| 1 | A bill to be entitled |
| 2 | An act relating to driving without a valid license; |
| 3 | creating the "Deputy Michael Callin, Michael Haligowski, |
| 4 | and Deputy Ryan C. Seguin Memorial Traffic Safety Act"; |
| 5 | amending s. 318.14, F.S.; authorizing the court to |
| 6 | withhold adjudication of certain violations related to |
| 7 | driving without a valid license if the person cited meets |
| 8 | certain conditions; providing that the withholding of |
| 9 | adjudication is not a conviction under certain |
| 10 | circumstances; amending s. 322.03, F.S.; requiring a |
| 11 | written judgment signed by the judge and recorded by the |
| 12 | clerk for cases involving a violation of requirements to |
| 13 | possess a valid driver license; requiring defendant's |
| 14 | fingerprints and a certificate to be affixed to the |
| 15 | written judgment of conviction; providing for content of |
| 16 | the certificate; requiring the defendant's social security |
| 17 | number to be affixed to the written judgment of conviction |
| 18 | or the reason for its absence to be indicated; providing |
| 19 | that the written judgment constitutes prima facie evidence |
| 20 | that the fingerprints are the defendant's fingerprints; |
| 21 | amending s. 322.17, F.S.; providing for issuance of a |
| 22 | replacement driver license upon notification of a change |
| 23 | in the licensee's address; removing the fee for a change |
| 24 | of address; amending s. 322.251, F.S.; requiring |
| 25 | impoundment and immobilization information to be included |
| 26 | with notice to a person whose driver license or driving |
| 27 | privilege is being canceled, suspended, revoked, or |
| 28 | disqualified; requiring the Department of Highway Safety |
| 29 | and Motor Vehicles to make driver license status |
| 30 | information available to the public through the Internet |
| 31 | and a telephone hotline; requiring the department to |
| 32 | certify the date of availability of the information upon |
| 33 | request by certain persons; amending s. 322.34, F.S.; |
| 34 | providing for application of certain penalty provisions to |
| 35 | a person who does not have a valid driver license or whose |
| 36 | driver license or driving privilege has been disqualified; |
| 37 | revising penalties for driving without a valid license or |
| 38 | knowingly driving while driver license or driving |
| 39 | privilege is canceled, suspended, revoked, or disqualified |
| 40 | for specified alcohol-related or drug-related convictions |
| 41 | or refusal to submit to certain testing; revising |
| 42 | provisions for satisfaction of the element of knowledge; |
| 43 | requiring a cancellation, suspension, revocation, or |
| 44 | disqualification by the department or a uniform traffic |
| 45 | citation to contain a provision notifying the person that |
| 46 | his or her driver license or driving privilege has been |
| 47 | canceled, suspended, revoked, or disqualified; requiring |
| 48 | impoundment and immobilization information to be included |
| 49 | with notice to a person whose driver license or driving |
| 50 | privilege has been canceled, suspended, revoked, or |
| 51 | disqualified; revising penalty provisions for a habitual |
| 52 | offender driving while his or her license is revoked; |
| 53 | providing that a person who causes the death of or serious |
| 54 | bodily injury to another person by careless or negligent |
| 55 | operation of a motor vehicle while his or her license or |
| 56 | driving privilege is canceled, suspended, revoked, or |
| 57 | disqualified commits a felony of the third degree; |
| 58 | requiring a written judgment signed by the judge and |
| 59 | recorded by the clerk for cases involving a violation of |
| 60 | requirements to possess a valid driver license; requiring |
| 61 | defendant's fingerprints and a certificate to be affixed |
| 62 | to the written judgment of conviction; providing for |
| 63 | content of the certificate; requiring the defendant's |
| 64 | social security number to be affixed to the written |
| 65 | judgment of conviction or the reason for its absence to be |
| 66 | indicated; providing that the written judgment constitutes |
| 67 | prima facie evidence that the fingerprints are the |
| 68 | defendant's fingerprints; amending s. 322.34, F.S.; |
| 69 | requiring a law enforcement officer who determines that a |
| 70 | motor vehicle is being driven by or under the actual |
| 71 | physical control of a person whose driver license or |
| 72 | driving privilege is canceled, suspended, revoked, or |
| 73 | disqualified to impound or immobilize the motor vehicle; |
| 74 | providing for notice to the driver; providing for |
| 75 | impoundment and immobilization of the motor vehicle by the |
| 76 | department; providing for notice to registered owners of |
| 77 | the motor vehicle and lienholders; providing for the |
| 78 | department to commence impoundment or immobilization at |
| 79 | the scene where the motor vehicle was immobilized; |
| 80 | providing procedures; providing for release of the motor |
| 81 | vehicle; requiring department records to contain |
| 82 | impoundment and immobilization information; providing for |
| 83 | payment of costs; providing for certain fees and |
| 84 | distribution of moneys collected; requiring the department |
| 85 | to authorize release of the motor vehicle upon |
| 86 | satisfaction of all requirements; prohibiting operation of |
| 87 | an immobilized motor vehicle; providing for an immobilized |
