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.
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20 Be It Enacted by the Legislature of the State of Florida:
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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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CODING: Words stricken are deletions; words underlined are additions.
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
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CODING: Words stricken are deletions; words underlined are additions.
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.
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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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