HB 65

1
A bill to be entitled
2An act relating to driving without a valid license;
3creating the "Deputy Michael Callin, Michael Haligowski,
4and Deputy Ryan C. Seguin Memorial Traffic Safety Act";
5amending s. 318.14, F.S.; authorizing the court to
6withhold adjudication of certain violations related to
7driving without a valid license if the person cited meets
8certain conditions; providing that the withholding of
9adjudication is not a conviction under certain
10circumstances; amending s. 322.03, F.S.; requiring a
11written judgment signed by the judge and recorded by the
12clerk for cases involving a violation of requirements to
13possess a valid driver license; requiring defendant's
14fingerprints and a certificate to be affixed to the
15written judgment of conviction; providing for content of
16the certificate; requiring the defendant's social security
17number to be affixed to the written judgment of conviction
18or the reason for its absence to be indicated; providing
19that the written judgment constitutes prima facie evidence
20that the fingerprints are the defendant's fingerprints;
21amending s. 322.17, F.S.; providing for issuance of a
22replacement driver license upon notification of a change
23in the licensee's address; removing the fee for a change
24of address; amending s. 322.251, F.S.; requiring
25impoundment and immobilization information to be included
26with notice to a person whose driver license or driving
27privilege is being canceled, suspended, revoked, or
28disqualified; requiring the Department of Highway Safety
29and Motor Vehicles to make driver license status
30information available to the public through the Internet
31and a telephone hotline; requiring the department to
32certify the date of availability of the information upon
33request by certain persons; amending s. 322.34, F.S.;
34providing for application of certain penalty provisions to
35a person who does not have a valid driver license or whose
36driver license or driving privilege has been disqualified;
37revising penalties for driving without a valid license or
38knowingly driving while driver license or driving
39privilege is canceled, suspended, revoked, or disqualified
40for specified alcohol-related or drug-related convictions
41or refusal to submit to certain testing; revising
42provisions for satisfaction of the element of knowledge;
43requiring a cancellation, suspension, revocation, or
44disqualification by the department or a uniform traffic
45citation to contain a provision notifying the person that
46his or her driver license or driving privilege has been
47canceled, suspended, revoked, or disqualified; requiring
48impoundment and immobilization information to be included
49with notice to a person whose driver license or driving
50privilege has been canceled, suspended, revoked, or
51disqualified; revising penalty provisions for a habitual
52offender driving while his or her license is revoked;
53providing that a person who causes the death of or serious
54bodily injury to another person by careless or negligent
55operation of a motor vehicle while his or her license or
56driving privilege is canceled, suspended, revoked, or
57disqualified commits a felony of the third degree;
58requiring a written judgment signed by the judge and
59recorded by the clerk for cases involving a violation of
60requirements to possess a valid driver license; requiring
61defendant's fingerprints and a certificate to be affixed
62to the written judgment of conviction; providing for
63content of the certificate; requiring the defendant's
64social security number to be affixed to the written
65judgment of conviction or the reason for its absence to be
66indicated; providing that the written judgment constitutes
67prima facie evidence that the fingerprints are the
68defendant's fingerprints; amending s. 322.34, F.S.;
69requiring a law enforcement officer who determines that a
70motor vehicle is being driven by or under the actual
71physical control of a person whose driver license or
72driving privilege is canceled, suspended, revoked, or
73disqualified to impound or immobilize the motor vehicle;
74providing for notice to the driver; providing for
75impoundment and immobilization of the motor vehicle by the
76department; providing for notice to registered owners of
77the motor vehicle and lienholders; providing for the
78department to commence impoundment or immobilization at
79the scene where the motor vehicle was immobilized;
80providing procedures; providing for release of the motor
81vehicle; requiring department records to contain
82impoundment and immobilization information; providing for
83payment of costs; providing for certain fees and
84distribution of moneys collected; requiring the department
85to authorize release of the motor vehicle upon
86satisfaction of all requirements; prohibiting operation of
87an immobilized motor vehicle; providing for an immobilized
88motor vehicle that is found being operated upon any street
89or highway in this state before release from
90immobilization to be seized and subject to forfeit;
91authorizing the department to contract with vendors;
92directing the department to inform the person whose driver
93license or driving privilege has been canceled, suspended,
94revoked, or disqualified that any motor vehicle driven by
95or under the actual physical control of that person is
96subject to impoundment and immobilization; requiring the
97department to make driver license status information
98available to the public through the Internet and a
99telephone hotline; authorizing the department to adopt
100rules; providing penalties for knowingly aiding a person
101whose driver license or driving privilege is canceled,
102suspended, revoked, or disqualified by providing a motor
103vehicle or authorizing use of a motor vehicle; providing
104for a rebuttable presumption of satisfaction of the
105knowledge requirement; amending s. 322.341, F.S.; revising
106penalty provisions for a person who drives a motor vehicle
107when his or her driver license has been permanently
108revoked; amending s. 932.701, F.S.; revising the
109definition of "contraband article" to include certain
110seized motor vehicles for purposes of the Florida
111Contraband Forfeiture Act; directing the department to
112inform drivers whose license or driving privilege has been
113canceled, suspended, revoked, or disqualified and the
114motoring public of the provisions for impoundment and
115immobilization of motor vehicles under this act; providing
116effective dates.