| 88 | motor vehicle that is found being operated upon any street |
| 89 | or highway in this state before release from |
| 90 | immobilization to be seized and subject to forfeit; |
| 91 | authorizing the department to contract with vendors; |
| 92 | directing the department to inform the person whose driver |
| 93 | license or driving privilege has been canceled, suspended, |
| 94 | revoked, or disqualified that any motor vehicle driven by |
| 95 | or under the actual physical control of that person is |
| 96 | subject to impoundment and immobilization; requiring the |
| 97 | department to make driver license status information |
| 98 | available to the public through the Internet and a |
| 99 | telephone hotline; authorizing the department to adopt |
| 100 | rules; providing penalties for knowingly aiding a person |
| 101 | whose driver license or driving privilege is canceled, |
| 102 | suspended, revoked, or disqualified by providing a motor |
| 103 | vehicle or authorizing use of a motor vehicle; providing |
| 104 | for a rebuttable presumption of satisfaction of the |
| 105 | knowledge requirement; amending s. 322.341, F.S.; revising |
| 106 | penalty provisions for a person who drives a motor vehicle |
| 107 | when his or her driver license has been permanently |
| 108 | revoked; amending s. 932.701, F.S.; revising the |
| 109 | definition of "contraband article" to include certain |
| 110 | seized motor vehicles for purposes of the Florida |
| 111 | Contraband Forfeiture Act; directing the department to |
| 112 | inform drivers whose license or driving privilege has been |
| 113 | canceled, suspended, revoked, or disqualified and the |
| 114 | motoring public of the provisions for impoundment and |
| 115 | immobilization of motor vehicles under this act; providing |
| 116 | effective dates. |
| 117 |
|
| 118 | Be It Enacted by the Legislature of the State of Florida: |
| 119 |
|
| 120 | Section 1. This act may be cited as the "Deputy Michael |
| 121 | Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial |
| 122 | Traffic Safety Act." |
| 123 | Section 2. Subsection (11) of section 318.14, Florida |
| 124 | Statutes, is amended to read: |
| 125 | 318.14 Noncriminal traffic infractions; exception; |
| 126 | procedures.-- |
| 127 | (11)(a) If adjudication is withheld for any person |
| 128 | pursuant to subsection (9) or subsection (10) charged or cited |
| 129 | under this section, such action is not a conviction. |
| 130 | (b) If a person is cited for a violation of s. |
| 131 | 322.34(2)(a) or (b) with a license that has been suspended |
| 132 | solely for failure to appear, failure to pay a civil penalty, or |
| 133 | failure to attend a driver improvement course pursuant to s. |
| 134 | 322.291 and such person provides to the court a valid or |
| 135 | reinstated driver's license and proper proof of maintenance of |
| 136 | security as required by s. 316.646, the court may withhold |
| 137 | adjudication pursuant to this subsection. If adjudication is |
| 138 | withheld for any person pursuant to this paragraph, such action |
| 139 | is not a conviction if adjudication has not been withheld under |
| 140 | this paragraph for a prior offense during the 3 years before the |
| 141 | date of the cited offense. |
| 142 | Section 3. Subsection (7) is added to section 322.03, |
| 143 | Florida Statutes, to read: |
| 144 | 322.03 Drivers must be licensed; penalties.-- |
| 145 | (7)(a) Every judgment for a violation of subsection (1), |
| 146 | regardless of whether adjudication is withheld, shall be in |
| 147 | writing, signed by the judge, and recorded by the clerk of the |
| 148 | circuit court. |
| 149 | 1. In open court and in the presence of the judge, the |
| 150 | judge shall cause the fingerprints of the defendant against whom |
| 151 | the judgment is rendered to be affixed beneath the judge's |
| 152 | signature to the written judgment of conviction. Beneath the |
| 153 | fingerprints shall be appended a certificate to the following |
| 154 | effect: |
| 155 |
|
| 156 | "I hereby certify that the above fingerprints are those of the |
| 157 | defendant, (name of defendant), and that they were placed |
| 158 | thereon by said defendant in my presence, in open court, this |
| 159 | the .... day of ...., (year)." |
| 160 | 2. The certificate shall be signed by the judge, whose |
| 161 | signature shall be followed by the word "Judge." |
| 162 | 3. At the time the defendant's fingerprints are taken, the |
| 163 | judge shall also cause the defendant's social security number to |
| 164 | be taken. The defendant's social security number shall be |
| 165 | affixed to every written judgment of conviction in open court, |
| 166 | in the presence of the judge, and at the time the judgment is |
| 167 | rendered. If the defendant is unable or unwilling to provide his |
| 168 | or her social security number, the reason for its absence shall |
| 169 | be indicated on the written judgment. |
| 170 | (b) Any such written judgment, or a certified copy |
| 171 | thereof, shall be admissible in evidence in the several courts |
| 172 | of this state as prima facie evidence that the fingerprints |
| 173 | appearing thereon and certified by the judge are the |
| 174 | fingerprints of the defendant against whom that judgment was |
| 175 | rendered. |
| 176 | Section 4. Subsection (2) of section 322.17, Florida |
| 177 | Statutes, is amended to read: |
| 178 | 322.17 Duplicate and replacement certificates.-- |
| 179 | (2) Upon the surrender of the original license and the |
