Senate Bill sb1706

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    Florida Senate - 2007                                  SB 1706

    By Senator Fasano





    11-1518-07

  1                      A bill to be entitled

  2         An act relating to the seizure and forfeiture

  3         of motor vehicles; amending s. 322.34, F.S.;

  4         providing that the motor vehicle that was

  5         driven by a person who is convicted of a moving

  6         traffic violation and who has previously been

  7         convicted of three or more violations of

  8         driving under the influence is subject to

  9         seizure and forfeiture if, at the time of the

10         moving traffic violation, the person's driver's

11         license is suspended, revoked, or canceled as a

12         result of a prior conviction of driving under

13         the influence; providing that a percentage of

14         the net proceeds from the sale of the motor

15         vehicle be deposited into the Crimes

16         Compensation Trust Fund; amending s. 960.21,

17         F.S.; conforming provisions to changes made by

18         the act; providing an effective date.

19  

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

21  

22         Section 1.  Subsection (10) is added to section 322.34,

23  Florida Statutes, to read:

24         322.34  Driving while license suspended, revoked,

25  canceled, or disqualified.--

26         (10)(a)  The motor vehicle that was driven by a person

27  who is convicted of a moving traffic violation described in s.

28  322.27(3)(d) and who has previously been convicted of three or

29  more violations of s. 316.193 is subject to seizure and

30  forfeiture under ss. 932.701-932.707 and is subject to liens

31  for recovering, towing, or storing vehicles under s. 713.78

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    Florida Senate - 2007                                  SB 1706
    11-1518-07




 1  if, at the time of the moving traffic violation, the person's

 2  driver's license is suspended, revoked, or canceled as a

 3  result of a prior conviction for driving under the influence.

 4         (b)  The law enforcement officer shall notify the

 5  Department of Highway Safety and Motor Vehicles of any

 6  impoundment or seizure under paragraph (a) in accordance with

 7  procedures established by the department.

 8         (c)  Notwithstanding s. 932.703(1)(c) or s. 932.7055,

 9  when the seizing agency obtains a final judgment granting

10  forfeiture of the motor vehicle under this subsection, 30

11  percent of the net proceeds from the sale of the motor vehicle

12  shall be retained by the seizing law enforcement agency and 70

13  percent shall be deposited into the Crimes Compensation Trust

14  Fund for the purpose of paying all necessary and proper

15  expenses incurred by the Department of Legal Affairs under

16  this subsection and for the payment of claims to innocent

17  persons who have suffered personal injury or death as a direct

18  result of adult and juvenile criminal acts as provided in

19  chapter 960.

20         Section 2.  Subsection (2) of section 960.21, Florida

21  Statutes, is amended to read:

22         960.21  Crimes Compensation Trust Fund.--

23         (2)  The moneys placed in the Crimes Compensation Trust

24  Fund shall consist of all moneys appropriated by the

25  Legislature for the purpose of compensating the victims of

26  crime and other claimants under this act, and of moneys

27  recovered on behalf of the department by subrogation or other

28  action, recovered through restitution, received from the

29  Federal Government, received from additional court costs,

30  received from fines, received from the net proceeds from the

31  

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    Florida Senate - 2007                                  SB 1706
    11-1518-07




 1  sale of motor vehicles pursuant to s. 322.34(10), or received

 2  from any other public or private source.

 3         Section 3.  This act shall take effect July 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Provides that the motor vehicle that was driven by a
      person who is convicted of a moving traffic violation and
 8    who has previously been convicted of three or more
      violations of driving under the influence is subject to
 9    seizure and forfeiture if, at the time of the moving
      traffic violation, the person's driver's license is
10    suspended, revoked, or canceled as a result of a prior
      conviction for driving under the influence. Provides that
11    a percentage of the net proceeds from the sale of the
      motor vehicle be deposited into the Crimes Compensation
12    Trust Fund.

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