HB 1061

1
A bill to be entitled
2An act relating to unlawful operation of a motor vehicle;
3creating the "Michael Haligowski Memorial Traffic Safety
4Act"; amending s. 318.14, F.S.; authorizing the court to
5withhold adjudication of certain violations related to
6driving without a valid license if the person cited meets
7certain conditions; providing circumstances when the
8withholding of adjudication shall not be considered a
9conviction; amending s. 322.03, F.S.; requiring a written
10judgment signed by the judge and recorded by the clerk for
11cases involving a violation of requirements to possess a
12valid driver license; providing for content of the written
13judgment; requiring fingerprints of the defendant and a
14certificate to be affixed to the written judgment of
15conviction; providing for content of the certificate;
16providing that the written judgment shall be admissible as
17prima facie evidence that the fingerprints appearing
18thereon and certified by the judge are the fingerprints of
19the defendant; requiring the defendant's social security
20number to be affixed to the written judgment of conviction
21or the reason for its absence to be indicated; amending s.
22322.16, F.S.; prohibiting operation of a motor vehicle in
23violation of an ignition interlock device restriction
24imposed in the operator's driver license; providing
25penalties; providing an enhanced penalty for second and
26subsequent offenses; providing for an evidentiary
27presumption of prior convictions of specified violations
28of ignition interlock device restrictions; providing
29applicability; amending s. 322.251, F.S.; requiring
30certain information to be included with notice to a person
31whose driver license or driving privilege is being
32canceled, suspended, revoked, or disqualified; requiring
33the Department of Highway Safety and Motor Vehicles to
34make driver license status information available to the
35public through the Internet and a phone system; requiring
36the department to certify the availability of the
37information upon request by certain persons; amending s.
38322.34, F.S.; providing for application of certain penalty
39provisions for driving without a valid license to a person
40whose driver license or driving privilege has been
41disqualified; revising penalties for driving without a
42valid license or knowingly driving while driver license or
43driving privilege is canceled, suspended, revoked, or
44disqualified for specified alcohol-related or drug-related
45convictions or refusal to submit to certain testing;
46revising provisions for satisfaction of the element of
47knowledge; requiring a cancellation, suspension,
48revocation, or disqualification by the department or a
49uniform traffic citation to contain a provision notifying
50the person that his or her driver license or driving
51privilege has been canceled, suspended, revoked, or
52disqualified; requiring impoundment and immobilization
53information to be included with notice to a person whose
54driver license or driving privilege has been canceled,
55suspended, revoked, or disqualified; revising penalty
56provisions for a habitual offender driving while his or
57her license is revoked; revising circumstances for
58application of specified penalties for certain careless or
59negligent driving offenses; requiring a written judgment
60signed by the judge and recorded by the clerk for cases
61involving a violation of requirements to possess a valid
62driver license; providing for content of the written
63judgment; requiring fingerprints of the defendant and a
64certificate to be affixed to the written judgment of
65conviction; providing for content of the certificate;
66providing that the written judgment shall be admissible as
67prima facie evidence that the fingerprints appearing
68thereon and certified by the judge are the fingerprints of
69the defendant; requiring the defendant's social security
70number to be affixed to the written judgment of conviction
71or the reason for its absence to be indicated; amending s.
72322.34, F.S.; providing penalties for knowingly aiding a
73person whose driver license or driving privilege is
74canceled, suspended, revoked, or disqualified by providing
75a motor vehicle or authorizing use of a motor vehicle;
76providing for a rebuttable presumption of the knowledge
77requirement; requiring an officer stopping a motor vehicle
78being driven by or under the actual physical control of a
79person whose driver license or driving privilege is
80canceled, suspended, revoked, or disqualified to impound
81or immobilize the motor vehicle; providing for notice to
82the driver; providing for impoundment and immobilization
83of the motor vehicle by the department; providing for
84notice to registered owners of the motor vehicle and
85lienholders; authorizing the department to adopt rules
86providing for the department to commence impoundment or
87immobilization at the scene where the motor vehicle was
88stopped; providing procedures; providing for release of
89the motor vehicle; requiring department records to contain
90impoundment and immobilization information; providing for
91payment of costs; providing for certain fees for certain
92purposes; requiring the department to authorize release of
93the motor vehicle upon satisfaction of all requirements;
94providing for an impounded or immobilized motor vehicle
95that is found being operated upon any street or highway in
96this state during period of impoundment or immobilization
97to be seized and subject to forfeit; authorizing the
98department to contract with vendors; requiring the
99department to make driver license status information
100available to the public through the Internet and a phone
101system; authorizing the department to adopt rules;
102amending s. 322.341, F.S.; revising penalty provisions for
103a person who drives a motor vehicle when his or her driver
104license has been permanently revoked; directing the
105department to inform drivers whose license or driving
106privilege has been canceled, suspended, revoked, or
107disqualified and the motoring public of the provisions for
108impoundment and immobilization of motor vehicles under
109this act; providing effective dates.