| 180 | payment of a $10 replacement fee, the department shall issue a |
| 181 | replacement license to make a change in name, address, or |
| 182 | restrictions. Upon written request by the licensee and |
| 183 | notification of a change in address, and the payment of a $10 |
| 184 | fee, the department shall issue a replacement license an address |
| 185 | sticker which shall be affixed to the back of the license by the |
| 186 | licensee. Nine dollars of the fee levied in this subsection |
| 187 | shall go to the Highway Safety Operating Trust Fund of the |
| 188 | department. |
| 189 | Section 5. Subsections (1) and (6) of section 322.251, |
| 190 | Florida Statutes, are amended to read: |
| 191 | 322.251 Notice of cancellation, suspension, revocation, or |
| 192 | disqualification of license.-- |
| 193 | (1) All orders of cancellation, suspension, revocation, or |
| 194 | disqualification issued under the provisions of this chapter, |
| 195 | chapter 318, chapter 324, or ss. 627.732-627.734 shall be given |
| 196 | either by personal delivery thereof to the licensee whose |
| 197 | license is being canceled, suspended, revoked, or disqualified |
| 198 | or by deposit in the United States mail in an envelope, first |
| 199 | class, postage prepaid, addressed to the licensee at his or her |
| 200 | last known mailing address furnished to the department. Such |
| 201 | mailing by the department constitutes notification, and any |
| 202 | failure by the person to receive the mailed order will not |
| 203 | affect or stay the effective date or term of the cancellation, |
| 204 | suspension, revocation, or disqualification of the licensee's |
| 205 | driving privilege. Notification of cancellation, suspension, |
| 206 | revocation, or disqualification given by the department under |
| 207 | this section shall also inform the person whose license or |
| 208 | driving privilege has been canceled, suspended, revoked, or |
| 209 | disqualified that any motor vehicle driven by or under the |
| 210 | actual physical control of that person while the license or |
| 211 | driving privilege is canceled, suspended, revoked, or |
| 212 | disqualified is subject to impoundment and immobilization under |
| 213 | s. 322.34; however, any failure by the department to include the |
| 214 | impoundment and immobilization information with the notification |
| 215 | or any failure by the person to receive that information will |
| 216 | not affect or stay the effective date or term of the |
| 217 | cancellation, suspension, revocation, or disqualification of the |
| 218 | licensee's driving privilege and will not preclude, bar, or |
| 219 | otherwise affect the impoundment or immobilization of a motor |
| 220 | vehicle under s. 322.34. |
| 221 | (6)(a) Whenever a cancellation, suspension, revocation, or |
| 222 | disqualification occurs, the department shall enter the |
| 223 | cancellation, suspension, revocation, or disqualification order |
| 224 | on the licensee's driver file 20 days after the notice was |
| 225 | actually placed in the mail. Any inquiry into the file after the |
| 226 | 20-day period shall reveal that the license is canceled, |
| 227 | suspended, revoked, or disqualified and whether the license has |
| 228 | been received by the department. |
| 229 | (b)1. The department shall make available on its Internet |
| 230 | website the means to determine the status of a person's driver's |
| 231 | license by entering the person's driver's license number or the |
| 232 | person's name and date of birth and the last four digits of the |
| 233 | person's social security number. The department shall also |
| 234 | provide a telephone hotline to provide callers with the status |
| 235 | of a person's driver's license. The information provided on the |
| 236 | Internet website or via the telephone hotline under this |
| 237 | subparagraph shall include the date and time that information |
| 238 | was first made available to the public. |
| 239 | 2. Upon request from any law enforcement agency or officer |
| 240 | of the court, the department shall certify the date and time the |
| 241 | information was first made available to the public under |
| 242 | subparagraph 1. |
| 243 | Section 6. Effective October 1, 2007, subsections (1), |
| 244 | (2), (4), (5), and (6) of section 322.34, Florida Statutes, are |
| 245 | amended, and subsection (10) is added to that section, to read: |
| 246 | 322.34 Driving while license suspended, revoked, canceled, |
| 247 | or disqualified.-- |
| 248 | (1) Except as provided in subsection (2) and s. 322.341, |
| 249 | any person whose driver's license or driving privilege has been |
| 250 | canceled, suspended, or revoked, or disqualified, except a |
| 251 | "habitual traffic offender" as defined in s. 322.264, who drives |
| 252 | a vehicle upon the highways of this state while such license or |
| 253 | privilege is canceled, suspended, or revoked, or disqualified |
| 254 | commits is guilty of a moving violation, punishable as provided |
| 255 | in chapter 318. |
| 256 | (2) Except as provided in s. 322.341, any person whose |
| 257 | driver's license or driving privilege has been canceled, |
| 258 | suspended, or revoked, or disqualified as provided by law, |
| 259 | except persons defined in s. 322.264, who, knowing of such |
| 260 | cancellation, suspension, or revocation, or disqualification, |
| 261 | drives any motor vehicle upon the highways of this state while |
| 262 | such license or privilege is canceled, suspended, or revoked, or |