117
118Be It Enacted by the Legislature of the State of Florida:
119
120     Section 1.  This act may be cited as the "Deputy Michael
121Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial
122Traffic Safety Act."
123     Section 2.  Subsection (11) of section 318.14, Florida
124Statutes, is amended to read:
125     318.14  Noncriminal traffic infractions; exception;
126procedures.--
127     (11)(a)  If adjudication is withheld for any person
128pursuant to subsection (9) or subsection (10) charged or cited
129under this section, such action is not a conviction.
130     (b)  If a person is cited for a violation of s.
131322.34(2)(a) or (b) with a license that has been suspended
132solely for failure to appear, failure to pay a civil penalty, or
133failure to attend a driver improvement course pursuant to s.
134322.291 and such person provides to the court a valid or
135reinstated driver's license and proper proof of maintenance of
136security as required by s. 316.646, the court may withhold
137adjudication pursuant to this subsection. If adjudication is
138withheld for any person pursuant to this paragraph, such action
139is not a conviction if adjudication has not been withheld under
140this paragraph for a prior offense during the 3 years before the
141date of the cited offense.
142     Section 3.  Subsection (7) is added to section 322.03,
143Florida Statutes, to read:
144     322.03  Drivers must be licensed; penalties.--
145     (7)(a)  Every judgment for a violation of subsection (1),
146regardless of whether adjudication is withheld, shall be in
147writing, signed by the judge, and recorded by the clerk of the
148circuit court.
149     1.  In open court and in the presence of the judge, the
150judge shall cause the fingerprints of the defendant against whom
151the judgment is rendered to be affixed beneath the judge's
152signature to the written judgment of conviction. Beneath the
153fingerprints shall be appended a certificate to the following
154effect:
155
156"I hereby certify that the above fingerprints are those of the
157defendant, (name of defendant), and that they were placed
158thereon by said defendant in my presence, in open court, this
159the .... day of ...., (year)."
160     2.  The certificate shall be signed by the judge, whose
161signature shall be followed by the word "Judge."
162     3.  At the time the defendant's fingerprints are taken, the
163judge shall also cause the defendant's social security number to
164be taken. The defendant's social security number shall be
165affixed to every written judgment of conviction in open court,
166in the presence of the judge, and at the time the judgment is
167rendered. If the defendant is unable or unwilling to provide his
168or her social security number, the reason for its absence shall
169be indicated on the written judgment.
170     (b)  Any such written judgment, or a certified copy
171thereof, shall be admissible in evidence in the several courts
172of this state as prima facie evidence that the fingerprints
173appearing thereon and certified by the judge are the
174fingerprints of the defendant against whom that judgment was
175rendered.
