HB 109

1
A bill to be entitled
2An act relating to highway safety; creating the "Deputy
3Michael Callin, Michael Haligowski, and Deputy Ryan C.
4Seguin Memorial Traffic Safety Act"; amending s. 318.14,
5F.S.; limiting the number of times an official having
6jurisdiction over a traffic infraction may grant a
7continuance of the hearing; authorizing the court to
8withhold adjudication of certain violations related to
9driving without a valid license if the person cited meets
10certain conditions; providing that the withholding of
11adjudication is not a conviction under certain
12circumstances; amending s. 322.03, F.S.; requiring a
13written judgment signed by the judge and recorded by the
14clerk for cases involving a violation of requirements to
15possess a valid driver license; requiring the defendant's
16fingerprints and a certificate to be affixed to the
17written judgment of conviction; providing for content of
18the certificate; requiring the defendant's social security
19number to be affixed to the written judgment of conviction
20or the reason for its absence to be indicated; providing
21that the written judgment constitutes prima facie evidence
22that the fingerprints are the defendant's fingerprints;
23amending s. 322.251, F.S.; requiring impoundment and
24immobilization information to be included with notice to a
25person whose driver license or driving privilege is being
26canceled, suspended, revoked, or disqualified; requiring
27the Department of Highway Safety and Motor Vehicles to
28make driver license status information available to the
29public through the Internet and a telephone hotline;
30requiring the department to certify the date of
31availability of the information upon request by certain
32persons; amending s. 322.34, F.S.; providing for
33application of certain penalty provisions to a person who
34does not have a valid driver license or whose driver
35license or driving privilege has been disqualified;
36revising penalties for driving without a valid license or
37knowingly driving while driver license or driving
38privilege is canceled, suspended, revoked, or disqualified
39for specified alcohol-related or drug-related convictions
40or refusal to submit to certain testing; revising
41provisions for satisfaction of the element of knowledge;
42requiring a cancellation, suspension, revocation, or
43disqualification by the department or a uniform traffic
44citation to contain notice that the person's driver
45license or driving privilege has been canceled, suspended,
46revoked, or disqualified; requiring impoundment and
47immobilization information to be included with notice to a
48person whose driver license or driving privilege has been
49canceled, suspended, revoked, or disqualified; revising
50penalty provisions for a habitual offender driving while
51his or her license is revoked; providing that a person who
52causes the death of or serious bodily injury to another
53person by careless or negligent operation of a motor
54vehicle while his or her license or driving privilege is
55canceled, suspended, revoked, or disqualified commits a
56felony of the third degree; requiring a written judgment
57signed by the judge and recorded by the clerk for cases
58involving a violation of requirements to possess a valid
59driver license; requiring the defendant's fingerprints and
60a certificate to be affixed to the written judgment of
61conviction; providing for content of the certificate;
62requiring the defendant's social security number to be
63affixed to the written judgment of conviction or the
64reason for its absence to be indicated; providing that the
65written judgment constitutes prima facie evidence that the
66fingerprints are the defendant's fingerprints; amending s.
67322.34, F.S.; requiring a law enforcement officer who
68determines that a motor vehicle is being driven by or is
69under the actual physical control of a person whose driver
70license or driving privilege is canceled, suspended,
71revoked, or disqualified to impound or immobilize the
72motor vehicle; providing for notice to the driver;
73providing for impoundment and immobilization of the motor
74vehicle by the department; providing for notice to
75registered owners of the motor vehicle and lienholders;
76providing for the department to commence impoundment or
77immobilization at the scene where the motor vehicle was
78immobilized; providing procedures; providing for release
79of the motor vehicle; requiring department records to
80contain impoundment and immobilization information;
81providing for payment of costs; providing for certain fees
82and distribution of moneys collected; requiring the
83department to authorize release of the motor vehicle under
84certain circumstances; prohibiting operation of an
85immobilized motor vehicle; providing for an immobilized
86motor vehicle that is found being operated upon any street
87or highway in this state before release from
88immobilization to be seized and subject to forfeit;
89authorizing the department to contract with vendors;
90directing the department to inform the person whose driver
91license or driving privilege has been canceled, suspended,
92revoked, or disqualified that any motor vehicle driven by
93or under the actual physical control of that person is
94subject to impoundment and immobilization; requiring the
95department to make driver license status information
96available to the public through the Internet and a
97telephone hotline; authorizing the department to adopt
98rules; providing penalties for knowingly aiding a person
99whose driver license or driving privilege is canceled,
100suspended, revoked, or disqualified by providing a motor
101vehicle or authorizing use of a motor vehicle; providing
102for a rebuttable presumption of satisfaction of the
103knowledge requirement; amending s. 322.341, F.S.; revising
104penalty provisions for a person who drives a motor vehicle
105when his or her driver license has been permanently
106revoked; directing the department to inform drivers whose
107license or driving privilege has been canceled, suspended,
108revoked, or disqualified and the motoring public of the
109provisions for impoundment and immobilization of motor
110vehicles under this act; providing effective dates.