110
111Be It Enacted by the Legislature of the State of Florida:
112
113     Section 1.  This act may be cited as the "Michael
114Haligowski Memorial Traffic Safety Act."
115     Section 2.  Subsection (11) of section 318.14, Florida
116Statutes, is amended to read:
117     318.14  Noncriminal traffic infractions; exception;
118procedures.--
119     (11)(a)  If adjudication is withheld for any person charged
120or cited under this section, pursuant to subsection (9) or
121subsection (10), such action is not a conviction.
122     (b)  If a person is cited for a violation of s.
123322.34(2)(a) or (b) with a license that has been suspended
124solely for failure to appear, failure to pay a civil penalty, or
125failure to attend a driver improvement course pursuant to s.
126322.291 and such person provides to the court a valid or
127reinstated driver's license and proper proof of maintenance of
128security as required by s. 316.646, the court may withhold
129adjudication pursuant to this subsection. If adjudication has
130not been withheld pursuant to this subsection for the 3 years
131before the date of the offense cited for, the withholding of
132adjudication for the offense cited for pursuant to this
133subsection is not a conviction.
134     Section 3.  Subsection (7) is added to section 322.03,
135Florida Statutes, to read:
136     322.03  Drivers must be licensed; penalties.--
137     (7)(a)  Every judgment for a violation of subsection (1),
138regardless of whether adjudication is withheld, shall be in
139writing, signed by the judge, and recorded by the clerk of the
140circuit court. The judge shall cause to be affixed to every such
141written judgment of conviction, in open court and in the
142presence of such judge, the fingerprints of the defendant
143against whom such judgment is rendered. Such fingerprints shall
144be affixed beneath the judge's signature to any such judgment.
145Beneath such fingerprints shall be appended a certificate to the
146following effect:
147
148"I hereby certify that the above and foregoing fingerprints are
149of the defendant, (name of defendant), and that they were placed
150thereon by said defendant in my presence, in open court, this
151the .... day of ...., (year)."
152     (b)  Such certificate shall be signed by the judge, whose
153signature thereto shall be followed by the word "Judge."
154     (c)  Any such written judgment, or a certified copy
155thereof, shall be admissible in evidence in the several courts
156of this state as prima facie evidence that the fingerprints
157appearing thereon and certified by the judge as aforesaid are
158the fingerprints of the defendant against whom such judgment was
159rendered.
160     (d)  At the time the defendant's fingerprints are taken,
161the judge shall also cause the defendant's social security
162number to be taken. The defendant's social security number shall
163be affixed to every written judgment of conviction in open
164court, in the presence of such judge, and at the time the
165judgment is rendered. If the defendant is unable or unwilling to
166provide his or her social security number, the reason for its
167absence shall be indicated on the written judgment.
168     Section 4.  Effective October 1, 2006, subsection (5) of
169section 322.16, Florida Statutes, is amended, and subsection (7)
170is added to that section, to read:
171     322.16  License restrictions.--
172     (5)  It is a misdemeanor of the second degree, punishable
173as provided in s. 775.082 or s. 775.083, for any person to
174operate a motor vehicle in any manner in violation of the
175restrictions imposed in a license issued to him or her except
176for a violation of paragraph (1)(d), subsection (2), or
177subsection (3), or subsection (7).