176     Section 4.  Subsection (2) of section 322.17, Florida
177Statutes, is amended to read:
178     322.17  Duplicate and replacement certificates.--
179     (2)  Upon the surrender of the original license and the
180payment of a $10 replacement fee, the department shall issue a
181replacement license to make a change in name, address, or
182restrictions. Upon written request by the licensee and
183notification of a change in address, and the payment of a $10
184fee, the department shall issue a replacement license an address
185sticker which shall be affixed to the back of the license by the
186licensee. Nine dollars of the fee levied in this subsection
187shall go to the Highway Safety Operating Trust Fund of the
188department.
189     Section 5.  Subsections (1) and (6) of section 322.251,
190Florida Statutes, are amended to read:
191     322.251  Notice of cancellation, suspension, revocation, or
192disqualification of license.--
193     (1)  All orders of cancellation, suspension, revocation, or
194disqualification issued under the provisions of this chapter,
195chapter 318, chapter 324, or ss. 627.732-627.734 shall be given
196either by personal delivery thereof to the licensee whose
197license is being canceled, suspended, revoked, or disqualified
198or by deposit in the United States mail in an envelope, first
199class, postage prepaid, addressed to the licensee at his or her
200last known mailing address furnished to the department. Such
201mailing by the department constitutes notification, and any
202failure by the person to receive the mailed order will not
203affect or stay the effective date or term of the cancellation,
204suspension, revocation, or disqualification of the licensee's
205driving privilege. Notification of cancellation, suspension,
206revocation, or disqualification given by the department under
207this section shall also inform the person whose license or
208driving privilege has been canceled, suspended, revoked, or
209disqualified that any motor vehicle driven by or under the
210actual physical control of that person while the license or
211driving privilege is canceled, suspended, revoked, or
212disqualified is subject to impoundment and immobilization under
213s. 322.34; however, any failure by the department to include the
214impoundment and immobilization information with the notification
215or any failure by the person to receive that information will
216not affect or stay the effective date or term of the
217cancellation, suspension, revocation, or disqualification of the
218licensee's driving privilege and will not preclude, bar, or
219otherwise affect the impoundment or immobilization of a motor
220vehicle under s. 322.34.
221     (6)(a)  Whenever a cancellation, suspension, revocation, or
222disqualification occurs, the department shall enter the
223cancellation, suspension, revocation, or disqualification order
224on the licensee's driver file 20 days after the notice was
225actually placed in the mail. Any inquiry into the file after the
22620-day period shall reveal that the license is canceled,
227suspended, revoked, or disqualified and whether the license has
228been received by the department.
229     (b)1.  The department shall make available on its Internet
230website the means to determine the status of a person's driver's
231license by entering the person's driver's license number or the
232person's name and date of birth and the last four digits of the
233person's social security number. The department shall also
234provide a telephone hotline to provide callers with the status
235of a person's driver's license. The information provided on the
236Internet website or via the telephone hotline under this
237subparagraph shall include the date and time that information
238was first made available to the public.
239     2.  Upon request from any law enforcement agency or officer
240of the court, the department shall certify the date and time the
241information was first made available to the public under
242subparagraph 1.
243     Section 6.  Effective October 1, 2007, subsections (1),
244(2), (4), (5), and (6) of section 322.34, Florida Statutes, are
245amended, and subsection (10) is added to that section, to read:
246     322.34  Driving while license suspended, revoked, canceled,
247or disqualified.--
248     (1)  Except as provided in subsection (2) and s. 322.341,
249any person whose driver's license or driving privilege has been
250canceled, suspended, or revoked, or disqualified, except a
251"habitual traffic offender" as defined in s. 322.264, who drives
252a vehicle upon the highways of this state while such license or
253privilege is canceled, suspended, or revoked, or disqualified
254commits is guilty of a moving violation, punishable as provided
255in chapter 318.
256     (2)  Except as provided in s. 322.341, any person whose
257driver's license or driving privilege has been canceled,
258suspended, or revoked, or disqualified as provided by law,
259except persons defined in s. 322.264, who, knowing of such
260cancellation, suspension, or revocation, or disqualification,
261drives any motor vehicle upon the highways of this state while
262such license or privilege is canceled, suspended, or revoked, or
263disqualified, or any person who drives any motor vehicle upon
264the highways of this state without having a valid driver's
265license as required under s. 322.03, upon:
266     (a)  A first conviction is guilty of a misdemeanor of the
267second degree, punishable as provided in s. 775.082 or s.