| 263 | disqualified, or any person who drives any motor vehicle upon |
| 264 | the highways of this state without having a valid driver's |
| 265 | license as required under s. 322.03, upon: |
| 266 | (a) A first conviction is guilty of a misdemeanor of the |
| 267 | second degree, punishable as provided in s. 775.082 or s. |
| 268 | 775.083, except that any person whose driver's license or |
| 269 | driving privilege was canceled, suspended, revoked, or |
| 270 | disqualified under s. 322.2615 relating to unlawful blood- |
| 271 | alcohol level or breath-alcohol level or for refusal to submit |
| 272 | to a breath, urine, or blood test authorized by s. 316.1932, s. |
| 273 | 322.28(2)(a) for a violation of s. 316.193 or s. 316.1931 |
| 274 | prohibiting driving under the influence, s. 316.655(2) for an |
| 275 | alcohol-related or drug-related conviction, or s. 316.1939 for |
| 276 | refusal to submit to testing is guilty of a misdemeanor of the |
| 277 | first degree, punishable as provided in s. 775.082 or s. |
| 278 | 775.083, and the court must order imprisonment for not less than |
| 279 | 30 days. |
| 280 | (b) A second conviction is guilty of a misdemeanor of the |
| 281 | first degree, punishable as provided in s. 775.082 or s. |
| 282 | 775.083. |
| 283 | (c) A third or subsequent conviction is guilty of a felony |
| 284 | of the third degree, punishable as provided in s. 775.082, s. |
| 285 | 775.083, or s. 775.084. |
| 286 |
|
| 287 | The element of knowledge is satisfied if the person has been |
| 288 | previously cited as provided in subsection (1); or the person |
| 289 | admits to knowledge of the cancellation, suspension, or |
| 290 | revocation, or disqualification; or the person received notice |
| 291 | as provided in subsection (4). There shall be a rebuttable |
| 292 | presumption that the knowledge requirement is satisfied if a |
| 293 | judgment or order or a cancellation, suspension, revocation, or |
| 294 | disqualification by the department as provided in subsection (4) |
| 295 | appears in the department's records for any case except for one |
| 296 | involving a suspension by the department for failure to pay a |
| 297 | traffic fine or for a financial responsibility violation. |
| 298 | (4) Any judgment or order rendered by a court or |
| 299 | adjudicatory body, any cancellation, suspension, revocation, or |
| 300 | disqualification by the department, or any uniform traffic |
| 301 | citation that cancels, suspends, or revokes, or disqualifies a |
| 302 | person's driver's license must contain a provision notifying the |
| 303 | person that his or her driver's license has been canceled, |
| 304 | suspended, or revoked, or disqualified and must inform the |
| 305 | person that any motor vehicle driven by that person while the |
| 306 | license is canceled, suspended, revoked, or disqualified shall |
| 307 | be impounded or immobilized pursuant to this section. |
| 308 | (5) Any person whose driver's license has been revoked |
| 309 | pursuant to s. 322.264 (habitual offender) and who drives any |
| 310 | motor vehicle upon the highways of this state while such license |
| 311 | is revoked commits is guilty of a felony of the third degree, |
| 312 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 313 | and the court must order imprisonment for not less than 60 days. |
| 314 | (6) Any person who operates a motor vehicle: |
| 315 | (a) Without having a driver's license as required under s. |
| 316 | 322.03; or |
| 317 | (b) While his or her driver's license or driving privilege |
| 318 | is canceled, suspended, or revoked, or disqualified pursuant to |
| 319 | s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), |
| 320 |
|
| 321 | and who by careless or negligent operation of the motor vehicle |
| 322 | causes the death of or serious bodily injury to another human |
| 323 | being, commits is guilty of a felony of the third degree, |
| 324 | punishable as provided in s. 775.082 or s. 775.083. |
| 325 | (10)(a) With respect to any offense governed by the |
| 326 | provisions of this section, regardless of whether adjudication |
| 327 | is withheld, every judgment shall be in writing, signed by the |
| 328 | judge, and recorded by the clerk of the circuit court. |
| 329 | 1. In open court and in the presence of the judge, the |
| 330 | judge shall cause the fingerprints of the defendant against whom |
| 331 | the judgment is rendered to be affixed beneath the judge's |
| 332 | signature to the written judgment of conviction. Beneath the |
| 333 | fingerprints shall be appended a certificate to the following |
| 334 | effect: |
| 335 |
|
| 336 | "I hereby certify that the above fingerprints are those of the |
| 337 | defendant, (name of defendant), and that they were placed |
| 338 | thereon by said defendant in my presence, in open court, this |
| 339 | the .... day of ...., (year)." |
| 340 | 2. The certificate shall be signed by the judge, whose |
| 341 | signature shall be followed by the word "Judge." |
| 342 | 3. At the time the defendant's fingerprints are taken, the |
| 343 | judge shall also cause the defendant's social security number to |
| 344 | be taken. The defendant's social security number shall be |
| 345 | affixed to every written judgment of conviction in open court, |
| 346 | in the presence of the judge, and at the time the judgment is |
| 347 | rendered. If the defendant is unable or unwilling to provide his |
| 348 | or her social security number, the reason for its absence shall |
