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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.; authorizing the court to withhold adjudication of

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certain violations related to driving without a valid

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license if the person cited meets certain conditions;

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providing that the withholding of adjudication is not a

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conviction under certain circumstances; amending s.

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322.03, F.S.; requiring a written judgment signed by the

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judge and recorded by the clerk for cases involving a

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violation of requirements to possess a valid driver

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

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and immobilization information to be included with notice

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to a person whose driver license or driving privilege is

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being canceled, suspended, revoked, or disqualified;

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requiring the Department of Highway Safety and Motor

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Vehicles 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; 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; amending s. 322.34, F.S.; requiring a law

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enforcement officer who determines that a motor vehicle is

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being driven by or is under the actual physical control of

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a person whose driver license or driving privilege is

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canceled, suspended, revoked, or disqualified to impound

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or immobilize the motor vehicle; providing for notice to

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the driver; providing for impoundment and immobilization

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of the motor vehicle by the department; providing for

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notice to registered owners of the motor vehicle and

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lienholders; providing for the department to commence

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impoundment or immobilization at the scene where the motor

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vehicle was immobilized; providing procedures; providing

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for release of the motor vehicle; requiring department

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records to contain impoundment and immobilization

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information; providing for payment of costs; providing for

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certain fees and distribution of moneys collected;

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requiring the department to authorize release of the motor

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vehicle under certain circumstances; prohibiting operation

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of an immobilized motor vehicle; providing for an

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immobilized motor vehicle that is found being operated

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upon any street or highway in this state before release

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from 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; creating s. 322.3402, F.S.; authorizing the state

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attorney to establish a Drive Legal program for certain

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persons accused of a misdemeanor offense of driving while

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license suspended to divert the person from prosecution or

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offer a negotiated disposition; providing for exceptions

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to be made by the state attorney; providing for criteria

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for admission to the program; providing for program

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administration policies; requiring county courts and

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clerks of court to cooperate with the state attorney to

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consolidate an applicant's pending traffic matters and to

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assist indigent applicants obtain a valid Florida driver's

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license by disposing of outstanding monetary obligations

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by ordering public works or community service; amending s.

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322.341, F.S.; revising penalty provisions for a person

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who drives a motor vehicle when his or her driver license

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has been permanently revoked; directing the department to

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inform drivers whose license or driving privilege has been

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canceled, suspended, revoked, or disqualified and the

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motoring public of the provisions for impoundment and

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immobilization of motor vehicles provided under the act;

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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.  Subsection (11) of section 318.14, Florida

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Statutes, is amended to read:

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     318.14  Noncriminal traffic infractions; exception;

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procedures.--

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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. This paragraph does not affect the

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court's ability to grant a withhold of adjudication under any

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other provision currently in effect in any provision of traffic

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or criminal court rules.

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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) 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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     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) 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.

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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 or a probationary period

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of not less than 90 days requiring the same level of supervision

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as community control with electronic monitoring as described in

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chapter 948 and the use of a continuous alcohol monitor device.

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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) With respect to any offense governed by this section,

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regardless of whether adjudication is withheld, every judgment

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

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clerk of the circuit court.

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

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

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amended 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

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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

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

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physical control of the motor vehicle when it was stopped and

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impounded or immobilized under subparagraph 1. shall remain

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impounded or immobilized until the person's license and driving

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privilege are reinstated and payment of the fees imposed under

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

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immobilization, and storage has been made. If department records

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show a different owner or lessee, and that owner or lessee did

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not know that the person was driving in violation of s. 322.34,

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the motor vehicle shall be released to that owner or lessee or

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the owner's or lessee's agent without payment of the fees imposed

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under paragraph (c) and without payment of costs of towing,

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impoundment, immobilization, and storage. The department's

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records shall reflect that the motor vehicle is immobilized or

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impounded.

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

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enforcement agency or the department impounds or immobilizes the

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motor vehicle under this subsection, the department shall send

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notice of the impoundment or immobilization by certified mail,

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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

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shall include the location where the motor vehicle is being held

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and information on the procedures to have the motor vehicle

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released from impoundment or immobilization by a department-

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approved vendor. All costs and fees for the impoundment or

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immobilization, including the cost of notification, must be paid

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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

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

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

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carry out public transit responsibilities of the Department of

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Transportation under s. 341.041. The Department of Revenue shall

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remit the remaining $2 to the Florida Law Enforcement Memorial

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

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

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

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

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the operational costs of the program and the cost of immobilizing

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or impounding the motor vehicle. Fees collected under this

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subparagraph shall be deposited in the Highway Safety Operating

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Trust Fund of the Department of Highway Safety and Motor

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Vehicles.