268775.083, except that any person whose driver's license or
269driving privilege was canceled, suspended, revoked, or
270disqualified under s. 322.2615 relating to unlawful blood-
271alcohol level or breath-alcohol level or for refusal to submit
272to a breath, urine, or blood test authorized by s. 316.1932, s.
273322.28(2)(a) for a violation of s. 316.193 or s. 316.1931
274prohibiting driving under the influence, s. 316.655(2) for an
275alcohol-related or drug-related conviction, or s. 316.1939 for
276refusal to submit to testing is guilty of a misdemeanor of the
277first degree, punishable as provided in s. 775.082 or s.
278775.083, and the court must order imprisonment for not less than
27930 days.
280     (b)  A second conviction is guilty of a misdemeanor of the
281first degree, punishable as provided in s. 775.082 or s.
282775.083.
283     (c)  A third or subsequent conviction is guilty of a felony
284of the third degree, punishable as provided in s. 775.082, s.
285775.083, or s. 775.084.
286
287The element of knowledge is satisfied if the person has been
288previously cited as provided in subsection (1); or the person
289admits to knowledge of the cancellation, suspension, or
290revocation, or disqualification; or the person received notice
291as provided in subsection (4). There shall be a rebuttable
292presumption that the knowledge requirement is satisfied if a
293judgment or order or a cancellation, suspension, revocation, or
294disqualification by the department as provided in subsection (4)
295appears in the department's records for any case except for one
296involving a suspension by the department for failure to pay a
297traffic fine or for a financial responsibility violation.
298     (4)  Any judgment or order rendered by a court or
299adjudicatory body, any cancellation, suspension, revocation, or
300disqualification by the department, or any uniform traffic
301citation that cancels, suspends, or revokes, or disqualifies a
302person's driver's license must contain a provision notifying the
303person that his or her driver's license has been canceled,
304suspended, or revoked, or disqualified and must inform the
305person that any motor vehicle driven by that person while the
306license is canceled, suspended, revoked, or disqualified shall
307be impounded or immobilized pursuant to this section.
308     (5)  Any person whose driver's license has been revoked
309pursuant to s. 322.264 (habitual offender) and who drives any
310motor vehicle upon the highways of this state while such license
311is revoked commits is guilty of a felony of the third degree,
312punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
313and 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.
316322.03; or
317     (b)  While his or her driver's license or driving privilege
318is canceled, suspended, or revoked, or disqualified pursuant to
319s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
320
321and who by careless or negligent operation of the motor vehicle
322causes the death of or serious bodily injury to another human
323being, commits is guilty of a felony of the third degree,
324punishable as provided in s. 775.082 or s. 775.083.
325     (10)(a)  With respect to any offense governed by the
326provisions of this section, regardless of whether adjudication
327is withheld, every judgment shall be in writing, signed by the
328judge, and recorded by the clerk of the circuit court.
329     1.  In open court and in the presence of the judge, the
330judge shall cause the fingerprints of the defendant against whom
331the judgment is rendered to be affixed beneath the judge's
332signature to the written judgment of conviction. Beneath the
333fingerprints shall be appended a certificate to the following
334effect:
335
336"I hereby certify that the above fingerprints are those of the
337defendant, (name of defendant), and that they were placed
338thereon by said defendant in my presence, in open court, this
339the .... day of ...., (year)."
340     2.  The certificate shall be signed by the judge, whose
341signature shall be followed by the word "Judge."
342     3.  At the time the defendant's fingerprints are taken, the
343judge shall also cause the defendant's social security number to
344be taken. The defendant's social security number shall be
345affixed to every written judgment of conviction in open court,
346in the presence of the judge, and at the time the judgment is
347rendered. If the defendant is unable or unwilling to provide his
348or her social security number, the reason for its absence shall
349be indicated on the written judgment.
