Senate Bill sb0878

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    Florida Senate - 2006                                   SB 878

    By Senator Smith





    14-474-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to suspension of driver license

  3         and driving privilege; creating the "Michael

  4         Haligowski Memorial Traffic Safety Act";

  5         amending s. 318.15, F.S.; directing traffic

  6         enforcement officers to impound or immobilize a

  7         motor vehicle being driven by or under the

  8         actual physical control of a person whose

  9         driver license and privilege to drive have been

10         suspended for failure to comply with civil

11         penalties imposed for traffic infractions;

12         providing for notice to the driver and the

13         clerk of court; providing conditions for

14         release of the impounded or immobilized motor

15         vehicle; providing for judicial review;

16         providing for a fee; providing for abandonment;

17         providing for lienholder's right to cure a

18         default; directing the Department of Highway

19         Safety and Motor Vehicles to make certain

20         information available on its Internet website

21         and provide the information over a toll-free

22         telephone hotline; directing the department to

23         include impoundment and immobilization

24         information with notification of suspension;

25         creating s. 318.151, F.S.; authorizing counties

26         and municipalities to adopt rules and

27         procedures necessary to implement impoundment

28         and immobilization provisions; authorizing

29         counties and municipalities to enter into

30         interlocal agreements; authorizing counties and

31         municipalities to contract with wrecker

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1         services to carry out impoundment and

 2         immobilization; providing for distribution of

 3         moneys collected by the clerk of court;

 4         providing for use of moneys collected;

 5         directing the department to inform the public;

 6         providing a grace period for the department to

 7         notify drivers whose licenses have been

 8         suspended; providing effective dates.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  This act may be cited as the "Michael

13  Haligowski Memorial Traffic Safety Act."

14         Section 2.  Effective July 1, 2007, section 318.15,

15  Florida Statutes, is amended to read:

16         318.15  Failure to comply with civil penalty or to

17  appear; impoundment or immobilization; penalty.--

18         (1)(a)  If a person fails to comply with the civil

19  penalties provided in s. 318.18 within the time period

20  specified in s. 318.14(4), fails to attend driver improvement

21  school, or fails to appear at a scheduled hearing, the clerk

22  of the court shall notify the Division of Driver Licenses of

23  the Department of Highway Safety and Motor Vehicles of such

24  failure within 10 days after such failure. Upon receipt of

25  such notice, the department shall immediately issue an order

26  suspending the driver's license and privilege to drive of such

27  person effective 20 days after the date the order of

28  suspension is mailed in accordance with s. 322.251(1), (2),

29  and (6). Any such suspension of the driving privilege which

30  has not been reinstated, including a similar suspension

31  imposed outside Florida, shall remain on the records of the

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  department for a period of 7 years from the date imposed and

 2  shall be removed from the records after the expiration of 7

 3  years from the date it is imposed.

 4         (b)  However, a person who elects to attend driver

 5  improvement school and has paid the civil penalty as provided

 6  in s. 318.14(9), but who subsequently fails to attend the

 7  driver improvement school within the time specified by the

 8  court shall be deemed to have admitted the infraction and

 9  shall be adjudicated guilty. In such case the person must pay

10  the clerk of the court the 18 percent deducted pursuant to s.

11  318.14(9), and a processing fee of up to $15, after which no

12  additional penalties, court costs, or surcharges shall be

13  imposed for the violation. The clerk of the court shall notify

14  the department of the person's failure to attend driver

15  improvement school and points shall be assessed pursuant to s.

16  322.27.

17         (2)(a)  An officer stopping a motor vehicle being

18  driven by or under the actual physical control of a person

19  whose driver's license and privilege to drive are suspended

20  under subsection (1) shall have the vehicle removed to an

21  impound lot designated by the county or municipality where the

22  vehicle was stopped. At the discretion of the officer and

23  pursuant to procedures enacted by the county or municipality,

24  the officer may have the motor vehicle removed to the property

25  of the motor vehicle's owner or lessee and cause the motor

26  vehicle to be immobilized with a mechanical immobilization

27  device.

28         (b)  The officer shall serve notice of the impoundment

29  or immobilization upon the driver. The notice shall include

30  the location where the motor vehicle is being held and

31  information on the procedures to have the motor vehicle

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  released from impoundment or immobilization. A copy of the

 2  notice shall be delivered to the clerk of the court in the

 3  county where the impoundment or immobilization was made.

