Some Third Suspended License Violations No Longer Classified as Felonies

In a new law that takes effect on July 1, 2008, the Florida Legislature has reduced the potential penalties for certain third or subsequent driving with suspended, canceled or revoked license (DWLS) violations. The new law applies if the underlying suspension was for certain reasons, including: failing to pay traffic penalties, failure to pay child support, failing to maintain mandatory auto insurance, and having been designated as a habitual traffic offender (HTO – three violations within 5 years). The Legislature has apparently determined that many persons with multiple DWLS violations do not deserve to be classified as felons. Read on for more details.

Under prior law, a first DWLS violation was classified as a second degree misdemeanor (punishable by up to 60 days in jail); a second DWLS violation was a first degree misdemeanor (up to one year in jail); and a third or subsequent DWLS violation was a third degree felony (up to five years prison).

The new law lists certain types of suspensions, cancelations or revocations (failure to pay traffic fines, maintain insurance, etc.). A first DWLS violation involving one of the suspensions on the list is classified as a second degree misdemeanor; and a second or subsequent such violation is a first degree misdemeanor. Hence, the new law eliminates the third degree felony classification for a third or subsequent DWLS violation involving one of the listed types of license suspensions, cancelations or revocations.

The newly created first degree misdemeanor penalty will only be available to those drivers who do not have a prior forcible felony conviction.

The following is the list of qualifying suspensions, cancelations or revocations under the new law: (1) failing to pay child support as provided in s. 322.245 or s. 61.13016; (2) failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); (3) failing to comply with a civil penalty required in s. 318.15 (paying traffic tickets and fees); (4) failing to maintain vehicular financial responsibility as required by chapter 324; (5) failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or (6) having been designated as a habitual traffic offender under s. 322.264(1)(d) (DWLS three times in five years).

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