Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 878
                        Barcode 200714
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/18/2006 05:14 PM         .                    
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11  The Committee on Transportation (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Michael
19  Haligowski and Deputy Ryan C. Seguin Memorial Traffic Safety
20  Act."
21         Section 2.  Subsection (11) of section 318.14, Florida
22  Statutes, is amended to read:
23         318.14  Noncriminal traffic infractions; exception;
24  procedures.--
25         (11)(a)  If adjudication is withheld for any person
26  charged or cited under this section, pursuant to subsection
27  (9) or subsection (10), such action is not a conviction.
28         (b)  If a person is cited for a violation of s.
29  322.34(2)(a) or (b) with a license that has been suspended
30  solely for failure to appear, failure to pay a civil penalty,
31  or failure to attend a driver improvement course pursuant to
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    4:10 PM   04/18/06                              s0878.tr21.125

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 s. 322.291 and such person provides to the court a valid or 2 reinstated driver's license and proper proof of maintenance of 3 security as required by s. 316.646, the court may withhold 4 adjudication pursuant to this subsection. If adjudication has 5 not been withheld pursuant to this subsection for the 3 years 6 before the date of the offense cited for, the withholding of 7 adjudication for the offense cited for pursuant to this 8 subsection is not a conviction. 9 Section 3. Subsection (7) is added to section 322.03, 10 Florida Statutes, to read: 11 322.03 Drivers must be licensed; penalties.-- 12 (7)(a) Every judgment for a violation of subsection 13 (1), regardless of whether adjudication is withheld, shall be 14 in writing, signed by the judge, and recorded by the clerk of 15 the circuit court. The judge shall cause to be affixed to 16 every such written judgment of conviction, in open court and 17 in the presence of such judge, the fingerprints of the 18 defendant against whom such judgment is rendered. Such 19 fingerprints shall be affixed beneath the judge's signature to 20 any such judgment. Beneath such fingerprints shall be appended 21 a certificate to the following effect: 22 23 "I hereby certify that the above and foregoing fingerprints 24 are of the defendant, (name of defendant), and that they were 25 placed thereon by said defendant in my presence, in open 26 court, this the .................................... day of ., 27 (year)." 28 (b) Such certificate shall be signed by the judge, 29 whose signature thereto shall be followed by the word "Judge." 30 (c) Any such written judgment, or a certified copy 31 thereof, shall be admissible in evidence in the several courts 2 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 of this state as prima facie evidence that the fingerprints 2 appearing thereon and certified by the judge as aforesaid are 3 the fingerprints of the defendant against whom such judgment 4 was rendered. 5 (d) At the time the defendant's fingerprints are 6 taken, the judge shall also cause the defendant's social 7 security number to be taken. The defendant's social security 8 number shall be affixed to every written judgment of 9 conviction in open court, in the presence of such judge, and 10 at the time the judgment is rendered. If the defendant is 11 unable or unwilling to provide his or her social security 12 number, the reason for its absence shall be indicated on the 13 written judgment. 14 Section 4. Effective October 1, 2006, subsection (5) 15 of section 322.16, Florida Statutes, is amended, and 16 subsection (7) is added to that section, to read: 17 322.16 License restrictions.-- 18 (5) It is a misdemeanor of the second degree, 19 punishable as provided in s. 775.082 or s. 775.083, for any 20 person to operate a motor vehicle in any manner in violation 21 of the restrictions imposed in a license issued to him or her 22 except for a violation of paragraph (1)(d), subsection (2), or 23 subsection (3), or subsection (7). 24 (7)(a) A person who operates a motor vehicle in any 25 manner in violation of an ignition interlock device 26 restriction imposed in a license issued to him or her commits 27 a misdemeanor of the first degree, punishable as provided in 28 s. 775.082 or s. 775.083. 29 (b) A second or subsequent violation of paragraph (a) 30 is a felony of the third degree, punishable as provided in s. 31 775.082, s. 775.083, or s. 775.084. For a conviction of a 3 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 violation under this paragraph, the court shall order a term 2 of incarceration of not less than 1 year. 3 (c) If the records of the department show that the 4 defendant has been previously convicted of an offense of 5 violation of an ignition interlock device restriction under 6 this subsection, that evidence is sufficient by itself to 7 establish that prior conviction; however, such evidence may be 8 contradicted or rebutted by other evidence. This presumption 9 may be considered along with any other evidence presented in 10 deciding whether the defendant has been previously convicted 11 of an offense of violation of an ignition interlock device 12 restriction. 