178     (7)(a)  A person who operates a motor vehicle in any manner
179in violation of an ignition interlock device restriction imposed
180in a license issued to him or her commits a misdemeanor of the
181first degree, punishable as provided in s. 775.082 or s.
182775.083.
183     (b)  A second or subsequent violation of paragraph (a) is a
184felony of the third degree, punishable as provided in s.
185775.082, s. 775.083, or s. 775.084. For a conviction of a
186violation under this paragraph, the court shall order a term of
187incarceration of not less than 1 year.
188     (c)  If the records of the department show that the
189defendant has been previously convicted of an offense of
190violation of an ignition interlock device restriction under this
191subsection, that evidence is sufficient by itself to establish
192that prior conviction; however, such evidence may be
193contradicted or rebutted by other evidence. This presumption may
194be considered along with any other evidence presented in
195deciding whether the defendant has been previously convicted of
196an offense of violation of an ignition interlock device
197restriction.
198     Section 5.  Subsections (1) and (6) of section 322.251,
199Florida Statutes, are amended to read:
200     322.251  Notice of cancellation, suspension, revocation, or
201disqualification of license.--
202     (1)  All orders of cancellation, suspension, revocation, or
203disqualification issued under the provisions of this chapter,
204chapter 318, chapter 324, or ss. 627.732-627.734 shall be given
205either by personal delivery thereof to the licensee whose
206license is being canceled, suspended, revoked, or disqualified
207or by deposit in the United States mail in an envelope, first
208class, postage prepaid, addressed to the licensee at his or her
209last known mailing address furnished to the department. Such
210mailing by the department constitutes notification, and any
211failure by the person to receive the mailed order will not
212affect or stay the effective date or term of the cancellation,
213suspension, revocation, or disqualification of the licensee's
214driving privilege. Notification of cancellation, suspension,
215revocation, or disqualification given by the department under
216this section shall also inform the person whose driver's license
217or driving privilege has been canceled, suspended, revoked, or
218disqualified that any motor vehicle driven by or under the
219actual physical control of that person while the license or
220driving privilege is canceled, suspended, revoked, or
221disqualified is subject to impoundment and immobilization under
222s. 322.34.
223     (6)(a)  Whenever a cancellation, suspension, revocation, or
224disqualification occurs, the department shall enter the
225cancellation, suspension, revocation, or disqualification order
226on the licensee's driver file 20 days after the notice was
227actually placed in the mail. Any inquiry into the file after the
22820-day period shall reveal that the license is canceled,
229suspended, revoked, or disqualified and whether the license has
230been received by the department.
231     (b)1.  The department shall make available on its Internet
232website the means to determine the status of a person's driver's
233license by entering the driver's license number or name and date
234of birth of the licensee. The department shall also provide a
235toll-free telephone hotline to provide callers with the status
236of a person's driver's license. The information provided on the
237Internet website or via the telephone hotline under this
238subparagraph shall include the date and time it was first made
239available to the public.
240     2.  Upon request from any law enforcement agency or officer
241of the court, the department shall certify the date and time the
242information was first made available to the public under
243subparagraph 1.
244     Section 6.  Effective October 1, 2006, subsections (1)
245through (6) of section 322.34, Florida Statutes, are amended,
246and subsection (10) is added to that section, to read:
247     322.34  Driving while license suspended, revoked, canceled,
248or disqualified.--
249     (1)  Except as provided in subsection (2), any person whose
250driver's license or driving privilege has been canceled,
251suspended, or revoked, or disqualified, except a "habitual
252traffic offender" as defined in s. 322.264, who drives a vehicle
253upon the highways of this state while such license or privilege
254is canceled, suspended, or revoked, or disqualified commits is
255guilty of a moving violation, punishable as provided in chapter
256318.
257     (2)  Any person whose driver's license or driving privilege
258has been canceled, suspended, or revoked, or disqualified as
259provided by law, except persons defined in s. 322.264, who,
260knowing of such cancellation, suspension, or revocation, or
261disqualification, drives any motor vehicle upon the highways of
262this state while such license or privilege is canceled,
263suspended, or revoked, or disqualified, or any person who drives
264any motor vehicle upon the highways of this state without having
265a valid driver's license as required under s. 322.03, upon:
266     (a)  A first conviction is guilty of a misdemeanor of the
267second degree, punishable as provided in s. 775.082 or s.
