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A bill to be entitled

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An act relating to highway safety; creating the "Deputy

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Michael Callin, Michael Haligowski, and Deputy Ryan C.

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Seguin Memorial Traffic Safety Act"; amending s. 318.14,

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F.S.; limiting the number of times an official having

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jurisdiction over a traffic infraction may grant a

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continuance of the hearing; authorizing the court to

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withhold adjudication of certain violations related to

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driving without a valid license if the person cited meets

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certain conditions; providing that the withholding of

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adjudication is not a conviction under certain

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circumstances; amending s. 322.03, F.S.; requiring a

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written judgment signed by the judge and recorded by the

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clerk for cases involving a violation of requirements to

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possess a valid driver license; requiring the defendant's

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fingerprints and a certificate to be affixed to the

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written judgment of conviction; providing for content of

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the certificate; requiring the defendant's social security

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number to be affixed to the written judgment of conviction

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or the reason for its absence to be indicated; providing

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that the written judgment constitutes prima facie evidence

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that the fingerprints are the defendant's fingerprints;

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amending s. 322.251, F.S.; requiring impoundment and

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immobilization information to be included with notice to a

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person whose driver license or driving privilege is being

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canceled, suspended, revoked, or disqualified; requiring

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the Department of Highway Safety and Motor Vehicles to

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make driver license status information available to the

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public through the Internet and a telephone hotline;

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requiring the department to certify the date of

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availability of the information upon request by certain

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persons; amending s. 322.34, F.S.; providing for

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application of certain penalty provisions to a person who

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does not have a valid driver license or whose driver

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license or driving privilege has been disqualified;

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revising penalties for driving without a valid license or

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knowingly driving while driver license or driving

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privilege is canceled, suspended, revoked, or disqualified

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for specified alcohol-related or drug-related convictions

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or refusal to submit to certain testing; revising

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provisions for satisfaction of the element of knowledge;

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requiring a cancellation, suspension, revocation, or

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disqualification by the department or a uniform traffic

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citation to contain notice that the person's driver

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license or driving privilege has been canceled, suspended,

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revoked, or disqualified; requiring impoundment and

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immobilization information to be included with notice to a

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person whose driver license or driving privilege has been

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canceled, suspended, revoked, or disqualified; revising

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penalty provisions for a habitual offender driving while

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his or her license is revoked; providing that a person who

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causes the death of or serious bodily injury to another

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person by careless or negligent operation of a motor

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vehicle while his or her license or driving privilege is

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canceled, suspended, revoked, or disqualified commits a

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felony of the third degree; requiring a written judgment

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signed by the judge and recorded by the clerk for cases

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involving a violation of requirements to possess a valid

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driver license; requiring the defendant's fingerprints and

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a certificate to be affixed to the written judgment of

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conviction; providing for content of the certificate;

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requiring the defendant's social security number to be

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affixed to the written judgment of conviction or the

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reason for its absence to be indicated; providing that the

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written judgment constitutes prima facie evidence that the

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fingerprints are the defendant's fingerprints; amending s.

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322.34, F.S.; requiring a law enforcement officer who

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determines that a motor vehicle is being driven by or is

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under the actual physical control of a person whose driver

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license or driving privilege is canceled, suspended,

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revoked, or disqualified to impound or immobilize the

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motor vehicle; providing for notice to the driver;

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providing for impoundment and immobilization of the motor

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vehicle by the department; providing for notice to

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registered owners of the motor vehicle and lienholders;

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providing for the department to commence impoundment or

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immobilization at the scene where the motor vehicle was

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immobilized; providing procedures; providing for release

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of the motor vehicle; requiring department records to

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contain impoundment and immobilization information;

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providing for payment of costs; providing for certain fees

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and distribution of moneys collected; requiring the

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department to authorize release of the motor vehicle under

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certain circumstances; prohibiting operation of an

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immobilized motor vehicle; providing for an immobilized

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motor vehicle that is found being operated upon any street

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or highway in this state before release from

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immobilization to be seized and subject to forfeit;

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authorizing the department to contract with vendors;

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directing the department to inform the person whose driver

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license or driving privilege has been canceled, suspended,

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revoked, or disqualified that any motor vehicle driven by

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or under the actual physical control of that person is

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subject to impoundment and immobilization; requiring the

