Bill Text: FL S0914 | 2012 | Regular Session | Comm Sub
Bill Title: Suspension of Driver Licenses and Motor Vehicle Registrations
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S0914 Detail]
Download: Florida-2012-S0914-Comm_Sub.html
Florida Senate - 2012 CS for SB 914 By the Committee on Children, Families, and Elder Affairs; and Senator Oelrich 586-03827-12 2012914c1 1 A bill to be entitled 2 An act relating to suspension of driver licenses and 3 motor vehicle registrations; amending s. 61.13016, 4 F.S.; revising provisions providing for an obligor who 5 is delinquent in support payments to petition the 6 circuit court to direct the Department of Highway 7 Safety and Motor Vehicles to issue to the obligor a 8 driver license restricted to business purposes only; 9 requiring that the court, before approving a schedule 10 for an obligor’s delinquent support payments, find 11 that the obligor has the present ability to pay the 12 child support arrearage and support obligation; 13 requiring that the court direct the Department of 14 Highway Safety and Motor Vehicles to suspend the 15 obligor’s driver license if the obligor fails to 16 comply with the schedule of payments and if the 17 obligor has the ability to pay; specifying that an 18 obligor whose license and registration have been 19 suspended may apply to the court for a license for 20 business purposes only if the obligor agrees to make 21 payments against the arrearage; amending s. 322.058, 22 F.S.; requiring that the Department of Highway Safety 23 and Motor Vehicles reinstate the driving privilege and 24 allow the registration of a motor vehicle of a person 25 who has a delinquent support obligation or who has 26 failed to comply with a subpoena, order to appear, 27 order to show cause, or similar order, if the Title 28 IV-D agency in IV-D cases, or the depository or the 29 clerk of the court in non-IV-D cases, provides 30 electronic notification to the department stating that 31 the court has directed that the person be issued a 32 driver license restricted to business purposes only; 33 providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 61.13016, Florida Statutes, is amended 38 to read: 39 61.13016 Suspension of driverdriver’slicenses and motor 40 vehicle registrations.— 41 (1) The driverdriver’slicense and motor vehicle 42 registration of a support obligor who is delinquent in payment 43 or who has failed to comply with subpoenas or a similar order to 44 appear or show cause relating to paternity or support 45 proceedings may be suspended. When an obligor is 15 days 46 delinquent making a payment in support or failure to comply with 47 a subpoena, order to appear, order to show cause, or similar 48 order in IV-D cases, the Title IV-D agency may provide notice to 49 the obligor of the delinquency or failure to comply with a 50 subpoena, order to appear, order to show cause, or similar order 51 and the intent to suspend by regular United States mail that is 52 posted to the obligor’s last address of record with the 53 Department of Highway Safety and Motor Vehicles. When an obligor 54 is 15 days delinquent in making a payment in support in non-IV-D 55 cases, and upon the request of the obligee, the depository or 56 the clerk of the court must provide notice to the obligor of the 57 delinquency and the intent to suspend by regular United States 58 mail that is posted to the obligor’s last address of record with 59 the Department of Highway Safety and Motor Vehicles.In either60case,The notice must state: 61 (a) The terms of the order creating the support obligation; 62 (b) The period of the delinquency and the total amount of 63 the delinquency as of the date of the notice or describe the 64 subpoena, order to appear, order to show cause, or other similar 65 order thatwhichhas not been complied with; 66 (c) That notification will be given to the Department of 67 Highway Safety and Motor Vehicles to suspend the obligor’s 68 driverdriver’slicense and motor vehicle registration unless, 69 within 20 days after the date the notice is mailed, the obligor: 70 1.a. Pays the delinquency in full and any other costs and 71 fees accrued between the date of the notice and the date the 72 delinquency is paid; 73 b. Enters into a written agreement for payment with the 74 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 75 cases; or in IV-D cases, complies with a subpoena or order to 76 appear, order to show cause, or a similar order; or 77 c. Files a petition with the circuit court to contest the 78 delinquency action; and 79 2. Pays any applicable delinquency fees. 80 81 If the obligor in non-IV-D cases enters into a written agreement 82 for payment before the expiration of the 20-day period, the 83 obligor must provide a copy of the signed written agreement to 84 the depository or the clerk of the court. 