350     (b)  Any such written judgment, or a certified copy
351thereof, shall be admissible in evidence in the several courts
352of this state as prima facie evidence that the fingerprints
353appearing thereon and certified by the judge are the
354fingerprints of the defendant against whom that judgment was
355rendered.
356     Section 7.  Effective July 1, 2008, subsections (3) and (8)
357of section 322.34, Florida Statutes, as amended by this act, are
358amended, and subsection (11) is added to that section, to read:
359     322.34  Driving while license suspended, revoked, canceled,
360or disqualified.--
361     (3)  In any proceeding for a violation of this section, a
362court may consider evidence, other than that specified in
363subsection (2) or subsection (11), that the person knowingly
364violated this section.
365     (8)(a)1.  If a law enforcement officer determines that a
366motor vehicle is being driven by or is under the actual physical
367control of a person whose driver's license or driving privilege
368is canceled, suspended, revoked, or disqualified, the officer
369shall immediately impound the motor vehicle or immobilize the
370motor vehicle by installing an immobilization device on the
371vehicle or removing the vehicle registration tag. The officer
372shall serve notice of the impoundment or immobilization upon the
373driver. The notice shall include the location where the motor
374vehicle is being held and information on the procedures to have
375the motor vehicle released from impoundment or immobilization by
376a department-approved vendor. If the law enforcement officer
377removes the vehicle registration tag, the tag shall be given to
378the department or the department's agent and held until the
379motor vehicle is released from impoundment or immobilization. A
380law enforcement officer who proceeds in good faith to immobilize
381or impound a vehicle under this section shall not be responsible
382for any towing, immobilizing, or impounding fees.
383     2.  A law enforcement officer impounding or immobilizing a
384motor vehicle under subparagraph 1. shall notify the department
385or the department's agent within 24 hours to effect impoundment
386or immobilization under this paragraph. The department or the
387department's agent shall remove and impound or immobilize the
388motor vehicle at another location. The motor vehicle may be
389immobilized by installation of an immobilization device on the
390vehicle or removal of the vehicle registration tag; however, the
391impounding company shall not release the motor vehicle for
392immobilization at another location without proof that the
393immobilization vendor is approved by the department. The motor
394vehicle shall remain in impound or immobilized until the owner
395or lessee receives authorization from the department for release
396of the motor vehicle under the provisions of this subsection.
397The department is authorized to adopt by rule procedures for
398removal and immobilization of the motor vehicle by a department-
399approved vendor from the location where the motor vehicle was
400impounded or immobilized by the law enforcement officer under
401subparagraph 1.
402     3.  A motor vehicle impounded or immobilized under this
403paragraph that, according to the records of the department, is
404owned or leased by the person who was driving or in actual
405physical control of the motor vehicle when it was stopped and
406impounded or immobilized under subparagraph 1. shall remain
407impounded or immobilized until the person's license and driving
408privilege are reinstated and payment of the fees imposed under
409paragraph (c) and all costs of towing, impoundment,
410immobilization, and storage has been made. If department records
411show a different owner or lessee, the motor vehicle shall be
412released to that owner or lessee or the owner's or lessee's
413agent upon payment of the fees imposed under paragraph (c) and
414all costs of towing, impoundment, immobilization, and storage.
415The department's records shall reflect that the motor vehicle is
416immobilized or impounded.
417     (b)  Within 7 business days after the date the law
418enforcement agency or the department impounds or immobilizes the
419motor vehicle under this subsection, the department shall send
420notice of the impoundment or immobilization by certified mail,
421return receipt requested, to any registered owners or coowners
422of the motor vehicle other than the driver and to each person of
423record claiming a lien against the motor vehicle. The notice
424shall include the location where the motor vehicle is being held
425and information on the procedures to have the motor vehicle
426released from impoundment or immobilization by a department-
427approved vendor. All costs and fees for the impoundment or
428immobilization, including the cost of notification, must be paid
429by the owner of the motor vehicle or, if the motor vehicle is
430leased, by the person leasing the motor vehicle.