| 349 | be indicated on the written judgment. |
| 350 | (b) Any such written judgment, or a certified copy |
| 351 | thereof, shall be admissible in evidence in the several courts |
| 352 | of this state as prima facie evidence that the fingerprints |
| 353 | appearing thereon and certified by the judge are the |
| 354 | fingerprints of the defendant against whom that judgment was |
| 355 | rendered. |
| 356 | Section 7. Effective July 1, 2008, subsections (3) and (8) |
| 357 | of section 322.34, Florida Statutes, as amended by this act, are |
| 358 | amended, and subsection (11) is added to that section, to read: |
| 359 | 322.34 Driving while license suspended, revoked, canceled, |
| 360 | or disqualified.-- |
| 361 | (3) In any proceeding for a violation of this section, a |
| 362 | court may consider evidence, other than that specified in |
| 363 | subsection (2) or subsection (11), that the person knowingly |
| 364 | violated this section. |
| 365 | (8)(a)1. If a law enforcement officer determines that a |
| 366 | motor vehicle is being driven by or is under the actual physical |
| 367 | control of a person whose driver's license or driving privilege |
| 368 | is canceled, suspended, revoked, or disqualified, the officer |
| 369 | shall immediately impound the motor vehicle or immobilize the |
| 370 | motor vehicle by installing an immobilization device on the |
| 371 | vehicle or removing the vehicle registration tag. The officer |
| 372 | shall serve notice of the impoundment or immobilization upon the |
| 373 | driver. The notice shall include the location where the motor |
| 374 | vehicle is being held and information on the procedures to have |
| 375 | the motor vehicle released from impoundment or immobilization by |
| 376 | a department-approved vendor. If the law enforcement officer |
| 377 | removes the vehicle registration tag, the tag shall be given to |
| 378 | the department or the department's agent and held until the |
| 379 | motor vehicle is released from impoundment or immobilization. A |
| 380 | law enforcement officer who proceeds in good faith to immobilize |
| 381 | or impound a vehicle under this section shall not be responsible |
| 382 | for any towing, immobilizing, or impounding fees. |
| 383 | 2. A law enforcement officer impounding or immobilizing a |
| 384 | motor vehicle under subparagraph 1. shall notify the department |
| 385 | or the department's agent within 24 hours to effect impoundment |
| 386 | or immobilization under this paragraph. The department or the |
| 387 | department's agent shall remove and impound or immobilize the |
| 388 | motor vehicle at another location. The motor vehicle may be |
| 389 | immobilized by installation of an immobilization device on the |
| 390 | vehicle or removal of the vehicle registration tag; however, the |
| 391 | impounding company shall not release the motor vehicle for |
| 392 | immobilization at another location without proof that the |
| 393 | immobilization vendor is approved by the department. The motor |
| 394 | vehicle shall remain in impound or immobilized until the owner |
| 395 | or lessee receives authorization from the department for release |
| 396 | of the motor vehicle under the provisions of this subsection. |
| 397 | The department is authorized to adopt by rule procedures for |
| 398 | removal and immobilization of the motor vehicle by a department- |
| 399 | approved vendor from the location where the motor vehicle was |
| 400 | impounded or immobilized by the law enforcement officer under |
| 401 | subparagraph 1. |
| 402 | 3. A motor vehicle impounded or immobilized under this |
| 403 | paragraph that, according to the records of the department, is |
| 404 | owned or leased by the person who was driving or in actual |
| 405 | physical control of the motor vehicle when it was stopped and |
| 406 | impounded or immobilized under subparagraph 1. shall remain |
| 407 | impounded or immobilized until the person's license and driving |
| 408 | privilege are reinstated and payment of the fees imposed under |
| 409 | paragraph (c) and all costs of towing, impoundment, |
| 410 | immobilization, and storage has been made. If department records |
| 411 | show a different owner or lessee, the motor vehicle shall be |
| 412 | released to that owner or lessee or the owner's or lessee's |
| 413 | agent upon payment of the fees imposed under paragraph (c) and |
| 414 | all costs of towing, impoundment, immobilization, and storage. |
| 415 | The department's records shall reflect that the motor vehicle is |
| 416 | immobilized or impounded. |
| 417 | (b) Within 7 business days after the date the law |
| 418 | enforcement agency or the department impounds or immobilizes the |
| 419 | motor vehicle under this subsection, the department shall send |
| 420 | notice of the impoundment or immobilization by certified mail, |
| 421 | return receipt requested, to any registered owners or coowners |
| 422 | of the motor vehicle other than the driver and to each person of |
| 423 | record claiming a lien against the motor vehicle. The notice |
| 424 | shall include the location where the motor vehicle is being held |
| 425 | and information on the procedures to have the motor vehicle |
| 426 | released from impoundment or immobilization by a department- |
| 427 | approved vendor. All costs and fees for the impoundment or |
| 428 | immobilization, including the cost of notification, must be paid |
| 429 | by the owner of the motor vehicle or, if the motor vehicle is |