111
112Be It Enacted by the Legislature of the State of Florida:
113
114     Section 1.  This act may be cited as the "Deputy Michael
115Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial
116Traffic Safety Act."
117     Section 2.  Subsections (6) and (11) of section 318.14,
118Florida Statutes, are amended to read:
119     318.14  Noncriminal traffic infractions; exception;
120procedures.--
121     (6)(a)  When a person elects or is required to appear
122before the designated official, the official shall not grant a
123continuance of the hearing more than three times.
124     (b)  The commission of a charged infraction at a hearing
125under this chapter must be proved beyond a reasonable doubt.
126     (11)(a)  If adjudication is withheld for any person
127pursuant to subsection (9) or subsection (10) charged or cited
128under this section, such action is not a conviction.
129     (b)  If a person is cited for a violation of s.
130322.34(2)(a)1. or 2. with a license that has been suspended
131solely for failure to appear, failure to pay a civil penalty,
132failure to attend a driver improvement course pursuant to s.
133322.291, failure to pay child support, or failure to pay a
134judgment and such person provides to the court a valid or
135reinstated driver's license and proper proof of maintenance of
136security as required by s. 316.646, the court may withhold
137adjudication pursuant to this subsection. If adjudication is
138withheld for any person pursuant to this paragraph, such action
139is not a conviction if adjudication has not been withheld under
140this paragraph for a prior offense during the 3 years before the
141date of the cited offense.
142     Section 3.  Subsection (7) is added to section 322.03,
143Florida Statutes, to read:
144     322.03  Drivers must be licensed; penalties.--
145     (7)(a)  Every judgment for a violation of subsection (1),
146regardless of whether adjudication is withheld, shall be in
147writing, signed by the judge, and recorded by the clerk of the
148circuit court.
149     1.  In open court and in the presence of the judge, the
150judge shall cause the fingerprints of the defendant against whom
151the judgment is rendered to be affixed beneath the judge's
152signature to the written judgment of conviction. Beneath the
153fingerprints shall be appended a certificate to the following
154effect:
155
156"I hereby certify that the above fingerprints are those of the
157defendant, (name of defendant), and that they were placed
158thereon by said defendant in my presence, in open court, this
159the .... day of ...., (year)."
160     2.  The certificate shall be signed by the judge, whose
161signature shall be followed by the word "Judge."
162     3.  At the time the defendant's fingerprints are taken, the
163judge shall also cause the defendant's social security number to
164be taken. The defendant's social security number shall be
165affixed to every written judgment of conviction in open court,
166in the presence of the judge, and at the time the judgment is
167rendered. If the defendant is unable or unwilling to provide his
168or her social security number, the reason for its absence shall
169be indicated on the written judgment.
170     (b)  Any such written judgment, or a certified copy
171thereof, shall be admissible in evidence in the several courts
172of this state as prima facie evidence that the fingerprints
173appearing thereon and certified by the judge are the
174fingerprints of the defendant against whom that judgment was
175rendered.