431     (c)1.  The department shall collect a $30 processing fee
432from the owner or lessee prior to release of any motor vehicle
433immobilized or impounded under this subsection. Moneys collected
434under this subparagraph shall be forwarded to the Department of
435Revenue for deposit into the State Transportation Trust Fund
436created under s. 206.46 to be used to carry out public transit
437responsibilities of the Department of Transportation under s.
438341.041.
439     2.  The department shall charge a reasonable fee, not to
440exceed $6, to the owner or lessee of the motor vehicle to cover
441the operational costs of the program and the cost of
442immobilizing or impounding the motor vehicle. Fees collected
443under this subparagraph shall be deposited in the Operating
444Trust Fund of the Department of Highway Safety and Motor
445Vehicles.
446     (d)  Upon satisfaction of all of the requirements under
447this subsection for release of the motor vehicle, the department
448shall authorize release of the motor vehicle to the owner or
449lessee.
450     (e)  A motor vehicle immobilized under this subsection may
451not be operated in this state until released from immobilization
452by the department or the department's agent. A motor vehicle
453immobilized under this subsection that is found being operated
454upon any street or highway in this state before being released
455by the department or the department's agent shall be seized and
456removed from the street or highway and may be forfeited pursuant
457to ss. 932.701-932.704.
458     (f)  The department may contract with vendors to carry out
459the provisions of this subsection.
460     (g)  Notification of cancellation, suspension, revocation,
461or disqualification given by the department under s. 322.251
462shall also inform the person whose driver's license or driving
463privilege has been canceled, suspended, revoked, or disqualified
464that any motor vehicle driven by or under the actual physical
465control of that person while the license or driving privilege is
466canceled, suspended, revoked, or disqualified is subject to
467impoundment and immobilization under this subsection; however,
468failure to receive the information shall not preclude, bar, or
469otherwise affect the impoundment or immobilization of a motor
470vehicle under this subsection.
471     (h)  The department shall make available on its Internet
472website the means to determine the status of a person's driver's
473license by entering the driver's license number or name and date
474of birth of the licensee. The department shall also provide a
475telephone hotline to provide callers with the status of a
476person's driver's license.
477     (i)  The department may adopt rules pursuant to ss.
478120.536(1) and 120.54 to implement the provisions of this
479subsection. Upon the arrest of a person for the offense of
480driving while the person's driver's license or driving privilege
481is suspended or revoked, the arresting officer shall determine:
482     1.  Whether the person's driver's license is suspended or
483revoked.
484     2.  Whether the person's driver's license has remained
485suspended or revoked since a conviction for the offense of
486driving with a suspended or revoked license.
487     3.  Whether the suspension or revocation was made under s.
488316.646 or s. 627.733, relating to failure to maintain required
489security, or under s. 322.264, relating to habitual traffic
490offenders.
491     4.  Whether the driver is the registered owner or coowner
492of the vehicle.
493     (b)  If the arresting officer finds in the affirmative as
494to all of the criteria in paragraph (a), the officer shall
495immediately impound or immobilize the vehicle.
496     (c)  Within 7 business days after the date the arresting
497agency impounds or immobilizes the vehicle, either the arresting
498agency or the towing service, whichever is in possession of the
499vehicle, shall send notice by certified mail, return receipt
500requested, to any coregistered owners of the vehicle other than
501the person arrested and to each person of record claiming a lien
502against the vehicle. All costs and fees for the impoundment or
503immobilization, including the cost of notification, must be paid
504by the owner of the vehicle or, if the vehicle is leased, by the
505person leasing the vehicle.
506     (d)  Either the arresting agency or the towing service,
507whichever is in possession of the vehicle, shall determine
508whether any vehicle impounded or immobilized under this section
509has been leased or rented or if there are any persons of record
510with a lien upon the vehicle. Either the arresting agency or the
511towing service, whichever is in possession of the vehicle, shall
512notify by express courier service with receipt or certified
513mail, return receipt requested, within 7 business days after the
514date of the immobilization or impoundment of the vehicle, the
515registered owner and all persons having a recorded lien against
516the vehicle that the vehicle has been impounded or immobilized.
517A lessor, rental car company, or lienholder may then obtain the
518vehicle, upon payment of any lawful towing or storage charges.
