Florida Senate - 2011                                     SB 792
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-00721-11                                            2011792__
    1                        A bill to be entitled                      
    2         An act relating to driving without a valid driver’s
    3         license; amending s. 318.18, F.S.; providing an
    4         additional fine for a violation of specified
    5         provisions relating to driving with a canceled,
    6         suspended, or revoked driver’s license or driving
    7         privilege; providing increased fine amounts for second
    8         or subsequent violations; amending s. 318.21, F.S.;
    9         providing for distribution of such fines collected;
   10         amending s. 322.34, F.S.; revising penalties for
   11         knowingly driving while the driver’s license or
   12         driving privilege is canceled, suspended, or revoked;
   13         revising procedures for impoundment or immobilization
   14         of the vehicle; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (22) is added to section 318.18,
   19  Florida Statutes, to read:
   20         318.18 Amount of penalties.—The penalties required for a
   21  noncriminal disposition pursuant to s. 318.14 or a criminal
   22  offense listed in s. 318.17 are as follows:
   23         (22) For a person knowingly driving any motor vehicle upon
   24  the highways of this state while the person’s license or
   25  privilege to drive is canceled, suspended, or revoked in
   26  violation of s. 322.34(2), in addition to the fine under
   27  paragraph (3)(a), upon:
   28         (a) A first offense, $500 before release of the vehicle
   29  from immobilization or impoundment.
   30         (b) A second offense, $1,000 before release of the vehicle
   31  from immobilization or impoundment.
   32         (c) A third or subsequent offense, $1,500 before release of
   33  the vehicle from immobilization or impoundment.
   34         Section 2. Subsection (22) is added to section 318.21,
   35  Florida Statutes, to read:
   36         318.21 Disposition of civil penalties by county courts.—All
   37  civil penalties received by a county court pursuant to the
   38  provisions of this chapter shall be distributed and paid monthly
   39  as follows:
   40         (22) Notwithstanding subsections (1) and (2), the proceeds
   41  from the penalties imposed pursuant to s. 318.18(22) shall be
   42  distributed as follows:
   43         (a) For violations committed within a municipality, 40
   44  percent shall be distributed to the municipality, 40 percent
   45  shall be distributed to the county, and 20 percent shall be
   46  distributed to the agency or company that towed and stored the
   47  vehicle.
   48         (b) For violations committed outside a municipality, 80
   49  percent shall be distributed to the county and 20 percent shall
   50  be distributed to the agency or company that towed and stored
   51  the vehicle.
   52         Section 3. Section 322.34, Florida Statutes, is amended to
   53  read:
   54         322.34 Driving while license suspended, revoked, canceled,
   55  or disqualified.—
   56         (1) Except as provided in subsection (2), Any person whose
   57  driver’s license or driving privilege has been canceled,
   58  suspended, or revoked, except a habitual traffic offender as
   59  defined in s. 322.264, who drives a vehicle upon the highways of
   60  this state while such license or privilege is canceled,
   61  suspended, or revoked commits is guilty of a moving violation,
   62  punishable as provided in chapter 318.
   63         (2) Any person whose driver’s license or driving privilege
   64  has been canceled, suspended, or revoked as provided by law,
   65  except a habitual traffic offender as persons defined in s.
   66  322.264, who, knowing of such cancellation, suspension, or
   67  revocation, drives any motor vehicle upon the highways of this
   68  state while such license or privilege is canceled, suspended, or
   69  revoked commits a moving violation, punishable as provided in
   70  chapter 318, and the motor vehicle being driven at the time of
   71  the offense shall be immediately immobilized or impounded.,
   72  upon:
   73         (a) A first conviction is guilty of a misdemeanor of the
   74  second degree, punishable as provided in s. 775.082 or s.
   75  775.083.
   76         (b) A second conviction is guilty of a misdemeanor of the
   77  first degree, punishable as provided in s. 775.082 or s.
   78  775.083.
   79         (c) A third or subsequent conviction is guilty of a felony
   80  of the third degree, punishable as provided in s. 775.082, s.
   81  775.083, or s. 775.084.
   82  
   83  The element of knowledge is satisfied if the person has been
   84  previously cited as provided in subsection (1); or the person
   85  admits to knowledge of the cancellation, suspension, or
   86  revocation; or the person received notice as provided in
   87  subsection (4). There shall be a rebuttable presumption that the
   88  knowledge requirement is satisfied if a judgment or order as
   89  provided in subsection (4) appears in the department’s records
   90  for any case except for one involving a suspension by the
   91  department for failure to pay a traffic fine or for a financial
   92  responsibility violation.
   93         (3) In any proceeding for a violation of this section, a
   94  court may consider evidence, other than that specified in
   95  subsection (2), that the person knowingly violated this section.
   96         (4) Any judgment or order rendered by a court or
   97  adjudicatory body or any uniform traffic citation that cancels,
   98  suspends, or revokes a person’s driver’s license must contain a
   99  provision notifying the person that his or her driver’s license
  100  has been canceled, suspended, or revoked.