176     Section 4.  Subsections (1) and (6) of section 322.251,
177Florida Statutes, are amended to read:
178     322.251  Notice of cancellation, suspension, revocation, or
179disqualification of license.--
180     (1)  All orders of cancellation, suspension, revocation, or
181disqualification issued under the provisions of this chapter,
182chapter 318, chapter 324, or ss. 627.732-627.734 shall be given
183either by personal delivery thereof to the licensee whose
184license is being canceled, suspended, revoked, or disqualified
185or by deposit in the United States mail in an envelope, first
186class, postage prepaid, addressed to the licensee at his or her
187last known mailing address furnished to the department. Such
188mailing by the department constitutes notification, and any
189failure by the person to receive the mailed order will not
190affect or stay the effective date or term of the cancellation,
191suspension, revocation, or disqualification of the licensee's
192driving privilege. Notification of cancellation, suspension,
193revocation, or disqualification given by the department under
194this section shall also inform the person whose license or
195driving privilege has been canceled, suspended, revoked, or
196disqualified that any motor vehicle driven by or under the
197actual physical control of that person while the license or
198driving privilege is canceled, suspended, revoked, or
199disqualified is subject to impoundment and immobilization under
200s. 322.34; however, any failure by the department to include the
201impoundment and immobilization information with the notification
202or any failure by the person to receive that information will
203not affect or stay the effective date or term of the
204cancellation, suspension, revocation, or disqualification of the
205licensee's driving privilege and will not preclude, bar, or
206otherwise affect the impoundment or immobilization of a motor
207vehicle under s. 322.34.
208     (6)(a)  Whenever a cancellation, suspension, revocation, or
209disqualification occurs, the department shall enter the
210cancellation, suspension, revocation, or disqualification order
211on the licensee's driver file 20 days after the notice was
212actually placed in the mail. Any inquiry into the file after the
21320-day period shall reveal that the license is canceled,
214suspended, revoked, or disqualified and whether the license has
215been received by the department.
216     (b)1.  The department shall make available on its Internet
217website the means to determine the status of a person's driver's
218license by entering the driver's license number. The department
219shall also provide an automated telephone hotline to provide
220callers with the status of a person's driver's license. The
221information provided on the Internet website or via the
222telephone hotline under this subparagraph shall include the date
223and time that information was first made available to the
224public.
225     2.  Upon request from any law enforcement agency or officer
226of the court, the department shall certify the date and time the
227information was first made available to the public under
228subparagraph 1.
229     Section 5.  Effective October 1, 2008, subsections (1),
230(2), (4), (5), and (6) of section 322.34, Florida Statutes, are
231amended, and subsection (10) is added to that section, to read:
232     322.34  Driving while license suspended, revoked, canceled,
233or disqualified.--
234     (1)  Except as provided in subsection (2) and s. 322.341,
235any person whose driver's license or driving privilege has been
236canceled, suspended, or revoked, or disqualified, except a
237"habitual traffic offender" as defined in s. 322.264, who drives
238a vehicle upon the highways of this state while such license or
239privilege is canceled, suspended, or revoked, or disqualified
240commits is guilty of a moving violation, punishable as provided
241in chapter 318.
242     (2)(a)  Except as provided in s. 322.341, any person whose
243driver's license or driving privilege has been canceled,
244suspended, or revoked, or disqualified as provided by law,
245except persons defined in s. 322.264, who, knowing of such
246cancellation, suspension, or revocation, or disqualification,
247drives any motor vehicle upon the highways of this state while
248such license or privilege is canceled, suspended, or revoked, or
249disqualified, or any person who drives any motor vehicle upon
250the highways of this state without having a valid driver's
251license as required under s. 322.03, upon:
252     1.(a)  A first conviction is guilty of a misdemeanor of the
253second degree, punishable as provided in s. 775.082 or s.
254775.083, except that any person whose driver's license or
255driving privilege was canceled, suspended, revoked, or
256disqualified under s. 322.2615 relating to unlawful blood-
257alcohol level or breath-alcohol level or for refusal to submit
258to a breath, urine, or blood test authorized by s. 316.1932, s.
259322.28(2)(a) for a violation of s. 316.193 or s. 316.1931
260prohibiting driving under the influence, s. 316.655(2) for an
261alcohol-related or drug-related conviction, or s. 316.1939 for
262refusal to submit to testing is guilty of a misdemeanor of the
263first degree, punishable as provided in s. 775.082 or s.
264775.083.
265     2.(b)  A second conviction is guilty of a misdemeanor of
266the first degree, punishable as provided in s. 775.082 or s.
267775.083.
268     3.(c)  A third or subsequent conviction is guilty of a
269felony of the third degree, punishable as provided in s.
270775.082, s. 775.083, or s. 775.084.
