Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 792
       
       
       
       
       
       
                                Barcode 479846                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2011           .                                
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       The Committee on Transportation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (22) is added to section 318.18,
    6  Florida Statutes, to read:
    7         318.18 Amount of penalties.—The penalties required for a
    8  noncriminal disposition pursuant to s. 318.14 or a criminal
    9  offense listed in s. 318.17 are as follows:
   10         (22) For a person driving any motor vehicle upon the
   11  highways of this state while the person’s license or privilege
   12  to drive is canceled, suspended, or revoked in violation of s.
   13  322.34(2), in addition to the fine under paragraph (3)(a), upon:
   14         (a) A first offense, $250 before release of the vehicle
   15  from impoundment.
   16         (b) A second offense, $500 before release of the vehicle
   17  from impoundment.
   18         (c) A third or subsequent offense, $1,000 before release of
   19  the vehicle from impoundment.
   20         Section 2. Subsection (22) is added to section 318.21,
   21  Florida Statutes, to read:
   22         318.21 Disposition of civil penalties by county courts.—All
   23  civil penalties received by a county court pursuant to the
   24  provisions of this chapter shall be distributed and paid monthly
   25  as follows:
   26         (22) Notwithstanding subsections (1) and (2), the proceeds
   27  from the penalties imposed pursuant to s. 318.18(22) shall be
   28  distributed as follows:
   29         (a) For violations committed within a municipality, 40
   30  percent shall be distributed to the municipality, 40 percent
   31  shall be distributed to the county, and 20 percent shall be
   32  distributed to the agency or company that towed and stored the
   33  vehicle.
   34         (b) For violations committed outside a municipality, 80
   35  percent shall be distributed to the county and 20 percent shall
   36  be distributed to the enforcement agency impounding the vehicle.
   37         Section 3. Section 322.34, Florida Statutes, is amended to
   38  read:
   39         322.34 Driving while license suspended, revoked, canceled,
   40  or disqualified.—
   41         (1) Except as provided in subsection (2), Any person whose
   42  driver’s license or driving privilege has been canceled,
   43  suspended, or revoked, except a habitual traffic offender as
   44  defined in s. 322.264, who drives a vehicle upon the highways of
   45  this state while such license or privilege is canceled,
   46  suspended, or revoked commits is guilty of a moving violation,
   47  punishable as provided in chapter 318.
   48         (2) Any person whose driver’s license or driving privilege
   49  has been canceled, suspended, or revoked as provided by law,
   50  except a habitual traffic offender as persons defined in s.
   51  322.264, who, knowing of such cancellation, suspension, or
   52  revocation, drives any motor vehicle upon the highways of this
   53  state while such license or privilege is canceled, suspended, or
   54  revoked commits a moving violation, punishable as provided in
   55  chapter 318, and the motor vehicle being driven at the time of
   56  the offense shall be immediately impounded., upon:
   57         (a) A first conviction is guilty of a misdemeanor of the
   58  second degree, punishable as provided in s. 775.082 or s.
   59  775.083.
   60         (b) A second conviction is guilty of a misdemeanor of the
   61  first degree, punishable as provided in s. 775.082 or s.
   62  775.083.
   63         (c) A third or subsequent conviction is guilty of a felony
   64  of the third degree, punishable as provided in s. 775.082, s.
   65  775.083, or s. 775.084.
   66  
   67  The element of knowledge is satisfied if the person has been
   68  previously cited as provided in subsection (1); or the person
   69  admits to knowledge of the cancellation, suspension, or
   70  revocation; or the person received notice as provided in
   71  subsection (4). There shall be a rebuttable presumption that the
   72  knowledge requirement is satisfied if a judgment or order as
   73  provided in subsection (4) appears in the department’s records
   74  for any case except for one involving a suspension by the
   75  department for failure to pay a traffic fine or for a financial
   76  responsibility violation.
   77         (3) In any proceeding for a violation of this section, a
   78  court may consider evidence, other than that specified in
   79  subsection (2), that the person knowingly violated this section.