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department to make driver license status information

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available to the public through the Internet and a

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telephone hotline; authorizing the department to adopt

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rules; providing penalties for knowingly aiding a person

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whose driver license or driving privilege is canceled,

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suspended, revoked, or disqualified by providing a motor

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vehicle or authorizing use of a motor vehicle; providing

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for a rebuttable presumption of satisfaction of the

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knowledge requirement; amending s. 322.341, F.S.; revising

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penalty provisions for a person who drives a motor vehicle

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when his or her driver license has been permanently

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revoked; directing the department to inform drivers whose

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license or driving privilege has been canceled, suspended,

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revoked, or disqualified and the motoring public of the

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provisions for impoundment and immobilization of motor

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vehicles under this act; providing effective dates.

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

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

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Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial

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Traffic Safety Act."

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     Section 2.  Subsections (6) and (11) of section 318.14,

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Florida Statutes, are amended to read:

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     318.14  Noncriminal traffic infractions; exception;

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procedures.--

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     (6)(a) When a person elects or is required to appear before

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the designated official, the official shall not grant a

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continuance of the hearing more than three times.

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     (b) The commission of a charged infraction at a hearing

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under this chapter must be proved beyond a reasonable doubt.

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     (11)(a) If adjudication is withheld for any person pursuant

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to subsection (9) or subsection (10) charged or cited under this

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section, such action is not a conviction.

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     (b) If a person is cited for a violation of s.

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322.34(2)(a)1. or 2. with a license that has been suspended

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solely for failure to appear, failure to pay a civil penalty,

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failure to attend a driver improvement course pursuant to s.

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322.291, failure to pay child support, or failure to pay a

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judgment and such person provides to the court a valid or

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reinstated driver's license and proper proof of maintenance of

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security as required by s. 316.646, the court may withhold

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adjudication pursuant to this subsection. If adjudication is

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withheld for any person pursuant to this paragraph, such action

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is not a conviction if adjudication has not been withheld under

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this paragraph for a prior offense during the 3 years before the

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date of the cited offense.

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     Section 3.  Subsection (7) is added to section 322.03,

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Florida Statutes, to read:

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     322.03  Drivers must be licensed; penalties.--

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     (7)(a) Every judgment for a violation of subsection (1),

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regardless of whether adjudication is withheld, shall be in

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writing, signed by the judge, and recorded by the clerk of the

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circuit court.

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     1. In open court and in the presence of the judge, the

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judge shall cause the fingerprints of the defendant against whom

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the judgment is rendered to be affixed beneath the judge's

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signature to the written judgment of conviction. Beneath the

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fingerprints shall be appended a certificate to the following

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effect:

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"I hereby certify that the above fingerprints are those of the

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defendant, (name of defendant), and that they were placed thereon

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by said defendant in my presence, in open court, this the ....

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day of ...., (year)."

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     2. The certificate shall be signed by the judge, whose

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signature shall be followed by the word "Judge."

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     3. At the time the defendant's fingerprints are taken, the

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judge shall also cause the defendant's social security number to

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be taken. The defendant's social security number shall be affixed

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to every written judgment of conviction in open court, in the

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presence of the judge, and at the time the judgment is rendered.

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If the defendant is unable or unwilling to provide his or her

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social security number, the reason for its absence shall be

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indicated on the written judgment.

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     (b) Any such written judgment, or a certified copy thereof,

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shall be admissible in evidence in the several courts of this

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state as prima facie evidence that the fingerprints appearing

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thereon and certified by the judge are the fingerprints of the

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defendant against whom that judgment was rendered.

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     Section 4.  Subsections (1) and (6) of section 322.251,

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Florida Statutes, are amended to read:

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     322.251  Notice of cancellation, suspension, revocation, or

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disqualification of license.--

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     (1)  All orders of cancellation, suspension, revocation, or

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disqualification issued under the provisions of this chapter,

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chapter 318, chapter 324, or ss. 627.732-627.734 shall be given

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either by personal delivery thereof to the licensee whose license

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is being canceled, suspended, revoked, or disqualified or by

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deposit in the United States mail in an envelope, first class,

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postage prepaid, addressed to the licensee at his or her last

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known mailing address furnished to the department. Such mailing

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by the department constitutes notification, and any failure by