85 (2)(a) If the obligor files aUponpetitionfiled by the86obligorin the circuit court within 20 days after the mailing 87 date of the notice, the court may, in its discretion,direct the 88 department to issue a license for driving privileges restricted 89 to business purposes only, as defined by s. 322.271, if the 90 person is otherwise qualified for such a license. As a condition 91 for the court to exercise its discretion under this subsection, 92 the obligor must agree to a schedule of payment on any child 93 support arrearages and to maintain current child support 94 obligations. Before approving the schedule of payment, the court 95 must find that the obligor has the present ability to pay the 96 schedule of payment for the child support arrearage and the 97 current child support obligation. 98 (b) If the obligor fails to comply with the schedule of 99 payment and if the obligor has the present ability to do so, the 100 court shall direct the Department of Highway Safety and Motor 101 Vehicles to suspend the obligor’s driverdriver’slicense. 102 (c)(b)The obligor must serve a copy of the petition on the 103 Title IV-D agency in IV-D cases or on the depository or the 104 clerk of the court in non-IV-D cases. When an obligor timely 105 files a petition to set aside a suspension, the court must hear 106 the matter within 15 days after the petition is filed. The court 107 must enter an order resolving the matter within 10 days after 108 the hearing, and a copy of the order must be served on the 109 parties. The timely filing of a petition under this subsection 110 stays the intent to suspend until the entry of a court order 111 resolving the matter. 112 (3) If the obligor does not, within 20 days after the 113 mailing date on the notice, pay the delinquency, enter into a 114 payment agreement, comply with the subpoena, order to appear, 115 order to show cause, or other similar order, or file a motion to 116 contest, the Title IV-D agency in IV-D cases, or the depository 117 or clerk of the court in non-IV-D cases, shall file the notice 118 with the Department of Highway Safety and Motor Vehicles and 119 request the suspension of the obligor’s driverdriver’slicense 120 and motor vehicle registration in accordance with s. 322.058. 121 (4) The obligor may, within 20 days after the mailing date 122 on the notice of delinquency or noncompliance and intent to 123 suspend, file in the circuit court a petition to contest the 124 notice of delinquency or noncompliance and intent to suspend on 125 the ground of mistake of fact regarding the existence of a 126 delinquency or the identity of the obligor. The obligor must 127 serve a copy of the petition on the Title IV-D agency in IV-D 128 cases or depository or clerk of the court in non-IV-D cases. 129 When an obligor timely files a petition to contest, the court 130 must hear the matter within 15 days after the petition is filed. 131 The court must enter an order resolving the matter within 10 132 days after the hearing, and a copy of the order must be served 133 on the parties. The timely filing of a petition to contest stays 134 the notice of delinquency and intent to suspend until the entry 135 of a court order resolving the matter. 136 (5) The procedures prescribed in this section and s. 137 322.058 may be used to enforce compliance with an order to 138 appear for genetic testing. 139 (6) A person whose driver license and registration have 140 been suspended under this section may petition for relief under 141 subsection (2). A petition under this subsection does not act as 142 a stay of any suspension. 143 Section 2. Subsection (2) of section 322.058, Florida 144 Statutes, is amended to read: 145 322.058 Suspension of driving privileges due to support 146 delinquency; reinstatement.— 147 (2)(a) The department must reinstate the full driving 148 privilege and allow registration of a motor vehicle when the 149 Title IV-D agency in IV-D cases or the depository or the clerk 150 of the court in non-IV-D cases provides to the department an 151 electronic notificationaffidavitstating that: 152 1.(a)The person has paid the delinquency; 153 2.(b)The person has reached a written agreement for 154 payment with the Title IV-D agency or the obligee in non-IV-D 155 cases; 156 3.(c)A court has entered an order granting relief to the 157 obligor ordering the reinstatement of the license and motor 158 vehicle registration; or 159 4.(d)The person has complied with the subpoena, order to 160 appear, order to show cause, or similar order. 161 (b) The department must reinstate the driving privilege 162 restricted to business purposes only and allow registration of a 163 motor vehicle when the Title IV-D agency in IV-D cases or the 164 depository or the clerk of the court in non-IV-D cases provides 165 to the department electronic notification stating that a court 166 has entered an order granting relief to the obligor ordering the 167 reinstatement of the license restricted to business purposes 168 only and motor vehicle registration pursuant to s. 61.13016(2) 169 or (6). 170 Section 3. This act shall take effect July 1, 2012.