 4  Transmission of the notice may be by electronic means.

 5         (c)1.  A motor vehicle impounded or immobilized under

 6  paragraph (a) which, according to the records of the

 7  department, is owned or leased by the person who was driving

 8  or in actual physical control of the motor vehicle when it was

 9  stopped and impounded or immobilized shall remain impounded or

10  immobilized until the person's license and driving privilege

11  are reinstated as provided in subsection (3) and payment of

12  the impound fee under paragraph (d) has been made. If

13  department records show a different owner or lessee, the motor

14  vehicle shall be released to that owner or lessee or the

15  owner's or lessee's agent upon payment of the impound fee

16  under paragraph (d).

17         2.  Notwithstanding subparagraph 1., if the officer

18  discovers that the motor vehicle was being rented from a motor

19  vehicle rental company, the officer shall not impound or

20  immobilize the vehicle or continue the impoundment or

21  immobilization but shall notify the rental or leasing company

22  that the vehicle is available for pickup and shall notify the

23  clerk of the court if the clerk had been previously notified

24  of the impoundment or immobilization.

25         3.  Any driver who is the owner or lessee of the motor

26  vehicle that is impounded or immobilized under paragraph (a)

27  may, during the period of the impoundment or immobilization,

28  petition the county court of the jurisdiction where the arrest

29  was made to review that impoundment or immobilization. The

30  court shall review the matter within the same time period as

31  the court hears an appeal from an order denying bail or fixing

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  terms of bail or terms of recognizance, giving this matter

 2  precedence over all other matters on its docket. If the driver

 3  proves to the court by a preponderance of the evidence that

 4  the officer did not have probable cause for the arrest, the

 5  court shall rescind the impoundment or immobilization. Upon

 6  rescission, the motor vehicle shall be released. Otherwise,

 7  the court shall affirm the impoundment or immobilization. If

 8  the driver fails to appear without just cause, his or her

 9  right to review shall be waived. The court's findings are

10  without prejudice to the person contesting the impoundment or

11  immobilization or to any other potential party as to any

12  proceedings, civil or criminal, and shall not be evidence in

13  any proceedings, civil or criminal.

14         4.  The owner or lessee of any motor vehicle impounded

15  or immobilized under paragraph (a) who was not the driver at

16  the time of the violation may petition the court in the

17  jurisdiction where the violation occurred for the release of

18  the motor vehicle. The motor vehicle shall be released if the

19  owner or lessee proves by a preponderance of the evidence that

20  he or she did not know that the offender's driver's license

21  was suspended or revoked when he or she authorized the

22  offender to drive the motor vehicle or did not consent to the

23  operation of the motor vehicle by the offender. If the owner

24  or lessee proves by a preponderance of the evidence that his

25  or her immediate family has only one motor vehicle and will

26  suffer a substantial hardship if that motor vehicle is

27  impounded or immobilized, the court, in its discretion, may

28  release the vehicle.

29         5.  Notwithstanding any provision of this subsection, a

30  subsequent dismissal or acquittal of the charge of driving

31  with a suspended or revoked license shall result in an

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  immediate rescission of the impoundment or immobilization

 2  under paragraph (a).

 3         (d)  There shall be imposed an impound fee not to

 4  exceed $100 which must be paid prior to the release of any

 5  motor vehicle impounded or immobilized under this subsection.

 6  Moneys collected under this paragraph shall be used to pay the

 7  costs of vehicle removal and impoundment or immobilization.

 8         (e)  Any impounded motor vehicle remaining at an

 9  impound lot for more than 120 days shall be considered

10  abandoned and disposed of according to law.

11         (f)  Nothing in this subsection shall impede or

12  infringe upon a valid lienholder's rights to cure a default or

13  repossess or remove a motor vehicle from impoundment or

14  immobilization under an existing security agreement. Such

15  lienholder shall not be liable for any fee for impoundment or

16  immobilization.

17         (g)  The department shall make available on its

18  Internet website the means to determine the status of a

19  person's driver's license by entering the name of the holder

20  of the license or the person's driver's license number. The

21  department shall also provide a toll-free telephone hotline to

22  provide callers with the status of a person's driver's

23  license.

