HB 115

1	A bill to be entitled
2	An act relating to motor vehicles used to flee from or
3	elude a law enforcement officer; amending s. 316.1935,
4	F.S.; providing for impoundment or immobilization of a
5	motor vehicle used to flee from or elude a law enforcement
6	officer; requiring payment of costs and a civil penalty by
7	the owner or lessee of the vehicle; providing for
8	exceptions; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 316.1935, Florida Statutes, is amended
13	to read:
14	316.1935  Fleeing or attempting to elude a law enforcement
15	officer; aggravated fleeing or eluding.--
16	(1)  It is unlawful for the operator of any vehicle, having
17	knowledge that he or she has been ordered to stop such vehicle
18	by a duly authorized law enforcement officer, willfully to
19	refuse or fail to stop the vehicle in compliance with such order
20	or, having stopped in knowing compliance with such order,
21	willfully to flee in an attempt to elude the officer, and a
22	person who violates this subsection commits a felony of the
23	third degree, punishable as provided in s. 775.082, s. 775.083,
24	or s. 775.084.
25	(2)  Any person who willfully flees or attempts to elude a
26	law enforcement officer in an authorized law enforcement patrol
27	vehicle, with agency insignia and other jurisdictional markings
28	prominently displayed on the vehicle, with siren and lights
29	activated commits a felony of the third degree, punishable as
30	provided in s. 775.082, s. 775.083, or s. 775.084.
31	(3)  Any person who willfully flees or attempts to elude a
32	law enforcement officer in an authorized law enforcement patrol
33	vehicle, with agency insignia and other jurisdictional markings
34	prominently displayed on the vehicle, with siren and lights
35	activated, and during the course of the fleeing or attempted
36	eluding:
37	(a)  Drives at high speed, or in any manner which
38	demonstrates a wanton disregard for the safety of persons or
39	property, commits a felony of the second degree, punishable as
40	provided in s. 775.082, s. 775.083, or s. 775.084.
41	(b)  Drives at high speed, or in any manner which
42	demonstrates a wanton disregard for the safety of persons or
43	property, and causes serious bodily injury or death to another
44	person, including any law enforcement officer involved in
45	pursuing or otherwise attempting to effect a stop of the
46	person's vehicle, commits a felony of the first degree,
47	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
48	Notwithstanding any other provision of law, the court shall
49	sentence any person convicted of committing the offense
50	described in this paragraph to a mandatory minimum sentence of 3
51	years imprisonment. Nothing in this paragraph shall prevent a
52	court from imposing a greater sentence of incarceration as
53	authorized by law.
54	(4)  Any person who, in the course of unlawfully leaving or
55	attempting to leave the scene of a crash in violation of s.
56	316.027 or s. 316.061, having knowledge of an order to stop by a
57	duly authorized law enforcement officer, willfully refuses or
58	fails to stop in compliance with such an order, or having
59	stopped in knowing compliance with such order, willfully flees
60	in an attempt to elude such officer and, as a result of such
61	fleeing or eluding:
62	(a)  Causes injury to another person or causes damage to
63	any property belonging to another person, commits aggravated
64	fleeing or eluding, a felony of the second degree, punishable as
65	provided in s. 775.082, s. 775.083, or s. 775.084.
66	(b)  Causes serious bodily injury or death to another
67	person, including any law enforcement officer involved in
68	pursuing or otherwise attempting to effect a stop of the
69	person's vehicle, commits aggravated fleeing or eluding with
70	serious bodily injury or death, a felony of the first degree,
71	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
72
73	The felony of aggravated fleeing or eluding and the felony of
74	aggravated fleeing or eluding with serious bodily injury or
75	death constitute separate offenses for which a person may be
76	charged, in addition to the offenses under ss. 316.027 and
77	316.061, relating to unlawfully leaving the scene of a crash,
78	which the person had been in the course of committing or
79	attempting to commit when the order to stop was given.
