| 1 | A bill to be entitled |
| 2 | An act relating to driving without a valid license; |
| 3 | creating s. 322.345, F.S.; providing for immobilization or |
| 4 | impoundment of a motor vehicle driven or owned by a person |
| 5 | charged with driving without a driver's license or while |
| 6 | the person's driver's license or privilege to drive is |
| 7 | canceled, suspended, or revoked; providing for release of |
| 8 | the vehicle; limiting application; providing an effective |
| 9 | date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 322.345, Florida Statutes, is created |
| 14 | to read: |
| 15 | 322.345 Driving without a valid license; impoundment of |
| 16 | vehicle.- |
| 17 | (1) Upon the arrest of a person for driving without a |
| 18 | driver's license under s. 322.03 or driving while the person's |
| 19 | driver's license or driving privilege has been canceled, |
| 20 | suspended, or revoked under s. 322.34, the arresting officer |
| 21 | shall immediately impound or immobilize the motor vehicle that |
| 22 | was driven at the time of the offense. |
| 23 | (2) The motor vehicle owned by any person who is currently |
| 24 | charged with driving without a driver's license under s. 322.03 |
| 25 | or driving while the person's driver's license or driving |
| 26 | privilege has been canceled, suspended, or revoked under s. |
| 27 | 322.34 shall be impounded or immobilized if the person has been |
| 28 | previously charged within the last 5 years with driving without |
| 29 | a driver's license under s. 322.03 or driving while the person's |
| 30 | driver's license or driving privilege has been canceled, |
| 31 | suspended, or revoked under s. 322.34. |
| 32 | (3) A motor vehicle immobilized or impounded under this |
| 33 | section shall be released: |
| 34 | (a) To the registered owner, if the owner was not the |
| 35 | person driving the vehicle at the time of arrest and |
| 36 | immobilization or impoundment under subsection (1); |
| 37 | (b) After any period imposed by the court and upon payment |
| 38 | of reasonable charges for towing and storing the vehicle, if the |
| 39 | owner presents to the law enforcement agency proof of a valid |
| 40 | driver's license, ownership of the vehicle, and required |
| 41 | insurance; or |
| 42 | (c) Upon payment of reasonable charges for towing and |
| 43 | storing the vehicle, if the owner presents to the law |
| 44 | enforcement agency proof of sale of the vehicle and the buyer |
| 45 | presents to the agency proof of a valid driver's license, |
| 46 | ownership of the vehicle, and required insurance. |
| 47 | (4) It is the intent of the Legislature that the outcome |
| 48 | of any charged offense have no effect on immobilization or |
| 49 | impoundment of the motor vehicle and release of the vehicle |
| 50 | therefrom. |
| 51 | (5) This section does not apply to minors. |
| 52 | Section 2. This act shall take effect July 1, 2011. |