13 Section 5. Subsections (1) and (6) of section 322.251, 14 Florida Statutes, are amended to read: 15 322.251 Notice of cancellation, suspension, 16 revocation, or disqualification of license.-- 17 (1) All orders of cancellation, suspension, 18 revocation, or disqualification issued under the provisions of 19 this chapter, chapter 318, chapter 324, or ss. 627.732-627.734 20 shall be given either by personal delivery thereof to the 21 licensee whose license is being canceled, suspended, revoked, 22 or disqualified or by deposit in the United States mail in an 23 envelope, first class, postage prepaid, addressed to the 24 licensee at his or her last known mailing address furnished to 25 the department. Such mailing by the department constitutes 26 notification, and any failure by the person to receive the 27 mailed order will not affect or stay the effective date or 28 term of the cancellation, suspension, revocation, or 29 disqualification of the licensee's driving privilege. 30 Notification of cancellation, suspension, revocation, or 31 disqualification given by the department under this section 4 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 shall also inform the person whose driver's license or driving 2 privilege has been canceled, suspended, revoked, or 3 disqualified that any motor vehicle driven by or under the 4 actual physical control of that person while the license or 5 driving privilege is canceled, suspended, revoked, or 6 disqualified is subject to impoundment and immobilization 7 under s. 322.34. 8 (6)(a) Whenever a cancellation, suspension, 9 revocation, or disqualification occurs, the department shall 10 enter the cancellation, suspension, revocation, or 11 disqualification order on the licensee's driver file 20 days 12 after the notice was actually placed in the mail. Any inquiry 13 into the file after the 20-day period shall reveal that the 14 license is canceled, suspended, revoked, or disqualified and 15 whether the license has been received by the department. 16 (b)1. The department shall make available on its 17 Internet website the means to determine the status of a 18 person's driver's license by entering the driver's license 19 number or name and date of birth of the licensee. The 20 department shall also provide a toll-free telephone hotline to 21 provide callers with the status of a person's driver's 22 license. The information provided on the Internet website or 23 via the telephone hotline under this subparagraph shall 24 include the date and time it was first made available to the 25 public. 26 2. Upon request from any law enforcement agency or 27 officer of the court, the department shall certify the date 28 and time the information was first made available to the 29 public under subparagraph 1. 30 Section 6. Subsection (17) of section 322.2615, 31 Florida Statutes, is created to read: 5 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 322.2615 Suspension of license; right to review.-- 2 (17) Before issuing a permanent or restricted driver's 3 license to a person suspended under this section for refusal 4 to submit to a blood, breath, or urine test, the department 5 shall require placement of a department-approved ignition 6 interlock device. If this is the first suspension for refusal 7 to submit to a blood, breath, or urine test, the ignition 8 interlock device shall be required for a period of six months 9 and in the case a second or subsequent suspension for refusal 10 to submit to a blood, breath, or urine test, the ignition 11 interlock shall be required for a period for a period of 1 12 year. 13 Section 7. Subsection (3) of section 322.271, Florida 14 Statutes, is amended to read: 15 322.271 Authority to modify revocation, cancellation, 16 or suspension order.-- 17 (3) Upon such hearing, the department shall either 18 suspend, affirm, or modify its order and may restore to the 19 licensee the privilege of driving on a limited or restricted 20 basis for business or employment use only. If the department 21 suspends, affirms or modifies its order and restores the 22 licensee the privilege of driving on a limited or restricted 23 basis for business or employment use after upholding an 24 administrative suspension for refusal the licensee is required 25 to have an ignition interlock device installed for the time 26 periods listed in s. 322.2715(3). If a hearing is not held, 27 then the administrative suspension for refusal is upheld and 28 goes into effect the licensee is required to have an ignition 29 interlock device installed for the time periods listed in s. 30 322.2715(3). 31 Section 8. Section 322.2715, Florida Statutes, is 6 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 amended to read: 2 322.2715 Ignition interlock device.-- 3 (1) Before issuing a permanent or restricted driver's 4 license under this chapter, the department shall require the 5 placement of a department-approved ignition interlock device 6 for any person convicted of committing an offense of driving 7 under the influence or refusing to submit to breath, blood or 8 urine test as specified in subsection (3), except that 9 consideration may be given to those individuals having a 10 documented medical condition that would prohibit the device 11 from functioning normally. An interlock device shall be placed 12 on all vehicles that are individually or jointly leased or 13 owned and routinely operated by the convicted person. 