268775.083, except that any person whose driver's license or
269driving privilege was canceled, suspended, revoked, or
270disqualified under s. 322.2615, relating to unlawful blood-
271alcohol level or breath-alcohol level or for refusal to submit
272to a breath, urine, or blood test authorized by s. 316.1932, s.
273322.28(2)(a) for a violation of s. 316.193 or s. 316.1931
274prohibiting driving under the influence, s. 316.655(2) for an
275alcohol-related or drug-related conviction, or s. 316.1939 for
276refusal to submit to testing, is guilty of a misdemeanor of the
277first degree, punishable as provided in s. 775.082 or s.
278775.083, and the court must order imprisonment for not less than
27930 days.
280     (b)  A second conviction is guilty of a misdemeanor of the
281first degree, punishable as provided in s. 775.082 or s.
282775.083.
283     (c)  A third or subsequent conviction is guilty of a felony
284of the third degree, punishable as provided in s. 775.082, s.
285775.083, or s. 775.084.
286
287The element of knowledge is satisfied if the person has been
288previously cited as provided in subsection (1); or the person
289admits to knowledge of the cancellation, suspension, or
290revocation, or disqualification; or the person received notice
291as provided in subsection (4). There shall be a rebuttable
292presumption that the knowledge requirement is satisfied if a
293judgment or order or cancellation, suspension, revocation, or
294disqualification by the department as provided in subsection (4)
295appears in the department's records for any case except for one
296involving a suspension by the department for failure to pay a
297traffic fine or for a financial responsibility violation.
298     (3)  In any proceeding for a violation of this section, a
299court may consider evidence, other than that specified in
300subsection (2) or subsection (8), that the person knowingly
301violated this section.
302     (4)  Any judgment or order rendered by a court or
303adjudicatory body, any cancellation, suspension, revocation, or
304disqualification by the department, or any uniform traffic
305citation that cancels, suspends, or revokes, or disqualifies a
306person's driver's license must contain a provision notifying the
307person that his or her driver's license has been canceled,
308suspended, or revoked, or disqualified and must inform the
309person that any motor vehicle driven by that person while the
310license is canceled, suspended, revoked, or disqualified shall
311be impounded or immobilized pursuant to this section.
312     (5)  Any person whose driver's license has been revoked
313pursuant to s. 322.264 (habitual offender) and who drives any
314motor vehicle upon the highways of this state while such license
315is revoked commits is guilty of a felony of the third degree,
316punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
317and the court must order imprisonment for not less than 60 days.
318     (6)  Any person who operates a motor vehicle:
319     (a)  Without having a driver's license as required under s.
320322.03; or
321     (b)  While his or her driver's license or driving privilege
322is canceled, suspended, or revoked, or disqualified pursuant to
323s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
324
325and who by careless or negligent operation of the motor vehicle
326causes the death of or serious bodily injury to another human
327being, commits is guilty of a felony of the third degree,
328punishable as provided in s. 775.082 or s. 775.083.
329     (10)(a)  Every judgment, regardless of whether adjudication
330is withheld, with respect to any offense governed by the
331provisions of this section shall be in writing, signed by the
332judge, and recorded by the clerk of the circuit court. The judge
333shall cause to be affixed to every such written judgment of
334conviction, in open court and in the presence of such judge, the
335fingerprints of the defendant against whom such judgment is
336rendered. Such fingerprints shall be affixed beneath the judge's
337signature to any such judgment. Beneath such fingerprints shall
338be appended a certificate to the following effect:
339
340"I hereby certify that the above and foregoing fingerprints are
341of the defendant, (name of defendant), and that they were placed
342thereon by said defendant in my presence, in open court, this
343the .... day of ...., (year)."
344     (b)  Such certificate shall be signed by the judge, whose
345signature thereto shall be followed by the word "Judge."
346     (c)  Any such written judgment, or a certified copy
347thereof, shall be admissible in evidence in the several courts
348of this state as prima facie evidence that the fingerprints
349appearing thereon and certified by the judge as aforesaid are
350the fingerprints of the defendant against whom such judgment was
351rendered.