  101         (5) Any person whose driver’s license has been revoked
  102  pursuant to s. 322.264 as a (habitual traffic offender) and who
  103  drives any motor vehicle upon the highways of this state while
  104  such license is revoked commits is guilty of a felony of the
  105  third degree, punishable as provided in s. 775.082, s. 775.083,
  106  or s. 775.084.
  107         (6) Any person who operates a motor vehicle:
  108         (a) Without having a driver’s license as required under s.
  109  322.03; or
  110         (b) While his or her driver’s license or driving privilege
  111  is canceled, suspended, or revoked pursuant to s. 316.655, s.
  112  322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
  113  
  114  and who by careless or negligent operation of the motor vehicle
  115  causes the death of or serious bodily injury to another human
  116  being commits is guilty of a felony of the third degree,
  117  punishable as provided in s. 775.082 or s. 775.083.
  118         (7) Any person whose driver’s license or driving privilege
  119  has been canceled, suspended, revoked, or disqualified and who
  120  drives a commercial motor vehicle on the highways of this state
  121  while such license or privilege is canceled, suspended, revoked,
  122  or disqualified, upon:
  123         (a) A first conviction is guilty of a misdemeanor of the
  124  first degree, punishable as provided in s. 775.082 or s.
  125  775.083.
  126         (b) A second or subsequent conviction is guilty of a felony
  127  of the third degree, punishable as provided in s. 775.082, s.
  128  775.083, or s. 775.084.
  129         (8)(a) Upon issuing a citation to the arrest of a person
  130  for a violation of subsection (2), knowingly the offense of
  131  driving while the person’s driver’s license or driving privilege
  132  is suspended or revoked, the law enforcement arresting officer
  133  shall immediately impound or immobilize the vehicle. determine:
  134         1. Whether the person’s driver’s license is suspended or
  135  revoked.
  136         2. Whether the person’s driver’s license has remained
  137  suspended or revoked since a conviction for the offense of
  138  driving with a suspended or revoked license.
  139         3. Whether the suspension or revocation was made under s.
  140  316.646 or s. 627.733, relating to failure to maintain required
  141  security, or under s. 322.264, relating to habitual traffic
  142  offenders.
  143         4. Whether the driver is the registered owner or coowner of
  144  the vehicle.
  145         (b) If the arresting officer finds in the affirmative as to
  146  all of the criteria in paragraph (a), the officer shall
  147  immediately impound or immobilize the vehicle.
  148         (b)(c) Within 7 business days after the date the vehicle is
  149  impounded or immobilized arresting agency impounds or
  150  immobilizes the vehicle, either the law enforcement arresting
  151  agency or the towing service, whichever is in possession of the
  152  vehicle, shall send notice by certified mail to any coregistered
  153  owners of the vehicle other than the person who was cited
  154  arrested and to each person of record claiming a lien against
  155  the vehicle. All costs and fees for the impoundment or
  156  immobilization, including the cost of notification, must be paid
  157  by the owner of the vehicle or, if the vehicle is leased, by the
  158  person leasing the vehicle.
  159         (c)(d) Either the law enforcement arresting agency or the
  160  towing service, whichever is in possession of the vehicle, shall
  161  determine whether any vehicle impounded or immobilized under
  162  this section has been leased or rented or if there are any
  163  persons of record with a lien upon the vehicle. Either the law
  164  enforcement arresting agency or the towing service, whichever is
  165  in possession of the vehicle, shall notify by express courier
  166  service with receipt or certified mail within 7 business days
  167  after the date of the immobilization or impoundment of the
  168  vehicle, the registered owner and all persons having a recorded
  169  lien against the vehicle that the vehicle has been impounded or
  170  immobilized. A lessor, rental car company, or lienholder may
  171  then obtain the vehicle, upon payment of any lawful towing or
  172  storage charges. If the vehicle is a rental vehicle subject to a
  173  written contract, the charges may be separately charged to the
  174  renter, in addition to the rental rate, along with other
  175  separate fees, charges, and recoupments disclosed on the rental
  176  agreement. If the storage facility fails to provide timely
  177  notice to a lessor, rental car company, or lienholder as
  178  required by this paragraph, the storage facility shall be
  179  responsible for payment of any towing or storage charges
  180  necessary to release the vehicle to a lessor, rental car
  181  company, or lienholder that accrue after the notice period,
  182  which charges may then be assessed against the driver of the
  183  vehicle if the vehicle was lawfully impounded or immobilized.
  184         (d)(e) Except as provided in paragraph (c) (d), the vehicle
  185  shall remain impounded or immobilized for any period imposed by
  186  the court until payment of the applicable amount required under
  187  s. 318.18 and:
  188         1. The person retrieving the vehicle owner presents to the
  189  law enforcement agency proof of a valid driver’s license, proof
  190  of ownership of the vehicle or written consent by the owner
  191  authorizing release to the person, and proof of insurance to the
  192  arresting agency; or
  193         2. The owner presents to the law enforcement agency proof
  194  of sale of the vehicle to the arresting agency and the buyer
  195  presents proof of insurance to the arresting agency.
  196  
  197  If proof is not presented within 35 days after the impoundment
  198  or immobilization, a lien shall be placed upon such vehicle
  199  pursuant to s. 713.78.