14 (2) For purposes of this section, any conviction for a 15 violation of s. 316.193, a previous conviction for a violation 16 of former s. 316.1931, or a conviction outside this state for 17 driving under the influence, driving while intoxicated, 18 driving with an unlawful blood-alcohol level, or any other 19 similar alcohol-related or drug-related traffic offense is a 20 conviction of driving under the influence. 21 (3) If the person is convicted of: 22 (a) A first offense of driving under the influence 23 under s. 316.193 and has an unlawful blood-alcohol level or 24 breath-alcohol level as specified in s. 316.193(4), or a 25 refusal under s. 316.1939 or if a person is convicted of a 26 violation of s. 316.193 and was at the time of the offense 27 accompanied in the vehicle by a person younger than 18 years 28 of age, the person shall have the ignition interlock device 29 installed for 6 months for the first offense and for at least 30 2 years for a second offense. 31 (b) A second offense of driving under the influence or 7 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 a refusal under s. 316.1939, the ignition interlock device 2 shall be installed for a period of not less than 1 year. 3 (c) A third offense of driving under the influence or 4 a refusal under s. 316.1939 which occurs within 10 years after 5 a prior conviction for a violation of s. 316.193, the ignition 6 interlock device shall be installed for a period of not less 7 than 2 years. 8 (d) A third offense of driving under the influence or 9 a refusal under s. 316.1939 which occurs more than 10 years 10 after the date of a prior conviction, the ignition interlock 11 device shall be installed for a period of not less than 2 12 years. 13 (4) If the court fails to order the mandatory 14 placement of the ignition interlock device or fails to order 15 for the applicable period the mandatory placement of an 16 ignition interlock device under s. 316.193 or s. 316.1937 at 17 the time of imposing sentence or within 30 days thereafter, 18 the department shall immediately require that the ignition 19 interlock device be installed as provided in this section, 20 except that consideration may be given to those individuals 21 having a documented medical condition that would prohibit the 22 device from functioning normally. This subsection applies to 23 the reinstatement of the driving privilege following a 24 revocation, suspension, or cancellation that is based upon a 25 conviction for the offense of driving under the influence 26 which occurs on or after July 1, 2005. 27 Section 9. Effective October 1, 2006, subsections (1) 28 through (6) of section 322.34, Florida Statutes, are amended, 29 and subsection (10) is added to that section, to read: 30 322.34 Driving while license suspended, revoked, 31 canceled, or disqualified.-- 8 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 (1) Except as provided in subsection (2), any person 2 whose driver's license or driving privilege has been canceled, 3 suspended, or revoked, or disqualified, except a "habitual 4 traffic offender" as defined in s. 322.264, who drives a 5 vehicle upon the highways of this state while such license or 6 privilege is canceled, suspended, or revoked, or disqualified 7 commits is guilty of a moving violation, punishable as 8 provided in chapter 318. 9 (2) Any person whose driver's license or driving 10 privilege has been canceled, suspended, or revoked, or 11 disqualified as provided by law, except persons defined in s. 12 322.264, who, knowing of such cancellation, suspension, or 13 revocation, or disqualification, drives any motor vehicle upon 14 the highways of this state while such license or privilege is 15 canceled, suspended, or revoked, or disqualified, or any 16 person who drives any motor vehicle upon the highways of this 17 state without having a valid driver's license as required 18 under s. 322.03, upon: 19 (a) A first conviction is guilty of a misdemeanor of 20 the second degree, punishable as provided in s. 775.082 or s. 21 775.083, except that any person whose driver's license or 22 driving privilege was canceled, suspended, revoked, or 23 disqualified under s. 322.2615, relating to unlawful 24 blood-alcohol level or breath-alcohol level or for refusal to 25 submit to a breath, urine, or blood test authorized by s. 26 316.1932, s. 322.28(2)(a) for a violation of s. 316.193 or s. 27 316.1931 prohibiting driving under the influence, s. 28 316.655(2) for an alcohol-related or drug-related conviction, 29 or s. 316.1939 for refusal to submit to testing, is guilty of 30 a misdemeanor of the first degree, punishable as provided in 31 s. 775.082 or s. 775.083, and the court must order 9 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 imprisonment for not less than 30 days. 2 (b) A second conviction is guilty of a misdemeanor of 3 the first degree, punishable as provided in s. 775.082 or s. 4 775.083. 5 (c) A third or subsequent conviction is guilty of a 6 felony of the third degree, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084. 