352     (d)  At the time the defendant's fingerprints are taken,
353the judge shall also cause the defendant's social security
354number to be taken. The defendant's social security number shall
355be affixed to every written judgment in open court, in the
356presence of such judge, and at the time the judgment is
357rendered. If the defendant is unable or unwilling to provide his
358or her social security number, the reason for its absence shall
359be indicated on the written judgment.
360     Section 7.  Effective July 1, 2007, subsection (8) of
361section 322.34, Florida Statutes, as amended by this act, is
362renumbered as subsection (9) and amended, subsections (9) and
363(10) are renumbered as subsections (10) and (11), respectively,
364and a new subsection (8) is added to that section, to read:
365     322.34  Driving while license suspended, revoked, canceled,
366or disqualified.--
367     (8)  Any owner or lessee of a motor vehicle who knowingly
368allows, permits, or authorizes a person whose driver's license
369or driving privilege has been canceled, suspended, revoked, or
370disqualified to drive the motor vehicle upon the streets or
371highways of this state or knowingly gives, leases, lends, or
372otherwise provides the motor vehicle to a person whose driver's
373license or driving privilege has been canceled, suspended,
374revoked, or disqualified while such license or privilege is
375canceled, suspended, revoked, or disqualified commits a
376misdemeanor of the second degree, punishable as provided in s.
377775.082 or s. 775.083. The element of knowledge is satisfied if
378the owner or lessee has been previously charged under this
379subsection for aiding the same person; the owner admits to
380knowledge of the cancellation, suspension, revocation, or
381disqualification of the driver's license or driving privilege of
382the driver; or the owner received notice as provided in
383subsection (9) relating to the same driver. There shall be a
384rebuttable presumption that the knowledge requirement is
385satisfied if the cancellation, suspension, revocation, or
386disqualification appears in the department's records and that
387information is available to the public through the department's
388Internet website or a toll-free telephone hotline.
389     (9)(8)(a)1.  If a law enforcement officer determines that a
390motor vehicle is being driven by or is under the actual physical
391control of a person whose driver's license or driving privilege
392is canceled, suspended, revoked, or disqualified, the officer
393shall immediately impound or immobilize the motor vehicle. The
394officer shall serve notice of the impoundment or immobilization
395upon the driver. The notice shall include the location where the
396motor vehicle is being held and information on the procedures to
397have the motor vehicle released from impoundment or
398immobilization by a department-approved vendor.
399     2.  A law enforcement officer arresting a driver whose
400license or driving privilege is suspended shall notify the
401department or the department's agent within 24 hours to effect
402impoundment or immobilization under this paragraph. The
403department or the department's agent shall remove and immobilize
404the motor vehicle at another location. The impounding company
405shall not release the motor vehicle for immobilization at
406another location without proof that the immobilization vendor is
407approved by the department. The motor vehicle shall remain in
408impound or immobilized until the owner or lessee receives
409authorization from the department for release of the motor
410vehicle under the provisions of this subsection. The department
411is authorized to adopt by rule procedures for removal and
412immobilization of the motor vehicle by a department-approved
413vendor from the location where the motor vehicle was stopped by
414the law enforcement officer.
415     3.  A motor vehicle impounded or immobilized under this
416paragraph that, according to the records of the department, is
417owned or leased by the person who was driving or in actual
418physical control of the motor vehicle when it was stopped and
419impounded under subparagraph 1. shall remain impounded or
420immobilized until the person's license and driving privilege are
421reinstated and payment of the fees imposed under paragraph (b)
422and all costs of towing, impoundment, immobilization, and
423storage has been made. If department records show a different
424owner or lessee, then the motor vehicle shall be released to
425that owner or lessee or the owner's or lessee's agent upon
426payment of the fees imposed under paragraph (c) and all costs of
427towing, impoundment, immobilization, and storage. The
428department's records shall reflect that the motor vehicle is
429immobilized or impounded.