271     (b)  If any person whose driver's license or driving
272privilege was canceled, suspended, revoked, or disqualified
273under s. 322.2615 relating to unlawful blood-alcohol level or
274breath-alcohol level or for refusal to submit to a breath,
275urine, or blood test authorized by s. 316.1932, s. 322.28(2)(a)
276for a violation of s. 316.193 or s. 316.1931 prohibiting driving
277under the influence, s. 316.655(2) for an alcohol-related or
278drug-related conviction, or s. 316.1939 for refusal to submit to
279testing is convicted under this subsection, the court must order
280imprisonment for not less than 30 days.
281     (c)  The element of knowledge is satisfied if the person
282has been previously cited as provided in subsection (1); or the
283person admits to knowledge of the cancellation, suspension, or
284revocation, or disqualification; or the person received notice
285as provided in subsection (4). There shall be a rebuttable
286presumption that the knowledge requirement is satisfied if a
287judgment or order or a cancellation, suspension, revocation, or
288disqualification by the department as provided in subsection (4)
289appears in the department's records for any case except for one
290involving a suspension by the department for failure to pay a
291traffic fine or for a financial responsibility violation.
292     (4)  Any judgment or order rendered by a court or
293adjudicatory body, any cancellation, suspension, revocation, or
294disqualification by the department, or any uniform traffic
295citation that cancels, suspends, or revokes, or disqualifies a
296person's driver's license must contain a provision notifying the
297person that his or her driver's license has been canceled,
298suspended, or revoked, or disqualified and must inform the
299person that any motor vehicle driven by that person while the
300license is canceled, suspended, revoked, or disqualified shall
301be impounded or immobilized pursuant to this section.
302     (5)  Any person whose driver's license has been revoked
303pursuant to s. 322.264 (habitual offender) and who drives any
304motor vehicle upon the highways of this state while such license
305is revoked commits is guilty of a felony of the third degree,
306punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
307and the court must order imprisonment for not less than 60 days.
308     (6)  Any person who operates a motor vehicle:
309     (a)  Without having a driver's license as required under s.
310322.03; or
311     (b)  While his or her driver's license or driving privilege
312is canceled, suspended, or revoked, or disqualified pursuant to
313s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
314
315and who by careless or negligent operation of the motor vehicle
316causes the death of or serious bodily injury to another human
317being, commits is guilty of a felony of the third degree,
318punishable as provided in s. 775.082 or s. 775.083.
319     (10)(a)  With respect to any offense governed by this
320section, regardless of whether adjudication is withheld, every
321judgment shall be in writing, signed by the judge, and recorded
322by the clerk of the circuit court.
323     1.  In open court and in the presence of the judge, the
324judge shall cause the fingerprints of the defendant against whom
325the judgment is rendered to be affixed beneath the judge's
326signature to the written judgment of conviction. Beneath the
327fingerprints shall be appended a certificate to the following
328effect:
329
330"I hereby certify that the above fingerprints are those of the
331defendant, (name of defendant), and that they were placed
332thereon by said defendant in my presence, in open court, this
333the .... day of ...., (year)."
334     2.  The certificate shall be signed by the judge, whose
335signature shall be followed by the word "Judge."
336     3.  At the time the defendant's fingerprints are taken, the
337judge shall also cause the defendant's social security number to
338be taken. The defendant's social security number shall be
339affixed to every written judgment of conviction in open court,
340in the presence of the judge, and at the time the judgment is
341rendered. If the defendant is unable or unwilling to provide his
342or her social security number, the reason for its absence shall
343be indicated on the written judgment.
344     (b)  Any such written judgment, or a certified copy
345thereof, shall be admissible in evidence in the several courts
346of this state as prima facie evidence that the fingerprints
347appearing thereon and certified by the judge are the
348fingerprints of the defendant against whom that judgment was
349rendered.
350     Section 6.  Effective July 1, 2009, subsections (3) and (8)
351of section 322.34, Florida Statutes, as amended by this act, are
352amended, and subsection (11) is added to that section, to read:
353     322.34  Driving while license suspended, revoked, canceled,
354or disqualified.--
355     (3)  In any proceeding for a violation of this section, a
356court may consider evidence, other than that specified in
357subsection (2) or subsection (11), that the person knowingly
358violated this section.
