Proposed jury instructions dealing with driver’s license violations

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first_imgCATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Comment This instruction was first adopted in 2005. This instruction was adopted in 1981 , and amended in 2005. Proposal 2 28.9(a) NO VALID COMMERCIAL DRIVER’S LICENSE § 322.03, Fla.Stat. To prove the crime of No Valid Commercial Driver’s License, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) drove a commercial motor vehicle upon a highway in this state. 2.At the time, the defendant did not have a valid commercial driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida. This instruction was first adopted in 1981 , and amended in 2005 to reflect Laws of Florida 97-300, Section 40, effective October 1, 1997, but see Gillman v. State , 860 So.2d 1099 (Fla. 1st DCA 2003), at footnote 1. Proposal 4 28.11(a) DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER § 322.34(5), Fla. Stat. To prove the crime of Driving While License Revoked as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, (Defendant’s) license was revoked as a habitual traffic offender . Definitions § 322.01 (15), Fla. Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. 322.01(26), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped”, (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails), but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle . § 322.01(38), Fla. Stat. “Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. “Habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety an Motor Vehicles, shows that [he][she] has been designated a Habitual Traffic Offender, resulting in [his][her] privilege to drive a motor vehicle having been revoked. § 322.01(35), Fla. Stat . “Revoked” means the privilege to drive a motor vehicle has been terminated. Optional Definition “Actual physical control” of a vehicle” means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. Lesser Included Offenses No Valid Driver’s License322.0328.9 October 15, 2005 Notices CATEGORY ONECATEGORY TWO FLA. STATINS. NO. Lesser Included Offenses No Valid Driver’s License322.03 28.9 No lesser included offenses have been identified for this offense. Comment No Valid Driver’s License322.0328.9 § 322.01 (10 ) (38) , Fla.Stat. 3. “Highway” means the entire width between the boundary lines of every way or place publicly maintained when if any part thereof is open to the use of the public for purposes of vehicular travel traffic . Optional Definitions 1. “Expired” means the license was not renewed on or before the expiration date. § 322.01 (12)(a ), (39) , Fla.Stat. 2. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01 (12)(b), (35), Fla.Stat. 3. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01 (12)(c ), (5) ,Fla.Stat. 4. “Canceled” means that a license which was issued through error or fraud has been declared void and terminated. “Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. SUSPENDED, REVOKED OR CANCELED LICENSE ─ § 322.34 center_img Proposed jury instructions dealing with driver’s license violations Definitions §322.01(15), Fla.Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. 322.01(26), Fla. Stat. “Motor vehicle” means any vehicle which is self-propelled, including a “moped”, (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails) , but not including any vehicle moved solely by human power, motorized wheelchairs or motorized bicycles. §322.01(8), Fla. Stat. “Commercial motor vehicle” means any motor vehicle used on the streets or highways, which: a.Has a gross vehicle weight rating of 26,001 pounds or more; b.Has a declared weight of 26,001 pounds or more; c.Has an actual weight of 26,001 pound or more; d.Is designed to transport more than 15 persons, including the driver, or; e. Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F. §322.01(7), Fla. Stat. “Valid commercial driver’s license” means a Class A, Class B, or Class C driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida which has not expired, been suspended, revoked or canceled. § 322.01(38), Fla.Stat. “Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. Optional Definitions “Expired” means the license was not renewed on or before the expiration date. § 322.01(39), Fla.Stat. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01(35), Fla.Stat. “Revoked” means the privilege to drive a motor vehicle has been terminated. § 322.01(5), Fla.Stat. “Canceled” means that a license has been declared void and terminated. “Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. Lesser Included Offenses CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (NO. 2005-6), CASE NO. SC05-1651 Proposal 1 28.9 NO VALID OPERATOR’S OR CHAUFFEUR’S DRIVER’S LICENSE § 322.03, Fla.Stat. To prove the crime of No Valid Operator’s or Chauffeur’s Driver’s License, the State must prove the following two elements beyond a reasonable doubt : 1. (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, tThe defendant did not have a valid operator’s or chauffeur’sdriver’s license issuedrecognized by the Department of Highway Safety and Motor Vehicles of the State of Florida. Comment This instructions was first adopted in 2005. Proposal 32 8.