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the person to receive the mailed order will not affect or stay

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the effective date or term of the cancellation, suspension,

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revocation, or disqualification of the licensee's driving

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privilege. Notification of cancellation, suspension, revocation,

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or disqualification given by the department under this section

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shall also inform the person whose license or driving privilege

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has been canceled, suspended, revoked, or disqualified that any

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motor vehicle driven by or under the actual physical control of

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that person while the license or driving privilege is canceled,

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suspended, revoked, or disqualified is subject to impoundment and

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immobilization under s. 322.34; however, any failure by the

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department to include the impoundment and immobilization

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information with the notification or any failure by the person to

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receive that information will not affect or stay the effective

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date or term of the cancellation, suspension, revocation, or

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disqualification of the licensee's driving privilege and will not

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preclude, bar, or otherwise affect the impoundment or

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immobilization of a motor vehicle under s. 322.34.

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     (6)(a) Whenever a cancellation, suspension, revocation, or

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disqualification occurs, the department shall enter the

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cancellation, suspension, revocation, or disqualification order

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on the licensee's driver file 20 days after the notice was

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actually placed in the mail. Any inquiry into the file after the

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20-day period shall reveal that the license is canceled,

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suspended, revoked, or disqualified and whether the license has

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been received by the department.

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     (b)1. The department shall make available on its Internet

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website the means to determine the status of a person's driver's

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license by entering the driver's license number. The department

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shall also provide an automated telephone hotline to provide

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callers with the status of a person's driver's license. The

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information provided on the Internet website or via the telephone

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hotline under this subparagraph shall include the date and time

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that information was first made available to the public.

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     2. Upon request from any law enforcement agency or officer

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of the court, the department shall certify the date and time the

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information was first made available to the public under

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subparagraph 1.

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     Section 5.  Effective October 1, 2008, subsections (1), (2),

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(4), (5), and (6) of section 322.34, Florida Statutes, are

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amended, and subsection (10) is added to that section, to read:

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     322.34  Driving while license suspended, revoked, canceled,

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or disqualified.--

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     (1) Except as provided in subsection (2) and s. 322.341,

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any person whose driver's license or driving privilege has been

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canceled, suspended, or revoked, or disqualified, except a

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"habitual traffic offender" as defined in s. 322.264, who drives

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a vehicle upon the highways of this state while such license or

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privilege is canceled, suspended, or revoked, or disqualified

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commits is guilty of a moving violation, punishable as provided

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in chapter 318.

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     (2)(a) Except as provided in s. 322.341, any person whose

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driver's license or driving privilege has been canceled,

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suspended, or revoked, or disqualified as provided by law, except

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persons defined in s. 322.264, who, knowing of such cancellation,

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suspension, or revocation, or disqualification, drives any motor

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vehicle upon the highways of this state while such license or

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privilege is canceled, suspended, or revoked, or disqualified, or

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any person who drives any motor vehicle upon the highways of this

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state without having a valid driver's license as required under

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s. 322.03, upon:

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     1.(a) A first conviction is guilty of a misdemeanor of the

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second degree, punishable as provided in s. 775.082 or s.

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775.083, except that any person whose driver's license or driving

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privilege was canceled, suspended, revoked, or disqualified under

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s. 322.2615 relating to unlawful blood-alcohol level or breath-

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alcohol level or for refusal to submit to a breath, urine, or

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blood test authorized by s. 316.1932, s. 322.28(2)(a) for a

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violation of s. 316.193 or s. 316.1931 prohibiting driving under

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the influence, s. 316.655(2) for an alcohol-related or drug-

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related conviction, or s. 316.1939 for refusal to submit to

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testing is guilty of a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     2.(b) A second conviction is guilty of a misdemeanor of the

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first degree, punishable as provided in s. 775.082 or s. 775.083.

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     3.(c) A third or subsequent conviction is guilty of a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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     (b) If any person whose driver's license or driving

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privilege was canceled, suspended, revoked, or disqualified under

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s. 322.2615 relating to unlawful blood-alcohol level or breath-

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alcohol level or for refusal to submit to a breath, urine, or

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blood test authorized by s. 316.1932, s. 322.28(2)(a) for a

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violation of s. 316.193 or s. 316.1931 prohibiting driving under

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the influence, s. 316.655(2) for an alcohol-related or drug-

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related conviction, or s. 316.1939 for refusal to submit to

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testing is convicted under this subsection, the court must order

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imprisonment for not less than 30 days.