8 9 The element of knowledge is satisfied if the person has been 10 previously cited as provided in subsection (1); or the person 11 admits to knowledge of the cancellation, suspension, or 12 revocation, or disqualification; or the person received notice 13 as provided in subsection (4). There shall be a rebuttable 14 presumption that the knowledge requirement is satisfied if a 15 judgment or order or cancellation, suspension, revocation, or 16 disqualification by the department as provided in subsection 17 (4) appears in the department's records for any case except 18 for one involving a suspension by the department for failure 19 to pay a traffic fine or for a financial responsibility 20 violation . 21 (3) In any proceeding for a violation of this section, 22 a court may consider evidence, other than that specified in 23 subsection (2) or subsection (8), that the person knowingly 24 violated this section. 25 (4) Any judgment or order rendered by a court or 26 adjudicatory body, any cancellation, suspension, revocation, 27 or disqualification by the department, or any uniform traffic 28 citation that cancels, suspends, or revokes, or disqualifies a 29 person's driver's license must contain a provision notifying 30 the person that his or her driver's license has been canceled, 31 suspended, or revoked, or disqualified and must inform the 10 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 person that any motor vehicle driven by that person while the 2 license is canceled, suspended, revoked, or disqualified shall 3 be impounded or immobilized pursuant to this section. 4 (5) Any person whose driver's license has been revoked 5 pursuant to s. 322.264 (habitual offender) and who drives any 6 motor vehicle upon the highways of this state while such 7 license is revoked commits is guilty of a felony of the third 8 degree, punishable as provided in s. 775.082, s. 775.083, or 9 s. 775.084, and the court must order imprisonment for not less 10 than 60 days. 11 (6) Any person who operates a motor vehicle: 12 (a) Without having a driver's license as required 13 under s. 322.03; or 14 (b) While his or her driver's license or driving 15 privilege is canceled, suspended, or revoked, or disqualified 16 pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 17 322.28(2) or (4), 18 19 and who by careless or negligent operation of the motor 20 vehicle causes the death of or serious bodily injury to 21 another human being , commits is guilty of a felony of the 22 third degree, punishable as provided in s. 775.082 or s. 23 775.083. 24 (10)(a) Every judgment, regardless of whether 25 adjudication is withheld, with respect to any offense governed 26 by the provisions of this section shall be in writing, signed 27 by the judge, and recorded by the clerk of the circuit court. 28 The judge shall cause to be affixed to every such written 29 judgment of conviction, in open court and in the presence of 30 such judge, the fingerprints of the defendant against whom 31 such judgment is rendered. Such fingerprints shall be affixed 11 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 beneath the judge's signature to any such judgment. Beneath 2 such fingerprints shall be appended a certificate to the 3 following effect: 4 5 "I hereby certify that the above and foregoing fingerprints 6 are of the defendant, (name of defendant), and that they were 7 placed thereon by said defendant in my presence, in open 8 court, this the .................................... day of ., 9 (year)." 10 (b) Such certificate shall be signed by the judge, 11 whose signature thereto shall be followed by the word "Judge." 12 (c) Any such written judgment, or a certified copy 13 thereof, shall be admissible in evidence in the several courts 14 of this state as prima facie evidence that the fingerprints 15 appearing thereon and certified by the judge as aforesaid are 16 the fingerprints of the defendant against whom such judgment 17 was rendered. 18 (d) At the time the defendant's fingerprints are 19 taken, the judge shall also cause the defendant's social 20 security number to be taken. The defendant's social security 21 number shall be affixed to every written judgment in open 22 court, in the presence of such judge, and at the time the 23 judgment is rendered. If the defendant is unable or unwilling 24 to provide his or her social security number, the reason for 25 its absence shall be indicated on the written judgment. 26 Section 10. Effective July 1, 2007, subsection (8) of 27 section 322.34, Florida Statutes, as amended by this act, is 28 renumbered as subsection (9) and amended, subsections (9) and 29 (10) are renumbered as subsections (10) and (11), 30 respectively, and a new subsection (8) is added to that 31 section, to read: 12 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 322.34 Driving while license suspended, revoked, 2 canceled, or disqualified.