   80         (4) Any judgment or order rendered by a court or
   81  adjudicatory body or any uniform traffic citation that cancels,
   82  suspends, or revokes a person’s driver’s license must contain a
   83  provision notifying the person that his or her driver’s license
   84  has been canceled, suspended, or revoked.
   85         (3)(5) Any person whose driver’s license has been revoked
   86  pursuant to s. 322.264 as a (habitual traffic offender) and who
   87  drives any motor vehicle upon the highways of this state while
   88  such license is revoked commits is guilty of a felony of the
   89  third degree, punishable as provided in s. 775.082, s. 775.083,
   90  or s. 775.084.
   91         (4)(6) Any person who operates a motor vehicle:
   92         (a) Without having a driver’s license as required under s.
   93  322.03; or
   94         (b) While his or her driver’s license or driving privilege
   95  is canceled, suspended, or revoked pursuant to s. 316.655, s.
   96  322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
   97  
   98  and who by careless or negligent operation of the motor vehicle
   99  causes the death of or serious bodily injury to another human
  100  being commits is guilty of a felony of the third degree,
  101  punishable as provided in s. 775.082 or s. 775.083.
  102         (5)(7) Any person whose driver’s license or driving
  103  privilege has been canceled, suspended, revoked, or disqualified
  104  and who drives a commercial motor vehicle on the highways of
  105  this state while such license or privilege is canceled,
  106  suspended, revoked, or disqualified, upon:
  107         (a) A first conviction is guilty of a misdemeanor of the
  108  first degree, punishable as provided in s. 775.082 or s.
  109  775.083.
  110         (b) A second or subsequent conviction is guilty of a felony
  111  of the third degree, punishable as provided in s. 775.082, s.
  112  775.083, or s. 775.084.
  113         (6)(8)(a) Upon issuing a citation to the arrest of a person
  114  for a violation of subsection (2), the offense of driving while
  115  the person’s driver’s license or driving privilege is suspended
  116  or revoked, the law enforcement arresting officer shall
  117  immediately impound the vehicle. determine:
  118         1. Whether the person’s driver’s license is suspended or
  119  revoked.
  120         2. Whether the person’s driver’s license has remained
  121  suspended or revoked since a conviction for the offense of
  122  driving with a suspended or revoked license.
  123         3. Whether the suspension or revocation was made under s.
  124  316.646 or s. 627.733, relating to failure to maintain required
  125  security, or under s. 322.264, relating to habitual traffic
  126  offenders.
  127         4. Whether the driver is the registered owner or coowner of
  128  the vehicle.
  129         (b) If the arresting officer finds in the affirmative as to
  130  all of the criteria in paragraph (a), the officer shall
  131  immediately impound or immobilize the vehicle.
  132         (b)(c) Within 7 business days after the date the vehicle is
  133  impounded arresting agency impounds or immobilizes the vehicle,
  134  either the law enforcement arresting agency or the towing
  135  service, whichever is in possession of the vehicle, shall send
  136  notice pursuant to s. 713.78 by certified mail to any
  137  coregistered owners of the vehicle other than the person who was
  138  cited, to the traffic violations bureau, arrested and to each
  139  person of record claiming a lien against the vehicle. All costs
  140  and fees for the impoundment or immobilization, including the
  141  cost of notification, must be paid by the owner of the vehicle
  142  or, if the vehicle is leased, by the person leasing the vehicle.
  143         (c)(d) Either the law enforcement arresting agency or the
  144  towing service, whichever is in possession of the vehicle, shall
  145  determine whether any vehicle impounded or immobilized under
  146  this section has been leased or rented or if there are any
  147  persons of record with a lien upon the vehicle. Either the law
  148  enforcement arresting agency or the towing service, whichever is
  149  in possession of the vehicle, shall send notice pursuant to s.