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED LICENSE ,WITH KNOWLEDGE § 322.34, Fla. Stat. To prove the crime of Driving While his Operator’s or Chauffeur’s [ License ] [ or Driving Privilege ] [Suspended], [Revoked], [Canceled], is [Canceled]. [Suspended], [Revoked], the State must prove the following three elements beyond a reasonable doubt : 1. (Defendant) drove a motor vehicle upon a highway in this state. 2. At the time, (Defendant’s) His [ license ] or [ driving privilege ] was [suspended] [revoked] [canceled]. [canceled], [suspended], [revoked]. 3. Notice of [cancellation], [suspension], [revocation] was given to the defendant. At the time (Defendant) drove a motor vehicle upon a highway in this state, (Defendant) knew that [his] [her] [license] [driving privilege] was [suspended], [revoked], [canceled]. Whether (Defendant) knew of the [suspension] [revocation] [cancellation] is a question to be determined by you from the evidence. Give as applicable. See Fla. Stat. 322.251(1), (2), and 322.34(2), (3), (4). Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was given by personal delivery is proof that such notice was given. Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was deposited in United States mail, first class postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department, is proof that such notice was sent. If you find that (Defendant) had been previously cited for driving while license [suspended] [revoked] [canceled], you may conclude that (Defendant) knew of the [suspension] [revocation] [cancellation]. If you find that (Defendant) admitted to knowing of the [suspension] [revocation] [cancellation], you may conclude that (Defendant) knew of the [suspension] [revocation] [cancellation]. If you find that (Defendant) had received a traffic citation that contained a provision notifying (Defendant) that [his] [her] license had been suspended, revoked, or cancelled, you may conclude that (Defendant) knew of the [suspension] [revocation] [cancellation]. Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See Fla. Stat. 322.34(2), 322.251(1), (2). If you find that (Defendant) had received a [judgment] [order] rendered by [a court] [an adjudicatory body] which contained a provision notifying (Defendant) that [his] [her] license had been [suspended] [revoked] [cancelled], you may conclude that (Defendant) knew of the [suspension] [revocation] [cancellation]. If you find that the records of the Department of Highway Safety and Motor Vehicles include a [judgment] [order] rendered by [a court] [an adjudicatory body] which contains a provision notifying (Defendant) that [his] [her] license had been [suspended], [revoked] [cancelled], you are permitted to assume that (Defendant) knew [his] [her] license was [suspended] [revoked] [canceled]. This presumption, however, is rebuttable, and you may accept or reject the presumption depending upon the circumstances of he crime and the facts presented at trial. Definitions § 322.01 (15), Fla. Stat. 1. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. § 322.01(2 6 ), Fla. Stat. 1. 2. “Motor vehicle” means any vehicle which is self-propelled , including a “moped,” (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails) excluding any bicycle but including any “moped ” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle . § 322.01 (10) (38) , Fla. Stat. 2 . 3. “Highway” means the entire width between the boundary lines of every way or place publicly maintained when if any part thereof is open to the use of the public for purposes of vehicular travel traffic . § 322.251, Fla. Stat. 3. “Notice” means personal delivery or deposit in the United States mail in an envelope marked certified mail, postage prepaid, addressed to the defendant at his last known address furnished to the Department of Highway Safety and Motor Vehicles. Mailing by the department shall constitute notification. Optional Definitions § 322.01 (12) (c) (5) , Fla. Stat. 3. “Canceled” means that a license which was issued through error or fraud has been declared void and terminated. § 322.01 (12) (a) (39) , Fla. Stat. 1. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. § 322.01 (12) (b) (35) , Fla. Stat. 2. “Revoked” means the privilege to drive a motor vehicle has been terminated. “Actual physical control” of a vehicle” means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. § 322.251(1), Fla. Stat. Failure by the defendant to receive the mailed order shall not affect or stay the effective date or term of the [cancellation], [suspension], [revocation] of the defendant’s driving privilege. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment Proposed jury instructions dealing with driver’s license violations The Supreme Court Committee on Standard Jury Instructions in Criminal Cases has submitted to the Florida Supreme Court a report proposing revisions to the Florida Standard Jury Instructions in Criminal Cases. The Committee proposes revisions to Instruction 28.9 – No Valid Driver’s License; and Instruction 28.11 – Suspended, Revoked or Cancelled License. The Committee also proposes new Instruction 28.9(a) – No Valid Commercial Driver’s License; and new Instruction 28.11(a) – Driving While License Revoked as a Habitual Traffic Offender. The Court invites all interested persons to comment on the committee’s proposals, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before November 15, 2005, with a certificate of service verifying that a copy has been served on the committee chair, The Honorable Dedee S. Costello, Bay County Courthouse, P.O. Box 1089, Panama City, FL 32402-1089, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA Definitions §322.01(15), Fla.Stat. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. §§ 316.003(2), & 316.003(21), 322.01(26), Fla.Stat. 1. “Motor vehicle” means any vehicle which is self-propelled , including a “moped”, (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails) , but not including any bicycle or “moped” vehicle moved solely by human power, motorized wheelchair or motorized bicycle . 2. “Valid operator’s or chauffeur’sdriver’s license” ismeans aoperator’s or chauffeur’sdriver’s license received fromrecognized by the department which has not expired, been suspended, revoked or canceled. No Valid Commercial Drivers License –§ 322.03 Driving While License Revoked as a Habitual Traffic Offender ─ § 322.34(5), Fla. Stat.last_img read more

Know your options in credit card processing: In-house vs. outsourced

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first_img 9SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Jennifer Addabbo Jennifer Addabbo, co-founder and Partner of CU Engage has over 12 years of experience working with banks and credit unions in a variety of capacities. She spent 8 years at … Web: www.cuengage.com Details Be honest about the strengths and weaknesses among your credit union team.Operations: who owns the card portfolio? Who is responsible for balancing? For analysis? Today, many of us conduct the majority of our lives from our mobile phones. Running data “in the cloud” no longer means a meteorological phenomenon.   A variety of card processors have entered the market, providing you with more choices.   Integration between card platforms and the core is much better and often includes seamless access to member data. In the Rewards arena, probably the most interesting players are new third-party rewards vendors that rely less on transactions and more on the total member relationship.Inside credit unions, you must keep the member at the center of every credit union decision in order to remain relevant. Technology and operations are more intertwined than ever. The old island life of card operations is long-gone, and credit cards are an important part of overall lending strategy. Among management teams, technology innovation and integration are top of mind. Tremendous data is available about the member, like how and where they shop. Credit unions are asking “how do we leverage that data to make it meaningful for us and to provide a better value proposition to our members?” As a result, credit unions require better core integration, more flexibility, and a comprehensive feature set.Members are using credit union credit cards more than ever before. In 2014, penetration rates reached almost 18% across the industry (source: Callahan 2014 Supplier Market Share Guide: Credit Union Card Payments). At the same time, they have more technological savvy. They demand access to real-time transaction data, and most credit unions can comply. New technology features like mobile access and NFC are appealing to Gen-Y. Finally, members use the wide variety of Rewards redemption offers available today, including merchandise, travel, and cash back.Considering Your Options for the FutureThe full service model isn’t the best fit for every credit union, and neither is in-house processing. The good news is that there are many choices available, regardless of credit union size.Some full service players have unveiled an “integrated” full service model that gives credit unions more control while keeping the primary responsibilities with the processor.  The cost of processing in-house has gone down considerably. Some core processing systems have made integration with credit card data straightforward enough that it is possible to run a credit program without staffing a large department to do so.What’s the Best Approach?It is important to take internal operations capacity into account when considering your card processing options. Member services, marketing, and Accounting will be impacted. Your current (and future) core processing system and how it works with payment processing systems is also an important consideration.   