-- 3 (8) Any owner or lessee of a motor vehicle who 4 knowingly allows, permits, or authorizes a person whose 5 driver's license or driving privilege has been canceled, 6 suspended, revoked, or disqualified to drive the motor vehicle 7 upon the streets or highways of this state or knowingly gives, 8 leases, lends, or otherwise provides the motor vehicle to a 9 person whose driver's license or driving privilege has been 10 canceled, suspended, revoked, or disqualified while such 11 license or privilege is canceled, suspended, revoked, or 12 disqualified commits a misdemeanor of the second degree, 13 punishable as provided in s. 775.082 or s. 775.083. The 14 element of knowledge is satisfied if the owner or lessee has 15 been previously charged under this subsection for aiding the 16 same person; the owner admits to knowledge of the 17 cancellation, suspension, revocation, or disqualification of 18 the driver's license or driving privilege of the driver; or 19 the owner received notice as provided in subsection (9) 20 relating to the same driver. There shall be a rebuttable 21 presumption that the knowledge requirement is satisfied if the 22 cancellation, suspension, revocation, or disqualification 23 appears in the department's records and that information is 24 available to the public through the department's Internet 25 website or a toll-free telephone hotline. 26 (9)(8)(a)1. If a law enforcement officer determines 27 that a motor vehicle is being driven by or is under the actual 28 physical control of a person whose driver's license or driving 29 privilege is canceled, suspended, revoked, or disqualified, 30 the officer shall immediately impound or immobilize the motor 31 vehicle. The officer shall serve notice of the impoundment or 13 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 immobilization upon the driver. The notice shall include the 2 location where the motor vehicle is being held and information 3 on the procedures to have the motor vehicle released from 4 impoundment or immobilization by a department-approved vendor. 5 2. A law enforcement officer arresting a driver whose 6 license or driving privilege is suspended shall notify the 7 department or the department's agent within 24 hours to effect 8 impoundment or immobilization under this paragraph. The 9 department or the department's agent shall remove and 10 immobilize the motor vehicle at another location. The 11 impounding company shall not release the motor vehicle for 12 immobilization at another location without proof that the 13 immobilization vendor is approved by the department. The motor 14 vehicle shall remain in impound or immobilized until the owner 15 or lessee receives authorization from the department for 16 release of the motor vehicle under the provisions of this 17 subsection. The department is authorized to adopt by rule 18 procedures for removal and immobilization of the motor vehicle 19 by a department-approved vendor from the location where the 20 motor vehicle was stopped by the law enforcement officer. 21 3. A motor vehicle impounded or immobilized under this 22 paragraph that, according to the records of the department, is 23 owned or leased by the person who was driving or in actual 24 physical control of the motor vehicle when it was stopped and 25 impounded under subparagraph 1. shall remain impounded or 26 immobilized until the person's license and driving privilege 27 are reinstated and payment of the fees imposed under paragraph 28 (b) and all costs of towing, impoundment, immobilization, and 29 storage has been made. If department records show a different 30 owner or lessee, then the motor vehicle shall be released to 31 that owner or lessee or the owner's or lessee's agent upon 14 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 payment of the fees imposed under paragraph (c) and all costs 2 of towing, impoundment, immobilization, and storage. The 3 department's records shall reflect that the motor vehicle is 4 immobilized or impounded. 5 (b) Within 7 business days after the date the law 6 enforcement agency or the department impounds or immobilizes 7 the motor vehicle under this subsection, the department shall 8 send notice of the impoundment or immobilization by certified 9 mail, return receipt requested, to any registered owners or 10 coowners of the motor vehicle other than the driver and to 11 each person of record claiming a lien against the motor 12 vehicle. The notice shall include the location where the motor 13 vehicle is being held and information on the procedures to 14 have the motor vehicle released from impoundment or 15 immobilization by a department-approved vendor. All costs and 16 fees for the impoundment or immobilization, including the cost 17 of notification, must be paid by the owner of the motor 18 vehicle or, if the motor vehicle is leased, by the person 19 leasing the motor vehicle. 20 (c)1. The department shall collect a $30 processing 21 fee from the owner or lessee prior to release of any motor 22 vehicle immobilized or impounded under this subsection. Moneys 23 collected under this subparagraph shall be forwarded to the 24 Department of Revenue for deposit into the State 25 Transportation Trust Fund created under s. 206.46 to be used 26 to carry out public transit responsibilities of the Department 27 of Transportation under s. 341.041. 28 2. The department shall charge a reasonable fee to the 29 owner or lessee of the motor vehicle to cover the operational 30 costs of the program and the cost of immobilizing or 31 impounding the motor vehicle. Fees collected under this 15 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 subparagraph shall be deposited in the Department of Highway 2 Safety and Motor Vehicles Operating Trust Fund. 3 (d) Upon satisfaction of all of the requirements under 4 this subsection for release of the motor vehicle, the 5 department shall authorize release of the motor vehicle to the 6 owner or lessee. 