  150  713.78 notify by express courier service with receipt or
  151  certified mail within 7 business days after the date of the
  152  immobilization or impoundment of the vehicle, to the registered
  153  owner and all persons having a recorded lien against the vehicle
  154  that the vehicle has been impounded or immobilized. A lessor,
  155  rental car company, or lienholder may then obtain the vehicle,
  156  upon payment of any lawful towing or storage charges. If the
  157  vehicle is a rental vehicle subject to a written contract, the
  158  charges may be separately charged to the renter, in addition to
  159  the rental rate, along with other separate fees, charges, and
  160  recoupments disclosed on the rental agreement. If the storage
  161  facility fails to provide timely notice to a lessor, rental car
  162  company, or lienholder as required by this paragraph, the
  163  storage facility shall be responsible for payment of any towing
  164  or storage charges necessary to release the vehicle to a lessor,
  165  rental car company, or lienholder that accrue after the notice
  166  period, which charges may then be assessed against the driver of
  167  the vehicle if the vehicle was lawfully impounded or
  168  immobilized.
  169         (d)(e) Except as provided in paragraph (c) (d), the vehicle
  170  shall remain impounded or immobilized for any period imposed by
  171  the court until payment of the applicable amount required under
  172  s. 318.18 and:
  173         1. The person retrieving the vehicle owner presents to the
  174  law enforcement agency proof of a valid driver’s license, proof
  175  of ownership of the vehicle or written consent by the owner
  176  authorizing release to the person, and proof of insurance to the
  177  arresting agency; or
  178         2. The owner presents to the law enforcement agency proof
  179  of sale of the vehicle to the arresting agency and the buyer
  180  presents proof of insurance to the arresting agency.
  181  
  182  If proof is not presented within 35 days after the impoundment
  183  or immobilization, a lien shall be placed upon such vehicle
  184  pursuant to s. 713.78.
  185         (e)(f) The owner of a vehicle that is impounded or
  186  immobilized under this subsection may, within 10 days after the
  187  date the owner has knowledge of the location of the vehicle,
  188  file a complaint in the county in which the owner resides to
  189  determine whether the vehicle was wrongfully taken or withheld.
  190  Upon the filing of a complaint, the owner or lienholder may have
  191  the vehicle released by posting with the court a bond or other
  192  adequate security equal to the amount of the costs and fees for
  193  impoundment or immobilization, including towing or storage, to
  194  ensure the payment of such costs and fees if the owner or
  195  lienholder does not prevail. When the vehicle owner or
  196  lienholder does not prevail on a complaint that the vehicle was
  197  wrongfully taken or withheld, he or she must pay the accrued
  198  charges for the immobilization or impoundment, including any
  199  towing and storage charges assessed against the vehicle. When
  200  the bond is posted and the fee is paid as set forth in s. 28.24,
  201  the clerk of the court shall issue a certificate releasing the
  202  vehicle. At the time of release, after reasonable inspection,
  203  the owner must give a receipt to the towing or storage company
  204  indicating any loss or damage to the vehicle or to the contents
  205  of the vehicle.
  206         (7)(9)(a) A motor vehicle that is driven by a person under
  207  the influence of alcohol or drugs in violation of s. 316.193 is
  208  subject to seizure and forfeiture under ss. 932.701-932.706 and
  209  is subject to liens for recovering, towing, or storing vehicles
  210  under s. 713.78 if, at the time of the offense, the person’s
  211  driver’s license is suspended, revoked, or canceled as a result
  212  of a prior conviction for driving under the influence.
  213         (b) The law enforcement officer shall notify the Department
  214  of Highway Safety and Motor Vehicles of any impoundment or
  215  seizure for violation of paragraph (a) in accordance with
  216  procedures established by the department.
  217         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
  218  the seizing agency obtains a final judgment granting forfeiture
  219  of the motor vehicle under this section, 30 percent of the net
  220  proceeds from the sale of the motor vehicle shall be retained by
  221  the seizing law enforcement agency and 70 percent shall be
  222  deposited in the General Revenue Fund for use by regional
  223  workforce boards in providing transportation services for
  224  participants of the welfare transition program. In a forfeiture
  225  proceeding under this section, the court may consider the extent
  226  that the family of the owner has other public or private means
  227  of transportation.