359     (8)(a)1.  If a law enforcement officer determines that a
360motor vehicle is being driven by or is under the actual physical
361control of a person whose driver's license or driving privilege
362is canceled, suspended, revoked, or disqualified, the officer
363shall immediately impound the motor vehicle or immobilize the
364motor vehicle by installing an immobilization device on the
365vehicle. The officer shall serve notice of the impoundment or
366immobilization upon the driver. The notice shall include the
367location where the motor vehicle is being held and information
368on the procedures to have the motor vehicle released from
369impoundment or immobilization by a department-approved vendor. A
370law enforcement agency or officer who proceeds in good faith to
371immobilize or impound a vehicle under this section shall not be
372responsible for any towing, immobilizing, or impounding fees. A
373law enforcement officer may leave the scene of the impoundment
374without completing the impoundment process if the officer is
375ordered elsewhere by his superior officer or an emergency
376elsewhere arises, or due to other exigent circumstances.
377     2.  A law enforcement officer impounding or immobilizing a
378motor vehicle under subparagraph 1. shall notify the department
379or the department's agent within 24 hours to effect impoundment
380or immobilization under this paragraph. The department or the
381department's agent shall remove and impound or immobilize the
382motor vehicle at another location. The motor vehicle may be
383immobilized by installation of an immobilization device on the
384vehicle; however, the impounding company shall not release the
385motor vehicle for immobilization at another location without
386proof that the immobilization vendor is approved by the
387department. The motor vehicle shall remain in impound or
388immobilized until the owner or lessee receives authorization
389from the department for release of the motor vehicle under the
390provisions of this subsection. The department is authorized to
391adopt by rule procedures for removal and immobilization of the
392motor vehicle by a department-approved vendor from the location
393where the motor vehicle was impounded or immobilized by the law
394enforcement officer under subparagraph 1.
395     3.  A motor vehicle impounded or immobilized under this
396paragraph that, according to the records of the department, is
397owned or leased by the person who was driving or in actual
398physical control of the motor vehicle when it was stopped and
399impounded or immobilized under subparagraph 1. shall remain
400impounded or immobilized until the person's license and driving
401privilege are reinstated and payment of the fees imposed under
402paragraph (c) and all costs of towing, impoundment,
403immobilization, and storage has been made. If department records
404show a different owner or lessee, the motor vehicle shall be
405released to that owner or lessee or the owner's or lessee's
406agent upon payment of the fees imposed under paragraph (c) and
407all costs of towing, impoundment, immobilization, and storage.
408The department's records shall reflect that the motor vehicle is
409immobilized or impounded.
410     (b)  Within 7 business days after the date the law
411enforcement agency or the department impounds or immobilizes the
412motor vehicle under this subsection, the department shall send
413notice of the impoundment or immobilization by certified mail,
414return receipt requested, to any registered owners or coowners
415of the motor vehicle other than the driver and to each person of
416record claiming a lien against the motor vehicle. The notice
417shall include the location where the motor vehicle is being held
418and information on the procedures to have the motor vehicle
419released from impoundment or immobilization by a department-
420approved vendor. All costs and fees for the impoundment or
421immobilization, including the cost of notification, must be paid
422by the owner of the motor vehicle or, if the motor vehicle is
423leased, by the person leasing the motor vehicle.
424     (c)1.  The department shall collect a $30 processing fee
425from the owner or lessee prior to release of any motor vehicle
426immobilized or impounded under this subsection. Moneys collected
427under this subparagraph shall be forwarded to the Department of
428Revenue, which shall deposit $28 of the fee into the State
429Transportation Trust Fund created under s. 206.46 to be used to
430carry out public transit responsibilities of the Department of
431Transportation under s. 341.041. The Department of Revenue shall
432remit the remaining $2 to the Florida Law Enforcement Memorial
433Fund of the Florida State Lodge of the Fraternal Order of Police
434to be used to carry out the purposes of that fund in this state.
435     2.  The department shall charge a reasonable fee, not to
436exceed $6, to the owner or lessee of the motor vehicle to cover
437the operational costs of the program and the cost of
438immobilizing or impounding the motor vehicle. Fees collected
439under this subparagraph shall be deposited in the Highway Safety
440Operating Trust Fund of the Department of Highway Safety and
441Motor Vehicles.