7 (e) If a motor vehicle impounded or immobilized under 8 paragraph (a) is found being operated upon any street or 9 highway in this state during the impoundment or immobilization 10 period, it shall be seized and removed from the street or 11 highway and may be forfeited pursuant to ss. 932.701-932.704. 12 (f) The department may contract with vendors to carry 13 out the provisions of this subsection. 14 (g) Notification of cancellation, suspension, 15 revocation, or disqualification given by the department under 16 s. 322.251 shall also inform the person whose driver's license 17 or driving privilege has been canceled, suspended, revoked, or 18 disqualified that any motor vehicle driven by or under the 19 actual physical control of that person while the license or 20 driving privilege is canceled, suspended, revoked, or 21 disqualified is subject to impoundment under this subsection; 22 however, failure to receive such notification shall not 23 preclude, bar, or otherwise affect the impoundment of a motor 24 vehicle under this subsection. 25 (h) The department shall make available on its 26 Internet website the means to determine the status of a 27 person's driver's license by entering the driver license 28 number or name and date of birth of the licensee. The 29 department shall also provide a toll-free telephone hotline to 30 provide callers with the status of a person's driver's 31 license. 16 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 (i) The department may adopt rules pursuant to ss. 2 120.536(1) and 120.54 to implement the provisions of this 3 subsection. Upon the arrest of a person for the offense of 4 driving while the person's driver's license or driving 5 privilege is suspended or revoked, the arresting officer shall 6 determine: 7 1. Whether the person's driver's license is suspended 8 or revoked. 9 2. Whether the person's driver's license has remained 10 suspended or revoked since a conviction for the offense of 11 driving with a suspended or revoked license. 12 3. Whether the suspension or revocation was made under 13 s. 316.646 or s. 627.733, relating to failure to maintain 14 required security, or under s. 322.264, relating to habitual 15 traffic offenders. 16 4. Whether the driver is the registered owner or 17 coowner of the vehicle. 18 (b) If the arresting officer finds in the affirmative 19 as to all of the criteria in paragraph (a), the officer shall 20 immediately impound or immobilize the vehicle. 21 (c) Within 7 business days after the date the 22 arresting agency impounds or immobilizes the vehicle, either 23 the arresting agency or the towing service, whichever is in 24 possession of the vehicle, shall send notice by certified 25 mail, return receipt requested, to any coregistered owners of 26 the vehicle other than the person arrested and to each person 27 of record claiming a lien against the vehicle. All costs and 28 fees for the impoundment or immobilization, including the cost 29 of notification, must be paid by the owner of the vehicle or, 30 if the vehicle is leased, by the person leasing the vehicle. 31 (d) Either the arresting agency or the towing service, 17 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 whichever is in possession of the vehicle, shall determine 2 whether any vehicle impounded or immobilized under this 3 section has been leased or rented or if there are any persons 4 of record with a lien upon the vehicle. Either the arresting 5 agency or the towing service, whichever is in possession of 6 the vehicle, shall notify by express courier service with 7 receipt or certified mail, return receipt requested, within 7 8 business days after the date of the immobilization or 9 impoundment of the vehicle, the registered owner and all 10 persons having a recorded lien against the vehicle that the 11 vehicle has been impounded or immobilized. A lessor, rental 12 car company, or lienholder may then obtain the vehicle, upon 13 payment of any lawful towing or storage charges. If the 14 vehicle is a rental vehicle subject to a written contract, the 15 charges may be separately charged to the renter, in addition 16 to the rental rate, along with other separate fees, charges, 17 and recoupments disclosed on the rental agreement. If the 18 storage facility fails to provide timely notice to a lessor, 19 rental car company, or lienholder as required by this 20 paragraph, the storage facility shall be responsible for 21 payment of any towing or storage charges necessary to release 22 the vehicle to a lessor, rental car company, or lienholder 23 that accrue after the notice period, which charges may then be 24 assessed against the driver of the vehicle if the vehicle was 25 lawfully impounded or immobilized. 26 (e) Except as provided in paragraph (d), the vehicle 27 shall remain impounded or immobilized for any period imposed 28 by the court until: 29 1. The owner presents proof of insurance to the 30 arresting agency; or 31 2. The owner presents proof of sale of the vehicle to 18 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 the arresting agency and the buyer presents proof of insurance 2 to the arresting agency. 