430     (b)  Within 7 business days after the date the law
431enforcement agency or the department impounds or immobilizes the
432motor vehicle under this subsection, the department shall send
433notice of the impoundment or immobilization by certified mail,
434return receipt requested, to any registered owners or coowners
435of the motor vehicle other than the driver and to each person of
436record claiming a lien against the motor vehicle. The notice
437shall include the location where the motor vehicle is being held
438and information on the procedures to have the motor vehicle
439released from impoundment or immobilization by a department-
440approved vendor. All costs and fees for the impoundment or
441immobilization, including the cost of notification, must be paid
442by the owner of the motor vehicle or, if the motor vehicle is
443leased, by the person leasing the motor vehicle.
444     (c)1.  The department shall collect a $30 processing fee
445from the owner or lessee prior to release of any motor vehicle
446immobilized or impounded under this subsection. Moneys collected
447under this subparagraph shall be forwarded to the Department of
448Revenue for deposit into the State Transportation Trust Fund
449created under s. 206.46 to be used to carry out public transit
450responsibilities of the Department of Transportation under s.
451341.041.
452     2.  The department shall charge a reasonable fee to the
453owner or lessee of the motor vehicle to cover the operational
454costs of the program and the cost of immobilizing or impounding
455the motor vehicle. Fees collected under this subparagraph shall
456be deposited in the Department of Highway Safety and Motor
457Vehicles Operating Trust Fund.
458     (d)  Upon satisfaction of all of the requirements under
459this subsection for release of the motor vehicle, the department
460shall authorize release of the motor vehicle to the owner or
461lessee.
462     (e)  If a motor vehicle impounded or immobilized under
463paragraph (a) is found being operated upon any street or highway
464in this state during the impoundment or immobilization period,
465it shall be seized and removed from the street or highway and
466may be forfeited pursuant to ss. 932.701-932.704.
467     (f)  The department may contract with vendors to carry out
468the provisions of this subsection.
469     (g)  Notification of cancellation, suspension, revocation,
470or disqualification given by the department under s. 322.251
471shall also inform the person whose driver's license or driving
472privilege has been canceled, suspended, revoked, or disqualified
473that any motor vehicle driven by or under the actual physical
474control of that person while the license or driving privilege is
475canceled, suspended, revoked, or disqualified is subject to
476impoundment under this subsection; however, failure to receive
477such notification shall not preclude, bar, or otherwise affect
478the impoundment of a motor vehicle under this subsection.
479     (h)  The department shall make available on its Internet
480website the means to determine the status of a person's driver's
481license by entering the driver license number or name and date
482of birth of the licensee. The department shall also provide a
483toll-free telephone hotline to provide callers with the status
484of a person's driver's license.
485     (i)  The department may adopt rules pursuant to ss.
486120.536(1) and 120.54 to implement the provisions of this
487subsection. Upon the arrest of a person for the offense of
488driving while the person's driver's license or driving privilege
489is suspended or revoked, the arresting officer shall determine:
490     1.  Whether the person's driver's license is suspended or
491revoked.
492     2.  Whether the person's driver's license has remained
493suspended or revoked since a conviction for the offense of
494driving with a suspended or revoked license.
495     3.  Whether the suspension or revocation was made under s.
496316.646 or s. 627.733, relating to failure to maintain required
497security, or under s. 322.264, relating to habitual traffic
498offenders.
499     4.  Whether the driver is the registered owner or coowner
500of the vehicle.
501     (b)  If the arresting officer finds in the affirmative as
502to all of the criteria in paragraph (a), the officer shall
503immediately impound or immobilize the vehicle.
504     (c)  Within 7 business days after the date the arresting
505agency impounds or immobilizes the vehicle, either the arresting
506agency or the towing service, whichever is in possession of the
507vehicle, shall send notice by certified mail, return receipt
508requested, to any coregistered owners of the vehicle other than
509the person arrested and to each person of record claiming a lien
510against the vehicle. All costs and fees for the impoundment or
511immobilization, including the cost of notification, must be paid
512by the owner of the vehicle or, if the vehicle is leased, by the
513person leasing the vehicle.