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     (c) The element of knowledge is satisfied if the person has

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been previously cited as provided in subsection (1); or the

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person admits to knowledge of the cancellation, suspension, or

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revocation, or disqualification; or the person received notice as

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provided in subsection (4). There shall be a rebuttable

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presumption that the knowledge requirement is satisfied if a

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judgment or order or a cancellation, suspension, revocation, or

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disqualification by the department as provided in subsection (4)

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appears in the department's records for any case except for one

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involving a suspension by the department for failure to pay a

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traffic fine or for a financial responsibility violation.

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     (4)  Any judgment or order rendered by a court or

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adjudicatory body, any cancellation, suspension, revocation, or

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disqualification by the department, or any uniform traffic

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citation that cancels, suspends, or revokes, or disqualifies a

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person's driver's license must contain a provision notifying the

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person that his or her driver's license has been canceled,

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suspended, or revoked, or disqualified and must inform the person

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that any motor vehicle driven by that person while the license is

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canceled, suspended, revoked, or disqualified shall be impounded

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or immobilized pursuant to this section.

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     (5)  Any person whose driver's license has been revoked

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pursuant to s. 322.264 (habitual offender) and who drives any

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motor vehicle upon the highways of this state while such license

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is revoked commits is guilty of a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

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and the court must order imprisonment for not less than 60 days.

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     (6)  Any person who operates a motor vehicle:

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     (a)  Without having a driver's license as required under s.

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322.03; or

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     (b)  While his or her driver's license or driving privilege

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is canceled, suspended, or revoked, or disqualified pursuant to

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s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

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and who by careless or negligent operation of the motor vehicle

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causes the death of or serious bodily injury to another human

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being, commits is guilty of a felony of the third degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (10)(a) With respect to any offense governed by this

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section, regardless of whether adjudication is withheld, every

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judgment shall be in writing, signed by the judge, and recorded

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by the clerk of the circuit court.

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     1. In open court and in the presence of the judge, the

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judge shall cause the fingerprints of the defendant against whom

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the judgment is rendered to be affixed beneath the judge's

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signature to the written judgment of conviction. Beneath the

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fingerprints shall be appended a certificate to the following

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effect:

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"I hereby certify that the above fingerprints are those of the

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defendant, (name of defendant), and that they were placed thereon

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by said defendant in my presence, in open court, this the ....

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day of ...., (year)."

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     2. The certificate shall be signed by the judge, whose

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signature shall be followed by the word "Judge."

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     3. At the time the defendant's fingerprints are taken, the

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judge shall also cause the defendant's social security number to

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be taken. The defendant's social security number shall be affixed

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to every written judgment of conviction in open court, in the

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presence of the judge, and at the time the judgment is rendered.

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If the defendant is unable or unwilling to provide his or her

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social security number, the reason for its absence shall be

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indicated on the written judgment.

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     (b) Any such written judgment, or a certified copy thereof,

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shall be admissible in evidence in the several courts of this

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state as prima facie evidence that the fingerprints appearing

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thereon and certified by the judge are the fingerprints of the

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defendant against whom that judgment was rendered.

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     Section 6.  Effective July 1, 2009, subsections (3) and (8)

345

of section 322.34, Florida Statutes, as amended by this act, are

346

amended, and subsection (11) is added to that section, to read:

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     322.34  Driving while license suspended, revoked, canceled,

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or disqualified.--

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     (3)  In any proceeding for a violation of this section, a

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court may consider evidence, other than that specified in

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subsection (2) or subsection (11), that the person knowingly

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violated this section.

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     (8)(a)1. If a law enforcement officer determines that a

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motor vehicle is being driven by or is under the actual physical

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control of a person whose driver's license or driving privilege

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is canceled, suspended, revoked, or disqualified, the officer

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shall immediately impound the motor vehicle or immobilize the

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motor vehicle by installing an immobilization device on the

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vehicle. The officer shall serve notice of the impoundment or

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immobilization upon the driver. The notice shall include the

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location where the motor vehicle is being held and information on

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the procedures to have the motor vehicle released from

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impoundment or immobilization by a department-approved vendor. A

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law enforcement agency or officer who proceeds in good faith to

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immobilize or impound a vehicle under this section shall not be

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responsible for any towing, immobilizing, or impounding fees. A

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law enforcement officer may leave the scene of the impoundment

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without completing the impoundment process if the officer is

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ordered elsewhere by his superior officer or an emergency

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elsewhere arises, or due to other exigent circumstances.