  200         (e)(f) The owner of a vehicle that is impounded or
  201  immobilized under this subsection may, within 10 days after the
  202  date the owner has knowledge of the location of the vehicle,
  203  file a complaint in the county in which the owner resides to
  204  determine whether the vehicle was wrongfully taken or withheld.
  205  Upon the filing of a complaint, the owner or lienholder may have
  206  the vehicle released by posting with the court a bond or other
  207  adequate security equal to the amount of the costs and fees for
  208  impoundment or immobilization, including towing or storage, to
  209  ensure the payment of such costs and fees if the owner or
  210  lienholder does not prevail. When the vehicle owner or
  211  lienholder does not prevail on a complaint that the vehicle was
  212  wrongfully taken or withheld, he or she must pay the accrued
  213  charges for the immobilization or impoundment, including any
  214  towing and storage charges assessed against the vehicle. When
  215  the bond is posted and the fee is paid as set forth in s. 28.24,
  216  the clerk of the court shall issue a certificate releasing the
  217  vehicle. At the time of release, after reasonable inspection,
  218  the owner must give a receipt to the towing or storage company
  219  indicating any loss or damage to the vehicle or to the contents
  220  of the vehicle.
  221         (9)(a) A motor vehicle that is driven by a person under the
  222  influence of alcohol or drugs in violation of s. 316.193 is
  223  subject to seizure and forfeiture under ss. 932.701-932.706 and
  224  is subject to liens for recovering, towing, or storing vehicles
  225  under s. 713.78 if, at the time of the offense, the person’s
  226  driver’s license is suspended, revoked, or canceled as a result
  227  of a prior conviction for driving under the influence.
  228         (b) The law enforcement officer shall notify the Department
  229  of Highway Safety and Motor Vehicles of any impoundment or
  230  seizure for violation of paragraph (a) in accordance with
  231  procedures established by the department.
  232         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
  233  the seizing agency obtains a final judgment granting forfeiture
  234  of the motor vehicle under this section, 30 percent of the net
  235  proceeds from the sale of the motor vehicle shall be retained by
  236  the seizing law enforcement agency and 70 percent shall be
  237  deposited in the General Revenue Fund for use by regional
  238  workforce boards in providing transportation services for
  239  participants of the welfare transition program. In a forfeiture
  240  proceeding under this section, the court may consider the extent
  241  that the family of the owner has other public or private means
  242  of transportation.
  243         (10)(a) Notwithstanding any other provision of this
  244  section, if a person does not have a prior forcible felony
  245  conviction as defined in s. 776.08, the procedures penalties
  246  provided in paragraph (b) apply if a person’s driver’s license
  247  or driving privilege is canceled, suspended, or revoked for:
  248         1. Failing to pay child support as provided in s. 322.245
  249  or s. 61.13016;
  250         2. Failing to pay any other financial obligation as
  251  provided in s. 322.245 other than those specified in s.
  252  322.245(1);
  253         3. Failing to comply with a civil penalty required in s.
  254  318.15;
  255         4. Failing to maintain vehicular financial responsibility
  256  as required by chapter 324;
  257         5. Failing to comply with attendance or other requirements
  258  for minors as set forth in s. 322.091; or
  259         6. Having been designated a habitual traffic offender under
  260  s. 322.264(1)(d) as a result of suspensions of his or her
  261  driver’s license or driver privilege for any underlying
  262  violation listed in subparagraphs 1.-5.
  263         (b)1. Upon a first conviction for knowingly driving while
  264  his or her license is suspended, revoked, or canceled for any of
  265  the underlying violations listed in subparagraphs (a)1.-6., a
  266  person commits a misdemeanor of the second degree, punishable as
  267  provided in s. 775.082 or s. 775.083.
  268         2. Upon a second or subsequent conviction for the same
  269  offense of knowingly driving while his or her license is
  270  suspended, revoked, or canceled for any of the underlying
  271  violations listed in subparagraphs (a)1.-6., a person commits a
  272  misdemeanor of the first degree, punishable as provided in s.
  273  775.082 or s. 775.083.
  274         (b)(11)(a) A person who does not hold a commercial driver’s
  275  license and who is cited for an offense of knowingly driving
  276  while his or her license is suspended, revoked, or canceled for
  277  any of the underlying violations listed in paragraph (10)(a)
  278  may, in lieu of payment of fine or court appearance, elect to
  279  enter a plea of nolo contendere and provide proof of compliance
  280  to the clerk of the court, designated official, or authorized
  281  operator of a traffic violations bureau. In such case,
  282  adjudication shall be withheld and the clerk of the court,
  283  designated official, or authorized operator of a traffic
  284  violations bureau shall issue a certificate releasing the
  285  vehicle upon payment of the cost of towing and storing the
  286  vehicle. However, no election shall be made under this
  287  subsection if such person has made an election under this
  288  subsection during the preceding 12 months. A person may not make
  289  more than three elections under this subsection.
  290         (c)(b) If adjudication is withheld under paragraph (b) (a),
  291  such action is not a conviction.
  292         Section 4. This act shall take effect July 1, 2011.