80	Notwithstanding any other provision of law, the court shall
81	sentence any person convicted of committing aggravated fleeing
82	or eluding with serious bodily injury or death to a mandatory
83	minimum sentence of 3 years imprisonment. Nothing in this
84	subsection shall prevent a court from imposing a greater
85	sentence of incarceration as authorized by law.
86	(5)  The court shall revoke, for a period not less than 1
87	year nor exceeding 5 years, the driver's license of any operator
88	of a motor vehicle convicted of a violation of subsection (1),
89	subsection (2), subsection (3), or subsection (4).
90	(6)  Notwithstanding s. 948.01, no court may suspend,
91	defer, or withhold adjudication of guilt or imposition of
92	sentence for any violation of this section. A person convicted
93	and sentenced to a mandatory minimum term of incarceration under
94	paragraph (3)(b) or paragraph (4)(b) is not eligible for
95	statutory gain-time under s. 944.275 or any form of
96	discretionary early release, other than pardon or executive
97	clemency or conditional medical release under s. 947.149, prior
98	to serving the mandatory minimum sentence.
99	(7)  When a law enforcement officer who is in pursuit of a
100	motor vehicle being operated in violation of this section
101	decides to end the pursuit based on safety concerns or the
102	pursuit policies under which the officer is operating, the
103	officer may end pursuit and order the motor vehicle to be
104	impounded or immobilized pursuant to this subsection.
105	(a)  An order to impound or immobilize a motor vehicle
106	under this subsection must provide a positive identification of
107	the motor vehicle, including a description of the motor vehicle,
108	its make and color, and its registration license number. Once
109	the order has been issued, the law enforcement agency shall have
110	the motor vehicle impounded or immobilized. The law enforcement
111	agency shall then notify the clerk of the court of the
112	impoundment or immobilization for violation of this section. The
113	motor vehicle shall remain in impound or immobilized until the
114	owner or lessee receives authorization from the clerk of the
115	court for release of the motor vehicle under this subsection.
116	(b)  Within 7 business days after the date of impoundment
117	or immobilization, the clerk of the court shall send notice by
118	certified mail, return receipt requested, to the registered
119	owner or coowners of the motor vehicle, any lessee of the motor
120	vehicle, and each person of record claiming a lien against the
121	motor vehicle. The notice shall include the location where the
122	motor vehicle is being held and information on the procedures to
123	have the motor vehicle released from impoundment or
124	immobilization.
125	(c)1.  All costs and fees for the impoundment or
126	immobilization, including the cost of notification, must be paid
127	by the owner of the motor vehicle or, if the motor vehicle is
128	leased or rented, by the person leasing or renting the motor
129	vehicle, unless the impoundment or immobilization order is
130	canceled by the clerk of the court. All provisions of s. 713.78
131	shall apply.
132	2.  Notwithstanding s. 318.121, a civil penalty of $2,000
133	must be paid to the clerk of the court by the owner of the motor
134	vehicle or, if the motor vehicle is leased or rented, by the
135	person leasing or renting the motor vehicle. Moneys collected
136	under this subparagraph shall be distributed as provided in s.
137	318.21.
138	(d)  Upon satisfaction of the requirements of subparagraphs
139	(c)1. and 2., the clerk of the court shall authorize the release
140	of the motor vehicle, and the impounding agency shall release
141	the motor vehicle to the owner or lessee or an agent of the
142	owner or lessee.
143	(e)  The clerk of the court shall cancel the order of
144	impoundment or immobilization and the impounding agency shall
145	release the motor vehicle under the conditions provided in s.
146	316.193(6)(e), (f), (g), and (h) if the owner or lessee or an
147	agent of the owner or lessee presents a valid driver license at
148	the time of pickup of the motor vehicle.
149	(8)(7)  Any motor vehicle involved in a violation of this
150	section is deemed to be contraband, which may be seized by a law
151	enforcement agency and is subject to forfeiture pursuant to ss.
152	932.701-932.704. Any vehicle not required to be titled under the
153	laws of this state is presumed to be the property of the person
154	in possession of the vehicle.
155	Section 2.  This act shall take effect October 1, 2008.

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