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     2. A law enforcement officer impounding or immobilizing a

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motor vehicle under subparagraph 1. shall notify the department

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or the department's agent within 24 hours to effect impoundment

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or immobilization under this paragraph. The department or the

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department's agent shall remove and impound or immobilize the

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motor vehicle at another location. The motor vehicle may be

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immobilized by installation of an immobilization device on the

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vehicle; however, the impounding company shall not release the

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motor vehicle for immobilization at another location without

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proof that the immobilization vendor is approved by the

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department. The motor vehicle shall remain in impound or

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immobilized until the owner or lessee receives authorization from

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the department for release of the motor vehicle under the

384

provisions of this subsection. The department is authorized to

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adopt by rule procedures for removal and immobilization of the

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motor vehicle by a department-approved vendor from the location

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where the motor vehicle was impounded or immobilized by the law

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enforcement officer under subparagraph 1.

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     3. A motor vehicle impounded or immobilized under this

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paragraph that, according to the records of the department, is

391

owned or leased by the person who was driving or in actual

392

physical control of the motor vehicle when it was stopped and

393

impounded or immobilized under subparagraph 1. shall remain

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impounded or immobilized until the person's license and driving

395

privilege are reinstated and payment of the fees imposed under

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paragraph (c) and all costs of towing, impoundment,

397

immobilization, and storage has been made. If department records

398

show a different owner or lessee, the motor vehicle shall be

399

released to that owner or lessee or the owner's or lessee's agent

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upon payment of the fees imposed under paragraph (c) and all

401

costs of towing, impoundment, immobilization, and storage. The

402

department's records shall reflect that the motor vehicle is

403

immobilized or impounded.

404

     (b) Within 7 business days after the date the law

405

enforcement agency or the department impounds or immobilizes the

406

motor vehicle under this subsection, the department shall send

407

notice of the impoundment or immobilization by certified mail,

408

return receipt requested, to any registered owners or coowners of

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the motor vehicle other than the driver and to each person of

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record claiming a lien against the motor vehicle. The notice

411

shall include the location where the motor vehicle is being held

412

and information on the procedures to have the motor vehicle

413

released from impoundment or immobilization by a department-

414

approved vendor. All costs and fees for the impoundment or

415

immobilization, including the cost of notification, must be paid

416

by the owner of the motor vehicle or, if the motor vehicle is

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leased, by the person leasing the motor vehicle.

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     (c)1. The department shall collect a $30 processing fee

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from the owner or lessee prior to release of any motor vehicle

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immobilized or impounded under this subsection. Moneys collected

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under this subparagraph shall be forwarded to the Department of

422

Revenue, which shall deposit $28 of the fee into the State

423

Transportation Trust Fund created under s. 206.46 to be used to

424

carry out public transit responsibilities of the Department of

425

Transportation under s. 341.041. The Department of Revenue shall

426

remit the remaining $2 to the Florida Law Enforcement Memorial

427

Fund of the Florida State Lodge of the Fraternal Order of Police

428

to be used to carry out the purposes of that fund in this state.

429

     2. The department shall charge a reasonable fee, not to

430

exceed $6, to the owner or lessee of the motor vehicle to cover

431

the operational costs of the program and the cost of immobilizing

432

or impounding the motor vehicle. Fees collected under this

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subparagraph shall be deposited in the Highway Safety Operating

434

Trust Fund of the Department of Highway Safety and Motor

435

Vehicles.

436

     (d) The department shall authorize release of the motor

437

vehicle to the owner or lessee:

438

     1. Upon satisfaction of all of the requirements under this

439

subsection for release of the motor vehicle; or

440

     2. Upon request by the owner or lessee and a statement that

441

the family of the owner or lessee living in the same household

442

has no other private or public means of transportation and at

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least one household member has a valid driver's license that is

444

not canceled, suspended, revoked, or disqualified. The department

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shall verify the statement using department records prior to

446

authorization of release.