Look to answer these important questions as you weigh the pros and cons of in-house and full service card processing:What are you trying to accomplish: Is it growing the portfolio? Offering more features? Improved reporting? All of the above?How do members access your products today? Do you want want change that?How do payment products interact with channels? Technology – in-house processing requires a higher level of IT proficiency. Some of that work can be outsourced, but not all of it. Fasten your seatbelts, ladies and gentlemen: digital disruption is alive and well in credit card processing. Financial institutions are racing to remain relevant, as consumer patience dwindles and competition from non-traditional providers increases. Meanwhile, new technologies like EMV, Tokenization, and Apple Pay proliferate, and legacy platforms struggle to keep up with the competition. Credit unions need to meet the needs of the 2015 member, and at the same time they have to manage expenses and consider operational efficiency. More and more, part of your strategic review includes an evaluation of card processing providers. Specifically, we are asked every week about ways that credit unions can have greater flexibility and control, while they manage costs and most importantly offer new features to their members. Looking at the differences between in-house and outsourced (called “full service”) processing is a common thread throughout the industry today.The Year 2000: When Technology was “Simple”Let’s take a walk down memory lane: the year is 2000. You are at your desk, marveling at the wonders of Blackberry as a pager/email device. The word “cloud” still conjured visions of fluffy cumulus clouds in the summer sky.In the card industry, there were only a couple of viable vendors and the functionality they offered was very similar. Integration to the core was limited. Core processing providers were reticent to open their code to third parties, because they believed it weakened their position with credit union clients. Card rewards were an available feature, but creating and making changes to the program was nearly impossible.Credit unions did not give credit cards a lot of attention. Credit cards were widely accepted as a marketing tool to attract new members away from banks, but Executive team involvement often ended there. Often, card operations were floating on an island separate from main lending functions. It was difficult to determine who owned portfolio performance. Cardholder retention strategies usually included Rewards, but there was internal dissension about how to structure the program in a profitable way for the credit union.Members were indeed attracted by their credit union credit card offers, but utilization was often weak because there were limited features available. Transaction information was available in online banking, but only batch processing was supported, which meant that transaction data was one or two days old. Rewards seemed like a good idea, but redemption choices were limited and credit unions didn’t support “householding” (where members of the same family with different cards can combine points).All of these factors led most credit unions select to select companies that offered “full service” or outsourcing solutions for credit cards. Credit unions still had control of their members’ card accounts, receivables, income and expenses.   Meanwhile, the processors handled the heavy lifting responsibilities of authorizations, balances, and transaction posting. Another benefit of full-service in those days was that most compliance burden stayed with the processor.Fifteen years ago, only the biggest credit unions ran credit card processing internally. It was expensive and complicated. To run cards in-house required substantial resources at all levels of the organization, including Management, Operations, Compliance, Accounting and IT.Fast Forward to 2015Yes, the times have since changed, with that change comes confusion and that confusion causes disruption. In the midst of such disruption, however, credit unions have tremendous opportunities, specifically as they relate to deciding between in-house and outsourcing payment processing for credit and debit. Work with a consulting group that thoroughly understands the nuances and pricing structure of providers in the market. A third-party can provide an invaluable window into operations and the reality of those vendor promises.Moving ForwardAt the end of the day, members want convenience, flexibility, and innovation. You need to differentiate based on service, while keeping costs low and operational efficiency high. Vendors are making strides to improve the member and credit union experience through integration.CU Engage recently conducted a webinar reviewing the differences in the options between in house and outsourced processing. Email [email protected] to receive a free recording of this webinar.As you evaluate the differences between full service and in house processing, don’t limit your options based on current contract terms. There are many options available, and vendors can offer big incentives to break current agreements.   Now is a perfect time to review your contracts. Contact CU Engage at [email protected] for a FREE vendor assessment. We will review your current contract terms and pricing and provide advice on a future course of action. Push for details about integration between your core processor and payments functionality. Ask for references that are configured similarly, and visit or at least talk to those credit unions.How do members access your products?Is there consistency around providing service where and when your members want it?last_img read more