| 430 | leased, by the person leasing the motor vehicle. |
| 431 | (c)1. The department shall collect a $30 processing fee |
| 432 | from the owner or lessee prior to release of any motor vehicle |
| 433 | immobilized or impounded under this subsection. Moneys collected |
| 434 | under this subparagraph shall be forwarded to the Department of |
| 435 | Revenue for deposit into the State Transportation Trust Fund |
| 436 | created under s. 206.46 to be used to carry out public transit |
| 437 | responsibilities of the Department of Transportation under s. |
| 438 | 341.041. |
| 439 | 2. The department shall charge a reasonable fee, not to |
| 440 | exceed $6, to the owner or lessee of the motor vehicle to cover |
| 441 | the operational costs of the program and the cost of |
| 442 | immobilizing or impounding the motor vehicle. Fees collected |
| 443 | under this subparagraph shall be deposited in the Operating |
| 444 | Trust Fund of the Department of Highway Safety and Motor |
| 445 | Vehicles. |
| 446 | (d) Upon satisfaction of all of the requirements under |
| 447 | this subsection for release of the motor vehicle, the department |
| 448 | shall authorize release of the motor vehicle to the owner or |
| 449 | lessee. |
| 450 | (e) A motor vehicle immobilized under this subsection may |
| 451 | not be operated in this state until released from immobilization |
| 452 | by the department or the department's agent. A motor vehicle |
| 453 | immobilized under this subsection that is found being operated |
| 454 | upon any street or highway in this state before being released |
| 455 | by the department or the department's agent shall be seized and |
| 456 | removed from the street or highway and may be forfeited pursuant |
| 457 | to ss. 932.701-932.704. |
| 458 | (f) The department may contract with vendors to carry out |
| 459 | the provisions of this subsection. |
| 460 | (g) Notification of cancellation, suspension, revocation, |
| 461 | or disqualification given by the department under s. 322.251 |
| 462 | shall also inform the person whose driver's license or driving |
| 463 | privilege has been canceled, suspended, revoked, or disqualified |
| 464 | that any motor vehicle driven by or under the actual physical |
| 465 | control of that person while the license or driving privilege is |
| 466 | canceled, suspended, revoked, or disqualified is subject to |
| 467 | impoundment and immobilization under this subsection; however, |
| 468 | failure to receive the information shall not preclude, bar, or |
| 469 | otherwise affect the impoundment or immobilization of a motor |
| 470 | vehicle under this subsection. |
| 471 | (h) The department shall make available on its Internet |
| 472 | website the means to determine the status of a person's driver's |
| 473 | license by entering the driver's license number or name and date |
| 474 | of birth of the licensee. The department shall also provide a |
| 475 | telephone hotline to provide callers with the status of a |
| 476 | person's driver's license. |
| 477 | (i) The department may adopt rules pursuant to ss. |
| 478 | 120.536(1) and 120.54 to implement the provisions of this |
| 479 | subsection. Upon the arrest of a person for the offense of |
| 480 | driving while the person's driver's license or driving privilege |
| 481 | is suspended or revoked, the arresting officer shall determine: |
| 482 | 1. Whether the person's driver's license is suspended or |
| 483 | revoked. |
| 484 | 2. Whether the person's driver's license has remained |
| 485 | suspended or revoked since a conviction for the offense of |
| 486 | driving with a suspended or revoked license. |
| 487 | 3. Whether the suspension or revocation was made under s. |
| 488 | 316.646 or s. 627.733, relating to failure to maintain required |
| 489 | security, or under s. 322.264, relating to habitual traffic |
| 490 | offenders. |
| 491 | 4. Whether the driver is the registered owner or coowner |
| 492 | of the vehicle. |
| 493 | (b) If the arresting officer finds in the affirmative as |
| 494 | to all of the criteria in paragraph (a), the officer shall |
| 495 | immediately impound or immobilize the vehicle. |
| 496 | (c) Within 7 business days after the date the arresting |
| 497 | agency impounds or immobilizes the vehicle, either the arresting |
| 498 | agency or the towing service, whichever is in possession of the |
| 499 | vehicle, shall send notice by certified mail, return receipt |
| 500 | requested, to any coregistered owners of the vehicle other than |
| 501 | the person arrested and to each person of record claiming a lien |
| 502 | against the vehicle. All costs and fees for the impoundment or |
| 503 | immobilization, including the cost of notification, must be paid |
| 504 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 505 | person leasing the vehicle. |
| 506 | (d) Either the arresting agency or the towing service, |
| 507 | whichever is in possession of the vehicle, shall determine |
| 508 | whether any vehicle impounded or immobilized under this section |
| 509 | has been leased or rented or if there are any persons of record |
| 510 | with a lien upon the vehicle. Either the arresting agency or the |
| 511 | towing service, whichever is in possession of the vehicle, shall |
| 512 | notify by express courier service with receipt or certified |
| 513 | mail, return receipt requested, within 7 business days after the |
| 514 | date of the immobilization or impoundment of the vehicle, the |