514     (d)  Either the arresting agency or the towing service,
515whichever is in possession of the vehicle, shall determine
516whether any vehicle impounded or immobilized under this section
517has been leased or rented or if there are any persons of record
518with a lien upon the vehicle. Either the arresting agency or the
519towing service, whichever is in possession of the vehicle, shall
520notify by express courier service with receipt or certified
521mail, return receipt requested, within 7 business days after the
522date of the immobilization or impoundment of the vehicle, the
523registered owner and all persons having a recorded lien against
524the vehicle that the vehicle has been impounded or immobilized.
525A lessor, rental car company, or lienholder may then obtain the
526vehicle, upon payment of any lawful towing or storage charges.
527If the vehicle is a rental vehicle subject to a written
528contract, the charges may be separately charged to the renter,
529in addition to the rental rate, along with other separate fees,
530charges, and recoupments disclosed on the rental agreement. If
531the storage facility fails to provide timely notice to a lessor,
532rental car company, or lienholder as required by this paragraph,
533the storage facility shall be responsible for payment of any
534towing or storage charges necessary to release the vehicle to a
535lessor, rental car company, or lienholder that accrue after the
536notice period, which charges may then be assessed against the
537driver of the vehicle if the vehicle was lawfully impounded or
538immobilized.
539     (e)  Except as provided in paragraph (d), the vehicle shall
540remain impounded or immobilized for any period imposed by the
541court until:
542     1.  The owner presents proof of insurance to the arresting
543agency; or
544     2.  The owner presents proof of sale of the vehicle to the
545arresting agency and the buyer presents proof of insurance to
546the arresting agency.
547
548If proof is not presented within 35 days after the impoundment
549or immobilization, a lien shall be placed upon such vehicle
550pursuant to s. 713.78.
551     (f)  The owner of a vehicle that is impounded or
552immobilized under this subsection may, within 10 days after the
553date the owner has knowledge of the location of the vehicle,
554file a complaint in the county in which the owner resides to
555determine whether the vehicle was wrongfully taken or withheld.
556Upon the filing of a complaint, the owner may have the vehicle
557released by posting with the court a bond or other adequate
558security equal to the amount of the costs and fees for
559impoundment or immobilization, including towing or storage, to
560ensure the payment of such costs and fees if the owner does not
561prevail. When the vehicle owner does not prevail on a complaint
562that the vehicle was wrongfully taken or withheld, he or she
563must pay the accrued charges for the immobilization or
564impoundment, including any towing and storage charges assessed
565against the vehicle. When the bond is posted and the fee is paid
566as set forth in s. 28.24, the clerk of the court shall issue a
567certificate releasing the vehicle. At the time of release, after
568reasonable inspection, the owner must give a receipt to the
569towing or storage company indicating any loss or damage to the
570vehicle or to the contents of the vehicle.
571     Section 8.  Effective October 1, 2006, section 322.341,
572Florida Statutes, is amended to read:
573     322.341  Driving while license permanently revoked.--Any
574person whose driver's license or driving privilege has been
575permanently revoked pursuant to s. 322.26 or s. 322.28 and who
576drives a motor vehicle upon the highways of this state commits
577is guilty of a felony of the third degree, punishable as
578provided in s. 775.082, s. 775.083, or s. 775.084, and the court
579must order imprisonment for not less than 90 days.
580     Section 9.  The Department of Highway Safety and Motor
581Vehicles shall inform the motoring public of the changes to s.
582322.34, Florida Statutes, made by this act relating to
583impoundment or immobilization of a motor vehicle being driven by
584a person whose driver license is canceled, suspended, revoked,
585or disqualified and shall provide such information in newly
586printed driver's license educational materials after July 1,
5872006, and in public service announcements produced in
588cooperation with the Florida Highway Patrol.
589     Section 10.  During the period from July 1, 2006, to July
5901, 2007, the Department of Highway Safety and Motor Vehicles
591shall notify by mail persons whose driver license or driving
592privilege has been canceled, suspended, revoked, or disqualified
593of the changes to s. 322.34, Florida Statutes, made by this act
594relating to impoundment or immobilization of a motor vehicle
595being driven by such person; however, failure to receive such
596notification shall not preclude, bar, or otherwise affect the
597impoundment or immobilization of a motor vehicle under s.
598322.34, Florida Statutes.
599     Section 11.  Except as otherwise expressly provided in this
600act, this act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.