442     (d)  The department shall authorize release of the motor
443vehicle to the owner or lessee:
444     1.  Upon satisfaction of all of the requirements under this
445subsection for release of the motor vehicle; or
446     2.  Upon request by the owner or lessee and a statement
447that the family of the owner or lessee living in the same
448household has no other private or public means of transportation
449and at least one household member has a valid driver's license
450that is not canceled, suspended, revoked, or disqualified. The
451department shall verify the statement using department records
452prior to authorization of release.
453     (e)  A motor vehicle immobilized under this subsection may
454not be operated in this state until released from immobilization
455by the department or the department's agent. A motor vehicle
456immobilized under this subsection that is found being operated
457upon any street or highway in this state before being released
458by the department or the department's agent shall be seized and
459removed from the street or highway and may be forfeited pursuant
460to ss. 932.701-932.704.
461     (f)  The department may contract with vendors to carry out
462the provisions of this subsection.
463     (g)  Notification of cancellation, suspension, revocation,
464or disqualification given by the department under s. 322.251
465shall also inform the person whose driver's license or driving
466privilege has been canceled, suspended, revoked, or disqualified
467that any motor vehicle driven by or under the actual physical
468control of that person while the license or driving privilege is
469canceled, suspended, revoked, or disqualified is subject to
470impoundment and immobilization under this subsection; however,
471failure to receive the information shall not preclude, bar, or
472otherwise affect the impoundment or immobilization of a motor
473vehicle under this subsection.
474     (h)  The department shall make available on its Internet
475website the means to determine the status of a person's driver's
476license by entering the driver's license number. The department
477shall also provide an automated telephone hotline to provide
478callers with the status of a person's driver's license.
479     (i)  The department may adopt rules pursuant to ss.
480120.536(1) and 120.54 to implement the provisions of this
481subsection. Upon the arrest of a person for the offense of
482driving while the person's driver's license or driving privilege
483is suspended or revoked, the arresting officer shall determine:
484     1.  Whether the person's driver's license is suspended or
485revoked.
486     2.  Whether the person's driver's license has remained
487suspended or revoked since a conviction for the offense of
488driving with a suspended or revoked license.
489     3.  Whether the suspension or revocation was made under s.
490316.646 or s. 627.733, relating to failure to maintain required
491security, or under s. 322.264, relating to habitual traffic
492offenders.
493     4.  Whether the driver is the registered owner or coowner
494of the vehicle.
495     (b)  If the arresting officer finds in the affirmative as
496to all of the criteria in paragraph (a), the officer shall
497immediately impound or immobilize the vehicle.
498     (c)  Within 7 business days after the date the arresting
499agency impounds or immobilizes the vehicle, either the arresting
500agency or the towing service, whichever is in possession of the
501vehicle, shall send notice by certified mail, return receipt
502requested, to any coregistered owners of the vehicle other than
503the person arrested and to each person of record claiming a lien
504against the vehicle. All costs and fees for the impoundment or
505immobilization, including the cost of notification, must be paid
506by the owner of the vehicle or, if the vehicle is leased, by the
507person leasing the vehicle.
508     (d)  Either the arresting agency or the towing service,
509whichever is in possession of the vehicle, shall determine
510whether any vehicle impounded or immobilized under this section
511has been leased or rented or if there are any persons of record
512with a lien upon the vehicle. Either the arresting agency or the
513towing service, whichever is in possession of the vehicle, shall
514notify by express courier service with receipt or certified
515mail, return receipt requested, within 7 business days after the
516date of the immobilization or impoundment of the vehicle, the
517registered owner and all persons having a recorded lien against
518the vehicle that the vehicle has been impounded or immobilized.
519A lessor, rental car company, or lienholder may then obtain the
520vehicle, upon payment of any lawful towing or storage charges.
521If the vehicle is a rental vehicle subject to a written
522contract, the charges may be separately charged to the renter,
523in addition to the rental rate, along with other separate fees,
524charges, and recoupments disclosed on the rental agreement. If
525the storage facility fails to provide timely notice to a lessor,
526rental car company, or lienholder as required by this paragraph,
527the storage facility shall be responsible for payment of any
528towing or storage charges necessary to release the vehicle to a
529lessor, rental car company, or lienholder that accrue after the
530notice period, which charges may then be assessed against the
531driver of the vehicle if the vehicle was lawfully impounded or
532immobilized.