| 515 | registered owner and all persons having a recorded lien against |
| 516 | the vehicle that the vehicle has been impounded or immobilized. |
| 517 | A lessor, rental car company, or lienholder may then obtain the |
| 518 | vehicle, upon payment of any lawful towing or storage charges. |
| 519 | If the vehicle is a rental vehicle subject to a written |
| 520 | contract, the charges may be separately charged to the renter, |
| 521 | in addition to the rental rate, along with other separate fees, |
| 522 | charges, and recoupments disclosed on the rental agreement. If |
| 523 | the storage facility fails to provide timely notice to a lessor, |
| 524 | rental car company, or lienholder as required by this paragraph, |
| 525 | the storage facility shall be responsible for payment of any |
| 526 | towing or storage charges necessary to release the vehicle to a |
| 527 | lessor, rental car company, or lienholder that accrue after the |
| 528 | notice period, which charges may then be assessed against the |
| 529 | driver of the vehicle if the vehicle was lawfully impounded or |
| 530 | immobilized. |
| 531 | (e) Except as provided in paragraph (d), the vehicle shall |
| 532 | remain impounded or immobilized for any period imposed by the |
| 533 | court until: |
| 534 | 1. The owner presents proof of insurance to the arresting |
| 535 | agency; or |
| 536 | 2. The owner presents proof of sale of the vehicle to the |
| 537 | arresting agency and the buyer presents proof of insurance to |
| 538 | the arresting agency. |
| 539 |
|
| 540 | If proof is not presented within 35 days after the impoundment |
| 541 | or immobilization, a lien shall be placed upon such vehicle |
| 542 | pursuant to s. 713.78. |
| 543 | (f) The owner of a vehicle that is impounded or |
| 544 | immobilized under this subsection may, within 10 days after the |
| 545 | date the owner has knowledge of the location of the vehicle, |
| 546 | file a complaint in the county in which the owner resides to |
| 547 | determine whether the vehicle was wrongfully taken or withheld. |
| 548 | Upon the filing of a complaint, the owner may have the vehicle |
| 549 | released by posting with the court a bond or other adequate |
| 550 | security equal to the amount of the costs and fees for |
| 551 | impoundment or immobilization, including towing or storage, to |
| 552 | ensure the payment of such costs and fees if the owner does not |
| 553 | prevail. When the vehicle owner does not prevail on a complaint |
| 554 | that the vehicle was wrongfully taken or withheld, he or she |
| 555 | must pay the accrued charges for the immobilization or |
| 556 | impoundment, including any towing and storage charges assessed |
| 557 | against the vehicle. When the bond is posted and the fee is paid |
| 558 | as set forth in s. 28.24, the clerk of the court shall issue a |
| 559 | certificate releasing the vehicle. At the time of release, after |
| 560 | reasonable inspection, the owner must give a receipt to the |
| 561 | towing or storage company indicating any loss or damage to the |
| 562 | vehicle or to the contents of the vehicle. |
| 563 | (11) Any owner or lessee of a motor vehicle who knowingly |
| 564 | allows, permits, or authorizes a person whose driver's license |
| 565 | or driving privilege has been canceled, suspended, revoked, or |
| 566 | disqualified to drive the motor vehicle upon the streets or |
| 567 | highways of this state or knowingly gives, leases, lends, or |
| 568 | otherwise provides the motor vehicle to a person whose driver's |
| 569 | license or driving privilege has been canceled, suspended, |
| 570 | revoked, or disqualified while such license or privilege is |
| 571 | canceled, suspended, revoked, or disqualified commits a |
| 572 | misdemeanor of the second degree, punishable as provided in s. |
| 573 | 775.082 or s. 775.083. The element of knowledge is satisfied if |
| 574 | the owner or lessee has been previously charged under this |
| 575 | subsection for providing a motor vehicle to the same person; the |
| 576 | owner admits to knowledge of the cancellation, suspension, |
| 577 | revocation, or disqualification of the driver's license or |
| 578 | driving privilege of the driver; or the owner received notice as |
| 579 | provided in subsection (8) relating to the same driver. There |
| 580 | shall be a rebuttable presumption that the knowledge requirement |
| 581 | is satisfied if the cancellation, suspension, revocation, or |
| 582 | disqualification appears in the department's records and that |
| 583 | information is available to the public through the department's |
| 584 | Internet website or a telephone hotline. |
| 585 | Section 8. Effective October 1, 2007, section 322.341, |
| 586 | Florida Statutes, is amended to read: |
| 587 | 322.341 Driving while license permanently revoked.--Any |
| 588 | person whose driver's license or driving privilege has been |
| 589 | permanently revoked pursuant to s. 322.26 or s. 322.28 and who |
| 590 | drives a motor vehicle upon the highways of this state commits |
| 591 | is guilty of a felony of the third degree, punishable as |
| 592 | provided in s. 775.082, s. 775.083, or s. 775.084, and the court |
| 593 | must order imprisonment for not less than 90 days. |
| 594 | Section 9. Effective July 1, 2008, paragraph (a) of |
| 595 | subsection (2) of section 932.701, Florida Statutes, is amended |
| 596 | to read: |
| 597 | 932.701 Short title; definitions.-- |
| 598 | (2) As used in the Florida Contraband Forfeiture Act: |