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     (d) The department shall authorize release of the motor

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vehicle to the owner or lessee:

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     1. Upon satisfaction of all of the requirements under this

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subsection for release of the motor vehicle; or

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

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

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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

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

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shall verify the statement using department records prior to

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authorization of release.

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     (e) A motor vehicle immobilized under this subsection may

380

not be operated in this state until released from immobilization

381

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

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immobilized under this subsection that is found being operated

383

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

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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

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the provisions of this subsection.

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     (g) Notification of cancellation, suspension, revocation,

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or disqualification given by the department under s. 322.251

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

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privilege has been canceled, suspended, revoked, or disqualified

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that any motor vehicle driven by or under the actual physical

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control of that person while the license or driving privilege is

395

canceled, suspended, revoked, or disqualified is subject to

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impoundment and immobilization under this subsection; however,

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

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otherwise affect the impoundment or immobilization of a motor

399

vehicle under this subsection.

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     (h) The department shall make available on its Internet

401

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

403

shall also provide an automated telephone hotline to provide

404

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

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

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

407

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

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

409

is suspended or revoked, the arresting officer shall determine:

410

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

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revoked.

412

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

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suspended or revoked since a conviction for the offense of

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driving with a suspended or revoked license.

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

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

417

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

418

offenders.

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

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the vehicle.

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

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

423

immediately impound or immobilize the vehicle.

424

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

425

agency impounds or immobilizes the vehicle, either the arresting

426

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

427

vehicle, shall send notice by certified mail, return receipt

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requested, to any coregistered owners of the vehicle other than

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

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

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immobilization, including the cost of notification, must be paid

432

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

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person leasing the vehicle.

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

435

whichever is in possession of the vehicle, shall determine

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whether any vehicle impounded or immobilized under this section

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

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

439

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

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notify by express courier service with receipt or certified mail,

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return receipt requested, within 7 business days after the date

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of the immobilization or impoundment of the vehicle, the

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registered owner and all persons having a recorded lien against

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

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

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

447

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

448

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

449

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

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recoupments disclosed on the rental agreement. If the storage

451

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

452

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

453

facility shall be responsible for payment of any towing or

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storage charges necessary to release the vehicle to a lessor,

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rental car company, or lienholder that accrue after the notice

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

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the vehicle if the vehicle was lawfully impounded or immobilized.

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

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remain impounded or immobilized for any period imposed by the

460

court until:

461

     1. The owner presents proof of insurance to the arresting

462

agency; or

463

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

464

arresting agency and the buyer presents proof of insurance to the

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arresting agency.

466

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

468

immobilization, a lien shall be placed upon such vehicle pursuant

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to s. 713.78.

470

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

471

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

472

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

473

complaint in the county in which the owner resides to determine

474

whether the vehicle was wrongfully taken or withheld. Upon the

475

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

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

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the amount of the costs and fees for impoundment or

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immobilization, including towing or storage, to ensure the

479

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

480

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

481

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

482

accrued charges for the immobilization or impoundment, including

483

any towing and storage charges assessed against the vehicle. When

484

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

485

the clerk of the court shall issue a certificate releasing the

486

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

487

owner must give a receipt to the towing or storage company

488

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

489

of the vehicle.

490

     Section 7.  Section 322.3402, Florida Statutes, is created

491

to read:

492

     322.3402 State attorney Drive Legal program.--

493

     (1) The state attorney may establish a Drive Legal program

494

for a person accused of a violation of the misdemeanor offense of

495

driving while license suspended if the person's license was

496

suspended at the time of the offense for failure to pay a

497

penalty, failure to appear, failure to complete a driver

498

improvement program, failure to pay child support, or failure to

499

satisfy financial responsibility requirements, insurance

500

requirements, or judgments. The program may divert the person

501

from prosecution or offer a negotiated disposition to an offense

502

other than the one charged. The program may be established within

503

the state attorney's office or through an independent contractor.