3 4 If proof is not presented within 35 days after the impoundment 5 or immobilization, a lien shall be placed upon such vehicle 6 pursuant to s. 713.78. 7 (f) The owner of a vehicle that is impounded or 8 immobilized under this subsection may, within 10 days after 9 the date the owner has knowledge of the location of the 10 vehicle, file a complaint in the county in which the owner 11 resides to determine whether the vehicle was wrongfully taken 12 or withheld. Upon the filing of a complaint, the owner may 13 have the vehicle released by posting with the court a bond or 14 other adequate security equal to the amount of the costs and 15 fees for impoundment or immobilization, including towing or 16 storage, to ensure the payment of such costs and fees if the 17 owner does not prevail. When the vehicle owner does not 18 prevail on a complaint that the vehicle was wrongfully taken 19 or withheld, he or she must pay the accrued charges for the 20 immobilization or impoundment, including any towing and 21 storage charges assessed against the vehicle. When the bond is 22 posted and the fee is paid as set forth in s. 28.24, the clerk 23 of the court shall issue a certificate releasing the vehicle. 24 At the time of release, after reasonable inspection, the owner 25 must give a receipt to the towing or storage company 26 indicating any loss or damage to the vehicle or to the 27 contents of the vehicle. 28 Section 11. Effective October 1, 2006, section 29 322.341, Florida Statutes, is amended to read: 30 322.341 Driving while license permanently 31 revoked.--Any person whose driver's license or driving 19 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 privilege has been permanently revoked pursuant to s. 322.26 2 or s. 322.28 and who drives a motor vehicle upon the highways 3 of this state commits is guilty of a felony of the third 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084, and the court must order imprisonment for not less 6 than 90 days. 7 Section 12. The Department of Highway Safety and Motor 8 Vehicles shall inform the motoring public of the changes to s. 9 322.34, Florida Statutes, made by this act relating to 10 impoundment or immobilization of a motor vehicle being driven 11 by a person whose driver license is canceled, suspended, 12 revoked, or disqualified and shall provide such information in 13 newly printed driver's license educational materials after 14 July 1, 2006, and in public service announcements produced in 15 cooperation with the Florida Highway Patrol. 16 Section 13. During the period from July 1, 2006, to 17 July 1, 2007, the Department of Highway Safety and Motor 18 Vehicles shall notify by mail persons whose driver license or 19 driving privilege has been canceled, suspended, revoked, or 20 disqualified of the changes to s. 322.34, Florida Statutes, 21 made by this act relating to impoundment or immobilization of 22 a motor vehicle being driven by such person; however, failure 23 to receive such notification shall not preclude, bar, or 24 otherwise affect the impoundment or immobilization of a motor 25 vehicle under s. 322.34, Florida Statutes. 26 Section 14. Except as otherwise expressly provided in 27 this act, this act shall take effect July 1, 2006. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 20 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 Delete everything before the enacting clause 2 3 and insert: 4 An act relating to unlawful operation of a 5 motor vehicle; creating the "Michael Haligowski 6 and Deputy Ryan C. Seguin Memorial Traffic 7 Safety Act"; amending s. 318.14, F.S.; 8 authorizing the court to withhold adjudication 9 of certain violations related to driving 10 without a valid license if the person cited 11 meets certain conditions; providing 12 circumstances when the withholding of 13 adjudication shall not be considered a 14 conviction; amending s. 322.03, F.S.; requiring 15 a written judgment signed by the judge and 16 recorded by the clerk for cases involving a 17 violation of requirements to possess a valid 18 driver license; providing for content of the 19 written judgment; requiring fingerprints of the 20 defendant and a certificate to be affixed to 21 the written judgment of conviction; providing 22 for content of the certificate; providing that 23 the written judgment shall be admissible as 24 prima facie evidence that the fingerprints 25 appearing thereon and certified by the judge 26 are the fingerprints of the defendant; 27 requiring the defendant's social security 28 number to be affixed to the written judgment of 29 conviction or the reason for its absence to be 30 indicated; amending s. 322.16, F.S.; 31 prohibiting operation of a motor vehicle in 21 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 violation of an ignition interlock device 2 restriction imposed in the operator's driver 3 license; providing penalties; providing an 4 enhanced penalty for second and subsequent 5 offenses; providing for an evidentiary 6 presumption of prior convictions of specified 7 violations of ignition interlock device 8 restrictions; providing applicability; amending 9 s. 322.251, F.S.; requiring certain information 10 to be included with notice to a person whose 11 driver license or driving privilege is being 12 canceled, suspended, revoked, or