| 599 | (a) "Contraband article" means: |
| 600 | 1. Any controlled substance as defined in chapter 893 or |
| 601 | any substance, device, paraphernalia, or currency or other means |
| 602 | of exchange that was used, was attempted to be used, or was |
| 603 | intended to be used in violation of any provision of chapter |
| 604 | 893, if the totality of the facts presented by the state is |
| 605 | clearly sufficient to meet the state's burden of establishing |
| 606 | probable cause to believe that a nexus exists between the |
| 607 | article seized and the narcotics activity, whether or not the |
| 608 | use of the contraband article can be traced to a specific |
| 609 | narcotics transaction. |
| 610 | 2. Any gambling paraphernalia, lottery tickets, money, |
| 611 | currency, or other means of exchange which was used, was |
| 612 | attempted, or intended to be used in violation of the gambling |
| 613 | laws of the state. |
| 614 | 3. Any equipment, liquid or solid, which was being used, |
| 615 | is being used, was attempted to be used, or intended to be used |
| 616 | in violation of the beverage or tobacco laws of the state. |
| 617 | 4. Any motor fuel upon which the motor fuel tax has not |
| 618 | been paid as required by law. |
| 619 | 5. Any personal property, including, but not limited to, |
| 620 | any vessel, aircraft, item, object, tool, substance, device, |
| 621 | weapon, machine, vehicle of any kind, money, securities, books, |
| 622 | records, research, negotiable instruments, or currency, which |
| 623 | was used or was attempted to be used as an instrumentality in |
| 624 | the commission of, or in aiding or abetting in the commission |
| 625 | of, any felony, whether or not comprising an element of the |
| 626 | felony, or which is acquired by proceeds obtained as a result of |
| 627 | a violation of the Florida Contraband Forfeiture Act. |
| 628 | 6. Any real property, including any right, title, |
| 629 | leasehold, or other interest in the whole of any lot or tract of |
| 630 | land, which was used, is being used, or was attempted to be used |
| 631 | as an instrumentality in the commission of, or in aiding or |
| 632 | abetting in the commission of, any felony, or which is acquired |
| 633 | by proceeds obtained as a result of a violation of the Florida |
| 634 | Contraband Forfeiture Act. |
| 635 | 7. Any personal property, including, but not limited to, |
| 636 | equipment, money, securities, books, records, research, |
| 637 | negotiable instruments, currency, or any vessel, aircraft, item, |
| 638 | object, tool, substance, device, weapon, machine, or vehicle of |
| 639 | any kind in the possession of or belonging to any person who |
| 640 | takes aquaculture products in violation of s. 812.014(2)(c). |
| 641 | 8. Any motor vehicle offered for sale in violation of s. |
| 642 | 320.28. |
| 643 | 9. Any motor vehicle used during the course of committing |
| 644 | an offense in violation of s. 322.34(8)(e) or (9)(a). |
| 645 | 10. Any photograph, film, or other recorded image, |
| 646 | including an image recorded on videotape, a compact disc, |
| 647 | digital tape, or fixed disk, that is recorded in violation of s. |
| 648 | 810.145 and is possessed for the purpose of amusement, |
| 649 | entertainment, sexual arousal, gratification, or profit, or for |
| 650 | the purpose of degrading or abusing another person. |
| 651 | 11. Any real property, including any right, title, |
| 652 | leasehold, or other interest in the whole of any lot or tract of |
| 653 | land, which is acquired by proceeds obtained as a result of |
| 654 | Medicaid fraud under s. 409.920 or s. 409.9201; any personal |
| 655 | property, including, but not limited to, equipment, money, |
| 656 | securities, books, records, research, negotiable instruments, or |
| 657 | currency; or any vessel, aircraft, item, object, tool, |
| 658 | substance, device, weapon, machine, or vehicle of any kind in |
| 659 | the possession of or belonging to any person which is acquired |
| 660 | by proceeds obtained as a result of Medicaid fraud under s. |
| 661 | 409.920 or s. 409.9201. |
| 662 | Section 10. The Department of Highway Safety and Motor |
| 663 | Vehicles shall inform the motoring public of the changes to s. |
| 664 | 322.34, Florida Statutes, made by this act relating to |
| 665 | impoundment or immobilization of a motor vehicle being driven by |
| 666 | a person whose driver license is canceled, suspended, revoked, |
| 667 | or disqualified and shall provide such information in newly |
| 668 | printed driver license educational materials after July 1, 2007, |
| 669 | and in public service announcements produced in cooperation with |
| 670 | the Florida Highway Patrol. |
| 671 | Section 11. During the period from July 1, 2007, to July |
| 672 | 1, 2008, the Department of Highway Safety and Motor Vehicles |
| 673 | shall notify by mail persons whose driver license or driving |
| 674 | privilege has been canceled, suspended, revoked, or disqualified |
| 675 | of the changes to s. 322.34, Florida Statutes, made by this act |
| 676 | relating to impoundment or immobilization of a motor vehicle |
| 677 | being driven by such person; however, failure to receive such |
| 678 | notification shall not preclude, bar, or otherwise affect the |
| 679 | impoundment or immobilization of a motor vehicle under s. |
| 680 | 322.34, Florida Statutes. |
| 681 | Section 12. Except as otherwise expressly provided in this |
| 682 | act, this act shall take effect July 1, 2007. |