504

The use of such a diversion program shall not affect the

505

authority of the state attorney to prosecute any person for any

506

such violation. Exceptions to any program criteria, policies, or

507

procedures shall be made solely at the discretion of the state

508

attorney.

509

     (2) In establishing the criteria for admission to the

510

program, for the effective administration of the program, and for

511

the protection of the public, the state attorney may exclude any

512

applicant, including, but not limited to, an applicant:

513

     (a) Who has been previously or is currently classified as a

514

habitual traffic offender.

515

     (b) Whose license has been previously or is currently

516

permanently suspended or revoked.

517

     (c) Who has any convictions or suspensions on his or her

518

license for the offense of DUI or a violation of chapter 893.

519

     (d) Who has been adjudicated or has had adjudication of

520

guilt withheld for a felony driving or traffic offense in this

521

state or any other jurisdiction.

522

     (e) Who is deemed at fault by a law enforcement officer in

523

a traffic crash in the instant offense.

524

     (f) Who is charged with another misdemeanor or felony

525

violation emanating out of the instant offense.

526

     (g) Who has previously applied to, and successfully or

527

unsuccessfully completed, the program or a comparable program in

528

another jurisdiction.

529

     (h) Who has a significant prior criminal history.

530

     (3) Policies for the administration of the program should

531

include provisions requiring the applicant to:

532

     (a) Apply to the program within a specified period of time.

533

     (b) Knowingly and intelligently waive his or her rights to

534

speedy trial and discovery.

535

     (c) Take all necessary steps to obtain a valid Florida

536

driver's license, including paying or satisfying all outstanding

537

citations, fines, court costs and fees, child support payments,

538

and judgments, within a specified period of time.

539

     (d) Attend an appropriate educational program.

540

     (e) Obtain and maintain for a specified period of time

541

valid motor vehicle insurance for all vehicles owned and operated

542

by the applicant.

543

     (f) Correct all previously cited equipment violations for

544

all vehicles owned and operated by the applicant.

545

     (g) Complete any driving schools required by the Department

546

of Highway Safety and Motor Vehicles or the program.

547

     (h) Pay a reasonable application fee to cover the costs of

548

the program.

549

     (4) Polices for the administration of the program should

550

include provisions that would make the applicant no longer

551

eligible for successful completion of the program, including, but

552

not limited to:

553

     (a) Any arrest or charge for any criminal offense or any

554

traffic offense that is a moving violation.

555

     (b) Any failure to continue to make good faith efforts to

556

comply with the requirements set forth in subsection (3).

557

     (5) For the effective administration of the state

558

attorney's program, the county courts and the clerks of court

559

shall cooperate with the state attorney to facilitate the

560

consolidation of all of an applicant's pending traffic matters

561

before one judge of the county court. Additionally, in order to

562

assist indigent applicants obtain a valid Florida driver's

563

license, all such parties shall develop a process for the

564

disposition of pending outstanding monetary obligations by

565

ordering public works or community service as provided by law.

566

     Section 8.  Effective October 1, 2008, section 322.341,

567

Florida Statutes, is amended to read:

568

     322.341  Driving while license permanently revoked.--Any

569

person whose driver's license or driving privilege has been

570

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

571

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

572

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

573

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

574

     (1) Imprisonment for not less than 90 days; or

575

     (2) Imprisonment for not less than 30 days followed by a

576

minimum of 180 days of community control with electronic

577

monitoring as provided for in chapter 948 and the use of a

578

continuous alcohol monitor device.

579

     Section 9. The Department of Highway Safety and Motor

580

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

581

322.34, Florida Statutes, made by this act relating to

582

impoundment or immobilization of a motor vehicle being driven by

583

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

584

disqualified and shall provide such information in newly printed

585

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

586

public service announcements produced in cooperation with the

587

Florida Highway Patrol.

588

     Section 10. During the period from July 1, 2008, to July 1,

589

2009, the Department of Highway Safety and Motor Vehicles shall

590

notify by mail persons whose driver license or driving privilege

591

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

592

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

593

to impoundment or immobilization of a motor vehicle being driven

594

by such person; however, failure to receive such notification

595

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

596

immobilization of a motor vehicle under s. 322.34, Florida

597

Statutes.

598

     Section 11.  Except as otherwise expressly provided in this

599

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