24         (h)  Notification of suspension given by the department

25  under s. 322.251 shall also inform the person whose driver's

26  license and privilege to drive have been suspended that any

27  motor vehicle driven by or under the actual physical control

28  of that person while the license and privilege to drive are

29  suspended is subject to impoundment or immobilization under

30  this subsection; however, failure to receive such notification

31  

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  shall not preclude, bar, or otherwise affect the impoundment

 2  or immobilization of a motor vehicle under this subsection.

 3         (3)(2)  After suspension of the driver's license and

 4  privilege to drive of a person under subsection (1), the

 5  license and privilege may not be reinstated until the person

 6  complies with all obligations and penalties imposed on him or

 7  her under s. 318.18 and presents to a driver license office a

 8  certificate of compliance issued by the court, together with a

 9  nonrefundable service charge of up to $47.50 imposed under s.

10  322.29, or presents a certificate of compliance and pays the

11  aforementioned service charge of up to $47.50 to the clerk of

12  the court or tax collector clearing such suspension. Of the

13  charge collected by the clerk of the court or the tax

14  collector, $10 shall be remitted to the Department of Revenue

15  to be deposited into the Highway Safety Operating Trust Fund.

16  Such person shall also be in compliance with requirements of

17  chapter 322 prior to reinstatement.

18         Section 3.  Section 318.151, Florida Statutes, is

19  created to read:

20         318.151  Impoundment or immobilization of motor

21  vehicle; authority of county and municipality; distribution

22  and use of funds.--

23         (1)  Any county may adopt by ordinance rules and

24  procedures necessary to implement the provisions of s.

25  318.15(2), which shall include provisions for:

26         (a)  The amount of the impound fee, which shall not

27  exceed $100, to cover costs of implementing this subsection.

28         (b)  Distribution of moneys collected from the impound

29  fee, including distribution to municipalities and law

30  enforcement agencies, which shall be used pay the costs of

31  implementing s. 318.15(2).

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1         (c)  Designation of lots to be used for impoundment.

 2         (d)  Security of vehicles impounded.

 3         (e)  Release of any property, cargo, or load carried in

 4  or towed by an impounded motor vehicle.

 5         (f)  Release of a motor vehicle from impound when all

 6  conditions for the release have been met.

 7         (g)  Release of an immobilized motor vehicle not later

 8  than 24 hours after all conditions for release have been met.

 9         (h)  Any other matters deemed necessary by the county

10  to implement this section and s. 318.15(2).

11         (2)  A municipality may adopt by ordinance rules and

12  procedures necessary to implement the provisions of this

13  section and s. 318.15(2).

14         (3)  Counties and municipalities may enter into

15  interlocal agreements pursuant to s. 163.01 as they deem

16  necessary to carry out the provisions of this section and s.

17  318.15(2).

18         (4)  A county or municipality may contract with any

19  wrecker service or wrecker company for the removal,

20  impoundment, immobilization, and release of motor vehicles

21  under s. 318.15(2).

22         (5)  Notwithstanding s. 318.21, impound fees collected

23  by the clerk of court under s. 318.15(2) shall be distributed

24  as provided for by the county and used to pay the costs of

25  implementing s. 318.15(2).

26         Section 4.  The Department of Highway Safety and Motor

27  Vehicles shall inform the motoring public of the changes to s.

28  318.15, Florida Statutes, made by this act and shall provide

29  such information in newly printed driver's license educational

30  materials after July 1, 2006, and in public service

31  

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    Florida Senate - 2006                                   SB 878
    14-474-06                                               See HB




 1  announcements produced in cooperation with the Florida Highway

 2  Patrol.

 3         Section 5.  During the period from July 1, 2006, to

 4  July 1, 2007, the Department of Highway Safety and Motor

 5  Vehicles shall notify by mail drivers whose license and

 6  privilege to drive have been suspended under s. 318.15,

 7  Florida Statutes, of the changes to s. 318.15, Florida

 8  Statutes, made by this act; however, failure to receive such

 9  notification shall not preclude, bar, or otherwise affect the

10  impoundment or immobilization of a motor vehicle under s.

11  318.15, Florida Statutes.

12         Section 6.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 2006.

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