disqualified; 13 requiring the Department of Highway Safety and 14 Motor Vehicles to make driver license status 15 information available to the public through the 16 Internet and a phone system; requiring the 17 department to certify the availability of the 18 information upon request by certain persons; 19 amending s. 322.2615, F.S.; requiring the 20 placement of a department-approved ignition 21 interlock device under certain circumstances; 22 amending s. 322.271, F.S.; requiring a licensee 23 to have an ignition interlock device installed 24 under certain circumstances after upholding an 25 administrative suspension; amending s. 26 322.2715, F.S.; requiring the installation of 27 an ignition interlock device for specified time 28 periods for refusal to submit to testing under 29 s. 316.1939, F.S.; amending s. 322.34, F.S.; 30 providing for application of certain penalty 31 provisions for driving without a valid license 22 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 to a person whose driver license or driving 2 privilege has been disqualified; revising 3 penalties for driving without a valid license 4 or knowingly driving while driver license or 5 driving privilege is canceled, suspended, 6 revoked, or disqualified for specified 7 alcohol-related or drug-related convictions or 8 refusal to submit to certain testing; revising 9 provisions for satisfaction of the element of 10 knowledge; requiring a cancellation, 11 suspension, revocation, or disqualification by 12 the department or a uniform traffic citation to 13 contain a provision notifying the person that 14 his or her driver license or driving privilege 15 has been canceled, suspended, revoked, or 16 disqualified; requiring impoundment and 17 immobilization information to be included with 18 notice to a person whose driver license or 19 driving privilege has been canceled, suspended, 20 revoked, or disqualified; revising penalty 21 provisions for a habitual offender driving 22 while his or her license is revoked; revising 23 circumstances for application of specified 24 penalties for certain careless or negligent 25 driving offenses; requiring a written judgment 26 signed by the judge and recorded by the clerk 27 for cases involving a violation of requirements 28 to possess a valid driver license; providing 29 for content of the written judgment; requiring 30 fingerprints of the defendant and a certificate 31 to be affixed to the written judgment of 23 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 conviction; providing for content of the 2 certificate; providing that the written 3 judgment shall be admissible as prima facie 4 evidence that the fingerprints appearing 5 thereon and certified by the judge are the 6 fingerprints of the defendant; requiring the 7 defendant's social security number to be 8 affixed to the written judgment of conviction 9 or the reason for its absence to be indicated; 10 amending s. 322.34, F.S.; providing penalties 11 for knowingly aiding a person whose driver 12 license or driving privilege is canceled, 13 suspended, revoked, or disqualified by 14 providing a motor vehicle or authorizing use of 15 a motor vehicle; providing for a rebuttable 16 presumption of the knowledge requirement; 17 requiring an officer stopping a motor vehicle 18 being driven by or under the actual physical 19 control of a person whose driver license or 20 driving privilege is canceled, suspended, 21 revoked, or disqualified to impound or 22 immobilize the motor vehicle; providing for 23 notice to the driver; providing for impoundment 24 and immobilization of the motor vehicle by the 25 department; providing for notice to registered 26 owners of the motor vehicle and lienholders; 27 authorizing the department to adopt rules 28 providing for the department to commence 29 impoundment or immobilization at the scene 30 where the motor vehicle was stopped; providing 31 procedures; providing for release of the motor 24 4:10 PM 04/18/06 s0878.tr21.125
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 878 Barcode 200714 1 vehicle; requiring department records to 2 contain impoundment and immobilization 3 information; providing for payment of costs; 4 providing for certain fees for certain 5 purposes; requiring the department to authorize 6 release of the motor vehicle upon satisfaction 7 of all requirements; providing for an impounded 8 or immobilized motor vehicle that is found 9 being operated upon any street or highway in 10 this state during period of impoundment or 11 immobilization to be seized and subject to 12 forfeit; authorizing the department to contract 13 with vendors; requiring the department to make 14 driver license status information available to 15 the public through the Internet and a phone 16 system; authorizing the department to adopt 17 rules; amending s. 322.341, F.S.; revising 18 penalty provisions for a person who drives a 19 motor vehicle when his or her driver license 20 has been permanently revoked; directing the 21 department to inform drivers whose license or 22 driving privilege has been canceled, suspended, 23 revoked, or disqualified and the motoring 24 public of the provisions for impoundment and 25 immobilization of motor vehicles under this 26 act; providing effective dates. 27 28 29 30 31 25 4:10 PM 04/18/06 s0878.tr21.125