  228         (8)(10)(a) Notwithstanding any other provision of this
  229  section, if a person does not have a prior forcible felony
  230  conviction as defined in s. 776.08, the procedures penalties
  231  provided in paragraph (b) apply if a person’s driver’s license
  232  or driving privilege is canceled, suspended, or revoked for:
  233         1. Failing to pay child support as provided in s. 322.245
  234  or s. 61.13016;
  235         2. Failing to pay any other financial obligation as
  236  provided in s. 322.245 other than those specified in s.
  237  322.245(1);
  238         3. Failing to comply with a civil penalty required in s.
  239  318.15;
  240         4. Failing to maintain vehicular financial responsibility
  241  as required by chapter 324;
  242         5. Failing to comply with attendance or other requirements
  243  for minors as set forth in s. 322.091; or
  244         6. Having been designated a habitual traffic offender under
  245  s. 322.264(1)(d) as a result of suspensions of his or her
  246  driver’s license or driver privilege for any underlying
  247  violation listed in subparagraphs 1.-5.
  248         (b)1. Upon a first conviction for knowingly driving while
  249  his or her license is suspended, revoked, or canceled for any of
  250  the underlying violations listed in subparagraphs (a)1.-6., a
  251  person commits a misdemeanor of the second degree, punishable as
  252  provided in s. 775.082 or s. 775.083.
  253         2. Upon a second or subsequent conviction for the same
  254  offense of knowingly driving while his or her license is
  255  suspended, revoked, or canceled for any of the underlying
  256  violations listed in subparagraphs (a)1.-6., a person commits a
  257  misdemeanor of the first degree, punishable as provided in s.
  258  775.082 or s. 775.083.
  259         (b)(11)(a) A person who does not hold a commercial driver’s
  260  license and who is cited for an offense of knowingly driving
  261  while his or her license is suspended, revoked, or canceled for
  262  any of the underlying violations listed in paragraph (10)(a)
  263  may, in lieu of payment of fine or court appearance, elect to
  264  enter a plea of nolo contendere and provide proof of compliance
  265  to the clerk of the court, designated official, or authorized
  266  operator of a traffic violations bureau. In such case,
  267  adjudication shall be withheld and the clerk of the court,
  268  designated official, or authorized operator of a traffic
  269  violations bureau shall issue a certificate releasing the
  270  vehicle upon payment of the cost of towing and storing the
  271  vehicle. However, no election shall be made under this
  272  subsection if such person has made an election under this
  273  subsection during the preceding 12 months. A person may not make
  274  more than three elections under this subsection.
  275         (c)(b) If adjudication is withheld under paragraph (b) (a),
  276  such action is not a conviction.
  277         Section 4. This act shall take effect July 1, 2011.
  278  
  279  ================= T I T L E  A M E N D M E N T ================
  280         And the title is amended as follows:
  281         Delete everything before the enacting clause
  282  and insert:
  283                        A bill to be entitled                      
  284         An act relating to driving without a valid driver’s
  285         license; amending s. 318.18, F.S.; providing an
  286         additional fine for a violation of specified
  287         provisions relating to driving with a canceled,
  288         suspended, or revoked driver’s license or driving
  289         privilege; providing increased fine amounts for second
  290         or subsequent violations; amending s. 318.21, F.S.;
  291         providing for distribution of such fines collected;
  292         amending s. 322.34, F.S.; deleting a knowledge element
  293         for conviction of the offense of driving while a
  294         person’s driver’s license or driving privilege is
  295         canceled, suspended, or revoked; requiring immediate
  296         impoundment of the motor vehicle; conforming
  297         provisions; revising penalties for knowingly driving
  298         while the driver’s license or driving privilege is
  299         canceled, suspended, or revoked; revising procedures
  300         for impoundment of the vehicle; providing an effective
  301         date.