishment at
326 which gasoline offered for retail sale was dispensed into the
327 fuel tank of such motor vehicle unless the payment of authorized
328 charge for the gasoline dispensed has been made. A violation of
329 this subsection is punishable as provided in subsection (3)
330 (b) In addition to the penalties prescribed in paragraph
331 (3)(a), every judgment of guilty of a petit theft for property
332 described in this subsection shall provide for the suspension of
333 the convicted person’s driver license. The court shall forward
334 the driver license to the Department of Highway Safety and Motor
335 Vehicles in accordance with s. 322.25.
336 1. The first suspension of a driver license under this
337 subsection shall be for a period of up to 6 months.
338 2. The second or subsequent suspension of a driver license
339 under this subsection shall be for a period of 1 year.
340 Section 10. Paragraph (a) of subsection (3) of section
341 847.0141, Florida Statutes, is amended to read:
342 847.0141 Sexting; prohibited acts; penalties.—
343 (3) A minor who violates subsection (1):
344 (a) Commits a noncriminal violation for a first violation.
345 The minor must sign and accept a citation indicating a promise
346 to appear before the juvenile court. In lieu of appearing in
347 court, the minor may complete 8 hours of community service work,
348 pay a $60 civil penalty, or participate in a cyber-safety
349 program if such a program is locally available. The minor must
350 satisfy any penalty within 30 days after receipt of the
351 citation.
352 1. A citation issued to a minor under this subsection must
353 be in a form prescribed by the issuing law enforcement agency,
354 must be signed by the minor, and must contain all of the
355 following:
356 a. The date and time of issuance.
357 b. The name and address of the minor to whom the citation
358 is issued.
359 c. A thumbprint of the minor to whom the citation is
360 issued.
361 d. Identification of the noncriminal violation and the time
362 it was committed.
363 e. The facts constituting reasonable cause.
364 f. The specific section of law violated.
365 g. The name and authority of the citing officer.
366 h. The procedures that the minor must follow to contest the
367 citation, perform the required community service, pay the civil
368 penalty, or participate in a cyber-safety program.
369 2. If the citation is contested and the court determines
370 that the minor committed a noncriminal violation under this
371 section, the court may order the minor to perform 8 hours of
372 community service, pay a $60 civil penalty, or participate in a
373 cyber-safety program, or any combination thereof.
374 3. A minor who fails to comply with the citation waives his
375 or her right to contest it, and the court may impose any of the
376 penalties identified in subparagraph 2. or issue an order to
377 show cause. Upon a finding of contempt, the court may impose
378 additional age-appropriate penalties, which may include issuance
379 of an order to the Department of Highway Safety and Motor
380 Vehicles to withhold issuance of, or suspend the driver license
381 or driving privilege of, the minor for 30 consecutive days.
382 However, the court may not impose incarceration.
383 Section 11. Subsections (6) and (7) of section 877.112,
384 Florida Statutes, are amended to read:
385 877.112 Nicotine products and nicotine dispensing devices;
386 prohibitions for minors; penalties; civil fines; signage
387 requirements; preemption.—
388 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
389 NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any
390 person under 18 years of age to knowingly possess any nicotine
391 product or a nicotine dispensing device. Any person under 18
392 years of age who violates this subsection commits a noncriminal
393 violation as defined in s. 775.08(3), punishable by:
394 (a) For a first violation, 16 hours of community service
395 or, instead of community service, a $25 fine. In addition, the
396 person must attend a school-approved anti-tobacco and nicotine
397 program, if locally available; or
398 (b) For a second or subsequent violation within 12 weeks
399 after of the first violation, a $25 fine; or
400 (c) For a third or subsequent violation within 12 weeks of
401 the first violation, the court must direct the Department of
402 Highway Safety and Motor Vehicles to withhold issuance of or
403 suspend or revoke the person’s driver license or driving
404 privilege, as provided in s. 322.056.
405
406 Any second or subsequent violation not within the 12-week time
407 period after the first violation is punishable as provided for a
408 first violation.
409 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
410 any person under 18 years of age to misrepresent his or her age
411 or military service for the purpose of inducing a retailer of
412 nicotine products or nicotine dispensing devices or an agent or
413 employee of such retailer to sell, give, barter, furnish, or
414 deliver any nicotine product or nicotine dispensing device, or
415 to purchase, or attempt to purchase, any nicotine product or
416 nicotine dispensing device from a person or a vending machine.
417 Any person under 18 years of age who violates this subsection
418 commits a noncriminal violation as defined in s. 775.08(3),
419 punishable by:
420 (a) For a first violation, 16 hours of community service
421 or, instead of community service, a $25 fine and, in addition,
422 the person must attend a school-approved anti-tobacco and
423 nicotine program, if available; or
424 (b) For a second or subsequent violation within 12 weeks
425 after of the first violation, a $25 fine; or
426 (c) For a third or subsequent violation within 12 weeks of
427 the first violation, the court must direct the Department of
428 Highway Safety and Motor Vehicles to withhold issuance of or
429 suspend or revoke the person’s driver license or driving
430 privilege, as provided in s. 322.056.
431
432 Any second or subsequent violation not within the 12-week time
433 period after the first violation is punishable as provided for a
434 first violation.
435 Section 12. This act shall take effect July 1, 2019.