519If the vehicle is a rental vehicle subject to a written
520contract, the charges may be separately charged to the renter,
521in addition to the rental rate, along with other separate fees,
522charges, and recoupments disclosed on the rental agreement. If
523the storage facility fails to provide timely notice to a lessor,
524rental car company, or lienholder as required by this paragraph,
525the storage facility shall be responsible for payment of any
526towing or storage charges necessary to release the vehicle to a
527lessor, rental car company, or lienholder that accrue after the
528notice period, which charges may then be assessed against the
529driver of the vehicle if the vehicle was lawfully impounded or
530immobilized.
531     (e)  Except as provided in paragraph (d), the vehicle shall
532remain impounded or immobilized for any period imposed by the
533court until:
534     1.  The owner presents proof of insurance to the arresting
535agency; or
536     2.  The owner presents proof of sale of the vehicle to the
537arresting agency and the buyer presents proof of insurance to
538the arresting agency.
539
540If proof is not presented within 35 days after the impoundment
541or immobilization, a lien shall be placed upon such vehicle
542pursuant to s. 713.78.
543     (f)  The owner of a vehicle that is impounded or
544immobilized under this subsection may, within 10 days after the
545date the owner has knowledge of the location of the vehicle,
546file a complaint in the county in which the owner resides to
547determine whether the vehicle was wrongfully taken or withheld.
548Upon the filing of a complaint, the owner may have the vehicle
549released by posting with the court a bond or other adequate
550security equal to the amount of the costs and fees for
551impoundment or immobilization, including towing or storage, to
552ensure the payment of such costs and fees if the owner does not
553prevail. When the vehicle owner does not prevail on a complaint
554that the vehicle was wrongfully taken or withheld, he or she
555must pay the accrued charges for the immobilization or
556impoundment, including any towing and storage charges assessed
557against the vehicle. When the bond is posted and the fee is paid
558as set forth in s. 28.24, the clerk of the court shall issue a
559certificate releasing the vehicle. At the time of release, after
560reasonable inspection, the owner must give a receipt to the
561towing or storage company indicating any loss or damage to the
562vehicle or to the contents of the vehicle.
563     (11)  Any owner or lessee of a motor vehicle who knowingly
564allows, permits, or authorizes a person whose driver's license
565or driving privilege has been canceled, suspended, revoked, or
566disqualified to drive the motor vehicle upon the streets or
567highways of this state or knowingly gives, leases, lends, or
568otherwise provides the motor vehicle to a person whose driver's
569license or driving privilege has been canceled, suspended,
570revoked, or disqualified while such license or privilege is
571canceled, suspended, revoked, or disqualified commits a
572misdemeanor of the second degree, punishable as provided in s.
573775.082 or s. 775.083. The element of knowledge is satisfied if
574the owner or lessee has been previously charged under this
575subsection for providing a motor vehicle to the same person; the
576owner admits to knowledge of the cancellation, suspension,
577revocation, or disqualification of the driver's license or
578driving privilege of the driver; or the owner received notice as
579provided in subsection (8) relating to the same driver. There
580shall be a rebuttable presumption that the knowledge requirement
581is satisfied if the cancellation, suspension, revocation, or
582disqualification appears in the department's records and that
583information is available to the public through the department's
584Internet website or a telephone hotline.
585     Section 8.  Effective October 1, 2007, section 322.341,
586Florida Statutes, is amended to read:
587     322.341  Driving while license permanently revoked.--Any
588person whose driver's license or driving privilege has been
589permanently revoked pursuant to s. 322.26 or s. 322.28 and who
590drives a motor vehicle upon the highways of this state commits
591is guilty of a felony of the third degree, punishable as
592provided in s. 775.082, s. 775.083, or s. 775.084, and the court
593must order imprisonment for not less than 90 days.