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     (e) A motor vehicle immobilized under this subsection may

448

not be operated in this state until released from immobilization

449

by the department or the department's agent. A motor vehicle

450

immobilized under this subsection that is found being operated

451

upon any street or highway in this state before being released by

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the department or the department's agent shall be seized and

453

removed from the street or highway and may be forfeited pursuant

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to ss. 932.701-932.704.

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     (f) The department may contract with vendors to carry out

456

the provisions of this subsection.

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     (g) Notification of cancellation, suspension, revocation,

458

or disqualification given by the department under s. 322.251

459

shall also inform the person whose driver's license or driving

460

privilege has been canceled, suspended, revoked, or disqualified

461

that any motor vehicle driven by or under the actual physical

462

control of that person while the license or driving privilege is

463

canceled, suspended, revoked, or disqualified is subject to

464

impoundment and immobilization under this subsection; however,

465

failure to receive the information shall not preclude, bar, or

466

otherwise affect the impoundment or immobilization of a motor

467

vehicle under this subsection.

468

     (h) The department shall make available on its Internet

469

website the means to determine the status of a person's driver's

470

license by entering the driver's license number. The department

471

shall also provide an automated telephone hotline to provide

472

callers with the status of a person's driver's license.

473

     (i) The department may adopt rules pursuant to ss.

474

120.536(1) and 120.54 to implement the provisions of this

475

subsection. Upon the arrest of a person for the offense of

476

driving while the person's driver's license or driving privilege

477

is suspended or revoked, the arresting officer shall determine:

478

     1. Whether the person's driver's license is suspended or

479

revoked.

480

     2. Whether the person's driver's license has remained

481

suspended or revoked since a conviction for the offense of

482

driving with a suspended or revoked license.

483

     3. Whether the suspension or revocation was made under s.

484

316.646 or s. 627.733, relating to failure to maintain required

485

security, or under s. 322.264, relating to habitual traffic

486

offenders.

487

     4. Whether the driver is the registered owner or coowner of

488

the vehicle.

489

     (b) If the arresting officer finds in the affirmative as to

490

all of the criteria in paragraph (a), the officer shall

491

immediately impound or immobilize the vehicle.

492

     (c) Within 7 business days after the date the arresting

493

agency impounds or immobilizes the vehicle, either the arresting

494

agency or the towing service, whichever is in possession of the

495

vehicle, shall send notice by certified mail, return receipt

496

requested, to any coregistered owners of the vehicle other than

497

the person arrested and to each person of record claiming a lien

498

against the vehicle. All costs and fees for the impoundment or

499

immobilization, including the cost of notification, must be paid

500

by the owner of the vehicle or, if the vehicle is leased, by the

501

person leasing the vehicle.

502

     (d) Either the arresting agency or the towing service,

503

whichever is in possession of the vehicle, shall determine

504

whether any vehicle impounded or immobilized under this section

505

has been leased or rented or if there are any persons of record

506

with a lien upon the vehicle. Either the arresting agency or the

507

towing service, whichever is in possession of the vehicle, shall

508

notify by express courier service with receipt or certified mail,

509

return receipt requested, within 7 business days after the date

510

of the immobilization or impoundment of the vehicle, the

511

registered owner and all persons having a recorded lien against

512

the vehicle that the vehicle has been impounded or immobilized. A

513

lessor, rental car company, or lienholder may then obtain the

514

vehicle, upon payment of any lawful towing or storage charges. If

515

the vehicle is a rental vehicle subject to a written contract,

516

the charges may be separately charged to the renter, in addition

517

to the rental rate, along with other separate fees, charges, and

518

recoupments disclosed on the rental agreement. If the storage

519

facility fails to provide timely notice to a lessor, rental car

520

company, or lienholder as required by this paragraph, the storage

521

facility shall be responsible for payment of any towing or

522

storage charges necessary to release the vehicle to a lessor,

523

rental car company, or lienholder that accrue after the notice

524

period, which charges may then be assessed against the driver of

525

the vehicle if the vehicle was lawfully impounded or immobilized.