533     (e)  Except as provided in paragraph (d), the vehicle shall
534remain impounded or immobilized for any period imposed by the
535court until:
536     1.  The owner presents proof of insurance to the arresting
537agency; or
538     2.  The owner presents proof of sale of the vehicle to the
539arresting agency and the buyer presents proof of insurance to
540the arresting agency.
541
542If proof is not presented within 35 days after the impoundment
543or immobilization, a lien shall be placed upon such vehicle
544pursuant to s. 713.78.
545     (f)  The owner of a vehicle that is impounded or
546immobilized under this subsection may, within 10 days after the
547date the owner has knowledge of the location of the vehicle,
548file a complaint in the county in which the owner resides to
549determine whether the vehicle was wrongfully taken or withheld.
550Upon the filing of a complaint, the owner may have the vehicle
551released by posting with the court a bond or other adequate
552security equal to the amount of the costs and fees for
553impoundment or immobilization, including towing or storage, to
554ensure the payment of such costs and fees if the owner does not
555prevail. When the vehicle owner does not prevail on a complaint
556that the vehicle was wrongfully taken or withheld, he or she
557must pay the accrued charges for the immobilization or
558impoundment, including any towing and storage charges assessed
559against the vehicle. When the bond is posted and the fee is paid
560as set forth in s. 28.24, the clerk of the court shall issue a
561certificate releasing the vehicle. At the time of release, after
562reasonable inspection, the owner must give a receipt to the
563towing or storage company indicating any loss or damage to the
564vehicle or to the contents of the vehicle.
565     (11)  Any owner or lessee of a motor vehicle who knowingly
566allows, permits, or authorizes a person whose driver's license
567or driving privilege has been canceled, suspended, revoked, or
568disqualified to drive the motor vehicle upon the streets or
569highways of this state or knowingly gives, leases, lends, or
570otherwise provides the motor vehicle to a person whose driver's
571license or driving privilege has been canceled, suspended,
572revoked, or disqualified while such license or privilege is
573canceled, suspended, revoked, or disqualified commits a
574misdemeanor of the second degree, punishable as provided in s.
575775.082 or s. 775.083. The element of knowledge is satisfied if
576the owner or lessee has been previously charged under this
577subsection for providing a motor vehicle to the same person; the
578owner admits to knowledge of the cancellation, suspension,
579revocation, or disqualification of the driver's license or
580driving privilege of the driver; or the owner received notice as
581provided in subsection (8) relating to the same driver. There
582shall be a rebuttable presumption that the knowledge requirement
583is satisfied if the cancellation, suspension, revocation, or
584disqualification appears in the department's records and that
585information is available to the public through the department's
586Internet website or a telephone hotline.
587     Section 7.  Effective October 1, 2008, section 322.341,
588Florida Statutes, is amended to read:
589     322.341  Driving while license permanently revoked.--Any
590person whose driver's license or driving privilege has been
591permanently revoked pursuant to s. 322.26 or s. 322.28 and who
592drives a motor vehicle upon the highways of this state commits
593is guilty of a felony of the third degree, punishable as
594provided in s. 775.082, s. 775.083, or s. 775.084, and the court
595must order imprisonment for not less than 90 days.
596     Section 8.  The Department of Highway Safety and Motor
597Vehicles shall inform the motoring public of the changes to s.
598322.34, Florida Statutes, made by this act relating to
599impoundment or immobilization of a motor vehicle being driven by
600a person whose driver license is canceled, suspended, revoked,
601or disqualified and shall provide such information in newly
602printed driver license educational materials after July 1, 2008,
603and in public service announcements produced in cooperation with
604the Florida Highway Patrol.
605     Section 9.  During the period from July 1, 2008, to July 1,
6062009, the Department of Highway Safety and Motor Vehicles shall
607notify by mail persons whose driver license or driving privilege
608has been canceled, suspended, revoked, or disqualified of the
609changes to s. 322.34, Florida Statutes, made by this act
610relating to impoundment or immobilization of a motor vehicle
611being driven by such person; however, failure to receive such
612notification shall not preclude, bar, or otherwise affect the
613impoundment or immobilization of a motor vehicle under s.
614322.34, Florida Statutes.
615     Section 10.  Except as otherwise expressly provided in this
616act, this act shall take effect July 1, 2008.


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