594     Section 9.  Effective July 1, 2008, paragraph (a) of
595subsection (2) of section 932.701, Florida Statutes, is amended
596to 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
601any substance, device, paraphernalia, or currency or other means
602of exchange that was used, was attempted to be used, or was
603intended to be used in violation of any provision of chapter
604893, if the totality of the facts presented by the state is
605clearly sufficient to meet the state's burden of establishing
606probable cause to believe that a nexus exists between the
607article seized and the narcotics activity, whether or not the
608use of the contraband article can be traced to a specific
609narcotics transaction.
610     2.  Any gambling paraphernalia, lottery tickets, money,
611currency, or other means of exchange which was used, was
612attempted, or intended to be used in violation of the gambling
613laws of the state.
614     3.  Any equipment, liquid or solid, which was being used,
615is being used, was attempted to be used, or intended to be used
616in violation of the beverage or tobacco laws of the state.
617     4.  Any motor fuel upon which the motor fuel tax has not
618been paid as required by law.
619     5.  Any personal property, including, but not limited to,
620any vessel, aircraft, item, object, tool, substance, device,
621weapon, machine, vehicle of any kind, money, securities, books,
622records, research, negotiable instruments, or currency, which
623was used or was attempted to be used as an instrumentality in
624the commission of, or in aiding or abetting in the commission
625of, any felony, whether or not comprising an element of the
626felony, or which is acquired by proceeds obtained as a result of
627a violation of the Florida Contraband Forfeiture Act.
628     6.  Any real property, including any right, title,
629leasehold, or other interest in the whole of any lot or tract of
630land, which was used, is being used, or was attempted to be used
631as an instrumentality in the commission of, or in aiding or
632abetting in the commission of, any felony, or which is acquired
633by proceeds obtained as a result of a violation of the Florida
634Contraband Forfeiture Act.
635     7.  Any personal property, including, but not limited to,
636equipment, money, securities, books, records, research,
637negotiable instruments, currency, or any vessel, aircraft, item,
638object, tool, substance, device, weapon, machine, or vehicle of
639any kind in the possession of or belonging to any person who
640takes aquaculture products in violation of s. 812.014(2)(c).
641     8.  Any motor vehicle offered for sale in violation of s.
642320.28.
643     9.  Any motor vehicle used during the course of committing
644an offense in violation of s. 322.34(8)(e) or (9)(a).
645     10.  Any photograph, film, or other recorded image,
646including an image recorded on videotape, a compact disc,
647digital tape, or fixed disk, that is recorded in violation of s.
648810.145 and is possessed for the purpose of amusement,
649entertainment, sexual arousal, gratification, or profit, or for
650the purpose of degrading or abusing another person.
651     11.  Any real property, including any right, title,
652leasehold, or other interest in the whole of any lot or tract of
653land, which is acquired by proceeds obtained as a result of
654Medicaid fraud under s. 409.920 or s. 409.9201; any personal
655property, including, but not limited to, equipment, money,
656securities, books, records, research, negotiable instruments, or
657currency; or any vessel, aircraft, item, object, tool,
658substance, device, weapon, machine, or vehicle of any kind in
659the possession of or belonging to any person which is acquired
660by proceeds obtained as a result of Medicaid fraud under s.
661409.920 or s. 409.9201.
662     Section 10.  The Department of Highway Safety and Motor
663Vehicles shall inform the motoring public of the changes to s.
664322.34, Florida Statutes, made by this act relating to
665impoundment or immobilization of a motor vehicle being driven by
666a person whose driver license is canceled, suspended, revoked,
667or disqualified and shall provide such information in newly
668printed driver license educational materials after July 1, 2007,
669and in public service announcements produced in cooperation with
670the Florida Highway Patrol.
671     Section 11.  During the period from July 1, 2007, to July
6721, 2008, the Department of Highway Safety and Motor Vehicles
673shall notify by mail persons whose driver license or driving
674privilege has been canceled, suspended, revoked, or disqualified
675of the changes to s. 322.34, Florida Statutes, made by this act
676relating to impoundment or immobilization of a motor vehicle
677being driven by such person; however, failure to receive such
678notification shall not preclude, bar, or otherwise affect the
679impoundment or immobilization of a motor vehicle under s.
680322.34, Florida Statutes.
681     Section 12.  Except as otherwise expressly provided in this
682act, this act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.