526

     (e) Except as provided in paragraph (d), the vehicle shall

527

remain impounded or immobilized for any period imposed by the

528

court until:

529

     1. The owner presents proof of insurance to the arresting

530

agency; or

531

     2. The owner presents proof of sale of the vehicle to the

532

arresting agency and the buyer presents proof of insurance to the

533

arresting agency.

534

535

If proof is not presented within 35 days after the impoundment or

536

immobilization, a lien shall be placed upon such vehicle pursuant

537

to s. 713.78.

538

     (f) The owner of a vehicle that is impounded or immobilized

539

under this subsection may, within 10 days after the date the

540

owner has knowledge of the location of the vehicle, file a

541

complaint in the county in which the owner resides to determine

542

whether the vehicle was wrongfully taken or withheld. Upon the

543

filing of a complaint, the owner may have the vehicle released by

544

posting with the court a bond or other adequate security equal to

545

the amount of the costs and fees for impoundment or

546

immobilization, including towing or storage, to ensure the

547

payment of such costs and fees if the owner does not prevail.

548

When the vehicle owner does not prevail on a complaint that the

549

vehicle was wrongfully taken or withheld, he or she must pay the

550

accrued charges for the immobilization or impoundment, including

551

any towing and storage charges assessed against the vehicle. When

552

the bond is posted and the fee is paid as set forth in s. 28.24,

553

the clerk of the court shall issue a certificate releasing the

554

vehicle. At the time of release, after reasonable inspection, the

555

owner must give a receipt to the towing or storage company

556

indicating any loss or damage to the vehicle or to the contents

557

of the vehicle.

558

     (11) Any owner or lessee of a motor vehicle who knowingly

559

allows, permits, or authorizes a person whose driver's license or

560

driving privilege has been canceled, suspended, revoked, or

561

disqualified to drive the motor vehicle upon the streets or

562

highways of this state or knowingly gives, leases, lends, or

563

otherwise provides the motor vehicle to a person whose driver's

564

license or driving privilege has been canceled, suspended,

565

revoked, or disqualified while such license or privilege is

566

canceled, suspended, revoked, or disqualified commits a

567

misdemeanor of the second degree, punishable as provided in s.

568

775.082 or s. 775.083. The element of knowledge is satisfied if

569

the owner or lessee has been previously charged under this

570

subsection for providing a motor vehicle to the same person; the

571

owner admits to knowledge of the cancellation, suspension,

572

revocation, or disqualification of the driver's license or

573

driving privilege of the driver; or the owner received notice as

574

provided in subsection (8) relating to the same driver. There

575

shall be a rebuttable presumption that the knowledge requirement

576

is satisfied if the cancellation, suspension, revocation, or

577

disqualification appears in the department's records and that

578

information is available to the public through the department's

579

Internet website or a telephone hotline.

580

     Section 7.  Effective October 1, 2008, section 322.341,

581

Florida Statutes, is amended to read:

582

     322.341  Driving while license permanently revoked.--Any

583

person whose driver's license or driving privilege has been

584

permanently revoked pursuant to s. 322.26 or s. 322.28 and who

585

drives a motor vehicle upon the highways of this state commits is

586

guilty of a felony of the third degree, punishable as provided in

587

s. 775.082, s. 775.083, or s. 775.084, and the court must order

588

imprisonment for not less than 90 days.

589

     Section 8. The Department of Highway Safety and Motor

590

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

591

322.34, Florida Statutes, made by this act relating to

592

impoundment or immobilization of a motor vehicle being driven by

593

a person whose driver license is canceled, suspended, revoked, or

594

disqualified and shall provide such information in newly printed

595

driver license educational materials after July 1, 2008, and in

596

public service announcements produced in cooperation with the

597

Florida Highway Patrol.

598

     Section 9. During the period from July 1, 2008, to July 1,

599

2009, the Department of Highway Safety and Motor Vehicles shall

600

notify by mail persons whose driver license or driving privilege

601

has been canceled, suspended, revoked, or disqualified of the

602

changes to s. 322.34, Florida Statutes, made by this act relating

603

to impoundment or immobilization of a motor vehicle being driven

604

by such person; however, failure to receive such notification

605

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

606

immobilization of a motor vehicle under s. 322.34, Florida

607

Statutes.

608

     Section 10.  Except as otherwise expressly provided in this

609

act, this act shall take effect July 1, 2008.